Terms and Conditions

April 10, 2013

IMPORTANT! PLEASE CAREFULLY READ THESE TERMS OF USE (“TERMS”) BEFORE USING THIS WEB SITE, AS THEY AFFECT YOUR LEGAL RIGHTS AND OBLIGATIONS.These Terms apply to the clairescareers.com web site (however accessed or used, whether via personal computers, mobile phones, tablet devices, or otherwise) ( the “Site”), which is owned and controlled by Claire’s European Services Limited (“Claire’s,” “we,” “our” or “us”). You agree to these Terms by accessing or using the Site. IF YOU DO NOT AGREE TO BE BOUND BY ALL OF THESE TERMS DO NOT USE THE SITE.

In some instances, both these Terms and a separate terms of service or guidelines document setting forth additional conditions may apply to a service or product offered via the Site (“Additional Terms”). To the extent there is a conflict between these Terms and any Additional Terms, the Additional Terms will control unless the Additional Terms expressly state otherwise. Please also review this Site’s Privacy Policy.

Equal Opportunity Employer

Claire’s complies with applicable nondiscrimination laws in the place of employment. Claire’s is an equal opportunity employer. Claire’s recruits, employs, trains, compensates and promotes regardless of race, religion or belief, colour, ethnic or national origin, nationality, sex, sexual orientation, gender reassignment, disability, age, marital or civil partner status, pregnancy or maternity, and other protected status as required by applicable law.

Site Content

Unless otherwise explicitly specified, all materials that are included in or are otherwise a part of the Site (and all past, present and future versions), including, without limitation: graphics; layout; text; instructions, widgets; images; audio videos; designs; advertising copy; logos; domain names; trade names; and trade identities; any and all copyrightable material (including source and object code); the “look and feel” of the Site; the compilation, assembly and arrangement of the materials of the Site; and all other materials related to the Site (collectively, the “Site Content”) are owned, controlled or licensed by Claire’s, its subsidiaries or affiliates and are protected from unauthorized use, copying and dissemination by copyright, trademark, patent, publicity and other laws, rules, regulations and international treaties.

The Site Content is for your general information and use only. We can change it without notice and at any time. In particular, any job vacancy advertised on the Site may be withdrawn or modified at any time and for any reason. We are not obliged to fill any job vacancy advertised on the Site.

The Site Content may not be copied, reproduced, downloaded or distributed in any way, in whole or in part, without the express permission of Claire’s, unless and except as is expressly provided in these Terms. Any unauthorized use of the Site Content is prohibited. 



Nothing in the Site Content constitutes an offer of employment with Claire’s nor does it constitute a representation or determine in any way what the terms and conditions of any offer of employment would be (including the job content, working conditions or environment). Any risk associated with the transmission of your personal data via the internet (or email) is solely assumed by you. We are not liable to you in any way if we do not receive all or part of any job application which you make to us or if we fail to process or take action on that application. We are not obliged to acknowledge receipt of any job application, check that the information you have given in the application is correct, notify you of the outcome of the application, or provide you with feedback about the application.

NOTICE TO THIRD PARTY SITES: Any of our Site Content made available in connection with your site, or otherwise, is our exclusive property and no grant of any intellectual property rights is made by us. We retain the right to demand that you cease any use of our Site Content upon notice and you will do so.

Your Licence to Use Site Content

Subject to your strict compliance with these Terms, Claire’s grants you a limited, personal, non-exclusive, non-commercial, revocable, non-assignable and non-transferable licence to download, view and/or play one copy of the Site Content on any single computer for your personal, non-commercial use only, provided that: (a) you keep intact all copyright and other proprietary notices contained in the original Site Content or any copy you may make of the Site Content; (b) you do not use the Site Content in a manner that suggests an association with any of our products, services or brands; (c) you make no modifications to the Site Content; (d) you do not allow or aid or abet any third party (whether or not for your benefit) to: (i) copy or adapt the object code of any of the Site’s software, HTML, JavaScript or other code; or (ii) reverse engineer, decompile, reverse assemble, modify or attempt to discover any source code that the Site creates to generate its web pages or any software or other products or processes accessible through the Site; and (e) you do not insert any code or product to manipulate the Site Content in any way that affects any user’s experience. 



