Terms and Conditions

, 22 November 2023

Last updated: 22/11/2023

Please read these Terms of Use (“Terms”, “Terms of Use”) carefully before using the https://loftusbradford.com website (the “Service”) operated by Loftus Bradford (“us”, “we”, or “our”).

Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.

By accessing or using the Service you agree to be bound by these Terms. If you disagree with any part of the terms then you may not access the Service.

Intellectual Property

The Service and its original content, features and functionality are and will remain the exclusive property of Loftus Bradford and its licensors.

Links To Other Web Sites

Our Service may contain links to third-party web sites or services that are not owned or controlled by Loftus Bradford.

Loftus Bradford has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that Loftus Bradford shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.

We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.

Termination

We may terminate or suspend access to our Service immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.

All provisions of the Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity and limitations of liability.

Disclaimer

Your use of the Service is at your sole risk. The Service is provided on an “AS IS” and “AS AVAILABLE” basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.

Governing Law

These Terms shall be governed and construed in accordance with the laws of Spain without regard to its conflict of law provisions.

Our failure to enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.

To integrate a section related to the SMS/MMS Mobile Message Marketing Program into your existing Terms and Conditions, the following draft can be used. This section is tailored to reflect the specifics of the SMS program while maintaining consistency with the overall structure and language of your current terms.

SMS/MMS Mobile Message Alerts and Notifications Program Terms and Conditions

Last updated: 22/11/2023

1. Acceptance of Terms: By opting into the SMS/MMS Mobile Message Alerts and Notifications Program (the “Program”) operated by LOFTUS BRADFORD EXECUTIVE SEARCH, S.L. (“us”, “we”, or “our”), you agree to these Mobile Messaging Terms and Conditions and Privacy Policy (collectively, the “Agreement”). This Agreement is supplemental to our general Terms of Use and Privacy Policy and governs your participation in the Program.

2. User Opt-In and Consent: The Program allows you to receive SMS/MMS mobile messages by affirmatively opting in, such as through online or application-based enrollment forms. By participating in the Program, you consent to receive automated and manual mobile messages at the phone number associated with your opt-in. Message and data rates may apply.

3. User Opt-Out and Withdrawal: You can opt out of the Program at any time by replying with STOP to any mobile message from us. An additional message confirming your opt-out may be sent. This is the only reasonable method of opting out.

4. Duty to Notify and Indemnify: If you intend to stop using the mobile number used to subscribe to the Program, you agree to complete the User Opt Out process before ending your use of the mobile number. Failure to do so may incur responsibilities and liabilities for which you agree to indemnify, defend, and hold us harmless.

5. Program Description: The Program is specifically designed to send SMS/MMS messages related to our executive search services. This includes providing notifications and alerts to candidates during the screening and interview processes of our candidate search services. Additionally, the Program will be used to communicate with existing client contacts, offering timely updates and relevant information related to ongoing searches and other pertinent services we offer.

6. Frequency of Messages: The frequency of messages may vary. Additional messages may be sent occasionally based on your interaction with us.

7. Support Instructions: For support regarding the Program, please contact us at [email protected]. Opting out of the program cannot be done via this email and must be done as outlined in the User Opt-Out section.

8. Disclaimer of Warranty: The Program is provided on an “as-is” basis. We are not responsible for delayed or undelivered messages.

9. Participant Requirements: You must have your own wireless device capable of two-way messaging and use a participating carrier.

10. Age Restriction: The Program is not intended for use by individuals under the age of eighteen.

11. Prohibited Content: You agree not to send any prohibited content over the Platform. Prohibited content includes fraudulent, harmful, threatening, or discriminatory content, among others.

12. Dispute Resolution: Disputes arising under this Agreement will be resolved by arbitration in accordance with the rules of the American Arbitration Association, with the arbitration to occur in Barcelona, Spain.

13. Miscellaneous: We reserve the right to modify these terms, with notice, and your continued participation in the Program post-modification signifies acceptance of these terms.

Changes

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will try to provide at least 30 days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion.

By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, please stop using the Service.