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Terms of use

1. Introduction

 

These Terms of Use, between Alexander Mann Solutions (“AMS”), NQC Ltd (“NQC”), and you as the end User (hereafter referred to as “You” or ”Your”), govern your access and use of the Public Sector Resourcing Service (“the System”).

 

The Purpose (hereafter the “Purpose” or “Purposes”) of the System is to provide You with information about contingent worker assignments available in the public sector, and for You to provide Your profile information to AMS, for the purposes of contacting you regarding suitable assignments in the UK public sector.

 

2. Definitions

 

Force Majeure” means any cause affecting the performance by either AMS or NQC Ltd of its obligations arising from acts, events, omissions, happenings or non-happenings beyond its reasonable control including (but without limiting the generality thereof) governmental regulations, fire, flood, or any disaster or an industrial dispute affecting a third party for which a substitute third party is not reasonably available. Any act, event, omission, happening or non-happening will only be considered Force Majeure if it is not attributable to the wilful act, neglect or failure to take reasonable precautions of the affected party, its agents or employees or the failure of either AMS or NQC Ltd to perform its obligations under these Terms of Use.

Intellectual Property” means any patent, copyright, database right, moral right, design right (whether registered or unregistered), trade mark, service mark, domain name, know-how, utility model, unregistered design or, where relevant, any application for any such right, or other industrial or intellectual property right.

Registration Profile” means Your registration containing personal information, work experience/history, education background, professional capabilities and job preferences. It can also mean the self-assessment questionnaire that can be completed by You, and is shared with AMS, consisting of information about You and/or Your company, such as financials, certifications and compliance, process and procedural details.

System” means the Public Sector Resourcing Service provided for you to share work experience profile details with AMS.

User” means an individual that has registered and been provided with access to the System either by the End User or by a member of the Buyer organisation.

You” or “Your” means you as an end user of the System that has indicated their acceptance to be bound by these Terms of Use, and not a representative of AMS or NQC.

Working Days” means 09:00-17:00 Monday to Friday in the United Kingdom and excluding Bank Holidays.

 

3. Access

 

The System is provided by NQC and exclusively licensed to AMS for the Purpose. AMS grants to You, free of charge, access to the System for the Purpose of providing a Registration Profile which will be uploaded, stored and retrieved from the System by AMS (and its respective User(s)). You acknowledge that by accessing the System, You agree to be bound by these Terms of Use.

 

AMS and/or NQC in their absolute discretion reserve the right to suspend or remove Your access to the System (and/or to block or remove access to some or all of Your details contained in it) without notice at any time. NQC and AMS also each separately reserve the right to suspend Your access to the System without notice for technical or legal reasons at any time.

 

4. Registration

 

To be granted access to the System, You must first register by providing the required registration data. You will then be provided with a Login and password which are strictly personal to You and are non-transferable. In the event that You become aware that a password may have been divulged, disclosed or discovered by any third party, You shall immediately notify AMS using the Contact Us link in the footer. You should inform AMS in the event that You no longer require access to the System. AMS retains the right to deactivate Your login and password if there has been no access for a period of ninety (90) days or more.

 

5. Your Obligations

 

  • You agree that You shall only use the System to update Your Registration Profile for the Purposes;
  • You shall ensure that You comply with these Terms of Use, as may be updated from time to time on the System, and in the event that there is any conflict between these Terms of Use and any such additional terms, then the provisions of such additional terms shall take precedence over these Terms of Use;
  • You shall use all reasonable care and skill in performing Your obligations under these Terms of Use;
  • You shall provide yourself with the equipment and software needed to access and use the System;
  • You shall use reasonable endeavours to protect the System from viruses when being accessed and used by You; and
  • You shall use the System for lawful and proper purposes only and shall, in any event, comply with all relevant laws, regulations and codes of practice within the UK or other jurisdiction from which You access the System.

 

In particular, You agree that You will:-

  • Treat all information available to you via the System as confidential, and not share it with any third party;
  • not post, transmit or disseminate any information on or via the System which is or may be harmful, obscene, defamatory or otherwise illegal;
  • not use the System in a manner which causes or may cause an infringement of the rights of any other; and
  • use reasonable endeavours not to use any software, routine or device to interfere or attempt to interfere electronically or manually with the operation or functionality of the System, including uploading or making available files containing corrupt data or viruses via whatever means.

 

You shall be responsible for any unauthorised, false or fraudulent information that is submitted using Your login and password.

 

You represent and warrant to the best of Your knowledge that the information You provide using the System will be as accurate as possible and shall not mislead or misrepresent, but rightfully represent Your skills and capabilities.

 

6. Use of Registration Profile

 

AMS may use Your Registration Profile to identify that You might have relevant skills for a particular contingent worker assignment.

 

You acknowledge that AMS does not guarantee that You will be invited to apply for each and every contingent worker requirement that is advertised on the System.

 

7. Intellectual property rights

 

All Intellectual Property rights in the System are owned by, or are under licence to, AMS and/or NQC. You shall have no Intellectual Property rights in the System, nor shall You have any rights to copy, adapt, modify or interfere with the System. The System may include AMS and/or NQC's logos and/or trademarks. You acknowledge that You may not copy or make other use of such logos and/or trademarks without prior consent.

