Acceptable Use

Please Read The Terms Of This Policy Carefully Before Using The Site.

PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE

This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.

Who we are and how to contact us

lilacjobs.co.uk is a site operated by Lilac Jobs Ltd (“We”). We are registered in Scotland under company number SC768202 and have our registered office at 30&34 Reform Street, Dundee, DD1 1RJ. To contact us, please email [EMAIL ADDRESS].

By using our site you accept these terms

By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

Our website terms and conditions [INSERT AS LINK TO SITE’S TERMS AND CONDITIONS] also apply to your use of our site.

We may make changes to the terms of this policy

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. [These terms were drafted in June 2023 and will be reviewed frequently.]

Prohibited uses

You may not use our site:

  • In any way that breaches any applicable local, national or international law or regulation.
  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • For the purpose of harming or attempting to harm minors in any way.
  • To bully, insult, intimidate or humiliate any person.
  • To send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards.
  • To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
  • In any way that involves child sexual exploitation or abuse.
  • To upload terrorist content.

You also agree:

  • Not to reproduce, duplicate, copy or re-sell any part of our site in contravention of the provisions of our terms of website use [INSERT AS LINK TO SITE’S TERMS OF USE].
  • Not to access without authority, interfere with, damage or disrupt:
    • any part of our site;
    • any equipment or network on which our site is stored;
    • any software used in the provision of our site; or
    • any equipment or network or software owned or used by any third party.
Interactive services

We may from time to time provide interactive services on our site, including, without limitation:

  • Video-sharing facilities.
  • Chat rooms.
  • Bulletin boards.

(interactive services.)

Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).

We will do our best to assess any possible risks for users (and in particular, for children) from third parties when they use any interactive service provided on our site, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not foolproof. Minors who are using any interactive service should be made aware of the potential risks to them.

Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.

We do not store terrorist content.
Content standards

These content standards apply to any and all material which you contribute to our site (Contribution), and to any interactive services associated with it.

The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.

Lilac Jobs Ltd will determine, in its discretion, whether a Contribution breaches the Content Standards.

A Contribution must:

  • Only contain links owned or operated by the prospective employer.
  • Only contain information on job vacancies, their location, salary, and term.
  • Be accurate (where it states facts).
  • Be genuinely held (where it states opinions).
  • Comply with the law applicable in the United Kingdom and in any country from which it is posted.

A Contribution must not:

  • Be defamatory of any person.
  • Be obscene, offensive, hateful or inflammatory.
  • Bully, insult, intimidate or humiliate.
  • Promote sexually explicit material.
  • Include child sexual abuse material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trade mark of any other person.
  • Be likely to deceive any person.
  • Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal content or activity.

    Be in contempt of court.

    Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.

    Be likely to harass, upset, embarrass, alarm or annoy any other person.

    Impersonate any person or misrepresent your identity or affiliation with any person.

    Give the impression that the Contribution emanates from Lilac Jobs Ltd, if this is not the case.

    Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

    Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism.

    For the avoidance of doubt, for any Contribution in the form of video content:

    • You must tell us immediately if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism, and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating, and other material that might impair the physical, mental, or moral development of persons under the age of 18 (restricted material).
    • You must not upload a video containing harmful material.
    • You must not upload a video containing advertising for any of the following:
      • cigarettes and other tobacco products, electronic cigarettes, or electronic cigarette refill containers, and prescription-only medicine; or
      • for alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.
    • Any advertising included in a video you upload must not:
      • prejudice respect for human dignity;
      • include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age, or sexual orientation;
      • encourage behavior prejudicial to health or safety;
      • encourage behavior grossly prejudicial to the protection of the environment;
      • cause physical, mental or moral detriment to persons under the age of 18;
      • directly exhort such persons to purchase or rent goods or services in a manner that exploits their inexperience or credulity;
      • directly encourage such persons to persuade their parents or others to purchase or rent goods or services;
      • exploit the trust of such persons in parents, teachers, or others; or
      • unreasonably show such persons in dangerous situations.
    • You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.
    Breach of this policy

    When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.

