Terms and Conditions | Career Climbers

TERMS & CONDITIONS

Candidate Terms and Conditions

Recordal

These terms and conditions are published by Career Climbers Ltd t/a Career Climbers (“the Company”), which are applicable to all transactions or engagements as contemplated herein.

The Company is the proprietor of a business which facilitates connecting people seeking a better understanding of an industry from a career perspective to people with relevant experience in that industry, with the underlying notion that the introduction serves as a network extender and informal conversational platform for potential entrants to a new industry. The Company is also the proprietor of and operates a website, as well as related mobi-sites and software applications which the Company may launch (collectively, “the Website”). This Agreement pertains to the video conferencing link meetings facilitated via the Website.

These terms and conditions are binding and enforceable against every person that accesses or utilizes the Website (“You” and “Your”). By registering as a Candidate You acknowledge that You have read and agree to the terms and conditions set out herein. If You do not agree to these terms, You must not register as a Candidate.

Use of the Website

It is Your responsibility to ensure that only You or an authorized person accesses the Website from Your device. You hereby indemnify and hold the Company harmless for any breach or unauthorised access to the Website via Your device/s. You shall accordingly be held liable for any purchase affected from Your device. You warrant that You shall not use any device, software or other instrument which interferes with or may interfere with the functioning of the Website. In addition, You warrant that You shall not utilise any robot, spider, or other device or software to monitor, reproduce, distribute, or amend the Website for any reason whatsoever, whether for Your benefit or any other party’s benefit.

By utilising this Website, You acknowledge that the Website allows users, such as You, to review services offered by the Company and the outcome of Your interactions with a Mentor. You hereby warrant that You shall only utilise this feature to conduct a review in a bona fide manner and that You shall not abuse this feature by publishing any comment or remark which is or may be construed to be defamatory, inciteful, discriminatory or otherwise unlawful. You may also not utilise such features to market, advertise or otherwise promote any business, goods or items.

Purchasing Services, Changes, and Cancellations

You may purchase our service by following the prompts on the Website, which entails the following:

Click the “Purchase a Call” or similar option on the Website;

Complete all the required information and effect payment;

Upon confirmation of payment, the Company will email You to confirm receipt of payment and send You a pre-Call questionnaire;

Once You complete and submit the pre-Call questionnaire as instructed in the email, our algorithms (“our System”) shall identify Mentors which it deems to be appropriate taking into account inter alia Your specific requirements, industry of interest, Your level of experience, the level of experience of the available Mentors, the availability of the Mentors, and any other relevant factor;

The Company reserves the right, at its own discretion, to amend, alter, modify, and enhance our System at any point in time without notice to You. The Company also reserves the right to override an automatic recommendation of our System should the Company deem the recommendation to be a clear and obvious error;

The suggested Mentors’ credentials will be submitted to You so that You may choose Your preferred Mentor;

Should You elect to proceed to meet with any of the recommended Mentors, You shall confirm Your selection;

Our team will liaise with You and the Mentor to arrange a mutually suitable date and time for a virtual meeting. The Company will endeavour to secure that a meeting is held within 7 (seven) days from confirmation of Your purchase, and/or as soon as is practicable;

The meeting link will be created and sent by the Company.

All Mentors are recommended and confirmed subject to availability and other factors beyond the control of the Company. Accordingly, the Company may cancel a meeting if a confirmed Mentor is no longer available. The Company will use its best endeavours to ensure that the confirmed Mentor is available but the Company makes no warranty that Your preferred Mentor will be available.

You acknowledge that the Company relies on data and information from third parties, and therefore information relating to a Mentor may from time to time be incorrect/outdated. Accordingly, the Company may cancel a meeting if, prior to the meeting, it is discovered that the information listed relating to the Mentor was incorrect. In such an event, the Company will notify You as soon as possible and recommend an alternative Mentor for You to have a Call with.

Thus, notwithstanding any confirmation generated by the Website, the service is only concluded when the meeting is held.

