Terms & Conditions
This website (the "Site") is operated by Winchester Consulting Limited (Company number 04210584; VAT registration number 785942474) incorporated in England and Wales whose registered office is at 82 Wandsworth Bridge Road, London, SW6 2TF ("we, "us" or "our").
We also own and operate a number of web-based redeployment support and opportunity talent retention platforms, both sector and company specific, including but not limited to The Talent Retention Solution (TRS), Talentview, NSAR-CONNECT and Nuclear Gateway (collectively known as "CWeb"), which are made available to employers, employment agencies and businesses ("recruiters") and to employees and self-employed or independent contractors ("work seekers") (together "users" or individually as appropriate "you") through our Site and other sites owned and operated by us or third parties.
By using our Site and/or CWeb (whether through a Site owned by us or a site owned by a third party) and the services made available on and through it, you confirm that you accept these terms and conditions and that you agree to comply with them. These terms and conditions refer to the following additional terms, which also apply to your use of our Site:
- Our privacy and data protection policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our Site and/or CWeb, you consent to such processing and you warrant that all data provided by you is accurate.
- CWeb may be provided by third parties with permission or under licence from us and may appear on or be linked to such third parties' websites. In such cases the use of CWeb is subject to these terms and conditions and any terms and conditions of use of such third parties.
If you do not agree to these terms, you must not use our Site or CWeb. We recommend that you print a copy of these terms for future reference.
CWeb provides facilities whereby recruiters may place their details and job vacancies on the relevant CWeb site for viewing by work seekers; and whereby work seekers may place their details on the relevant CWeb site for viewing by recruiters. Unless work seekers voluntarily supply the information (on registration or on a later edit), CWeb does not identify the work seeker by name or disclose their contact details; a recruiter or a work seeker contacts the other by clicking on the other's data and CWeb will automatically generate any email to such other. CWeb provides no further service than providing the facility referred to above and recruiters and work seekers must conduct any subsequent negotiations or arrangements between themselves direct. Work seekers may respond or not, at their discretion, to emails from recruiters.
The information and services available on and through CWeb are provided for the sole purpose of the facility described under the heading CWeb Facility above. Users may use print and download information from CWeb only for such purposes and for no other personal or commercial purpose.
Users may amend update or add to their details on CWeb by clicking on the appropriate Edit button on CWeb.
All copyright, database rights and other intellectual property rights subsisting in CWeb and the material on CWeb belongs to us or our third party suppliers. Use of CWeb site does not give users any proprietary rights in CWeb or such materials
Employment Agencies and Employment Business Regulations 2003
Work seekers and recruiters need to be aware that the CWeb site is a job board which operates as a venue only and leaves it to work seekers and recruiters to make contact direct in the manner directed. This means that we do not:
- obtain sufficient information for potential recruiters to select a suitable work seeker for the position which the recruiter seeks to fill;
- obtain confirmation of the identity of a work seeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
- take any steps to ensure the work seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work seeker to fulfil the position to be filled;
- take any steps to ensure that it would not be detrimental to the interests of the work seeker or the recruiter for the work seeker to fulfil the position to be fulfilled;
- give any indication to recruiters whether work seekers are unsuitable (or suitable) for any position to be filled in any circumstances;
- propose work seekers to recruiters or provide any information about them.
- take up any references in relation to a work seeker; or
- make any arrangements for accommodation of work seekers.
The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that work seekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered work seekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since CWeb is only a job board and venue only leaving it to work seekers and recruiters to make contact direct, it is recommended that, if you are a work seeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a work seeker's suitability for the role.
These could include:
- If you are a work seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
- If you are a recruiter; checking the identity of the work seeker and that the work seeker has the experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a work seeker to take up a position. In addition, where professional qualifications are required or where work seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the work seeker and undertake a Disclosure and Barring Service ("DBS") check of the work seeker. For more details of how to undertake a DBS check, please go to gov.uk/disclosure-barring-service-check/overview.
- Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute.
Job Search details, CVs and job advertisements
Job Search details, CVs and job vacancies listed on the CWeb are provided by candidates and by prospective employers and their agents and are not reviewed by us. We accept no responsibility or liability for the contents of Job Search details, CVs and job vacancies listed and expect candidates and prospective employers to carry out such verification procedures as are customary and prudent in the circumstances.
Services and information
Services and information provided on CWeb by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on CWeb in circumstances which may result in loss or damage.
Security and Password
In order to register with CWeb and to sign in when you visit CWeb, you will need to use a user name and password. You are solely responsible for the security and proper use of your password, which should be kept confidential at all times and not disclosed to any other person. You must notify us immediately if you believe that your password is known to someone else or if it may be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any password.
We try to ensure continuous availability of CWeb and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, alter the design and specification of the site at any time.
Limitation of liability
Whether you are a consumer or a business user:
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
You agree to indemnify us and keep us indemnified against all costs, expenses, claims, losses, liabilities or proceedings arising from use or misuse by you of CWeb.
You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of CWeb.
If you are a business user:
We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
- use of, or inability to use, our site; or
- use of or reliance on any content displayed on our site.
- In particular, we will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
If you are a consumer user:
Please note that we only provide our site for domestic and private use. You agree not to use our 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.
If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
We may terminate your registration and/or deny you access to CWeb or any part of it (including any services or information available on or through the site) at any time in our absolute discretion and without any explanation or notification.
Changes to Terms and Conditions and Invalidity
These terms and conditions may be changed by us at any time. You will be deemed to accept the terms and conditions (as amended) when you next use this site following any amendment.
If any provision of these terms and conditions is held to be invalid by a court of competent jurisdiction, such invalidity shall not affect the validity of the remaining provisions, which shall remain in full force and effect.
These terms and conditions shall be interpreted in accordance with English law and all disputes shall be decided by the English courts.
Winchester Consulting Limited - 82 Wandsworth Bridge Road, London, SW6 2TF
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