The Friday Pint Terms and Conditions

These Terms and Conditions can be downloaded as two PDF documents as follows:

Terms of Use of Web Site including Discussion Forum

1 - Introduction

Please read these Terms and Conditions (“Terms”) carefully before using this website (“our Site”) operated by The Friday Pint Ltd (“The Friday Pint”). In particular, we draw your attention to paragraphs 2 (Accuracy of Information and Disclaimers) and 6 (Liability).

Without prejudice to the above, by using or accessing our Site, you agree to be legally bound by these Terms and Conditions of use as they apply to your use of or access to our Site and also to the content of all emails sent by us to any visitor to the site whether registered or not.

If you do not wish to be bound by these Terms and Conditions then you may not use our Site.

In these terms:

“Content” means anything either sent to us which is capable of being posted on the Website or anything that you cause to be posted on or linked to the Website;

“Media Sales” means work in the field of sales of advertising, events and information including support staff and internal human resources departments but excluding all outside organisations and persons involved in recruitment and placement of personnel;

“provide” means to send to us in any written or electronic form or to cause or facilitate Content to be posted on the Website;

“our Site” means the website at www.thefridaypint.com and such other website as TheFriday Pint shall designate.

2 - Accuracy of Information and Disclaimer

It is your duty to ensure that information contained in any Content provided by you is accurate and does not breach any third parties’ rights including trade mark, database right, copyright or other intellectual property rights nor is libellous, obscene, menacing, threatening, offensive, abusive, fraudulent, criminal or infringes the rights of other people (including but without limitation privacy rights) or is in any way illegal or unlawful. Bear in mind the Content will be published on our Site and can be viewed world-wide.

Only persons employed in the field of Media Sales may register for use of the “Members Only” areas of our Site and the discussion forum and The Friday Pint reserves the right to verify the identity of any applicant for membership of our Site and any information you provide to us may be used to do so. The Friday Pint reserves the right without prior notice to refuse or terminate any registration without notice that is deemed not to be genuine following such verification.

The Friday Pint may from time to time make offers to encourage use or registration on the Website and such offers are subject to change without notice. The Friday Pint reserves the right to verify the identity of any individual before agreeing to that individual’s participation in any offers.

It is your responsibility to verify, independently, any Content before this is provided to us.

We try to ensure that all Content on our Site is accurate but if you find any inaccuracies let us know at hello@thefridaypint.com and we will correct it as soon as is practicable, if we agree.

We make no representations or warranties that Content or other information appearing on our Site is accurate, up to date or complete and any liability for loss or damage caused by anything inaccurate, misleading or incomplete appearing upon our Site (which, in particular, may contain statistical data which may have inaccuracies or errors in it) is excluded to the fullest extent that such liabilities can be excluded by law.

We do not accept any Content relating to the sale of services and if any such information should appear upon our Site it is entirely the responsibility of the party posting such information to comply with all applicable laws in relation to any related sale and such party, by posting such information agrees to indemnify us in full against any claim or liability arising in connection therewith.

Any views expressed in Content or other material on the Site are not necessarily those of The Friday Pint or anyone connected with The Friday Pint.

3 - Posting of Information on our Site

Content sent to us anonymously is not accepted.

Copies must be retained of all Content and other information you send to us electronically, through our Site or otherwise.

By sending us Content you waive your moral rights to be identified as author of it and also give us licence to modify such information. It may, for example, be necessary to condense the Content or otherwise alter it to fit our Site.

If you have any specific requirements as to the use to which we can put the Content this must be stated in advance to hello@thefridaypint.com and we have the right to reject it.

We will assume that any Content received is for publication on our Site and such other use, as The Friday Pint in its absolute discretion may deem fit upon an exclusive or non-exclusive, royalty free, perpetual basis.

We reserve the absolute right at our sole discretion to reject or to remove any Content from our Site.

4 - Copyright, etc and Linked Sites

The contents of our Site are protected by copyright laws, international treaties and other intellectual property rights. The owner of these rights is The Friday Pint or other third party licensors.

All product and company names and logos mentioned in our Site are the trade marks, service marks or trading names of their respective owners, including The Friday Pint. You may download material from our Site for the sole purpose of retaining copies for your own personal use alone. However, you may not modify, copy, reproduce, republish, upload, post, transmit or distribute, by any means or in any manner, any material or information on or downloaded from our Site including but not limited to text, graphics, video, messages, code and/or software without our prior written consent, except where expressly invited to do so, for example in order to complete any test or questionnaire.

