This document sets out the Terms and Conditions (“Terms“) on which Candidate.ID Limited (Company No. SC516384) of 5 Oswald Street, Glasgow G1 4QR, United Kingdom (“Candidate.ID“) provides customers with access to certain recruitment management Application through the www.CandidateID.com website (“Website“) using Candidate.ID's applications ("Application"). Please read these terms very carefully before using the Application to gain access to Candidate.ID Application. You acknowledge and agree that by clicking on “I accept” on behalf of a nominated company or organisation (in these terms, the “Customer“), you agree that company or organisation will be bound by these terms as a Customer. You warrant and represent that you have full capacity and authority to enter into this agreement on behalf of the Customer. If you do not accept these terms, you will not be able to use the Application. You are advised to print and retain a copy of these terms for future reference.
1 | The Website & the Application
The Website and the Applications are owned and managed by Candidate.ID Software Limited (Company No. SC516384) of 5 Oswald Street, Glasgow G1 4QR, United Kingdom.
In consideration for the payment of the Fees, Candidate.ID shall provide the Customer with the access to its Application which allow the Customer to browse, screen, track and collaboratively manage its hiring process. The Application typically include the following key features:
the facility to add accounts for “Collaborators” (meaning the Customer’s employees and nominated representatives on their hiring team) by nominating such individuals to create individual user accounts which permit them to access the Candidate.ID platform on behalf of the Customer;
the facility to create “Nurture Campaigns“, meaning hiring campaigns with the view to hiring individuals, informed by their tracked and scored interactions across content either hosted on Candidate.ID or Customer’s website combined with the use of the Candidate.ID tracking script;
the facility to upload “Candidate Information“, meaning information about the candidate, either via candidate led form fills, manually adding candidates, syncing with other platforms just as CRMS or ATS, or via the upload of spreadsheets/lists;
the ability to publish and export landing pages displaying relevant industry content/media, or job listings where they can be displayed to potential “Candidates“, meaning any persons who’s details are stored within Candidate.ID in addition to “anonymous contacts created through the use of the Candidate.ID tracking script;
access to view the “Profile” of a Candidate who engages with any and all content tracked within Candidate, including the information submitted by a Candidate through the forms or any enrichment carried out the candidate “profile” through means of a form fill, or any external Application which integrate with Candidate.ID, this may include a summary of the Candidate’s academic background, work experience, technical or product skills and employment history;
the ability to create reports on all “Candidates” data and interactions stored within Candidate.ID including the sharing, uploading and exporting of said reports.
For the avoidance of doubt, Candidate.ID’s obligations shall be limited only to the provision of the Application and do not in any way include acting on the Customer’s behalf. Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between the Customer and Candidate.ID, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.
Candidate.ID may from time to time add, modify, suspend or cease (temporarily or permanently) the provision of any element of the Application upon notice to the Customer.
Candidate.ID shall have no obligation to notify the Customer in the event of an unplanned service downtime. In the event of a planned service downtime in respect of the Application or the Website, Candidate.ID shall use its reasonable endeavours to notify the Customer in advance provided that Candidate.ID is able to do so.
2 | Registration & collaborators
In order to use the Application, the Customer shall first be required to register with Candidate.ID by completing the online registration form on the Website or by making contact directly with a Candidate.ID representative who will complete the registration.
Candidate.ID shall send the Customer a confirmation email (“Confirmation Email“) once it has accepted and confirmed the Customer’s registration. The Customer’s contract to use the Application on these Terms (“Contract“) commences on the date of the Confirmation Email.
Candidate.ID reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to Candidate.ID. If Candidate.ID has reason to believe that the information provided by the Customer to register and use the Application breaches or is likely to breach any of the provision in these Terms, Candidate.ID at its sole discretion may take any action that it deems appropriate including without limitation, to terminate the Customer’s Contract.
