Terms & ConditionsFor The Robot-Proof Recruiter Mastermind Subscription

Terms and conditions of use

1.      Introduction

1.1    These terms and conditions shall govern your use of our website for the purpose of providing The Robot-Proof Recruiter Mastermind (the mastermind).

2.      Copyright notice

2.1    Copyright (c) 2020 The Searchologist Limited.

2.2    Subject to the express provisions of these terms and conditions:

(a)    we, together with our licensors, own and control all the copyright and other intellectual property rights in our website and the material on our website; and

(b)    all the copyright and other intellectual property rights in our website and the material on our website are reserved.

3.      Permission to use website

3.1    You may:

(a)    view pages from our website in a web browser;

(b)    download pages from our website for caching in a web browser; and

(c)    print pages from our website for your own personal and non-commercial use,

        subject to the other provisions of these terms and conditions.

3.2    Unless you own or control the relevant rights in the material, you must not:

(a)    republish material from our website (including republication on another website);

(b)    sell, rent or sub-license material from our website;

(c)    show any material from our website in public;

(d)    exploit material from our website for a commercial purpose; or

(e)    redistribute material from our website.

3.3     We reserve the right to suspend or restrict access to the third party website used to host the mastermind, with the exclusive URL the-searchologist.mastermindbetter.com. You must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the website.

4.      Misuse of website

4.1    You must not:

(a)    use our website in any way or take any action that causes, or may cause, damage to the website or impairment of the performance, availability, accessibility, integrity or security of the website;

(b)    use our website in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;

(c)    hack or otherwise tamper with our website;

(d)    probe, scan or test the vulnerability of our website without our permission;

(e)    circumvent any authentication or security systems or processes on or relating to our website; or

(f)    use our website to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software.

5.      Registration and accounts

5.1    You may register for an account with the third party website used to host the mastermind by completing and submitting the account registration form at MastermindManager at URL the-searchologist.mastermindbetter.com.

6.      Cancellation and suspension of account

6.1    We may:

(a)    edit your account details;

(b)    temporarily suspend your account; and/or

(c)    cancel your account,

at any time in our sole discretion, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, you will be entitled to a refund of any amounts paid to us in respect of those services that were to be provided by us to you after the date of such cancellation; we will give you reasonable written notice of any cancellation under this Section 6.1.

6.2    You may cancel your account on our website using your account control panel on the website. You will not be entitled to any refund if you cancel your account in accordance with this Section 6.2.

7.      Subscriptions

7.1    To become a subscriber to our website services, you must pay the applicable subscription fees during the account registration procedure. We will send you an acknowledgement of your order. If your order is accepted, we will send you an order confirmation, at which point the contract between us for the supply of the website services shall come into force.

7.2    You will have the opportunity to identify and correct input errors prior to making your order by going to the settings on MastermindManager or at the relevant payment gateway.

7.3    For so long as your account and subscription remain active in accordance with these terms and conditions, you will benefit from the features specified on our website in relation to your subscription type.

7.4    We may from time to time vary the benefits associated with a subscription by giving you written notice of the variation, providing that, if in our reasonable opinion such a variation results in a substantial loss of value or functionality, you shall have the right to cancel your subscription, and we will refund to you any amounts paid to us in respect of any period of subscription after the date of such cancellation.

7.5    At the end of any period of subscription for which you have paid, and subject to the other provisions of these terms and conditions, your subscription will be automatically cancelled, unless you choose to continue with the Mastermind subscription and pay the applicable subscription fees.

8.      Fees

8.1    The fees in respect of our website services will be as set out on the website from time to time.

8.2    All amounts stated in these terms and conditions or on our website are stated inclusive of VAT.

8.3    You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on our website.

8.4    We may vary fees from time to time by posting new fees on our website, but this will not affect fees for services that have been previously paid.

8.5    If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.

8.6    If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.

9.      Distance contracts: cancellation right

9.1    This Section 9 applies if and only if you offer to contract with us, or contract with us, as a consumer – that is, as an individual acting wholly or mainly outside your trade, business, craft or profession.

9.2    You may withdraw an offer to enter into a contract with us through our website, or cancel a contract entered into with us through our website, at any time within the period:

(a)    beginning upon the submission of your offer; and

(b)    ending at the end of 14 days after the day on which the contract is entered into,

subject to Section 9.3. You do not have to give any reason for your withdrawal or cancellation.

