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Terms and Conditions

Last updated: 23 August 2018

Welcome to nthuse! Thank you for visiting www.nthuse.com (the ‘Site’).

What is nthuse? nthuse enables employers to:

Our Terms and Conditions: These terms and conditions (and any documents referred to in them and any additional terms on the Site) (‘Terms and Conditions’) set out the basis on which we provide nthuse and any associated materials and services via our Site.

You should print a copy of these Terms and Conditions for future reference.

These Terms and Conditions apply to any individual user of the Site together with any person or entity for whose benefit the Site is used (e.g. the employer of the direct user). By using our Site, you are agreeing to be legally bound by these Terms and Conditions. By using our Site for the benefit of someone else, you are warranting to us that you have full permission to do so on their behalf and that they have agreed to such use and to be bound by these Terms and Conditions. Other services (e.g. design, training and consultancy) may be available by direct negotiation on separate contractual terms. In the absence of any alternative contract between us, these Terms and Conditions shall apply.

About us: The Site is operated by a trading division of Madgex Limited (‘us’, ‘we’, or ‘nthuse’). We are a private limited company incorporated in England and Wales under company number 04095107 with our registered office at One, Gloucester Place, Brighton, East Sussex, BN1 4AA. Our contact details are published on the Site.

The Site may incorporate functionality or integrate with services provided by our international group of companies and/or third-party service providers.

Who can use nthuse: The Site is provided on a commercial basis to employers for creating and publishing their own employer-branded job ads (“nthuse Job Ads”). It may also be utilised by agencies acting on behalf of their employer clients. It is not intended for individual personal use.

Setting up an nthuse Account: It is free to register for an nthuse account (‘Account’). You should set up your Account in the name of the employer placing the nthuse Job Ads and follow the online instructions. You will be asked to nominate a lead individual to control the account, who will be able to invite additional individuals into the account. Each individual user will have their own login details. Logins are non-transferrable and may not be shared. If we find out that logins have been shared, we shall be entitled to suspend or terminate your use of the Site and/or delete your account at our sole discretion.

Designing your nthuse Job Ads: Once we have confirmed your Account registration, you will have access to the nthuse application. This will invite you to input your employer website URL and use our unique functionality to quickly and easily populate your Account with your own content (e.g. images, text, font, videos etc). You will then be ready to create an nthuse Job Ad using the online design and publishing tools.

Publishing your nthuse Job Ads: Your nthuse Job Ad can be published and/or distributed in two ways, subject to applicable charges:

Duration of your nthuse Job Ad: You will be able to set a closing date for your nthuse Job Ad, at which point the ‘apply now’ link button will be removed. Your nthuse Ad Posting will remain visible after this for the duration stated on the Site. The duration of any Network Ad Posting will vary and is set by Network Partners.

nthuse payment terms: The Site sets out our charges and any other specific payment terms that apply. By using the Site, you are agreeing to pay the published charges and any additional terms of sale stated on the Site for your purchases. We may change our prevailing charges on the Site at any time in our sole discretion, which changes shall be applied immediately to all future purchases. We reserve the right to reject or cancel any purchase via the Site at any time for any reason by refunding your payment as your sole remedy. All amounts are subject to the applicable value added tax at the time of purchase and will be shown on your invoice.

How to pay: Our charges are as displayed on the Site in £GBP. You can pay nthuse charges in two ways:

Refunds: Due to the nature of our services, nthuse charges are normally non-refundable except as follows:

Closing your Account: You may close your Account at any time by following the online procedure. We may also close your Account at our discretion if it has not been used for a long period but will contact you before doing so.

Network Partners: All Network Partners are third-parties. We do not contract with you on their behalf (or vice versa) as agents. Your contract with nthuse is restricted to the provision of our Site. You will contract with Network Partners directly in relation to their own services on their own terms and conditions. They will have their own eligibility and approval criteria and processes for your Network Ad Postings. The facility in our Site to link your Account with your selected Network Partners is provided for your convenience.

