ProNurse

TERMS OF USE

This page states the terms and conditions (the “Terms and Conditions”) under which you may use Pronurse.co.uk (the “Web Site”). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Web Site and service. By using this Web Site, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Pronurse.co.uk is owned by Monster, Inc. and its affiliated companies (“Monster”), and Monster may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Web Site for any reason. 

Eligibility

You must be 18 years of age or older, or the age of majority as that is defined in your jurisdiction, whichever is older, to visit or use the Web Site in any manner. By visiting the Web Site or accepting these Terms, You represent and warrant to Monster that You have reached the age of majority in your jurisdiction and that You have the right, authority and capacity to agree to and abide by these Terms, You also represent and warrant to Monster that You will use the Web Site in a manner consistent with any and all applicable laws and regulations. 

Use of Web Site Content.

Monster authorises you to view and download a single copy of the material on the Web Site solely for your personal, noncommercial use.

The contents of this Web Site and of all other websites under Monster’s control whether partial or otherwise (the Web Site and such other websites are sometimes collectively referred to as “Monster Sites”) such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, “Web Site Content”), are protected under United States, European and other copyright, trademark and other laws. All Web Site Content is the property of Monster or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Monster and protected by copyright laws. Unauthorised use of the Web Site Content may violate copyright, trademark and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute or otherwise use the Web Site Content in any way for any public or commercial purpose, in connection with products or services that are not those of Monster, in any manner that is likely to cause confusion among consumers, that disparages or discredits Monster or its licensors, that dilutes the strength of Monster’s or its licensor’s property, or that otherwise infringes Monster’s or its licensor’s intellectual property rights. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that Monster creates to generate any Web Site Content or the pages making up any Monster Site. It is also protected by Monster's copyright.

Acceptable Site Use.

General Rules: Users may not use the Web Site in order to display, post, transmit, distribute, store or destroy material including, without limitation, Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person.

Users are prohibited from advertising jobs or contacting jobseekers on the Website other than through the purchase of CV views and Job Postings. 

Users are prohibited from violating or attempting to violate the security of  any Monster Site including, without limitation: (a) accessing data not intended for such user or logging into a server or account which the user is not authorised to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorisation, (c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to  any Monster  Site, overloading, "flooding", "spamming", "mailbombing" or "crashing",  or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. Monster will investigate occurrences which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

In order to ensure a safe and effective experience for all of our customers, Monster reserves the right to limit the amount of data (including CV views) that may be accessed by You in any given time period. These limits may be amended in Monster’s sole discretion from time to time.

Specific Prohibited Uses.

Monster Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. Monster specifically prohibits any use of any Monster Site, and all users agree not to use, or allow any party under their control to use, any Monster Site, for any of the following:

• Uploading, emailing, posting,transmitting or otherwise publishing any material on the Web Site which disrupts the flow of dialogue and/or exchange on the Web Site, includingposting or otherwise transmitting material that is not related to the subject at issue or other wise restricts or inhibits any other user from using or enjoying the Web Site.
• Creating or participating inany chat rooms determined by us to have been created for the purpose ofexchanging or swapping images, music, or other protected intellectual property.
• Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate CV (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
• Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents.
• Posting any jobs for any competitor of Monster or post jobs or other content that contains links to any site competitive with Monster.
• Posting jobs or content that contains hyperlinks, “hidden” keywords or keywords that are irrelevant to the job or are otherwise misleading.
• Advertising jobs in any manner other than through Monster Job Postings, such as advertising jobs through public venues on the Website, including message boards, forums, contests and chat rooms.
• Contacting jobseekers through any public venue other than CV views, including contacting Jobseekers through message boards,forums, contests and chat rooms
• Using the Monster CV database for any purpose other than as an employer seeking employees for specific live jobs including, but not limited to, using the information in the CV database to sell or promote any products or services or to source people to join a franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity requires an up front or periodic payment, pays commissions only (no significant salary), requires recruitment of other members,sub-distributors or sub-agents.
• Sending unsolicited mail or e-mail, making unsolicited phone calls or sending unsolicited faxes regarding promotions and/or advertising of products or services to a user of a Monster Site.
• Deleting or revising any material posted by any other person or entity.
• Using any device, software or routine to interfere or attempt to interfere with the proper working of any Monster Site or any activity being conducted on this Web Site.
• Taking any action which imposes an unreasonable or disproportionately large load on any Monster Site's infrastructure.
• If you have a password      allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorised purpose.
• Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search any Monster Site other than the search engine and search agents available from Monster on such Monster Site and other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer).
• Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Monster Site.
• Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any Monster Site.
• Framing of or linking to any of the Web Site Content or information available from any Monster Site.
• Posting jobs located in countries subject to economic sanctions of the United States Government or Federal Governments of specific states from time to time.
• Posting jobs which require the applicant to provide information relation to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.

