Terms & Conditions
1.1 This website is owned and operated by ICAEW and is made available to you on acceptance of these terms and conditions (the "Terms and Conditions"). By accessing any part of the Website and/or using its services you shall be deemed to have accepted the Terms and Conditions in full.
Training Vacancies is part of ICAEWjobs and acts to provide an extended service to potential ACA students who will be encouraged to register with the jobseeking service.
'ICAEW' means Institute of Chartered Accountants in England and Wales, incorporated by Royal Charter, with its registered office at Charted Accounts' Hall, Moorgate Place, London EC2R 6EA.
1.3 By using the Website you agree you will not take any action (or support or assist others to do so) or use any software, device or application (including but not limited to uploading or making available files containing corrupt data, viruses, virus, cancelbot, Trojan horse or worms) to damage, crash, delay, or otherwise interfere with the operation of the Website (or any other ICAEW website or service) nor its lawful use by others.
1.4 These Terms and Conditions shall be governed by English Law and the courts of England shall have exclusive jurisdiction.
2. INTELLECTUAL PROPERTY
2.1 ICAEW and the 'economia' logo are registered trademarks of The Institute of Chartered Accountants in England and Wales. Use of these marks and any other logos or marks belonging to ICAEW is strictly prohibited without ICAEW's prior consent in writing. Use of the Website does not give you any proprietary rights in such materials.
2.2 The sole function of the Website is to provide information and services to aid potential ACA students ("Candidates") in their search for new career opportunities, and to provide potential employers ("Employers") and recruitment companies ("Recruiters") access to Candidates. You may use, print and download extracts from this site or emails you have received from us for these purposes but only on the following basis:
- use of all material/or the content of emails you receive or view on the Website is for ypur personal non-commercial use only;
- any copies of pages saved to disk or to any other storage medium or device may only be used for subsequent viewing purposes or to print extracts for personal use;
- no materials on the Website may be modified or adapted in any way;
- no graphics, pictures and artwork on the Website may be stored, reproduced and/or used separately from their accompanying text; and
- when copying or reproducing any material if permitted then, in each case, the ICAEW/Training Vacancies copyright notice and a link to these Terms and Conditions must appear on all copies.
2.3 No part of the Website or any emails you receive from ICAEW may be reproduced or stored in any other website or included in any public or private electronic retrieval system or service or database without ICAEW's prior written permission.
2.4 Any rights not expressly granted in these terms are reserved.
3. SERVICE ACCESS
3.1 Whilst ICAEW shall use its reasonable endeavours to ensure that the Website is available 24 hours a day, it will not be liable if for any reason the Website is unavailable at any time or for any period.
3.2 Access to the Website may be suspended temporarily and without notice in a number of circumstances including but not limited to system failure, maintenance or repair, failure of host, or for other reasons beyond the control of ICAEW. ICAEW may, additionally, alter the design and specifications of the Website at any time and/or restrict access to some or part of the Website and/or create paid-for access or password-only areas or sections.
3.3 Some Candidates, Employers or Recruiters may additionally restrict access to their details and/or accessibility depending on the functionality of the Website, the levels of service offered by ICAEW and their preferences.
3.4 ICAEW may at any time on request for take down by a third party take down, remove, suspend or delete any posting, comment, advert, text or other material on the Website or accessible through any of the Training Vacancies Databases whether or not uploaded by any Employer, Recruiter or Candidate and whether or not paid for without any liability to such person.
4.1 Careers and employment information contained on the Website or in emails that ICAEW send is to provide Candidates with career opportunities and information and also to permit Employers and Recruiters access to Candidates. You should neither act, nor refrain from action, on the basis of any such information which is for guidance only. You should take appropriate professional advice on your particular circumstances: laws and regulation may change over time and any summary article or guidance may inevitably not be a comprehensive and accurate summary of all relevant facts and elements of such laws and regulation.
