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Terms of Use

A. Terminology 

 

Please familiarize yourself with the terminology that we frequently use throughout this “Terms of Use” document in section A. (i). An understanding of the specific language that is used throughout this document will be helpful for the reader to better comprehend what we are trying to communicate to users of our website and services, and casual viewers of this website (www.edwardskennedy.com). 

 

A. (i)

 

a.  www.edwardskennedy.com - “the Website” or “The Website”

 

b. The organization Edwards and Kennedy - “Us”, “us”, “We”, “we”, or “the Company”

 

c. Viewers of the website (www.edwardskennedy.com), regardless of any existing business relationship - “You”, ”you”, “Your”, “your”, “User”, or “user”

d. This Terms of Use document that you are currently reading - “Terms of Use”, “document”, “This document”, or “this document”

 

e. People using the website (www.edwardskennedy.com) to find work - “Candidates”, “candidates”, “Candidate”, or “candidate”

 

f. Employers or organizational representatives using the Website (www.edwardskennedy.com) to find any type of worker (temporary, permanent, or engaging our retained search services)  - “Employers”, “employers”, “Employer”, “employer”, “Organizations”, “organizations”, “Organization”, or “organization”

 

g. When this Terms of Use document references any of the forms located on the Website (ie. Candidate Application Form, Employer Application Form, Instant Message Button, and Surveys) - “Forms”, “ forms”, “Form”, or “form” 

h. Received data from users who have provided information of any variety through the use of forms on our website, or by other means - “Personal information”, “personal information”, “Received data from users”, or “received data from users”
 

It is assumed that you agree to all of the terms and conditions that Edwards & Kennedy has stipulated in this Terms of Use document. However, if you are unwilling or unable to accept the terms that we have outlined in this document, we strongly encourage you to refrain from visiting the Website. 

Additionally, the terminology in section A. (i) (Terminology) of this Terms of Use document may be used in any section that follows section A. For example, section B. may refer to the organization “Edwards and Kennedy” as “the Company”.

 

B. Who is the Website available to? And who was it designed for?

This beautifully developed website has been made available for the express purpose of helping candidates looking for work and organizations seeking outstanding candidates to intersect by virtue of our mediation services. Therefore, it should be understood that those who are unable (by legal standards) to enter into a legally binding contract (minors) should not use the Website. 

 

We encourage you to check your local legislation to determine if you are eligible to enter into a legally binding agreement. It may be noted that it is generally the case that individuals under the age of 18 are not eligible, however, this may change depending on your jurisdiction. 

C. Receipt of user information through the Website

 

If you have submitted your personal information to us on the Website, there are several important conditions we would like you to be aware of.

 

When you send us your personal information you are granting us the right to share that information with organizations or individuals that we believe will help you achieve your objectives as determined by the form you complete on our website. It may be noted that the organizations and individuals that we may share your information with could be existing clients, and perhaps, only prospective clients. However, we are committed to your privacy, and will only divulge essential pieces of information you have provided to us for the purpose of helping you achieve the objectives for which we have been engaged. For example, if you submit a Candidate Application Form on the Website, the Company may share some of this personal information with an organization that we believe would be an appropriate match for your candidacy. Similarly, if you are an employer seeking workers (temporary or permanent), or engage our retained search services, the Company may share limited pieces of information that you have provided to us on the Employer Application Form with a qualified candidate about the job opening we are helping you to fill. 

 

The right that you have granted to the Company when you fill out any form on the Website is an unremitting right to use your information. In addition, you are granting us the right to internationally store and use this information for the exclusive purpose of helping you achieve your individual or company objectives that you have engaged the Company to help you achieve. The Company may also send you marketing materials about our services using some or all of the information we have received on the forms that you have submitted to us.

 

The right to use your information under which no royalties are generated is also granted to the Company when you submit your information to us.

 

If the Company believes the information submitted to us by you through any form on the Website is offensive, a gross misrepresentation of verifiable facts, is illegal, or doesn’t serve the Company’s interests, it may be deleted. 

 

In the event of a legal investigation under the auspices of the local, provincial, state or federal authorities, the Company may share legally obligatory information you have submitted to us (through any method) in order to comply with the Company’s legal responsibilities. 

 

It may be finally noted that the Company is not obligated to use your information that has been submitted to us. Although the Company is committed to helping all clients (organizational and candidates) achieve the objectives that we are engaged to help them achieve, no assurances can be given that your information will be used by the Company. However, if this is the case, we may in some circumstances reach out to you and explain why.  

 

D. Edwards & Kennedy accounts, and your personal login information

 

The Company may eventually enable users to create a login ID and password that will enable you to access specific features of the Website. Consequently, it will be the users responsibility to maintain the confidentiality of your login ID and password. Moreover, if you notice unusual activity on your account, have misplaced your password or login ID, it will be incumbent on you to notify the Company as soon as possible so they can take the appropriate measures.  

