Introduction

This is a legally binding Agreement for the provision of YardandGroom between You and Sunny Online Limited. By using the web site, YardandGroom, and/or by applying for or receiving membership services from YardandGroom, you represent and warrant that you are 18 years or older, that you agree to provide true, accurate, current and complete information (including an accurate email address) as prompted by the registration form and that you agree to be bound by the following Service Agreement:

1. Definitions

In these Terms & Conditions the following words have the following meanings unless the context requires otherwise:

1.1 "Agreement" means the Agreement between You and Us incorporating these Terms & Conditions for the provision of the Service;

1.2 "Liability" means Liability for any and all damages, claims, proceedings, actions, awards, expenses, costs and any other losses and/or liabilities;

1.3 "We", "Us", "Our" means Sunny Online Limited, Trowbridge, Wiltshire, England;

1.4 "You", "Your", "Yourself" means the person whose application for membership of the Service is accepted by Us;

1.5 "YardandGroom" means the website www.yardandgroom.com;

1.6 "Service" means the YardandGroom service provided by Us to You;

1.7 "Member" means any person who has registered and certified that she/he has read and understands and agrees with the specific Terms & Conditions and the general intent thereof, makes use of the Service and/or browses the information and/or material contained in the Service;

1.8 "Visitor" means any person browsing YardandGroom who is not a Member;

1.9 "Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the Service, and the phrases "Posted" and "Posting" shall be construed accordingly;

1.10 "Profile" means the section containing details and/or information about You composed and Posted by You;

1.11 "Private Details" means a Member's last name, postal address, and telephone number;

1.12 "Public Details" means a Member's Profile excluding their Private Details;

1.13 "Yard Member" means a Member who has registered on YardandGroom for the purpose of finding a suitable applicant for employment;

1.14 "Applicant Member" means a Member who has registered on YardandGroom for the purpose of finding a job;

1.15 "Full Member" means a Member who has full membership status on YardandGroom and has paid the membership fee;

1.16 "Trial Guest Yard Member" means a Yard Member who does not have full membership status on YardandGroom and has never paid the full membership fee;

1.17 "Guest Member" means a Yard Member who does not have full membership status on YardandGroom because their full membership has expired, or, an Applicant Member who has not upgraded to full membership;

1.18 "Applicant Documents" means a CV, work references and work related photos Posted by an Applicant Member;

2. Basis of Contract

2.1 We agree to provide and maintain YardandGroom. By using YardandGroom or the Service You agree to abide by the Terms & Conditions.

2.2 On becoming a Member Your Public Details will be displayed on YardandGroom.

2.3 You acknowledge that your Public Details Posted by You on YardandGroom will be able to be accessed by Visitors and Members.

2.4 You shall, if Your email address changes, amend Your details with Your new email address immediately or mail forwarded to yourself will not be guaranteed and we take no responsibility for subsequent loss of mail therein or any other Liability.

2.5 You are solely responsible for Your own interactions with other Members.

2.6 You shall be responsible for the accuracy of any information necessary for Us to perform the Service and for Your interactions with other Members.

2.7 Yard Members will be allowed to contact Applicant Members and view their uploaded documents only if the Yard Member is a Full Member.

2.8 Applicant Members will be allowed to contact Yard Members only if the Yard Member or Applicant Member is a Full Member.

2.9 Your application for membership shall come into effect once We have received Your details and We notify You of Our acceptance of your membership by email as confirmation.

2.10 We reserve the right to police and remove for any reason any information, photographs and/or other material Posted by You, deemed unacceptable for the site.

2.11 We reserve the right to refuse any application for membership.

2.12 We reserve the right to vary these Terms & Conditions at any time. Please visit YardandGroom to confirm the current Terms & Conditions.

2.13 We reserve the right to make changes to the Service as deemed necessary or desirable.

2.14 We reserve the right to automatically de-activate a Yard Member's job listings every 90 days. An email notifying the Member will be sent to the Member's registered email address with instructions on how to re-activate the job listing free of charge, providing the Member is a Full Member.

3. Feedback

3.1 Applicant Feedback:

Applicant members have the right to leave confidential Negative Feedback on a Yard Member's profile which will be seen only by Us. The Applicant Member has sole responsibility for this feedback and We bear no liability for accuracy or opinions of the Applicant Member leaving Negative Feedback on Yard Member Profile.

Applicant Members have the right to leave visible Positive Feedback on a Yard Member's profile but this must first be approved by the Yard Member before being made available to view. The Yard Member bears sole responsibility for approving this Feedback and We bear no liability for any Positive Feedback that may be shown in error by the Yard Member.