Warranty: By making any purchase via the Site, you warrant that you are entitled to do so and that all the payment information you provide is wholly accurate. You shall be responsible for all applicable taxes and duties for your purchase and use of the Site in your location, which will be added to your invoice where applicable. By making any purchase via our Site, you also warrant that (a) you are legally capable of and fully authorised to enter into a binding contract with us; and (b) you are at least 18 years old; and (c) you are making your purchase in the course of a business and not as a consumer.

Intellectual property statement: The Site comprises and contains valuable intellectual property belonging to us and/or our licensors and is protected by copyright, trade mark, patents or other intellectual property rights which shall remain with us and/or our licensors. nthuse™ and Madgex™ are our trade marks and may not be used in the course of trade without our prior written authorisation. You shall not utilise such intellectual property except as is expressly permitted in these Terms and Conditions.

General permission to use the Site: For the purposes of general browsing of our Site without a setting up an account, we allow you to store on your computer, or print out extracts from, the pages of our Site provided it is for your internal business use only. Any other reproduction, adaptation, distribution or storage, in whole or in part, is prohibited unless with our prior written authorisation.

Account licence: Setting up an nthuse Account entitles you to a limited, non-exclusive, non-transferrable, revocable, worldwide licence to use our intellectual property rights in the Site solely for normal use of the Site for your genuine business purposes in accordance with these Terms and Conditions for the duration of your Account. You agree not to use, access, sell, resell, license, duplicate, copy or use any portion of this Site for any other commercial purposes.

Third-party trade marks: Where we refer to third-party trade marks (such as Facebook™, Twitter™ or third-party job board brands) we do so in an editorial context only and any such use shall not be construed as indicating any trade association between nthuse and such third parties. You shall not make any unauthorised use of third-party trade marks without the owners’ express permission.

Your intellectual property responsibilities: Please note that the Site contains functionality that enables the automated collection and compilation of copyright materials from external sites selected by you. For example, if you input your employer website URL, our functionality will identify, copy and populate your nthuse dashboard with selected materials for use in creating your nthuse Job Ads. You can also upload additional materials and content to the Site. By inputting any external URL into our Site and/or uploading any materials or content for these purposes, you are confirming that you have all necessary permissions for us to use the same, including permission to visit the URL to collect and utilise the relevant materials for these purposes. You hereby grant to us and our Network Partners a non-exclusive, royalty-free, worldwide, perpetual licence in any format to use these intellectual property rights as is reasonable and appropriate in the provision of the Site to you and the publication of your nthuse Job Ads. You also agree that we may use anonymised, non-personally identifiable data in aggregated form for our reasonable purposes, including analysing and developing the Site, analytics, reports, marketing and other commercial purposes. You also agree that we may promote your current published nthuse Job Ads via the Site at our discretion.

Advertising Rules: We require all nthuse Job Ads to comply with the guidelines below (‘Advertising Rules’). Please note that Network Partners publishing your nthuse Job Ads may have their own rules, which will apply in addition. Your licence to use our Site is conditional on your strict compliance with our Advertising Rules at all times. We may suspend or cancel your use of the Site at any time, remove your nthuse Job Ads, delete your Account or content and block your future use of the Site if we consider that you have breached these Advertising Rules or these Terms and Conditions. No refunds will be payable where we do so. In serious cases, we shall also be free to report any abuse of these Advertising Rules to any relevant authority or third-party in our discretion and cooperate with any relevant investigation.

The Advertising Rules require that your nthuse Job Ads and your use of the Site must be as follows:

Complaints Procedure: We do not warrant or represent that we, or users of our Site, will not breach our Advertising Rules, but we will respond to complaints in this regard promptly and diligently. If you become aware of or suspect any alleged problem, please follow the procedure set out below (‘Complaints Procedure’) by providing written notification to info@nthuse.com or by post to nthuse.com, c/o Madgex Limited, One Gloucester Place, Brighton BN1 4AA as follows and we will respond appropriately:

Changes to Site features: The Site may develop and change over time. We, and (as applicable) our Network Partners, may amend, update, add to, replace or withdraw elements of our Site at any time at our sole discretion except to the extent that you have already paid for them.

