Terms of Use

19.05.2019

TERMS OF USE

INTRODUCTION
1. The Site (as defined below) is owned and operated by Rezoomo Ireland Limited, Company No. 545025, whose registered address is 2^nd Floor, 76 Grand Parade, Cork (hereinafter “our”, “we”, “us” or “Rezoomo”).
2. If you are a visitor, Jobseeker, registered user or unregistered user of the Site other than a Contract User, these Terms and any other terms and conditions referred to in them comprises your Agreement with us and the term Agreement shall be construed accordingly throughout these Terms.
3. If you are a Contract User these Terms form part of your agreement with us, which comprises, in the following order of priority in the event of a conflict:
  1. the Memorandum of Agreement;
  2. the Special Terms and Conditions;
  3. the General Terms and Conditions;
  4. these Terms and any other terms and conditions referred to in these Terms,
    
    and the term Agreement shall be construed accordingly in these Terms.
4. Use of or access to the Site and/or the Services is subject to and constitutes your acceptance of the Agreement which takes effect on the earlier of: (a) the date which you first access the Site, or, (b) if you are a Contract User, when you sign a Memorandum of Agreement.
5. By using the Site and/or the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms.
6. We may terminate your registration and/or deny you access to the Site and or the Services or any part thereof (including any services, products or information available on or through the Site) at any time in our absolute discretion.
7. Our employees and agents are not authorised to make any representations concerning the Site and/or the Services unless confirmed by us in writing. In continuing to use the Site and/or the Services, you acknowledge that you do not rely on, and waive any claim for breach of, any representations which are not so confirmed.
8. The Agreement constitutes the whole agreement between us and you and supersedes and terminates any previous arrangement, understanding or agreement between us and you relating to the Site and/or the Services. You acknowledge that you do not rely on any statement, representation, assurance or warranty of any person (whether a party to this agreement or not) other than as expressly set out in your Agreement with us.
CHANGES TO THE SITE AND SITE CONTENT
1. We may update the Site from time to time, and may change any information or material (including designs, text, graphics, logos, images and related content), presentation, layout or functionality of the Site whether written, published, shared or otherwise appearing on the Site in respect of any of the Services, and for the avoidance of doubt this shall include any and all information or material contained in any advertisements, CVs or User Content appearing on the Site, (the “Content”) at any time. However, please note that any of the Content on our Site may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that our Site, or any Content on it, will be free from errors or omissions.
2. We have no obligation to monitor or moderate any user's activity or use of our Site and/or the Services, however we retain the right at all times to monitor, retain and disclose any information as necessary to satisfy any Applicable Laws.
3. We are permitted to make changes to these Terms and any other policies or guidelines by notifying you via the contact details you have provided on the Site and/or by publishing the changes on the Site. Continuing to use the Services and/or the Site indicates that you fully accept the changes to the Terms. Such modifications shall become effective immediately upon their being posted on the Site or being notified to you. Therefore, we encourage you to check the date of these Terms and other policies whenever you visit this Site to check if they have been updated.
ACCESS TO AND USE OF THE SITE
1. We may give directions about the use of the Site and/or the Services to you which we think are reasonably necessary in the interests of safety or the quality of service to other users which shall include but shall not be limited to these Terms and the Acceptable Use Policy. You shall comply with all such reasonable directions.
2. In order to access the Site and/or to receive information or other alerts you must register on the Site. If you register, you should ensure that the details provided by you at the time of registration or at any time are correct and complete.
3. You are responsible for making all arrangements necessary for you to have access to the Site. We agree to use our reasonable endeavours to maintain the Site in a fully operating condition and error free. As we cannot guarantee that the Site and the Services will always be fully operational or error free we do not accept responsibility for any defects that may exist or for any costs or losses arising from your use of or inability to access the Site and/or the Services. In particular, we are not responsible where:
  1. you cannot access the Site and/or the Services for any reason;
  2. a Jobseeker cannot apply for any job vacancy available on the Site for any reason; or
  3. where a Jobseeker’s CV or job application does not reach the company he/she applied to for any reason.
4. We provide no guarantee whatsoever that the information obtained by you on the Site and/or through the Services will meet your requirements.
5. From time to time, we may restrict access to some parts of the Site, or the entire Site, at our discretion.
6. By submitting information to Rezoomo, whether through the Site or otherwise, you agree and acknowledge that we may contact you in response to the information you provide but we are not obliged to provide you with any particular product or services.
7. You agree not to access without authority, interfere with, damage or disrupt:
  1. any part of the Site;
  2. any equipment or network on which the Site is stored; or
  3. any software used in the provision of the Site.
8. Without prejudice to our other rights and remedies under these Terms, we may suspend the provision of the Services and/or your access to the Site in the following circumstances:
  1. if, in the reasonable opinion of Rezoomo:
    
