Terms of Use

These Terms of Use for Candidates and Visitors govern use of www.counselpath.com and all associated web pages (“Platform”), as well as all related tools, applications, data and software. These Terms of Use are applicable to candidates using the Platform (hereinafter referred to as: “Candidate”, “you”, “your”).

Before starting to use the Platform, you must become acquainted with these Terms of Use and the Privacy Policy which supplements these Terms of Use. The Services and the Platform functionalities are provided and performed by Counselpath LTD (“Counselpath”, “we”, “us”, “our”) whose company registration number is 13323385 and registered office is 167-169 Great Portland Street, London, W1W 5PF, and who is the owner and administrator of the Platform. Other definitions are provided at the end of these Terms of Use.

By using our Platform you acknowledge that you have become acquainted with the Terms of Use and accept them without reservations. 

These Terms of Use apply to the fullest extent provided for by law of the applicable jurisdiction.

1. INTRODUCTION   

Upon starting to use the Platform, you agree and represent that: (i) you are authorised to conclude the Agreement with us; (ii) you are familiar with these Terms of Use; (iii) you will use the Services in accordance with their intended use, applicable legal provisions, social standards and rules of social conduct, and the provisions of these Terms of Use; (iv) personal and professional information you provide on the platform about yourself is true and accurate to the best of your knowledge.

Counselpath reserves the right to refuse to conclude the Agreement and at any time terminate the Agreement with immediate effect towards any entity which we have reasonable grounds to believe has filed false representations referred to above.

Any matters not regulated in these Terms of Use are governed by the Terms of Use for Employers.

2. USING THE PLATFORM

In order to access all functionalities of the Platform, you must satisfy the following minimum technical requirements: (i) a device with Internet access which enables the correct and unlimited display of the Platform interface; (ii) an active e-mail account; (iii) an installed and updated Internet browser of the standard equivalent to the latest version of Chrome, Safari, FireFox; (d) enabled cookie support. 

Upon starting to use the Platform you agree that by means of the Services and within the Platform, you will not: (a) undertake any actions which may hinder or impede the functioning of the Services and use the Services in a manner onerous to Employers or other Candidates; (b) undertake any actions to the detriment of Employers, other Candidates, third persons or Counselpath; (c) use the Services against their purpose; (d) disseminate unsolicited commercial information, junk mail, spam or other types of mail which may include message not connected with your search for employment opportunities.

The Platform may contain third-party advertisements (including affiliate marketing) for which Counselpath may receive remuneration on commercial conditions.

You understand, accept and acknowledge that Counselpath is obliged neither to improve or update the Platform nor to provide you with technical support or offer any specific content through the Platform. At the same time, Counselpath may update the Platform without notice.

Any trade marks, service marks, trading names, logos, domain names and other elements of the Counselpath brand remain the exclusive property of Counselpath. Please be aware that without our explicit consent you must not use any elements of the Counselpath brand, neither for commercial nor for non-commercial purposes.

3. ACCOUNT

In order to access the Platform and the Services, you must have an active Account.

Each Candidate may have only one Account, which may be transferred or assigned only upon our consent. You may not share your Account with others. 

The Account contains the data provided by you during registration. By sending a request to create the Account, you warrant and represent that the registration information provided by you is true, accurate and up-to-date, and it will remain so throughout the entire term you use the Services, being updated or edited via the Account.

You are solely responsible for what is happening on and through your Account. We may delete your Account if you infringe the provisions of the Terms of Use or the law through use of the Platform.

In order to create an Account on the Platform, you need to follow steps outlined in the registration process, including providing your personal data enabling us to confirm your identity and professional background. 

We make the Account available to the Candidates and provide any other Services to the Candidates free of charge. We do not charge the Candidates any fees for the use of the Platform, no matter the duration and extent of use.