Availability: While we try to ensure that our Site is normally available 24 hours a day, we shall not be liable if for any reason our Site is unavailable at any time or for any period. Temporary interruptions of the Site may occur and access to our Site may be dependent on your own and any third-party equipment, software and communications networks, or other issues which are beyond our control. We are also dependent on third-parties to support certain functionality within or integrated with the Site. No warranties or liability is accepted for the performance of or availability of services provided via such third-parties or our Network Partners.

Third-party hosting: The Site is hosted by us for your convenience. We are not a hosting service provider and are reliant on hosting services purchased by us on the open market. Our choice of hosting service provider is at our sole discretion although we shall aim to select a provider with appropriate expertise and service levels to ensure a reasonable hosting environment for the Services which complies with these Terms and Conditions.

Site security: When you are allocated a username or secure login details for restricted areas on our Site, it shall be your sole responsibility to maintain the security of all such access details. You may not share your login or allow anyone else to log into our Site using your details and you shall be solely responsible for any act or omission under access to our Site via your login details. Please tell us immediately if you believe or suspect that your logins or the security of our Site has been compromised in any way. We may immediately suspend or terminate your use and access to the Site and Services if we know or suspect that there has been any breach in security.

Confidential Information: Subject to our Privacy Policy, you and we will treat any correspondence and other communications or information passed between us in connection with our Site as confidential and proprietary to the disclosing party to the extent that the same is either marked as confidential or should reasonably be considered to be confidential and is not (i) reasonably required to be disclosed by us in the course of performing our obligations and providing the Site to you; (ii) already in the public domain, (iii) already known or obtained by the recipient independently, (iv) independently created or developed by the recipient or (v) required by law to be disclosed. We shall be entitled to publish the brand names of our nthuse Account holders, in accordance with honest trade practices, provided that we do not give the impression of any wider association between us or imply any endorsement by you of the Services. Any rights not expressly granted in these Terms and Conditions are reserved.

Data Protection and Privacy Policy: The provisions of our Privacy Policy shall be incorporated into these Terms and Conditions in relation to our collection, processing and sharing of personally identifiable information in connection with the Site. As an Account holder, your details will be entered into our customer database. We will use your details to communicate with you as is necessary and legitimate in relation to your nthuse Account. We will only send marketing and unsolicited, non-service communications to you if you have asked us to so do. You can manage your contact preferences using your nthuse dashboard or contact info@nthuse.com.

Links to third-party sites: Except as set out below in relation to our Network Partners, links to other sites from this Site are for information and convenience only. We do not control, monitor or verify such third-party sites or information on them and, accordingly we accept no responsibility or liability arising from your access to any third-party site which is linked from or referred to on this Site. The inclusion of such a link or reference does not imply any endorsement of, or association with, the third-party or their site, express or implied.

DISCLAIMERS: THIS SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. YOUR USE OF OUR SITE IS ENTIRELY AT YOUR OWN RISK AND YOU SHALL BE SOLELY RESPONSIBLE FOR THE RESULTS OF USING OUR SITE AND SERVICES. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT THE SITE IS OF SATISFACTORY QUALITY, WILL BE APPROPRIATE FOR YOU OR FIT FOR ANY PURPOSE, WILL SERVE YOUR REQUIREMENTS, OR THAT IT WILL BE AVAILABLE, SECURE, ACCURATE, VIRUS OR ERROR-FREE, RELIABLE OR EFFECTIVE.

WHEN AGREEING TO THESE TERMS AND CONDITIONS YOU ACKNOWLEDGE THAT YOU HAVE NOT RELIED ON ANY REPRESENTATION, UNDERTAKING OR PROMISE GIVEN BY OR US OR ON OUR BEHALF EXCEPT AS EXPRESSLY STATED IN THESE TERMS AND CONDITIONS. WE SHALL HAVE NO RESPONSIBILITY FOR ANY STATEMENT MADE, WHETHER ORALLY OR IN WRITING, PRIOR TO THE DATE ON WHICH YOU FIRST ENTERED INTO A CONTRACT WITH US (UNLESS PROVEN TO HAVE BEEN MADE FRAUDULENTLY).

