TERMS AND CONDITIONS
Liquidity Finder Limited, incorporated and registered in England and Wales with company number 10610740 whose registered office is at Office 3.05, 1 King Street, London, England, EC2V 8AU (“We”, “Us” or “Liquidity Finder”) is the owner of www.liquidityfinder.com (the “Site”).
Liquidity Finder provides a web and mobile platform on the Site which allows employers and recruitment agencies to post Job Listings.
You, i.e. the Advertiser, must create an account in order to post Job Listings on the Site and in doing so you agree that these terms will govern the contractual relationship between Liquidity Finder and the Advertiser in relation to the posting of Job Listings.
1. Posting a Job Listing
1.1 To post a Job Listing on the Site you must submit the details of the Job Listing to Liquidity Finder, via such method as may be determined by Liquidity Finder from time to time.
1.2 We reserve the right to review the content of any Job Listing before it is posted on the Site and reject it at our discretion (in which case any Fees already paid in respect of such Job Listing will be refunded).
1.3 We make no guarantee that a Job Listing will be posted on the same day it is submitted with us. If you submit a Job Listing with us on a weekend it will not be posted on the Site until the following week.
1.4 Unless we agree with you expressly to the contrary in writing, once a Job Listing is posted it will remain on the Site for 2 months from the date it is posted. If you wish to renew a Job Listing then you must contact us in advance to confirm renewal and pay any applicable outstanding Fees, otherwise we may remove it from
the Site.
1.5 If you wish to remove a Job Listing from the Site you must inform us immediately and we will use reasonable endeavours to remove it as soon as possible. Any cancelation of a Job Listing shall be without prejudice to your obligation to pay any fees or charges owed to Liquidity Finder which will remain due in full.
1.6 From time to time we may amend the methods by which applicants can search for and view Job Listings on the Site.
2. Content of a Job Listing
2.1 Only one individual job, role or vacancy may be advertised per Job Listing but multiple Job Listings can be posted for different jobs, roles or vacancies.
2.2 We reserve the right to make changes to the content of Job Listings for technical, grammatical or aesthetic purposes, or if we are made aware of any offensive or illegal content, without further reference to you. Liquidity Finder will use reasonable endeavours to maintain high standards of visual presentation for each Job Listing.
2.3 You may submit reasonable requests to amend a Job Listing after it has been posted on the Site but any amendments will be processed at our sole discretion and may be refused.
2.4 The Advertiser is solely responsible for ensuring the accuracy and legality of all Job Listings and ensuring that all text, images and other materials supplied for a Job Listing and the Job Listing itself complies with all relevant legislation and codes of conduct, does not infringe intellectual property of third parties and is not defamatory or otherwise indecent (notwithstanding any editing of the Job Listing which we may undertake) and you agree to indemnify Liquidity Finder for any breach of this clause unless such breach was caused by Liquidity Finder’s breach of these terms, gross negligence, fraud or wilful misconduct.
3. Payment of Fees
3.1 In most cases our Fees are due for payment in advance. If applicable, Liquidity Finder shall invoice the Advertiser for any Fees which are outstanding, plus any applicable VAT, and such invoices will be payable within 28 days.
3.3 The Fees due may also be amended by agreement between us from time to time, for example in the case of certain offers, promotions or discounts for bulk Job Listing packages. Introductory or Trial Periods may also be agreed at our discretion.
3.4 All sums payable under these terms are, unless otherwise stated or agreed, exclusive of value added tax or other applicable sales tax, which shall be added to the sum in question and shall be paid in full without any deductions for tax or otherwise.
3.5 Once a Job Listing is posted on the Site the Fee in respect of the Job Listing is non-refundable.
4. Obligations
4.1 Job Listings may only be requested for legitimate employment opportunities and when an applicant contacts you in response to a Job Listing you agree that you will promptly acknowledge and then respond substantively to the applicant in a reasonable, prompt, responsible and friendly manner.
4.2 You acknowledge that we do not carry out any form of employment or recruitment business or agency function and we are under no obligation to promote you or your vacancies, or assist you in engaging new staff, save for the posting of Job Listings which you have paid for. Further we make no guarantee as to the number and quality of the job applications you will receive by using our service.
4.3 We cannot guarantee the Site will be available at all times or be error free but we will use reasonable endeavours to maintain our service wherever possible. From time to time it may also be necessary to suspend the Site for a period of time and any such interruptions shall not constitute a breach by us of these terms and we shall not incur any liability in respect of this.
4.4 You shall not use our confidential information for any purpose other than to perform your obligations under these terms.
5. Duration and Termination
5.1 These terms shall commence on the date you accept them when creating an account with us. These terms shall then continue unless terminated earlier in accordance with this clause.
5.2 Liquidity Finder may at any time suspend or remove your Job Listings on the Site, or terminate its contractual agreement with you, without liability, if any fees owed by you to Liquidity Finder are outstanding or withdrawn, you are otherwise in breach of these terms, or if we have reasonable grounds to believe that the Site is being misused by you or any individual associated with you and/or your organisation.
