Terms and Conditions for Services for www.mastersavenue.com – a MTOC International Ltd. website.
By using the Services you (“you” or the “Customer”) agree to be bound by these terms and conditions for services (“Terms and Conditions”), and all policies referred to in these Terms and Conditions, each as may be modified by MTOC International from time to time.
These Terms and Conditions are in addition to the Terms of Use, the Privacy Policy and the Cookie Policy (together the “General Terms”), all as displayed on our Site, which also apply to the provision of the Services.
IF YOU DO NOT AGREE TO THESE CONDITIONS YOU MAY NOT USE OR ACCESS THE SERVICES
Application of the Conditions
By using the Services, you represent and warrant that you have read, understand, have the legal capacity to, and hereby agree to be legally bound by these Terms and Conditions.
MTOC International is permitted to make changes to these Terms and Conditions and any other policies or guidelines by notifying you via the contact details you have provided on the Site and/or by publishing the changes at the Site. Continuing to use the Service indicates that you fully accept the changes to the Terms and Conditions. Such modifications shall become effective immediately upon their being posted on the Site. Therefore, MTOC International encourages you to check the date of our Terms and Conditions and General Terms whenever you visit this Site to check if they have been updated.
Definitions
In these Terms and Conditions the following terms shall have the following meanings. Definitions used in any of these Terms and Conditions apply to all General Terms unless the context requires otherwise:-
· “Customer” means any legal entity or natural person (for example a sole trader, company, university, course provider, partnership or any other entity) that registers a Customer account on this Site, posts on the Site, or in any other way makes material on this Site available or purchases Services provided on this Site ;
· “Content” means resources, information, ideas, notes, tests, images, video, graphics, software, music, audio, information concepts, trademarks, service marks or other materials submitted to MTOC International by the Customer, Contributor or Content Provider;
· “MTOC International” or “us” or “we” or “our” refers to MTOC International Ltd., a company registered in England and Wales under company number 10554055 and with registered office at Third Floor 207 Regent Street, London, W1B 3HH;
· “Services” means the services provided on our Site;
· “Site” means the website currently located at www.mastersavenue.com and any successor and affiliated websites or any related websites.
Services Generally
The Customer is entirely responsible for creating and providing any Content it requires to us.
A Customer is entirely responsible for ensuring the accuracy of information and Content that it provides to us and for any advertisement or opportunity that posts to the Site upon instruction by the Customer. MTOC International does not accept liability for any consequences, howsoever arising, due to error or delay in provision of the Services and has the right at its sole discretion to decline to publish or omit, suspend or change the position of any advertisement, opportunity or Content provided by the Customer for publication on the Site.
MTOC International reserves the absolute right, without giving any reasons, to decline, cancel or remove any Content, advertisement, opportunity or to discontinue the provision of the Services for any reason and at any time without prior notice.
An advertisement, opportunity or otherwise which indicates, or can reasonably be understood as indicating, an intention to discriminate on grounds of sex, race or age will not be accepted unless it is exempted from the requirements of the Employment Equality Act or the Equal Status Act.
MTOC International shall be entitled at any time without notifying the Customer to make changes to the Services, which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
Obligations of MTOC International
MTOC International will use its reasonable endeavours to enable users to view the Customers’ Content on the Site and to provide the Services to the Customer. However, the Customer accepts that MTOC International cannot guarantee the functionality of the Site 100% of the time.
In order to maximise the opportunities for the Customer, MTOC International shall be entitled, but not obliged, to market such opportunities on third party distribution and publishing websites, such as (purely for example purposes) LinkedIn, Glassdoor and Indeed.
Obligations of the Customer
The Customer hereby undertakes and warrants to MTOC International:
· that it will use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorised persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Customer’s hardware and the rest of the Site;
· that it will comply with the provisions of the Data Protection Act 1998 (and any related or updated legislation applicable) or relevant legislation with regard to any user information received by it and in particular to keep such information confidential;
· that in relation to any opportunity or advertisement the Customer is a principal notwithstanding that the Customer may be acting directly or indirectly for a third party;
· that the publication of the opportunity or advertisement through the Site by MTOC International as originally submitted or as amended will not breach any agreement or infringe or violate any right of any person or render MTOC International liable to any proceedings whatsoever and the Customer indemnifies MTOC International against all costs, claims, damages, loss, expenses and liabilities suffered or incurred by MTOC International as a result of this undertaking and warranty being incorrect;
· that any information supplied by the Customer in connection with the provision of the Services is accurate, complete and true;
· that in respect of any advertisement which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Customer has obtained the authority of such living person to make use of such name, representation and/or copy to permit MTOC International to perform its obligations and exercise its rights set out in these Terms and Conditions;
· that each advertisement and all content posted to the Site on behalf of the Customer or use of the Site by the Customer is legal, decent, honest and truthful and complies with all applicable laws, rules, regulations and codes relating to advertising as may be appropriate;
· that if a Customer’s employer has rights to intellectual property the Customer creates, the Customer has either (i) received permission from the employer to post or make available the Content, including but not limited to any software, or (ii) secured from the employer a waiver as to all rights in or to the Content.
The Customer shall indemnify MTOC International against all claims made by the third parties in respect of the misuse of the data supplied to the Customer.
