Terms & Conditions
The Hiyrd Platform Terms (Consumer)
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE
HIYRD TERMS OF SERVICE
Hiyrd Ltd, a company registered in England with number 14123696 (“Hiyrd” which is also referred to as “Us”, “We” and “Our”). We provide a unique service on to help employers and job seekers to meet up. Whether you are a student looking to part time work or a business looking for a new full time recruit, Hiyrd is your friend. Because You are sharing personal information using Our services We need to ensure that the legal basis on which You and We are working together is clearly stated. That is the intention of these terms. The good news is that the bottom line is that if You want to opt out, you can do so and (except to the extent that Your details have to be kept in order to comply with law), You also have a right to ask us what information We hold about You and also ask us to delete that information. Details on how to do this are given below and in the policies published on our website (links included below, too). We hope that you are joining us for the long journey, but we recognise that every journey starts with a single step and you need to be comfortable as you set off …
These terms and conditions (as amended by Us from time to time, “Terms”) govern Your access to and use of the services we make available, including Our various websites, SMS, APIs, email notifications, applications, buttons, widgets, ads, experiences and commerce services (collectively, the “Services”) and any job placements, information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”).
In these Terms “You” and “Your” mean you, being the individual agreeing to these Terms. If You are accessing and contributing Content or using the Services on behalf of a company, organization, government or other legal entity, you (the natural person agreeing to these Terms) represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “You” and “Your” as used in these Terms shall refer to such entity as well as to you as an individual.
INTRODUCTION
By using the Services You agree to be bound by these Terms.
You may only access or contribute Content and use the Services if You may lawfully do so. You may not use the Services unless You are at least 13 years old. If You are under 13 years old, You should not use the Services. In some territories local rules govern how old You must be to use online services, You should adhere to these rules.
You agree that the information that We ask You to provide will be true, and that You will not provide false details to Us.
LIMITS ON USE
You may not use the Services for any unlawful purposes or in furtherance of illegal activities. By using Hiyrd, You agree to comply with all applicable laws governing Your online conduct and provision and use of content.
You agree not to use Our logo, badges or other branding for any commercial purpose without Our permission or in any way that may be detrimental to Our interests or derogatory to Us or any other person who has provided Content (in their capacity as such). You agree not to assert any association, approval or endorsement by Us other than to the extent that We have specifically agreed with You in writing that You may make such assertion.
You agree not to seek to access, tamper with or use non-public areas of Hiyrd’s systems or interrupt, circumvent, probe or challenge any of the Services or transactions facilitated by Hiyrd or security provisions incorporated in any part of the Services or interfere with the proper operation of the Services.
PRIVACY
Our Privacy Policy (https://www.hiyrd.com/privacy) describes how We and others authorised by You (including businesses and third parties they or We work with) handle the information You provide to Us when You use the Services.
By accessing and contributing Content and using the Services You consent to the collection and use of Your personal information, including the transfer of this information throughout the world for storage, processing and use by Hiyrd and members of the same group of companies or persons to whom You have given Us consent to share Your data. If You respond to a posting by a business or communicate with another user of the Services You shall in doing so be deemed to have consented to Our sharing Your personal data with that other user to the extent reasonably necessary for that other user to take advantage of the consent You have given (and also for that other user to share with Us any personal data relating to You that the user holds). The Privacy Policy provides full details of how You agree to permit Us to share Your personal data when You sign-up to use Our Services.
You may need to create an account to use some of the Services. You are responsible for safeguarding Your account, so use a strong password and limit its use to this account. We accept no liability for any loss or damage arising from Your failure to comply with these Terms.
You agree that We may use any data We learn about You on an anonymous aggregated basis (that is to say in a way which does not allow anybody to identify You or to link You with the data We use).
CONTENT
You are responsible for Your use of the Services and for any Content You provide, including compliance with applicable laws, rules, and regulations. You should only provide Content that You are comfortable sharing with others.
You may not submit, post, or display any video or other content on or through the Services that includes third-party advertising, such as pre-roll video ads or sponsorship graphics, without Our prior consent.
