Legal

 

TERMS AND CONDITIONS

 

1.  About us

1.1  These terms and conditions (the “Terms”) govern your access to and use of this website, www.growing-talent.co.uk (the “Website”) and your use of Growing Talent itself.

1.2  The Website belongs to Growing Talent, which is a free of charge, not for profit community employability initiative operated by Jane James’s Consultancy Limited (“Growing Talent”).

1.3  Jane James’s Consultancy Limited is a company registered in England under company number 8812042 at Leonard House, 1st Floor, 5-7 Newman Street, Bromley, Kent BR1 1RJ (the “Company” or “we”, “our” and “us”).

1.4  Please read these Terms carefully. By continuing to access and use the Website and applying for or participating in Growing Talent in any way, you are deemed to have understood and agreed to be bound by the Terms, our privacy policy and cookie policy.

1.5  If you do not accept these Terms, you should not use the Website or apply to or take part in Growing Talent in any way.

 

2.  Growing Talent

2.1  Growing Talent provides a forum whereby:

(a) employers may submit their vacancies to Growing Talent in accordance with these Terms (“Employer” or “Employers”);

(b) persons seeking employment who meet the criteria under ‘Who Can Apply’ on the Website may apply for a place on Growing Talent in accordance with these Terms (“Candidate” or “Candidates”);

(c) Candidates who meet such criteria will be invited to a first stage assessment with the Growing Talent team;

(d) if a Candidate successfully completes (in Growing Talent’s opinion) the first stage assessment, he/she will be invited to a second stage assessment where they will meet a group of prospective Employers. The Employers will then decide which Candidates should be offered a place on Growing Talent;

(c)  if a Candidate is offered a place on Growing Talent, this means that he/she will participate in a training programme comprising an orientation week followed by 11 weeks’ training by the matched Employer.  During this period a week long holistic course including personal fitness, finance, mental health first aider training and wellbeing support at a location determined by the Growing Talent team (the “Programme”) will also be delivered.

2.2  Growing Talent will organise and be responsible for the costs of the orientation and holistic weeks of each Programme, as well as a Disclosure and Barring Service basic check on Candidates.

2.3  For the purposes of these Terms, Candidates who are successful (in the Company’s opinion) in applying for a place on, and commence, a Programme are defined as “Participant” or “Participants”.

2.4  If a Participant successfully completes a Programme (in the Company’s opinion), he/she will be offered employment with the relevant Employer on a permanent basis from that point.

2.5  Growing Talent and the Programme are only available to persons aged 18 and over who meet the criteria for application listed under ‘Who Can Apply’ on the Vacancy Form section of the Website.

 

3.  Use of and information on the Website

3.1  The Website contains text, data, graphics, photographs, illustrations, artwork, names, logos, trademarks, service marks, designs, typographical arrangements, material and information (the “Information”). The Company uses reasonable endeavours to ensure the Information is accurate and up to date. However, the Information on this Website may or may not have been prepared by the Company and is made available without responsibility on the part of the Company, its officers or employees.

3.2  The Company does not guarantee the accuracy, timeliness, completeness, performance or fitness for a particular purpose of the Website or any of the Information. Whilst we try to ensure that all content on the Website is correct at the time of publication, no responsibility is accepted by or on behalf of the Company, its officers or employees for any errors, omissions or inaccurate content on the Website.

3.3  From time to time, certain files of Information may be available for download from the Website. Any such files of Information are subject to these Terms.

3.4  The Company reserves the right, at its absolute discretion, to suspend, restrict or terminate access to the Website at any time, for any reason and without notice to Website users (including but not limited to Candidates, Participants and Employers).

