Terms & Conditions of Membership & Sale
1DEFINITIONS
1.1"Buyer" means the individual or organisation who buys or agrees to buy the Services from the Supplier;
1.2"Consumer" shall have the meaning ascribed in section 12 of the Unfair Contract Terms Act 1977;
1.3"Contract" means the contract between the Supplier and the Buyer for the provision of Services incorporating these Terms and Conditions;
1.4"Services" means the services that the Buyer agrees to buy from the Supplier;
1.5"Supplier" means Upmymountain.com of 5/278 Longshaw Street, Warrington, Cheshire, England, United Kingdom, WA5 0JL that owns and operates the website www.workthemountain.com;
1.6"Terms and Conditions" means the terms and conditions for the provision of Services set out in this agreement and any special terms and conditions agreed in writing by the Supplier;
1.7"Member" means an individual or organisation who uses the advertising services of www.workthemountain.com;
1.8"Website" means www.workthemountain.com;
1.9"Work The Mountain" means the Supplier trading as Work the Mountain;
1.10"Employer Member" means a Member who has registered on the Website for the purpose of advertising a job and recruiting staff;
1.11"Applicant Member" means a Member who has registered on the Website for the purpose of finding a job;
1.12Words denoting the singular shall include the plural and vice versa and words denoting any gender shall include all genders;
1.13The headings of the paragraphs of these Terms and Conditions are inserted for convenience of reference only and are not intended to be part of or to affect the meaning or interpretation of this Agreement;
2CONDITIONS
2.1Nothing in these Terms and Conditions shall affect the Buyer’s statutory rights as a Consumer.
2.2These Terms and Conditions shall apply to all contracts for the provision of Services by the Supplier to the Buyer and shall prevail over any other documentation or communication from the Buyer.
2.3Any variation to these Terms and Conditions (including any special terms and conditions agreed between the parties) shall be inapplicable unless agreed in writing by the Supplier.
2.4Any complaints should be addressed to the Supplier's address stated in clause 1.5.
2.5Any special conditions applying to the provision of the Services are set out in the Schedule to this agreement
3ORDERING
3.1All orders for Services shall be deemed to be an offer by the Buyer to purchase Services pursuant to these Terms and Conditions and are subject to acceptance by the Supplier. The Supplier may choose not to accept an order for any reason.
3.2When making an order through the Website, the technical steps the Buyer needs to take to complete the order process are described within the Applicants and Employers sections of the Website.
4THE SERVICES
4.1Work The Mountain will provide Employer Members with the following Services;
4.1.1Listing of the Employer Members advert details in a form to be decided by the Supplier.
4.1.2information for the Employer Member displayed on their adverts.
4.1.3Insertion of up to 4 photographs for each Employer Member.
4.1.4Insertion of 1 company logo for each Employer Member.
4.1.5Un amendments to Employer Members adverts, excluding Position Titles.
4.2Work The Mountain will provide Applicant Members with the following Services;
4.2.1Listing of the Applicant Members advert details in a form to be decided by the Supplier.
4.2.2Insertion of 1 photograph for each Applicant Member.
5PRICE AND PAYMENT
5.1The price of the Services shall be that stipulated on the Website.
5.2The total purchase price, including VAT, if any, will be displayed in the Buyer’s shopping cart prior to confirming the order.
5.3After the order is received the Supplier shall confirm by email the details, description and price for the Services together with information on the right to cancel if the Buyer is a Consumer.
5.4Payment of the price plus VAT, if applicable, must be made immediately. Payment must be made without deduction or set-off.
5.5Where applicable, if any payment is not paid on time or any payment is rejected or refused, the amount owing will be treated as overdue and the Supplier will be entitled immediately to cease or suspend the provision of the relevant Service until payment has been received.
6SPECIAL OFFERS
6.1From time to time Work The Mountain may publicise special offers and discounted rates for the services we offer. All such offers are subject to the terms and conditions set out in this agreement as well as any additional terms and conditions specific to each offer.
6.2We have the right to remove or change any publicised special offer at any time without prior notice.
7PERFORMANCE
7.1The Supplier shall begin to perform the Services within 24 hours of receipt of payment.
7.2The Supplier shall perform the Services with reasonable skill and care. However, where applicable, the Supplier does not guarantee that the Services will be uninterrupted, secure or error-free or that any data generated, stored, transmitted or used via or in connection with the Services will be complete, accurate, secure, up to date, received or delivered correctly or at all. The Supplier may have to suspend the Services for repair, maintenance or improvement. If so, the Supplier will restore them as quickly as is reasonably possible.
8RIGHTS OF SUPPLIER
8.1The Supplier reserves the right to periodically update prices on the Website, which cannot be guaranteed for any period of time. The Supplier shall make every effort to ensure prices are correct at the point at which the Buyer places an order.
8.2The Supplier reserves the right to withdraw the Services from the Website at any time.
