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Guidance notice and Disclaimer

YOU ARE REMINDED THAT USING THE FACILITIES, SUGGESTED PROCEDURES OR DATABASE DOES NOT GUARANTEED THAT YOU WILL OBTAIN GAINFUL EMPLOYMENT.

This Agreement sets out the terms and conditions applicable to your use of our Services STARTallover.com. By clicking the "I Accept" button, you certify that you accept the terms and conditions of this Agreement. If you do not accept these terms and conditions, or if you have any questions please go to our general@STARTallover.com page.

We reserve the right to amend this Agreement (from time to time) by posting the amended terms on our site. Except where stated, all amendments shall automatically be effective 3 days after posting on the bulletin board. Due to the unique nature of the Service, we can not offer individually negotiated terms.

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Operative provisions

1. Definitions

"Our Client" means any legal or natural person, firm or organisation whether incorporated or otherwise who has paid for the Service on your behalf or whose authorisation code you initially used to gain access to this Site.

"Company, Us, We" means STARTallover Limited or its associated companies.

"Personal Details or Information" or means any information or data [in electronic format] posted by You relating to Your personal status.

"DataBase" means the secure server or part of it controlled and operated by the Company.

"Duration Period" means the duration over which You are permitted to access to or use the Site, unless otherwise agreed in writing by Us.

"Extension Period" means where applicable the period agreed in writing over which this Agreement may be extended.

"Services" means the service or services offered by Us on via this Site the internet including an interactive database, data capture processing software which permits access to a data base, data retrieval and storage in electronic format.

"Site" means the web site with the URL location http://www.STARTallover.com and its associated pages, controlled by the Company.

"User, Visitor, You or Your" means any entity visiting the Site using the Data Base or using Services (in whole or part).

"User ID, Password, Phraseword" means the unique code, phrase word, number, comment or any combination chosen by You to enable You to gain access to the Site and Your Information.

"Web Page" means any or all of the Company designed pages including the data, text, hyperlinks, graphics, media or otherwise displayed, located on the Site.

In this Agreement the masculine gender shall include the feminine or neuter (and vice versa) and expressions in the singular shall include the plural and read accordingly.

2. Copyright

2.1 This Site is owned and operated by the Company and the information and materials appearing on the Site are displayed for personal, non-commercial use only. All software used on this Site (including without limitation the Site design, text, graphics, audio drawings or sketches, video selection and arrangement thereof) remains the property of the Company or its partners and is protected by both UK and International intellectual property rights or copyright laws whether registered, pending or otherwise.

2.2 Other than where you use the download facility, none of the contents of the Site may be downloaded, amended, copied, reproduced, republished, posted, transmitted, linked to, stored, sold or distributed without Our expressed prior written permission. This excludes the downloading of policy pages or this Agreement for personal non-commercial use, provided that all copyright and proprietary notices are kept intact.

2.3 Modification or amendments of the Site or use of any of the site data/information by You for any other purpose is strictly prohibited.

2.4 All names including but not limited to the domain names, hyperlinks or such other names associated with the Company are the exclusive property of the Company and shall only be used by You unless in strict accordance with the terms and conditions contained in this Agreement.

2.5 All Information supplied to You and subsequently forming part the Company's Data Base shall belong to the Company or its associated companies, but shall not be used for any activity outside of those specified or stated on the relevant Web Page.

3. Eligibility

3.1?Our Services are available only to individuals who can form legally binding contracts under applicable law. Without limiting the foregoing, our Services are not available to minors or any person who is not an EC citizen with the requisite work permit.

4. The Service

4.1 Subject to Your own internet service provider and computer system We will permit You unlimited access to the Site and DataBase. All Services, statements of opinion, advice, methodologies, modes or suggested working or presentation made, offered or suggested to Users are so offered on a general basis and shall not give rise to any liability except those set out in clause 15.

4.2 Using Our Service and the DataBase is free of charge but subject to our Privacy and Chat Room Policies which are incorporated into this Agreement by reference.