These Terms shall apply to any and all Collaborators who access and use the Website and the Application through the Customer’s account. The Customer acknowledges and agrees:
all Collaborators must use the corporate email address allocated to them by the Customer when creating a Collaborator profile;
Candidate.ID may allocate the Customer “Admin” or “Member” accounts with varying levels of access, and the Customer shall comply (and ensure each Collaborator complies) with any directions of Candidate.ID relating to the establishment and use of such Collaborator accounts;
only one person may log-on to the Website and/or access the Application using any one Collaborator account at any one time; and
the Customer is directly liable to Candidate.ID at all times for the acts or omissions of its Collaborators.
The Customer shall, and shall ensure its Collaborators, keep any Customer and Collaborator usernames and passwords (“Logins“) safe and secure to ensure that they are not used without the Customer’s permission. The Customer must immediately notify Candidate.ID if it has reason to believe that there has been unauthorised use or access to the Customer’s Logins and/or the Customer’s profile on the Website. The Customer shall be solely responsible and liable for any breaches of these Terms arising out of or resulting from use of the Customer’s Logins to access the Application and/or the Website, whether such use is authorised by the Customer or not.
At any time upon notice to the Customer, Candidate.ID may require the Customer to execute any further documents to confirm the Customer’s acceptance of, or give full effect to, these Terms.
3 |Customer obligations
The Customer shall at all times use the Application and the Website in accordance with these Terms.
The Customer shall ensure that its use of the Application and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external Websites, communication between Collaborators and with Candidates, and all other material of any format (“Submissions“):
comply with all applicable laws and legislation, including, but not limited to, the UK Data Protection Act 2018 and the US Fair Credit Reporting Act 1971;
do not infringe any intellectual property rights or other proprietary rights of any third party;
cannot reasonably be deemed to:
be offensive, illegal, inappropriate or in any way;
promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
harass or advocate harassment of another person;
display pornographic or sexually explicit material;
promote any conduct that is abusive, threatening, obscene or defamatory;
promote any illegal activities;
provide instructional information about illegal activities, including violating someone else’s privacy;
create computer viruses, introduce or cause or permit to be introduced any form of software or scripts onto the Website that have the appearance of coming from a user or candidate (for the avoidance of doubt, this shall not apply to API use);
promote or contain information that you know or believe to be inaccurate, false or misleading;
engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
exploit people in a sexual or violent manner;
invade or violate any third party’s right to privacy
register the same Customer more than once for the purpose of circumventing Customer limitations which have been created by the Website;
request payments from Candidates; and
transmit “junk mail”, or “chain letters”, or unsolicited mass mailing, messaging or “spamming”;
And the Customer hereby indemnifies Candidate.ID for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Candidate.ID which arise directly or indirectly from a breach by the Customer of this clause 3.2.
Unless otherwise explicitly stated by Candidate.ID, Candidate.ID does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material for the purposes for which the Customer uses the information.
Subject to clause 3.3, Candidate.ID may enhance the Profile by using data related to the Candidate, obtained from third parties. Such additional information may include links to any social media websites used by Candidate.ID in enhancing the Profile. In such circumstances, Candidate.ID does not vet, verify the accuracy, correctness and completeness of such data used to enhance the Profile and no guarantee is given that any enhancements to the Profile will be error free or ultimately achieve any enhancement to the Profile and it is the responsibility of the Customer to verify the accuracy of such information before making any hiring decisions.
Notwithstanding clause 3.3, Candidate.ID reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if Candidate.ID has reason to believe that the Customer’s use of the Application and/or the Website breaches these Terms.
The Customer shall not:
at any time use the Application and/or the Website with the purpose of impersonating another User or person; and
use the information made available to the Customer through its use of the Application and/or the Website for any purpose other than in connection with the recruitment of staff;
do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.