“The Friday Pint” and our logos on our Site are trade names of The Friday Pint. You may not use those names without our consent.

Any hypertext links to other websites, which appear on our Site, are operated by third parties and use of such a link means you are leaving our Site. We are not responsible for, and give no warranties, guarantees or representations in respect of linked sites or information upon them.

5 - Use of Discussion Forum

As a user of our Site, you are requested to contribute to our discussion forum, subject to your complying with these Terms and Conditions.

We would remind you of the restrictions placed on all Content which may be provided, which are set out in paragraphs 2 and 3 above, particularly those relating to inaccurate information and libel. You will be liable for any consequences of not observing this restriction and you are obliged to indemnify us against any breach.

Conversely, if you see any information posted by a third party which contravenes the conditions set out in paragraphs 2 and 3, please let us know as soon as possible at hello@thefridaypint.com and we shall, if we agree, endeavour to remove it as soon as practicable.

Let us have your suggestions for new topics at hello@thefridaypint.com and if we agree that their inclusion would be useful we may do so but do not guarantee that this will be done.

We reserve the right, at our entire discretion, to remove any matter provided to or posted on our discussion forum.

6 - Our Liability

We provide all information on our Site free of any access charge. The information provided on our Site is provided on the basis (without prejudice to any other provisions of these Terms) that we accept no liability for any of the information shown there.

We shall not under any circumstances be liable for any indirect or consequential loss, loss of profit, revenue or goodwill arising from:

- your use of our Site or from information on the Site
- any unavailability of the Site for any reason whatsoever

The one exception to this disclaimer of liability is where we have not used our reasonable skill and care in the provision of the services which we offer and in any such case the damages for which we are liable will be limited to the cost of a single job advertisement at our current list price on each occasion.

We accept liability for death or personal injury caused by negligence and responsibility for fraudulent misrepresentation that cannot, under English law, be excluded. Apart from this foregoing all warranties, guarantees or benefits implied by law are excluded to the fullest extent possible.

If any agreements or arrangements are made by you with any third party as a result of your use of our Site, this will be entirely at your own risk.

7 - Barring from the Site

In addition to our right to remove information from our Site we reserve the right to bar users from our Site, on a permanent or temporary basis at our discretion. We will notify any user whom we bar and they must not then attempt to use our Site under any other name or through any other user.

8 - Legal Jurisdiction and Dispute Resolution

English law shall apply to these terms, notwithstanding the jurisdiction where you are based. You irrevocably agree that the courts of England shall have exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and for those purposes irrevocably submit all disputes to the jurisdiction of the English courts. The place of performance shall be deemed to be England.

No warranty or guarantee that our Site or information available over it complies with any laws other than those of England.

9 - General

Any formal legal notices should be sent to us at the address at the end of these Terms by email confirmed by post.

Failure by us to enforce a right does not result in waiver of such right.

If any provision of these terms and conditions is unenforceable or unlawful then they shall be construed as if such provision had been omitted and the enforceability or legality of the remaining terms shall be unaffected.

You may not assign or transfer your rights under this agreement.

We may amend these Terms at any time by posting a variation on our Site.

10 - Further Information

Further information on these conditions or any queries on them can be obtained by emailing hello@thefridaypint.com.

The Friday Pint Limited is a company registered in England, registered company number 5909439, registered office at 17 Hexham Road, West Norwood, London SE27 9EF

STANDARD TERMS AND CONDITIONS FOR ADVERTISEMENT SITE

These conditions apply in addition to the general Terms of Use when the Website is used for advertisement of positions vacant and wanted. In case of any conflict between these conditions and the Terms of Use, these conditions shall prevail.

In these Standard Terms and Conditions (“Conditions”): -

“the Act” means the Employment Agents Act 1973

“Advertiser” means a person use the Website to place an Advert

“Advertiser’s Details” means the details posted by the Advertiser

“Advert” means the advertisment produced by the Company for the Advertiser to include the Advertiser’s Details and the Vacancy Details in the Standard Format

“Business Days” means a day when the banks in the City of London are open for business

“Company” means The Friday Pint Ltd (company number: 5909439)

“Contract” means the agreement between the Advertiser and the Company formed by the use of the Website and these Conditions

“Job Credit” means a unit purchased by the Advertiser representing 30 days of advertising of one Vacancy on the Website

“Effective Date” means the date of the Advert first being posted on the Website

“Fee” means the company’s charges as detailed on the Website

“Losses” means any liability, claim, loss (including loss of profit), expense or damage both direct and indirect