4.3 For the avoidance of doubt, any other service(s) shown on the Site whether provided by the Company or otherwise, not directly associated with inputting or amending Your Information onto the DataBase shall not form part of this Agreement.

4.4 Your access to the Site, use of the DataBase or Services (or such Services We may from time to time introduce) together with such applications, activities or procedures provided thereon is in strict accordance with these terms and conditions.

4.5 You have chosen a Password and User ID code which You must keep safe and You should not disclose it. If You have problems gaining access to the Site or forget Your code please email general@STARTallover.com. You will be asked to confirm certain Personal Information.

4.6 You are granted an revocable licence to access all Services, the DataBase or software located on the Site for Duration Period.

4.7 The Company may introduce or remove activities or functions to or from the Site, you and the Client agree that neither has any claim or rights whatsoever against the Company following a decision to remove an activity function which does not materially effect the Service.

4.8 Where any Service is removed and not replaced with an equivalent Service or where the Site is not accessible for in excess of 12 hours We will try to inform You, by either posting a notice on the bulletin board or using the email address notified to Us.

4.9 If Your Information (in whole or part) is found to be in breach of this Agreement. We reserve the right to suspend and/or remove the offending Information together with any and all non-offending Information.

4.10 We shall where instructed by a statutory body or competent authority disclose the Your details and comply with any request for the supply of copies of the Information [including Your DataBase file] without reference to or seeking Your consent.

4.11 We may change our Service, this Agreement and our policies from time to time which will be effective upon You 3 days [or immediately where necessary] after We have posted notice of the change on the bulletin board. When You enter the Site You have an opportunity to review the bulletin board and any notices posted there will be deemed to be read by You.

4.12 If We introduce a chargeable Service, the fee for that service is effective from the launch of that service. All other Company Services will be free.

4.13 We and our suppliers provide the Site and our respective services "as is" and without any warranties, conditions or other terms, express or implied, statutory or otherwise, including without limitation any terms as to quality, fitness for purpose, or non-infringement, and all such terms which would otherwise be included are hereby excluded to the fullest extent permitted by law.

5. Not Agent

5.1 You and the Company are independent contractors and no agency, legal or equitable relationship, duty or care, employee-employer or any type of relationship is intended or created by this Agreement.

6. Access and Secure Server

6.1 The Site contains robot exclusion headers and you agree that you will not use any robot, spider, other automatic device, or manual process to monitor or copy the Site its Web Pages or forms used on a DataBase.

6.2 You agree that you will not use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or DataBase. You also agree that You will not take any action that imposes an unreasonable or adversely effect the Site or its back office functionality. We hereby notify You that most of the information on our DataBase (and Site) is updated in real time and is proprietary or licensed to Us. You agree not to copy, reproduce, alter, modify, create derivative works, or publicly display any content except in whole or part Your Information.

6.3 The Site acts as the venue for You to input or amend Personal Data or to use the other Services provided. We are not involved with any recruitment or selection process and We do not have any control over the quality, safety or legality of the jobs advertised, their truth accuracy or the offeror's ability to offer or advertise.

6.4 We suggest that You satisfy yourself that the site, person or entity uses similar secure transmission protocols and is authentic.

6.5 As We are not involved in the transmission between You and any third party or site, in the event that you have a dispute You agree to release the Company (its officers, directors, agents, subsidiaries and employees) from claims, demands and damages (economic and consequential) of every kind and nature, actual or implied, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

7. Your Obligation

7.1.2 not infringe any third party's intellectual property right including copyright, trademark, other proprietary rights or rights of privacy or violate any law, statute, regulation whether currently in force or subsequently enacted which may affect the Service offered or reputation/goodwill of the Company;

7.1.3 not create liability for the Company or cause it to lose (in whole or in part) the Services of its internet service provider or other strategic partners;

7.1.4 read and adhere to the terms and conditions contained in this and the associated agreements;

7.1.5 continue to monitor, update and amend in a timely fashion any changes to Your Information or such information (ie email address) which may affect the Service offered by the Company;

7.1.6 grant a licence to the Company in the terms set out in clause 10. The aforementioned licence will lapse either three years after the last day of the Duration or Extended Period (where applicable) or following termination whichever occurs last.

