Terms of Use

Last updated 15 September 2020

These terms of use (“Terms”) are entered into by you and Silver Swan Recruitment Limited (company number 08367729) (“us”, “we”, “our”), a company incorporated in England and whose registered address is at the Ministry, 79-81 Borough Road, London, SE1 1DN which is the provider of Silver Swan Search. The Terms set out how you may use the Silver Swan Search website and mobile application (together “Silver Swan Search”).

You must be 16 years of age or older to visit or use the Silver Swan Search in any manner, and, if under the age of 18 or the age of majority as that is defined in your jurisdiction, must use the Silver Swan Search under the supervision of a parent, legal guardian or other responsible adult.

By interacting with Silver Swan Search whether you are generally accessing and browsing Silver Swan Search (being a “User”) or registering with, and applying for a role using, Silver Swan Search (being an “Applicant”) you agree to the Terms. If you do not agree with any part of the Terms, do not use Silver Swan Search.

Revisions of the Terms

The date of the current Terms is set out above. At any time, for any reason and in our sole discretion, we may revise the Terms without notice to you. Please check the Terms regularly to read any revisions we have made. Revisions to the Terms are effective immediately and so binding on your use of Silver Swan Search when we publish the revised Terms on Silver Swan Search.

By continuing to use Silver Swan Search after we have revised the Terms, you agree to any revised Terms. If you do not agree with any revision to the Terms, do not continue to use Silver Swan Search.

Your Personal Information

By registering on Silver Swan Search, you agree and represent that any information you provide shall be true, accurate and current and you shall update your Applicant Details on Silver Swan Search if your Applicant Details changes. We will only use your personal information in accordance our Privacy Notice

How Silver Swan Search works

Silver Swan Search is an interactive candidate platform that allows you to easily view and apply for roles. We will post details of vacant roles on Silver Swan Search for you to view and apply to accordingly.

Using Silver Swan Search

Once you have created a profile you can start using Silver Swan Search. Silver Swan Search offers functionality through which you can:

• like roles which you can review later in the ‘Liked Jobs’ section of your profile;
• dislike roles which will remove them from your search;
• filter your search by Title, Role, Sector, Employment Type, or Salary;
• apply for roles subject to a limit of 5 applications per day and you may not apply for the same role more than once;
• track the progress of your application on the ‘My Jobs’ section of your profile. As your applications proceed you will receive status notifications from our team;

Once a profile has been created, your details will automatically be pulled into our CRM and you may be contacted at a later date should you be shortlisted for any other suitable vacancies. All personal data will be retained and used in accordance with the privacy policy.

Browsing

You can browse vacancies on Silver Swan Search without needing to create a profile.

Create a Profile

You must create a profile to become an Applicant and to start using Silver Swan Search. To create a profile on Silver Swan Search you must:

• complete all the required fields with your personal details
• upload a CV in Word or PDF format – your CV must include your name and an email address that matches the email addressed used to create the profile
• upload a suitable photo
• select the box to agree to the Privacy Policy & the User T&C's

(together “Applicant Details”).

In submitting any Applicant Details to Silver Swan Search, you are solely responsible for securing and backing up your Applicant Details and warrant that you own or have the right or licence to use and licence to us and third-party users the intellectual property rights in any Applicant Details you upload Silver Swan Search or otherwise provide to us.

We reserve the right in our sole discretion to refuse or remove any Applicant Details from Silver Swan Search without the need to give reasons.

You must not create more than one profile. Applicants of Silver Swan Search must create a username and password which is for personal use only. Sharing your username or password with any other person or making it available to other Users or Applicants is prohibited. You are fully responsible for all use of Silver Swan Search made using those details and must maintain the security of your username and password. Please notify us as soon as practicable if you suspect or become aware of any unauthorised use of your username or password or any other breach of Silver Swan Search’s security by sending an email giving details of the unauthorised use or other breach to enquiries@silverswanrecruitment.com.