Monster does not necessarily monitor any materials posted, transmitted, or communicated to or within the Web Site. If you believe that something on the Web Site violates these Terms please contact us as set out later in the Terms and Conditions.

User Information.

When you register for the Web Site, you will be asked to provide Monster with certain information including, without limitation, a valid email address (your "Information"). In addition to the terms and conditions that may be set forth in any privacy policy on this Web Site, you understand and agree that Monster may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. Monster will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. Monster reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by Monster or by third parties. Please see the ProNurse.co.uk Privacy Policy for further details regarding your Information.

Without limiting any of the other disclaimers of warranty set forth in these Terms, Monster does not provide or make any representations as to the quality or nature of any of the third party products or services purchased through the Web Site or any other Monster Sites, or any other representation, warranty or guarantee. Any such undertaking, representation, warranty or guarantee would be furnished solely by the provider of such third party products or services, under the terms agreed by that provider.

User Submissions.

As a user, you are responsible for your Account information, employer account information or job postings, content (including, without limitation, works in any form, media or technology whether now known or later developed), messages, audio, video, photos, text, images, compilations or other information (“User Content”) that You post on the Web Site or transmit to other Users. You agree that in submitting User Content or otherwise using the Monster Sites that you will not impersonate any person, or submit any materials to Monster that are false, inaccurate, misleading, unlawful or otherwise in violation of your obligations under these Terms. 

The following is a partial list of User Content that is prohibited on the Monster Sites. The list below is for illustration only and is not a complete list of all prohibited User Content.

Content that:

• is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post      it;
• promotes or endorses an illegal or unauthorised copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
• reveals trade secrets unless you own them or have the permission of the owner;
• infringes on any other intellectual property rights of others or on the privacy or publicity      rights of others;
•  is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause  annoyance, anxiety or inconvenience to another user or any other person or entity;
• contains or links to a      sexually-explicit image or statement;
• contains or links to advertisements or solicitations of business;
• contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
• involves the transmission of“junk mail”, “chain letters”, pyramid schemes or unsolicited mass mailing      or spamming;
• promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene or defamatory;
• contains restricted or password only access pages, or hidden pages or images;
• provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities or other activities prohibited by these Terms including, without limitation, making or buying illegal weapons, violating someone’s privacy or pirating any media; and
• solicits passwords or personal identifying information from other Users. 

Monster does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Monster acts as a passive conduct for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, Monster may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Monster has no liability or responsibility to users for performance or nonperformance of such activities. Monster reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. Monster may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for Monster, may damage Monster’s brand or public image or may cause Monster to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of any Monster Site, including message boards, forums, contests and chat rooms, you grant Monster and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media or technology now known or later developed for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.

Any hyperlinks, "hidden" keywords or any keywords that are irrelevant to the job or are otherwise misleading contained in a job posting are prohibited.

We appreciate hearing from our customers and welcome your comments regarding our services and the Monster Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value your feedback on our services, please be specific in your comments regarding our services and do not submit creative ideas, inventions, suggestions or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions or other information (collectively the "Submission"), the Submission shall be the property of Monster. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. Monster shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person who submitted the Submission. 

Registration and Password.

You are responsible for maintaining the confidentiality of your information and password.  You may not share your password or account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of your registration whether or not authorised by you. You agree to immediately notify Monster of any unauthorised use of your registration or password.

Identification Of Agent To Receive Notification And Elements Of Notification Of Claimed Copyright or Trademark Infringement.

If You believe that your copyrighted work or trademark has been uploaded, posted or copied to any Monster Site and is accessible on such Monster Site in a way that constitutes copyright or trademark infringement, please print and complete the Monster Proprietary Rights Complaint Process and Notification Form and send such completed form to our designated agent.

We have designated April Jodoin as our agent to receive notices of claims of copyright or trademark infringement or other nonconformance to these Terms on the Monster Sites. You can contact April as follows:

Need help with a job seeker issue? Contact us at http://www.monster.co.uk/contact/.

Policy Regarding Termination Of Users And Account Holders Who Repeatedly Infringe The Copyright Or Other Intellectual Property Rights Of Others.

Monster and all of its affiliated companies respects the intellectual property of others and we ask our users, account holders and content partners to do the same. The unauthorised reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other Monster Site to infringe the intellectual property rights of others in any way. We will terminate the accounts of any account holders and block access to our Web Site and/or the other Monster Sites of any users who repeatedly infringe the copyright or other intellectual property rights of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice and without any liability to the account holder who is terminated or to the user whose access is blocked.

Monster's Liability.

 

Monster Sites are only a venue. This Web Site acts as a venue for people involved in, or wishing to become involved in the nursing industry, and provides a forum for such people to exchange information on the nursing industry. The Web Site also functions as a venue for employers to post job opportunities for jobs in the nursing industry and does not screen or censor the listings offered. Monster is not involved in the actual transaction between employers and candidates. As a result, Monster has no control over User Content, the quality, safety or legality of the jobs or CV's posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings and Monster makes no representation about any jobs, CVs or User Content on the Web Site. In addition, note that there are risks including, but not limited to, the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Web Site and/or the other Monster Sites.

