Terms and Conditions

TheJobCrowd Terms and Conditions

 

Most Importantly: What happens to reviews?


There are two parts to reviews - the 'review' part (Sections 1 and 2) and the 'survey' part (Section 3, or Q5, onwards).

The review part may be published to TheJobCrowd.com website. The vast majority of reviews are published but we moderate them all first to check that they are of sufficient quality to be useful on the site, and there are some occasions where an employer requests that their reviews aren't published.
The survey part is not published to the site and is only visible to TheJobCrowd. We provide market research to employers and other organisations which include quotes from surveys and aggregated data however the information in this research will always be anonymised. In the case of quotations, this means that the quotes will never be provided with any information (e.g. job title, career area etc) of the reviewer who said it. In the case of data, it will only be aggregated and displayed when there are more than 4 reviewers within the same group (e.g. we may provide an average rating given by the 'Marketing Team', but only in the event that there are at least 4 people in that team).

We take the privacy and anonymity of our users very seriously so please consider the above when writing your review and survey and please contact us should you have any concerns.

 

The Rest:

Please also see our Privacy Policy
1. Introduction

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These Terms and Conditions relate to all usage of the website www.thejobcrowd.com, which is operated by TheJobCrowd Ltd. (We, Us, Our). By using our site in any way, including completing and submitting a job review ('case study', 'description', 'contribution') you accept these terms and conditions in full, in particular if making a contribution to the site, please ensure that you are happy with Section 5, relating to your responsibilities and assurances when posting User Generated Content. If you disagree with these terms and conditions or any part of these terms and conditions, you must not use our site.

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You must be at least 16 years of age to use our website. By using our website and/or by agreeing to our terms and conditions you warrant and represent that you are at least 16 years of age.

2. Licence to use website

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Unless otherwise stated, we or our licensors, business partners and affiliates (if any) own the intellectual property rights of our entire website including all material submitted to it. Subject to the licence below, all these intellectual property rights are reserved.

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You grant to us a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, adapt, edit, publish, translate and distribute your user content in any existing or future media, except any portion of the Content wich we explicitly state that we will not publish (e.g. your email address). You also grant to us the right to sub-license these rights, and the right to bring an action for infringement of these rights.

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You irrevocably and unconditionally waive all rights to be identified as the author of the Content that you submit to us, to which you may now or at any time in the future be entitled under the Copyright, Designs and Patents Act 1988 (as amended) and under any similar legislation outside the UK.

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You specifically acknowledge that we have the unconditional and perpetual right to:

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 edit, alter, add to, subtract from and combine the Content with any other material (except any portion of the Content that is Personal Information);

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reproduce, publish, distribute, communicate to the public and generally disseminate the Content in any media and by any means, whether now known or subsequently invented;

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You have sole responsibility for the Content which you submit to u

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You must not:

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republish material from this website (including republication on another website);

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sell, rent or sub-license material from the website;

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show any material from the website in public;

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reproduce, duplicate, copy or otherwise exploit material on our website for a commercial purpose;

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edit or otherwise modify any material on the website, except where you specific and expressed consent to do so; or

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redistribute material from this website except for content specifically and expressly made available for redistribution.

3. Acceptable use

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You must not use our website in any way that causes, or may cause, damage to the website or impairment of the availability or accessibility of the website; or in any way which is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.

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You must not use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

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You must not conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to our website without our express written consent.

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You must not use our website to transmit or send unsolicited commercial communications.

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You must not use our website for any purposes related to marketing without our express written consent.

4. Restricted access

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Access to certain areas of our website may be restricted or subject to charge. We reserve the right to restrict or charge for access to areas of our website, or indeed our whole website, at our discretion.

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If we provide you with a user ID and password to enable you to access restricted areas of our website or other content or services, you must ensure that that user ID and password is kept confidential.

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We may disable your user ID and password in our sole discretion without notice or explanation.

5. User generated content

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In these terms and conditions, “User Generated Content” ('your user content') means material (including without limitation text, images, audio material, video material and audio-visual material) that you submit to our website, for whatever purpose.

