Terms & Conditions
These terms and conditions apply between you, the User of this Careers Website (https://jobs.marketingsociety.com), and Zigzag App Limited, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
Please read this agreement carefully.
TERMS AND CONDITIONS OF USE
In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by Zigzag App Limited and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to Zigzag App Limited and accessing the Website in connection with the provision of such services.
You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
Intellectual property and acceptable use
- All Content included on the Website, unless uploaded by Users, is the property of Zigzag App Limited, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission
- You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer screen
- You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of Zigzag App Limited.
- You acknowledge that you are responsible for any Content you may submit via the Website, including the legality, reliability, appropriateness, originality and copyright of any such Content. You may not upload to, distribute or otherwise publish through the Website any Content that (i) is confidential, proprietary, false, fraudulent, libellous, defamatory, obscene, threatening, invasive of privacy or publicity rights, infringing on intellectual property rights, abusive, illegal or otherwise objectionable; (ii) may constitute or encourage a criminal offence, violate the rights of any party or otherwise give rise to liability or violate any law; or (iii) may contain software viruses, political campaigning, chain letters, mass mailings, or any form of “spam.” You may not use a false email address or other identifying information, impersonate any person or entity or otherwise mislead as to the origin of any content. You may not upload commercial content onto the Website.
- You represent and warrant that you own or otherwise control all the rights to the Content you post; that the Content is accurate; that use of the Content you supply does not violate any provision of these terms and conditions and will not cause injury to any person; and that you will indemnify Zigzag App Limited for all claims resulting from Content you supply.
- You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
- You must ensure that the details provided by you on registration or at any time are correct and complete.
- You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
- We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.
- You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.
Password and security
- When you register on this Website, you will be asked to create a password, which you should keep confidential and not disclose or share with anyone.
- If we have reason to believe that there is or is likely to be any misuse of the Website or breach of security, we may require you to change your password or suspend your account.
Links to other websites
- This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Zigzag App Limited or that of our affiliates.
- We assume no responsibility for the content of such Websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
- The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Availability of the Website and disclaimers
- Any online facilities, tools, services or information that Zigzag App Limited makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. Zigzag App Limited is under no obligation to update information on the Website.
- Whilst Zigzag App Limited uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.
- Zigzag App Limited accepts no liability for any disruption or non-availability of the Website.
- Zigzag App Limited reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.
Limitation of liability
- Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.
- We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.
- To the maximum extent permitted by law, Zigzag App Limited accepts no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software;
- any special, indirect or consequential loss or damage.
- You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.
- These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.
- The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.
- If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.
- Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
- This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.
TERMS AND CONDITIONS FOR CANDIDATES
- These terms and conditions govern your agreement with us for your use of the following services on the Careers Website
- the CV Service;
- the Job Application Service;
- the Jobmatch Service; and
- the Job Alert Service;
each as defined below. The CV Service, the Job Application Service, the Jobmatch Service and the Job Alert Service shall each be a Service and collectively known as the “Services”. These terms shall apply to all of the Services except for where they are expressly stated to apply to one Service only.
- The CV Service is the service provided by us which allows recruiters to view, search, purchase and access CVs of candidates held on the Zigzag’s Candidate database via the Careers Website. Candidates can add their CV to the searchable CV Database (“Zigzag Candidate Database”) when applying for a job or by signing up and creating a profile.
- The job application service (the “Job Application Service”) is the service provided by us which allows recruiters (or the advertising agency or media buyer for such recruiter) to place their advertisements on the Careers Website and candidates to apply for those jobs either by:
- making a job application directly through the Careers Website;
- being re-directed to a third party’s website to apply through that website;
- The Jobmatch service (the “Jobmatch Service”) is the service provided by us through which we will, on behalf of the recruiter, contact suitable candidates (who have agreed to such contact) with details of an advertisement placed by the recruiter on the Careers Website
- The Job Alert Service (the “Job Alert Service”) is the service provided by us which allows you to select your preferred job criteria and then receive emails containing details of jobs that fulfill your criteria.
- To the extent that the Employment Agencies Act 1973 and/or the Conduct of Employment Agencies and Employment Business Regulations 2003 apply to any of the Services, if at all, Zigzag acts in the capacity of an employment agency to help you find the type of work you are looking for. Zigzag does not effect introductions between recruiters and candidates (or vice versa), and nor does it supply candidates to recruiters. You will not be charged for using the Services.
