Sixley | Terms&conditions

Terms & conditions

Sixley Terms & Conditions

The following are the terms and conditions for:

  • A. Use of Sixley.com and its subdomains
  • B. Hiring through Sixley
  • C. Recommending or applying for roles via Sixley

A. Use of Sixley.com and its subdomains: Terms and Conditions

Background:

These Terms and Conditions, together with any and all other documents referred to herein, set out the terms of use under which you may use this website, Sixley.com and any of its subdomains (“Our Site”).  Please read these Terms and Conditions carefully and ensure that you understand them. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of Our Site. If you do not agree to comply with and be bound by these Terms and Conditions, you must stop using Our Site immediately.

Last updated: 16th September 2020

1. Definitions and Interpretation
  • 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Content” means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site; and
“We/Us/Our” means Sixley Ltd, a company registered in England under number 10880590 whose registered office is at 85 Great Portland Street W1W 7LT.
2. Information About Us
  • Our Site, Sixley.com and its subdomains, is owned and operated by Sixley Ltd, a company registered in England under number 10880590 whose registered office is at 85 Great Portland Street W1W 7LT.
3. Access to Our Site
  • 3.1 Access to Our Site is free of charge.
  • 3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
  • 3.3 Access to Our Site is provided “as is” and on an “as available” basis.  We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice.  We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4. Intellectual Property Rights
  • 4.1 All Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content is protected by applicable United Kingdom and international intellectual property laws and treaties.
  • 4.2 Subject to sub-Clause 4.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
  • 4.3 You may:
  • 4.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
  • 4.3.2 Download Our Site (or any part of it) for caching;
  • 4.3.3 Print one copy of any page from Our Site;
  • 4.3.4 Download extracts from pages on Our Site; and
  • 4.3.5 Save pages from Our Site for later and/or offline viewing.
  • 4.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
  • 4.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so.
5. Links to Our Site
  • 5.1 You may link to Our Site provided that:
  • 5.1.1 You do so in a fair and legal manner;
  • 5.1.2 You do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
  • 5.1.3 You do not use any logos or trade marks displayed on Our Site without Our express written permission;
  • 5.1.4 You do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
  • 5.2 You may not link to any page other than the homepage of Our Site, Sixley.com.  Deep-linking to other pages requires Our express written permission.
  • 5.3 You may not link to Our Site from any other site the main content of which contains material that:
  • 5.3.1 is sexually explicit;
  • 5.3.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
  • 5.3.3 promotes violence;
  • 5.3.4 promotes or assists in any form of unlawful activity;
  • 5.3.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
  • 5.3.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
  • 5.3.7 is calculated or is otherwise likely to deceive another person;
  • 5.3.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy;
  • 5.3.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 5.4);
  • 5.3.10 implies any form of affiliation with Us where none exists;
  • 5.3.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
  • 5.3.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
6. Links to Other Sites
  • Links to other sites may be included on Our Site.  Unless expressly stated, these sites are not under Our control.  We neither assume nor accept responsibility or liability for the content of third party sites.  The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
7. Disclaimers
  • 7.1 Nothing on Our Site constitutes advice on which you should rely.  It is provided for general information purposes only.
  • 7.2 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure.
  • 7.3 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date.  We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
8. Our Liability
  • 8.1 To the fullest extent permissible by law, We accept no liability to any user for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content included on Our Site.
  • 8.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
  • 8.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
  • 8.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware.  We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
  • 8.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
  • 8.6 Nothing in these Terms and Conditions excludes or restricts Our liability for fraud or fraudulent misrepresentation, for death or personal injury resulting from negligence, or for any other forms of liability which cannot be excluded or restricted by law.  For full details of consumers’ legal rights, including those relating to digital content, please contact your local Citizens’ Advice Bureau or Trading Standards Office.
9. Viruses, Malware and Security
  • 9.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
  • 9.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
  • 9.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
  • 9.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
  • 9.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
  • 9.6 By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them.  Your right to use Our Site will cease immediately in the event of such a breach.
10. Acceptable Usage Policy
  • 10.1 You may only use Our Site in a manner that is lawful.  Specifically:
  • 10.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
  • 10.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
  • 10.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
  • 10.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
  • 10.2 We reserve the right to suspend or terminate your access to Our Site if you materially breach the provisions of this Clause 10 or any of the other provisions of these Terms and Conditions.  Specifically, We may take one or more of the following actions:
  • 10.2.1 suspend, whether temporarily or permanently, your right to access Our Site;
  • 10.2.2 issue you with a written warning;
  • 10.2.3 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
  • 10.2.4 take further legal action against you as appropriate;
  • 10.2.5 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
  • 10.2.6 any other actions which We deem reasonably appropriate (and lawful).
  • 10.3 We hereby exclude any and all liability arising out of any actions (including, but not limited to those set out above) that We may take in response to breaches of these Terms and Conditions.
11. Privacy and Cookies
  • Use of Our Site is also governed by Our Cookie and Privacy Policies, available from Sixley.com/cookies and Sixley.com/privacypolicy.  These policies are incorporated into these Terms and Conditions by this reference.
12. Changes to these Terms and Conditions
  • 12.1 We may alter these Terms and Conditions at any time.  Any such changes will become binding on you upon your first use of Our Site after the changes have been implemented.  You are therefore advised to check this page from time to time.
  • 12.2 In the event of any conflict between the current version of these Terms and Conditions and any previous version(s), the provisions current and in effect shall prevail unless it is expressly stated otherwise.
13. Contacting Us

