Employer Terms & Conditions

CREATIVE OPPORTUNITIES WEBSITE TERMS OF USE – RECRUITERS

These terms and conditions ("Terms") apply to you if you use the Website (as defined below) as an Organisation or Recruiter (as defined below). If you are an Opportunity Seeker (as defined below) and not an Organisation or Recruiter, you will be subject to UAL's general terms of use which can be accessed here.

By using the Website, you agree to be bound by these Terms. If you do not agree to these Terms, you must not use the Website.

1. DEFINITIONS AND INTERPRETATION

1.1 In these Terms, the following words and expressions have the following meanings:

“Banner Advert” means the display of a Posting as a square banner (250x250 pixels) displayed on the homepage the Website;

“Banner Advert Service” means UAL’s service for the display of a Banner Advert on the Website as further described in paragraph 9.6;

“Feature Ad Service" means UAL's enhanced service for the display of Postings, as further described in paragraph 9.5;

"Opportunity Seekers" means users who use the Website to browse and apply for Opportunities;

"Opportunity" means any employment opportunity,internship, volunteer work, scholarships, competitions and the like which is advertised or listed on the Website by you or on your behalf;

"Organisation"means any of the following:

(a) a User who uses the Website to advertise Opportunities on its own account in relation to Opportunities within its own organisation and, where the context so requires, any employee or other representative of an Organisation who use sthe Website on the Organisation’s behalf;

(b) or non-profit recruitment agencies; or

"Posting" means any advertisement for or description of an Opportunity which is posted, uploaded or submitted on or to the Website by you or on your behalf;

"Recruiter" means a User which is a for-profit entity that uses the Website to advertise and recruit for Opportunities as an agent operating on behalf of a third party;

"Services" means the Standard Service, the Feature Ad Serviceand Banner Advert Service provided by UAL to Organisations and Recruiters via the Website;

“Single Post” means the placing of a Posting as a listing on a single page of the Website;

"Standard Service" means the standard service provided by UAL in relation to the publication of Postings, as further described in paragraph 9.4;

"UAL" means the University of the Arts London;

"User" means a person who uses the website, whether as a guest or a registered user, including, but not limited to, Organisations and Recruiters;

"User Content" means any information, materials, or other content that is posted, uploaded or submitted on, to or via the Website by a User, including Postings;

"You" means the Organisation or Recruiter using the Website and, where the context so requires, your employee and other personnel using the Website on your behalf;

"Your Content" means any User Content which is uploaded, posted or submitted by you, including your Postings; and

"Website" means the website at www.creativeopportunities.arts.ac.uk, which is operated by UAL.

1.2 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).

1.3 Any phrase introduced by the terms including, include, in particular or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

2. PRIVACY

UAL's privacy policy [insert link] sets out the terms on which UAL processes any personal data it collects about you. By using the Website you warrant that all data provided by you is accurate.

3. ABOUT UAL

UAL is a higher education corporation and exempt charity for the purposes of the Charity Act 1993. Its main place of business is at 272 High Holborn, London, WC1V 7EY.

4. CHANGES TO THE WEBSITE, SERVICES AND THESE TERMS

4.1 UAL may amend these Terms at any time by amending this page. Every time you wish to use the Website, please check this page from time to time to understand the terms that apply at the time, as they will be binding on you.

4.2 UAL may update the Website from time to time and the content may change. However, UAL is under no obligation to update the Website and content may be out of date at any time.

4.3 UAL may add to, modify, or discontinue any of the Services from time to time. Any modification or discontinuing of the Services will not affect any Posting uploaded to the Website prior to the modification or discontinuance.

5. ACCESS TO THE WEBSITE

5.1 Subject to the following provisions of these Terms, access to the Website is free of charge.

5.2 You acknowledge and agree that:

5.2.1 UAL does not guarantee that the Website or any content on it will always be available or uninterrupted;

5.2.2 access to the Website is on a temporary basis and UAL may suspend, withdraw, discontinue, changeor restrict the availability of all or any part of the Website without notice;

5.2.3 UAL will not be liable if for any reason the Website is unavailable at any time or for any period;

5.2.4 you are responsible for ensuring that all persons who access the Website through your internet connection comply with these Terms;

5.2.5 UAL does not guarantee that the Website or any content on it will be free from errors or omissions or viruses; and

5.2.6 UAL is committed to making its websites accessible, in accordance with the Public Sector Bodies (Websites and Mobile Applications) (No.2) Accessibility Regulations 2018. Further information can be found here.

