Terms and Conditions of Use
Please read these Terms and Conditions carefully before using this Site.
This web site (this "Site") is owned and operated by In2itive Business Group Ltd and its use is conditional on your acceptance of the following Terms and Conditions. By accessing, using, and/or downloading messages, information, data, text, software, or images, or other materials from this Site (the "Materials"), and by uploading or sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or upload or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with In2itive Business Group Ltd.
1. Changes to Terms and Conditions:
In2itive Business Group Ltd has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.
2. Changes to this Site:
In2itive Business Group Ltd may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. In2itive Business Group Ltd reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
3. Permitted and Prohibited Uses:
The Site may be used only for lawful purposes by individuals seeking employment and career information ("Job Seekers"), and by employers ("Employers") and recruitment companies ("Recruiters") seeking employees. You agree to use the Site only to send Content and receive Materials that are proper and related to purpose of the Site.
Subject to these Terms and Conditions, In2itive Business Group Ltd grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (iii) except by the means permitted transfer or attempt to transfer the Materials to any other person without the written consent of In2itive Business Group Ltd; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would adversely affect the functioning of the Site, including without limitation computer viruses or other harmful, disruptive or destructive files or computer programs or that impose an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorisation from In2itive Business Group Ltd; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorised access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
You may post or upload certain Content to the Site. You may only post or upload Content for the lawful, stated purposes of this Site. You agree, that in posting Content, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate biographical information or information which is not your own accurate CV; (ii) post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents; (iii) delete or revise any material posted by any other person or entity; (iv) post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene or tortious, or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation an In2itive Business Group Ltd employee or agent, an authorised user of In2itive Business Group Ltd Services, a Job Seeker, an Employer or a Recruiter, or otherwise misrepresenting your affiliation with any person or entity; (vi) post opinions, notices or advertisements, commercial or otherwise or solicit business from Recruiters or Employers who post on the Site, including any solicitation by any of our competitors of Recruiters or Employers who post on the Site.
In2itive Business Group Ltd reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that at the discretion In2itive Business Group Ltd is objectionable or in violation of these Terms and Conditions.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. In2itive Business Group Ltd will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
4. Registration and Password:
You are responsible for maintaining the confidentiality of your registration information and password. You agree to immediately notify In2itive Business Group Ltd of any unauthorised use of your registration or password.
5. Proprietary Rights:
Limited License and Copyright. This Site, including all Materials, is protected by United Kingdom and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorised copying of the Materials. Except as expressly provided herein, In2itive Business Group Ltd does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of In2itive Business Group Ltd.
Reservation of Rights. In2itive Business Group Ltd Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. In2itive Business Group Ltd reserves all such rights.
Trademarks. The Services names, company names and logos used on this Site may be trademarks, including registered trademarks of In2itive Business Group Ltd. Such Services names, company names and logos of In2itive Business Group Ltd may not be copied, imitated or used, in whole or in part, without the prior written consent of In2itive Business Group Ltd. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Software. Any software, including calculator software, as well any files, images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of In2itive Business Group Ltd or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, de-compile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
6. Links and Third Party Content:
Certain links on this Site may take you to other web sites. In2itive Business Group Ltd provides these links only as a convenience. These linked sites may not be under the control of In2itive Business Group Ltd. If you use these sites, you may leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
In2itive Business Group Ltd is not responsible for the contents of any such linked page or any other page not under its control. In2itive Business Group Ltd makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that In2itive Business Group Ltd sponsors, endorses, is affiliated or associated with, or is legally authorised to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorised to use any trademark, trade name, logo or copyright symbol associated with In2itive Business Group Ltd
7. Agreement to Privacy Policy:
You agree to abide by In2itive Business Group Ltd Privacy Policy and respect the confidentiality of the video CVs held on the Site and is incorporated by reference into these Terms and Conditions.
8. Disclaimers:
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. In2itive Business Group Ltd makes no representation or warranty regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants.
Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site by job-seekers, recruiters and employers is provided on an "As Is" basis, and In2itive Business Group Ltd does not review it. In2itive Business Group Ltd does not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site.
This Site acts as a portal to enable employment agents and Recruiters to connect Employers with Job Seekers and facilitates this by posting job opportunities from Employers looking for workers and the recording and hosting of Job Seekers video CVs.
In2itive Business Group Ltd does not screen or censor the listings offered and as a result has no control over the quality, safety or legality of the jobs or CVs posted, the truth or accuracy of the listings, the ability of Recruiters or Employers to offer job opportunities to Job Seekers or the ability of Job Seekers to fill job openings. The user assumes all risks associated with dealing with other users contacted through the Site.
In2itive Business Group Ltd cannot and does not confirm that each user is who they purport to be and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site. In the event that you have a dispute with one or more users, you release In2itive Business Group Ltd (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
In2itive Business Group Ltd is under no legal obligation to, and generally does not, control the Content provided by other users, which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases may be mislabelled or deceptively labelled. Whilst In2itive Business Group Ltd may attempt to reduce harmful or inaccurate information it does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk.
