Terms & Conditions
1. TERMS & APPLICATION
- ALGOME LIMITED (Company number 10373707) of 1 Fore Street, London, England, EC2Y 9DT (ALGOME) grants you a non-exclusive, limited and revocable license to use and access the ALGOME website (www.algome.com) (Website) and access related services (together, the Services) subject to these Terms.
- In these Terms, “ALGOME”, “we”, “us” and “our” refer to ALGOME LIMITED and references to “you” and “your” is to you, the user of the Services.
- These Terms apply differently to users that register as:
– Individuals seeking employment, contractor or consultancy engagements (Candidates);
– Companies that seek to hire Candidates (Companies); or
– Contributors that seek to provide Services to Candidates (Contributors).
- The Website allows:
– Candidates, Companies and Contributors to create profiles (Profiles);
– Companies to list career opportunities for Candidates to be employed or contracted with them (Engagements);
– Contributors to list opportunities for Candidates to access specific services (CareerServices);
– Candidates to match and connect with Companies and Candidates (Matches);
- Companies and Contributors pay all Fees (including Success Fees, as defined below) to us, for successful Engagements and Career Services (as provided in Clause 9 below).
- These Terms incorporate by reference the Company Agreement & Contributor Agreement, as applicable.
- By accessing and using the Services you agree to be bound by these Terms. If you do not agree with these Terms you must immediately stop using the Services. You agree that we may change, update or otherwise amend the Services and these Terms in our absolute discretion.
2. BETA PHASE – TESTING TERMS & DISCLAIMER
- During the Beta Phase, the Website and Services will be subject to frequent and possibly substantial changes as we look to make improvements to the Website, Services or related features. We reserve the right to withdraw or amend the Website, and any Services without notice and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Website or Services.
- We would appreciate your feedback on the Website. Please notify us of all bugs, glitches, lack of functionality or other problems on the Website and share your ideas for enhancements that come to your attention during the Beta Phase. You agree that all feedback, information or testimonials that you provide during the Beta Phase may be used in any marketing materials for the promotion of the Website.
- We encourage you to publicly talk and write about the Website. When doing so, please take into account that the Website is in Beta Phase and everything is subject to change. We kindly ask you to refrain from publishing full reviews, public tests, screenshots or anything else that might unfaithfully represent the Website. Of course, we would prefer if you provide any constructive criticism to us directly.
3. WEBSITE & MATCHES ONLY
- We provide the Website to connect Candidates with Companies and Contributors and generate Matches. We are not and cannot be a party to any transaction between Candidates and Companies and/or Contributors, including any resultant Engagement or Career Services.
- We do not accept any responsibility or legal liability whatsoever for any act or omission of the Candidate, the Company or the Contributor arising from or in connection with use of the Services. The Candidate, Company and Contributor may however enforce any of these Terms against the other party directly in respect of the use of the Services.
- You acknowledge that:
– we do not interfere in the negotiation between Candidates, Companies and Contributors, nor any Engagement or Career Services, and do not monitor and/or control the quality, safety and/or legality of services provided by users through the Services; and
– we are not technically able to verify compliance by users with the conditions of any offer communicated via the Services.
- Each Candidate acknowledges they are not an employee or worker of ALGOME. You shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with use of the Services, Career Services and any Engagement. You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or willful default. We may at its option satisfy such indemnity (whether in whole or in part) by way of deduction from the payments due to be paid to it under this agreement.
- We, the Candidates and Companies agree that for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, we shall be an “employment agency” and the Company shall be a “hirer” and the Candidate shall be a “work-seeker” as defined in the Conduct Regulations and Employment Agencies Act 1973.
- We may assist with the resolution of any complaint or dispute relating to the Services. However, you acknowledge that any legal recourse arising from or in connection with any dealings with other users, whether for breach of contract or otherwise, is against the Candidate, Company or Contributor (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Website.
- You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Services.
- We may accept, reject, suspend or remove your account (Account), registration on the Website and/or Profile in our absolute discretion (with or without giving reasons).
- To create an Account, access the Services and register a Profile on the Website you must provide a valid login name (your personal or professional email address) and a password (Account Information) and may be required to open a business account with the specified payment services provider to access certain features. Your Account information and Profile must respect the following rules:
– no resemblance with or imitation of the names of existing users;
– no vulgarity or insults;
– not the same or similar to any registered trademark; and
– no reference to political orientation, ethnicity, community membership or religion.
