Please read these terms and conditions carefully before using the endorsejobs.com website. By using the endorsejobs.com website, you signify your agreement to be bound by these terms and conditions.
1.1 The following definitions apply:
“Client” means a recruitment agent, or recruitment event organiser or any other company, firm or organisation which has set up an account with Endorse in order to list its recruitment agency services or recruitment event services on the Website or to list any jobs or other miscellaneous goods or services on the Website.
‘’Candidate’’ means a job seeker who has set up an account with Endorse in order to search for recruitment agents or recruitment event organisers.
‘’Employer’ means a company, firm, Trust or organisation which has set up an account with Endorse to search for recruitment agents in order to fill its vacancy needs.
“You” or “your” refers to those who use the Website to search for Clients, namely Employers and Candidates.
“Commencement Date” means the date for the commencement of the Services as set out in the Order Confirmation.
“Listing” means a recruitment agency listing, a recruitment event listing, a job listing or a miscellaneous goods or services listing which is posted on the Website.
“Order Confirmation” means, in the case of online orders, the confirmation of purchase on the Website of one or more of the Services; and in the case of orders via the Endorse sales team, the form signed by the Client confirming details and Pricing Model(s) of the Services ordered by the Client.
“Data Protection Law” means the General Data Protection Regulation 2016/679 (“GDPR”) or any equivalent provision which may replace the GDPR following the formal political separation of the United Kingdom from the European Union; the Regulation of Investigatory Powers Act 2000; the Telecommunications (Lawful Business Practice) (Interception of Communications) Regulations 2000 (SI 2000/2699); the Electronic Communications Data Protection Directive (2002/58/EC); the Privacy and Electronic Communications (EC Directive) Regulations 2003 (SI 2426/2003); and all applicable laws and regulations which may be in force from time to time relating to the processing of personal data and privacy, including where applicable the guidance and codes of practice issued by the Information Commissioner or any other supervisory authority, and the equivalent of any of the foregoing in any relevant jurisdiction.
“Personal Data” means any information relating to a living individual who can be identified by that information, such as a name, an identification number, an online identifier or one or more factors specific to that individual, including any such information pertaining to any Candidate or any Employer.
“Pricing Model(s)” means the pricing models offered by Endorse as set out in clause 2.
“Event Organiser” means an external event company not associated nor in the business as a recruitment agency.
“Endorse”, “we”, “us” or “our” means Endorse Medical Limited, acting through Endorsejobs.com.
“Services” means the provision by Endorse of recruitment agency listing services, recruitment event listing services, job listing services and other miscellaneous goods and service listing services on the Website.
“Terms” means these terms and conditions of supply.
“Website” means www.endorsejobs.com and includes without limitation its content, databases, software, code and graphics.
1.1 Our Website is a recruitment agent and event directory. If you contact a Client through our Website for recruitment services or events, that connection is made with the Client named on the contact page and our Website only acts as a user interface. Endorse does not provide, own or control any Client or their services or facilitate or coordinate any recruitment events that you can access through our Website. The Listings are owned, controlled or made available by Clients either directly or as an agent. The Clients are responsible for the delivery of the service they provide. The Clients will in most cases provider their own terms and privacy policies for their services and you are solely responsible for ensuring that you read and understand those terms and policies. Your interaction with any Client accessed through our Website is at your own risk and Endorse shall have no liability to you nor to anybody else should anything go wrong with or you are otherwise dissatisfied with any service provided by any Client. If you have any issues or disputes regarding any such service, you agree to address and resolve these with the Client and not with us.
1.2 The appearance of any Listing on our Website does not in any way imply, suggest, or constitute a recommendation by Endorse of that Listing or any Client, nor any sponsorship or approval of Endorse by any such Client, nor any affiliation between any such Client and Endorse.
1.3 Endorse hosts content, including prices, made available by or obtained from Clients. Endorse is in no way responsible for the accuracy, timeliness or completeness of such content. Since Endorse has no control over any Clients and does not verify the content uploaded by those parties, it is not possible for us to guarantee any of the prices displayed on our Website. Prices change continuously and additional charges (e.g. payment fees, services charges, campaign costs and fees) may apply, so you should always verify that the price requested for the services of a particular Client is the one you expected to pay. Some Clients may also price their services in another currency than the currency displayed on our Website or otherwise chosen by you for the display of the search results. Our currency conversion is for information purposes only and should not be relied upon as accurate or real time; actual rates may vary and your payment provider (e.g. your credit card company) may in any event charge conversion fees and apply another date’s currency rate.