Applications

Once you have created a profile you may apply for roles through Silver Swan Search that you have found yourself through browsing Silver Swan Search or that we have informed you match your Applicant Details each constituting an “Introduction” by us for you to the relevant company or individual looking to fill a vacant role (‘Employer’). After you apply for a role we will interview you and if you are a suitable candidate for the role we will disclose the Employer details to you and if you are happy to proceed we will submit your CV to the Employer.

In relation to any Introduction, you acknowledge and accept that we do not guarantee the accuracy or completeness of any role information provided by Employers. If an Employer considers you for alternative roles other than the relevant role matched on Silver Swan Search all such alternative roles shall be regarded as deriving from the Introduction by us.

You are responsible for conducting any due diligence that may be required on any role that you apply for. Applying for a role does not mean that the we or subsequently any relevant Employer will progress its interest in you as an Applicant for any role.

Progressing an Introduction with you does not bind the relevant Employer to continue the recruitment process with you. We will keep you updated of progress with any Introduction.

You acknowledge that at no time is the relevant Employer obliged to make you an offer of employment.

Offers of Employment

At no time are we making you an offer of employment, any offer of employment will be made by the relevant Employer and not us. If the Employer makes you an offer of employment following an Introduction, you are not obliged to accept it.

If you accept an offer of employment in a role from an Employer following an Introduction:

• you must inform us promptly of the material terms of the offer by sending details of the offer to us;
• your contract of employment will be as agreed between you and the relevant Employer and not us;
• we will not be a party to contractual arrangements between you and any Employer regardless of whether we are remunerated in connection with your acceptance of an offer of employment; and
• we are not responsible or liable in any way for any such contract of employment and no contractual obligations are created between the Applicant or the Employer through the use of Silver Swan Search.

Intellectual Property Rights

Our Content

All intellectual property and other proprietary rights in and to Silver Swan Search and in the material published on it and any related materials provided to you by us, whether by email or otherwise (together “Silver Swan Search Content”) are owned by and reserved to us or our licensors (as applicable), other than Applicant Details uploaded by you or other Applicants. All such rights are reserved exclusively to us and our licensors and save as expressly set out in the Terms, nothing in these Terms will serve to transfer from us to you any of our intellectual property rights or those of our licensors.

Trade Marks

The Silver Swan Search Materials include all of our trademarks (whether registered or unregistered), graphics, logos, designs, page headers and button icons used and displayed on Silver Swan Search.  You are not permitted to use any of the foregoing nor any similar or confusing versions in any way without our prior written consent.

Your Content

By submitting any Applicant Details or other content to Silver Swan Search, you grant us a perpetual, worldwide, non-exclusive, royalty free, transferable licence to use such Applicant Details or content and all material embodied therein for any purposes including but not limited to:

• to measure and improve Silver Swan Search and our related products and services, for auditing/accounting purposes or as may be required by law;
• displaying, editing, copying, reproducing, translating, disclosing, posting to or removing from Silver Swan Search and creating derivative works in connection with the services provided through Silver Swan Search;
• in a form in which your Applicant Details is combined with data from other Applicants which reasonably precludes the identification of the source of such data for our own purposes and to provide services and data to third parties, including Employers.

You will not use Silver Swan Search to publish or disseminate any content that:

• brings or may bring us or Silver Swan Search into dispute or disrepute or damages the standing or reputation of us or Silver Swan Search.
• does or may infringe the rights (including intellectual property rights) of any third party;
• is unlawful, threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, may cause annoyance or inconvenience or may restrict or inhibit the use of Silver Swan Search by any person; or
• constitutes or encourages conduct which may be considered a criminal offence or give rise to any civil liability in any jurisdiction

Access to Silver Swan Search

Access to Silver Swan Search is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of Silver Swan Search at any time, for any reason and in our sole discretion, without notice to you.