You also agree that you will not: (a) use any robot, spider, rover, scraper, or any other data mining technology or automatic or manual process to monitor, cache, frame, mask, extract data from, copy or distribute the Site Content (except as may be a result of standard search engine or Internet browser usage), nor will you (b) modify, frame, reproduce, archive, sell, lease, rent, exchange, create derivative works from, publish by hard copy or electronic means, publicly perform, display, disseminate, distribute, broadcast, retransmit, circulate to any third party or on any third-party web site, or otherwise use the Site Content in any way except as specifically permitted by these Terms or otherwise in writing by Claire’s.

Employee Content

Employee profiles and testimonials may be included on the Site. This will be done with the consent of the employee, and the employee may at any time request that this content be removed.

Acceptable Use Policy

When using the Site, you are prohibited from: (i) violating any law; (ii) violating any right of Claire’s or any third party, including, without limitation, intellectual property rights; (iii) uploading or transmitting viruses, malware, Trojan horses or other harmful, disruptive or destructive files or otherwise interfering with any third party’s uninterrupted use and enjoyment of the Web Site; and/or (iv) using or attempting to use another’s information, account, password, service or system except as expressly permitted. You represent and agree that you will comply with the above acceptable use policy.

Social Content Distribution

Claire’s may grant you — but only through express written permission — the limited, revocable permission to engage in certain expressly described personal uses of Site Content as may from time to time be made available via forms of digital delivery on the Site for such purpose (“Social Distribution”). Express written permission for Social Distribution may include these personal uses: (a) sending Site Content to friends or acquaintances at no charge; (b) posting and displaying a copy of Site Content on a personal web site; or (c) posting and displaying a copy of Site Content on a third party web site that permits users to post content, so long as the posting is allowed pursuant to the third party site terms and conditions, and provided that the third party web site does not charge for access to those materials or associate those materials with products, services or advertising. If expressly permitted and made available on the Site, you may engage in Social Distribution pursuant to these Terms, but you will not make any use of or license, distribute, reproduce, or otherwise exploit any part of the Site Content without our express written permission.

Membership & Registration


Certain areas of the Site may require registration or may otherwise ask you to provide information to participate in certain features or access certain Site Content. Registration will allow you to save searches and will provide other similar functionality. You do not have to register in order to apply for a job. The decision to provide this information is purely optional; however, if you elect not to provide such information, you may not be able to access certain Site Content or participate in certain features of the Site. When you provide information to the Site, you agree to provide only true, accurate, current and complete information and to update it as necessary to maintain its truth and accuracy. 



If you register with us, you agree to accept responsibility for all activities that occur under your account or password, if any, and you agree you will not sell, transfer or assign your membership or any membership rights. You are responsible for maintaining the confidentiality of your password, if any, and for restricting access to your computer (or other Internet access device, as applicable) so that others may not access the password protected portion of the Site using your name in whole or in part. Claire’s reserves the right to terminate your account or otherwise deny you access in its sole discretion without notice and without liability.

Links and Content

There may be links from the Site, or from communications you receive from the Site, to third party web sites, or our Site may include third party content that we do not control, maintain or endorse. Accessing those third party sites requires you to leave the Site. We do not control those third party sites or any of the content contained therein and you expressly acknowledge and agree that we are in no way responsible or liable for any of those third party sites, including, without limitation, their content, policies, failures, promotions, products, services, actions and/or any damages, losses, failures or problems caused by, related to or arising from those third parties or their sites. YOUR CORRESPONDENCE AND BUSINESS DEALINGS WITH OTHERS FOUND ON OR THROUGH THIS SITE (clairescareers.com) INCLUDING, WITHOUT LIMITATION, PAYMENT FOR AND DELIVERY OF THIRD PARTY PRODUCTS AND SERVICES, AND ANY TERMS, CONDITIONS, WARRANTIES AND REPRESENTATIONS ASSOCIATED WITH ANY SUCH DEALINGS, ARE SOLELY BETWEEN YOU AND THE THIRD PARTY. CLAIRE’S ENCOURAGES YOU TO REVIEW ALL POLICIES, RULES, TERMS AND REGULATIONS, INCLUDING THE PRIVACY POLICIES AND TERMS OF USE, OF EACH AND ANY THIRD PARTY SITE THAT YOU VISIT.


