These are the terms and conditions (“Terms”) which apply to the use of the Websites (defined below) by You. The links below take You to the relevant sections.
1.1 Houdini Media Limited ("Houdini") operates a range of Websites that allows users to find jobs, courses and placements in the UK and abroad. These Terms create a contract between You and Houdini which regulate Your use of the Website - www.houdinimedia.net - and all other microsites which are operated by Houdini and linked from the Website from time to time. Please read these Terms carefully before using any of these Websites. Using the Websites indicates that You accept these Terms regardless of whether or not You choose to register with Us. If You do not accept these Terms then do not use any of the Websites and exit them immediately.
1.2 Throughout the Terms, unless the context otherwise requires, when We refer to:
1.2.1 "We", "Us" or "Our" etc, We are referring to Houdini;
1.2.2 "You", "Your" or "Yourself "etc, We are referring to the user of the Websites;
1.2.3 the "Website" We are referring to www.houdinimedia.net; and
1.2.4 the "Websites" We are referring to the Website and all other microsites which are operated by Houdini and linked from the Website from time to time.
1.3 We may update the Terms from time to time and if We do so any changes to the Terms will be effective from the date when they are posted on the Website. We will let You know about any changes that We do make by posting a message on Our homepage.
1.4 The Websites are directed at and intended for people accessing them from the UK and as We are based in Scotland the Websites have been prepared in compliance with Scots law. If You are accessing any of the Websites from a location outside the UK, You are responsible for complying with the laws which apply in Your local jurisdiction.
1.5 We may have to take the Websites off-line from time to time to carry out maintenance work. We give no warranty or assurance as to the availability of the Websites at any time.
1.6 If You have any questions about Our Terms then please let Us know by e-mailing [email protected]
2.1 Unless otherwise indicated on the Websites themselves, the contents of the Websites are copyright Houdini and its licensors. This includes, without limitation, all website design, text, graphics, photographs, software and underlying source codes and other material on the Websites. This means that You may not reproduce or distribute any part of the Websites or any of their content in any form, or by any means, for any commercial purpose without Our written consent. You can print or download the content of the Websites for Your own personal use but when You do this any material should contain an acknowledgment that it is copyright Houdini and its licensors. All intellectual property rights, such as copyright and trade marks, whether registered or unregistered are and remain Our property, unless otherwise stated. If You submit any material to Us to be used on the Websites, You grant Us a non-exclusive, royalty free licence to use, copy, modify, distribute that material in any form. This basically means that We have Your permission to use the material and copy, modify or distribute it. You also agree that, if We modify, adapt or improve the material which You provide, all copyright in the modified, adapted or improved work shall belong to Houdini.
3 The services
3.1 'Vacancy' refers to the sections of the Websites that lists all courses, placements and employment vacancies on the Houdini database. Only persons who are over the age of 18 may use Vacancy. By using Vacancy, You are confirming to Us that You are aged 18 or over. You are not required to pay Houdini for Your use of Vacancy. 'Interactive Service' is the area of the Website where users can communicate with other users and includes the 'forum and message boards'.
4.1 We provide information about job vacancies, courses and projects which is provided by external organisations for inclusion on the Websites. This information is published by Houdini in good faith on the basis of the information which We receive from the organisations in question, and is provided by Us without warranty of any kind, either express or implied. More generally, whilst We try to ensure that all other information and content on the Websites is accurate We provide no warranty of any kind, either express or implied.
4.2 Houdini is not a party to any contract which may arise between You and any organisation arising directly or indirectly from the use of the Websites and Houdini is not liable or otherwise responsible for any acts or omissions that may occur whilst You are engaged or employed by any such organisation as a result of using the Websites.
4.3 We do not warrant that the server providing the Websites is virus free or free from error or free from technical problems that may affect availability of the Websites. We simply provide this information "as is". We accept no responsibility for any loss or damage which may arise from reliance on information or advice contained in this Website, or from Your inability to access the Website, except where the loss or damage arises as a result of Our negligence in which case Our liability to You shall be limited to £10 or the cost of Your subscription, whichever is the greater.
