Terms of Use

TERMS AND CONDITIONS FOR CANDIDATES
1 Introduction

These Terms constitute an agreement between Endorsed.com Limited (us, we or Endorsed) and you, the Candidate who has created an account on the Website at http://www.endorsed.com

The Website is owned and operated by Endorsed.com Limited, an English company registered with company number 09838952, at Elizabeth House, 16th Floor, Tower Building, 39 York Road, London UK SE1 7NQ

By completing the registration process and proceeding to create an account with us, you declare that you have read, understood and agree to be bound by these Terms.

Endorsed operates as an employment agency, as defined by the Employment Agencies Act 1973 (as amended). Endorsed shall comply with all laws applicable to an employment agency, including the Conduct of Employment Agencies and Employment Business Regulations 2003 (as amended).

2 Definitions and Interpretation

Candidate means you and (where the context requires) any individual who registers on the Website to apply for fixed term or permanent contracts.

Employer means an organisation that has registered on the Website to recruit Candidates for Positions.

Contractor means an individual, acting on a self-employed basis or through a personal services company, who enters a contract for services with a Client, either directly or using the services of a Group Agency.

Group Agency means an affiliated company under the common ownership of Endorsed.com, which operates as an employment agency, such as Chapman Black or Elliot Browne.

Position means an employment opportunity made available by an Employer for Candidates.

Website Services means the services provided by the Website, including the platform for the introduction of Clients and Candidates and associated functionality as may be extended or varied from time to time.

For the purposes of these terms and conditions, a reference to 'writing' or 'written' includes electronic communications or information provided through the Website or in a Profile on the Website.

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.

3. Registration and your account

3.1 By registering on the Website and creating an account, you agree to provide accurate, truthful, complete and current information, and to comply with the Website Terms of Use and Privacy Policy.

3.2 When registering with Endorsed we ask you to create a profile, which may include your name, email address, education, professional experience, skills, and may require you to upload your resumé to the Website. You consent to us making the information included in your profile available to Employers on the Website.

3.3 You consent to our checking the information you provide from publically available sources, including your social media accounts. You also agree to comply promptly with all reasonable requests we make for information about your identity or Profile.

3.4 If we accept your application you will receive an email confirming your account has been activated. You accept that we may reject your application at our sole discretion and we shall have no liability if we decide to reject your application.

3.5 You must protect your account sign in credentials at all times and not share them with anyone else. If you lose control of your account, you must notify us immediately.

3.6 You must not apply for multiple accounts.

3.7 You must not, other than through the Website, approach an Employer or enter any agreement with an Employer in relation to a Position offered through the Website.

3.8 You must not use or permit anyone else to use your Account fraudulently, in connection with a criminal offence, or in breach of any applicable law or statutory duty.

4. The process

4.1 The purpose of the Website is to connect Employers with Candidates through a transparent and non-binding matching and interview request process.

4.2 Employers wishing to engage a Candidate will provide us with information describing the Position and Candidate requirements. You accept that we do not undertake background checks on Employers or have any responsibility or liability for the content of any communication or information provided to you about a Position.

4.3 We will match the information provided by Employers against Candidate Profiles. Employers will be able to view the profiles of suitable Candidates which match their Positions.

4.4 Employers may make contact with or submit non-binding interview requests or other offers through the Website to potential Candidates. You accept that an Employer is responsible for deciding whether to make contact, send an interview request or make an offer and we have no control over this decision.

4.5 You may accept or decline an interview request or other offer. If you accept an interview request or offer, you and the Employer may then initiate communication to arrange an interview and take other appropriate steps to complete a possible recruitment. You accept that the Employer remains responsible for all decisions in relation to filling the Position.

4.6 If you receive an offer of employment through the Website, then you and the Employer are responsible for agreeing and entering an employment contract and we will not be a party to that agreement. You accept that all matters (except for the Loyalty Voucher) relating to the employment relationship are to be resolved between you and the Employer.

4.7 If you are engaged as a Contractor through the Website there are two options. Either:

(a) the Contractor and Employer will enter a direct contract for services, or

(b) the Contractor will be engaged for the Employer on the Standard Terms of Business for the Supply of Services of our Group Agencies. In either event, we will not be a party to the agreement between you and the Client or you and the Group Agency and the Client, and all matters (except for the Loyalty Voucher) relating to that agreement are to be resolved between the relevant parties.