To contact Us, please email Us at hello@sixley.com or using any of the methods provided on Sixley.com.

14. Communications from Us
  • 14.1 If We have your contact details, We may from time to time send you important notices by email.  Such notices may relate to matters including, but not limited to, service changes and changes to these Terms and Conditions.
  • 14.2 We will never send you marketing emails of any kind without your express consent.  If you do give such consent, you may opt out at any time.  Any and all marketing emails sent by Us include an unsubscribe link.  If you opt out of receiving emails from Us at any time, it may take up to 15 business days for Us to comply with your request.  During that time, you may continue to receive emails from Us.
  • 14.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at hello@sixley.com.
15. Data Protection
  • 15.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
  • 15.2 For complete details of Our collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of your rights and how to exercise them, and personal data sharing (where applicable), please refer to Our Privacy Policy Sixley.com/privacypolicy and Cookie Policy Sixley.com/cookies.
16. Law and Jurisdiction
  • 16.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by, and construed in accordance with the law of England and Wales.
  • 16.2 If you are a consumer, you will benefit from any mandatory provisions of the law in your country of residence. Nothing in Sub-Clause 16.1 above takes away or reduces your rights as a consumer to rely on those provisions.
  • 16.3 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England and Wales.
  • 16.4 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England and Wales.

B. Hiring through Sixley: Terms and Conditions

Background

Sixley is a peer-to-peer recommendations platform that allows individuals to express interest in or recommend their peers for roles posted by hiring companies.

1. Definitions and Interpretation
  • 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

 

“Sixley”

means Sixley Ltd a company registered in England under number 10880590 whose registered office is at 85 Great Portland Street W1W 7LT;

“Applicant”

means any person introduced by Sixley to the Client for a job role;

“Candidate”

means any Applicant that the Client has been Mutually Introduced to;

“Client”

means any person, firm or company including any associates or subsidiaries to whom an Applicant or Candidate is introduced;

“Confidential Information”

means any information concerning either Party and relating to its business methods, plans, systems, finances or projects; its trade secrets; its products or services; or any other information which is expressly described as confidential;

“Hirer Dashboard”

Any form of tool or communication mechanism stipulated by Sixley for the Client to view, categorise, change or update the status of Applicants and Candidates;

“Introduction”

an introduction will be deemed to have taken place where Sixley has provided a Client with any information concerning a Candidate;