4.4 We will not be liable to You or any third party for any indirect or consequential loss or damage, (whether for loss of profit, loss of business, depletion of goodwill, loss of data, interruption of use, unavailability of data or otherwise), costs, expenses or other claims for indirect or consequential compensation whatsoever howsoever caused (whether arising out of any negligence or breach of these Terms or otherwise).
4.5 Houdini will also not be liable for any failure to perform of its obligations under these Terms caused by matters beyond its reasonable control.
4.6 You agree to indemnify Us against all liabilities, claims and expenses that may arise from any breach of these Terms by You.
5.1 The Websites may contain links to other websites. These websites appear on the Websites for information purposes only. We do not endorse these websites or their content. These Terms only apply to the Websites and do not extend to linked websites which You may visit. Please exercise care when visiting linked websites and note that We cannot accept any liability for the linked websites and/or their content. If You think any linked websites are offensive, illegal or otherwise inappropriate You should stop using them and please let Us know by sending an e-mail to [email protected].
6.1 We reserve the right to assign Our rights and obligations under these Terms, and to subcontract any or of Our obligations under them.
7.1 These Terms and the contract that they create are governed by and shall be construed in accordance with the law of Scotland and each of the parties submits to the exclusive jurisdiction of the courts of Scotland.
8 Company details
Our company information is as follows: Houdini Media Limited (SC247912) Registered office: 6 Burnbank, Carnock, Dunfermline, Fife KY12 9JF Address for correspondence: PO BOX 29132, Dunfermline, KY11 4YU
9 Application and general
9.2 We are committed to protecting and respecting Your privacy. Your privacy is really important to Us and any personal information which We obtain from You through Your use of the Websites will be processed in accordance with the following policy. It is important that You take the time to read this policy.
9.3 This policy together with the remainder of these Terms and any other documents referred to in these terms set out the basis on which any personal information We collect from You, or that You provide to Us, will be processed by Us. Please read the following carefully to understand Uur views and practices regarding Your personal information and how We will treat it. For the purpose of the Data Protection Act 1998 (the "Act"), the data controller for the Websites is Houdini (see paragraph 8 above for details).
10 Information We may collect from You
10.1 We may collect and process the following data about You:
10.1.1 Information that You provide by filling in forms on any of the Websites. This includes information provided at the time of registering to use the Websites, subscribing to Our service, posting material or requesting further services. We may also ask You for information when You enter a competition or promotion and when You report a problem with any of the Websites.
10.1.2 If You contact Us, We may keep a record of that correspondence.
10.1.3 We may also ask You to complete surveys that We use for research purposes, although You do not have to respond to them.
10.1.4 Details of transactions You carry out through the Websites and of the fulfilment of Your orders.
10.1.5 Details of Your visits to the Websites including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for Our own billing purposes or otherwise and the resources that You access.
11 IP addresses and cookies
11.1 We may collect information about Your computer, including where available Your IP address, operating system and browser type, for system administration and to report aggregate information to Our advertisers. This is statistical data about Our users' browsing actions and patterns, and does not identify any individual.
11.2 For the same reason, We may obtain information about Your general internet usage by using a cookie file which is stored on the hard drive of Your computer. Cookies contain information that is transferred to Your computer's hard drive. They help Us to improve the Websites and to deliver a better and more personalised service. They enable Us:
11.2.1 to estimate Our audience size and usage pattern.
11.2.2 to store information about Your preferences, and so allow Us to customise the Websites according to Your individual interests.
11.2.3 to speed up Your searches.
11.2.4 to recognise You when You return to the Websites.
12 Uses made of the information
12.1 We use information held about You in the following ways:
12.1.1 Where You have provided information to Us for a specific purpose, We may use that information for that purpose.
12.1.2 To ensure that content from the Websites is presented in the most effective manner for You and for Your computer.
12.1.3 To provide You with information, products or services that You request from Us or which We feel may interest You, where You have consented to be contacted for such purposes.