Because user authentication on the Internet is difficult, Monster cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on any Monster Site, in the event that you have a dispute with one or more users, you release Monster (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. 

We generally do not control the information provided by other users which is made available through the Web Site and the other Monster Sites. By its very nature, other people's information may be offensive, harmful or inaccurate and in some cases will be mislabelled or deceptively labelled. If we become aware of any information that is offensive, harmful, inaccurate or otherwise in breach of these Terms of Use, we will remove them from the Web Site. We expect that you will use caution and common sense when using this Web Site and/or the other Monster Sites.

The Web Site Content may contain inaccuracies or typographical errors. Monster makes no representations about the accuracy, reliability, completeness or timeliness of the Web Site or the Web Site Content. The use of the Web Site and the Web Site Content is at your own risk. Changes are periodically made to Monster Sites and may be made at any time.

You acknowledge that neither we, nor any Web Site members (whilst they are participating in the Web Site) are engaged in rendering legal, medical, counselling, or other professional services or advice. We encourage you to seek appropriate professional advice for any situation or problem that you may have. We have the right, not the obligation, to correct any errors or omissions in any portion of the Web Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the Monster Sites. Employers are solely responsible for their postings on the Monster Sites.

Monster is not to be considered to be an employer with respect to your use of Monster Sites and Monster shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on any Monster Site.

Monster cannot guarantee and does not promise any specific results from use of the Web Site or any Monster Sites. No advice or information, whether oral or written, obtained from a User from Monster or through or from the Web Site or any other Monster Sites shall create any warranty not expressly state herein.

MONSTER DOES NOT WARRANT THAT THE WEB SITE WILL OPERATE ERROR-FREE OR THAT THE WEB SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY MONSTER SITE OR THE WEB SITE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MONSTER IS NOT RESPONSIBLE FOR THOSE COSTS.

THE MONSTER SITES AND WEB SITE CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. MONSTER, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT WITH RESPECT TO OUR SERVICES OR ANY MONSTER SITE OR THE FUNCTIONALITY, PERFORMANCE OR RESULTS THEREOF. MONSTER MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, WEB SITE, WEB SITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS AND LINKS.

Disclaimer of Consequential Damages.

TO THE EXTENT PERMITTED BY LAW, IN NO EVENT SHALL MONSTER, ITS SUPPLIERS OR ANY THIRD PARTIES MENTIONED ON  ANY MONSTER SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, LOSS OF BUSINESS OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE  ANY MONSTER SITE AND THE  WEB SITE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MONSTER IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites.

The Web Site and certain other Monster Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Monster of the contents on such third-party web sites. Monster is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party web sites. If you decide to access linked third party web sites, you do so at your own risk.

No Resale or Unauthorised Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorised commercial use of any Monster Site.

Limitation of Liability.

TO THE EXTENT PERMITTED BY LAW, WE EXCLUDE ALL OF THE COMPANY’S LIABILITY IN CONNECTION WITH ANY MONSTER SITE OR YOUR USE OF THE WEB SITE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE).

Term and Termination.

These Terms will remain in force and effect while You are a User of the Web Site.

Monster reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Web Site and other Monster Sites and/or immediate termination of your registration with or ability to access the Web Site and other Monster Sites and/or any other service provided to you by Monster, upon any breach by you of these Terms and Conditions or the terms and conditions of any Monster Site or if Monster is unable to verify or authenticate any information you submit to the Web Site registration  or other Monster Site registration.

Indemnity.

You agree to defend, indemnify and hold harmless Monster, its officers, directors, employees and agents from and against any claims, actions or demands including, without limitation, reasonable legal and accounting fees, alleging or resulting from (i) any material you provide to a Monster Site, (ii) any Web Site Content that you use or (iii) your breach of the terms of these Terms and Conditions. Monster shall provide notice to you promptly of any such claim, suit or proceeding.

General.

Monster makes no claims that the Web Site Content may be lawfully viewed or downloaded outside of the

United Kingdom. Access to the Web Site Content may not be legal by certain persons or in certain countries. If you access the Web Site from outside of the United Kingdom, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and Conditions are governed by the law of England and Wales. Jurisdiction for any claims arising under this agreement shall lie exclusively with the English Courts. If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term.  In addition, Monster’s failure to enforce any term of these Terms shall not be deemed a waiver of such term or otherwise affect Monster’s ability to enforce such term at any point in the future. Except as expressly provided in additional terms of use for areas of the Web Site, a particular "Legal Notice" or Software License or material on particular Web pages, these Terms and Conditions constitute the entire agreement between you and Monster with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Additional Terms of Use.

Certain areas of this Web Site and the other Monster Sites are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

Thank you for using Pronurse.co.uk.

Update effective 13^th October 2008