“Posting” means the information submitted by the Advertiser to the Company through the Website and “Post” and “Posted” shall be construed accordingly

“Special Offer” means any offers made by the Company from time to time of discounts on the Fees

“Standard Format” means the format of the Advert as determined by the Company from time to timeincorporating the Advertisers' details and the Vacancy Details

“Vacancy” means the position for which the Advertiser is recruiting

“Vacancy Details” means the details of the Vacancy

“Website” means the website at www.thefridaypint.com or such other website as the Company shall decide, where the Advert will be posted

1 - COMMENCEMENT AND BASIS OF AGREEMENT

1.1 - On payment by the Advertiser of the Fee in accordance with Condition 3 the Company shall allot the appropriate number of Job Credits to the Advertiser

1.2 - No variation to these Conditions shall be binding unless agreed in writing by the Company

1.3 - The Company's employees or agents are not authorised to make any representations concerning the Website unless confirmed by the Company in writing and in entering into the Contract the Advertiser acknowledges that it does not rely on any such representations

1.4 - Paragraph headings shall be ignored in interpretation

2 - ORDERS AND SPECIFICATIONS

2.1 - The Advertiser shall be responsible to the Company for ensuring the accuracy of the Advertiser’s Details and Vacancy Details as set out on the Company’s Standard Order Form submitted by the Advertiser, and for giving the Company any necessary information relating to the Advert within a sufficient time to enable the Company to perform the Contract in accordance with its terms

2.2 - The Advertiser shall indemnify the Company against all Losses incurred by the Company in connection with or paid or agreed to be paid by the Company in settlement of any claim for defamation or infringement of any patent, copyright, design, trade mark or other intellectual property rights of any other person which results from the Company's use of the Advertiser's specification for the Advert

2.3 - The Advertiser shall ensure that the information given in the Order is completely lawful. The Advertiser should pay particular attention to all anti-discrimination legislation including but not limited to the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995 and the Age Discrimination Act 2006 and the Advertiser shall indemnify the Company against any Losses incurred by the Company in connection with a claim by any third party that the content of the Advert is in any way unlawful

2.4 - Use of the Website by any person who falls within the definition of an employment agency or an employment business as defined in the Act (“Agent”) is not permitted but in the case of such use:

2.4.1 - the Advertiser shall comply with all provisions of that Act and any secondary legislation bought in to force under the Act including but not limited to the Employment Agencies and Employment Business Regulations 2003 and the Advertiser shall indemnify the Company for any Losses incurred by the Company pursuant to the Act or any other legislation; and

2.4.2 - the Advertiser will indemnify the Company against all Losses suffered by the Company as a result of such use including (but not by way of limitation) all loss of rights present and future suffered as a result of use of the Website and Agent

2.5 - Without prejudice to Conditions 2.6 and 7 the Company reserves the right to make any changes in the specification of the Advert which are required to conform with any applicable legal requirements. If any variation in the Advert or the Contract terms is agreed or is required for compliance with any applicable law, regulation or safety recommendation, the Advertiser shall pay such additional amount as is fair and reasonable and the Company shall have reasonable additional time to perform the Contract

2.6 - It shall be the responsibility of the Advertiser to edit, remove or terminate any of its Adverts and to update the Advertisers details by following the instructions of the Website

2.7 - Subject to Condition 2.8 one Job Credit purchased by the Advertiser will be deducted for every 30 day period, or part thereof, that each Advert is posted on the Website

2.8 - No Job Credits will be deducted if the Advertiser notifies the Company within one Business Day of the Effective Date that the Vacancy Details therein are incorrect or the Vacancy has been filled within that time provided that the Advertiser removes the Advert within that timescale in accordance with condition 2.6

2.9 - The Advertiser may request a maximum of 3 Job Credits in relation to any one Advert at any one time

2.10 - Job Credits shall remain valid until such time as they are used by the Advertiser by requesting that the Company post an Advert on the Website and the 30 day period applicable for each Job Credit shall commence from the relevant Effective Date

3 - TERMS OF PAYMENT

3.1 - Full payment of the Fee shall be made on or before the date upon which the Posting is made Date and without any withholding, deduction, set-off, counterclaim or cross demand (whether in respect of the Contract or any other matter whatsoever)

3.2 - The Company shall from time to time advertise Special Offers and the Fee shall be varied strictly in accordance with the terms of the Special Offer or stated in the Order

