Terms of Use

General Terms of Use

1. ACCEPTANCE OF TERMS

Pecom provides its service to you, subject to the Terms of Use contained herein, which may be updated by us from time to time without notice to you. You can review the most current version of the Terms of Use at any time by visiting our website. In addition, when accessing particular PeCom pages or services, you shall be subject to any guidelines or rules applicable to such pages or services which may be posted from time to time.

2. DESCRIPTION OF SERVICE

PeCom may provide users with access to a collection of resources, including, but not limited to links to other sites, forums, information services, jobs boards, job advertising, CV database, shopping services and personalized content (the "Service"). You also understand and agree that the Service may include advertisements and that these advertisements are necessary for PeCom to provide the Service. You also understand and agree that the service may include certain communications from PeCom, such as service announcements, administrative messages, and notification of activities or events. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, shall be subject to the Terms of Use. Some of the Services may be subject to supplementary terms, which may be applicable to specific aspects of the Service which are stated at the Supplementary Terms section of these Terms of Use or stated within the pages of the website.

3. INTERNET ACCESS

You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service. Please be aware that PeCom may link to other sites that could contain adult or mature content. You must be at least 18 years of age to access and view such areas.

4. PECOM PRIVACY POLICY

Any information that we may hold about you is subject to the PeCom Privacy Policy. A current version of the PeCom Privacy Policy is available at www.pecom.co.uk/legal/privacy.

5. CONDUCT OF USERS

You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not PeCom, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. PeCom may not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will PeCom be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service. You agree to not use the Service to: a. upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable; b. harm minors in any way; c. impersonate any person or entity, including, but not limited to, a PeCom official, forum leader, guide or host, or falsely state or otherwise misrepresent your affiliation with a person or entity; d. forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content transmitted through the Service; e. upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements); f. upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights ("Rights") of any party; g. upload, post, email, transmit or otherwise make available any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation, except in those areas (such as shopping rooms) that are designated for such purpose (please read our Spam Policy); h. upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; i. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of the Service are able to type, or otherwise act in a manner that negatively affects other users' ability to engage in real time exchanges; j. interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service; k. intentionally or unintentionally violate any applicable local, state, national or international law, including, but not limited to, regulations promulgated by any rules of any national or other securities exchange and any regulations having the force of law; l. "stalk" or otherwise harass another; or m. collect or store personal data about other users.

6. PECOM RIGHTS OF REVIEW AND PUBLICATION

You acknowledge that PeCom may not review all Content, but that PeCom shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, PeCom shall have the right to remove any Content that violates the Terms of Use or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by PeCom or submitted to PeCom, including without limitation information in PeCom Discussion Groups and in all other parts of the Service. You acknowledge and agree that PeCom may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Terms of Use; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of PeCom, its users and the public.

7. INTERNATIONAL USE

Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the country in which you reside.

8. CONTENT SUBMITTED OR MADE AVAILABLE FOR INCLUSION ON THE SERVICE

PeCom does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant PeCom the following world-wide, royalty free and non-exclusive license(s), as applicable: • With respect to Content you submit or make available for inclusion on publicly accessible areas of PeCom, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the PeCom area to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove such Content from the Service. • With respect to photos, graphics, audio or video you submit or make available for inclusion on publicly accessible area of the Service, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purpose for which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or Pecom removes such Content from the Service. • With respect to Content other than photos, graphics, audio or video you submit or make available for inclusion on publicly accessible areas of the Service, the perpetual, irrevocable and fully sub licensable license to use, distribute, reproduce, modify, adapt, publish, translate, publicly perform and publicly display such Content (in whole or in part) and to incorporate such Content into other works in any format or medium now known or later developed. "Publicly accessible" areas of the Service are those areas of the Pecom website that are intended by Pecom to be available to the general public. However, publicly accessible areas of the Service would not include portions of Pecom that are limited to members, Pecom services intended for private communication such as Pecom Round Tables.

9. INDEMNITY

You agree to indemnify and hold Pecom, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Terms of Use, or your violation of any rights of another.

10. NO RESALE OF SERVICE

You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service.

11. GENERAL PRACTICES REGARDING USE AND STORAGE

You acknowledge that Pecom may establish general practices and limits concerning use of the Service. You further acknowledge that Pecom reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.

12. MODIFICATIONS TO SERVICE

Pecom reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that Pecom shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.

