FINCRIME CONSULTANTS CANDIDATE TERMS AND CONDITIONS
1. Definitions and Interpretation
1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
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“Account(s)”
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means an account required for a Candidate to access and/or use certain areas of the Website including the Services;
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“Candidate(s)”
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means any person being an individual who is a work seeker using the Services for the purposes of finding a temporary or permanent full time employment position;
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“Candidate Content”
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means any text, graphics, images, audio, video, software, data compilations and any other form of information that is supplied by a Candidate as part of the Services;
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“Client(s)”
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means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced with a view to the Client employing the Candidate; and
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“Profile(s)”
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means a profile on FinCrime Consultants’ Website which profile will contain the Candidate information narrated in Clause 4.
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“Services”
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means the employment services provided by FinCrime Consultants to the Candidate as set out in these Terms and Conditions.
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“FinCrime Consultants”
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means HUNT & CLARK SOLUTIONS LIMITED a company registered in Scotland under number SC788730 whose registered office is at 272 Bath Street, Glasgow, Scotland, G2 4JR, T/A FinCrime Consultants;
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“Website”
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means FinCrime Consultants’ website www.fincrimeconsultants.co.uk. or such other URL.
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1.2 Unless the context otherwise requires, each reference in these Terms and Conditions to:
1.2.1 “writing”, and any cognate expression, includes a reference to any communication effected by electronic transmission or similar means;
1.2.2 a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;
1.2.3 “these Terms and Conditions” is a reference to these Terms and Conditions and any Schedule as amended or supplemented at the relevant time;
1.2.4 a Schedule is a schedule to these Terms and Conditions;
1.2.5 a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedule) or a paragraph of the relevant Schedule and
1.2.6 a "Party" or the "Parties" refer to the parties to these Terms and Conditions.
1.3 The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.
1.4 Words imparting the singular number shall include the plural and vice versa.
1.5 References to any gender shall include any other gender.
2. The Contract
2.1 Any and all business entered into by FinCrime Consultants is subject to these Terms and Conditions and the Candidate Privacy Policy and in the event of any conflict with any other Terms and Conditions and the Candidate Privacy Policy these terms shall prevail unless agreed otherwise in writing by a Director of FinCrime Consultants.
2.2 The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions and the Candidate Privacy Policy upon their submission of any information or data to FinCrime Consultants.
2.3 These Terms and Conditions together with the Privacy Policy contain the entire agreement (the “Agreement”) between FinCrime Consultants and the Candidate and supersede all previous terms of business, agreement and arrangements.
2.4 Accordingly, a contract on these Terms and Conditions shall be deemed to come into existence between FinCrime Consultants and the Candidate by clicking to accept them and the Agreement shall be deemed to come into existence at that time.
2.1 FinCrime Consultants recommends that the Candidate prints a copy of these Terms and Conditions for future reference.
2.2 FinCrime Consultants may update the Agreement from time to time for legal or regulatory reasons. FinCrime Consultants shall make reasonable efforts to notify Clients and the Candidate of the occurrence and the details of any such changes.
3. The Services
3.1 The Candidate must be at least 18 years of age and must be a permanent resident in the United Kingdom to use the Services.
3.2 FinCrime Consultants shall provide its services to the Candidate as an employment agency and at no cost to the Candidate. FinCrime Consultants is engaged and paid by its Clients to offer prospective Candidates for their vacancies.
3.3 The Candidate shall have the facility to provide information and complete a questionnaire to create a Profile with a view to Clients reviewing a Candidate’s Profile and offering an interview for a suitable vacancy. Candidates can accept interview offers and vacancies that it so chooses.
3.4 When completing their Profile, and providing any information to FinCrime Consultants, the Candidate shall ensure that the information provided and or uploaded to the Website is, to the best of their knowledge, true, accurate, complete and up-to-date and the Candidate confirms it has the authority and entitlement to provide any such information to FinCrime Consultants.
