TERRA FIRMA ASSOCIATES LIMITED USER AGREEMENT
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT
Terms and Conditions of Use
1.1 Purpose The mission of Global Careers Fair (“GCF”) is to bring Candidates, Exhibitors and Media Partners together, using www.Globalcareersfair.com (“the Platform”), to offer an environment where each group exchanges information and makes connections with a view to helping candidates develop their careers and employers attract high quality talent.
2. SCOPE AND INTENT
2.1 You agree that by registering on the Platform, or by using our website, information, or any other services provided by GCF (“the Services”), you are entering into a legally binding agreement with GCF.
2.2 In these Terms and Conditions the following definitions apply: Terra Firma Associates Limited also trade as Global Careers Fair. "Us", "We" means “Terra Firma Associates” and “The Global Careers Fair” and "Our" shall be interpreted accordingly. "You" means the person using the site and "Your" shall be interpreted accordingly. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Platform for any reason. “Candidates” means any person who uses The Platform as a potential employee. “Exhibitors” means any user who uses The Platform as an employer. “Media Partners” are representatives from media organisations that are associated with the event for the purpose of enhancing their brand with Exhibitors and Candidates alike. "Content" means all information, data, text, music, sound, photographs, graphics, video, messages and other material on the Platform. “Event Dates” means the dates between which the GCF career fair will run, as indicated on the Platform home page.
2.4 On acceptance of this Agreement between us you will become a Global Careers Fair User (“User”).
2.5 For the avoidance of doubt, a User includes: 2.5.1 those registered to use our Services as Candidates; 2.5.2 those registered to use our Services as Exhibitors; 2.5.3 those registered to use our Services as Media Partners; and 2.5.4 any others who register to use our Services and agree to these Terms and Conditions.
2.6 If you are using the Services on behalf of a company or other legal entity, such entity may have a separate agreement with us, but you are nevertheless individually bound by this Agreement.
2.7 If you do not wish to become a User, do not accept the Agreement, and do not access, view, download or otherwise use the Platform.
2.8 By becoming a User you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions.
3. YOUR OBLIGATIONS
3.2 Licence and warranty for User Submissions to Terra Firma. 3.2.1 All of the content You provide to Us (“User Submissions”) under this Agreement is done so legally, You have the right to provide such content and it is supplied in compliance with the terms of this Agreement. 3.2.2 Terra Firma is not responsible for enforcing the deletion of any information which has been shared with other Users and stored by them.
3.3.3 In the course of using User Submissions for the purpose laid out in this Agreement, GCF is granted a non-exclusive, irrevocable, worldwide unlimited right to copy, analyse, distribute, publish, commercialise or otherwise use, any information that the user provides, directly or indirectly to GCF, without any further consent, notice and/or compensation to you or to any third parties. 3.3.4 The right in clause 3.3.3 above applies to all content save for content conveyed in private messages between Users. 3.3.5 Any information you submit to GCF is at your own risk of loss as noted in clauses 3 and 4 of this Agreement. 3.3.6 By providing any information to GCF, and to other Users, you represent and warrant: (a) that you are entitled to submit the information and in doing so are not in breach of any copyright, licensing or any other intellectual property right. (b) that the information is accurate, not misleading, not confidential, and not in violation of any contractual restrictions or other third party rights. (c) it is your responsibility to ensure that all User Submissions are accurate and updated. 3.3.7 GCF reserves the right to use screenshots of the Platform to advertise the Services which may contain images, text or other information and Users agree that they have no claim against GCF in copyright, licensing or any other intellectual property right and that GCF have the right to do so. 3.3.8 By submitting any logos, symbols, signs or any other type of identifying mark provided to GCF, an Exhibitor grants GCF the right to display the same on the Platform as part of the Exhibitor’s account, without restriction. 3.3.9 Candidates will not use in any way any of the Exhibitor’s submissions referred to in clause 3.3.8.
