Welcome to Recruitment Genius. These terms explain how our service works and how we will support your search for new employment.
We are Recruitment Genius (part of Wavia Ltd) (“Recruitment Genius“) of Kingston Smith, Devonshire House, 60 Goswell Rd, London EC1M 7AD, with company number 10042039 and “We“, “Our” and similar words refer to Recruitment Genius. Recruitment Genius, for the purposes of this agreement, includes any holding company, subsidiary, or subsidiary of a holding company (as defined by s.1159 Companies Act 2006) of Recruitment Genius.
You are an individual who is registering on Our Website as an applicant and “You“, “Your” and similar words refer to you.
OUR ROLE IS TO ACT AS A CONDUIT BETWEEN APPLICANTS AND EMPLOYERS. WE RELY ON BOTH APPLICANTS AND EMPLOYERS ACTING TRUTHFULLY AND COMPLYING WITH LAW. WE ARE NOT RESPONSIBLE:
- TO EMPLOYERS FOR HOW YOU USE OUR SERVICES; OR
- TO YOU FOR HOW EMPLOYERS USE OUR SERVICES.
PLEASE NOTE THAT YOUR CURRENT EMPLOYER MAY BE A USER OF OUR SERVICES AND MAY THEREFORE BECOME AWARE OF YOUR JOB SEARCH ACTIVITIES THROUGH THE RECRUITMENT GENIUS SERVICES.
WE WILL ONLY USE YOUR PERSONAL INFORMATION (SUCH AS SHARING WITH SELECTED THIRD PARTIES) IN ACCORDANCE WITH OUR PRIVACY POLICY.
WE DO NOT CHARGE APPLICANTS FOR USING OUR SERVICES UNLESS OTHERWISE STATED.
By accepting or requesting any services or using information from Recruitment Genius You are deemed to accept these Terms of Business (the “Terms“), which apply to all dealings between us relating to the business described in the Terms and override any terms proposed by You unless We have such terms agreed in writing by a director of Recruitment Genius. Upon such acceptance, and in consideration of the mutual benefits to You and Recruitment Genius, it is agreed as follows:
1. Definitions 1.1 In this Agreement, the following definitions apply:
“Account” means the account You set up on the Website.
“Advertisement” means a notice placed by an Employer designed to attract Applications in relation to a Position. Advertisements can be on Our Website but can also be on third party websites/job boards or other media (such as magazines). Where an Advertisement is identified on the Website as ‘promoted’ or ‘Sponsored’, We may receive a commission from the Advertiser or another third party when the Advertisement is clicked.
“Application” means Your response to a job vacancy Advertisement placed by a prospective Employer.
“Employer” means a business that has placed an Advertisement.
“Intellectual Property Rights” means (without limitation) patents, trade marks, registered designs, applications for any of the foregoing, unregistered design rights, service marks, database rights, trade and business names, copyright, know-how, and any related rights.
“Loss” means any action, claims, costs, damages, demands, expenses (including legal expenses on a solicitor-Employer basis) fines, liabilities, losses or penalties.
“Position” means a job vacancy offered by an Employer (either on Our Website or through a third party job board or Advertisement).
“Resume” means the curriculum vitae or any other document which outlines the details of a Candidate’s education, training, skills and employment experience which You provide to Recruitment Genius for distribution to Employers with a view to securing a Position.
“Service” means any service that Recruitment Genius provides to You under this contract.
“Website” means the website accessible via the URL recruitmentgenius.com and includes Our job boards and applications systems.
1.2 Recruitment Genius may amend these Terms from time to time and notice of this will appear on the Recruitment Genius Website and through Your Account. Continued use of the Services after the provision of such notice will constitute acceptance of the revised Terms.
2. How the Recruitment Genius service works for You:
2.1 This diagram illustrates the steps involved in the standard recruitment services offered by Recruitment Genius. Further details, and information about other Services, are then provided in the rest of the Terms:
3. Creation of Account and use of information
3.1 Your first step is to create Your Account. This will involve You entering Your personal information and uploading Your Resume. We take Our custody of Your personal information very seriously and will only treat Your personal information in accordance with Our Privacy Policy.
