Terms and Conditions
Last updated: October 25o 2020
DirectlyApply Terms & Conditions
These terms and conditions are entered into by and between You and Counter Group Limited trading as DirectlyApply. The following terms and conditions, together with any documents they expressly incorporate by reference (collectively, “Terms and Conditions”), govern your access to and use of directlyapply.com, us.directlyapply.com, any other Website owned and controlled by DirectlyApply, and any functionality, and services offered on or through the aforementioned Websites (the "Website"), whether as a guest or a registered user. By using the Website you are deemed to accept these Terms and Conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
Please read the Terms and Conditions carefully before you start to use the Website. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, PLEASE DO NOT USE OR REGISTER OR USE THIS WEBSITE.
'DirectlyApply'; 'we'; 'us'; and 'our'; means Counter Group Limited of 86-90 Paul Street, London, EC2A 4NE.
'Job Seeker'; 'You' and 'Your' means any person registering with us or purchasing or using any of our services to assist with your job search.
'Employer'; 'You' and 'Your' means any person, company, organisation or firm which purchases or uses services from us to assist your hiring needs.
1. Changes to the Terms and Conditions
We may revise and update these Terms and Conditions from time to time in our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website thereafter.
Your continued use of the Website following the posting of revised Terms and Conditions means that you accept and agree to the changes. You are expected to check this page from time to time so you are aware of any changes, as they are binding on you.
2. Accessing the Website and Account Security
We reserve the right to withdraw or amend this Website, and any service or material we provide on the Website, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Website is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website, or the entire Website, to users, including registered users.
You are responsible for both:
Making all arrangements necessary for you to have access to the Website.
Ensuring that all persons who access the Website through your internet connection are aware of these Terms and Conditions and comply with them.
If you choose, or are provided with, a user name, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your account is personal to you and agree not to provide any other person with access to this Website or portions of it using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your user name or password or any other breach of security. You also agree to ensure that you exit from your account at the end of each session. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
We have the right to disable any user name, password, or other identifier, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms and Conditions.
3. General Terms
DirectlyApply will permit Job Seekers and Employers to access, use and interact with our Website subject to these Terms and Conditions. Any party using the Website for any purpose other than those specifically stated in these Terms and Conditions shall immediately be banned from using this Website.
We try to ensure continuous availability of the Website and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. All liability of DirectlyApply, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website is excluded, insofar as it is possible to do so in law. We may, additionally, alter the design and specification of the Website at any time.
Job Seekers and Employers need to be aware that DirectlyApply does not introduce or supply Job Seekers to Employers (or vice versa). It is recommended that, if you are a Job Seeker to ensure your suitability for the role advertised or, if you are an Employer, to ensure a work-seeker's suitability for the role you should undertake the steps set out in The Conduct of Employment Agencies and Employment Business Regulations 2003.
4. Prohibited Uses
You may use the Website only for lawful purposes and in accordance with these Terms and Conditions. You agree not to use the Website:
In any way that violates any applicable law or regulation (including, without limitation, any laws regarding the export of data or software).
To transmit or knowingly or recklessly receive (or knowingly or recklessly authorise or permit any other person to receive or transmit) material which is obscene, threatening, menacing, offensive, defamatory, abusive, untrue, in breach of confidence, in breach of any intellectual property rights (including copyright) or which may cause anxiety to others including racist or sexist content or material.
In any manner that could disable, overburden, damage, or impair the Website or interfere with any other party's use of the Website, including their ability to engage in real time activities through the Website.
Use any device, software, or routine that interferes with the proper working of the Website.
Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
By using a robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website.
Use any manual process to monitor or copy any of the material on the Website, or for any other purpose not expressly authorized in these Terms and Conditions, without our prior written consent.
Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website, the server on which the Website is stored, or any server, computer, or database connected to the Website.
Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
Otherwise attempt to interfere with the proper working of the Website.
To impersonate or attempt to impersonate DirectlyApply, a DirectlyApply employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
To engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Website, or which, as determined by us, may harm DirectlyApply or users of the Website, or expose them to liability.
