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Terms & Conditions

Terms and Conditions (updated Feb 2018)

 

  • General
  • Conduct of Employment Agencies and Employment Business Regulations 2003
  • For Jobseekers
  • For recruiters
  • General
  • Job advertising
  • Use of candidate database
  • Customer supplied content
  • Termination of Service

 

General

 

Terms of use

 

This web site is owned and operated by Mango Guard Ltd and is made available to you on the following terms and conditions. By using the site and the services available on it you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.

 

Data protection

 

Our use of CVs and other personal information supplied by users of this site is governed by our privacy policy. Please click here to view our privacy policy.

Personal data which you supply to us may be transferred to third party service providers to be stored or processed on our behalf, we will always endeavour to handle your information in accordance with this privacy policy.

 

Use of the site

 

The information and services available on the site are provided for the sole purpose of individuals looking for job opportunities and for employers seeking to recruit staff. You may use, print and download information from the site for these purposes only and for no other personal or commercial purpose. You may not otherwise copy, display, transmit or distribute any material from the site and if you do or if you perform any other unauthorized processing of information on the site it shall be deemed a material breach of these terms and conditions which, in the case of a customer, shall entitle us to terminate the Services immediately on notice in writing. Further, we reserve the right to suspend provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorized processing of information. In respect of any personal data accessed or otherwise processed by a Customer as a result of access to the site or the Services, the Customer agrees that it shall be the sole data controller of such personal data for the purposes of the Data Protection Act 1998 and, as such, shall be solely responsible for its processing.

 

All copyright, database rights and other intellectual property rights in the site and the material available on the site belongs to Mango Guard Ltd or its third party suppliers. Use of the site does not give you any proprietary rights in such materials.

 

Employment Agencies and Employment Business Regulations 2003

 

Recruiters and the jobseekers need to be aware that Mango Guard operates as a venue only and does not introduce or supply jobseekers to recruiters (or vice versa). This means that we do not:

Obtain sufficient information for potential recruiters to select a suitable jobseeker for the position which the recruiter seeks to fill;

Obtain confirmation of the identity of a jobseeker or that they have the experience, training, qualifications or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;

Take any steps to ensure the jobseeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the jobseeker to fulfil the position to be filled;

Take any steps to ensure that it would not be detrimental to the interests of the jobseeker or the recruiter for the jobseeker to fulfil the position to be fulfilled;

Give any indication to recruiters whether jobseekers are suitable or unsuitable for any position to be filled in any circumstances;

Propose jobseekers to recruiters or provide any information about them.

Take up any references in relation to a jobseeker; or

Make any arrangements for accommodation of jobseekers.

 

The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that jobseekers are only proposed by employment agencies for roles for which they are properly qualified and that recruiters are only offered jobseekers who have the appropriate levels of experience, training, qualifications and authorisation for the position to be filled. Since Mango Guard is only a venue and do not propose or introduce jobseekers to recruiters or vice versa, it is recommended that, if you are a jobseeker you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a jobseeker's suitability for the role.

 

These could include:

 

If you are a jobseeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a jobseeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.

If you are a recruiter; checking the identity of the jobseeker and their experience, training, qualifications and authorisation required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a jobseeker to take up a position.

In addition, where professional qualifications are required or where jobseekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications or authorisation, obtain at least two references from people who are not relatives of the jobseeker and undertake a criminal record check of the jobseeker. For more details of how to carry out a criminal records bureau check, please click here.



For jobseekers

 

CVs and job advertisements

 

CVs and job advertisements contained on the site are provided by candidates and by prospective employers and their agents and are not reviewed by us. We accept no responsibility or liability for the contents of CVs or advertisements and expect candidates and prospective employers to undertake such verification procedures as are customary and prudent in the circumstances.

 

Mango Guard’s Services

 

Services and information provided on Mango Guard site by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee their suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on the site in circumstances which may result in loss or damage.

