Terms & Conditions

BY ACCESSING THIS WEBSITE YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS (THE "AGREEMENT") GOVERNING YOUR USE OF THE FINANCIAL TIMES LTD'S WEBSITES AND SERVICES INCLUDING OFFLINE COMPONENTS (TOGETHER, THE "FINANCIAL TIMES SERVICES" OR "THE SERVICE"). THE FINANCIAL TIMES SERVICE IS NOT AVAILABLE TO USERS WHO DO NOT ACCEPT THESE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THESE TERMS AND CONDITIONS, YOU MUST TERMINATE YOUR USE OF THE SERVICE IMMEDIATELY.

1. Introduction

1.1 The Financial Times Ltd. (Registered number 227590) ("The Financial Times") operates an online executive advertising service allowing executives investigating employment opportunities ("Users") to access advertisements ("Ads") posted by recruitment agencies and companies ("Advertisers" or "Advertiser") and to apply for positions contained in those advertisements.

1.2 The Financial Times Ltd. is only responsible for carrying Ads as described in these Terms. The Advertiser is responsible for the content of its Ads including ensuring Ads are legal and do not infringe the rights of anyone else.

1.3 Users shall not (i) copy, replicate, reproduce, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party The Financial Times Service or any Ads or other content posted on the Website in whole or in part in any way; (ii) make derivative works based upon The Financial Times Service; (iii) create Internet links to The Financial Times Service or frame or mirror any part of the Service on any other server or wireless or Internet-based device; or (iv) reverse engineer or access The Financial Times Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of The Financial Times Service, or (c) copy any ideas, features, functions or graphics of The Financial Times Service.

1.4 You may use The Financial Times Service only for your bona fide investigation of employment opportunities and related personal career development and shall not: (i) compile or distribute material in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libellous, or otherwise unlawful or tortious material; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of The Financial Times Service or the data contained therein; or (v) attempt to gain unauthorised access to The Financial Times Service or its related systems or networks.

2. The Financial Times` Responsibilities

2.1 The Financial Times will:

2.1.1 provide the services covered by these Terms using reasonable care and skill;

2.1.2 allow Users to register, search for and email Ads, and contact advertisers in accordance with clause 5; and

2.1.3 maintain the availability of the Website in accordance with clause 5.

2.1.4 maintain and use your personal information in accordance with The Financial Times’ Privacy Policy, which forms part of these Terms and Conditions.

2.1.5 ensure the effectiveness of the Service for Advertisers and Users by, at its sole discretion, suspending or removing access to the Service from any User suspected of acting in a manner contrary to the interests of The Financial Times, including but not limited to nuisance applications.

3. Your Rights and Responsibilities

3.1 Users may use the Service only for personal use and in accordance with these terms.

3.2 You may browse the Website using a compatible web browser. The Financial Times may from time to time provide guidance on the compatibility of various web browsers, however it is and remains your responsibility to use and configure your web browser in order to browse the Site effectively. You are responsible for providing and maintaining your own broadband internet connection(s) and computer network and equipment as required in order to access the Website.

3.3 Permission to browse the Site includes permission to make transient or cached copies of parts of the Site to the extent that this occurs in the normal course of using your browser and that these copies are used only to facilitate current or subsequent access to the Site by you; and print a copy of any page of the Site or email a section of the Site to another person to the extent permitted on the Site, for your own personal purposes, provided you do not do any of the things set out below under 1.3 or 1.4.

3.4 You are responsible for all activity occurring under your account and shall abide by all applicable laws in connection with your use of The Financial Times Service. You shall: (i) notify The Financial Times immediately of any unauthorised use of any password or account or any other known or suspected breach of security; (ii) report to The Financial Times immediately and use reasonable efforts to stop immediately any copying or distribution of content that is known or suspected by you or your Users to be in breach of any applicable laws or regulations; and (iii) not provide false identity information to gain access to or use The Financial Times Service.

