Liquid CV User Agreement

1. Introduction. This Agreement is a legal document which sets out your rights and obligations, and those of Liquid CV Limited, a company registered in England under registration no. 05590765 ("Liquid CV", "we" or "us"), in relation to this site and the services offered by Liquid CV through it (the "Liquid CV Service").
   
   By registering for the Liquid CV Service, you accept that you are entering into a contract with us on the terms of this Agreement. So therefore you must take the time to read and understand it before registering.
   
   Visitors to the Liquid CV Service who do not register to become a User (see 2 below) similarly affirm that they are bound by this Agreement each time they access the Liquid CV Service. You should be aware that this Agreement may change from time to time in accordance with Clause 23 below.
   
   Important: You must ensure that the email address we hold for you is kept up-to-date and that you have full access to it – we will be sending you important messages there. If you change email address, then you must inform us of the new address by amending your details while logged on to the Liquid CV Service.
2. Types of User. People who register for the Liquid CV Service become "Users". They must be at least 18 years of age. Users divides between those who decide to pay the fee we charge to become what we call a "Premium User" or a “Premium+ User”, and those who do not ("Standard Users").
   
   Standard Users may make use of the primary features of the Liquid CV Service, namely:
   • posting a curriculum vitae (“CV”), and making it available to be searched according to search criteria applied from time to time on the Liquid CV Service;
   • searching vacancies posted by Premium and Premium+ Users;
   • matching the User’s CV to a business, or to the profile of a business that is compiled by Users and made available on the Liquid CV Service (a “Corporate CV”)
   • creating and contributing to the content of Corporate CVs;
   • using the networking and communications facilities we make available on the Liquid CV Service;
   Standard Users also include “Colleagues”, who provide information and comments on Users’ CVs, trustworthiness and other characteristics, and may make no other use of the features of the Liquid CV Service.
   
   In addition to the facilities available to Standard Users, Premium Users may also:
   • post vacancies on the Liquid CV Service; and
   • conduct searches that use more search criteria, which will therefore enable the Premium User to much more quickly find the person (User), position, or similar searchable item that the Premium User may be looking for.
   In addition to the facilities available to Standard and Premium Users, Premium+ Users may also:
   • target vacancies to Users with specific professional backgrounds, skills, or personality-types, as suggested by their CVs or psychometric analyses that the Users have undergone (“Psychometric Profiling”); and
   • use the Liquid CV Service’s videomail to conduct communications with Users and potential Users.
   Note that we are not an internet service provider. In order to avail of the Liquid CV Service, you must have internet access and all the software (and skills) required for email and web usage. Please also note that the Liquid CV Service is a trial or “beta” service. This means that there may be aspects of the service that are not completely final, that have bugs or may be difficult to use. Users must take account of this.
3. Important Note: Premium and Premium+ Users. If you decide to become a Premium or Premium+ User, and therefore pay our Premium or Premium+ Users fees, you are agreeing to take the Premium or Premium+ User service we make available to you promptly after that fee is paid. This means that you do not have the right to cancel your Premium or Premium+ User service during the cooling-off period which is provided for certain purchases under the Consumer Protection (Distance Selling) Regulations 2000.
   
   The Premium or Premium+ User fees will be communicated to you when you sign up as a Premium or Premium+ User.
   
   Your Premium or Premium+ User service is either one-off or continuous. If you are a one-off Premium User, you will need to renew it every time if you wish to continue benefiting from being a Premium User. Alternatively, a continuous Premium User subscription will be automatically renewed. You can change between continuous and fixed Premium User service through your User Account on the Liquid CV Service.
   
   We will notify continuous Premium Users 14 days before renewal, and (if the Premium User fee is going to increase) 28 days before as well. Each notification will include the date when renewal is to take place, and the Premium User fee that will apply for the next period. If you do not wish to proceed with automatic renewal of your Premium User service, you will be able to prevent this by changing to a fixed Premium User subscription through your User Account on the Liquid CV Service – provided you do this at least 24 hours before the renewal time referred to in the renewal notice(s) you receive from us.
   