3.2 Yard Feedback:

Yard Full Members have the right to leave confidential Negative Feedback on an Applicant Member's Profile which is seen only by Us. We bear no liability for accuracy or opinions of the Yard Member leaving Negative Feedback.

Yard Full Members have the right to leave visible (visible to Yard Members and the said Applicant Member when they view their profile) 'No Show' Feedback on an Applicant Member's profile, if that Applicant Member has failed to turn up to an arranged interview, or, agreed first day of employment without notice. The Yard Member has sole responsibility for the accuracy of this Feedback and We bear no liability for any errors made by the Yard Member.

3.3 Positive and Negative Feedback left by Applicant Members and Yard Members on another Member's profile is solely their opinion and We bear no liabilility whatsoever for any error, inaccuracy or opinion of a Member toward's another Member.

4. Payment & Prices

4.1 APPLICANTS (JOBSEEKERS): Registration, uploading of documents, photos, and use of YardandGroom is FREE and Jobseekers can contact ALL yards for FREE, however, contact by Applicant Members to Guest Yard Members will be in the form of an 'interested' message only and direct contact details will not be available of the Guest Yard Member, or, of the Applicant Member.

YARDS (EMPLOYERS). Registration (Guest Membership) is free and allows you to add your profile, photos, documents or job details to the YardandGroom database, receive automated messages without contact details, and search the YardandGroom database. When you decide you would like to contact the applicants, a fee is required to upgrade to Full Membership. There are no additional placement fees or commissions charged by Us.

4.2 The joining fees for full membership of the Service are shown under "Full Membership Fees". We reserve the right to vary these prices at any time.

4.3 Our preferred method of payment is by credit/debit card. Payment is made by a secure server, which will encrypt Your transaction for Your security.

4.4 All credit/debit card payments must be made in £ Sterling, U.S dollars or Euros only.

4.5 Payment will also be acceptable by cheque, money/postal orders in £ Sterling only as displayed in our Full Membership Fees and must be made payable to Sunny Online Limited.

4.6 All membership fees once paid are refundable at our discretion.

4.7 Full membership shall not be deemed to be accepted until We have received cleared funds in respect of the full amount outstanding.

4.8 Our UK Full Membership fee is exact. Foreign currency fees are only there for guidance and will be updated from time to time. YardandGroom will not be held responsible for exchange rate fluctuations.

5. Termination

5.1 If You decide to terminate this Agreement this must be done by notifying Us by email or by You deleting Your account by signing in to the YardandGroom website with your email address and password and clicking the button "Close My Account" on the "My Account" webpage.

5.2 We reserve the right to deactivate Your account in the event You have not signed in to Your YardandGroom account for over 30 days. Deactivation of Your account means that Your profile will not appear in the results of any database searches on YardandGroom. You will be notified via Your registered email address that Your account has been deactivated. If You do not reactivate your account within 15 days of deactivation, We reserve the right to close Your account and terminate this Agreement.

5.3 YardandGroom will have the right of termination of this Agreement if You fail to make full payment when due, If the information that You provide is found to be untrue or if You breach the terms of this Agreement.

5.4 Anyone making a fraudulent payment will be removed from Our database immediately.

5.5 If Our Internet provider reports that Your email address no longer exists then We may subsequently close Your account, resulting in loss of Your membership.

5.6 We may: (a) suspend your account; (b) close your account; and/or (c) edit your account details, at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.

5.7 You may close your account on our website using your account page on the website. You will not be entitled to any refund if you close your account in accordance with this Section 5.7.

6. Obligation of Member

6.1 You may not include or enter your personal contact information such as an email address, ICQ number, chat address or personal web page address in any text field of your Profile which does not specifically request such information. You may not use YardandGroom to promote another site, service and/or business in any way. We reserve the right to amend accordingly Your Profile not in compliance with this standard.

6.2 You will not send messages via the YardandGroom Private Messaging System to threaten, offend or abuse another user. Users who use foul language, offend or threaten other users will have their account immediately suspended and forfeit any membership fee. We reserve the right to read all messages sent via the YardandGroom Private Messaging System and the messages remain the property of YardandGroom.com

6.3 You will not transmit and /or Post any chain letter and/or junk e-mail to other Members; solicit other Members' business, buy or sell products and/or services through YardandGroom.

6.4 You will not misuse in any way the Service or any information Posted on YardandGroom.

6.5 You will not collect for commercial re-use email address displayed on YardandGroom.

6.6 You will not Post and/or reproduce in any way any information and/or material in which the copyright, trade mark and/or intellectual property belongs to another party without first obtaining the prior consent of the owner of such rights.

