NurseryJobs.co.uk - User Terms


1. These User Terms

1.1 In accordance with the following user terms ("User Terms"), Asterbridge Technologies Limited, a UK registered company, registration number 07078731, (who owns and operates NurseryJobs.co.uk) ("Asterbridge") grant to you as an authorised user ("you") of this NurseryJobs.co.uk web site ("NurseryJobs Site") certain rights (as set out below) and in return you agree to perform certain obligations.

1.2 Please read these User Terms carefully. They are a legal document and, by your use of the NurseryJobs Site, you agree to be bound by these User Terms.

1.3 These User Terms should be read in conjunction with Asterbridge's Privacy Policy. The terms and conditions of the Privacy Policy shall apply in respect of your use of the NurseryJobs Site. If you are advertising any goods and/or services on the NurseryJobs Site via the internet, you should read our Advertising Terms

1.4 If you do not agree with these User Terms and do not wish to be bound by them, please exit this NurseryJobs Site and do not use the NurseryJobs Site in the future.

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2. Licence to Use Material on the NurseryJobs Site

2.1 Asterbridge grants to you a personal, non-exclusive, non-transferable, royalty-free licence to use all the material on the NurseryJobs Site (including but not limited to: software, documentation, text, pictures, sounds, graphics, articles, video or audio clips, and advertising material) ('Asterbridge Material') on the basis set out in Clause 2.2.

2.2 You are entitled to view, copy, print, access, download and transmit (for the purposes expressly permitted in these User Terms) and store the Asterbridge Material for your own personal, non-commercial use provided that you do not:

2.2.1 remove any notices relating to the ownership of copyright or other intellectual property rights in the Asterbridge Material;

2.2.2 modify, translate, reverse engineer, reproduce, decompile, disassemble (except as expressly permitted by law) or create derivative works of any of the Asterbridge Material;

2.2.3 rent, lease, sub-licence, loan, copy or give or transfer any rights in the Asterbridge Material in any form, to any person or entity without the prior written consent of Asterbridge.

2.3 Any product, process or technology referred to in the Asterbridge Material may be subject to other intellectual property rights of Asterbridge and are not made available hereunder.

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3. Ownership of Intellectual Property Rights

3.1 Notwithstanding the limited rights granted to you in accordance with Clause 2, Asterbridge retains all ownership, title and interest in the intellectual property rights contained in the Asterbridge Material including but not limited to copyright, database rights, trade marks, patents, service marks, design rights (whether registerable or otherwise) know-how, trade or business names, domain names, goodwill associated with any of the foregoing and other similar rights or obligations whether registerable or not in any jurisdiction in the world.

3.2 The NurseryJobs Site and the NurseryJobs Site logo are trademarks or registered trademarks of Asterbridge. All other product names and company logos mentioned in the information, documents or other items provided or available herein may be the trademarks of their respective owners.

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4. Duration of User Terms and Termination

4.1 These User Terms are binding upon you immediately. You accept them by your use of this Web Site, and they will remain in force until the earlier of the following:

4.1.1 you breach any of the terms of the licence granted to you in accordance with Clause 2;

4.1.2 Asterbridge terminates these User Terms by notice to you at any time in accordance with Clause 9.1; or

4.1.3 you terminate these User Terms by notice to Asterbridge at any time.

4.2 In the event that these User Terms are terminated for any of the reasons stated above, you agree to comply with the following obligations:

4.2.1 the licence granted to you in accordance with Clause 2 shall be terminated forthwith and you shall have no further rights to use the Asterbridge Material;

4.2.2 you must delete or destroy any of the Asterbridge Material stored by you in electronic or hard copy form as soon as reasonably practicable; and

4.2.3 you will have no further rights to access or use the NurseryJobs Site or any of the services provided on the NurseryJobs Site.

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5. Asterbridge's Responsibilities

5.1 Asterbridge undertakes to use commercially reasonable endeavours to prevent breaches of security of the NurseryJobs Site.

5.2 The NurseryJobs Site is provided by Asterbridge on an "as is" and "as and when available" basis to you. You use the NurseryJobs Site at your own risk.