You may not use the Services to send “spam” messages or to post content which is unlawful, offensive or which We acting reasonably determine is inappropriate (“Prohibited Content”). The following are examples of Prohibited Content, content that:
gives details of another person’s private information;
violates another person’s intellectual property rights or right to privacy,
impersonates or creates the impression that it has been made available by another person
promotes, endorses or encourages any unlawful, abusive, hateful, discriminatory, demeaning or harassing conduct or assists a person to engage in any unlawful or immoral activity or debases an individual in the eyes of another;
disseminates false or misleading information;
We deem inappropriately depicts violence, injury or procedures or is pornographic (and/or may be intended to cause sexual arousal);
incorporates, distributes or promotes malware, phishing or analogous code;
promotes a commercial activity or is intended to result in financial gain; and
is in breach of any of these Terms or any of Our policies (as updated from time to time).
We reserve the right to remove any Content (including, without limiting the generality of this provision, Prohibited Content).
We are not responsible for the accuracy of Content posted by others using the Services. Any use or reliance on any Content or materials posted via the Services or obtained by You through the Services is at Your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or communications posted via the Services or endorse any opinions expressed via the Services. You understand that by using the Services, You may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate, or in some cases, postings that have been mislabelled or are otherwise deceptive. All Content is the sole responsibility of the person who originated it. We are not obliged to monitor or control the Content posted via the Services and, We take no responsibility for such Content.
The Services are protected by copyright, trademark, and other laws protecting tangible and intangible assets. Nothing in the Terms gives You a right to use the Hiyrd name or any of the Hiyrd trademarks, logos, domain names, and other distinctive brand features. All right, title, and interest in and to the Services (excluding Content provided by You) are and will remain the exclusive property of Hiyrd and its licensors (which including other users).
RIGHTS IN THE CONTENT
You retain Your rights to any Content You submit, post or display on or through the Services. What’s yours is yours — You own Your Content (and Your incorporated audio, photos and videos are considered part of the Content). By using the Services You do not acquire rights in any Content (except to the extent that it is expressly shared with you by another user in the context of a specific job application.
We may promote any Content to You when You are using the Services. You accept that there is a risk that Content provided by a third party may be upsetting to You, that is not Our intention and if You are upset by Content please let Us know as soon as possible (email: contentabuse@hiyrd.com). We may also choose to promote Your public Content to others. We are under no obligation to do so, and assume no liability for doing so (your responses to job advertisements are not for these purposes public Content).
By submitting, posting or displaying Content on or through the Services (other than Content provided in response to a specific job advertisement), You grant Us a worldwide, non-exclusive, perpetual, assignable and irrevocable royalty-free license (with the right to sublicense) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content (in full or in part) in any and all media or distribution methods (now known or later developed). This license authorizes Us to make Your Content (other than Content provided in response to a specific job advertisement) available to the rest of the world and to let others do the same. You agree that this license includes the right for Hiyrd to provide, promote, and improve the Services and to make Content submitted to or through the Services available to other companies, organizations or individuals and for the syndication, broadcast, distribution, promotion or publication of such Content on other media and services. Such additional uses by Hiyrd, or other companies, organizations or individuals, may be made with no compensation paid to You or any attribution to You and applies to all Content that You submit, post, transmit or otherwise make available through the Services.
You represent and warrant that You have, or have obtained, all rights, licenses, consents, permissions, power and/or authority necessary to grant by You the rights granted in these Terms for any Content that You submit, post or display on or through the Services. You agree that such Content will not contain material subject to copyright or other proprietary rights, unless You have necessary permission or are otherwise legally entitled to post the material and to grant Hiyrd the license described above.
You agree that except to the extent expressly agreed by Us in writing addressed to You, nothing in the arrangements between You and Us operates to transfer any intangible or intellectual property rights to You.
If You believe that Your Content has been copied on the Services in a way that constitutes copyright infringement, please report this by contacting Us at copyright@hiyrd.com.
LIABILITY
We will not be liable for any errors or omissions in any Content. We do not guarantee the identity of any other users of the Services. You rely on Content at Your own risk. We do not guarantee that the Services are secure or free from Prohibited Content.