13. TERMINATION

You agree that Pecom may, without prior notice, terminate the Service or block access to the service of any individuals or organisations that act in a manner that may, amongst other reasons (a) breach the Terms or Use or other incorporated agreements or guidelines, (b) request by law or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinue or materially modify the Service (or any part thereof), (e) unexpected technical issues or problems, and (f) extended periods of inactivity. Further, you agree that all terminations for cause shall be made in Pecom’s sole discretion and that Pecom shall not be liable to you or any third-party for any termination of or access to the Service.

14. DEALINGS WITH ADVERTISERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that Pecom shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.

15. LINKS

The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Pecom has no control over such sites and resources, you acknowledge and agree that Pecom is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Pecom shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.

16. PECOM’S PROPRIETARY RIGHTS

You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorised by Pecom or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part. Pecom grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software on a single computer; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software. You agree not to modify the Software in any manner or form, or to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to the Service. You agree not to access the Service by any means other than through the interface that is provided by Pecom for use in accessing the Service.

17. DISCLAIMER OF WARRANTIES

YOU EXPRESSLY UNDERSTAND AND AGREE THAT: a. YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. PECOM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. b. PECOM MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS, (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED. c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM PECOM OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TOS.

18. LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT PECOM SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF YAHOO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.

19. EXCLUSIONS AND LIMITATIONS

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF SECTIONS 17 AND 18 MAY NOT APPLY TO YOU.

20. SPECIAL ADMONITION FOR SERVICES RELATING TO FINANCIAL MATTERS

The Service is provided for informational purposes only, and no Content included in the Service is intended for trading or investing purposes. Pecom and its licensors shall not be responsible or liable for the accuracy, usefulness or availability of any information transmitted or made available via the Service, and shall not be responsible or liable for any trading or investment decisions made based on such information.

21. NOTICE

Notices to you may be made via either email or y post. The Service may also provide notices of changes to the Terms of Use or other matters by displaying notices or links to notices to you generally on the Service.

22. TRADEMARK INFORMATION

Pecom and the Pecom logo trademarks and service marks, and other Pecom logos and product and service names are trademarks of Pecom. You agree not to display or use them in any manner, without Pecom’s prior permission.

23. COPYRIGHTS and COPYRIGHT AGENTS

Pecom respects the intellectual property of others, and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Pecom with the following information: 1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest; 2. a description of the copyrighted work or other intellectual property that you claim has been infringed; 3. a description of where the material that you claim is infringing is located on the site; 4. your address, telephone number, and email address; 5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; 6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf.

24. GENERAL INFORMATION

The Terms of Reference constitute the entire agreement between you and Pecom and govern your use of the Service, superseding any prior agreements between you and Pecom. You also may be subject to additional terms and conditions that may apply when you use affiliate services, third-party content or third-party software. The Terms of Use and the relationship between you and Pecom shall be governed by UK Law without regard to its conflict of law provisions. You and Pecom agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales. The failure of Pecom to exercise or enforce any right or provision of the Terms of Use shall not constitute a waiver of such right or provision. If any provision of the Terms of Use found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Use remain in full force and effect. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Service or the Terms of Use must be filed within one (1) year after such claim or cause of action arose or be forever barred. The section titles in the Terms of Use are for convenience only and have no legal or contractual effect.

25. NOTICE OF BREACH

Please report any breach of the Terms of Reference to Pecom at legal@pecom.co.uk.

Supplementary Terms

A. RECRUITERS – Job Posting

1. POSTING OF VACANCIES ON THE JOBSBOARD

Recruiters may post job vacancies on the Pecom Jobsboard, subject to the terms and conditions and Charges contained and/or referenced herein.

2. REMOVAL OF JOB POSTINGS

Pecom reserve the right to remove any Job Vacancies if at their sole discretion it is in breach of these terms without any liability to refund any Charges.

3. RESPONSES TO JOB POSTINGS

Pecom do not guarantee the quantity or quality or the suitability to the role advertised of the responses to job postings.

4. THIRD PARTY RECRUITMENT SITES

Pecom may submit any Job Postings to third party recruitment websites form time to time.

5. CHARGES The Charges for posting job vacancies on the Pecom Jobsboard shall be in accordance with the rate card published on the Pecom website, as varied from time to time or in accordance with rates agreed with Pecom. Published rates may be varied at any time at the sole discretion of Pecom. Terms relating to the period of job posting are detailed on the Pecom Web Site. All Charges are confidential and should not be disclosed to any other party by the Recruiter. Any job posted that is deleted by the Recruiter and reposted will be treated as two job postings. Charges are not refundable for any reason unless by agreement with Pecom. All Charges exclude VAT, VAT will be added to all invoices.

