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Terms & conditions ( printable view )	TERMS AND CONDITIONS OF USE I. APPLICABILITY These "Terms and Conditions" govern your use of the WealthCareers.com web site. Please read them carefully before using our Web Site. By using this Web Site, you are indicating your acceptance to be bound by these Terms and Conditions. WealthCareers (the "Provider") may revise these Terms and Conditions at any time by updating this posting. Unless stated otherwise, all amended terms will automatically be effective ten (10) days after they are initially posted on this Web Site. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason. Positions postings and matching services offered by WealthCareers to recruiters are subject to additional terms and conditions. II. USE OF CONTENT We, our Network Partners or licensors, own exclusively all content on this Web Site, including, but not limited to, graphics, logos, text, data, downloadable software, page layout and look and feel of the web pages (the "Content"). The Content is protected under international copyright laws. Except for the licence granted herein, your use of the Web Site gives you no rights in our or our Network Partners' and licensors' copyrights, trademarks, trade secrets or any other intellectual property rights. For those seeking employment positions, we grant to you a personal, non-transferable and non-exclusive right to access, view and download the Content solely for your own personal use in connection with your search for an employment position in accordance with these Terms and Conditions. Except as otherwise agreed in writing, no portion of the Content may be published, held in electronic format, modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity. For those posting positions, we grant to you a personal, non-transferable and non-exclusive right to access, view and download the Content for your use solely in connection with seeking qualified candidates for jobs with your organization or, if you are a recruiter, with your clients' organization. Every use must be in accordance with these Terms and Conditions. Except as otherwise agreed in writing, no portion of the Content may be published, held in electronic format, modified, copied, sold, leased, distributed, transmitted or used for any commercial purpose or on behalf of any other person or entity. You must retain all copyright, trademark and other proprietary notices contained in the original Content on any copy you make of such Content. Without our prior express consent in writing, you may not incorporate the Content into another database, search engine or networked computer environment of any kind. You may not access the Content by means of any automated processes, direct deep links, spiders, bots or similar devices. You may not modify, copy, transmit, create derivative works from, reverse engineer, disassemble, or otherwise attempt to discover any source code from, any software accessible or available through the Web Site, or sell, assign, sub-license or otherwise transfer any right in such software. By posting a job listing, submitting your resumé or by otherwise submitting content to the Web Site, you grant to us a royalty-free, perpetual, irrevocable, non-exclusive licence and full right to use, reproduce, modify, conform, adapt, publish or transmit, or create any derivative works from, such job listings, resumés or other content you post on, or input into, the Web Site ("Your Content"). You warrant to us that the holder of any rights in Your Content has waived all such rights and has irrevocably granted to you the right to grant the licences described above. III. USE OF THE WEB SITE You may only use the Web Site to locate employment opportunities, obtain career and market-based information and seek candidates, as described above. You must not (a) use the Web Site for any fraudulent, illegal, harassing or offensive activity including, but not limited to, the posting of sexually explicit material or content inappropriate for viewing by minors, or which is likely to offend or criticise any employer, employee, group or portion of society, (b) post any content on the Web Site where such posting constitutes an infringement or violation of any right of any third party, (c) engage in any activity which would impair the proper functioning of the Web Site and its Content. Specifically, you agree not to post any false or misleading postings, interfere with, or modify the postings or functioning of the Web Site, or engage in any activity to defeat the security or any feature of the Web Site, (d) post or transmit any unsolicited advertising, promotional materials, junk mail, "spam," chain letters or any other form of solicitation or any non-resume information such as opinions or notices, commercial or otherwise, (e) post any franchise or other business opportunity which requires an initial or periodic payment, pays an insignificant salary or commissions only, or requires recruitment of other members or sub-agents, (f) use or attempt 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 this Web Site other than the search engine and search agents available from the Provider on this Web Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). IV. USER SUBMISSIONS The Provider acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified of communications which allegedly do not conform to the principles of acceptable use as described above, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or nonperformance of such activities. The Provider reserves the right to expel users and prevent their further access to the Web Site for abusing the services, violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Provider 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 the Company or may cause the Provider to lose the services of its ISPs or other suppliers. V. USER DATA We maintain the confidentiality of information submitted to us by individuals