This Site contains materials, data, information provided, posted or offered by third parties, including third party provided content in relation to the job and employment placement process. You agree that In2itive Business Group Ltd shall have no liability whatsoever for any such third party material, data or information.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV, job posting or other information placed by you, as applicable on the Site.
In2itive Business Group Ltd shall not be responsible for any employment decisions, for whatever reason made, by any entity posting jobs on the Site.
9. Limitation of Liability:
YOU AGREE THAT IN2ITIVE BUSINESS GROUP LTD AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, AND CONTENT PROVIDED, EVEN IF IN2ITIVE BUSINESS GROUP LTD OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, negligence or tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
10. Indemnity:
You agree to defend, indemnify and hold harmless each of In2itive Business Group Ltd, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms and Conditions.
11. Applicable Law:
This Site is controlled, operated and administered by In2itive Business Group Ltd and makes no representation or warranty that materials at this Site are appropriate or available for use at any locations internationally. If you access this Site you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the United Kingdom. In all matters, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in the United Kingdom.
12. Arbitration:
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in London in English and governed by United Kingdom law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
13. General:
(i) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between In2itive Business Group Ltd and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) month after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default.
14. Additional Terms of Use:
Certain areas of this Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
15. Fee Payments and Details:
Information provided by you in connection with any transaction regarding your credit or debit card numbers, expiry date and billing or delivery address will be used by us to process the transaction. Credit card transactions are provided by one or more trusted service providers and details are stored on their secure servers. Details may be used by us to facilitate and personalise future transactions with you.
All non-credit card based service fee payments must be made directly to the nominated bank account of In2itive Business Group Ltd. All payments made to In2itive Business Group Ltd are non-refundable. In certain circumstances and in all cases subject to the express written permission of In2itive Business Group Ltd, fees for video CV recording and hosting may be collected by a duly appointed and authorised In2itive Business Group Ltd affiliate.
16. Privacy Policy
In2itive Business Group Ltd may ask you to provide certain information when you use an In2itive Business Group Ltd website. You will know when In2itive Business Group Ltd is collecting information intended to be kept for future use because the web page will contain a link to this privacy policy. The information collected may include:
name and job title
postal/e-mail address
gender
occupation
interests
other information relevant to customer surveys and/or offers
In2itive Business Group Ltd may use cookies. A cookie is a small amount of data which is stored on your computer and which is revealed to In2itive Business Group Ltd when you use this Website. In2itive Business Group Ltd uses cookies only to make it easier to identify you when using the Website. In2itive Business Group Ltd does not use cookies to collect additional information about you. You can configure your web browser not to accept cookies, although this may hinder the functionality of the Website.
In2itive Business Group Ltd may:
send information to you which it thinks may be of interest to you;
provide information relating to you or others if you indicate that you want to receive marketing material or similar communications;
provide other companies, such as advertisers, with statistical information about its customers, but In2itive Business Group Ltd will not provide them with information which can be used to identify any individual customer;
pass your details to accountants, consultants and other professionals, for the purpose of obtaining professional advice and complying with In2itive Business Group Ltd' contractual obligations;
use the information to customise the Website according to your interests.
The Website may contain links that make it easy for users to visit other websites. If the user uses the links to leave the Website and visit a website operated by a third party, In2itive Business Group Ltd does not have any control over that website. Accordingly, In2itive Business Group Ltd cannot be responsible for the protection and privacy of any information which users have provided while visiting such websites. Users should exercise caution and look at the privacy statement applicable to the website in question.
You can choose to restrict the collection or use of your personal information:
Whenever you are asked to fill in a form, look for the box which you can click to say that you do not want the information to be used by anybody for direct marketing purposes.
If you have previously not objected to In2itive Business Group Ltd using your personal information for direct marketing purposes, you can change your mind at any time by writing to:
Data Protection Compliance Officer, In2itive Business Group Ltd, 15 The Metro Centre, Peterborough PE2 7UH England
By using the Website and not advising In2itive Business Group Ltd to the contrary, you agree to In2itive Business Group Ltd using the data in the way set out in these terms and conditions.
Data Protection Act:
This is a managed service and as such, data regarding your usage and performance is held in a secure database. Other personal information provided by you will be held in confidence by In2itive Business Group Ltd but may be passed to other companies of the FSDC plc group and used to advise you about any other products or services that may be of interest. These uses of your personal information are covered by the registration of In2itive under the Data Protection Act 1998. Under the act, you have the right to obtain a copy of the information held about you, for which you may be charged a fee.
If you believe that any information In2itive Business Group Ltd holds about you is incorrect or incomplete, you should write to the Data Protection Compliance Officer at In2itive Business Group Ltd at the above address. Any information which is found to be incorrect will be corrected as soon as possible.
In2itive Business Group Ltd strives to protect the security of information which you provide to In2itive Business Group Ltd, and will use up-to-date measures to provide such security.