Candidate User Terms & Conditions
THIRD WAY RECRUITMENT LIMITED
CANDIDATE TERMS AND CONDITIONS
THIS DOCUMENT SETS OUT THE TERMS AND CONDITIONS (“TERMS”) ON WHICH THIRD WAY RECRUITMENT LIMITED (COMPANY NO. 10399058) OF CHADDESLEY SANFORD 3RD FLOOR, 3 FITZHARDINGE STREET, LONDON (“TW”, “WE”, “US” OR “OUR”) PROVIDES YOU (“YOU”, “YOUR” OR “CANDIDATE”) WITH CERTAIN SERVICES THROUGH ITS WEBSITE www.thirdway.pro (“WEBSITE”).
PLEASE READ THESE TERMS VERY CAREFULLY BEFORE USING THE WEBSITE AND THE TW SERVICES. YOU ACKNOWLEDGE AND AGREE THAT BY CLICKING ON “I ACCEPT” ON BEHALF OF A NOMINATED COMPANY OR ORGANISATION (IN THESE TERMS, THE “CLIENT”), YOU AGREE THAT COMPANY OR ORGANISATION WILL BE BOUND BY THESE TERMS AS A CLIENT. YOU WARRANT AND REPRESENT THAT YOU HAVE FULL CAPACITY AND AUTHORITY TO ENTER INTO THIS AGREEMENT ON BEHALF OF THE CLIENT COMPANY OR ORGANISATION.
IF YOU DO NOT ACCEPT THESE TERMS, YOU WILL NOT BE ABLE TO USE THE WEBSITE AND THE SERVICES. YOU ARE ADVISED TO PRINT AND RETAIN A COPY OF THESE TERMS FOR FUTURE REFERENCE.
- The Website is owned and managed by Third Way Recruitment Limited Limited (Company No. 10399058) of Chaddesley Sanford, 3rd Floor, 3 Fitzhardinge Street, London, W1H 6EF.
- TW shall provide You with access to our Website and the Candidate services free of charge in consideration for Your compliance with these Terms. For Candidates, the Services will be as described on the Website.
- Subject to clause 1.4, TW shall keep confidential all information stored and retained by You using the Service, subject to any legal and/or statutory requirements on TW to disclose such information about You.
- You agree and acknowledge that if You apply for an Opening with a potential employer ("Employer"), that Employer and its personnel will be able to view Your full "Profile" information, containing, without limitation, Your personal details, details of education, employment history, skills, experience and Your contact details. The Employer may also be able to see Enhanced Information about You (as defined in clause 10.3 below). TW shall not be liable for any alleged breaches of confidentiality and/or privacy, where such alleged breaches arise out of or in connection with Your submission of Your details or Your Profile to Employers or the provision of Enhanced Information.
- You start to use the Services when you submit an application or Your CV for an Opening, using the online registration form on the Website or any other means that TW provides for submitting an application.
- Your contract to use the Services ("Contract") commences on the date of your first job application with the Website.
- By registering with the Website, You warrant and represent that:
- You are at least 18 years old. If You are under the age of 18, You should ask a parent or guardian over the age of 18 to enter into these Terms on Your behalf. As a parent or guardian of someone under the age of 18, You are responsible for ensuring that person’s use of the Website and/or Services is in accordance with these Terms.
- You are legally capable of entering into binding contracts; and
- You are not in any way prohibited by the applicable law in the jurisdiction in which You are currently located to enter into these Terms.
- TW reserves the right to conduct verification and security procedures in respect of all information provided by You to TW. If TW has reason to believe that the information provided by You to register and use any of the Services or Your use of the Website breaches or is likely to breach any of the provisions in these Terms, TW at its sole discretion may take any action that it deems appropriate including without limitation, to terminate Your Profile, the Terms, the Contract and Your Submission (as defined in clause 3.2, below).
