Terms & Conditions
1. Introduction
Welcome to www.smart-sourcer.com. Smart Sourcer is an online platform which matches individuals with employers.
This page tells you the terms on which you may use our website www.smart-sourcer.com, whether as registered user or guest. Please read carefully before use.
By using the site, you accept these terms and conditions and agree to comply with them. If you don't accept them, please don't use the site.
2. Who we are
www.smart-sourcer.com is operated by Smart Sourcer Limited, a UK Limited company registered in England under company number 15254634.
Our registered office is at: 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
3. Use of the website
You must treat all identification codes, passwords and other security information as confidential. Do not share your login details with others. If we think you have failed to keep these details confidential, we may need to disable any security information (including your passwords and codes).
You agree to follow our Acceptable Use Policy set out at Clause 10.
Only use the site as allowed by law and these terms. If you don't, we may suspend your usage, or stop it completely.
We frequently update the site and make changes to it, but we don't have to do this, and material on the site may be out-of-date. No material on the site is intended to contain advice, and you shouldn't rely on it. We exclude all legal responsibility and costs for reliance placed on the site by anyone.
Please review our Privacy Statement for details about how we handle personal information about you. You can read this at https://smart-sourcer.com/privacy-statement.
By using this website, you confirm that any data you provide is accurate and up to date.
4. Intellectual Property Rights
We are the owner or licensee of all intellectual property rights in the site (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.
You are allowed to print one copy and download extracts of any page on the site for your personal reference, but not for commercial use without a licence from us. You must not alter anything, or use any illustrations, video, audio or photographs separately from the text that goes with them.
If you breach these terms, you lose your right to use our site, and must destroy or return any copies you have made.
If you submit or upload or any content to the site, you retain all copyright and other intellectual property rights in your content. However, on submitting or uploading content, you grant us a non-exclusive licence to use and communicate that data to other users of our site, reproduce, distribute, prepare derivative works of, display and transmit such content.
5. Our Legal Responsibility to You
We do not guarantee the accuracy of material on our site nor the uninterrupted operation of our site. As far as legally possible, we exclude legal responsibility for the following:
- any loss to you arising from use of our site; and
- loss of income, profit, business, data, contracts, goodwill or savings.
We are not responsible for any views, opinions or values expressed in any content uploaded by our users and these do not reflect our views, opinions or values in any way.
We also exclude, as far as legally possible, all terms and warranties or promises implied by law or by statutes.
We don't exclude legal responsibility for death or personal injury owing to our negligence, or legal responsibility for fraud or fraudulent misrepresentation, or for anything else where exclusion is not allowed by the law.
6. Uploading to our Site
If you contact other users of our site or upload material to it, you must follow our Acceptable Use Policy at Clause 10, which sets out our minimum standards for usage of this website. You agree to reimburse us for any costs or expenses we incur because of any violation of this clause.
Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity.
We won't be legally responsible to anybody for the accuracy of material that you upload to the site, and we can remove it at any time if it doesn't follow our Acceptable Use Policy.
7. Computer Offences
If you do anything which is a criminal offence under a law called the Computer Misuse Act 1990, your right to use the site will end straightaway. We will report you to the relevant authorities and give them your identity.
Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.
You mustn't try to get access to our site or server or any connected database or make any 'attack' on the site. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our site.
8. Links to Our Site
You are allowed to make a legal link to our website's homepage from your website if the content on your site meets the standards of our Acceptable Use Policy. We can end this permission at any time.
You mustn't suggest any endorsement by us or association with us unless we agree in writing.
9. Links from Our Site
Links from our site to other sites are only for information. We don't accept responsibility for other sites or any loss you suffer from using them.
10. Acceptable Use Policy
10.1. You may only use our site in a manner that is lawful and that complies with the provisions of this Clause 10. Specifically:
a) you must ensure that you comply fully with any and all local, national or international laws and/or regulations which apply;
b) you must not use our site in any way, or for any purpose, that is unlawful or fraudulent;
c) you must not use our site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
d) you must not use our site in any way, or for any purpose, that is intended to harm any person or persons in any way.
10.2. When submitting content (or communicating in any other way using our site), you must not submit, communicate or otherwise do anything that:
a) is sexually explicit;
b) is obscene, deliberately offensive, hateful or otherwise inflammatory;
c) promotes violence;
d) promotes or assists in any form of unlawful activity;
e) discriminates against, or is in any way defamatory of, any person, group or class of persons, race, gender, religion, nationality, disability, sexual orientation or age;
f) is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
g) is calculated or is otherwise likely to deceive;
h) is intended or otherwise likely to infringe (or threaten to infringe) another person's right to privacy;
i) misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive;
j) implies any form of affiliation with us where none exists;
k) infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
l) is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
10.3 We reserve the right to suspend or terminate your access to our site if you materially breach the provisions of this Clause 10 or any of the other provisions of these terms. Specifically, We may take one or more of the following actions:
a) suspend, whether temporarily or permanently, any account or profile and/or your right to access our site;
b) remove any content submitted by you that violates this Acceptable Use Policy;
c) issue you with a written warning;
d) take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
e) take further legal action against you as appropriate;
f) disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
g) any other actions which we deem reasonably appropriate (and lawful).
10.4 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that we may take in response to breaches of these terms.
We change these terms from time to time and you must check them for changes because they are binding on you.
11. Variations
We change these terms from time to time and you must check them for changes because they are binding on you.
12. Applicable Law
12.1. The English courts have the only right to hear claims related to our site, and all disputes are governed by English law.
12.2. The Parties will use their best efforts to negotiate in good faith and settle any dispute that may arise out of or relate to this Agreement or any breach of it.
12.3. If any such dispute cannot be settled amicably through ordinary negotiations between the Parties, or either or both is or are unwilling to engage in this process, either Party may propose to the other in writing that structured negotiations be entered into with the assistance of a fully accredited mediator before resorting to litigation.
12.4. Within 14 days of the appointment of the mediator the Parties will meet with the mediator to agree the procedure to be adopted for the mediation, unless otherwise agreed between the parties and the mediator.
12.5. All negotiations connected with the relevant dispute(s) will be conducted in confidence and without prejudice to the rights of the Parties in any further proceedings.
12.6. If the Parties agree on a resolution of the dispute at mediation, the agreement shall be reduced to writing and, once signed by the duly authorised representatives of both Parties, shall be final and binding on them.
12.7. If the Parties fail to resolve the dispute(s) within 60 days (or such longer term as may be agreed between the Parties) of the mediator being appointed, or if either Party withdraws from the mediation procedure, then either Party may exercise any right to seek a remedy through arbitration.
12.8. Any dispute shall not affect the Parties' ongoing obligations under the Agreement.
13. Contact Us
Please email us at enquiries@smart-sourcer.com to contact us about any issues.