    Failure to comply with this acceptable use policy constitutes a material breach of the terms of use [INSERT AS LINK TO TERMS OF USE] upon which you are permitted to use our site and may result in our taking all or any of the following actions:

    • Immediate, temporary or permanent withdrawal of your right to use our site.
    • Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
    • Issue of a warning to you.
    • Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
    • Further legal action against you.
    • Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.

    We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.

    How this contract can be transferred

    We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.

    Which country’s laws apply to any disputes?

    If you are a consumer, these terms are governed by Scots law and wherever you live, you can bring claims against us in the Scottish courts. If you live in Wales, England, or Northern Ireland, you can also bring claims against us in the courts of the country you live in. We can claim against you in the courts of the country you live in.

    If you are a business, the terms of this policy, its subject matter, and its formation (and any non-contractual disputes or claims) are governed by Scots law. We agree to the exclusive jurisdiction of the courts of Scotland.

TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES THROUGH THE LILAC JOBS PLATFORM
Background
Lilac Jobs is an online platform aimed at allowing End Users to browse for temporary jobs and be put in touch with a wide range of Employers (“Platform”).
“We” or “we” are Lilac Jobs Ltd, a company incorporated in Scotland (company number SC768202) with our registered office at 30 & 34 Reform Street, Dundee, DD1 1RJ (“Lilac Jobs”). We can be contacted at [insert means of contact via telephone, email, and mail].
“You”, “you” or “Employer” is the entity or individual who contracts to use the Platform, for the purpose of enabling End Users to browse and apply for job vacancies.
For the purposes of these terms and conditions, we and you are each a ‘party’.
These terms and conditions apply to your use of the Platform and by accessing and using the Platform you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you should not use or access the Platform.
Agreed terms
1. Interpretation

The definitions and rules of interpretation in this clause apply in these terms and conditions.

Additional Terms: the additional terms agreed between Lilac Jobs and the Employer and which shall incorporate (and be deemed to form part of) these terms and conditions.

Authorised Users: means the employees, agents, and other personnel of the Employer who are authorized to use the Platform.

Confidential Information: information that is proprietary or confidential and is either clearly labeled as such or identified as Confidential Information in clause 11.

Data Protection Laws: means all applicable data protection and privacy legislation in force from time to time in the UK including, without limitation, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (“UK GDPR”); the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and the guidance and codes of practice issued by the Information Commissioner’s Office or other relevant regulatory authority and which are applicable to a party.

End User: any individual who accesses the Platform with a view to browsing or applying for any of the listed vacancies uploaded to the Platform by the Employer.

Initial Subscription Term: means the initial minimum period (as detailed in the Additional Terms) during which the Employer contracts to purchase the Services from Lilac Jobs, on the basis set out in these terms and conditions.

Intellectual Property: means patents, utility models, rights to inventions, copyright and neighboring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights owned or used by Lilac Jobs, in each case whether registered or unregistered and including all applications 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 the future in any part of the world.

Services: means the provision by Lilac Jobs to the Employer of access to, and the right to use, the Platform for the purposes of posting job vacancies for the benefit of End Users.

Subscription Fees: means the fees payable by the Employer to Lilac Jobs for access to the Platform to allow the Employer to advertise job vacancies.

Term: means the period during which the Services are provided by Lilac Jobs, as set out in the Additional Terms.