6. REGISTRATION

6.1 To place Postings on the Website and gain access to the Services you must register to use the Website as an Organisation or Recruiter.

6.2 By registering to use the Website you warrantthat:

6.2.1 all information provided on registration is accurate, current and complete; and

6.2.2 you will promptly update UAL with any changes to your registration information, including changes to any email addresses.

6.3 If you are given or you choose a username and password for the Website then you must:

6.3.1 protect your username and password from unauthorised use;

6.3.2 treat your username or password as confidential and not disclose your username or password to anyone else, or allow anyone else to use them, or assist anyone else who is not a registered user to access areas of the Website which is restricted to registered users; and

6.3.3 notify UAL immediately if you believe your password is known to someone else or may have been used in an unauthorised way.

6.4 UAL will not be liable for any unauthorised use which is made using your username or password.

6.5 UAL has the right to disable any user identification code or password, whether chosen by you or allocated by UAL, at any time, if in UAL’s reasonable opinion you have failed to comply with any of the provisions of these Terms.

6.6 UAL reserves the right at its absolute discretion to refuse any request for registration, or to cancel any existing registration, for any reason whatsoever.

7. USE OF THE WEBSITE

7.1 You may use the Website only for lawful purposes. You must not use the Website or allow any other person to use theWebsite:

7.1.1 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;

7.1.2 to disrupt, interfere with or restrict the use of the Website by other users;

7.1.3 in any way that breaches any applicable local, national or international law or regulation;

7.1.4 in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;

7.1.5 for the purpose of harming or attempting to harm anyperson;

7.1.6 to send, knowingly receive, upload, download, use or re-use any material which does not comply with the content standards set out in these terms; or

7.1.7 to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation including spam or phishing.

7.2 You agree not to:

7.2.1 impersonate any other person or create a false identity via in connection with your use of the Website;

7.2.2 use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search the Website other than any search engine and search agents available from UAL on the Website and other than generally available third party web browsers (e.g. Microsoft Internet Explorer); or

7.2.3 reproduce, duplicate, copy or re-sell any part of the Website in breach of these terms; or

7.2.4 access without authority, interfere with, damage or disrupt:

(a) any part of the Website;

(b) any equipment or network on which the Website is stored;

(d) any equipment or network or software owned or used by any third party.

8. UPLOADING, SUBMITTING OR POSTING CONTENT

8.1 Your Content must be accurate (where it states facts), be genuinely held (where it states opinions) and comply with applicable law in the UK and any other country from which it assent.

8.2 Your Content must not:

8.2.1 be defamatory, deceptive or misleading, obscene, offensive, sexually explicit, hateful or inflammatory or be likely to harass, upset, embarrass, alarm or annoy any other person or invade any person's privacy;

8.2.2 promote discrimination on race, sex, religion, nationality, disability, sexual orientation or age, sexually explicit material, violence or any illegal activity;

8.2.3 infringe any copyright, database right or trade mark of any person;

8.2.4 breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;

8.2.5 give the impression that it emanates from UAL, if this is not the case;

8.2.6 advocate, promote, incite any party to commit, or assist any unlawful act; or

8.2.7 contain any advertising or promote any services or web links to other websites.

8.3 You warrant that Your Content will comply with the standards set out in these Terms and you will be liable to UAL and indemnify UAL against all liabilities, costs, expenses, damages and losses suffered or incurred by UAL arising out of or in connection with any breach of this warranty.

8.4 You grant the following worldwide, royalty free, perpetual, non-exclusive, transferable licences in relation to Your Content:

8.4.1 a licence for UAL to use Your Content for all purposes set out in or contemplated by these Terms, including to display the Postings; and

8.4.2 a licence for all Users to use any of Your Content which you post or otherwise make available on the Website for all purposes in connection with their use of the Website.

8.5 UAL may disclose your identity to any third party who is claiming that any of Your Content constitutes a violation of their intellectual property rights, or of their right to privacy.

8.6 UAL may, in its absolute discretion,remove all or any of Your Content from the Website if, in its opinion, it does not comply with these Terms.

