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Just4Qualifieds Limited General Terms & Conditions
for Candidates
These terms and conditions govern your contractual relationship with Just4Qualifieds
Limited. Please read them carefully as they affect your rights and
liabilities under the law. If you do not agree to these terms and conditions,
please do not register for or use this website. Note that this website is for
the use of Candidates with the appropriate qualifications seeking to be engaged
by an employer. If you have any questions on these terms and conditions, please
contact: support@just4qualifieds.com
Just4Qualifieds Refer-A-Friend Programme provides registered user candidates
with the option to refer selected friends to Just4Qualifieds Website. If the
selected friend is successfully employed through Just4Qualifieds Website,
Just4Qualifieds will pay a referral payment to the referrer candidate. The terms
on which the referral payment will be made are set out in the terms and
conditions below.
1. Definitions
Just4Qualifieds: Just4Qualifieds Limited, a limited liability
company, registered in England and Wales under company registration number:
5559337.
Candidate: you, the person who has a Recognised Qualification
(as defined in clause 3 of these terms and conditions) and who is seeking an
Engagement through or via the Website or, if you are a limited company, shall
include any officer, director, employee, agent or consultant of such company
who has a Recognised Qualification and who is seeking an Engagement through or
via the Website.
Employer: the person, firm or corporate body, together with any
holding company of the Employer or any subsidiary or associated company of the
Employer (or such holding company), to whom the Candidate (or in the case of
the Refer-A-Friend Programme, a Referee) is introduced.
Engagement: the engagement, employment or use of the Candidate
(or in the case of the Refer-A-Friend Programme, a Referee) by the Employer on
a permanent or temporary basis, whether under a contract of service or for
services by the Employer on a permanent or temporary basis; under an agency,
licence, franchise or partnership agreement; or any other engagement
whatsoever; directly or indirectly, including through a limited company of
which the Candidate (or in the case of the Refer-A-Friend Programme, a Referee)
is an officer, director, employee, agent or consultant and Engage and Engaged
shall be construed accordingly.
Friend: any person who is a member of an Institute and has a
Recognised Qualification (as defined in clause 3 of these terms and conditions)
and who is known to a Candidate.
Institute: an Institute referred to in clause 3 of these terms
and conditions, including a foreign accountancy body referred to therein.
Placement Bonus: the bonus to be payable by Just4Qualifieds to
the Candidate on an Engagement subject to the provisions of clause 5 of these
terms and conditions and Placement Bonuses shall be construed accordingly.
Refer-A-Friend Programme: the programme operated by
Just4Qualifieds available to all Candidates using the Website, whose
registration has not been suspended or revoked and in respect of which a
Referral Payment will be made to a Referrer Candidate.
Referral Payment: the payment to be made by
Just4Qualifieds to a Referrer Candidate subject to the provisions of clause 6 of
these terms and conditions.
Referrer Candidate: the Candidate who refers a Friend to
Just4Qualifieds as part of the Refer-A-Friend Programme.
Referee: the Friend referred to Just4Qualifieds by the Referrer
Candidate through the Refer-A-Friend Programme and who is not and has not been
registered with the Website and who has a Recognised Qualification and is a
current and fully paid up member of an Institute.
Remuneration: includes without limitation, base salary or fees,
guaranteed and/or anticipated bonus and commission, allowances, inducement
payments, the benefit of a company car, share options and all other payments
and taxable (and, where applicable, non-taxable) emoluments payable to or
receivable by the Candidate (or a Referee, as applicable) for services rendered
to or on behalf of the Employer. Where the Employer provides a company car a
notional amount of £3,500 will be added to the salary in order to calculate the
Placement Bonus.
Website: this website functionally offered by Just4Qualifieds to
the Candidate with the intention of an Engagement.
1.2 Any reference to “subsidiary”, “associated company” or holding company in
these terms and conditions shall have the same meaning as given in the
Companies Act 1985.
1.3 Clause headings do not affect the interpretation of these terms and
conditions.
1.4 A person includes a corporate or unincorporated body.
1.5 Words in the singular include the plural and in the plural include the
singular.
1.6 A reference to one gender includes a reference to the other gender.
1.7 A reference to a statute or statutory provision is a reference to it as it
is in force for the time being taking account of any amendment, extension, or
re-enactment and includes any subordinate legislation for the time being in
force made under it.