3.4 Service Eligibility To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: 3.4.1 are 18 years of age or of the age of majority in your jurisdiction, whichever is older; 3.4.2 are not currently restricted from the Services, or not otherwise prohibited from having a Global Careers Fair account; 3.4.3 are not a competitor of Terra Firma or are not using the Services for reasons that are in competition with Terra Firma; 3.4.4 will only maintain one Global Careers Fair account at any given time; 3.4.5 have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; 3.4.6 will not violate any rights of GCF, including intellectual property rights such as copyright or trademark rights or any confidentiality agreements; and 3.4.7 agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
3.5 Sign-In Credentials. 3.5.1 You agree to: (i) keep your password secure and confidential; (ii) not permit others to use your account; (iii) refrain from using other Users’ accounts; (iv) refrain from selling, trading, or otherwise transferring your GCF account to another party; and (v) refrain from charging anyone for access t¬¬¬o any portion of the Services, or any information therein, other than as provided for in this Agreement. 3.5.2 You are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please contact GCF through the www.globalcareersfair.com website.
3.6 Indemnification 3.6.1 You indemnify GCF in respect of all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by: (i) your failure to comply with these Terms and Conditions, including, without limitation, your submission of content that violates third party rights or applicable laws; (ii) any content you submit to the Services; and (iii) any activity in which you engage on or through the Platform. 3.6.2 In particular, YOU ACKNOWLEDGE GCF IN NO WAY FILTERS OR CONTROLS THE CONTENT OF ANY MESSAGE PASSING BETWEEN USERS AND ANY USER RELYING ON INFORMATION CONTAINED IN SUCH A MESSAGE DOES SO AT THAT USER’S OWN RISK. 3.6.3 GCF PROVIDES NO WARRANTY AS TO THE RELIABILITY, ACCURACY OR QUALITY OF THE CONTENTS OF ANY MESSAGE PASSING BETWEEN USERS. 3.6.4 WHILE GCF WILL TAKE REASONABLE STEPS TO VERIFY THE IDENTITY OF EXHIBITORS, USERS MUST SATISFY THEMSELVES AS TO THE IDENTITY OF EXHIBITORS AND THE TRUTHFULNESS AND ACCURACY OF ANY INFORMATION THEY PROVIDE. 3.6.5 GCF IS IN NO WAY RESPONSIBLE FOR AND ACCEPTS NO LIABILITY IN RELATION TO THE CONTENT, INCLUDING JOB DESCRIPTION AND CANDIDATE CRITERIA, ADDED BY USERS, INCLUDING BUT NOT LIMITED TO JOB ADVERTS, AND IS NOT LIABLE FOR ANY EMPLOYMENT LAW CLAIMS, INCLUDING CLAIMS ON ANY DISCRIMINATORY GROUND.
3.7 Notify us of acts contrary to these Terms and Conditions 3.7.1 If you believe that you are entitled or obligated to act contrary to these Terms and Conditions under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing at least 30 days before you act contrary to these Terms and Conditions, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so. 3.7.2 If you are aware of any User acting in breach of this Agreement, you agree to notify GCF as soon as reasonably possible.
3.8 Notifications and Service Messages. 3.8.1 All service messages and notices about the Services provided to you by GCF shall be sent to you via email to the email address associated with your account, even if we have other contact information. 3.8.2 You agree that GCF may communicate with you through your Global Careers Fair account or through other means including email, mobile number, telephone, or delivery services including the UK Postal Service about your GCF website account or other aspects of the Services. 3.8.3 You acknowledge and agree that we shall have no liability associated with or arising from your failure to maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
4. YOUR RIGHTS
4.1 On the condition that you comply with all your obligations under these Terms and Conditions, we grant you a limited, revocable, nonexclusive, non assignable, nonsublicenseable right to: 4.1.2 access the Platform, through a generally available web browser or mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of GCF), 4.1.3 view the Platform content and information and use the Services in accordance with these Terms and Conditions.
4.2 Any other use of the Services contrary to our mission and purpose (such as using information gathered from GCF commercially unless expressly authorized by GCF) is strictly prohibited and a violation of this Agreement.
4.3 GCF reserves all rights not expressly granted in these Terms and Conditions, including, without limitation, title, ownership, intellectual property rights, and all other rights and interests in GCF and all related items.