5.3 Termination of these terms shall not affect any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination.
6. Liability
6.1 Under these terms and in providing our service to you we will not be liable a) for any pure economic loss or b) for any indirect loss or c) for any consequential loss, such as lost data, lost profit, loss of anticipated savings, business interruption or lost reputation.
6.2 Our liability under these terms will be limited to the amounts paid or payable by you under these terms for Liquidity Finder’s job listing services in the 12 months up to the date of the relevant claim.
6.3 In the event of a dispute between the Advertiser and any applicant arising from the use of our service you agree to pursue such claim or action independently of Liquidity Finder, and you release Liquidity Finder from all claims, liability and damages arising from any such dispute.
6.4 We will not be liable for failure to meet our obligations under these terms if we are prevented from doing so due to circumstances beyond our reasonable control.
7. Intellectual Property
7.1 The Site contains confidential information and proprietary intellectual property rights. All such rights including copyright, trade marks, patents and other rights in the Site are the exclusive property of Liquidity Finder and its licensors.
7.2 By accepting these terms you grant Liquidity Finder a non-exclusive, royalty-free licence to reproduce and display the content of your Job Listings on the Site, on a worldwide basis.
7.3 Subject to your prior written consent Liquidity Finder may reproduce your name, logo or trade marks on the Site and in marketing material, separate from your Job Listings. You may withdraw this consent by writing to: admin@liquidityfinder.com.
8. Data Protection
8.1 The terms “personal data”, “data subject”, “controller" and “process” (and its derivatives) shall have the meanings given to them in the Data Protection Legislation.
8.2 Liquidity Finder and the Advertiser shall at all times comply with its obligations under the Data Protection Legislation, including without limit in relation to its processing and storage of the personal data of applicants.
8.3 Both Liquidity Finder and the Advertiser shall be considered to be a controller in respect of personal data, which is processed in connection with these terms. Liquidity Finder and the Advertiser shall:
8.3.1 ensure that it has all necessary notices and consents in place to enable the lawful transfer of personal data to the other party for the purpose of these terms;
8.3.2 give full information to any data subject whose personal data may be processed under these terms of the nature such processing, and ensure there is always a legal basis for such processing; and
8.3.3 ensure that it has in place appropriate technical and organisational measures to protect against unauthorised or unlawful processing of personal data and against accidental loss or destruction of, or damage to, personal data.
8.4 You must provide us with a hyperlink to an up-to-date copy of your Privacy Notice when you first request a Job Listing on the Site and in the event your Privacy Notice is updated in future you must provide us with an updated copy or up-to-date hyperlink.
8.5 Liquidity Finder and the Advertiser each undertakes to the other to indemnify and hold the other harmless from any cost, charge, damages, expense or loss incurred by the other party as a result of its breach of this clause.
9. General
9.1 Nothing in these terms is intended to, or shall be deemed to, establish any partnership or joint venture between any of the parties, constitute any party the agent of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
9.2 Liquidity Finder and the Advertiser acknowledges that in entering into these terms 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.
9.3 We reserve the right, at any time and in our sole discretion, to add to or amend these terms and conditions provided that we give you reasonable notice of such changes in advance. By continuing to use the service after we have made such changes you will do so on the basis of our amended terms and conditions.
9.4 You are not be entitled to assign, transfer, mortgage, charge, subcontract, declare a trust over or deal in any other manner with any of your rights and obligations under these terms, but we may do so freely in the context of a sale of the shares in Liquidity Finder, or a sale of its business and assets, or in the context of a corporate restructuring.
9.5 No failure or delay by Liquidity Finder to exercise any right or remedy provided under these terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy by us.
9.6 No one other than a party to these terms shall have any right to enforce any of these terms.
9.7 These terms and any dispute or claim arising out of them (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and the courts of England and Wales shall have exclusive jurisdiction to settle any such dispute or claim.
9.8 The following definitions shall apply in these terms:
"Business Day" - means a day other than a Saturday, Sunday or public holiday in England when banks in London are open for business.
“Data Protection Legislation” - all applicable data protection and privacy legislation in force from time to time in the UK including the General Data Protection Regulation ((EU) 2016/679); the Data Protection Act 2018; the Privacy and Electronic Communications Directive 2002/58/EC (as updated by Directive 2009/136/EC) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426); and any other European Union legislation relating to personal data and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).
"Fees" - means the fees due to Liquidity Finder for posting a Job Listing on the Site as per the Advertiser’s instructions.
"Job Listing" - means a job advertisement which is published on the Site which contains details of the Advertiser (if the Advertiser is the proposed employer) and the role being advertised, and any other relevant information.
"Site" - means the website www.liquidityfinder.com or such other website or mobile application managed and administered by Liquidity Finder.
9.9 In these terms:
9.9.1 A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality) and that person's personal representatives, successors and permitted assigns.
9.9.2 A reference to writing or written includes e-mail.