4. SCOPE OF COUNSELPATH SERVICES

As part of the Platform, Counselpath provides, among other things, the following Services: (i) enabling the Candidates to browse employment opportunities published by the Employers; ii) enabling the Candidates to apply for employment opportunities published on the Platform; (iii) reviewing Candidates’ applications, in particular in terms of their experience, education and professional qualifications and liaising with Employers with whom the Candidate has applied; iv) providing candidates with assistance in communication and coordination with the Employer regarding the recruitment process; v) access to insights and analytics concerning legal job market through the Counselpath blog, newsletter and other publications.

In order to avoid any doubt, we’d like to emphasize that we are not an attorney in fact or agent of the Employers or the Candidates, and where the Candidate applies as part of a particular recruitment process, it is not guaranteed that the Candidate will be employed or that the relevant Employer will contact the Candidate and invite them to participate in the interview process.

By accepting the Terms of Use, you agree to be included in the Candidate database included within the platform. Counselpath protects your privacy and does not disclose your data to other Candidates or Employers on or outside the Platform. Your personal data will be shared with a particular Employer only if you voluntarily and purposely request to participate in a particular recruitment process by submitting your application to the Employer through the ‘Apply’ feature on the Platform.

The Platform may send notifications to your e-mail address. They may refer to your participation in recruitment processes, including updates on the status of your active applications with relevant Employers (if any). They may also include notifications on new employment opportunities published on the platform, or periodic summaries of currently marketed opportunities. 

5. OTHER PROVISIONS RELATED TO RECRUITMENT

Our Services offer you the possibility of connecting with Employers, an ultimately entering into an Employment Contract with an Employer. Not being a party to such agreement and having no control over your implementation of the provisions of such agreement, Counselpath is not liable for your or the Employer’s failure to satisfy the obligations resulting from any such agreements. By signing these Terms of Use you accept that without reservations. 

In particular, you represent that you agree to take any actions to indemnify Counselpath against any costs, claims or requests which may be sought against Counselpath by third persons or Employers and resulting from your act or omission in connection with these Terms of Use, documents supplementing the Terms of Use, in particular in connection with Employment Contracts concluded between you and Employers.

6. NEWSLETTER

You may sign up for a Newsletter through our website. By doing so, you agree we may send you Newsletters including blog, marketing and third party content. Newsletters will be sent to your e-mail address stated in the sign-up form. You are entitled to revoke your consent to Newsletters at any time, by means of the link included directly in the Newsletter message.

6. AGREEMENT TERM

The Agreement between you and us is concluded for an unlimited period of time, effective from the moment you submit your registration to the Platform. 

You may terminate the Agreement by contacting us at contact@counselpath.com” contact@counselpath.com and requesting the Platform administrator to delete your Account. Deletion of the Account is tantamount to termination of the Agreement.

We may terminate the Agreement with immediate effect without observing the notice period in the following cases: (i) carrying out recruitment in a manner offensive to Employers or other Candidates; (ii) using the Services in violation of the law, the Terms of Use or other terms of Counselpath; (iii) infringing our intellectual property rights; (iv) undertaking actions to the detriment of Employers, other Candidates, third persons or Counselpath; (v) any other significant and gross infringement of the Agreement.

As a result of termination of the Agreement, your Account will be deleted immediately and permanently and you will lose access to any data uploaded on your Account.

7. CONTENT

Any data and information, your documents and content, graphic items, trade marks or photos which you provide onto the Platform constitute the Content. 

You are not allowed to provide any Content of unlawful nature.

When providing the Content, you warrant and represent that: (a) you are the owner or legal holder of the Content, (b) the Content does not infringe third persons’ right(s), good practices or netiquette, (c) you release us from liability for possible claims resulting from the Content, in particular raised by persons who may seek their rights in connection with publication of the Content on the Platform, and undertake to satisfy them in full and to bear all costs incurred on that account by Counselpath.

8. PERSONAL DATA

Any information concerning the processing of your personal data by Counselpath is available in the Privacy Policy. Please be aware that we may share your personal data with a particular Employer for the purposes of facilitating the recruitment process, only in the case you voluntarily and purposely request to participate in a particular recruitment process by submitting your application to the Employer through the ‘Apply’ feature on the Platform.

