Terms and Conditions
THESE TERMS AND CONDITIONS APPLY TO ANY USER OF OUR WEBSITE AND SERVICES
By registering to use this Website and any of our Services and the Content available on it, Users are treated as automatically accepting these terms and conditions
In these terms and conditions, the following words shall have the meaning set out as follows:
“Caroo”; ‘we’; ‘us’; and ‘our’; means Caroo Ltd, company number 10112741;
“Caroo App” means the application, available on certain third party platforms notified to Users by Caroo via the Website from time to time, used by Candidates to access the Website and Services, and subject to the end user licence terms of the relevant platform provider;
“Candidate”; means any person registering with Caroo or using any of our services to assist with a job search or career progression;
“Candidate Agreement” as defined in paragraph 1 of Section 2;
“Content” means the information, guides, data and other material or content appearing on the Website or in the Caroo App;
“Employer”; means any company, firm, person or organisation (other than Recruiters who are prohibited from using the Services) who uses the Services in connection with the recruitment of staff or personnel to its own organisation or group companies;
“Employer Agreement” as defined in paragraph 1 of Section 3; “Output” means any output generated by the Website or the Services as a result of input or instruction from a User;
“Recruiter” shall have the meaning set out in paragraph 4 of Section 1;
“Website” means our website at www.mycaroo.com;
“Service(s)” means the service or services provided by Caroo to Candidates (via the Caroo App and the Website) and to Employers (via its Website);
Users means any company, firm, person or organisation who accesses or uses the Website and/or Services (and shall include Candidates and Employers);
User Content means any information, materials or content uploaded by Users to the Website using our online tools;
Terms means these terms and conditions and all applicable additional terms.
- The Website and Services available on the Website are provided to enable (i) individuals who are Candidates to create (and at the Candidates option, make publicly available to potential Employers) a business or employment profile using our tools and to search for job opportunities with potential Employers and general career information and (ii) Employers to assist in selection and recruitment of staff. Users shall use the Services and Website for these purposes only and for no other personal or commercial purpose. Users shall not use, copy, display, transmit or distribute any Content works or material from the Website save to the extent necessary for the above purposes.
- All intellectual property rights in the Website and the Content and any tools available as part of the Services (including the Caroo App) belong to Caroo or its third party suppliers. We may change the Content or the design and specification of the Website at any time and may remove User Content at our discretion. Users of the Caroo App agree to comply with terms of the end user licence terms provided by the relevant third party platform provider prior to or at the point of download from the third party platform.
- In the event that any User uses the Website, Content or Services in breach of these Terms and/or for any purpose other than those stated in these Terms, Caroo may terminate that User’s right to use this Website and the Service.
- This Website shall not be used by any person, firm or company who is, or who is acting as agent or otherwise on behalf of any employment agency or employment business or any recruitment business who provide services to enable third parties to recruit personnel (“Recruiter”) (and for the avoidance of doubt such restriction shall apply to the use by any Recruiters for their own internal recruitment purposes) . A person who registers as a Candidate shall not use the Service as an Employer or Recruiter or in connection with the recruitment of any person other than themselves or to contact any Employers regarding the services of any Recruiter or any other person. In the event of a breach of this paragraph by a Candidate, Caroo may: (i) terminate the Candidates’s right to use this Website and the Service; (ii) terminate any relevant Candidate Agreement; (iii) delete the Candidate’s profile from the Website and its systems. In the event of a breach of this paragraph or any other provision of these Terms by a Recruiter purporting to be an Employer or Candidate, Caroo may terminate such Recruiter’s use of the Services and Website in which event the Recruiter shall not be entitled to a refund of any fees previously paid to Caroo in respect of periods prior to, during or after such termination.
- We will endeavour to make the Website and Services available at all times and to keep downtime to a minimum but do not guarantee that the Website, Caroo App and Services will be uninterrupted or continuously available. We do not accept any liability or responsibility to Users or any other person for the consequences of interruptions or delays, howsoever caused.