3.5 Upon a Candidate’s completion of their Profile, FinCrime Consultants may contact the Candidate via telephone confirm certain information the Candidate has supplied. By accepting these Terms and Conditions the Candidate hereby agrees to FinCrime Consultants contacting the Candidate for these purposes. For more information on how we use a Candidate’s information please see Clause 5.
3.6 Whilst FinCrime Consultants requires its Clients to ensure that all information that the Client provides to it is complete, accurate and up-to-date, FinCrime Consultants does not undertake or guarantee that the vacancy information, interview information and other information made available to the Candidate will be complete, accurate or up-to-date.
3.7 Clients in the first instance will only be able to review an anonymised version of a Candidate’s Profile. A Candidate’s name, email address, gender, employer, contact number and address will not be disclosed to a Client. Only upon a Client selecting a Candidate for an interview for a vacancy will the aforementioned anonymised information be made available to a Client. For more information on how we use a Candidate’s information please see please see Clause 5.
3.8 If a Client wishes to interview a Candidate, FinCrime Consultants shall contact the Candidate via telephone or email to confirm the Candidate’s availability and shall correspond with the Candidate and the Client to schedule and confirm the date, time and venue of the interview between the Candidate and the Client. If a Candidate or Client is unable/ no longer wishes to attend a scheduled interview they must give not less than 24 hours’ notice to FinCrime Consultants to allow FinCrime Consultants to notify the Candidate or Client as applicable and where required reschedule the interview with the Client and the Candidate. FinCrime Consultants shall not be liable (save to extent that such liability has resulted directly from a material breach of FinCrime Consultants’ obligations in terms of this Agreement) for any cancellation of an interview by either the Client or the Candidate or any failure by the Candidate or the Client to attend or any late attendance of a scheduled interview by a Candidate or Client if notice is not given timeously in terms of this sub-Clause 3.8. FinCrime Consultants does not guarantee the availability of the Client or that any interview will be rescheduled.
3.9 The Candidate hereby acknowledges and understands that FinCrime Consultants may have involvement in the Client interview process but that this is purely in advisory capacity and it and has no direct involvement in any Client’s ultimate decision to engage a Candidate in employment. To the extent legally permitted FinCrime Consultants shall in no way be liable to the Candidate for a Client’s decision not to engage a Candidate in employment.
3.10 FinCrime Consultants does not undertake or guarantee that any such interviews or vacancies will be available or that it shall inform the Candidate of any available vacancies.
3.11 It shall be the responsibility of the Candidate to ensure they have all necessary permissions and consents to access and attend the interview venue in terms of sub-Clause 3.8 above and have complied with any requirements of the Client relative to the interview.
3.12 When accepting a vacancy, the Candidate must ensure that they:
3.12.1 have read the complete details of the vacancy;
3.12.2 understand the requirements of the vacancy;
3.12.3 meet the requirements of the vacancy;
3.12.4 possess any requisite qualifications required by the vacancy; and
3.12.5 have obtained or applied for any relevant permits or authorisations required for the vacancy.
3.13 FinCrime Consultants shall not be liable (save to extent that such liability has resulted directly from a material breach of FinCrime Consultants’ obligations in terms of this Agreement) for removal, decline, cancellation or otherwise of a Client’s vacancy or any offer of interview for a vacancy.
3.14 Any contract the Candidate has with a Client will be between the Candidate and that Client. FinCrime Consultants shall have no liability whatsoever to the Candidate with regard to any contract between the Candidate and a Client. It is the Candidate’s responsibility to comply with the terms of each Client’s contract. Failure to comply with a Client’s contract may have financial and other consequences for a Candidate.
3.15 Any dispute between a Candidate and a Client will be determined in accordance with the contract between the Candidate and the Client or in accordance with Client’s dispute resolution provisions or via the civil courts. FinCrime Consultants shall not be involved in any such dispute.
3.16 Introducing a Candidate to a Client does not mean that FinCrime Consultants makes any recommendation or endorsement of any particular Client or their products or services. FinCrime Consultants provides no warranty as to the quality or standard of any Client’s products or services and no guarantee is made by FinCrime Consultants that such products or services will be fit for purpose.