6.7 You will not transmit and / or Post and/or email any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software.

6.8 You will not interfere with or disrupt (or attempt to interfere with or disrupt) YardandGroom or servers or networks connected to YardandGroom or disobey any requirements, procedures, policies or regulations of networks connected to this site.

6.9 You will not in any way assign, transfer, part with and/or authorise any other person to use (A) Your membership or (B) transmit and/or Post and/or email to another Member any information, pictures and/or any other material, which in our opinion is sexually explicit, racist, abusive, threatening or likely to cause offence to another Member.

6.10 You will not create or maintain more than one active Profile at a time.

6.11 You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site.

6.12 You may not use this site if you are an agent or acting on behalf of an agent. Agents found to be using this service for their own business use will have their account suspended without notice and will forfeit their membership fee.

6.13 You will not use your profile to post any defamatory, injurious or offensive comment in reference to another user or any other person.

7. Intellectual Property Rights and Confidentiality

7.1 All copyright and design rights are owned by Us and are not available for use by any other party.

7.2 We recognise Our responsibilities under the Data Protection Act and We will keep Your Private Details confidential and will not disclose such information, without your permission, except if required to be disclosed by law.

8. Limitations on Liability

8.1 We accept Liability for our own negligence in providing and maintaining YardandGroom and the Service and for Posting any of Your amendments to Your Profile, Private Details and Public Details on the condition that you keep your Profile, Private Details and Public Details accurate, up-to-date and complete.

8.2 We do not accept Liability for any false, inaccurate and/or misleading information Posted by any Member or “computer hacker” or other third party in their Profile.

8.3 We do not accept Liability for:-

8.3.1 the suitability of any Member, accuracy of Applicant Documents or personal details supplied by any Member and are hereby expressly excluded from all liability whatsoever either directly or indirectly arising from the introduction of a member. We cannot check personal references and the Yard Member hereby acknowledges the Yard Member's responsibility to make their own enquiries and obtain a satisfactory reference.

8.3.2 the availability of any Member. Whilst a member's Profile may still be listed on YardandGroom, We cannot guarantee that the Applicant Member is still seeking a job or the Yard Member still has a vacancy.

8.3.3 the Service, results, availability, activity and/or uninterrupted use, if for any reason there is an interruption to Our server provider or if it should become necessary to move the Service to another server.

8.3.4 any defect in the Service caused or contributed to by You and/or any other Member.

8.3.5 Your reliance on any information and/or other material Posted on YardandGroom or Posted to You by other Members.

8.3.6 any Member's and/or unauthorized user's misuse of information and/or other material Posted by You on YardandGroom and/or Posted by You to other Members.

8.4 No copyrighted or trademarked information of names or the site itself will be used, if so, the user of such is subject to liability.

8.5 Nothing in this Agreement shall exclude or limit any of Your statutory rights.

9. Force Majeure

We will not be liable or deemed to be in breach of contract by reason of delay or failure to perform any of Our obligations if this delay or failure was due to any cause beyond Our reasonable control.

10. Indemnity

You agree to indemnify Us against any and all losses, proceedings, lost profits, damages, awards, expenses, costs (including increased administration costs and legal costs on a full indemnity basis), claims, actions and any other losses and/or liabilities suffered by Us and arising from and/or relating to Your use of YardandGroom, information and/or other material Posted on YardandGroom by You and/or arising from or due to any breach of contract, any tortious act and/or omission and/or any breach of statutory duty by You.

11. General

11.1 All third party rights are excluded and no third parties shall have any right to enforce this Agreement.

11.2 These Terms and Conditions are subject to the law of England and Wales and the exclusive jurisdiction of the courts of England and Wales.

11.3 No waiver by Us of any breach of this Agreement shall be considered as a waiver of any subsequent breach of the same provision or any other provision.

12. Membership Fees

12.1 Jobseeker Guest Membership:

Free .

12.2 Jobseeker Full Membership:

£5 (GBP) per week or €8 (Euro) per week or $10 (USD) per week.

12.3 Yard Guest Membership:

Free .

12.4 Yard Full Membership:

6 months full membership £80 (GBP), $99 (USD), €99 (Euro), $130 (CAD), $130 (AUD).

12 months full membership £140 (GBP), $180 (USD), €180 (Euro), $230 (CAD), $230 (AUD).

13. VAT

VAT at 20% is applicable to membership fees in the UK and EU member state countries.