Candidate.ID takes breaches of the Terms, and in particular, this clause 3, very seriously and therefore reserves the right to take any action that Candidate.ID deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Application and/or access to the Website. In certain circumstances Candidate.ID may choose to instigate legal proceedings as appropriate if there is any illegal use of the Application and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Customer shall promptly notify Candidate.ID if it is aware of any or any suspected breaches of this clause 3 by its Collaborators.
4 | Customer interaction with Candidates
The Customer shall at all times use the Application and the Website in accordance with the applicable law and legislation and in particular, all applicable data protection, employment and anti-discrimination legislation.
The Customer is solely responsible for the use of the Application and its internal management of the recruitment process, for each Candidate search the Customer undertakes and any Opening advertised by the Customer through the Website. The Customer is also responsible for confirming:
each Candidate’s qualifications, skills, training and experience;
that the Candidate has the right to work in the relevant jurisdiction; and
procuring from the Candidate(s) all information reasonably required by the Customer to determine the Candidate’s suitability to the Opening.
The Customer acknowledges that Candidate.ID does not have any control of and therefore cannot reasonably accept any liability in respect of the behaviour, response or actions of the Candidates.
The Customer shall at all times keep all information including without limitation, the Candidates’ Profiles, communication and correspondences between the Customer, Candidate.ID and the Candidates, and all information relating to the Candidates and the recruitment process secure and confidential.
The Application shall be personal to the Customer organisation and the Customer has no right whatsoever to resell the Application to any third party for any reason without the express written approval of Candidate.ID.
The Customer acknowledges and agrees that it is the Customer’s responsibility to ensure it enters into any necessary contractual arrangements with Candidates (whether for temporary, casual, contract or permanent employment). The terms of employment and any contractual arrangements shall be negotiated and agreed between the Customer and the approved Candidate directly. In the event there is a dispute between the Customer and any Candidate (whether it relates to the interview or selection process, the contractual arrangements between the parties or otherwise) – collectively, a “Dispute” – the Customer agrees Candidate.ID is not liable for any loss or damage suffered by the Customer resulting from any such Dispute and the Customer hereby releases and holds harmless Candidate.ID from any such loss or damage or any liability in relation to any Dispute.
The Customer hereby indemnifies Candidate.ID against all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by Candidate.ID which arise directly or indirectly from any Dispute, or any breach by the Customer of clause 4.3.
5 | The Candidate.ID Advertising Service
“Insertion Order” means a document executed by both parties that specifies the type of Application to be provided to Client by Candidate.ID for campaigns, the duration of the use of the Application, a budget, fees, and other details.
The Application. Client may choose to receive any combination of Applications available by indicating the same through the Platform or, if applicable, in an Insertion Order.
6 | ID License Grant
Subject to Client’s payment and the terms set forth in this Agreement, Candidate.ID grants the following limited, worldwide, non-exclusive, non-transferable rights and licenses without the right of sublicense to Client during the Term:
for applicable Application, to access and use the Platform and Documentation solely for Client’s internal business purposes, and solely on Client’s own behalf, in connection with its access to the Application;
for web related Applications, to integrate the pixel (or other script or code) into Client’s website for web-related Applications;
for mobile related Applications, to integrate the SDK (in object code form) into Client’s mobile and tablet applications for mobile-related Applications, or
to integrate through other mutually agreed upon means (e.g., integration using the Candidate.ID API).
7 | Client License Grant
During the Term, Client grants Candidate.ID a worldwide, royalty-free, non-transferable (except as necessary for Candidate.ID to provide the Application) license to use, distribute, reproduce, adapt (with respect to sizing or as specifically requested by Client), publicly perform, and publicly display, the Client Content in Ads on the Network or otherwise in connection with the Application and in promotional materials related to the Application.
Client will comply with all requirements for use of the Application communicated by Candidate.ID to Client via Documentation, and acknowledges that absent such compliance, Candidate.ID may be unable to provide to the Client access to the Application. Depending on the Application Client chooses to receive, technical requirements may include:
including tags, pixels, script, or code supplied by Candidate.ID on Client’s website;
installing the SDK into Client’s mobile or tablet applications;
supplying appropriate Client Content necessary for Candidate.ID to provide access to the Application; and/or
allowing access to data collected by Client’s mobile measurement partner.