9.3    You agree that we may begin the provision of services before the expiry of the period referred to in Section 9.2, and you acknowledge that, if we do begin the provision of services before the end of that period, then:

(a)    if the services are fully performed, you will lose the right to cancel referred to in Section 9.2;

(b)    if the services are partially performed at the time of cancellation, you must pay to us an amount proportional to the services supplied or we may deduct such amount from any refund due to you in accordance with this Section 9.

9.4    In order to withdraw an offer to contract or cancel a contract on the basis described in this Section 9, you must inform us of your decision to withdraw or cancel (as the case may be). You may inform us by means of any clear statement setting out the decision. In the case of cancellation, you may inform us using the cancellation form that we will make available to you. To meet the cancellation deadline, it is sufficient for you to send your communication concerning the exercise of the right to cancel before the cancellation period has expired.

9.5    If you withdraw an offer to contract, or cancel a contract, on the basis described in this Section 9, you will receive a full refund of any amount you paid to us in respect of the offer or contract, except as specified in this Section 9.

9.6    We will refund money using the same method used to make the payment, unless you have expressly agreed otherwise. In any case, you will not incur any fees as a result of the refund.

9.7    We will process the refund due to you as a result of a cancellation on the basis described in this Section 9 without undue delay and, in any case, within the period of 14 days after the day on which we are informed of the cancellation.

10.    Limited warranties

10.1  To the maximum extent permitted by applicable law and subject to Section 11.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, our website and the use of our website.

11.    Limitations and exclusions of liability

11.1  Nothing in these terms and conditions will:

(a)    limit or exclude any liability for death or personal injury resulting from negligence;

(b)    limit or exclude any liability for fraud or fraudulent misrepresentation;

(c)    limit any liabilities in any way that is not permitted under applicable law; or

(d)    exclude any liabilities that may not be excluded under applicable law, and, if you are a consumer, your statutory rights will not be excluded or limited by these terms and conditions, except to the extent permitted by law.

11.2  The limitations and exclusions of liability set out in this Section 11 and elsewhere in these terms and conditions:

(a)    are subject to Section 11.1; and

(b)    govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.

11.3  We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.

11.4  We will not be liable to you in respect of any loss or corruption of any data, database or software, providing that if you contract with us under these terms and conditions as a consumer, this Section 11.4 shall not apply.

12.    Breaches of these terms and conditions

12.1  Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may:

(a)    send you one or more formal warnings;

(b)    temporarily suspend your access to our website;

(c)    permanently prohibit you from accessing our website;

(d)    block computers using your IP address from accessing our website; and/or

(e)    commence legal action against you, whether for breach of contract or otherwise.

13.    Third party websites

13.1  Our website includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.

13.2  We have no control over third party websites and their contents, and subject to Section 11.1 we accept no responsibility for them or for any loss or damage that may arise from your use of them.

14.    Variation

14.1  We may revise these terms and conditions from time to time.

14.2  We will give you written notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of our website from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using our website.

14.3  If you are a consumer and you have purchased any of our website services and there subsists a contract under these terms and conditions in respect of those website services, we will ask for your express agreement to any revision of that contract. We may make such revisions only for the purposes of reflecting changes to applicable law, the technology we use to provide the services and/or our internal business processes.  We will give you at least 30 days’ prior written notice of any revision. If you do not give your express agreement to the revised terms and conditions within that period, the contract between us shall be automatically terminated and you will be entitled to a refund of any amounts paid to us in respect of website services that were to be provided by us to you after the date of such termination.

15.    Assignment

15.1  You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions – providing, if you are a consumer, that such action does not serve to reduce the guarantees benefiting you under these terms and conditions.

15.2  You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.

16.    Severability

16.1  If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.

16.2  If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.

17.    Third party rights

17.1  A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.

17.2  The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.

18.    Entire agreement

18.1  Subject to Section 11.1, these terms and conditions, together with our privacy and cookies policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.

19.    Law and jurisdiction

19.1  These terms and conditions shall be governed by and construed in accordance with English law.

19.2  Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England.

20.    Statutory and regulatory disclosures

20.1  We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.

20.2  These terms and conditions are available in the English language only.

20.3  Our VAT number is GB128052631.

21.    Our details

21.1  This website is owned and operated by The Searchologist Limited.

21.2  We are registered in England and Wales under registration number 7053927, and our registered office is at c/- Dyer & Co. 112 Main Rd, Sidcup DA14 6NE United Kingdom.

21.3  Our principal place of business is at 98 Lee Rd London SE3 9DE United Kingdom.

21.4  You can contact us:

(a)    by telephone, on +447917880711; or

(b)    by email, using katrina@thesearchologist.com.