Legal notices

Smart Thinking Terms & Conditions for Job Seekers

www.smartthinking.org.uk and www.smartthinkingjobs.co.uk (the “Site”) is owned and operated by Smart Thinking Platform Ltd (“Smart Thinking”) and is made available to you on the following terms and conditions (“Terms and Conditions”). By using the Site and the services available on it you are deemed to accept these Terms and Conditions.

1. Smart Thinking is free to those individuals who are looking for employment vacancies (“Job Seekers”).
2. Smart Thinking makes available job adverts for employment vacancies and other job-related content, including links to third-party websites through Smart Thinking’s search results or otherwise through the Site.
3. The information and services available on the Site are provided for the sole purpose of individuals looking for job opportunities and career information. Job Seekers may use, print and download information from the Site for the purposes identified in this clause 3 only and for no other personal purpose.
4. The content on the Site is provided for general information only. It is not intended to amount to advice on which a Job Seeker should rely. Job Seekers must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Site.
5. Although Smart Thinking makes reasonable efforts to update the information on the Site, Smart Thinking makes no representations, warranties or guarantees, whether express or implied, that the content on the Site is accurate, complete or up to date.
6. Job adverts are created and provided by third parties over whom Smart Thinking exercises no control. Any information and materials provided by third parties have not been verified or approved by Smart Thinking. Any views expressed by other users on the Site do not represent our views or values.
7. By accepting these Terms & Conditions you accept that Smart Thinking exercises no control over the content of job adverts, links to or from job adverts or any conditions third parties might impose once a Job Seeker submits an application or has left the Site.
8. Where the Site contains links to other sites and resources provided by third parties, these links are provided for Job Seekers information only. Such links should not be interpreted as approval by Smart Thinking of those linked websites or information a Job Seeker may obtain from them. Smart Thinking has no control over the contents of those sites or resources.
9. Except for premium job adverts the job adverts contained on, or linked from, the Site are indexed or posted in order of submission to the Site.
10. Smart Thinking has no obligation to screen any job adverts or to include any job adverts in its search results or filters and may exclude or remove any job adverts from the Site or a Job Seeker’s search result for any reason in its sole discretion.
11. By accepting these Terms & Conditions Job Seekers understand and agree that Smart Thinking is under no obligation to present Job Seekers with any or all job adverts.
12. Smart Thinking assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any job adverts.
13. Smart Thinking provides filters to help Job Seekers search through job adverts and these categories (e.g. location) are created independently and entirely by Smart Thinking and as such may not accurately reflect the content of the job adverts.
14. Smart Thinking will, on occasion, be compensated by advertisers who post job adverts. For the avoidance of doubt all job adverts are considered advertising.
15. For premium job adverts Smart Thinking shall display job adverts at the top of the jobs listings based on the date they are submitted to the Site.
16. Smart Thinking will, on occasion, provide a report to advertisers detailing how many views a job advert received and how many Job Seekers clicked to apply in accordance with Smart Thinking’s Privacy Policy and Cookies Policy which can be found here.
17. All copyright, database rights and other intellectual property rights in the Site and the material available on the Site belongs to Smart Thinking Platform Ltd. Use of the Site does not give a Job Seeker any proprietary rights in such materials.
18. 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.
19. We will only use your personal information as set out in our Privacy Policy.
20. We do not guarantee that the Site will be secure or free from bugs or viruses. Job Seekers are responsible for configuring their information technology, computer programmes and platform to access the Site. Job Seekers should use their own virus protection software.
21. These Terms and Conditions, their subject matter and their formation, are governed by English law. It is agreed by the parties that the courts of England and Wales will have exclusive jurisdiction.
22. Smart Thinking shall not be held responsible and excludes any and all liability for the accuracy and/or inaccuracies of any salary information provided by advertisers. For the avoidance of doubt this includes any and all situations where the advertiser may incorrectly reference the National Minimum Wage/Living Wage.

Smart Thinking Terms & Conditions for Advertisers

www.smartthinking.org.uk and www.smartthinkingjobs.co.uk (the “Site”) is owned and operated by Smart Thinking Platform Ltd (“Smart Thinking”) and is made available to you on the following terms and conditions (“Terms and Conditions”). By using the Site and the services available on it you are deemed to accept these Terms and Conditions.