3.3 - The time of payment of the price shall be of the essence of the contract

4 - THE COMPANY’S OBLIGATIONS

The Company shall allow the Advert and the Posting to be placed on the Website by the Advertiser for the number of days as represented by the number of Job Credits purchased but unused by the Advertiser

5 - EXCLUSION OF LIABILITY

5.1 - If the Advert is not accessible on the Website in compliance with the Contract its liability shall be limited to the amendment of the Advert or if this is not possible, to refunding any monies paid in respect of the relevant Advert, in each case. Without limiting the foregoing the Company shall not be liable for any lost or anticipated profits or savings or any special incidental or consequential losses or damages (including without limitation loss of data, loss of revenue, profit or goodwill, business interruption, management costs or third party liability). The total liability of the Company in respect of the Contract shall be limited to the total amount paid by the Advertiser under this Contract

5.2 - Under no circumstance shall be liable for any Losses incurred as a result of any malfunction of the worldwide web or any server or other item of hardware not directly under its control

5.3 - Liability for death or personal injury caused by the negligence of the Company, its servants, or agents or for fraudulent misrepresentation is not hereby purported to be excluded or limited

5.4 - No statutory or other warranty, condition or representation of any kind whatsoever (including without limitation any relating to satisfactory quality, suitability or fitness for any purpose of the Advertiser) is given or to be implied. The only warranties, conditions or representations made are those expressly stated to be such and contained within the Contract documents

6 - TERMINATION OF CONTRACT

The Company shall be entitled to terminate the Contract forthwith by notice in writing to the Advertiser if the Advertiser fails to remedy any breach or non-performance within fourteen days of notice from the Company so to do

7 - RIGHT OF REFUSAL

7.1 - The Company may at any time refuse to provide any services which it considers may be illegal or defamatory or might infringe any third party’s rights or create any criminal or civil liability or otherwise bring the Company into disrepute in the minds of right thinking people

7.2 - If any claim is made or action brought against the Company concerning the Advert (and whether settled, litigated, discontinued or otherwise dealt with by the Company) and the Company thereby incurs any cost, loss, liability or penalty of any kind the Advertiser shall upon demand pay to the Company on a full indemnity basis the full amount of such cost, loss, liability, expense or penalty without enquiry, deduction, withholding, set-off, counterclaim or cross demand (whether in respect of the Contract or any related contract)

7.3 - The Advertiser agrees that the Company may include the Advert, the Contract and the Advertiser’s name and marks in its promotional material

8 - INTELLECTUAL PROPERTY AND CONFIDENTIALITY

The Company retains ownership of all inventions, designs, copyrights and processes relevant to the Advert and not provided by the Advertiser. Copyright exists in all documents, designs, programs, or other material issued by or on behalf of the Company, which the Advertiser shall keep confidential and not disclose or use the same (other than for the particular purpose for which it was disclosed) for his or another’s benefit without the Company’s prior written consent

9 - FORCE MAJEURE

The Company shall not be liable for any failure to perform any or all of its obligations under the Contract by reason of any fire, flood or other Act of God, armed conflict, civil unrest, industrial action, system equipment or supply difficulties or failure, order of public authority, or any cause whatsoever beyond its control. In such circumstances the Company may terminate the Contract whereupon the Advertiser shall pay a sum equal to the costs to the Company to date of performing the Contract and the Company’s liability shall be limited to repayment of any sums paid for unperformed services, less such costs

10 - WAIVERS AND ASSIGNMENT

The Company’s rights shall not be prejudiced by any indulgence, forbearance or previous waiver extended to the Advertiser. The Advertiser shall not assign, charge, or otherwise dispose of any Contract or any of its rights thereunder without the Company’s prior written consent

11 - NOTICES AND COMMUNICATIONS

All notices or other communications under a Contract shall be in writing in English addressed to the addressee’s registered office or in the case of the Company the address shown below, (or other address notified to the other party) and shall be sent by hand (and thereby be deemed served when properly left at such address) or by first class pre-paid post (and thereby be deemed served 48 hours after posting):

The Friday Print Ltd
17 Hexham Road
London SE27 9EF

12 - APPLICABLE LAW

The Contract shall be governed and construed in accordance with English law and the Advertiser irrevocably submits to the exclusive jurisdiction of the courts of England

13 - THIRD PARTY RIGHTS

No person who is not a party to the Contract shall have any right under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract but this does not affect any right or remedy which is available apart from that Act

The Friday Pint Ltd is a company registered in England and Wales with company number: 5909439
VAT number: 888 3277 65