These terms and conditions form a legally binding agreement between graduatewise.com (or Graduatewise, the service provider) and the website visitor or registered member (client).
Graduatewise is a brand under Kape Strategy Ltd. And a registered company in the UK at Companies House.
The following terms apply to all clients in any circumstances.
1 Acceptable use of the service
It constitutes a breach of contract by the client and may result in immediate suspension from the service without notice, if a profile or any message:
- contains sexually suggestive language;
- contains offensive, potentially offensive, threatening or abusive remarks, or remarks which are in any way unfriendly, even if these are in response to unfriendly language or behaviour;
- contains a reference to an illegal practice such as drug-taking;
- contains potentially libellous or unlawful remarks;
- contains dishonest statements;
- contains pointers to an external website or e-mail address or phone number or other personally identifiable information;
- is written in CAPITAL LETTERS;
- makes incorrect or negative comments about Graduatewise staff or service, or which may discourage other members from using the service;
2.1 Member Profile Types
"Candidate" is someone who is looking for a job using Graduatewise's job board. Our service is free for all Candidates using the website and premium plans are available for candidates willing to increase their profile exposure.
"Direct Employer" is an Employer or a company who uses Graduatewise to recruit candidates for their own business. Graduatewise service is free for all Direct Employers using the website under certain limitations.
"Recruitment Agency" is a business that uses Graduatewise to find candidates for a third-party company. Recruitment Agencies will require to upgrade to Graduatewise to subscribe to an existing premium package to post jobs.
2.2 Other Definitions
"Content" means the information, photographs, graphics, and other material on the website.
"Installation" means all of the computer hardware and software and any other machinery and equipment operated in conjunction with it and used by us to provide the Services.
"Post" means display, exhibit, publish, distribute, transmit and/or disclose information, details and/or other material on the website, and the phrases "Posted" and "Posting" shall be interpreted accordingly;
"Services" means all or any service provided by Graduatewise through the website or offline.
"Website" means Graduatewise website, and includes all web pages controlled by Kape Strategy Ltd.
"User" means any person who uses the Services or visits the website for any purpose (visitor or registered member).
"We", "us", etc. means Graduatewise. Where the context permits it also includes any business company or individual who shares an interest in the sale of any goods or service promoted on the website. Without limitation, it includes any subsidiary or associated company or brands of Kape Strategy Ltd., together with any licensor, affiliate, or network partner.
"You", "yours", etc. means the user, and/or a person who visits the site or registers an account.
3 Changes to terms
We may change these terms from time to time. The terms that apply to the Client are those posted here on our website on the day the client uses the website. When you subscribe as a Member, the terms that apply are those posted here on the day the client register. We recommend clients to print a copy now with a date stamp.
4 Acceptable use policy
The client agrees not to:
4.1 open more than one account;
4.2 allow another person to use your account, or transfer your account to another person;
4.3 divulge your password to another person;
4.4 send multiple messages containing the same or similar wording to many different members;
4.5 use or allow anyone else to use the website to post or otherwise publish:
4.5.1 copyright works;
4.5.2 commercial audio, video or music files;
4.5.3 any material which violates the law of any established jurisdiction;
4.5.4 unlicensed software;
4.5.5 software which assists in or promotes: emulators, phreaking, hacking, password cracking, IP spoofing;
4.5.6 links to any of the material specified in this paragraph;
4.5.7 pornographic material;
4.5.8 any material promoting discrimination or animosity to any person on grounds of gender, race or colour.
4.6 use the Services for spamming.
4.7 use the Services in a manner which violates any city, local, national or international law or regulation, or which fails to comply with accepted Internet protocol. You will not attempt to interfere in any way with our networks or network security, or attempt to use the Services to gain unauthorised access to any other computer system.
4.8 resell, rent, lease or make commercial use of the Services without our express written consent.
4.9 save / update / refresh job adverts with the sole purpose of increasing visibility, and without making any considerable changes on its content.
4.10 Universities, recruitment agencies and other organisations posting on behalf of a client, must upgrade to a premium plan in order to use Graduatewise services.
4.11 Graduatewise reserves the right to remove all "remote / home based / work from home" vacancies. As a company, you should understand that an internship aims to provide mentoring, training & development, and career progression.