- You will receive an email confirmation of your Account registration request and your Account becomes active when you follow the email link to activate your Account.
- It is your responsibility to keep your Account Information secure and you agree:
– not to give out your email with your Account Information;
– not to use another person’s Account or share their Account Information;
– to take all measures to prevent a third party from accessing your Account, even without your knowledge;
– not to give access to your Account to a third party;
– not to loan, share, exchange, donate, purchase, transfer and/or sell any Account (which action is fully prohibited and will not be enforceable against us); and
– to use a personal or professional email address and not share this email address with any third party.
- You are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account.
5. PROFILES & INFORMATION
- We may collect from you or your third party account personal information for your Profile, including:
– Candidates: professional experience, location, qualifications and visa status; and
– Companies: company name, business type, location, working conditions and employee benefits; and
– Contributors: company name, career services type, location and qualifications.
- You acknowledge that we and other users of the Services rely on the accuracy and completeness of all information provided during the registration process, completing your Profile and updated on the Website. You shall be responsible for keeping your Account details and Profile up to date.
- We may require confirmation of identity, details of any registrations that can be publicly searched and copies of certificates for specified qualifications. You must make all declarations and obtain any necessary authorisation (including internal company authorisation) in accordance with the conditions of these Terms and as required by law (including those of the country in which you publish content). You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
- You acknowledge that we cannot verify or guarantee the information provided by other users.
6. USER CONTENT
- You are solely responsible for all activity on the Website and all content and information published on, sent via or in connection with the Services (including discussion posts, profile information and links, images and other content) (User Content). You warrant that User Content is accurate, complete, honest and genuine. You warrant and represent for User Content (including any musical works, films, videos, images, photographs, texts and other intellectual property) that you have unrestricted authority to use the content on the Website in accordance with these Terms without infringement of third party rights.
- You grant us an irrevocable, non-exclusive royalty-free global and unrestricted license to use, represent, reproduce and exploit such User Content for all purposes related to the Services (including reasonable marketing and promotional use). You acknowledge that such User Content may be made publicly available and that we are not responsible for editing or monitoring such information. We nevertheless reserve the right to delete any such information in our absolute discretion.
- We may include sponsored content and advertisements on the Website, including near your content and communications, without compensation to any user.
- We reserve the right to delete any such content in our absolute discretion and may modify the format, layout, language, size and metadata of such content without changing the meaning of your expression.
7. CONDITIONS OF USE
You accept and acknowledge the following conditions to access and use of the Services and any Services:
– you are over the age of 18
– you represent that you have capacity to form a binding contract in your jurisdiction;
– you have the authority to bind any business on behalf of which you use our Services;
– you have authority to use the payment method used;
– you register on the Website as a Candidate, Company or Contributor;
– you must provide us with accurate personal and contact information and not share your personal information with other users;
– you will only represent yourself and will not create false aliases or impersonate any other person or entity (with or without their consent) in connection with the Services;
– you only use the Services for lawful purposes; and
– you are not breaking any local, state, national or international law in your relevant jurisdiction by accessing or using this Services or the Services;
- We reserve the right to refuse to provide you with access to the Services if it is brought to our notice or if it is discovered that you are not an eligible user or have breached these Terms.
- You must not share personal information with other users. By using the Services, you warrant and represent that you will not directly or indirectly circumvent the Services and that all Engagements, Career Services and dealings with Candidates will comply with these Terms. Without limitation, Candidates, Companies and Contributors must not use the details on the Website to contact each other directly or engage outside of the Services, except for the purposes of an Engagement or Career Services subject to the Company Agreement & Contributor Agreement, and otherwise compliance with these Terms.
- You indemnify us for any loss or damage we suffer as a result of your breach of these Terms.
