Last updated 23/01/2021
1. This
Service
The jobmate service and mobile application (the
‘Service’) is provided by jobmate Ltd
to you. Your use of this Service and any additional services introduced by us
and contained within constitutes acceptance by you of these Terms &
Conditions. Reference to ‘you’ in these
Terms & Conditions refers to either individual users and/or the organisation
purchasing a subscription according to the context.
2.
Eligibility
You must be a minimum age of 18 to register on and use the
Service. By registering and using the Service you warrant that you are 18 or
older and understand your obligations under these Terms & Conditions. You must be either a direct subscriber
yourself or an authorised user under the subscription of an organisation.
3. Registration
and Account Integrity
3.1 As part of
the registration process you will need to create an account, including a
username & password. It is your responsibility to ensure that the
information you provide is accurate, not misleading and relates to you. You
cannot create an account or username & password using the names and
information of another person or using words that are the trademarks or the
property of another party (including ours), or vulgar, obscene or in any other
way inappropriate. We reserve the right with or without notice to suspend or
terminate any account in breach.
3.2 Where we
provide an organisation with a number of user licenses for the Service these
must be adhered to. User licenses cannot be shared between users. A breach of
this clause will result in termination of the abused accounts and/or all
accounts provided to the organisation.
3.3 If for any
reason you suspect that your username & password has been disclosed to or
obtained by another party you should contact us immediately. Please note that
we never contact users requesting
them to confirm their username & password or other details.
3.4 You are responsible for all actions under a user
account if you do not contact us under clause 3.3
4. Pricing,
Plans and Features
4.1 We make every effort to
ensure that the pricing displayed on our website is correct. However, if an
error in the pricing of a product, service, subscription or plan is found we
reserve the right to either cancel your order or contact you to arrange payment
of any extra sum due or refund any over-payment made by you (as applicable).
4.2 We reserve the right to
alter all product, service subscription or plan pricing and features without
notice. Where you have signed up for an
agreed pre-paid term for your Service, then we will not change the pricing for
that pre-paid term without giving you the opportunity to terminate your current
subscription. FOC plans will be given a minimum of 3 months’ notice should the plan be terminated.
5. Payment
and Credit Control
5.1 All
services are billed monthly in advance.
5.2 If you upgrade
from a free or trial account you will be immediately charged for the necessary
full account or accounts. Your monthly payment will be due from that date each
month onwards.
5.3 Where the
Service has been paid for 12 months in advance, (where this option is offered
by us) payment will be taken in full on each anniversary.
5.4 It is a
condition of use that a valid debit or credit card (or other valid payment
method accepted by us) is provided at all times in order for your account or
accounts to remain active.
5.5 Where a
payment request is made by us and is declined (for whatever reason) access to
your account or accounts may be suspended immediately until such time as a
valid payment has been processed and a valid payment method is added to your
account or accounts.
6. Cancellation Rights,
Defects and Refunds
6.1 You may cancel
your account or accounts by giving notice at any time and it will terminate at
the end of your current agreed pre-paid term..
6.2 As this is a
business-to-business transaction no right of cancellation exists under the Consumer
Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
6.3
Cancellation should be done using the facility provided by logging into Your
account.
6.4
Cancellation by any other means, including (but not limited to) email,
telephone call, fax, text or instant message is not valid.
6.5
Full or
partial refunds will only be given where the product or service provided
by us is found to be defective.
6.6 Refunds will not be
given where we are unable to replicate the issue or the issue stems from the
user or their equipment.
6.7 In the case of a
defective service we reserve the right to offer an additional free period of
service or issue a partial or full refund at our sole discretion.
6.8 Where a refund is
offered and accepted by you it will be made within seven working days of
receiving your acceptance of a refund.
7. Upgrading
or Downgrading Accounts
7.1 Where
applicable Users have the ability to upgrade or downgrade their accounts and
the services offered at any time.