4.12 Graduatewise reserves the right to remove any links (e.g. external application pages) or email addresses from the job adverts. The aim is for communication to happen using Graduatewise internal messaging system
4.13 Graduatewise reserves the right to remove or cancel accounts from direct competitors in the recruitment industry.
5 Client information, profile and photographs
5.1 The Client agrees that have provided, and will continue to provide accurate, up to date, and complete information about themselves.
5.2 When Client enters information as a profile or upload a photograph, the Client grants an irrevocable licence to use that material. Accordingly, we may display all or part of profile and photograph on authorised partner websites at any time.
5.3 Graduatewise does not alter profiles which have been accepted for display and accordingly, Graduatewise makes no guarantee as to the truth or accuracy of the information contained in the profiles.
5.4 Graduatewise may remove the Client profile at any time without giving a reason.
5.5 Graduatewise may display all or part of the Client profile including photograph on the home page or elsewhere in the website at any time.
5.6 Graduatewise reserves the right to crop and enhance photographs submitted/uploaded to ensure they are of the highest quality and compatible with our guidelines. If the Client sends a photo, he/she grants us permission to display the photo on this and authorised partner websites, and in press and publicity materials produced by Graduatewise and by authorised partner websites. Photos sent Graduatewise are in the public domain and therefore can become accessible through links on other websites, such as search engines and directories even when not directly authorised Graduatewise. We are not responsible for such publications.
5.7 Messages sent through or to the service may be read by Graduatewise moderation team to check that the service is not being abused. If Graduatewise finds messages from the Client which we consider an abuse of the service, we may suspend or delete your account.
5.9 If you have a complaint against Graduatewise or a member, the Client must use our contact form and send the relevant details about stating all the facts to support the complaint.
6 Content and Intellectual Property Rights
6.1 Title, ownership rights, and intellectual property rights in the Content whether provided by Graduatewise or by any other content provider shall remain the sole property of Graduatewise and/or the other content provider.
6.2 The Client may not copy, modify, publish, transmit, transfer or sell, reproduce, create derivative works from, distribute, perform, display, or in any way exploit any of the Content, in whole or in part, except as is expressly permitted in this agreement.
6.3 The Client may download or copy the Content only for own personal use, provided that the Client maintains all copyright and other notices contained in such Content. The Client may not store electronically any significant portion of any Content.
7 System Security
7.1 The Client agrees that will not, and will not allow any other person to, violate or attempt to violate any aspect of the security of the Installation;
7.2 The Client agrees that will, in no way, modify, reverse engineer, disassemble, decompile, copy, or cause damage or unintended effect to any portion of the website, or any software used on the website, and that will not permit any other person to do so.
7.3 The Client understands that any such violation may be unlawful and that any contravention of law may result in criminal prosecution.
7.4 Examples of violations are:
7.4.1 accessing data unlawfully or without consent;
7.4.2 attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures;
7.4.3 attempting to interfere with service to any user, host or network, including, without limitation, via means of overloading, "flooding", "mail bombing" or "crashing".
The Client agrees to indemnify Graduatewise against any claim or demand, including reasonable lawyers' fees, made by any third party due to or arising out of the use of Graduatewise Services. The breach or violation of this Agreement by the Client, or the infringement by the Client, or by any other User of the Services using the Clients’ computer, of any intellectual property or other right of any person or entity, or as a result of any threatening, libellous, obscene, harassing or offensive material contained in any of your communications.
9 Interruption to the Service
9.1 Graduatewise will always communicate in advance for any service interruption, however if it is necessary to interrupt the Services then we may do so without telling the Client first.
9.2 The Client acknowledges that the Services may also be interrupted for reasons beyond Graduatewise control.
9.3 The Client agrees that Graduatewise are not liable for any loss whether foreseeable or not, arising as a result of interruption to the Services.
10 Our liability
10.1 The Client uses of the Services is without any warranty or guarantee.
10.2 Graduatewise or other content suppliers may make improvements or changes to the website, the content, or to any of the products and services described on the website, at any time and without notice to the Client.