- Caroo makes no representations, guarantees or warranties about the accuracy, completeness, or suitability for any purpose of the Content or Output. The Content and Output may contain technical inaccuracies or typographical errors. The use of Content and Output is therefore entirely at the User’s own risk.
- Users should be aware that calls with Caroo may be recorded for staff training purposes.
- Save to the extent permitted by law, Caroo does not warrant that the Website, Caroo App or Services will operate without error or that the Website, Caroo App or Services are free from infection by viruses and Caroo shall have no liablity in respect thereof.
- Nothing in these Terms shall exclude any person’s liability for fraud or liability for death or personal injury arising from its negligence (or the negligence of its agents) or any liability that is not permitted by law to be excluded. None of the exclusions and limitations in these Terms are intended or shall have effect to limit any rights any User may have as a consumer under local law or other statutory rights which may not be excluded. Subject to the foregoing:
- all liability of Caroo, its directors or employees howsoever arising for any loss whatsoever arising from Users’ use of or inability to use the Website and/or the Services is excluded to the maximum extent permitted by law.
- Caroo’s maximum liability to an Employer is set out in Section 3.
- Caroo’s maximum liability to a Candidate in contract, tort (including negligence), breach of statute or howsoever arising in connection with the Website or the Services shall not in any event exceed £2,000.
- It is acknowledged by Candidates and Employers that Caroo does not introduce or supply Candidates to Employers (or vice versa) and makes no representations or recommendations in respect of any Candidate or Employer. It is the responsibility of Employers to ensure that a Candidate is suitable for a role. It is the responsibility of the Candidate to ensure the suitability of any role at an Employer.
- Users shall not do anything that may harm the Website, Caroo App or Caroo’s IT systems or any third party IT system including without limitation the introduction or transmission of any virus, malware or other harmful code, content or material.
- Users shall not use the Website, Caroo App or the Services to transmit or receive (or authorise or permit any other person to receive or transmit) material which is offensive, abusive, defamatory, indecent or obscene or infringement of any intellectual property, privacy or any other rights or which may cause offence to others including racist or sexist content or material which otherwise violates any applicable law or regulation or code.
- Save to the extent required by law, no warranties, representations, guarantees or terms are made in respect of the Website, Caroo App, Services, Content or the Output (including, without limitation, any career information, articles, advice, listings, or editorial or third party comment contained in the Website or Services). All representations, warranties, conditions or other terms (whether written or oral, express or implied by statute, common law or otherwise) are excluded to the extent permitted by law.
- Caroo is not responsible for third party content on the Website (including content generated by Employers and/or Candidates). In particular, Users acknowledge that Caroo is not responsible for and does not monitor the content of job postings provided by Employers and third parties on the Website. Caroo shall have the discretion to remove any listings, postings, materials or other items on the Website which it believes are inappropriate, illegal or potentially damaging to its business.
- The Website may contain links to other third party websites. These links are included to try and improve the experience of Users and not as an endorsement by Caroo of the contents of such third-party websites. Caroo has not verified their accuracy or suitability and is not responsible for the content of linked third-party websites and does not make any representations relating to the content or accuracy of materials on such third party websites and Users who access linked third-party websites do so at their own risk.
- Each User agrees to defend, indemnify, and hold harmless Caroo, its officers, directors, employees and agents, from and against any claims, actions or demands resulting from (i) any User Content or other content or material provided to Caroo by or on behalf of that User or (ii) the User’s breach of these Terms.
- Caroo reserves the right to terminate a User’s registration with, or ability to access, the Website and/or any Services, upon any breach by that User of these Terms. Caroo may terminate, suspend or deny a User access to the Website and/or Services immediately if it suspects that a breach of these Terms has been committed.
- Each User agrees and warrants that it has the right and capacity to use the Services and that all and any personal details provided when registering for the Website and/or Services are true, accurate and complete and agrees to notify us of any changes which are relevant to the User’s registration.