5. User Contributions
The Website may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, "Interactive Services") that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, "post") content or materials (collectively, "User Contributions") on or through the Website.
All User Contributions must comply with the Content Standards set out in these Terms and Conditions.
Any User Contribution you post to the site will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.
You represent and warrant that (i) You own or control all rights in and to the User Contributions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns; and (ii) All of your User Contributions do and will comply with these Terms and Conditions.
You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not DirectlyApply, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.
We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website.
If you believe that any User Contributions violate your copyright, please send us a notice of copyright infringement by emailing us at [email protected] It is the policy of DirectlyApply to terminate the user accounts of repeat infringers.
6. Monitoring and Enforcement; Termination
We have the right to:
Remove or refuse to post any User Contributions for any or no reason in our sole discretion.
Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms and Conditions, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website or the public, or could create liability for DirectlyApply.
Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website.
Terminate or suspend your access to all or part of the Website for any or no reason, including without limitation, any violation of these Terms and Conditions.
Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS DIRECTLYAPPLY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
However, we cannot review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
7. Content Standards
These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable laws and regulations. Without limiting the foregoing, User Contributions must not:
Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person, or misrepresent your identity or affiliation with any person or organization.
Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.
8. Third Party Materials
Our Website may contain links to third party websites and/or content provided by third parties. These links and content are provided solely as a convenience to You and not as an endorsement by DirectlyApply of the contents on such third-party websites or the content. DirectlyApply is not responsible for any third-party content or websites and does not make any representations regarding the content or accuracy of materials. If You decide to access linked third-party websites, You do so at Your own risk FURTHERMORE you acknowledge that DirectlyApply is not responsible for third party content and that DirectlyApply cannot ensure that material presented on the Internet is legal. DirectlyApply will not limit access to material unless notified that it is illegal.
9. Intellectual Property Rights
The Website is provided for the sole purpose of individuals looking for employment opportunities and career information and for employers seeking to recruit staff (the “Purpose”). Use of the Website does not give you any proprietary rights in materials or content provided on the Website.
The Website and its entire contents, features, and functionality (including but not limited to all information, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by DirectlyApply, its licensors, or other providers of such material and are protected by intellectual property or proprietary rights laws.
These Terms and Conditions permit you to use the Website for your personal, non-commercial use only. You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, except as follows:
Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
You may store files that are automatically cached by your Web browser for display enhancement purposes.
You may print or download a reasonable number of pages of the Website for your own personal, non-commercial use for the Purpose and not for further reproduction, publication, or distribution.
You must not:
Modify copies of any materials from this site.
Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.
Deep-link and/or frame the Website or any of the services provided on the Website for any purpose, unless specifically authorised by DirectlyApply to do so.
You must not access or use for any commercial purposes any part of the Website or any services or materials available through the Website.
If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website in breach of the Terms and Conditions, your right to use the Website will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website or any content on the Website is transferred to you, and all rights not expressly granted are reserved by DirectlyApply. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may violate copyright, trademark, and other laws.
The DirectlyApply name, logo, and all related names, logos, product and service names, designs, and slogans are trademarks of DirectlyApply or its affiliates or licensors. You must not use such marks without the prior written permission of DirectlyApply. All other names, logos, product and service names, designs, and slogans on this Website are the trademarks of their respective owners.
10. Disclaimer of Warranties and Limitations of Liability
Save to the extent possible by law DirectlyApply, does not warrant that our Website will operate without error or that the Website is free from infection by viruses or anything else which has contaminating or destructive properties and DirectlyApply shall have no liability in respect thereof. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our Website for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
YOUR USE OF THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE IS AT YOUR OWN RISK. THE WEBSITE, ITS CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER DIRECTLYAPPLY NOR ANY PERSON ASSOCIATED WITH DIRECTLYAPPLY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE. WITHOUT LIMITING THE FOREGOING, NEITHER DIRECTLYAPPLY NOR ANYONE ASSOCIATED WITH DIRECTLYAPPLY REPRESENTS OR WARRANTS THAT THE WEBSITE, ITS CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
TO THE FULLEST EXTENT PROVIDED BY LAW, DIRECTLYAPPLY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.
TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL DIRECTLYAPPLY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES OR LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
The information presented on or through the Website is made available solely for general information purposes. Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website and/or in any directory or other listings or information retrieval service made available on or by the Website has been so made available for guidance only. The information contained in this Website may contain technical inaccuracies or typographical errors. Your use of such information and/or data and any reliance you place on such information is therefore entirely at your own risk. All liability and responsibility of DirectlyApply, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website or from any reliance placed on the Website is expressly excluded to the fullest extent permitted by law.
Notwithstanding the foregoing, none of the exclusions and limitations in these terms are intended to limit any rights you may have as a consumer under local law or other statutory rights which may not be excluded nor in any way to exclude or limit DirectlyApply’s liability to you for death or personal injury resulting from our negligence or that of our employees or agents.
You agree to defend, indemnify, and hold harmless DirectlyApply, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from:
Any User Contributions or other material You provide to any DirectlyApply Website,
Your use of any DirectlyApply Website other than as expressly authorized in these Terms and Conditions, and
Your breach of these Terms and Conditions.
DirectlyApply shall provide notice to You promptly of any such claim, suit, or proceeding.
These Terms will remain in full force and effect while You are a User of any DirectlyApply Website. DirectlyApply reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Contributions from the DirectlyApply Website and immediate termination of Your registration with, or ability to access the, DirectlyApply and/or any other services provided to You by DirectlyApply, upon any breach by You of these Terms and Conditions or if DirectlyApply is unable to verify or authenticate any information You submit to a DirectlyApply Website registration. Even after You are no longer a User of the DirectlyApply Websites, certain provisions of these Terms will remain in effect. DirectlyApply may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.
These Terms and Conditions shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without DirectlyApply’s prior written consent. DirectlyApply reserves the right to assign or transfer all or any of its rights and obligations under these Terms and Conditions to any companies in the same group as DirectlyApply or any other third party. In the event of assignment or transfer, notification will either be given to you by e-mail or posted on the Website.
Failure or neglect by either party to exercise or enforce any right conferred shall not be deemed to be a waiver of any such right nor operate so as to bar that exercise or enforcement thereof or of any other right on any later occasion.
If any provision of these Terms and Conditions or part thereof is determined to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms, conditions and provisions which shall continue to be valid and enforceable to the fullest extent permitted by law.
These Terms and Conditions constitute the entire agreement between the parties in respect of its subject matter NOTWITHSTANDING that DirectlyApply reserves the right to vary these Terms and Conditions from time to time (including the services offered by DirectlyApply). Such changes shall either be notified to you by e-mail or posted on the Website.
Any notices from us to you, or you to us, shall be sent by email or first class post to, in your case, the last address that you provided us, and in our case, our registered office, and shall be deemed to have been received two business days after the date of dispatch. Please note that all calls may be recorded for staff training purposes.
These Terms and Conditions shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.
13. Additional Terms for Candidates (Job Seekers)
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any CV or material contained therein placed by You on the DirectlyApply Website. You should be aware (subject to the contact details you provide) that you may be contacted directly by Employers by email, post or telephone.
The Job Seeker is liable if they are contacted by the Employer without intervention from DirectlyApply.
DirectlyApply does not discriminate against anyone registered to or using the DirectlyApply Website. We try to ensure that all possible measures are taken to prevent any vacancies advertised or searches do not discriminate against age, disabilities, gender or race. The search tools in place on the Website do not have the functionality to exclude any job seekers (“Candidates”) with disabilities. It is down to the users themselves to ensure they comply with discrimination laws.
Services and information provided on the Website by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the Website in circumstances which may result in loss or damage.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your account or Your account is terminated, all Your account information from DirectlyApply, including CVs, Profiles, cover letters, saved jobs, questionnaires will be marked as deleted and will be deleted from DirectlyApply's databases within a reasonable time period. Third parties may retain saved copies of Your Information.
DirectlyApply reserves the right to delete Your account and all of Your Information after a significant duration of inactivity or in the event that any of our terms have been breached by you.