 

4.  Candidate’s obligations

4.1  In using the Website, all Candidates agree that:

(a) they will not post any offensive, malicious, discriminatory, unlawful or otherwise inappropriate material, nor will they upload any computer viruses, worms, logic bombs, Trojan Horses or other malicious software or programmes, anywhere on the Website, including but not limited to applications by Candidates for a place on the Programme (“Application” or Applications”);

(b) they will not interfere with, disrupt or do anything that compromises the security of the Website;

(c­) they will not use the Website to transmit junk mail, spam, chain letters, or engage in other flooding techniques or mass distribution of unsolicited mail;

(d) they will use the Website for personal use only and not for any commercial use;

(e) once they have submitted an Application, they cannot alter, delete or otherwise change the information they have included therein;

(f) they are responsible for any costs associated in accessing the Website, including but not limited to broadband, download costs and limits, signal strength, electricity and the provision of a computer;

(g) their use of the Website and its content is at their own risk; and

(h) from time to time we may display links on the Website to partners and other third parties, including their websites. Candidates’ use of such partners’ and/or other third parties’ websites and information is at their own risk and the Company has no liability whatsoever for any content therein or any Candidate’s use thereof.

4.2  In applying for a place on Growing Talent Programme, all Candidates warrant that any information they provide to Employers and/or the Company, including but not limited to registration details and information contained in any Application, is complete and accurate to the best of their knowledge.

4.3  All Candidates agree that, following submission of any Application:

(a) they will submit to a Disclosure and Barring Service basic check and any other vetting Growing Talent requires (at Growing Talent’s cost);

(b) they will co-operate fully with the relevant Employer’s selection process for the 11 weeks’ training element of the Programme;

(c) they will comply with the relevant Employer’s vetting policies from time to time in force (copies are available on request from that Employer);

(d) they will use their best endeavours to attend any interviews and other appointments required in order for the relevant Employer to assess their suitability for the 11 weeks’ training element of the Programme; and

(e) nothing in these Terms shall render any Candidate as an employee, worker, agent or partner of the Company, Growing Talent or any Employer.

4.4  Candidates may claim reimbursement from their Job Centre of reasonable travelling expenses in attending interviews as part of their Application, subject to production of receipts and other documentary evidence as required by the Job Centre. Growing Talent will inform Candidates if they can claim reimbursement for travelling expenses from any other party.

4.5  All Candidates agree that they will promptly provide feedback on Growing Talent as requested by the Company, and raise any concerns about any Application, Employer or Growing Talent to the Company immediately.

 

5.  Participant’s obligations

5.1  In using the Website, all Participants agree that:

(a) they will not post any offensive, malicious, discriminatory, unlawful or otherwise inappropriate material, nor will they upload any computer viruses, worms, logic bombs, Trojan Horses or other malicious software or programmes, anywhere on the Website;

(b) they will not interfere with, disrupt or do anything that compromises the security of the Website;

(c­) they will not use the Website to transmit junk mail, spam, chain letters, or engage in other flooding techniques or mass distribution of unsolicited mail;

(d) they will use the Website and the Programme for personal use only and not for any commercial use;

(e) they are responsible for any costs associated in accessing the Website, including but not limited to broadband, download costs and limits, signal strength, electricity and the provision of a computer;

(f) their use of the Website and its content is at their own risk; and

(g) from time to time we may display links on the Website to partners and other third parties, including their websites. Participants’ use of such partners’ and/or other third parties’ websites and information is at their own risk and the Company has no liability whatsoever for any content therein or any Participant’s use thereof.

5.2  In taking part in any Programme, all Participants warrant that:

(a) any information they provide to Employers and/or the Company is complete and accurate to the best of their knowledge; and

(b) they will not be in breach of any obligations to or agreements with any third party.

5.3  All Participants agree that, having accepted a place on a Programme:

(a) they will devote their whole time and attention, and their best efforts, to the Programme for its duration, including but not limited to full attendance on all aspects of the Programme (unless prevented by illness or other exceptional circumstances);

(b) they will at all times conduct themselves professionally and in a manner which does not bring themselves, Growing Talent, the Company or any Employer into disrepute;

(c) they will promptly provide feedback on the relevant Employer, Programme and Growing Talent as requested by the Company;

(d) they will raise any concerns about any Employer, any aspect of the Programme or Growing Talent to the Company immediately;

(e) the Programme is a training programme only and does not constitute employment, nor shall the Programme render the Participant as an employee, worker, agent or partner of the Company, Growing Talent or any Employer;

(f) the only circumstances in which the Participant will become an employee or worker of the relevant Employer are when, having successfully completed the Programme (in the Company’s opinion), such Participant accepts an offer of employment by the relevant Employer. In such a case, the employment relationship between the relevant Participant and Employer will commence on the Participant’s start date in that role; and

(g) nothing in these Terms shall render any Participant as an employee, worker, agent or partner of the Company or Growing Talent.