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.

The following Terms & Conditions apply to all Advertisers and users who access or use Smart Thinking as intended or for organisations seeking to make available information regarding job vacancies on their behalf or other’s behalf including agencies purchasing for multiple parties (“Recruiters”). For the purposes of these Terms & Conditions all references to “you” or “your” shall mean you, the individual or organisation using the Site in your capacity as an Advertiser.

1. When you create an account as an Advertiser and post your job adverts, including links to third-party websites, you agree that these Terms and Conditions and any terms associated with any Smart Thinking Service you are using, and all of Smart Thinking’s policies including their Privacy and Cookie Policy, apply to you.
2. As an Advertiser your account is for business use only and not for personal use. You are responsible for keeping your account details safe and secure. If you know or suspect that anyone other than you knows your account details, you must promptly notify Smart Thinking at [email protected].
3. The information and services available on the Site are provided for the sole purpose of Advertisers seeking to recruit staff. You may use, print and download information from the Site for the purposes identified in this clause 3 only and for no other personal or commercial purpose.
4. Smart Thinking is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party.
5. By signing up for a Smart Thinking account you agree to receive mandatory email updates regarding activity related to your Smart Thinking account.
6. Smart Thinking reserves the right to remove or delete any email address or name that we believe to be untrue or inaccurate.
7. If Smart Thinking has a credit card on file belonging to an Advertiser to pay for one of our products or services Smart Thinking may charge that card for any additional products or services an Advertiser subsequently orders.
8. You are responsible for the contents of any job adverts submitted for publication and agree that Smart Thinking is not responsible for such content and excludes any and all liability for such content, including as to whether such content is legal or not.
9. You are solely responsible for securing and backing up your content.
10. You agree that Smart Thinking may reject or remove any job advert for any reason in its sole discretion.
11. 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.
12. You shall indemnify Smart Thinking from any third party claim or liability arising out of any job advert created by or posted by you. Smart Thinking have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Site constitutes a violation of their intellectual property rights, or their right to privacy.
13. Smart Thinking may make job advert analytics data available on the Site and may provide such data regarding your account to anyone at your company at Smart Thinking’s discretion.
14. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance and Smart Thinking has notified you of this and you have failed to rectify the situation within 30 days’ then Smart Thinking reserves the right to suspend your use of any product or Service including but not limited to those products or services that are unpaid.
15. Smart Thinking provides filters to help Job Seekers search through job adverts and these categories (e.g. location) are created independently and entirely by Smart Thinking.
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. We will only use your personal information as set out in our Privacy Policy.
18. We do not guarantee that the Site will be secure or free from bugs or viruses. Advertisers are responsible for configuring their information technology, computer programmes and platform to access the Site. Advertisers should use their own virus protection software.
19. These Terms and Conditions, their subject matter and their formation, are governed by English law. It is agreed by the parties that the courts of England and Wales will have exclusive jurisdiction.
20. All copyright, database rights and other intellectual property rights in the Site and the material available on the Site belongs to Smart Thinking Platform Ltd. Use of the Site does not give an Advertiser or Recruiter any proprietary rights in such materials.
21. Any content you upload to the Site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant Smart Thinking and other users of the Site a limited licence to use, store and copy that content and to distribute and make it available to Job Seekers.

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.smartthinking.org.uk and 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 [email protected]. 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).

Smart Thinking Payment Terms & Conditions

These are the terms and conditions (“Terms and Conditions”) which apply to your purchase of a job advert on www.smartthinking.org.uk and www.smartthinkingjobs.co.uk (“the Site”).