2. Registration, Information, Authorisation and Candidate obligations
2.1 The Candidate acknowledges that the Website is designed to assist the
Candidate to find Engagements. The Candidate agrees to register their full
details on the Website, including:
2.1.1 The Candidate’s date of birth, nationality and contact information.
2.1.2 The Candidate’s Institute membership details, i.e. the name of the
Institute and the candidate’s membership number.
2.1.3 The Candidate’s full CV, detailing both their full employment and academic
history.
2.2 Failure to provide full registration details may result in restricted access
to the Website. The Candidate shall provide their full academic and employment
history on the “My CV pages” where the Candidate intends to make job
applications through the Website. If an application is made to a prospective
employer, the Candidate’s name, contact details and all CV information posted
on the Website will be made available to that prospective employer. A Candidate
may withdraw from an application at any time.
2.3 The Candidate shall update their registration details from time to time, to
keep such information up-to-date by amendment if necessary from time to time.
2.4 If the Candidate shall provide incorrect, incomplete or fraudulent
information, Just4Qualifieds shall be entitled, at its discretion and without
prejudice to any other rights it may have under these terms and conditions or
at law, to suspend or terminate the Candidate’s registration and/or restrict
his access to the Website, and to withhold and retain all Referral Payments and
Placement Bonuses that may be due to the Candidate.
2.5 The Candidate acknowledges that Just4Qualifieds does not review the
information uploaded or provided by the Candidate on the Website and that
Just4Qualifieds does not accept liability for the content of CV’s or other
information provided by the Candidate. The Candidate warrants that by uploading
information onto the Website that the information uploaded is submitted in good
faith and for the sole purpose of seeking an Engagement, that it is the
Candidate’s own career information and that it is honest and accurate and not
misleading.
2.6 Just4Qualifieds through the services provided on the Website enables the
Candidate to be in a position to find the type of work as is relevant to the
Candidate’s qualifications and nothing in these terms and conditions shall
impose an obligation on Just4Qualifieds to find work for the Candidate.
2.7 Just4Qualifieds shall be entitled to approach the relevant Institute(s) in
respect of which the Candidate has registered on the Website as having the
Recognised Qualifications (as defined in clause 3 below) to, amongst other
things, verify the Candidate’s membership details and comply with its
obligations under law and the Candidate hereby authorises Just4Qualifieds to
contact and obtain from the relevant Institute(s) and any third parties (such
as previous or existing employers), such information, documentation, data,
material, records and details (including but not limited to references)
relating to the Candidate as Just4Qualifieds considers it may require to provide
to a prospective Employer or otherwise to fulfil its obligations under law.
2.8 In order for the Candidate to register with this Website and to sign in, the
Candidate will need to use a username and password. The Candidate is solely
responsible for the security and proper use of such password, which should be
kept confidential at all times and not disclosed to any other person. The
Candidate must notify Just4Qualifieds immediately if it believes that its
password is known to someone else or if it may be used in an unauthorised way.
Just4Qualifieds shall not be liable for any unauthorised or improper use or
disclosure of any such password.
2.9 The Candidate acknowledges that it is his responsibility to pay the tax and
national insurance contributions or any similar payments which are due from him
whether in the United Kingdom or elsewhere in relation to the payments made to
him by Just4Qualifieds under these terms and conditions, including any Placement
Bonus or Referral Payment and further agrees to indemnify Just4Qualifieds in
respect of all and any income tax and national insurance contributions and
other taxes whatsoever or wheresoever which may be found due from
Just4Qualifieds on any payments made to the Candidate under these terms and
conditions together with any interest, penalties or gross-up thereon.
3. Institute
3.1 The Candidate agrees and acknowledges that to register on the Website the
Candidate must be a chartered accountant who has an ACA qualification
recognised by:
3.1.1 The Institute of Chartered Accountants in England and Wales (ICAEW), or
3.1.2 The Institute of Chartered Accountants of Scotland (ICAS); or
3.1.3 The Institute of Chartered Accountants in Ireland (ICAI); or a Candidate
who has successfully undertaken a conversion examination to meet the
requirements set down by one of the foregoing bodies or a Candidate who has a
qualification recognised by the ICAEW, ICAS or ICAI as a result of a reciprocal
agreement they have with a foreign accountancy body, each such qualification
being respectively, referred to herein as a “Recognised Qualification”.
