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Aviary Consulting is a real estate company providing recruitment services, career coaching, organizational advisory and networking services.
By using the Services (as defined below) in any manner, you are entering into a legally binding agreement with Aviary Consulting LTd headquartered in London (“Aviary Consulting”), as set forth in these Terms of Use (“Terms”). These Terms also include our Privacy Policy which is incorporated by reference.
You must be at least 16 years of age to use the Services. If you are under age 16, you may not, under any circumstances or for any reason, use the Services. The Services are not targeted to or meant for anyone who has not reached 16 years of age and we will not knowingly collect information from anyone under the age of 16. If the applicable law in the country or state in which you are using the Services requires that you be older than 16 to use the Services, then you must be at least the minimum age legally defined for such country or state in order to use the Services.
The “Services” collectively include the “Website” (meaning www.aviaryconsulting.com and including all webpages, subdomains, and any successor or affiliated websites), emails, and other communications, user accounts, job application services, content, any other products or services offered on the Website, and any other services that state they are governed by these Terms. “Content” means any and all text, articles, images, videos, graphics, software, music, audio, information, or other materials appearing on the Website, including, without limitation, information about employers, career resources, advice, and questions, answers, or other content, whether created or posted by you, Aviary Consulting, or any other user.
We may update or modify these Terms from time to time. We will give you notice of the changes by posting an updated version of these Terms online, updating the “Revised” date above, or by emailing you at an email address you have provided. Changes to these Terms will be effective as of the date we post them or otherwise notify you of them, unless we specify a different effective date when we make a particular change. Your continued use of the Services will constitute your acceptance of the changes. If you do not agree to a change, you must stop using the Services.
We may modify, add to, suspend, or discontinue the Services or certain features of the Services, or remove any Content at any time for any reason, without prior notice to you. Unless expressly stated otherwise, any new feature that augments, enhances, or otherwise modifies the Services is subject to these Terms.
Aviary Consulting allows professionals to browse open positions, and apply to jobs. Some job postings on our Website allow users to complete and submit job applications directly through our Website. The collection of any such information is governed by our Privacy Policy.
The Website and Services contain Content posted by Aviary Consulting and our licensors (“Aviary Consulting Content”). We and our licensors retain all right, title and interest in and to such Aviary Consulting Content, including all associated intellectual property rights, including, without limitation, copyrights, trademarks, trade names, trade dress, logos, patents, know-how, trade secrets, instructions, and all other proprietary information. Subject to your compliance with these Terms, Aviary Consulting grants you a revocable, limited, non-exclusive, non-transferable license, to access and view any Aviary Consulting Content solely for your personal and non-commercial purposes. You agree not to sublicense, copy, distribute, display, disseminate, reproduce, or otherwise exploit any Aviary Consulting Content or Services without our prior written permission, regardless of whether it is created or owned by Aviary Consulting or a licensor to Aviary Consulting.
The trademarks, logos, trade names, and service marks, whether registered or unregistered (“Trademarks”) displayed on the Website are Trademarks of Aviary Consulting and its third-party licensors. Display or use of any Trademarks on the Website or in the Services shall not be construed as granting, by implication or otherwise, any license or right to use any Trademark without the prior written permission of Aviary Consulting or such third-party. You also agree not to use our trade dress, or copy the look and feel of the Website or its design, without our prior written consent.
We reserve the right to access, read, preserve, and disclose any Content or information in accordance with our Privacy Policy.
The Website may direct you via hyperlinks or otherwise to third-party websites that are not owned or maintained by Aviary Consulting. We are not responsible for your use of such third-party websites and we make no representations whatsoever concerning the content or accuracy of, opinions expressed in, or other links provided by such websites. The inclusion of any such link to a third-party website does not imply any association between us and their operators. Your use of any third-party websites is governed by the terms of such third-party websites and not by these Term
Aviary Consulting allows you to use the Services. You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and tax obligations that may apply to your use of the Services. In connection with your use of the Services, you may not and you agree that you will not:
The disclaimers in this section apply to the maximum extent allowable under applicable law.