 

E. Important information for candidates

Although the Company may employ its resources to help candidates achieve employment through our services, we cannot guarantee that you will find employment. Secondarily, if you receive a job offer through a third party (a company that is not Edwards and Kennedy) we are not responsible for any actions, processes, or behaviors engaged by them toward you. For example, we bear no responsibility for job offers, interviews, accuracy of job offering, communications, methods of screening, work environment, decisions, or any other action exhibited by them toward you. It may be worth reiterating that we are a service that connects candidates with employers. Therefore, we bear no responsibility for the actions taken by employers against candidates at any point throughout our service to the candidate.  

 

F. Third party advertisements on the Website

 

The Company may have advertisements to another organization or company’s products or services on the Website through the usage of links, buttons, banners, and hyperlinks. An example of this may include an Amazon advertisement for a product that they are selling. The Company shall assume no responsibility for the accuracy, content, or information posted on any of these third party websites. In addition, it may also be noted that the Company does not have any association with these companies either.  
 

G. Edwards and Kennedy indemnification statement

 

By accessing and viewing any content on the Website, submitting any personal information through any form or instant message button on the Website, you agree to indemnify and hold harmless the Company and its affiliates, officers, directors, employees, agents, and representatives from any claims, damages, losses, liabilities, costs, and expenses (including attorneys' fees) arising out of or related to:

  1. Your use of the Website and any products or services provided therein.

  2. Any information or materials you submit through the Website forms or instant messages.

  3. Any violation of these Terms of Use or applicable laws and regulations.

  4. Any infringement of intellectual property rights or other proprietary rights.

  5. Any breach of confidentiality or privacy obligations.

You further agree to cooperate fully with the Company in the defense of any claim and to promptly notify the Company of any unauthorized use of your account or any other breach of security. The Company reserves the right to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to assist and cooperate with the Company in asserting any available defenses.

This indemnification obligation will survive the termination or expiration of your use of the Website or any services provided therein.

H. Disclaimer

The information contained on this the Website is for general information purposes only. Edwards and Kennedy endeavors to keep the information up to date and accurate, but we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, or availability with respect to the Website or the information, products, services, or related graphics, third party advertisements, contained on the Website. Any reliance you place on such information is therefore strictly at your own risk. 

In no event will the Company be liable for any loss or damage including without limitation, indirect, or consequential loss or damage, or any loss or damage whatsoever arising from the loss of data or profits. 

 

I. Statement of liability

 

By using our recruiting and staffing website (" the Website"), you agree to the following terms and conditions regarding liability and limitations of liability:

  1. Submitted Materials (Received data from users): Users are solely responsible for any content, materials, or information they submit or upload to the Website, including resumes, job postings, and comments. We do not guarantee the accuracy, completeness, or legality of any submitted materials, and we disclaim any liability for any errors, omissions, or inaccuracies in such materials.

  2. Interactions with the Website: While we strive to maintain the security and integrity of our Website, we cannot guarantee that it will be free from viruses, malware, or other harmful components. Users are responsible for implementing their own security measures to protect against such threats, and we shall not be liable for any damages resulting from the use or inability to use the Website.

  3. General Website Usage: Users agree to use the Website in accordance with all applicable laws and regulations. We are not responsible for any misuse of the Website by users, including but not limited to unauthorized access, tampering with content, or violations of intellectual property rights. We reserve the right to take appropriate legal action against anyone who engages in such activities.

  4. Third-Party Suppliers: Our Website may include links to third-party websites or services for convenience. We do not endorse or control these third-party sites or their content, and we shall not be liable for any damages or losses arising from your use of or reliance on such third-party sites. Users access third-party sites at their own risk and should review the terms and conditions and privacy policies of these sites.

  5. Limitation of Liability: In no event shall the Company, including its officers, directors, employees, or affiliates, be liable for any direct, indirect, incidental, special, or consequential damages arising out of or in any way connected with the use of the Website or the inability to use the Website, even if we have been advised of the possibility of such damages. Our total liability for any claims arising from or related to the Website shall not exceed the amount paid by the user, if any, for accessing the Website.

 

By using our Website, you acknowledge and agree to these terms and conditions regarding liability and limitations of liability. If you do not agree with these terms, please refrain from using the Website. We reserve the right to update or modify these terms at any time without prior notice.

 

J. Termination

It is important to note that despite the termination of the Company’s services, the Company retains the right to remove any material from the Website at our discretion. This includes but is not limited to user-generated content, profiles, job listings, and any associated data.

Furthermore, we reserve the right to restrict access to the Website for any user, even those with whom we have had a previous business relationship. This measure is enacted to safeguard the integrity of our platform and to ensure compliance with our policies and regulations.

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