4. Use of the Website, Intellectual Property, Data and Data Protection
4.1 The information and services available on the Website are provided for the
sole purpose of Candidates looking for an Engagement. Candidates may not use
the information on the Website for any other purpose and are not allowed to
copy, display, transmit or distribute material from the Website other than for
the purpose of seeking an Engagement or for the Refer-A-Friend Program.
4.2 Database rights and all other applicable copyright and intellectual property
rights in the Website and all material and information available on the
Website, including any text, graphics, images, logos, buttons, HTML code and
other software, belong to Just4Qualifieds. Use of the Website does not give the
Candidate any rights in any such material or information. The Candidate shall
not download or otherwise use any advertisement or information posted on the
Website by an Employer other than for the purpose of seeking an Engagement or
to pass such advertisement or information to a Friend in connection with the
Refer-A-Friend Program.
4.3 Just4Qualifieds is registered under and shall comply with the provisions of
the Data Protection Act 1988. It collects information about the Candidate when
the Candidate registers. It endeavours to keep such information secure and
safe. For the purposes of the Data Protection Act 1998 the Candidate consents
to the processing of all or any personal data (in manual, electronic or any
other form), relevant to the Candidate’s registration and/or to verify any
information uploaded or provided by the Candidate on the Website including to
verify the Candidates qualifications in accordance with clause 2.8. Processing
includes but is not limited to obtaining, recording, using and holding data and
includes the transfer of data to any country either inside or outside the EEA.
4.4 Use of the Website may not be allowed in countries outside the United
Kingdom where such use may be contrary to local law or regulation. If the
Candidate is located outside the United Kingdom and accesses information on the
Website it is his sole responsibility to ensure compliance with any applicable
laws or regulations in that country. Any use of the Website outside the United
Kingdom is the Candidate’s responsibility and Just4Qualifieds accepts no
liability whatsoever in connection with such use. Where a Friend is referred by
a Referrer Candidate under the Refer-A-Friend Programme and such referral or
any aspect of it is contrary to any local law or regulation the Referrer
Candidate accepts responsibility for such referral.
5. Placement Bonus
5.1 Subject to Just4Qualifieds being notified by an Employer who has Engaged a
Candidate, Just4Qualifieds shall pay a Placement Bonus to the Candidate
following the successful completion of the Candidate’s probationary period with
that Employer (the “Probationary Period”) following an Engagement obtained via
or through the Website.
5.2 The Placement Bonus payable to the Candidate shall be a minimum of £100,
with the indicative amount of Placement Bonus for a particular job to be
notified to the Candidate after registration and when viewing a specific job
and the definitive amount of the Placement Bonus payable to be determined when
the Remuneration payable to the Candidate is calculated and notified to
Just4Qualifieds.
5.3 The Candidate will forfeit the Placement Bonus if they or the Employer shall
for any reason terminate the Engagement prior to successful completion of the
Probationary Period with the Employer following an Engagement.
6. Refer-A-Friend Programme
6.1 The Refer-A-Friend Programme is available to all Candidates of the Website,
unless their registration has been suspended or terminated pursuant to these
terms and conditions.
6.2 The Referee must not, at the time of referral, either be an existing
Candidate with the Website nor previously have been registered as a Candidate
with the Website.
6.3 The Referee must be a chartered accountant who has a Recognised
Qualification with an Institute.
6.4 The Referral Payment payable to the Referrer will be equivalent in value to the Placement Bonus payable to the Referee, as specified in clause 5.2.
6.5 Subject to the provisos below, the Referrer Candidate who has referred a
Friend who has registered on the Website (and whose registration is valid and
not incomplete, inaccurate or fraudulent) is entitled to be paid the Referral
Payment if and when the Referee has successfully completed his probationary
period with an Employer following an Engagement obtained via or through the
Website. The provisos are:
6.5.1 Just4Qualifieds being notified by that Employer that the Referee has
successfully completed their probationary period in accordance with this clause
6.5 and
6.5.2 Just4Qualifieds having received from that Employer details of the
Remuneration payable to that Referee.
