Candidate Terms

As of 28 January 2023

As of 28 January 2023, these candidate terms (together with the documents referred to in them) (“these Terms”) are the terms on which you register for and use your account with Next City Lawyer (“NCL”, “we”, “us”, “our”), whether through our website (www.nextcitylawyer.com) ("Website”) or through any future mobile application ("App") (together the Website and such App being the “Platform”), for the purposes of receiving advice on applications and/or interviews (“Advice”) to secure vacation schemes and/or training contracts (each a “Position”). 

Other Applicable Terms

• These Terms refer to the following additional terms, which also apply to your use of the Paid Services and the Free Services (each as defined below) and which are incorporated into these terms by reference: 
• ~Our Website Terms of Use, which sets out the terms on which you may use the Platform; and
• ~Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using the Website and/or App, you consent to such processing and you warrant that all data provided by you is accurate (the “Privacy Policy”). 

Registering for an Account and creating a Profile 

• If you are a candidate seeking Advice (a "Candidate") you will need to schedule an appointment with us. 
• In order to schedule an appointment with us: 
• ~you must provide NCL with various personal information about yourself (including your name, address, education history, academic results, email addresses, and phone numbers). All such personal information will be retained and processed in accordance with our Privacy Policy; and 
• ~you may also register for an account when providing the above information. In doing so you must create a password and, in order to prevent fraud, keep it confidential. If you know or suspect that someone else knows your password, you should notify us immediately and change your password. If we have reason to believe that there is likely to be a breach of security or misuse of the Platform, we may require you to change your password or we may suspend your account. 
• Your login is for your personal use only, and you are solely responsible for the form, content and accuracy of any content (including without limitation any information relating to your experience and qualifications) submitted to the Platform. You agree to ensure that your details provided on registration, and any information submitted through your Profile and to us via telephone, video conference and/or email is true and not in any respect inaccurate, misleading, deceptive or likely to mislead or deceive.
• By creating a Profile, you consent to the inclusion of your details on the Platform and/or in our marketing materials so that we are able to assist other Candidates. 
• You agree to notify us immediately of any changes which are relevant to your Profile by informing us through the Platform where possible or by notifying us through our contact form.   
• You can disable, delete, and/or remove your Profile by notifying us through our contact form. This shall not affect your statutory rights. 
• NCL reserves the right to suspend, remove details or content of Candidates from the Platform or cease to work with any Candidate who misuses the Platform in any way. Such misuse includes, but is not limited to: 
• ~sharing login details, 
• ~copying, sharing or selling Advice or anything in connection with, or in relation to, the Advice or any other information found on the Platform, 
• ~providing dishonest or misleading information, 
• ~using automated systems to send multiple requests or messages to the Platform, 
• ~interfering with the integrity or security of the Platform or of any email address connected with NCL, 
• ~uploading any virus, worm or other software agent, phishing or spamming the Platform or any email address connected with NCL, other users or NCL by posting, uploading or emailing any obscene or pornographic comments or images. 

Available Services 

• We will give Candidates access to the following paid services in consideration for monetary payment to be determined between each Candidate and NCL to an account designated by NCL (the “Paid Services”): 
• ~Advice, with respect to applications to law firms (including, but not limited to, long-form applications, CV/cover letter, and any combination thereof);
• ~Advice, with respect to interviews for law firms (including, but not limited to, personal interviews, competency interviews, case study interviews, and any combination thereof); and
• ~services and tools to enable you to assist you with securing a Position. 
• We will additionally give Candidates access to free services (the “Free Services”), including but not limited to: 
• ~an introductory diagnostic session to determine if we are able to assist you (“Diagnostic Session”); 
• ~blog posts on topics related to, or in connection with, vacation schemes and training contracts for law firms in the UK; and
• ~the right to receive communications, online notifications and/or promotions in relation to other services that we create, promote or consider of interest to you (including but not limited to advice, professional development, professional networking forums, access to third party services or those offered by other companies with whom we work (subject to your consent to receive such communications)). 
• We reserve the right, to be exercised at our sole discretion, to decline to offer Paid Services to any Candidate. 
• No Paid Service shall be provided to any Candidate until payment is received by NCL (or a designee thereof). 
• By receiving any of the Paid Services or the Free Services (which for the avoidance of doubt includes any information provided during the Diagnostic Session), you consent to your CV/Resumé, name, experience, academic results and qualifications being retained by us (once provided by you) for data analytics and future marketing purposes. 
• You agree to provide a video, audio or other form of testimonial as agreed between you and us for any Paid Service. 
• In the case of applications that you sell to Next City Lawyer, you acknowledge that by submitting your application and accepting payment, you hereby irrevocably assign and transfer to Next City Lawyer all rights, title, and interest worldwide in and to your application, including all intellectual property rights therein
• We do not guarantee that your use of the Platform and/or our provision of the Free Services and/or Paid Services will result in you being hired for a Position. 
• The Advice provided in the Free Services and Paid Services consists of the opinions of connected parties of NCL only and should in no way be considered fact or be relied upon. Accordingly, we will not be liable to you in any respect whatsoever if you are not hired for any Position. 
• You agree that suitability for any Position shall be determined solely by an employer and that neither Next City Lawyer, any shareholder or director of Next City Lawyer, or any connected person of Next City Lawyer shall be liable for any decisions of any employer with respect to your application and/or interview. 