5.4  Participants agree to comply with any criteria set by the Company and/or the relevant Employer in addition to these Terms for the duration of the Programme. In the event that a Participant does not comply with such criteria to the Company’s and/or the relevant Employer’s satisfaction, or he/she withdraws from the Programme, the Participant will be removed from the Programme and will not be able to return. This means that the Participant will not complete the Programme and will not be offered a role with the relevant Employer, nor will he/she receive a certificate of completion or be eligible to attend the Programme’s graduation ceremony.

5.5  Participants will not be paid for taking part in Growing Talent.  They will however, retain their benefits and receive reasonable travelling expenses from their JobCentre in attending the Programme, subject to production of receipts and other documentary evidence as required by the Job Centre. Growing Talent will inform Participants if they can claim reimbursement for travelling expenses from any other party.

 

6.  Employer’s obligations

6.1 In using the Website, all Employers agree that:

(a) they will not post any offensive, malicious, discriminatory, unlawful or otherwise inappropriate material, nor will they upload any computer viruses, worms, logic bombs, Trojan Horses or other malicious software or programmes, anywhere on the Website, including but not limited to vacancy forms submitted by Employers to in respect of a vacancy they wish to include in a Programme (“Vacancy Form” or Vacancy Forms”);

(b) they will not interfere with, disrupt or do anything that compromises the security of the Website;

(c­) they will not use the Website to transmit junk mail, spam, chain letters, or engage in other flooding techniques or mass distribution of unsolicited mail;

(d) any Vacancy Form they submit contains details of a genuine permanent role which it intends to offer to a Participant if they successfully complete the relevant Programme;

(e) once they have submitted a Vacancy Form, they cannot alter, delete or otherwise change the information they have included therein; however, they can contact jane@thejjc.net to discuss and action

(f) they are responsible for any costs associated in accessing the Website, including but not limited to broadband, download costs and limits, signal strength, electricity and the provision of a computer;

(g) their use of the Website and its content is at their own risk; and

(h) from time to time we may display links on the Website to partners and other third parties, including their websites. Employers’ use of such partners’ and/or other third parties’ websites and information is at their own risk and the Company has no liability whatsoever for any content therein or any Employer’s use thereof.

6.2  All Employers warrant that any information they provide to Candidates, Participants and/or the Company, including but not limited to registration details and completed Vacancy Forms, is complete and accurate to the best of their knowledge.

6.3  All Employers agree that, following receipt of any Application and/or in participating in the Programme, they will:

(a) consider and make decisions in relation to the suitability and selection of Candidates for the 11 weeks’ training element of the relevant Programme fairly, lawfully, in a non-discriminatory manner and in accordance with all applicable legislation. For the avoidance of doubt, all Employers hereby agree that they alone will be responsible for deciding on the suitability and selection of Candidates for the 11 weeks’ training element of the relevant Programme; and

(b) inform Candidates of and be responsible for all costs associated with any vetting requirements the Employer has in place for persons attending its premises beyond the Disclosure and Barring Service basic check.

