TERMS & CONDITIONS
Skilled4Jobs Terms of Service
Last updated: November 29, 2018
These “Terms of Service” constitute a legally binding agreement between you and Skilled4Jobs Ltd. (“Company” or “Skilled4Jobs”) governing your use of the Skilled4Jobs Platform (as defined below), Company’s website ( https://www.skilled4jobs.com or the “Site”) or mobile applications (the “Apps”). The Skilled4Jobs platform and related services provided by Company, the Site and Apps, including without limitation communications and information (whether in writing, orally, or otherwise howsoever) provided by Company to potential and actual Tradespeople and Clients in relation to the services, together are hereinafter collectively referred to as the “Skilled4Jobs Platform.”
A few highlights of these Terms of Service include:
- You agree that the Skilled4Jobs Platform is provided “as is” and without warranty (Section 16).
- Your agreement that Company has no liability regarding the Skilled4Jobs Platform or the performance of Tradesperson (Section 16) except as may be expressly set forth in this Agreement.
- Your acknowledgment and agreement that you, and not Skilled4Jobs, scope, supervise, direct, control, and monitor a Tradesperson’s work and the Services (Section 1).
- Your consent to release Company from liability based on claims between Users (Section 2) and generally (Sections 16), subject to the exceptions expressly set forth in those Sections.
- Your agreement to indemnify Company from claims due to your use or inability to use the Skilled4Jobs Platform or content submitted from your account to the Skilled4Jobs Platform (Section 17).
All monetary amounts set forth herein may be paid in the applicable Sterling equivalent using conversion rates from USD on the date of payment to the User.
- The Skilled4Jobs Platform Connects Tradespeople and Clients
The Skilled4Jobs Platform is a web-based communications platform which enables connections between Clients and Tradespeople. “Clients” are individuals and/or businesses seeking to obtain professional services from “Tradesperson”, and are therefore clients of Tradespeople, and “Tradespeople” are individuals and/or businesses seeking to perform Services for Clients. Clients and Tradespeople together are hereinafter referred to as “Users.” If you agree on the terms of a Service with another User, you and such other User form a Service Agreement directly between the two of you as set forth in more detail in Section 3 below.
Tradespeople are independent contractors and not employees, partners, agents, joint ventures, or franchisees of Company. The company does not perform Services and does not employ individuals to perform these Services. Users hereby acknowledge that the Company does not supervise, direct, control or monitor a Tradesperson’s work. Skilled4Jobs is not responsible for the work and therefore has no responsibility or liability for the work performed on the Services in any manner, including but not limited to a warranty or condition or good and workmanlike services, warranty of fitness for a particular purpose, or compliance with any law, regulation, or code.
The Skilled4Jobs Platform only enables connections between Users for the fulfillment of Services. Skilled4Jobs is not responsible for the performance or communications of Users, nor does it have control over the quality, timing, legality, failure to provide, or any other aspect whatsoever of Services, Tradespeople, Clients, nor of the integrity, responsibility, qualifications, or any of the actions or omissions whatsoever of any Users, or of any ratings provided by Users with respect to each other. The company makes no warranties or representations about the suitability, reliability, timeliness, or accuracy of the Services requested or provided by, or the communications of or between, Users identified through the Skilled4Jobs Platform, whether in public, private, or offline interactions or otherwise howsoever.
- User Vetting and User Representations and Warranties
In accordance with Skilled4Jobs’s policy, Users may be subject to an extensive vetting process before they can register for and during their use of the Skilled4Jobs Platform, including but not limited to a verification of identity, right to work checks and criminal background checks, using third-party services as appropriate (“Identity Checks”). Skilled4Jobs will conduct Identity Checks as appropriate, in accordance with Company policy and applicable laws.
Although Skilled4Jobs may perform Identity Checks, Company is not required to do so and cannot confirm that each User is who they claim to be. Skilled4Jobs uses third-party services to perform checks and therefore Skilled4Jobs cannot and does not assume any responsibility for the accuracy or reliability of Identity Check information or any information provided through the Skilled4Jobs Platform.
