Terms and Conditions

 

BACKGROUND

These Conditions may have changed since You last visited the site, so please read through them each time You want to post Material.

This site has been designed to be directed at, and accessible by, consumers on the UK mainland. If You do not fall within this category then please e-mail Us before posting Material and We will confirm if the service is available and any revised Conditions that will apply. However, We will assume that Your local laws, if applicable, do not affect usage of either "My Career" or "Rail forum".

These terms and conditions include the Disclaimer, Privacy Policy and Security Policy that We have placed on Our site at the time of submitting Your Material ("the Conditions"). These Conditions contain details of the entire agreement between Us but nothing shall exclude liability for fraudulent misrepresentation. NOTHING IN THESE CONDITIONS AFFECTS YOUR STATUTORY RIGHTS AS A CONSUMER

 

1. DEFINITIONS

In these Conditions the above and following definitions apply:

"Us", "We"means Railstaff Select Limited of the address referred to in Our Contact Section of this site and "Our" shall be interpreted accordingly.
"You"means the person submitting any Material and "Your" shall be interpreted accordingly
"My Career"means the My Career Section of Our internet site as modified from time to time.
"Rail forum"means the community bulletin board and forum section of Our internet site as modified from time to time.
"Business Day"means any day other than Saturday, Sunday or a Public Holiday in England.
"Content"means all information, data, text, music, sound, photographs, graphics, video, messages and other material.
"CV"means the Curriculum Vitae submitted by You.
"Material"means all Content of a submission to the "My Career", "Rail forum" whether forming a CV and profile, a message, news item, comment or otherwise
"Profile"means the profile created online from some of Your Material as updated from time to time.
"Writing"includes e-mail, cable, facsimile transmission and comparable means of communication.

 

2. YOUR OBLIGATIONS

In these Conditions the above and following definitions apply:

2.1By submitting Materials to "My Career" You consent to Your Profile and agreed other Materials being read, downloaded and printed and copied into other messages and remaining on Our site at Our discretion. However, users are not allowed to reproduce such Materials in any other form nor commercialise nor otherwise publish them other than within "My Career".
2.2By submitting Materials to "Rail Forum" you consent to Your posting being publicly available for reading, downloading, printing, copying into other messages and at Our discretion remaining on Our site. However, users are not allowed to reproduce such Materials other than for personal purposes.
2.3By submitting Materials You licence all forms of copying of all or part of Your CV once made live by You and agreed other Materials on or accessible from the relevant part of Our site and waive all moral rights subject to paragraphs 2.1 and 2.2 above. You undertake to ensure that You do not send Material in breach of the rights of others.
2.4

You:


2.4.1warrant that Your registration details are correct and that you are aged 18 or over;
2.4.2agree to use "My Career" and "Rail forum" only to post Materials that are proper and relevant and not to use either to post or send any Material that is unlawful, or gives rise to civil liability or without limitation is or may in Our opinion be harassing, defamatory, libellous, abusive, threatening, harmful, vulgar, obscene, indecent, knowingly inaccurate or misleading or which gives rise to such conduct;
2.4.3AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS OURSELVES, OUR AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, CONSULTANTS AND AGENTS FROM ANY AND ALL THIRD PARTY CLAIMS, LIABILITY, DAMAGES AND/OR COSTS (INCLUDING BUT NOT LIMITED TO LEGAL FEES) ARISING FROM YOUR USE OF "MY CAREER" AND "RAIL FORUM", YOUR BREACH OF THESE CONDITIONS , FOR YOUR INFRINGEMENT OR INFRINGEMENT BY ANY OTHER USER OF YOUR E-MAIL ACCOUNT, OF ANY INTELLECTUAL PROPERTY OR OTHER RIGHT OF ANY PERSON OR ENTITY;
2.4.4understand and expressly agree that use of "My Career" and "Rail forum" is at your sole risk, that any Material and/or data downloaded or otherwise obtained through such use is at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material;
2.4.5WARRANT WHERE YOU ARE AN AGENT FOR ANOTHER THAT YOU ARE AUTHORISED TO POST THE MESSAGE WITH US ON "MY CAREER" (AGENTS MAY NOT POST ON "RAIL FORUM") AND YOU WILL INDEMNIFY US AGAINST ANY CLAIM MADE BY ANY THIRD PARTY AGAINST US ARISING FROM THE PUBLICATION OF THE MESSAGE;
2.4.6agree not to advertise or offer to sell any goods or services (other than through "My Career" in accordance with Our site) or conduct or forward surveys, consents, chain letters, pyramid schemes or be part of any spamming operation;
2.4.7agree not to download any file posted by another user of Our site that You know, or ought reasonably to know, cannot be legally distributed in that way;
2.4.8agree not to upload, post or email any content that contains computer viruses or code, files, or programs designed to interrupt, destroy or limit the functionality of any software, hardware or telecommunications equipment; and
2.4.9must keep your password private and change it on Our request.
2.5If We receive a complaint about Your Material then We shall be entitled but not obliged to temporarily turn off that Material or all Materials pending clarification and possibly permanent removal without notice to You.
2.6All postings received for "Rail forum" will be assumed to be for publication there and any further use, at our discretion, by us on a non-exclusive, royalty-free, perpetual basis.