- To the extent that you wish us to share your information and CV with recruiters (either through the CV Service or the Job Application Service) you consent to our sharing your CV, together with any additional information you provide to us, with the recruiters who use the Careers Website. This means that you give us:
- a non-exclusive, royalty-free, worldwide licence of any rights, including intellectual property rights, in your CV and any additional information you provide to us on the Careers Website, to share or otherwise use such CV and additional information as we reasonably require to fulfil the services we provide on the Careers Website; and
- the right to grant a perpetual, royalty-free, worldwide sub-licence of any rights, including intellectual property rights, in your CV and any additional information you provide to us on the Careers Website, to recruiters for their recruitment related activities.
Your right to cancel
- We will retain a copy of your CV and any additional information you provide to us in accordance with paragraphs 10 and 11 or until you delete it or close your account with us in accordance with paragraphs 13 and 14 below. If you are a registered user you can also change your privacy settings to set whether your CV is shared with all recruiters, no recruiters or you can select those recruiters that you do not want to share your CV with. Please note that additional recruiters are added all the time so you should check your privacy settings frequently.
Deletion of your CV / Closing your account with us
- Where you choose to delete your details and/ or CV we will not retain a copy of it on our database and it will not be made available to recruiters. Please note however we are not able to control the storage of your details and/ or CVs by recruiters.
- If you wish to close your individual account with us or remove your details then please contact us.
Problems with the Careers Website
- If you experience any problems with the Careers Website or wish to make a complaint about the Careers Website, any of the Services available on the Careers Website or any recruiters who you feel are abusing the service we provide then please contact us at email@example.com.
- Zigzag is concerned for the privacy of visitors to its web sites. The protection of your personal information is extremely important to us. However, please remember that the security of information transmitted over the Internet cannot be assured.
TERMS AND CONDITIONS FOR ADVERTISERS
- These terms and conditions (the “Terms”) govern your agreement with Zigzag (the “Agreement”) for your use of the following services on the website currently located at: https://jobs.marketingsociety.com/ (the “Website”):
- The Advertising Service
- The CV Service; and
- The Jobmatch Service,
each as defined below. The Advertising Service, the CV Service and the Jobmatch Service shall each be a Service and collectively known as the “Services”. These Terms shall apply to all of the Services except for where they are expressly stated to apply to one Service only.
The Advertising Service
- The advertising service (the “Advertising Service”) is the service provided by Zigzag which allows recruiters (or the advertising agency or media buyer for such recruiter) to place and access their advertisements on, and to self-upload recruitment advertisements to, the Website.
- Advertisements (“Advertisements”) for inclusion on the Website are accepted subject to these Terms and the advertising terms and conditions which are available at: https://jobs.marketingsociety.com/advertising/terms-conditions (the “Advertising Terms”). In the event of any inconsistency between these Terms and the Advertising Terms, the Advertising Terms shall prevail.
The CV Service
- The CV Service is the service provided by Zigzag which allows recruiters to view, search, purchase and access CVs of candidates held on the Zigzag Candidate database (the “Zigzag Candidate database”) via the Website.
- As between Zigzag and you, all intellectual property rights and all other rights in the CVs and the Zigzag Candidate database shall be owned by and are retained by Zigzag or its licensors. Subject to paragraph 6 below, when you use the CV Service, Zigzag will license rights in the CVs purchased by you on a non-exclusive, worldwide basis as necessary to enable you to make reasonable use of the CVs and the CV Database Service for the purpose of recruiting candidates, provided that you comply with (i) these Terms and (ii) all applicable legislation. If Zigzag are required to terminate this Agreement under paragraph 34 or this Agreement ends, this licence will automatically terminate, except in respect of the CVs of candidates you have directly employed or who have sent their CVs directly to you.
- Recruiters who have purchased “unlimited” credits to download CV’s will be subject to daily limits imposed by Zigzag. You acknowledge that our provision of candidate’s CVs to you is conditional on the candidates providing Zigzag with a licence on such terms as will entitle Zigzag to licence their CV on to you.
The Job Match Service
- The job match service (the “Job Match Service”) is the service provided by Zigzag through which Zigzag will, on behalf of the recruiter, contact suitable candidates, who have supplied their CVs to the Zigzag Candidate database, with details of an Advertisement placed by the recruiter on the Website.