3.17 The Candidate hereby indemnifies FinCrime Consultants and holds FinCrime Consultants harmless against any claim, action, loss or demand incurred by FinCrime Consultants arising from the Candidate entering into a contract or contracts with a Client.
3.18 The Candidate must carefully check any employment contract and any offer letter they receive from the Client. The Candidate acknowledges and agrees that the terms and conditions contained in those documents will constitute their terms of employment, that those documents take precedence over other communications regarding their offer of employment, and that it is the Candidate’s sole responsibility to raise any queries or discrepancies with the Client before accepting any employment contract / offer letter.
4. Candidate Information
4.1 In order to use the Services, the Candidate must provide details and information which shall include, but not be limited to:
4.1.1 their identity;
4.1.2 contact information;
4.1.3 date of birth;
4.1.4 qualifications (including, but not limited to, any required by law or any relevant professional body);
4.1.5 any necessary authorisations and permits;
4.1.6 training, experience and employment history;
4.1.7 references;
4.1.8 the Candidate’s confirmation that they are legally entitled to work in the location and vacant position to be filled, and, where required by FinCrime Consultants, evidence of all the foregoing matters.
FinCrime Consultants requires such details in order to create a Profile for the Candidate required to match the Candidate with the appropriate Clients and vacancies.
4.2 In the event that the information submitted to FinCrime Consultants by the Candidate becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to FinCrime Consultants as soon as is reasonably possible.
4.3 Where any of the information submitted to FinCrime Consultants by the Candidate contains details which could be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to FinCrime Consultants prior to the Candidate submitting the information to FinCrime Consultants.
5. How FinCrime Consultants Use Candidate’s Personal Data (Data Protection)
5.1 All personal data that FinCrime Consultants use will be collected, processed, and held in accordance with the provisions of Data Protection Legislation and the Candidate’s rights thereunder.
“Data Protection Legislation” means all applicable legislation in force from time to time in the United Kingdom applicable to data protection and privacy including, but not limited to, the UK GDPR; the Data Protection Act 2018 (and regulations made thereunder); The EU Regulation 2016/679 General Data Protection Regulation (where applicable to the storage, retention and processing of EU member’s personal data) and the Privacy and Electronic Communications Regulations 2003 as amended.
“personal data” means personal data as defined in the Data Protection Legislation.
5.2 For complete details of FinCrime Consultants’ 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 the Candidate’s rights and how to exercise them, and personal data sharing (where applicable), please refer to FinCrime Consultants’ Candidate Privacy Policy available from here.
5.3 Declaring for the avoidance of doubt that FinCrime Consultants shall not in the course of providing the Services request any “Special Category Personal Data” or “Criminal Offence Personal Data” both defined in terms of the Data Protection Legislation. The Candidate hereby agrees not submit or upload any ‘Special Category Personal Data’ or ‘Criminal Offence Personal Data’ FinCrime Consultants shall not be responsible for any request made by a Client to a Candidate for any Special Category Data or Criminal Offence Personal Data.
6. Acceptable Usage
6.1 When using any Services the Candidate should do so in accordance with the following rules:
6.1.1 the Candidate must not use obscene or vulgar language;
6.1.2 the Candidate must not make multiple Accounts or Profiles;
6.1.3 the Candidate must not submit Candidate Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Candidate Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;
6.1.4 the Candidate must not submit Candidate Content that is intended to promote or incite violence;
6.1.5 submissions made to FinCrime Consultants and the Client must be made using the English language(s). FinCrime Consultants and the Client will be unable to respond to enquiries submitted in any other languages;
6.1.6 the means by which the Candidate identifies themselves must not violate these Terms and Conditions or any applicable laws;
6.1.7 the Candidate must not impersonate other people, particularly employees and representatives of FinCrime Consultants or our affiliates; and
6.1.8 the Candidate must not submit content including Candidate Content which breaches the rights of third parties.
6.2 The Candidate acknowledges that FinCrime Consultants reserves the right to monitor any and all communications and Candidate Content submitted to FinCrime Consultants when using the Services.
