The Website (www.pharmaceutical-journal.com and our associated web pages) is operated by the Royal Pharmaceutical Society of Great Britain incorporated by Royal Charter in England and Wales under company number RC000799 and having its principal business address at 66-68 East Smithfield, London E1W 1AW (‘we’ and ‘our’ and any derivative thereof).
http://www.pharmaceutical-journal.com/information/terms-and-conditions/ ), and these specific Pharmaceutical Jobs Board Terms and Conditions (‘Terms’)
We reserve the right to amend these Terms from time to time.
In these Terms, the following words and phrases shall bear the following meanings:
- ‘Advertiser’ means a person or company who pays to place advertisements for positions which they have on the Jobs Board;
- ‘Discount Code’ means the code issued to RPS Members by RPS, which entitles them to a discounted rate for placing advertisements for positions which they have within their Sole Trader Pharmacy on the Jobs Board;
- ‘GPHC’ means The General Pharmaceutical Council (the independent regulator for pharmacists, pharmacy technicians and pharmacy premises in Great Britain);
- ‘RPS’ means the Royal Pharmaceutical Society of Great Britain;
- ‘RPS Members’ are persons who are registered members of RPS;
- ‘Sole Trader Pharmacy’ means a pharmacy registered with the GPHC which is owned by a single individual who is entitled to keep all profits after tax has been paid and who is an RPS Member; and
- ‘you’ means any person who accesses or uses Jobs Board or any of its services, including the Advertiser.
2. Our Services
By means of the Jobs Board, we make available an online recruitment and employment information service, where Advertisers may place advertisements for positions which they have and receive responses from interested candidates, where Advertisers can view CVs of potential job candidates, and whereby job seekers can upload CV’s and register for job alert emails (‘Services’).
3. Our rights and obligations
The publication of all advertisements on the Jobs Board is subject to our approval.
We reserve the right to edit, refuse, withdraw, exclude, defer and to act at our discretion with any advertisements submitted to us. Should an advertisement not appear due to the Advertiser’s fault or failure to comply with these Terms, then the advertisement shall be paid for in full.
We also reserve the right to change the classification and date or make any other necessary amendments to advertisements.
If our changes to an advertisement are unacceptable to the Advertiser then the Advertiser may cancel the advertisement provided that the changes were not required because we considered them necessary for our compliance with applicable laws, regulations and codes. If such a cancellation is made, we will provide a refund (less our reasonable administrative costs) of the advertisement price to the Advertiser.
We may increase advertisement rates at any time. Acceptance of previous orders does not give the Advertiser the right to rebook on the same terms.
We cannot accept liability for any loss or damage caused by errors, inaccuracy in the appearance, omissions, delayed publication or amendment of advertisements.
4. The Advertiser’s rights and obligations
All advertisements must comply (where appropriate) with all relevant Acts of Parliament, the British Code of Advertising Practice and the ABPI Code of Practice.
If the Advertiser cancels an unfinished contract or if an agreed number of advertisements are not placed within a specified period of time, then the Advertiser loses the right to any series discount that was previously negotiated.
If a claim is made against us in regard to an advertisement of an Advertiser, then the Advertiser shall fully reimburse us.
Advertisers are solely responsible for verifying the information contained in responses to adverts for positions of employment or in CVs that may have been uploaded to the Jobs Board or otherwise that may be displayed on the Jobs Board including, without limitation, verifying the identity of respondents or candidates, their eligibility to work, training, qualifications and any authorisations required by law or any professional body.
5. Use of Discount Codes
You acknowledge and warrant that where you use a Discount Code as an Advertiser it is on the basis that:
- you are a Sole Trader Pharmacy at the time of using the Discount Code;
- you are placing the advert for and on your behalf as a Sole Trader Pharmacy for a position in that Sole Trader Pharmacy;
- the Discount Code is the Discount Code issued to you by RPS, and that you are not using another RPS Member’s Discount Code; and
- you have not shared your Discount Code with any other person.
You acknowledge and warrant that where you cease to be a Sole Trader Pharmacy your right to receive a discounted rate for placing advertisements on the Jobs Board, by virtue of using a Discount Code, (“Discounted
Rate”) shall immediately cease and you shall immediately:
- cease use of the Discount Code; and
- notify us that you are no longer a Sole Trader Pharmacy.
You acknowledge that where you breach any of the warranties in this clause 5 we may at our absolute discretion (a) withdraw any advertisement placed on the Jobs Board by you; and/or (b) charge you the full commercial rate for any advertisement placed on the Jobs Board following such breach.