You are solely responsible for your use of the Services and we are not responsible for the activities, omissions, or other conduct, whether online or offline, of any other user. You are solely responsible for ensuring that your use of the Services is in compliance with all laws, rules, and regulations applicable to you. We make no representations concerning any Content contained in or accessed through the Services.
The Services are provided “as is” and without warranty of any kind, whether express or implied, including the warranties or conditions of merchantability, fitness for a particular purpose, accuracy, or non-infringement, all of which are expressly disclaimed. Aviary Recruitment does not warrant that: (a) the Services will be secure or available at any particular time or location; (b) the Services will function without errors; (c) any defects or errors will be corrected; (d) any Content or software available at or through the Services is free of viruses or other harmful components; or (e) the results of using or relying on any Content or Services or advice contained therein will meet your requirements or produce desired results. Your use of, or reliance on, the Services or any Content is solely at your own risk.
To the maximum extent permitted by applicable law, in no event shall Aviary Consulting be liable to you or any 3rd party for any lost profits or any indirect, consequential, exemplary, incidental, special, or punitive damages, or any loss of data, opportunities, or reputation arising from your use of the website, content, or services, even if we have been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, unless otherwise required by applicable law, you agree that in no event shall the aggregate liability of Aviary Consulting, whether in contract, warranty, tort (including negligence, whether active, passive, or imputed), product liability, strict liability, or other theory, arising out of or relating to the use of or inability to use the services exceed the amount paid by you, if any, for accessing the services during the twelve (12) months immediately preceding the date of the claim or one hundred (100) dollars, whichever is greater.
Company will make available to corporate clients to which it provides services (“Clients”) information relating to an identified or identifiable natural person (“Personal Data”). With respect to such Personal Data, Company and its Clients shall both be regarded as Data Controllers. With respect to Processing of Personal Data covered by the General Data Protection Regulation (“GDPR”) or any other law regarding the collection, use, disclosure, or security of Personal Data (“Data Protection Laws and Regulations”), Client shall have the obligations set forth in this section. All capitalized terms not otherwise defined in these Terms and Conditions shall have the same meaning as provided by GDPR.
Client shall treat Personal Data as confidential information.
Processing of Personal Data shall solely be done in accordance with this Agreement.
Client shall comply with all obligations of a Data Controller under the GDPR and any other Data Protection Law and Regulation with respect to its Processing of Personal Data. Client shall ensure that there is a valid, lawful basis for all Processing of Personal Data that Client undertakes or directs to be undertaken on its behalf, and that it has obtained all necessary consents or authorizations under GDPR or any other Data Protection Law and Regulation for its Processing. Client shall ensure that Client is entitled to access the relevant Personal Data and can lawfully use, Process, and transfer Personal Data in accordance with these Terms and Data Protection Law and Regulations.
In the event Client engages Sub-processors, Client shall implement written contracts to ensure compliance with all obligations mandated by Data Protection Laws and Regulations associated with the Personal Data they are Processing. Client shall only engage Sub-processors capable of Processing Personal Data in compliance with Data Protection Laws and Regulations, including GDPR. Client shall be liable for the acts and omissions of its Sub-processors to the same extent Client would be liable if performing the Processing of each Sub-processor directly.
Upon notice, Client shall stop and remediate any unauthorized Processing.
Client shall comply with any requests by Data Subjects to exercise their individual rights under GDPR or any other data protection law, including rights to access, correct, amend, block, restrict, or delete their Personal Data, as required by Data Protection Laws and Regulations.
Client shall, to the extent legally permitted, promptly notify Company if it receives a request from a Data Subject for exercise of an individual right under GDPR or any other law, including rights for access to, or correction, amendment, blocking, restriction, or deletion of that person’s Personal Data, that may impact Company’s Processing of the Personal Data. Client shall fully address that person’s request unless it is not possible to do so without assistance from Company. In any such case, Client shall provide commercially reasonable cooperation and assistance to Company in relation to handling of a Data Subject’s request.
