Sport England careers: Join a winning team

updated 14^th March 2013

The following terms & conditions of business (‘Terms and Conditions’) regulate your use of this Portal at http://cs.mypbiz.com/sportengland-careers/ (the ‘Portal’) which includes Vacancy listings and information about Sport England. Sport England is also referred in these Terms and Conditions as ‘we’, ‘us’ or ‘our’. When we refer to ‘you’ and ‘your’ we mean the User.

The Portal is offered by MyPeopleBiz Ltd, a company incorporated and registered in England and Wales (company number 06858428) having its registered office at C/O AG Tax, 145 Leadenhall Street, London, EC3V 4QT and which trades as MyPeopleBiz (‘MPB’).

DEFINITIONS AND INTERPRETATION

In these Terms and Conditions the following expressions have the following meanings:

‘Business Day’ means a day (other than a Saturday, Sunday or any other day which is a public holiday in England) when banks in the City of London are open for business;

‘Candidate’ means a person who is interested in finding a Position and is either already registered as a ‘Candidate’ on the MPB Website;

‘Contract Position’ means a Position that is not a Permanent Position and for which a successful Candidate who is engaged by us is paid a salary which has been prorated to the duration of the contract;

‘Candidate Search’ means a search of the MPB Website by us of Candidates’ profiles and/or CVs that the Candidates have uploaded onto the MPB Website;

‘Direct Application’ means the act of a Candidate submitting their details to us using the Portal with a view to being employed or engaged by us to fill a Position advertised on the Portal;

‘Display Salary’ means the free text field in which we, when creating a Vacancy Advertisement, must enter details of the salary or a range of possible salaries being offered in relation to the Vacancy and which will be seen by Users who view the Vacancy Advertisement;

‘Force Majeure’ means any cause beyond our reasonable control including strikes, lock-outs, labour disputes, acts of God, war, riot, civil commotion, malicious damage, terrorism, interruptions in electricity or power supply, computer viruses or bugs, third party computer infiltrations or attacks by hackers, compliance with any law or governmental order, rule, regulation or direction, accident, fire, flood or storm.

‘Intellectual Property Rights’ means patents, rights to inventions, copyright and related rights, trademarks and service marks, trade names and domain names, rights to goodwill or to sue for passing off or unfair competition, rights in registered and unregistered designs, rights in computer software (including source and object code and algorithms), database rights, rights in confidential information (including, without limitation, know-how and trade secrets, processes and other procedures) and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for, renewals or extensions of, such rights and all similar or equivalent rights or forms of protection which subsist or may subsist now or in the future in any part of the world;

‘MPB Website’ means the website www.mypeoplebiz.com which is owned, operated and maintained by MPB (either directly or indirectly).

‘Permanent Position’ means a Position which lasts for an indefinite period;

‘Portal’ means the website http://cs.mypbiz.com/sportengland-careers/ which is owned, operated and maintained by MPB (either directly or indirectly) on behalf of us.

‘Position’ means an actual or proposed engagement with us (whether directly or via an

intermediary), whether temporary, contract or permanent, full time or part-time and whether or not it creates a legal relationship of employer and employee but in any event gives rise to an obligation on the part of us to pay remuneration to the person engaged;

‘Prorated Salary’ means a salary pertaining to a Contract Position, which has been calculated by taking the annual salary applicable to a particular job and adjusting it by the same proportion that the length of the contract bears to a calendar year;

‘Successful Placement’ means when a Candidate who applies for a particular Vacancy directly via the Portal is:

a) hired by us for the Position; and

b) in respect of a Permanent Position, the Candidate remains employed or engaged by us in the Position for at least eight weeks;

‘Tax’ means all forms of taxation and statutory, governmental, state, federal, provincial, local, government or municipal charges, duties, imposts, contributions, levies, withholdings or liabilities wherever chargeable and whether of the UK or any other jurisdiction; and any penalty, fine, surcharge, interest, charges or costs relating thereto;

‘User’ means someone who uses the Portal, regardless of whether or not they make use of the services, including a Candidate;

‘Vacancy’ means any actual or proposed vacancy for a Position;

‘Vacancy Advertisement’ means an advertisement for a Vacancy uploaded to the Portal which includes a brief description of the Vacancy; and