3.5 Except to the extent expressly set out in these terms, you are not allowed to make any copies of any part of the Site; you may not remove or change anything on the Site except your registered details or include or create links to or from the Site; you are not allowed to copy or use any material from the Site for any commercial purpose; you are not allowed to remove or change any copyright, trade mark or other intellectual property right notices contained in the original material or from any material copied or printed off from the Site.

3.6 You must only use the Site and anything available from the Site for lawful purposes, and you must comply with all applicable laws, statutes and regulations. You must not use the Service to:

(a) send, post, upload or otherwise transmit information or pictures that are obscene or pornographic, threatening, menacing, racist, offensive, defamatory or otherwise unlawful;

(b) send or upload files that contain software or other materials in breach of any intellectual property rights or in breach of confidence;

(c) harass, stalk, threaten or otherwise violate the rights of others or harm or threaten to cause harm to minors; (d) impersonate anyone else or otherwise misrepresent your identity or status;

(e) hack into the Site or any other related computer system, make excessive traffic demands, deliver viruses or forward chain letters, surveys, contests, pyramid schemes or otherwise engage in any other behaviour that may reasonably be expected to inhibit other users from using and enjoying the Site or any other web site or damage or destroy the reputation of The Financial Times Ltd or any third party;

(f) apply for positions for which you do not have the appropriate legal documentation including citizenship and/or work permits

3.7 The Financial Times Ltd accepts no obligation to monitor the use of the Site. However, The Financial Times Ltd reserves the right to disclose any information as required by law and/or to remove, refuse to post or to edit any information or materials, to block your access and to take such other action as may be reasonably necessary to prevent any breach of these terms and conditions or any breach of applicable law or regulation. The Financial Times Ltd will also in its absolute discretion fully co-operate with law enforcement and other relevant authorities with respect to any investigation of suspected unlawful activity or violation of network security.

3.8 You agree that in the event that The Financial Times Ltd undergoes reorganisation or is sold to a third party any personal information The Financial Times Ltd holds about you may be transferred to that reorganised entity or third party.

3.9 For registration and use of the Site your username will be the email address you supply. During registration you will create a confidential password to be used when using the Services. You must keep your password confidential at all times, and must not disclose it to anyone else or permit anyone else to use it. Any breach of any of these terms by anyone to whom you disclose the password will be treated as if the breach had been committed by you, and will not relieve you of your obligations under these terms and conditions.

3.9.1 In the event of any failure or error in the operation of a password you shall cease using the password and exit the Site immediately, and notify The Financial Times Ltd of such failure or error. The Financial Times Ltd reserves the right to change, or to require you to change, your password at any time in its sole discretion.

3.9.2 You warrant that you are entitled to receive emails at the email address you provide. You should note that many companies prohibit their employees using the company email for private use and we encourage you to open a private account and use an external computer network to visit the Site.

3.9.3 You agree to notify The Financial Times Ltd promptly by using the update facility on the Site of any changes to your registration details.

4. Use of the Website by Users

4.1 The Financial Times shall allow Candidates to use the Website and to search for Ads by entering specific Search Criteria Information. The Financial Times shall use reasonable efforts to match the Search Criteria Information to relevant Ads placed by advertisers.

4.2 The Financial Times will generate a list of relevant Ads for Candidates. The list will be displayed in order of relevance by Search Criteria Information and Candidates shall be able to view detailed Ads from this list. The Financial Times shall maintain, for each registered Candidate, up to 5 Search Criteria Information selections and up to 5 live Ads in their Personal Account.

4.3 Registered Candidates shall be able to contact the Advertiser or other individuals or addresses identified in any Ad viewed and shall be able to attach documents such as CVs and covering letters. Such contacts shall be facilitated through online application, email or other methods as may from time to time be made available by The Financial Times. The Financial Times is not responsible for and is not obliged to monitor or exercise any control over, the content of such contacts to Advertisers.

4.4 The Financial Times reserves the right, in its sole discretion, to refuse access to the Website and/or the search services and/or the contact methods to any person or class of persons for reasons including but limited to inappropriate or excessive use or abuse of the services or causing a nuisance to Advertisers, such reasons to be assessed by The Financial Times at its sole discretion.