When interacting with other Users, you should exercise caution and common sense to protect your personal safety, data, and property, just as you would when interacting with other persons whom you don’t know. Skilled4Jobs will not be liable for any false or misleading statements made by Users of the Skilled4Jobs Platform.
Neither Skilled4Jobs not its parents, affiliates, or licensors, including their respective directors, officers, shareholders, agents, investors, subsidiaries, attorneys, representatives, insurers, employees, successors and assigns (hereinafter referred to collectively as “Skilled4Jobs and Affiliates”), is responsible for the conduct, acts, or omissions, whether online or offline, of any User of the Skilled4Jobs Platform and you hereby release Skilled4Jobs and Affiliates from any and all liability, claims, demands, or damages or every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such use of the Skilled4JobsPlatform.
User Representations and Warranties
You represent and warrant that: (1) you are 18 years of age or older and are at least of the legally required age in the jurisdiction in which you reside, and are otherwise capable of entering into binding contracts, and (2) you have the unrestricted right to work in the jurisdiction in which you reside and accept each applicable Service without additional immigration approvals, and (3) you have the right, authority and capacity to enter into this Agreement and to abide by the terms and conditions of this Agreement, and that you will so abide. Where you enter into this Agreement on behalf of a company or other organization, you represent and warrant that you have authority to act on behalf of that entity and to bind that entity to this Agreement.
You further represent and warrant that you have read, understand, and agree to be bound by these Terms of Service in order to access and use the Skilled4Jobs Platform. You hereby warrant and represent that you will respect the privacy (including without limitation private, family and home life), property and data protection rights of Users and that you will not record (whether video or audio or otherwise) any Service or any interaction by or with any User and/or Company in connection with the Skilled4Jobs Platform without the prior written consent of Company and/or the relevant User, as applicable. You further represent and warrant that you will fulfil the commitments you make to other Users, including paying/receiving payment through the Skilled4Jobs Platform, performing the Service(s) agreed upon as between the Tradesperson and Client, communicating clearly and promptly through the chat thread and/or responding to invitations promptly, being present and/or available at the time you agree upon with your Tradesperson or Client as the case may be, and only utilizing the third party payment processing system specified or approved by us to make or receive payment for services provided through the Skilled4Jobs Platform. You also represent and warrant that you will act professionally and responsibly in your interactions with other Users. You further represent and warrant that when using or accessing the Skilled4Jobs Platform, you will act in accordance with any applicable national or international law, custom and in good faith.
You hereby warrant and represent that, other than as fully and promptly disclosed to Company as set forth below, you do not have any motivation, status, or interest which Company may reasonably wish to know about in connection with the Skilled4Jobs Platform, including without limitation, if you are using or will or intent to use the Skilled4JobsPlatform for any journalistic, investigative, or unlawful purpose; or if you have any potentially relevant unspent criminal convictions or cautions (other than minor fixed penalty parking or speeding offenses). You hereby warrant and represent that you will promptly disclose to Company in writing any such motivation, status or interest, whether existing prior to registration or as arises during your use of the Skilled4Jobs Platform.
Tradespeople additionally represent and warrant that you will provide timely, high-quality services to your Clients, you will only offer and provide services for which you have the necessary skills and expertise, and you will provide the services safely.
- Billing and Payment Policy
Users of the Skilled4Jobs Platform contract for Services directly with other Users. Skilled4Jobs will not be a party to any contracts for services provided to clients. Payment for Skilled4Jobs services through the Skilled4Jobs Platform is made directly from the Client to the Tradesperson via their choice, and not by Skilled4Jobs. Skilled4Jobs is not obligated to pay Tradesperson for Client’s failure to pay for services.
- Contests, Gift Cards, and Promotional Codes,
Company may from time to time provide certain promotional opportunities and contests to Users. All such promotions will be run at the sole discretion of Company, and shall be subject to separate contest terms.
- Public Areas / Acceptable Use of it
The Skilled4Jobs Platform may contain profiles, email systems, blogs, message boards, reviews, ratings, applications, job postings, chat areas, news groups, forums, communities and/or other message or communication facilities (“Public Areas”) that allow Users to communicate with other Users. You may only use such community areas to send and receive messages and materials that are relevant and proper to the applicable forum. For the safety and integrity of the Skilled4Jobs Platform, you should not share your personal contact information with other Users.