12.1.4 To carry out Our obligations arising from any contracts entered into between You and Us.
12.1.5 To allow You to participate in Interactive Services, when You choose to do so.
12.1.6 To notify You about changes to Our services.
12.1.7 We may also use Your data, or permit selected third parties to use Your data, to provide You with information about goods and services which may be of interest to You and We or they may contact You about these by post or telephone. If You are an existing customer, We will only contact You by electronic means (e-mail or SMS) where this is permitted by law and subject to paragraph 15.1.
13 Disclosure of Your information
13.1 We may disclose Your personal information within the Houdini group of companies.
13.2 We may disclose Your personal information
13.2.1 in the event that We sell any business or assets, in which case We may disclose Your personal information to the prospective buyer or buyers of such business or assets;
13.2.2 in order to comply with any legal obligation, or in order to enforce or apply Our Terms and other agreements; or to protect the rights, property, or safety of Houdini, Our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction;
13.2.3 to Our customers in the circumstances described in paragraph 12.2.
14 Where We store Your personal data
14.1 The data that We collect from You may be transferred to, and stored at, a destination outside the European Economic Area ("EEA").
15 Your rights
15.1 You have the right to ask Us not to process Your personal information for marketing purposes. We will usually inform You (before collecting Your information) if We intend to use Your information for such purposes or if We intend to disclose Your information to any third party for such purposes. You can exercise Your right to prevent such processing by checking certain boxes on the forms We use to collect Your data. You can also exercise the right at any time by contacting Us at [email protected].
15.2 The Websites may, from time to time, contain links to and from the websites of Our partner networks, advertisers and affiliates. If You follow a link to any of these websites, please note that these websites have their own privacy policies and that We do not accept any responsibility or liability for these policies. Please check these policies before You submit any personal data to these websites.
15.3 The Act gives You the right to access information held about You. Your right of access can be exercised in accordance with the act. Any access request may be subject to a fee of £10 to meet Our costs in providing You with details of the information We hold about You.
18 Terms of Membership
18.1 This Section contains specific terms that apply to the Interactive Services and the forums and messageboards that appear on the Websites. This Section applies in addition to the remainder of these Terms.
18.2 The Interactive Services may only be used by Members. A ‘Member’ is an individual who must be at least 18 years of age and who has registered with Us to use the Interactive Services. Members are able to:
18.2.1 access the interactive area of the Websites;
18.2.2 use the season workers reunion service;
18.2.3 post their names and other details on the Websites for others to view;
18.2.4 receive e-mails to their nominated account.
18.3 As part of the registration process for the Interactive 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.
18.4 You undertake to register for the Interactive Service using accurate and current information about Yourself – including Your correct name, address and any other requested details. You also undertake only to add Yourself to a location, resort or centre on the season workers reunion service which You attended during the period submitted.
19 No moderation of messageboards forums
19.1 We do not moderate the postings to forums and messageboards which includes third party forums or messageboards. We expect Members to behave responsibly when using forums and messageboards. We rely upon You and all users to notify Us at [email protected] if anything You see here which appears likely to breach these Terms.
20 Your responsibilities
20.1 You undertake when using the Interactive Services and the forums and messageboards to behave in an appropriate and respectful manner towards others. In particular, but without limitation, You may not behave in such a way as to:
20.1.1 be discriminatory, harassing or racially abusive in itself or towards others;
20.1.2 be defamatory towards any person or group;
20.1.3 be offensive, indecent, or obscene; and/or
20.1.4 constitute unlawful conduct or breach any applicable law, whether criminal, or otherwise.
20.2 You are responsible for ensuring that when using the Interactive Services and the forums and messageboards You do not infringe the intellectual property or other rights of any person or entity.