8. Your Information

8.1 We collect information on what pages are accessed or visited, as well as information you volunteer. We may also store cookies on your computer. We only use this information for internal marketing and analysis purposes or to improve the Site and to notify You about updates or amendments.

8.2 We will only use Your Information in compliance with our privacy policy and in accordance with the governing law (including the Data Protection Act 1999).

8.3 The information You provide is your sole responsibility and:-

8.3.1 shall not be false, inaccurate or misleading; or

8.3.2 shall not be fraudulent; or

8.3.3 shall not infringe any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; or

8.3.4 shall not violate any law, statute or regulation; or

8.3.5 shall not be defamatory, trade libellous, unlawfully threatening, obscene or unlawfully harassing; or

8.3.6 shall not contain any viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

8.4 If you wish to subscribe to receive updates or topics of interest by post or e-mail from us in the future You MUST tick the box on the appropriate page. If have elected not to receive the updates or information but subsequently change your mind you can be added to our mailing lists by sending an email to general@STARTallover.com or write to Us at STARTallover LIMITED, The Counting House, Tonedale Business Park, Wellington, TA21 0AW.

9. Privacy Data Protection Policy

9.1 In conformity with the governing law the Company is registered under the Data Protection Act registration scheme. Further details are available on the Privacy Policy page.

10. Wavier

10.1 Pursuant to the provisions clause 7.1.6. You HEREBY GRANT the Company a non-exclusive, royalty or commission free world-wide licence and right to use, reproduce, distribute, transmit, publish, copy, create works from or pass on, grant rights over or transmit Your Information in whatever format the Company so chooses.

10.2 Nothing in this Agreement is intended to create or permit the User to gain or obtain any rights or licence in the Data Base, Site or Web Pages, whether or not their Information is stored, held in or created thereon.

11. Amending your details

11.1 There is no Fee for accessing the Data Base or amending Your Information. You can amend Your details as often as You wish. You should print, check and hold a copy of the Information.

12.1 The Company (or its strategic partners) may at it’s sole discretion create and provide access to bulletin boards, chat rooms, newsgroups or forums, to which every User will have an unfettered right of access; subject to clause 7 and the bulletin board policy, which all Users are deemed to have read.

12.2 The User acknowledges that the Company does not hold itself out nor does it accept any exclusive right, editorial control, power to vet or veto any content, Information, amendments or comments contained in a Data Base or posted on any bulletin board, chat room, newsgroup or forum which may from time to time be provided.

12.3 If You have a dispute in respect of any comments made, viewed or otherwise relating to the aformentioned services you accept that provided we investigate the complaint that you hereby waive any right you might otherwise have against Us in connection with such statements (whether or not we remove the statement). You accept that We cannot control such statements and it is not practicable to conduct full, detailed, investigations and You should review our Privacy Policy.

13. Indemnity

13.1 By using this Site, You agree to indemnify the Company (its directors, agents and strategic parties) from all and any claims, right, demands or damages (actual and consequential or otherwise) howsoever arising connected with transmission of, reliance on or misrepresentation contained in Your Information.

13.2 You agree to indemnify and hold harmless the Company in respect of all costs, claims however arising from any civil or criminal action including liabilities and expenses, legal and professional fees or costs which the Company incurs as a result of any claim arising from (but not limited to) Your Personal Information or linking to this or any other web sites or Your reliance on any of the activities or function offered whether or not the activity complained of had the consent of the Company or not.

13.3 Notwithstanding termination or the lapse of this Agreement these provisions will continue to operate for a period of four years from the date this Agreement ends.