5. Availability of Website

5.1 The Financial Times does not warrant or guarantee to keep the Website or associated services or any Ad available 100% of the time. The Financial Times shall use reasonable efforts to maintain the availability of the Website generally.

5.2 The Financial Times represents that it will provide The Financial Times Service in a manner consistent with general industry standards reasonably applicable to the provision thereof and that The Financial Times Service will perform substantially in accordance with the online The Financial Times help documentation under normal use and circumstances.

5.3 The User acknowledges that the Website or associated services may be unavailable at times for reasons including but not limited to technical maintenance and that The Financial Times' services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. The Financial Times is not responsible for any delays, delivery failures, or other damage resulting from such problems.

6. Content of Ads and Advertiser Contacts

6.1 Each Advertiser has sole responsibility for the accuracy, quality, integrity, legality, reliability and appropriateness of all content of Ads and other data provided by the Advertiser.

6.2 Each Advertiser has represented to The Financial Times that its Ads: (a) shall not contain anything which is misleading, defamatory, obscene, indecent or otherwise unlawful under any applicable laws, statute, ordinance or regulation including the law in the UK and in any country into which the Ad is targeted and including all laws relating to employment or discrimination; (b) shall comply with all applicable advertising and other regulations, rules and codes of practice whether statutory or self-regulatory and including the British Codes of Advertising and Sales Promotion and the ITC Code of Advertising Standards and Practice (or any replacement code for either of them). (c) shall not contain anything, including the Advertiser's logo or branding, and other logos or branding, which infringe the Intellectual Property Rights or similar rights of any person; (d) shall not contain anything which is likely to harm the reputation of The Financial Times; (e) shall comply with the written policies and guidelines of The Financial Times notified to the Advertiser from time to time; (f) shall not contain any virus; and (g) shall only advertise real positions in real companies or businesses where the remuneration is £30,000 per annum gross (or equivalent for short-term positions) or more

7. Intellectual Property Rights

7.1 All Intellectual Property Rights in the Website including text, graphics and software shall belong to The Financial Times and its licensees. The Financial Times shall own all rights and interests, including all Intellectual Property Rights, in and to the The Financial Times Service including but not limited to systems, processes, technology, navigation, logos and trademarks , graphics text and other content except as provided in Clause 7.2. The Financial Times shall own any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party to The Financial Times relating to The Financial Times Service. These Terms are not a sale and do not convey to you any rights of ownership in or related to The Financial Times Service. The Financial Times name and logo and the product names associated with The Financial Times Service are trademarks of The Financial Times or third parties, and no right or license is granted to use them.

7.2 All Intellectual Property Rights in the content of Advertiser's Ads, other than the Standard Ad Template, shall belong to the Advertiser.

8. Liability and exclusion of warranties

8.1 The Financial Times and its affiliates, officers, directors, employees and agents make no representation, warranty, or guaranty as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of The Financial Times Service or any content. The Financial Times and its affiliates, officers, directors, employees, and agents do not represent or warrant that (a) the use of The Financial Times Service will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data, (b) The Financial Times Service will meet your requirements or expectations, (c) any stored data will be accurate or reliable, (d) The Financial Times Service or the servers that make The Financial Times Service available are free of viruses or other harmful components. The Financial Times Service is provided to you strictly on an "as is" basis. All conditions, representations and warranties, whether express, implied, statutory or otherwise, including, without limitation, any implied warranty of merchantability, fitness for a particular purpose, or non-infringement of third party rights, are hereby disclaimed to the maximum extent permitted by applicable law and subject to Clause 10.4

8.2 Subject to Clause 8.4, The Financial Times has no control over and makes no representations or warranties in respect of any users of the Website including any Advertisers, whether relating to skills, experience, identity or other factors, or to the performance or suitability of the Ad Search Criteria Information and algorithms used in the Website.

8.3 Subject to Clause 8.4, The Financial Times will not be liable (whether such liability arises due to negligence, breach of contract, misrepresentation or for any other reason) for any loss of earnings or income, loss of business opportunity or other damage to business, loss of management or other staff time, loss of data or software, any special, exemplary, punitive, incidental or consequential damages of any kind, or any loss or damage caused by something outside The Financial Time's reasonable control.