- Termination and Suspension
Skilled4Jobs may terminate or limit your right to use the Skilled4Jobs Platform at any time in the event we believe that you have breached any provision of this Agreement (a “User Breach”), by providing you with written or email notice. Such termination or limitation will be effective immediately upon delivery of such notice.
If Skilled4Jobs terminates or limits your right to use the Skilled4Jobs Platform pursuant to this Section 7, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. If Company terminates or limits your right to use the Skilled4Jobs Platform as a Client due to a User Breach, you will not be entitled to any refund of unused balance in your account.
Even after your right to use the Skilled4Jobs Platform is terminated or limited, this Agreement will remain enforceable against you. Skilled4Jobs reserves the right to take appropriate legal action.
Company reserves the right to modify or discontinue, temporarily or permanently, all or any portion of the Skilled4Jobs Platform at its sole discretion. Company is not liable to you for any modification or discontinuance of all or any portion of the Skilled4Jobs Platform. Company has the right to restrict anyone from completing registration as a Tradesperson if Company believes such person may threaten the safety and integrity of the Skilled4Jobs Platform, or if, in Company’s discretion, such restriction is necessary to address any other reasonable business concern.
You may terminate this Agreement at any time by ceasing all use of the Skilled4Jobs Platform. All parts of this Agreement which by their very nature should survive the expiration or termination of this Agreement shall continue in full force and effect subsequent to and notwithstanding the expiration or termination of this Agreement.
- Account, Password, and Security
You must register with Skilled4Jobs and create an account to use the Skilled4Jobs Platform (an “Account”). You are the sole authorized user of your account. You are responsible for maintaining the confidentiality of any log-in, password, and account number provided by you or given to you by Skilled4Jobs for accessing the Skilled4Jobs Platform. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. If you are accessing and using the Skilled4Jobs Platform on someone else’s behalf, you represent that you have the authority to bind that person as the principal to all Terms provided herein. Skilled4Jobs has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security, you must contact Skilled4Jobs immediately.
“User Generated Content” is characterised as any data and materials you give to Skilled4Jobs, its corporate accomplices, or different Users regarding your enrollment for and utilization of the Skilled4Jobs Platform, including without restriction that data posted or transmitted for use in Public Areas. You are exclusively in charge of User Generated Content, and we act only as an aloof channel for your online circulation and distribution of your User Generated Content. You recognize and concur that Skilled4Jobs isn’t associated with the creation or advancement of User Generated Content, disavows any duty regarding User Generated Content, and can’t be subject for cases emerging out of or identifying with User Generated Content. Further, you recognize and concur that Skilled4Jobs has no commitment to screen, audit, or expel User Generated Content, however claims all authority to confine or evacuate User Generated Content on the Skilled4Jobs stage at its sole tact.
The Skilled4Jobs Platform hosts User-Generated Content relating to reviews and ratings of specific Tradesperson (“Feedback”). Such Feedback is such User’s opinion and not the opinion of Skilled4Jobs, has not been verified or approved by Skilled4Jobs and each Client should undertake their own research to be satisfied that a specific Tradesperson is the right person for a Service. You agree that Skilled4Jobs is not responsible or liable for any Feedback or User-Generated Content. Company encourages each User to give objective, constructive and honest Feedback about the other Users with whom they have transacted. Company is not obligated to investigate any remarks posted by Users for accuracy or reliability but may do so at its discretion.
The Skilled4Jobs Platform may contain links (such as hyperlinks) to third-party websites. Such links do not constitute endorsement by Skilled4Jobs or association with those websites, their content or their operators. Such links (including without limitation external websites that are framed by the Skilled4Jobs as well as any advertisements displayed in connection therewith) are provided as an information service, for reference and convenience only. Skilled4Jobs does not control any such websites, and is not responsible for their (i) availability or accuracy, or (ii) content, advertising, products, or services. It is your responsibility to evaluate the content and usefulness of the information obtained from other websites. You acknowledge and agree that Skilled4Jobs is not involved in the creation or development of third-party websites and disclaims any responsibility for third-party websites, and cannot be liable for claims arising out of or relating to third-party websites. Further, you acknowledge and agree that Skilled4Jobs has no obligation to monitor, review, or remove links to third-party websites, but reserves the right to limit or remove links to third-party websites on the Skilled4Jobs platform at its sole discretion.