5. OUR RIGHTS AND OBLIGATIONS
5.1 The Services
5.1.1 The Platform operates as a venue only and does not introduce or recommend connections between Users. 5.1.2 GCF does not take any steps or obtain sufficient information relating to the experience, qualifications, training or otherwise suitability of Candidates and does not make any proposals, recommendations or indication of suitability of Candidates with regards positions advertised by Exhibitors in any circumstances. 5.1.3 GCF does not obtain confirmation of the identity of Users or the content of User Submissions. 5.1.4 GCF does not take any steps to ensure that Users are aware of any requirements imposed on them by law or otherwise which must be satisfied by either of them with regards the filling of any position. 5.1.5 It is recommended that Exhibitors ensure the suitability of any applications received from Candidates by confirming the identification of the Candidates, the experience, qualifications, training or otherwise suitability of the Candidates and any other qualifications or authorisations relevant to the position.
5.2 Services Availability
5.2.1 Whilst GCF continues to offer the Services, GCF shall provide and seek to update, improve and expand the Services. 5.2.2 GCF may modify, replace, refuse access to, suspend or discontinue the Services, partially or entirely, or change and modify prices for all or part of the Services at GCF’s sole discretion. 5.2.3 All changes shall be effective upon their posting on the GCF website or by direct communication to you unless otherwise noted. 5.3.3 GCF further reserves the right to withhold, remove and/or discard any content available as part of your account, with or without notice if deemed by GCF to be contrary to these Terms and Conditions. 5.2.4 For avoidance of doubt, GCF has no obligation to store, maintain or provide you with a copy of any content that you or other Users provide when using the Services. 5.2.5 GCF will use their best endeavours to ensure the Services are available throughout the term of this Agreement but accept no liability if the Platform or the Services are unavailable at any time.
5.3 Third Parties
5.4 Disclosure of User Information
5.4.1 You acknowledge, consent and agree that GCF may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (i) comply with legal process, including but not limited to civil and criminal subpoenas, court orders or other compulsory disclosures; (ii) enforce these Terms and Conditions; (iii) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (iv) respond to customer service inquiries; or (v) protect the rights, property, or personal safety of GCF, our Users or the public.
5.5 Interactions with other Users
5.5.1 You are solely responsible for your interactions with other Users. 5.5.2 GCF may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. 5.5.3 GCF reserves the right, but has no obligation, to monitor disputes between you and other User and to restrict, suspend, or close your account if GCF determines, in our sole discretion, that doing so is necessary to enforce these Terms and Conditions.
6.1 TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NONINFRINGEMENT.
6.2 IF YOU ARE DISSATISFIED OR HARMED BY GCF, THE SERVICES, OR ANYTHING RELATED TO GCF, YOU MAY CLOSE YOUR GCF ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH SECTION 7 (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
6.3 GCF IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS THOSE SENT BETWEEN USERS OR ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE GCF WEBSITE TO ANYONE.
6.4 GCF NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY.
6.5 GCF DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF USERS, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF THE PLATFORM AND ITS SERVICES BY USERS;
6.6 GCF DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
6.7 GCF DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. GCF DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING.
6.8 GCF DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE SERVICES DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6.9 GCF DOES NOT LIMIT ITS LIABILITY IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES.
6.10 GCF DOES NOT LIMIT ITS LIABILITY IN RESPECT OF ITS OWN FRAUD OR FRAUDULENT MISREPRESENTATION
6.11 Subject to clauses 6.9 and 6.10 GCF’s liability whether arising from negligence, tort, breach of contract or other obligation or duty is limited to the value of the contract concerned.
6.10 If any provision of the above clause 6 is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
7. LIMITATION OF LIABILITY
7.1 Neither Terra Firma nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Terra Firma Affiliates”) shall be liable for:
7.1.1 any damages in excess of UK £100, or
7.1.2 any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service or the Platform or any of the content or other materials on, accessed through or downloaded from the Platform.
7.2 The limitation of liability in clause 7.1 shall apply regardless of whether: 7.2.1 you base your claim on contract, tort, statute or any other legal theory, 7.2.2 we knew or should have known about the possibility of such damages, or 7.2.3 the limited remedies provided in this section fail of their essential purpose.
7.3 The limitation in clause 7.1 shall not apply to any damage that Terra Firma may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
7.4 TERRA FIRMA DOES NOT LIMIT ITS LIABILITY IN RESPECT OF DEATH OR PERSONAL INJURY CAUSED BY ITS NEGLIGENCE OR THAT OF ITS EMPLOYEES.