6.4  All Employers agree that in participating in any Programme, they will:

(a) provide mentoring services for all Participants during the 11 weeks’ training element of the Programme, the extent of which will be agreed with the Company in advance;

(b) treat all Participants professionally, fairly, and with dignity and respect;

(c) promptly provide feedback on Participants, the Programme and Growing Talent as requested by the Company;

(e) raise any concerns about any Participant, any aspect of the Programme or Growing Talent to the Company immediately and in any event before requesting that any Participant be removed from the Programme;

(f) if not already in place, take out and maintain public liability insurance with a reputable insurance company for the duration of the Programme to at least £5 million (five million pounds); and

(g) if a Participant successfully completes a Programme (in the Company’s opinion), the Employer will offer that Participant permanent employment in the role to which the 11 weeks’ training element of that Programme related. In such circumstances, the Employer agrees that the employment relationship between the relevant Participant and Employer will commence on the Participant’s start date in that role.

6.5  Employers participate in the Programme at their own risk and on the understanding that:

(a) there may not always be a suitable Candidate for their role; and

(b) a Participant may not complete the Programme.

7.  Availability of the Programme

7.1  The Programme currently runs approximately four times per calendar year. Open and closed dates are advertised on the Homepage of the website.

7.2  The Company reserves the right, at its absolute discretion, to make changes to, substitute, suspend, restrict or terminate Growing Talent and/or any Programme at any time, for any reason and without notice to Website users, (including but not limited to Candidates, Participants and Employers).

 

8.  Intellectual property

8.1  Except as is otherwise indicated, [the Company] is the owner of the copyright in all the Information featured on the Website and used in Growing Talent, together with the website design, text and graphics, and their selection and arrangement, and all software compilations, underlying source code and software, and of all related intellectual property rights, including but not limited to all database rights, trademarks, registered trademarks, service marks and logos. All rights are reserved. [Growing Talent and its logo are trademarks of the Company.]

8.2  Website users are permitted to download, print, store temporarily, retrieve and display Information from the Website on a computer screen, print individual pages on paper (but not photocopy them) and store such pages in electronic form on disk (but not on any server or other storage device connected to a network) for use in relation to Growing Talent only. This permission does not allow for incorporation of material or any part of the Information in any work or publication in any form.

8.3  Website users are not permitted (except where they have been given express permission by the Company to do so) to adapt or modify the Information on the Website or any part of it and the Information or any part of it may not be copied, reproduced, republished, disassembled, decompiled, reverse engineered, redistributed, downloaded, posted, broadcast, transmitted or made available to the public in any other way to any third parties, or otherwise use the Information on the Website for commercial gain.

8.4  All copyright, trademarks, design rights, patents and other intellectual property rights (registered and unregistered) in and on the Website and all content (including all applications) located on the site shall remain vested in [the Company.]

8.5  In using the Website, users also agree not to adapt, alter or create a derivative work from any of the Website content except for use in relation to Growing Talent. Any other use of the Website content requires the prior written permission of the Company.

 

9.  Viruses

Whilst we use reasonable endeavours to protect this Website from computer viruses, worms, logic bombs, Trojan Horses and other malicious software or programmes (the “Viruses”), we do not warrant that the Website is free from such Viruses or anything else which may have a harmful effect on any technology and accept no liability for any damage that may result from the transmission of any Viruses via the Website or via any files which are available for anyone to download from the Website.

 

10.  No professional advice

For the avoidance of doubt, none of the Information on this Website constitutes or should be regarded as professional advice, nor should it be relied upon as such. If necessary, you should seek independent advice on Growing Talent and other information contained on the Website. The Information on the Website is not a substitute for such advice.

 

11.  No employment agency

Nothing in these Terms shall render the Company or Growing Talent an employment agency. The Company and Growing Talent will not review Applications or match Candidates with Employers in any way, or otherwise take part in the selection process for any Programme, nor will they participate in any recruitment process on successful completion of a Programme. Growing Talent only provides a forum for Candidates and Employers to connect with each other.

 

12.  Health and safety

12.1  Whilst Employers and other partners of Growing Talent are required to have in place public liability insurance, Participants are responsible for familiarising themselves and complying with the premises’ health and safety policy and other relevant policies and procedures in force from time to time. Copies of these policies and procedures are available by email request to jane@thejjc.net or directly with the premises Participants are based on.