- Failure or delay by Caroo to exercise or enforce any right given by these Terms shall not be deemed to be a waiver of any such right nor operate so as to prevent the exercise or enforcement of these Terms.
- If any provision of these Terms is found by any court or competent authority to be invalid, unlawful or unenforceable, such provision, or part thereof, shall be severed from the remaining terms which shall continue to be valid and enforceable to the fullest extent permitted by law
- The User may not assign, transfer, sublet, lease or delegate all or any of its rights and obligations, without Caroo’s prior written consent. Caroo may assign or transfer all or any of its rights and obligations under these Terms to any companies in the same group as Caroo Limited or any other third party. In the event of assignment or transfer, affected Users will be notified by e-mail or via a post on the Website.
- These Terms constitute the entire agreement between Caroo and Users in respect of the subject matter and supersedes and replaces any prior written or oral agreements, representations or understandings.
- Caroo may vary these Terms and/or the Services from time to time. Such changes shall either be notified to Users by e-mail or posted on the home page of the Website. Changes shall be treated as accepted if by a User who continue to use the Website and/or the Services after the date of transmission of the e-mail, or of posting on the home pages of the Website, whichever occurs later.
- We shall not be liable to any User for (i) any economic loss, loss of earnings, profit or contracts, loss of data (whether direct or indirect) or (ii) any consequential, indirect or special losses incurred as a result of the User’s use of the Services or Website.
- We shall not be liable to any User for any failure, delay, loss or damage that results or arises from any event that is beyond our reasonable control.
- Any notices from us to a User, or a User to us, shall be sent by email (to the email registered by the User with us) or first class post to, for Users, the last address provided by a User to us. Notices to Caroo shall be sent in the manner prescribed on the Website or Application (or if not prescribed) to email@example.com or if by post, to our registered office stated on the home page of our Website.
- These Terms shall be governed by the laws of England and Wales and Users hereby submit to the exclusive jurisdiction of the English courts.
Additional Terms for Candidates (also referred to as “You” in this Section 2)
- These additional terms together with the above general terms (in Section 1) will form a contract between the Candidate and us referred to in these Terms as a “Candidate Agreement”. You agree to abide by the Terms.
- The Candidate acknowledges and agrees that the Candidate is solely responsible for the presentation, accuracy and completeness of any information, data, CV and other User Content placed by the Candidate or on his or her behalf on the Website, and for keeping such information up to date at all times. The Candidate acknowledges that he or she may be contacted directly by Employers by email, post or telephone, subject to the choices and selections made in the Candidate Website profile.
- The Candidate acknowledges that any Employer who registers with the Website may contact the Candidate via the chat facility on the Website and in any other manner agreed between the Candidate and the Employer. The Candidate has sole responsibility for any arrangement, dealings or negotiations with Employers who contact the Candidate and Caroo shall have no involvement with such matters or responsibility or liability to Candidate in respect of the method or manner of such approach or any dealings following first contact.
- We make no warranty that by subscribing to the Website or the Service that you will be contacted by Employers or that you will secure a job.
- We do not store Candidates’ credit/debit card details.
- We try to ensure that measures are taken to prevent any searches made using the Services and/or Website do not discriminate against age, disabilities, gender or race. It is the responsibility of Users to ensure that they comply at all times with anti-discrimination laws when using the Services and Website. Caroo does not discriminate against anyone registered to or using the Website or Services. Candidates should be aware however that the search tools on the Website do not have the functionality to exclude any Candidates with disabilities.
- The Services and information provided via the Website by us and our third party suppliers are intended to help Users in the job seeking or recruitment process. Whilst we endeavor to make these helpful and relevant, neither we nor our third party suppliers make any warranties or representations as to their suitability or prospects of success in any specific case. Candidates should obtain independent verification before relying on information provided on the Website in circumstances which may result in loss or damage.