6.6 If Just4Qualifieds shall pay a Referral Payment and it subsequently becomes
aware that a Referral Candidate would not for any reason have been entitled to
the Referral Payment, the Referral Candidate shall promptly repay the Referral
Payment to Just4Qualifieds.
6.7 The Referrer Candidate is only eligible for one Referral Payment for each
Referee notwithstanding the number of occasions a Referee has been Engaged
whether by the same Employer or different Employers.
6.8 The Referrer Candidate accepts sole legal responsibility in all
jurisdictions for his actions in referring the Referee to Just4Qualifieds.
6.9 If the Referrer Candidate or a Referee is misusing the Refer-a-Friend
Programme, then Just4Qualifieds shall be entitled, at its sole discretion and
without prejudice to any rights it may have under these terms and conditions or
at law, to suspend or terminate the Candidate’s registration and/or restrict
his access to the Website, and to withhold and retain all Referral Payments
that may be due to the Candidate.
7. Job Advertisements and Website contact
7.1 Services and information provided by the Website are intended to assist
Candidates in the job seeking process. Just4Qualifieds does not guarantee the
suitability of any information, job or advert posted on the Website by an
Employer, nor the prospects of success in any particular case. The Candidate is
advised to seek independent verification before relying on any information
provided on the Website. The Candidate acknowledges that Just4Qualifieds does
not accept any liability for any loss, cost or damage suffered or incurred by
the Candidate as a result of any such information, job or advertisement posted
by a prospective employer on the Website.
7.2 The Candidate may contact prospective employers and their representatives by
sending (and receiving) messages through the services offered by the Website.
The Candidate agrees not to use the Website or any services it offers in a way
that may be salacious, defamatory or offensive or in breach of a third party's
rights, such as a third party's privacy, intellectual property or
confidentiality rights or may infringe any law or regulatory requirement. The
Candidate further agrees not to engage in any conduct or do any act or thing
which is or may be detrimental to the business, goodwill or interests of
Just4Qualifieds or which may bring Just4Qualifieds or any of its officers,
directors or employees, into disrepute, including any act or thing which may
adversely affect the relationship between Just4Qualifieds and any Employer. In
each such case Just4Qualifieds may at its discretion and without liability to
Just4Qualifieds and without prejudice to any other rights it may have at law,
suspend or terminate the Candidate’s registration and his access the Website.
There is no requirement for Just4Qualifieds to inform the Candidate of any such
suspension or termination.
7.3 The Candidate shall indemnify and hold harmless Just4Qualifieds on a full and
continuing basis against any loss, liability, costs (including legal costs),
expenses or damage suffered or incurred by Just4Qualifieds as a result of the
Candidate’s breach of clause 7.2 or any other clause or provision of these
terms and conditions.
8. Legal Requirements
8.1 Just4Qualifieds will take all such steps as are reasonably practicable to
ensure that the Employer and Candidate are aware of any requirements imposed by
law or any professional body to enable the Candidate to work in the position
which the Employer seeks to fill and without prejudice to any of its duties
under any enactment or rule of law in relation to health and safety at work,
Just4Qualifieds shall make all such enquiries, as are reasonably practicable, to
ensure that it would not be detrimental to the interests of the Candidate or
Employer for the Candidate to work for the Employer in the position which the
Employer seeks to fill.
9. Liability
9.1 Except as specified in clause 9.7 below, Just4Qualifieds shall not be
liable to the Candidate for any loss of profit, revenue, goodwill, business or
anticipated savings or any indirect, special, incidental or consequential loss,
damage, costs, expenses or other claims (whether caused by the negligence of
Just4Qualifieds, its servants, agents or otherwise) which arise out of or in
connection with the Website, its use or provision of any services which are the
subject matter of these terms and conditions (including any delay in providing
or failure to provide any such service) and the entire liability of
Just4Qualifieds under or in connection with the contract between Just4Qualifieds
and the Candidate shall not exceed the total amount of the payments (net of
VAT, if applicable) actually paid by Just4Qualifieds to the Candidate in respect
of the relevant Engagement or, as appropriate, Refer-A-Friend Program.
9.2 Just4Qualifieds is an internet and software based automated service; it
is provided “as is” and the Candidate acknowledges that it is not technically
practicable for Just4Qualifieds to guarantee such service to be error free.
