Your attention is drawn in particular to the Disclaimers at clause 8 and the Liability Provisions at clause 9 and 10
Last updated: September 5, 2023
1.2 The purpose of these Terms is to let you know what we expect from users of the Site, and what activities are not permitted on or in connection with the Site. If there is anything you don'tunderstand in these Terms and/or any other terms or information published or made available through the Site, please contact us using the contact information below.
2.2 You must be at least 18 years of age to use this Site. By using this Site, you represent and warrant that you are at least 18 years of age. If you do not meet this requirement, you must not access or use the Site.
4 ACCESS TO THE SITE
4.2 We reserve the right to withdraw and/or amend access to the Service we provide on the Site without notice or liability to you. We will not be liable if for any reason the Site (or any part of it) is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Site, or the entire Site. The restrictions imposed on you, the disclaimers, indemnities and limitations of liability set forth in these Terms shall survive any withdrawal or termination of the Site or your use thereof. By accessing and using the Site, you confirm that (i) your use of the Site does not breach any applicable law or regulation; and (ii) unless otherwise authorized by us in writing, your use of the Site is for your own personal and non-business purposes only.
5 USE OF THE SITE
5.2.1 not to copy any of the Site or Site Content (defined below) except where such copying is incidental to normal use of the Site, or where it is necessary for the purpose of back-up or operational security;
5.2.2 not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify any of the Site or content therein;
5.2.3 not to make alterations to, or modifications of, the whole or any part of the Site, or permit the Site or any part of it to be combined with, or become incorporated in, any other programs;
5.2.4 not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the Site or attempt to doany such thing except to the extent that such actions cannot be prohibited by applicable law;
5.2.5 not to provide or otherwise make available the Site in whole or in part (including object and source code), in any form to any person without our prior written consent;
5.2.6 not to impersonate any person or entity, or falsely state or otherwise misrepresent your affiliation with a person orentity;
5.2.8 not to infringe our intellectual property rights or those of any third party in relation to your access and/or use of the Site;
5.2.9 not to collect Site users' information, or otherwise access the Site or our systems, using automated means (e.g. harvesting bots, robots, spiders, or scrapers, etc.) or attempt to decipher any transmissions to or from the servers running the Site;
5.2.10 not to manipulate any identifiers to disguise the origin of a message;
5.2.11 not to solicit login information or access an account belonging to someone else;
5.2.12 not disclose anyother user's personal information without their prior express agreement. This means that if you happen to know another user's identity you must not disclose this to any other user or to any other third party;
5.2.14 not to use the Site in any manner which could damage, disable, overburden, impair or compromise the Site, our systems or security or interfere with other users or any other party's computer systems or hack or gain unauthorised access to the Site or Site Content or data.
5.4 Where permittedby law, we reserve the right to investigate, involve and cooperate with any regulatory and/or law enforcement authorities or court order requesting or requiring us to disclose the identity or other information of any user of this Site.
6 USE OF OUR CONTENT
6.3 We may use any feedback and suggestions for improvement relating to the Site and related services that is provided by you, whether unsolicited or otherwise (“Feedback”) without charge or limitation and you hereby irrevocably and unconditionally assigns (or shall procure the assignment) of all intellectual property rights in the Feedback (including by way of present assignment of future intellectual property rights) to us at the time such Feedback is first provided to us. To the extent that any Feedback is not orcannot be assigned to us as legal and beneficial owner you grant and agree to grant us, relating to all of your rights in the Feedback, a worldwide, non-exclusive, perpetual, irrevocable, royalty-free, fully-paid, sub licensable and transferable right and license to incorporate, use, publish and exploit such Feedback for any purpose whatsoever, commercial or otherwise, including but not limited to incorporating it in the Service, or any of our product or services, without compensation or accounting to you and without further recourse by you.