Candidate.ID will have no liability to Client for such failure to provide access to the Application, if failure is a result of Client’s failure to comply with this section 7.2.
Candidate.ID will host the Application and may update the Application from time to time in accordance with this Agreement. If Candidate.ID provides Application updates to Client that require action on Client’s part, Client will integrate the updates within 30 days. Candidate.ID may make changes to the Application (including discontinuation of all or part of the Application) at any time. Candidate.ID will provide notice to Client of material changes in accordance with this Agreement. If Client does not wish to continue to use the modified Application, Client’s sole remedy is to terminate the Agreement by providing written notice to Candidate.ID.
8 | Display of Ads
Client can request to work with Candidate.ID (including within the Platform where such functionality is available) to manage display preferences when and to the extent such controls are made available to Candidate.ID. Client acknowledges that Candidate.ID cannot control where and how often Ads will be displayed within the Network. For instance, Ads may be displayed next to ads of Client’s competitors, or on websites or applications that are undesirable to Client.
Candidate.ID will use commercially reasonable efforts not to display Ads on websites or applications that it determines to be pornographic, defamatory, obscene, or illegal in nature. If Client notifies Candidate.ID in writing that Ads are being displayed in this manner, Candidate.ID will use commercially reasonable efforts to prevent Ads from continuing to display in this manner.
Client Content must comply with Documentation requirements or Candidate.ID may be unable to provide the Application with respect to such Client Content.
9 | Third Party Terms
Certain parts of the Application require the creation of a user account with third parties to provide their products or services on the Candidate.ID Platform. Client is responsible for reviewing any applicable terms before participating in any part of an Application to which such terms apply.
Client agrees that Candidate.ID may accept certain third party terms and conditions as agent on Client’s behalf where necessary for Candidate.ID to perform Application requested by Client, for example, terms related to running campaigns on Facebook website Custom Audiences. Links to or copies of any such terms will be provided upon request.
10 | Fees
The fees to gain access to the Website and the Application are as set out on the Website ("Fees"). The Fees may be based on the number of contacts in the Customer database in its use of the Application. Other than where the Customer is participating in a previously agreed pilot, the Customer may only access the Website and the Application by paying the Fees.
Unless stated otherwise on the Website or agreed by Candidate.ID in writing, the Fees shall be payable by the Customer monthly in advance, in the manner as set out on the Website.
All Fees are exclusive of VAT and all other taxes or duties, and are non-refundable for any reason whatsoever.
ID may offer Customers the option to purchase additional products and Applications that are supplied by third parties as set out on the Website. Use of such products by the Customer shall be governed by the relevant third party’s terms and conditions, a copy of which shall be available from the Website. The Customers shall comply with such third party’s terms and conditions.
11 | Term and Termination
Candidate.ID shall provide access to the Application to the Customer for a period of two months ("Trial Period"). Unless the Customer terminates the Contract before the end of the Trial Period, Candidate.ID shall provide access to the Application to the Customer for a period of one year including the Trial Period ("Initial Term"). Except when the Customer terminates its Contract in accordance with these Terms and Conditions before the end of the Initial Term or on anniversary of the end of the Initial Term, the term of the Customer's contract shall be renewed from year to year.
The Customer may terminate their Contract via their Customer Manager. Fees paid in advance by the Customer are non-refundable.
Candidate.ID shall be entitled to suspend and/or terminate the Customer’s access and use of the Website and/or the Application:
if Candidate.ID’s network providers and suppliers cease providing Candidate.ID with access to the Application; or
if Candidate.ID has reason to believe that the Customer has breached any of the provisions of these Terms.
Upon termination of the Customer’s Contract in accordance with this clause 11.4, the Customer may no longer access or use the Application and the Website.