General Terms Regarding Access to the Services:
- Zigzag allows you to access each of the Services on the basis that:
- you are a bona fide recruiter, being either an employer or a recruitment agent acting for a recruiter;
- your password is personal to you and may not be used by any third party to access any of the Services or otherwise shared with or disclosed to any third party. If you become aware that any third party has access to your password, you will immediately notify Zigzag and Zigzag shall provide you with a new password as soon as reasonably practicable. You shall at all times ensure that your password is safe and secure;
- you will not do anything which would assist anyone who is not a registered user of the Services to gain access to or misuse it;
- you do not maliciously create additional accounts for the purpose of abusing the functionality of the Website or the candidates who have signed up to the Website, or other users nor do you seek to pass yourself off as another user;
- if, for any reason, we believe that you have not complied with these Terms or are abusing the Services in any way, Zigzag may, at its discretion, cancel, suspend or otherwise restrict your access to the Services immediately and without giving you any advance notice.
General Terms Regarding Your Use of the Services:
- You hereby warrant, represent and undertake to Zigzag that:
- You will only use the Services and any information you receive under the Services for your recruitment related activities;
- Except as expressly permitted under these terms you will not sell, sub-licence, sub-contract or rent or any information you receive under the Services in respect of a candidate on the Zigzag Candidate database to a third party provided that advertising agencies or media buyers for recruiters may sell, sub-licence, sub-contract or rent the information they receive under the Services to the specific recruiters who have engaged them ;
- You will not create a marketing list for either your own use or to sell on to a third party using any information you receive under the Services in respect of a candidate on the Zigzag Candidate database;
- Your use of the Services will not be prejudicial to the image or reputation of Zigzag , the Website or any other recruiters who use the Website;
- In relation to obtaining, storing and using any personal data derived from your use of the Services or otherwise in connection with your use of the Services that you are acting as a data controller in your own right and you have complied and will comply with the all applicable laws relating to data protection and privacy including (without limitation) the EU General Data Protection Regulation (2016/679), the Data Protection Act 2018, the EU Privacy and Electronic Communications Directive 2002/58/EC as implemented in each jurisdiction, and any amending or replacement or equivalent legislation from time to time as well as any guidance issued by the Information Commissioner; and
- Without prejudice to the provisions of paragraph 9e, you will keep all candidates’ personal information confidential.
General Terms Regarding Your Use of CVs provided to You
- In respect of CVs provided to you under the Services, you hereby warrant, represent and undertake to Zigzag that you will:
- not keep candidates’ CVs on your database for longer than is necessary for your recruitment purposes; and
- delete a candidate’s CV from your database if they request you to delete it, within a reasonable time following such request.
SPECIFIC TERMS RELATING TO THE CV SERVICE
Your Use of the CV Service
- You will not be able to view the CVs of any candidates unless you have created a new account or logged into your existing account on the Website. At first instance you will only be able to view anonymised versions of candidate CVs on the Zigzag Candidate database. You will only be able to view a candidate’s contact details after you have purchased the candidate’s CV or have used one of your existing credits to view it. Some CV’s will not be accessible due to candidates’ preferences.
- To purchase a candidate’s CV you will need to submit payment by means of a valid credit or debit card or you will need to set up an invoiced account before your payment can be processed. Once we have validated your credit/debit card you can either: (i) pay for a candidate’s CV using your credit card or (ii) purchase credits for your account on the Website which will enable you to buy CVs using credits.
- The applicable rates for individual CVs and / or bundles of CVs shall be the rate agreed. between you and our sales team either in writing or over the telephone, using the contact details provided on the Website.
- Please note that refunds are not available in respect of CVs purchased using the CV Service.
SPECIFIC TERMS RELATING TO THE JOBMATCH SERVICE
Your Use of the Jobmatch Service
- All Advertisements provided to Zigzag by you under the Jobmatch Service will be only be accepted by Zigzag provided you have complied with the provisions of paragraphs 19 and 20 below.
- Under the Jobmatch Service Zigzag will send your Advertisement to candidates we have selected on our Zigzag Candidate database who match your specified criteria. Please note that we cannot guarantee that such candidates will respond to your Advertisement.
