TERMS AND CONDITIONS OF USE
Detailed below are the terms and conditions (the "Terms and Conditions") under which you may use www.lushia.com (the "Website"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Website and service. By using this Website, you are indicating your acceptance to us to be bound by the terms of these Terms and Conditions. We may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions. The terms "You" and "User" refer to all individuals and/or entities accessing this Website for any reason.
Use of Website Content.
We authorise you to view and download a single copy of the material on the Website solely for your personal, noncommercial use.
The contents of this Website such as text, graphics, images, logos, button icons, software and other Website content (collectively, the "Website Content"), are protected under European and other copyright and UK trademark and other laws. All Website Content is the property of Lushia.com Limited or our content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of Lushia.com and protected by copyright laws. Unauthorised use of the Website Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Website Content on any copy you make of the Website Content. You may not sell or modify the Website Content or reproduce, display, publicly perform, distribute or otherwise use the Website Content in any way for any public or commercial purpose. The use of the Website Content on any other Website or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that we create to generate any Website Content or the pages making up the Website. It is also protected by our copyright.
Acceptable Site Use.
General Rules: Users may not use the Website in order to display, transmit, distribute, store or destroy material including, without limitation, Website Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, ageist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.
Users are prohibited from violating or attempting to violate the security of the Website including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to the Website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. We will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
Specific Prohibited Uses.
The Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Website specifically prohibits the use of the Website, and all users agree not to use, or allow any party under their control to use, the Website, for any of the following:
· Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate CV (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
· Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (with no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
· Using the Website’s CV database for any purpose other than as an employer seeking employees for specific live jobs including, but not limited to, using the information in the CV database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity requires an up front or periodic payment, pays commissions only (with no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
· Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of the Website.
· Deleting or revising any material posted by any other person or entity.
· Using any device, software or routine to interfere or attempt to interfere with the proper working of the Website or any activity being conducted on this Website.
· Taking any action which imposes an unreasonable or disproportionately large load on the Website’s infrastructure.
· If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
· Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search the Website other than the search engine and search by e-mail and ‘person to employer fit’ search available from the Website and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
· Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website.
· Aggregating, copying or duplicating in any manner any of the Website Content or information available from the Website.
· Framing of or linking to any of the Website Content or information available from the Website.
· Posting jobs which require the applicant to provide information in relation to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life or (vii) age.
User Information.
When you register for the Website, you will be asked to provide us with certain information including, without limitation, a valid email address (“Your Requirements"). In addition to the terms and conditions that may be set forth in any privacy policy on this Website, you understand and agree that we may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. We will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. We reserve the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by us or by third parties. Please see our Privacy Policy for further details regarding Your Requirements.
User Submissions.
As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using the Website you agree not to, do the following things: post material that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, ageist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business; post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
We do not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
We act as a passive conduit for the online distribution and publication of user-submitted information and have no obligation to screen communications or information posted by users. If notified by a user about communications which allegedly do not conform to these Terms and Conditions, we may investigate the allegation and determine at our sole discretion whether to remove or request the removal of the communication. We have no liability or responsibility to users for performance or non-performance of such activities. We reserve the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. We may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if we believes it may create liability for us or may cause us to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of the Website, including the pin board, forums & competitions, you grant us a loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.
Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.
We appreciate hearing from our customers and welcome your comments regarding our services and the Website. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively the "Submission"), the Submission shall be property of Lushia.com Limited. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. We shall own exclusively all known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission.
Registration and Password.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration whether or not authorised by you. You agree to immediately notify us of any unauthorised use of your registration or password.
Entry in competition
By taking part in the online competition you confirm that you are 18 years or over. A minimum requirement of 50 entries will be applied per monthly competition. Should fewer than 50 entries be received in any given month the competition will be cancelled for that month only and no prize will be awarded. The draw of winning entries will take place 5 days after the competition closes. No entries will be accepted for a competition after the closing date and the judges’ decision is final. The competition will run consecutively for periods of one calendar month from 12:01am on the first day of each month until 11.59pm on the last day of the month with a new question and prize for each month throughout the year. The competition winner will be selected at random 5 days after each competition closes. No entries will be accepted for a competition after the closing date and the judges’ decision is final. A full list of winners can be obtained by contacting:
Competition Winners
Lushia.com
First Floor,
George House
36 North Hanover Street
Glasgow G1 2AD
Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright Infringement.