7 COMMUNICATION AT YOUR OWN RISK
8.1 USE OF THE SITE AND SITE CONTENT IS ENTIRELY AT YOUR OWN RISK AND YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING IN WHOLE OR IN PART FROM YOUR USE AND/OR ACCESS TO THE SITE. WE SHALL NOT BE LIABLE TO YOU OR TO ANYONE ELSE FOR ANY LOSS, DAMAGE OR DISTRESS CAUSED IN WHOLE OR IN PART BY RELYING UPON, USING, OR INTERPRETING THE CONTENT OR OTHER INFORMATION OBTAINED THROUGH THE ACCESS AND/OR USE OF THIS SITE. THE SITE, ALONG WITH THE SITE CONTENT, IS PROVIDED 'AS-IS' AND ON AN 'AS AVAILABLE' BASIS WITHOUT ANY REPRESENTATION OR ENDORSEMENT OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW WE DISCLAIM ALL WARRANTIES, CONDITIONS OR OTHER TERMS OF ANY KIND EXPRESS OR IMPLIED OR STATUTORY, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANT ABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE. FOR THE AVOIDANCE OF DOUBT, WE MAKE NO REPRESENTATION OR WARRANTY: (I) IN CONNECTION WITH THE COMPLETENESS, SECURITY, QUALITY, ACCURACY, RELIABILITY, AVAILABILITY OR TIMELINESS OF THE SITE OR ANY OF THE CONTENT MADE AVAILABLE ON OR THROUGH THE SITE; AND/OR (II)THAT THE SITE OR THE SERVER(S) IT IS HOSTED ON IS FREE FROM DEFECTS, ERRORS, VIRUSES, BUGS OR OTHER HARMFUL ELEMENTS; AND/OR (III) THE SITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE SITE WILL MEET YOUR OR ANY OTHER PERSON’S REQUIREMENTS, NEEDS OR EXPECTATIONS.
8.2 ANY REFERENCE TO OR DESCRIPTION ON THE SITE OF PRODUCTS, SERVICES OR PUBLICATIONS SHALL NOT BE DEEMED AN ENDORSEMENT OF SUCH PRODUCTS, SERVICES OR PUBLICATIONS. WE DO NOT PROVIDE LEGAL, FINANCIAL OR OTHER PROFESSIONAL OR PERSONAL SERVICES. SHOULD LEGAL, FINANCIAL OR OTHER PROFESSIONAL, PERSONAL OR EXPERT ADVICE OR OTHER ASSISTANCE BE SOUGHT, THESE SERVICES SHOULD BE OBTAINED FROM A QUALIFIED PROFESSIONAL.
8.3 WE MAKES NO WARRANTIES REGARDING POSSIBLE INFRINGEMENT OF ANY NATIONAL OR FOREIGN PATENT, TRADE MARK, TRADE NAME, COPYRIGHT OR OTHER INTELLECTUAL PROPERTY RIGHTS AND USERS SHALL HAVE NO CLAIM AGAINST SEARCH RECRUITMENT GROUP OR ITS AFFILIATES OR LICENSORS IN CONNECTION THEREWITH.
9 LIMITATION OF LIABILITY
9.1 THE MAXIMUM EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL SEARCH RECRUITMENT GROUP (INCLUDING FOR CLARITY, ITS AFFILIATES) OR ITS LICENSORS, SUB-CONTRACTORSOR CONSULTANTS (COLLECTIVELY, “REPRESENTATIVES”), BE LIABLE TO YOU OR ANY OTHER ENTITY FOR ANY INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, COVER, RELIANCE OR PUNITIVE DAMAGES, LOSS OR CORRUPTION OF DATA, COST OF DATA RECONSTRUCTION, LOSS OF PRODUCTION, LOSS OF BUSINESS OR REVENUE OR PROFIT, BUSINESS INTERRUPTION, BREACH OF DATA OR SYSTEM SECURITY, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DAMAGES RESULTING FROM DELAY ORINTERRUPTION OF SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, THIRD PARTY PRODUCTS, SERVICES OR MATERIALS USED OR PROVIDED FOR USE IN CONNECTION WITH THE SERVICES, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICES, OR OTHER SIMILAR DAMAGES UNDER ANY LEGAL OR EQUITABLE THEORY, INCLUDING BREACH OF CONTRACT, TORT (WHETHER OR NOT THERE IS NEGLIGENCE BY SEARCH RECRUITMENT GROUP OR ITS REPRESENTATIVES), STRICT LIABILITY AND OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF, OR IS AWARE OF, THE POSSIBILITY OF SUCH DAMAGES. FURTHER, WE SHALL NOT BE LIABLE FOR ANY DAMAGES OCCASIONED BY THE ACTS OR OMISSIONS, WHETHER INTENTIONAL OR NOT, OF YOU, YOUR USERS OR OTHERS WHO INPUT OR GENERATE ANY PART OF THE CONTENT INCLUDED IN THE SERVICES. YOU ARE RESPONSIBLE FOR THE RESULTS OF USING THE SERVICES IN YOUR BUSINESS OPERATIONS AND FOR REVIEWING FOR ACCURACY THE INVENTORY VALUES GENERATED BY THESERVICES BEFORE USING THEM TO PLACE ORDERS.