13.4 You and the Client both accept and acknowledge that together you will hold harmless and shall not support any claim or right of action against the Company where Information (in whole or part) belonging or relating to the Users or a Visitor has been unlawfully accessed, used by, amended or brought to the attention or altered by a third party whether gaining authorised access to the Site and Data Base or not.

14. Force Majeure

14.1 The Company shall not be liable or be deemed to be in breach by reason of any force majeure including but not limited to:-

14.1.1 any circumstance beyond the reasonable control of either Party which interferes with the provision of Services, or

14.1.2 explosions, fires and any natural disasters; or acts of God, lightning strikes, earthquakes, floods, storms; or

14.1.3 terrorism, riots, civil commotion, malicious damage, sabotage, insurrection; or

14.1.4 any routine or vital maintenance carried out or requiring that the Site or Data Base be brought down; or

14.1.5 any problems associated with any agent or its strategic partner of the Company in excess to that stated in clause 14.2.

14.2 Where the Company [or the Site] is the effected party the Company shall use all reasonable endeavours to inform its User of the nature and extent of the force majeure or total system failure resulting in the disruption to the Site for a continuous period of more than 24 hours.

14.3 Notwithstanding the above provisions, in no event shall the Company or its strategic partners be liable for any loss of profit, reputation, goodwill, loss of any job opportunity or otherwise, or become liable to pay any special, indirect, economic or consequential damages caused by a force majeure.

14.4 Nothing in this Agreement is deemed to extend the Company’s liability or impose an obligation in respect of or relating to a Users access to the world wide web.

15. Limited Liability

15.1 Except in relation to liability for personal injury and death, the Company will be under no liability to any User or Visitor for any loss or damage (including without limitation) consequential, indirect, special, economic loss or damage, loss of profit, loss of any job opportunity, diminished goodwill or reputation which the User or Visitor may suffer or incur or which may arise directly or indirectly in respect of Services supplied or omitted to be supplied under this Agreement or in respect of any failure or omission by the Company to comply with its obligations under this Agreement.

15.2 The Company's liability for any breach of any warranty under this Agreement shall be limited to the supply and access to a site of equivalent functionality.

16. Disclaimer

16.1 We operate the Site in good faith and use our best endeavours to provide the Services detailed in clause 4 and we do not make any representations or warranties of any kind, expressed or implied, in relation to all or any part of the Site or its content or any linked websites, and all warranties and representations granted under governing law are expressly excluded in their entirety.

17. Breach

17.1 Without limiting Our ability to pursue any other right or remedy, we may immediately issue a warning, temporarily suspend, indefinitely suspend or terminate your access to the Site, remove your Password and refuse to provide our Services to you:-

17.1.1 if you breach any terms written in this Agreement or the documents incorporated by reference;

17.1.2 if we are unable to verify or authenticate any information you provide to us; or

17.1.3 if we believe that your actions may cause legal liability for you, our Client, other Users/Visitors, our strategic partners or Us.

18. Termination

18.1 This Agreement may be terminated by the:-

18.1.1 User subject to clause 10 at any time; or

18.1.2 Company immediately where the Client is in breach of this Agreement, or where the activities, comments or conduct of User or the Client is deemed to adversely affect the good reputation of the Company or Site; or

18.2 Nothing in these provisions including any forbearance or indulgence or

18.2.1 delay which the Company has shown will prevent or deny the Company from commencing legal proceedings where the User has breached these terms and conditions.

18.2.2 Subject to notification either Party may terminate the Agreement where

18.3 an event described in clause 14 will extend beyond the Duration (or Extended) Period, but upon such occurrence the Company shall not be held liable to pay any other claim or dispute payment howsoever arising.

18.4 Unless otherwise required by law, or notified by the User in writing (or via email) the Company shall at their own expense continue to hold the User Information in accordance with clause 10.