    (a) you are in breach of the Agreement; or
    
    (b) such suspension is necessary for the protection of the Services and/or the Site; or
  2. Rezoomo is required to do so by operation of law or a governmental authority so requires.
OTHER SITES AND RESOURCES
1. We may provide links and pointers to websites or other resources maintained by third parties from the Site. Such websites are not under our control and we are not responsible for the contents (including the accuracy, legality or decency) of any such website or any link contained in such a website. We are providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website. We are not responsible for the copyright compliance of any linked website. We will not be liable for any damages or loss arising in any way out of or in connection with or incidental to any information or third party service provided by any third party and you acknowledge that the use of any third party website or resource is governed by the terms and conditions of use applicable to such website or resource.
2. Rezoomo may serve advertisements to the Site or work with a third party to serve the advertisements. Advertisements placed on the Site may include but are not limited to banner ads, paid links, pop-up windows, buttons and sponsorships. You agree that we have a right to run such advertisements and promotions. Rezoomo does not control the content of any services supplied by third parties, and the inclusion of content does not imply endorsement of the third party by Rezoomo or any association with that third party. Any correspondence or business dealing you may have with, or participation in promotions of, advertisers or third parties found through the Site and then any other representations associated with such dealings are solely between you and such advertiser or third party. You agree that Rezoomo shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or else the result of the presence of such advertisers or third parties on the Site. In particular, Rezoomo does not warrant or guarantee at any time that you will receive any approaches from advertisers regarding potential positions of employment and is not responsible for any such approaches you may receive.
COMPANY PROFILE
1. Each Employer is entirely responsible for creating its own Company Profile and uploading any Company Branding it requires on its own Company Profile.
2. An Employer can delete its Company Profile at any stage and is entirely responsible for updating and ensuring the accuracy of information that it uploads to its own Company Profile or for any advertisement or opportunity it posts to the Site. We do not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and/or access to the Site and we have the right at our sole discretion to decline to publish or omit, suspend or change the position of any advertisement, opportunity or Company Profile published on the Site.
3. We reserve the absolute right, without giving any reasons, to decline, cancel or remove any Company Profile, advertisement, opportunity or to discontinue the provision of the Services for any reason and at any time without prior notice.
4. An advertisement, opportunity or otherwise which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of gender, civil status, family status, sexual orientation, religion, age, disability, race and membership of the Traveller community will not be accepted unless it is exempted from the requirements of the Employment Equality Acts 1998 to 2015 or the Equal Status Acts 2000 to 2015.
TERMS APPLYING TO EMPLOYERS ONLY
1. The Employer hereby represents and warrants to Rezoomo:
  1. that in relation to any opportunity or advertisement the Employer is a principal notwithstanding that the Employer may be acting directly or indirectly for a third party;
  2. that the publication of the opportunity or advertisement through the Site by Rezoomo as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render Rezoomo liable to any proceedings whatsoever and the Employer indemnifies and keeps indemnified Rezoomo on demand against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by Rezoomo as a result of this representation and warranty being incorrect;
  3. that, in respect of any advertisement 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, the Employer has obtained the authority of such living person to make use of such name, representation and/or copy;
  4. that each advertisement and all content posted to the Site or use of the Site by the Employer is legal, decent, honest and truthful and complies with all Applicable Laws, rules, regulations and codes relating to advertising as may be appropriate;
  5. that no advertisement or other data posted to the Site by the Employer (or its agents) is or contains any data, image or other material which is:
    
