Terms & Conditions

Introduction

1. The CATERER BOOK website is owned and operated Caterer Book Limited, a company registered in England and Wales with registered number 10988818 and with its registered office at 40 St Marys Crescent, Isleworth, Middlesex, TW7 4NA (CATERER BOOK, we, us). By using the Site you agree to be bound by these terms of use  together with the privacy and cookie policy accessible in the Site (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site. If you have any questions, you can contact us by email at info@catererbook.co.uk.
2. We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.
3. The Site operates as a job board platform for the restaurant, hotel, catering and hospitality industry. We enable (a) employers to post job opportunities and search individuals’ CVs; and (b) individuals to search and apply for job opportunities. Employers acknowledge and agree that their job opportunities may also be shared with Job Gate for use on their website.

Definitions

1. In these Terms, the following words have the following meanings:
   Candidate: an individual who registers on the Site in order to search job opportunities;
   Employer: a business or other entity who registers on the Site in order to post job opportunities and search individuals’ CVs;
   Fees: the fees due from the Employer;
   Job Ad: the employment opportunity posted on the Site by an Employer;
   Site: the CATERER BOOK website.
   Site Content: all materials on the Site, including all information, data, text, images, recordings and software excluding any content posted by an Employer and/or a Candidate.
   Terms: these terms and conditions.
   You: any user of the Site, including an Employer and/or a Candidate.
2. In these Terms:
   1. headings are for convenience only and do not affect interpretation;
   2. words in the singular include the plural; and
   3. including means including but not limited to.
3. Any reference to a statutory provisions shall be a reference to such provision as may be updated or amended from time to time.

Registering on the Site

1. When you register with the Site you will create a password. You are responsible for keeping your password confidential and you are responsible for any activity under your CATERER BOOK account. Please take precautions to protect your password and contact us immediately by email at at info@catererbook.co.uk if you believe there has been any unauthorised use of your CATERER BOOK account.
2. If at any time your access to and/or use of the Site is excessive and as a result impacts on other users’ ability to use the Site we shall notify you accordingly and you shall promptly take appropriate steps to remedy such use.
3. You shall not, and shall not permit or assist any third party to:
   1. attempt to view, access or copy any content or data other than that to which you are authorised to access;
   2. translate, adapt, disassemble, reverse engineer, decompile or copy the whole or any part of the System, nor arrange or create derivative works based on the Site except to the extent permitted by law not capable of exclusion by agreement;
   3. distribute, sell, sub-license, lease, resell or purport to assign access to the Site;
   4. attempt to undermine the security of the Site;
   5. access the Site to build a competitive product or service or to build a product using similar ideas, features, functions or graphics;
   6. make available online all or part of the Site through the Internet, or any intranet;
   7. remove or alter any copyright or other proprietary notice on any part of the System; and/or
   8. add another user to your database without their express permission to do so; and/or
   9. take any action in an attempt to cause malfunction, crash, tamper with or otherwise impair the Site.

Candidates

1. If you wish to register as a Candidate on the Site, you must be:
   1. at least 16 years old;
   2. legally capable of entering into a contract; and
   3. legally entitled to work in the territory where you are seeking employment.

   At our request, you shall provide evidence of your compliance with this Condition 4.1.

2. No fees are due from Candidates in relation to the registration and use of the Site.
3. Candidates are encouraged to create a profile and upload a CV to the Site. You warrant and represent all content included in a profile and a CV must not:
   1. breach the provisions of any law, statute or regulation including any data protection laws and/or regulations;
   2. infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;
   3. be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence;
   4. be deliberately or knowingly false, inaccurate or misleading; and/or
   5. give rise to any cause of action against CATERER BOOK.
4. We do not monitor or review any content uploaded to the Site by a Candidate. However, we may remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 4.3.
5. If you are no longer seeking a new job, please make your account invisible on your CATERER BOOK dashboard.

Employers and Job Ads

1. If you wish to register as an Employer on the Site:
   1. you must have the authority to bind the Employer to these Conditions;
   2. your headquarters must be based in the UK or Ireland.

   At our request, you shall provide evidence of your compliance with this Condition 5.1.