10.3 The Client are advised that content may include technical inaccuracies or typographical errors.
10.4 Graduatewise gives no warranty and make no representation, express or implied, as to:
10.4.1 the truth of any information given on the website by any Associate or third party;
10.4.2 any implied warranty or condition as to merchantability or fitness for a particular purpose;
10.4.3 compliance with any law;
10.4.4 non-infringement of any right.
10.5 Much of the material provided on the website is Posted (and thereby published) by Users. We are under no obligation to monitor, vet, check or approve any such material. We disclaim all responsibility for information published on the website by any person.
10.6 The website contains links to other Internet websites. We have neither power nor control over any such website. The Client acknowledges and agree that Graduatewise shall not be liable in any way for the content of any such linked web site, nor for any loss or damage arising from the Client use of any such website.
10.7 In no event shall Graduatewise or our content suppliers be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, loss of data or loss of revenues or profits, whether in an action of contract, negligence or otherwise, arising out of or in connection with the use of the website or the content available from this website.
10.8 These disclaimers form an essential part of this agreement. Each sub paragraph in this agreement is independent and severable from each other paragraph and enforceable accordingly. If any restriction is unenforceable for any reason but would be enforceable if part of the wording were deleted, it will apply with such minimal deletions as may be necessary to make it valid and enforceable.
11 Storage of Data
We assume no responsibility for the deletion or failure to store, deliver or timely deliver messages.
We reserve the right to modify the Services and to change the terms and conditions of this agreement at any time, without notice. The Client continued use of the Services after such modifications shall be deemed an acceptance to be bound by the terms of the modified agreement.
13.1 You may terminate this Agreement at any time, for any reason, with immediate effect. You may terminate the agreement online by “Cancelling your account” or by sending an email using the Contact form. We reserve the right to check the validity of any request to terminate membership
13.2 We may terminate this Agreement at any time, for any reason, with immediate effect.
13.3 If the Client terminates, Graduatewise shall be under no liability to the Client whatsoever, and the Client hereby releases Graduatewise from any such liability.
13.4 Termination by either party shall have the following effects:
13.4.1 The Client right to use the Services immediately ceases;
13.4.2 Graduatewise are under no obligation to forward any unread or unsent messages to the Client or any third party;
13.4.3 If the Client has a premium plan active by the time the account is cancelled, it is the Client duty and responsibility to cancel the direct debit with the payment entity (bank or paypal or other payment gateway used). Graduatewise is under no obligation to refund the collected amount even after the account has been cancelled;
If any of these terms is at any time held by any jurisdiction to be void, invalid or unenforceable, then it shall be treated as changed or reduced, only to the extent minimally necessary to bring it within the laws of that jurisdiction and to prevent it from being void and it shall be binding in that changed or reduced form. Subject to that, each provision shall be interpreted as severable and shall not in any way affect any other of these terms.
15 Action Limit
The Client and Graduatewise agree that any cause of action arising out of or related to the Services must commence within one year after the cause of action arose; otherwise, such cause of action is permanently barred.
16 Force majeure
16.1 Neither party shall be liable for any breach of its obligations resulting from causes beyond its reasonable control including strikes of its own employees.
16.2 Each of the parties agrees to give notice immediately to the other upon becoming aware of an event of force majeure such notice to contain details of the circumstances giving rise to it.
16.3 If a default due to force majeure shall continue for more than 4 weeks then the party not in default shall be entitled to terminate this agreement. Neither party shall have any liability to the other in respect of the termination of this agreement as a result of force majeure.
17 No Waiver
No waiver by Graduatewise, in exercising any right shall operate as a waiver of any other right or of that same right at a future time; nor shall any delay in exercise of any power or right be interpreted as a waiver.
18 Dispute Resolution
In the event of a dispute arising out of or in connection with these terms or any contract between the Client and Graduatewise, then the Client agrees to attempt to settle the dispute by engaging in good faith with Graduatewise in a process of mediation before commencing arbitration or litigation.
19 Governing Law
This Agreement shall be governed by and construed in accordance with the law of England. This agreement shall not be governed by the United Nations Convention on Contracts for the International Sale of Goods, the application of which is hereby expressly excluded.
20 Changes to These Terms