5.3 Asterbridge makes no representation or warranty that the NurseryJobs Site or services offered via the NurseryJobs Site will be accessible, or useable by you or error free. Asterbridge uses reasonable efforts to include accurate and up-to-date information on the NurseryJobs Site. The information, documents or other items provided or available on this NurseryJobs Site could include technical inaccuracies or typographical errors. Asterbridge makes no warranties or representations as to its accuracy. Asterbridge assumes no liability or responsibility for any errors or omissions in the content on the NurseryJobs Site.

5.4 Asterbridge is not an agent for and does not represent those persons, companies and other organisations whose goods or services may be displayed or referred to on the NurseryJobs Site.

5.5 The advertisements placed on the NurseryJobs Site by you or any other third party do not constitute any part of an offer or contract. Asterbridge makes no warranty or representation that the jobs and/or items advertised via the NurseryJobs Site are offered:

(i) free of encumbrance, charge or any other unexpired right in the item; or

(ii) that such advertising is a statement or representation of fact.

You should carry out any checks or searches that may reveal faults in the title or suitability of the job for your own purposes and receive independent advice before you apply to such jobs and/or items.

5.6 Asterbridge reserves the right, without notice to you, to remove any Asterbridge Material from the NurseryJobs Site or to suspend or alter the operation of the NurseryJobs Site or any of the services on the NurseryJobs Site, at its sole discretion or for legal or technical reasons. Asterbridge will give you as much notice as possible prior to taking any of the actions described in this Clause, but prior notice may not always be feasible for a variety of reasons. Asterbridge may make improvements and/or changes to the information or documents provided or available on this NurseryJobs Site at any time.

5.7 Asterbridge may make available to you information based on the opinion of Asterbridge or on the opinion of an affiliate of Asterbridge. You should not rely upon any such opinion as a recommendation by Asterbridge of the goods or services available of the NurseryJobs Site. Professional advice should be sought before applying to any job and/or purchasing any item on the NurseryJobs Site or before entering into any legally binding agreement.

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6. Your Responsibilities

6.1 You agree that you are responsible for the security and use of any user names or passwords needed to access or use the NurseryJobs Site or any of the services on the NurseryJobs Site. You must take all reasonable steps to ensure that these user names and passwords are kept confidential and secure and you do not allow any unauthorised person to access the NurseryJobs Site or any of the services on the NurseryJobs Site using your user name or password.

6.2 You agree that you will not use the NurseryJobs Site or any of the services on the NurseryJobs Site as follows:

6.2.1 to send, receive, upload, download, store, use, distribute or publish any material that is offensive, abusive, indecent, defamatory, obscene, or in breach of any other person's Intellectual Property Rights or breaches any obligation of confidentiality by which you are bound;

6.2.2 to send or distribute multiple unsolicited emails or messages (i.e. 'spam') or to cause any other person annoyance, inconvenience or worry;

6.2.3 for any purposes connected to any business, including sending any unsolicited advertisements or promotional material.

6.3 You agree to indemnify Asterbridge against any claims, costs, expenses or legal proceedings caused as a result of your use of the NurseryJobs Site or the services on the NurseryJobs Site in contravention of Clauses 6.1 and 6.2. Further, in these circumstances, Asterbridge shall be entitled to treat the contravention as a material breach of these User Terms and terminate the User Terms and any access permission granted to you by Asterbridge forthwith, without notice to you.

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7. Disclaimers

7.1 While every effort has been made to ensure the accuracy of all information contained on this NurseryJobs Site and to update it regularly, Asterbridge disclaims any duty or obligation to update the information herein and any liability for any inaccuracies. You should check to see if more recent information is available.

7.2 Asterbridge has used its discretion, best judgement and all reasonable efforts in collecting and preparing the information, documents (including copy, graphics, pictures, etc.) or other items provided or available on this NurseryJobs Site, but any such information, document or other item is provided or available without any warranty of any kind, either expressed or implied, including, but not limited to, warranties of completeness, accuracy, fitness for a particular purpose, or non-infringement of any intellectual property rights. Asterbridge hereby disclaims any liability to any person for any kind of loss or damage including, but not limited to, any special, incidental, indirect or consequential damages caused by errors or omissions in the information, documents or other items provided or available herein, whether such errors or omissions result from negligence, accident or any other cause.