12 | Warranties
The Customer hereby warrants that
the Customer has the right and capacity to enter into and be bound by these Terms;
the Customer shall comply with all applicable laws regarding the Customer’s use of the Application and the Website; and
the Customer agrees to abide by the rules and reasonable directions of Candidate.ID relating to the Website as may be provided by Candidate.ID from time-to- time.
Candidate.ID relies on other service providers (such as network provider, data centres, telecommunication providers) to make the Application and the Website available to the Customer. Whilst Candidate.ID takes all reasonable steps available to it to provide the Customer with a good level of service, Candidate.ID does not guarantee that such service shall be fault free or uninterrupted at all times. Candidate.ID therefore shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Application and Website as a result of Candidate.ID’s service providers.
Except as expressly set out herein, to the maximum extent permitted by law, Candidate.ID expressly excludes all representations, warranties, obligations and liabilities in connection with the Application and the Website, including but not limited to the warranties of satisfactory quality, non-infringement of intellectual property, accuracy, completeness, fitness for a particular purpose, and any warranties arising by statute or otherwise in law or from course of dealing, course of performance, or use of trade are hereby excluded and disclaimed.
Candidate.ID may display or provide links or other interaction with third party websites and third party advertising banners on the website (“Third Party Websites”). In particular, the Application may also provide the Customer with the opportunity to connect and publish Openings and other Customer Information through Third Party Websites and other third party Applications such as social and business networking sites. Use of any such Third Party Websites and Applications shall be at the risk of the Customer and subject to the terms and conditions of the Third Party Website provider.
13 | Limitation of liability
Subject to clauses 13.2 and 13.3, the maximum aggregate liability of Candidate.ID (including its respective agents, sub-contractors or representatives) under, arising from or in connection with the provision of the Application and/or these Terms, whether arising in contract, tort (including negligence) or otherwise, shall not exceed a sum equivalent to the total Fees received by Candidate.ID for a period of twelve (12) months preceding the event giving rise to liability.
To the extent permitted by law, Candidate.ID expressly excludes:
all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;
any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
loss of profit;
loss of income or revenue;
loss of business or contracts;
loss of data;
loss of goodwill and reputation;
loss of expectation;
loss of opportunity; or
loss arising out of or in connection with wasted management or office time
arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to the Customer’s tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
Nothing in these Terms shall serve to limit or exclude Candidate.ID’s liability for death or personal injury resulting from Candidate.ID’s negligence or any liability for fraudulent misrepresentation.
14 | Intellectual Property Rights
Candidate.ID owns all rights in the intellectual property rights relating to the Application and the Website, including but not limited to all software forming part of the Website or Application (“Software“). Those works are protected by copyright laws and treaties around the world. Nothing in this Agreement will serve to transfer from Candidate.ID to the Customer any of the Software, Application or Website, and all right, title and interest in and to the Software, Application and the Website will remain exclusively with Candidate.ID. All rights in and to the Software, Application and the Website not expressly granted to the Customer are reserved by Candidate.ID and the relevant third party licensors.
The Customer may print off one copy and may download extracts of any pages from the Website solely for use by the Customer; and the Customer may draw the attention of other Users to Submissions or materials posted on the Website. The Customer must not use any part of the submissions of other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Application in accordance with these Terms.
The Customer shall not, and shall procure that Collaborators shall not:
modify, translate, create or attempt to create derivative copies of or copy the Software, the Applicaiton or the Website in whole or in part;
reverse engineer, decompile, disassemble or otherwise reduce the object code of the Software, the Application or the Website to source code form;
distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer the Software, the Application or the Website or the Customer’s right to use the Software, the Application or the Website.
The Customer warrants that the Customer owns or has the right or licence to use the intellectual property rights in the Customer Information and all information and materials provided by the Customer to Candidate.ID.