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Constructive, not defamatory: TheJobCrowd.com is intended to be a constructive platform where employees reveal useful details about the nature of their jobs. It is specifically not designed to be used for any defamatory or illegal material of any nature. Please think very carefully about any negative comments that you may make as it is your responsibility to ensure that your user content is in no way defamatory.

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No illegal content: Your user content must not be illegal or unlawful, must not infringe any third party's legal rights, and must not be capable of giving rise to legal action whether against you or us or a third party (in each case under any applicable law). This includes restricted, classified and confidential company information. You must not submit any user content to the website that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.

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Your own view: You must only upload user content (by writing a review or similar) if you are doing so entirely freely, with noone (including your company) having mandated you or forced you in any way to write anything specific. By uploading your contribution and accepting these terms and conditions, you confirm that your contribution is true, accurate, is your own opinion and is derived from your personal experience. It is strictly prohibited to contribute content as an impersonation, for example by claiming to be an employee for a company that you have not worked for.

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No offensive or abusive language: Your User Generated Content must be constructive and polite with no offensive or abusive language. In particular, reviews must contain no unlawful or objectionable content: unlawful, harassing, defamatory, abusive, threatening, harmful, obscene, profane, sexually oriented, racially offensive or otherwise objectionable material is not acceptable. You must not make any mention of individuals by name.

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Right to Moderate and Edit: TheJobCrowd moderates all reviews that are submitted in an attempt to ensure that they abide by our terms and conditions. While we would hope to be able to publish all case studies submitted, we reserve the right to publish or not publish to our website any submission for any reason whatsoever, including but not limited to failure to abide by these terms and conditions. We will be under no requirement to justify our decision to publish or not publish any case study submitted. We reserve the right to edit or remove any material submitted to our website, or stored on our servers, or hosted or published upon our website at any time and for any reason.

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While we attempt to moderate and publish appropriate reviews in a timely manner, we are under no obligation to moderate and publish user generated content within any specified time period.

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Views expressed do not belong to TheJobCrowd: The views expressed in all user generated content displayed on our site are those of the members of the public who uploaded them and are not those of TheJobCrowd Ltd, regardless of whether or not they pass our moderation process.

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Accuracy: We make no representations whatsoever as to the accuracy of the content submitted and displayed on our website.

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Notice Procedure: In the event that you believe that content on our site is defamatory or provably inaccurate, please see Section 16 for our notice procedure

6. Safety

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We advise that you never reveal any personal information about yourself or anyone else (for example: telephone number, home address or email address) in your case study, and please do not include postal addresses of any kind.

7. Limited warranties

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We do not warrant the completeness or accuracy of the information published on this website; nor do we commit to ensuring that the website remains available or that the material on the website is kept up-to-date.

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To the maximum extent permitted by applicable law we exclude all representations, warranties and conditions relating to this website and the use of this website (including, without limitation, any warranties implied by law of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill).

8. Limitations and exclusions of liability

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Nothing in these terms and conditions will:

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limit or exclude our or your liability for death or personal injury resulting from negligence;

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limit or exclude our or your liability for fraud or fraudulent misrepresentation;

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limit any of our or your liabilities in any way that is not permitted under applicable law; or

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exclude any of our or your liabilities that may not be excluded under applicable law.

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The limitations and exclusions of liability set out in this Section and elsewhere in these terms and conditions:

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are subject to the preceding paragraph; and

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govern all liabilities arising under the terms and conditions or in relation to the subject matter of the terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

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To the extent that the website and the information and services on the website are provided free-of-charge, we will not be liable for any loss or damage of any nature.

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We will not be liable to you in respect of:

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any losses arising out of any event or events beyond our reasonable control.

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any business losses, including (without limitation) loss of or damage to profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities or goodwill.

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any loss or corruption of any data, database or software.

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any special, indirect or consequential loss or damage.

9. Breaches of these terms and conditions

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Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, we may take such action as we deem appropriate to deal with the breach, including suspending your access to the website, prohibiting you from accessing the website, blocking computers using your IP address from accessing the website, contacting your internet service provider to request that they block your access to the website and/or bringing court proceedings against you

10. Variation

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We may revise these terms and conditions from time-to-time. Revised terms and conditions will apply to the use of our website from the date of the publication of the revised terms and conditions on our website. Please check this page regularly to ensure you are familiar with the current version.