6.3 The Candidate acknowledges that FinCrime Consultants may retain copies of any and all communications and Candidate Content submitted to FinCrime Consultants when using the Services.
6.4 The Candidate acknowledges that any information they send to FinCrime Consultants through the Services including Candidate Content may be modified by FinCrime Consultants in any way and shared for use by the Client and the Candidate hereby waives their moral right to be identified as the author of such information. Any restrictions the Candidate may wish to place upon FinCrime Consultants’ use of such information must be communicated to FinCrime Consultants in advance and FinCrime Consultants reserves the right to reject such terms and associated information. Declaring any such restrictions may impact/ restrict the Services.
6.5 The Candidate agrees, represents and warrants that they have the right to use the Candidate Content that they submit and that it may be used by FinCrime Consultants and its Clients as contemplated by this Agreement.
6.6 The Candidate agrees that they will be liable to FinCrime Consultants and will, to the fullest extent permissible by law, indemnify FinCrime Consultants for any breach of the warranties given by the Candidate under sub-Clause 6.1. The Candidate will be responsible for any loss or damage suffered by us as a result of such breach.
7. Accounts
7.1 Certain parts the Website (including the ability to access certain Services and creating a Profile) require an Account in order to access them.
7.2 You may not create an Account if you are under 18 years of age.
7.3 When creating an Account, the information you provide must be accurate and complete. If any of the Candidate’s information changes at a later date, it is the Candidate’s responsibility to ensure that their Account is kept up-to-date.
7.4 FinCrime Consultants recommend that a Candidate chooses a strong password for their Account, consisting of a combination of lowercase and uppercase letters, numbers, and symbols. It is the Candidate’s responsibility to keep their password safe. The Candidate must not share their Account with anyone else. If a Candidate believes their Account is being used without their permission, please contact FinCrime Consultants immediately at Info@fincrimeconsultants.co.uk. FinCrime Consultants will not be liable for any unauthorised use of a Candidate’s Account.
7.5 A Candidate’s must not use anyone else’s Account.
7.6 Any personal information provided in a Candidate’s Account will be collected, used, and held in accordance with your rights and FinCrime Consultants’ obligations under the law, as set out in Clause 5.
7.7 If a Candidate wishes to close their Account, they may do so at any time. Closing an Account will result in the removal of the Candidate’s information. Closing an Account will also remove access to any areas of the Website requiring an Account for access.
If a Candidate closes their Account, any Candidate Content a Candidate has created on the Website will be deleted.
8. Liability
8.1 FinCrime Consultants shall not be liable to the Candidate for any of the following:
8.1.1 The loss of any information, data, or other materials submitted by the Candidate;
8.1.2 Any errors or inaccuracies present in the information presented to the Candidate including, but not limited to, vacancy advertisements;
8.1.3 The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of FinCrime Consultants, its employees or agents, or any other cause;
8.1.4 Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
8.1.5 Any loss or damage of any kind, howsoever caused arising out of any material submitted to FinCrime Consultants by the Candidate.
8.2 The Candidate hereby acknowledges and agrees that FinCrime Consultants provides no guarantee that by using the Services a Candidate will achieve any specific results including but not limited to obtaining a vacancy interview from a Client, securing a job or improving a Candidate’s financial situation.
8.3 If FinCrime Consultants is in breach of these Terms and Conditions, it shall only be responsible for any losses to the extent that they are foreseeable to both the Candidate and FinCrime Consultants as a consequence of such breach. FinCrime Consultants shall be liable to the Candidate for any indirect loss or consequential loss arising out of or in connection with this Agreement.
8.4 Notwithstanding, sub-Clause 8.2, FinCrime Consultants shall not in any event be liable for any business losses such as lost data, lost profits or business interruption.
8.4 Nothing in these Terms and Conditions shall exclude or otherwise restrict FinCrime Consultants’ liability either for death or personal injury arising out of its own negligence or for fraud. For full details of consumers’ legal rights, including those relating to digital content, the Candidate should contact their local Citizens’ Advice Bureau or Trading Standards Office.