2. The Fees due from Employers to register on the Site are set out here [link to Fee Page]. If an Employer fails to pay any sums properly due within 30 days of the due date, then without prejudice to any other rights or remedies available to us, we shall be entitled to:
   1. terminate or suspend your registration on the Site; and/or
   2. claim costs and interest on any overdue sums, accruing from the due date up to the date of actual payment in accordance with the Late Payment of Commercial Debts (Interests) Act 1998.
3. The payment processing services on the Site are provided by PayPal and are subject to their terms of use. As a condition of CATERER BOOK enabling payment processing services, you agree to provide CATERER BOOK accurate and complete information, and you authorise CATERER BOOK to share it and transaction information related to your use of the payment processing services provided by the third party payment provider.
4. Employers should include all appropriate information in a Job Ad to enable a Candidate properly to consider the job in question including locations and a clear and accurate role description. In addition, Employers warrant and represent that all content that they post on the Site, including within their profile with a Job Ad, must not:
   1. breach the provisions of any law, statute or regulation including the Equality Act 2010 and the General Data Protection Regulation 2016/679;
   2. infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party;
   3. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
   4. be illegal, dishonest, false, inaccurate or misleading; and/or
   5. give rise to any cause of action against CATERER BOOK.
5. We do not monitor or review any content uploaded to the Site by an Employer. However, we may (a) require you to amend any such content; and/or (b) remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 5.4. In such circumstances, no refund of the Fee shall be due to the Employer.
6. Following posting of a Job Ad, we shall host the Job Ad in accordance with these Terms on the Site for 7 (seven) weeks. As such, the Job Ad will be visible to all users of the Site. The term may be extended by further 7 (seven) week periods if the Employer re-submits the Job Ad to the Site [and pays the appropriate Fee]. If the vacancy to which the Job Ad relates is filled whilst the Job Ad is featured on the Site, you agree to promptly remove the Job Ad from the Site. We shall also be entitled to share the Job Ad with Job Gate who may reproduce the Job Ad on their website.
7. Employers shall treat all personal data and other information relating to a Candidate as confidential and keep all such information secure, and not share such data with any third party, or use such data for any purpose except to consider the Candidate’s suitability for a current job vacancy within the Employer’s business. Employers shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorized access, loss and disclosure and shall otherwise comply with all applicable laws and regulations relating to data protection.
8. Candidates agree that CATERER BOOK shall be entitled to reproduce and use the Employers name and associated logos within publicity for the Site and other materials relating to the CATERER BOOK business.
9. Employers must not download, scrape or harvest the whole of the CV database within the Site, nor re-sell any CV viewed on the Site.

Suitability of Employers and Candidates

1. Employers and Candidates acknowledge and agree that the Site is provided for information purposes only.  CATERER BOOK does not seek to introduce or supply Candidates to Employers or vice versa, in respect of any specific vacancy or otherwise. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm the identity and/or suitability of a Candidate for a particular job and/or the suitability of a particular job for a Candidate.
2. It is therefore the responsibility of an Employer to ensure the Candidate is suitable for a particular job, and also the responsibility for the Candidate to ensure that the job and the Employer is suitable for their purposes. All normal, prudent checks should be carried out by Employers and Candidates, including identity checks, qualifications, experience, a detailed understanding of the position that is offered (hours, location, pay), health and safety issues and legal requirements.

Site Communications and Availability

1. All communications between the Employers and Candidates must be fair, honest, professional and appropriate in the context of the employer/potential employee relationship. In particular, you warrant and represent that your communications shall not include content that:
   1. is defamatory, obscene or offensive;
   2. is in breach of applicable laws;
   3. harasses another user;
   4. involves the transmission of junk mail or spam;
   5. engages in commercial activities not relating to the Job Ad in question;
   6. is inciting hatred of any sort; and/or
   7. contains any virus or malicious code.
2. We will use reasonable endeavours to maintain and make available to you the Site available at all times. However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
3. For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

Disclaimer – Your attention is particularly drawn to these provisions

1. You agree that CATERER BOOK has no responsibility and/or liability for any errors or omissions in any content posted by an Employer and/or a Candidate, including a Job Ad. We accept no obligation to verify or review such content. Furthermore, we do not warrant that any Candidate shall find a suitable job, or that an Employer shall find a suitable candidate for their vacancy. CATERER BOOK is simply a tool to enable Candidates to be visible to Employers.
2. Subject to Condition 8.5, CATERER BOOK shall in no circumstances be liable to any user of the Site in contract, tort (including negligence) or otherwise for any:
   1. loss of profit, anticipated profits or business;
   2. loss of data;
   3. loss of opportunity;
   4. loss of revenue;
   5. loss of goodwill or reputation; and/or
   6. consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
3. Subject to Condition 8.5, CATERER BOOK’s maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total Fees paid by you to CATERER BOOK in the six (6) months preceding the date on which the liability arose.
4. If you are a Candidate and there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £50 per device. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the Site.
5. Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

Indemnity

The Employer shall indemnify and keep indemnify and held harmless CATERER BOOK from and against any costs, claims, losses, damages, expenses and liabilities that CATERER BOOK may suffer or incur arising as a result of:

1. any claim or allegation in relation to the content of a Job Ad; and
2. any claim or allegation from a Candidate or any third party relating to the acts or omission of the Employer.

Intellectual Property Rights

1. The copyright in all Site Content is owned by or licensed to CATERER BOOK. All rights are reserved. You can view, print or download extracts of the Site Content for your own use in order to seek employment or seek employees and for no other purposes. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.
2. You acknowledge that CATERER BOOK is a trade mark, and you may not use or reproduce the mark without our prior written consent.

Termination or Suspension

1. We reserve the right to suspend or terminate the account of an Employer or a Candidate at any time and without liability if:
   1. any information that you provide to us is not true or we cannot verify or authenticate any such information;
   2. you are in breach of these Terms;
   3. you are convicted of a criminal offence or act in any way that may bring CATERER BOOK into disrepute;
   4. after a six (6) months continuous period of inactivity; and/or
   5. if we receive frequent complaints or disputes are frequently raised in relation to your activities on the Site.
2. Following termination by us of your CATERER BOOK you must cease to use the Site and you must not re-register on the Site under any other name.
3. You may contact us at any time to terminate your CATERER BOOK account, and provided there are no outstanding sums due or payable, we shall delete the account within 10 days of receipt of such a notice. In accordance with our Privacy & Cookie Policy, we shall retain your personal data for 6 months after you terminate your CATERER BOOK account in order to ensure that we are able to deal with any queries or complaints you make.

General

1. These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement relating to your use of the Site.
2. If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
3. Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
4. We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
5. We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.
6. These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.