“Mutually Introduced”

means where Sixley has sent an email to the Client with the purpose of connecting the Applicant with the Client;

“Platform Fee”

means the fee payable by the Client to Sixley in accordance with these Terms and Conditions, for the use of the platform in conducting a Search irrespective of outcome;

“Posting a Job”

means the act of a Client using the Sixley platform to advertise a role and contact potential recommenders;

“Remuneration”

means any salary, fees, bonuses, commission, allowances, or any other financial benefit payable to, or received by a Candidate for services to a Client;

“Search”

means a job search for the role specified by the Client and undertaken via the Sixley platform with the aim of introducing to the Client Applicants or Candidates; and

“Success Fee”

means the fee payable by the Client to Sixley in accordance with these Terms and Conditions, on the introduction of a Candidate to a Client which results in the Engagement of a Candidate;

 

 
 
2. The Contract

  • 2.1 Any and all business entered into by Sixley is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by an authorised officer of Sixley.

  • 2.2 The Client shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon Posting a Job on Sixley

  • 2.3 Sixley may update these Terms and Conditions from time to time for legal or regulatory reasons. Sixley will make reasonable efforts to notify Clients, Applicants and Recommenders of any changes.
  • 2.4 These Terms and Conditions supersede all previous terms of business.
3. Fees

  • 3.1 For each Search undertaken on behalf of a Client, Sixley will charge the following:

  • 3.1.1. A Platform Fee as accepted by the Client in the ‘Post a Job’ section of the Sixley platform and individual to each Search; and

  • 3.1.2. A Success Fee as accepted in the ‘Post a Job’ section of the Sixley platform and individual to each Search

  • 3.2 Where the Success Fee is determined as a percentage of salary, the following shall; apply:

  • 3.2.1 Salary is defined as the employee’s first year salary including any guaranteed cash bonus

  • 3.3. The Platform Fee will become immediately due once the Client has stated via Sixley’s online platform that they wish to proceed with a Search

  • 3.4 When the Applicant or Candidate has signed their employment contract with the Client, the Success Fee will become immediately due from the Client.

  • 3.5 The Client agrees to provide Sixley (at time of signing the employment contract) with details of the compensation to be paid to the Applicant or Candidate and, should Sixley so request, a copy of the Applicant’s or Candidate’s contract of employment with the Client.

  • 3.6 The Client acknowledges that it is liable to pay the Success Fee where an Applicant or Candidate accepts employment in any capacity with the Client within 12 months from the date on which he or she was introduced by Sixley to the Client.

  • 3.7 No Success Fee shall be charged where an Applicant was already being actively considered by the Client for the role prior to being introduced by Sixley and where the Client has promptly indicated such in the Hirer Dashboard.

  • 3.8 Notwithstanding Clause 8, the Client agrees that once Sixley has been notified that the Applicant or Candidate has signed their employment contract, no refund shall be payable by Sixley unless otherwise agreed in writing in advance of the Search being undertake

4. Introductions
  • 4.1 An Introduction is deemed to have taken place once an Applicant’s details have been provided in the Hirer Dashboard on the Sixley platform.
  • 4.2 The Client agrees to promptly review each Applicant that appears in the Hirer Dashboard and to confirm whether they:
  • 4.2.1 are already actively considering or are in discussions with the applicant for that role; or
  • 4.2.2 want Sixley to reject the Applicant without the Client verbally, digitally or physically meeting the Applicant; or
  • 4.2.3 want to contact the Applicant for the purposes of considering them for the role; or
  • 4.2.4 want to delay the decision on either contacting or rejecting the Applicant
  • 4.3 Except where the Client is actively considering the Applicant for the role prior to the Applicant being displayed on the Hirer Dashboard, the Client agrees that they or their agents will not contact the Applicant unless and until the Client and the Applicant are Mutually Introduced by Sixley via email and confirmed in the Hirer Dashboard.
  • 4.4 Upon an Applicant being Mutually Introduced to the Client as a result of the Client confirming that they wish to meet them via the Hirer Dashboard, they shall become a Candidate.
  • 4.5 The Client is responsible for communicating with, managing, hiring or rejecting Candidates and for any necessary checks and regulatory requirements regarding the consideration of a Candidate.
  • 4.6 The Client undertakes to promptly inform Sixley within 7 working days via the Hirer Dashboard:
  • 4.6.1 if the job search is completed, significantly delayed or abandoned
  • 4.6.2 if any and which Applicants or Candidates have been rejected
  • 4.6.3 if any and which Applicants or Candidates have been hired and have signed an employment contract