2. Our Services
2.1. Subject to you making payment of the sums payable under these terms and conditions and/or the Additional Terms, we will provide the Services to you, on the basis set out in these terms and conditions, in order to permit you to list information regarding your business and the vacancies that you have available on the Platform.
2.2. Although we aim to provide uninterrupted access to the Platform, we do not take responsibility for issues outwith our control (including, without limitation, internet or connection issues). There may also be delays or interruptions from time to time due to our upgrading, modification, or standard maintenance of the Platform. Specifically, we do not guarantee:
(a) the availability of the Platform on each and every device or platform all of the time;
(b) that any technical issues which arise can be resolved quickly; or
(c) that the Platform is error, virus, or bug-free.
2.3. Lilac Jobs shall not be liable for any interruption, delay, or other issue arising from the presence of any virus or malware introduced via an unknown source, and the Employer acknowledges that, in such event, Lilac Jobs may be required (without liability to the Employer) to suspend the provision of the Services pending resolution of the matter.
2.4. We reserve the right to:
(a) alter, modify or upgrade the Platform (and/or its associated IT systems) in any way and/or to develop or acquire from time to time alternative or replacement systems in order to provide the Services, providing that the performance or functionality of the Platform is not materially diminished or adversely impacted to any material extent as a result thereof; and
(b) amend these terms and conditions from time to time, and your continued use of the Platform (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any change to the terms and conditions, then you should immediately stop using the Platform.
2.5. For the avoidance of doubt, we shall have no liability for any failure or delay in providing the Services to the extent that such failure or delay is caused by force majeure or by any default, delay, or failure on the part of the Employer, its employees, agents, or contractors, Authorised Users, or End Users.
3. Employer’s Obligations
3.1. The Employer shall, during the Term, be permitted to use the Platform to post job vacancies for End Users, subject to these terms and conditions.
3.2. The Employer shall:
(a) use commercially reasonable endeavors to ensure job listings are suitable for the Platform;
(b) provide Lilac Jobs with:
(i) all necessary cooperation in relation to these terms and conditions; and
(ii) all necessary access to such information as may be required by Lilac Jobs;
(c) without affecting your other obligations under these terms and conditions, comply with all applicable laws and regulations with respect to your activities under these terms and conditions; and
(d) carry out your responsibilities set out in these terms and conditions in a timely and efficient manner.
3.3. The Employer shall be entitled to issue its own terms and conditions or terms of business to End Users, as may be required, in relation to the job vacancies, and Lilac Jobs shall accept no liability whatsoever in respect of any such terms that the Employer may issue to the End User. Any contract or arrangement entered into between the Employer and the End User is entered into between them only, and Lilac Jobs is not a party thereto.
3.4. By accepting these terms and conditions, you agree to use the Platform lawfully and for the sole purpose of posting details of job vacancies and engaging with End Users who may potentially fill any vacancies. Further, you shall at all times use the Platform in a manner that does not infringe the rights of third parties or restrict or inhibit the use and enjoyment of the Platform by any other employer or user. Specifically, you agree you shall not:
(a) use the Platform for the transmission of any spam or computer viruses;
(b) do anything that brings (or in our opinion is likely to bring) Lilac Jobs into disrepute;
(c) upload to, distribute, store, or display upon or through the Platform any material which:
(i) is unlawful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
(ii) facilitates illegal activity;
(iii) depicts sexually explicit images or promotes unlawful violence;
(iv) is discriminatory based on race, gender, color, religious belief, sexual orientation, or disability; or
(v) is otherwise illegal or causes damage or injury to any person or property;
(d) embed, upload, or make any of the Platform available via any third-party platform, website, or service without our prior written consent;
(e) copy, reproduce, or otherwise publish any of our trademarks or logos without our prior written consent;
(f) frame the Platform on other websites without our prior written consent; or
(g) attempt to copy, modify, duplicate, create derivative works from, frame, republish, transmit, or distribute any part of the Platform or sub-license or transfer your rights to use the Platform.
3.5. You shall ensure that the Authorised Users use the Services and the Platform in accordance with these terms and conditions, and you shall be responsible for any Authorised User’s breach hereof.
3.6. In relation to the Authorised Users, the Employer undertakes that:
(a) each Authorised User shall keep a secure password for their use of the Platform, that such password shall be changed periodically, and that each Authorised User shall keep their password confidential; and
(b) it shall maintain a written, up to date list of current Authorised Users and provide such list to Lilac Jobs promptly upon request.
4. Charges, Subscriptions, and Payment
4.1. The Employer shall pay the fees to Lilac Jobs as further detailed in the Additional Terms, as notified to the Employer.
4.2. All amounts and fees stated or referred to in these terms and conditions (including any Additional Terms):
(a) shall be payable in pounds sterling;
(b) are exclusive of value-added tax, which shall be added at the appropriate rate; and
(c) shall, if not paid on their due date, be liable to interest at the rate of [4]% per annum over the base lending rate of the Bank of England from time to time, from the due date until payment in full is made.