7.3 Your use and browsing of the NurseryJobs Site is at your risk. Neither Asterbridge nor any other party involved in creating, producing, or delivering the NurseryJobs Site is liable for any direct, incidental, consequential, indirect, or punitive damages arising out of your access to, or use of, the NurseryJobs Site.

7.4 Whilst Asterbridge has used all reasonable efforts in maintaining this NurseryJobs Site virus free, it declines any liability for personal or property damage, especially direct, indirect, immediate or subsequent pecuniary loss, which may result from transmission or downloading of computer viruses. Especially excluded is liability for hardware damage, loss of data, alteration of data, or downtime.

7.5 This NurseryJobs Site may contain links or references to third party materials and web sites that are controlled and operated by parties other than Asterbridge. The links will let you leave the NurseryJobs Site and Asterbridge is not responsible for any contents of third party materials, any linked site or any link contained in a linked site. The inclusion of any reference or link on the NurseryJobs Site does not imply endorsement, publication, permission or authorisation by Asterbridge of the linked site. If you decide to access linked third party web sites or materials, you do so entirely at your own risk. Asterbridge is providing these links and references only as a convenience. You should read the applicable user terms and privacy policy of the linked third party web site before entering into an agreement with or purchasing from the third party, linked to the NurseryJobs Site.

7.6 Asterbridge is not and will not be a party to, or responsible for, any transaction concerning items advertised for sale on the NurseryJobs Site. All agreements are entered into by you and the third party advertiser and/or third party providing the goods and/or services only.

7.7 The express terms of these User Terms are in lieu of all warranties, conditions, undertakings, terms, and obligations implied by statute, common law, usage, course of dealing or otherwise, all of which are excluded to the fullest extent permitted by law.

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8. Notices

8.1 You may send a legal notice to Asterbridge, or any questions you may have concerning these User Terms by e-mail to support@Asterbridge.co.uk. Such notices will be effective within 3 days of receipt by Asterbridge.

8.2 Asterbridge may send you notice by general notice on this NurseryJobs Site, or by email to your email address on record with Asterbridge. Such notice will be effective 1 day from the date it was sent.

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9. General

9.1 Asterbridge reserves the right to add to or change the terms of these User Terms in its sole discretion without your prior consent. All changes to the User Terms will be effective once posted on the NurseryJobs Site. Asterbridge will provide notice on the NurseryJobs Site of any changes to the User Terms for 30 days after Asterbridge has posted the amended User Terms on the NurseryJobs Site. Your continued use of the NurseryJobs Site or any of Asterbridge's services available on the NurseryJobs Site following Asterbridge's posting of such changes will be regarded by Asterbridge as acceptance of the amended User Terms. If you do not agree to be bound by the amended User Terms you should exit the NurseryJobs Site and not access or use any of Asterbridge's services on the NurseryJobs Site in the future.

9.2 No variation or amendment to these User Terms by you is valid unless otherwise agreed by Trageted in writing and signed by a duly authorised representative of Asterbridge and you.

9.3 If any part of these User Terms are held by a court of competent jurisdiction to be unenforceable, the validity of the remainder of these User Terms will not be affected.

9.4 Your use of the internet is solely at your risk and subject to all applicable laws, and Asterbridge has no responsibility for any information, software, services or other materials accessed or obtained by you using the internet. Asterbridge does not assume any liability for timely, trouble-free and uninterrupted access to the internet.

9.5 These User Terms do not affect any consumer rights that you may have under the provisions of any applicable law or regulation.

9.6 These User Terms shall be governed by the laws of England, and subject to the non-exclusive jurisdiction of the English Courts Asterbridge makes no representation that any information, materials or functions included are appropriate for use in any other jurisdiction. If you access the NurseryJobs Site you do so on your own initiative and are responsible for compliance with applicable local laws and regulations.

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