8.5 FinCrime Consultants exercises all reasonable skill and care to ensure that the Website and Services are free from viruses and other malware. FinCrime Consultants accepts no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect the Candidate’s hardware, software, data or other material that occurs as a result of the Candidate’s use of the Website (including the downloading of any content from it) or any other site or Services referred to on the Website.
8.6 FinCrime Consultants’ Website may contain links to other sites. Unless expressly stated, these sites are not under the control of FinCrime Consultants or that of its affiliates. FinCrime Consultants assumes no responsibility for the content of such websites and disclaims liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on the Website does not imply any endorsement of the sites themselves or of those in control of them.
8.7 FinCrime Consultants’ liability under this Agreement (except where provided otherwise in the Agreement to a lesser extent and insofar is permitted by law) shall be limited to the of £100,000 (for anyone event or series of related events). For the avoidance of doubt, this limitation of liability shall apply to a breach by FinCrime Consultants of the Privacy Legislation. This Clause shall not exclude or limit liability for death or personal injury caused by negligence, fraud, or misrepresentation by FinCrime Consultants.
9. Indemnity
The Candidate shall indemnify FinCrime Consultants against any costs, liability, damages, loss, claims or proceedings incurred or sustained by FinCrime Consultants which arise out of the Candidate’s use of the Services (including results achieved or unachieved), FinCrime Consultants’ submission to any Client of any incorrect or incomplete information or Candidate Content provided to FinCrime Consultants by the Candidate (whether or not that information or Candidate Content is required by these Terms and Conditions), or FinCrime Consultants’ submission to any Client of any application made by the Candidate for a vacancy where that application contains any incorrect or incomplete information provided to FinCrime Consultants by the Candidate, or any breach of any of these Terms and Conditions by the Candidate.
10. Force Majeure
Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing any of their obligations thereunder where such failure or delay results from any event, cause or circumstance that is beyond the reasonable control of that Party. Such event, cause or circumstance includes, but is not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, epidemic, pandemic or other natural physical disaster, acts of terrorism, acts of war, governmental action or any other similar or dissimilar event that is beyond the control of the Party in question.
11. Notices
11.1 All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of FinCrime Consultants or by the Candidate.
11.2 Notices shall be deemed to have been duly given:
11.2.1 when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or
11.2.2 when sent, if transmitted by e-mail and a successful return receipt is generated; or
11.2.3 on the fifth business day following mailing, if mailed by national ordinary first class mail, postage prepaid.
11.3 All notices regarding these Terms and Conditions shall be addressed to the most recent address or e-mail address notified to the other Party.
12. Relationship of Parties
Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent (other than FinCrime Consultants necessarily arising by law by virtue of FinCrime Consultants acting as an employment FinCrime Consultants), or of employer and employee between FinCrime Consultants and the Candidate.
13. Third Parties
Nothing in these Terms and Conditions shall confer any benefit on or be enforceable by any party that is not a Party to these Terms and Conditions.
14. Severance
In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.
15. Modification and Entire Agreement
15.1 FinCrime Consultants may modify these Terms and Conditions and its Privacy Policy at any time. In the event that it makes any modifications, it shall forthwith publish details of them at www.fincrimeconsultants.co.uk. It shall also send an email to the Candidate detailing the modifications.
15.2 If the Candidate does not agree to be bound by any modified terms and conditions FinCrime Consultants introduces, the Candidate must immediately cease using the Services upon publication of those modified terms and conditions.
15.3 These Terms and Conditions as modified in accordance with this Clause 15 shall represent the entire agreement between the Candidate and FinCrime Consultants, and it supersedes all previous agreements, terms, conditions, representations or claims which may have been made or agreed upon between them.
16. Law and Jurisdiction
16.1 If the Candidate is an individual residing in the United Kingdom, any disputes concerning these Terms and Conditions, the relationship between the Candidate and FinCrime Consultants, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the jurisdiction of the courts as determined by the Candidate’s residency.
