Date: 03 May 2022
1. Acceptance

SFB Ventures Ltd (company number: 10693014) (“SFB”, “We”, or “Us”) is a company registered in England and Wales with the registered office situated at Third Floor Library Building, Sun Street, Tewkesbury, Gloucestershire, United Kingdom, GL20 5NX, and our VAT number is 355077196.  SFB operates jobs.salesforceben.com (the “Site”) and provides Services through the Site for the purpose of facilitating recruitment process between job Posters and Candidates, as the Site is designed for.

These terms and conditions (“Terms”) apply to your access to and / or use of any content on or product or service through the Site provided by Us (“Agreement”).  This Agreement is effective upon acceptance of these Terms through successful registration of an Account as defined in section 2.  To the maximum extent permitted by law, no terms are implied by trade, custom, practice or course of dealing.

Any access to or use of any content on or product or service through the Site are subject to these Terms and Privacy Notice, which may change from time to time without notice in SFB’s sole discretion and will have immediate effect and apply to you once published on the Site.  If you do not accept these Terms and / or Privacy Notice, you must cease any access or use of the Site or any product or service provided on the Site and leave the Site immediately.  Your continued access to or use of any content on or Services through the Site means you have fully read, understood and accepted to be bound by these Terms and Privacy Notice.

We may transfer our rights and / or obligations under these Terms to another organisation. We will inform you any of such transfer in writing, and implement necessary measures to secure your rights not to be affected by such transfer. 

2. Definitions and interpretations

Unless otherwise stated, the terms with specific meanings apply to these Terms are as follows: 

Account: means an account registered for the use of Services on the Site.

Fees Schedule: means the schedule listing Services available on the Site provided by SFB and their fees, and is an integral part of these Terms.

Intellectual Property Rights: mean patents, utility models, rights to inventions, copyright and related rights, trade marks and service marks, trade names and domain names, rights in get-up, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to preserve the confidentiality of information (including know-how and trade secrets) and any other intellectual property rights, including all applications for (and rights to apply for and be granted), renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist, now or in future, in any part of the world.

Job Poster: means who look for suitable candidate for a job via the Site.

Candidate: means who look for a job via the Site.

Services: means products and services available on the Site provided by SFB.

User: means any individual who access to or use the Site.

Unless otherwise stated, these Terms are interpreted as follows:

reference to a statute or statutory instrument or any of its provision is to be construed as a reference to that statute or statutory instrument or such provision as from time to time amended or re-enacted;

words denoting singular shall include plural and vice versa; words denoting any gender shall include all genders;

references to clauses, sections, paragraphs and schedules are references to respectively clauses, sections, paragraphs or schedules of these Terms; and

all headings, titles and captions are for convenience only, which shall not define, describe, limit or extend the scope or intent of these Terms.

  3. Account and Account security

User

An Account registration is required to access or use the Site or Services.  You agree to ensure all information provided for Account registration must be correct, current and complete.  You must handle your account name, password and all other pieces of information of your Account as confidential.  You must not transfer or assign your Account or any right or interest in your Account to another party without SFB’s prior written consent.

You agree to notify Us of any unauthorised access to or use of your Account immediately upon your discovery of such security breach.  You acknowledge and agree that you have the responsibility to log-off your Account at the end of each session, and be cautious for and when accessing the Site from any public or shared computer or network to reduce the risk of security breach.

Job Poster

Job Poster’s Account allows user access level configuration, and only User with the administrator right can configure user access levels.  User with the administrator right is responsible for ensuring Account access to be granted to authorised parties only and ensuring parties who are granted Account access will only access and use the Site in compliance with these Terms and Privacy Notice. 

Candidate

Candidate who registers and owns an Account must have reached the minimum age for employment under the applicable law of where he / she resides and is based in.

4. Services, fees and payments

User

Information of Services and their fees are provided and charged in accordance with Fees Schedule where any promotional free trial may differ from, such as different predetermined period of job posting available on the Site.

With respect to subscription purchase, subscription term starts once the relevant payment is processed.  User who purchases subscription acknowledges, agrees and authorises SFB to store the payment method (e.g., credit card information) and to charge such payment method automatically according to the purchased subscription until User cancels that subscription.  If the provided payment method fails, SFB may suspend any and all Services available under that subscription without notice.  Any subscription cancellation must be made thirty (30) days in advance of the next subscription renewal day to avoid renewal charge.  If User purchased any subscription with commitment for a period but subsequently cancelled or failed to pay that subscription before the end of that commitment period, the User’s Account would be deactivated and any information, including but not limited to contact and payment information, used for the registration of that User’s Account might be disallowed to be used for registering new Account or using with other Accounts in future indefinitely, and any other Account using such information of the time may also be affected.  All paid fees are non-refundable and User who cancelled his / her subscription will continue to have access to Services as subscribed to until the end of that purchased subscription term.