WITHOUT LIMITING THE FOREGOING, WE WILL TAKE REASONABLE CARE TO ENSURE THAT ALL DETAILS AND SERVICE DESCRIPTIONS APPEARING ON THE SITE ARE ACCURATE AND CORRECT AT THE TIME WHEN THE RELEVANT INFORMATION IS PUBLISHED. WE AIM TO KEEP THE SITE REASONABLY UP TO DATE HOWEVER DESCRIPTIONS ON THIS SITE MAY VARY FROM THE SERVICES AVAILABLE AND AS UPDATED FROM TIME TO TIME. NO WARRANTY IS GIVEN AS TO THE ACCURACY OR COMPLETENESS OF THE INFORMATION ON THE SITE.

ANY RATINGS OR MEASUREMENT OF TRAFFIC OR OTHER DATA PROVIDED ON THE SITE ARE PROVIDED FOR CONVENIENCE ONLY AS AN AID TO INTERPRETION AND ARE SUBJECTIVE.

THIS SITE IS PROVIDED FROM THE UNITED KINGDOM AND ALTHOUGH IT MAY BE ACCESSIBLE WORLDWIDE THIS DOES NOT IMPLY ANY REPRESENTATION OR WARRANTY THAT THE SITE OR SERVICES ARE LEGAL OR APPROPRIATE FOR USE IN OTHER COUNTRIES.

Indemnity: In addition to and without limiting your liability under these Terms and Conditions, you hereby agree to defend, indemnify and hold us harmless for all liabilities, claims, and expenses, including legal fees and costs that arise from any breach of these Terms and Conditions by you. Without limiting this indemnity, we may opt to take over conduct of our own defence of any claim or liability, in which event you will cooperate with us fully in any legal dispute or proceedings.

LIMITATION OF LIABILITY: YOU ACKNOWLEDGE AND AGREE THAT, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, IN NO EVENT WILL WE OR OUR AFFILIATES, INCLUDING, WITHOUT LIMITATION, THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, SUCCESSORS AND ASSIGNS, BE LIABLE TO YOU OR ANY OTHER PARTY FOR ANY DIRECT OR INDIRECT LOSS, DAMAGE, COST, EXPENSE OR LIABILITY OF ANY KIND ("LOSS") ARISING IN ANY WAY OUT OF OR IN CONNECTION WITH THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SITE, INCLUDING (WITHOUT LIMITATION): (i) DAMAGES FOR BUSINESS INTERRUPTION, LOSS OF BUSINESS AND OTHER PROFITS, LOSS OF PROGRAMS, COST OF REPLACING EQUIPMENT OR SOFTWARE OR LOSS OF RECORDS, INFORMATION OR DATA, LOSS OF USE OF DATA, LOSS OF REVENUE, LOSS OF GOODWILL, LOSS OF CUSTOMERS, LOSS OF OR DAMAGE TO REPUTATION, LOSS OF CAPITAL, DOWNTIME COSTS, LOSS UNDER OR IN RELATION TO ANY OTHER CONTRACT, OR LOSS OF ANTICIPATED SAVINGS OR BENEFITS; (ii) ANY INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS; OR (iii) ANY LOSS ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SITE. THE EXCLUSION OF LIABILITY IN THIS SECTION APPLIES EVEN IF WE SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS.

OUR ENTIRE LIABILITY TO YOU SHALL BE LIMITED TO THE SUMS PAID BY YOU TO US IN RESPECT OF YOUR USE OF THE SITE DURING THE SIX-MONTH PERIOD PRIOR TO ANY CLAIM NOTIFIED BY YOU TO US. ALL COMPLAINTS, DISPUTES AND CLAIMS MUST BE NOTIFIED TO US WITHIN 1 MONTH OF ANY ALLEGED LIABILITY ARISING, AFTER WHICH TIME ALL LIABILITY SHALL BE DEEMED TO HAVE EXPIRED.