- You shall at all times use the Services and the Website in accordance with these Terms and strictly for Your sole personal use only. You shall keep Your Profile, log-in details and Submissions (defined in clause 3.2 below) safe and secure to ensure that they are not used without Your permission and You must immediately notify us if You have reason to believe that there has been unauthorised use or access. You shall be solely responsible and liable for any breaches of these Terms arising out of or resulting from use of Your Profile, log-in details and Submissions to access the Services and/or the Website, whether such use is authorised by You or not.
- You shall procure that Your use of the Services and/or the Website, including the submission of Your Profile or any images, videos, audio, files, links to external website, information and all other material of all format ("Your Submissions"):
- comply with all applicable laws and legislations;
- do not infringe any intellectual property rights or other proprietary rights of any third party;
- are not reasonably be deemed to be offensive, illegal, inappropriate or in any way:
- display pornographic or sexually explicit material;
- promote or contain information that You know or believe to be inaccurate, false or misleading;
- invade or violate any third party’s right to privacy; and
- transmit “junk mail”, or “chain letters”, or unsolicited mass mailing, messaging or “spamming”.
- You hereby grant TW a non-exclusive, perpetual, irrevocable, worldwide licence to make Your Submissions available to the Employer that published the Opening for which you applied.
- Unless otherwise explicitly stated by TW, TW does not verify the accuracy and completeness or edit any of Your Submissions or any other information and materials created and used by You on the Website to determine whether they may result in any liability to any third party. You hereby warrant that You have the right to use all such information and material. You further warrant that the you will only use one Profile at a time and that such profile will be set up with your accurate legal identity.
- You shall not:
- at any time use the Services and/or the Website with the purpose of impersonating another User or person; or
- use the information made available to You through Your use of the Services and/or the Website for any purpose other than for the purposes of procuring benefit out of the Services; or
- do anything whatsoever which shall or is likely to impair, interfere with, or cause harm or distress to any persons using the Services and/or the Website or in respect of the network.
- In certain circumstances TW may choose to instigate legal proceedings as appropriate if there is illegal use of the Services and/or the Website, or to disclose information to any third party who is claiming that any material posted or uploaded by You to our site constitutes a violation of their intellectual property rights or of their right to privacy. You shall promptly notify TW if You are aware of any suspected breaches of this clause 3 by Employers or other users.
INTERACTION WITH EMPLOYERS
- You are solely responsible for the use of the Services and the management of Your job search activities and any application process for an Opening through the Website.
- You are also responsible for confirming any Openings (including professional qualifications and requirements) and procuring any other information You believe is relevant to the Opening.
- In using the Services, You shall:
- where appropriate, provide all information reasonably requested by Us or Employer(s) including without limitation, Your qualifications, training and experience and confirmation that You have the right to work in the relevant jurisdiction;
- take care not to breach the provisions in Your existing employment contract or any other contractual obligations You may have when You apply for an Opening; and
- immediately notify TW in the event You have any reason to believe or suspect that a user has breached any of its Terms or that any of the Openings posted by an Employer is not genuine, false, inaccurate and/or incomplete.
- You acknowledge and agree that when You use the Services, TW does not guarantee that You will:
- find Openings suitable to Your specific qualifications, training and experiences;
- secure any interest from any prospective Employers;
- achieve any specific results whatsoever.
- You further agree that TW does not warrant or guarantee:
- the completeness and accuracy of any Opening posted on the Website by a Employer;
- that any Openings are genuine; and
- the identity of the Employers using the Website.
- Any contractual arrangements for an Opening shall be separately negotiated and entered into by You and the Employer directly. You acknowledge and agree that such contractual arrangements are between You and the Employer and TW is not liable for any loss or damage suffered by You resulting from a dispute arising from such arrangements, and you release and hold harmless TW from any such loss or damage or any liability in relation to any such dispute.
- You further agree that:
- by applying for an Opening via the Website, that only TW may represent you as a potential Candidate for that Opening (or for any alternative Opening that may be proposed by or otherwise available with the relevant Employer; and
- if you accept an offer for any Opening following an application for an Opening, You agree to promptly inform TW by sending an email to email@example.com, such email to include all material terms of the offer received.