SFB may change any fee or Services in Fees Schedule at SFB’s sole discretion and at any time. If SFB changes fees for subscription plans, Users who purchased such plans will be notified and given an option to proceed subscription cancellation without penalty.  If any applicable statutory fee or tax, including but not limited to VAT, changes during a purchased subscription term, SFB will adjust the fee in the subsequent bill to User to reflect such change accordingly.

SFB may launch new Services, which may subject to additional fees, and their details will be made available in Fees Schedule.

 Job Poster

Services to Posters may include unlimited job postings to be made searchable to Candidates on the Site, the use of which must comply with the fair usage principle i.e., not to duplicate same or post similar job postings for same job vacancy unreasonably frequent / within unreasonable short period.  Any abusive use of the privilege of the unlimited job postings may be subject but not limited to job posting removals under section 8 of these Terms.

Candidate 

Services to Candidate may include making his / her contact information and resume searchable to Job Posters where Candidate acknowledges, agrees and authorises: SFB to share his / her contact information and resume to Job Posters who may reach out to Candidate for recruitment purpose proactively, SFB to retain his / her resume for job matching purposes, and resume uploaded to the Site may be reformatted by technological means to fit the Services operation on the Site that SFB does not guarantee result of such reformatting.  Candidate is, at any time, free to remove his / her resume from the Site, or set it as private i.e., available to Candidate himself / herself only.

5. Content standards

If any material posted on, uploaded to or sent via the Site does not comply with our content standards in our view, We may remove such materials without notice in our sole discretion.

User

All Users agree and ensure that all information posted on, uploaded to or sent via the Site:

• are correct, current, complete and accurate;
• are not misleading or fraudulent;
• neither violate any applicable law nor promote any illegal activities; 
• do not infringe any third party’s right, including but not limited to Intellectual Property Rights;
• do not contain or promote any material which is offensive, abusive, violent, defamatory, pornographic, discriminatory (of sex, race, religion, etc.) or otherwise prohibited by law or unacceptable to commonly recognised moral standards; and
• do not promote or involve in any commercial activities such as sales or marketing.

Job Poster

Job Poster must include job title, salary (range), job location (i.e., country and city), contract type, accurate and honest job description, and required qualification and experience in every job posting.

Candidate

Candidate must not include non-resume related information to be posted on or uploaded to the Site, including cover letter.

6. Prohibited use of the Site

The Site can be used for lawful purposes only, such as the legitimate recruitment purpose as the Site is designed for in accordance with these Terms.  You agree not to use the Site, in any way or in any manner or by any means, to:

• violate or attempt to violate any applicable local or international law, regulation or rule;
• breach or attempt to breach the Site’s security; or
• interfere or attempt to interfere the Site or any third party’s use of the Site, including but not limited to attacking, disabling or overburdening the Site or any of the Services provided on the Site.

7. Communication 

Job Posters and Candidates can (and are encouraged to) communicate through the Site, and all communications happen on the Site are subject to the content standards stipulated under section 5 of these Terms. 

You acknowledge and agree that SFB, in any way, do not and cannot be responsible for or liable to any communication conducted outside the Site, and you take your own risk to communicate with other Users by means other than via the Site. 

8. Responsibility, enforcement and termination

All Users acknowledge and agree that they are solely and fully responsible for the lawfulness, accuracy and other qualities of any and all materials or information they submit to, post on or send via the Site.  

SFB is neither Job Poster nor Candidate or any agent of any of them in relation to any use of any Services on the Site, unless otherwise specified in particular job posting.  SFB does not and cannot guarantee or warrant any job application submitted or message sent via the Site will be read by their recipients or may lead to any result or stage of recruitment process. 

SFB is neither bound nor obliged but has the right to monitor any and all materials and contents posted on the Site at any time.  We have the right, at our sole discretion and at any time, for any reason in our view, including but not limited to any violation of these Terms, to:

• remove, refuse to post or block any content on or message sent via the Site;
• suspend any access to the Site or any Services in part or in whole indefinitely; and / or
• close your Account and terminate this Agreement.

9. Links to third party websites or resources

The Site may contain links to third parties’ websites or resources, and they are for your convenience only.  SFB neither has control of or on any of the contents or materials on or accessible via these websites or resources, nor endorse any of them in any way.  If you access or use any of these third-party websites or resources, you acknowledge and agree that it is done solely at your own risks, and SFB do not accept any responsibility or loss, directly or indirectly, arising from your access to or use of any of them.

10. Notices

Any announcement posted on or message sent via the Site is deemed sufficient notice to Users from SFB, and Users are deemed to have received such notice on the date such announcement posted on or message sent via the Site.

Any notice from Users to SFB is deemed sufficient and to have received by SFB only if such notice is sent to jobs@salesforceben.com.

This section does not apply to the service of any proceedings or other documents in any legal action or, where applicable, arbitration or other alternative dispute resolution methods.