Should You need to reschedule a meeting, You must do so more than 24 hours before Your scheduled time, by following the prompts on the Website and/or in writing by way of email to support@careerclimbers.co.uk following any instructions given to You by the Company in any confirmation correspondence. Failure to request to reschedule an appointment more than 24 hours before Your scheduled time will result in You being charged 50% of the fee, which must be paid prior to rescheduling the Meeting. Should You fail to request a reschedule and fail to attend the meeting, You will be charged in full for the service.

You acknowledge that Mentors are also entitled to reschedule and cancel Calls. You accordingly acknowledge that You shall have no claim against the Company for any changes or cancellations by a Mentor or the Company, except if a Call is rescheduled or cancelled by the Company or a Mentor less than 12 hours before the scheduled time in which case You will have the election to proceed with another suitable Mentor at a date and time to be arranged, alternatively to cancel the Call entirely and request a refund from the Company.

Subject to what is contained in these terms and only if the Consumer Rights Act 2015 applies to You by virtue of the fact that You are a natural person, You may cancel any purchase more than 24 hours prior to the scheduled meeting, provided it is not a rescheduled meeting. If You do, You will be refunded in full within 30 (thirty) days. If You cancel the meeting less than 24 hours before the scheduled meeting or if You cancel a rescheduled meeting, You will be liable for 50% of the fee, and the balance will be refunded to You within 30 (thirty) days.

You will be responsible for obtaining access to the platform provided by the Company and agree that access to these services may involve third-party fees, including, inter alia, internet service provider, airtime, data and bank charges. The Company accepts no liability for any disruption or non-availability of services resulting from external causes including, inter alia, communication network failure, natural events, legal restrictions and censorship.

Mentors and discussion with Mentors

You acknowledge that the person You shall speak to is a Mentor. The Mentor is an independent party, and not an agent or representative of the Company. The advice given by the Mentor is his or her own views and not the opinion or representations of the Company. The Company merely facilitates setting up a discussion between the Mentor and You.

Consequently, the Company gives no warranties or guarantees vis-a-vis the suitability of the advice given by the Mentor.

Mentors are not permitted to utilise this platform to give professional advice of any nature. You may therefore not ask the Mentor any questions for any professional advice nor may You accept any professional advice from the Mentor, such as but not limited to legal advice, financial advice, or medical advice.

You acknowledge that the Company relies on the information supplied by the Mentor and third parties vis-a-vis suitability and availability. Therefore, You hereby indemnify and hold the Company harmless against any claim related to any advice of whatsoever nature given by a Mentor.

You may not and You undertake that You will not communicate, in any manner whatsoever, with a Mentor outside of the calls contemplated herein with the intention of circumventing the Company or depriving the Company of any income, revenue, remuneration or fees that it would ordinarily be entitled to had You arranged a call via the Website.

You undertake not to accept an offer of employment or any other opportunity from a Mentor which You engage with through the Company for a period of at least 6 (six) months from Your most recent Call with that Mentor.

You undertake to decline or discontinue participation in any engagement with a Mentor that would result in a violation of these terms and conditions, even if such violation is consequent to the conduct of the Mentor.

You undertake to immediately report to the Company the details of any Mentor who:

- attempts to solicit You to circumvent the Company as contemplated in 4.5 above, whether for Your benefit or for the benefit of a third party; or

- who acts in a manner that breaches these terms and conditions.

Promotions

Occasionally, services may be listed at discounted prices for a limited time, and subject to other restrictions as set out herein (“a Promotion”).

If a Promotion limits the number of calls which You may purchase on Your Profile, You will only benefit from the discounted price for the number of calls permitted in terms of the Promotion. All calls in excess of the limitation shall be charged at the normal selling price for a single call listed on the Website.

When registering an account, You will be required to furnish us with personal data and personal information (“Your PI”). Your PI will be subjected to our Privacy Policy which is accessible on our website via www.careerclimbers.co.uk/privacypolicy, and which may be amended from time to time. By agreeing to these terms and conditions, You warrant that You have read the Privacy Policy and You undertake to review the Privacy Policy prior to arranging a call or when notified of an update.

Notwithstanding the Privacy Policy, You acknowledge and understand that the Company may share Your PI with recruitment agencies across a spectrum of recruitment platforms, and prospective employers who may elect to contact You with job opportunities. Should You prefer Your PI is not shared with such persons for this purpose, You are required to confirm in writing to support@careerclimbers.co.uk that You do not wish for Your PI to be shared as contemplated in this clause.