2.1 The following Services are available from Endorse via the Website:
(a) Free Agent, Job, Event and Job Searching: A free service for healthcare industry Employers and Candidates. Employers can search and make a connection with potential Clients, jobs and events from across the globe to support their ambition to hire abroad. Candidates can search for Clients and submit a CV for employment opportunities abroad or attend events that will support their ambitions.
(b) Free Agent Listing: A service whereby new Clients may post a single agency Listing and unlimited job and event listings which have limited fields. A Free Listing allowance is available once within an annual rolling term. Clients will be able to add an cover image, agency contact details, website information and receive candidate and employer reviews and ratings. The Client’s profile can be managed via the Client’s Free Listing account where they can upgrade to an Endorsed Listing services. The Client can receive email support from the Endorse Team.
(c) Pro Agency Listing: A paid service whereby the Client can post a single agency Listing within a particular location and given unlimited event or unlimited job Listings, including upgrading their agency Listing to gain greater exposure to Employers and Candidates. Endorsed Clients will be given greater prominence in agency, Job and Event Listings for the annual rolling term. Clients will be able to add their company logo, services, images and video, social media links, location and contact information for Employers and Candidates to view, so as to increase chances for Employer and Candidate reviews and ratings. Candidates will be able to apply directly to Endorsed Clients, through its Endorsed agency and job listings. Endorsed agents will be able to manage their profile by logging into their online account and producing activity reports. Clients will also be prioritised to receive Candidate CV’s through its free service to candidates. Endorsed Clients will also be prioritised for Home Page positioning. The Client can receive email and telephone support from the Endorse team.
(d) Endorse Enterprise Listing: A paid service whereby the Client can post a single agency Listing within a particular location and given unlimited event or unlimited job Listings, including upgrading their agency Listing to gain greater exposure to Employers and Candidates. Endorsed Clients will be given greater prominence in agency, Job and Event Listings for the annual rolling term. Clients will be able to add their company logo, services, images and video, social media links, location and contact information for Employers and Candidates to view, so as to increase chances for Employer and Candidate reviews and ratings. Candidates will be able to apply directly to Endorsed Clients, through its Endorsed agency and job listings. Endorsed agents will be able to manage their profile by logging into their online account and producing activity reports. Clients will also be prioritised to receive Candidate CV’s through its free service to candidates. Endorsed Clients will also be prioritised for Home Page rotational positioning and search prioritisation. Clients who receive candidate and employer reviews will receive a Rating Banner, allowing Clients to use this banner to promote their business. All clients may use the Endorse Icon which shows Employers and Candidates that the Client is an ethical recruiter and has signed up to the Endorse Code of Practice, which forms part of the Listing upgrade approval process. The Client will receive a dedicated Key Account Manager and Copywriter to manage, create and edit all agency, job and event listings. The Client will receive email and telephone call back support from their Key Account Manager.
(e) Event Listing: A service whereby Clients can post event Listings for a particular event during a particular timeframe. Clients will be able to add the event logo, event information and location information to increase the chance that Employers and Candidates will attend and participate. Clients will be able to manage their event by logging into their online account and producing activity reports. Only Clients that has an agency Listing will be eligible to add an event listing. Event Listings will automatically link to their agency profile.
(f) Endorsed Event Listing: A paid service whereby a external Event Organiser can post a single event Listing for a particular event during a particular timeframe for a 90 day term. Event Organisers will be given greater prominence in event search Listings and feature on our Website’s homepage. External Event Organisers will be able to add their company logo, services, images and video, location and contact information to increase the chance for Employers’ and Candidates’ attendance and participation. The Event Organiser will receive a Key Account Manager to support their experience. Endorsed will create and manage their listing. External can request a listing and changes to the listing by emailing or calling their Key Account Manager directly. Endorsed Event Listings will benefit from using the Endorse Icon Listing.