8.3.1 Subject to clauses 8.1, 8.2, 8.3 and 8.4, The Financial Times’ liability to you whether in contract, tort or otherwise is limited to the amount paid by you in respect of your membership in the previous 12 months

8.4 The liability of either party for death or personal injury arising from its negligence or that of its servants or agents, for breach of any term (express or implied) as to title or quiet use or enjoyment, for fraudulent misrepresentation, under any express indemnity set out in these Terms or for breach of confidentiality is not excluded or limited, even if any other term of these Terms would otherwise suggest that this might be the case.

9. During use of the Service, you may enter into correspondence with, purchase goods or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through The Financial Times Service. Any such activity, and any terms and conditions associated with such activity, is solely between you and the applicable third party. The Financial Times shall have no liability or responsibility for any such correspondence, purchase or promotion between you and any such third party. The Financial Times does not endorse any sites on the Internet that are linked through The Financial Times Service. The Financial Times provides these links to you only as a matter of convenience, and in no event shall The Financial Times be responsible for any content, products, or other materials on or available from such sites.

10. General

10.1 The Financial Times may assign these Terms to any successor of The Financial Times whether such successor arises due to reconstruction, amalgamation or transfer of any engagement or business or to any of its associated companies. For the purpose of these Terms, any two persons are to be treated as "associated" if one is a corporate body of which the other directly or indirectly has control or if both are corporate bodies directly or indirectly controlled by the same person or group of persons. For these purposes a person or group of persons who are able directly or indirectly to control or materially to influence the policy of a corporate body, but without having a controlling interest in that body corporate, may be treated as having control of it. The terms "associate" and "associated company" are to be interpreted accordingly.

10.2 All notices, agreements and consents under these Terms shall be in writing and shall be sent to the address of the recipient set out in these Terms or on the relevant Order Form.The Financial Times may give notice by means electronic mail to your e-mail address on record in The Financial Times' account information, or by written communication sent by mail to your address on record in The Financial Times’ account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after posting or 12 hours after sending by email. You may give notice to The Financial Times at any time by letter sent to The Financial Times Ltd Number One Southwark Bridge, London, SE1 9HL; by fax to +44 (0)845 458 9840; or by email to info@exec-appointments.com. Such notice shall be deemed to have been given upon receipt by The Financial Times.

10.3 If any provision of these Terms is held for any reason to be ineffective or unenforceable, this shall not affect the validity or enforceability of any other provision of these Terms or these Terms as a whole.

10.4 These Terms shall be governed by and interpreted in accordance with the laws of England and subject to the jurisdiction of the High Court of Justice in England.

10.5 These Terms comprise the entire agreement between you and The Financial Times in relation to use of The Financial Times Service and supersede all prior negotiations, discussions or agreements, whether written or oral, between the parties regarding The Financial Times Service.

11. Definitions

11.1 In these Terms the following words and phrases shall have the following meanings:

Term	Defination
Ad	An advertisement for a position or positions of employment with Advertiser or with a client of Advertiser (where Advertiser is a recruitment agency) to be carried on the Website
Candidate	A person who uses the Website to search for a position;
The Financial Times	Defined in clause 1
The Financial Times Service	The Financial Times Ltd's websites and services including offline components.
Intellectual Property Rights	All copyright, patent rights, trade or service marks, design rights, rights in or relating to databases, rights in or relating to confidential information, moral rights, passing off and unfair competition rights and all other intellectual property rights (registered or unregistered and including applications and future rights) throughout the world;
Search Criteria Information	Information selected by the Advertiser to define the criteria for Candidates sought in respect of an Ad, and selected by Candidates to define criteria for Ads sought, in both cases by means of selecting certain tick-boxes from the selection provided by The Financial Times on the Website;
Third Party Content	Any content of any Ad in which the Intellectual Property Rights or any other rights are owned by a third party;
User	A person who uses the Website to search for a position;
Website	The website available at url www.exec-appointments.com and such other urls as The Financial Times selects from time to time to point to that site.