3.2 During the Account opening process, You will need to provide security details including a password. You must keep the information needed to access Your Account and the Services secure and confidential, and should reset these details and notify Recruitment Genius if You believe that Your security or confidentiality may have been prejudiced. Recruitment Genius is not liable for any misuse of security information by the Employer, any User or a third party who has obtained this information.
4. The Website
4.1 The Services are provided through the Website. Recruitment Genius will use reasonable endeavours to keep the Website available but does not guarantee any particular level of availability. Recruitment Genius may change, update and enhance the Website from time to time, and there may be periods of downtime or reduced access associated with this. Recruitment Genius retains all rights (including Intellectual Property Rights) in the Website and the Services. You must not infringe our, or any other person’s Intellectual Property Rights.
4.2 The Website is an IT system that offers various types of functionality. It is Your responsibility to ensure that You have the technological capability to access the features of the Website. For example, certain functionality will also require that You have access to particular technological capabilities (such as webcams or sufficient broadband or email capacity) and if You do not have this, You will not be able to use the relevant parts of the Website. In addition, the Website places certain limitations on the way in which it can be used (for example in relation to file size and format). Recruitment Genius is not liable if either You or the Employer do not have the capability to access or use all or any part(s) of the Website, provide inaccurate information (including inaccurate contact details), or do not follow other technical guidelines.
4.3 Recruitment Genius takes reasonable steps to protect its systems, including the Website, against attacks and malware but cannot guarantee that You will not be affected by viruses or other harmful or malicious code as a result of accessing or downloading from the Website. If You are affected however, please let us know. You will need to keep reasonable and up to date security software on Your own computer or other device.
4.4 You must ensure that You do not damage the Website, including through any viruses, harmful code or malware, denial of service attack. Your use of the Website must be reasonable and solely for the purposes of benefiting from the Services. You may not attempt to reverse engineer or decompile the software underlying the Website or to replicate (exactly or substantively) the look and feel of the Website, including its user interface and processes. Recruitment Genius may suspend Your Account if You are in breach of these Terms. You must not use the Website to make unsolicited or inappropriate approaches, and any communications or materials you upload must be truthful, and not in any way damaging, offensive, infringing, or unlawful. Deep linking to pages on the Website is only permitted with Our express written consent.
4.5 By accepting these terms, You authorise Recruitment Genius to monitor Your use of the Website in compliance with law and Our Privacy Policy, including the content of information You provide, and to retain records of such monitoring.
5. Provision of information and communication
5.1 We will communicate with You through Your Account. You are responsible for monitoring Your Account for messages sent by Recruitment Genius and Employers. You will be deemed to have notice of communications sent to the Account. 5.2 The Website allows Recruitment Genius and Employers to communicate with You in various ways. Whenever this happens You:
5.2.1 are responsible for the content of all communications (even if Recruitment Genius has had the opportunity to review or challenge that content);
5.2.2 must ensure that all communications are courteous and respectful;
5.2.3 must comply with all applicable laws (including employment legislation and data protection legislation) and act in accordance with good practice.
5.3 We may provide You with the ability to send the Employer questions through the Website. You must only ask genuine questions about the Employer or the opportunity, not to check the progress of the Application.
5.4 You are legally liable for the information You provide, and any information provided through Your Account will be deemed to have been provided by You. Providing false or misleading information to Employers may damage Your employment prospects, and may be unlawful.
5.5 We may remove any information that You provide via the Website at Our sole discretion if We consider it appropriate to do so in the circumstances.
5.6 Recruitment Genius does not verify information provided by Employers at any stage, and is not responsible for inaccurate or misleading information provided by Employers. You are responsible for checking that the information is correct and for the suitability of the Position and the Employer. However, please do let us know if You feel that there is a problem with any of the information on Our Website, so We can investigate.
5.7 We give You the option to complete an equal opportunities monitoring form; this information can be provided to the Employer in anonymised form if requested, though We will do this only if there are sufficient numbers of people involved that the anonymisation will be effective.
5.8 You may have the option (which You do not have to accept) of making Your social media information available to the Employer. If You wish to do so, You should include accurate details of Your social media accounts. Please consider carefully whether You wish to do this, and which social media accounts You should make available.