Claire’s grants you the revocable permission to link to the Site; provided, however, that your web site, or any third party web sites that link to the Site: (a) must not frame or create a browser or border environment around any of the content on the Site or otherwise mirror any part of the Site; (b) must not imply that Claire’s or the Site is endorsing or sponsoring it or its products, unless Claire’s has given its prior written consent; (c) must not present false information about, or disparage, tarnish, or otherwise, in Claire’s sole opinion, harm Claire’s or its products or services; (d) must not use any Claire’s trademarks without prior written permission from Claire’s; (e) must not contain content that could be construed as distasteful, offensive or controversial or otherwise objectionable (in Claire’s sole opinion); and (f) must be owned and controlled by you or the person or entity placing the link, or otherwise permit you to enable such link subject to these Terms. By linking to the Site, you agree that you do and will continue to comply with the above linking requirements. 



Notwithstanding anything to the contrary contained in these Terms, Claire’s reserves the right to prohibit linking to the Site for any reason in our sole and absolute discretion even if the linking complies with the requirements described above.

Mobile

The Site may offer features and services that are available to you via your mobile phone or other mobile device. These features and services may include, without limitation, the ability to upload content to the Site, receive messages from the Site, download applications to your mobile phone or access Site features (collectively, the “Mobile Features”). Standard messaging, data and other fees may be charged by your carrier. Fees and charges will appear on your mobile bill or be deducted from your pre-paid balance. Your carrier may prohibit or restrict certain Mobile Features and certain Mobile Features may be incompatible with your carrier or mobile device. Contact your carrier with questions regarding these issues. As applicable, instructions regarding how to opt-out of Mobile Features will be disclosed in connection with Mobile Features. The instructions will typically require you to text a keyword (e.g., “STOP,” “ARRET”, “CANCEL,” “END,” “UNSUBSCRIBE,” “QUIT,” etc.) to the applicable shortcode for the Mobile Feature. 



If you have registered for Mobile Features, you agree to notify Claire’s of any changes to your mobile number and update your account(s) on the Site to reflect this change.

Your Warranties

You represent and warrant that: (i) you are at least the age of majority in your jurisdiction of residence and you have the legal right and capacity to enter into agreement via these Terms in your jurisdiction and to comply with these Terms or, if you are a minor, your parent or legal guardian has read and agreed to these Terms on your behalf; (ii) all information you provide to Claire’s is accurate and complete; (iii) you hold and will continue to hold all rights necessary to enter into and perform your obligations under these Terms. You also agree that you will be responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for access to and use of the Site and you will be responsible for all charges related thereto.

Our Disclaimer of Warranties

THE SITE, INCLUDING, WITHOUT LIMITATION, THE SITE CONTENT, ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS. TO THE FULLEST EXTENT PERMISSIBLE BY LAW, CLAIRE’S AND ITS EMPLOYEES, MANAGERS, OFFICERS, SHAREHOLDERS, AGENTS, VENDORS, AND CONTRACTORS (COLLECTIVELY, THE “CLAIRE’S PARTIES”) MAKE NO REPRESENTATIONS OR WARRANTIES OR ENDORSEMENTS OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, AS TO: (A) THE SITE; (B) THE SITE CONTENT ON OR PROVIDED THROUGH THE SITE; (C) DOWNLOADS OR WIDGETS; (D) USER CONTENT; (E) THE FUNCTIONS MADE ACCESSIBLE ON OR THROUGH THE SITE; (F) ANY PRODUCTS, SERVICES OR INSTRUCTIONS OFFERED OR REFERENCED AT THE SITE; OR (G) SECURITY ASSOCIATED WITH INFORMATION TRANSMITTED TO CLAIRE’S OR VIA THE SITE.