4.3. Lilac Jobs shall be entitled (at any time following the expiry of the Initial Subscription Term) to increase the level of the Subscription Fees payable by you, upon giving at least 30 days’ prior written notice to the Employer (which notice may be given prior to the expiry of the Initial Subscription Term provided that such increase shall not take effect until on or after the expiry thereof).
4.4. Lilac Jobs shall accept no liability for any vacancy that is accepted by the End User but not fulfilled by the End User.
5. Termination
5.1. Following the expiry of the Initial Subscription Term, the provision of the Services under these terms and conditions may be terminated by either Lilac Jobs or the Employer on giving at least sixty (60) calendar days’ written notice to the other. Either party may serve notice to terminate during the Initial Subscription Term, provided that such notice shall not take effect until the end of the Initial Subscription Term. Where written notice is given by either party under this clause 5.1, all Subscription Fees or other sums due to Lilac Jobs (to the extent not already received by Lilac Jobs) up to the expiry of the notice period shall be paid forthwith by the Employer to Lilac Jobs.
5.2. Without affecting any other right or remedy available to it, either Lilac Jobs or the Employer may terminate the provision of Services pursuant to these terms and conditions with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any of its obligations under these terms and conditions, and where such breach is capable of remedy, has not remedied such breach within thirty (30) calendar days of written notice specifying the breach;
(b) the other party is subject to bankruptcy or insolvency proceedings; becomes insolvent; makes any composition or arrangement with creditors or an assignment for their benefit (other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party); is subject to proceedings for the appointment of an administrator; goes into liquidation whether voluntary or compulsory (except for the purpose of solvent amalgamation or reconstruction); has a receiver or administrative receiver of any assets appointed; or a petition, notice, resolution, or order for or in connection with the winding up of that other party is presented (other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party); or where a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration, or other such process is levied or enforced on or sued against, the whole or any part of the other party’s assets and such attachment or process is not discharged within 14 business days;
(c) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 5.2(b); or
(d) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
5.3. On termination of the Services provided pursuant to these terms and conditions for any reason:
(a) all licenses granted under these terms and conditions shall immediately terminate;
(b) any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these terms and conditions which existed at or before the date of termination, shall not be affected or prejudiced.
6. Data Protection
6.1. Lilac Jobs shall ensure that it complies in all material respects with all applicable Data Protection Laws.
6.2. The Employer undertakes to comply with all its obligations under the Data Protection Laws.
6.3. Lilac Jobs shall have no responsibility for the Employer’s compliance with Data Protection Laws, and Lilac Jobs shall have no liability for the breach by the Employer of any such laws.
7. Intellectual Property
7.1. You acknowledge that all rights in and to the Intellectual Property used in connection with the Platform, Services, and our business and the goodwill connected with that (“Lilac Jobs Intellectual Property”) are, and shall remain, the property of Lilac Jobs. For the avoidance of doubt, this does not affect your title to any trademarks, trade names, or other proprietary marks which you may display upon the Platform in connection with your business and/or the job vacancy posted. By agreeing to these terms and conditions, you hereby license Lilac Jobs to use your proprietary names and marks for the purposes of providing the Services.
7.2. You agree and accept that:
(a) you are permitted to use the Lilac Jobs Intellectual Property only for the purposes of receiving the Services pursuant to these terms and conditions and only as authorized by us in these terms and conditions or otherwise in writing;
(b) other than to that extent, you have and shall have no right to use or to allow others to use the Lilac Jobs Intellectual Property or any part of it;
(c) you shall not seek to register any Lilac Jobs Intellectual Property without our prior written consent;
(d) you shall not use any trademarks, trade names, or get-up which resemble our trademarks, trade names, or get-up and which would therefore be likely to confuse or mislead the public or any section of the public;
(e) you shall not remove or alter any trademarks, trade names, or logos used by us in connection with the Services; and
(f) you shall not do or omit to do, or authorize any third party to do or to omit to do, anything which could infringe, invalidate or be inconsistent with the Lilac Jobs Intellectual Property.
7.3. You shall immediately notify us of:
(a) any actual, threatened, or suspected infringement of any Lilac Jobs Intellectual Property of which you become aware; and
(b) any claim by any third party, of which you become aware, that the Platform or the provision of the Services infringes any rights of any other person.
TERMS AND CONDITIONS FOR THE PROVISION OF SERVICES THROUGH THE LILAC JOBS PLATFORM
Background
Lilac Jobs is an online platform aimed at allowing End Users to browse for temporary jobs and be put in touch with a wide range of Employers (“Platform”).
“We” or “we” are Lilac Jobs Ltd, a company incorporated in Scotland (company number SC768202) with our registered office at 30 & 34 Reform Street, Dundee, DD1 1RJ (“Lilac Jobs”). We can be contacted at [insert means of contact via telephone, email, and mail].
“You”, “you” or “Employer” is the entity or individual who contracts to use the Platform, for the purpose of enabling End Users to browse and apply for job vacancies.
For the purposes of these terms and conditions, we and you are each a ‘party’.
These terms and conditions apply to your use of the Platform and by accessing and using the Platform you agree to be bound by the terms and conditions set out below. If you do not agree to be bound by these terms and conditions, you should not use or access the Platform.
Agreed terms
1. Interpretation