Unless We enter a separate express written agreement with You pursuant to which We assume a duty of care, liability or obligation to You, We exclude all such duties, liabilities and obligations to the fullest extent permitted by law (laws operate to restrict Us excluding liability in respect of Our own fraud or for certain types of physical harm occasioned by Our negligence), and by using the Services You agree to waive any duty, liability or obligation that We may, but for such waiver, owe You.
The Services may facilitate transactions. You agree that unless You are making payment to Us and We have expressly agreed to assume some liability or obligation, We have no liability or obligation to You in respect of any transaction facilitated through the Services.
The Services are evolving. We may stop (permanently or temporarily) providing the Services or any features within the Services to You or to users generally. We also reserve the right to create and implement limits on use of the Services and storage provided by Us at Our sole discretion at any time. We may also remove or refuse to distribute any Content on the Services or suspend or terminate Your (or any other user’s) access to or use of the Services or any other service provided by Us and to reclaim usernames without liability to You.
PERSONAL DATA, ADVERTISING AND PROMOTIONS
In consideration of Hiyrd granting You access to and use of the Services, You agree that Hiyrd may use Your personal data and make promotions to You. We may also use Your Content to make promotion to others. In this context “promotions” includes all forms of advertising.
You agree to accept and comply with all Our data protection privacy policies which are available here (https://www.hiyrd.com/privacy) and other terms and conditions notified to You from time to time.
You may opt out of receiving certain communications from the Services. We may however need to provide You with certain communications, such as service announcements and administrative messages. These communications are considered part of the Services and Your account, and You may not be able to opt out from receiving them. If You added Your phone number to Your account and You later change or deactivate that phone number, You must update Your account information to help prevent Us from communicating with anyone who acquires Your old number.
Any feedback, comments, or suggestions You may provide regarding Hiyrd, or the Services is entirely voluntary and We will be free to use such feedback, comments or suggestions as We see fit and without any obligation to You.
ENDING OUR RELATIONSHIP
You may end Your legal agreement with Hiyrd at any time by deactivating Your accounts and discontinuing Your use of the Services.
To deactivate and delete Your account please do one of the following (and read the paragraph below as well) contact Hiyrd by email at info@hiyrd.com with the subject, “Delete my account”.
If We receive a message purporting to come from You We may freeze Your account until You next log in to it and then ask You to confirm that You intend to delete it. When We delete an account We shall, except to the extent then required by law or regulation (or You otherwise agree with Us), We shall also delete all the personally identifiable information that We hold about You on all Our active systems. We may retain this data for a period in case You change Your mind (but are under no obligation to do so) or on historic backup systems but shall not (except to the extent then required by law or regulation) permit any access to or use of such data without Your consent whilst We do retain it. Once We have deleted Your account it may not be possible to recover any data previously associated with it.
We may terminate or suspend Your continuing use of the Services if We believe that You or Your account has been used to publish or promote Prohibited Content or otherwise breached any of these Terms or the policies.
UPDATES
We may revise these Terms from time to time. The changes will not be retroactive, and the most current version of the Terms, which will always be at https://www.hiyrd.com/terms, will govern Our relationship with You. Other than for changes addressing new functions or made for legal reasons, We will notify You 30 days in advance of making effective changes to these Terms that impact the rights or obligations of any party to these Terms, for example via a service notification or an email to the email associated with Your account. By continuing to access or use the Services after those revisions become effective, You agree to be bound by the revised Terms.
If any provision of these Terms is held to be invalid or unenforceable, then that provision will be limited or eliminated to the minimum extent necessary, and the remaining provisions of these Terms will remain in full force and effect. Hiyrd’s failure to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.
If You do not agree to these Terms of use, You must not use Our access or contribute Content or use the Services.
APPLICABLE LAW
Subject to overriding applicable consumer laws, these Terms and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales and You irrevocably agree that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
Thank You for visiting Our site.
