Terms and Conditions

Terms Of Use

Hamilton Barnes Associates Limited

I.  Introduction

These Terms of Use (the “Terms of Use”) govern your use of the Hamilton Barnes Associates Limited website located at www.hamilton-barnes.co.uk/ (the “Site”).

Please read these Terms of Use carefully as they affect your rights and liabilities under the law.   BY USING A SITE, YOU AGREE TO THESE TERMS OF USE; IF YOU DO NOT AGREE, PLEASE DO NOT USE THE SITE.

If you have any questions about these Terms of Use, please contact matthew@hamilton-barnes.com (Operations Manager).

If you are seeking to order or instruct HAMILTON BARNES for the provision of recruitment services, our standard Terms of Business apply. To request a copy of our Terms of Business, please contact the Operations Manager.

Section II.  Who is Hamilton Barnes Associates Limited?

Hamilton Barnes Associates Limited (“HBAL”) has several affiliates and subsidiaries throughout the world providing niche technology recruitment services.

Section III.  Use of Our Site

The Site is operated in order to assist you in understanding Hamilton Barnes’ services and in communicating with us.  This Site is provided for your personal or business use subject to these Terms of Use.

Section IV.  Privacy

Your privacy is important to us.  If you have any questions about how we collect, process, store, use and delete your personal data or personally identifiable information (collectively, “PII”), please request a copy of our Privacy Policy from the Operations Manager, for review. We may release information relating to you to regulatory or law enforcement authorities, with or without notice to you, if required to do so by applicable law.

Section V.  Changes to these Terms of Use

Hamilton Barnes reserves the right, at its sole discretion, to change, modify, add or remove any portion of these Terms of Use in whole or in part, at any time.  It is your responsibility to check these Terms of Use periodically for changes. Your continued use of a Site following the posting of changes will mean that you accept and agree to the changes.

Section VI.  Website User Conduct

While using the Sites, you shall not:

•Disrupt or interfere with the security of the Site or otherwise abuse any service provided on the Site or linked website.

•Disrupt, interfere or abuse any other user’s use or enjoyment of the Site.

•Obtain unauthorised access to any part of the Site that is restricted from public access.

•Introduce to the Site or imbed in the Site and “deep-link”, “page-scrape”, “robot”, “spider” or other automatic device, program, algorithm or methodology, or any similar or equivalent process, to access, acquire, copy or monitor any portion of the Site or its Content (as defined below).

•Probe, scan or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site.

•Use the Site or any of its Content for any purpose that is unlawful or prohibited by these Terms of Use.

Section VII.  Receiving Communications from HBAL

On the Site, you may elect to receive communications from us, including via email, about jobs or candidates that may be of interest to you or your company. If you so elect, you will have to provide us with your email address and other information, including PII, so that we can send you the communications.  You must ensure that the details provided by you are correct and complete.  You must inform us immediately of any changes to the information that you provided when registering by updating your personal details. This will enable us to communicate with you effectively.  Some of the information that you provide to us on the Site is PII.  Our storage, processing, use and deletion of your PII is subject to the Privacy Policy.

If you register to use a Site or create an account on the Site, you will be asked to create a password. To prevent fraud, it is your responsibility to keep this password (or passwords) confidential and you must not disclose to anyone. If you suspect that someone else knows your password, you should notify us immediately by contacting the Operations Manager.  If Hamilton Barnes has reason to believe that there is or is likely to be a breach of security or misuse of the Site, we may ask you to change your password or we may even suspend your account.

Section VIII.  Suspension or Cancellation of your Account, Registration or Usage of the Site

We seek to make sure that the Sites are safe and operating correctly for all users.  Therefore, we reserve the right to suspend or cancel your registration or account, or ability to use or visit any of the Sites immediately at our discretion if we believe that you are in breach any of your obligations under these Terms of Use or if you or your use of any of the Sites poses any risk to the safety or proper operation of the Site or Sites.

You can cancel your registration or account at any time by logging onto the Site or by emailing the Operations Manager.

The suspension or cancellation of your registration and your right to use the Site shall not affect either party’s statutory rights or liabilities.

