Terms and Conditions

Introduction

This is a legally binding Agreement between You and The Polera Limited. By using the web site, www.thepolera.co.uk, and/or by applying for or receiving membership services from The Polera, 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 The Polera Ltd, 84 The Furlongs, Ingatestone, Essex. UK;
1.4 "You", "Your", "Yourself" means the person whose application for membership of the Service is accepted by Us;
1.5 "The Polera" means the website www.thepolera.co.uk;
1.6 "Service" means the The Polera 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 The Polera website 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 "Employer Member" means a Member who has registered on The Polera for the purpose of finding a suitable applicant for employment;
1.14 "Jobseeker Member" means a Member who has registered on The Polera for the purpose of finding a job;
1.15 "Full Member" means a Member who has full membership status on The Polera and has paid the membership fee;
1.16 "Guest Member" means a Member who does not have full membership status on The Polera and has not paid the membership fee or whose membership has expired;
1.17 "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 The Polera website. By using The Polera website or the Service You agree to abide by the Terms & Conditions.
2.2 On becoming a Member Your Public Details will be displayed on The Polera website.
2.3 You acknowledge that your Public Details Posted by You on The Polera website 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 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.
2.8 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.
2.9 We reserve the right to refuse any application for membership.
2.10 We reserve the right to vary these Terms & Conditions at any time. Please visit The Polera website to confirm the current Terms & Conditions under Legal Stuff section.
2.11 We reserve the right to make changes to the Polo HR Service as deemed necessary or desirable.
2.12 We reserve the right to automatically de-activate a Employer Member’s job listings once their subscription period has ceased. An email notifying the Employer Member Employer Member's registered email address with instructions on how to re-activate the job listing at the usual subscription fees as currently listed.

3. Payment & Prices
3.1 APPLICANTS (JOB SEEKERS): Registration, uploading of documents, photos, and use of The Polera is FREE and Job Seekers can contact ALL yards for FREE.
EMPLOYERS: Registration fees are shown in the registration packages is free and allows you to add your profile, photos, documents or job details to the The Polera database, receive automated messages without contact details, and search the The Polera database. When you decide you would like to contact the applicants, no additional fee is required. There are no additional placement fees or commissions charged by The Polera.
3.2 The registration fees for full membership of the Service are shown under " Registration packages" when you log in. We reserve the right to vary these prices at any time.
3.3 Our preferred method of payment is by credit/debit card. Payment is made by a secure server through PayPal, which will encrypt Your transaction for Your security.
3.4 All credit/debit card payments must be made in £ Sterling only.
3.5 All membership fees once paid are refundable at our discretion.
3.6 Full membership shall not be deemed to be accepted until We have received cleared funds in respect of the full amount outstanding.

4. Termination
4.1 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 The Polera website with your email address and password and clicking the button "Close My Account" on the "My Profile" webpage.
4.2 We reserve the right to deactivate Your account in the event You have not signed in to Your The Polera account for over 30 days. Deactivation of Your account means that Your profile will not appear in the results of any database searches on The Polera. 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.
4.3 The Polera 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.
4.4 Anyone making a fraudulent payment will be removed from Our database immediately.
4.5 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. Obligation of Member
5.1 You may not include or enter your personal contact information such as an email address, chat address or personal web page address in any text field of your Profile which does not specifically request such information
5.2 You will not send messages via the The Polera 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 The Polera Private Messaging System and the messages remain the property of The Polera.
5.3 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 The Polera. You may promote yourself and your business correctly through posting a classified ad listing or buying a banner ad, but not through our Polo HR system.
5.4 You will not misuse in any way the Service or any information Posted on The Polera.
5.5 You will not collect for commercial re-use email addresses displayed on The Polera.
5.6 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. This includes the use of The Polera logo, of which copyright is owned and protected by The Polera Ltd.
5.7 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.
5.8 You will not interfere with or disrupt (or attempt to interfere with or disrupt) The Polera or servers or networks connected to The Polera or disobey any requirements, procedures, policies or regulations of networks connected to this site.
5.9 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.
5.10 You will not create or maintain more than one active Profile at a time.
5.11 You will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any content transmitted through this site.
5.12 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.
5.13 You will not use your profile to post any defamatory, injurious or offensive comment in reference to another user or any other person.

6. Intellectual Property Rights and Confidentiality
6.1 All copyright and design rights are owned by Us and are not available for use by any other party.
6.2 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.