seeking employment and employers and recruiters seeking candidates, as provided for in our Privacy Statement. VI. SECURITY The Provider will take commercially reasonable measures to maintain the security of the Web Site and to prevent unauthorized access to password-protected areas of the Web Site. Use of any password-protected area of the Web Site is restricted to the registered user who has been given permission and a password to enter such area. This password shall not be distributed to others, and the registered user is responsible for any and all damages to the Provider resulting from the distribution of his or her password. You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Provider of any unauthorized use of your registration or password. VII. THE PROVIDER'S LIABILITY The Web Site is a venue for (i) employers and recruiters to post employment opportunities. The Provider is not involved in the actual transaction between employers, recruiters and candidates. As a result, the Provider has no control over the quality, safety or legality of the positions or profiles posted, the truth or accuracy of the listings, the ability of employers to offer employment opportunities to candidates or the ability of candidates to fill openings. The Provider does not warrant or guarantee that a resume or position posting will be viewed by any specific number of users, or that it will be viewed by any user. Because user authentication on the Internet is difficult, the Provider cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of users, in the event that you have a dispute with one or more users, you release the Provider (and our network partners, licensors, 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. We are under no legal obligation to, and generally do not, control the information provided by other users that is made available through the Web Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using this Web Site. The material on the Web Site may contain inaccuracies or typographical errors. The Provider makes no representations about the accuracy, reliability, completeness, or timeliness of the Web Site or its Content. The use of the Web Site and its Content is at your own risk. The Provider makes no claims that the Content on the Web Site may be lawfully viewed or downloaded outside of the territory of United Kingdom and Switzerland. Access to the Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United Kingdom or Switzerland, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. The Web Site and Content are provided on an "as is" basis without any warranties of any kind. The Provider, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose, title and non-infringement. The Provider makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics and links. In no event shall the Provider, its suppliers, or any third parties mentioned on the Web Site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Web Site, whether based on warranty, contract, tort, or any other legal theory, and whether or not the Provider is advised of the possibility of such damages. The aggregate liability for the Provider to you for all claims arising from the use of the Web Site is limited to US$ 200.--. VIII. LINKS TO OTHER SITES The Web Site may contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Provider of the contents on such third-party web sites. The Provider is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party web sites, you do so at your own risk. IX. TERMINATION The Provider reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your information from the Web Site and immediate termination of your registration with or ability to access the Web Site and/or any other service provided to you by the Provider, upon any breach by you of these Terms and Conditions or if the Provider is unable to verify or authenticate any information you submit to the Web Site. X. INDEMNITY You agree to defend, indemnify, and hold harmless the Provider and its Network Partners, their officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Web Site or your breach of the terms of these Terms and Conditions. The Provider shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding. XI. GENERAL If any provision of these Terms and Conditions are found to be invalid or unenforceable by any court having competent jurisdiction, the invalidity or unenforceability of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in the Terms relating to specific services offered by the Provider and additional terms of use for specific areas of the Web Site, these Terms and Conditions constitute the entire agreement between you and the Provider with respect to the use of the Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page. In the event of a conflict or inconsistency between these Terms and Conditions and the additional terms in relation to any specific service accepted by us (Additional Terms), the Additional Terms shall prevail. XII. APPLICABLE LAW AND JURISDICTION These Terms and Conditions are governed by the substantive laws of Switzerland. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the Zurich Court of Commerce, Zurich, Switzerland. GENERAL TERMS AND CONDITIONS FOR WEALTHCAREERS SERVICES WealthCareers offers online services for the recruiting of talent in financial services worldwide. These services consist of the posting of positions and in the usage of its database to identify suitable candidates as described in the relevant section of the WealthCareers website (hereafter Services). These General Terms and Conditions and the <Terms and Conditions of Use> above which are an integral part hereof apply to all Services purchased by recruiters (hereafter Customers) from WealthCareers unless explicitly agreed otherwise in writing. I. SERVICES AND FEES The Customer may order the Services to be provided by WealthCareers from the selection of services described on the WealthCareers Website at the time of the order. A binding agreement is entered into by WealthCareers confirming the order by e-mail or by providing the services ordered (hereafter Agreement). The applicable fees are indicated on the WealthCareers Website and may be revised by WealthCareers at any time by posting the new fees. WealthCareers will deliver to Customer an invoice for Services rendered during the billing period in the amounts set forth on the WealthCareers Website at the time of the order. Customer shall remit the amount(s) due under the invoice no later than twenty (20) calendar days from the date of said invoice. Interest shall accrue at the rate of eight (8) per cent p.a. on any fees that remain unpaid more than fourteen (14) calendar days past the date of the applicable invoice. WealthCareers will bill its services out of its headquarter in the United Kingdom. The fees are net of taxes or other applicable levies. II. TERM AND TERMINATION The term of any Agreement with WealthCareers is from the date of acceptance by WealthCareers of Customer's order until such time when all Services subject to the Agreement have been provided. The Agreement may be terminated by either party at any time in the event of a material breach by the other party that remains uncured after thirty (30) calendar days written notice thereof. The parties acknowledge that nonpayment of fees constitutes a material breach of this Agreement. In the event that WealthCareers reasonably believes that Customer's conduct (including, without limitation, intentionally transmitting inaccurate and/or incomplete data to WealthCareers) or its content violate applicable law or pose a threat to WealthCareers's systems, equipment, processes, or Intellectual Property (the 'Threatening Condition'), WealthCareers will provide Customer with notice of the Threatening Condition, upon receipt of which Customer agrees to exercise best efforts to cure said Threatening Condition. If in the reasonable and good faith determination of WealthCareers, the Threatening Condition poses an imminent or actual threat to WealthCareers's systems, equipment, processes, reputation or intellectual property, WealthCareers may suspend the Services and remove Customer's content from the WealthCareers Website until the threat is cured. In any event, WealthCareers may terminate this Agreement without further requirement of notice if the Threatening Condition remains uncured more than thirty (30) calendar days after Customer is notified of the Threatening Condition. The Agreement may be terminated by either party effective immediately and without any requirement of notice, in the event that (i) the other party files a petition, in bankruptcy, seeking any reorganization, arrangement, composition, or similar relief under any law regarding insolvency or relief for debtors, or makes an assignment for the benefit of creditors; (ii) a receiver, administrator, trustee, or similar officer is appointed for the business or property of such party; (iii) any involuntary petition or proceeding, under bankruptcy or insolvency laws, is instituted against such party and not stayed, enjoined, or discharged within sixty (60) days; or (iv) the other party adopts a resolution for discontinuance of its business or for dissolution. WealthCareers shall be entitled but not obliged to delete or destroy, at its own discretion, material received from the Customer upon the earlier of (i) discharge of WealthCareers's obligations under the order such material is in relation to or (ii) termination of this Agreement. III. INTELLECTUAL PROPERTY Except as expressly set forth in this Agreement, neither party will acquire any right, title, or interest in the other's copyrights, trademarks, registered designs, inventions, patents, database rights, know how, trade secrets, goodwill (hereafter 'Intellectual Property'). Except as otherwise provided in this Agreement, WealthCareers agrees that, as between WealthCareers and Customer, all right, title, and interest in any Content provided to WealthCareers under this Agreement shall remain with Customer. WealthCareers has the right to edit Content entered by Customer in order to ensure the quality of the postings made on its website and to publish such Content on the WealthCareers Website and any and all websites of WealthCareers's network partners. Except as otherwise provided in this Agreement, Customer agrees that, as between WealthCareers and Customer, all Intellectual Property originally created by WealthCareers and its employees, agents and/or contractors in connection with this Agreement, including, without limitation, the layout of position postings, and all documentation (in any and all media), shall be entirely WealthCareers's property, free of any claims whatsoever by Customer. IV. WARRANTIES WealthCareers hereby represents and warrants 1.that the Services provided to Customer hereunder will conform substantially to the specifications set forth and contained in any annexes hereto and/or on the WealthCareers Website at the time of the order. 2.that, to the best of WealthCareers's knowledge, (i) the Services do not infringe the Intellectual Property rights of any third party; (ii) that any software created and used by WealthCareers to perform the Services under this Agreement will be virus-free. Customer hereby represents and warrants that, to the best of its knowledge, 1.the content provided by Customer does not infringe upon any third party Intellectual Property right, is not defamatory, libelous, or obscene or otherwise not in compliance with WealthCareers's acceptable use policy as outlined in the <Terms and Conditions of Use>; 2.that Customer has all necessary authorizations, governmental permits and licenses to permit WealthCareers to perform the Services. EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, WEALTHCAREER HEREBY EXCLUDES ANY REPRESENTATIONS, WARRANTIES, UNDERTAKINGS, CONDITIONS OR OTHER TERMS (WHETHER IMPLIED BY STATUTE, COMMON LAW, COLLATERALLY OR OTHERWISE) AS