The definitions and rules of interpretation in this clause apply in these terms and conditions.

Additional Terms: the additional terms agreed between Lilac Jobs and the Employer and which shall incorporate (and be deemed to form part of) these terms and conditions.

Authorised Users: means the employees, agents, and other personnel of the Employer who are authorized to use the Platform.

Confidential Information: information that is proprietary or confidential and is either clearly labeled as such or identified as Confidential Information in clause 11.

Data Protection Laws: means all applicable data protection and privacy legislation in force from time to time in the UK including, without limitation, the retained EU law version of the General Data Protection Regulation ((EU) 2016/679) (“UK GDPR”); the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended, and the guidance and codes of practice issued by the Information Commissioner’s Office or other relevant regulatory authority and which are applicable to a party.

End User: any individual who accesses the Platform with a view to browsing or applying for any of the listed vacancies uploaded to the Platform by the Employer.

Initial Subscription Term: means the initial minimum period (as detailed in the Additional Terms) during which the Employer contracts to purchase the Services from Lilac Jobs, on the basis set out in these terms and conditions.

Intellectual Property: means patents, utility models, rights to inventions, copyright and neighboring and related rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets), and all other intellectual property rights owned or used by Lilac Jobs, in each case whether registered or unregistered and including all applications 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 the future in any part of the world.

Services: means the provision by Lilac Jobs to the Employer of access to, and the right to use, the Platform for the purposes of posting job vacancies for the benefit of End Users.

Subscription Fees: means the fees payable by the Employer to Lilac Jobs for access to the Platform to allow the Employer to advertise job vacancies.

Term: means the period during which the Services are provided by Lilac Jobs, as set out in the Additional Terms.