  • 4.6.4 when an Applicant or Candidate has signed an employment contract

  • 4.6.5 of information that may be requested by Sixley including but not limited to agreed salary, agreed job title and start dates

5. References, Expenses, Terms Of Employment And Exclusion Of Sixley’s Liability

  • 5.1 The Client acknowledges that Sixley is a digital platform that facilitates hiring companies to ask individuals within their extended network to express interest in a role or to recommended people for roles. Where a person expresses interest in a role Sixley, they are deemed to be an Applicant and their self-entered information is passed on ‘as is’ to the client. Consequently, the relevant data that Sixley receives from and about Applicants is limited and is not screened or confirmed by Sixley.

  • 5.2 The Client is responsible for confirming the Applicant’s identity and eligibility to work. The Client is also responsible for taking up references, required background checks, confirming any professional and academic qualifications that are required for the role and ascertaining the suitability of any Applicant prior to the appointment.  The Client will also be responsible for arranging any medical examination or other investigations of the Candidate and for obtaining any work or other permits.

  • 5.3 The Client agrees to include the following information as part of the Full Job Description placed on Sixley:

  • 5.3.1 the position the Client is seeking to fill, together with a summary of the type of work the Applicant would be required to do, the location and hours at which they would be expected to work, and, if applicable, details of any potential health and safety risks and any steps the Client has taken to limit such risks;

  • 5.3.2 details of the experience, training, qualifications and any authorisations required to be possessed by the Applicant (either as required by law or a professional body, or as the Client considers necessary)

  • 5.4 The Client agrees to inform Candidates and or Sixley upon request by Sixley or the Candidate with details of:

  • 5.4.1 any expenses payable by or to the Applicant

  • 5.4.2 the minimum rate of remuneration and benefits to be offered and the intervals at which payment would be made, and the length of notice an Applicant in such a position would be required to give or entitled to receive, on termination of their engagement

  • 5.5 Sixley cannot accept responsibility for any incorrect information or misrepresentation relayed to the Client in good faith concerning any Applicant or Candidate.  No representation or warranty is made that any Applicant or Candidate is or will be available to fill any vacancy.

6. Waivers And Amendments
  • No amendment or variation of this Agreement shall be effective unless it is made or confirmed in a written document and signed by duly authorised officers of both the Client and Sixley.
7. Data Protection
  • 7.1 In this Clause:
  • 7.1.1 “Data Protection Legislation” means 1) unless and until GDPR is no longer directly applicable in the UK, GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds GDPR;
  • 7.1.2 “GDPR” means EU Regulation 2016/679 General Data Protection Regulation; and
  • 7.1.3 “personal data” means personal data as defined in the Data Protection Legislation.
  • 7.2 All personal data that either Sixley or the Client (“First Party”) may use will be collected, processed, and held by that First Party in accordance with the provisions of Data Protection Legislation and the rights under the Data Protection Legislation of the other party being, as the case may be, either Sixley or the Client (“Other Party”) and the rights under the Data Protection Legislation of any third party.
  • 7.3 For complete details of the First Party’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Other Party’s and any third party’s rights and how to exercise them, and personal data sharing (where applicable), the Other Party should refer to the Privacy Policy of the First Party.
8. Liability And Indemnity

  • 8.1 With the exception of death or personal injury Sixley shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Client as a result of the Introduction of a Candidate to the Client by Sixley, the Search of a Client Introduced by Sixley or the failure of Sixley to Introduce any Candidate to the Client.