   Please note that a continuous Premium User subscription may lapse due to our inability to take payment using your selected payment method – such as if you change credit card. In that event, you will need to arrange to make payment in order to renew your Premium User subscription.
   
   Please note that we reserve the right to change the amount of the fee for Premium User service, the period which it covers and the Liquid CV Services which it enables you to obtain from time to time. However, Premium Users can be assured that these changes will take effect until their next subscription renewal date, except with the agreement of the Premium User.
4. Registration. You undertake to register for the Liquid CV Service using accurate and current information about yourself - including your correct name, address and any other requested details. If you are asked for, and provide, details of a credit, debit or charge card, you must ensure that (a) you are fully entitled to use that card, and (b) it has available funds sufficient to cover the charges which are deducted from it. As part of the registration process for the Liquid CV Service, you will receive a verification email, the purpose of which is to take reasonable steps to ensure that the email address you have nominated during registration is controlled by you. That email contains simple instructions which you must follow.
5. Privacy policy. Liquid CV's Privacy Policy forms part of this Agreement, and by agreeing to this Agreement, you also give your consent to the way we may handle your personal data as detailed in that policy. Given the global nature of the World Wide Web, any posting on the Liquid CV Service (including any which contain personal information) is, of course, accessible to internet users around the world.
6. Liquid CV's Role. You, whether you are a User or a non-User, acknowledge that we are not and cannot be responsible for the behaviour of Users - whether on the Liquid CV Service or outside of it. We only provide a venue where the Liquid CV Service may be accessed. In particular, you should be aware that Liquid CV does not generally pre-screen or monitor the material contributed by Users.
7. Additional terms and conditions and services. Aspects of the Liquid CV Service, such as the content of Corporate CVs and Corporate CV questionnaires, may be subject to additional terms and conditions or rules of use. Also, Liquid CV or its affiliates may offer new or additional services through the Liquid CV Service from time to time, which may also be subject to additional terms and conditions or rules of use. Any failure by you to comply with a material provision of those terms or rules will amount to a breach of this Agreement.
8. Operation of Liquid CV Services. Liquid CV reserves the right to withdraw or modify aspects of the Liquid CV Service, or the entirety of it, where we have legal or commercial reasons to do so. There may also be times when the Liquid CV Service becomes inaccessible as a result of technical difficulties experienced by Liquid CV or on the Internet; we will, however, use reasonable skill and care to overcome these difficulties where they are within our control. As indicated above, however, note that the Liquid CV Service is a trial service, and that aspects of it are not completely final, and may have bugs or be difficult to use. Please also note that there will be no refund of Premium or Premium+ User fees (nor will we have any other liability to you) for withdrawal, modification or unavailability of the Liquid CV Service, except as provided in Clause 11(ii) below. For security or other reasons, we may require you to change password or other information which facilitates access to the Liquid CV Service.
9. Misuse of Liquid CV Service. We reserve the right (a) to suspend or terminate any User's access to the Liquid CV Service, or parts of it, and/or (b) to remove, or require the User to remove, material posted on the Liquid CV Service, if the relevant User or material appears to us, or to a complainant, to be in breach of any provision of this Agreement. Any person whose access has been suspended or terminated must not re-register for, or re-access, the Liquid CV Service without our prior consent. You are responsible for everything which is done on or through the Liquid CV Service while your User account is logged on to the Liquid CV Service, or through your email address(es). In addition, we reserve the right to suspend or terminate any User's access to the Liquid CV Service, or parts of it, if the relevant User is abusive, discriminatory or threatening, or harasses or communicates offensive messages or images to another User, whether or not through the Liquid CV Service. For completeness, where we reserve a right in this Agreement, it does not mean we will be obliged to exercise it. Also, given the open-access nature of the Liquid CV Service, we cannot prevent determined people who have been suspended from the Liquid CV Service (or had their use of the Liquid CV Service terminated) form re-accessing or re-registering as a User, in breach of their obligations under this Agreement.
