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Terms Of Use

Acceptable Terms of Use for Train2day

By proceeding to access this Service you agree to be legally bound by the terms of this Acceptable Use Policy.

This Acceptable Use Policy sets out the terms and conditions for use of Train 2 Day Service ("the Service"), which forms part of an electronic recruitment service, provided or facilitated by Train2day Employers and set out in this Acceptable Use Policy and the Licence (as defined below). All words and phrases used within this Policy are defined in Section 5 of this Policy.

1. General

The Service provides software to enable the delivery of Training services, which includes a searchable database of jobs vacancies published by Train 2 Day. These jobs may also be advertised in newspapers or journals.

This Acceptable Use Policy is construed in accordance with English Law and subject to the exclusive jurisdiction of the Courts of England and Wales. Train 2 Day who wish to make use of the Service (as defined below) are also required to contact Train2day Employers and enter into and comply with the terms of the Licence and this Acceptable Use Policy forms part of the Licence.

All screens and data as defined below are subject to copyright but may be downloaded and printed out only by Train 2 Day and/or Candidates as defined below are subject to personal use only in order to provide further information about advertised vacancies or assist with the recruitment process and not for commercial gain or other exploitation. Train 2 Day, Candidates (as defined below) and other third parties may not otherwise use, copy or "screen scrape" displays or transmit or distribute any material from the Service. The copyright of the advertisement text and job pack material remains with the relevant Train 2 Day. Commercial or any other use or publication of data screens or other output from this Service is not permitted by any person. Train2day Employer's decision in relation to any requests for use or publication of screens or data from the Service is final and made in Train2day Employer's absolute discretion.

Train2day Employers will attempt to ensure all information presented is accurate we make no representations, warranties or guarantees about the accuracy, completeness or adequacy of the information provided on the Service or as part of the Service or contained elsewhere, in or linked to the Service or that the Service is virus free and we cannot accept liability for misuse of the Service. Additionally we cannot accept liability for any consequences related to any person's inability to use the Service and do not guarantee uninterrupted access to the Service.

2. The Candidate
A valid email address is required when a Candidate is registering with the Service or submitting an application form. Passwords should be kept in a secure environment and not shared (Any suspected breaches of security should be reported to Train2day Employers immediately).

A completed application form must be submitted against a vacancy advert and made available through the Service if a candidate wishes to be considered for a position. (Only applications from Candidates who meet the requirements set out in the advertisement will normally be considered by Train 2 Day).

The information provided shall be truthful and accurate within each application form submitted.

A declaration will be provided in the application form made available as part of the Service, which when agreed to on submission of the application form, is considered valid and binding.

The information contained in a job advertisement shall not be used for the purposes of:

* disseminating any unlawful, harassing, libellous, abusive, threatening, harmful, vulgar, obscene, or
   otherwise objectionable material or otherwise breaching any laws;
* transmitting material that encourages conduct that constitutes a criminal offence, results in civil liability or
   otherwise breaches any applicable laws, regulations or code of practice;
* interfering with any other person's use or enjoyment of this Service; or
* making, transmitting or storing electronic copies of materials protected by copyright without the permission
   of the owner.

3. Train 2 Day

3.1. Contract

The Licence for the use of the Service shall be signed by a director of Train 2 Day. The Senior Executive is accountable for the Service on behalf of Train 2 Day.
The Senior Executive for an Train 2 Day shall ensure they hold the appropriate authority to act in the role of Senior Executive.

The Senior Executive is accountable for data protection, security issues and information governance associated with the delivery of recruitment services and generally accessing and using the Service.
Train 2 Day shall ensure that their Senior Executive, Account Managers, Recruitment Administrators, Recruiting Managers and Recruiting Panel Members are trained in their use of the Service and will act in accordance with the terms of this Acceptable Use Policy and the terms of any Licence with Train2day Employers
3.2. Advertising
All job advertisements placed on the Service, shall relate to Train2day positions in England or Wales and are accurate and legal. All advertisement placed on the Service, shall allow Candidates to apply through the online application form forming part of this Service.