9.2 YOU AGREE THAT SEARCH RECRUITMENT GROUP WILL NOT BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY MODIFICATION, SUSPENSION AND/OR TERMINATION OF THE SITE OR SERVICE (OR ANY PART THEREOF). WITHOUT PREJUDICE TO THE PRECEDING RESTRICTION, AND TO THE EXTENT PERMITTED BY LAW, IN NO EVENT WILL SEARCH RECRUITMENT GROUP OR ANY OF ITS REPRESENTATIVES' TOTAL AGGREGATE LIABILITY TO YOU OR TO ANY OTHER PERSON FOR ANY CLAIMS, PROCEEDINGS, LIABILITIES,OBLIGATIONS, DAMAGES, LOSSES, AND COSTS, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LAW OR EQUITY, AND REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONG DOING BY SEARCH RECRUITMENT GROUP OR ANY PERSON FOR WHOM WE ARE RESPONSIBLE, EXCEED $50.00 USD. RECOVERY OF DAMAGES UP TO SUCH AMOUNT SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
11 LINKS TO THIRD PARTY WEBSITES
The Site may contain links to third party websites, but this does not mean that we sponsor, endorse or authorize those websites, nor does it mean that we are affiliated with the third party website's owners or sponsors. We are not responsible for the content or availability of any website or service that is not owned or directly controlled by SEARCH RECRUITMENT GROUP. We do not endorse and we are not responsible in any way for anycontent, advertising, products, services or other materials made available on or through third party websites. Your access and use of third party websites are subject to the terms and conditions of use and other policies contained within each of those websites. Links to other sites are provided for your convenience only, and you access them at your own risk. We may terminate a linkto a third party website at anytime without notice and without liability to you.
13 Anti-Corruption. Each party is committed to maintaining high ethical standards in all of its business operations and business practices and will perform its obligations here under in accordance with its own internal code of conduct. Each party represents and warrants that: (i) it is familiar with andunderstands the terms of the U.S. Foreign Corrupt Practices Act of 1977, asamended (“U.S. FCPA”), and that it shall comply to the extent applicable to the Parties’ business relationship hereunder with the U.S. FCPA and all other applicable anti-bribery or corruption laws or regulations of any other country or jurisdiction that are applicable to the Parties’ business activities hereunder; and (ii) it has not and shall not offer, pay, give, or promise to pay or give, directly or indirectly (including through a third party or intermediary) any payment or gift of any money or thing of value to any government official, government employee (or employee of any company owned in part by a government), political party, political party official, or candidate for any government or political office (each, a “Government Official”) to influence any acts or decisions of such Government Official or to induce such official to use his or her influence with the local government to effect or influence the decision of such government in order to assist either party in its performance of their obligations under this Agreement or to benefit the other party. Failure by either party to comply with this Clause 14 will be deemed a breach of a material provision of this Agreement and the non-breaching party will have the right to terminate this Agreement and its performance without any liability to the other party upon thirty (30) days prior written notice to such party.
14 FORCE MAJEURE
15 GOVERNING LAW
16 GENERAL PROVISIONS
16.7 All questions, feedback, comments, and other communications relating to the Site should be directed to: Search Recruitment Group LLC dba Henderson Scott by post to Tower 49, 12 East 49thStreet, 11th Floor, New York, NY 10017, by email to [email protected] or by telephone on 1 (833)219-6471.
Search Recruitment Group
Henderson Scott UK
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