    (a) offensive, obscene or indecent, or capable of being resolved into obscene or indecent images or material;
    
    (b) defamatory, threatening or racially, ethnically or otherwise objectionable;
    
    (c) designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
    
    (d) likely to or infringes the rights (including, without limitation, the intellectual property rights) of another person;
    
    (e) designed or likely to cause disruption to any computer system or to any network;
    
    (f) illegal or designed or likely to induce an illegal act;
    
    (g) harmful to minors in any way; or
    
    (h) used to transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
2. The Employer shall:
  1. not operate or provide the services of a recruitment agent, agency or consultancy;
  2. use all reasonable precautions against access of the Site (or any website that is or may become linked to the Site) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Employer's hardware and the Site;
  3. use all Jobseeker CVs supplied for the sole purpose of endeavouring to provide or locate suitable employment on behalf of Jobseekers;
  4. obtain from the Jobseeker only as much information about the Jobseeker's qualifications and experience as is necessary for determining whether the Jobseeker is suitable for employment, and shall ascertain that the Jobseeker has such qualifications as are required by law;
  5. ensure that the Jobseeker is fully aware of any conditions imposed by law which must be satisfied by the Jobseeker and that any employment resulting therefrom shall be legal;
  6. keep confidential the Jobseeker CVs and all other information supplied by the Jobseeker to the Employer or its employees or agents and shall only use such information for such agreed purpose if endeavouring to seek or provide employment opportunities for Jobseekers with their express consent in respect of the Jobseeker CVs;
  7. obtain the express consent of a Jobseeker prior to submitting his or her Jobseeker CV to any person;
  8. not submit, copy, supply, re-sell, distribute or make available in any way any Jobseeker CVs or other information received from Rezoomo to any person otherwise than in accordance with this clause 6.2; and
  9. ensure that it is notified as a data controller to the Data Protection Commissioner′s Office (if applicable) under Data Protection Laws to the extent that it applies and complies with its obligations under Data Protection Laws.
3. The Employer shall indemnify and keep indemnified Rezoomo on demand against all claims made by third parties in respect of the misuse of data supplied to the Employer (whether through a Jobseeker CV or otherwise).
4. The Employer acknowledges that it is not vested with any proprietary rights in respect of the Services, the Site, or any Jobseeker CV or other information submitted by any Jobseeker.
5. The Employer may print off one copy, and may download extracts, of any page(s) from the Site for personal reference and may draw the attention of others within the Employer′s organisation to material posted on the Site.
6. The Employer must not modify the paper or digital copies of any materials it has printed off or downloaded in any way, and must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
TERMS APPLYING TO JOBSEEKERS ONLY
1. A Jobseeker is solely responsible for keeping his/her own data accurate, complete and up to date. A Jobseeker is completely in control of his/her CV and we accept no responsibility for verifying that a Jobseeker’s details are up to date.
2. If a Jobseeker registers to use the Site, he/she will be asked to create a password. In order to prevent fraud, a Jobseeker must keep this password confidential and must not disclose it or share it with anyone. If a Jobseeker knows or suspects that someone else knows his/her password a Jobseeker should notify us by contacting support@Rezoomo.com immediately.
3. If we have reason to believe that there is likely to be a breach of security or misuse of the Site or a breach of these Terms, we may require a Jobseeker to change his/her password or we may suspend a Jobseeker’s account.
4. We reserve the right to suspend or cancel a Jobseeker’s registration or account at any time or for any reason. We may suspend or cancel a Jobseeker’s registration immediately at our discretion or if he/she breaches any of his/her obligations under the Agreement, or if he/she provides information which is inaccurate or corrupted.
5. A Jobseeker can cancel his/her registration at any time by logging onto the Site and by navigating to ‘Delete Account’ in the Dashboard settings. Alternatively, a Jobseeker can cancel his/her registration by emailing us at support@Rezoomo.com requesting the cancellation of his/her registration.
6. In addition to any other prohibited uses contained in any other part of the Agreement, a Jobseeker may not use the Site for any of the following purposes:
  1. disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
  2. transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
  3. interfering with any other person's use or enjoyment of the Site;
  4. making, transmitting or storing electronic copies of materials protected by copyright or other intellectual property rights without the permission of the owner;
  5. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  6. for the purpose of harming or attempting to harm minors in any way;
  7. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
  8. to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
7. A Jobseeker will be responsible for our losses and costs resulting from a breach of this clause 7 by that Jobseeker.
JOBSEEKER INFORMATION
1. Rezoomo is merely a conduit to facilitate the introduction of Employers to Jobseekers. Rezoomo does not verify or guarantee any Jobseeker's details whether forwarded to the Employer via Rezoomo or otherwise. Rezoomo accepts no responsibility as to the suitability of Jobseekers who respond to advertisements.