 

8. Data protection

 

In Your use and access of the System, You shall comply with any relevant data protection legislation and all relevant regulations together with any codes of conduct and guidance issued by the UK Information Commissioner from time to time and You shall not do or cause or permit to be done anything which may cause or otherwise result in a breach by AMS or NQC of the same.

 

You agree and acknowledge that NQC, operating on behalf of AMS, will hold and process Your personal data (including sensitive data) obtained from You. Further information about how your personal data is processed can be found in the Public Sector Resourcing Data Protection Statement held in The System.

 

Where AMS or NQC may be obliged to respond to a request for information or an apparent request for information under the Code of Practice on Access to Government Information, the Freedom of Information Act 2000, the Environmental Information Regulations 2004, or similar regulations, AMS shall be permitted to offer such assistance to and disclose such information to the relevant authorities as is required from time to time.

 

In the event that the data protection legislation is breached, You agree to indemnify and hold NQC and any person processing data on their behalf harmless against any claims costs or losses (of whatsoever nature).

 

9. Limitation of Liability

 

Nothing in these Terms of Use is intended to exclude or limit liability for death or personal injury or for fraud or fraudulent misrepresentation or for any other liability which it would not be not lawful to exclude or limit.

 

In no event shall AMS (or NQC) be liable to you for any loss or damages incurred by any person arising from the use of the System caused by:

  • an event of Force Majeure that affects the availability and/or performance of the System;
  • incorrect use of the System by You;
  • connectivity failures in respect of the equipment used by You;
  • breakdown of the System for a period of time not exceeding 30 Working Days; or
  • breach of these Terms of Use other than by AMS (or NQC);

 

In no event shall AMS (or NQC) be liable to You:

  • for any indirect or consequential loss (including without limitation reputational, contingent and/or speculative losses of any kind); or

 

You acknowledge and accept that:

  • AMS and NQC reserve the right to interrupt and/or suspend the availability of the System and/or revoke access at any time without incurring any liability;
  • AMS and NQC provide the System on an 'as is' basis and 'as available' basis without any warranty of any kind;
  • AMS and NQC do not accept any liability for any information or links on the System that may refer You to external sources; and
  • You agree to indemnify AMS (and NQC) in full against all claims, demands, actions or proceedings, (including legal and other professional advisers fees) made by any third party arising out of or in relation to breach of Your obligations under these Terms of Use.

 

AMS does not warrant that the functions contained in the material held in the System will be uninterrupted or error free, that defects will be corrected, or that the System or the server that makes it available are free of viruses or bugs or represents the full functionality, accuracy, reliability of the materials.

 

10. Rights of Third Parties

 

These Terms of Use shall not create any rights that shall be enforceable by anyone other than AMS and You, unless expressly written in this Terms of Use.

 

11. Amendments to this Agreement

 

You acknowledge that AMS and NQC reserve the right to vary or amend these Terms of Use by publication of an updated version or notification or message on the System or through an email or letter to You, using the email address or postal address provided on Your Registration Profile.

 

The amendments shall be deemed to have been accepted by You unless AMS, or NQC, receives, within seven (7) days of the date of the publication a written communication from You expressing refusal of the amendments and Your intention to cease further use of the System within the following 30 days. (in which case the contract within The System between AMS and You shall come to an end without further liability on either side upon such termination (other than for breaches prior to the date of such termination).

 

In any case, Your continued or recommenced use of the System after such a thirty (30) day period shall represent Your unconditional acceptance of the amendments in their entirety (notwithstanding any expressed refusal of the amendments and intention to withdraw).

 

12. Acceptable Use Policy

 

Your use of the System means that You agree to comply with the System's Acceptable Use Policy at all times and to indemnify AMS, NQC and any affected third parties in the event of their breach of the same.

 

13. General

 

The waiver by either party of any breach of these Terms of Use shall not prevent the subsequent enforcement of that provision and shall not be deemed to be a waiver of any subsequent breach of that or any other provision.

 

If at any time any part of these Terms of Use is held to be or becomes void or otherwise unenforceable for any reason under any applicable law, the same shall be deemed omitted from these Terms of Use and the validity and/or enforceability of the remaining provisions of these Terms of Use shall not in any way be affected or impaired as a result of that omission.

 

14. Law and Jurisdiction

 

These Terms of Use and any dispute or claim arising out of or in connection with them shall be governed by, and construed in accordance with, the laws of England and Wales and shall be subject to the non-exclusive jurisdiction of the Courts of England and Wales to which the parties irrevocably submit.

 

15. Interpretations

 

The headings to clauses are inserted for convenience only and shall not affect the interpretation or construction of these Terms of Use.

 

Singular use of words shall include the plural and vice versa. Words imparting a gender include every gender and references to persons include an individual, company, corporation, firm or partnership.

 

The words and phrases "other", "including" and "in particular" shall not imit the generality of any preceding words or be construed as being limited to the same class as any preceding words where a wider construction is possible.

 

References to any statute or statutory provision shall include (i) any subordinate legislation made under it, (ii) any provision which it has modified or re-enacted (whether with or without modification), and (iii) any provision which subsequently supersedes it or re-enacts it (whether with or without modification).

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