7. Limitations on Liability
7.1 We accept Liability for our own negligence in providing and maintaining The Polera 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.
7.2 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.
7.3 We do not accept Liability for:-
7.3.1 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 Member hereby acknowledges the Member's responsibility to make their own enquiries and obtain a satisfactory reference.
7.3.2 the availability of any Member. Whilst a member's Profile may still be listed on The Polera, We cannot guarantee that the Applicant Member is still seeking a job or the Yard Member still has a vacancy.
7.3.3 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.
7.3.4 any defect in the Service caused or contributed to by You and/or any other Member.
7.3.5 Your reliance on any information and/or other material Posted on The Polera or Posted to You by other Members.
7.3.6 any Member's and/or unauthorized user's misuse of information and/or other material Posted by You on The Polera and/or Posted by You to other Members.
7.4 No copyrighted or trademarked information of names or the site itself will be used, if so, the user of such is subject to liability.
7.5 Nothing in this Agreement shall exclude or limit any of Your statutory rights.

8. 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.

9. 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 The Polera, information and/or other material Posted on The Polera 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.

10. General
10.1 All third party rights are excluded and no third parties shall have any right to enforce this Agreement.
10.2 These Terms and Conditions are subject to the law of England and Wales and the exclusive jurisdiction of the courts of England and Wales.
10.3 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.

11. Membership Fees
11.1 Job Seeker Membership:
Free for 3 month introductory offer from when new site is launched.
After this 3 month offer has expired, fees are as follows:
£5 (GBP) per week or £15 (GBP) per month
11.2 Employer Membership:
£10 (GBP) per month, or £50 for 6 months, or £100 for 12 months

Terms and Conditions of the Classifieds listings:

When you submit your advertisement to, or modify an advertisement on thepolera.co.uk, you agree to the following terms and conditions:
• The advertiser is wholly responsible for the accuracy of the advertisement published on the site.
• thepolera.co.uk reserves the right to modify the advertisement, to remove offensive or inappropriate material or to bring the information in line with the thepolera.co.uk house style.
• thepolera.co.uk accepts no legal responsibility for the accuracy of information, or for any action brought against the advertiser for any reason by the person or people responding to an advertisement. thepolera.co.uk shall not be liable to the advertiser or owner for any loss, costs or damages resulting from the use of the site, or the inability to access or use the site.
• When the advertiser submits an advertisement to thepolera.co.uk, the advertiser acknowledges that the material (text, graphics and photos) has not been copied or is in breach of copyright. thepolera.co.uk cannot be held responsible for any infringement of copyright laws resulting from material supplied by the advertiser.
• The advertiser assigns thepolera.co.uk a license to reproduce in part, or in whole the material supplied.
• thepolera.co.uk reserves the right to refuse web addresses or hypertext links to other web sites from within the thepolera.co.uk site.
• thepolera.co.uk reserves the right to refuse any advertisement and cannot be held liable for any expense or loss as a result of doing so.
 

Copyright Notice

Copyright © 2012 The Polera Ltd

(1) Ownership of copyright
The copyright in this website and the material on this website (including without limitation the text, computer code, artwork, photographs, images, music, audio material, video material and audio-visual material on this website) is owned by The Polera Ltd and our licensors.

(2) Credit
This document was created using a template from SEQ Legal.

(3) Copyright licence
We grant to you a worldwide non-exclusive royalty-free revocable licence to:
(a) view this website and the material on this website on a computer or mobile device via a web browser;
(b) copy and store this website and the material on this website in your web browser cache memory; and
(c) print pages from this website for your own [personal and non-commercial] use.
We do not grant you any other rights in relation to this website or the material on this website. In other words, all other rights are reserved.
For the avoidance of doubt, you must not adapt, edit, change, transform, publish, republish, distribute, redistribute, broadcast, rebroadcast or show or play in public this website or the material on this website (in any form or media) without our prior written permission.

(4) Data mining
The automated and/or systematic collection of data from this website is prohibited.

(5) Permissions
You may request permission to use the copyright materials on this website by writing to [ This e-mail address is being protected from spambots. You need JavaScript enabled to view it ]

(6) Enforcement of copyright
We take the protection of our copyright very seriously.
If we discover that you have used our copyright materials in contravention of the licence above, we may bring legal proceedings against you seeking monetary damages and an injunction to stop you using those materials. You could also be ordered to pay legal costs.
If you become aware of any use of our copyright materials that contravenes or may contravene the licence above, please report this by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .

(7) Infringing material
If you become aware of any material on our website that you believe infringes your or any other person's copyright, please report this by email to This e-mail address is being protected from spambots. You need JavaScript enabled to view it .