8. CODE OF CONDUCT & USER CONTENT
- You accept and acknowledge the following conditions to access and use of the Services and any Services:
– you must act responsibly, professionally, for the purposes of your professional activity and in good faith;
– you do not engage in any discrimination, racism, defamatory, improper, indecent, offensive or other behaviour that incites hatred, discrimination, racism, fanaticism or physical violence of an individual or group;
– you will treat the Services and its users with respect and will not partake in any conduct that could be considered bullying, harassment of any other person (as determined by us);
– you must not request or encourage sharing of personal information from minors;
– you shall not represent or advocate illegal or immoral activities;
– you shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Services, or related systems or networks, or any systems or networks connected to the Services;
– you shall not use any device, software or routine to interfere or attempt to interfere with the proper working of the Services or any transaction being conducted on the Site, or with any other person’s use of the Services;
– you must not introduce any software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of the Services, or related systems and processes, or to damage or obtain unauthorised access to any system, data, password or other information relating to the Services or otherwise;
– you must not collect for any purpose other than as permitted under these Terms any personally identifiable information, including full names, physical addresses or email addresses;
– you must not transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
– you shall not attempt to gain unauthorised access to any portion or feature of the Services, or any other systems or networks connected to the Services or to any server, computer, network, or to any of the services offered on or through the Services, by hacking, password “mining” or any other illegitimate means; and
– you do not breach any of the Terms.
- Without limitation to the conditions above, the following conditions apply to any User Content you comment, host, display, upload, modify, publish, transmit, update or share on the Website:
– User Content must be true, accurate and not misleading in any way;
– you have the necessary rights to publish and use User Content in accordance with these Terms;
– use of User Content in accordance with these Terms does not infringe any protected rights, whether such rights are human rights or those provided for under the intellectual property code (copyright, related rights, trademark, patent or other intellectual property);
– other than offers for work contemplated by the Services, nothing may involve any commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Services; and
– User Content must not contain pornographic scenes, scenes containing pedophilia or any other shocking scenes of any kind or which contains a link to any website or application which is reserved for adult use.
- You represent and warrant that your use of the Services and all of your User Content will comply with the above conditions.
9. FEES, COMMISSIONS & Payment
- We may charge you fees and charges as specified on the Website (or under the Company Agreement or Contributor Agreement, as applicable) (Fees), including subscription fees for accessing certain features or Services.
- The following fees apply to use of the Services, in addition to any other fees and charges:
– Candidates do not pay any fees for an Engagement resulting from use of the Services;
– Companies must pay a fixed commission as specified on the Website or agreed in writing with ALGOME (Success Fee) for each Engagement resulting within 12 months after any use of the Services;
– Contributors must pay a fixed commission as specified on the Website or agreed in writing with ALGOME (Success Fee) for each commencement of Career Services by any Candidate.
- Each of the Candidates, Companies and Contributors must provide a copy of any signed agreement or summary details of any verbal agreement relating to Engagement or Career Services resulting within 12 months after any use of the Services. Success Fees shall not apply if the Company or Contributor (as applicable) can demonstrate to our reasonable satisfaction that there was regular and direct communication with the relevant Candidate as part of an active process within the 3 months prior to us commencing the provision of Services and the relevant Engagement or Career Services (as applicable) being confirmed.
- All prices for the Services are exclusive of VAT and subject to change at any time. You agree to pay any duties or taxes with respect to the Services and indemnify us against any claim arising from failure to make such payment.
- Success Fee must be made on or before the start date of each successful Engagement, whether by payment service provider (including PayPal) or any other payment method specified on the Website. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on the relevant credit or debit card to pay for all charges, including variable fees for Engagements.
- If any amount due remains unpaid, we may suspend or terminate your Account, charge damages, additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
- Following any termination, the Success Fees will remain payable for any Engagement or Career Services being confirmed in a period of 12 months following any use of the Services, in the same manner as set out in Clause 2.
10. SERVICES AVAILABILITY
- The version of the Website software may be upgraded to add support for new functions and services.
- In order to use the Services, you are required to have a compatible computer, mobile phone, digital pad, or handheld device, internet access, and the necessary minimum system specifications.
- You acknowledge that we are not required to keep the Services available for your use and we make no warranties as to its availability or that the Services will operate continuously or error-free.
- We accept no responsibility for the unavailability of this Services, or any offer of Services found on the Website, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Services.
- We make no guarantees, implied or express, as to the ongoing availability of the Website or Services.
11. INTELLECTUAL PROPERTY
- All content on the Website is our copyright and property and can be used for any purpose relating to the Services or our business. Without our express written permission, you shall not copy the Services for your own commercial purposes, including:
– replicate or use the details and profiles of any other user;
– replicate all or part of the Services in anyway;
– use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, program, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Services, Profiles or any Content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Services; and
– incorporate all or part of the Services in any other webpage, website, Services, application or other digital or non-digital format.
