Terms and conditions

Terms and conditions

Company No.  ("Zems Academy Ltd").

1 The Services

1.1 By means of the Website, Zems Academy makes available an on-line recruitment and employment information service, where recruiters place advertisements for positions which they have and if interested you may submit responses to such positions (the "Services").

1.2 Please note that when responding to recruiters you will be dealing with them directly and as such any contracts and/or arrangements will be formed between you and them, without Zems Academy’s as a party and Zems Academy’s cannot be held liable for your use of or any liability arising out of the same (save to the extent required by law).

1.3 The Services are only available on the completion of the registration section of the Website including confirmation that the relevant terms and conditions have been read and accepted.

2 Use of the Website and the Services

2.1 The Website and the Services are for personal and non-commercial use only. You may copy electronically and print portions of the Website and/or the Services for your personal, non-commercial use only. In particular, you may not use any information from any directory or other listing or information retrieval service (if any) made available on the Website and/or the Services, in connection with any business or commercial undertaking (whether or not for profit). Any other use of materials on the Website and/or the Services (including without limitation reproduction for a purpose other than that noted above and any modification, distribution or republication) without the prior written permission of Zems Academy’s is strictly prohibited. You also agree not to deep-link and/or frame the Website or any of the Services for any purpose, unless specifically authorised by Zems Academy’s to do so.

2.2 You agree that you shall not use the Website or the Services 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 right (including copyright) or which may cause anxiety to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code, or which makes excessive demands for bandwidth or contains any virus or which may otherwise impair or harm Zems Academy’s computer systems or any third party computer system.

2.3 By registering to use the Services pursuant to clause 1.3, you automatically and hereby grant to Zems Academy’s a royalty free right to display, copy, reproduce and make available on the Website and otherwise deal with as necessary to provide to you the Services any material and information which you may provide to Zems Academy’s through your use of the Services.

2.4 Save to the extent required by law, no representations, warranties or terms of any kind are made in respect of the Website and/or the Services or their contents (including, without limitation, any views or comment made). All information and/or data included in and/or on the Website, the Services and/or in any directory or other listings or information retrieval service made available on or by the Website and/or the Services has been so made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. All liability of Zems Academy’s, its directors, employees or other representatives howsoever arising for any loss suffered as a result of your use of the Website and/or the Services is expressly excluded to the fullest extent permitted by law.

2.5 Zems Academy’s make no warranty that the contents of any and all e-mails communicated through the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.

2.6 The Website and/or the Services may include links to websites and/or services owned and/or operated by third parties. These are provided for your convenience only and Zems Academy’s is not responsible for and does not give any warranties or make any representations regarding any such websites and/or services and is not responsible for or liable in relation to the content or your use of such websites (save to the extent required by law).

2.7 You acknowledge that Employserv’s is not responsible for third party content on the Website and that Employserv’s cannot ensure that material presented on the Internet is legal. Zems Academy’s will not limit access to material unless notified that it is illegal. In particular, you acknowledge that Zems Academy’s is not responsible for and does not monitor the content of job postings provided by third parties on the Website. However, Zems Academy’s shall have the right to remove any postings, materials or other items on the Website which it believes may be illegal or which it determines to be inappropriate.

2.8Zems Academy’s will not be a party to any communications whatsoever between you and those responding to any use which you may make of the Services, although Zems Academy’s reserves the right to monitor any such communications which are made by you or third parties by means of the Website and/or the Services.

2.9
Intellectual Property

Save to the extent permitted by this Agreement, Zems Academy’s does not grant any licence or other authorisation to use any of its trade marks, product names, company names or logos or any of its copyright works or other intellectual property rights by placing them on or making them available by means of the Website or the Services.

3 Availability of the Website and the Service

3.1 Zems Academy’s does not promise full, uninterrupted or error free operation of the Website and/or the Services. All liability of Zems Academy’s, its directors or employees howsoever arising for any loss whatsoever arising from your use of or inability to use the Website and/or the Services is excluded, insofar as it is possible to do so in law.

4 Registration

4.1Where you are asked to complete a registration form the personal details that you provide must be true, accurate and complete. You agree to notify us of any changes which are relevant to your registration.

5 Data Protection and Use of Personal Information

5.1 Your personal data will be collected and processed by Zems Academy’s in accordance with its privacy policy. The personal data collected may include, without limitation, your name, address, telephone and fax details, email contact address, and other data obtained from you from time to time. Information may be gathered from your registration form(s) and your use of the Sites and/or the Interactive Services including through "cookies". Cookies are blocks of text placed in files on your computer's hard drive when you visit a web site which contain information to identify you. A cookie does not contain any personal information you have provided us with, except your user name, unless the cookie attached to personal information collected another way, such as by means of your on-line registration form. The information gathered may be used by Zems Academy Ltd and companies in the same group as Zems Academy Ltd (ie companies which share the same ultimate parent company) internally, for purposes relating to your use of the Sites and the Interactive Services and for marketing activities, and may be passed to carefully selected third parties to use for marketing activities. By marketing activities, we mean the communication directly to particular individuals (by e-mail, post or telephone) of any advertising or marketing material. If you do not wish to receive marketing material from Zems Academy Ltd, from companies in the same group as Zems Academy Ltd or from carefully selected third parties you should tick the appropriate box on the registration form(s) or notify us by e-mail. If you subsequently decide you no longer wish to receive direct marketing/information from Zems Academy  Ltd or companies in the same group as Zems Academy Ltd or no longer wish us to pass your information to third parties you should again notify us by e-mail. Other than as set out elsewhere in this clause 5 your information shall not be disclosed or used by us. You hereby agree to these terms in this clause 5 by your agreement to the terms and conditions of this Agreement.

