Site terms and conditions
These Terms and Conditions govern your use of MacGregor Black Ltd (company number 10585935) (“BM,” “we”, or “us”) website at https://www.macgregorblack.com/ (the “Site”) and your relationship with us. Please read them carefully as they affect your rights and liabilities at law. If you do not agree to these Terms and Conditions, please do not use the Site. If you have any questions on the Terms and Conditions, please contact email@example.com
If you wish to obtain recruitment services from MB, our standard recruitment terms and conditions will apply.
1. Use of the Site
1.1 In these Terms and Conditions, when we refer to “you” or “your” we mean:
1.1.1 you, the person accessing or using the Site; and
1.1.2 where applicable, the business on whose behalf you are acting.
1.2 If you are acting on behalf of your employer or another business when you access and use the Site, you represent and warrant that:
1.2.1 you have full legal authority to bind your employer or that business; and
1.2.2 you agree to these Terms and Conditions on behalf of the business that you represent.
1.3 We operate the Site to assist you in understanding our services and in communicating with us.
1.4 The Site is provided for your personal use subject to these Terms and Conditions. By accessing or using the Site, you agree to be bound by these Terms and Conditions.
1.5 If you are unable to access all/part of our Site or upload your CV, then please email firstname.lastname@example.org and we will provide further support.
2.1 We may update these Terms and Conditions from time to time for legal or regulatory reasons or to allow the proper operation of the Site.
Please check these Terms and Conditions regularly to ensure that you understand the Terms and Conditions that apply at the time that you access and use the Site. We will make reasonable efforts to notify you of any changes and if you are a Registered User (as defined in clause 2.1), we will give you at least thirty (30) days advance notice of any such changes, unless the change is due to a change in law or for security reasons (in which case we may need to change these Terms and Conditions on shorter notice. The changes will apply to the use of the Site after we have given notice. If you do not wish to accept the new Terms and Conditions you should not continue to use the Site. If you continue to use the Site after the date on which the change comes into effect, your use of the Site indicates your agreement to be bound by the new Terms and Conditions.
3. Your use of the Site
3.1 You may not use the Site for any of the following purposes:
3.1.1 disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or otherwise objectionable material or otherwise breaching any laws;
3.1.2 transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or otherwise breaches any applicable laws, regulations or code of practice;
3.1.3 interfering with any other person’s use or enjoyment of the Site;
3.1.4 copying, or otherwise reproducing or re-selling any part of the Site unless expressly permitted to do so in these Terms and Conditions;
3.1.5 doing any act or thing that might damage, disrupt or otherwise interfere with the operation of the Site or any equipment, network or software used in operating the Site;
3.1.6 using the Site by automated means or otherwise for the purposes of scraping, extracting or otherwise obtaining any material from the Site for use within a third party website or application;
3.1.7 collecting or harvesting any information or data from the Site or our systems or attempting to decipher any transmission to or from the servers running the Site;
3.1.8 except as permitted by applicable law, disassembling, decompiling, reverse-engineering or creating derivative works based on the whole or any part of the Site or its contents, or attempting to do any such thing;
3.1.9 sending spam mail or other marketing information using the Site; or
3.1.10 infringing our intellectual property rights or those of any third party in relation to your use of the Site, including making, transmitting or storing electronic copies of materials protected by copyright without the permission of the owner.
3.2 You will be responsible for our losses and costs resulting from your breach of this clause.
3.3 By submitting information through the Site, you agree and acknowledge that while we may contact you in response to the information you provide, we are not obliged to provide you with any particular product or services.
4. Disclaimer and Limitation of Liability
6.1 Although we use reasonable care in compiling and presenting the content found on the Site, it is provided purely for information and you should seek further guidance and make independent enquiries before relying upon it. If we are informed of any inaccuracies in the material on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can.
4.2 Nothing in these Terms and Conditions excludes or limits our liability for:
4.2.1 death or personal injury caused by our negligence;
4.2.2 fraud or fraudulent misrepresentation; and
4.2.3 any matter in respect of which it would be unlawful for us to exclude or restrict our liability.
4.3 We assume no responsibility for the content of websites linked to from the Site (including links to our commercial sponsors and partners).
Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If you are a consumer
4.4 If you are acting for purposes that are wholly or mainly outside you trade, business, craft or profession (a “consumer”) then, save as set out in clause 4.2, the following sub-clauses apply.
4.4.1 Nothing in these Terms and Conditions affects your statutory rights. Advice about your statutory rights is available from your local Citizens’ Advice Bureau or Trading Standards Office.