By registering your CV with DirectlyApply you agree that we may also store and show your CV and profile details, to Employers, on any other job Website owned directly by DirectlyApply.
14. Additional Terms for Recruiters (Hiring Companies)
On receipt by us of your submitted information via our on-line form, email, telephone agreement or signed service agreement, you will be deemed to have accepted all of these terms and conditions, and will be granted access (subject to receiving payment) to our database in accordance with these Terms and Conditions. You also agree that all of the information you supply to us is correct, truthful and complete. You agree to inform us by email, telephone or post of any changes to any of the information supplied by you to us. We reserve the right to terminate this agreement in the event that any of the information provided by you to us, is no longer current or accurate or in the event you are in breach of these Terms and Conditions.
We will take reasonable steps to provide a reliable service to you. However, we cannot guarantee the accuracy or authenticity of any of the CVs stored in our database. You acknowledge and accept that this is beyond our control, and refunds cannot be given in the event of untruthful information being submitted by Candidates.
You acknowledge and accept that all rights to information provided by third parties are reserved by those third parties, and that such information may not be used in any way that infringes any proprietary interests of those third parties. You agree not to disclose any information provided by the Candidates to any third parties, or those not directly related to the recruitment process of the individual(s) in question.
You acknowledge and accept that you will at all times comply with the provisions of all current and applicable data protection legislation. And you will not, by any act or omission cause DirectlyApply to be in breach of current data protection legislation.
You acknowledge and accept that you are acting as a data controller for the purpose of all current and applicable data protection legislation in connection with any personal data obtained in the provision of services by DirectlyApply. It is your responsibility to comply with your obligations as a data controller and to satisfy yourself of the legal grounds for processing any personal data.
DirectlyApply acknowledges that it will act as a data controller for the purposes of current and applicable data protection legislation and that it will comply with its legal obligations in the provision of services.
Any personal details which you provide to us from which we can identify you are held in accordance with our Data Protection Registration. You are obliged to have a lawful basis for the transfer of any personal data you provide to us. You agree that you do not object to us using this information to contact you for the purpose of improving our service to you, requesting payment(s), discussing account status, and you confirm that you do not consider any of the above as a breach of any of your rights under the Telecommunications (Data Protection and Privacy) Regulations 1999.
Reselling of DirectlyApply services from 'recruitment agencies/flat fee companies' to other companies or agencies for the purpose of recruitment is not allowed. In the event that this occurs your account will be cancelled without refund.
Downloading or leeching our CV database, wholly or in part, for any reason other than recruiting for a current vacancy is strictly forbidden and will result in immediate cancellation of your account, without refund. Downloading using any software other than a browser is also strictly forbidden and will result in immediate cancellation of your account, without refund. Legal action may be taken against you. DirectlyApply's database usage functions on a search and selection process; CVs must be previewed to ensure relevancy against a specific job vacancy prior to download. Bulk downloading CVs is not permitted.
Contacting Candidates via email or other means, for any reason other than recruitment, is strictly forbidden.
With regards to fixed users, you agree that only these users will have access to the account. If any unauthorised users attempt to access the account, or if the account is accessed from other locations, we reserve the right to cancel your account immediately, without refund.
You shall use the DirectlyApply CV Database as provided in these Terms and Conditions and in any contract You have with DirectlyApply. You shall use the DirectlyApply CV Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from DirectlyApply CV Database to any third party unless using the CV explicitly for employment purposes.
You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring DirectlyApply into disrepute. You will indemnify us from and against any claim brought by an individual against DirectlyApply arising from your breach of this obligation or any other of these Terms and Conditions.
We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that Candidates are suitable for the job advertised and have the required qualifications and personal characteristics.
We have rules regarding the content and format of jobs posted on DirectlyApply. Their purpose is to ensure that users who search the Website or the DirectlyApply database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from DirectlyApply any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.
The job posted must exist in the town advertised, unless it is a franchise opportunity (which must be stated in the description).
The job title should be specific and be the best description for the role. It must not include locations or salaries and should not be a generic in title (e.g. Exciting Opportunity or Great Earning Potential).
