Terms Of Use

Workplace Doctors  (“Workplace Doctors”) provides its recruitment service (the “Service”) to you, subject to the following terms of use (the “Terms”) through its website www.workplacedoctors.co.uk (the “Site”), which may be updated by Workplace Doctors from time to time without notice to you. You should review the Terms periodically for changes.

Workplace Doctors – Privacy Policy

Registration data and certain other information about you is subject to our Privacy Policy. For more information, please see our Privacy Policy.

Dealings with Advertisers and Merchants

a) Your correspondence or business dealings with, or participation in promotions of, advertisers and merchants found on or through the Service contained on the Site, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser or merchant.

(b) To the fullest extent permitted by applicable law, you agree that:

(i) Workplace Doctors shall not be responsible or liable for any loss or damage of any kind incurred as the result of any such dealings or as the result of the presence of such advertisers and merchants on the Site; and
(ii) any orders placed by you on, and any product specifications and product availability appearing on, the Service are subject to confirmation by, and the terms and conditions of business of, the relevant merchant.

Dealings with Third Parties and Links

a) The Service may provide, or third parties may provide, links to other web sites or resources. As Workplace Doctors has no control over such sites and resources, you acknowledge and agree that Workplace Doctors is not responsible for the availability of such external sites or resources, does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources.

(b) You further acknowledge and agree that Workplace Doctors shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such site or resource.

(c) Workplace Doctors will make all reasonable efforts to ensure that the information contained in the Site is up to date and accurate.

(d) Unless explicitly stated otherwise by Workplace Doctors any dealings by you with any third parties on or through the Service on the Site shall be solely between you and that third party and Workplace Doctors shall not be responsible for any losses or damage that may arise from any such dealings.

Intellectual Property Rights

(a) You acknowledge and agree that the Service and any information presented to you through the Site and the Service contains intellectual property rights, including but not limited to copyright and trade marks and you agree not to infringe the intellectual property rights owned by Workplace Doctors as detailed in the Copyright and Trademark Notice.

(b) Except as expressly authorised by Workplace Doctors or relevant third parties, you agree not to adapt, alter, modify, rent, lease, loan, sell, distribute or create derivative works based on the Service in whole or in part any such material provided to you.

(c) You must not use any part of the content on the Site for commercial purposes without obtaining a license to do so from Workplace Doctors or Workplace Doctors’ licensors.

Rider

The Client and Candidate agree and accepts that the website contains valuable confidential and proprietary information which is the property of or the responsibility of Workplace Doctors (the Information”). This may include personal data including sensitive personal data. By accessing the Information no disclosure of the Information shall be made without the express written consent of Workplace Doctors and any unauthorised disclosure of any Information may be actionable at law.

The combination of the User ID and Password (“Password”) provided to you to access the candidate website are not to be given to any third party without the express written consent of Workplace Doctors. Any unauthorised access or disclosure of the Password shall be deemed to be a breach of these Terms of Use, including any unauthorised disclosure of Information may result in a immediate suspension of access to the website without notice.

Disclaimers

(a) Your use of the Service is at your sole risk. The Service is provided on an “as is” and “as available” basis and does not guarantee that the Service will be available or suitable for your purposes and requirements.

(b) To the fullest extent permitted by applicable law, Workplace Doctors expressly disclaims all warranties, condition and other terms of any kind, whether express or implied, including, but not limited to any implied term of merchantability, satisfactory quality, fitness for a particular purpose, and any term as to the provision of services to a standard of reasonable care and skill or as to non-infringement of any intellectual property right.

(c) Workplace Doctors uses reasonable care in compiling and presenting the information found on the Site and included in the Service, is provided purely for information and you should seek further guidance and make independent enquiries before relying upon it.

(d) The information included in the Service has been compiled from a variety of sources and is subject to change without notice.

(e) Workplace Doctors makes no warranty or representation that:

(i) the Service will meet your requirements;
(ii) the Service will be uninterrupted, timely, secure, or error-free;
(iii) the results that may be obtained from the use of the Service will be complete, accurate, up to date or reliable; and
(iv) the quality of any services, information, or other material purchased or obtained by you through the Service will meet your expectations.

(f) Workplace Doctors assumes no responsibility for the truthfulness and accuracy of any information contained within any communication sent by you to us and disclaims all liability arising from any claim, loss or damage that arise from the use of any such information.

(g) Workplace Doctors makes no representation in respect of the existence or availability of any appointment advertised on the Site.