In order to ensure that obligations to You are fulfilled, You are requested to update Your personal information should it change.

You warrant that Your PI provided by You via the Website is accurate. You hereby indemnify the Company against any claim by any third party for any losses of whatsoever nature which may occur as a result of You furnishing inaccurate, false, or misleading information about You, or any other third party.

The Company shall not be liable for any unauthorised use, access, alteration or surveillance of Your PI by any third party, unless such unauthorised conduct occurred as a result of the Company’s gross negligence.

You acknowledge that by You sharing Your PI with third parties, You increase the risk of Your PI becoming known to other parties. You accordingly indemnify and hold the Company harmless for any unauthorised use, access, alteration or surveillance of Your PI by any third party should You share any of Your PI to any party other than the Company.

By agreeing to these terms and conditions, You acknowledge that the Website utilises “cookies”. “Cookies” are text files which collect information and data by monitoring Your usage of the Website. By using Cookies, the Company and/or its authorised subcontractor is able to enhance the Website by developing it in such a way that it facilitates user preferences as interpreted by the Company and/or its authorised subcontractors. If You disable the use of “Cookies” on Your browser, You may not have access to some features of the Website.

Ownership and copyright

The Website and its contents, including any material, information, data, software, icons, text, graphics, images, design, lay-out, sounds, marketing material, video clips, trade names, trade dress, logos, trademarks, or other devices which feature on the Website belong to the Company or the Company has the requisite authority to utilise it.

By utilising the Website, You do not have right to the Website or its content nor any right to use, distribute, reproduce, or sell the Website or any of its content without the Company’s prior written consent.

Disclaimer and Limitation of Liability

The service provided by the Company is provided on an “as is” and “as available” basis. To the fullest extent permitted by law, the Company excludes all representations and warranties relating to the Website and contents thereof or which is or may be provided by any affiliates or any other third party.

Whilst the Company takes all reasonable measures to validate the content of the Website, You acknowledge that You use the Website entirely at Your own risk. The Company shall not be liable for any risk or loss which arises from any reliance upon the Website or in connection with its contents.

The Company makes no express or implied warranty of the Website’s functionality, operation, efficacy or accuracy. The Company is accordingly indemnified by You for any loss or damages which You may suffer as a result of You being unable to access or use the Website in its usual or optimal state.

The Company makes no express or implied warranty that the Website or any content of it is free of viruses, spyware, malware, trojans or any other code that may corrupt, compromise or otherwise damage Your device, network, software. The Company accordingly shall not be liable for any loss or harm You may suffer as a result of any of the above occurring, unless it is caused by the gross negligence or wilful conduct of the Company.

Any views or statements on the Website are not to be construed as the views of the Company, its directors, employees and/or its agents.

The Company shall not be liable for any inaccurate information contained on the Website, including without limitation, information pertaining to Mentors, or the meaning of phrases or terms, or information about an industry or entity, unless such inaccuracies are the result of the Company’s gross negligence or wilful misconduct.

The Company shall not under any circumstances be liable for any direct, indirect, incidental, special or consequential loss or damages which You may suffer resulting from You using or relying upon the Website and/or its contents in any manner whatsoever. You accordingly indemnify and hold harmless the Company against any loss, claim, tort or damages of whatsoever nature caused by the use of or reliance upon the App in anyway, irrespective of whether such loss or damages are suffered by You or a third party.

The Website may have links to other websites which do not belong to or are under the control of the Company. Accordingly, the Company does not make any representations or warranties pertaining to such websites, including without limitation those related to the content of such website, functionality of such website, safety of such website, “cookies” utilised by such website, or any other data of such website. You hereby indemnify and hold the Company harmless against any loss, expense, claim, tort or damage whether direct, indirect or consequential, which You may suffer following any link to another website from the App, or using such website.