 

Service availability

 

We try to make sure continuous availability of the site and all the services available on it but accept no responsibility for the consequences of interruptions or delays, however caused. We may, additionally, modify the design and specification of the site at any time.

 

Limitation of liability

 

MangoGuard.co.uk acts as a venue for employers and recruiters to post job opportunities and candidates to post resumes and it does not screen or censor the listings offered. MangoGuard.co.uk is not involved in the actual transaction between employers and candidates. As a result, Mango Guard Limited has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. You assume all risks associated with dealing with other users with whom you come in contact through MangoGuard.co.uk. In the event that you have a dispute with one or more users, you release Mango Guard Limited (and our 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. The Material may contain inaccuracies or typographical errors. Mango Guard Limited makes no representations about the accuracy, reliability, completeness, or timeliness of MangoGuard.co.uk or the Material. The use of MangoGuard.co.uk and the Material is at your own risk. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume/CV or material contained therein placed by you on MangoGuard.co.uk. Employers are solely responsible for their postings on MangoGuard.co.uk.

 

Under no circumstances shall Mango Guard Ltd be liable for direct, indirect, incidental, special, consequential or exemplary damages even if Mango Guard has been advised of the possibility of such damages, resulting from any aspect of your use of www.mangoguard.co.uk or the service, or the interruption, suspension, modification, alteration, or termination of www.mangoguard.co.uk or the service. Such limitation shall also apply with respect to damages incurred by reason of other services or products through or advertised in connection with www.mangoguard.co.uk or the service or any links on www.mangoguard.co.uk.

 

MangoGuard.co.uk DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, Mango Guard Limited IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. Mango Guard Limited, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. Mango Guard Limited MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

 

Indemnity

 

You agree to indemnify and hold Mango Guard Ltd , its subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers, suppliers and employees, harmless from any claim or demand, including reasonable fees and court costs, made by any third party due to or arising out of content you submit, post or make available through the Service, your use of the Service, your violation of the Terms & Conditions, your breach of any of the representations and warranties herein, or your violation of any rights of another.

 

Refund Policy

 

Credit / Debit Card Payments

 

The payments are made by credit or debit card using Worldpay’s secure transaction environment. Please visit Worldpay website for more information.

 

Refunds

 

Our system will only charge your credit or debit card when the product or service you have requested has been fulfilled. Refunds are not issued once the payment transaction for the required package has completed, your job advert is posted successfully and become live on our website. If you have difficulties with the above system, please contact our customer support team. You can reach them at admin@mangoguard.co.uk or Call them on +44 (0) 844 995 4050

 

Governing law

 

 

These terms and conditions shall be interpreted in accordance with English law and all disputes shall be decided by the English courts.

 

Browser policy

 

Mango Guard supports the current and most recent previous versions of all popular browsers, and follows the HTML 4.01 (loose) and CSS 2.1 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.

 

Mango Guard also requires jobseekers to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser.

 

For recruiters

 

General

 

In these terms and conditions:

 

'Customer' means any person, company, and organisation or firm which purchases Services from us;

'Order Form' means an order for Services on a form provided by us (in any format) and signed by a Customer;

'Services' means all recruitment products and services made available by us from time to time;

'Contract Month' means, in respect of any Order Form relating to the provision of Services for a specified period of months, the calendar month commencing on the start date specified in the Order Form and ending on the day before the same date in the next calendar month. For example, the calendar month commencing on 24 February and ending 23 March;

'Contract Term' means the full term specified in the Order Form.

We reserve the right to vary these terms and conditions from time to time. We will aim to give you reasonable notice in advance of implementing such changes by posting the revised terms and conditions on the web site and indicating the effective date that such updated terms and conditions will come into force (“Effective Date”). Where we deem the changes as significant we may also choose to email our registered users with the revised terms and conditions. The revised terms and conditions will be deemed to have been accepted by you if you continue to use the web site and our services after the Effective Date.