- The applicable rates for using the Jobmatch Service are set out in the rate card as at the date of purchase, which is available on the Website at: https://jobs.marketingsociety.com/pricing/ save where other rates have been expressly agreed between you and Zigzag either in writing or over the telephone, using the contact details provided on the Website.
SPECIFIC TERMS RELATING TO THE ADVERTISING SERVICE
Access to the Advertising Service:
- Zigzag allows you access to the Advertising Service on the basis that, in addition to the provisions of paragraph 8 above and the Advertising Terms, you will or you will ensure that the advertising agency or media buyer responsible for your advertising will:
- be responsible for uploading your Advertisements. The publication of any Advertisement remains at Zigzag’s sole discretion and Zigzag reserves the right without liability to you to make additions, amendments or deletions to the content of any Advertisement if such Advertisement is considered to contain any unsuitable material or material which is contrary to these Terms;
- grant us a non-exclusive, perpetual, royalty-free, worldwide licence to publish the Advertisements in any format, including without limitation print and electronic format; and
- grant Zigzag a royalty-free non-exclusive licence to publish the Advertisements and to use such of your names, trade marks and/or logos as Zigzag may consider necessary in connection with the publication of the Advertisements.
Your Use of the Advertising Services:
- In addition to the provisions in the Advertising Terms you hereby warrant, represent and undertake to Zigzag that, in addition to the provisions of paragraph 9 above, you will or you will ensure that the advertising agency or media buyer responsible for your advertising will:
- be responsible for ensuring that all information in relation to any Advertisement is correct including the content of the Advertisement, the duration for which the Advertisements should be available on the Websites and the categorisation of the Advertisement;
- not request bank details or financial information from jobseekers responding to an Advertisement.
- In addition to the provisions in the Advertising Terms you hereby warrant, represent and undertake to Zigzag that:
- the Advertisements are not contrary to the provisions of any applicable law or regulation, are not libellous, blasphemous, racially inflammatory, offensive or obscene in any way and do not contravene any third party rights (including without limitation any intellectual property rights);
- you have or will have obtained prior to uploading any Advertisements all necessary rights, consents, licences, clearances and waivers in relation to the Advertisements (and all content thereof) to enable Zigzag to publish the Advertisements on the Websites and, as between Zigzag and you, you shall be solely responsible for any and all payments due to third parties as a result of such publication;
- nothing contained in the Advertisements will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;
- all Advertisements submitted by you for publication online will be free of any viruses (meaning any computer code, programming instruction or set of instructions that is intentionally and specifically constructed with the ability to damage, interfere with or otherwise adversely affect computer programs, data files or hardware) and no Advertisement shall cause any adverse effect in the operation of the Websites such that the whole or part of such sites shall be wholly or partially unavailable to users;
- you will not send directly or indirectly, a cookie (meaning a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Website irrespective of whether any such device has been enabled by such user to receive cookies;
- in relation to an Advertisement the you contracts with the Zigzag as a principal notwithstanding that the you may be acting directly or indirectly for the advertiser as an advertising agent or media buyer or in some other representative capacity;
- the reproduction and/or publication of the Advertisement by Zigzag as originally submitted or as amended will not breach any contract or infringe or violate any copyright, trademark or any other personal or proprietary right of any person or render Zigzag liable to any proceedings whatsoever;
- any information supplied in connection with the advertisement is accurate, complete and true;
- in respect of any Advertisement submitted for publication which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, you have obtained the authority of such living person to make use of such name, representation and/or copy;
- in relation to any investment Advertisement, you are, or its contents have been approved by, an authorised person within the meaning of the Financial Services Act 1986, or the Advertisement is otherwise permitted under that act;
- the Advertisement complies with the requirements of all relevant legislation (including without limitation the Equality Act 2010 and any subordinate legislation and the rules of statutorily recognised regulatory authorities) for the time being in force or applicable in the United Kingdom.
- all advertising copy submitted to Zigzag is legal, decent, honest and truthful and complies with the British Codes of Advertising and Sales Promotion and all other relevant codes under the general supervision of the Advertising Standards Authority.
- Your advertising copy will be for authentic positions with accurate details and shall not contain “spam” content (overly repeated words to improve search rankings).
- You will categorize all jobs correctly (Zigzag reserves the right to re-categorize jobs if the chosen categories are deemed as inappropriate).
