1. Please read the entire document and all terms and conditions carefully before accepting them or making use of the services or accessing the information on this Site. By accepting these terms and using the site you agree to be bound by them as well as any additional terms, conditions, notices and disclaimers placed elsewhere on our Site.
2. We may change part of or all the conditions at any time. When this happens, the updated conditions will be posted on the Site. Your continued use of the Site will be regarded as your acceptance of the changes. If you object to the conditions then you must immediately stop using or accessing the Site.
3. Unless otherwise stated in these conditions, we have the right to change or discontinue any aspect, features or services available on the Site. We may also change the pricing of any feature or chargeable service at anytime unless directly agreed in another contract or offer.
For the purposes of this End-UserLicense Agreement:
· Agreement means this End-User License Agreement that forms theentire agreement betweenYou and the Company regardingthe use of the Application.
· Application means the software program provided by the Company used by you under the name “Swivel”
· Company (referred to as either "the Company", “Swivel” ,"We", "Us" or "Our" in this Agreement) refers to Be Iconic Ltd.
· “You” or “your” or “User” means the person or entity entering into this agreement.
· Content refers to content such as text, images, or other information that can be posted, uploaded, linked to or otherwise made available by You, regardless of the form of that content.
· Country refers to: London, United Kingdom.
· Device means any device that can access the Application such as a computer, a mobile phone or a digital tablet.
· Third-Party Services means any services or content (including data, information, applications and other products services) provided by a third-party that may be displayed, included or made available by the Application.
· 'You' means the individual accessing or using the Application or the company, or other legal entity on behalf of which such individual is accessing or using the Application, as applicable.
By clicking the "I Agree" button, downloading or using the Application, You are agreeing to be bound by the terms and conditions of this Agreement. If You do not agree to the terms of this Agreement, do not click on the "I Agree" button, do not download and/or do not use the Application.
This Agreement is a legal document betweenYou and the Company and it governs your use of the Application made available to You by the Company.
The Application is licensed, not sold, to You by the Company for use strictly in accordance with the terms of this Agreement.
You represent that you are over the age of 16. The Company does not target its Content to children or teenagers under16, and the Company does not permit any user under 16 for using the Application.
Relationship between Employers and Candidates
1. Swivel does not enter into any agreements or is a party to any contracts between Candidates & Employers. Our platform exists to facilitate candidates/job seekers & Employers to communicate & meet each other with the intention of working together. Anything agreed online or offline is to be agreed between Users.
2. Candidates are only expected to apply for and accept positions that they have the required skill-set, experience & expertise for. As a candidate you confirm that you are responsible for your own tax unless you agree a different status with your employer.
As an Employer:
1. You provide full details of the job including required skills, qualifications, experience and all other relevant details. All candidates should be treated fairly according to the law.
2. You accept that Swivel is not an Employment Agency. It does not employ the users or enter into any form of employment agreement. It does not guarantee jobs or that a User would be hired or find an employee.
3. The company does not supervise or monitor users and has no liability for anything users door do not do whilst engaged in a job. The company does not guarantee the legal status of any User and has no liability to the candidate or Employer for any status they are later legally given. All full 'Right to Work' checks must be completed by the Employer.
Becoming a User:
1. You need an account to be a User and access the platform.
2. You must be 16 years of age.
3. The Company can refuse an account at it’s absolute discretion.
By creating an account you agree that:
1. You are the sole User of your Account and responsible for maintaining confidentiality of your password.
2. You are responsible for any activities which occur under your account.
3. You have the right to comply to these Terms of Service as an individual or as a legal entity.
5. You will respect the rights of other users including their privacy, intellectual property rights & confidential information.
6. You will perform any commitments you make in respect of getting a job such as attending interviews, onboarding days etc. Failure to do so may result in your account being suspended or terminated.
7. Have the legal right to work in the United Kingdom and have the required original paperwork to prove this.
8. Provide work according to the minimum requirements of the law.
9. Have the authority to advertise jobs.
User-Generated Content is any information or materials such as but not limited to, job description, photos, videos and/or any other media that you provide to theCompany, its corporate partners or other Users by uploading to the platform.This includes areas that can be views by both Users & non-Users. By agreeing to this Terms of Service you accept that you are legally responsible for your User-Generated Content. While we may monitor and remove offensive, inappropriate or illegal User-Generated Content we do not create or develop any and therefore are not liable for any claims arising from it.
