Please read these terms and conditions ("General Terms and Conditions") carefully, as by accessing and/or using our website at airswift.com ("Website") and/or any of our mobile device applications and/or services described on the Website (together, the "Services"), the person, firm or company or organisation browsing and/or using the Website and/or our Services ("you") whether as a registered user or an unregistered visitor (together "Users") will be bound by these General Terms and Conditions.
If you sign up with our Website and become a registered user you will be entering into a legal agreement ("Agreement") with Airswift Holdings Limited (registered in the UK with company number 09913704), and, where applicable, each of its group companies, affiliates, assigns or successors ("we/us/our/Airswift"), incorporating these General Terms and Conditions. For the avoidance of doubt, a registered user will include any person who is interested in vacancies advertised on the Website and/or who wishes to post information about themselves to make use of our Services.
You should retain a copy of these General Terms and Conditions for future reference.
Please understand that if you refuse to accept these General Terms and Conditions, you will not be able to register to use the Website, Services and in particular, post any information or content on the Website.
By clicking "Join Now" or similar, or by using any of the Services, you acknowledge that you have read and understood the General Terms and Conditions and the other terms of this Agreement and that you agree to be bound by all of its provisions.
2. Your Obligations
2.1. You must comply with all applicable laws and the provisions of this Agreement, as may be amended from time to time with or without advance notice, and the policies and processes explained in these General Terms and Conditions.
Pursuant to the licence granted above, we may grant other Users and persons (including our clients) who subscribe to our services relating to the Services who have access to this Website, with access and share rights to your content and information in accordance with this Agreement, and subject to any restrictions that we agree or set as part of your access settings (as a registered user) and your rights under data protection laws.
Any content or information you submit to us for publication on or to be used on the Website is submitted to us at your own risk of loss, although this will not affect our obligations and your rights under applicable data protection laws. By providing content or information to us as part of or in order to use the Services, you represent and warrant that such content and information is accurate and correct, you are entitled to submit it and that it is not confidential and not in violation of any law, contractual restrictions or other third party rights (including any intellectual property rights).
It is your responsibility to keep your profile information accurate and updated.
2.3 To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age ("Minimum Age") or older; (2) are not currently restricted from the Services (or not otherwise prohibited from having a user account with us); and (3) are not a competitor of ours or planning or intending to set up a competing service and are not using the Services for reasons that are in competition with us.
2.4. The profile you create will become part of our Services and, except for the content and information that you hereby license to us, is owned by us. You agree: (1) to keep your password secure and confidential; (2) not to permit others to use your account; (3) not to use other's accounts; and (4) that you are responsible for anything that happens through your account until you close your account (unless you prove that your account security was compromised due to no fault of your own and you took all reasonable steps to remedy such compromise).
2.5 You agree to indemnify us against and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable legal fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws; (2) any content you submit to us or the Website in your use of the Services; and (3) any activity in which you engage on or through or arising from your use of our Website or the Services.
3. Your Rights
On the condition that you comply with all your obligations under this Agreement, we grant you a limited, revocable, non-exclusive, non-assignable, non-sublicenseable license to use and the right to access the Services, through a generally available web browser or mobile device to view content and information and otherwise use the Services. We reserve all rights not expressly granted in these General Terms and Conditions.
4. Our Rights and Obligations
4.1. We seek to update, improve and expand the Services from time to time. We may modify, replace, refuse access to, suspend or discontinue our Website or any part of the Services, partially or entirely in our sole discretion. All of these changes shall be effective upon their posting on Website or by direct communication to you unless otherwise stated in the relevant notice or posting. We also reserve the right to withhold, remove or discard any content available as part of your account, with or without notice, if deemed by us to be contrary to these General Terms and Conditions or any other part of this Agreement or as required by applicable law.
4.2 By using the Services, you may be exposed to other Users or third party content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Except for certain limited circumstances, such as where legally required, we generally do not review, verify or filter such content. You agree and acknowledge that we are not responsible for the content of persons (including our clients) who subscribe to our services who have access to this Website or any third party content or information published or included on the Website or in the Service, or for any damage of any kind incurred as result of your reliance thereon. We may include links to third party web sites ("Third Party Sites") on the Website and in the Services. You are responsible for evaluating whether you want to access or use a Third Party Site. We are not responsible for, and do not endorse, any features, content, advertising, products or other materials on or available from Third Party Sites. If you decide to use Third Party Sites you do so at your own risk.
4.3 We may restrict, suspend or terminate the account of any Member who abuses or misuses the Services as we determine.
You may terminate your account by giving notice to us pursuant to Clause 10 below. This notice will be effective upon us processing your notice. We may terminate the Services and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. Termination of your account includes removing your details from the Website and/or the Services, disabling your access to our Services and may also bar you from any future use of the Website.