9. COMPLAINTS

You have the right to file a complaint concerning the operation of the Platform and the Services. The complaint should be sent via e-mail to contact@counselpath.comor the correspondence address of Counselpath. 

The complaint should include at least details enabling identification of you as the complaining person and should state reasonable reservations and comments concerning the Platform or the Services. If the complaint needs to be complemented by further evidence, then we will request you to complement it in response to your complaint.

We will take a stance towards your complaint within 14 days from its receipt. You will receive a response to the address from which you sent the complaint or to the address stated by you in the complaint form.

We neither supervise Employers’ internal recruitment processes nor control the activity of the Candidates or other Platform users; in any matters related to their actions or services, you should contact directly the relevant entities. 

10. THIRD-PARTY LINKS AND ADS

The Platform may contain links to third-party sites or websites

The Third-Party Links are not under the control of Counselpath; therefore, Counselpath may not be responsible for any Third-Party Links and Ads and content contained there. Counselpath provides access to these Third-Party Links only as an improvement of the Platform, and does not review, approve, monitor or grant any warranty with respect to the Third-Party Links and Ads.  You use the Third-Party Links and Ads at your own risk. Therefore, you should apply appropriate safeguards and exercise due care while doing so.  

You should also take into account that when you click on a Third-Party Link and Ad, the relevant terms of use and privacy policy applicable under such link become binding upon you.

11. DISCLAIMERS

Our Services are provided on an “as-is” basis and Counselpath expressly disclaims any and all warranties and conditions of any kind which are not expressly stated in the Terms of Use or legal provisions, whether express, implied or statutory. Counselpath does not guarantee that the Platform will meet your expectations or that it will be available uninterruptedly, or that it will be free from defects and reliable. No advice (in particular provided by our Customer Support team) or information, whether verbal or written, obtained by your from Counselpath constitutes a guarantee on the part of Counselpath in the concerned matter. If the applicable law requires any warranty with respect to the provided Services, then the duration of all such warranties is limited to 90 days from the date of creation of the Account.

Counselpath reserves all rights to the Platform which are not granted to its users in an express manner under the Agreement. Without limitation, no party is allowed under the Agreement: (i) reproduce, disseminate, lend, dispose of or otherwise redistribute 
the Platform, directly or indirectly, whether against charge or free of charge, otherwise than through Counselpath, (ii) modify, reverse engineer or otherwise interfere in the software of the Platform, (iii) use and develop the intellectual property belonging to Counselpath for the purpose of creating own products and services, (v) use the intellectual property belonging to Counselpath for a fraudulent purpose or to the disadvantage of Counselpath. Each behaviour that meets the foregoing prerequisites will be treated as a gross breach of the conditions of the Agreement.

We reserve that any change within the Platform does not constitute an amendment to the Agreement.

12. LIMITATION OF LIABILITY

Counselpath will not be liable to the Candidate or third persons for any lost profits, lost data or any damage arising from the Candidate’s use of the Platform or inability to use the Platform. In particular, Counselpath will not be liable for any damage resulting from Candidate’s use of the Services which is contrary to the usual or the intended use of the Platform or damage caused by an unintentional fault. The Candidate accesses and uses the Platform at his/her sole discretion and at his/her own risk. 

To the fullest extent permitted by the law, the Candidate hereby forever discharges Counselpath (and its officers, management board members, employees, agents, legal successors and assigns) from liability on account of each and every past, present and future dispute, claim, conflict, demand, right, obligation, liability, action and cause of action of every kind and nature (including personal injuries and property damage) that has arisen or arises directly or indirectly out of the use of the Platform or that relates directly or indirectly to the Services (including any interactions with other Platform users or connected with any Third-Party Links and Ads). The Candidate also waives any claims on account of such liability in the foregoing scope. 

Irrespective of the foregoing, Counselpath will not be liable for any damage resulting from: (i) 

temporary difficulties in access to the Counselpath Platform caused by upgrades, changes or updates; (ii) any defect of the software, whereby we will take every effort to prevent any errors in the software; (iii) any act or omission of the Candidate, Employers, other Candidates or third persons, including in violation of the law, the Agreement, the Privacy Policy, the Terms of Use, Terms of Use for Employers or good practices; (iv) any act or omission of third parties, in particular providers of Internet connection or hosting; (v) unintentional act or omission of Counselpath.