11. Intellectual Property Rights

All Intellectual Property Rights in all materials and contents, including but not limited to text, graphics, images, typographical arrangements, databases and software (collectively, the “Materials”) on the Site belong and shall belong to SFB or relevant third-party owners, as the case may be, and you have no rights or interests in or to any of the Materials.  You acknowledge and agree that any of the Materials made available to you are exclusively for your access to and use of Services on the Site which you can use only for lawful and legitimate business purposes in accordance with these Terms.  You must not copy, reproduce, download, modify, (re)distribute, (re)publish, transmit or otherwise any of the Materials, except temporary and incidental storage during the process of accessing or using the Site or Services.

12. Confidentiality and personal data protection

SFB takes reasonable steps to comply and will comply with the obligations and duty of confidentiality under the applicable law and act in accordance with our Privacy Notice in processing the information you supply to Us.  By accessing or using the Site or Services, you consent that We process your information, including personal data, in compliance with our Privacy Notice.

13. Warranties 

You confirm and warrant to SFB that you have all the necessary rights, power and authority to enter into this Agreement and to supply any material, information or content to SFB via the Site in order to access and use Services, and all supplied materials, information and contents are free from any infringement or violation of any third-party right.

You expressly waive your right to enforce your Intellectual Property Rights, including the associated rights such as moral rights, in any material, information or content against SFB in connection with any use of the Site or Services.

You acknowledge, agree and accept your sole responsibility for the lawfulness of your actions, inactions or omissions under laws applicable to you.

14. Disclaimer and limitation of liability

SFB endeavours to provide and keep the Site and Services safe and secure, error- and virus-free and smooth operation, but we do not and cannot guarantee you to have undisrupted access to or use of the Site or Services, and operation or performance of the Site or Services may be unstable or have delays beyond our control.

SFB, including our directors, employees and agents as well as our subsidiaries and affiliates shall not be liable to you in contract, tort of negligence or otherwise for any loss (including but not limited to information, profits, opportunities, goodwill, etc.) which is not or cannot be reasonably foreseen by Us arising, directly or indirectly, from

• accessing or using the Site or Services;
• delay or disruption of the Services;
• technical or technological glitches, bugs or errors of any kind affecting the Site or Services;
• any action, inaction or omission by any party, including Users; or
• any action taken by us under sections 4 and / or 8 of these Terms.

To the maximum extent permitted by law, SFB makes no warranty or representation of any accuracy, completeness, reliability, validity and quality of any content available on the Site.

To the maximum extent permitted by law, the Site and Services operated or provided by SFB are operated or provided “as is”, “as available” and “with all fault”, and SFB expressly disclaims any and all express or implied warranties, including but not limited to accuracy, completeness reliability, validity and quality.

If SFB is found to be liable to you or any third-party, our maximum aggregate liability to you or any third-party arising from such single or series of connected events is limited to four thousand and eight hundred (4,800) British Pound Sterling (£/GBP).  Notwithstanding, our liability for death or personal injury resulting from our negligence, or for fraudulent misrepresentation, will not be excluded or limited by these Terms.

15. Indemnities

You agree to, without limit, defend, indemnify, and hold harmless SFB, including our directors, employees and agents, from and against any and all losses, liabilities, demands, claims, costs and expenses (including reasonable legal costs and disbursements) and / or damages (incurred or suffered by or awarded against SFB) arising out of or relating to, directly or indirectly,

• any of your violation of these Terms or Privacy Notice, including but not limited to through submitting, posting or sending any material, information or content on or via the Site; or
• any your use of any material, information or content of the Site or Services other than as expressly authorised under these Terms or Privacy Notice, or your use of any information obtained from the Site.

16. Relationship

Nothing in the entire agreement as stipulated under section 19 creates or intends to create agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship between SFB and any User.

17. Third-party rights

A party who is not a party to this Agreement has no right under the Contracts (Rights of Third Parties) Act 1999 to enforce any part of these Terms or Privacy Notice.

18. Force majeure

Neither party shall be liable for any breach of these Terms directly or indirectly caused by circumstances beyond the reasonable control of that party and which prevent that party from performing its obligations to the other, provided that a lack of funds shall not be regarded as a circumstance beyond that party’s reasonable control.

19. Entire agreement

These Terms, Privacy Notice and all rules and policies posted on the Site are the entire agreement between you and SFB, and supersede all prior, written and verbal, agreements, arrangements and understandings of any kind between you and SFB.

20. Severability

All sections in these Terms are construed and enforceable independently of each other and each of its validity shall not be affected if any of the others is invalid.  If any section, in whole or in part, of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed as deleted, but it shall not affect the validity and enforceability of the rest of these Terms which shall remain in full force and effect.  If it happens, the parties shall, in good faith, negotiate and agree appropriate substitute to achieve the intended result of the original section.

21. Governing law and jurisdiction

The entire agreement as stipulated under section 19 in these Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the law of England and Wales, and English courts will have the exclusive jurisdiction to determine such dispute or claim.

22. Survival

Sections 12 – 15 of these Terms survive any termination of this Agreement.