Positions 

• Where you are selected for a Position that you obtained with the assistance of the Paid Services you must advise us of the Position within 14 days. 

Limitation of liability 

• Nothing in these Terms excludes or limits our liability for fraud, fraudulent misrepresentation or for personal injury or death resulting from our negligence or that of our employees or agents. 
• We will not be liable to any user for any loss or damage, whether direct or indirect, in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with your use of the Platform, Advice, Paid Services and/or the Free Services, even if foreseeable. 

Indemnity 

• You agree to indemnify and hold harmless NCL and our respective officers, directors, employees, shareholders, connected persons and agents from and against any and all claims, damages, obligations, losses (including loss of profit), liabilities, costs or debt, and expenses (including but not limited to legal fees) arising directly or indirectly from: 
• ~your use of and access to the Platform and Paid Services 
• ~your breach of any term of these Terms (including paragraph 7); 
• ~your violation of any third party right, including without limitation any intellectual property, property, or privacy right; or 
• ~any claim that any of your content caused damage to a third party. 
• This defence and indemnification obligation will survive these terms and your use of the Platform and/or the Paid Services. You also agree that you have a duty to defend us against such claims. You agree that this indemnity extends to requiring you to pay for our legal fees, court fees, settlements and disbursements. You agree not to settle such a claim on our behalf prior to obtaining our written consent. 

Confidentiality / Intellectual Property

• You hereby acknowledge that (i) we intend to protect the identities of those individuals connected with NCL and (ii) such intention is legitimate in light of the nature of the Paid Services and Free Services. Accordingly, you hereby agree to keep the identities of any person connected with NCL strictly confidential, unless (i) required to disclose by law or (ii) such connected person grants you prior approval in writing to reveal such information. 
• You hereby acknowledge and agree that (i) any material viewed or received by you in connection with the Free Services and the Paid Services is the intellectual property of NCL (ii) you are prohibited from sharing any material received from NCL in connection with the Paid Services to any third party.
• You hereby agree that (i) the consequence of any breach of paragraph 7.2(ii) will be to pay a fine of £250 to NCL or a designee thereof and (ii) such consequence is legitimate and fair in order to protect the intellectual property of NCL. 
• For the avoidance of doubt, this paragraph 7 does not prohibit you from:
• ~disclosing your engaging of NCL for Paid Services to any third party;
• ~recommending NCL and its Paid Services and/or Free Services to any third party; and
• ~sharing any materials received from the Free Services with any third party. 
• For the avoidance of doubt, any shareholder or connected person of NCL may rely on this paragraph 7. 

Force Majeure 

• NCL shall not be responsible to a Candidate for its failure to comply with any part of these Terms, if this is the result of events beyond its reasonable control, including, but not limited to, acts of God, war, insurrection, pandemic, riots, terrorism, crime, employment shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond its control (a "Force Majeure Event"), provided that NCL gives prompt notice in writing to the Candidate of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Agreement. 
• If the Force Majeure Event continues for more than one month, the Candidate may terminate the Agreement by notice in writing to NCL. 

Termination 

• We reserve the right, at our sole discretion, to pursue all available legal remedies, including but not limited to terminating any Paid Services provided to you, upon any breach by you of these Terms, or if we are unable to verify or authenticate any of details. If you wish to terminate this Agreement, you may do so by notifying us at any time. 
• If you have paid for any Paid Services and seek to terminate this Agreement prior to receiving such Paid Services, the decision to provide a refund (in whole or in part) will be at the sole discretion of NCL. No refund will be provided once the Paid Services have been received by you.
• Your notice should be sent by email using the contact form. We will have no liability whatsoever to you for any suspension or termination, including for deletion of your details or content. All provisions of these Terms which by their nature should survive termination shall survive termination, including but not limited to, ownership provisions, indemnity and limitations of liability.

Severance 

• If any part of these Terms is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms and shall not affect the validity and enforceability of any of the remaining parts of these Terms. 

Conflict of Terms 

• In the event of any conflict between the interpretation of these Terms and the interpretation of the Privacy Policy or any other agreement entered into between the Candidate and NCL, these Terms shall prevail. 

Waiver and Non-Waiver 

• No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of these Terms. No failure or delay by either party in exercising any of its rights or remedies under these Terms shall operate as a waiver of those rights or remedies. No waiver shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of these Terms is a waiver of any subsequent or other breach. 

Third Party Rights 

• Except insofar as these Terms expressly provide that a third party may in his own right enforce a term of these Terms (including but not limited to paragraph 6 and paragraph 7), a person who is not a party to these Terms has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms but this does not affect any right or remedy of a third party which exists or is available apart from under that Act. 

Governing Law and Jurisdiction 

• These Terms, the jurisdiction clause contained in them and all non-contractual obligations arising in any way whatsoever out of or in connection with these terms and conditions, are governed by, construed and take effect in accordance with the law of England and Wales. 
• The courts of England and Wales have exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with these Terms. 

Contact 

• If you have any questions about these Terms, the Platform, the Paid Services or the Free Services please contact us. 

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