7.2 Where an
account is downgraded the applicable user will be responsible for all the data
within the account and any loss of data caused by the downgrading and removal
of any service within the account connected to the downgrade.
7.3 Users
should backup and download their data prior to requesting a downgrade in
service. This can be done by you through
the Service.
7.4 No refunds
will be offered for downgraded monthly accounts that have been downgraded
before the monthly charge is due on the account. The new lower monthly charge
will be automatically applied on the usual date of the
monthly charge.
7.5 Where an
account is upgraded the new higher monthly charge will be automatically applied
on the next usual date of the monthly charge.
7.6 In the case
12-month accounts (when offered) a partial refund will be offered for all
complete remaining months of the service where the user downgrades the account.
No refund will be offered for days remaining in the month of the downgrade.
7.7 Where a
12-month account is upgraded the increased charge will be applied immediately
to the account for the additional amount due until the anniversary date.
8. Trial and
Offer Periods
8.1 Trial or
offer periods are offered at our sole discretion and are subject to withdrawal
at any time and without notice.
8.2 Where you are offered a
free-trial period you will receive an email notification no less than seven
days before your free-period is due to end and automatically convert into a
paid subscription. Please note this does not apply where you are merely offered
a discounted or offer-period paid-for subscription at a reduced rate that subsequently
converts to a subscription at one of our full standard subscription rates.
8.3 Only one
person may use a single free or trial account, the account cannot be shared
amongst multiple individuals.
8.4 These Terms
and Conditions apply to all trial or offer-period accounts.
9. Technical
Support
9.1 Technical
support is provided via email and such other means as we decide in order to
provide a proper service to users.
9.2 We reserve
the right not to provide a full technical support service to free or trial
account users.
10. Specific
Service Rules
10.1 As a user
you agree not to do any of the following:
1. Abuse, harass, threaten, stalk,
defame or in anyway seek to violate the rights of another user or third-party.
2. Publish or seek to distribute any
material or information that is unlawful, harmful, obscene, indecent,
libellous, profane, defamatory, racist, or in any other way inappropriate or
objectionable.
3. Use or harvest data provided by
other users in a way that they would object to.
4. Encourage illegal activity or
activity that violates the rights of other Service users or third parties,
whether individuals or organisations.
5. Supply or post content calculated
to deliberately mislead other users or third parties, including content falsely
made to appear from or be endorsed by us.
6. To pose as another user, third-party
or organisation employee for the purposes of obtaining user or third-party
information.
7. To transmit or transfer any
viruses, trojans, worms or any other malicious programs or code intended to spy
on, gain control over, disrupt, destroy or in any other way impair any computer
hardware or software or any other equipment.
8. Attempt to gain access to our
servers or other equipment in order to disrupt, impair, overload or otherwise
hinder or compromise the safety, security or privacy of any of the services
provided by or relied upon by users and us.
9. Reframe or repurpose the Service
or any content on it, remove, obscure or block any notices (and advertising as
applicable) provided by us on the Service.
10. Load or provide access to
content on the Service or link to other content from the Service, which
infringes the trademark, patent, trade secret or any other proprietary right of
a third-party or infringes any intellectual property law.
11. Send junk or spam email or
emails or posts promoting pyramid schemes, chain letters or any other activity
that invites users and others to participate in wasting their time and/or
money.
12. Use any robot, spider, scraper
or other technical means to access the Service or any content on the Service.
10.2 The above
list is not intended to be exhaustive. We reserve the right to remove (with or
without notice) any content and suspend or terminate (with or without notice)
the account of any user who in our sole judgment is in breach of these Terms
and Conditions.
11. Content
Ownership
11.1 You warrant
that all content provided by you is either owned by you or you have all
necessary licences and rights to provide the content or use it on the Service.
We do not claim ownership rights to content provided by you.
12.
Copyrighted Material
12.1 We do not
condone or encourage in any way the posting of copyrighted or proprietary
content or information by any users who are not the legal owners or properly
licensed users of such content.