(g) Candidate CV Referral: The Client will be referred Candidate CVs which match the Candidates’ residing location and/or the location the Candidates wish to work and the Client’s services. Whilst the Candidate can choose which agents they wish to be referred, Endorsed subscribers will also receive Candidate CV’s that reflects the needs of the Candidate. Once a CV has been received, it is the Client’s responsibility to make direct contact with the Candidate to offer their services.
(i) Advertising: A paid service whereby any Business, Employer or Client is able to advertise its goods or services within our Website via the use of page Banners. To apply for this service, contact Endorse via the ‘Contact us’ webpage.
2.2 The following Pricing Models are available in relation to the Services:
(a) Listings by Volume:
(i) the Client will buy the agreed number of Listings as set out in the Order Confirmation;
(ii) the agreed pricing and payment method will be set out in the Order Confirmation.
(b) Advertising On Demand:
(i) The number of adverts are set out within the Order Confirmation;
(ii) the Client, business or Employer will be charged for each advert posted in accordance with the pricing matrix set out in the Order Confirmation.
2.3 Endorse shall provide the Services with reasonable skill and care in accordance with these Terms. This shall be the only warranty given by Endorse with respect to the provision of the Services.
2.4 Clients must set up an account with Endorse in order to gain access Endorsed Services. The Services do not constitute an offer by Endorse and Endorse reserves the right in its sole and absolute discretion to refuse to offer the Services to any person or organisation.
2.5 A legally binding contract between Endorse and the Client comprising these Terms and the Order Confirmation will come into effect when:
(a) in the case of online orders, the screen confirming successful purchase of the Services appears on the Website; or
(b) in the case of orders via the Endorse sales team, Endorse has received the Client’s completed Order Confirmation. The Client acknowledges that such contract is conditional upon the Client passing Endorse’s credit and validation checking process in accordance with Endorse’s Credit Account Terms and Conditions.
2.6 Endorse will perform the Services using information and criteria supplied by the Client. It is the Client’s responsibility to provide accurate and up to date information.
2.7 The Client undertakes not to submit for inclusion in any Listings, its profile, or anything to appear on the Website, any material which is illegal, defamatory, offensive, fraudulent, violent, discriminatory, obscene, lewd or sexually explicit or suggestive or against the spirit of the Endorse Code of Practice or which may adversely affect Endorse or Endorse’s reputation.
2.8 Other than for Services paid for online using credit or debit cards (where Endorse will provide payment confirmation after payment has been taken), Endorse shall issue an invoice to the Client on formation of a contract as set out in clause 2.5 above, and in the case of additional Services, at agreed intervals in advance thereafter. The Client shall pay Endorse’s invoices in full within 14 days from the date of invoice. In the event of late payment, Endorse may suspend any or all of the Services until payment is received. In the event that the Client fails to pay any invoice within 7 days of receipt of a notice to pay (receipt shall be deemed to be 2 working days after the date of such notice), Endorse may terminate or suspend the provision of the Services and all outstanding invoices shall become payable immediately. For all Services other than Advertising, the fees in respect of any outstanding minimum term shall also become payable immediately. For the avoidance of doubt, the Client shall remain liable for the payment of all agreed Services notwithstanding that such Services may have been suspended or terminated under this clause 14. Without prejudice to any other remedy, Endorse reserves the right to charge interest in accordance with the Late Payment of Commercial Debts (Interest) Act 1998 as amended.
2.9 The Client may provide Endorse with a recurring payment authority to enable Endorse to take regular payments from the Client’s nominated debit or credit card for payment of the Services. Such authority must be provided to Endorse’s sales team by phone or online through the Client’s online account. When a recurring payment authority has been provided, Endorse will be entitled to take regular payments for the Services from the nominated debit or credit card without the need to obtain individual authorisation for every payment. The Client may cancel or update a recurring payment authority at any time by calling Endorse’s sales team or online in the Client’s online account. The Client shall remain liable for any outstanding fees (if any) in the event that a recurring payment authority is cancelled prior to paying for all Services provided.