Please note the following terms of the Terms of Service:
1. The Company does not have the obligation to monitor or review any user-generated content.
2. Anything you post on the Swivel platform may be made public and viewable by non-users.
3. We have the sole discretion to limit or remove any user-generated content on the platform.
Any User-Content Generated by you will:
1. Be true & accurate.
2. Not illegal, encourage illegal activities or fraudulent.
3. Not infringe on copyright or any other User, non-user or entity’s copyright orIntellectual Property.
4. Not be a promotion, commercially sponsored or be politically motivated.
5. Not be threatening, obscene, offensive, harassing, abusive, discriminatory, promote racism, hatred or physical harm in anyway.
6. Not publish private information of a third party.
7. Not contain any malicious software.
Responsibility for Content
1. User’s must use the platform responsibly and for the reasons in which it was created.
2. If you are not seeking a job or seeking an employee then you must inform us why you are using the platform (e.g. researcher or journalist).
3. You agree that we may modify, change, review, reject or remove texts, messages as well as any other form of media content that you upload, post or otherwise make available or accessible via the site should we feel in our sole judgement that it violates these terms.
4. While using the platform you must not:
i. mislead,harass, abuse any other User.
ii. publishanything unlawful or offensive.
iii. discriminatein any way.
iv. do anythingthat might cause damage to the Company.
v. conduct anyother commercial activity that is not relevant to a job.
vi. repeatedlyspam a job, an employer or a User with the same offer.
vii. collect anyinformation about the Users or Company.
viii. attempt to circumvent or bypass they payment mechanism of theplatform.
ix. register inmultiple or different names.
x. attempt tocome back to the platform if your account has been suspended or terminated.
xi. try to avoid or bypass any security procedures that are in place.
5. The Company is not responsible for fake or misleading statements made by Users.
6. Each User must ensure that all information about themselves including work history and experience is true and accurate.
7. The Company is not responsible for the authenticity of any documents such as IDs and passports that are shared through the platform.
8. The employer must carry out their own right-to-work checks on any candidate sourced through the platform.
9. The Company is not responsible for confirming or providing the age of any candidate shoulda certain legal age restriction be in place on a job (e.g over 18 to serve alcohol in a bar).
10. Users do not have the authority to conduct agreements or contracts on behalf of the Company.
1. Using our platform in any form means you are consenting to it communicating with our servers to record metrics and functionality. This includes passing it to our third-party suppliers.
2. By sharing contact information such as telephone numbers you authorize us to contact you by via messaging systems or telephone calls. Standard charges may apply from your network provider.
3. We may contact you to let you know of job opportunities that we believe you are well-suited for or we may inform an Employer that you are a suitable candidate for a position they are looking to fill. You can always opt out of this service by emailing email@example.com.
4. You can delete your account at anytime.
Third Party Websites & services
The Application may display, include or make available third-party content (including data, information, applications and other products services) or provide links to third- party websites or services.
You acknowledge and agree that the Company shall not be responsible for any third-party Services, including their accuracy, completeness, timeliness, validity, copyright compliance, legality, decency, quality or any other aspect thereof. The Company does not assume and shall not have any liability or responsibility to You or any other person or entity for any third-party Services.
You must comply with applicable third parties' Terms of agreement when using the Application. Third-party Services and links thereto are provided solely as a convenience to You and You access and use them entirely at your own risk and subject to such third parties'Terms and conditions.
Intellectual Property Rights
1. You cannot use any of the copyright or trademarks of the company without our direct written consent.
2. Anything that can be seen or interacted with on the Swivel platform such as media, software, designs, videos, photographs etc. is owned by the Company.
3. Users and third-parties must not copy, download, use or, re-design any of the Company property without the company’s explicit written consent.
4. You must not use any scripts, data-mining techniques or any data gathering methods on the platform
5. This Site is protected by international copyright and other intellectual property rights.You agree not to infringe upon any of these rights owned by us.
1. Any information including personal information that is received from candidates who apply to and discuss Employment Positions is dealt with by you in a way that preserves the confidentiality of their personal information. You agree and confirm to us that you will not disclose or make available such personal information to any 3rd party without the prior informed consent of the individual.
