Jobseekers
Employers
Disclaimer of warranties and limitation of liabilities
Amendment of Terms and Conditions

Conditions of use of this site for jobseekers

Disclaimer

By using this web site you accept the following conditions:
PickingJobs.com and its agents accepts no responsibility for the completeness or accuracy of any of the information contained on or accessed through this site and makes no representations about its suitability for any particular purpose. Users should make their own judgments about those matters. To the extent permitted by law, PickingJobs excludes all liability for loss or damage arising from the use of, or reliance on, the information contained in or accessed through this web site whether or not caused by any negligence on the part of PickingJobs or its agents. The Law of Scotland shall apply.

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PickingJobs.com Service Agreement for employers.

Terms and Conditions
Registration, Confirmation, Billing and Payment
One Position per Job Posting
Account Deactivation and Termination
Customer Service
Customer Content
Unacceptable Postings
Representations by Employer
No Improper Use of Website
Right to Control Content
Duration and Cancellation of Postings
Errors; Sole Remedy
Copyright
Confidentiality Not Guaranteed
Indemnification
Changes to Content

Terms and Conditions

This website is owned and operated by J C T Scott, trading as PickingJobs.com, Broombank Farm, Nairn, IV12 5JY, Scotland, ("We ", "Us") and includes a job posting service page on which Members and non-members may post employment opportunities ("positions") or Company Profiles.

In maintaining this website PickingJobs.com is not acting as an employment agency, and will neither attempt to match applicants with job openings nor assure that any job seekers will respond to a posting. All postings must comply with these Terms and Conditions. In these Terms and Conditions a party posting or intending to post positions on the website is referred to as "Employer" or "You".

To post your jobs on PickingJobs.com you:
MUST provide a valid email address, mailing address and phone number. MUST provide a detailed job description, using proper English spelling and grammar.
MUST offer a job opportunity that is appropriate for the PickingJobs.com audience.
MUST NOT discriminate based on race, religion, sexual preference, gender or age.
MUST NOT require our audience to pay any application fees, service fees or deposits.

The Terms of Service on this page are the Terms and Conditions under which you may use this site. You should read the Terms of Service carefully. Any use of this Site or related services indicates your acceptance to be bound by these terms.

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Registration, Confirmation, Billing and Payment.

Employers must register with the site pay in advance by credit card or debit card. PickingJobs.com will send an e-mail confirmation to the employer upon creation of an Account.

No refunds will be given for job postings submitted on PickingJobs.com. Please consider this before you post your job.

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One Position per Job Posting.

Each posting shall advertise only one position. Multiple job openings will require multiple postings. Discounts, if any, for multiple postings are as set forth in the fee schedule.

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Account Deactivation and Termination.

PickingJobs.com may deactivate and then terminate an Account if a Customer has breached these Business Terms or the Terms of Service or if the customer has failed to pay. Upon such deactivation, all postings will be removed from PickingJobs.com. Deactivation and/or termination does not relieve a Customer from the obligation to pay all outstanding charges due to PickingJobs.com. PickingJobs.com may charge a cancellation fee not to exceed 50% of the remaining term.

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Customer Service

PickingJobs.com provides assistance by e-mail. Due to the international nature of the site telephone assistance is not available.

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Customer Content.

Customers retain full ownership of their creative work and account data including company information and policies, job postings, and resumes. Customers are solely responsible for the accuracy of this information, and PickingJobs.com will refer any inquiries regarding such information to the Customer.

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Unacceptable Postings.

PickingJobs.com displays information about relevant job opportunities and may choose not to accept postings that are not appropriate for the nature of its audience. No fee will be charged if PickingJobs.com rejects a submitted posting and it does not appear on the website. If a posting appears on the website and is subsequently removed by PickingJobs.com for violation of these Terms and Conditions or otherwise, PickingJobs.com in its discretion will determine whether to refund or credit all or part of the fee to the Employer.

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Representations by Employer.