4.2 Whilst ICAEW shall use its reasonable endeavours to ensure that the information placed by it on the Website and in emails is correct, ICAEW shall not be liable for any errors, omissions or inaccuracy or any loss or damages (including, without limitation, damages for loss of business, data, revenue, savings or loss of profits or any special or consequential loss) arising in contract, tort or otherwise from either the use of or inability to use the Website, or any information contained in it, or from any action or decision taken as a result of using the Website or any such information to the maximum extent permitted by applicable law. In any event, you agree that ICAEW aggregate liability for damages and/or any other loss or liability shall be limited to £10,000.
4.3 The Website or emails sent out by ICAEW/Training Vacancies may contain material submitted to Training Vacancies by third parties. Third parties are responsible for ensuring that material submitted for inclusion on the Website complies with international and national law. ICAEW will not be responsible for any error, omission or inaccuracy in the material submitted by third parties and reserves the right to omit, suspend or change any material submitted. Any arrangements made between you and any third party (including any other Candidates, Employers or Recruiters) named on, or introduced through, the Website are at your sole risk and responsibility.
Likewise, CVs and job advertisements contained on the Website are provided by Candidates, Employers and/or their agents and are not reviewed or checked by ICAEW. ICAEW accepts no responsibility or liability for the contents of CVs and advertisements and expects Candidates, Recruiters and Employers to use their own judgment and carry out such verification procedures as are customary and prudent in the circumstances.
4.4 Services and information provided on or through the Website by Training Vacancies and third parties are intended to assist Candidates in the recruitment process. Neither ICAEW nor third parties can guarantee their suitability or prospects in any particular case. Candidates should obtain independent verification before relying on information provided on the Website either by ICAEW or by Recruiters or Employers in circumstances which may result in loss or damage. Candidates should check the identity of Employers and Recruiters including the making of company searches and credit checks and other taking of references to ensure suitability and that such Employers and Recruiters are who they say they are.
4.5 ICAEW accepts no responsibility for the availability or content on any site to which a hypertext link from the Website or any ICAEW/Training Vacancies email exists. The links are provided on an "as is" basis and ICAEW/Training Vacancies makes no warranty, express or implied, for the information provided within them.
4.6 Each Employer and Recruiter undertakes, jointly and severally, to ICAEW:
- to comply with the Equality Act 2010;
- that any job advertisement posted by it will comply with the Employment Statutory Code of Practice published by the Equality and Human Rights Commission; and
- indemnifies ICAEW from and against al liability of ICAEW under ss 110 or 112 Equality Act 2010 by reason of any breach of the above or any other breach by the Employer or Recruiter of these Terms and Conditions.
5.1 Candidates are termed as ‘potential ACA students’ seeking new employment opportunities and advice. The services provided by Training Vacancies for Candidates are free to use. At no point will we ask a payment from you, nor seek any credit card details or other payment details.
5.2 Registration: Candidates are able to register at the Website and by doing so you acknowledge that you have accepted these Terms and Conditions. You also agree that: you have provided Training Vacancies with accurate registration information; that you have used your real name; that other information supplied by you is true; and that you acknowledge that it is your responsibility to update any changes to that information.
5.3 Username and Password: Each registration is for a single user only. On registering, Candidates will be asked to provide their e-mail address and create a password. Their e-mail address and password then become the Candidates’ login details needed to access their Candidate account on the Website. Candidates are responsible for all use of the services provided by Training Vacancies using their login details and for preventing any unauthorised use of your login details.
5.4 Applying to a job advertisement: Candidates can apply for job adverts displayed on the Website without being previously registered. However, once a Candidate has applied for a job they are automatically registered in Training Vacancies.
5.5 Unauthorised use of Login details: If you believe there has been any breach of security such as the disclosure, theft or unauthorised use of your (or anyone else's) Login details, or misuse of your name, picture or other data, you must notify ICAEW immediately. If we reasonably believe that your Login details are being used in any way which is not permitted by the Terms and Conditions, we reserve the right to suspend access rights immediately and then giving notice to you and to immediately block access from your Login details until the issue has been resolved to ICAEW's satisfaction.
5.6 Uploading CVs: When replying to a job advert Candidates are required to enter certain compulsory details and information which includes their CV. Candidates are unable to apply for a job without uploading their CV; however once the CV is uploaded Candidates can choose whether they want their CV to be made searchable by potential Employers/Recruiters through the CV database. This choice is made by ticking the relevant options during the application process.