Emails and URLs within job descriptions are not allowed. We will automatically remove these.
The description of the role should mention the required skills as well as details describing the role. Contact names should not be mentioned in the job description.
If the job role offers training and there is a charge for this then the vacancy must state this and this vacancy will then be branded with our 'learn to earn' banner. Training courses must be advertised separately within our training section.
Advertisements which discriminate (or appear to discriminate) on grounds of sex, race, age or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by DirectlyApply on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Notwithstanding this confirmation, if we nonetheless believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from DirectlyApply without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.
The vacancy should accurately describe the role and not mislead the Job Seeker; sufficient detail should be included in order for the Job Seeker to understand the nature of the role and the basic requirements of the role. If a role requires a Job Seeker to work in multiple locations then the vacancy must state this; if the role is selling a product/service 'door-to-door' then the vacancy must state this; similarly, if the role is a commission only role then this must be stated on the vacancy.
Job credits must be used within the Fixed Term; time will not be extended for job credits that have not been posted or posted part of the way through the Fixed Term (for example, if you sign up for one job credit over a one month fixed term and this is posted on the 21st day the job will expire on the last day of the one month fixed term).
DirectlyApply acts as an agent, and is not responsible for the content of job adverts from different Employers. If you have an issue with a job advert that is not your own, you should deal with this directly and not through DirectlyApply.
You agree to pay the entire balance (in pounds sterling) of your account prior to the commencement of the service (unless an alternative payment structure is agreed in writing). You agree that payments will be made by credit/debit card or bank transfer. You acknowledge and agree that in the event of failure by you, or the person with whom responsibility lies for payment of such transactions, that we may terminate your account and cancel this agreement immediately. We may also pursue payment in a court of law.
You agree to the payment structure agreed with your account manager, and agree to be charged in accordance with it. All prices are in pounds sterling.
You agree that we may alter the above rates within 14 days of notifying you of such changes, although any changes will not come into effect until the end of your Fixed Term. If you do not wish to continue this agreement with the altered rates, you may terminate the agreement at the end of your Fixed Term.
We may agree monthly payments in advance by way of Direct Debit. Direct Debits will be taken in advance of services used and will be set, and money debited, by Debit Finance. You will be notified in writing of the amount debited and the Fixed Term. If one payment is missed then the monthly instalment must be settled immediately by BACS or credit card, your account and all services will be suspended until payment is received. If two payments are missed the account will automatically be cancelled and no future Direct Debits will be granted and the outstanding amount for the remainder of the fixed term will become due immediately, DirectlyApply reserve the right to pursue payment in a court of law.
All prices exclude VAT. All invoices are payable in accordance with your Service Agreement or these Terms and Conditions. Late payment will entitle us to suspend provision of Services. Interest will be payable on late payments at the rate of 3% above National Westminster Bank plc's base rate from time to time.
Refunds cannot be provided if the Job Seeker is not of the desired age, sex, race, or nationality, as these criteria contradict our equal opportunities policy, and common decency.
These Terms and Conditions will continue unless terminated by you or us, by notice in accordance with this section.
We reserve the right to terminate this agreement immediately and payment will become due immediately of all outstanding amounts. DirectlyApply will have no further obligation to you, upon the occurrence of any of the following events:
You fail to pay any amount due to us;
You are a limited company and call a meeting of creditors or are otherwise the subject of proceedings under the Insolvency Act of 1986, or are unable to pay your debts as they fall due within the meaning of section 123 of the Insolvency Act of 1986, you cease to trade or go into liquidation;
You are an individual and are declared bankrupt or enter into any arrangement or compromise with your creditors, or you cease to trade;
The Employer is in material breach of these terms and conditions and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied.
The Employer may terminate the provision of Services in writing to us:
To expire at the end of the Fixed Term.
In the event that we are in material breach of these Terms and Conditions and have not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or:
We become insolvent, cease to trade or go into liquidation
Termination by the Customer before the end of the Fixed Term may, at our discretion, result in loss of discounts agreed for the entire Fixed Term.