8.7 You are solely responsible for securing and backing up Your Content.

9. SERVICES AND POSTINGS

9.1 UAL shall provide the Services with reasonable care and skill and in accordance with these Terms.

9.2 When you upload a Posting to the Website you acknowledge and agreethat:

9.2.1 by uploading a Posting to the Website, you are authorizing UAL to post such Posting on the Website;

9.2.2 the Posting will not appear on the Website until it has been reviewed and approved by UAL;

9.2.3 UAL reserves theright,in its absolute discretion, to decline to publish any Posting it considers to be unlawful or unsuitable for publication on theWebsite;

9.2.4 UAL's approval of any Posting will not constitute any representation or warranty in relation to its contents and you are solely responsible for the content of your Postings;

9.2.5 in the case of employment opportunities, the Posting must specify the salary payable in connection with the Opportunity; and

9.2.6 the Posting must comply with all applicable law and legal and regulatory requirements.

9.3 All Opportunities for which you place a Posting on the Website must:

9.3.1 be genuine Opportunities in relation to a specific and genuine vacancy, internship, scholarship or competition; and

9.3.2 in the case of employment opportunities, pay a guaranteed salary of not less than:

(a) where the employment opportunity is in the UK, the national minimum wage as updated from time totime;

(b) where the employment opportunity is in a country or area outside the UK that has a prescribed minimum wage which employers must legally pay to their workers, the prescribed minimum wage in that country or area as updated from time to time; or

(c) where the employment opportunity is in a country or area outside the UK that does not have a prescribed minimum wage which employers must legally pay to their workers, a salary which is in line with the market pay for similar employment opportunities within the industry or sector for that employment opportunity in that country or area.

For the avoidance of doubt, this paragraph 9.3.2 does not apply to scholarships, competitions or volunteer work.

9.4 If, when you post or upload your Posting, you select the Standard Service then your Postings will normally appear on the Website within 3 working days of receipt but UAL makes no representation or guarantee in relation to the timetable for approving and displaying the Posting and time shall not be of the essence in this regard. The Posting will be featured for fourteen (14) days, after which it will be deactivated.

9.5 If, when you post or upload your Posting, you select the Feature Ad Servicethen:

9.5.1 provided the Posting is approved by UAL, UAL shall use reasonable endeavours to publish the Posting on the Website within 1 working day of receipt and time shall not be of the essence in this regard. The Posting will be featured for fourteen (14) days, after which it will be deactivated; and

9.5.2 the Opportunity will be promoted by UAL via Twitter and, if UAL considers it appropriate, via Instagram and Mailchimp and you grant UAL all necessary consents and permissions to promote the Opportunity in thisway. The Posting will be featured for fourteen (14) days, after which it will be deactivated.

9.6 If when you post or upload your Posting, you select the Banner Advert Service then your Postings will normally appear on the Website in the form of a Banner Advert within [3] working days of receipt by UAL makes no representation or guarantee in relation to the timetable for approving the Posting and displaying the Banner Advert and time shall not be of the essence in this regard. The Banner Advert will be featured for fourteen (14) days, after which it will be deactivated.

9.7 UAL does not guarantee that the Services or the Postings will result in applications, responses or enquiries from Opportunity Seekers or that a suitable Opportunity Seeker will successfully apply for the Opportunity.

10. FEES

10.1 UAL makes the following charges for theServices:

10.1.1 if you are a Recruiter:

(a) £100 (Excluding VAT) for each Opportunity you advertise on the Website as a Single Post using the Standard Service;

(b) £180 (Excluding VAT) for each Opportunity you advertise on the Website as a Single Post using the Feature Ad Service;

10.1.2 if you are an Organisation. For the avoidance of doubt, this does not include Recruiters or any for profit entities acting as agents for third-parties:

(a) no charge for any Opportunity you advertise on the Website using the Standard Service;

(b) £180 (Excluding VAT) for each Opportunity you advertise on the Website; using the Featured Ad Service;

(the "Fees”).

10.2 The Fees are payable via UAL’s e-store

10.3 The Fees are payable in advance when you post or upload a Posting and will only be refunded if UAL declines to publish the Posting.

10.4 If you, acting reasonably, dispute any Fees, in whole or in part, then you shall promptly notify UAL in writing of any such disputed items. You and UAL shall use best endeavours to settle at the earliest possible date any such dispute and once the dispute has been resolved, any agreed adjustment shall be made either by you or UAL (as applicable) within 7 days of the date of such settlement.

10.5 Unless otherwise stated on the Website, the Fees and any other sums payable to UAL under are exclusive of all VAT and any other applicable sales taxes at the applicable rate from time to time which (if payable) shall be paid in addition by you.