5.9 We do not discriminate against anyone applying for Positions through the Website. Whilst We are not responsible for the actions of Employers, We do try to ensure that Employers do not discriminate on the grounds of race, disability, gender, age, sexuality, religion or other illegal grounds. If You are concerned about any Advertisement, please let us know.
5.10 We may also offer an email notification service, which You can sign up to on Our Website. Signing up to the email notification service means We may send You emails regarding Advertisements on the Website or via selected Third Parties. The use of Your data for these emails is detailed more fully in the Privacy Policy.
5.11 We may use selected Third Parties to assist us in providing the Services, including processing messages on Our behalf.
6. Applications
6.1 Your Application may have been made directly via the Website or via third party systems (in which case Recruitment Genius is dependent on the quality of those third party systems).
6.2 Please note: the Website is not able to access covering letters or paper based applications. We will format Your Application into a common format – whilst the conversion process is not always perfect in its presentation, actual content will not be affected – and will score it for suitability using Our proprietary technologies. This is intended to assist the Employer, but the Employer will still use its own judgement in assessing Your application.
7. Personality assessments
7.1 We may invite You to take a personality assessment to determine suitability for certain roles. These assessments are provided by a third party.
7.2 We recommend that You complete the assessment, however the results only form a part of the complete evaluation, and other factors are also taken into account in assessing Your Application.
7.3 Your answers to the assessment must be truthful and unbiased. You should not attempt to provide answers which You assume will provide a more favourable result. 7.4 All results of the assessment are confidential, and are only shared with the Employer.
7.5 All results will be added anonymously to an aggregated database used to compute averages and other statistics. The contents of this database are used for research purposes only, and are not shared with any third party for any other purpose.
8. Further steps and other options
8.1 The Employer may ask You to answer filter questions and You should do so as clearly, quickly and accurately as possible.
8.2 The Employer may also set up online video interviews. The Employer is free to set these interviews up as it wishes, and so the questions and the format of these video interviews are the Employer’s responsibility.
8.3 We provide guides to assist You with Your job search. These may be downloaded from the Website. These guides are not intended to be, and should not be relied on, as professional or legal advice, and You should verify independently any statements made in them and rely on Your own judgement in adopting any suggestions or ideas in them. We do not assume any liability in relation to the information in such guides.
8.4 We do not act as an employment agency. If the Employer offers You a position, Your employment contract will be between You and the Employer, and You are responsible for checking that You are happy with the terms offered by the Employer.
9. Job References
9.1 To support Your Application, You may decide to supplement it with one or more references (each a “Reference“) from one or more past employers or other suitable persons (each a “Referee“).
9.2 You agree that:
9.2.1 You have obtained all necessary permissions from each Referee to allow Us to contact them for the purpose of providing a Reference, and that you shall be liable for any losses suffered by us as a result of failure to obtain such consent;
9.2.2 We have your consent to contact the Referee to obtain a Reference;
9.2.3 We may provide Your Reference to potential Employers;
9.2.4 it is Your responsibility to select Referees that are impartial and honest, and that You shall not attempt to use a Reference from a family member or other person with a close personal connection to You.
9.2.5 You have not and will not attempt to persuade, coerce or incentivise any person in any manner in relation to the provision of a Reference;
9.2.6 We are unable to compel a Referee to provide a Reference.
9.3 You accept that Recruitment Genius is a mere conduit and does not verify information provided by Referees at any stage, and is not responsible for inaccurate or misleading information provided by Referees.
9.4 You accept that the Employer is solely responsible for any recruitment decisions made about Applicants, including any decisions made upon reliance on a Reference. Where an Employer relies on a Reference in order to make a recruitment decision, You agree that it does so in accordance with its own judgement and that Recruitment Genius cannot be held responsible for any consequence of this.
9.5 If You have indicated that You want to provide a Reference We may contact the Referee immediately. It is Your responsibility to ensure that You do not provide Us with the contact details of any current employer (unless you are happy to do so), as this will cause us to notify your current employer that You are looking for a new job. You agree that We cannot be held responsible for any consequence of this.