2. Our Services
2.1. Subject to you making payment of the sums payable under these terms and conditions and/or the Additional Terms, we will provide the Services to you, on the basis set out in these terms and conditions, in order to permit you to list information regarding your business and the vacancies that you have available on the Platform.
2.2. Although we aim to provide uninterrupted access to the Platform, we do not take responsibility for issues outwith our control (including, without limitation, internet or connection issues). There may also be delays or interruptions from time to time due to our upgrading, modification, or standard maintenance of the Platform. Specifically, we do not guarantee:
(a) the availability of the Platform on each and every device or platform all of the time;
(b) that any technical issues which arise can be resolved quickly; or
(c) that the Platform is error, virus, or bug-free.
2.3. Lilac Jobs shall not be liable for any interruption, delay, or other issue arising from the presence of any virus or malware introduced via an unknown source, and the Employer acknowledges that, in such event, Lilac Jobs may be required (without liability to the Employer) to suspend the provision of the Services pending resolution of the matter.
2.4. We reserve the right to:
(a) alter, modify or upgrade the Platform (and/or its associated IT systems) in any way and/or to develop or acquire from time to time alternative or replacement systems in order to provide the Services, providing that the performance or functionality of the Platform is not materially diminished or adversely impacted to any material extent as a result thereof; and
(b) amend these terms and conditions from time to time, and your continued use of the Platform (or any part thereof) following such change shall be deemed to be your acceptance of such change. It is your responsibility to check regularly to determine whether these terms and conditions have been changed. If you do not agree to any change to the terms and conditions, then you should immediately stop using the Platform.
2.5. For the avoidance of doubt, we shall have no liability for any failure or delay in providing the Services to the extent that such failure or delay is caused by force majeure or by any default, delay, or failure on the part of the Employer, its employees, agents, or contractors, Authorised Users, or End Users.
3. Employer’s Obligations
3.1. The Employer shall, during the Term, be permitted to use the Platform to post job vacancies for End Users, subject to these terms and conditions.
3.2. The Employer shall:
(a) use commercially reasonable endeavors to ensure job listings are suitable for the Platform;
(b) provide Lilac Jobs with:
(i) all necessary cooperation in relation to these terms and conditions; and
(ii) all necessary access to such information as may be required by Lilac Jobs;
(c) without affecting your other obligations under these terms and conditions, comply with all applicable laws and regulations with respect to your activities under these terms and conditions; and
(d) carry out your responsibilities set out in these terms and conditions in a timely and efficient manner.
3.3. The Employer shall be entitled to issue its own terms and conditions or terms of business to End Users, as may be required, in relation to the job vacancies, and Lilac Jobs shall accept no liability whatsoever in respect of any such terms that the Employer may issue to the End User. Any contract or arrangement entered into between the Employer and the End User is entered into between them only, and Lilac Jobs is not a party thereto.
3.4. By accepting these terms and conditions, you agree to use the Platform lawfully and for the sole purpose of posting details of job vacancies and engaging with End Users who may potentially fill any vacancies. Further, you shall at all times use the Platform in a manner that does not infringe the rights of third parties or restrict or inhibit the use and enjoyment of the Platform by any other employer or user. Specifically, you agree you shall not:
(a) use the Platform for the transmission of any spam or computer viruses;
(b) do anything that brings (or in our opinion is likely to bring) Lilac Jobs into disrepute;
(c) upload to, distribute, store, or display upon or through the Platform any material which:
(i) is unlawful, threatening, defamatory, obscene, infringing, harassing, or racially or ethnically offensive;
(ii) facilitates illegal activity;
(iii) depicts sexually explicit images or promotes unlawful violence;
(iv) is discriminatory based on race, gender, color, religious belief, sexual orientation, or disability; or
(v) is otherwise illegal or causes damage or injury to any person or property;
(d) embed, upload, or make any of the Platform available via any third-party platform, website, or service without our prior written consent;
(e) copy, reproduce, or otherwise publish any of our trademarks or logos without our prior written consent;
(f) frame the Platform on other websites without our prior written consent; or
(g) attempt to copy, modify, duplicate, create derivative works from, frame, republish, transmit, or distribute any part of the Platform or sub-license or transfer your rights to use the Platform.
3.5. You shall ensure that the Authorised Users use the Services and the Platform in accordance with these terms and conditions, and you shall be responsible for any Authorised User’s breach hereof.
3.6. In relation to the Authorised Users, the Employer undertakes that:
(a) each Authorised User shall keep a secure password for their use of the Platform, that such password shall be changed periodically, and that each Authorised User shall keep their password confidential; and
(b) it shall maintain a written, up to date list of current Authorised Users and provide such list to Lilac Jobs promptly upon request.
4. Charges, Subscriptions, and Payment
4.1. The Employer shall pay the fees to Lilac Jobs as further detailed in the Additional Terms, as notified to the Employer.
4.2. All amounts and fees stated or referred to in these terms and conditions (including any Additional Terms):
(a) shall be payable in pounds sterling;