License to use Customer’s name, trademarks and logos
The Customer agrees that MTOC International may use the Customer’s name, trademarks and logos for the purposes of providing the Services. Therefore, by sending or transmitting Content (including, but not limited to, job postings or course offers) to us, or by posting such Content to any area of the Site, the Customer grants us a worldwide, non-exclusive, sub-licensable (through multiple tiers), assignable, royalty-free, perpetual, irrevocable right to link to, reproduce, distribute (through multiple tiers), adapt, create derivative works of, publicly perform, publicly display, digitally perform or otherwise use such Content in any media now known or hereafter developed.
The Customer gives us permission to display their logos, trademarks and names on our Site and in press and other public releases or filings.
Additionally, the Customer agrees that MTOC International may mention the Customer as a reference customer in MTOC International’s marketing materials (such as eg. but not limited to websites and brochures), and that MTOC International may present examples of the Content provided by the Customer in this context.
Further, by submitting Content to MTOC International, the Customer acknowledges that they have the authority to grant such rights to MTOC International.
PLEASE NOTE THAT THE CUSTOMER RETAIN OWNERSHIP OF ANY COPYRIGHTS, TRADEMARKS AND SERVICE MARKS IN ANY CONTENT THEY SUBMIT.
None of the Content provided by the Customer is endorsed by MTOC International, and MTOC International cannot and does not make any representations with respect to the truth or reliability of the Material. MTOC International reserves the right to remove any Material, in whole or in part, from the Site.
Fees and Payment
The Fees payable shall be those prices set out on the Site or communicated to you directly by email from time to time. All Fees are quoted exclusive of VAT or other applicable sales tax, for which the Customer shall be additionally liable.
The Fees have to be paid in advance for the full duration of the agreement between us and the Customer and no cancellation rights apply except for statutory cancellation rights.
If you provide your credit, debit or PayPal details to MTOC International, you hereby authorise MTOC International to bill such credit, debit or PayPal account for the Fees.
An invoice for the Fees will be issued by us once an agreement for services has been signed by the Customer. All items on the invoice are deemed to be payable and any errors or omissions must be communicated to us in time to be rectified before payment becomes due.
The invoice will be sent to the email address the Customer provides as their accounts payable contact. The Fees will be due for payment in full prior to the start of the service. If the Customer fails to make any payment by the due time then all moneys owing by the Customer to us shall immediately become due and payable.
The Customer agrees to pay to us in respect of each item of Services for which payment is not made by the due time interest on the amount paid late at the rate of 4% per annum above the Bank of England base accruing from day to day (including the date on which payment was due).
SUBSCRIPTIONS
If you agree to an automatically renewable subscription contract, we will communicate with you regularly to give you details about the Services. At least 10 days prior to the end of your subscription, we will send a notice to the email address identified in your account profile and let you know the renewal Fees and give you an opportunity to review your use of the Service.
If you do not want to renew your subscription with us you must contact either your Account Manager or email us at your usual contact before the renewal date. If you do not email us we will renew your subscription for another term using the payment method set out in your account profile.
Termination
The Customer may terminate in writing the provision of Services as follows:
· We are in material breach of these Terms and Conditions and have not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or
· We become insolvent, cease to trade or go into liquidation.
MTOC International may terminate the provision of Services if:
· The Customer is in material breach of these Terms and Conditions and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied, or:
· The Customer becomes insolvent, ceases to trade or goes into liquidation.
Liability
MTOC International is merely a conduit to facilitate the introduction of Customers to users and potential applicants. MTOC International does not verify or guarantee any user details whether forwarded to the Customer via MTOC International or otherwise. MTOC International accepts no responsibility as to the suitability of users who respond to advertisements or Services.
The Customer shall satisfy itself as to the suitability of any applicant and shall take up any reference provided by the applicant before engaging any such applicant.
The Customer shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law.
MTOC International does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, contracts, anticipated loss of savings, loss of goodwill, use or opportunity, wasted management or office time) howsoever resulting from the Customer’s use of (or inability to use) this Site, or results of the use of this Site, any websites linked to it and any materials posted on it. This does not affect MTOC International’s liability for any matter which cannot be excluded or limited under applicable law.
MTOC International makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, “cookies”, or any other malicious or impairing computer programmes and/or that the Site shall operate uninterrupted and error-free.
MTOC International does not accept liability, of any description, however arising, for any loss or damage caused to any Customer, or any other third party, arising from any virus or other impairing computer program or information submitted by any user or applicant.
MTOC International does not accept liability for any loss of copy, artwork, photographs, data or other materials that the Customer supplies to MTOC International and the Customer shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, MTOC International, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Indemnity
You shall defend, indemnify and hold harmless MTOC International against claims, actions, proceedings, losses, damages, expenses and costs (including without limitation court costs and reasonable legal fees) arising out of or in connection with your use (including that of any of your employees, agents or contractors) of the Services (including without limitation any claim arising from any incomplete, inaccurate, incorrect information submitted by users or applicants).
Governing Law and Jurisdiction
These Terms and Conditions shall be governed by, and construed in accordance with, English law and each party irrevocably submits to the exclusive jurisdiction of the courts of England and Wales.
Miscellaneous
Clicking on the confirm, publish or agree button or signing an agreement with MTOC International amounts to an acceptance of these Terms and Conditions and the General Terms with MTOC International to the exclusion of any other terms and conditions.
If any provision of these Terms and Conditions is held to be void or unenforceable in whole or in part, these Terms and Conditions shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by MTOC International shall be effective except in relation to the matter in respect it was specifically given.
MTOC International may amend the terms of these Terms and Conditions at any time by amending this page. The Customer is expected to check this page from time to time to take notice of any changes MTOC International has made, as they are binding.