12.2  Candidates and Participants are also required to promptly report any health and safety concerns to the Company so that remedial action can be taken, and take all reasonable steps to protect themselves from harm in relation to Growing Talent.

 

13.  Warranties and liability

13.1  To the extent permitted by applicable law, the Company and Growing Talent disclaim all warranties, conditions and representations (whether express or implied) with respect to the Website or Information contained on this Website, including but not limited as to the accuracy or completeness of the Information. Further, neither the Company nor Growing Talent accept any liability for functions contained on the Website and do not warrant that the Website will be uninterrupted, uncorrupted, free of faults or errors, or that any defects will be corrected.

13.2 In no event will the Company or Growing Talent be liable for any loss or damage (whether direct or indirect loss, consequential loss, or loss of profit, revenue, business opportunity, contracts, anticipated savings, goodwill or reputation, or loss or corruption of data, information or software, whether in contract, tort or otherwise) arising out of or in connection with these Terms, the use of the Website, or participation by Candidates, Participants, Employers or other third parties in Growing Talent, save where such liability cannot be excluded by law.

 

14.  Confidentiality

14.1  Growing Talent and its success is underpinned by mutual trust and respect. As such, any information Website users receive, either about Candidates, Participants, Employers or other third parties, must be kept confidential at all times. This paragraph does not apply to any information which is or becomes publically available through no fault of the Website user’s own.

14.2  All Website users are responsible for keeping their log in details (including password) for the Website confidential.

14.3  We welcome positive comments and feedback about Website users’ experiences of Growing Talent on social media and by email to jane@thejjc.net.

 

15.  Changes to these Terms, the Website or the Information

15.1  The Company reserves the right, at its absolute discretion, to make changes to, substitute or remove any part of the Website, or the Information from time to time without reason and without notice. The Company may also modify these Terms from time to time.

15.2  Should these Terms be amended, the Company will publish the modified Terms on the Website. By continuing to use the Website, make any Application, submit any Vacancy Form or participate in any Programme, users agree to be bound by these Terms as amended.

 

16.  Enforceability

If these Terms or any part of them should be determined to be illegal, invalid or otherwise unenforceable under the laws of any state or country in which these Terms are intended to be effective, then to the extent that they are so illegal, invalid or unenforceable, they shall in that state or country be treated as severed and deleted from these Terms and the remaining Terms shall survive and remain in full force and effect and continue to be binding and enforceable in that state or country.

 

17.  Complaints

Any complaints about these Terms, the Website, its content or Growing Talent should be addressed to Jane James at jane@thejjc.net  as soon as possible.

 

18.  Third party rights

Nothing in these Terms shall be enforceable pursuant to the Contracts (Rights of Third Parties) Act 1999 by any person who is not a Website user, Candidate, Participant or Employer except where these Terms expressly provide for such rights.

 

19.  Governing law and jurisdiction

These Terms shall be governed by and construed in accordance with English law. Any disputes shall be subject to the exclusive jurisdiction of the English courts, to which both parties submit.

 

 

PRIVACY POLICY

 

1.  Definitions

For the purposes of this privacy policy, defined terms have the meanings attributed to them in our terms and conditions.

 

2.  Data protection

2.1  We are committed to protecting your privacy and to respecting the personal data supplied to us.

2.2  Website users (including but not limited to Candidates, Participants and Employers) may submit the following personal information to us through data entry fields on the Website or by emailing us:

(a) name, job title, company, e-mail address and telephone number when completing an Application or Vacancy Form, or sending us an email; and/or

(b) name, job title, company, address, e-mail address and telephone number for updates about Growing Talent.

2.3  Website users (including but not limited to Candidates, Participants and Employers) can unsubscribe from receiving information from us at any time by emailing us at jane@thejjc.net.

2.4  We will not capture personal information without your knowledge or permission. We agree to keep and process all Website users’ (including but not limited to Candidates, Participants and Employers) personal data in accordance with the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws.