Section IX.  Information you Submit to us via the Site

Except for your PII, any information, including but not limited to, remarks, suggestions, ideas, graphics, or other submissions, communicated to us through this Site is the exclusive property of HBAL. HBAL is entitled to use any information submitted for any purpose, without restriction (except as stated in the Privacy Policy linked to and incorporated into these Terms of Use) or compensation to the person sending the submission, including you. You acknowledge the originality of any submission communicated to HBAL over the Site and accept responsibility for its accuracy, appropriateness, and legality.

Section X.  Availability of the Site

Hamilton Barnes cannot guarantee that the Site, or any of the Sites, or the Content on any Site will be free of fault or available 100% of the time. If a fault occurs in the service, please report it to the Operations Manager. If we are informed of any inaccuracies in the Content or of a fault, we will attempt to correct the inaccuracies or fault as soon as reasonably possible.

Access to the Site may occasionally be restricted to allow for repairs, maintenance or the introduction of new facilities or services. We will endeavour to restore the service as soon as possible.

Section XI.  Links to Third Party Websites

The Site may contain links to other websites including independent third-party websites. Although we exercise reasonable care in providing links to third party websites that may be of interest to you or are related to our recruitment services, Hamilton Barnes is not responsible for the content, security, availability and privacy practices used by such linked websites. We recommend that before using or providing any information, including PII, to any third party linked to the Site, that you review the third party and its privacy practices.

The linked pages are provided solely for your convenience and are not under our control.  Hamilton Barnes is not responsible for, and does not endorse, the content of these linked websites nor their services or practices. You will need to make your own independent judgment regarding your interaction with these parties and websites.

Section XII.  You Indemnify Hamilton Barnes

By using the Site, you shall indemnify, defend and hold us and our officers, directors, employees, predecessors, successors, agents and business partners harmless from any loss, liability, claim, judgment, demand, damage or expense (including reasonable attorney’s fees), asserted by any third party relating to your use of this Site or breach of these Terms of Use.

Section XIII.  Content

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork, computer code and service marks (collectively, “Content”) including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content is owned, controlled or licensed by or to Hamilton Barnes, and is protected.  The owners of the marks on the Site retain all rights in and to the marks. Nothing grants users the right to use, reproduce or display any of the marks.

Except as expressly provided in these Terms of Use, no part of the Site or Content may be copied, republished, reproduced, uploaded, encoded, translated, downloaded, displayed, distributed, posted, transmitted or sold in any form or by any means in whole or in part without prior written permission of Hamilton Barnes.

You shall not reproduce or reuse this Site or any Content for any commercial purpose whatsoever.

All page headers, button icons, collection material, custom graphics and all other types of graphics used on this Site shall not be copied or imitated without the right owner’s permission.

Section XIV.  DISCLAIMER

WHILST HAMILTON BARNES HAS USED REASONABLE EFFORTS TO PRODUCE THE MOST ACCURATE AND RELIABLE INFORMATION ON THE SITE, WE DO NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF ANY INFORMATION ON OR ACCESSED THROUGH THE SITE INCLUDING THE CONTENT. IF HAMILTON BARNES IS INFORMED OF ANY INACCURACIES IN THE MATERIAL OR CONTENT ON THE SITE, WE WILL ATTEMPT TO CORRECT THE INACCURACIES AS SOON AS WE REASONABLY CAN.

HAMILTON BARNES DOES NOT PROMISE THAT THE SITE OR ANY CONTENT WILL BE ERROR-FREE OR UNINTERRUPTED.

THE SITE AND ITS CONTENT ARE DELIVERED ON AN “AS-IS” “WHERE IS” AND “AS-AVAILABLE” BASIS.