By submitting a posting to the website, the Job Poster or Employer represents
(a) that the posting accurately describes the position being advertised, the nature of the company for which the position is being advertised, and the level of compensation being offered,
(b) that the Job Poster or Employer actually intends to hire a person to fill the position being advertised,
(c) that it is a position within the Poster's own company or that the Poster is a recognised agent or recruiter for another company and
(d) that the Employer will consider on an equal basis all applicants who respond to the posting, without regard to race, colour, religion, sex, national origin, age, handicap or disability, marital status, veteran's status, citizenship status, sexual preference, or any other protected group status.

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No Improper Use of Website.

Employer shall not upload, post or transmit to or distribute or otherwise publish through the website, any material which
(i) restricts or inhibits any other user from using or enjoying the website,
(ii) in PickingJobs.com's discretion is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent,
(iii) constitutes or encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate law,
(iv) violates, plagiarises or infringes the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right,
(v) contains a computer virus or other harmful component, or
(vi) constitutes or contains false or misleading indications of origin or statements of fact. Except for the use of a legitimate e-mail address or post office box of a person or office designated by the Employer for receipt of replies to postings, Employer shall not falsely identify the party on whose behalf a posting has been made.

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Right to Control Content.

PickingJobs.com has the right, but not the obligation, to monitor the content of postings submitted to the website, in order to determine whether postings are in compliance with these Terms and Conditions and are otherwise appropriate for the website, or for any other lawful purpose. PickingJobs.com may refuse to post any submission, or may remove from the website any posting, that PickingJobs.com in its sole discretion finds to be not in compliance with these Terms and Conditions, or otherwise finds to be objectionable or inappropriate.

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Duration and Cancellation of Postings.

Each posting expires a variable number of weeks after it is posted on the PickingJobs.com site. The number of weeks is selected by the Employer when the job is posted. Once a position has been posted to the website, the Employer is responsible for the full applicable posting fee. Postings will be removed upon expiration, or upon written or e-mail notification from Employer to cancel the posting. Extending a posting beyond its expiration date requires resubmission by Employer and payment of a new posting fee.

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Errors; Sole Remedy.

Any job listing that is accepted for posting on the website will be posted using the information as submitted by the Employer. The Employer bears sole responsibility for the accuracy of submitted information. PickingJobs.com will not be responsible for any error in a posting unless caused by a technical error or equipment failure on the part of PickingJobs.com, in which event PickingJobs.com's sole responsibility and liability shall be to remove the erroneous posting and repost it with the information as originally submitted by Employer.

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Copyright

The PickingJobs.com website is protected by copyright as a collective work and/or compilation, pursuant to UK copyright laws, international conventions, and other copyright laws. All materials contained on the PickingJobs.com website ("Content") are protected by copyright, and are either owned, controlled or licensed by PickingJobs.com. Employers will abide by any and all additional copyright notices, information, or restrictions contained in any Content. Unless otherwise explicitly stated on the website, Employers may print but may not otherwise download the Content without the express written consent of PickingJobs.com, provided that Employer maintains all copyright and other notices contained in such Content.

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Confidentiality Not Guaranteed.

The Employer acknowledges that transmissions to and from the website are not confidential and the Employer's Communications may be read or intercepted by others. The Employer acknowledges that by its submitting Communications to PickingJobs.com, no confidential, fiduciary, contractually implied or other relationship is created between Employer and PickingJobs.com other than pursuant to the Terms and Conditions.

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Indemnification.

Employer hereby agrees to indemnify, defend and hold PickingJobs.com, and any of its officers, directors, owners, agents, employees, information providers, affiliates, licensers and licensees (collectively, the "Indemnified Parties") harmless from and against any and all liability and costs, including, without limitation, regulatory penalties, legal fees and costs incurred by the Indemnified Parties in connection with any claim arising out of the Employer's use of the website or any breach by Employer of the Terms and Conditions, including, but not limited to, all liability and costs to PickingJobs.com for Employer's infringement of any of Employer's warranties, representations or acknowledgements herein. Employer shall cooperate as fully as reasonably required in the defence of any claim. PickingJobs.com reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by Employer and Employer shall not in any event settle any matter related hereto without the written consent of PickingJobs.com.