1. The Site and services are provided by Smart Thinking, a trading name of Smart Thinking Platform Ltd, registered in England & Wales (No. 10666023) and with a registered office at 71-75 Shelton Street, London, WC2H 9JQ, United Kingdom (“we”, “us”, “our”). When we refer to “you” and “your” we mean the advertiser (“the Advertiser”) using the Site and submitting job adverts for publication.
2. These Terms and Conditions form a legally binding contract between us and you.
3. Your acceptance of the Terms and Conditions is given when you purchase services from us. You should read these Terms and Conditions carefully before buying services from this Site.
4. We reserve the right to change these Terms and Conditions under which the Site and the services are provided. Any such change in these Terms and Conditions will be effective to all new orders once included in the text of these Terms and Conditions and published on the Site. You should check the Terms and Conditions posted on the Site periodically to ensure that you are aware of and comply with the current version.
5. We try to make sure that all information on the Site, including prices, are accurate and correct at all times. We will try to resolve all information errors on the Site as soon as reasonably possible but we will not be liable to you for any errors on the Site.
6. You are responsible for ensuring that your login details, password and all other details in relation to your account remain confidential at all times.
7. You make an offer to purchase a product from us (your “Order”) by completing the staged process on the Site as set out below:
   1. Creating an Advertiser account
   2. Submitting the job or internship advert details
   3. Payment information – check out
   4. Confirmation of orderand receipt – received via email
8. Your Order only constitutes an offer to purchase services from us, and does not form a binding contract until accepted by us. Where you submit more than one job advert your Order contains a series of offers for each advert individually.
9. On receipt of your Order and payment, we will send you an Order Confirmation and receipt email to the email address which you provide in the Order process. This Order Confirmation email will contain your Order number and details of job advert(s) submitted.
10. We must receive full payment of the price of the services before we can accept any offers. Where you select to pay by credit or debit card we will process the payment at the time of the Order being confirmed.
11. We use the services of Stripe. Your personal information will only be shared with Stripe for the purpose of processing your payment.
12. An offer made by you to purchase a service shall only be deemed to be accepted by us when we accept payment and publish the job advert. We reserve the right to refuse any offers in an Order prior to acceptance.
13. Prices and charges on the Website are in UK pounds sterling. International credit card providers or banks will determine the exchange rate and may add an additional processing or administration fee if your Order has to be converted to a currency other than UK pounds sterling.
14. If Smart Thinking has a credit card on file belonging to an Advertiser to pay for one of our products or services Smart Thinking may charge that card for any additional products or services an Advertiser subsequently orders.
15. When you place an order through the Site we need to know your name, e-mail, phone number, address and credit card details. This allows us to process and fulfil your order successfully. When you place your order we use a secure server. The secure server software (SSL) encrypts all information you input before it is sent to us. Furthermore, all of the sensitive customer data we collect is protected by several layers of encryption and several layers of security to prevent unauthorised access.
16. All prices are, unless otherwise stated, exclusive of VAT and other applicable taxes. Your receipt will be a VAT receipt.
17. Discount codes are discretionary and may be removed without notice.
18. You can, at any time 24 hours after submitting a job advert change your mind and cancel your Order. You must email [email protected] to inform us that you do not wish for your job advert to be published and we will return any amount received by you.
19. Refunds can take up to 5 days to process. We will refund to the payment card the price paid for the services cancelled to us within 5 days of receipt of a cancellation email from you.
20. You should keep evidence of having given your cancellation notice, such as your email to us.
21. We cannot accept cancellations received more than 24 hours since the Order was confirmed. We will take your job advert down but cannot offer a refund.
22. Nothing under these Terms and Conditions affects your statutory rights.
23. We will not be responsible for the performance of any obligations under these Terms and Conditions in the case of an event outside of our reasonable control (force majeure), including (but not limited to) pandemics, strikes, lockouts, failures of third party systems or networks, acts of god, fire, earthquake, storm, flood or other natural disaster, civil unrest, acts of terrorism, deliberate sabotage of or malicious damage to equipment or data or for damage to or destruction of premises or equipment.
24. All notices which we need to give to you under these Terms and Conditions will be sent by us to your registered email address.
25. These Terms and Conditions set out the entire agreement between you and us in respect of the sale, purchase and use of the services. They supersede any previous agreement or understanding in relation to the subject matter hereof.
26. If any provision of these Terms and Conditions is held by any competent authority to be invalid or unenforceable in whole or in part, the validity of the other provisions (and the remainder of the provision in question) shall be unaffected.
27. Save to the extent that you exercise your right as a consumer to bring an action in or rely on the laws of your country of domicile, the interpretation, construction, effect and enforceability of these terms and conditions shall be governed by English Law, and you and we agree to submit to the exclusive jurisdiction of the English courts for the determination of disputes.
28. Whilst we sincerely hope that you have a satisfactory experience with the Site, if you do have a complaint please email [email protected] and we will endeavour to respond as promptly as possible.