THE CLAIRE’S PARTIES DO NOT REPRESENT OR WARRANT THAT THE SITE OR THE FUNCTIONS CONTAINED THEREIN WILL BE ERROR-FREE OR UNINTERRUPTED; THAT DEFECTS WILL BE CORRECTED; OR THAT THE SITE OR THE SERVER THAT MAKES THE SITE AVAILABLE IS FREE FROM ANY HARMFUL COMPONENTS, INCLUDING, WITHOUT LIMITATION, VIRUSES. THE CLAIRE’S PARTIES DO NOT MAKE ANY REPRESENTATIONS OR WARRANTIES THAT THE INFORMATION (INCLUDING ANY INSTRUCTIONS) ON THE SITE IS ACCURATE, COMPLETE, CORRECT, ADEQUATE, USEFUL, TIMELY, RELIABLE OR OTHERWISE. YOU ACKNOWLEDGE, BY YOUR USE OF THE SITE, THAT YOUR USE IS AT YOUR SOLE RISK. THE CLAIRE’S PARTIES DO NOT WARRANT THAT YOUR USE OF THIS SITE IS LAWFUL IN ANY PARTICULAR JURISDICTION, AND THE CLAIRE’S PARTIES SPECIFICALLY DISCLAIM SUCH WARRANTIES. SOME JURISDICTIONS LIMIT OR DO NOT ALLOW THE DISCLAIMER OF IMPLIED OR OTHER WARRANTIES SO THE ABOVE DISCLAIMER MAY NOT APPLY TO THE EXTENT SUCH JURISDICTION’S LAW IS APPLICABLE TO THESE TERMS. 



BY ACCESSING OR USING THE SITE YOU REPRESENT AND WARRANT THAT YOUR ACTIVITIES ARE LAWFUL IN EVERY JURISDICTION WHERE YOU ACCESS OR USE THE SITE. 



THE CLAIRE’S PARTIES DO NOT ENDORSE USER CONTENT OR COLLABORATIVE CONTENT, ARE NOT RESPONSIBLE FOR USER CONTENT OR COLLABORATIVE CONTENT, AND, EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ANY OF THE CLAIRES PARTIES OR WHERE THE DISCLAIMER BELOW WOULD LIMIT THE LIABILITY FOR FRAUD OF ANY CLAIRES PARTY, SPECIFICALLY DISCLAIM ANY RESPONSIBILITY OR LIABILITY TO ANY PERSON OR ENTITY (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH USER CONTENT OR COLLABORATIVE CONTENT) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER BASED UPON OR RESULTING FROM ANY USER CONTENT OR COLLABORATIVE CONTENT OBTAINED THROUGH THE SITE.