The Customer hereby indemnifies Candidate.ID against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of any infringement of any intellectual property right by the use or possession of the Customer Information and all other information and material provided by the Customer to Candidate.ID.
The Customer and Candidate.ID shall comply with the Data Protection Act 2018 and all other successor legislation and regulation in the performance of the obligations set out under these Terms.
For personal data which is processed by Candidate.ID on the Customer’s behalf as part of the Application, Candidate.ID will act strictly in accordance with the Customer’s instructions by following such processing and security obligations as are contained in these Terms. The Customer confirms that it is solely responsible for ensuring that any such processing and security obligations comply with all applicable data protection law and legislation. The Customer hereby indemnifies Candidate.ID against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Customer’s failure to comply with this clause 10.
16 | General
If Candidate.ID fails at any time to insist upon strict performance of its obligations under these Terms, or if it fails to exercise any of the rights or remedies to which it is entitled to under these Terms, this will not constitute a waiver of any such rights or remedies and shall not relieve the Customer from compliance with such obligations. No waiver by Candidate.ID of any of these Terms shall be effective unless it is expressly stated to be a waiver and is communicated to the Customer in writing.
All notification and communication to Candidate.ID should be sent to the contact details made available to the Customer on the Website.
If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to that extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
These Terms represent the entire agreement between the Customer and Candidate.ID in respect of the Customer’s use of the Website and shall supersede any prior agreement, understanding or arrangement, whether oral or in writing.
The Customer acknowledges that in entering into these Terms, the Customer has not relied on any representations, undertaking or promise given by or implied from anything said or written whether on the Website, the Internet or in negotiation between the parties except as expressly set out in these Terms.
ID reserves the right to modify these Terms at any time. Any changes Candidate.ID may make to this document in the future will be notified and made available to the Customer using the Website.
These Terms shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of English courts.
17 | Cookies
18 | License
Unless otherwise stated, Candidate.ID and/or its licensors own the intellectual property rights for all material on Candidate.ID's Website. All intellectual property rights are reserved. You may view and/or print pages from http://www.candidateid.com for your own personal use subject to restrictions set in these terms and conditions.
Redistribute content from Candidate.ID (unless content is specifically made for redistribution).
19 | User Comments
Certain parts of this Website offer the opportunity for users to post and exchange opinions, information, material and data (‘Comments’) in areas of the Website. Candidate.ID does not screen, edit, publish or review Comments prior to their appearance on the Website and Comments do not reflect the views or opinions of Candidate.ID, its agents or affiliates. Comments reflect the view and opinion of the person who posts such view or opinion. To the extent permitted by applicable laws Candidate.ID shall not be responsible or liable for the Comments or for any loss cost, liability, damages or expenses caused and or suffered as a result of any use of and/or posting of and/or appearance of the Comments on this Website.
Candidate.ID reserves the right to monitor all Comments and to remove any Comments which it considers in its absolute discretion to be inappropriate, offensive or otherwise in breach of these Terms and Conditions.
You warrant and represent that:
You are entitled to post the Comments on our Website and have all necessary licenses and consents to do so.
The Comments do not infringe any intellectual property right, including without limitation copyright, patent or trademark, or other proprietary right of any third party.
The Comments do not contain any defamatory, libellous, offensive, indecent or otherwise unlawful material or material which is an invasion of privacy.
The Comments will not be used to solicit or promote business or custom or present commercial activities or unlawful activity.
You hereby grant to Candidate.ID a non-exclusive royalty-free license to use, reproduce, edit and authorize others to use, reproduce and edit any of your Comments in any and all forms, formats or media.
20| Hyperlinking to our Content
The following organizations may link to our Website without prior written approval:
online directory distributors when they list us in the directory may link to our Website in the same manner as they hyperlink to the Websites of other listed businesses; and
System wide Accredited Businesses except soliciting non-profit organizations, charity shopping malls, and charity fundraising groups which may not hyperlink to our Website.