- The applicable rates for Advertisements are set out in the rate card as at the date of purchase, which is available on the Website at: https://jobs.marketingsociety.com/pricing/ save where other rates have been expressly agreed between you and Zigzag either in writing or over the telephone, using the contact details provided on the Website.
- Zigzag reserves the right in its sole discretion and without liability to you to remove or reject any Advertisement that it considers unsuitable or contrary to these Terms and to remove or reject any Advertisement if you, or the advertising agency or media buyer responsible for your advertising, have not paid any sums due for any advertising on the Website. You shall remain liable for all sums due to Zigzag in respect of the Advertisements. Any acceptance of an Advertisement by Zigzag shall not be deemed to constitute an acceptance by Zigzag that such Advertisement is provided in accordance with these Terms and shall not constitute a waiver of Zigzag’s rights hereunder.
- In respect of any Advertisement cancelled by you after the Advertisement has been uploaded, you will be liable for the full cost of the Advertisement.
FURTHER GENERAL TERMS
- You will be required to make payment either through your invoiced account or by credit/debit card at the time you purchase one of the Services (unless you purchase credits on the Website). Zigzag accepts the following cards: American Express, Visa, Mastercard, Solo and Maestro. All payments shall be made without deduction or withholding of any fund, other than as required by law. Rates for the Advertising Services and the Jobmatch Services are subject to addition of VAT and all rates are subject to the addition of other applicable sales or other taxes. Payment is subject to Zigzag’s payment terms which are: all new customers will be required to prepay unless credit terms have been approved following a satisfactory credit check. Credit application forms are available on request from firstname.lastname@example.org. Zigzag’s standard credit terms are for payment to be received as cleared funds by BACS payment on or before 28 days of the date of insertion/date of invoice. Any changes to the standard payment terms must be agreed by Zigzag. Zigzag may charge interest on the amount outstanding up to 4% above the Bank of England base rate.
Right of Audit
- You shall, on request, provide Zigzag and Zigzag’s auditors with all reasonable assistance and with access to your relevant personnel, premises, systems and records relating to this Agreement as may be reasonably required in order to verify your compliance with the Terms.
- Zigzag shall provide at least two (2) working days’ notice to you of Zigzag’s intention to conduct an audit.
- In the event that Zigzag’s publication of the Website is restricted, curtailed or prevented by any applicable law or regulation or any other act or thing beyond Zigzag’s control, Zigzag may terminate this Agreement forthwith (in whole or in part) without prejudice to Zigzag’s right to be paid any monies due as at the date of termination.
- Zigzag accepts no liability for any delay or disruption whilst using any of the Services or for any loss or damage to your account or any loss or damage caused by any error or technical fault in respect of the transfer of a CV from the Website to you.
- Zigzag does not guarantee the continued and uninterrupted availability of any of the Services and accepts no liability for any unavailability including without limitation due to technical errors or faults. In any event, Zigzag shall have no liability for any failure or delay affecting the transmission of any Website, in any manner where such failure or delay results from any act, omission, interruption, fault or other condition beyond the reasonable control of Zigzag .
- Zigzag shall not be liable in contract, tort (including negligence) or for breach of statutory duty or in any other way for any economic losses (including without limitation, loss of revenues or profits, contracts, business or anticipated savings), any loss of goodwill or reputation or any indirect or consequential losses (in each case whether or not such losses were within the contemplation of the parties at the date the order was placed) suffered or incurred by you arising out of or in connection with any matter hereunder.
- For the avoidance of doubt, nothing in these Terms shall operate to limit or exclude Zigzag’s liability for death or personal injury resulting from its own negligence or for fraud.
- Candidates are solely responsible for the content of the CVs that they submit to Zigzag . We accept no responsibility for the content of candidate CVs including without limitation any error, omission or inaccuracy.
- You will indemnify Zigzag and agree to keep Zigzag indemnified on demand against all claims, costs, proceedings, demands, losses, damages, expenses or liability (including without limitation any consequential losses or loss of profit and any legal fees) whatsoever arising directly or indirectly as a result of any breach or non-performance or non-observance of any of the representations, warranties or other terms contained herein or implied by law in accordance with these Terms.