2. The Employer shall satisfy itself as to the suitability of any Jobseeker and shall take up any reference provided by the Jobseeker before engaging with any such Jobseeker.
3. The Employer shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Jobseeker and shall satisfy itself of any medical or other requirements or qualifications required by law.
4. Rezoomo does not accept liability, of any description, however arising, for any loss or damage caused to any Employer, or any other third party, arising from any virus or other impairing computer program contained in any Jobseeker CV or information submitted by any Jobseeker.
DATA PROTECTION
1. Each party’s rights and obligations relating to the Processing of Personal Data pursuant to the Agreement shall be governed by:
  1. the Privacy Statement; and
  2. in the case of a Contract User only, the Data Processing Agreement.
INTELLECTUAL PROPERTY RIGHTS
1. Rezoomo is the owner or the licensee of all intellectual property rights in the Site, and in the material published on it (other than the Company Branding and other information inputted by an Employer, if any). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
2. The status of Rezoomo (and that of any identified contributors) as the authors of material on the Site must always be acknowledged.
3. You must not use any part of the materials on the Site for any other purpose (commercial or otherwise) other than is permitted under these Terms without obtaining a licence to do so from Rezoomo or its licensors.
4. If you print off, copy or download any part of the Site in breach of these Terms, your right to use the Site will cease immediately and you must, at Rezoomo′s option, return or destroy any copies made of the materials.
5. The Company Branding are proprietary marks of the Employer and may only be used by users when using the Site in the ordinary course. We may use Company Branding for the purpose of the provision of the Services and in connection with the management, use and provision of the Content, including the User Content.
6. In accessing the Site you acknowledge that we are not liable for the misuse, alleged or otherwise, of third party intellectual property rights by users of the Site who create User Content.
OUR LIABILITY TO YOU
1. We make no warranty that the Site and/or the Services (or any website that is or may become linked to this Site) is free from computer viruses, ‘cookies’, or any other malicious or impairing computer programmes and/or that the Site and/or the Services shall operate uninterrupted and error-free.
2. We will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you shall be liable for losses incurred by us or another party due to someone else using your account or password as a result of your negligence or breach of the Agreement.
3. We do not endorse and are not responsible for any opinion, advice, information, or statement contained in the User Content. To the fullest extent permitted by law, we shall under no circumstances be liable for any use, misuse of or reliance upon, any User Content, for any claim made in relation to these Terms, or for any damages, whether direct, indirect, incidental, consequential, special or punitive, and whether arising from use, misuse or reliance upon the User Content, from damage caused by information contained in the User Content or to damages incurred by reason of use of any links provided within the User Content. We expressly exclude our liability for any loss or damage arising from the use of the Site and/or the Services by a user in contravention of the Agreement. Any action that we might take in respect of a user or regarding Content, for example, deletion, editing or declining to publish, is neither an admission of liability on our part nor an indication of the breach or otherwise of any standard, legal provision or term by a user.
4. You acknowledge that by accessing the Site and/or the Services, you may come into contact with Content that you find harmful, offensive, threatening, indecent or objectionable and you acknowledge that we shall have no liability to you for any User Content including explicit language and other potentially offensive material.
5. We accept no responsibility for the accuracy or completeness of any details or job vacancies posted by any company, person or third party on the Site.
6. We do not accept liability for any loss of copy, artwork, photographs, data or other materials that you have supplied to us and you shall be responsible for retaining in your possession sufficient quality and quantity of such materials for whatsoever purposes you may require.
7. All messages and correspondence between the Employer and Jobseekers are private between those both parties. We do not accept any responsibility for the content of such correspondence.
8. Nothing in these Terms shall exclude or limit Rezoomo’s liability: (a) under the tort of deceit; (b) for death or personal injury; or (c) any other liability to the extent that, under applicable law, it cannot be excluded or limited.
9. Subject to clause 11.8, we shall not be liable in contract, tort or otherwise howsoever for any of the following losses or damage (whether or not such loss or damage was foreseen, foreseeable, known or otherwise): (a) loss of revenue, -(b) loss of actual or anticipated profits, (c) loss of contracts, (d) loss of the use of money, (e) loss of anticipated savings, (f) loss of business, (g) loss of opportunity, (h) loss of goodwill, (i) loss of reputation, (j) loss of, damage to or corruption of data, or (k) any indirect or consequential loss howsoever caused (including, for the avoidance of doubt, whether such loss or damage is of a type specified in sub-clauses (a) to (j) above) whether arising out of, or in connection with, or in relation to the Services or the supply or non-supply or purported supply or delay in supply of the Services or otherwise out of or in connection with or in relation to the your use of the Site or the Agreement or any transaction or matter contemplated thereby.