1. Money Back Guarantee
We offer a Money Back Guarantee for certain services, as outlined below:
a. If you are not satisfied with the results of the service that youhave purchased on our platform then you may request a refund within 15 days ofthe job listing ending
b. Refund requests for service made after 15 days from the joblisting ending will not be recognized.
c. The Account must have actively tried to engage with the candidatesgenerated in order to qualify for the refund.
d. Active engagement means:
i. Logging in tothe Swivel Web or Mobile App each working day while the job listing is live.
ii. Rejectedcandidates generated accordingly.
iii. Contactingcandidates if you are interested.
e. Swivel cannot be held responsible if you do not engage with yourjob listing and the money back guarantee will be void.
f. We reserve the right to refuse a refund if we reasonably believeor suspect any of the following:
i. You areattempting to unfairly exploit this refund policy.
ii. You are inbreach of the Terms of this Service.
iii. You are using any of these services fraudulently.
Account Termination & Suspension
1. We reserve the right to suspend and/or terminate your Account and/or use of our platform at any time at our sole discretion and without notice. We might do this if we suspect you are in breach of these terms.
2. Should your account be suspended for breaking the terms of this document then we will not imburse you for any pre-payments already made on the platform.
3. If your account is suspended or terminated then you are not allowed to register again or use our platform again either as a new User or use an existing User’s account.
4. We reservethe right to suspend or terminate accounts that repeatedly apply for jobswithout following through the full application process of the employer.
General Limitation of Liability
1. The Company does make any warranty or guarantee about the accuracy of completeness of content on the Swivel platform or any third-party websites.
2. We do not guarantee that the platform will be uninterrupted or error-free. Nor do we guarantee that it is free from viruses etc.
3. The Company has no responsibility for the acts or negligence of any User.
4. We exclude liability (including liability in negligence) for any consequential or indirect loss or damage including loss of revenue or profit, loss of opportunity or any costs or damages sustained.
5. The Company facilitates contact between Users. The Company does not have any liability for claims between Users nor does it guarantee the legal status of its Users.
6. The Company does not warrant or guarantee any job offer or work performed. Nor does it guarantee what happens between Users once contact has begun.
7. The Company is not responsible for any payment or employment terms agreed between Users or any taxes/contributions due to the candidate or Employer.
8. To the extent of the law, we have no responsibility or liability for fraud, loss, damage or personal injury as a result of using the Swivel platform or in any future job agreed with the Employer.
9. The Company is not liable for any claims, damages, expenses, losses of any kind whatsoever that arise as a result of the use of the Swivel platform. Your use of the platform is entirely at your own risk.
10. The Company is released from responsibility for any liabilities arising between Users.Users should agree and mitigate this situation themselves and cannot involve the Company.
11. You agree to indemnify and hold the Company and its parents, subsidiaries, affiliates, officers, employees, agents, partners and licensors (if any) harmless from any claim or demand, including reasonable lawyers’ fees, due to or arising out of your: (a) use of the Application; (b) violation of this Agreement or any law or regulation; or (c) violation of any right of a third party.
1. Any and all matters related to this document and the Swivel platform are subject to English law and settled in English Courts.
1. If any part of these conditions is held invalid then the remainder of the conditions will continue to be held valid and enforceable.
2. If theCompany doesn’t enforce any right it has under these terms then it does not waive its right to one day enforce them.
The Company provides no warranty or undertaking, and makes no representation of any kind that the Application will meet your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defect scan or will be corrected.
Without limiting the foregoing, neither the Company nor any of the company's provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Application, or the information, content, and materials or products included thereon; (ii) that the Application will be uninterrupted or error- free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Application; or (iv)that the Application, its servers, the content, or e-mails sent from or on behalf of the Company are free of viruses, scripts, trojan horses, worms, malware, time bombs or other harmful components.
Term and Termination.
ThisAgreement shall remain in effect until terminated by You or the Company. TheCompany may, in its sole discretion, at any time and for no reason, suspend or terminate this agreement with or without prior notice.
Failure to comply with this agreement would result in an account termination or suspension.
Upon termination of this agreement, You shall cease all use of the application and delete all copies of the Application on your Device.
If you have any questions regarding these Terms of Service then please e-mail us at “firstname.lastname@example.org
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