Nothing in these Terms and Conditions shall limit either party’s liability in any way for death or personal injury, for fraud or fraudulent misrepresentation or for any matter for which it would be illegal to exclude, or attempt to exclude, liability.

Duration and Termination: These Terms and Conditions shall come into effect on the date on which you first visit our Site and shall continue in force for as long as you continue to visit our Site or hold an Account, save where any obligations are stated to survive termination or expiry of these Terms and Conditions.

In addition, we may without any liability to you terminate or suspend your account and any services any time with immediate effect on notice to you if:

On termination or suspension for any reason your right to visit the Site shall immediately terminate, and you acknowledge and agree that we may immediately deactivate or delete your Account and delete any of your user generated content hosted via the Site.

GENERAL LEGAL:

Changes to these Terms and Conditions: We may change these Terms and Conditions at any time by publishing changes on our Site, which changes shall take legal effect immediately on publication. PLEASE NOTE THAT THESE TERMS AND CONDITIONS AND OUR SITE COULD INCLUDE ERRORS AND WE SHALL BE ENTITLED TO AMEND SUCH ERRORS AT ANY TIME WITHOUT NOTICE. If you do not agree to our Terms and Conditions or any changes to them, you must immediately stop all use of our Site. This is your sole remedy.

Assignment of rights and obligations: The contract between you and us is binding on you and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of the benefit or burden under these Terms and Conditions without our prior written consent. nthuse may transfer, assign, charge, sub-contract or otherwise dispose of any of our rights or obligations arising under these Terms and Conditions at any time by posting a notice to this effect on the Site.

How we will communicate with each other: Applicable laws require that some of the information or communications we send to you should be in writing. When using our Site, you accept that communication with us will be mainly electronic. We shall be entitled to contact you by e-mail or provide you with information by posting notices on our Site. For contractual purposes, you agree to this electronic means of communication as being legally effective and binding. All notices given by you to us must be given to Madgex Limited to info@nthuse.com or in writing by post to our main office address at nthuse, Madgex Limited, One Gloucester Place, Brighton BN1 4AA. Notices will be deemed received and properly served immediately when posted on our Site (nthuse only), 24 hours after an e-mail is sent, or three days after the date of posting of any letter via UK Royal Mail. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the UK Royal Mail post and, in the case of an e-mail, that such e-mail was sent to the specified e-mail address of the addressee.

Events outside our control: nthuse will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms and Conditions that is caused by events outside our reasonable control (Force Majeure Event). Our performance under these Terms and Conditions will be deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period.

Anti-Bribery: Both you and nthuse shall comply with applicable anti-bribery laws.

No waiver: If we fail, at any time to insist upon strict performance of any of your obligations these Terms and Conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.

Third-party rights: Except insofar as these Terms and Conditions expressly state that a third-party may in his/her own right enforce a provision, a person who is not a party to the contract formed by these Terms and Conditions has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce them but this does not affect any right or remedy of a third-party which exists or is available apart from that Act.

Employment laws: The Employment Agencies Act 1973 and/or the Conduct of Employment Agencies and Employment Business Regulations 2003 do not apply to the Site. We are an online advertising intermediary for employers. We are not an employment business or an employment agency. We do not provide any work-finding services to candidates, we do not introduce or supply candidates to you and nor do we have authority to act on your behalf in this respect.

Severability: If any of these Terms and Conditions are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, the problematic term, condition or provision will to that extent be deemed severed from the remaining Terms and Conditions, which will continue to be valid to the fullest extent permitted by law.

Entire agreement: These Terms and Conditions and any document expressly referred to in them represent the entire agreement between us in relation to their subject matter and supersede any prior agreement, understanding or arrangement between us, whether oral or in writing. Any attempt by you to amend, replace or supplement these Terms and Conditions shall be null and void unless we have agreed to such changes in a written agreement validly signed by us.

Law and jurisdiction: Your use of our Site will be governed by English law. Any dispute between us shall be subject to the exclusive jurisdiction of the courts of England and Wales.