6. Our liability
6.1 Subject to clause 6.3 and clause 6.4, we cannot accept liability for losses that were not reasonably foreseeable by us when we agreed to provide the Services. The material and content displayed on the Website is provided without any guarantees, conditions or warranties as to its completeness or accuracy. You must bear the risks associated with the use of the internet.
6.2 To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and incompatibility of the Website with any of your computer equipment, software or telecommunications links, save for any implied terms that cannot be excluded by applicable laws.
6.3 Subject to clause 6.4, save as specifically otherwise set out in this Agreement or these General Terms and Conditions, to the fullest extent permitted by law you acknowledge and agree that we will not be liable to you or any third party for any loss of income or revenue, loss of business, loss of profits or contracts, loss of anticipated savings, loss of data, loss of goodwill, wasted costs or management or office time (in each case whether such loss or liability is direct or indirect) or any consequential or incidental damages and (in each case) whether caused by tort (including negligence), breach of contract or otherwise.
6.4 Nothing in these General Terms and Conditions or this Agreement has effect to limit or exclude :
(a) our or any person's liability for death or personal injury arising from negligence, fraudulent misrepresentation,
(b) any other liability which cannot be excluded or limited under applicable law.
6.5 Subject to clause 6.4, to the fullest extent permitted by law you acknowledge and agree that (to reflect the nature of the Services to Users) we will not be liable to you or any third party for any loss, liability or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable)
6.6 Nothing in these General Terms and Conditions or this Agreement shall affect the statutory rights of you as a consumer.
7. Making a complaint
We welcome any form of feedback to help us to improve the service we offer. If you want to make a complaint please contact us via https://www.airswift.com/contact/leave-feedback/. We endeavour to respond to all complaints within 7 working days. We will keep you informed as we handle your complaint and will endeavour to resolve this within 30 days. Claims may be reduced or rejected if we have not been given an opportunity to put matters right.
8. Intellectual property
8.1 All intellectual property rights, including but not limited to patents, inventions, copyright, trademarks, database rights, design rights, names and logos subsisting in and/or used in relation to the Website (including but not limited to all software, databases, process, graphics, content, source code, object code or other work or materials) are owned by us or our licensors. Nothing in these General Terms and Conditions or this Agreement confers on you or transfers any licence or right under any of such intellectual property rights or those of any third party.
8.2 We reserve the right to issue legal proceedings (which may include seeking injunctive relief) against any firm, company or person who appropriates or otherwise uses any of our intellectual property or any part of the Website.
9. Written Communications
Applicable laws require that some of the information or communications we send to you should be in writing. When using the Website or Services, you accept that communication with us will be mainly electronic. We will contact you by email or provide you with information by posting notices on our website. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information and other communications that we provide to you electronically comply with any legal requirement that such communications be in writing. This condition does not affect your statutory rights.
All notices given by you to us should be sent by email to email@example.com. Notices given by us to you will be given by email to the email address registered with us. Notice will be deemed received and properly served upon transmission of an email. In proving the service of any notice, it will be sufficient to prove in the case of an email, that such email was sent to the specified email address of the addressee.
11. Transfer of rights and obligations
11.1. This Agreement between you and us is binding on you and us and on our successors and assigns.
11.2. You may not assign or delegate any rights or obligations under this Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign, transfer, sub-contract or delegate all rights and obligations under these General Terms and Conditions and this Agreement, fully or partially.
Events outside our control
12.1. We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under this Agreement or any agreement between us that is caused by events outside our reasonable control ("Force Majeure Event").
12.2. A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:
Strikes, lock-outs or other industrial action.
Civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war.
Fire, explosion, storm, flood, earthquake, subsidence, epidemic, pandemic or other natural disaster.
Impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport.
Impossibility of the use of public or private telecommunications networks.
The acts, orders, decrees, legislation, regulations or restrictions of any government or regulatory body.
Our performance of any obligation under the Agreement and/or of any Services is deemed to be suspended for the period that the Force Majeure Event continues, and we will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under any agreement between us may be performed despite the Force Majeure Event.
If we fail, at any time during the term of the Services provided to you, to insist upon strict performance of any of your obligations under the Services, or if we fail to exercise any of the rights or remedies to which we are entitled, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations.
A waiver by us of any default shall not constitute a waiver of any subsequent default.
No waiver by us of any of these General Terms and Conditions or Agreement shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing in accordance with Clause 10 above.