(h) Workplace Doctors does not guarantee that any employer or client will ask for a candidate’s information, ask to interview a candidate or hire a candidate, or that any candidates will be available or will meet the needs of any employer or client.

(i) Workplace Doctors makes no representation or warranty as to the final terms and duration of any appointment obtained through the Site.

Limitation of Liability

To the fullest extent permitted by applicable laws, and except in respect of death or personal injury arising from Workplace Doctors’ negligence, Workplace Doctors hereby excludes liability for:-

(a) any claims, loss, demands or damages of any kind whatsoever with respect to the Service;

(b) any information, content, advertisements or products provided or distributed through the Service including, without limitation, special, indirect, incidental or consequential loss or damages, including loss of profits, loss of revenue, loss of business opportunities, loss of data, loss of use or otherwise and whether or not the possibility of such loss has been notified to Workplace Doctors; and

(c) the foregoing will apply whether such claims, loss or damages arise in tort, contract, negligence, under statute or otherwise.

Uploading Content to the Site

Whenever you make use of a feature that allows you to upload content to the Site, or to make contact with other users of the Site, you must comply with the content standards in these Terms. If not, you will be liable to Workplace Doctors and indemnify Workplace Doctors for any loss or damage Workplace Doctors suffer as a result of your breach of warranty.

Your uploaded content will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such content.

Workplace Doctors will not be liable to any third party, for the content or accuracy of any of your uploaded content. Workplace Doctors has the right to remove any postings you make on the Site if your post does not comply with the content standards. If any of the content uploaded by you constitutes violation of third party intellectual property rights, or their right to privacy we have the right to disclose your identity to the third party concerned.

General Information

(a) These Terms constitute the entire agreement between you and Workplace Doctors and govern your use of the Service, superseding any prior agreements between you and Workplace Doctors.

(b) The Terms and the relationship between you and Workplace Doctors shall be governed by the laws of the United Kingdom shall be submit to the exclusive jurisdiction of the English courts.

(c) Nothing in the Terms affects any liability for fraudulent misrepresentation. Any failure by Workplace Doctors to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.

Changes to these Terms

Workplace Doctors may revise these Terms of Use at any time by amending this page. Please check this page from time to time to take notice of any changes we made, as they are binding to you.

Last updated 29th June 2016.

Changes to our Site

Workplace Doctors may update this site from time to time, and may change the content at any time. However, please note that any of the content on our Site may be out of date at any given time, and we are under no obligation to update it.

Violations

Workplace Doctors recommends users who find inappropriate content to contact us immediately in order that we may remove it. In addition, we reserve the right to remove all material which we consider inappropriate or unacceptable. This includes pornographic, offensive, defamatory, illegal material(s) that is/are in any way contrary to accepted morality and behaviour.

By using our Site, you confirm that you accept these terms of use and that you agree to comply with them. If you find the Terms unacceptable, Workplace Doctors request that you leave this Site.

Applicable Law

Please note that these Terms of Use, its subject matter and its formation (and any non-contractual disputes of claim) are governed by English Law. Both you and Workplace Doctors agree to the exclusive jurisdiction of the courts of England and Wales.

Candidate – Terms and Conditions of Business

1 Acceptance of terms and conditions

A Candidate will be deemed to have accepted and agreed to these Terms and Conditions, when they submit their CV to Workplace Doctors or by virtue of their registration on our Website www.workplacedoctors.co.uk or Workplace Doctors provides Recruitment Services to the Candidate.

2 Definitions

In these Terms and Conditions, the following words will have the following meanings:

Affiliate in relation to a Party, any person that Controls, is Controlled by, or is under common Control with that Party;

Agreement the Agreement containing these Terms and Conditions;

Candidate any person who approaches Workplace Doctors, or is approached by Workplace Doctors with a view to being Introduced to its Clients for job opportunities;

Client any person, firm or company who approaches Workplace Doctors with a view to Engaging or otherwise employing a Candidate, or any person, firm or company to whom a Candidate is Introduced by Workplace Doctors

Control in relation to a Party, direct or indirect beneficial ownership of more than 50% of the share capital, stock or other participating interest carrying the right to vote or to distribution of profits of that Party, as the case may be;

Data Protection Legislation up to but excluding 25 May 2018, the Data Protection Act 1998 and thereafter (i) unless and until the GDPR is no longer directly applicable in the UK, the GDPR and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (ii) any successor legislation to the GDPR or the Data Protection Act 1998;

General Data Protection Regulation (GDPR)

The General Data Protection Regulation (GDPR) came into force on the 25th May 2018, replacing the existing data protection framework under the EU Data Protection Directive.

