Loading...Terms and Conditions
These are the terms and conditions (the "Terms and Conditions") which regulate your use of the website www.Zookel.com (the "Website") offered by Zookel Ltd, a company registered under the Companies Acts (Company Number ) which has its registered office 33-37 Charterhouse Square, London EC1M 6EA and which trades as Zookel ("Zookel", "we", "us", "our"). When we refer to "you" and "your" we mean the user of the Website whether or not the person uses the services offered through the Website ("User").
We provide a service for employers and recruiters to advertise positions they may have available on the Website and for employers and recruiters to contact registered users about positions both directly and via referrals. Further we provide the ability for registered users to create an online profile, including a psychometric profile and video CV and to apply for positions and refer potential candidates for positions advertised on the Website (the "Services").
Please read these Terms and Conditions carefully before using the Website. By using the Website you agree to be bound by the Terms and Conditions. If you do not agree to be bound by the Terms and Conditions you are not permitted to use the Website.
We reserve the right to change the Terms and Conditions at any time. Any such change will be effective once reflected in the text of the Terms and Conditions and published on this web page. You should check the Terms and Conditions periodically to ensure that you are aware of and complying with the current version as they are binding on you. We recommend that you print or store a copy of the Terms and Conditions for future reference.
The Terms and Conditions contain the following sections:
Part 1 - Your use of the Website and our relationship with you
Part 2 - Candidates
Part 3 - The referral process
Part 1 – Your use of the Website and our relationship with you
This Part sets out the terms relating to information on the Website and how you use the Website and the Services. In addition, this Part sets out the general terms relating to our relationship with you.
- 1. Access
1.1 You must choose a password for your User's account on completion of registration. You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times. You are responsible for preventing unauthorised persons from using your password and all other details. You are responsible for all use of your account using your password and shall only use the Website using your own log-in details and password. You must use every effort to keep your password safe and should not disclose it or permit it to be used by any other person. Please contact us immediately if you suspect that the security of your account is at risk.
1.2 We do our best to ensure that the Website operates properly at all times, but we make no warranties as to the availability or accessibility of the Website and we reserve the right to alter any part of the Website at any time and to suspend or withdraw the Website at any time and for any reason. Save as otherwise set out in the Terms and Conditions we shall not be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Website and any event beyond our reasonable control.
1.3 From time to time, we may restrict access to some parts of the Website, or the entire Website, to Users who have registered with us.
- 2. Links
2.1 Any link (be it a hypertext link or other referral device) to any content of any other website ("3rd party site") accessed through the Website is provided solely for the use and convenience of the User. We do not endorse or approve the content of any 3rd party site. We are not responsible for the content of any 3rd party site nor will we have any liability in connection with any 3rd party site (including, but not limited to, liability arising out of any allegation that the content of any 3rd party site infringes any law or the rights of any person or entity).
- 3. Intellectual Property Rights
3.1 All intellectual property rights and goodwill in or relating to the content of the Zookel website and of all other websites under Zookel’s control whether partial or otherwise such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, “Web Site Content”), are protected under United Kingdom, United States, European and other copyright, trademark and other laws. All Web Site Content is the property of Zookel or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Zookel and protected by copyright laws. Unauthorised use of the Web Site Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited. Nothing contained in the Terms and Conditions or the Website should be construed as granting by implication, personal bar, or otherwise, any licence or right to use such intellectual property rights except as otherwise provided below.
3.2 You shall not copy or adapt the HTML code that Zookel creates to generate any Web Site Content or the pages making up any Zookel Site. This is also protected by Zookel's copyright.
3.3 You may download to a local hard disk a single copy of the material on the Website and / or print or copy extracts from the Website for solely for your personal, non-commercial use only. You may not otherwise publish, copy, distribute, modify, transmit or reproduce in any form (whether in hard copy, electronic or otherwise) the information and materials on the Website without our permission, nor use the information and materials for commercial purposes. No part of the content of the Website may be incorporated into or stored in any other web site or other work in any form. If you would like to link to the Website, please email us at support@Zookel.com
3.4 Notwithstanding the above, caching of this Website is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.
- 4. User Agreement.