We will also not be held liable for the content of Employers’ offers, in particular for their accuracy or correctness. You accept that Counselpath has limited means of verifying the truthfulness and accuracy of Employer data, and when making decisions relying on such data, in particular without verifying them, you do that at your own and exclusive risk.

13. AMENDMENT TO THE TERMS OF USE

Counselpath may amend these Terms of Use at any time.

You will be notified of any amendment to these Terms of Use by an e-mail sent to the address indicated at registration of the Account at least 7 (seven) days before the new Terms of Use come into effect. The new Terms of Use will come into force on the date stated in their content as the effective date. 

If the Candidate fails to terminate the Agreement by the said date, he/she will be deemed to have accepted the Terms of Use in their amended wording. If you fail to file such termination notice, then until the end of the notice period you will be subject to the Terms of Use in their unchanged wording. 

The Privacy Policy and the Terms of Use for Employers constitute an integral part of neither these Terms of Use nor the Agreement. No amendment of the abovementioned documents constitutes an amendment of the Agreement. 

14. DISPUTE RESOLUTION AND ARBITRATION

This Agreement and all disputes arising out of or related to this Agreement will be governed by the law of England and Wales.

In the case of Candidates from beyond the European Union, these Terms of Use impose an obligation to submit to arbitration rather than to jury trials or class actions to resolve disputes and also limit the remedies available to such candidates in the event of a dispute. All disputes arising out of or in connection with this Agreement, or the breach, termination or invalidity thereof, will be settled under the Rules of Arbitration of the International Chamber of Commerce by one or more arbitrators appointed in accordance with the said rules. The place of arbitration will be London, UK, if not otherwise agreed by the conflicting Parties. The arbitration procedure will be held in English. The arbitration award will be final and binding upon the Parties. The Parties, their representatives, any other participants and arbitrators are subject to confidentiality obligation with regard to existence, subject matter and result of the arbitration. The arbitrator’s decision will be final and binding. These Terms of Use prescribe settlement of disputes by arbitration only.

Even if the governing law states otherwise, the Candidate waives the right to participate in a class action. If it is allowed under applicable legal provisions, each party agrees that a party may seek claims against the other party only individually and not as the petitioner or a member of a class initiating class action in any intended class action lawsuit.

No arbiter or judge may combine claims of more than one person or otherwise examine any form of class action without the consent of both you and Counselpath.

15. FINAL PROVISIONS

The rights and obligations resulting from these Terms of Use are governed exclusively by the law of England and Wales.

If in line with relevant provisions of the generally applicable law, within the frames of the Agreement the Candidate has the status of a consumer, then none of the provisions of the Terms of Use limiting his/her rights connected with that are applicable. In such case, the provisions of the generally applicable law referring to such rights of the Candidate as a consumer or related obligations of Counselpath are applicable instead of such provisions of the Terms of Use. 

If any provision of these Terms of Use proves invalid in part or entirely, then the other provisions remain effective, whereas the remaining part of the Terms of Use is to be interpreted in such a manner so as their legal effect and economic implications to the highest extent correspond to those of the invalid provisions.

If Counselpath fails to exercise any of its rights resulting from these Terms of Use, this does not mean that Counselpath has waived such rights. 

Headings of particular sections are for reference purposes only, and are not legally binding. 

The Candidate may not transfer the rights or delegate the obligations resulting from the Terms of Use, including the Agreement, to third persons without prior written consent of Counselpath.

These Terms of Use along with any supplementing documents constitute the entire agreement between the Parties and replace any prior arrangements between the Parties, whether oral or written, referring to the subject matter of these Terms of Use. 

These Terms of Use are applicable to the fullest extent permitted by law. 

16. DEFINITIONS

These Terms of Use come into force on 1 December 2021.