Website terms and conditions of use

This legal notice applies to the entire contents of these websites under the domain names www.michaelbaileyassociates.com, www.michaelbaileyassociates.de and www.michaelbaileyassociates.nl ("Websites") and to any correspondence by e-mail between us and you. These Terms should be read alongside, and are in addition to, our Privacy Policy, which can be found here.  Please read these terms and conditions carefully before using these websites. Using these websites indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use these Websites.

1. General

1.1 You acknowledge that the Internet or Michael Bailey Associates Groups’ systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication connectivity problems or other facts beyond the control of Michael Bailey Associates Group and you acknowledge that Michael Bailey Associates Group will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

1.2 You will be able to access some areas of these Websites without registering your details with us. Certain areas of these Websites are only open to you if you register.

1.3 By accessing any part of these Websites, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave these Websites immediately.

1.4 Michael Bailey Associates Group may revise this legal notice at any time by updating this posting. You should check these Websites from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages on these Websites.

2. Membership condition

The Websites’ services are not available to, and may not be used by, persons under the age of 16 years of age, or who are temporarily or indefinitely suspended Website members. If you are under 16 years old, you can use this service only in conjunction with the supervision of a parent or guardian. If you are business entity, you represent that you have the authority to bind that entity to this Agreement.

3. Registration

You must choose a password on completion of registration. You shall be responsible for all actions taken under that password and shall only access the Websites using your own password. You should not disclose your password to any other person.

4. Changes

4.1 Michael Bailey Associates Group may make changes in or withdraw any of the services described in these websites and at any time without notice.

4.2 The services which Michael Bailey Associates Group offers to candidates are entirely gratuitous and Michael Bailey Associates Group shall not be obliged to maintain or continue any services offered to candidates on these Websites. Without prejudice to the generality of the foregoing Michael Bailey Associates Group reserves the right to suspend or cancel the provision of any service to any particular candidate for any reason whatsoever.

4.3 Michael Bailey Associates Group reserves the right to change these terms and conditions of use by changing them on these websites.

5. Information emails you may send us or submit

5.1 You should ensure that information you send to us is accurate and you are prohibited from posting or transmitting to or from these Websites any material that is libellous, obscene, indecent, seditious, pornographic, menacing, threatening, offensive, abusive, liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience, fraudulent, which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringes the rights of any third party, in the UK or any other country in the world; which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data) or for which you have not obtained all necessary licences and/or approvals.

5.2 You may not misuse the Websites (including, without limitation) by hacking or committing fraud.

5.3 Michael Bailey Associates Group will fully co-operate with any law enforcement authorities or court order requesting or directing Michael Bailey Associates Group to disclose the identity or locate anyone posting any material, misusing the Websites or otherwise purporting to breach the law in contravention of paragraphs 6 .1 or 6.2.

5.4 If you breach of any of the terms contained in paragraphs 6.1 and 6.2 Michael Bailey Associates Group will terminate the services provided by these Websites.

5.5 Michael Bailey Associates Group accepts no responsibility or liability for the use by any agency, employer or other third party of any CV about you forwarded to any agency, employer (whether by Michael Bailey Associates Group or you) or to any third party which comes to your attention directly or indirectly through your use of these Websites.

6.6 If you apply for any job or jobs using the Websites you consent to Michael Bailey Associates Group monitoring and storing the information provided, along with the contents of any email.

6. Links

6.1 Michael Bailey Associates Group does not make any representation as to the security, quality or propriety of any website which may be accessed through these Websites. Linked websites accessed through these Websites are independent websites over which Michael Bailey Associates Group does not exercise any control, whether financial, editorial or any other kind and are not in any way endorsed by Michael Bailey Associates Group.

6.2 Accordingly Michael Bailey Associates Group has no responsibility or liability to you in respect of any products or services purchased or obtained by you from any such linked website nor in respect of the use of any personally identifying information by any such linked website or its owner. If you decide to access any of the third party websites linked to these Websites, you do so entirely at your own risk.

6.3 You shall not link to these Websites without the express written permission of Michael Bailey Associates Group.

6.4 If you have been granted permission to link to these Websites, you may only do so on the basis that you link to, but do not replicate, the home page of these Websites, and subject to the following conditions:

  • (a) you do not remove, distort or otherwise alter the size or appearance of the "Michael Bailey Associates Group" logo;
  • (b) you do not create a frame or any other browser or border environment around any of these Websites;
  • (c) you do not in any way imply that Michael Bailey Associates Group is endorsing any products or services other than its own;
  • (d) you do not misrepresent your relationship with Michael Bailey Associates Group nor present any other false information about Michael Bailey Associates Group.