Limitation of Liability; Waiver

EXCEPT IN CASES OF DEATH OR PERSONAL INJURY CAUSED BY THE NEGLIGENCE OF ANY OF THE CLAIRES PARTIES OR WHERE THE WAIVER BELOW WOULD LIMIT THE LIABILITY FOR FRAUD OF ANY CLAIRES PARTY, UNDER NO CIRCUMSTANCES WILL THE CLAIRE’S PARTIES BE LIABLE TO YOU FOR ANY LOSS OR DAMAGE OF ANY KIND (INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, ECONOMIC, EXEMPLARY, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL LOSS OR DAMAGE OR LOST PROFITS, LOSS OF GOODWILL, LOSS OF DATA EVEN IF FORESEEABLE OR EVEN IF THE CLAIRE’S PARTIES HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, STRICT LIABILITY OR TORT (INCLUDING, WITHOUT LIMITATION, WHETHER CAUSED IN WHOLE OR IN PART BY NEGLIGENCE, ACTS OF GOD, TELECOMMUNICATIONS FAILURE, OR THEFT OR DESTRUCTION OF THE SITE) THAT ARE DIRECTLY OR INDIRECTLY RELATED TO: (A) THE SITE; (B) THE SITE CONTENT; (C) DOWNLOADS OR WIDGETS; (D) USER CONTENT; (E) YOUR USE OF, INABILITY TO USE, OR THE PERFORMANCE OF THE SITE; (F) ANY ACTION TAKEN IN CONNECTION WITH AN INVESTIGATION BY THE CLAIRE’S PARTIES OR LAW ENFORCEMENT AUTHORITIES REGARDING YOUR USE OF THE SITE; (G) ANY ACTION TAKEN IN CONNECTION WITH COPYRIGHT OR OTHER RIGHTS OWNERS; (H) ANY ERRORS OR OMISSIONS IN THE SITE’S TECHNICAL OPERATION; OR (I) ANY DAMAGE TO ANY USER’S COMPUTER, HARDWARE, COMPUTER SOFTWARE, CELLULAR PHONE, MODEM OR OTHER EQUIPMENT OR TECHNOLOGY INCLUDING, WITHOUT LIMITATION, DAMAGE FROM ANY SECURITY BREACH OR FROM ANY VIRUS, BUGS, TAMPERING, FRAUD, ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER LINE OR NETWORK FAILURE OR ANY OTHER TECHNICAL OR OTHER MALFUNCTION OR WORK STOPPAGE. 



YOU AGREE THAT IN THE EVENT YOU INCUR ANY DAMAGES, LOSSES OR INJURIES THAT ARISE OUT OF CLAIRE’S ACTS OR OMISSIONS, THE DAMAGES, IF ANY, CAUSED TO YOU ARE NOT IRREPARABLE OR SUFFICIENT TO ENTITLE YOU TO AN INJUNCTION PREVENTING ANY EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE CLAIRE’S PARTIES, AND YOU WILL HAVE NO RIGHTS TO ENJOIN OR RESTRAIN THE DEVELOPMENT, PRODUCTION, DISTRIBUTION, ADVERTISING, EXHIBITION OR EXPLOITATION OF ANY WEB SITE, PROPERTY, PRODUCT, SERVICE, OR OTHER SITE CONTENT OWNED OR CONTROLLED BY THE CLAIRE’S PARTIES. 

Indemnification

You agree to defend, reimburse and hold the Claire’s Parties harmless from and against any and all claims, damages, costs, investigations, liabilities, judgments, settlements and expenses, including attorneys fees, that directly or indirectly arise from or are otherwise directly or indirectly related to: (a) your use of the Site or activities in connection with the Site; (b) your breach (actual or alleged) or anticipatory breach of these Terms; (c) your violation of any laws, rules, regulations, codes, statutes, ordinances or orders of any governmental and quasi-governmental authorities, including, without limitation, all regulatory, administrative and legislative authorities; (d) information or material transmitted through your computer or other device, even if not submitted by you, that infringes, violates or misappropriates any copyright, trade identity, trade secret, trade dress, patent, publicity, privacy or other right of any person or defames any person; (e) any misrepresentation made by you; (f) the Claire’s Parties’ use of your information as permitted under these Terms, the Privacy Policy, or any other written agreement between you and Claire’s; or (g) user content. You will cooperate as fully required by the Claire’s Parties in the defence of any relevant claim. The Claire’s Parties reserve the right to assume the exclusive defence and control of any claim otherwise subject to this clause, and you will not in any event settle any claim without the prior written consent of a duly authorized employee of the Claire’s Parties.

Term and Termination


Claire’s reserves the right to terminate your access to and use of the Site and any of its features in its sole discretion, without notice and liability, including, without limitation, if Claire’s believes your conduct fails to conform to these Terms or any Additional Terms. Claire’s also reserves the right to investigate suspected violations of these Terms. Any violation of these Terms may be referred to law enforcement authorities. 