Your Responsibilities

You are responsible for all of your communications and interactions with us, other Users, Applicants and Employers through Silver Swan Search and for arranging technologies which you require to access the internet and Silver Swan Search.

If you misuse Silver Swan Search by making false representations or providing false information in any way, you acknowledge and agree that we may provide any information about your use of Silver Swan Search, including content you have uploaded to Silver Swan Search to law enforcement agencies or regulators to assist with any legal proceedings or regulatory investigations relating to your misuse.

Links

You may not create a link to or create a frame or any other browser or border environment any part of Silver Swan Search.

We are not responsible for websites we link to, links on Silver Swan Search to third party websites are provided solely for your convenience. We have no control of the contents of those sites or resources. If you use these links, you leave Silver Swan Search. We have not reviewed any such third party websites and do not endorse or make any representations about any such third-party websites or any material found thereon or any results that may be obtained from your use of the same.

Restrictions

You must only use Silver Swan Search and the Silver Swan Search Content for your private use and not for any commercial or business purposes. You may use Silver Swan Search and the Silver Swan Search Content for viewing them on a computer screen, printing copies of them to the extent reasonably required in the circumstances (and not further copying them) and where (and only to the extent that) permission to download and store them is specifically granted in, downloading and storing the relevant Silver Swan Search Materials on the hard disk of your computer or portable media but not making any further transfer or copy of it.

You shall not:

• decompile, disassemble or otherwise reverse engineer or attempt to reconstruct or discover any source code or underlying programming or interoperability interfaces within Silver Swan Search;
• create a database (electronic or otherwise) that includes any Silver Swan Search Materials;
• misuse Silver Swan Search by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• by any means scrape, extract, download, data mine, display, transmit, publish, upload or sell or offer for sale any of the Silver Swan Search Materials;
• use any network monitoring or discovery software to determine Silver Swan Search architecture or extract information about usage, individual Users or Applicant identities;
• attempt to gain unauthorised access to Silver Swan Search, the server on which Silver Swan Search is stored or any server, computer or database connected to Silver Swan Search;
• attempt to gain unauthorised access to Silver Swan Search, the server on which Silver Swan Search is stored or any server, computer or database connected to Silver Swan Search;
• bypass robot exclusion headers or other similar measures that we may use to restrict access to, or caching of, Silver Swan Search;
• transmit or recirculate any Silver Swan Search Materials to any third party; or
• circumvent, disable or otherwise interfere with security-related features of Silver Swan Search including any features designed to prevent, limit or restrict use or copying of any Silver Swan Search Materials.

You agree to defend, indemnify and hold harmless, us, our officers, directors and employees from and against any and all claims, damages, losses, liabilities costs and/or expenses (including but not limited to reasonable legal fees) arising from your breach of these Terms or any claim that your use of Silver Swan Search or your Applicant Details as provided to us caused damage to a third party or violated any third party right, including without limitation any intellectual property, property, or privacy right. You agree not to settle any claim to which your indemnity applies on our behalf without our prior written consent.

Termination

Termination by You

You may terminate the Terms at any time by selecting ‘Deactive Profile’ in your profile on Silver Swan Search

Termination by Us

In our sole discretion, we may permanently or temporarily remove your Applicant Details from Silver Swan Search and/or terminate the Terms on any breach by you of the Terms.

Consequences of Termination

On termination of the Terms by you or us for any reason we may remove all of your Applicant Details from Silver Swan Search or delete your account without any liability of any kind to you for such actions. Termination of the Terms for any reason shall not affect the rights and obligations of you and us which have accrued due prior to the date of termination or expiration, including the right to claim damages as a result of a breach of this Terms.

All provisions of the Terms which by their nature should survive termination of the Terms shall survive such termination.

Warranty Disclaimer and Liability

Disclaimer of Warranties

We make Silver Swan Search available to you on an “as is” basis, for your information only and subject to the restrictions and limitations set out the in the Terms.

