These terms and conditions set out the terms under which Macdonald & Company ("we" or "us" as appropriate) operates a website at http://www.macdonaldandcompany.com (the "Site"). By registering with the Site you ("you", the "Client" or the "Applicant" as the case may be) acknowledge that you have read and that you have agreed to be bound by these terms and conditions and to follow them at all times. If you have any questions, please let us know by emailing us.
The website terms and conditions fall under the following sub-sections:
Information On The Site
Access To The Service
Your Use Of The Site
Advertising and Promotion Services
Equal Opportunity Policy Statement
Events beyond your or our control
Suspension or termination of our service
Copyright and Trademarks
We will provide you with access to the Site. Although general access to the Site is free for Applicants, subscription, advertising and other additional services provided by us are not free and we will inform you before you subscribe to those services and make sure that the charges are clear.
The details provided by you on registration are important and must be complete and correct. You must inform us immediately of any changes to your information by emailing us.
When you register with the Site you will create a password and a username. You must not share your password or username with anyone. You will be held fully responsible for all actions and activities that take place under your password and username. If you think that someone else may know your username or password or has used them without your permission you must contact us immediately. If we have reason to think that there is likely to be a breach of security or misuse of the Service we may change your password and we will tell you as soon as practically possible.
If you are a Client, commencement and other fees, and arrangements on termination of your registration will be set out in a separate written agreement between us and you (the "Contract").
Save where otherwise agreed in writting, the terms in the Contract shall incorporate these terms and conditions.
We will respect your personal information and comply with all applicable UK data protection legislation and rules currently in force.
You undertake that all details that you provide to us for any purpose whatsoever will be complete and accurate.
If there are any changes to the details supplied by you it is your responsibility to inform us as soon as possible.
Information on the Site
The Site contains information from a number of sources. Because of the nature of electronic distribution via the internet, we do not promise that the information is accurate, up to date or complete.
The Service may provide, or third parties may provide, links to other internet sites or resources. Because we have no control over such sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. We will not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such site or resource.
The Site may be linked to other websites which are not under the control of and are not maintained by us. We are not responsible for the content of those sites. We are providing these links to you only as a convenience, and the inclusion of any link to such sites does not imply endorsement by us of those sites.
Access to the Service
We cannot guarantee that our service will be uninterrupted and error free. We are not responsible if we are unable to provide our service for any reason which we cannot control.
Your access to the Service may occasionally be restricted to allow for repairs, maintenance or introduction of new facilities or services. If this happens, we will attempt to restore the Service as soon as we reasonably can.
Your Use of the Site
You must not use the Site in a way which causes or is likely to cause the Service to be interrupted, damaged or impaired in any way.
You may retrieve and display pages from the Site and may print individual pages and store pages in electronic form for your own use.
You must not use any available bulletin boards or our services for illegal purposes or to send or use material which is offensive, abusive, indecent, defamatory, obscene, annoying or would cause anxiety or is in breach of copyright, trademark or any other rights and we reserve the right to edit or remove content that we become aware of and determine to be harmful, offensive or otherwise in violation of these terms & conditions.
You acknowledge that all information, data, text, software, sound, photographs, graphics, video, messages and other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. This means that you, and not we, are entirely responsible for all Content that you upload, post, email or otherwise transmit via the Service.
You may not publish, distribute, sell, loan, lease or transfer any Content in any manner whatsoever to any other person or entity without our prior written permission.
You agree not to use the Service to:
a. impersonate any person or entity, including, but not limited to, one of our officials, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity;
b. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service;
c. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
d. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party;
e. upload, post, email or otherwise transmit any unsolicited or unauthorised advertising, promotional materials, "junk mail", "spam", "chain letters" or "pyramid schemes";
f. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, damage, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
g. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
h. intentionally or unintentionally violate any applicable law or regulation including, but not limited to, regulations promulgated by any securities exchange;
i. collect or store personal data about other users.
You acknowledge that we do not pre-screen the Content, but that we shall have the right (but not the obligation) in our sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, we shall have the right to remove any Content that violates these terms and conditions or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.
You acknowledge and agree that we may preserve Content and may also disclose Content:
a. to our affiliated companies worldwide for the purpose of providing the Content to you in an efficient manner,
b. for the purpose of properly administering your account in accordance with our standard operating procedures or of those of our affiliated companies,
c. if required to do so by law or in the good faith belief that any such preservation or disclosure is reasonably necessary to comply with legal process; enforce these terms and conditions, respond to claims that any Content violates the rights of third-parties; or protect our rights, property, or personal safety.
