Terms & Conditions
MYWHIRLD LIMITED a company registered in England under number 9234538 and whose registered office is at 52 Norman Road, Snodland, Kent ME6 5JD (“The Company”).
The terms, “we”, “us”, “our” and “ours” refers to The Company and all properties pertaining to that of The Company.
The Company, for the purposes of this agreement, includes any subsidiary or associated company (as defined by section 736 Companies Act 1985) of The Company.
For more detailed information on the act, please go to: http://www.legislation.gov.uk/ukpga/1985/6/section/736/enacted
As a registered Candidate or Employer, you are a client or potential client of ours and are the recipient of these Terms of Business and “you”, “your” and “yours” refers to you. For the purposes of this agreement “you” includes any subsidiary or associated company (as defined by s.736 Companies Act 1985) of yours.
By accepting or requesting any services or using information from us You are deemed to accept these Terms of Business (the “Terms”), which apply to all dealings between us relating to the business described in the Terms and override any terms proposed by you unless we have such terms in writing and agreed by an executive director of The Company. Upon such acceptance, and in consideration of the mutual benefits set out herein, it is agreed as follows:
Definitions & Meanings
In these Terms the following words and phrases shall have the following meanings unless the context requires otherwise:
“Account” means the account stored on the registered user’s data base by or on behalf of the Client.
“Advertisement” means a notice designed to attract Applications from Candidates in relation to a Client’s Requirement.
“Registered Users Data Base” means an online portal provided by The Company, allowing Clients to add new Requirements, search and review Applications, and coordinate their recruitment method and process.
“Application” means a Candidate’s response to an Employer’s vacancy
“Candidate” means a person who responds to an Employer’s vacancy
“Employer” means a person, business, organisation or charity who create an account, and post a vacancy.
“Intellectual Property” means patents, trade marks, registered designs, applications for any of the foregoing, unregistered design rights, service marks, database rights, trade and business names, copyright and know-how.
“Loss” means any action, claims, costs, damages, demands, expenses (including legal expenses on a solicitor-client basis) fines, liabilities, losses or penalties.
“Material Misrepresentation” means any deliberate hiding or falsification of a material fact which, if known to us, could have significantly altered the basis of the contract.
For the avoidance of doubt, The Company is not acting as an employment agency, as defined in the Employment Agencies Act 1973. The Company is purely a media service tool and an avenue for Employers and Candidates to connect, independently. The Company represents neither the Candidate, nor the Employer transaction between either parties.
“Requirement Guidelines” means that each application and vacancy must conform to all applicable legal requirements, including in particular those relating to discrimination. It must also be stated in a manner which is decent and honest and gives a true picture of the nature of the vacancy and must accord with The Company’s acceptable use policies (which apply both to the content and to the nature of the position). In addition, each application and vacancy must be in English. Salary or hourly pay must be expressed in GBP (Pound Sterling and written as £)
All vacancies must contain, at least, the following information:
- Job Title
- Salary/hourly wage
- Hours of work, including information about part-time working and job-sharing
- Location(s) at which the Applicant will need to work (these should be exact rather than generic)
- Term of the engagement (whether permanent or fixed term, and if fixed term, the length of the term and any potential renewals)
- A description of the role
- Necessary or desirable qualifications and experience
“Service” means any service that The Company provides to its registered users, under the terms of their contract.
“User” means any person, registered as a Candidate or any persons acting on behalf of an Employer and authorised by the Employer to use the Employer’s Account.
All references to a statutory provision shall be construed as including references to:
- Any statute, modification, consolidation or re-enactment (whether before or after the date of this Agreement) for the time being in force;
- All statutory instruments or orders made pursuant to it; and, Any statutory provisions of which it is a consolidation, re-enactment or modification.
The Services provided to the Employer are provided solely for their internal business use.
Registered users may not resell or sub-license the Services, provide them on a service bureau basis or otherwise make them available directly or indirectly for the benefit of any third parties. This includes allowing a third party to access the Employer or Candidate’s Account.
The Company reserves the right to amend these Terms and Conditions from time to time. Registered users will be notified of any changes by email and will be available under the Terms and Conditions link and continued use of the Services after the provision of such notice, will constitute acceptance of the revised terms.