2.10 Once a contract has been formed, Endorse cannot accept any cancellation of the agreed Services: unless otherwise agreed in writing by Endorse (subject to Endorse’s sole and absolute discretion), no refunds will be given and any and all outstanding invoices shall remain payable. Without prejudice to the foregoing:
(a) Subject to sub-clause 2.10 (b) below, the Services will be provided for a minimum term of 90 days unless otherwise agreed with Endorse. In the event of early termination, no refunds will be given, outstanding invoices shall remain payable, and the fees in respect of any outstanding minimum term shall become payable. Any contract for Standard Agency Listing Services or Endorsed Agency Listing Services will automatically roll over for further minimum terms of 90 days on the same terms and fees for each renewal term shall become payable on the date immediately prior to the relevant rollover date, unless either party gives the other written notice to terminate at least 14 days prior to such rollover date.
(b) For the avoidance of doubt, Advertisings will not be provided for a minimum fixed term. Any Listings or adverts that are live on the Website will remain live until their expiry date, but no new Listings or adverts can be made using the credits from the relevant contract.
2.11 Endorse may, in its sole and absolute discretion, add to, modify or discontinue any of the Services from time to time. However, this will not affect any Order Confirmation agreed prior to any change or withdrawal of the relevant Service.
2.12 Endorse reserves the right to change the fees and/or these Terms from time to time, provided that no change shall be retrospective.
2.13 Without prejudice to any other remedy, Endorse may terminate the Client’s account and any or all contracts and Services upon notice to the Client with immediate effect in the event of material or persistent breach of these Terms by the Client or if Endorse has reasonable grounds to believe that the Client cannot or will not pay its debts.
2.14 Endorse reserves the right to close any account immediately without liability if, in its opinion, any of the following has occurred:
(a) the Client has not provided full or accurate contact or company information;
(b) Endorse considers the Client is acting inappropriately or illegally;
(c) the Client has worked against the spirit of the Endorse Code of Practice;
(d) the Client is using the Website to advertise websites, services, businesses and/or business opportunities in any part of the Listing or on any part of the Website;
(e) the Client fails Endorse’s credit and validation checking process, or defaults on payment;
(f) the Client resells Listings without the express written permission of Endorse;
(g) The Client refers Employers to a third party without the direct approval of the Employer or acts or behaves inappropriately towards Employers;
(h) the Client has been given permission by Endorse to resell a Listing but does not accurately represent the services that are offered by Endorse; and/or
(i) the Client has provided a third party with an Endorse-referred CV.
2.15 The Client agrees to use the Website and the Services in ‘good faith’ i.e. to post authentic, ethical, impartial and unique Listings of reasonable quality, which provide both adequate and accurate service details and to treat all Employers and Candidates with honesty, transparency and fairness. The Client also agrees that any abuse of the Services, Website or these Terms can result in the Client’s access to the Services being removed, and its account being terminated.
2.16 All intellectual property rights connected with the Services and/or the Website shall remain vested in Endorse or any third party from whom such rights are licensed. The Client shall not reproduce, copy, modify, adapt, publish, transmit, distribute or in any way commercially exploit any material which is or may be the subject of any such intellectual property rights.
2.17 Endorse respects the intellectual property rights of others and we prohibit users from uploading, posting or otherwise transmitting on our Website or otherwise any materials that violate another person’s intellectual property rights. If you believe that your trademark or copyright rights have been violated, please email [email protected] and we will investigate.
2.18 Endorse encourages you to share your comments, reviews and questions with us, but we may not be able to respond to all of them. You can do this by emailing us on [email protected]. Please note that we assume no responsibility for reviewing unsolicited ideas for our business (like product or advertising ideas) and will not incur any liability as a result of any similarities between those ideas and materials that may appear in future Endorse’s products or services.
2.19 Also, please note that you are responsible for whatever material you submit, including its reliability, originality, and copyright. Please do not reveal trade secrets or other confidential information in your messages. Any and all rights to materials submitted to us become the exclusive property of Endorse. Further, by submitting feedback you are granting us an irrevocable, perpetual, non-exclusive, transferable, fully paid, worldwide license (with the right to freely sublicense) to use, copy, modify, publicly perform, publicly display, reformat, translate, syndicate, republish, excerpt (in whole or in part) and distribute feedback we receive from you for any purpose, including business, commercial, marketing, advertising, or otherwise.
3.1 Endorse cannot guarantee that:
(a) the Website and/or the Services will be available at all times;
(b) the Website will be free from errors, viruses and/or other harmful applications; and
(c) the Services will generate any Employers, responses, CV’s or results. For the avoidance of doubt, no Listing or Service nor your use of the Website is guaranteed to result in a contract or placement.