You acknowledge that the technical processing and transmission of the Service, including your Content, may involve transmissions over various networks and changes to conform and adapt to technical requirements of connecting networks or devices.
It is your responsibility to obtain and maintain the equipment necessary to access and use the Site. It is your responsibility to pay all telephone and other costs associated with accessing the Service. You are also responsible for making your own back up arrangements.
You must inform us immediately if anyone makes or threatens to make a legal claim against you relating to your use of the Service. You must stop the act that is the subject of the legal claim. If we ask you to, you must confirm the details of the claim in writing. We reserve the right to forward details to the appropriate regulatory authorities, as well as the courts if we are asked to do so.
Advertising and Promotion Services
Upon acceptance by us of the advertising (the "Advertisement") or promotional material (the "Promotion") supplied by you as Client in a format specified in the Contract together with the appropriate fee (as set out in the Contract), we shall display the Advertisement or Promotion on the Site in accordance with these terms and conditions or, where indicated, the Contract.
You acknowledge and agree that:
a. any ideas, concepts, know how or techniques developed by us or obtained during the execution of the Services will be owned exclusively by us;
b. we reserve the right to charge you a fee for any additional work required to produce a banner advertisement;
c. we cannot guarantee the number of impressions for banner advertisements displayed on any pages of the service including the front page;
d. display advertisements shall only contain details of a single vacancy;
e. any Advertisements placed on the Site may be cancelled and removed following written notification from you but you will be charged for the full term as described in the Contract;
f. we have the right and sole discretion to decline to carry out any Promotion or publish or to omit, suspend or change the position of any Advertisement accepted by us; and
g. we may refuse or require to be amended any artwork, materials or copy for or relating to an Advertisement or Promotion so as to comply with the legal or moral obligations placed upon us or you or to avoid infringing a third party's rights or any statutory or regulatory requirements.
Equal Opportunity Policy Statement
Macdonald & Company endeavours to deal only with those recruiters who:
1. provide equal opportunity for all their job applicants and employees,
2. base their recruitment upon an individual's ability and job performance, and
3. exclude any consideration of an applicant's race, religious beliefs, political opinion, sex, marital status, physical handicap or age.
You must compensate us for any damage, which we suffer because of something you have done or in the event of your breach of these terms and conditions.
We provide the service without any guarantees or warranties. Whilst we try to ensure that the content of the site is correct we are not responsible if it is not correct. We do not guarantee or represent that any information, content, advertisements or any other website which you may access through our site are accurate or reliable or that it meets your requirements.
We expressly disclaim all warranties of any kind, whether express or implied, including, but not limited to the implied warranties of merchantability, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.
Any material downloaded or otherwise obtained through the use of the service is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
We do not accept responsibility for any defects which may exist, or for any costs, loss of profits, loss of data or consequences arising from your use of, or inability to access the site.
We do not accept any responsibility or liability for enabling you to link to any other website, or for the contents of any other website, whether one from which you may have been linked or to which you may link from the site, or for any consequence of your acting upon the contents of such website.
We do not accept any liability for your dealings or contracts via the service with suppliers of services, or your customers, or any other third party.
We do not accept any liability (whether in contract, tort or otherwise) for any acts or omissions resulting from your decision or opinion formed on the basis of your use of the service except for any liability caused by our negligence for death or personal injury.
Events Beyond Your or Our Control
Neither you or we shall be liable to the other for any delay or failure to comply with our respective obligations under these terms and conditions if the delay or failure arises from any course which is beyond our reasonable control, including (without limitation) any act of God, or of Government or Regulatory Authority or other internet service providers, war, terrorism or non-availability or mail functioning of a telecommunications or broadcast or other network system or service.
Suspension or Termination of Our Service
We may suspend, restrict, reduce or terminate the Service to you immediately if you breach any of these terms and in such event we will not be liable to refund any fees paid by you for the Service.
Copyright and Trademarks
All the rights in the designs and information in the Site or sent by us via email, fax, mobile phone, handheld computer or other device are owned by or licensed to us. Except as permitted under paragraph "Your use of the site" of these terms, you may not copy, reproduce, modify, distribute, republish, display, post or transmit any part of the Site without our permission.
Any communication from us to you may be sent electronically to the email address provided by you to us and shall be deemed to be received by you on transmission by us, unless we receive notice by return email to the effect that such email address does not exist or the email is otherwise undeliverable in which case we may cancel your membership.
These terms are governed by English law. Any disputes will be decided only by the English courts.