10. Relevance. The Liquid CV Service is intended to be used by its Users for the purposes referred to in Clause 2 above. Accordingly, Users must not:
    • place material on, or otherwise use, the Liquid CV Service for any purpose that is not referred to in Clause 2; or
    • use their access to the Liquid CV Service, or information gathered from it, for the sending of unsolicited bulk email (sometimes known as spam).
11. Fees
    1. You acknowledge that we are entitled to alter the amount or the basis of the calculation of our fees from time to time, provided that such amount or basis is clearly stated at the time when you agree to take the relevant Liquid CV Service or prior to any fees being taken.
    2. Fees paid by a Premium or Premium+ User will not be rebated or refunded by Liquid CV, except as follows. If, under Clause 8 above, we entirely withdraw a Liquid CV Service, or the entirety of the Liquid CV Service itself, then you may be entitled to a rebate of your Premium or Premium+ User fee for the remainder of the period to which that fee relates. No rebate of any part of the Premium User or Premium+ User fee will be payable under any circumstances, other than as provided in this Clause 11(ii).
    We may offer new or ancillary services from time to time which require the payment of fees - either to us or a nominated third party - on terms which will be provided to you at the time.
12. Prohibitions. Each User is responsible for ensuring that no material he or she posts, or which is posted through a machine on which the User accesses the Liquid CV Service, nor any activity, statement or communication made in connection with the Liquid CV Service (including, without limitation, any comment on or statement concerning a CV or Corporate CV by a Colleague or other User), will be capable of (a) infringing the intellectual property or other rights of any person or entity, (b) breaching any applicable law, whether criminal, tortious or otherwise, or (c) appearing to be offensive, threatening, abusive, discriminatory, obscene, pornographic, false, libelous, defamatory, unreliable or misleading.
13. Alerting Liquid CV. If you see anything on the Liquid CV Service which appears to infringe this Agreement, then please contact us to inform us of it by using the "Report Abuse" function, or by emailing us here . We do not generally monitor material contributed by Users before it is placed on the Liquid CV Service, and so we are reliant upon users to point out any which infringes this Agreement.
14. Withdrawal of material and Termination of Users. Each User acknowledges that we are entitled to withdraw any material on the Liquid CV Service which appears, whether based on information received from Users or others or our own determination, to be capable of breaching any part of this Agreement, or to bring the Liquid CV Service into disrepute. However, each user acknowledges that we do not generally monitor material which appears on the Liquid CV Service, and that we are reliant upon you and all Users to notify us of anything which appears likely to breach this Agreement, using the notification techniques which are made available on the Liquid CV Service.
15. Disclaimer and Release. Liquid CV has no control over or responsibility for the truth or accuracy of any material available on the Liquid CV Service not originated by us, including (without limitation):
    • any Psychometric Profiling of a User;
    • the content of any CV or Corporate CV;
    • any statements made by Colleague concerning a User, CV or Corporate CV; or
    • any content provided or contributed by Users or other third parties,
    and accordingly, to the extent that the law permits, you release Liquid CV its directors, contractors and employees from all liability (including in relation to disputes with other Users) arising out of or in connection with all such material.
    