20.3 In the event that You view material on the Websites or receive a communication from a Member which You consider to be inappropriate and in breach of these Terms, please let Us know. Houdini shall be the sole judge of what does, and what does not, constitute inappropriate behaviour on the Websites.
20.4 We reserve the right:
20.4.1 to suspend or terminate any Member’s access to the Websites, or parts of it without giving any reason, and/or;
20.4.2 to edit, or require the Member to edit, material posted on the Websites, if the relevant Member or material appears to Us to be in breach of any provision of these Terms.
20.5 We are entitled to withdraw any material on the Websites which appears, whether based on information received from Members or others or Our own determination, to be capable of breaching any of these Terms, or to bring the Houdini into disrepute.
20.6 Any person whose access has been suspended or terminated must not re-register for, or re-access, the Interactive Service without Our prior consent.
20.7 You are responsible for everything which is done on or through the Interactive Service while Your Membership account is logged on to the Interactive Service, or through Your email address(es). You are personally responsible for keeping Your account details secure.
21.1 This section D applies to Advertisers purchasing advertising space from Us and operate in addition to the remainder of the Terms to the extent they are applicable.
21.2 The Advertiser wishes to purchase advertising space on a specified Website to which We have access and on which the We are permitted to sell advertising space to the Advertiser.
21.3 We agree to provide this Service to the Advertiser on the terms and subject to the conditions set out in this Agreement.
22 Operative provisions
In this section D of these terms the following words and phrases shall have the following meanings unless the context otherwise requires:
22.1.1 "Advertiser" means a person who has logged in to any of the Websites as an advertiser and who may purchase credits to enable them to post advertisements in accordance with the terms and conditions shown on such Websites;
22.1.2 "Advertising" means any job posting, advertising material, marketing or promotional material supplied by the Advertiser to Us for posting on any of Our Websites (including without limitation advertising banners being electronic advertising whose dimensions and delivery format are agreed) that are placed on pages of Our Websites, customised links and sponsorship logo display;
22.1.3 "Agreement" means the agreement for the purchase and supply of the Services;
22.1.4 "Fees" means the sum or sums that You will pay Us for the Services being the sum or sums set out in, or calculable by reference to, the "Advertising Rates" section available at www.houdinimedia.net or otherwise (as appropriate) the relevant Website on which the Advertising in question appears; (or the rates agreed with the client outside the published rates)
22.1.5 "Force Majeure Event" means any cause affecting the performance by Us of Our obligations under this Agreement arising from acts, events or omissions beyond Our reasonable control, including acts of God (whether by way of fire, flood, earthquake, storm or other extreme adverse weather conditions or natural disaster), war or other armed conflict, the imposition of sanctions, embargo or similar political or diplomatic actions, nuclear, chemical or biological contamination and acts or threats of terrorism, including without limitation where We cease to be entitled to access the Internet for whatever reason, server crashes, deletion, corruption, loss or removal of data, transportation embargo, failure or delay in transportation; and
22.1.6 "Services" means the services in respect of the Advertising, as described more fully on the relevant Websites.
23 The Services and obligations
23.1 In consideration of the payment of the Fees, We agree to perform the Services that You (as Advertiser) purchase from Us in accordance with the description set out in the relevant Website and the provisions of this Agreement. The Agreement shall apply to the provision of the Services to the exclusion of all other agreements and the Advertiser agrees that execution of this Agreement or the uploading of the Advertising on to Our Websites shall be deemed acceptance of the Agreement in full.