 

3.  How we may use your information

3.1  We may collect, store and use the personal information listed above for the following purposes:

(a) to respond to the subject’s queries and provide the services that have been requested (including information about such services);

(b) to review a completed Application or Vacancy Form;

(c) where the subject has given us his/her consent, to contact them (including by SMS and email) with information on Growing Talent and/or our partners we think may be of interest;

(d) where the subject has provided us with an e-mail address, to send him/her updates on Growing Talent and other news; and

(e) where the subject has given us his/her consent, to disclose their personal information to our partners and other carefully chosen third parties so that they may contact them (including by SMS and email) about their completed Application or Vacancy Form, or with products and services which our partners think may interest you.

3.2  We may share Website users’ (including but not limited to Candidates, Participants and Employers)) personal information with our partners to provide them with the best service. We will not disclose, sell or rent such personal information to any other third party unless the Website user has consented to this. If you do consent but later change your mind, please let us know by emailing us atjane@thejjc.net and we will cease any such activity.

3.3  If, however, a third party acquires Growing Talent or all (or substantially all) of our business and/or assets, we may disclose Website users’ (including but not limited to Candidates, Participants and Employers) personal information to that third party in connection with the acquisition. We may also disclose the personal information such Website users provide us with to third parties in order to comply with any legal obligation or any order of a law enforcement authority. We may use this information to assist us with database profiling. This is aimed at improving the quality of the Website and its content.

 

4.  Applications and vacancy forms

4.1  Completed Applications and Vacancy Forms are not stored on the Website. Only the Company, its authorised representatives and the relevant Employers (who are also subject to the Data Protection Act 1998, the Privacy and Electronic Communications (EC Directive) Regulations 2003 and other applicable privacy laws) will have access to it.

4.2  When Employers submit a completed Vacancy Form, it is automatically emailed directly to Growing Talent. The information contained within the Vacancy Form is kept securely on Growing Talent’s servers.

4.3  Sending information via the internet or by email is never completely secure. We have put in place measures to protect Website users’ personal data as far as reasonably possible, but we cannot guarantee the security of the data when sending it in this way.

 

5.  Questions and concerns

Any questions or concerns about this privacy policy or the protection of information should be addressed to Jane James at jane@thejjc.net as soon as possible.

 

 

COOKIE POLICY

 

1.  Definitions

For the purposes of this cookie policy, defined terms have the meanings attributed to them in our terms and conditions.

 

2.  What are cookies?

In common with many professional websites, the Website uses cookies. Cookies are very small text files which are downloaded to the Website user’s computer. This policy sets out how we use cookies and why we may need to store them.

 

3.  Why are cookies used by Growing Talent?

3.1  The Website is interactive, which necessitates the use of cookies. Cookies enable us to personalise data on the Website to fit users’ needs and preferences, so that the Website does not have to keep requesting the information from users when they access it. Therefore, they help the Website work more efficiently.

3.2  The cookies on the Website allow Growing Talent to remember the data users are inputting or looking at, so that they will not have to log in every time they visit a new page. For example, we may sometimes ask users to give us feedback on the Website or Growing Talent’s initiatives, so cookies allow the Website to remember if users are already registered and what their mailing preferences are.

 

4.  Third party cookies

4.1  The Website contains links to social media and/or plug-ins that allow users to connect with their social network. For these to work, many third party social media sites (such as Twitter and Facebook) will set cookies through the Website which may be used to improve your experience on their sites. Neither the Company nor Growing Talent accepts any liability in respect of third party cookies, and users are advised to consult those third parties’ cookie policies if they require further information.

4.2  The Website uses Google Analytics to analyse usage of the Website and help us with how we can improve the user experience. Cookies may therefore track how long you spend on the Website and which pages you have visited, for example.

 

5.  Disabling cookies

Website users can stop cookies being downloaded to their computer by adjusting the settings on their internet browser. However, if Website users do disable cookies, they may not be able to access certain pages and features of the Website and other websites that they visit.

 

6.  Questions and concerns

Any questions or concerns about this cookie policy or how the Website uses cookies should be addressed to Jane James at jane@thejjc.net as soon as possible.