 

Commencement of Services

 

We will not commence the provision of Services pursuant to any Order Form until the Order Form has been submitted to us, and confirmed by the Customer by way of agreeing our T&Cs (e.g. Selecting ‘I Agree’ option. In the event of Customers who purchase Services on terms that require pre-payment, Services will not commence until payment is received and cleared.

 

Prices

 

Prices are as specified in the Mango Guard rate cards and are guaranteed for the period stated on the order form. Any discounts agreed are confidential and may not be disclosed by the customer.

 

Where a Customer posts an advertisement on Mango Guard  which includes any reference to a brand of a client or a subsidiary of the Customer (which reference may include, without limitation, such client's or subsidiary's logo, http address, email address and telephone number) (“Client Branded Advertising”), and the posting of such Client Branded Advertising has not been agreed by us in the Order Form or other contract agreed with such Customer, charges for the advertisement will be as per the relevant rate card and charged to the Customer for each job posted on Mango Guard  which includes a non-agreed piece of Client Branded Advertising.

 

A job posted on Mango Guard will remain live for 30 days or such shorter time as we agree with the Customer. Any extension of this time will be charged to the Customer as a new posting. Any jobs posted in addition to the agreed number of jobs per month will be charged at a price per job agreed with the customer at the time of the contract negotiation. If no price has been negotiated, a flat fee of £65 per job will be charged for each job over the agreed number. A single job is identified by its unique ID number. If a customer deletes a job and then either reposts it or posts another, this will be classed as two jobs.

 

If any Services to be used within any time period specified on the Order Form are not used within that period of time they may not be carried over into any subsequent period without our prior written consent. The Customer will be responsible for payment for any unused Services.

 

Payments

 

All prices are quoted exclusive of VAT. For Services purchased online or prepaid where payment has been confirmed, an e-invoice and receipt of the payment will be issued. The invoice will be sent to the email address you provide as your accounts payable contact.

 

Intellectual Property Rights

 

These terms and conditions do not transfer any (intellectual) property right, license or right of use from us to the customer. All of our rights (including but not limited to copyright, trademark rights, database rights, logos, titles as well as any other commercial rights) remain our (intellectual) property without restriction.

All material and content published by us is subject to our intellectual property rights (copyright, trademark rights and database rights), except for the individual elements of such material and content designed by the Customer or a third party that are already subject to a Customer’s or third party’s intellectual property rights and that have not been modified or revised by us. Customer also acknowledges that he has no rights, in or to, such intellectual property other than the right to use in completion of the contractual obligations.

 

License to use Customer's name, trademarks and logos

 

Customer agrees that Mango Guard may use the Customer's name, trademarks and logos (“IP-Rights”) for the purposes of providing the Services.

 

Additionally Customer agrees that Mango Guard may mention Customer as a reference customer in Mango Guard’s marketing materials. That Mango Guard may use the Customer's IP-Rights in this context and may present examples of the services provided to and the materials published on behalf of Customer.

 

Job advertising

 

Job adverts go live after payment confirmation on Mango Guard.

For first time customers who pay online, we need to carry out some security checks before jobs go live. If it is not possible to verify this from the information provided, we will contact customers to request further information. This may delay the time it takes for jobs to go live.

You will be notified by email when your job adverts have gone live on our site.

 

Site rules

 

We have rules regarding the content and format of jobs posted on Mango Guard. Their purpose is to ensure that users who search the site or the Mango Guard database get results which are presented as clearly and informatively as possible. You agree that we may, at our discretion and without liability to you, remove from Mango Guard for any advertisement which is posted in breach of these rules. The rules may change from time to time and you are advised to refer to them regularly.

 

The Rules are:

 

No duplicating of jobs at the expense of other clients' jobs.

No gratuitous use of keywords in job descriptions or job titles. Gratuitous means purposely inserting words, strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views.