7. Copyright

7.1 These Websites contain copyright material, trade names and other proprietary information, including but not limited to, design, text, software and graphics. The entire contents of these Websites are protected by copyright law. Michael Bailey Associates Group, or its licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the content, in whole or in part except as provided below.

7.2 You may download information from these Websites for your own personal use only. Except as otherwise expressly permitted under copyright law, no copyright, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading copyright material.

7.3 If you breach any of the terms in this legal notice, your permission to use these Websites automatically terminates and you must immediately destroy any downloaded or printed extracts from these Websites.

8. Viruses etc.

Michael Bailey Associates Group will not be liable to you for any direct, indirect, consequential, special or other damage resulting from the transmission from these Websites to your computer systems of viruses, worms, Trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a program or any data howsoever stored whether saved on a computer system or otherwise.

9. Trade names

www.michaelbaileyassociates.com, www.michaelbaileyassociates.de and www.michaelbaileyassociates.nl and its logos on this site are trade names of Michael Bailey Associates Group. You may not use these names or logos without our consent.

10. How Michael Bailey Associates Group uses information which we hold about you

The Internet is not a secure medium. However, Michael Bailey Associates Group will use its reasonable endeavours to keep the personal information it receives about you confidential although nothing in these terms and conditions shall restrict or prohibit Michael Bailey Associates Group disclosing personal information to recruitment agencies or employers in circumstances where you have expressly or by implication given your consent to do so including for example where you have submitted your CV containing such information. Michael Bailey Associates Group uses your information in accordance with its Privacy Policy from time to time and you consent to the use of your information in such way.

11. Losses resulting from unauthorised access to your data

You accept the risk that data transmitted electronically via these Websites or otherwise may be intercepted before reaching its intended destination or accessed by unauthorised third parties and may be exploited unlawfully by such third parties. Michael Bailey Associates Group does not assume responsibility for guarding against the acts of such third parties and shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties' interception of or access to data of whatever nature.

12. International Data Transfer

Michael Bailey Associates Group is an international group of companies and trading partners that operates in numerous worldwide locations.  We also work with business partners and clients in multiple worldwide locations.  We may transfer the personal information we collect to any country where we do business.  Those countries may not have the same data protection laws as the country in which you reside.  No matter where we transfer personal information collected, that information will be subject to the policies and protections described by this notice.

13. Liability

13.1 Michael Bailey Associates Group excludes all liability it may have to you to the fullest extent permitted by law (and whether such liability arises in contract, tort or otherwise) as a result of your use of these Websites or your accepting of a job vacancy obtained directly or indirectly through these Websites.

13.2 Nothing in these terms and conditions shall exclude Michael Bailey Associate Group's liability for death or personal injury due to its negligence or for fraudulent misrepresentation.

13.3 If your use of material on these Websites results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.

14. Disclaimer

14.1 While Michael Bailey Associates Group endeavours to ensure that the information on these Websites is correct, Michael Bailey Associates Group does not warrant the accuracy and completeness of the material on these Websites. Michael Bailey Associates Group may make changes to the material on these Websites at any time without notice. The material on these Websites may be out of date, and Michael Bailey Associates Group makes no commitment to update such material. Please note that you will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences. By using the Websites you agree to all risks and agree that Michael Bailey Associates Group is not responsible for the acts or omissions of others.

14.2 The material at these Websites is provided "as is" without any conditions, warranties or other terms of any kind. Accordingly to the maximum extent permitted by law, Michael Bailey Associates Group provides you with these Websites on the basis that Michael Bailey Associates Group excludes all representations, warranties, conditions and other terms which but for this legal notice might have effect in relation to these Websites.

14.3 Michael Bailey Associates Group shall not be liable to you for any loss or damage suffered, of any nature whatsoever as a result of your using these Websites or our services.

15. Governing law

If not actually the case, the contract under which you use these websites shall be deemed to have been made in the UK and the construction, validity and performance of these terms and conditions of use shall be governed in all respects by the UK law and the UK courts shall have non-exclusive jurisdiction in respect of any dispute between you and Michael Bailey Associates Group concerning your use of any of these Websites.

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