23.2 The Advertiser undertakes and warrants to Us that:
23.2.1 in relation to any Advertising the Advertiser enters into the Agreement as a principal notwithstanding that the Advertiser may be acting directly or indirectly for the person whose products or services are being advertised by Us;
23.2.2 the reproduction and/or publication of the Advertising by Us as originally submitted or as amended pursuant to clause 24 will not breach any agreement or infringe or violate any copyright, trade mark, or any other personal or property of any person or render Us liable to any proceedings whatsoever;
23.2.3 any information supplied by the Advertiser in connection with the provision of the Services is accurate, complete and true in all respects;
23.2.4 in respect of any Advertising which contains the name or pictorial representation (photographic or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified the Advertiser has obtained the authority of such living person to make use of such name, representation and/or copy;
23.2.5 the Advertising complies with the requirements of all relevant legislation (including subordinate legislation, the rules of statutory regulatory authorities and any law or regulations of the European Economic Community) for the time being in force or which may be applicable in such jurisdiction as the Advertising shall be made available;
23.2.6 the Advertising is legal, decent, honest and truthful and complies with the rules of Scottish national law and international codes and all other such relevant codes relating to advertising as may be appropriate and particularly;
23.2.7 the Advertising shall not contain any data, image or other material which:
18.104.22.168 is offensive, obscene or indecent, pornographic or is capable of being resolved into obscene or indecent images or material;
22.214.171.124 is defamatory, sexist, threatening or racially, ethnically or otherwise objectionable;
126.96.36.199 is designed or likely to cause annoyance, inconvenience, unwanted attention or needless anxiety to any other person;
188.8.131.52 is designed to or is likely to cause disruption to any computer system or to any network;
184.108.40.206 is illegal or is likely to induce an illegal act; and
23.3 The Advertiser shall provide to Us the Advertising in the format expressly specified (if any) by Us in the relevant Website or otherwise.
23.4 Where the Advertiser is an advertising agency it warrants that it is authorised by its client to place the Advertising with Us and the Advertiser will indemnify Us against any claim made by the Advertiser against Us arising from the publication of the advertising material.
23.5 We shall be entitled at any time without notifying the Advertiser to make changes to the Services which are necessary to comply with any applicable security or other statutory requirements and shall determine the manner in which the Services are provided.
23.6 All Advertising purchased must be used within 12 months of purchase or it is forfeited. For the avoidance of doubt there will be no refund and there will be no ability to carry forward any balance held in the Advertiser's account.
23.7 Only one job, course or placement can be referred to in each separate posting. We will delete any Advertisements contravening this and the Advertiser will lose the credits that they have added to the Advertiser's account.
24.1 shall upon receipt of the Fees perform the Services on the Websites subject to the provisions of the Agreement;
24.2 have the right and sole discretion to decline to publish or to omit, suspend or change the position of any Advertising accepted by Us;
24.3 may, without derogation from the warranties and obligations set out in clause 23 above refuse or require to be amended any artwork, materials or copy for or relating to an Advertising so as to comply with the legal or moral obligations placed upon Us or the Advertiser or to avoid infringing a third party’s rights or any statutory or regulatory requirements; and
24.4 reserve the right at any time during the Term to remove the Advertising from the Websites in the event that We consider the Advertising breaches any applicable laws or the rights of any third party or is prejudicial to Our interests and Our business.
25.1 Neither party excludes or limits its liability to the other for death or personal injury resulting from the proven negligence of either party, its employees or agents.
25.2 We accept no responsibility for any mistakes or errors whatsoever that arise during the course of publication of any Advertising and will not be liable for any loss of copy, artwork, photographs, data or other materials which the Advertiser supplies to Us and the Advertiser shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require.
25.3 In no event shall We be liable to the Advertiser whether arising under this Agreement or in delict (including negligence or breach of statutory duty), misrepresentation or however arising, for any Consequential Loss. For the purposes of this Agreement ‘Consequential Loss’ shall for these purposes mean (i) pure economic loss (ii) losses incurred by any client of the Advertiser or other third party (iii) loss of profits (whether categorised as direct or indirect) (iv) losses arising from business interruption (v) loss of business revenue, goodwill, anticipated savings (vi) losses whether or not occurring in the normal course of business, wasted management or staff time (vii) loss or corruption of data.