Job advertisements placed on Mango Guard must be for genuine vacancies only, and not for other products or services, either relating to or unrelated to recruitment including, but not limited to, affiliate schemes, pyramid selling schemes or any other so called 'business opportunity'.

URLs or email links (live or text only) are not permitted in the body copy of the job description page. Email links are permitted from the 'send an email' link and url linking is permitted from the 'apply online' link.

Any advertising that uses the name or logo of the company being recruited for is subject to our rates for such advertising.

 

Illegal Advertisements

 

Advertisements which appear to discriminate on grounds of sex, race or disability are illegal and may result in proceedings being taken against both the advertiser and the publisher. Advertisements are accepted by Mango Guard on the basis that the advertiser confirms that any requirement or qualification which may appear to discriminate illegally is in compliance with any exemption available under the relevant legislation. Nevertheless this confirmation, if we believe that an advertisement may be discriminatory we may at our discretion either amend the advertisement or remove it from Mango Guard without liability to you to make any refund of amounts paid or due to be paid in respect of the posting or otherwise and will inform you accordingly.

 

Responses to advertisements

 

You agree to deal fairly and professionally with individuals who may respond to an advertisement you have posted and not do anything which may bring Mango Guard into disrepute. You will indemnify us from and against any claim brought by an individual against Mango Guard arising from your breach of this obligation or any other of these terms and conditions.

 

We do not guarantee any response to your advertisement or that responses will be from individuals suitable for the job advertised. It is your responsibility to carry out such checks and procedures as are necessary to ensure that candidates are suitable for the job advertised and have the required qualifications and personal characteristics.

 

As part of Mango Guard commitment to getting customers the best possible response we reserve the right to amend some of the job details that you supply in order to optimise your advertisement.

 

Equipment

 

It is your responsibility to ensure that you have the appropriate equipment and are connected to the appropriate services to enable you to post jobs to Mango Guard.

 

Content and links

 

If your advertisement links to another site via our external apply online option, you are responsible for maintaining the links and for the content of your advertisement and the linked site. We may remove from Mango Guard any advertisement which contains content or links to a site which, in our opinion, is defamatory, illegal or objectionable or will bring Mango Guard into disrepute. You will indemnify us from and against any claims or liability arising from content or links contained in your advertisements.

 

Third party sites

 

Vacancies you post on Mango Guard may also appear on third party recruitment web sites pursuant to agreements from time to time between Mango Guard and the proprietors of such web sites.

 

Browser policy

 

Mango Guard supports the current and most recent previous versions of all popular browsers, and follows the HTML 4.01 (loose) and CSS 2.1 W3C standards. If your browser is not supported, you may still be able to access our site, but you may encounter some display problems.

 

Mango Guard also requires recruiters to enable session cookies (enabling permanent cookies is recommended), and JavaScript, in their browser.

 

Use of candidate database

 

Rights in the database

 

Database rights and all other applicable copyright and intellectual property rights in the candidate database belong to Mango Guard Ltd. You acknowledge that you do not acquire any rights in the database or its content and that your retention and use of the database and its content is governed by these terms and conditions.

 

Use of the database

 

The material you are entitled to receive from the candidate database is determined by the product you have purchased from us. On receipt of this material you may:

 

Use, search or download it to your database using the Candidate Search back office interface and its associated functions for the purpose of finding suitable candidates for specific job vacancies that you or (if you are an employment agency or employment business) your client wish to fill.

Use the information about the individuals contained in the database for the purpose of contacting them (either directly or through Mango Guard depending on the product you have purchased) in relation to a specific job vacancy.

Use the information only in connection with your own recruitment-related activities.

 

You may NOT:

 

Supply, sell or license material from the candidate database, or a copy of it, to any other person, including another member of your group of companies.

Download, search or view the database through any automated (e.g. "scraping") process.

 

Contact the individuals on the database or make or allow any use of the information about those individuals, other than for the purpose of finding suitable candidates for specific job vacancies. You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations.