19. Links

19.1 The Site may include links to third party websites or newsgroups which are controlled, operated and maintained by others. You do not have a right to link to or include any connection to the Site. Links may not be attached without our express written permission and the User should be aware that a link or hypertext may be included solely for the convenience of other Users or Visitors and does not constitute any endorsement whatsoever by Us of the sites linked or referred to; nor do we have any control over the content, security or privacy of those sites and User should make their own enquiries.

19.2 Although we encourage You to use all the Services provided on the Site, access to other web sites, pages or newsgroups via the Site shall not be construed as any type of endorsement and You hereby accept that the Company has no and does not accept any responsibility for the content of those hyperlinks or pages.

19.3 You shall not instruct a third party pursuant to a written agreement or otherwise to create any link or hyperlink to the Site, and where you or the Client is in breach of this clause the Company may be entitled to terminate the link or this Agreement, where the offending person shall immediately pay any and all monies and costs incurred by the Company or its agents in removing the link.

19.4 We do not control the information provided by other users whether made available through Our Site or otherwise. You may find other user's information to be offensive, harmful, inaccurate, or deceptive. Please use caution, common sense, and practice safe transfer protocols when using these sites. Please note that there are risks when dealing with foreign nationals, underage persons or people acting under false pretence.

20. Notice

20.1 Any notice of termination must be made in writing and may be served by sending facsimile or pre-paid first class letter, posted or delivered to the address stated in this Agreement, or to the last known address of the addressee. Only notices pursuant to clauses 17.1 and 18.3 may be served by electronic mail.

20.2 In proving service it shall be sufficient to prove in the case of a facsimile that the addressee's answer back code appeared on the sender's copy of the answer back slip and in the case of posting that the envelope containing the notice was properly addressed, stamped and posted.

20.3 Service shall be deemed to be effective in the case of or facsimile on the next business day following the day on which the facsimile was sent and in the case of posting at noon of the second business day following the day of posting and any notice delivered to an address by hand shall be deemed to be effective from the date of such delivery.

20.4 Except where expressly stated otherwise, any notice to the Company shall be sent to:- STARTallover Limited, The Counting House, Tonedale Business Park, Wellington, TA21 0AW. Notice sent by email shall be deemed to be given 24 hours after email is sent, unless the sending party is notified that the email address is invalid. Alternatively, We may give you notice by recorded/certified mail, postage prepaid and return receipt requested, to the last address held on the Data Base. In such case, notice shall be deemed given 3 days after the date of mailing.

21. Dispute

21.1 Where there is a dispute relating to technical matters [ie those relating to the DataBase and its functionality] the Company shall formally refer the dispute to its chief executive officers to try and resolve within 21 working days, for the purposes of this clause, the expression "chief exective officer" means the person who has responsibility for the day-to-day management and control of the Company.

21.2 Any dispute or claim arising out of or relating to this Agreement shall be settled by an independent arbitrator selected by User from a list provided by the Company, or in the absence of any agreement within 10 days as elected by the then President of the Law Society of England and Wales. The arbitration shall be subject to the Arbitration Act 1996 and the arbitrators decision shall be final and binding. User shall be subject to this clause but nothing shall affect their statutory rights.

  

22. Changes to the term and conditions

22.1 We reserve the right to amend, add to or change these terms and conditions and we agree to ensure that a note will be displayed on the bulletin board.

22.2 The changes will be posted and it is your responsibility as a User to ensure that You are aware of such changes. Changes will become effective as stated and any User or Visitor will be deemed to have accepted any change by any subsequent use of the Site or Data Base.

23. Entire Agreement

23.1 This Agreement constitutes the entire agreement between the Parties and supersedes all previous agreements, understanding or representations howsoever made whether in writing or otherwise.

24. Governing Law

24.1 The following documents are incorporated by reference to:-

24.1.1 Privacy Policy

which may change from time to time

24.2 These conditions are subject to and governed by English law and You agree to submit to the non-exclusive jurisdiction of the English Courts.

Copyright © STARTallover LIMITED 2000. All rights reserved.