In these Terms and Conditions:

a) clause headings shall not affect the interpretation of these Terms and Conditions;

b) references to clauses are to the clauses of these Terms and Conditions;

c) a reference to a statute, statutory provision or subordinated legislation is a reference to it as it is in force from time to time, taking account of any amendment or re-enactment and includes any statute, statutory provision or subordinate legislation which it amends or re-enacts;

d) reference to a statute or statutory provision shall include any subordinate legislation made from time to time under that statute or statutory provision;

e) words in the singular shall include the plural and vice versa;

f) a reference to ‘writing’ or ‘written’ shall include e-mail;

g) a reference to any gender shall include all genders;

h) any phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

Part 1 – Your use of the Portal and our relationship with you

This part applies to all Users and sets out the terms relating to information on the Portal and how you use the Portal and the services. In addition, this part sets out the general terms relating to our relationship with you.

1. ACCESS

1.1 You undertake to use the Portal and/or services at all times in accordance with these Terms and Conditions.

1.2 From time to time, we or MPB, may restrict access to some parts of the Portal, or the entire Portal, to Users who have registered with MPB.

1.3 MPB will do its best to ensure that the Portal operates properly at all times, but it make no representations and give no warranties as to the availability or accessibility of the Portal and it reserves the right to alter any part of the Portal at any time and to suspend or withdraw the Portal at any time and for any reason. Save as otherwise set out in these Terms and Conditions neither we, nor MPB, shall be liable for any damages, loss, costs or expenses incurred by you as a result of any lack of availability or accessibility of the Portal and any event beyond it or our reasonable control.

1.4 You are responsible for making all arrangements necessary for access to the Portal. You are also responsible for ensuring that all persons who access our Portal through your internet connection are aware of these Terms and Conditions and that they comply with them.

2. LINKS

2.1 You may link to the MPB Website homepage provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. However, you must not establish a link in any way that suggests any form of association, approval or endorsement on our part where none exists. MPB reserves the right to withdraw linking permission without notice. The website from which you are linking must comply in all respect with the use provisions of these Terms and Conditions.

2.2 The Portal must not be framed on any other website and you must not create a link to any part of our Portal.

2.3 Any link (be it a hypertext link or other referral device) to any content of any other website (‘3rd Party Website’) accessed through the Portal is provided solely for the use and convenience of the User. We do not endorse or approve the content of any 3rd Party Website. We are not responsible for the content of any 3rd Party Website nor will we have any liability in connection with any 3rd Party Website (including, but not limited to, liability arising out of any allegation that the content of any 3rd Party Website infringes any law or the rights of any person or entity).

3. INTELLECTUAL PROPERTY RIGHTS

3.1 All Intellectual Property Rights in or relating to the Portal and the material on it (including all text, trademarks, data, graphics, layout, logos, images, audio material, clips, films or other moving images and algorithms) belong to either us or our licensors. Nothing contained in these Terms and Conditions or the Portal should be construed as granting by implication or otherwise, any licence or right to use such Intellectual Property Rights except as otherwise provided below.

3.2 You may download the Portal to your computer and print or copy extracts from the Portal for your personal use only (limited to one copy of each extract or page). You may not otherwise publish, copy, distribute, modify, transmit or reproduce in any form (whether in hard copy, electronic or otherwise) the information and materials on the Portal without our express permission in writing, nor use the information and materials on the Portal for any commercial purpose not expressly contemplated by these Terms and Conditions. Except in respect of any agreed aspect, no part of the content of the Portal may be incorporated into or stored in any other website or other work in any form.

3.3 Notwithstanding the above, caching of the Portal is permitted by an information service provider acting in the normal course of its business as provided for in the Electronic Commerce (EC Directive) Regulations 2002.

4. DATA PROTECTION

All personal data collected from you on or through the Portal will be processed in accordance with our Privacy Policy.