- We have moral and registered rights in the ALGOME and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
- All content remains our Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Candidate, Company or Contributor.
12. THIRD PARTY LINKS, SERVICES & ADVERTISING
- The Services may contain links, information and advertising from businesses, people, websites and applications, hosted, published or operated by third parties (Third Parties). You consent to receiving this information as part of your use of the Services and acknowledge that we do not control Third Parties.
- We have implemented interactive communication tools, which enable users of the Services to comment on, recommend and rate other users, products or services, which they benefited from using the Services. The related comments and messages which are published on the Website must comply with these Terms. Without limitation, we reserve the right to: (i) issue certain warnings on the Website following repeated complaints formulated by unsatisfied users; and (ii) in exceptional circumstances, rate any service provider, based on objective criteria and taking into account the data available from this service.
- We have also developed tools which enable the users to share certain information from the Services on websites, social networks and blogs which are published by third parties, provided that this type of communication and sharing for promotional purposes, to the exclusion of any commercial use or for any promotional use which is not connected with the Services or our marketing activities;
- You may not post any hypertext links on another user’s page or on the forums, if such links send the user to Websites whose contents violate these Terms.
- If after receiving written notice to remove any link, you do not comply with any request for removal or otherwise ensure compliance with these Terms, we reserve the right to delete the link or related User Content and/or delete your Account.
- The use of hypertext links and/or hyperlinks, which directs individuals to our Website, is expressly authorised strictly for the promotion of the Website and the Services and prevent confusion with third party websites. Without limitation, we prohibit users from using techniques known as “framing”, “inline linking” and “deep-linking” for the non-authorised exact reproduction of the contents of the Website and the integration of the Website on webpages published by third parties.
- We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the websites, information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
13. LIMITATION OF LIABILITY & INDEMNITY
- You agree that you use the Services at your own risk.
- You acknowledge that we are not responsible for the conduct or activities of any Candidate, Company or Contributor and that we are not liable for such under any circumstances.
- You acknowledge that in using the Services and in relation to the supply of Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
- You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Services, including any breach by you of these Terms.
- In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Services or any content, or in any way relating to the Services (or the provision or non-provision of Services), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
- Certain rights and remedies may be available under the Sale of Goods Act 1979 or theConsumer Protection Act 1987, the Consumer Contracts Act 2013 and the Consumer Rights Act 2015 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.
15. FORCE MAJEURE
- Neither you or us (or our related entities) will be held responsible for any breaches or delays in the use or fulfillment of the Services or the Website caused by force majeure, including any matter outside a parties reasonable control or as otherwise understood under locally applicable law.
- In situations of force majeure, all obligations under these Terms are suspended, provided that after 48 consecutive hours, you may cancel your Account by sending notice to email below. If terminated for any of the above reasons, you will no longer be able to access your Account.
16. CANCELLATION & CLOSING ACCOUNTS
- You may only cancel the Services or end the agreement formed by these Terms, by written notice.
- You are not required to give reasons for such termination and your request will be deemed effective the day after receipt by us of your notice request to close the relevant Account.
17. SUSPENSION & TERMINATION
- We may end the agreement formed by the Terms, immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Services or Website.
- Any termination shall take effect without prejudice to any damages that we might claim from you and your legal representatives, in compensation of the loss suffered as a result of any breach or otherwise provided under these Terms.
- You will be informed by email of any termination or the confirmation of the termination of your Account. Data relating to the Account will be destroyed at your request or upon expiration of the legal time period following the termination of your Account.
- Your use of the Services may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Services should you receive a notice suspending or cancelling your license to use the Services.
- Except as otherwise provided in these Terms or by exceptional arrangement with us, no refund or reimbursement will be granted if the Account is terminated or cancelled before the end of any subscription period or without having redeemed all Credits held.
- You can contact our Candidate service team by email ([email protected]).
- You can direct notices, enquiries, complaints and so forth to us using any other details published on the Website. We will notify you of a change of details from time-to-time by publishing new details on the Website.
- We will send you notices and other correspondence to the email address that you submit to the Services. It is your responsibility to update your contact details as they change.
- A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
- We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
- We may in our absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
- Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
- These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
- The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
- These Terms and any non-contractual obligation arising therefrom, are governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the courts in London, England.