 

Access our candidate database from a system that is not fully patched or does not have industry standard AntiVirus software installed that is regularly updated.

 

Deletion of database material

 

You agree to delete all material from the candidate database upon its replacement with up-to-date material or the satisfactory conclusion of your search for a suitable candidate, whichever occurs first.

 

Dealings with candidates

 

You agree to deal fairly and professionally with individuals you may contact using information from the candidate database and not do anything which may bring Mango Guard into disrepute. You will indemnify Mango Guard from and against any claim brought by an individual against Mango Guard arising from your breach of this obligation or any other of these terms and conditions.

 

Passwords

 

Usernames are for the sole use of the person to whom they are issued. Passwords must be kept confidential and secure. We may deny access to a username if we reasonably believe that it is being used by an unauthorised person or that the user is breaching these terms and conditions. Concurrent usage of a username is not allowed.

 

Customer supplied content (Recruitment Campaigns)

 

These terms and conditions apply to all advertising campaigns ('Campaigns') and other material accepted by Mango Guard Ltd for display on our website. By placing any such material you accept these terms and conditions as principal, even if you are acting as agent or buyer for the third party advertiser.

 

We must receive the complete creative content for a Campaign in acceptable format at least two working days before 9 am on the go-live date specified in your order. Otherwise, we may not be able to achieve the specified go-live date but you must pay the full amount set out in the order irrespective of whether any delivery target for impressions have been met.

 

To cancel or alter an order for a Campaign you must inform us, by email at the address on the order, at least two working days before 9 am on the go-live date specified in your order. Otherwise you must pay the full amount set out in the order, irrespective of whether any delivery targets for impressions have been met.

 

You are responsible for the content of material supplied by you and for ensuring that you have the right to supply it to us and that it complies with all relevant legislation and codes of practice. If we receive complaints about any material or its content we may, at our discretion, remove the material from display without reference or liability to you. You will indemnify us against any claim that the material infringes the intellectual property rights or other rights of others or is defamatory or otherwise offensive.

 

If you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973) it is your responsibility to ensure the advertisements you place on Mango Guard comply with the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

 

You are also responsible for fulfilling and dealing with any orders or enquiries relating to the goods or services to which a Campaign relates and you will indemnify and hold us harmless accordingly.

 

Where a Campaign is sold on a cpm basis, we will provide you with a password to enable you to monitor the number of impressions served in lieu of any other right of audit. You will not use the password, or the system to which it gives you access, for any other purpose.

 

Your sole remedy if we, or our third party subcontractors who may host and serve Campaigns from time to time, make an error in displaying any Campaign is the cost of re-running the relevant Campaign. Neither we nor our subcontractors shall be liable in any circumstances for any loss of profit or business. We shall, additionally, have no liability for failure to display the Campaign caused by circumstances outside our control.

 

Additional Terms of Use

 

Certain areas of MangoGuard.co.uk are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

 

Terms & Conditions of Job Seekers 'Available Now' Ads

 

By publishing an ‘Immediately Available’ Advert on this website you are agreeing to comply with all the terms and conditions for this site. Additionally you undertake to make your best efforts to delete your advert at the earliest opportunity if your circumstances change and you are no longer available within the stated seven day period. Breach of these Terms and Conditions may lead to your registration being suspended or terminated.

 

Termination of Service

The Customer at any time may terminate or delete their online account with Mango Guard or remove their content from Mango Guard site with or without a prior notification.

 

The Customer agree that Mango Guard, in its sole discretion, has the right (but not the obligation) to delete or deactivate your account, block your email or IP address, or otherwise terminate your access to or use of the Service (or any part thereof), immediately and without notice, and remove and discard any Content within the Service, for any reason, including, without limitation, if Mango Guard Ltd believes that you have acted inconsistently with the Terms & Conditions. Furthermore, you agree that Mango Guard shall not be liable to you or any third-party for any termination of your access to the Service.