The use of any website controlled, owned or operated by third parties is governed by the terms and conditions of use and privacy policies for those websites. You access such third-party websites at your own risk. Skilled4Jobs expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the Skilled4Jobs Platform. You hereby agree to hold Company harmless from any liability that may result from the use of links that may appear on the Skilled4Jobs Platform.
- Worker Classification and Withholdings
Skilled4Jobs does not perform Services and does not employ individuals to perform services. Each User assumes all liability for proper classification of such User’s workers based on applicable legal guidelines.
Users do not have authority to enter into written or oral – whether implied or express – contracts on behalf of Skilled4Jobs. Each User acknowledges that Skilled4Jobs does not, in any way, supervise, direct, control or monitor a Tradesperson’s work or Service performed in any manner. Skillde4Jobs does not set a worker’s work hours or location of work. Skilled4Jobs will not provide any equipment, labour or materials needed for a particular Service. Skilled4Jobs does not provide any supervision to Users.
The Skilled4Jobs Platform is not an employment service and Skilled4Jobs is not an employer of any User.
- Intellectual Property Rights
All text, graphics, editorial content, data, formatting, graphs, designs, HTML, photographs, music, sounds, images, software, videos, designs, trademarks, logos, typefaces and other content (collectively, “Skilled4Jobs Proprietary Material”) that Users see or read through the Skilled4Jobs Platform is owned by Skilled4Jobs, excluding User Generated Content, which Users hereby grant Skilled4Jobs a license to use. Skilled4Jobs Proprietary Material is protected in all forms, media and technologies now known or hereinafter developed. Skilled4Jobs owns all Proprietary Material, as well as the coordination, selection and arrangement of such Proprietary Materials. The Proprietary Material is protected by the domestic and international laws governing copyright, patents, and other proprietary rights. Users may not copy, download, use, redesign, reconfigure, or retransmit anything from the Skilled4Jobs Platform without Skilled4Jobs’s express prior written consent and, if applicable, the holder of the rights to the User Generated Content. Any use of such Proprietary Material, other than as permitted therein, is expressly prohibited without the prior permission of Skilled4Jobs and, if applicable, the holder of the rights to the User Generated Content.
The service marks and trademarks of Skilled4Jobs, including without limitation Skilled4Jobs and the Skilled4Jobs logos, are service marks owned by Skilled4Jobs. Any other trademarks, service marks, logos and/or trade names appearing via the Skilled4Jobs Platform are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner.
- Confidential Information
You acknowledge that Confidential Information (CI as defined below) is a valuable, special and unique asset of Skilled4Jobs and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any CI for any purpose other than using the Skilled4Jobs Platform in accordance with these Terms of Service. If relevant, you may disclose the CI to your authorised employees and agents provided that they are also bound to maintain the confidentiality of CI. You shall promptly notify Skilled4Jobs in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of CI. You shall use best efforts to protect CI from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Skilled4Jobs upon termination of this Agreement for any reason whatsoever.
The term “Confidential Information” shall mean any and all of Skilled4Jobs’s trade secrets, confidential and proprietary information, and all other information and data of Skilled4Jobs that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances, strategic and other proprietary and confidential information relating to Company or Company’s business, operations, or properties, including information about Company’s staff, Users or partners, or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.
- Disclaimer of Warranties
(a) Use of the Skilled4Jobs Platform is entirely at your own risk.