5. USER REQUIREMENTS

5.1 By using the Portal you warrant that you are 18 years of age or older.

5.2 You agree not to do any of the following:

a) defame, abuse, harass, threaten or otherwise violate or infringe the rights of any person or entity (including, but not limited to, any Intellectual Property Rights or privacy rights) whilst using the Portal;

b) use the Portal (or any part thereof) for any illegal purpose or in breach of any relevant laws;

c) use the Portal (or any part thereof) in a way that may cause the Portal to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Portal is in any way impaired or cause any data stored via the Portal to be corrupted;

d) impersonate any person or entity nor attempt any unauthorised access to any part or component of the Portal;

e) attempt to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Portal;

f) gain, or attempt to gain, unauthorised access to the Portal, the server on which our Portal is stored or any server, computer or database connected to our Portal. You must not attack our Portal via denial of service or a distributed denial of service attack; nor

g) uploadany data, programme, or other device, which contains viruses, Trojan horses, worms, logic bombs or any other such harmful implements intended to cause damage to or interfere with the Portal or intended to obtain personal information or data.

5.3 You agree that in the event that you have any right, claim or action against any other User arising out of that User's use of the Portal, then you will pursue such right, claim or action independently of, and without recourse to us or MPB.

6. TERMINATION AND BREACH OF THESE TERMS AND CONDITIONS

6.1 Without limiting our other remedies, we and/or MPB reserve the right to suspend or cancel your right to use the Portal, any login or password and/or the services at any time and for any reason, including without limitation, where you are in breach of these Terms and Conditions or are abusing the use of the Portal or the services or where we or MPB have reasonable grounds to believe that you have breached these Terms and Conditions or have abused the use of the Portal or the services.

6.2 The remedies available to each party under these Terms and Conditions shall include (but not be limited to) all available equitable remedies.

7. WARRANTIES AND LIABILITY

7.1 Whilst we have prepared the content of the Portal in good faith and with reasonable care and skill, we make no representation and give no warranty (express or implied) about any of the content of the Portal (including, but not limited to, any as to the quality, accuracy, completeness or fitness for any particular purpose of such content). Whilst we shall try to keep the material on the Portal up to date, we shall not be liable to you or to any other party for any delays, errors or omissions in doing so.

7.2 MPB do not vet and are not responsible for the content of Vacancy Advertisements. The details and description of the Vacancies advertised are supplied by those advertising the Vacancies. MPB are not able to verify the accuracy of the content (including, but not limited to, any statements and descriptions) of the Vacancies advertised or other information provided by us. Any information in the advertisements or any information included on the Portal is followed by you at your own risk and MPB do not warrant the accuracy of the content in any respect and are not liable for any use or reliance you (or anyone who may be informed of its contents) make of or put on it.

7.3 Neitherwe nor MPB can advise you on issues of employment law and you should consult a suitably qualified lawyer if you have any specific legal questions or problems. Any information contained on the Portal is general information only and nothing on the Portal can be construed as advice on legal or employment issues.

7.4 MPB acts as a passive conduit for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and are not responsible for screening or monitoring material posted by Users. If notified by a User of communications which allegedly do not conform to these Terms and Conditions, we or MPB may investigate the allegation and determine in good faith and at our sole discretion whether to remove or request the removal of the communication. Neither we, nor MPB, have any liability or responsibility to Users for performance or non-performance of such activities. We and MPB reserve the right to expel Users and prevent their further access to the Portal for violating these Terms and Conditions or the law and the right to remove communications which are abusive, illegal or disruptive. We, or MPB, may take any action with respect to User submitted information that we deem necessary or appropriate in our sole discretion if we believe it may create liability for us or MPB, or may cause us or MPB, to lose (in whole or in part) the services of our internet service providers or other suppliers.

7.5 To the extent that we, or MPB, are found to be liable to you in respect of the Portal or the Services (whether arising from breach of contract, negligence, breach of any common law or statutory duty to take reasonable care or exercise reasonable skill, or otherwise) our entire liability to you shall, subject to clause7.7 below, be limited in aggregate to the sum of £500.

7.6 Neither we, nor MPB, shall be liable for any loss or damaged caused by a distributed denial of service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Portal or to your downloading of any material posted on it, or any website linked to it.

7.7 Neither we, nor MPB,shall be liable (whether arising from breach of contract, negligence or otherwise) for any direct, indirect or consequential loss or damage incurred by any user in connection with the Portal or in connection with the use, inability to use (whether through any software failure or technical malfunction of the Portal) , or results of the use of the Portal, any websites linked to it and any materials posted on it, including, without limitation any liability for any loss of profits, loss of income, loss of contracts, loss of data, loss of revenue, loss of anticipated savings, wasted management or office time, loss of business or goodwill, and whether or not we have been advised of the possibility of the loss or whether such loss is foreseeable.