TO SATISFACTORY QUALITY, FITNESS FOR PURPOSE OR OTHERWISE. V. LIMITATION OF LIABILITY Should a position posting not be displayed or not be posted in the location and form ordered by Customer, WealthCareers's liability is limited to correct the posting and WealthCareers is not obliged to refund the Customer. WEALTHCAREERS SHALL NOT BE LIABLE FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR EXEMPLARY LOSS OR DAMAGES (EVEN IF WEALTHCAREERS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGES), SUCH AS, BUT NOT LIMITED TO, LOSS OF REVENUE, PROFITS OR BUSINESS, COSTS OF DELAY, COSTS OF LOST OR DAMAGED DATA OR DOCUMENTATION. IN THE EVENT THAT WEALTHCAREERS SHALL BE LIABLE TO CUSTOMER WITH RESPECT TO ANY SUBJECT MATTER OF THIS AGREEMENT WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND BREACH OF STATUTORY DUTY) OR OTHERWISE FOR ANY AMOUNTS, SUCH AMOUNT SHALL NOT IN ANY CIRCUMSTANCES EXCEED THE AGGREGATE AMOUNT OF THE FEES PAID TO WEALTHCAREERS HEREUNDER DURING THE TWELVE MONTH PERIOD BEFORE THE LIABILITY WAS INCURRED. VI. INDEMNIFICATION Each Party (the 'Indemnifying Party') will defend at its expense any legal cause of action brought against the other party (the 'Indemnified Party'), to the extent that such cause of action is based upon a claim that any Services or content of the Indemnifying Party provided hereunder infringe a copyright, patent, trade secret, or other Intellectual Property rights of a third party. The Indemnifying Party will pay those costs and damages incurred by the Indemnified Party which are attributable to any such claim, provided that (i) Indemnified Party notifies Indemnifying Party in writing promptly after Indemnified Party becomes aware of such claim; and, (ii) Indemnifying Party has sole control of the settlement, compromise, negotiation, and defence of any such action (provided that the Indemnifying Party may not agree to any settlement that involves injunctive or equitable relief affecting the Indemnified Party or admission of liability by Indemnified Party without obtaining the Indemnified Party's prior written consent); (iii) Indemnified Party cooperates, in good faith, in the defence of any such legal action; and, (iv) the Indemnified Party reimburses the Indemnifying Party for all amounts paid hereunder to the extent that it is finally determined that the Indemnified Party is not entitled to indemnification hereunder. Should any of Indemnifying Party's Services or content become, or in Indemnifying Party's opinion is highly likely to become, the subject of a claim of infringement, Indemnifying Party may, at its option, (i) obtain the right for Indemnified Party to continue using the Services; (ii) replace or modify the Indemnifying Party's products and services so it is no longer infringing or reduces the likelihood that it will be determined to be infringing; or (iii) if neither of the foregoing options is commercially reasonable, terminate this Agreement, provided that Indemnifying Party refunds any fees received from or remits any amounts due to Indemnified Party hereunder, whichever applicable. VII. RELATIONSHIP BETWEEN THE PARTIES The parties shall perform all of their duties under this Agreement as independent contractors. The parties understand and agree that, except as specifically provided in this Agreement, neither party grants the other party the power or authority to make or give any agreement, statement, representation, warranty, or other commitment on behalf of the other party, or to enter into any contract or otherwise incur any liability or obligation, express or implied, on behalf of the other party, or to transfer, release, or waive any right, title, or interest of such other party. VIII. ASSIGNMENT This Agreement may not be transferred or assigned by Customer without the prior written consent of WealthCareers, which consent shall not be unreasonably withheld. Notwithstanding the foregoing, consent of WealthCareers shall not be required for assignment or transfer made by (i) operation of law or (ii) to an entity that acquires substantially all of Customer's stock, assets or business. IX. FORCE MAJEURE Neither party hereto shall be responsible for any failure to perform its obligations under this Agreement if such failure is caused by acts of God, war, strikes, revolutions, lack or failure of communications infrastructure, laws or governmental regulations or other causes that are beyond the reasonable control of such party. Obligations hereunder, however, shall in no event be excused but shall be suspended only until the cessation of any cause of such failure. The party facing an event of force majeure shall use commercially reasonable efforts to remedy that situation as well as to minimize its effects. X. AMENDMENTS This Agreement may be amended by WealthCareers at any time by posting the amended Agreement on the WealthCareers Website. The amended Agreement becomes effective 10 days from the date of posting of the amendments except in the event that Customer rejects the amendments within 10 days from the date of posting thereof. The amended Agreement only relates to orders which are received by WealthCareers after the effective date. XI. SURVIVAL The provisions of this Agreement relating to payment of any fees or other amounts owed, payment of any interest on unpaid fees, intellectual property, confidentiality, warranties, limitation of liability, and indemnity shall survive any termination or expiration of this Agreement. XII. SEVERABILITY If any provision of this Agreement shall be held invalid, illegal or unenforceable, that provision shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. XIII. APPLICABLE LAW AND JURISDICTION These Terms and Conditions are governed by the substantive laws of the United Kingdom. Jurisdiction for any claims arising under this Agreement shall lie exclusively with the London Court of Commerce, London, United Kingdom. London, March 2006
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