6. TERMS OF BUSINESS
In this clause 6, the following terms will have the meaning provided below:
- ‘Customer’ means any person, company, organisation or firm which purchases Services from us;
- ‘Registration Form’ means an order for services through the Registration Form provided by us (in any format) and signed by the Customer;
- ‘Services’ means products and services for Employers or Recruiters made available by us;
- ‘Job Credit/s’ mean the unit of "job postings" a Customer can purchase;
- ‘Contract Month’ means the month commencing on the start date specified in the Registration Form and ending the day before the same date in the next calendar month. For example, a Contract Month commencing on 15 June and will end on 14 July. All job postings will expire and be removed at the end of the agreed period; and
- ‘Contract Term’ means the term specified on the Registration Form and the length of time Services are to be provided.
6.1 Job Credit Postings: Customers with an annual subscription to Training Vacancies and who comply with the Terms and Conditions will be provided with credit for up to three job postings per month to upload on the Website. Training Vacancies is an affiliate site to ICAEWjobs.com therefore only the annual subscription is payable 30 days from receipt of invoice, no payments are required or made by credit card using PayPoint’s secure transaction environment.
6.2 Job Credit Postings: Commencement of Services will not begin until the Registration Form has been returned to us, signed by the Customer and then approved by us.
6.4 Prices for advertising options are available by request from firstname.lastname@example.org. The prices are guaranteed for the period stated on the Registration Form. They are confidential and may not be disclosed to others by the potential Customer.
One Job Credit is for a job posting that can be displayed for 4 weeks. A single job posting is identified by its unique identification (ID) number. The Customer can choose to display a job advert for a longer duration upon request to email@example.com. This information is displayed when uploading a job to the Website. Once a Customer has used up all their job credits, they will be unable to upload any further jobs and should contact firstname.lastname@example.org to request or pay for more job credits.
If any Service is to be used within a set time period specified on the Registration Form and is not used within that time period it may not be carried over into any subsequent period without ICAEW's prior consent.
6.5 Payments: All prices exclude VAT. Annual subscriptions for Training Vacancies will be invoiced upon registration, invoices are payable within 30 days from invoice date.
Late payment will entitle us to suspend provision of Services and/or suspend access to the Website without prior notice to you. Interest will be payable on late payments at a rate of 3% above the National Westminster Bank plc’s base rate from time to time.
6.6 Termination: The Customer may terminate the provision of Services under any Registration Form by no less than 30 days notice to expire at the end of a Contract Month. Either party may terminate provision of Services immediately by giving written notice to the other party if that other party:
6.6.1 remains in breach of these Terms and Conditions for more than 14 days after the non-breaching party has given the party in breach a written notice specifying the breach and requiring its remedy; or
6.6.2 enters into liquidation or any composition with its creditors, or has a resolution passed to wind up (except for amalgamation or reconstruction) or has a receiver, administrator or administrative receiver appointed over all or any part of its assets; or ceases permanently to trade or threatens to do so.
6.7 Termination of any agreement for Services will not affect any rights or obligations of either party which have accrued as at that date.
6.8 Training Vacancies may additionally and immediately terminate Services to a Customer by giving the Customer written notice if the Customer does anything which in the reasonable opinion of ICAEW/Training Vacancies could damage the reputation of the Website, or otherwise bring Training Vacancies or ICAEW or any other person into disrepute, or is illegal or is defamatory or which infringes any intellectual property right or where there has been a plausible take-down request from a third party.
6.9 ICAEW's total liability to the Customer in respect of any Services, except for death or personal injury caused by ICAEW's negligence, is limited to the total amount paid to us during the Contract Term for such Services or £10,000 whichever is the greater.
7. JOB ADVERTISING
7.1 Access to allow the uploading of job adverts will be given upon receipt of registration. It is then the responsibility of the Employer/Recruiter to upload and manage their job adverts. Support can be requested by emailing email@example.com or contacting +44 (0)1908 248 316.