These organizations may link to our home page, to publications or to other Website information so long as the link: (a) is not in any way misleading; (b) does not falsely imply sponsorship, endorsement or approval of the linking party and its products or any Application; and (c) fits within the context of the linking party’s site.
We may consider and approve in our sole discretion other link requests from the following types of organizations:
commonly-known consumer and/or business information sources such as Chambers of Commerce, American Automobile Association, AARP and Consumers Union;
associations or other groups representing charities, including charity giving sites,
online directory distributors;
accounting, law and consulting firms whose primary clients are businesses; and
educational institutions and trade associations.
We will approve link requests from these organizations if we determine that:
the link would not reflect unfavourably on us or our accredited businesses (for example, trade associations or other organizations representing inherently suspect types of business, such as work-at-home opportunities, shall not be allowed to link);
the organization does not have an unsatisfactory record with us;
the benefit to us from the visibility associated with the hyperlink outweighs the absence of Candidate.ID; and
where the link is in the context of general resource information or is otherwise consistent with editorial content in a newsletter or similar product furthering the mission of the organization.
These organizations may link to our home page, to publications or to other Website information so long as the link:
is not in any way misleading;
does not falsely imply sponsorship, endorsement or approval of the linking party and its products or Application; and
fits within the context of the linking party’s site.
If you are among the organizations listed in paragraph 2 above and are interested in linking to our Website, you must notify us by sending an e-mail to email@example.com. Please include your name, your organization name, contact information (such as a phone number and/or e-mail address) as well as the URL of your site, a list of any URLs from which you intend to link to our Website, and a list of the URL(s) on our site to which you would like to link. Allow 2-3 weeks for a response.
Approved organizations may hyperlink to our Website as follows:
by use of our corporate name; or
by use of the uniform resource locator (Web address) being linked to; or
by use of any other description of our Website or material being linked to that makes sense within the context and format of content on the linking party’s site.
No use of your logo or other artwork will be allowed for linking in the absence of a trademark license agreement.
21 | iFrames
Without prior approval and express written permission, you may not create frames around our Web pages or use other techniques that alter in any way the visual presentation or appearance of our Website.
22 | Content Liability
We shall have no responsibility or liability for any content appearing on your Website. You agree to indemnify and defend us against all claims arising out of or based upon your Website. No link(s) may appear on any page on your Website or within any context containing content or materials that may be interpreted as libellous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third-party rights.
23 | Reservation of Rights
We reserve the right at any time and in its sole discretion to request that you remove all links or any particular link to our Website. You agree to immediately remove all links to our Website upon such request. We also reserve the right to amend these terms and conditions and our linking policy at any time. By continuing to link to our Website, you agree to be bound to and abide by these linking terms and conditions.
24 | Removal of links from our Website
If you find any link on our Website or any linked Website objectionable for any reason, you may contact us about your objections. We will consider requests to remove links but will have no obligation to do so or to respond directly to you.
Whilst we endeavour to ensure that the information on this Website is correct, we do not warrant its completeness or accuracy; nor do we commit to ensuring that the Website remains available or that the material on the Website is kept up to date.
25 | Disclaimer
To the maximum extent permitted by applicable law, we exclude all representations, warranties and conditions relating to our Website and the use of this Website (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose and/or the use of reasonable care and skill). Nothing in this disclaimer will:
limit or exclude our or your liability for death or personal injury resulting from negligence;
limit or exclude our or your liability for fraud or fraudulent misrepresentation;
limit any of our or your liabilities in any way that is not permitted under applicable law; or
exclude any of our or your liabilities that may not be excluded under applicable law.
exclude any of our or your liabilities that may not be excluded under applicable law.
are subject to the preceding paragraph; and
govern all liabilities arising under the disclaimer or in relation to the subject matter of this disclaimer, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.
To the extent that the Website and the information and any Application on the Website are provided free of charge, we will not be liable for any loss or damage of any nature.