The Hiyrd Platform Terms (Corporate)
The Hiyrd Platform Terms for Businesses seeking workers
(March 2023)
References in this agreement to “You” and “Your” are references to the person accepting these terms and conditions, references to “We”, “Us” and “Our” are to Hiyrd Limited a company incorporated in England and Wales with registered number 14123696 and whose registered office is at 128 City Road, London, United Kingdom, EC1V 2NX, references to the “Hiyrd Platform” are to the software as a service developed and hosted by Us with the intention of creating a cost-efficient and effective platform to facilitate communications with Job Applicants (as defined below) and references to “Client” are to the company identified by You in the process of signing up to use the Hiyrd Platform and references to the “Client’s Team” are to You, the Client and all Your and the Client’s staff and representatives. References to “Job Applicants” are to individual consumers whose personal data is controlled by or processed through the Hiyrd Platform. By agreeing to this agreement you represent to Us that you are authorised to bind each member of the Client’s Team and undertake to notify each of them of the terms and conditions which arise by virtue of this agreement. References to “You” in these terms and conditions includes (where We so elect) references to all members of the Client’s Team. You agree to pay the fees identified as set out on Our website.
Right to use and fees
Commercial terms: You agree to the terms included in the Commercial Terms annexed to this agreement and otherwise agree to the terms subject to which We generally make the Hiyrd Platform and services available (including the terms which consumers and Job Applicants are required to accept).
Right to use: Subject to the terms and conditions of this agreement We grant You a non-exclusive, non-transferable right to use the Hiyrd Platform for the purpose of facilitating communications between the Client and Job Applicants, gathering data relating to Job Applicants and other purposes for which We make it available to You for so long as You pay the fees to Us in accordance with the terms of this agreement and do not breach the terms of this agreement. We ensure the integrity and security of data relating to Job Applicants controlled and processed on and through the Hiyrd Platform but You are responsible for ensuring that when You control, process, handle or otherwise use or deal with personal data relating to Client’s Job Applicants all applicable privacy laws and regulations are adhered to. Unless We otherwise agree with You in writing, You must agree to a separate subscription in relation to each separate physical or geographic location operated by Client in respect of which Job Applicants are sought (being the location identified in the Commercial Terms, the “Client Location”).
Fees: You agree to pay Us the fees as calculated by Us as they fall due (such calculation to be in accordance with the current charges specified by Us in the process of Your signing up to use the Hiyrd Platform as amended from time to time in accordance with this agreement). If We offer a service the charges for which are not specified at the time that You sign up to use the Hiyrd Platform, but You subsequently use the services, You shall pay the prevailing rate as stated on Our website from time to time. We are obliged to charge VAT and this shall be added to the stated fees at the applicable prevailing rate. All fees are payable immediately upon the invoice being issued. To the extent that amounts due may be calculated in advance, We may raise an invoice in respect of amounts that will become due within the next 31 days. As part of the signing up process You authorise Us to deduct payment by standing order, direct debit or other automated payment process. You agree that We may request such payment as and when it falls due. Failure by Us to collect payment does not relieve You from any liability to pay Us. You undertake that if any payment mechanism You have approved fails, You shall immediately provide an alternative payment mechanism that shall not fail. The calculation of fees payable by You described in this agreement may be superseded to the extent expressly so agreed by one of Our legal directors in a written document describing itself as a derogation letter and specifying an alternative fee arrangement.
Changes to fees: Subject to the terms of this clause 1.4 We shall give You at least one month’s notice if We propose to amend the mechanism for calculating the amount You are to be charged without Your prior agreement. We may however, subject to the limit described in this clause, increase the amount payable by You for use of the Hiyrd Platform to reflect increases in RPI, costs incurred by Us and new innovations introduced by Us from time to time (and You will be obliged to pay such increases). If aggregate price increases (excluding any “pass-through” increase) is more than 2% above the increase in the Retail Prices Index published by the Office for National Statistics of the United Kingdom Government (calculated since the date of this agreement or, if later, the last time We increased the amount payable by You without Your prior consent) then You may give Us notice to terminate this agreement by giving Us at least three months’ written notice (ending at the end of a calendar month) within one month of Our notifying You of the increase. If You properly give Us notice in accordance with this clause 1.4 the notified increase shall not apply to You during the notice period. For these purposes a “pass-through” increase is Our passing on any costs which We incur that are directly attributable to any element of services provided by the Hiyrd Platform that You elect to use.