7.2 Services Provided: Candidates and Recruiters need to be aware that Training Vacancies operates as a platform to aid the jobseeking process only and does not seek to introduce or supply Candidates to recruiters or visa versa. Training Vacancies does not screen any applications or candidate CVs to determine any Candidate’s suitability for a job vacancy nor check their accuracy or any other information regarding the Candidate.
In accordance with The Conduct of Employment Agencies and Employment Business Regulations 2003 ('the Regulations') it is recommended that:
- if you are a Candidate you undertake the steps set out in the Regulations to ensure your suitability for a job vacancy, and
- if you are a Recruiter, you undertake the steps set out in the Regulations to ensure a Candidate’s suitability for the vacancy.
8. SITE RULES
ICAEW/Training Vacancies have rules regarding the content and format of job adverts posted on the Website. The purpose of these rules is to ensure that users who search the site or the Training Vacancies database bring up results which are presented as clearly and informatively as possible. By using the Website you agree that we may, at our discretion and without liability to you, adapt, edit, amend and/or remove from Training Vacancies 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 posting of any incomplete, false or inaccurate biographical information or information which is not your own accurate resume;
- no posting of duplicate jobs by directly copying adverts placed by others either on the Website or through other websites or media;
- names must be true;
- no advertising of any kind for any franchise, pyramid scheme, multi-level marking (MLM) opportunity, "club membership", distributors or sales representative agency arrangements or other business opportunities;
- all job adverts placed on Training Vacancies must be for genuine ACA training job opportunities, work experience or placements only;
- no advertising of any kind for jobs that require or express a preference for or refer to qualified ICAEW Chartered Accountants, or any other professional qualification level candidates (excluding the AAT);
- no gratuitous use of keywords in any job description or job titles such as deliberately inserting words, or strings of words, or repeating job titles, with the intention of influencing position in the results listing, or increasing the number of page views;
- no use of third party trade marks which has not been permitted by the trade mark owner in any advertisement or information or text placed by the Employer or Recruiter on the Website;
- no uploading of any content that is unlawful, harmful, threatening, abusive, harassing, libellous, and vulgar or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property rights or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law;
- no impersonation of any person or entity, including without limitation a Training Vacancies employee or agent or an authorised user of Training Vacancies Services, another Candidate, Employer or Recruiter, or otherwise misrepresenting your affiliation with any person or entity; and
- no posting or uploading of opinions, invitations, or advertisement, commercial or otherwise for the solicitation of business from Recruiters, including any solicitation by any competitors to Training Vacancies or ICAEW of any Recruiters or Employers who post on the Website.
9. USE OF THE CANDIDATE DATABASE
9.1 Access to the Candidate database will be given upon request to firstname.lastname@example.org after registration. It is then the responsibility of the Employer/Recruiter to manage their use of the database and keep their login details confidential. ICAEW may deny access to login details if it reasonably believes that they are being used by an unauthorised person or that the user is in breach of these Terms and Conditions.
As Training Vacancies acts as a platform to display Candidate CVs, Recruiters/Employers need to be aware that Training Vacancies does not screen these CV’s or verify their content in any way and is not responsible for determining a Candidate’s suitability for a vacancy.
It must also be noted that any searching or screening tools provided by Training Vacancies for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist Recruiters/Employers in taking these steps, but are not intended as a substitute.
9.2 Rights in the database: Database rights and all other applicable copyright and intellectual property rights in the Candidate database, Available Student Register and Recruitment Register (together 'the Training Vacancies Databases') belong to ICAEW. By accepting these Terms and Conditions you acknowledge that you do not acquire any rights in the Training Vacancies Databases or their content and that your retention and use of the databases and their content is governed by these Terms and Conditions.
9.3 Use of the database: By using Training Vacancies, the Available Student Register and the Recruitment Register candidate databases you agree to only use it to aid your search for suitable Candidates for your genuine and existing job vacancies. You agree to deal fairly and professionally with Candidates entered on the Training Vacancies Databases and not do anything which may bring Training Vacancies or ICAEW into disrepute. You will indemnify Training Vacancies from and against any claim brought by a Candidate against Training Vacancies arising from your breach of this obligation or any other of these Terms and Conditions.