General

Indemnification: You agree, at Your own expense, to indemnify, defend and hold inculpable the Company and its related parties from all liabilities, claims, expenses and losses of any kind, including legal fees and costs, arising from or related to Your use or misuse of, or access to the Website, content, or otherwise from Your violation of the terms, or infringement, or any third party using Your account or identity in the services, of any intellectual property or other right of any person or entity. The Company reserves the right to assume the exclusive defence and control of any matter subject to Your indemnification, in which case You will assist and cooperate with the Company in asserting any defences available to the Company.

Suspension or termination of use: The Company may from time to elect to suspend or terminate the Website, or features of it, whether for You individually or for all users, with or without notice to You. You accept that the Company shall not be liable to You for any reason whatsoever should it elect to suspend or terminate the Website to whatever extent.

Blacklisting: Should the Company suspect that You are abusing or misusing the Website to take advantage of the Company, the Website, its features, promotions, or for any other purpose, the Company is entitled to i) blacklist You on its database; ii) suspend or terminate the Website for You; iii) cancel any pending orders; and iv) refuse to accept any future orders. The Company will not be liable to You for any adverse consequence or loss You suffer as a result of it acting as aforesaid.

Electronic Communications: By registering an account, You agree to receiving communications and advertisements from the Company or its representatives electronically, in accordance with this agreement.

Variations to these terms: The Company may from time to time, in its sole and absolute discretion, vary these terms and conditions. You are required to read the terms and conditions regularly, but at least once a month. Should You be dissatisfied with any variations to the terms, You must cease using the Website. Utilising the Website after the variation has been published shall mean that You have read and accepted the variations.

Governing law and jurisdiction: This Agreement shall be governed in accordance with the laws of the United Kingdom. By registering an account, You consent to the jurisdiction of the courts, including without limitation, the London court of international arbitration. This clause does not limit Your right to approach any competent court, tribunal or forum in terms of the Act.

Notices:

The Company shall accept service of all notices and legal processes in accordance with these terms, and/or the Website at College House, 17 King Edwards Road, Ruislip, London, HA47AE, which address may change from time to time as provided for in 10.5 Variations to these terms above.

You hereby consent to all notices and legal processes being served at the address specified as Your delivery address. You may change this address to any other physical address on reasonable notice, of no less than 5 days.

All notices or legal proceedings must be:

Hand delivered, where it will be deemed to be received on the date of delivery;

Registered post, where it will be deemed to be received 10 days from the date it was posted;

Email, where it will be deemed to be received on the date indicated in the “read receipt”, or on the 10th day after transmission if no “read receipt” is sent back to the Company.

Cession and assignment: You may not cede, assign, or otherwise transfer Your rights and obligations in terms of this agreement without the prior written consent of the Company.

Non-waiver and indulgences: Any failure to or election not to enforce any right which the Company may have in terms of this agreement shall not constitute a waiver of that right. Similarly, any indulgence, extension, relaxation or latitude which the Company may afford to You shall not prejudice or limit the Company in any manner whatsoever in the past or in the future.

Severability: Any term or condition contained in this agreement which is declared to be unenforceable or invalid shall be severed from this agreement, and the remaining terms shall be of full force and effect.

Variations and cancellation: No variation or cancellation of this agreement shall be of any force and effect unless varied in terms of 10.5 Variations to these terms or if reduced to writing and accepted by both parties.

Whole Agreement: This agreement contains the whole agreement between You and the Company. The Company makes no other warranty or undertaking other than those contained in this agreement.

Information and Complaints:

The Company’s information is the following:

Full name and registration number: Career Climbers Ltd, 14161059
Main Business: Online Services
Domicilium citandi et executandi (address for service of legal processes), subject to variation in accordance with 10.5 Variations and 10.7 Notices: College House, 17 King Edwards Road, Ruislip, London, HA47AE
Office Bearers: James Beechey and Ashil Patel
Phone number: 07432104433, or 07585889108
Email address: support@careerclimbers.co.uk
Information Officer: James Beechey and Ashil Patel

If You have any complaint about the services provided by the Company, or if You have any query on how to lodge a complaint, You may contact us on the Help Line quoted above. If Your complaint or query is not addressed within 15 (fifteen) days, You shall be entitled by law to refer the complaint to the UKs financial ombudsman to assist in resolving the dispute. The UKs financial ombudsman contact details can be accessed from https://www.financial-ombudsman.org.uk.