6. PAYMENT

Payment of all Charges shall be within 10 days of the date of invoice. Payment shall mean receipt of cleared finds in the Bank Account of Pecom Ltd. Interest may be charged on all late payments at the rate of 5% above HSBC’s base rate at the time. Payment shall be made either by Cheque, electronic funds transfer or by credit card, please allow for the appropriate processing time to meet the payment terms (e.g. Cheques must be received within 5 days of date of invoice to allow presentation of cheque and clearing of funds with 10 days, BACS payment must allow 3 days for clearing, CHAPS, same day etc.)

7. EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES

Employment Agencies and Employment Businesses, as defined by the Employment Agencies Act shall comply in full with the Employment Agencies Act and The Conduct of Employment Agencies and Employment Businesses (Amendment) Regulations 2007 in respect of their Job Postings on Pecom.

B. RECRUITERS – CV Database

1. USE OF THE CV DATABASE

Recruiters may access the CV Database, subject to the terms and conditions and Charges contained and/or referenced herein.

2. RESTRICTIONS OF USE

Recruiters may only use the CV Database for the purpose of finding suitable Jobseekers for roles that they (or your clients) may have. Recruiters may not use the CV Database for any other purpose. Recruiters may not copy, reproduce, resell, licence, publish or download via any macro search or automated process any information contained in the CV Database. Recruiters must delete all information retrieved from the database in relation to a vacancy, upon successful completion of their search for a candidate or placement of successful jobseeker in the role. Recruiters must hold all information contained in the CV Database and any Usernames and Passwords confidential and not divulge same to any other party.

3. DATA PROTECTION ACT

Recruiters must comply with the current Data Protection Act and associated regulatory requirements in force from time to time and hold Pecom. Recruiters will indemnify Pecom from any claim brought against Pecom as a result of their breach of this Act.

4. INTELLECTUAL PROPERTY RIGHTS

All rights in the CV Database are the property of Pecom and as such Recruiters do not acquire any rights, other than those contained herein, in relation to the CV Database and its content.

5. CHARGES

The Charges for the CV Database shall be in accordance with those published on the Pecom website, as varied from time to time or in accordance with rates agreed with Pecom. Published rates may be varied at any time at the sole discretion of Pecom. Terms relating to the nature and period of CV Database access are detailed on the Pecom Web Site. All Charges are confidential and should not be disclosed to any other party by the Recruiter. Charges are not refundable for any reason unless by agreement with Pecom. All Charges exclude VAT, VAT will be added to all invoices.

6. PAYMENT

7. EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES

C. ADVERTISERS

1. PLACEMENT OF ADVERTIEMENTS

Advertisers may place adverts on the Pecom Web Site, subject to the terms and conditions and Charges contained and/or referenced herein.

2. CONTENT OF ADVERTISEMENTS

Advertisers are responsible for the content of any advertisement placed on Pecom and the content of any links contained in the Advertisement. They must ensure that it complies with any legislation and regulatory requirements and indemnify Pecom against any claim that it infringes any legislation, regulatory requirement, intellectual property right or any other claim relating to its content.

3. REMEDY FOR PECOM ERROR OR OMISSION

Pecom’s sole liability in respect of any error or omission made by or on behalf of Pecom in respect of an advertisement is to remedy such error or omission by re-running the advertisement for the period of the error or omission.

4. LIMITATION OF LIABILITY

Pecom shall not be liable for any loss of any kind associated with the advertisement in respect of its placement on the Pecom Web Site

5. CHARGES

The Charges for placement of Advertisements on the Pecom Web Site shall be in accordance with the rate card agreed with Pecom, as varied from time to time. Any rates may be varied at any time at the sole discretion of Pecom. Terms relating to the nature, period, position and size of the Advertisement are detailed on the Pecom Web Site are as agreed with Pecom. All Charges are confidential and should not be disclosed to any other party by the Recruiter. Charges are not refundable for any reason unless by agreement with Pecom. All Charges exclude VAT, VAT will be added to all invoices.

6. PAYMENT

7. EMPLOYMENT AGENCIES AND EMPLOYMENT BUSINESSES