WEBSITE TERMS OF USE AND ACCEPTABLE USE POLICY

  1. 1. Acceptance of these terms

    1. 1.1. www.cygnetsearch.com (‘Website’) is a site operated by Swann Global UK Limited (whom we refer to as ‘we’ and by related words such as ‘us’ and ‘our’).

    2. 1.2. By using the Website, you confirm that you accept and will comply with these terms of use (the ‘Website Terms’).

    3. 1.3. If you do not agree with the Website Terms, you must not use the Website.

    4. 1.4. You may wish to print a copy of these Website Terms for future reference (but subject to our right to amend these terms, as set out in paragraph 12.1).

  2. 2. Our details

    1. 2.1. We are registered in England and Wales under company number 12049388 and have our registered office at Level 5, 2 More London Riverside, London SE1 2AP.

    2. 2.2. We are part of a group of companies specialising in the search-and-select industry.

    3. 2.3. To contact us, please email cygnet@cygnetsearch.com.

  3. 3. Other terms that may apply to your website use

    1. 3.1. In addition to the Website Terms, the following additional terms also apply to your use of the Website:

      1. 3.1.1. our Privacy Policy, which sets out the way in which we deal with personal data; and

      2. 3.1.2. our Cookie Policy, which sets out information about the cookies on the Website.

  4. 4. Provision of the Website

    1. 4.1. The Website is made available free of charge to those permitted to use it.

    2. 4.2. The Website is not for use by children and we do not knowingly collect data from children.

    3. 4.3. We do not guarantee that the Website, or any content on it, will always be available, uninterrupted or error-free.

    4. 4.4. We may suspend, withdraw or restrict the availability of all or any part of the Website for business or operational reasons.

  5. 5. Your use of material on the website

    1. 5.1. Save where we state otherwise, we are the owner or licensee of all intellectual property rights in the Website and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. 5.2. You may print one copy, and may download extracts, of any page from the Website where this will enable your authorised use of the Website. You must not modify any materials you have printed or downloaded, and our status as owner of the Website must always be acknowledged.

    3. 5.3. You must not use any part of the content on the Website for commercial purposes without our written consent.

    4. 5.4. You are responsible for ensuring that all persons who access the Website through your internet connection are aware of, and comply with, these Website Terms and other applicable terms and conditions.

  6. 6. Information on the website

    1. 6.1. The content on the Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from taking, any action on the basis of the content on the Website.

    2. 6.2. Although we make reasonable efforts to update the information on the Website, we make no representations, warranties or guarantees, whether express or implied, that the content on the Website is accurate, complete or up to date.

    3. 6.3. Where the Website contains links to other sites, these are provided for your information only. The presence of a link should not be interpreted as approval by us of the contents of the linked websites.

  7. 7. Security

    1. 7.1. If you choose, or are provided with, a user identification code, password or other information as part of our security procedures, you must treat such as confidential and not disclose it to any third party.

    2. 7.2. We have the right to disable any user identification code or password at any time if, in our reasonable opinion, you have failed to comply with any provision of these Website Terms.

  8. 8. Uploading content; prohibited use

    1. 8.1. Whenever you upload content to the Website, you must observe these Website Terms. In particular, you may not use the Website:

      1. 8.1.1. in a way that breaches any applicable local, national or international law or regulation;

      2. 8.1.2. in a way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;

      3. 8.1.3. for the purpose of harming or attempting to harm others in any way;

      4. 8.1.4. to bully, insult, intimidate or humiliate any person;

      5. 8.1.5. to send, knowingly receive, upload, download or use any material that does not comply with these Website Terms;

      6. 8.1.6. to transmit, or procure the sending of, spam including any unsolicited or unauthorised advertising or promotional material.

    2. 8.2. You agree not to access without authority, interfere with, damage or disrupt:

      1. 8.2.1. any part of the Website;

      2. 8.2.2. any equipment or network on which the Website is stored;

      3. 8.2.3. any software used in the provision of the Website; or

      4. 8.2.4. any equipment or network or software owned or used by any third party.

    3. 8.3. All content that you upload must be accurate and based on your genuine belief and must not be defamatory, obscene, sexually explicit, potentially intimidatory or humiliating, unlawfully discriminatory, or in breach of any law or the ruling of any court or tribunal.

    4. 8.4. Any content you upload to the Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content but you grant us a limited licence to use, store and copy that content and to distribute and make it available to third parties for the purposes of enabling the functionality of the Website, to comply with law and regulation, and to maintain suitable records.

    5. 8.5. We may disclose your identity to any third party who is claiming that any content posted or uploaded by you to the Website constitutes a violation of their rights.

    6. 8.6. You are solely responsible for securing and backing up your content.

  9. 9. Linking

    1. 7.1. You must not link to the Website.

    2. 7.2. If you wish to link to, or make any use of content on, the Website other than as set out in the Website Terms, please contact us at cygnet@cygnetsearch.com.

  10. 10. Viruses

    1. 10.1. We do not guarantee that the Website will be secure or free from bugs or viruses.

    2. 10.2. You are responsible for configuring your information technology, computer programmes and Website to access the Website. You should use your own virus-protection software.

    3. 10.3. You must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack the Website via a denial-of-service attack or a distributed-denial-of-service attack.

  11. 11. Breach of these terms

    1. 11.1. Failure to comply with these Website Terms may result in our taking all or any of the following actions:

      1. 11.1.1. immediate temporary or permanent withdrawal of your right to use the Website;

        1. (a)    your right to use the Website;

        2. (b)    any material uploaded by you to the Website;

      2. 11.1.2. issue of a warning to you;

      3. 11.1.3. legal proceedings against you;

      4. 11.1.4. disclosure of such information to law enforcement authorities as we believe is necessary or as required by law.

  12. 12. Our responsibility for loss or damage suffered by you

    1. 12.1. We do not exclude or limit our liability to you where it would be unlawful to do so, for example for fraud or fraudulent misrepresentation on our part.

    2. 12.2. So far as is compatible with law, we exclude:

      1. 12.2.1. all implied conditions, warranties, representations or other terms that may apply to the Website or any content on it; and

      2. 12.2.2. any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

        1. (a) use of, or inability to use, the Website; or

        2. (b) use of, or reliance on, any content displayed on the Website.

    3. 12.3. In relation to business users, we additionally exclude liability for:

      1. 12.3.2. business interruption;

      2. 12.3.3. loss of anticipated savings;

      3. 12.3.4. loss of business opportunity, goodwill or reputation; and

      4. 12.3.5. any indirect or consequential loss or damage.

  13. 13. Amendment; transfer

    1. 13.1. We may amend these Website Terms from time to time. Every time you wish to use the Website, please check these Website Terms to ensure you understand the terms that apply at the time.

    2. 13.2. We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights.

  14. 14. Jurisdiction

    1. 14.1. These Website Terms, including their subject matter and formation (and any non-contractual disputes or claims in relation to them), are governed by English law.

    2. 14.2. Any dispute arising in relation to these Website Terms will be subject to the exclusive jurisdiction of the courts of England and Wales.