4.4.2 If we are in breach of these Terms and Conditions, we will be responsible for losses you suffer that are a foreseeable result of our breach of these Terms and Conditions or our negligence, but we are not responsible for losses you suffer that it not foreseeable or for losses arising from events outside of our reasonable control. Loss is foreseeable if it was an obvious consequence of our breach or if it was contemplated by you and us at the time that you accessed the Site.
4.4.3 You agree not to use the Site or any content on the Site, for any commercial or business purposes and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
4.4.4 Our total liability to you for any loss or damage arising out of or in connection with these Terms and Conditions, whether in contract (including under any indemnity), tort (including negligence) or otherwise will be limited to £100.
If you are a business
4.5 If you are acting for purposes relating to your trade, business, craft or profession, then subject to clause 4.2:
4.5.1 in no event will we be liable to you for any loss of profits, loss of revenue, loss of contracts, failure to realise anticipated savings or for any indirect or consequential loss, whether arising from negligence, breach of contract or otherwise; and
4.5.2 our total liability to you for any loss or damage arising out of or in connection with these Terms and Conditions, whether in contract (including under any indemnity), tort (including negligence) or otherwise will be limited to £100.
4.5.3 You will indemnify and hold us harmless against any losses, costs, liabilities and expenses suffered or incurred by us and/or our affiliates as a result of any breach of these Terms and Conditions.
5.1 We make no representation or warranty in respect of any of the following:
5.1.1 the existence or availability of any appointment advertised on the Site;
5.1.2 that any employer or client will ask for your CV, ask to interview you or recruit you;
5.1.3 that any employer or client will keep confidential any of your information or data provided to that employer or client; or
5.1.4 the final terms and duration of any appointment obtained through the Site.
6. Availability of the Site
6.1 We cannot guarantee that the service will be fault-free. If a fault occurs in the service you should report it to email@example.com and we will attempt to correct the fault as soon as we reasonably can. If we are informed of any inaccuracies
in the material on the Site, we will attempt to correct the inaccuracies as soon as we reasonably can.
6.2 Your access to the Site may be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will attempt to restore the service as soon as we reasonably can.
7. Intellectual Property
7.1 All information incorporated within the Site is owned or licensed by MB. You may retrieve and display the content of the Site on a computer screen, store such content in electronic form on disk (but not any server or other storage device connected to a network) or print one copy of such content for your own personal, non-commercial use, provided you keep intact all and any copyright and proprietary notices. You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or content on the Site without written permission from MB.
8. Applicable Law and Jurisdiction
8.1 These Terms and Conditions will be subject to the laws of England and Wales.
8.2 We will try to solve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement, and you want to take court proceedings, you must do so within the United Kingdom. If you are a consumer who is resident in the European Union, you may bring any dispute which may arise under these Terms and Conditions to – at your discretion – either a competent court within the UK, or to the competent court of your country of habitual residence if this country of habitual residence is within the European Union, which courts are – with the exclusion of any other court – competent to settle any of such a dispute. We will bring any dispute which may arise under these Terms and Conditions to the competent court of your country of habitual residence if this is within the UK or the European Union, or otherwise the competent court of England.
8.3 If you are a consumer who is resident in the UK or the European Union and we direct the Site to (and/or pursue our commercial or professional activities in relation to the Site) in the UK or the EU Member State in which you are resident, you will benefit from any mandatory provisions of the law of the country in which you are resident. Nothing in these Terms and Conditions, including clause 10.1, affects your rights as a consumer to rely on such mandatory provisions of local law.
9.1 You may not transfer any of your rights under these Terms and Conditions to any other person. We may transfer our rights under these Terms and Conditions to another business where we reasonably believe your rights will not be affected. If you are a consumer who is a Registered User then in the event that we transfer our rights pursuant to this clause 11.1 and your rights materially change under these Terms and Conditions, we will notify you and you will have the right to cancel your agreement to these Terms and Conditions by cancelling your registration.
9.2 If you breach these Terms and Conditions and MB chooses to ignore this, MB will still be entitled to use its rights and remedies at a later date or in any other situation where you breach the Terms and Conditions.
9.3 Each of the clauses of these Terms and Conditions operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining clauses will remain in full force and effect.
9.4 MB will not be responsible for any breach of these Terms and Conditions caused by circumstances beyond its reasonable control.
9.5 The Site is owned and operated by MacGregor Black Ltd.
9.6 If you have any queries, please contact firstname.lastname@example.org.
Last update: 19 May 2022