4.1 By registering to use the Website you warrant that you are aged 18 years of age or older.
4.2 Zookel Sites may be used only for lawful purposes by individuals seeking employment and career information (including the referring of a role(s) to their contacts, friends and acquaintances) and employers seeking employees (including by way of referring a role(s) to their employees, contacts, friends and acquaintances). Zookel specifically prohibits the use of any Zookel Site (or any part thereof), and all users agree not to use, or allow any party under their control to use, any Zookel Site (or any part thereof):
4.2.1 In order to defame, abuse, harass, threaten, discriminate or otherwise violate or infringe the rights of any person or entity (including, but not limited to, rights of intellectual property or rights of privacy);
4.2.2 In order to display, transmit, distribute, store or destroy material including, without limitation, Web Site Content in violation of any applicable law or regulation, or in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of Zookel or others, or violate the privacy, publicity or other personal rights of others.
4.2.3 To post any false or inaccurate biographical information within your profile or information which is not your own accurate CV (or having someone else post this or information on your behalf).
4.2.4 To manipulate or an attempt to manipulate the Zookel psychometric tool in order to gain an advantage of any kind, including but not limited to falsely implying your suitability for a role
4.2.5 To record a video which is false or inaccurate in terms of biographical information (or having someone record a video which includes such false information on your behalf).
4.2.6 To post material in either a written or video format that is obscene, offensive, vulgar, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity.
4.2.7 To delete, change or revise any material posted by any other person or entity. For the purpose of clarity this expressly excludes employees granted the appropriate user permissions by their employers to edit, update, or delete information in accordance with these permissions.
4.2.8 To impersonate any person or entity nor attempt any unauthorised access to any part or component of the Website; and agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Website, then you will pursue such right, claim or action independently of, and without recourse to us; nor
4.2.9 To post any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment or requires recruitment of other members, sub-distributors or sub-agents.
4.2.10 To post jobs which require the applicant to provide information relation to his/her racial or ethnic origin, political beliefs, philosophical or religious beliefs, membership of a trade union(s), physical or mental health, sexual life, commission of criminal offences or proceedings, or age.
4.2.11 To post jobs using any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading.
4.2.12 To send unsolicited e-mail, physical mail, make unsolicited phone calls, or send unsolicited faxes regarding promotions and/or advertising of products or services to a user of a Zookel Site.
4.2.13 If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
4.3 Further Zookel specifically prohibits any use of any Zookel Site (or any part thereof) or any third party software, hardware or processes, and all users agree not to use, or allow any party under their control to use, any Zookel Site (or any part thereof) or any third party software, hardware or processes:
4.3.1 In a way that may cause the Website to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website is in any way impaired.
4.3.2 To take any action which imposes an unreasonable or disproportionately large load on any Zookel Site's infrastructure.
4.3.3 To (or to attempt to) decipher, decompile, disassemble or reverse engineer any of the software comprising in or in any way making up a part of the Website.
4.3.4 To aggregate, copy or duplicate in any manner any of the Web Site Content or information available from any Zookel Site.
4.3.5 To violate or attempt to violate the security of any Zookel Site including, without limitation, accessing data not intended for such user or logging into a server or account which the user is not authorised to access, attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to any Zookel Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", or forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Zookel will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.
4.3.6 Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search any Zookel Site other than the search engine and search agents available from Zookel on such the Zookel Site and other than generally available third party web browsers (e.g., Microsoft Explorer, Mozilla Firefox, Google Chrome).
- 5. Termination
5.1 Without limiting our other remedies, we reserve the right to suspend or cancel your right to use the Website and/or the Services at any time and for any reason, including without limitation, where you are in breach of the Terms and Conditions or where we have reasonable grounds to believe that you have breached the Terms and Conditions.
- 6. Warranties and liabilities
6.1 Zookel acts as a conduit for employers to post job opportunities, search for candidates and to refer jobs to contacts and for candidates to post profiles (including psychometric profiles), video and traditional CV's and to inform their contacts and friend of their availability for work. Zookle is not involved in the actual transaction between employers and candidates. As a result, Zookel has no control over the quality, accuracy, truthfulness, safety or legality of the jobs or individual profiles posted, Further Zookel has not control over the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings.
6.2 We do not vet and are not responsible for the content of the advertisements of positions which are posted on the Website. The details and description of the advertisements are supplied by those advertising the position (the "Advertiser"). We are not able to verify the accuracy of the content (including but not limited to any statements and descriptions relating to the position) of advertisements or other information provided to us by Advertisers. Any information in the advertisements or any information included on the Website is followed by you at your own risk and we do not warrant the accuracy of the content in any respect. We cannot be held liable for any use or reliance you make of or put on it.
6.3 We cannot and do not confirm that each user is who they claim to be. Users supply their profiles, details and descriptions (the "User"). We are not able to verify the accuracy of the content of user profiles or other information provided to us by users.