11. Assignment

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We may transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions without notifying you or obtaining your consent.

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You may not transfer, sub-contract or otherwise deal with your rights and/or obligations under these terms and conditions.

12. Severability

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If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

13. Entire agreement

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These terms and conditions, together with our privacy policy, constitute the entire agreement between you and us in relation to your use of our website, and supersede all previous agreements in respect of your use of this website.

14. Law and jurisdiction

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These terms and conditions will be governed by and construed in accordance with English law, and any disputes relating to these terms and conditions will be subject to the non-exclusive jurisdiction of the courts of England and Wales. We have made our best attempt to ensure that our website complies with UK laws. We make no representations that the materials on our website are appropriate or available for use in locations outside the UK. Those who visit our website from other locations do so on their own initiative and are responsible for compliance with all applicable laws

15. Our details

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All contact for this company should be made to:

Lewis Business Media

Suite A, Arun House

Office Village

River Way

Uckfield

East Sussex, TN22 1SL

 

info@thejobcrowd.com

16. Notice of Defamatory Content

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TheJobCrowd endeavours to be a constructive platform where employees can provide insights into working at particular companies and particular careers. We are explicitly not seeking to be a platform where people can make derogatory or defamatory comments without basis. To this extent, in the event that you feel that a particular contribution or aspect of it is defamatory, we will endeavour to work with you to find a speedy and satisfactory resolution to the issue. To ensure that we are able to do so, you must inform us of the issue in the appropriate manner, as detailed below, as soon as you become aware of it.

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Please be aware that statements that are true or that reflect an honest opinion (e.g. negative review) are not usually themselves a basis for defamation. You should therefore carefully consider the facts before you make a claim (and take legal advice if in doubt), as a false claim may expose you to liability.

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TheJobCrowd reserves the right to ask for verification of your identity and to seek further information from you to clarify the basis of your claim. Please note that TheJobCrowd may not be able to investigate claims that are anonymous or incorrectly addressed or do not provide sufficient information in the form of the Notice set out below. We will use reasonable efforts to identify defamatory content when notified but cannot be responsible where you have failed to provide all the relevant facts or where these facts cannot be ascertained. Any personal data you provide to us will be used in accordance with our Privacy Policy; please review this before sending personal data to us.

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Warning: Any statement you make may be used in court proceedings. Any false, misleading or inaccurate information provided by you may result in civil and criminal liability.

If you wish to notify TheJobCrowd of an allegedly defamatory statement contained on this website please complete the notice below and send a signed and dated copy electronically to:

info@thejobcrowd.com

We will endeavour to acknowledge your email as soon as possible so if you do not receive acknowledgement of your email within 24 hours, please resend the notice.

You must also include a postal address, your daytime telephone number and an e-mail address so that TheJobCrowd may respond to the Notice.

Notice to TheJobCrowd of Defamatory Content

[state your full name] of [state your postal address, daytime telephone number and email address], say as follows:

 

1. I refer to the website www.thejobcrowd.com (the “Website”) and now give notice to MyNineToFive Ltd. that via its Website it is causing or contributing to the publication of a defamatory statement.

2. The relevant statement appears on the Website at [please cut and paste the posting in which the relevant statement appears and the address of the relevant web page from the Website where the defamatory words appear].

3. The words I consider to be defamatory are: [please repeat the exact words appearing on the Website which you are complaining about].

4. I submit that these words are defamatory because [please state why you consider these words to be defamatory].

5. The defamatory words are untrue because [please state why the words complained of are untrue and what you believe the true position is].

6. [If the person making the statement is acting on behalf of the claimant, please include the following statement: I am authorised to act on behalf of the claimant. The [person/entity] claiming that words are defamatory is [please state the name and address of the person/entity] (“Complainant”). I am [please explain the relationship of the signatory to the Complainant]].

 

I declare that the above claim to be true, and understand that this notice may be used in any subsequent court proceedings relating to the above defamation complaint.

 

Signed:


Dated:

 

 

These terms and conditions are partially based on a form created and distributed by Website Law and Template Contracts