If you believe that your copyrighted work has been uploaded, posted or copied to this Website and is accessible on this Website in a way that constitutes copyright infringement, please notify us by providing following information:
· The physical or electronic signature of either the copyright owner or of a person authorised to act on the owner's behalf;
· A description of the copyrighted work you claim has been infringed and a description of the activity that you claim to be infringing;
· Identification of the URL or other specific location on this Website where the material or activity you claim to be infringing is located or is occurring - you must include enough information to allow us to locate the material or the activity;
· Your name, address, telephone number and, if you have one, your e-mail address;
· A statement by you that you have a good faith belief that use on the Website of the copyrighted work in the manner you are complaining of is not authorised by the copyright owner, any agent of the copyright owner or the law; and
· A statement by you, made under penalty of perjury, that the information you have provided in your notice is accurate and that you are either the copyright owner or are authorised to act on behalf of the copyright owner.
All copyright issues should be forwarded to Carol Hollier as follows
By mail:
Carol Hollier
Lushia.com
First Floor,
George House
36 North Hanover Street
Glasgow G1 2AD
By e-mail: notification@lushia.com
Need help with a job seeker issue? Contact us at https://www.lushia.com/contact-us.php
Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Intellectual Property Rights Of Others.
We respect the intellectual property of others and we ask our users, account holders and content partners to do the same. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners’ rights. As a condition to your use of this Website, you agree not to use the Website to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders and block access to our Website of any users who repeatedly infringe the copyright or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to the account holder who is terminated or to the user whose access is blocked.
Our Liability.
The Website is only a venue. This Website acts as a venue for employers to post job opportunities and candidates to post CV's and does not screen or censor the listings offered. We are not involved in the actual transaction between employers and candidates. As a result, we have no control over the quality, safety or legality of the jobs or CV's posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact with through the Website.
Because user authentication on the Internet is difficult, we cannot and do not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Website, in the event that you have a dispute with one or more users, you release us (and our employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using this Website.
The Website Content may contain inaccuracies or typographical errors. We make no representations about the accuracy, reliability, completeness or timeliness of the Website or the Website Content. The use of the Website and the Website Content is at your own risk. Changes are periodically made to the Website and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the Website. Employers are solely responsible for their postings on the Website.
We are not to be considered to be an employer with respect to your use of the Website and we shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Website.
WE DO NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEBSITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE WEBSITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.
THE WEBSITE AND THE WEBSITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. WE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIM ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR THE WEBSITE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF. WE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, WEBSITE, WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.
Disclaimer of Consequential Damages.
TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL WE, OUR SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE WEBSITE AND THE WEBSITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE ARE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Links to Other Site.
The Website contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by us of the contents on such third-party websites. We are not responsible for the content of any linked third-party website and we do not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.
No Resale or Unauthorised Commercial Use.
You agree not to resell or assign your rights or obligations under these Term and Conditions. You also agree not to make any unauthorised commercial use of the Website.
Limitation of Liability.
TO THE EXTENT PERMITTED BY LAW, OUR MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH THE WEBSITE OR YOUR USE OF THE WEBSITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED £100.
Termination.
We reserve the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and/or immediate termination of your registration with or ability to access the Website and/or any other service provided to you by us, upon any breach by you of these Terms and Conditions or if we are unable to verify or authenticate any information you submit to the Website registration.
Indemnity.
You agree to defend, indemnify and hold harmless Lushia.com Limited, its officers, directors and employees from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to the Website, (ii) any Website Content that you use or (iii) your breach of these Terms and Conditions. We shall provide notice to you promptly of any such claim, suit or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
General.
We make no claim that the Website Content may be lawfully viewed or downloaded outside of the United Kingdom. Access to the Website Content may not be legal by certain persons or in certain countries. If you access the Website from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the law of England and Wales. Jurisdiction for any claims arising under this agreement shall lie non-exclusively with the English Courts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website, a particular legal notice or software licence or material on particular pages of the Website, these Terms and Conditions constitute the entire agreement between us with respect to the use of Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.
Thank you for using Lushia.com.
