We may revise these Candidate Terms of Service at any time in accordance with clause . We will notify you of any such changes when you log into your Account and you will be required to agree such changes in order to use the Site or Service.
1.1 The Service is provided by Endorsed Technologies Limited T/A SourceChain (“SourceChain”, “we”, “us” or “our”), a private limited company registered in England and Wales under company number 10505324 or any Affiliate. Our registered office address and principal trading address is the Northern and Shell Building, 10 Lower Thames Street, London, England EC3R 6EN.
1.2 If you need assistance or have any queries, please contact us at [email protected].
1.1 The following definitions apply in these Candidate Terms of Service:
(b) reference to ‘writing’ or similar expressions shall include reference to any communication effected by facsimile, electronic mail and/or any comparable means but shall not include communication by SMS or similar text messaging facilities;
(c) reference to a prohibition against doing any act or thing includes a reference to not permitting, suffering or condoning that act or thing to be done;
(d) use of words such as “including”, “include”, “in particular” or similar terms are to be construed in each case as if the term “without limitation” is implied into the sentence incorporating these words;
(e) reference to a party includes that party’s successors and permitted assigns;
(f) words indicating a person shall include bodies of persons whether corporate or incorporate and vice versa;
(g) reference to any statute or statutory provision includes a reference to the same as from time to time amended, extended, re-enacted or consolidated and all subordinate legislation made pursuant to it and including any other similar legislation in any other jurisdiction;
(h) the phrase “and/or” means either of the alternatives and both of the alternatives as the case may be; and
(i) any reference to “procure” or “ensure” shall create a primary obligation and not a secondary obligation or guarantee.
We operate an online social network of Candidates. The Service permits Clients to view information about Candidates. [MORE INFORMATION]
4.1 Application: All Applicants must comply with the following Eligibility Requirements:
(a) be at least 18 years of age;
(b) provide complete and accurate personal details, such as date of birth, gender, name, address, as specified by us from time to time;
(c) be legally able to enter into a binding contract with us;
(d) be acting on their own account, and not as an employee or self-employed contractor of another company or person (other than as a personal service company, in which case the individual will need to comply and be bound by these Candidate Terms of Service as well as the personal service company).
4.2 Registration: An Applicant who fulfils the Eligibility Requirements must complete all mandatory areas of the online registration form in order to apply to become a Candidate and use the Service. We may use any reasonable means to verify the information given by an Applicant on registration. We may reject any application for registration from any Applicant at any time, even if such application fulfils the Eligibility Requirements. If an application for registration is approved, we will notify the Applicant and the Applicant must then set up a Candidate Account on the Service. Nominated passwords or other login information can then be changed by the Applicant by logging into his/her Candidate Account.
4.3 Once an Applicant’s registration has been approved by us, the Applicant becomes a Candidate and will be permitted to use the Service so long as the Candidate satisfies the Eligibility Requirements and is otherwise approved by us. We may withdraw our approval at any time and for any reason.
4.4 Candidate’s Obligations: Each Candidate must at all times:
(a) keep any password or any other piece of security information which is chosen by him/her or allocated by us as part of the registration process strictly confidential and not disclose it to any third party;
(b) keep his/her email address and all other registration details complete, accurate and up to date and notify us promptly of any changes. We will use this email address to contact him/her about his/her Candidate Account, registration and the Service;
(c) not permit or do anything to assist any person who is not a registered Candidate to access his/her Candidate Account or any part of the Service or to pass themselves off as that Candidate;
(d) not create additional registration accounts;
(e) not pass him/herself off as another Candidate or another person;
(f) continue to comply with the Eligibility Requirements at all times;
4.5 You are solely responsible for any and all use of your Candidate Account.
4.6 We have the right to disable any password or login whether chosen by the Candidate or allocated by us, or to terminate the Candidate’s ability to use the Service, at any time, for any reason. We may withdraw our approval for your registration as an Candidate at any time and for any reason.
SourceChain is not an employment agency or employment business for the purpose of the Employment Regulations and does not introduce or supply work seekers to Clients (or vice versa). We therefore do not:
(a) obtain confirmation of the identity of any work-seeker or Client, or the nature of any Client’s business;
(b) obtain confirmation of the position which the Client seeks to fill (and any relevant details such as location, hours, pay, expenses, health and safety risks or length of notice) applicable to such position;
(c) obtain confirmation that the work-seeker is willing to work in the position which the Client wishes to fill;
(d) obtain confirmation of the experience, training, qualifications and any authorisation which the Client considers necessary, or which is required by law or any professional body, to work in the position the Client wishes to fill or whether a work-seeker has such experience, training, qualifications or authorisation;
(e) take any steps to ensure that the work-seeker and Client are aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;
(f) take any steps to ensure that it would not be detrimental to the interests of the work-seeker or Client for the work-seeker to work for the Client in the position to be filled;
(g) provide any information to any Client that a work-seeker is suitable or unsuitable for a position at any time;
(h) provide any references or copies of relevant qualifications or authorisations of any work- seeker.
(i) make any accommodation or travel arrangements for any work-seeker.
6.1 The purpose of the Site is to connect Clients with Candidates through a transparent and non-binding matching and interview request process. You may be contacted directly by a Recruitment Consultant and you agree that the Recruitment Consultant may access your data in order to provide the Services.
6.2 Clients 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 Clients or have any responsibility or liability for the content of any communication or information provided to you about a Position.