9.6 You agree that any liability for loss or damage arising from the provision of a Reference (including but not limited to the loss of revenue or profit, the loss of opportunity, the loss of reputation or the loss of employment) falls to be decided between You and the Referee and that Recruitment Genius shall have no liability whatsoever in relation to such loss.
10. Further Positions and Our database
10.1 Your Application and Resume are accessible only to You (through Your password-protected Account, and will be passed only to the Employer in question). We are happy to retain Your details in Our database and contact You about further Positions that We deem appropriate or allow Your details to appear to other prospective Employers who conduct searches. Note that Your current Employer may find Your details through these searches, and We cannot be held responsible for any consequences of this.
10.2 You will be asked during the registration process if You wish to opt in to this service. If so, You may wish to use a personal (non-work) email address. If You opted-in to this service, please let us know if You no longer want to receive the service, or when You are no longer looking for work. Please note this works through an automated search process and it is possible that not all communications will be relevant to Your job search.
11. Confidentiality
11.1 We take seriously the confidentiality of the information You provide, and will treat it as set out in Our Privacy Policy.
11.2 You shall keep confidential any information:
11.2.1 about Recruitment Genius and its Services (unless it is already in the public domain);
11.2.2 about any Employer, its Positions or recruitment processes (though this shall not prevent You from seeking legal advice or taking legal action necessary to enforce Your rights at law).
12. Termination
12.1 We may terminate this agreement at Our sole discretion if:
12.1.1 after providing You with written notice of breach of these Terms, such breaches are not rectified within 5 working days where they are capable of remedy, or at once for very serious breaches or breaches which cannot be remedied; or
12.1.2 You are using the Service for any improper use, creating a service or product competing with Recruitment Genius, exceeding reasonable requests, or are acting in such a way as to damage, or with the intention of damaging, the reputation of Recruitment Genius.
12.2 You may terminate this agreement (and cease to use Our Services) by notifying us in writing at any time – We will then close Your Account.
13. Liability
13.1 Our total aggregate liability to You for any Loss arising out of or in connection with the Website or the Services performed by Recruitment Genius shall not exceed eight thousand pounds sterling (£8,000), whether such Loss arises in contract, tort (including negligence), or in any other way.
13.2 In no event shall We be liable for any indirect Loss, regardless of whether such Losses are foreseeable and whether or not caused by Our negligence arising out of or in connection with the use of the Service.
13.3 We are not liable for any:
13.3.1 loss of revenue or profit;
13.3.2 loss of opportunity; 13.3.3 loss of employment;
13.3.4 loss of reputation; or
13.3.5 loss or corruption of data, in each case whether direct or indirect.
13.4 Nothing in these Terms shall have effect so as to limit or exclude Our liability for loss or damage arising out of personal injury or death or acts of fraud (including fraudulent misrepresentation), or any other Loss which cannot be limited or excluded in law.
13.5 Recruitment Genius is not acting as agent for the Employer.
14. Entire Agreement and general provisions
14.1 These Terms contains the entire and only agreement between the parties and supersedes all previous agreements between the parties respecting the subject matter of this agreement. No terms shall be implied into these Terms by operation of law or statute, or otherwise, except to the extent such terms cannot be excluded.
14.2 Each party acknowledges and agrees that in entering into the agreement formed by these Terms it has not relied on, and shall have no remedy in respect of, any statement, representation, undertaking or warranty, whether oral or in writing, save as are expressly set out in this agreement. Neither party shall be liable in misrepresentation (subject to Clause 12.4 above).
14.3 Each party acknowledges and agrees that the only remedy available to it for breach of this agreement shall be for breach of contract under the terms of this agreement.
14.4 No changes can be made to these Terms or to the contract between You and Recruitment Genius without written consent by a director of Recruitment Genius.
14.5 For the purpose of the Contracts (Rights of Third Parties) Act 1999, this agreement does not and is not intended to give any rights, or any right to enforce any of its provisions, to any person who is not a party to it.
15. Governing Law and Jurisdiction
15.1 The laws of England and Wales govern this agreement and all non contractual obligations arising out of it. The parties submit to the exclusive jurisdiction of the English Courts.