The placing of advertisements and their contents can create legal liabilities for the advertiser (i.e. Train 2 Day advertising and recruiting to the job and for the publisher of those advertisements). Train 2 Day will retain responsibility for the advertisements and will via their (officer) confirm at the time of submission of an advert that the advertisements comply with legal requirements in respect of European Legislation and UK discrimination legislation. Please note that any restrictions placed which require actual UK work experience in Train2day may, unless the requirement can be objectively justified, infringe the anti-discrimination aspects of the EC Legislation regarding the right to the free movement of workers within the European Union.

Train 2 Day shall indemnify Train2day Employers against any claims, liability, costs, loss, expenses or proceedings whatsoever arising out of or in connection with advertisements published or other acts or omissions of Train 2 Day or their Secondary Access or any third party acting on Train 2 Day's behalf.

Adverts should not be placed on the Service which actively discourages applications to be made through this Service. Train 2 Day are responsible for the content of documentation and adverts placed through the Service and any associated Secondary Access.

3.3. Responsibility for the Service and Secondary Access
Train 2 Day shall be responsible for the accuracy of any information presented through the Service including through Secondary Access.

Train 2 Day shall be responsible for the protection of personal data and security, in relation to the use of the Service and other acts and omissions including through Secondary Access.

Train 2 Day shall be responsible for the account management and access rights to the Employer Interface on behalf of Train 2 Day including through Secondary Access.

Train 2 Day shall ensure that all Recruitment Administrators, Recruiting Managers and Recruiting Panel Members are trained in their use of the Service including through Secondary Access.

Train 2 Day shall ensure that all personnel with access to a Secondary Access will act in accordance with the terms of this Acceptable Use Policy and the terms of any Licence with Train2day Employers

3.4. Data Protection Notice
Train2day Employers record visited pages statistics about each visit to help them administer and improve the Service

The personal data Candidates provide on the submitted application form is made available to the relevant Train 2 Day. The data will be stored securely in the Service's database and will not be available to any other Train 2 Day

The application data and advertised jobs data will be deleted 13 months after the closing date. The relevant Train 2 Day will retain the application forms for appointed applicants separately as part of their staff records.

Statistical data on recruitment activity as determined by Train2day Employers will be provided to the Strategic Heath Authorities and the Department of Health for campaign management and workforce planning.

Train2day Employers retains the rights to use general data in relation to the Service for its own purposes including the promotion the Service

Train 2 Day is the data controller in respect of information it uses or accesses through the Service. Train 2 Day should refer to the terms of the Licence with Train2day Employers and in accordance with this Acceptable Use Policy for further details.

3.5. Access
The Service shall be managed and maintained through the identification and appointment of a suitable number of Account Managers, to ensure that access and security is controlled appropriately.
The Service should not be accessed by any 3rd party except as expressly agreed by Train2day Employers pursuant to this Policy.

3.6. Security
The Senior Executive at Train 2 Day is ultimately responsible for security matters relating to the use of the Service.

Personal data (as defined in the Data Protection Act 1998) shall be kept secure by Train 2 Day and used in accordance with the data protection registration and is not divulged to third parties without Candidate consent.

Train 2 Day will nominate a Senior Executive and at least two Account Managers and shall ensure that access to the Employer Interface and Service are effectively managed to ensure the security of the Service is maintained.

4. Equal Opportunities
Train 2 Day are responsible for ensuring that fair and open competition and equal opportunities for all Candidates is practiced at all times.

On-line applications will be considered on an equal footing with written applications, when selecting people to fill the advertised vacancies.

The Code of Practice for the International Recruitment of Healthcare Professionals shall be complied with pursuant in the use of the Service.

Advertisements that appear misleading or inappropriate will be removed upon the request of Train2day Employers.

Train2day Employers have the right to remove advertisements that contravene this Policy from the Service.

5. Secondary Access
- is access to the Service through an Train 2 Day by a unit or other separate group within the said Train 2 Day or third party organisation and where such access is approved by Train2day Employers as not needing any further Licence other than already signed by Train 2 Day. For example access to the Service by third parties providing recruitment services to Train 2 Day shall require further Licence arrangements to be signed; but there may be circumstances where Train2day Employers considers this not be necessary.

6. Notification of changes
If Train2day Employers decide to change the terms and conditions of the Service, Train 2 Day and Candidates will be notified through the use of the Service to ensure that all Train 2 Day and Candidates are aware of the terms and conditions governing the use of this Service.

By using this Service Train 2 Day and Candidates consent to the use of the information in the ways described in this Policy.

© Train2day  2011