1.2. By using the Website and/or Portal, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to all of the Terms, you must not use the Website and/or Portal.
1.3.These Terms should be read in conjunction with any other contractual agreement you may have with Wincanton.
1.4.Your use of the Website and/or Portal is subject any other relevant conditions including but not limited to any contractual agreement you may have with Wincanton.
1.5.You are responsible for ensuring that all persons who access the Website and/or Portal through your device(s) are aware of these Terms, and that they comply with them.
1.6.We update the Terms from time to time ("Updated Terms"). If we do so, then the Updated Terms will be brought to your attention and if you continue to use the Website and/or Portal following such notification then the Updated Terms will be deemed to take immediate effect. Date of last update: [ 24th April 2017 ]
1.7.We may update and change the Website and/or Portal from time to time, but we will try to give you reasonable notice of any major changes.
1.8.We do not guarantee that the Website and/or Portal, or any content on it, will always be available, uninterrupted or suitable for viewing on your computer or other device. We may suspend or withdraw or restrict the availability of all or any part of the Website and/or Portal for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.
2. Who we are and how to contact us
2.1.The Website and/or Portal is operated on behalf of Wincanton plc a public limited company registered in England and Wales under number 04178808 and has its registered office at Methuen Park, Chippenham, Wiltshire, SN14 0WT ("Wincanton").
2.2.You may contact us at any time if you have any questions about these Terms at: firstname.lastname@example.org
Creating an Account
2.3. In order to use the Website and/or Portal we will provide you with a username and a password to create and activate your Account. Once you have logged in to your Account for the first time, you must change your password to a strong password that you will remember. You are responsible for all of the activity that occurs in association with your Account.
2.4. If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
2.5.We reserve the right to disable your Account at any time if, in our reasonable opinion, you have failed to comply with any of the provisions of the Terms.
3. Acceptable Usage
3.1.The Website and/or Portal may be used by any person and who has created an Account.
3.2.You may print off a copy, and may download extracts, of any page(s) from the Website and/or Portal solely for the purpose of recruitment and/or potential employment with Wincanton. If you print off, copy or download any part of the Website and/or Portal in breach of the Terms, your right to use the Website and/or Portal will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
3.3.You must not use the Website and/or Portal for unlawful purposes.
3.4.When using the Website and/or Portal you must not:
(a) do anything that breaches any applicable laws;
(b) access or attempt to access sections of the Website and/or Portal that you do not have authority to access;
(c) do anything which places an unreasonably large load on the Website and/or Portal or the computer systems on which the Website and/or Portal runs;
(d) modify, adapt or reverse engineer any element of the Website and/or Portal;
(e) knowingly or recklessly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful or malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware ("Computer Viruses");
(f) attempt to disrupt or interfere with the Website and/or Portal or another person's use of the Website and/or Portal in any way or use the Website and/or Portal to disrupt or interfere with our network;
(g) upload, post, comment or share any content to the Website and/or Portal that:
- is inaccurate or defamatory;
- contains any material that is obscene, offensive, hateful or inflammatory;
- promotes sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
- infringes any intellectual property right of us or any other person;
- breaches any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promotes any illegal activity;
- constitutes an invasion of another's privacy;
- is likely to harass, upset or embarrass another person.
(h) probe, scan or test the vulnerability of the Website and/or Portal or any network to which it is connected;
(i) intentionally or recklessly corrupt any data, documents or material available through the Website and/or Portal; or
(j) assist, encourage or permit any other person to do any of the acts described above.
3.5.You also agree that you will not:
(a) post any copies or downloads of materials which come from the Website and/or Portal on any networked computer, or publish them or make any statements or undertake any actions in relation to them;
(b) modify, reproduce, duplicate, copy or re-sell any part of the Website and/or Portal or copies (digital or paper) of any materials you have printed off from the Website and/or Portal;
(c) remove any indications of ownership from any material which came from the Website and/or Portal or claim it as your own or as that of any other organisation or person.
3.6. If you use the Website and/or Portal to upload, comment, post or share any content in breach of section 4.4. (g) above, we will flag such content as inappropriate and remove it from the Website and/or Portal.
4. Content generated by other users
4.1.The Website and/or Portal may include information, comments, suggestions or posts by other users of the Website and/or Portal, and these have not been verified or approved by us. The views expressed on the Website and/or Portal by other users do not represent our views or values. If you wish to complain about information and materials uploaded by other users, please contact us (see Who we are and how to contact us above).
5. Your Privacy
5.1.We will hold and process any personal data (including sensitive personal data) collected for the purpose of administering the Website and/or Portal in accordance with the Data Protection Act 1998.
5.2.You may give us information when you create an Account, comment or post via the Website and/or Portal or by corresponding with us (for example by telephone or email) in relation to the Website and/or Portal. This may include without limitation, your name, personal address, emailaddress, salary information, employment history, telephone number, criminal convictions, reference information, equal opportunities anonymised information for reporting purposes and any criminal convictions. We may also automatically collect information from your browser when you interact with the Website and/or Portal. This may include your IP address, your visits to the Website and/or Portal and location information.