6.4 Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on any Zookel Site, in the event that you have a dispute with one or more users, you release Zookel (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
6.5 Whilst we have prepared the content of the Website in good faith and with all reasonable care and skill, we make no representation and give no warranty (express or implied) about any of the content of this Website (including, but not limited to, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content). Whilst we shall try to keep the material on the Website up to date, we shall not be liable to you or to any other party for any delays, errors or omissions in doing so.
6.6 Users expressly acknowledge and agree that they are solely responsible for the form, content and accuracy of their profile including all materials contained therein placed by you on the Zookel Sites.
6.7 Employers expressly acknowledge and agree that they are solely responsible for their postings on the Zookel Sites.
6.8 We shall not be liable to you for any loss of profits, loss of contracts, loss of revenue, loss of business or goodwill, or any indirect, special or consequential loss or damage incurred by you (whether arising from breach of contract, negligence or otherwise) and whether or not we have been advised of the possibility of the loss.
6.9 To the extent that we are found to be liable to you in respect of the Website or the Services (whether arising from breach of contract, negligence, breach of any common law or statutory duty to take reasonable care or exercise reasonable skill, or otherwise) our entire liability to you shall be limited in aggregate to the sum of £100.
6.10 Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury or for any other liability the exclusion of which is expressly prohibited by statute.
6.11 In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other Zookel Sites
- 7. Your liability
7.1 You hereby indemnify us and agree to keep us indemnified against any and all claims, damages, losses, liabilities and costs arising from and in connection with your use and abuse of the Website and/or Services or your breach of the Terms and Conditions.
- 8. General
8.1 In order to use and benefit from the Services, you must register for the Website, and as such you will be asked to provide Zookel provide us with correct and up to date details (your "Information"). You warrant to us that the details you provide on registration are correct. All personal data collected from you on or through the Website will be processed in accordance with our Privacy Policy.
8.2 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from the Terms and Conditions and that provision shall not affect the validity and enforceability of any remaining provisions.
8.3 All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered email address.
8.4 No failure or delay by us in exercising our rights under the Terms and Conditions will be deemed to be a waiver of that right, and no waiver by us of any breach will be considered as a waiver of any subsequent breach.
8.5 All rights not expressly granted in the Terms and Conditions are reserved to Zookel.
8.6 These Terms and Conditions together with the Privacy Policy (and any other conditions specifically agreed between us to apply) set out the entire agreement between you and us in respect of the use the Website and the Services. They supersede any previous agreement or understanding in relation to the subject matter hereof. They may only be varied where separately agreed in writing between you and us.
8.7 In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that Zookel may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Zookel will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Zookel reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Zookel or by third parties.
8.8 Access to the content of the Website may not be legal to certain persons or in certain countries. If you access the Website you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
8.9 The interpretation, construction, effect and enforceability of these Terms and Conditions shall be governed by English Law, and you and we agree to submit to the non-exclusive jurisdiction of the English courts for the determination of disputes.
8.10 In the event that we are notified by a user of communication(s) which allegedly do not conform to these Terms and Conditions, Zookel may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Zookel has no liability or responsibility to users for performance or nonperformance of such activities.
8.11 Zookel reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. Zookel may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Zookel.
Part 2 – Candidates for positions
This Part sets out the terms which apply to Candidates referred for jobs through the Website.
- 9. Candidates (“Users”)
9.1 When you join Zookel your details will be stored in a unique "Profile", which you will be able to access (using your User ID and password) at any time. You are responsible for keeping the personal information in your Profile correct and up to date. If your details change, you undertake to update your Profile as soon as reasonably possible.
9.2 As a user, you are responsible for your own communications and are responsible for the consequences of your posting(s).
9.3 You acknowledge that we do not act as an agent for Advertisers nor do we act as your agent. We shall also not act as an intermediary between you and the Advertiser, and you acknowledge and agree that we shall not enter into correspondence or discussions or negotiations with any Advertiser on your behalf.
9.4 We cannot advise you on issues of employment law and you should consult a suitably qualified lawyer if you have any specific legal questions or problems. Any information contained on the Website is general information only and nothing on the Website can be construed as advice on legal or employment issues.
9.5 We make no warranties or representations in respect of any positions offered by Advertisers, including, but not limited to, the quality of any position.
9.6 Advertisers of positions on the Website will include various businesses from a range of market sectors and could include individual companies and recruitment agencies. Whilst we shall use our best efforts in good faith to check that Advertisers who advertise position on the Website are legitimate businesses, you acknowledge that by providing your details to an Advertiser we are simply introducing you to the Advertiser and are not endorsing or recommending the Advertiser nor making any warranties or representations about the Advertiser's business activities or any position which is claimed to be offered. We suggest that you use common sense and exercise normal caution when making arrangements to visit or meet with Advertisers.