Regulated services: We have no regulatory approvals for providing any services and You are responsible for ensuring compliance with all relevant regulatory approvals.
Parties’ obligations
Primary warranty: We warrant that We have and will maintain all necessary licences, consents, and permissions necessary for the performance of Our obligations under this agreement. We also agree to ensure the integrity and security of data relating to Job Applicants controlled and processed on and through the Hiyrd Platform and that the Hiyrd Platform is compliant and maintains compliance with Our obligations as “Data Controller” as defined in and under the United Kingdom’s Data Protection Act 2018. Full details of how We comply with the act can be found in Our Data Compliance Statement (available here - https://www.Hiyrd.live/privacy, “Our Data Compliance Statement”).
Limitation of warranties. Subject always to the Data Compliance Statement, You understand and agree that the services are provided "as is" and We, Our affiliates, suppliers and resellers expressly disclaim all warranties of any kind, express or implied, including without limitation any warranty of merchantability, fitness for a particular purpose or non-infringement. We, Our affiliates, suppliers and resellers make no warranty or representation regarding the results that may be obtained from the use of the Hiyrd Platform, regarding the accuracy or reliability of any information obtained through the Hiyrd Platform or that the services provided by it will meet any user's requirements, or be uninterrupted, timely, secure or error-free. Use of the services offered by Us is at Your sole risk. Any material and/or data downloaded or exported or otherwise obtained by You through the use of such services is at Your own discretion and risk.
Our responsibilities: Save to the extent that You are entitled to rely on our Data Compliance Statement (in respect of any breach of which We shall be liable) You understand and agree that:
You are solely responsible for any loss resulting from Your use of the Hiyrd Platform and
We do not assume any responsibility for retention of any information relating to any data subject (as defined in the Data Protection Act 2018) or communications facilitated by the Hiyrd Platform or from data obtained by You from it.
No guarantee of outcomes: We cannot guarantee any specific results from use of the Hiyrd Platform, and use of the Hiyrd Platform is at Your own risk. We assume no liability or obligation to any person using the Hiyrd Platform pursuant to this agreement other than You.
Your information: You represent that the information provided by the Client’s Team in relation to itself in the course of contracting with Us is true and that all information that members of the Client’s Team provides to Us relating to itself or which any member of the Client’s Team publishes using the Hiyrd Platform (including, without limiting the generality of this provision) any information included in the Client’s “Profile” shall also be true.
Client own use only: You agree to use the Hiyrd Platform pursuant to this agreement solely for the purpose of facilitating relationships and communications between the Client and Job Applicants for the Client Location (and You agree not to give access to the Hiyrd Platform to any person who is not actively engaged in posting requests for such Job Applications or assessing any such applications made by Job Applicant using the Hiyrd Platform). You agree to use the Hiyrd Platform in accordance with the guidelines issued by Us from time to time. Unless We otherwise agree with You in writing, no other use is permitted. No member of the Client’s Team may reproduce, resell, or distribute reports or data generated by the Hiyrd Platform for any purpose unless You have been specifically permitted to do so under a separate agreement with Us. You agree not to permit any person to offer or enable any third parties to use or access the Hiyrd Platform made available under this agreement or to develop, produce or market a service or product substantially similar to the Hiyrd Platform.
Responsibility for hardware and network connections: You agree that You are solely responsible for procuring and maintaining that all network connections and telecommunications links and any devices used in conjunction with the Hiyrd Platform operate effectively (other than the server on which the Hiyrd Platform is hosted and its connections to the internet). You are responsible for providing and maintaining all hardware that You and the Client use. You agree that We have no responsibility or liability to You, the Client or any Job Applicant in respect of any software or hardware used by Job Applicants or their ability to connect to the Hiyrd Platform.