Just4Qualifieds endeavours to ensure continuous availability of the Website and
all the services available on it, but it does not accept responsibility for the
consequences of interruptions or delays however caused. The Candidate agrees
that if for any reason any errors are found to exist or if there shall be any
interruptions or delays to the service, they shall not constitute a breach of
these terms and conditions and shall not give rise to any liability on the part
of Just4Qualifieds.
9.3 Just Qualifieds does not check uploaded material for viruses, time and
logic bombs, Trojans or bugs. All material downloaded is at the Candidate’s own
risk and Just4Qualifieds shall have no liability for any corruption or
alteration of data or importation of any viruses, time or logic bomb, Trojan or
bug as a result of such downloading.
9.4 To the extent permitted by applicable law, Just4Qualifieds disclaims all
warranties with respect to the service being provided in the Website and its
use, either express or implied, including but not limited to any implied
warranties of merchantable or fitness for any particular purpose.
9.5 Just4Qualifieds specifically disclaims any and all liability for loss or
damage of any kind and howsoever arising, whether due to inaccuracy, error,
omission or any other cause, and whether on the part of Just4Qualifieds or on
the part of any other person.
9.6 Just4Qualifieds shall not be liable for any loss or damage suffered by
the Candidate as a result of the Candidate’s decision to resign from his
current employment before or after receipt of a written offer from an Employer.
9.7 Notwithstanding anything to the contrary in these terms and conditions,
Just4Qualifieds does not exclude or limit liability for death or personal injury
to the extent that such death or personal injury arises as a result of the
negligence of Just4Qualifieds.
9.8 These limitations and exclusions of liability shall, where applicable,
benefit not only Just4Qualifieds but also its employees, officers, directors,
agents and information providers.
10. Miscellaneous
10.1 Assignment: The Candidate may not transfer or assign any
of his rights under these terms and conditions to any other person.
Just4Qualifieds may transfer its rights under these terms and conditions to
another business where Just4Qualifieds reasonably believe the Candidate’s rights
will not be affected.
10.2 Rights of Third Parties: It is not intended that a third
party (including any Referee) should have the right to enforce any provision of
these terms and conditions pursuant to the Contracts (Rights of Third Parties)
Act 1999 and furthermore Just4Qualifieds may, and without the consent of a third
party to whom the right of enforcement of any of the terms has been expressly
provided vary and amend these terms and conditions from time to time.
10.3 Variation: Just4Qualifieds has the right to modify these
terms and conditions at any time by notice at login or by e-mail to the
Candidate to the e-mail address recorded for this purpose on the Website, and
if Just4Qualifieds does so, the Candidate has the right to give notice to
terminate its registration, to take effect immediately before such variation
would otherwise take effect; if the Candidate continues to use the Website
after the expiry of such notice, the Candidate will be deemed to have accepted
such modification of these terms and conditions and will thereafter be bound
thereby. Termination of the Candidate’s registration shall not affect any
existing contract made between the Candidate and Just4Qualifieds.
10.4 Suspension and Termination: Just4Qualifieds has the right
to terminate or suspend the Candidate’s access to the Website and his
registration where the Candidate is or Just4Qualifieds reasonably believes that
the Candidate has infringed any of these terms and conditions.
10.5 Invalidity: If any provision of these terms and conditions
is held to be invalid by a court of competent jurisdiction, such invalidity
shall not affect the validity of the remaining provisions, which shall remain
in full force and effect.
10.6 Entire Agreement: By using the Website the Candidate
accepts these terms and conditions. These terms and conditions supersede all
prior agreements, understanding, representations and arrangements between the
Candidate and Just4Qualifieds and constitute the entire agreement between the
parties as to their subject matter. Except as otherwise provided, no addition,
amendment or modification of these terms and conditions shall be effective
unless made in writing and signed by the Candidate and Just4Qualifieds or their
respective representatives.
10.7 Exercise of Rights: No failure to exercise or delay in
exercising any right or remedy provided under these terms and conditions or by
law constitutes a waiver of such right or remedy or shall prevent any future
exercise in whole or in part thereof.
10.8 Governing Law: These terms and conditions are governed by
and shall be construed in accordance with the laws of England and Wales and
Just4Qualifieds and the Candidate agree that the English courts shall have
exclusive jurisdiction save that either party shall be entitled to enforce its
rights in any other jurisdiction.
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