10. We shall not be liable to you in contract, tort (including, without limitation, negligence) or otherwise for any failure or delay in the performance of any of our obligations under the Agreement if hindered from doing so by something outside our reasonable control. Matters outside our reasonable control will include but are not be limited to any Event of Force Majeure.
YOUR LIABILITY
1. You agree to indemnify and keep indemnified Rezoomo, its officers, directors, employees, agents, distributors and affiliates on demand from and against any and all claims, loss, damage or liability (whether criminal or civil) suffered and fees and costs incurred, including reasonable legal fees, arising out of or in connection with or resulting from:
  1. your use (including that of any of your employees, agents or contractors) of the Site and/or the Services or any part thereof;
  2. violation of the Agreement or any provision therein by you;
  3. publication of any information by you and the viewing thereof by any person;
  4. infringement or misappropriation by you, or a third party using your computer, of any account or password to access and/or use the Site and/or any services offered by Rezoomo; and/or
  5. use or misuse by you or third parties of your password or account.
MISCELLANEOUS
1. If any provision of these Terms is held to be void or unenforceable in whole or in part, these Terms shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by Rezoomo shall be effective except in relation to the matter in respect it was specifically given.
2. Each of Rezoomo’s rights of under the Agreement may be exercised as often as is necessary, is cumulative and not exclusive of any other rights which Rezoomo may have under the Agreement, law or otherwise. Delay by Rezoomo in exercising, or the non-exercise by Rezoomo of, any such right will not constitute a waiver of that right.
3. These Terms shall be governed by, and construed in accordance with, the laws of Ireland and each party irrevocably submits to the exclusive jurisdiction of the courts of Ireland.
DEFINITIONS
1. In these Terms the following words and phrases shall have the following meanings unless the context otherwise requires:-
  1. 'Acceptable Use Policy' means Rezoomo’s Acceptable Use Policy, the current version of which is attached in the Appendix to these Terms, as amended from time to time;
  2. ‘Applicable Laws’ means all applicable laws, rules, regulations, mandatory guidelines and codes from time to time in force;
  3. ‘Company Profile’ means the profile page that an Employer creates on the Site about its own company, organisation or business in order to attract Jobseekers;
  4. ‘Company Branding’ means the materials owned by the Employer including information, design work, artwork and logos;
  5. ‘Content’ has the meaning given thereto in clause 2.1;
  6. ‘Contract User’ means any person or entity who signs a Memorandum of Agreement;
  7. ‘Data Processing Agreement’ means the data processing agreement entered into by Rezoomo and a Contract User which governs the Processing of Personal Data pursuant to the Agreement;
  8. ‘Data Protection Laws’ means all applicable laws relating to the processing of Personal Data including the GDPR;
  9. ‘Employer’ means any person or entity using and purchasing the Services that are designed to be used by employers;
  10. ‘Event of Force Majeure’ means an act of God including but not limited to fire, flood, earthquake, windstorm or other natural disaster; war, invasion, act of foreign enemies, hostilities (whether war be declared or not), civil war, rebellion, revolution, insurrection, military or usurped power or confiscation, nationalisation, requisition, destruction or damage to property by or under the order of any government or public or local authority or imposition of government sanction embargo or similar action; labour dispute including but not limited to strike, lockout or boycott (save were such labour dispute is induced by the party so incapacitated);
  11. “GDPR” means the General Data Protection Regulation ((EU) 2016/679);
  12. “General Terms and Conditions” means the General Terms and Conditions Schedule (Schedule 2) of the Memorandum of Agreement;
  13. ‘Jobseeker’ means a Jobseeker who registers on the Site, through the Site itself or through an Employer site or third party;
  14. ‘Jobseeker CV’ means the curriculum vitae, biography page and/or brief outline details of a Jobseeker's education, training, skills and employment experience which is provided to Rezoomo by a Jobseeker for distribution to Employers with a view to securing employment;
  15. ‘Memorandum of Agreement” means the memorandum of agreement executed by a Contract User and Rezoomo;
  16. ‘Personal Data’ has the meaning given to it in the Data Protection Laws applicable in Ireland;
  17. ‘Privacy Policy’ means Rezoomo’s Privacy Policy, the current version of which is available at www.rezoomo.com/cookie-policy1 as amended from time to time;
  18. ‘Processing’ shall have the meaning given thereto in Data Protection Law and the words ‘Process’ and ‘Processed’ shall be construed accordingly;
  19. ‘Services’ means the Rezoomo recruitment platform which is made available to users on the Site;
  20. “Special Terms and Conditions” means the Special Terms and Conditions Schedule (Schedule 1) of the Memorandum of Agreement;
  21. ‘Site’ means Rezoomo’s website located at www.rezoomo.com;
  22. ‘user’, ‘you’ and ‘your’ means any visitor, jobseeker, recruiter, registered user or unregistered user of the Site and/or the Services including a Contract User; and
  23. “User Content” means any Content which is created or uploaded to the Site by a user.