Security: Members of the Client’s Team may be able to choose usernames and passwords in order to access the Hiyrd Platform or to be granted special privileges within the Hiyrd Platform. You are entirely responsible for controlling which members of the Client’s Team are given rights to select usernames and passwords (and the privileges conferred on them) and for maintaining the security of such details and ensuring that they are not disclosed to any third party. You may not issue more than five logins for use of the Hiyrd Platform without Our consent (and We may charge for additional logins to be issued). We have no liability for any action taken by any person who has used any username and password associated with use of the Hiyrd Platform by any member of the Client’s Team. You confirm that each member of the Client’s Team to whom You make the Hiyrd Platform available is at least 16 years of age and is otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties included in this agreement, and to abide by and comply with this agreement.
Your privacy: The Hiyrd Platform is designed not to publish personal information provided by Clients or Job Applicants otherwise than in accordance with instructions given to it by You or (where appropriate) the Job Applicant. The Hiyrd Platform is designed to ensure that each Client and Job Applicant has the right to control how his or her own personal information is used. In the usual process of using the Hiyrd Platform Job Applicants are asked to agree that certain of their personal information may be made available to Us or other named entities. Nothing in this agreement operates to restrict the right to use any personal data in respect of which such agreement has been given.
Ownership of data: The Client is entitled to use the personal data created or received by it using the Hiyrd Platform for the purpose of communicating with Job Applicants who have responded to positions offered by the client at the Client Location in accordance with the terms of this agreement (but shall not own or be entitled to use any personal data which is obtained as a result of a breach of this agreement or for which any necessary consent from the person to whom the data relates has not been obtained or for any other purpose). We may use any data held on or processed by the Hiyrd Platform on an anonymous aggregated basis and You also agree that (subject always to Our complying with applicable laws) We are free to use any data that is collected as a result of Your, the Client’s or any Job Applicants’ usage of the Hiyrd Platform or any other interaction You or any of them (or Your or their representatives) have with Us (and in such circumstances to the extent that We exercise such rights We shall be the controller of such data). By interacting with the Hiyrd Platform members of the Client’s Team and Job Applicants may give Us additional consents to use data acquired through the use of the Hiyrd Platform.
Liability for loss of data: Subject to the Data Compliance Statement (and save as otherwise provided by applicable laws to which We are subject), We shall not be responsible to You, the Client or any Job Applicant for any loss, alteration or disclosure of any data. You agree that Your sole and exclusive remedy resulting from any loss or damage to data, shall be for Us to use reasonable commercial endeavours to arrange for lost or damaged data to be restored through any backup controlled by Us. If a Job Applicant (or other person who is data subject as defined in the Data Protection Act 2018) purports to exercise a legal right to require that their personal data is amended or removed, We shall to the extent that We are advised is required amend or remove such data.
IPR: We and/or Our suppliers, as in each case applicable, retain ownership of all proprietary rights in the Hiyrd Platform and in all trade names, trademarks, service marks, logos, strap lines and domain names associated or displayed with the Hiyrd Platform ("Hiyrd Marks"). You may not frame or use framing techniques to enclose any Hiyrd Marks, any of the Hiyrd Platform’s interface screen or other proprietary information (including images, text, page layout or forms) of Ours without Our express written consent. You may not use any meta tags or any other "hidden text" utilizing Hiyrd Marks without Our express written consent. You may not post, modify, distribute, or reproduce in any way copyrighted material, trademarks, rights of publicity or other proprietary rights without obtaining the prior written consent of the owner of such proprietary rights.