- You may terminate Your Contract by ceasing all use of the Services and the Website.
- TW shall be entitled to suspend and/or terminate Your access and use of the Website and/or the Services:
- if TW’s network providers and suppliers cease providing TW with their services;
- if TW has reason to believe that You have breached any of the provisions under these Terms; or
- if TW has reason to believe that You fail to comply with the applicable laws and legislation.
- Upon termination of Your Contract in accordance with clause 5.1 or clause 5.2, You shall no longer be permitted to access the Website and/or the Services.
- You hereby warrant that You agree to abide by the rules and code of conduct of use, and any reasonable directions relating to the Website, as may be provided to You by TW from time-to-time. TW relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Services and the Website available to You. Whilst TW takes all reasonable steps available to it to provide You with a good level of service, TW does not guarantee that such service shall be fault free or uninterrupted at all times. TW therefore shall not be liable in any way for any losses You may suffer as a result of delays or failures of the Services and Website as a result of TW’s service providers.
- Except as expressly set out herein, to the maximum extent permitted by law, TW expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of merchantability, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
- All information and content available on the Website is provided to You “as is” and You agree that any use made by You of such content shall be strictly at Your own risk. We recommend that You do not rely on such information in making or refraining from making a decision or to embark on a specific course of action.
- TW may display links to third party websites and third party advertising banners on the Website. However, TW shall not be responsible and do not accept any liability for the content and Your use of such third party links and advertising banners.
LIMITATION OF LIABILITY
- Subject to Clause 7.3, TW will not be liable for losses that result from TW’s failure to comply with these terms and conditions that fall into the following categories:
- consequential, indirect or special losses;
- loss of income or revenue;
- loss of business;
- loss of profits;
- loss of anticipated savings;
- loss of data; or
- waste of management or office time.
- However, Clause 7.1 will not prevent claims for loss of or damage to Your tangible property that is foreseeable or any other claims for direct loss that are not excluded under Clause 7.1.1 to 7.1.7 inclusive.
- Nothing in these Terms and Conditions excludes or limits TW’s liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation;
- any breach of the obligations imposed by section 12 of the Sale of Goods Act 1979; or
- any other matter for which it would be illegal for TW to exclude or attempt to exclude our liability.
INTELLECTUAL PROPERTY RIGHTS
- TW and its licensors own all rights in the intellectual property rights relating to the Services and the Website. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
- You may print off one copy and You may download extracts of any pages from the Website solely for Your personal use.
- You must not use any part of the submissions of Employers or other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Services in accordance with these Terms.
If You wish to lodge a complaint about an Employer or another user for breaching any of these Terms and in particular, the terms under clause 4, You may do so by sending TW details of Your complaint by emailing us at support@TW.com. TW will use its reasonable endeavours to respond to Your complaints within a reasonable time.
- You and TW shall comply with the Data Protection Act 1998 and all other successor legislation and regulation in the performance of the obligations set out under these Terms.
- TW may use third party services to collect publicly available information relating to you and/or to provide information about you that such third party is entitled to distribute ("Enhanced Information"). In particular (but without limiting the foregoing) we may provide your e-mail address to an automated service that collects and compiles publicly available contact and social information related to you, such as photos, social network profile URLs. This information will be visible to the Employer, clearly marked to indicate that it was collected automatically and not provided/verified by You. You may opt out of the provision of such Enhanced Information and/or the Employer may opt out of collecting this Enhanced Information.
- If TW fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve You from compliance with such obligations. No waiver by TW of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to You in writing.
- All notification and communication to TW should be sent to the contact details made available to You on the Website.
- If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- These Terms represent the entire agreement between You and TW in respect of Your use of the Website and shall supersede any prior agreement, understanding or arrangement between us, whether oral or in writing.
- You acknowledge that in entering into these Terms, You have not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between us except as expressly set out in these Terms.
- TW reserves the right to modify these Terms at any time. Any changes we may make to this document in the future will be notified and made available to You using the Website.
- These Terms shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of English courts.