When you register with publicjobs.ie or submit an application for a competition, we create a computer record in your name. Information submitted with a job application is used in processing your application. Where the services of a third party are used in processing your application, it may be required to provide them with information, however all necessary precautions will be taken to ensure the security of your data. If you are successful in the recruitment and selection competition, your application may be made available to the Human Resources section of the organisation to which you have been assigned.

Engage(s) (or Engagement or Engaged) the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client;

Introduce (or Introduction) the provision to a Client of a curriculum vitae or any other details, whether written or oral, of the Candidate, whether or not the Candidate had knowledge of that Client before the Introduction;

Workplace Doctors – Consultavi LTd T/A Workplace Doctors , a company registered in England and Wales under company registration number 09247409, and whose registered office is at 51 Honey Hill Road, Bedford, Bedfordshire, MK40 4NS;

Party (or Parties) Workplace Doctors and the Candidate, and ‘Party’ will mean either one of them;

Recruitment Services the provision of recruitment services by Workplace Doctors

3 Recruitment Services

3.1 Workplace Doctors provides Recruitment Services, subject to the terms and conditions of this Agreement.

3.2 The Recruitment Services are provided to the Candidate free of charge, on the basis that Workplace Doctors may be paid a fee by its Client. In terms of a dispute by the client the candidate will be liable for any fees payable in the event that he / she is hired by the client.

3.3 Workplace Doctors does not represent, warrant or undertake to find a suitable position for the Candidate. Furthermore Workplace Doctors is under no obligation to forward a Candidate’s details to a Client where the Candidate is in Workplace Doctors reasonable opinion unsuitable.

3.4 If the recruitment process includes an online application form, Workplace Doctors may with or without the Candidates consent complete the application form on a Candidate’s behalf. In those circumstances Workplace Doctors will if required email the Candidate a list of the questions to be answered, and will use the answers provided to complete the online application form.

3.5 Workplace Doctors may review a Candidate’s CV and reserves the right but has no obligation to correct grammatical and spelling errors contained therein and redact Personal Data prior to submitting it to a Client.

3.6 Unless otherwise agreed in writing, Workplace Doctors nor the Client is responsible for any out of pocket expenses including travel, parking and accommodation incurred by the Candidate in attending an interview with a Client. For the avoidance of doubt, if a Client agrees to reimburse a Candidate in respect of interview expenses the arrangement is a private one between the Candidate and the Client.

4 Candidate obligations

4.1 The Candidate will provide Workplace Doctors with :
4.1.1 a full and accurate Curriculum Vitae;
4.1.2 copies of qualifications and membership of professional bodies (if requested);
4.1.3 full and accurate information in response to a request under clause 3.4.

4.2 The Candidate acknowledges and agrees that by submitting his Curriculum Vitae to Workplace Doctors
4.2.1 The Candidate authorises Workplace Doctors to act on his behalf for the purpose of the Recruitment Services;
4.2.2 The Candidate authorises the disclosure of his CV, and other relevant information including qualifications to Clients and prospective Clients of Workplace Doctors. Workplace Doctors will not forward your Curriculum Vitae onto a Client without your prior consent.

4.3 The Candidate will notify Workplace Doctors immediately on the occurrence of the first of the following events:
4.3.1 accepts an offer of employment from the Client; or
4.3.2 the commencement of an Engagement with a Client, including any Affiliate of the Client.
4.3.3 The Candidate will not appoint multiple agencies for his / her job prospects within 6 months of engagement with Workplace Doctors.
4.3.4 Candidate will be liable for recruitment services fees in the event that they take up employment / accept an offer of employment directly or via a third party as per client terms of business within a period of 6 months, even if they employment is due to commence outside of the obligatory period (6 months).

4.4 If requested by Workplace Doctors, a Candidate will provide names and full contact details of at least two referees whom the Candidate agrees Workplace Doctors and/or its Client may approach for the purpose of obtaining a reference for the Candidate.

4.5 The Candidate will inform Workplace Doctors immediately if he becomes aware of any circumstances which would render such Engagement detrimental to his interests or those of Workplace Doctors and/or the Client.

4.6 During the Recruitment Services, the Candidate will not engage in conduct which may have a detrimental impact on the reputation of Workplace Doctors or any Client.

4.7 The Candidate is liable for any losses incurred by Workplace Doctors, after the candidate has accepted an assignment may it be permanent, fixed term or temporary, if the candidate upon commencement of a contract is unable to complete the specified duration as per the agreed contract. The candidate is liable for any expenses, debt collection fees, solicitor costs in recovery of any outstanding amount that are not paid within 28 days of invoice to the candidate.