3.2 Endorse acknowledges that it will act as a data controller for the purposes of the Data Protection Law.
3.3 For the sake of clarity and the avoidance of doubt, the Client acknowledges that it is acting as a data processor for the purposes of the Data Protection Law in connection with any Personal Data it obtains in the provision of the Services by Endorse. It is the Client’s responsibility to comply with its obligations as a data processor and to satisfy themselves of the legal grounds for processing any Personal Data. The Client’s specific obligations as a data processor are set out in clauses 3.4 to 3.8.
3.4 The Client will process all Personal Data in compliance with the Data Protection Law and otherwise as necessary to perform the Client’s obligations under these Terms.
3.5 The Client will implement technical and organisational measures to ensure the security of the Personal Data and such measures will conform to the requirements of the Data Protection Law.
3.6 The Client shall assist Endorse in complying with our obligations under the Data Protection Law, including assisting in responding to any requests by data subjects and supervisory authorities.
3.7 The Client shall promptly notify Endorse of any data breaches concerning Personal Data.
3.8 The Client shall make available to Endorse all information requested to demonstrate compliance with the Data Protection Law and will contribute to audits conducted by Endorse or our representatives in relation to the processing of Personal Data by the Client.
3.9 The Client shall indemnify and hold Endorse harmless against any claim, loss, liability, expense and/or damage arising from any failure by the Client to fulfil any obligation of the Client under clauses 3.3 to 3.8 above.
3.10 Endorse shall not be in breach of these Terms if events beyond its reasonable control prevent Endorse from performing the Services.
3.11 It is the Client’s responsibility to protect their computers against any viruses and malware.
3.12 In the event that the Client makes a claim against Endorse for whatever reason, Endorse’s liability (if any) shall not exceed the price paid or to be paid by the Client for the Services. Under no circumstances shall Endorse be liable for any consequential, indirect or special losses (howsoever arising) or for any loss of profits, revenue, interest, goodwill, business and/or savings (whether direct or indirect). Nothing in these Terms shall be construed so as to exclude or limit Endorse’s liability for death or personal injury by negligence or for any other liability which cannot by law be excluded or limited.
3.13 From time to time Endorse will contact Clients in order to evaluate the service they receive and also to promote Endorse’s services and products. Endorse monitors the quality of Listings from time to time in order to provide a better service for Candidates and Employers.
3.14 The Client undertakes not to solicit, or endeavour to solicit, for employment or engagement with itself or any associated company or organisation, any employee of Endorse. Breach of this clause shall be a material breach and will entitle Endorse, (without prejudice to any other remedies it may have), to terminate the Client’s account and Services immediately.
3.15 No Client, Employer or Candidate shall undertake any recruitment business of any kind with each other with respect to the subject matter of these Terms, the Services, or any contract arising under these Terms, save for any such business which is conducted under and in accordance with these Terms. For the avoidance of doubt, the restrictions imposed by this clause shall cover recruitment agency services, recruitment event services, job listing services and other miscellaneous goods and service listing services, together with anything pertaining to the aforesaid services and any analogous services.
3.16 The Client shall not resell any Services without the express written permission of Endorse. Endorse reserves the right to impose any restrictions it deems fit should it provide permission for the reselling of any of the Services.
4.1 By submitting a Listing to our Website, the Client is authorising Endorse to post such Listings and submit Candidates ranked by Endorse in accordance with the Client’s Order Confirmation, location, services, Candidate deployment, affiliations and rating (if any).
4.2 The Client is responsible for the content of the Listing and will indemnify Endorse and hold Endorse harmless against any claim, loss, liability, expense and/or damage (“Losses”) incurred in connection therewith.
4.3 The Client shall include in an agency Listing the following information:
(a) Company Name, Company Website, Address and other contact information;
(b) Healthcare Industry roles and locations they source Candidates from and countries they deploy Candidates in;
(c) Company logo, images and video;
(d) Google maps iframe;
(e) Company credentials, Licencing, accreditation, membership and framework agreements;
(f) Office opening and closing times;
(g) Social Media Links;
(h) Current number of active Candidates on database;
(i) Additional services and offers.