4.8 You agree that if you receive an offer of employment by reason of the use of any Website Services then you will immediately notify us of the engagement and key employment terms, including start date and all remuneration arrangements and you will respond to our further enquiries in this regard.

5. Success fees and loyalty voucher

5.1 There is no charge to register on the Website.

5.2 We charge Employers a success fee if a position is filled through the use of the Website Services in certain circumstances.

5.3 If you accept an offer of employment and remain in post for 90 days, or if you are engaged as a Contractor for more than 90 days, during which period you charge more than 500 hours of billable time, then we will send you a €250 retail shopping voucher within 14 days of the 91st day of the start of your employment or engagement.

6. Confidentiality

6.1 You agree that you will treat all the information provided through the Website as confidential and that you will only use such information for the purposes of the engagement process relating to the particular Position for which the information was provided.

6.2 You agree to co-operate and comply promptly with our reasonable requests to provide information or take action.

7. Exclusion of Liability

7.1 We shall provide the Website Services with reasonable skill and care and provide you with access to the Website and the Website Services.

7.2 The Website and Website Services are provided on an 'as-is' and 'as available' basis. We do not warrant that a Candidate will find a job nor that an Employer is suitable for a Candidate. To the maximum extent permitted by law (a) we disclaim all liability whatsoever, whether arising in contract, tort (including negligence or under statute) or otherwise in relation to the Website and the Services; and (b) all implied warranties, terms and conditions relating to the Website (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.

7.3 Although we ask registered users for certain information relating to their identity we do not warrant this information has been confirmed or verified and we are not responsible for ensuring the accuracy or truthfulness of registered users’ purported identities or the validity of the information that they provide to us.

7.4 We will not be liable in contract, tort (including negligence) or otherwise incurred by you in connection with the Website or Website Services or in connection with the use, inability to use, or results of the use of the Website or Website Services for any (i) loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (whether direct or indirect) or any indirect or consequential losses; (ii) loss of data; (iii) any loss arising from your failure to provide accurate and complete information when required to do so.

7.5 Our total liability to you is limited to the amount of the success fee we have been paid by an Employer in respect of the Position to which your claim relates.

7.6 Nothing in this Agreement shall limit or exclude our liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

8. Termination

8.1 You may terminate your Account at any time by completing the process on the Website.

8.2 We may terminate or suspend your Account at any time in the event that you are in breach of any of the terms of this Agreement.

8.3 We may also terminate or suspend your Account at any time on giving you written notice to the email address that you provided when registering with us. We reserve the right to withdraw or amend the service that we provide via the Website without notice.

8.4 On termination of your account you will be automatically withdrawn from any ongoing recruitment process and your Profile will no longer be accessible to other registered users. For the avoidance of doubt, you will continue to be bound by the terms of any contracts you have entered directly with Employers.

8.5 Your obligations to us under clauses 2, 3, 4, 5 and 7 shall survive any termination of this Agreement.

9. General

9.1 The Agreement (including the policies and documents referred to in it) represents the full complete and exclusive agreement and understanding between the parties relating to its subject matter. You acknowledge that you have not relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement.

9.2 If any provision of this Agreement is found by a court or other competent authority to be void or unenforceable that provision shall be deemed to be deleted from this Agreement and the remaining provisions of this agreement shall continue in full force and effect.

9.3 We may at any time assign, transfer, charge or deal in any other matter with this agreement and our rights under it or subcontract any of our obligations under it. You may not assign, transfer, sub-contract, charge or deal in any other manner with this Agreement or your rights and obligations under it.

9.4 Nothing in this Agreement is to be construed as establishing or implying any partnership or joint venture between the parties nor as appointing any party to be an agent or employee of the other and neither party shall hold itself out as such.

9.5 A person who is not a party to this Agreement shall have no rights under it as a third party beneficiary.

9.6 We reserve the right to change our terms and conditions from time to time. We will notify you of any changes to these terms by posting them on the Website and sending you an email notification.

9.7 This Agreement is governed by and shall be construed in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the courts of England and Wales.