APPENDIX

REZOOMO ACCEPTABLE USE POLICY

Introduction
1. This acceptable use policy (the "Policy") sets out the rules governing:
  
  (a) the use of the website at www.Rezoomo.com, any succesIntroductionsor website, and the services available on that website or any successor website (the "Services"); and
  
  (b) the transmission, storage and processing of content by you, or by any person on your behalf, using the Services ("Content").
2. References in this Policy to "you" are to any customer for the Services and any individual user of the Services (and "your" should be construed accordingly); and references in this Policy to "us" are to Rezoomo (and "we" and "our" should be construed accordingly).
3. By using the Services, you agree to the rules set out in this Policy.
4. We will ask for your express agreement to the terms of this Policy before you upload or submit any Content or otherwise use the Services.
5. You must be at least 18 years of age to use the Services; and by using the Services, you warrant and represent to us that you are at least 18 years of age.
General usage rules
1. You must not use the Services in any way that causes, or may cause, damage to the Services or impairment of the availability or accessibility of the Services.
2. You must not use the Services:
  
  (a) in any way that is unlawful, illegal, fraudulent, deceptive or harmful; or
  
  (b) in connection with any unlawful, illegal, fraudulent, deceptive or harmful purpose or activity.
3. You must ensure that all Content complies with the provisions of this Policy.
Unlawful Content
1. Content must not be illegal or unlawful, must not infringe any person's legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
2. Content, and the use of Content by us in any manner licensed or otherwise authorised by you, must not:
  
  (a) be libellous or maliciously false;
  
  (b) be obscene or indecent;
  
  (c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
  
  (d) infringe any right of confidence, right of privacy or right under data protection legislation;
  