4.4 The Client shall include in an event Listing the following information:
(a) Company Name, event website page, Address and other contact information regarding the event;
(b) Healthcare industry event location;
(c) Webpage URL to register and webpage URL for exhibitors;
(d) Company logo, event logo, images and video;
(e) Google maps iframe;
(f) Company credentials, Licencing, accreditation, membership and framework agreements;
(g) Event description and exhibitors attending;
(h) Event opening and closing times;
(i) Social Media Links;
(j) Event services and offers.
4.5 The Client shall include in a job Listing the following information:
(a) Company Name, Company Website, Address and other contact information;
(b) Healthcare Industry role and location;
(c) Company logo, images and video;
(d) Google maps iframe;
(e) Company credentials, Licencing, accreditation, membership and framework agreements;
(f) Office opening and closing times;
(g) Social Media Links;
(h) Additional services and offers.
4.6 The Client shall provide sufficient details about itself and the services they provide to Employers and Candidates, including without limitation the Client’s customer’s identity, the nature of its business, the nature and duration of the role, the type of work to be performed, and the location, remuneration and benefits.
4.7 Candidate CV’s will be forwarded by Endorse by e-mail subject to any filtering and ranking. The Client is responsible for verifying the information contained in Candidate CV’s and Endorse accepts no responsibility for checking the content of any CV or job application. In particular, but without limitation, the Client is responsible for verifying the Candidate’s identity, eligibility to work, experience, training, qualifications and authorisations required by the Client, by law or by any relevant professional body for any vacancy.
4.8 All and any subsequent dealings between the Client and the Candidate (in connection with the Candidate’s response to the job posting and any other matter) are the sole responsibility of the Client and Endorse accepts no liability whatsoever in connection therewith. The Client will indemnify Endorse and hold Endorse harmless against any Losses incurred in connection therewith.
4.9 The Client will comply with all applicable laws, including without limitation: the Data Protection Law and the Equality Act 2010 and Employment Agencies and Employment Business Regulations 2003. By submitting a Listing to the Website, the Client thereby confirms that the content of the Listing complies with the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at: https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice and the Client also confirms that it will align its practices with the principles of good practice including the World Health Organisation’s code of conduct for International Recruitment http://www.who.int/hrh/migration/en/, which Endorse has aligned its Code of Practice with. The Client shall indemnify Endorse and hold Endorse harmless against any Losses incurred in connection with any breach by the Client of any of the provisions of this clause 4.9.
4.10 The Client should be aware of the impact of international recruitment on local communities and endeavour to set a community action plan to support or remedy any negative impact of international recruitment.
4.11 The Client shall protect any potential Candidates from harm or exploitation, whilst working to prevent Modern Slavery.
4.12 The Client, where required to do so under English law, will comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2003 (“the Regulations”) and the Employment Agencies Act 1973 in relation to all vacancies posted on our Website, communications with Candidates and management of Candidates’ details. The Client shall indemnify Endorse and hold Endorse harmless against any Losses incurred in connection with any failure by the Client to comply with its obligations under this clause. The Client may have obligations under this clause if the Client could be deemed to be acting as an employment agency or an employment business under English law; however, the Client shall be solely responsible for making that determination.
4.13 The Client shall not post any Listings where:
(a) there is a risk to the health and safety of any Candidate at the location where the work is to be performed, unless the Client undertakes to inform the Candidates of such risks and the steps taken to prevent or control such risks; or
(b) the role involves working with vulnerable persons, including without limitation persons under the age of 18 or persons in need of care and attention by reason of old age, infirmity or any other circumstances, unless the Client undertakes, in respect of the Candidate to be placed:
(i) to obtain copies of any relevant qualifications or authorisations of the Candidate;
(ii) to obtain two references from persons who are not relatives of the Candidate; and
(iii) to take all other reasonably practicable steps, including without limitation complying with all relevant laws, codes of practices and guidelines issued by relevant authorities, to confirm that the Candidate is not unsuitable for the position concerned. To refer to an example of good practice, please review the UK employment check standards http://www.nhsemployers.org/your-workforce/recruit/employment-checks.
4.14 By posting any Listing of the type described in sub clauses 4.13 (a) or (b) above, the Client is deemed to give the relevant undertakings. Where the Client is acting as an employment agency or an employment business, the Client shall offer copies of the documents obtained under sub-clauses 4.13 (a) or (b) to the Employer.