ALL INFORMATION PROVIDED ON THE SITE IS SUBJECT TO CHANGE WITHOUT NOTICE.  HAMILTON BARNES CANNOT ENSURE THAT ANY FILE OR OTHER DATA YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES.  TO THE FULLEST EXTENT OF APPLICABLE LAW, HAMILTON BARNES DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTIES OF ACCURACY, OWNERSHIP, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.  HAMILTON BARNES MAKES NO REPRESENTATION, WARRANTY OR GUARANTEE IN RESPECT OF ANY OF THE EXISTENCE OR AVAILABILITY OF ANY VACANCY POSTED ON THE SITE; (FOR JOB CANDIDATES) THAT ANY EMPLOYER OR HBAL CLIENT WILL REQUEST YOUR CV, ASK TO INTERVIEW YOU OR RECRUIT YOU, OR THE TERMS, CONDITIONS, PAY OR DURATION OF ANY JOB OBTAINED, WHOLLY OR PARTIALLY, THROUGH THE SITE.  HAMILTON BARNES DISCLAIMS ANY AND ALL LIABILITY FOR THE ACTS, OMISSIONS AND CONDUCT OF ANY THIRD PARTIES IN CONNECTION WITH OR RELATED TO YOUR USE OF THE SITE AND/OR ANY HAMILTON BARNES SERVICES.  YOU ASSUME TOTAL RESPONSIBILITY FOR YOUR USE OF THE SITE AND ANY LINKED SITES.

THE ABOVE DISCLAIMER APPLIES TO ANY (I) FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE RELATED TO THE SITE AND (II) THEFT OR DESTRUCTION OF, OR UNAUTHORISED ACCESS TO, ALTERATION OF, OR USE, ANY INFORMATION ON THE SITE, INCLUDING THE CONTENT, OR ANY USER GENERATED CONTENT PUT ONTO THE SITE.

Section XV.  Limitation of Liabilities/Cap (Please read carefully)

SOLE REMEDY.TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOUR SOLE REMEDY AGAINST HAMILTON BARNES FOR ANY CLAIMS ARISING OUT OF YOUR USE OF THE SITE OR YOUR DISSATISFACTION WITH THE SITE OR ANY OF THE CONTENT, IS TO STOP USING THE SITE.

DIRECT DAMAGES LIMITATION.IF, NOTWITHSTANDING THE FOREGOING, HAMILTON BARNES OR ANY OF THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, PREDECESSORS, SUCCESSORS, AGENTS AND BUSINESS PARTNERS, ARE FINALLY FOUND TO BE LIABLE TO YOU BY A COURT OF COMPETENT JURISDICTION FOR DIRECT DAMAGES, THEN HAMILTON BARNES’ AND ITS OFFICERS’, DIRECTORS’, EMPLOYEES’, PREDECESSORS’, SUCCESSORS’, AGENTS’ AND BUSINESS PARTNERS’ AGGREGATE LIABILITY TO YOU (OR ANYONE CLAIMING BY, THROUGH UNDER YOU OR ON YOUR BEHALF) SHALL, IN NO EVENT, EXCEED £1,000 EXCEPT THAT THESE TERMS OF USE SHALL NOT LIMIT OR AFFECT OUR LIABILITY IF SOMETHING WE DO NEGLIGENTLY CAUSES DEATH OR PERSONAL INJURY TO YOU.

NO INDIRECT/SPECIAL/PUNITIVE/CONSEQUENTIAL DAMAGES.  IN NO EVENT WILL HAMILTON BARNES AND OUR OFFICERS, DIRECTORS, EMPLOYEES, PREDECESSORS, SUCCESSORS, AGENTS AND BUSINESS PARTNERS BE LIABLE TO YOU (OR ANYONE CLAIMING BY, THROUGH UNDER YOU OR ON YOUR BEHALF) OR ANY THIRD PARTY FOR ANY, INDIRECT, EXEMPLARY, SPECIAL, INCIDENTAL, PUNITIVE (INCLUDING LOST PROFITS) OR CONSEQUENTIAL DAMAGES RELATING TO OR ARISING OUT OF, IN ANY WAY, YOUR USE OF THIS SITE, EVEN IF HAMILTON BARNES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH RISK OR DAMAGES.

Section XVI.  Miscellaneous

Your rights under these Terms of Use may not be transferred to any other person or entity. Hamilton Barnes may assign or transfer our rights under these Terms of Use without your consent or notice to you.

If you breach these Terms of Use and we do not act upon it at the time, Hamilton Barnes will still be entitled to use its rights and remedies later or if you commit further breaches of the Terms of Use.  We shall not be responsible for any breach by HBAL of these Terms of Use caused by circumstances beyond our reasonable control.

If you have any queries, please contact the Operations Manager.

Hamilton Barnes Associates Limited, Registration No. [09026290], registered in the United Kingdom with a registered office at: 1-2 Broadgate, London EC2M 2QS.

Last updated July 2019