  (e) constitute negligent advice or contain any negligent statement;
  
  (f) constitute an incitement to commit a crime, instructions for the commission of a crime or the promotion of criminal activity;
  
  (g) be in contempt of any court, or in breach of any court order;
  
  (h) constitute a breach of racial or religious hatred or discrimination legislation;
  
  (j) constitute a breach of official secrets legislation; or
  
  (k) constitute a breach of any contractual obligation owed to any person.
3. You must ensure that Content is not and has never been the subject of any threatened or actual legal proceedings or other similar complaint.
Graphic material
1. Content must be appropriate for all persons who have access to or are likely to access the Content in.
2. Content must not depict violence in an explicit, graphic or gratuitous manner.
3. Content must not be pornographic or sexually explicit.
Factual accuracy
1. Content must not be untrue, false, inaccurate or misleading.
2. Statements of fact contained in Content and relating to persons (legal or natural) must be true; and statements of opinion contained in Content and relating to persons (legal or natural) must be reasonable, be honestly held and indicate the basis of the opinion.
Negligent advice
1. Content must not consist of or contain any legal, financial, investment, taxation, accountancy, medical or other professional advice, and you must not use the Services to provide any legal, financial, investment, taxation, accountancy, medical or other professional advisory services.
2. Content must not consist of or contain any advice, instructions or other information that may be acted upon and could, if acted upon, cause death, illness or personal injury, damage to property, or any other loss or damage.
Etiquette
1. Content must be appropriate, civil and tasteful, and accord with generally accepted standards of etiquette and behaviour on the internet.
2. Content must not be offensive, deceptive, threatening, abusive, harassing, menacing, hateful, discriminatory or inflammatory.
3. Content must not be liable to cause annoyance, inconvenience or needless anxiety.
4. You must not use the Services to send any hostile communication or any communication intended to insult, including such communications directed at a particular person or group of people.
5. You must not use the Services for the purpose of deliberately upsetting or offending others.
6. You must not unnecessarily flood the Services with material relating to a particular subject or subject area, whether alone or in conjunction with others.
7. You must ensure that Content does not duplicate other content available through the Services.
8. You must ensure that Content is appropriately categorised.
9. You should use appropriate and informative titles for all Content.
10. You must at all times be courteous and polite to other users of the Services.
Marketing and spam
1. You must not use the Services for any purpose relating to the marketing, advertising, promotion, sale or supply of any product, service or commercial offering.
2. Content must not constitute or contain spam, and you must not use the Services to store or transmit spam - which for these purposes shall include all unlawful marketing communications and unsolicited commercial communications.
3. You must not send any spam, or other marketing communications, to any person using any email address made available through the Services or that you find using the Services.
4. You must not use the Services to promote, host or operate any chain letters, Ponzi schemes, pyramid schemes, matrix programs, multi-level marketing schemes, "get rich quick" schemes or similar letters, schemes or programs.
5. You must not use the Services in any way which is liable to result in the blacklisting of any of our IP addresses.
Regulated businesses
1. You must not use the Services for any purpose relating to gambling, gaming, betting, lotteries, sweepstakes, prize competitions or any gambling-related activity.
2. You must not use the Services for any purpose relating to the offering for sale, sale or distribution of drugs or pharmaceutical.
3. You must not use the Services for any purpose relating to the offering for sale, sale or distribution of knives, guns or other weapons.
Monitoring
1. You acknowledge that we may actively monitor the Content and the use of the Services.
Data mining
1. You must not conduct any systematic or automated data scraping, data mining, data extraction or data harvesting, or other systematic or automated data collection activity, by means of or in relation to the Services.
Hyperlinks
1. You must not link to any material using or by means of the Services that would, if it were made available through the Services, breach the provisions of this Policy.
Harmful software
1. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any viruses, worms, spyware, adware or other harmful or malicious software, programs, routines, applications or technologies.
2. The Content must not contain or consist of, and you must not promote, distribute or execute by means of the Services, any software, programs, routines, applications or technologies that will or may have a material negative effect upon the performance of a computer or introduce material security risks to a computer.