 

3. OUR OBLIGATIONS

3.1You accept that We provide Our site facilities on an "As Is" basis without Our making a charge. In view of that, so far as the law allows, we disclaim all liability for negligence (except for death and personal injury arising from Our negligence), warranties of any kind, express or implied, including without limitation any warranty of merchantability, satisfactory quality, fitness for a particular purpose or non-infringement and all representations other than fraudulent misrepresentations or express provisions within the Conditions but make no warranty or representation regarding: 
3.1.1the results that may be obtained from use of "My Career" or "Rail forum";
3.1.2the accuracy or reliability of any information obtained through "My Career" or "Rail forum";
3.1.3any goods or services purchased or obtained through or as a result of contact through "My Career";
3.1.4transactions entered into through "My Career"; or

that "My Career" or "Rail forum" will meet any user's requirements, be uninterrupted, timely, completely secure or error free.
3.2"My Career" or "Rail forum" communications are public and not private communication. Although we reserve the right to remove without notice any posting for any reason (whether Materials have been answered or not), we have no obligation to delete content that you may find objectionable or offensive or to monitor submissions or the site for any such. The posting or continued posting of Materials on "My Career" does not imply any endorsement of such by Us.
3.3We will not be liable for any direct, indirect, incidental, special, consequential, or punitive damages of any kind resulting from the use of or the inability to use "My Career" or "Rail forum", or software associated with Our site, resulting from any goods or services purchased or obtained or Materials received or transactions entered into through "My Career", resulting from loss of, unauthorised access to or alteration of a user's transmissions or data, including but not limited to damages for loss of profits, use, data or other intangibles, even if We had been advised of the possibility of suchloss.
3.4For details of the lengths to which We have gone to avoid disclosure of Your private details, see Our Privacy Policy but unless We have been negligent WE WILL NOT BE LIABLE FOR LOSSES RESULTING FROM UNAUTHORISED ACCESS TO INFORMATION PROVIDED BY YOU.

 

4. GENERAL

4.1The headings in these Conditions shall not affect the interpretation of the Conditions.
4.2No variation or amendment of these Conditions or oral promise, advice, recommendation or commitment related to it shall be valid unless confirmed in Writing by Us or uploaded and displayed by and for Us on this site.
4.3No waiver by Us of any breach of the Conditions by You should be considered as a waiver of any subsequent breach of the same or any other provision.
4.4If any provision of the Conditions is held by a competent authority to be invalid or unenforceable in whole or in part the validity of the rest of them and all other provisions of such shall not be affected.

 

5. LAW AND JURISDICTION

5.1The Conditions shall be governed by English law.
5.2You hereby consent to the jurisdiction of the English Courts in all matters regarding it.
5.3A person who is not a party to this arrangement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any as part of this arrangement.
5.4Notices under these Conditions shall be given in Writing as if the Distance Selling Regulations applied (even if You are not a consumer).