7.8 Nothing within these Terms and Conditions operates so as to exclude, limit or restrict our liability for death or personal injury or for any other liability, the exclusion of which is expressly prohibited by statute.

8. YOUR LIABILITY

8.1 You hereby indemnify us and agree to keep us indemnified against any and all claims, damages, losses, liabilities and costs arising from and in connection with:

· your misuse and abuse of the Portal and/or Services;

· any breach of clauses5.2 or5.3

· your breach of these Terms and Conditions including, for the avoidance of doubt, any materials you submit to the Portal or encourage any third parties to submit.

9. GENERAL

9.1 If any provision of these Terms and Conditions shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and Conditions and that provision shall not affect the validity and enforceability of any remaining provisions.

9.2 All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered e-mail address and all notices which you give to us under these Terms and Conditions are to be sent to us at info@sportengland.org

9.3 No failure or delay by us in exercising our rights under these Terms and Conditions will be deemed to be a waiver of that right, and no waiver by us of any breach will be considered as a waiver of any subsequent breach.

9.4 All rights not expressly granted in these Terms and Conditions are reserved to us.

9.5 These Terms and Conditions together with the Privacy Policy (and any other conditions specifically agreed between us to apply) set out the entire agreement between you and us in respect of the use of the Portal and the services. They supersede any previous agreement or understanding in relation to the subject matter hereof. We may revise these Terms and Conditions and the Privacy Policy at any time by amending this page. You are expected to check this page or the Portal from time to time to take notice of any changes we made, as they are binding on you. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on our Portal.

9.6 The Portal is currently only intended for the information and use of residents in the UK. We make no claims that the content of the Portal may be lawfully viewed or downloaded outside of the UK. Access to the content of the Portal may not be legal to certain persons or in certain countries. If you access the Portal from outside the UK, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. If you list your place of residence, when registering to use the Portal, as being in the United Kingdom then you are representing to us that you are a resident of the United Kingdom and we will and are entitled to rely on this representation for the purposes of providing you with the Services and permitting you to use the Portal.

9.7 Any delay in or failure by us to perform any obligation under these Terms and Conditions shall not constitute a breach of such obligation if and to the extent that such delay or failure is caused by Force Majeure. If our obligation(s) cannot be performed on time or at all as a direct result of Force Majeure we shall use all reasonable endeavours to minimise the effect of the Force Majeure.

9.8 These Terms and Conditions shall be governed by, and construed in accordance with, the laws of England and Wales and both we and you submit to the exclusive jurisdiction of the English courts.

The following parts relate specifically to the following Users respectively:

Jobseekers/Candidates

Part 3 – Candidates

10. VACANCIES OFFERED

10.1 No warranties or representations are made in respect of any Vacancies advertised on the Portal, including, but not limited to, the quality of any Position.

10.2 MPB shall not, and is under no obligation to, become involved in, or concern itself with, any dispute which may arise between a Candidate and/or us in respect of a Vacancy including, but not limited to, any dispute about the quality of work, hours of work or pay.

11. APPLICATIONS

11.1 If you wish to make a Direct Application for a Position advertised on the Portal, you must register on the MPB Website by completing the online Candidate registration form. Once you have submitted your details, an e-mail will be sent to you confirming your User ID and successful registration.

11.2 Your details will be stored in a ‘Profile’, which you will be able to access (using your User ID and password) at any time. You are responsible for keeping the personal information in your Profile correct and up to date. If your details change, you undertake to update your Profile as soon as reasonably possible.

11.3 MPB will take such measures to preserve your confidentiality in accordance with its Privacy Policy. This clause is subject to any legal obligations that MPB may have, or become subject to, (including but not limited to court orders) to disclose information pertaining to you.

11.4 Once you have applied for a Vacancy through browsing the Portal yourself, you should receive all further communications from us, informing you whether or not we wish to consider you for the Vacancy and arranging interview times, if applicable. By applying for a Vacancy, you are consenting to your contact details being made available to us.

11.5 In the event that a particular Position requires you to have certain qualifications or authorisations you will:

a) obtain copies of the relevant qualifications or authorisations and provide these to us; and

b) take all other steps that are reasonably required by us to ensure that you are suitable for the specific Position. You acknowledge that all qualifications and authorisations may be verified by us.