7.5 TERRA FIRMA DOES NOT LIMIT ITS LIABILITY IN RESPECT OF ITS OWN FRAUD OR FRAUDULENT MISREPRESENTATION.
7.6 If any provision of this clause 7 is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision.
8.1 Term of Agreement 8.1.1 This Agreement will remain in force and effect while You are a User of the Platform. 8.1.2 This Agreement will terminate at the end of the Event Dates.
8.2 Misuse of the Services 8.2.1 GCF may restrict, suspend or terminate the account of any User who abuses or misuses the Services. 8.2.3 Misuse of the Services includes abusing the GCF messaging services; creating multiple or false profiles; infringing any intellectual property rights, or any other behaviour that GCF, in its sole discretion, deems contrary to its purpose.
8.3 Effect of Termination 8.3.1 Upon the termination of your GCF account, you lose access to the Services. In addition, GCF may block access to the Services from an IP address or range of IP addresses associated with those of terminated Users. The terms of this Agreement shall survive any termination, except Sections 4 (“Your Rights”) and 5 (“Our Rights and Obligations”) hereof.
9. ENGLISH LAW AND ARBITRATION
9.1 Choice of Law Any disputes with Terra Firma arising out of or relating to these Terms and Conditions (“Disputes”) shall be governed by English law regardless of your country of origin or where you access The Services, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods.
9.2 Agreement to Arbitrate and Pay Lawyers’ Fees Any Disputes shall be resolved by final and binding arbitration under the Arbitration Act 1996 to be held in London, UK, in English, with a written decision stating and legal reasoning issued by the arbitrator(s) at either party’s request, and with arbitration costs and reasonable documented attorneys’ costs of both parties to be borne by the party that ultimately loses.
10. SPECIAL PROVISIONS APPLICABLE TO USERS OUTSIDE THE UNITED KINGDOM
10.1 Terra Firma strives to create a global community with consistent standards for everyone but we also strive to respect local laws. The following provisions apply to Users outside the United Kingdom: 10.1.1 You consent to having your personal data transferred to and processed in the United Kingdom and to Terra Firma’s use of servers based in the United States of America to manage such personal data. 10.1.2 If you are located in a country embargoed by the United Kingdom you will not engage in commercial activities on GCF or operate a platform application or website.
11. GENERAL TERMS
11.1 Severability 11.1.1 If any provision of these Terms and Conditions is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision. 11.1.2 If a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of these Terms and Conditions will not be affected in any way. 11.1 Notices and Service 11.1.2 In addition to Section 2. (“Notices and Service Messages”), we may notify you via postings on www.globalcareersfair.com. 11.1.2 You may contact us via email at: firstname.lastname@example.org 11.1.3 Additionally, GCF accepts service at this address: Terra Firma Associates 49-50 Eagle Wharf Road London N1 7ED England 11.1.4 Any notices that you provide without compliance with this section on Notices shall have no legal effect.
11.3 Amendments to these Terms and Conditions 11.3.1 GCF reserves the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.globalcareersfair.com or notifying you otherwise. 11.3.2 In the event that you do not want to agree to changes to this Agreement, you can terminate this Agreement at any time per Section 8 (Termination).
11.4 No informal waivers, agreements or representations 11.4.1 Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. 11.4.2 Except as expressly and specifically contemplated by these Terms and Conditions, no representations, statements, consents, waivers or other acts or omissions by any Terra Firma Affiliate shall be deemed legally binding on any Terra Firma Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Terra Firma.
11.5 No Injunctive Relief In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
11.6 Assignment and Delegation 11.6.1 You may not assign or delegate any rights or obligations under this Agreement. 11.6.2 Any purported assignment and delegation shall be ineffective. 11.6.3 GCF may freely assign or delegate all rights and obligations under this Agreement, fully or partially without notice to you. 11.6.4 GCF may also substitute, by way of unilateral novation, effective upon notice to you, GCF for any third party that assumes our rights and obligations under this Agreement.