Restrictions: You agree that no member of the Client’s Team shall:
attempt to gain access to any part of the Hiyrd Platform by entering incorrect information;
provide to or disseminate through the Hiyrd Platform (or use the Hiyrd Platform to publish or endorse or incite) any misleading, obscene, offensive, discriminatory, morally questionable or other assertion or information which may bring any Us or any other person into disrepute or which may lead to any sort of Governmental, Court or other regulatory sanction;
undertake any download or extraction of data in a way which is not compliant with applicable laws (or use any such data in a way that is not so compliant), re-publish or re-purpose any information screen produced by Us or presented by the Hiyrd Platform (and, in particular, but without limiting the generality of this provision, not to obscure any copyright or similar notice published by Us);
Use the Hiyrd Platform to obtain commercially sensitive information to circumvent the legitimate commercial interests of a third party;
Use the Hiyrd Platform in such a way as harms, disables or adversely affect performance of the Hiyrd Platform or which does or is intended to harm or extract information or data which the Client Team is not legitimately entitled to access or alter;
Use the Hiyrd Platform in violation of any policy published by Us or in a manner that violates applicable law (including but not limited to anti-spam, export control, privacy, data protection and anti-terrorism laws and regulations and laws requiring the consent of subjects of audio and video recordings, and You agree that You are solely responsible for compliance with all such laws and regulations);
reverse engineer or to attempt to reverse engineer, amend, copy or emulate any part of the Hiyrd Platform or to attempt to gain unauthorised access to the Hiyrd Platform or any connected system (and each of them shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Hiyrd Platform);
Use any service that copies, emulates or integrates with the Hiyrd Platform or seeks to circumvent the Hiyrd Platform or uses any functionality offered by any part of the Hiyrd Platform’s API (other than services advertised by Us on Our website as integrating with the Hiyrd Platform or which We confirm to You in writing You may integrate with the Hiyrd Platform (which confirmation may be caveated or given to some limited extent or for a particular purpose));
Use the Hiyrd Platform to facilitate any illegal activity or in a way which implies ownership of (or entitlement to) any intellectual property or other tangible or intangible property or rights where such ownership or entitlement does not exist; and
(except to the extent We expressly agree in writing) not onward provide any service facilitated by the Hiyrd Platform to any third party (other than the Client).
You agree that We may suspend access to, or remove, any content or posting which comes to Our attention and which We (acting reasonably) believe may be in contravention of any contractual term which You have agreed with Us or which we consider may expose Us to any censure or criticism.
Payment terms and liability limits
Payment terms: Amounts payable pursuant to this agreement are non-cancellable and non-refundable. If We have not received a payment by the due date then We may (without prejudice to any other rights and remedies that We may have and without liability to You) disable all Your and the Client’s access to all or any part of the Hiyrd Platform. You agree (notwithstanding any action taken by Us pursuant to this clause 3) to pay compensation and interest (at the rate provided for the purposes of the Late Payment of Commercial Debts (Interest) Act 1998) in respect of invoices not duly paid. Unless agreed by Us in the course of Your signing up to use the Hiyrd Platform or specified otherwise in writing, You shall pay the highest standard rates as advertised on Our web pages for use of the Hiyrd Platform in the circumstances applicable to Your use of it.
Separate charges: Support options and other services not stated as included in the services to be provided to You on Our website may (if subsequently requested) be charged separately at Our then-current prevailing rate (available on request). Configuration advice, support, training and development are offered by Us subject to separate charge at Our then current prevailing rate (available on request). Subject to clause 1.4, You accept that We shall have no liability to You in respect of any support, service or advice We offer other than to the extent that We have liability pursuant to this agreement in respect of the performance of the Hiyrd Platform (which liability includes liability under Our Data Compliance Statement). Any configuration or development advised or implemented by Us shall (to the extent of such advice or implementation) be deemed to form a part of the Hiyrd Platform.
Right to suspend access: If You breach any provision of this agreement or We have not received a payment by the due date then We may (without prejudice to any other rights and remedies that We may have and without liability to You) fully or partially suspend or disable the Client Team’s access to all or any part of the Hiyrd Platform.
Risk: The Hiyrd Platform is made available on an “as is” basis and (except to the extent provided in the Data Compliance Statement) Your use of the Hiyrd Platform is at Your sole risk. The Hiyrd Platform may offer access to functions or services (which may or may not be classified as being in “beta”) and such functions and services may not be made available generally. We give no assurance that any such function or service will be made generally available or that such function or service shall be supported in any environment or continued (and We reserve the right to discontinue or modify any function or service at any time without notice).
Cap on liability: Subject to clauses 3.6 and 3.7:
We shall not be liable whether in tort (including for negligence or breach of statutory duty), contract, misrepresentation, restitution or otherwise for any loss of profits, loss of business, depletion of goodwill and/or similar losses or loss or corruption of data or information, or pure economic loss, or for any special, indirect or consequential loss, costs, damages, charges or expenses however arising under this agreement; and
the total aggregate liability that We have arising in connection with any type of loss suffered by all members of the Client’s Team shall be limited to the net of VAT amount received by Us from You in respect of the month in which the relevant loss is first suffered.