8.3The Supplier shall not be liable to anyone for withdrawing the Services from the Website or for refusing to process an order.
9MEMERSHIP
9.1Membership of Work The Mountain entitles the member to use the website’s services to upload and manage advertising campaigns.
9.2Member’s warrant they are the legal owner of the copyright to all materials submitted to Work The Mountain or that they have permission from the copyright owner to submit the materials to Work The Mountain. Work The Mountain cannot be held responsible for any infringement of copyright laws resulting from material supplied by members.
9.3Work The Mountain reserves the right to determine the final design, layout and functionality of all pages, advertisements, text and any other design of the Website.
9.4Work The Mountain reserves the right to edit, copy or amend the layouts, photographs and text supplied for use on the Website if it is considered necessary. Work The Mountain cannot be held responsible for any loss or damage resulting from the design or positioning of any supplied information or changes made to the photographs, graphics and text or any other information submitted by any Member.
9.5Members are responsible for keeping all information relating to their advertisements and availability accurate and up-to-date.
9.6Every effort will be made to reproduce faithfully all advertisements submitted, but Work The Mountain cannot be held responsible for any loss or damage or otherwise resulting from errors or omission.
9.7Work The Mountain does not warrant that the operation of the Website will be uninterrupted or error-free and in no event shall Work The Mountain be liable to any member for any special, consequential, incidental or indirect damages, including lost profits.
9.8An advertisement relates to a specific job or applicant. The job or applicant in an advertisement may not be substituted by another job or applicant.
9.9Each advertisement on the Website displays an individual job or - not examples of jobs or applicants. Only one job or applicant can appear on each advertisement. Work The Mountain reserves the right to amend the text or remove the advertisement, when more than one job or applicant is described in the advertisement.
9.10Members who violate the Terms and Conditions may have their membership terminated, revoked, services cancelled and their pages and materials, or portions thereof, suspended, deleted or removed without warning. Work The Mountain will not return removed materials to a Member. Work The Mountain is not responsible for any loss of data resulting from removal of Members material.
9.11Work The Mountain suggests all Members to maintain backup versions of their pages and materials to guard against losses of any kind. Work The Mountain is not responsible for any loss of data and/or files, nor is it required to return any data, resulting from Work The Mountains’ suspension or deletion of data and/or files, network or system outages, file corruption or for any other reason.
10CANCELLATION
10.1Where the Buyer is a Consumer, the Buyer has the right to cancel the Contract, by notice in writing, at any time before seven working days has passed from the day after the Contract was made. If, however, the Supplier starts to perform its side of the Contract with the agreement of the Buyer before the Buyer exercises this right to cancel, the right to cancel is lost.
10.2If a Buyer wishes to have their advertisement removed from the Internet before the end of their subscription period, this will be done, but no refunds will be paid.
10.3If a Buyer attempts to enter unsuitable material into the Work The Mountain on-line database, or persistently misuses the on-line systems, Work The Mountain reserves the right to remove the content from the Website. No refunds will be paid.
11LIMITATION OF LIABILITY
11.1Except as may be implied by law where the Buyer is dealing as a Consumer, in the event of any breach of these Terms and Conditions by the Supplier the remedies of the Buyer shall be to damages which shall in no circumstances exceed the price of the Services and the Supplier shall under no circumstances be liable for any indirect, incidental or consequential loss or damage whatever.
11.2Nothing in these Terms and Conditions shall exclude or limit the liability of the Supplier for death or personal injury resulting from the negligence of the Supplier or that of the Supplier’s agents or employees.
12WAIVER
12.1No waiver by the Supplier (whether express or implied) in enforcing any of its rights under this agreement shall prejudice its rights to do so in the future.
13FORCE MAJEURE
13.1The Supplier shall not be liable for any delay or failure to perform any of its obligations if the delay or failure results from events or circumstances outside its reasonable control, including but not to acts of God, strikes, lock outs, accidents, war, fire or failure of any communications, telecommunications or computer system, and the Supplier shall be entitled to a reasonable extension of its obligations.
14SEVERANCE
14.1If any term or provision of these Terms and Conditions is held invalid, illegal or unenforceable for any reason by any court of competent jurisdiction such provision shall be severed and the remainder of the provisions hereof shall continue in full force and effect as if these Terms and Conditions had been agreed with the invalid illegal or unenforceable provision eliminated.
15CHANGES TO TERMS AND CONDITIONS
15.1The Supplier shall be entitled to alter these Terms and Conditions at any time but this right shall not affect the existing Terms and Conditions accepted by the Buyer upon making a purchase.
15.2Any renewal of the Services will be subject to the Supplier's then current Terms and Conditions.
16GOVERNING LAW AND JURISDICTION
16.1These Terms and Conditions shall be governed by and construed in accordance with the law of England and the parties hereby submit to the exclusive jurisdiction of the English courts.
SCHEDULE
Special Conditions
None