To the fullest extent permitted by law, in respect of Silver Swan Search, Silver Swan Search Materials or any other content on Silver Swan Search and our related activities we disclaim, exclude and limit all warranties, of any kind, whether express or implied, including, but not limited to, any warranty:

• that Silver Swan Search will meet your requirements or that any errors in Silver Swan Search will be corrected;
• that Silver Swan Search will be free from bugs or viruses trojans, worms, logic bombs or other material that is malicious or technologically harmful;
• of merchantability, fitness for a particular purpose, and non-infringement;
• that your use of Silver Swan Search including your access to your Applicant Details will be uninterrupted, timely, secure or error-free or that the results obtained from use of Silver Swan Search will be accurate or reliable.

Our Liability

Nothing in the Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by law.

Further, we are not responsible for, and will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

• the accuracy or completeness of Applicant Details uploaded by you;
• the use or inability to use Silver Swan Search;
• for any use of Silver Swan Search by you other than in accordance with the Terms; or
• viruses, trojans, worms, logic bombs, distributed denial-of-service attack or other material that is malicious or technologically harmful to your assets due to your use of Silver Swan Search.

We are not responsible for, and will not be liable to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with the Terms for any indirect, consequential or special loss or damage, even foreseeable, or for any loss of profits, loss of sales or revenues, loss of business or agreements, loss of goodwill, loss of reputation, loss of use or corruption of software.

Our aggregate liability to you for all claims howsoever arising out of or in connection with the Terms and/or use of Silver Swan Search (whether in contract, tort (including negligence) or otherwise) in any twelve month period shall be limited to the greater of £100 and the fees paid to us in respect of you as a Applicant by any relevant Employer with which you accept a role (as the case may be) in the same twelve month period.

Other Important Terms

Notice

You shall give any notice under the Terms to us at enquiries@silverswanrecruitment.com we may give notice to you under the Terms by emailing you at the email address provided by you in your Applicant Details and such email shall be deemed effective notice under these Terms whether such email is received by you or not.

Entire Agreement

The Terms constitutes the entire agreement and understanding between you and us relating to its subject matter and supersedes any previous agreement between you and us relating to any of such subject matter. You acknowledge and agree that in entering into the Terms, you do not rely on (and shall have no remedy in respect of) any statement, representation, warranty or understanding (whether negligently or innocently made) of any person (whether party to this Terms or not) except as expressly set out in this Terms.

Severance

If and to the extent that any provision of the Terms (or part of any provision) is found by any court or other authority of competent jurisdiction or agreed by you and us to be invalid, unenforceable or illegal, that provision shall be deemed to be deleted and the other provisions shall remain unaffected and in full force.

Third Party Rights

Noting in these Terms is intended to confer a benefit on or to be enforceable by any person who is not a party to the Terms (whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise).

Waiver

No forbearance or delay by either party in exercising or enforcing any right (and/or the continued performance of the Terms) shall prejudice or restrict the rights of that party, and no waiver of any right or of any breach of any contractual term shall be deemed to be a waiver of any other right or other breach. No single or partial exercise of any right or remedy shall restrict the further exercise of that or any other right or remedy. The rights and remedies provided in these Terms are in addition to and not exclusive of any right or remedy provided by law.

No Partnership or Agency

Nothing in the Terms shall be construed as constituting or evidencing any partnership, contract of employment or joint venture of any kind between you and us. Neither party shall have authority to make any representation for or act as agent for or in the name or on behalf of another party in any way.

Assignment

We may assign our rights liabilities and/or obligations under the Terms to any other party at our sole discretion. You may not assign your rights, liabilities and/or obligations under the Terms to any other party without our prior written consent.

Governing Law and Jurisdiction

The Terms are governed by English law. We both agree that the Courts of England and Wales will have exclusive jurisdiction over any claim or matter arising out of, under or in connection with the Terms.

Support

If you have any questions regarding Silver Swan Search or are experiencing any technical issues, please see our FAQs or contact us at enquiries@silverswanrecruitment.com.