  • 8.2 The Client shall indemnify Sixley against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services or out of any breach of any part of these Terms and Conditions.

9. Severance And Governing Law
  • 9.1 If any provision of this Agreement is found by any court, tribunal or administrative body of competent jurisdiction to be wholly or partly illegal, invalid, void, voidable, unenforceable or unreasonable it shall to the extent of such illegality, invalidity, voidness, voidability, unenforceability or unreasonableness be deemed severable and the remaining provisions of this Agreement shall continue in full force and effect.
  • 9.2 This Agreement shall be governed by and construed in accordance with the law of England and Wales and any disputes shall be handled under the exclusive jurisdiction of the English Courts.
10. Termination
  • 10.1 The Client shall have the right to terminate this job search with immediate effect by closing the job via relevant functionality on the Hirer Dashboard or upon five (5) days’ written notice.
  • 10.2 Your obligations to us under Clauses 2, 3, 4, 5, 6, 7 and 8 shall survive any termination of this Agreement
11. Confidentiality And Equal Opportunity
  • 11.1 The Client agrees that all Applicant and Candidate information will be treated in the strictest confidence and for the sole purpose of recruiting specific roles. The Client will ensure that anyone who receives such information is bound to these terms and conditions.
  • 11.2 Sixley conducts its business in accordance with all UK Anti-Discrimination and Anti-Slavery legislation.  Sixley does not discriminate against any prospective Candidate on grounds of race, colour, ethnicity, religion, sex, national origin, age, marital status, health status, sexual orientation or any other attribute prohibited by law.

C. Recommending or applying via Sixley: Terms and Conditions

Background

Sixley is a peer-to-peer recommendations platform that allows individuals to express interest in or recommend their peers for roles posted by hiring companies.

1. Definitions and Interpretation
  • 1.1 In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Sixley” means Sixley Ltd a company registered in England under number 10880590 whose registered office is at 85 Great Portland Street W1W 7LT;
“Applicant” means any person introduced by Sixley to the Client for a job role;
“Applicant” means any person using the Services for the purposes of finding employment;
“Recommender” Means any person using the Services for the purposes of recommending another person for the purposes of identifying an Applicant
“Client” means any person, firm or company including any associates or subsidiaries to whom the Applicant may be introduced;
“Services” means the services provided by Sixley to the Applicant as set out in these Terms and Conditions.
2. The Contract

  • 2.1 Any and all business entered into by Sixley is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by an authorised officer of Sixley.

  • 2.2 The Applicant or Recommender shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon either their submission of any information or data to Sixley; or their making an application to a Client, whichever occurs first.

  • 2.3 The Recommender shall be eligible for any recommender incentive scheme that Sixley may operate from time to time. Any rewards or payments to Recommenders are at the sole discretion of Sixley.

  • 2.4 Sixley may update these Terms and Conditions from time to time for legal or regulatory reasons. Sixley will make reasonable efforts to notify Clients, Applicants and Recommenders of any changes.

  • 2.5 These Terms and Conditions supersede all previous terms of business.