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Changes to Content.

PickingJobs.com may change, suspend, or discontinue any aspect of the website at any time, including the availability of any website feature, database, or Content.

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DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY

(a) The website, including all content, software, functions, materials and information made available on or accessed through the website, is provided "as is." To the fullest extent permissible by law, PickingJobs.com and its subsidiaries and affiliates make no representation or warranties of any kind whatsoever for the content or the materials, information and functions made accessible by the software used on or accessed through the website, for any products or services or hypertext links to third parties or for any breach of security associated with the transmission of sensitive information to or through the website or any hyper linked site.
(b) PickingJobs.com AND ITS SUBSIDIARIES AND AFFILIATES DISCLAIM ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION, WARRANTIES OF NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. PickingJobs.com DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE WEBSITE OR ANY MATERIALS OR CONTENT CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
(c) PickingJobs.com and its subsidiaries and affiliates shall not be liable for direct or any consequential or other indirect damages related to Employer's use of the website, including without limitation, the content and any errors contained therein.
(d) Instructions on the website direct job seekers using the website to respond directly to Employer. Any responses mistakenly sent to PickingJobs.com are forwarded directly to Employer without any review or modification by PickingJobs.com except to identify the Employer to whom it is directed and to forward it to that Employer. THE POSTINGS ON THE PickingJobs.com WEBSITE ARE AVAILABLE TO BE VIEWED BY ALL USERS OF THE INTERNET. PickingJobs.com DOES NOT INVESTIGATE, INTERVIEW, SCREEN, OR OTHERWISE REVIEW THE IDENTITY, BACKGROUND, QUALIFICATIONS, OR ANY OTHER CHARACTERISTICS OF PERSONS WHO RESPOND TO POSTINGS OF POSITIONS ON THE WEBSITE ("RESPONDENTS"). ALL DEALINGS WITH PERSONS WHO RESPOND TO A POSTING ON THE WEBSITE, INCLUDING BUT NOT LIMITED TO REPLYING, INVESTIGATING, INTERVIEWING, VERIFYING IDENTITY, EVALUATING, AND MAKING EMPLOYMENT DECISIONS WITH REGARD TO SUCH RESPONDENTS IS THE SOLE RESPONSIBILITY OF THE EMPLOYER, AND PickingJobs.com ASSUMES NO RESPONSIBILITY FOR ANY DEALINGS WITH SUCH RESPONDENTS OR FOR ANY CONDUCT, ACTION, OR INACTION OF ANY RESPONDENT. EMPLOYER AGREES TO ASSUME ALL RISKS INVOLVED IN OR ARISING FROM DEALINGS WITH, AND WITH RESPECT TO, SUCH RESPONDENTS, INCLUDING BUT NOT LIMITED TO EMPLOYMENT-RELATED DECISIONS.
(e) Links and pointers from the website to other sites or resources on the World Wide Web, or from third-party sites to the PickingJobs.com website, do not constitute an endorsement by PickingJobs.com or any of its subsidiaries or affiliates of any third-party resources or their contents.
(f) IF APPLICABLE LAW DOES NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, THE LIMITATIONS ABOVE MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE LIABILITY OF PickingJobs.com AND ITS SUBSIDIARIES AND AFFILIATES FOR ALL DAMAGES, LOSS AND CAUSES OF ACTION, INCLUDING BUT NOT LIMITED TO CONTRACT, TORT, ITS OWN NEGLIGENCE, UNDER STRICT LIABILITY, OR ANY OTHER THEORY, EXCEED THE AMOUNT PAID BY YOU FOR THE TRANSACTION FROM WHICH, OR IN RELATION TO WHICH, THE CLAIM AROSE.

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Amendment of Terms and Conditions.

PickingJobs.com reserves the right, at its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Notification of changes in the Agreement will be posted on the PickingJobs.com website.
PickingJobs.com
Broombank Farm
Nairn IV12 5JY
16/08/2004

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