- In addition to Zigzag’s rights under paragraphs 8e and 27 of these Terms, Zigzag may terminate your access to one or all of the Services with immediate effect if:
- you are in material breach of these Terms and you fail to rectify such breach within 7 days of our notifying you of your material breach; or
- you become insolvent (including being unable to pay your debts as they fall due and/or that the value of your assets is less than the amount of your liabilities taking into account your contingent and prospective liabilities), proposes an individual, company or partnership voluntary arrangement, have a receiver, administrator or manager appointed over the whole or any part of your business or assets; if any petition shall be presented, order shall be made or resolution passed for your winding up (except for the purpose of a bona fide amalgamation or reconstruction), bankruptcy or dissolution (including the appointment of provisional liquidators/interim receivers or special managers); if you shall otherwise propose or enter into any composition or arrangement with your creditors or any class of them, if you ceases or threatens to cease to carry on business or if you claim the benefit of any statutory moratorium.
Consequences of Termination
- Subject to paragraph 36 below, in the event Zigzag terminate your access to the CV Service you will or you are in material breach of the Terms and you fail to rectify such breach within 7 days of our notifying you of your material breach:
- Return all soft and hard copies of candidates’ CVs in your possession and acquired by you from the CV Service to Zigzag within 2 days of receiving notification of termination; or
- At Zigzag’s request destroy all soft and hard copes of candidates’ CVs in your possession and acquired by you from the CV Service and provide to Zigzag a certificate of destruction signed by one of your directors confirming such destruction, within 7 days of receiving notification of termination.
- You will not be subject to the provisions of paragraph 35 in respect of any candidate of which you employ or who sent you his/her CV directly rather than via the tools provided on the Website.
- As a recruiter on this Website, your details will be entered onto Zigzag’s customer database. We will use your details to communicate information about Zigzag’s services. If you do not wish to receive information about Zigzag’s services including changes to pricing and processes, you can unsubscribe by emailing us at email@example.com.
- Zigzag are committed to protecting your privacy and comply with the 2018 Data Protection Act. We will not share your details with others without your prior consent.
- If any term under these Terms is found by any court or administrative body of competent jurisdiction to be invalid or unenforceable, such invalidity or unenforceability shall not affect the other provisions of these Terms which shall remain in full force and effect. If any provision of these Terms is so found to be invalid or unenforceable if some part of the provision were deleted, the provision in question shall apply with such modification(s) as may be necessary to make it valid.
- Except insofar as this Agreement expressly provides that a third party may in his own right enforce a term of this Agreement, a person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of these Terms but this does not affect any right or remedy of a third party which exists or is available apart from that Act.
- To the extent that the Employment Agencies Act 1973 and/or the Conduct of Employment Agencies and Employment Business Regulations 2003 apply to the Services, Zigzag acts in the capacity of an employment agency. Zigzag will not however introduce or supply candidates to you and nor does Zigzag have authority to act on your behalf. Details of all fees payable are set out above.
- These Terms may be varied from time to time. Please ensure that you review these Terms regularly as you will be deemed to have accepted a variation if you continue to use the site after it has been posted. Details of variations will be posted below. You will be deemed to have accepted a variation to these Terms if you continue to use the Website and/or one or more of the Services after a variation has been made.
- You may not resell, assign at law or in equity (including by way of a charge or declaration of trust), sub-license or deal in any other manner with this contract or any other rights under this contract or sub-contract any and all of its obligations under it or purport to do any of the same. Any attempt to do the foregoing shall result in immediate termination of your right to use the Services, and payment of any and all amounts due hereunder without liability to Zigzag and without prejudice to its other rights and remedies. Any purported assignment in breach of this paragraph shall confer no rights on the purported assignee.
- This Agreement shall be governed by and construed in accordance with English law and each party irrevocably submits to the exclusive jurisdiction of the English courts.
ZIGZAG APP LIMITED DETAILS
Zigzag App Limited is a company incorporated in England and Wales with registered number 13108150 whose registered address is 85 Great Portland Street, London, W1W 7LT and it operates the Website https://jobs.marketingsociety.com.
You can contact Zigzag App Limited by email on firstname.lastname@example.org.
After the 10-day period you will no longer be eligible and won’t be able to receive a refund.
If you have any additional questions or would like to request a refund, feel free to contact us.
These terms and conditions are up-to-date as of 1 June 2021