25.4 Subject to clauses 25.1, 25.2 and 25.3, Our total liability (whether in contract, delict or otherwise) under or in connection with this Agreement or based on any claim for indemnity or contribution shall not exceed the sum equal to the total Fees (excluding any VAT, duty, sales or similar taxes) actually paid or payable by the Advertiser to the Us during the preceding twelve (12) month period or, if the duration of the Agreement has been less than twelve (12) months, such shorter period, as applicable.
26 Fees and Payment provisions
26.1 In return for the provision by Us of the Services in accordance with this Agreement You will pay Us the appropriate Fees in advance.
27 Intellectual property
27.1 Except as provided elsewhere in these Terms (of which this Agreement is part), We retain all right, title and interest in and to the content of Our Websites, including without limitation copyrights, trademarks and other intellectual property rights.
27.2 The Advertiser retains all rights, title and interest in and to the Advertising, including without limitation copyrights, trademarks, database rights and other intellectual property rights.
27.3 Any ideas concepts know-how or techniques developed by Us or obtained during the execution of the Services will be owned exclusively by Us .
28 Advertiser responsibility
28.1 It is the responsibility of the Advertiser to check the accuracy of the Advertising and, without prejudice to the provisions of clause 25 , We assume no responsibility for the repetition of an error in an Advertising.
28.2 For the purpose and duration of the Advertising the Advertiser grants to Us a royalty-free non-exclusive licence to use, publish and reproduce the Advertiser’s name, logo, trade marks and brands to the extent necessary to enable Us to comply with its obligations under the Agreement.
29 Term and termination
29.1 Subject to the provisions of clauses 2 and 28.2 the Advertising shall be included in Our Websites for the period for which the Fees have been paid or as otherwise expressly agreed by Us .
29.2 We may terminate this Agreement by notice in writing to the Advertiser in the event that:
29.2.1 the Advertiser fails to pay any amount to Us due under this Agreement on the due date and does not make that payment within seven (7) days after receiving notice requiring the Advertiser to do so;
29.2.2 the Advertiser fails to perform any of the obligations on its part to be observed or performed pursuant to this Agreement and such failure is not remedied by the Advertiser within fourteen (14) days after receipt by it of a notice in writing requiring the default to be remedied; or
29.2.3 any of the warranties or representations made by the Advertiser contained in this Agreement are false or inaccurate in any material way; or
29.2.4 the Advertising breaches any applicable laws or the rights of any third party or is prejudicial to Our interests .
30.1 The Advertiser undertakes to Us that the Advertiser will, without prejudice to any other right of action which We may have, at all times keep Us fully and effectively indemnified against any liability (which liability shall include, without limitation, all losses, costs, claims, demands, actions, damages, legal and other professional fees and expenses on a full indemnity basis) which We may suffer or incur as a result of
30.1.1 the display of any of its Advertising on any of Our Websites;
30.1.2 the infringement by its Advertising of any intellectual property rights of any third party;
30.1.3 any breach of warranty or undertaking in clause 23.2 of this Agreement; and/or
30.1.4 any other breach or non-fulfilment of any of the Advertiser’s obligations in respect of the Agreement.
31 Data protection
Each party undertakes to comply with its obligations under the Data Protection Act 1998 and related regulations. Each party shall promptly notify the other of any breach of any of its obligations under the Data Protection Act 1998 and/or related regulations.
32 Third parties
Nothing contained in this Agreement or in any instrument or document executed by any party in connection with the Services is intended to be enforceable by any third party or parties.
33 Force majeure
If We are subject to a Force Majeure Event We will not be in breach of this Agreement or liable for any failure or delay in the performance of any obligations under this Agreement provided that:
33.1 We notify You in writing of the nature and extent of the Force Majeure Event causing Our failure or delay in performance;
33.2 We have used all reasonable endeavours to mitigate the effect of the Force Majeure Event and to carry out Our obligations under this Agreement in any way that is reasonably practicable and to resume the performance of Our obligations as soon as reasonably possible.