6 Termination

6.1Employserv’s may terminate, suspend or deny you access to the Website and/or Services immediately for any reason without incurring any liability whatsoever to you.

7 Claims

7.1 You agree to indemnify Zems Academy’s and all companies within the Zems Academy’s group for all losses, costs, actions, claims, damages, expenses (including reasonable legal costs and expenses) or liabilities, whatsoever suffered or incurred by Zems Academy’s or as a consequence of your breach of this Agreement and/or your use of the Website and/or Services (save to the extent that a court of competent jurisdiction holds that such a claim arose due to an act or omission of Zems Academy’s).

8 Force Majeure

8.1 Neither party shall be liable to the other, for any loss or damage which may be suffered by the other party due to any cause beyond the first party's reasonable control including without limitation any power failure.

9 Notices

3.1 Any notices shall, unless otherwise expressly stated, be in writing and shall be given by sending the same by e-mail, first class post, or facsimile transmission to the other party's address as may be designated in writing from time to time. Any notice sent by first class post shall be deemed (in the absence of evidence of early receipt) to have been delivered two days after dispatch. Any notice given by e-mail or facsimile transmission shall be deemed to have been delivered on the next working day following transmission.

10 Assignment

10.1 This Agreement shall be personal to you and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without Zems Academy's prior written consent.

10.2 Zems Academy reserves the right to assign or transfer all or any of its rights and obligations under this Agreement to any companies in the same group as Zems Academy Ltd 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.

11 No Waiver

11.1 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.

12 Severability

12.1 If any provision of this Agreement 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.

13 Variation of Terms

13.1 This Agreement (together with any variations to it pursuant to clause 13.2) constitutes the entire agreement between the parties in respect of its subject matter.

13.2 Zems Academy reserves the right to vary this Agreement from time to time. Such changes shall either be notified to you by e-mail or posted on the home pages of the Website. Changes in this manner shall be deemed to have been accepted if you continue to use the Website and/or the Services after a period of two weeks from the date of transmission of the e-mail or of posting on the home pages of the Website, whichever occurs later..

14 Law and Jurisdiction

14.1 This Agreement shall be governed by the laws of England and Wales and you hereby submit to the exclusive jurisdiction of the English courts.

15 Behaviour Condition

15.1 This page (taken with the documents and pages it refers to) explains Zems Academy's expectations from those using the Zems Academy website to look for Courses, Training,job and vacancies. -This page was last updated on 01 January 2015.

15.2 Using the Zems Academy website

  1. We maintain the Zems Academy website for your personal use.
  2. We aim to update our site regularly, and may change the content at any time.
  3. You should only use this site for lawful purposes, and in a manner that does not infringe the rights of, or restrict or inhibit the use and enjoyment of, this site by any third party.
  4. You should not post or include any harmful or illegal material when using this site.If you misuse this site we may: - remove your Zems Academy account from this site - take other action to prevent misuse.
  5. You should also not copy or re-sell any part of our site. extent required by law).
15.3 Online government services or transactions. When using the Zems Academywebsite, you may access an online government service or transaction that is delivered by another government department or agency. Each of these services will have its own terms and conditions or end user licences that apply only to that service. Users of any service should make sure they have read the relevant terms and conditions before completing that transaction.
15.4 Using the Zems Academy website Links from the Zems Academy website to other sites.

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.

15.5 Using the EmployServ website Disclaimer

While we make every effort to keep the Zems Academy website up to date, we don’t provide any guarantees, conditions or warranties as to the accuracy of the information on the site.

We don’t accept liability for loss or damage incurred by users of the website, whether direct, indirect or consequential, whether caused by tort, breach of contract or otherwise. This includes loss of:

  • income or revenue
  • business
  • profits or contracts
  • anticipated savings
  • data
  • goodwill
  • tangible property

or wasted management or office time in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it. This condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.

This does not affect our liability for death or personal injury arising from our negligence, nor our liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.

15.6
Governing law

Any disputes relating to or arising from the Zems Academy website shall be governed by and construed in accordance with the laws of England and Wales and shall be subject to the exclusive jurisdiction of the courts of England and Wales.

Information about you and your visits to the Zems Academy website

You are responsible for the accuracy of your CV or any other information that you place on this site.

You should not be asked to reveal personal details such as bank account details, National Insurance number, date of birth, driving licence or utility bill information as these items are not relevant to an application process.

We process information about you in accordance with our Privacy Policy.

15.7
Virus protection

We make every effort to check and test material at all stages of production, however you must take your own precautions to ensure that the process which you employ for accessing this website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage your own computer system.

We can’t accept any responsibility for any loss, disruption or damage to your data or your computer system which may occur whilst using material derived from this website.

15.8
Viruses, hacking and other offences

Our site must not be misused by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. Attempts should not be made to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. Our site must not be attacked via a denial-of-service attack or a distributed denial-of-service attack.

By acting contrary to the above, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them.

15.9
Revisions to this Guidance

We may at any time revise this guidance without notice. Please check this guidance regularly.

* I have read the EmployServ Standards of Behaviour

Cookies Policy

1/1 Cookies are used to help improve this website and some of them are currently on your computer. By continuing to use this website, you automatically accept these cookies. Learn how to manage cookies at www.aboutcookies.org. If you continue to use this website further cookies will be placed on your computer. If you are a EmployServ client and do not want to accept cookies you may be able to inform us by email or by phone.