- Caroo may terminate the Candidate Agreement and delete Your account on the Website and all of Your Information in the following events: (i) You breach any provision of the Terms or Candidate Agreement, (ii) We have reason to believe that your account contains inaccurate information or your continued use of the Services may in our opinion be detrimental to our business (iii) your account has been inactive for a period of 12 months.
- By registering your profile on Caroo you agree that we may also store and show and make available (using our online tools where appropriate) your CV and profile details and information on the Website, where they will be accessible and visible to Employers [and other Users].
Additional Terms for Employers (also referred to as “You” and “your” in this Section 3)
- These additional terms together with the above general terms (in Section 1) will form a contract between the Employer and us, referred to in these Terms as an “Employer Agreement”. You agree to abide by the Terms.
- Upon the registration of your Employer account with Caroo on the Website, you will be deemed to have accepted these Terms. Your Employer Agreement will start on the date of registration and will continue for a free trial period of 1 calendar month, or such longer trial period as may be agreed in writing with Caroo (“Trial Period”). You may terminate the Employer Agreement at the end of the Trial Period by giving us at least 7 days’ written notice to expire no later than the end of the Trial Period. If you do not give such notice, the Employer Agreement will then continue for a further period of 3 calendar months (“Initial Period”). At the end of the Initial Period, the Employer Agreement will continue unless you give us at least 30 days’ written notice to expire no later than the end of the Initial Period. If you do not give such notice, the Employer Agreement will continue for successive rolling one calendar month periods until terminated by you by giving us at least 30 days’ written notice to expire at the end of any such one calendar month period. All written notices given by you under this paragraph shall be given by Email (firstname.lastname@example.org) [prescribe how the notices can be given]. The Employer Agreement may also be terminated in accordance with paragraph 19 below.
- Payment Terms: You shall pay the monthly subscription fees. The monthly fees will depend on your subscription package purchased by you and shall be paid monthly in advance. The subscription package is based on the number of career listings that the Employer is entitled to place on the Website during the relevant accounting period (regardless of whether the Employer actually places the listings). All Prices exclude VAT unless specified otherwise. All invoices are payable immediately. Failure to pay on the due date will entitle us to suspend provision of Services. Interest will be payable on late payments at the rate of 3% above base rate of Barclay PLC from time to time. If you cancel your payment and/or terminate the Employer Agreement prior to the expiry of the relevant Trial Period, Initial Period or relevant renewed monthly period without giving the required written notice, we will not refund any fees already paid to us and you will be liable to pay the fees in respect of the full term of the relevant Employer Agreement. We may change the monthly fees from time to time, but will give you at least 1 months’ notice in advance. Price changes will take effect at the start of the next monthly period following the date of the price change. As permitted by law, you accept the new price by continuing to use the Service after the price change takes effect. If you do not agree with the price changes, you have the right to reject the change by unsubscribing from the Service and terminating the Employer Agreement by giving us at least 30 days’ written notice to expire no later than the date the price change is due to take effect. Please therefore make sure you read any such notification of price changes carefully.
- Where Caroo needs to recover overdue and outstanding fees from the Employer, it will also charge for debt collection should it be necessary, following failure to pay by the Employer. This will be carried out by an agency registered with the Financial Conduct Authority. In this event the Employer agrees that additional charges will be levied to cover the costs of the debt collection agency.
- You warrant and represent that all of the information you supply to us in connection with the Website and Services is accurate, correct, truthful and complete. You agree to inform us promptly in writing by updating your registration details on the Website of any changes to any of the information supplied by you to us. We reserve the right to terminate your account and the Employer Agreement in the event that any of the information provided by you to us is no longer current or accurate or in the event that you are in breach of these Terms.
- We will provide the Services with reasonable skill and care. However, we do not verify information provided by Candidates and cannot verify or guarantee the accuracy, completeness or authenticity of any of the Candidate profiles, CVs or other information on the Website. You acknowledge and agree that such information is beyond our control, and that we do not accept liability (including without limitation to pay refunds) in the event of inaccurate, untruthful or incomplete information being submitted by Candidates.