12. GLOBAL CAREERS FAIR USER CODE
12.2 Do not undertake the following: 12.2.1 Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to the Platform; 12.2.2 Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on GCF website (excluding User Submissions and content posted by you) except as expressly authorized by GCF; 12.2.3 Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof; 12.2.4 Include information in your profile or elsewhere, except in designated fields, that reveals your identity or sensitive personal information such as an email address, phone number or address or is confidential in nature; 12.2.5 Create a User profile for anyone other than a natural person, except where expressly authorised by GCF; 12.2.6 Utilize information, content or any data you view on and/or obtain from the Platform to provide any service that is competitive, in GCF’s sole discretion, with GCF; 12.2.7 Imply or state, directly or indirectly, that you are affiliated with or endorsed by GCF unless you have entered into a written agreement with GCF. 12.2.9 Rent, lease, loan, trade, sell/re-sell access to The Services or any information therein, or the equivalent, in whole or part; 12.2.11 Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site; 12.2.12 Use bots or other automated methods to add or download contacts, send or redirect messages or other permitted activities other than through any GCF-sanctioned tools that we may provide; 12.2.13 Access, via automated or manual means or processes, the Platform for purposes of monitoring their availability, performance or functionality or for any competitive purpose; 12.2.14 Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Platform; 12.2.15 Attempt to or actually access the Platform by any means other than through the interfaces provided by GCF; 12.2.16 Attempt to or actually override any security component included in or underlying the Platform; 12.2.17 Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on our infrastructure, including but not limited to unsolicited communications to other Users or GCF personnel, attempts to gain unauthorized access, or transmission or activation of computer viruses; 12.2.18 Remove, reproduce, copy or otherwise use any copyright, trademark or other proprietary rights notices provided with the Services (e.g. displayed on the Platform), including those of both GCF and any other User; 12.2.19 Remove, cover or otherwise obscure any form of advertisement included on the Platform; 12.2.20 Harass, abuse or harm another person, including sending unwelcomed communications to others using the Services; 12.2.21 Collect, use or transfer any information, including but not limited to, personally identifiable information obtained from the Platform except as expressly permitted in this Agreement or as the owner of such information may expressly permit; 12.2.22 Share information of non-Users without their express consent; 12.2.23 Interfere with or disrupt the Services, including but not limited to any servers or networks connected to the Platform; 12.2.24 Upload a cartoon, symbol, drawing or any content other than a head-shot photograph of yourself in your profile photo; 12.2.25 Use or attempt to use another's account without authorisation, or create a false identity on the Platform; 12.2.26 Infringe or use GCF’s brand, logos and/or trademarks, including, without limitation, using the word “Global Careers Fair” in any business name, email, or URL or including GCF’s trademarks and logos unless expressly permitted by GCF; 12.2.27 Upload, post, email, send in a message, transmit or otherwise make available or initiate any content that: (i) Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present. (ii) Is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable. (iii) Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by GCF). (iv) Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements). (v) Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights; (vi) Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of GCF or any User of the Services; (vii) Forges headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services; and/or (viii) Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
13. PROVISIONS APPLICABLE TO GCF USERS REGISTERING FROM THE UNITED KINGDOM
The following provisions apply and in the event of a conflict prevail over the above stated clauses if you are using the Services as a consumer resident in the United Kingdom: 13.1 Disclaimer 13.1.1 USERS SHOULD NOT RELY ON GCF, ANY INFORMATION THEREIN, OR ITS CONTINUATION. ALL INFORMATION AND SERVICES IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. GCF DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS. 13.1.2 GCF IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS THOSE SENT BETWEEN USERS OR ANY OTHER USER GENERATED CONTENT) SENT THROUGH THE GCF WEBSITE. 13.1.3 GCF NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL TO US, SERVICE, OR TECHNOLOGY. 13.1.4 GCF DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; 13.1.5 GCF DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION. 13.1.6 GCF DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, 13.1.7 THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. 13.1.8 GCF DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, GCF DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE GLOBAL CAREERS FAIR SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
13.2 Liability GCF does not exclude or limit in any way its liability for fraud or fraudulent misrepresentation or death or personal injury caused by its negligence. 13.3 Right to Cancel 13.3.1 You hereby acknowledge that GCF shall immediately commence the provision of the Services upon creation of your User account. 13.3.2 In such circumstances, and because you consent to the commencement of the Services at this time, the right to cancel the contract under the Distance Selling Regulations 2000 is not applicable. 13.3.3 You may terminate this Agreement at any time in accordance with clause 8.