12.2 Where
notified of such breaches by the owner of such content we will remove the
content from the Service as soon as practicable. We reserve the right not to do
so where we cannot reasonably ascertain the true owner of such content.
12.3 If as the
owner of such content you believe that your rights have been infringed you
should contact us as soon as possible and provide all relevant information in
writing.
13. Content
Monitoring
Users can may add content to the Service subject to these
Terms & Conditions. We do not monitor or assume any responsibility for
content posted onto the Service. If at any time we decide to monitor the
Service on any occasion it does not mean that we assume responsibility for
removing any content or the conduct of any users at the time or in the future.
14.
Termination
14.1 We may
terminate your user account and all content and materials associated with it at
any time where these Terms & Conditions have been breached. Such
termination can be with or without notice. As a user you can choose to
terminate your account at any time (subject to any payment plan entered into)
and are free to remove any content you have created on termination.
14.2 Various
clauses within these Terms & Conditions are designed to survive and
continue after termination, including (but not limited to) clauses 11 and 18.
14.3 Following termination we will use reasonable
endeavours to retain your content and data for a further 3 months so that you
can seamlessly reactivate your account during that period.
14.4 Any obligation to retain your content or data under clause
14.3 is subject to any instruction you may have made on termination for the
deletion of Your Personal Data under clause 19.4. Please note that if we do delete Your
Personal Data following such an instruction, then we reserve the right to
delete all of your content and data at that time.
15. Access
and Backups
15.1 We take all
reasonable steps to ensure that the Service is available and functioning fully
at all times. However, in the event the Service is unavailable or functioning
incorrectly either wholly or partly we shall offer (where possible) the
opportunity of repeat performance of the Service we should have offered to you
in the first place – where appropriate and practical. Where this is not
possible we may offer full or part-refunds subject to clause 17.3 below.
15.2 Refunds will not be offered (i) where a third-party
provider who supplies a service to you, rather than us causes the issue or (ii)
in respect of any Service maintenance
which will normally be carried out in such a way that seeks to minimise
disruption to users.
15.3 You are
solely responsible for backing up any content or data entered onto the Service
by you. We strongly recommend that you regularly and completely backup all of
your content and data on the Service.
You can create backups of your content or data directly through the
Service.
15.4 While we will endeavour to have the Service available, we:
· do not warrant that the Service (or
the content on it or Your Personal Data) will be always available or
uninterrupted or error-free; or that the Service, and/or the information
obtained by the you through the Services will you’re your requirements; and
· are not responsible for any delays,
delivery failures, or any other loss or damage resulting from the transfer of
data over communications networks and facilities, including, without
limitation, the internet, and you acknowledge that the Service may be subject
to limitations, delays and other problems inherent in the use of such
communications facilities.
15.5 You recognise that the Service is provided by us
through an external Tier One public cloud hosting provider. You will comply
with any relevant terms relating to the Service as applied by our third party
hosting service provider.
16.
Disclaimer
16.1 We are not
responsible for the accuracy of any content on the Service, (except where such
Content is provided by us) nor any advertisements placed on the Service.
16.2 We are not
responsible for any links to third-party websites from the Service and the inclusion
of any link does not imply an endorsement of a third-party website or service
by us.
17.
Limitation of Liability
17.1 We shall be not be liable to you in
contract, tort, or otherwise (including negligence), pre-contract or other
representations (other than fraudulent or negligent misrepresentations) or
otherwise for any loss of business, contracts, profits, damage to goodwill or
anticipated savings or for any indirect or consequential or loss whatsoever.
17.2 Nothing in this Agreement shall exclude or limit
liability for (i) death or personal injury resulting from the negligence of
either party or their servants, agents or employees; or (ii) fraud.
17.3 Subject to
clauses 17.1 and 17.2 our liability and that of our employees, officers and
third- party partners shall be limited in any 12 month period to the total
Service fees incurred by you in relation to the matter subject to the liability
or to a payment of £250 per user on your subscription, whichever is the greater
sum.
