Terms and Conditions of Service – GradSmart

Last updated May 2023

1. Introduction

Welcome to GradSmart! 

This page tells you the terms on which you may use our website www.gradsmart.co.uk (including all landing pages and social media pages) (together, known as the “website”). 

By using our website, or buying from us, you are agreeing to these Terms of Service. 

2. Who We Are

We are GradSmart (12329845) with a registered address at 9 Sandy Lane, Skelmersdale, England, WN8 8LA (the “Company”) and are the owner of the website.  

3. General Conditions 

When you use our website as an employer (i.e. our client), we will treat you as a business customer. This means you will not be entitled to consumer protections under law.  

When you use our website as a student or graduate, you are treated as a consumer, and you will receive protection under law. 

We can decide not to provide our service to anyone for any reason at any time.

If you make a purchase on our website, you agree that the information you provide (including payment details) is correct.  

We can change or discontinue any part of the website at any time without notice. 

4. Services

Student/Graduate User Journey

When you use our website as a student or graduate, this will be your journey on the website:

• You will take our GradSmart test (including a personality test, details regarding our use of this personal information can be found in our Privacy Policy, available on our website)

• You will create a profile and view our results based on your personality type

• You will use the results, as well as other job related preferences to either search or view GradSmart suggested jobs

• You will be able to apply for relevant roles which are forwarded directly to potential employers accompanied by an email from GradSmart

• You will then receive contact from the Company in order to arrange next steps such as further application requirements or an interview

Client/Company User Journey

When you use our website as an employer, this will be your journey:

• You will create a company profile to upload to a job for advertisement 

• On our free service, you are permitted to upload jobs for free for advertisement 

• If you wish to buy additional services or features to use, you must pay the assigned price for each of the said features

• Purchases for use on the website are valid and enabled for twelve months and can be paid in one lump sum or billed monthly. Further details regarding payment will be discussed with you upon purchase 

• Once your advertisements are live, you will receive applicants through the website accompanied by a notification email

• You will then have the option to reject Students or progress them to an interview stage organised as per your standard processes

5. Use of the Website

You have permission for temporary use of the website, but we can withdraw or change the website at any time without telling you and without being legally responsible to you.

You must treat all identification codes, passwords and other security information as confidential. If we think you have breached this, we are allowed to disable any security information (including your passwords and codes).

Only use the website as allowed by law and these terms. If you don't, we can stop you using the website temporarily or indefinitely.

We frequently update the website and make changes to it, but we don't have to do this, and material on the website may be out-of-date. No material on the website is intended to contain advice, and you shouldn't rely on it. We are not legally responsible if you rely on information on our website. 

You must not post anything:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to civil liability, or otherwise be contrary to the law of or infringe the rights of any third party in the UK or any other country in the world; or

(d) which is harmful in a technical sense (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You may not misuse our website (including, without limitation, by hacking it).

If the police or another law enforcement body asks us to assist them by disclosing the identity of someone posting on our website, we will do so. 

6.  For employers only

You are responsible for ensuring that the content of the job posting is appropriate for the website and that it is accurate in all material respects. 

If we have reason to believe your job posting is inappropriate, illegal or we have any other issue with the job posting you have advertised, we reserve the right to remove this from the website.

If you make a mistake in your job posting, this is your responsibility, and we are not in any way liable for this.

You are responsible for complying with all laws and regulations in placing job advertisements.

You are responsible for complying with all laws and regulations (including GDPR) when handling data.

7. Liability to students or graduates

Our liability to you shall not exceed £1,000. 

Any indirect, special or consequential loss is wholly excluded. We are not responsible for you failing to secure employment.

We’re not trying to exclude our liability for:

• death or personal injury caused by negligence;

• fraud or fraudulent misrepresentation;

• breach of the terms implied by section 12 of the Sale of Products Act 1979; or

• defective products under the Consumer Protection Act 1987.

This section shall survive termination of these Terms of Service.

We are not an employer and accept no responsibility for employment obligations.

8. Liability to employers

Nothing in these Terms of Service limits or excludes our liability for:

• death or personal injury caused by our negligence;

• fraud or fraudulent misrepresentation;

• breach of the terms implied by section 12 of the Sale of Products Act 1979 (title and quiet possession); or

• any other liability that cannot be limited or excluded by law.

We will under no circumstances be liable to you for:

• any employment relationship that may be formed between you and a student/graduate from our website;

• you not securing a suitable candidate for an advertised role;

• any loss of profits, sales, business, or revenue; or

• any indirect or consequential loss.

Subject to the above our total liability to you for all losses arising under or in connection these Terms of Service will in no circumstances exceed the price for one month’s subscription to our website.

We are not an employer and accept no responsibility as an employer.

9. Intellectual Property Rights

We are the owner or licensee of all intellectual property rights in the website (for example the copyright and any rights in the designs) and in any of the material posted on it. They are protected by copyright.

You must not copy, disassemble, reverse decompile or save any material on our website, in any manner or any form to pass off as your own or to sell products or services to someone else. 

If you breach these Terms of Service, you lose your right to use our website, and must destroy or return any copies of our digital content or products you have made.

10. Uploading to our Website

Material that you upload will be regarded as non-confidential and not owned. This means that we can copy it, distribute it, and show it to other people for any purpose. You agree that if anyone else claims to own the material, or says that it breaches their rights, we can give them your identity. 

We won't be legally responsible to anybody for the accuracy of material that you upload to the website, and we can remove it at any time.

This clause does not apply to any personal data you input into our website, which will be handled in accordance with our privacy policy. This policy can be found on our website.

11. Computer Offences

If you do anything which is a criminal offence under the Computer Misuse Act 1990, your right to use the website will end straightaway. We will report you to the relevant authorities and give them your identity.

Examples of computer misuse include introducing viruses, worms, Trojans and other technologically harmful or damaging material.

You must not try to get access to our website or server or any connected database or make any 'attack' on the website. We won't be legally responsible to you for any damage from viruses or other harmful material that you pick up via our website.

12. Links to Our Website

You are allowed to make a legal link to our website's homepage from your website. We can end this permission at any time.

You must not suggest any endorsement by us or association with us unless we agree in writing.

13. How We Use Your Personal Data 

All personal information that we may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.

For complete details of our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to our Privacy Policy  available on our website.

14. Links From Our Website

Links from our website to other websites are for information only. We don't control them and don't accept responsibility for other websites, or any materials found upon them or any loss you suffer from using them.

15. Variation

We change these Terms of Service from time to time and you must check them for changes because they are binding on you.

16. Third Party Rights

Unless it expressly states otherwise, these Terms of Service do not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of these Terms of Service.

17. Applicable Law

These Terms of Service and any non-contractual obligations arising hereunder, shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Any dispute, controversy, proceedings or claim between you and us relating to these Terms of Service, or the relationship between you and us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.

19. Contact Us

Please email us at [email protected] to contact us about any issues.