Terms & Conditions – Posting a Job Advert

Smart Thinking Platform Ltd (“Smart Thinking”) accepts the publication of job adverts on the terms and conditions set out below (“Terms and Conditions”). These Terms and Conditions apply to online job adverts on www.smartthinkingjobs.co.uk (“the Site”).

1. By submitting a job advert the “Advertiser” (whether they are the organisation referred to in the job advert or a recruitment agency posting on their behalf) accepts and agrees to be bound by these Terms and Conditions in full.
2. The Advertiser must provide clear and complete information in accordance with requirements of the job or internship submission form.
3. Smart Thinking may reject, cancel or require any job advert to be amended if it considers it to be unsuitable or contrary to these Terms and Conditions.
4. The publication of a job advert by Smart Thinking does not mean that we accept that the job advert has been provided in accordance with these Terms and Conditions or that we have waived our rights under these Terms and Conditions.
5. The Advertiser guarantees to Smart Thinking that:
   1. all information supplied in connection with the job advert is accurate, complete, true and not misleading;
   2. the job advert is legal, decent, honest and truthful and not contrary to the provisions of any applicable law, regulation or code of practice;
   3. the job advert will not be prejudicial to the image or reputation of Smart Thinking or the Site and will not contain anything which Smart Thinking in good faith considers to be offensive or otherwise inappropriate; and
   4. all job adverts and data submitted will be free of any viruses, adware, malware, bit torrents and no job advert will cause an adverse effect on the operation of the Site.
6. Where the Advertiser is a recruitment agency the recruitment agency guarantees that it is authorised by the advertiser organisation to place the job advert and the Recruiter will indemnity Smart Thinking in full for any claim made by such a Recruiter against the Site.
7. Analytics – the Advertiser acknowledges and understands that discrepancies of up to 10% regarding the number of page views and clicks are common due to technical reasons. Smart Thinking cannot and does not guarantee the number of page views and clicks.
8. The Advertiser warrants to Smart Thinking that any third party site they provide a link to or submit will be legal, inoffensive, honest and truthful and not be contrary to the provisions of any applicable law, regulation or code of practice.
9. Smart Thinking accepts no responsibility for any interruption or delay the Advertiser may experience in publishing a job advert.
10. Job adverts usually feature in the Smart Thinking weekly jobs and internships newsletter but Smart Thinking reserves the right to omit any job advert from this newsletter with no notice or explanation.
11. Job adverts (aside from those branded as ‘Premium’) are listed in the order in which they are submitted to the Site and all positioning of job adverts is at the sole discretion of Smart Thinking.
12. Smart Thinking shall not be responsible, under any circumstances, for any loss of profit, opportunity, goodwill, revenue, loss of data and/or any other loss resulting from the job advert.
13. Smart Thinking excludes any and all liability to any Advertiser from and against any and all loss, liabilities, costs, expenses (including legal expenses), claims, demands, damages, proceedings or judgments incurred or suffered by an Advertiser (howsoever caused) in contract, tort (including negligence) or otherwise.
14. Nothing in these Terms and Conditions will limit or exclude Smart Thinking’s responsibility for death or personal injury resulting from its own negligence, fraud or any other liability that cannot be excluded.
15. Smart Thinking does not guarantee any applicants will be received after a job advert is posted on the Site. For the avoidance of doubt Smart Thinking will not vet any applicants and does not guarantee an applicant’s suitability for a job advert posted.
16. Smart Thinking does not guarantee that the Site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the Site for business and operational reasons.
17. The Advertiser grants Smart Thinking the right (free of charge) to use such of their names and/or logos as Smart Thinking deems necessary for the purposes of publishing the job adverts.
18. Cancellation – a job advert can be cancelled by writing to jobs@smartthinkingjobs.co.uk. Cancellation will be effective on acknowledgment of receipt of email.
19. These Terms and Conditions are not enforceable by virtue of the Contracts (Rights of Third Parties) Act 1999 by any person who is not a party to these Terms and Conditions.
20. Nothing in these Terms and Conditions shall be deemed to constitute, establish, imply or create any partnership, joint venture, co-ownership, agency, employment or fiduciary relationship between the parties. Neither party shall have the authority to act for, bind or otherwise create or assume any obligation on behalf of the other, and neither party shall hold itself out as having authority to do the same.
21. These Terms and Conditions are the entire agreement between the Advertiser and Smart Thinking in respect of the job adverts and no modification to these Terms and Conditions will be effective unless made in writing and signed by both Smart Thinking and the Advertiser.
22. These Terms and Conditions and any documents referred to and therefore incorporated by reference herein shall apply to the exclusion of all other terms and conditions which the Advertiser purports to apply to job adverts (including, without limitation, terms in any insertion or purchase order, e-mail, acknowledgement or click through agreement). To the maximum extent permitted by law, other than as set out in these Terms and Conditions, all warranties and representations, whether express or implied, are excluded.
23. If any provision of these Terms and Conditions shall be found by any court or administrative body of competent jurisdiction to be invalid, illegal or unenforceable, such validity, illegality or unenforceability shall not affect the other provisions of these Terms and Conditions which shall remain in full force and effect.
24. These Terms and Conditions (and any non-contractual obligations arising in connection with them) shall be governed by English law and the courts of England and Wales will have exclusive jurisdiction in relation to these Terms and Conditions (and any non-contractual obligations arising in connection with them).