14.1 If any provision of these General Terms and Conditions or Agreement is held by any court of competent authority to be unlawful, invalid or unenforceable, in whole or in part, this will not affect the validity of the remaining provisions of these General Terms and Conditions or Agreement which will continue to be valid and enforceable to the fullest extent permissible by law.
14.2 You agree that this agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use other of our services, third-party content or third party software.
14.3 This Agreement is governed by the applicable laws of England and Wales. We will try to resolve any disagreements quickly and efficiently. If you are not happy with the way we deal with any disagreement and want to take legal proceedings, you must do so exclusively in the courts of England and Wales and all parties submit to the exclusive jurisdiction of the courts of England and Wales.
W1. Accessing our Website
Access to the Website is permitted on a temporary basis, and we reserve the right to withdraw or amend the Services we provide on the Website without notice We make no guarantees are representations that the Website will be available on a continuous basis or will not be interrupted or unavailable from time to time. We will not be liable to any Users if for any reason the Website is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of the Website, or the entire Website, to users who have registered with us.
W2. Intellectual property rights
We are the owner or the licensee of all intellectual property rights in and used to operate and publish the Website and any services provided via the Website, and in the content and material published on the Website. Those works are protected by copyright laws, trademark laws and treaties around the world. All such rights are reserved and you agree to use the Website in a way that does not infringe these rights.
You may print off one copy, and may download extracts, of any page(s) from the Website for your personal reference and you may draw the attention of others within your organisation to material posted on the Website.
You may not otherwise reproduce, modify, copy or distribute or use for commercial purposes any of the materials or contents of the Website without our express written permission.
Our status (and that of any identified contributors) as the authors of material or content on the Website and the owners of the Trademarks on the Website must always be acknowledged by you.
You are also advised that we will enforce our intellectual property rights to the fullest extent permitted by the law.
W3. Reliance on information posted
Information supplied to us by third parties, persons who otherwise subscribe to our services or Website, is not checked by us and we are not able to verify the accuracy or completeness such information. Any information, commentary and other materials posted on the Website by users or other third parties should not be relied on and should be verified by you. We therefore disclaim all liability and responsibility arising from your reliance (or reliance by anyone who you may inform of any of its contents) on such materials supplied by any user of the Website. Any statements made by candidates or users as to their experience, qualifications or other attributes are statements of the candidates or users and not statements by any of Airswift, its directors, employees, consultants or advisers.
W4. Our Website changes regularly
We aim to update the Website regularly, and may change the content at any time. If the need arises, we may suspend access to the Website, or close it indefinitely. Any of the material on the Website may be out of date at any given time, and we are under no obligation to update such material.
W5. Our liability
The material displayed on the Website is provided without any guarantees, conditions or warranties as to its completeness or accuracy. You must bear the risks associated with the use of the internet.
To the fullest extent permitted by law, we, other members of our group of companies and third parties connected to us hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Incompatibility of our site with any of your computer equipment, software or telecommunications links.
Unsuitability, unreliability or inaccuracy of our site.
You agree and acknowledge that the terms set out paragraphs 6.3 to 6.6 (inclusive) of the General Terms and Conditions shall apply to any liability of ours to you or any other person arising out of or connected with your use of the Website.
W7. Information about you and your visits to our Website
W8. Uploading material to our site
Any material you upload to the Website will be considered non-confidential and non-proprietary, and we have the right to use, copy, distribute and disclose to third parties any such material for any purpose, without prejudice to our obligations and your rights under data protection laws. We also have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our Website constitutes a violation of their intellectual property rights, or of their right to privacy and you hereby consent to such disclosure. You are prohibited from posting or transmitting any unlawful, threatening, libellous, defamatory, obscene, pornographic, offensive or profane material or any material that would constitute or encourage conduct that would be considered unlawful and/or a criminal offence.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our Website.
You must not misuse our Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Website, the server on which our Website is stored or any server, computer or database connected to our Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990 and/or other similar applicable legislation in a relevant country. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them and you hereby consent to such disclosure. In the event of such a breach, your right to use our Website will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Website or to your downloading of any material posted on it, or on any website linked to it.
Our Services are provided for the purposes of connecting candidates and clients on genuine work opportunities and are provided on a "fair use only" basis for that purpose. In order to promote a satisfactory customer experience we may from time to time impose daily or other time periodic limits on certain activities. Furthermore, we may suspend usage generally or on an individual user basis where we, acting reasonably, consider that excessive use or misuse of the website or the Services is occurring as would be the case if, for example but without limitation, the website and/or Services is reasonably believed by us to being used for data mining purposes or other speculative purposes.
Where our Website contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
W12. Your concerns
If you have any concerns about material which appears on our Website, please contact us by email at: firstname.lastname@example.org.
W13. Jurisdiction and applicable law