You undertake that you will not:
- gather, collate or harvest data or information from (a) the Training Vacancies Databases, (b) the Website or (c) the entries or data posted on the Website or available through it ('the Training Vacancies Data');
- create any derivative database based on, or developed by using, the Training Vacancies Databases or any database accessible through the Training Vacancies Data;
- use the Training Vacancies Databases or the Training Vacancies Data for any other jobs site or jobs vacancies service;
- use any data mining, robits, or similar data gathering or extraction methods;
- use any device to navigate or search the Website or the Training Vacancies Databases other than the tools available on the Website, generally available wb browsers or other tools approved in writing by ICAEW;
- use the Training Vacancies Databases or the Training Vacancies Data to market services other than as permitted by these Terms and Conditions in the context of your being a Candidate, Recruiter or Employer;
- seek to establish or create any duplicate of the Training Vacancies Databases or the Training Vacancies Data;
- use the Training Vacancies Databases or the Training Vacancies Data to verify or check any other database;
- copy or sell any material contained in the Training Vacancies Databases or the Training Vacancies Data to any other person (including another member of your group of companies);
- download any part of the Training Vacancies Databases or the Training Vacancies Data through any automated means (e.g. ‘scraping’); and
- if you are a Recruiter or Employer, use the information gathered from the the Training Vacancies Databases or the Training Vacancies Data to contact Candidates for any other means than aiding your search for suitable Candidates for your job vacancies.
whether or not such use infringes or would infringe database right or copyright.
You must, at all times, comply with the Data Protection Act 1998 and all subsequent legislation and regulations. Any personal information released or made available via the Website (such as Candidate contact details) should be used for the purpose of contacting them only.
10. ONLINE ADVERTISING AND CAMPAIGNS
10.1 These Terms and Conditions apply to all advertising material (‘Campaigns’) accepted by Training Vacancies for display on any part of the website. Campaigns include banner and button advertising, sponsored jobs and targeted e-mails and by purchasing any one of these you are deemed to have accepted these Terms and Conditions in principle, even if you are acting as an agent or buyer for the actual advertiser.
10.2 In order for your campaign to go-live on the Website the section below outlines the timescales we need to receive Campaign content so that the Campaign goes live on the specified date:
• Button adverts – at least 2 days prior to go-live date.
• Banners and MPUs – at least 4 days prior to go-live date.
• Premium job listing – at least 2 days prior to go-live date.
• Targeted e-mail – at least 5 days prior to go-live date.
If we do not receive the relevant content within these time scales ICAEW cannot guarantee that the Campaign will go live on the date scheduled, and it may be necessary to re-schedule depending on availability. If this is the case you must pay the full amount set out in the Registration Form irrespective of whether any delivery targets have been met.
10.3 If you wish to cancel or amend a booked Campaign or any part of it you must inform ICAEW via telephone or fax at the number on the Registration Form at least 48 hours before 9am on the go-live date. Campaigns cancelled before such deadline will receive a refund of any fees paid, however if you fail to give Training Vacancies the aforementioned cancellation notice above no refund will be given.
10.4 Responsibility for the Campaign content and for ensuring that it complies with all relevant legislation and codes of practice lies with the Customer. If ICAEW receives any complaints about the content or nature of any Campaign or if we identify any issue not conforming to Section 8 above may, at our discretion, remove the Campaign from the Website without reference or liability to you. You indemnify ICAEW against any claim that the Campaign or its content 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 Training Vacancies comply with the Conduct of Agencies and Employment Businesses Regulations 2003 and you further indemnify ICAEW from and against all liability in respect thereof.
11.1 These Terms and Conditions constitutes the entire agreement between the parties and supersede and extinguish all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
11.2 Each person (Candidate, Employer or Recruiter) acknowledges that in entering into the agreement with ICAEW under these Terms and Conditions it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms and Conditions.
11.3 Each person (Candidate, Employer or Recruiter) agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms and Conditions or on the Website.
11.4 Nothing in this clause shall limit or exclude any liability for fraud.
11.5 If any provision or part-provision of these Terms and Conditions is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms and Conditions.
© ICAEW, 2014 – All Rights Reserved.