4.15 The Client accepts responsibility for any matter which may arise between the Client and an Employer (or a Candidate and an Employer, including any detriment which the Employer may suffer or incur in respect of the engagement of a Candidate) and shall indemnify Endorse and hold Endorse harmless against any Losses incurred in connection therewith. The Client shall use all reasonable endeavours to ascertain that it will not be detrimental to the interests of the Candidate it intends to engage (if any) to work for the Employer in the Listing posted.
4.16 Endorse reserves the right in its sole and absolute discretion to remove any Listings at any time without reason. Examples of Listings that may be removed include, but are not limited to:
(a) those that Endorse considers illegal, inappropriate or fraudulent;
(b) those that directly or indirectly require or ask for application or registration fees;
(c) those that advertise pyramid, network marketing or get-rich-quick schemes;
(d) those that have been indiscriminately posted or duplicated across multiple sectors;
(e) those that advertise websites, services, businesses, business opportunities and/or contact details;
(f) those of Clients who solicit or attempt to solicit staff from any member of Endorse.
4.17 Free agent Listings under Free Listings are allocated to the Client as a company, firm or other organisation, rather than to individual users or business units. Partnered businesses are allocated free job postings centrally.
4.18 Free agent Listings postings under Free Listings are at the discretion of Endorse. Breach by the Client of any of these Terms may result in the Free Listing Services being withdrawn from the Client. In the event that the Client has any outstanding debt owing to Endorse, the Free Listing Services shall be withdrawn.
5. CV Referral
5.1 The number of CV referrals is subject to a fair distribution cap: this is 100 CV’s per day. All CV’s will be encrypted and emailed to the Client’s contact email address provided by the Client located within the Client’s online profile.
5.2 CV’s can only be used for recruitment purposes. Using CV’s for the purposes of marketing or direct selling to Candidates is prohibited and will result in the suspension of the account.
5.3 The Client shall not share referred CV’s with any third party.
5.4 The Client is responsible for making contact with the Candidate to offers its services that reflect the offers, services, jobs and events outlined within the Client’s Listings.
6. Employer Referral
6.1 Employer referrals will be passed onto Clients once Endorse completes an Employer assessment and validation process. All Employer referrals will be emailed to the Client’s contact email address provided by the Client whilst creating an Endorse account. The Employer referral will include the Employer name, contact details and workforce requirement.
6.2 Referrals can only be used for recruitment purposes. Using referrals for the purposes of marketing or direct selling other services not listed within the Listing is prohibited and will result in the suspension of the account.
6.3 The Client is required to acknowledge receipt of referrals made by Endorse by emailing [email protected].
6.4 To ensure quality of service, the Client is required to inform Endorse once they have contacted the Employer by emailing Endorse [email protected].
6.5 The Client shall not share Employer referrals with any third party, without the express written permission of Endorse. Endorse reserves the right to impose any restrictions it deems fit should it provide permission for the reselling of any of the Services.
6.6 The Client is responsible for making contact with the Employer regarding all services and staffing benefits.
7. Third Party Services
7.1 Fees For Third Party Services. Third Party Services purchased via Endorse may be subject to different refund policies that are determined by those providers of Third Party Services, and they may be non-refundable. The purchase terms and conditions for such Third Party Services will be displayed during the purchase process, such as through a link to the purchase terms and conditions. It is your responsibility to verify your ability to purchase, cancel or obtain a refund for a Third Party Service. We do not offer refunds for purchases of Third Party Services.
8.1 These Terms and, where appropriate, the Order Confirmation contain the entire agreement and understanding between Endorse and the Client. The Client acknowledges that it has not relied on any representation made by Endorse in entering this contract; however, nothing in this clause shall exclude any liability for fraudulent misrepresentation. To the fullest extent permitted by law, all terms implied by law or statute are excluded.
8.2 If any clause or part of a clause is held to be invalid or unenforceable, this will not affect the validity or enforceability of the remaining clauses or parts.
8.3 Notices to Endorse shall be sent by email to [email protected] and notices to the Client shall be sent by email to the address supplied on set up of the Client’s account.
8.4 These Terms shall be governed by English law and the parties submit to the exclusive jurisdiction of the courts of England and Wales.