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Natives is registered under the Data
Protection Act 1998 (Reg NO. Z6433967) The Terms of Use contain limitations of Natives' liability and exclusions of warranties. If you do not agree to these Terms of Use Natives is not willing to allow you access to the Website and the services and facilities and you must leave the Website. 1. DEFINITIONS In these Terms the following words and expressions have the following defined meanings: 'the Website' means the 'Natives'
website at www.natives.co.uk 2. NATIVES 2.1 Natives shall be responsible for the Website and Natives shall only be required to use its reasonable endeavours to keep the Website operational. 2.2 Natives shall not be a party to any exchange of e-mails or any telephone conversations or meetings between you and the Employer and you acknowledge that Natives' sole obligation is to provide the Website and its services in accordance with this Agreement. 3. USE OF THE SITE 3.1 You acknowledge: (a) that the Website is intended to facilitate introductions being made between you and the Employer; and (b) that following any introduction being made it shall be up to you and the Employer to agree how to progress matters further; (c) that you shall act in good faith and in a business like and courteous way; and (d) that you shall keep strictly confidential all confidential information disclosed to you by the Employer. 3.2 You shall not be required to pay Natives for your use of the Website. 3.3 You agree that Natives can contact you via your e-mail address for any reason. 3.4 To avoid any possible abuse of the Website and the services and facilities it offers Natives may require you to confirm at any time your identity, address and contact details and details of your current employment status and the identity of your current employer. Failure by you to provide any information requested by Natives within 14 days and without reasonable cause shall permit Natives to terminate this Agreement. 3.5 At Natives' request you shall supply Natives with such information that it reasonably requires to confirm that: (a) any information that has been supplied for posting on the Website is accurate; and (b) that you are not in breach of this Agreement. Failure by you to provide any information requested by Natives under this Term within 14 days and without reasonable cause shall permit Natives to terminate this Agreement. 4 DISCLOSURE AND COLLECTION OF INFORMATION 4.1 You confirm that: (a) when posting any information on
the Website you shall comply with any relevant Guidelines; 4.2 To enable Natives to improve and/or market the Website and the services it supplies you acknowledge that Natives may produce statistics based upon the use of the Website and Natives may contact you and the Employer by e-mail, telephone or post for feedback regarding the Website and the services provided. This process will not involve Natives divulging your personal details to a third party. 5. RESTRICTIONS 5.1 You acknowledge that the success of the Website as a means of introducing potential employers and potential employees depends upon the restrictions set out in Term 5.2 being strictly observed. 5.2 You shall not: (a) make any material misrepresentations or inaccuracies in respect of any information posted by you on the Website; (b) obtain or seek to obtain the details of any Employer when you have no intention or conceivable prospect of obtaining a position with that Employer; or (c) use the Website for the purpose of building up a database of potential employers that you or any other person intends to exploit for any commercial purpose. 5.3 Any breach of Term 5.2 shall entitle Natives to immediately terminate this Agreement and seek legal redress. 6. PROHIBITED USERS 6.1 You acknowledge that it is a strict requirement of entering this Agreement that you shall not be involved or in any way connected with any of the following activities: (a) the provision of recruitment services; or (b) any unlawful activity. 6.2 Any breach of Term 6.1 by you shall entitle Natives to terminate this Agreement. 7. OUR LIABILITY 7.1 The Website and the services and facilities Natives offers is provided without warranty of any kind, either express or implied. Natives excludes any warranty, term or condition not expressly set out in these Terms including without limitation any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the Website. 7.2 You acknowledge that Natives shall have no liability to you under this Agreement due to the uncertainty of any particular job vacancy being filled by means of an introduction effected via the Website and because you are not required to pay Natives any sums to use the Website. 7.3 You acknowledge that Natives shall not be liable for any material inaccuracies or misrepresentations in any Job Details where this information was received by Natives in good faith. 7.4 You agree to indemnify Natives against all proceedings, costs, fees expenses, payments, liabilities, injury, death, loss and damage arising out of any claims brought against Natives (in negligence or otherwise) that are attributable to you failing to comply with any of the provisions of this Agreement. 7.5 You acknowledge that the indemnity given by you in the preceding Term is reasonable having regard to the fact that it is unrealistic to expect Natives to independently verify all the information posted by you or by the Employer on the Website. 7.6 Natives shall not be liable for any failure to perform any obligation caused by any event beyond its reasonable control. 7.7 You acknowledge that changes may over time be made by Natives to develop the Website and that this may result in limited periods when the Website may be out of action for this reason. 8. TERMINATION 8.1 Notwithstanding anything to the contrary Natives may terminate this Agreement at any time on 7 days written notice. 8.2 This Agreement may be terminated by Natives on immediate notice (a) in any of the circumstances provided for in 3.5, 5.2 and 6.2; (b) if you should make any material misrepresentation in order to become a registered user of the Website; (c) if you should use the Website for any improper use or with the intention to damage the reputation of either the Website or the services or facilities provided by the Natives. 8.3 This Agreement may be terminated by you provided you give Natives 14 days written notice. 9. MISCELLANEOUS 9.1 Nothing in this Agreement shall: (a) oblige Natives to renew this Agreement; and/or (b) prevent Natives from winding up the Website at some future date. 9.2 You may not assign any of the rights or obligations under this Agreement. 9.3 Any notice or other communication under this Agreement shall be in writing and may be delivered: (a) by hand; or (b) by fax or registered post; or (c) by e-mail. And all communications shall be deemed to be received upon receipt. 9.4 This Agreement shall be governed and construed in accordance with English law.
Registered under the Data Protection Act 1998 (PZ6433967) |