- You agree that you will only use information relating to Candidates for the purposes of prospective recruitment by you of such Candidates and will not use such information in any way that infringes any proprietary interests of the Candidate or any third party. You agree not to disclose any information provided by the Candidates to any third parties, or those not directly related to the recruitment process of the individual(s) in question. In the event that you do not recruit such Candidates, You agree to delete such information from your possession after a reasonable period and in compliance with applicable data protection legislation. You warrant, in respect of personal data of Candidates used or otherwise processed by you, that you will at all times comply with data protection and privacy legislation applicable from time to time.
- You are not permitted to:
- use the Service or Website for the purposes of reselling to recruitment agencies or other companies or agencies for the purpose of recruitment.
- download information from the Website for any reason other than recruiting for a current vacancy at your company or within your group.
- Use software other than a browser to download information from the Website.
- Contact Candidates for any reason other than recruitment by you, the Employer, of those Candidates.
- You agree not to do anything that would bring the Website into disrepute or otherwise damage the goodwill or reputation of the Website or Caroo.
- You shall comply with all applicable privacy and data protection laws, including without limitation the Data Protection Act 1988 (and all subsequent and succeeding privacy and data protection legislation) in particular (but without prejudice to the foregoing) when processing personal data of Candidates.
- You shall not disclose any data or information obtained from the Website to any third party.
- You agree to deal professionally with Candidates and not to do anything which may bring Caroo into disrepute or otherwise harm its reputation.
- It is your responsibility to carry out such checks and procedures as are necessary to ensure that Candidates are suitable for your needs and the job advertised and have the required qualifications and personal characteristics. We accept no responsibility for such matters.
- You shall comply with our rules regarding the content and format of jobs posted on Caroo. You are solely responsible for the content of job listings and adverts. Caroo shall have no responsibility for the content of job adverts.
- All information provided to you by us should be treated as confidential and you agree not disclose such information including your username and/or password to any third parties and only to those within your organisation who need to know the same for the purposes of using our Services in accordance with these Terms. Passwords are for the sole use of the person to whom they are issued and must be kept confidential and secure. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the User is breaching these Terms. You agree to notify us promptly in the event that your password is, or may be, known to any person(s) other than those to whom it was issued. Upon notification of such an event, we will invalidate such password, and will issue a new password.
- We shall not be liable for any losses, damages or claims which result directly or indirectly from any person obtaining any passwords that we have issued to you, other than through our gross negligence or wilful default.
- Our total liability to the Employer in respect of any Services (in contract, tort (including negligence), breach of statute or howsoever arising) except for death or personal injury caused by our negligence or for our fraud, is limited to the total amount paid to us for such Services or £5,000 (five thousand pounds) whichever is the greater.
- You agree that Caroo may use you use your company name, logo, graphics and other corporate identity and digital assets for the purposes of promoting and marketing the Website and Services and the Caroo App. We agree that we will use only publicly available information and materials for this purpose.
- The Employer Agreement will continue unless terminated under paragraph 2, or in accordance with this paragraph 19. We may terminate the Employer Agreement at any time by 30 days’ notice. We reserve the right to terminate the Employer Agreement immediately and payment will become due immediately of all outstanding amounts upon the occurrence of any of the following events:
- You fail to pay any amount due to us on the due date;
- You are a limited company and call a meeting of creditors or are otherwise the subject of proceedings under the Insolvency Act of 1986, or are unable to pay your debts as they fall due within the meaning of section 123 of the Insolvency Act of 1986,
- You cease to trade or go into liquidation;
- You are an individual and are declared bankrupt or enter into any arrangement or compromise with your creditors;
- You are in breach of the Employer Agreement and, where the breach is remediable, have not remedied this breach within seven (7) days of notice specifying the breach and requiring it to be remedied.