6.3 We will match the information provided by Clients against Candidate Profiles. Clients will be able to view the profiles of suitable Candidates which match their Positions.
6.4 Clients may make contact with or submit non-binding interview requests or other offers through the Site to potential Candidates. You accept that an Client is responsible for deciding whether to make contact, send an interview request or make an offer and we have no control over this decision.
6.5 You may accept or decline an interview request or other offer. If you accept an interview request or offer, you and the Client may then initiate communication to arrange an interview and take other appropriate steps to complete a possible recruitment. You accept that the Client remains responsible for all decisions in relation to filling the Position.
6.6 If you receive an offer of employment through the Site, then you and the Client are responsible for agreeing and entering an employment contract and we will not be a party to that agreement. You accept that all matters relating to the employment relationship are to be resolved between you and the Client.
6.7 If you are engaged as a Contractor through the Site, the Contractor and Client will enter a direct contract for services.
6.8 You agree that if you receive an offer of employment by reason of the use of the 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.
7.1 There is no charge to register on the Site.
7.2 We charge Clients a success fee if a position is filled through the use of the Services.
8.1 It is a condition of your use of the Site and Service that you comply with our Acceptable Use Policy. You must comply with the spirit of our Acceptable Use Policy. We will decide in our ultimate discretion whether you have breached our Acceptable Use Policy.
8.2 In addition to our Acceptable Use Policy, you further agree to the following (which shall be deemed to be part of our Acceptable Use Policy for the purposes of these Candidate Terms of Service:
(a) you must not contact any other Candidate or Client save as expressly permitted by SourceChain;
(b) you must not disclose any data or other content provided to you through the Service to any third party.
9.1 You acknowledge that in the course of using the Services you may have access to Confidential Information. You shall not at any time use or disclose to any third party (and shall use your best endeavours to prevent the publication or disclosure of) any Confidential Information.
9.2 The restriction in clause 9.1 does not apply to:
(a) any use or disclosure required by law, or
(b) any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure.
9.3 Information relating to Clients is the Confidential Information of SourceChain for the purposes of these Candidate Terms of Service.
10.1 We may terminate the right for the Candidate to use the Service at any time for any or no reason on one day’s notice to the Candidate.
10.2 The Candidate may terminate its registration as a Candidate at any time by cancelling his or her registration.
11.1 We are the owner or the licensee of all intellectual property rights in the Site and the Service and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
11.2 Save as expressly set out in these Candidate Terms of Service, you shall have no right, title or interest in and no right to use in any way whatsoever the Site or Service.
12.1 We shall provide the Services with reasonable skill and care and provide you with access to the Site and the Services.
12.2 The Site and 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 Client 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 Site and the Services;
(b) all implied warranties, terms and conditions relating to the Site (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.
12.3 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.
12.4 We will not be liable in contract, tort (including negligence) or otherwise incurred by you in connection with the Site or Services or in connection with the use, inability to use, or results of the use of the Site or 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.
12.5 Our total liability to you is limited to the amount of the success fee we have been paid by an Client in respect of the Position to which your claim relates.
12.6 Nothing in these Candidate Terms of Service 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.
13.1 We amend these Candidate Terms of Service from time to time. You will be notified of any change to these Candidate Terms of Service when you log into your Candidate Account and such changes will be binding on you if you continue to use our Site or Service. However, if you have started but not completed an Assignment prior to the change in our Candidate Terms of Service, the Candidate Terms of Service in force at the time the contract for such Assignment was made will apply to that Assignment.
14.1 If you fail to comply with or breach these Candidate Terms of Service (or we have reasonable grounds to believe that you have done so) we may take all or any of the following actions:
(a) Immediate, temporary or permanent withdrawal of your right to use the Site and Service;
(b) Immediate, temporary or permanent removal of your content (or any part of your content) from the Site and Service;
(c) Issue of a warning to you;
(d) Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
(e) Further legal action against you.
(f) Disclosure of such information to law enforcement authorities or third parties as we reasonably feel is necessary.
14.2 The actions in clause 14.1 above are not limited, and we may take any other action we reasonably deem appropriate.
We process personal data in accordance with our Privacy Notice. Please ensure that you have read and understood our Privacy Notice before using our Service. Any changes to our Privacy Notice will be posted to our site. Please note that where you provide personal data to any Client through the Service, we are not responsible for the Client’s use of the personal data that you have provided or any third party profile which you have added to your personal profile on the Site and we have made available to the Client.
All notices given by you to us must be given to us at our address or email address given at the beginning of these Candidate Terms of Service. We may give notice to you at either the email or postal address you provide to us when registering with us or by posting changes on the Site. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including adverse weather, strikes or other industrial action, riot or civil commotion.
18.1 Any failure by us to insist upon strict performance of any of your obligations under these Candidate Terms of Service or any contract with us, or any failure by us to exercise any of the rights or remedies to which we are entitled, is not a waiver by us of such rights or remedies and will not relieve you from compliance with such obligations. Any waiver must be agreed by us in writing.
18.2 We intend to rely upon these Candidate Terms of Service and any document expressly referred to in them in relation to the subject matter of any contract between us. These Candidate Terms of Service (including the documents referred to in these Candidate Terms of Service) constitute the entire agreement between you and us relating to the Service, Site and the receipt of any services from you.
19.1 The English courts will have exclusive jurisdiction over any claim arising from, or related to, the Site and Service although we retain the right to bring proceedings against you for breach of these Candidate Terms of Service in your country of residence or any other relevant country.
19.2 These Candidate Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.