You acknowledge that where you have not placed the full series of advertisements which you have booked to place on the Jobs Board (‘Block Booking’) at the point at which you (a) cease to be a Sole Trader Pharmacy; or (b) breach any of the warranties in this clause 5, we may at our absolute discretion choose to (either on their own or in combination with one another):
- refuse to place any further advertisements as part of your Block Booking on the Jobs Board;
- charge you the difference between the Discounted Rate and full commercial rate in relation to the advertisements posted following such breach;
- (where you have received a further discount to the Discounted Rate by virtue of the number of advertisements ordered in your Block Booking (‘Volume Discount’)) charge you the difference between the Volume Discount and the Discounted Rate in relation to the adverts placed before such breach.
6. Use of the Jobs Board and Services
While accessing, browsing and/or using the Jobs Board or the Services you must:
- comply with all applicable laws, regulations and codes including, without limitation: (i) the Data Protection Act 1998; (ii) the Privacy and Electronic Communications (EC Directive) Regulations 2003; (iii) the Employment Agencies Act 1973; (iv) the Conduct of Employment Agencies and Employment Business Regulations 2003; (v) the Equality Act 2010; and (vi) the British Code of Advertising, Sales Promotion and Direct Marketing (all as amended from time to time);
- not impersonate another person or use a false name or email address;
- not deep-link to and/or frame or utilise framing techniques to enclose the Jobs Board or any part of the Jobs Board without our prior written consent;
- not modify or attempt to modify all or any part of the Jobs Board or its content, save insofar as uploading your job advertisement;
- not gain or attempt to gain unauthorised access to the Jobs Board, the server on which the Jobs Board is stored or any server, computer or database connected to the Jobs Board;
- act in good faith with, not misuse and treat in confidence any information provided to you from those who respond to any use which you may make of the Services;
- not make any misrepresentations in your use of the Services;
- not use the Jobs Board or the Services to seek details of individuals when you do not have a job vacancy that you are actively seeking to fill;
- not post, transmit, submit, refer to, make available or link to or from (or authorise or permit any other person to do the same), or provide to us for posting on or making available by means of the Jobs Board and/or the Services, any material which in our opinion:
- is untrue, fraudulent, inaccurate or incomplete; and/or
- is obscene, threatening, menacing, offensive, defamatory, abusive, likely to cause annoyance, inconvenience or needless anxiety, is in breach of confidence, in breach of any intellectual property right (including, without limitation, copyright, designs or trade or service marks (whether registered or unregistered)) or otherwise is in breach of or violates any applicable law or regulation or code, and/or
- directly or indirectly discriminates on grounds of age, sex or race; and/or
- makes excessive demands for bandwidth; and/or
- constitutes advertising for anything other than a position of employment; and/or
- which contains any virus or other harmful code, or which may otherwise impair or harm the Jobs Board or our computer systems or any third party computer system.
7. Material that you submit to the Jobs Board
By using the Services you automatically grant us a royalty free, worldwide, perpetual and non-exclusive licence to use, copy, distribute, publish, syndicate, sub-license, transmit, display, edit, make available on the Jobs Board and otherwise deal with as necessary to provide to you the Services the whole or any part of any material which you may provide to us through your use of the Services.
Whilst you acknowledge that we do not necessarily pre-screen any material that you have submitted to the Jobs Board, whether through your use of the Services or otherwise, we reserve the right to remove, at any time and without reason or prior notice or any liability to you, any material that you have submitted.
8. No reliance
All information on the Jobs Board is provided on an “as is” basis. Save to the extent required by law, no representations, warranties or terms of any kind are made (or shall be implied by statute or otherwise) in respect of the Jobs Board or its content, including, without limitation, warranties of satisfactory quality, conformity to contract, accuracy, adequacy, conformity to description or fitness for any particular purpose. Your use of such content is entirely at your own risk.
You shall indemnify us against all losses, claims, costs, damages, liabilities, proceedings, fees and expenses (including without limitation legal fees and expenses) incurred by us as a result of or in connection with any breach of these Terms by you or your access to or use of the Jobs Board or the Services.
10. Limitation of liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.
We will not be liable to any user for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, the Jobs Board; or
- use of or reliance on any content displayed on the Jobs Board.
11. Applicable law
These Terms are governed by and construed in accordance with the laws of England. By accessing the Jobs Board you agree to accept the exclusive jurisdiction of the English Courts in relation to any dispute that may arise in connection with these Terms or your use of the Jobs Board……