(b) are exclusive of value-added tax, which shall be added at the appropriate rate; and
(c) shall, if not paid on their due date, be liable to interest at the rate of [4]% per annum over the base lending rate of the Bank of England from time to time, from the due date until payment in full is made.
4.3. Lilac Jobs shall be entitled (at any time following the expiry of the Initial Subscription Term) to increase the level of the Subscription Fees payable by you, upon giving at least 30 days’ prior written notice to the Employer (which notice may be given prior to the expiry of the Initial Subscription Term provided that such increase shall not take effect until on or after the expiry thereof).
4.4. Lilac Jobs shall accept no liability for any vacancy that is accepted by the End User but not fulfilled by the End User.
5. Termination
5.1. Following the expiry of the Initial Subscription Term, the provision of the Services under these terms and conditions may be terminated by either Lilac Jobs or the Employer on giving at least sixty (60) calendar days’ written notice to the other. Either party may serve notice to terminate during the Initial Subscription Term, provided that such notice shall not take effect until the end of the Initial Subscription Term. Where written notice is given by either party under this clause 5.1, all Subscription Fees or other sums due to Lilac Jobs (to the extent not already received by Lilac Jobs) up to the expiry of the notice period shall be paid forthwith by the Employer to Lilac Jobs.
5.2. Without affecting any other right or remedy available to it, either Lilac Jobs or the Employer may terminate the provision of Services pursuant to these terms and conditions with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any of its obligations under these terms and conditions, and where such breach is capable of remedy, has not remedied such breach within thirty (30) calendar days of written notice specifying the breach;
(b) the other party is subject to bankruptcy or insolvency proceedings; becomes insolvent; makes any composition or arrangement with creditors or an assignment for their benefit (other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party); is subject to proceedings for the appointment of an administrator; goes into liquidation whether voluntary or compulsory (except for the purpose of solvent amalgamation or reconstruction); has a receiver or administrative receiver of any assets appointed; or a petition, notice, resolution, or order for or in connection with the winding up of that other party is presented (other than for the sole purpose of a scheme for a solvent amalgamation of that other party with one or more other companies or the solvent reconstruction of that other party); or where a creditor or encumbrancer of the other party attaches or takes possession of, or a distress, execution, sequestration, or other such process is levied or enforced on or sued against, the whole or any part of the other party’s assets and such attachment or process is not discharged within 14 business days;
(c) any event occurs, or proceeding is taken, with respect to the other party in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events mentioned in clause 5.2(b); or
(d) the other party suspends or ceases, or threatens to suspend or cease, carrying on all or a substantial part of its business.
5.3. On termination of the Services provided pursuant to these terms and conditions for any reason:
(a) all licenses granted under these terms and conditions shall immediately terminate;
(b) any rights, remedies, obligations, or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of these terms and conditions which existed at or before the date of termination, shall not be affected or prejudiced.
6. Data Protection
6.1. Lilac Jobs shall ensure that it complies in all material respects with all applicable Data Protection Laws.
6.2. The Employer undertakes to comply with all its obligations under the Data Protection Laws.
6.3. Lilac Jobs shall have no responsibility for the Employer’s compliance with Data Protection Laws, and Lilac Jobs shall have no liability for the breach by the Employer of any such laws.
7. Intellectual Property
7.1. You acknowledge that all rights in and to the Intellectual Property used in connection with the Platform, Services, and our business and the goodwill connected with that (“Lilac Jobs Intellectual Property”) are, and shall remain, the property of Lilac Jobs. For the avoidance of doubt, this does not affect your title to any trademarks, trade names, or other proprietary marks which you may display upon the Platform in connection with your business and/or the job vacancy posted. By agreeing to these terms and conditions, you hereby license Lilac Jobs to use your proprietary names and marks for the purposes of providing the Services.
7.2. You agree and accept that:
(a) you are permitted to use the Lilac Jobs Intellectual Property only for the purposes of receiving the Services pursuant to these terms and conditions and only as authorized by us in these terms and conditions or otherwise in writing;
(b) other than to that extent, you have and shall have no right to use or to allow others to use the Lilac Jobs Intellectual Property or any part of it;
(c) you shall not seek to register any Lilac Jobs Intellectual Property without our prior written consent;
(d) you shall not use any trademarks, trade names, or get-up which resemble our trademarks, trade names, or get-up and which would therefore be likely to confuse or mislead the public or any section of the public;
(e) you shall not remove or alter any trademarks, trade names, or logos used by us in connection with the Services; and
(f) you shall not do or omit to do, or authorize any third party to do or to omit to do, anything which could infringe, invalidate or be inconsistent with the Lilac Jobs Intellectual Property.
7.3. You shall immediately notify us of:
(a) any actual, threatened, or suspected infringement of any Lilac Jobs Intellectual Property of which you become aware; and
(b) any claim by any third party, of which you become aware, that the Platform or the provision of the Services infringes any rights of any other person.