18.
Indemnity
You agree to indemnify and hold us and our subsidiaries,
affiliates and partners and their respective officers and employees harmless
from any loss, fines, fees, liability or claim made by any third-party arising
from your breach of these Terms & Conditions whilst using the Service or
any other service provided by us.
19. Privacy
and Personal Data
19.1 We take your privacy seriously. We are registered
under and comply with the General Data Protection Regulation (GDPR). For
further details please see our Privacy Policy.
19.2 In these Terms and
Conditions, ‘Your Personal Data’ means any personal data (as defined in the
GDPR) that we process on your behalf in providing the Services. You shall own all right, title and interest in
and to all of Your Personal Data and shall have sole responsibility for the
legality, reliability, integrity, accuracy and quality of Your Personal Data.
19.3 If Jobmate processes Your Personal Data on Your
behalf when performing its obligations under this Agreement, the parties record
their intention that You shall be the data controller and Jobmate shall be a
data processor and in any such case Jobmate (the ‘Processor’) will comply at
all times with the General Data Processing Regulations in relation to any
processing of personal data as a data processor on behalf of You (the
‘Controller’).
19.4 Where the Processor is processing personal
data on behalf of the Controller, the Processor will:
·
ensure that people
processing the data are subject to a duty of confidence;
·
take appropriate
measures to ensure the security of processing;
·
only engage a
sub-processor with the prior consent of the data controller and a written
contract;
·
allow data subjects
to exercise their rights under the GDPR;
·
assist the
Controller in meeting its GDPR obligations in connection with the personal data
in relation to the security of processing, the notification of personal data
breaches and data protection impact assessments;
·
delete all personal
data to the Controller if requested at the end of the contract (except for
backups and archives kept and with access restricted in accordance with
standard industry practice) or allow the Controller to download such personal
data through the Service; and
·
provide the
Controller with whatever information it needs to ensure that both the Processor
and the Controller are meeting their obligations under Article 28 of the GDPR,
and tell the Controller immediately if it is asked to do something infringing
the GDPR or other data protection law of the UK, the EU or a member state.
19.5
You:
·
acknowledge and
agree that although personal data will normally be processed only within the UK
or the European Economic Area, to ensure reasonable performance of the Service,
the personal data may be transferred or stored outside the UK, the European
Economic Area or the country where You are located in order to carry out the
Service and Jobmate’s other obligations under this Agreement.
·
shall ensure that
you are entitled to transfer the relevant personal data to Jobmate, so that Jobmate
may lawfully use, process and transfer the personal data in accordance with
this agreement on your behalf;
·
shall ensure that
the relevant third parties have been informed of, and have given their consent
to, such use, processing, and transfer as required by all applicable data
protection legislation.
19.6
Nothing within this Agreement
relieves You of your own direct responsibilities and liabilities under the
GDPR.
20. Severability
The
paragraphs, sub-paragraphs and clauses of these Terms & Conditions shall be
read and construed independently of each other. Should any part of these Terms
& Conditions or paragraphs, sub-paragraphs or clauses be found invalid it
shall not affect the remaining paragraphs, sub-paragraphs and clauses.
21. Waiver
Failure by us to enforce any accrued rights under these Terms
& Conditions is not to be taken as or deemed to be a waiver of those rights
unless we acknowledge the waiver in writing.
22. Entire
Terms & Conditions
Save for fraud, these Terms & Conditions set out the
entire agreement and understanding between you and us. We reserve the right to
change these Terms & Conditions at any time, on giving reasonable prior
notice to you.
23.
Jurisdiction
These Terms & Conditions shall be interpreted, construed
and enforced in accordance with English law and shall be subject to the
exclusive jurisdiction of the English Courts. Where applicable your statutory
rights are unaffected
24. Third
Party Rights
Nothing in this Agreement will confer any benefit on a third party and
the Contract (Rights of Third Parties) Act 1999 is expressly excluded.
