Terms and Conditions
PLEASE READ THESE TERMS CAREFULLY
By registering to use the Headstart candidate recruitment platform ("Platform") you are agreeing to these terms which will bind you. If you do not agree to these terms, you must not use the Platform.
1. WHO WE ARE AND WHAT THIS AGREEMENT DOES
1.1 We, Headstart App Limited (company number 09750492) of 29 Wolsey Road, East Mosely, London, KT8 9EN, United Kingdom, license you to use, as permitted in these terms:
a. The Headstart candidate recruitment platform, the data supplied with the Platform and any updates or supplements to it.
b. The Headstart service together with the content we provide to you through the Platform (“Service”).
1.2 We are a limited company. Our VAT number is [VAT NUMBER].
1.3 These terms only apply to end users of the Platform and/or Service.
2. YOUR PRIVACY
2.2 Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Platform or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
3. PLATFORM AND SERVICES
3.1 To use the Platform and/or the Service you must be a registered user.
3.2 The Platform and the Service allows candidates to create a profile, to apply for jobs and to be presented as applicants to potential employers. Headstart does not itself make any decisions about your application. Potential employers make any and all such decisions.
3.3 In the future, the Platform and the Service may allow potential employers to contact suitable candidates directly, after a candidate has created a profile, but before a candidate has applied for a specific job.
3.4 As part of the Service, we:
a. Allow you to apply for potential employment opportunities.
b. Enable potential employers to access your profile (but only where you have applied for a job or otherwise given us your consent).
c. Send personalised emails relating to employment opportunities that we believe you may be interested in.
3.5 When you use the Platform and the Service, you grant us a non-exclusive, worldwide, royalty-free, irrevocable, fully paid-up, sub-licensable licence to use the content and all other information or materials (“User Content”) provided to us as is necessary or desirable for us to perform, or procure the performance of, the Services. You shall indemnify, and keep indemnified, us in respect of any and all costs or liabilities (including any and all legal costs, whether or not those costs would otherwise be recoverable) incurred in connection with any actions, claims or proceedings brought against us in relation to our possession or use of User Content, including (without limitation) allegations that the User Content infringes the rights (including intellectual property or privacy rights) of third parties.
4. PROHIBITED USES
4.1 You may use the Platform and Service only for lawful purposes. You may not use the Platform or Service:
a. In any way that breaches any applicable local, national or international law or regulation.
b. In any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect.
c. For the purpose of harming or attempting to harm minors in any way.
d. To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
e. To transmit information that is libellous, unlawful, harassing, abusive, threatening, abusive of another’s privacy, harmful, vulgar, defamatory, obscene, pornographic, or in anyway that may infringe applicable law governing, including breach of copyright, trade marks, or any other intellectual property rights or might cause offence in any way.
f. In such a manner that is inconsistent with these terms or engage in any action that might be considered system abuse in our sole and absolute opinion.
g. To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
4.2 You also agree:
a. Not to reproduce, duplicate, copy or re-sell all or any part of the Service in contravention of the provisions of these terms.
b. Not to access without authority, interfere with, damage or disrupt: any part of a Service; any of our equipment or network; any software used in the provision of a Service; or any equipment or network or software owned or used by any third party.
c. Not to use the Platform or the Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously.
d. Not to infringe our intellectual property rights or those of any third party in relation to your use of the Platform or the Service.
e. Not to transmit any material that is defamatory, offensive or otherwise objectionable.
f. Not to collect or harvest any information or data from the Platform or the Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
5. YOUR ACCOUNT AND SECURITY
5.1 You agree to provide true, accurate, correct and complete information and accept responsibility for maintaining changes to such information. We will contact you on a periodic basis to help ensure this happens. You agree not to impersonate any other person or entity or to use a false name or a name that you are not authorised to use. We reserve the right, in our sole and absolute discretion, to decline any application to register an account. If you are accepted, you will receive from us an account. We reserve the right to terminate your account if any information provided by you in the registration process is untrue, inaccurate or out-of-date.
