In these Terms the following words and expressions have the following defined meanings:
'the Website' means the 'workaseason' website at www.workaseason.com
'Hotelplan UK' means Hotelplan UK Limited registered in England under Company Registration Number 444219, and its subsidiary companies, Hotelplan Ltd (trading as Inghams Travel) under Company Registration Number 350789 and Esprit Holidays Ltd (trading as Esprit Ski, Flexiski and Santa's Lapland) under Company Registration Number 1907815
'You' means an individual who has registered with Workaseason to access the Website to apply for a job.
'Employer' means any entity which can include a company, partnership or individual who has contracted with HotelplanUK to search to fill a job vacancy on the Website.
'Job Details' means information on job vacancies that an employer is using Workaseason to fill
'Guidelines' means any relevant guidelines stipulated by Workaseason from time to time.
2.1 Hotelplan UK shall be responsible for the Website and Hotelplan UK shall only be required to use its reasonable endeavours to keep the Website operational.
2.2 Hotelplan UK shall not be a party to any exchange of e-mails or any telephone conversations or meetings between you and any external website that is linked to the Website and you acknowledge that Hotelplan UK’s sole obligation is to provide the Website and its services in accordance with this Agreement.
3. USE OF THE SITE
3.1 You acknowledge:
(a) that the Website is intended to facilitate introductions being made between you and the Employer; and (b) that following any introduction being made it shall be up to you and the Employer to agree how to progress matters further; (c) that you shall act in good faith and in a business like and courteous way; and (d) that you shall keep strictly confidential all confidential information disclosed to you by the Employer.
3.2 You shall not be required to pay HotelplanUK for your use of the Website.
3.3 You agree that Hotelplan UK can contact you via your e-mail address for any reason.
3.4 To avoid any possible abuse of the Website and the services and facilities it offers Hotelplan UK may require you to confirm at any time your identity, address and contact details and details of your current employment status and the identity of your current employer. Failure by you to provide any information requested by Hotelplan UK within 14 days and without reasonable cause shall permit Hotelplan UK to terminate this Agreement.
3.5 At Hotelplan UK’s request you shall supply Hotelplan UK with such information that it reasonably requires confirming that:
(a) any information that has been supplied for posting on the Website is accurate; and (b) that you are not in breach of this Agreement.
Failure by you to provide any information requested by Hotelplan UK under this Term within 14 days and without reasonable cause shall permit Hotelplan UK to terminate this Agreement.
4 DISCLOSURES AND COLLECTION OF INFORMATION
4.1 You confirm that:
(a) when posting any information on the Website you shall comply with any relevant Guidelines;
(b) all details submitted by you for application via the Website may be read by any visitor to the Website; and (c) anything posted by you on the Website shall remain on the Website until you either request its removal or it is removed by Hotelplan UK.
4.2 To enable Hotelplan UK to improve and/or market the Website and the services it supplies you acknowledge that Hotelplan UK may produce statistics based upon the use of the Website and Hotelplan UK may contact you by e-mail, telephone or post for feedback regarding the Website and the services provided. This process will not involve Hotelplan UK divulging your personal details to a third party.
5.1 You acknowledge that the success of the Website as a means of introducing potential candidates as potential employees depends upon the restrictions set out in Term 5.2 being strictly observed.
5.2 You shall not:
(a) make any material misrepresentations or inaccuracies in respect of any information posted by you on the Website; (b) obtain or seek to obtain the details of the Employer when you have no intention or conceivable prospect of obtaining a position with the Employer; or (c) use the Website for the purpose of building up a database of potential positions that you or any other person intends to exploit for any commercial purpose.
5.3 Any breach of Term 5.2 shall entitle Hotelplan UK to immediately terminate this Agreement and seek legal redress.
6. PROHIBITED USERS
6.1 You acknowledge that it is a strict requirement of entering this Agreement that you shall not be involved or in any way connected with any of the following activities:
(a) the provision of recruitment services; or (b) any unlawful activity.
6.2 Any breach of Term 6.1 by you shall entitle Hotelplan UK to terminate this Agreement.
7. OUR LIABILITY
7.1 The Website and the services and facilities Hotelplan UK offers is provided without warranty of any kind, either express or implied. Hotelplan UK excludes any warranty, term or condition not expressly set out in these Terms including without limitation any warranty for information, data, services, uninterrupted access, or products provided through or in connection with the Website.
7.2 You acknowledge that Hotelplan UK shall have no liability to you under this Agreement due to the uncertainty of any particular job vacancy being filled by means of an introduction effected via the Website and because you are not required to pay Hotelplan UK any sums to use the Website.
7.3 You acknowledge that Hotelplan UK shall not be liable for any material inaccuracies or misrepresentations in any Job Details where this information was received by Hotelplan UK in good faith.
7.4 You agree to indemnify Hotelplan UK against all proceedings, costs, fees expenses, payments, liabilities, injury, death, loss and damage arising out of any claims brought against Hotelplan UK (in negligence or otherwise) that are attributable to you failing to comply with any of the provisions of this Agreement.
7.5 You acknowledge that the indemnity given by you in the preceding Term is reasonable having regard to the fact that it is unrealistic to expect Hotelplan UK to independently verify all the information posted by you or by the Employer on the Website.
7.6 Hotelplan UK shall not be liable for any failure to perform any obligation caused by any event beyond its reasonable control.
7.7 You acknowledge that changes may over time be made by Hotelplan UK to develop the Website and that this may result in limited periods when the Website may be out of action for this reason.
8.1 Notwithstanding anything to the contrary Hotelplan UK may terminate this Agreement at any time on 7 days written notice.
8.2 This Agreement may be terminated by Hotelplan UK on immediate notice
(a) in any of the circumstances provided for in 3.5, 5.2 and 6.2;
(b) if you should make any material misrepresentation in order to become a registered user of the Website;
(c) if you should use the Website for any improper use or with the intention to damage the reputation of either the Website or the services or facilities provided by the Hotelplan UK.
8.3 This Agreement may be terminated by you provided you give Hotelplan UK 14 days written notice.
9.1 Nothing in this Agreement shall:
(a) oblige Hotelplan UK to renew this Agreement; and/or (b) prevent Hotelplan UK from winding up the Website at some future date.
9.2 You may not assign any of the rights or obligations under this Agreement.
9.3 Any notice or other communication under this Agreement shall be in writing and may be delivered:
(a) by hand; or (b) by fax or registered post; or (c) by e-mail.
And all communications shall be deemed to be received upon receipt.
9.4 This Agreement shall be governed and construed in accordance with English law