10.6 UAL may change the Fees from time to time, but changes will not affect any Posting you have already uploaded.

11. OPPORTUNITY SEEKERS

11.1 Any dealings between you and any Opportunity Seeker in connection with the Opportunity and the Posting are your responsibility.

11.2 You must:

11.2.1 comply in all of your dealings with Opportunity Seekers (including during the recruitment process) with all relevant laws and regulations;

11.2.2 provide Opportunity Seekers with all information reasonably necessary to allow them to evaluate Opportunities and any offer of employment made to them; and

11.2.3 ensure that Opportunity Seekers have the necessary qualifications, licences, consentsand permissions necessary for them to undertake work for you in connection with the Opportunity.

11.3 You acknowledge and agree that it is your sole responsibility to:

11.3.1 verify the accuracy of information provide byOpportunity Seekers;

11.3.2 confirm Opportunity Seekers' identities;

11.3.3 confirm Opportunity Seekers' right to work in the United Kingdom,

and UAL makes no representation, recommendation, guarantee or promise in relation to any Opportunity Seeker or their identity, eligibility to work, qualifications, training or experience. You acknowledge and agree that UAL shall not be responsible in relation to any Opportunity Seeker and any information provided by the Opportunity Seeker.

11.4 You must not contact an Opportunity Seeker or an Opportunity Seeker's current organisation or referee without the Opportunity Seeker's prior written consent.

11.5 You must indemnify UAL against all claims, liabilities, costs, damages, expenses and other losses suffered or incurred by UAL arising out of or in connection with any claim made against UAL by a Opportunity Seeker arising as a result of or in connection with any act or omission by you or the Opportunity.

11.6 If any personal data in relation to a Opportunity Seeker is provided to you by UAL or made available to you via the Website you must:

11.6.1 process such personal data solely for the purposes of and to the extent necessary to consider an Opportunity Seeker for an Opportunity;

11.6.2 put in place and maintain appropriate and technical organisational measures to prevent unauthorized disclosure or unlawful processing of personal data and the loss or damage of or unauthorised access to such personal data; and

11.6.3 process such personal data strictly in accordance with the requirements of all applicable data protection and privacy legislation in force from time to time. In this paragraph 11.6, "personal data" and "process" shall have the meanings given to them in the UK GDPR (which shall have the meaning given to it in section 3(1) (as supplemented by section 205(4)) of the Data Protection Act 2018.

12. INTELLECTUAL PROPERTY RIGHTS

12.1 UAL is the owner or the licensee of all intellectual property rights in the Services and the Website and the material on it (other than intellectual property rights in Your Content). Those works are protected by copyright laws and treaties around the world. All such rights arereserved.

12.2 You may print off one copy, and may download extracts, of any page(s) from the Website for your personal use. You must not modify those materials in any way or use any of the illustrations, photographs, video or audio material or graphics separately from the accompanying text.UAL's status (and that of any identified contributors) as the author of content on the Website must always be acknowledged.

12.3 You must not use any part of the content of the Website (other than Your Content) for commercial purposes.

12.4 If you print off, copy or download any part of the Website in breach of these Terms, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

13. LINKING TO THE WEBSITE

13.1 You may link to the homepage of the Website provided you do so in a way which is fair and legal and does not damage UAL's reputation or suggest any form of association, approval or endorsement by UAL where none exists.

13.2 You must not establish a link to the Website in any website that is not owned by you.

13.3 The website from which you link must not contain material which, if it appeared on the Website, would be a breach of these Terms. You must not frame theWebsite on any other website,or link to any part of the Website other than the homepage.UAL reserves the right to withdraw linking permission without notice at its discretion.

14. LINKS TO OTHER WEBSITES

The Website may contain links to other websites which do not belong to UAL and which UAL has no control over. Links to other websites are provided for information only and should not be interpreted as endorsements of those websites and UAL accepts no liability for such other websites.

15. UAL'S LIABILITY

15.1 Nothing in these terms excludes or limits UAL's liability for death or personal injury arising from UAL's negligence, orUAL's fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

15.2 To the extent permitted by law, all conditions, warranties, representations or other terms of any kind whatsoever implied by statute or common law are excluded from these Terms.

15.3 UAL has no control over, and is not responsible for:

15.3.1 the content or accuracy of the User Content; or

15.3.2. any act or omission of anyOpportunity Seeker.