Client shall ensure that its personnel engaged in the Processing of Personal Data are informed of the confidential nature of the Personal Data, have received appropriate training on their responsibilities, and are under an appropriate obligation of confidentiality (whether contractual or statutory). Client shall take commercially reasonable steps to ensure the reliability of any personnel engaged in the Processing of Personal Data.
Client shall implement and maintain administrative, physical, and technical safeguards to ensure protection of the security, confidentiality, and integrity of Personal Data, as provided by Data Protection Laws and Regulations, including GDPR. Client’s security measures must be designed to protect Personal Data from and against accidental or unlawful destruction, loss, alteration, or unauthorised disclosure or access.
Client shall regularly monitor compliance with its safeguards. Client will not take any action or engage in any practice that in any way decreases the overall security of Company or its Services.
Taking into account the nature of Processing and the information available to Client, Client shall assist Company, to the extent necessary or appropriate, with Company’s obligations pursuant to Art. 32 – 36 GDPR, in particular with respect to the security of the Processing, data protection impact assessments, and consultation with Supervisory Authorities.
The Client shall immediately notify Company if it is subject to any investigation by a Supervisory Authority, and if it becomes subject to any control procedures or measures imposed by a Supervisory Authority pursuant to the GDPR or other Data Protection Law and Regulation. This shall also apply to the extent that a competent authority conducts investigations at Client pursuant to the GDPR or other Data Protection Law and Regulation.
If Client transfers Personal Data to a third country or international organization, Client shall make such transfer only in accordance with GDPR and Data Protection Law and Regulations, and agrees to disclose or publish information on the appropriate or suitable safeguards that have been used to make such transfers to the third country to the extent required under the GDPR or other Data Protection Law and Regulation to inform the Data Subject.
Client shall maintain security incident management policies and procedures and shall, to the extent permitted by law, promptly notify Company of any actual or reasonably suspected accidental or unlawful destruction, loss, alteration, unauthorized disclosure, of, or access to Personal Data, Processed by Client or its Processors of which Client becomes aware (a “Security Breach”) without undue delay and in any event within 24 hours. Client shall make reasonable efforts to identify and remediate the cause of such Security Breach. Client shall be solely responsible to notify Supervisory Authorities and Data Subjects of any Security Breach and pay all costs associated with the same.
The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you have a good faith belief that materials hosted by us infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information: (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly being infringed upon; (b) identification of the copyrighted work claimed to have been infringed upon (or if multiple copyrighted works located on the Site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow us to locate the material on the Site; (d) the name, address, telephone number, and e-mail address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send us a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see https://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent to Aviary Consulting Ltd, 86,90 Paul Street – EC2A 4NE. Attention: Vice President & General Counsel. We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there can be penalties for false claims under the DMCA.
This Agreement shall be governed by and construed in accordance with the laws of the England and Wales. Each party to this Agreement hereby submits to the exclusive jurisdiction of the courts in London for any dispute arising under or in connection with this Agreement, the Site or any Site-related services, and waives any jurisdictional, venue or inconvenient forum objections to such courts. In any action to enforce this Agreement, the prevailing party will be entitled to costs and attorneys’ fees. In the event that any of the provisions of this Agreement shall be held by a court or other tribunal of competent jurisdiction to be unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect and enforceable. Failure of any party to insist upon strict compliance with any of the terms and conditions of this Agreement shall not be deemed a waiver or relinquishment of any similar right or power at any subsequent time.
This Agreement constitutes the entire agreement between the parties hereto pertaining to the subject matter hereof, and any and all written or oral agreements heretofore existing between the parties hereto are expressly canceled. This Agreement is not assignable, transferable or sub-licensable by you except with prior written consent of the Company. Any heading, caption or section title contained in this Agreement is inserted only as a matter of convenience and in no way defines or explains any section or provision hereof. The Company reserves the right in its sole discretion to terminate the use of the Site by a user at any time.