The Skilled4Jobs Platform is provided on an “as is” basis without warranties of any kind, either express or implied, including, but not limited to, warranties of merchantability, fitness for a particular purpose, and non-infringement. Skilled4Jobs makes no warranties or representations about the accuracy or completeness of the content provided through the Skilled4Jobs Platform or the content of any sites linked to the Skilled4Jobs Platform and assumes no liability or responsibility in contract, warranty or in tort for any (i) errors, mistakes, or inaccuracies of content, (ii) personal injury or property damage, of any nature whatsoever, resulting from your access to and use of the Skilled4Jobs Platform, (iii) any access to or use of our secure servers and/or any and all Personal Information and/or Financial Information stored therein; and (iv) events beyond our reasonable control. Skilled4Jobs does not warrant, endorse, guarantee or assume responsibility for any service advertised or offered by a third party through the Skilled4Jobs Platform or any hyperlinked website or featured in any banner or other advertising, and Skilled4Jobs will not be a party to or in any way be responsible for monitoring any transaction between you and third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, you should use your best judgment and exercise caution where appropriate. Without limiting the foregoing, Skilled4Jobs and Affiliates do not warrant that access to the Skilled4Jobs Platform will be uninterrupted or that the Skilled4Jobs Platform will be error-free; nor do they make any warranty as to the results that may be obtained from the use of the Skilled4Jobs Platform, or as to the timeliness, accuracy, reliability, completeness or content of any service, information or materials provided through or in connection with the use of the Skilled4Jobs Platform. Skilled4Jobs and Affiliates are not responsible for the conduct, whether online or offline, of any User. Skilled4Jobs and Affiliates do not warrant that the Skilled4Jobs Platform is free from computer viruses, system failures, worms, trojan horses, or other harmful components or malfunctions, including during hyperlink to or from third-party websites.
No individual or entity shall be a third party beneficiary of these Terms. These Terms are solely for the benefit of the parties to this Agreement and are not intended to and shall not be construed to give any person or entity other than you any interest, remedy, claim, liability, reimbursement, claim of action or any other rights (including, without limitation, any third party beneficiary rights), with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
(b) No liability
You acknowledge and agree that Skilled4Jobs is only willing to provide the Skilled4Jobs Platform if you agree to certain limitations of our liability to you and third parties. Therefore, you agree not to hold Skilled4Jobs and Affiliates, or their corporate partners, liable for any claims, demands, damages, expenses, losses, governmental obligations, suits, and/or controversies of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed (collectively, “liabilities”) that have arisen or may arise, relating to your or any other party’s use of or inability to use the Skilled4Jobs Platform, including without limitation any liabilities arising in connection with the conduct, act or omission of any User (including without limitation stalking, harassment that is sexual or otherwise, acts of physical violence, and destruction of personal property), any dispute with any User, any instruction, advice, act, or service provided by Skilled4Jobs and Affiliates and any destruction of your User Generated Content.
Under no circumstances will Skilled4Jobs and Affiliates or their corporate partners be liable for any direct, indirect, incidental, actual, consequential, economic, special or exemplary damages (including but not limited to lost profits, loss of data, loss of goodwill, service interruption, computer damage, system failure, failure to store any information or other content maintained or transmitted by Skilled4Jobs, or the cost of substitute products or services) arising in connection with your use of or inability to use the Skilled4Jobs Platform or the Skilled4Jobs services, even if advised of the possibility of the same.
- Governing Law
This Agreement and your use of the Skilled4Jobs Platform shall be governed by English law, and any dispute regarding this Agreement or the use of the Skilled4Jobs Platform will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.
- No Agency / No Employment
No agency, partnership, joint venture, employer-employee or franchiser-franchisee relationship is intended or created by this Agreement.
- Changes to this Agreement and the Skilled4JobsPlatform
- Notices and Consent to Receive Notices Electronically
You consent to receive any agreements, notices, disclosures and other communications (collectively, “Notices”) to which this Agreement refers electronically including without limitation by e-mail or by posting Notices on this Site. You agree that all Notices that we provide to you electronically satisfy any legal requirement that such communications be in writing. Unless otherwise specified in this Agreement, all notices under this Agreement will be in writing and will be deemed to have been duly given when received, if personally delivered or sent by certified or registered mail, return receipt requested; when receipt is electronically confirmed, if transmitted by facsimile or email; or the day after it is sent, if sent for next day delivery by a recognized overnight delivery service.
If you have any questions about these Terms of Service or about the Skilled4 Jobs Platform, please contact us by email at email@example.com.