    If any third party sites are linked to from the Liquid CV Service, this does not mean that we endorse or have any responsibility for the site in question or anything which appears on it.
    
    You should exercise no lesser degree of caution in appraising what you see on the Liquid CV Service than you do offline.
    
    Even though Users are prohibited from doing so, people may provide information, or otherwise behave, in a way that is unreliable, misleading or even illegal. Further, you should note that people may not necessarily be who they say they are.
16. Intellectual Property. You acknowledge that all copyright, trade marks, and other intellectual property rights in and relating to the Liquid CV Service (including the material which is contributed by Users) are owned by Liquid CV. It is easy to copy material which appears on web-sites, but this does not mean it is legal. Therefore, no-one may copy, distribute, show in public or create any derivative work from the Liquid CV Service, or any of the material which is found on the Liquid CV Service unless properly licensed to do so by us.
    
    By submitting any material to the Liquid CV Service, you:
    • are representing that you are fully entitled to do so;
    • grant us a non-exclusive, royalty-free, non-terminable licence to copy, modify, distribute, show in public and create derivative works from that material in any form, anywhere; and
    • authorise us to adapt the relevant material in the course of doing so, and so waive your moral rights to object to any derogatory treatment, or to be identified as the author, of the material in question.
17. Excluded loss. We will not be liable to you or any third party for any loss not reasonably foreseeable by us when this Agreement commences, for any indirect or consequential loss or damage, or for any loss of data, profit, revenue or business, howsoever caused (whether arising out of any negligence or breach of this Agreement or otherwise). Liquid CV will also not be liable for any failure to perform of its obligations under this Agreement caused by matters beyond its reasonable control.
18. Maximum liability. Without limiting the preceding Clause, during any period of twelve months the aggregate liability of Liquid CV under this Agreement (whether arising in negligence or otherwise) will not under any circumstances exceed the greater of
    • the annual Premium User fee (plus, where you are a Premium+ User, the relevant additional Premium+ User fee) payable at the time liability arises, or
    • the sums actually paid by you to us by way of Premium and Premium+ User fees during the twelve-month period prior to the date when liability arises,
    regardless of the cause or form of action.
19. Non-excluded Liabilities. Nothing in this Agreement limits Liquid CV's liability for death or personal injury resulting from our negligence, or any other liability which may not by law be excluded. Any statutory rights you may have as a consumer remain unaffected.
20. Indemnity. You agree to indemnify us against all liabilities, claims and expenses that may arise from any breach of this Agreement by you or through a machine on which you access the Liquid CV Service.
21. Assignment. We reserve the right to assign this Agreement, and to assign or subcontract any or all of our rights and obligations under this Agreement. You may not without the written consent of Liquid CV assign or dispose of this Agreement.
22. Entire Agreement. This Agreement includes our Privacy Policy. Together they contain the whole of the agreement between us and you concerning the Liquid CV Service and replace all earlier agreements and understandings with you, except for any fraud or fraudulent representation by either of us. A person who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of this Agreement.
23. Changes to this Agreement. Liquid CV reserves the right to change the Agreement with its Users from time to time, and post the new version on the Liquid CV Service. When we do so, we notify Users of the fact that there are changed terms on the main screen (www.liquid-cv.com), and will post a link to the new Agreement there. This Agreement, and any new version of it in the future, takes effect immediately. However, if you do not wish to be bound by the changes we make in this Agreement (or any new version of it), then you can choose instead to remain bound by the previous Liquid CV User Agreement until:
    • your next subscription renewal date, if you are a Premium User or Premium+ User; or
    • one month after the date when we post the new version, if you are a Standard User.
    For the purposes of the above, any Liquid CV User Agreement previous to this Agreement is accessible here.
24. Severability. In the event that any term of this Agreement is held to be invalid or unenforceable by judicial decree or decision, the remainder of this Agreement shall remain valid and enforceable.
25. Law. This Agreement shall be governed by and construed in accordance with the laws of England and Wales.
26. Keeping this Agreement. We don't separately file the individual Agreements entered into by Users when they register for the Liquid CV Service. You can access it at www.liquid-cv.com. Please make a durable copy of this Agreement by printing and/or saving a downloaded copy on your own computer.
27. Contact. You can contact us by post at Centre of Commerce, 88-90 Camden Road, London NW1 9EA. Our VAT registration number is 876 9092 66. Please note that all notices under this Agreement are to be sent and received by email. For this purpose, your notices should be sent to info@liquid-cv.com and we will send our notices to you at the email address you notify to use when you register as a User as changed subsequently in your Account details.