11.6 You acknowledge that MPB does not act as an agent for us, nor does MPB act as your agent. MPB shall also not act as an intermediary between you and us, and you acknowledge and agree that MPB shall not enter into correspondence or discussions or negotiations with us on your behalf.

PRIVACY POLICY

Sport England ("We") are committed to protecting and respecting your privacy.

This policy sets out the basis on which any personal data we collect from you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 1998 (the Act), the data controller is the HR Department at 3rd Floor Victoria House, Bloomsbury Square, London, WC1B 4SE. This policy should be read in conjunction with the our web sites privacy policies of the groups various websites accessed from http://www.sportengland.org This careers portal (“Portal”) is provided by and operated on our behalf by MyPeopleBiz Ltd of C/O AG Tax, 145 Leadenhall Street, London, EC3V 4QT and which trades as MyPeopleBiz from MyPeopleBiz’s website www.mypeoplebiz.com (the “Site”).

You may have already submitted personal information to MyPeopleBiz through the Site. MyPeopleBiz has its own privacy policy www.mypeoplebiz.com/privacy-policy and terms and conditions for the Site www.mypeoplebiz.com/terms Please read these to understand how MyPeopleBiz uses and protects the information that you provide via the Site.

Information we may collect

We may collect and process the following data about you:

· Information that you provide by filling in forms on the Portal. This includes information provided at the time of registering to use our Portal, subscribing to our service, posting material or requesting further services. We may also ask you for information when you report a problem with our Portal.

· Your CV, if you upload it to our Portal.

· If you contact us, we may keep a record of that correspondence.

· We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

· Details of transactions you carry out through our Portal and of the fulfilment of your orders.

· Details of your visits to our site and the resources that you access.

· If you login to our Portal using an existing MyPeopleBiz profile, your MyPeopleBiz personal profile will be transferred by MyPeopleBiz to us. Your personal profile will comprise the information that you submitted upon registering with the Site (as updated by you).]

· We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

Cookies

For the same reason, we may obtain information about your general internet usage by using a cookie file which is stored on your browser or the hard drive of your computer. Cookies contain information that is transferred to your computer's hard drive. They help us to improve our site and to deliver a better and more personalised service. Some of the cookies we use are essential for the site to operate.

If you register with us or if you use or continue to use our Portal, you agree to our use of cookies.

Where we store your personal data

Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses made of the information

We use information held about you in the following ways:

· If you apply for a job through our Portal, to evaluate your application for such job.

· To provide you with information or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

· To carry out our obligations arising from any contracts entered into between you and us.

· To allow you to participate in interactive features of our service, when you choose to do so.

· To ensure that content from our site is presented in the most effective manner for you and for your computer.

· To notify you about changes to our service.

Disclosure of your information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

· In the event that Sport England is dissolved and its functions transferred to another public or private body or a government department, we may disclose your personal data to that body or department. If we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply the terms of any agreement; or to protect the rights, property, or safety of Sport England, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

Your rights

You have the right to ask us not to process your personal data for marketing purposes. We will usually inform you (before collecting your data) if we intend to use your data for such purposes or if we intend to disclose your information to any third party for such purposes. You can exercise your right to prevent such processing by checking certain boxes on the forms we use to collect your data. You can also exercise the right at any time by contacting us at HR Department, 3rd Floor Victoria House, Bloomsbury Square, London, WC1B 4SE.

Our site may, from time to time, contain links to and from the websites of our partner networks, advertisers and affiliates. If you follow a link to any of these websites, please note that these websites have their own privacy policies and that we do not accept any responsibility or liability for these policies. Please check these policies before you submit any personal data to these websites.

Access to information

The Act gives you the right to access information held about you. Your right of access can be exercised in accordance with the Act. Any access request may be subject to a fee of £10 to meet our costs in providing you with details of the information we hold about you. You can also exercise the right at any time by contacting us at HR Department, 3rd Floor Victoria House, Bloomsbury Square, London, WC1B 4SE.

Changes to our privacy policy

Any changes we may make to our privacy policy in the future will be posted on this page and, where appropriate, notified to you by e-mail.

Contact

Questions, comments and requests regarding this privacy policy are welcomed and should be addressed to HR Department at 3rd Floor Victoria House, Bloomsbury Square, London, WC1B 4SE