9.7 We shall not become involved in any dispute which may arise between a Candidate and an Advertiser in respect of a position including but not limited to, any dispute about the quality of work, availability of hours or pay. If, however, you have legitimate concerns or complaints about a particular Advertiser or its activities in connection with the Services and the Website, these can be directed to us using the contact details set out on our Contact Us page.
9.8 There is no fee payable to us for candidate’s registration on the Website or for your use of the Services. You will, however, be responsible for any costs and expenses incurred by you for use of the Services including, without limitation, any telephony costs or charges for other communication services. This point explicitly does not prevent Zookel from offering a range of premium charged for services at some future point. If Zookel introduces these premium services customers will be informed of and asked to accept the price and terms & conditions prior to their accessing these premium services.
9.9 If someone refers a position to you we shall contact you by email and provide you with details of the position in question together with a link to our Website. If more than one person refers you for the same position, you will receive a unique link in respect of each referral, and can choose which unique link to follow. If you wish to apply for the position, you must join as a Zookel user, complete the psychometric profile, and where requested attach your CV to your profile. This information will then be passed on to the Advertiser. The Advertiser will contact you directly if they wish to consider you for the position. Please note that we shall not otherwise become involved in the recruitment process or contact the Advertiser on your behalf. Only once we obtain your consent will we disclose your details to the applicable Advertiser.
9.10 If you wish, you can prevent a referrer from referring any further positions to you by clicking on the appropriate link on the email. Click this link if you feel the referral was unsolicited, if you do not know the referrer, or if the referrer continues to refer irrelevant jobs.
9.11 In some cases where an employer is using their employee network to refer opportunities the employees who refer an opportunity may be eligible for a payment under their employee referral program. If you wish to apply to the position but do not wish the referrer/s to receive such a payment should you be successful with your application, you must go directly to the site and apply, not through the link.
9.12 In the event that you are referred for a position by someone you do not know or someone who did not obtain your consent to your referral, then please direct your concerns or complaints to us using the contact details set out on our Contact Us page. If you request, you can opt-out of receiving any further referrals for positions.
If you have any queries, comments or complaints about the Terms and Conditions, our Website or the Services please email us
back to the top>>
Part 3 – The referral process
This Part sets out the terms which apply to the referral of another person for a position advertised on the Website.
- 10. Referring a person for a position
10.1 If you think someone you know (the "Candidate") may be interested in applying for a position advertised on the Website, then you can refer that person to us.
10.2 Before you can refer a prospective candidate for a position for the first time you must register on the Website by completing the online registration form. Once you have submitted your details, an e-mail will be sent to you confirming your User ID and successful registration.
10.4 On each occasion you refer a Candidate to us you will be asked to provide the Candidate's name and email address to us. By referring a Candidate to us you confirm that you have obtained the consent of the Candidate to do so.
10.5 On receipt of your referral, we shall send an email to the Candidate confirming that you have referred them for a position advertised on the Website.
10.6 If more than one person refers the Candidate for the same position, the Candidate will receive a unique link in respect of each referral, and can choose which referrer should receive the Reward by clicking on their unique link.
- 11. Employer Referral Programs
11.1 Some positions advertised on the Website are allocated payments under an employer referral program (the "Reward"). Details of these referral program payments are only able to be seen by employees in the advertisers employee referral program and will not be made publicly available. For each successful referral an employee makes, they may receive payment as outlined in their employee referral program. This does not affect prospective candidates who have been referred to a position. A successful referral is defined as where a Candidate you refer for a position is (a) hired by the Advertiser for that position; and (b) remains employed by the Advertiser in that position for at least three months.
11.2 Any communications regarding referrals, a Reward and payments due should take place between the employee and their respective employer and not with Zookel.
11.3 Any payments will be paid under the prevailing terms and conditions of the specific employee referral program under which they become due. For the avoidance of doubt no payments, rewards or any other incentives will be paid by Zookel in relation to referrals.
11.4 Depending on the terms and conditions of the prevailing employee referral program a referrer may be responsible for paying tax which becomes due as a result of the payment of a Reward. This is explicitly a matter for the employee and their respective employer to determine and Zookel will not become involved in this matter. The employer and employee indemnify us against any liability for tax due by either party which results from such payment.
11.5 Zookel will be involved in this referral program only to the extent of tracking and providing information to an advertiser on who has referred a candidate.