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CANDIDATE TERMS AND CONDITIONS

This document sets out the terms and conditions of PeopleBank The Employment Network, part of H R Information Limited (referred to as "PeopleBank", "we", "our" or "us"). You are advised to read this page carefully and, if you do not accept the terms and conditions set out below, you must not proceed to use the PeopleBank service. By accessing or otherwise using our website or any feature of our service, you are deemed to have accepted and agreed to be bound by these terms and conditions. We reserve the right to amend these terms and conditions at any time by updating this document and any such updates shall be binding on persons who access and use our service after the date such amendments are made. You are therefore advised to regularly review the terms and conditions or contact us for confirmation of when the last review was carried out.

GENERAL

PeopleBank is registered with the Data Protection Registrar under Registration No. Z5400781 and is fully compliant with the Data Protection Act 1998, effective 24 October 1998. We are registered for the purpose of the 'collection and dissemination of the details of persons seeking employment through various employment agencies and employers' job descriptions with the aim of matching one to the other'. A full list of PeopleBank data processing purposes, approved by the Data Protection Registrar, can be viewed at www.dpr.gov.uk. The following terms and conditions of trading are deemed acceptable by you and you hereby consent to the process of your information. We agree to comply with the provisions of the Data Protection Act 1998, to process personal sensitive data in accordance with that Act and to exercise all reasonable efforts in maintaining confidentiality in respect of information submitted to us, subject to the disclaimers below.

1. Obligations of the Candidate

You agree:

a) that all information provided through our service and/or website, including statements concerning former employment, qualifications and experience, are true, correct and complete. You also agree that no information given will in any way be misleading, deceptive or inaccurate (or in any way likely to mislead or deceive);
b) by submitting this information to PeopleBank, you are authorising potential employers and/or us to investigate any statement contained in any part of the information given and understand that any false statements, omissions of fact, or misrepresentations of the facts will be grounds for refusing to employ you or for subsequent termination of your employment. You also authorise and request each former employer and any person, firm, or corporation given as a referee to answer all questions that may be asked and to give all information that may be sought concerning you, your work, abilities, habits, personality, skills or actions;
c) to explicitly give consent to the processing of all personal sensitive data where this is provided to us;
d) to request the removal of information relating to you or to remove yourself from our system if you become unavailable for employment or for any other reason wish to be excluded from our system;
e) not to provide information or perform or cause to perform any act or action which will or is likely to cause the service or services operated and provided by us damage, failure or to fall into disrepute and, for the avoidance of doubt, this shall include you agreeing not to submit any information which may be deemed illegal, obscene, threatening, defamatory, invasion of privacy, infringing of intellectual property rights or otherwise injurious to third parties or objectionable and which does not consist of or contain software viruses, political campaigning, commercial solicitation, chain letters, mass mailings, or any form of "spam". Neither shall you use any false email address, impersonate any person or entity, or otherwise mislead any readers of the information.
2. Acknowledgements, Warranties and Representations

You acknowledge that:

a) You accept full responsibility for the accuracy or otherwise of the information supplied;
b) no proprietary right accrues to you in any software, information, material, or methods supplied by us;
c) your information will be provided by us to our clients in the course of the operation of our system;
d) you have not relied upon any warranty, representation or assurance which may have been given by us or any other source as to the success of the PeopleBank system;
e) we may alter or delete information relating to you at any time without prior notice and without any liability for losses or potential losses suffered by you;
f) you will not use our system to transmit, distribute or store material in breach of any applicable law or regulation, nor in a manner that would infringe the copyright trademark, trade secret or any other intellectual property right of others or breach the privacy, publicity or other personal rights of others, nor use language that may be defamatory, obscene, threatening, abusive or hateful;
g) you will indemnify and hold harmless PeopleBank, its officers, directors, employees, agents and affiliates, clients and any other users from and against any claims, actions, demands, including reasonable legal fees and expenses, alleging or resulting from any breach by you of these terms and conditions;
h) by using this site, you are responsible for maintaining the confidentiality of your account and password together with restricting access to your computer, further agreeing that you accept responsibility for all activities that occur under your account or password.
3. Privacy

The following governs the way in which we process any personal information that you provide to us. You can access our home page and browse our site without disclosing your personal data.

a) Who may process data Your personal information (which includes your name, address and any other details you provide to us which concern you as an individual) may be processed by both us and by other companies within our group. Your personal information is also provided to our clients and you agree to them collecting and processing the personal data you give. Each of the companies authorised to process your information as mentioned above will do so in accordance with these terms.
b) Purpose of Processing We will use your information for the purpose of ethnic monitoring and obtaining workplace statistics on, for example, gender, race, disability and age.
c) Disclosure of Information In the unlikely event that a liquidator, administrator or receiver is appointed over us or all or any part of our assets that insolvency practitioner may transfer your information to a third party purchaser of the business provided that purchaser undertakes to use your information for the same purposes as set out in these terms. Your information will not be disclosed to government or local authorities or other government institutions save as required by law or other binding regulations.
d) Security Measures We have implemented security policies, rules and technical measures to protect the personal data that we have under our control from unauthorised access, improper use and disclosure, unauthorised destruction or accidental loss.
e) Copyright All website design, text, graphics, the selection and arrangement thereof are Copyright © 2005, PeopleBank, ALL RIGHTS RESERVED.
f) Age Restriction This website is intended for use by those over the age of 16 years. No one under that age should carry out any activity whatsoever based on the information on this website. If you are under the age of 16 years you will be unable to register or apply.
g) Consent and Enquiries If you have any enquiry or concern about these terms or the way in which we are handling personal data please contact us by email and telephone. If at any time you wish us to cease processing your information please login to your career account and DELETE your record.
4. Governing Law, Jurisdiction and Representation

This agreement is governed by the laws of the United Kingdom and the parties irrevocably submit to the jurisdiction of its Courts.

5. Disclaimers

PeopleBank does not accept responsibility for:

a) the information provided on this website has not been written to meet your individual requirements and it is your sole responsibility to satisfy yourself prior to entering your details that it is suitable for your purposes;
b) controlling or endorsing the content posted by users to the site and, as such, does not guarantee the accuracy, integrity, or quality of such content. Under no circumstances will we or our clients be liable in any way for any user submitted content, including but not limited to any errors, omissions, offensive material, or wording that is illegal, obscene, threatening, defamatory or otherwise;
c) neither we nor any of our employees, clients or affiliated entities will be liable for any kind of damages and howsoever arising including, without limitation, loss of profits, compensatory, consequential, direct, exemplary, incidental, indirect, punitive or special, damages or any liability which you may have to a third party, even if we have been advised of the possibility of such loss;
d) any content, advertising, product or other materials on or available from sites or resources that may be linked to the PeopleBank website;
e) the operation of PeopleBank nor do we warrant that it will be accurate, reliable, uninterrupted, or error free nor that PeopleBank or its servants are free of computer viruses or other harmful mechanisms. If your use of PeopleBank or the material on PeopleBank results in the need for servicing or replacing of equipment or data, the company accepts no responsibility for any costs related thereto.

We confirm all warranties, express or implied, statutory or otherwise are hereby excluded;