15.4 UAL will not be liable for any loss or damage caused by a virus, distributed denial-of- service attack,or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Website or your downloading of any content on it, or on any website linked to it. Subject to paragraph 1,

15.4.1 UAL will not be liable to you for any loss or damage, even if foreseeable, arising under or in connection with:

(a) use of, or inability to use, the Website; or

(b) use of or reliance on any User Content.

15.4.2 UAL will not be liable to you in connection with the Website or the Services for:

(a) loss of profits, sales, business, or revenue;

(b) business interruption;

(d) loss of business opportunity, goodwill or reputation; or

(e) any indirect or consequential loss or damage; and

15.4.3 UAL's maximum aggregate liability to you in respect of the Website and the Services will be the amount of the Fees (if any) that you have paid to UAL up to the point at which any claim or claims which you have against UAL arise.

15.5 The limitations on liability set out in this paragraph 15 will apply whether the liability arises in contract, tort (including negligence), breach of statutory duty, or otherwise.

16. SECURITY

16.1 You acknowledge that the transmission of information via the internet is not completely secure. Although UAL will do its best to protect Your Content, UAL does not guarantee the security of any information that you transmit to or via the Website. Any such transmission will be at your own risk.

16.2 UAL does not guarantee that the Website will be secure or free from bugs or viruses.

16.3 You are responsible for configuring your information technology, computer programmes and platform to access the Website. You should use your own virus protection software.

16.4 You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. UAL will report any such breach to the relevant law enforcement authorities and will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Website will cease immediately.

17. BREACH OF THESE TERMS

17.1 If you breach of any of these Terms, UAL may take the following action against you:

17.1.1 the immediate suspension or cancellation of your right to use the Website;

17.1.2 the immediate removal of any or all of YourContent;

17.1.3 legal proceedings against you; and

17.1.4 disclosure of such information about you to law enforcement authorities as is required by law or as UAL reasonably believe is desirable.

17.2 UAL's rights under this paragraph are in addition to any other legal rights and remedies it may have, whether under these Terms or by virtue of relevant law.

17.3 Any provision of these Terms that expressly or by implication is intended to come into or continue in force on or after termination will remain in full force and effect.

17.4 YOU AGREE TO INDEMNIFY UAL AND KEEP IT FULLY INDEMNIFIED FROM AND AGAINST ALL LIABILITIES, COSTS, EXPENSES (INCLUDING REASONABLE LEGAL EXPENSES), DAMAGES AND LOSSES ARISING OUT OF ANY BREACH BY YOU OF THESETERMS.

18. OTHER IMPORTANT TERMS

18.1 These Terms, their subject matter and formation, shall be governed by and construed in accordance with English

18.2 The Courts of England and Wales will have exclusive jurisdiction to determine any matter or dispute in connection with these Terms or the use of the Website.

18.3 Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

18.4 These Terms set out the entire agreement between you and UAL in relation to your use of the Website and the supply of the Services by UAL. You agree and acknowledge that site you have not relied on any representation, promise, representation or statement that is not set out in these Terms. These Terms apply to the exclusion of any other terms that you seek to impose or incorporate, or which are implied by law, trade custom, practice or course of dealing.

18.5 If UAL fails to insist that you perform your obligations under these Terms or does not enforce or delays in enforcing its rights under these Terms, that does not mean that UAL has waived those rights or that you do not have to comply with your obligations. If UAL does waive a default by you, it will only do so in writing and that will not mean that UAL will automatically waive any later default by you.

18.6 UAL may assign or transfer its rights and obligations under these Terms to another person.

18.7 You may only assign or transfer your rights or obligations under these Terms to another person if we agree in writing.

18.8 UAL will not be liable or responsible for any failure to perform, or delay in performance of, any of its obligations under these Terms that is caused by any act or event beyond its reasonable control.

18.9 Any notice given under or in connection with these Terms must be in writing and be delivered personally, sent by pre-paid first class post or other next working day delivery service, or email. A notice is deemed to have been received: (i) if delivered personally, on signature of a delivery receipt or at the time the notice is left at the proper address; (ii) if sent by pre-paid first class post or other next working day delivery service, at 9.00 am on the second working day after posting; or if sent by email, at 9.00 am the next working day after transmission. The provisions of this paragraph will not apply to the service of any proceedings or other documents in any legal action.

If you have any queries or comments about these Terms, you can e-mail UAL at: jobsonline@arts.ac.uk.