5 Data protection

5.1 Workplace Doctors will comply with its obligations under the Data Protection Legislation.

5.2 Further information about how we may use Candidates Personal Data can be found in our Privacy Policy

6 Warranties, liability and indemnities

6.1 It is acknowledged by the Candidate that our Client has the responsibility for review of Curriculum Vitae, the shortlisting of potential candidates for interview and any job offers.

6.2 Workplace Doctors gives no warranty as to the suitability of an Engagement for a Candidate. The Candidate will satisfy himself / herself as to the suitability of the Client as a potential employer and the suitability of the job title and job specification before attending any interview or accepting a job offer.

6.3 Workplace Doctors is not liable to the Candidate for any loss, injury, damage, expense or delay incurred or suffered by the Candidate arising directly or indirectly from or in any way connected with the Introduction to or the Engagement, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of Workplace Doctors. In particular, but without limiting the generality of the foregoing, Workplace Doctors will not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:

6.3.1 any failure of the Client to meet the Candidate’s requirements;

6.3.2 any act or omission of a Client, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise including the Client’s failure to
(a) respond or rejection of your job application,
(b) contact Workplace Doctors to confirm an interview after requesting an interview is arranged;
(c) attend a confirmed interview;
(d) provide any feedback after an interview;

6.3.3 the withdrawal by a Client of an oral or written job offer; or

6.3.4 any loss, injury, damage, expense or delay suffered by a Candidate.

6.4 Workplace Doctors is not liable to the Candidate in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by the Candidate of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill.

6.5 Except where clause 6.6 applies, Workplace Doctors liability to the Candidate shall not exceed the aggregate of the fees paid by a Client for the Introduction of a Candidate.

6.6 Notwithstanding any other provision of the Contract, the liability of Workplace Doctors shall not be limited in any way in respect of the following:
6.6.1 death or personal injury caused by negligence;
6.6.2 fraud or fraudulent misrepresentation;
6.6.3 any other losses which cannot be excluded or limited by applicable law

6.7 Each of the Parties acknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.

7 General

7.1 In this Agreement unless the context otherwise requires:
7.1.1 words importing any gender include every gender;
7.1.2 words importing the singular number include the plural number and vice versa;
7.1.3 words importing persons include firms, companies and corporations and vice versa;
7.1.4 any obligation on any Party not to do or omit to do anything is to include an obligation not to allow that thing to be done or omitted to be done;
7.1.5 the headings to the clauses paragraphs of and schedules to this Agreement are not to affect the interpretation;
7.1.6 any reference to an enactment includes reference to that enactment as amended or replaced from time to time and to any subordinate legislation or by law made under that enactment; and
7.1.7 where the word ‘including’ is used in this Agreement, it will be understood as meaning ‘including without limitation’.

7.2 Without prejudice to the other remedies or rights a Party may have, either Party may terminate this Agreement, at any time, on not less than 14 days written notice to the other Party.

7.3 No amendment or variation of this Agreement will be valid unless confirmed as agreed, in writing, by an authorised signatory of each Party.

7.4 Neither Party may assign, delegate, sub-contract, mortgage, charge or otherwise transfer any or all of its rights and obligations under this Agreement without the prior written agreement of the other Party.

7.5 This Agreement contains the whole agreement between the Parties and supersedes and replaces any prior written or oral agreements, representations or understandings between them. The Parties confirm that they have not entered into this Agreement on the basis of any representation that is not expressly incorporated into this Agreement. Nothing in this Agreement excludes liability for fraud.

7.6 This Agreement will not constitute or imply any partnership, joint venture, agency, fiduciary relationship or other relationship between the Parties other than the contractual relationship expressly provided for in this Agreement.

7.7 If any provision of this Agreement is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision will, to the extent required, be severed from this Agreement and rendered ineffective as far as possible without modifying the remaining provisions of this Agreement, and will not in any way affect any other circumstances of or the validity or enforcement of this Agreement.

7.8 For the purposes of the Contracts (Rights of Third Parties) Act 1999 this Agreement is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.

7.9 Any notice to be given under this Agreement will be in writing and will be sent by first class mail to the address of the relevant Party

8 Applicable law and jurisdiction

8.1 The validity, construction and performance of this Agreement is be governed by English law and will be subject to the exclusive jurisdiction of the English courts to which the Parties submit.