5.3.We may use any personal data collected in connection with your use of the Website and/or Portal in the following ways:
- to contact you in relation to your application submitted by you via the Website and/or Portal;
- to facilitate the recruitment process;
- to manage your Account and respond to your queries;
- to deactivate your Account for any reason;
- to carry out our obligations arising from any contractual agreements that you may have with Wincanton;
- to allow you to participate in interactive features of our service, when you choose to;
- to contact you with any updates or changes to the Website and/or Portal Terms;
- to answer your support queries in the event that you contact us about a technical issue that you are experiencing with the Website and/or Portal;
- to administer the Website and/or Portal;
- to deal with any complaints or alleged misuse or misconduct through your use of the Website and/or Portal, in breach of these Terms or otherwise;
- to meet our legal and regulatory obligations and to protect our legitimate interests.
5.4.We may share some or all of the data we collect from you in connection with your use of the Website and/or Portal with:
• Companies within the Wincanton group;
• Wincanton third party suppliers for the purposes of operation of the Website and/or Portal;
• To third parties where we have retained them to provide services that we have requested including references, qualifications and criminal reference checking services, verification of the details you have provided from third party source, psychometric evaluation or skill test;
• To third parties, regulatory or law enforcement agencies if we believe in good faith that we are required by law to disclose it in connection with the detection of crime, the collection of taxes or duties, in order to comply with any applicable law or order of a court of competent jurisdiction, or in connection with legal proceedings;
• To use your information on an anonymised basis to monitor compliance with our equal opportunities policy;
• In the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets;
5.5.We may transfer your personal data outside of the European Economic Area for the purposes of providing the Website and/or Portal services. If we do, we will only do so in accordance the provisions of this section 6 of these Terms, and we will ensure that appropriate measures are put in place to ensure a legally required adequate level of protection of your personal data.
5.7. If you wish to delete your Account you can do so by contacting us at [email@example.com] When you do this we will deactivate your Account and delete your personal information (unless we are required to retain it by law).
5.8. If you would like to see or change your personal information, or if you have any questions about the information we hold about you or about Your Privacy please contact us at [firstname.lastname@example.org].
5.9.The Data Protection Act 1998 gives you the right to access information held about you. Your right of access can be exercised in accordance with that Act. If you would like to make such a request, please write to us using the contact details set out in the "Who we are and how to contact us" section above.
5.10.The Information Commissioner’s Office (ICO) regulates data protection and privacy matters in the United Kingdom. They make a lot of information accessible to consumers on their website and they ensure that the registered details of all data controllers, such as Wincanton, are available publicly. You can access them at www.ico.org.uk.
6. Intellectual Property
6.1.We are the owner or the licensee of all intellectual property rights (including copyright, designs and database rights) in the Website and/or Portal, and in the material published on it.
6.2.Any trademarks of Wincanton used on the Website and/or Portal are the proprietary marks of Wincanton and you are not permitted to use these trademarks.
6.3.Website and/or Portal.
6.4.You agree that all intellectual property rights (including copyright, designs and database rights) subsisting (or which may in the future subsist) in all suggestions submitted to the Website and/or Portal shall automatically, on creation, vest in Wincanton absolutely. To the extent that they do not vest automatically, you hold them on trust for Wincanton, and you agree to promptly execute all documents and do all acts as may, in the opinion of Wincanton, be necessary to give effect to
this clause 7.4.
6.5.You hereby irrevocably waive all moral rights under the Copyright, Designs and Patents Act 1988 (and all similar rights in other jurisdictions) which you have or may have in any existing of future works referred to in clause 7.4.
7. Limit of Liability
7.1.We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
7.2. Although we make reasonable efforts to update the information on the Website and/or Portal, we make no representations or warranties, express or implied, that the content on the Website and/or Portal is accurate, complete or up to date.
7.3.Subject to clause 8.1, although we make reasonable efforts to ensure that the Website and/or Portal is a secure environment we do not guarantee that the Website and/or Portal will be secure or free from Computer Viruses. We shall not be liable for any loss or damage you may suffer as a result of a Computer Virus harmful content transmitted via the Website and/or Portal.
7.4.We will not be liable, in contract, tort (including, without limitation, negligence), pre-contract or other representations (other than fraudulent or negligent misrepresentations) or otherwise out of or in connection with these Terms for any indirect or consequential loss or damage arising out of your use of or in connection with the Website and/or Portal.
8. Other important terms
8.1.These Terms, their subject and formation, are governed by English law. The courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or their subject matter or formation (including, without limitation, noncontractual disputes or claims).
8.2.Each paragraph of the Terms operates separately. If a court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
8.3. If we do not insist immediately that you do anything you are required to do under the Terms, or if we delay in taking steps against you in respect of your breach of the Terms, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
8.4. If you fail to comply with these Terms we may immediately temporarily or permanently withdraw you right to use the Website and/or Portal.