Upon termination of your access to the Site, or upon demand from Claire’s, all rights granted to you under these Terms will cease immediately, and you agree that you will: (a) immediately discontinue use of the Site; (b) destroy all Site Content obtained from the Site and all related documentation; and (c) as applicable, pay any amounts owed to Claire’s in full within thirty (30) days from the date of such termination and continue to pay any other amounts owed under these Terms. 



Claire’s also reserves the exclusive right to modify, withdraw, suspend or discontinue, temporarily or permanently, at any time and from time to time, any Site Content, information or content available on the Site, without limitation, in whole or in part, including the cessation of all activities associated with the Site, with or without notice. You agree that Claire’s will not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or any part thereof. Claire’s also reserves the right to charge for use of the Site, in whole or in part, and to change its fees from time to time in its discretion.

Location of Site and Territorial Restrictions

The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject Claire’s to any registration requirement within such jurisdiction or country. Claire’s controls and operates the Site from offices located in the United Kingdom. Anyone using or accessing the Site from locations outside the United Kingdom does so on their own initiative and is responsible for compliance with United Kingdom laws regarding online conduct and acceptable content, if and to the extent such laws are applicable. We reserve the right to limit the availability of the Site and/or the provision of any content, program, product, service or other feature described or available thereon to any person, geographic area, or jurisdiction, at any time and in our sole discretion, and to limit the quantities of any such content, program, product, service or other feature that we provide. 



You agree to comply with all rules, laws and regulations that are applicable to your use of the Site, including, without limitation, those governing your transmission or use of any software or data.

Governing Law; Disputes

These terms and conditions are governed by the law of England and Wales and any dispute as to their interpretation or enforcement is subject to the non-exclusive jurisdiction of the courts of England and Wales.

Miscellaneous

The failure of Claire’s to act with respect to a breach of these Terms by you or others does not constitute a waiver and will not limit Claire’s rights with respect to such breach or any subsequent breaches. No waiver by Claire’s of any of these Terms will be of any force or effect unless made in writing and signed by a duly authorized office of Claire’s. Neither the course of conduct between the parties nor trade practice will act to modify these Terms. Claire’s may assign its rights and duties under these Terms to any party at any time without any notice to you. These Terms may not be assigned by you without Claire’s prior written consent. If any provision of these Terms will be unlawful, void, or for any reason unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions. The Section titles are inserted only as a matter of convenience and have no legal or contractual effect. You agree that these Terms will not be construed against Claire’s by virtue of Claire’s having drafted them. 



Claire’s will not be liable to you or be deemed to be in breach of its obligations under these Terms for any delay or failure in performance caused by acts beyond Claire’s reasonable control, including, without limitation, acts of God, war, terrorism, accidents, fires, floods, strikes, labour disputes, mechanical breakdown, shortages or delays in obtaining supplies, materials, labour or transportation, interruption of utility services or the internet, acts of any unit of government or any governmental agency, or any similar or dissimilar cause.

Modifications


Claire’s reserves the right to modify or add to these Terms at any time without prior notice (“Updated Terms”). You agree that we may notify you of the Updated Terms by making them available via the Site, and that your use of the Site after we have posted the Updated Terms (or engaging in such other conduct as we may reasonably specify) constitutes your agreement to the Updated Terms. Therefore, you should review these Terms before using the Site. The Updated Terms will be effective as of the time of posting, or such later date as may be specified in the Updated Terms, and will apply to your use of the Site from that point forward.

Contact Information

The Site is owned and operated by Claire’s European Services Limited, a limited company registered in England and Wales under company number 06540979 whose registered office is Unit 4, Bromford Gate, Bromford Lane, Erdington, Birmingham B24 8DW.

If you have any questions or concerns with this Agreement or the Site you may contact us by e-mail at legal@claires.com.