6. YOUR PROFILE
6.1 We consider any information about you that we receive via the Platform to be confidential. We shall not edit, or disclose the contents of any communication, except that you acknowledge and agree we may do so:
b. As required by law.
c. To comply with legal process.
d. To provide the Service.
7. SUPPORT FOR THE PLATFORM AND HOW TO TELL US ABOUT PROBLEMS
7.1 Support. If you want to learn more about the Platform or the Service or have any problems using them please take a look at our support resources at: [email protected]
7.2 Contacting us (including with complaints). If you think the Platform or the Services are faulty or mis-described or wish to contact us for any other reason please email us at [email protected].
7.3 How we will communicate with you. If we have to contact you we will usually do so by email using the contact details you have provided to us; this will cover periodic service communications, system updates and other important information as part of the Platform service.
8. ASSIGNMENT AND OTHER DEALING
We are giving you personally the right to use the Platform and the Service as set out in these terms. You may not transfer the Platform or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Platform is installed or logged-in, you must remove the Platform from it or log-out. Failure to take these precautions could lead to risk of identity fraud; you should be aware that it is your responsibility to take precautions on shared devices and to wipe personal data from devices before onward sale.
9. CHANGES TO THESE TERMS
9.1 We may need to change these terms from time to time to, for example, reflect changes in law or best practice or to deal with additional features which we introduce.
9.2 We will give you at least 7 days’ notice of any change by sending you an email with details of the change or notifying you of a change when you next log-in.
9.3 By continuing to use the Platform and the Service after these changes and updates you will be deemed to have accepted them.
10. UPDATE TO THE PLATFORM AND CHANGES TO THE SERVICE
From time to time we may automatically update the Platform and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues.
11. WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
11.1 The Platform may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for their content or their privacy policies (if any), however we will make every reasonable endeavour to direct you to such, as relevant.
11.2 You will need to make your own independent judgement about whether to use any such independent sites.
12. LICENCE RESTRICTIONS
12.1 You agree that you will:
a. Not rent, lease, sub-license, loan, provide, or otherwise make available, the Platform or the Services in any form, in whole or in part to any person without prior written consent from us.
b. Not copy the Platform or Service, except as part of the normal use of the Platform.
c. Not translate, merge, adapt, vary, alter or modify, the whole or any part of the Platform or Service nor permit the Platform or the Service or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Platform and the Services.
d. Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Platform or the Service nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Platform to obtain the information necessary to create an independent program that can be operated with the Platform or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities: is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; is not used to create any software that is substantially similar in its expression to the Platform; is kept secure; and is used only for the Permitted Objective.
e. Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Platform or any Service.
13. INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Platform and the Service throughout the world belong to us (or our licensors) and the rights in the Platform and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Platform or the Services other than the right to use them in accordance with these terms.
14. OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
14.1 We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
14.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
14.3 We are not liable for business losses. If you use the Platform for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
14.4 Limitations to the Platform and the Services. Although we make reasonable efforts to update the information provided by the Platform and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
14.5 Please back-up content and data used with the Platform. We recommend that you back up any content and data used in connection with the Platform, to protect yourself in case of problems with the Platform or the Service.
14.6 Check that the Platform and the Services are suitable for you. The Platform and the Service has not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform and the Service meet your requirements.
14.7 We are not liable for events outside our control. If our provision of the Service or the Platform is delayed by an event outside our control then we will contact you as soon as reasonably possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us.
15.1 We may end your rights to use the Platform and Service at any time by contacting you if you have broken these terms in a serious way, as highlighted with some examples in section 4. If what you have done can be put right we will give you a reasonable opportunity to do so.
15.2 If we end your rights to use the Platform and Services:
a. You must stop all activities authorised by these terms, including your use of the Platform and any Services.
b. You must delete or remove the Platform from all devices in your possession and immediately destroy all copies of the Platform which you have and confirm to us that you have done this.
16.1 We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
16. 2 You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
17. NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
Each of the clauses of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining clauses will remain in full force and effect.
19. ENTIRE AGREEMENT
These terms constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
21. GOVERNING LAW AND JURISDICTION
These terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.