3. The Services
  • 3.1 The Applicant or Recommender shall have the facility to view, recommend a third party or apply for vacancy advertisements that they have been recommended for.
  • 3.2 Sixley shall provide its services at no cost to the Applicant or Recommender.
  • 3.3 Whilst Sixley requires its Clients to ensure that all information provided to it is complete, accurate and up-to-date, Sixley does not provide any warranty or guarantee of any kind that the vacancy advertisements and other information made available to the Applicant or Recommender are complete, accurate and up-to-date.
4. Vacancy Notifications
  • 4.1 If the Applicant or Recommender has chosen to receive email updates of vacancies that are relevant to them directly from Sixley, the provisions of this Clause 4 shall apply.
  • 4.2 Emails shall be sent to the Applicant or Recommender from time to time that contain vacancies submitted to Sixley which match the Applicant’s or Recommender’s criteria.
  • 4.3 Sixley shall be under no obligation to send such emails and cannot make any guarantee with regard to the number of vacancies sent to the Applicant or Recommender.
5. Recommender Information
  • 5.1 In order to use the Services, the Recommender shall be required to provide details which shall include, but not be limited to, those regarding their name, email address and most relevant role.  Sixley requires such details in order to introduce Applicants to Clients for specific vacancies.
  • 5.2 The Recommender shall recommend only those persons who they believe in good faith i) may potentially be interested in applying for a role; and / or ii) may potentially be interested in recommending someone else for the role.
  • 5.3 The Recommender must ensure that the information submitted to Sixley is, to the best of their knowledge, true, accurate and complete.
6. Applicant Information
  • 6.1 In order to use the Services, the Applicant shall be required to provide details which shall include, but not be limited to, those regarding their contact information, qualifications, training, experience, employment history and references.  Sixley requires such details in order to introduce Applicants to Clients for specific vacancies and to match, where relevant, relevant job opportunities to Applicants.
  • 6.2 The Applicant must ensure that all information submitted to Sixley is, to the best of their knowledge, true, accurate, complete and up-to-date.
7. Applications
  • 7.1 When applying for a vacancy, the Applicant must ensure that they:
  • 7.1.1 have read the complete details of the vacancy;
  • 7.1.2 understand the requirements of the vacancy;
  • 7.1.3 meet the requirements of the vacancy;
  • 7.1.4 possess any requisite qualifications required by the vacancy; and
  • 7.1.5 have obtained or applied for any relevant permits or authorisations.
  • 7.2 When completing forms or any other application documents the Applicant shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up-to-date.
  • 7.3 Sixley shall forward the Applicant’s details to Client’s for the purpose of the relevant vacancy only.  In the event that the Applicant wishes to apply for multiple vacancies to the same Client, they must submit separate applications for each vacancy.
  • 7.4 Sixley reserves the right and the discretion to decline to forward applications to its Clients if it considers them to be in breach of these Terms and Conditions.
8. How We Use Your Personal Data (Data Protection)
  • 8.1 All personal information that Sixley may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Applicant’s rights under the GDPR.
  • 8.2 For complete details of Sixley’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Applicant’s rights and how to exercise them, and personal data sharing (where applicable), please refer to Sixley’s Privacy Policy available from www.sixley.com/privacypolicy
9. Liability
  • 9.1 Sixley shall not be liable for any of the following:
  • 9.1.1 The loss of any data, CV’s or other materials submitted by the Applicant;
  • 9.1.2 Any errors or inaccuracies present in the information presented to Applicants including, but not limited to, vacancy advertisements;
  • 9.1.3 The failure of the Applicant to secure employment with any of its Clients whether caused by the negligence of Sixley, its employees or agents, or any other cause;
  • 9.1.4 Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and
  • 9.1.5 Any loss or damage of any kind, howsoever caused arising out of any material submitted to Sixley by the candidate.
  • 9.2 If Sixley is in breach of these Terms and Conditions, we will only be responsible for any losses to the extent that they are a foreseeable consequence to both of us.  Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.
  • 9.3 Nothing in these Terms and Conditions shall exclude or otherwise restrict Sixley’s liability for death or personal injury arising out of its own negligence.
10. Force Majeure
  • Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party.  Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.
11. Relationship of Parties
  • Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between Sixley and the Applicant.
12. Third Parties
  • Nothing in these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to these Terms and Conditions.
13. Severance
  • In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions.  The remainder of these Terms and Conditions shall be valid and enforceable.
14. Modification
  • 14.1 Sixley may modify these Terms and Conditions at any time.  In the event that modifications are made, details of them will be published forthwith at www.sixley.com/termsandconditions.
  • 14.2 If the Applicant or Recommender does not agree to be bound by any modified terms and conditions Sixley may introduce, they should immediately cease using the Services upon publication of those terms and conditions.
15. Law and Jurisdiction
  • 15.1 These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.
  • 15.2 Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.