Express representations etc only: Except as expressly and specifically provided in this agreement all warranties, representations, conditions and all other terms of any kind whatsoever implied by statute or common law are, to the fullest extent permitted by applicable law, excluded from this agreement.
Non-excluded liabilities: Nothing in this agreement excludes Our liability:
for death or personal injury caused by Our own negligence;
for Our own fraud or fraudulent misrepresentation; or
in respect of a breach of privacy laws or regulations to the extent that We may not lawfully exclude such liability; or
to the extent that law otherwise provides that any liability may not be excluded.
Compliance: You agree that, except to the extent inconsistent with the terms and conditions of this agreement, You shall accept and adhere to the general user terms and conditions applicable to Your use of all websites, social media and other communication channels that You use in connection with the Hiyrd Platform or which We host or promote. You undertake to procure that the Client’s Team comply with all the provisions of this agreement as if named in it as a party to this agreement alongside You.
Your breach: You agree to indemnify, defend and hold harmless Us and each of Our affiliates, officers, directors, employees, consultants, agents, suppliers and resellers against all damages and expenses directly or indirectly suffered as a result of any breach of any provision of this agreement by any member of the Client’s Team or the infringement or violation by any member of the Client’s Team of any intellectual property or other right of any person or entity or applicable law or (save to the extent that the liability results from Our breach of the Data Compliance Statement) otherwise arising from use of the Hiyrd Platform pursuant to this agreement.
Term and termination
Termination on notice: This agreement has immediate effect and (subject to the following provisions of this clause 4) the obligations in it to provide services and make payments continue until either party gives the other at least three months’ written notice of termination terminating at the end of a calendar month in which the anniversary of the date of this agreement falls.
Early termination: We may terminate the obligations to provide services and make payments pursuant to this agreement immediately if We believe that You have breached its terms or circumstances arise as a result of which We are restricted in Our ability to make the Hiyrd Platform available or to satisfy Your requirements. You may give notice to terminate in accordance with clause 1.4.
Effect of termination: On termination of the obligations to provide services under this agreement all rights to access or use the Hiyrd Platform granted under this agreement shall immediately terminate, We may destroy or otherwise dispose of any of Your data (which shall include the personal data relating to Client’s Job Applicants that We hold for You) in Our possession. Unless We terminate this agreement without cause and where You are not in breach of any of its terms (in which case you shall not be obliged to make payments in respect of any period after termination), You shall be obliged to pay any then contracted fees and other amounts due to Us (which may include interest) up to the first date on which You could properly have terminated this agreement by giving notice to Us after the date of termination. Rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the agreement which existed at or before the date of termination, and undertakings given by You in this agreement shall not be affected or prejudiced and shall continue in full force and effect. Restrictions imposed on You by this agreement shall also continue to bind You for the period stated in this agreement (if any).
Joint controller agreement and data sharing
Data Controller / Processor Designation: You and We are designated as Joint Data Controllers (as defined in the General Data Protection Regulation (“GDPR”) and as that concept is recognised in the Data Privacy Act 2018 (“DPA”)). This means that You and We are each responsible to the Job Applicants (who are “data subjects” for the purpose of the GDPR and DPA) for the protection of their personal data. In this joint relationship We are the lead Data Controller and will and will manage the relationship between Us, the Job Applicants and the Information Commissioner’s Office.
Your responsibilities: As joint controller of personal data held on the Hiyrd Platform You agree to ensure that You use that data only for lawful purposes for which the data subject has given consent in connection with Your communications to Job Applicants in their capacity as such (and not fir any other purpose). You agree to indemnify Us in respect of any loss suffered by Us as a result of any unauthorised use of data by You.
Data Collection Source: Job Applicant personal data may be collected when a Job Applicant registers on the Hiyrd Platform and when the Job Applicant communicates through the Hiyrd Platform.
Responsibility for extracted data: You agree to indemnify Us in respect of any loss suffered by Us as a result of any unauthorised or improper use, dissemination or failure to protect any personal data by You or any person under Your control or who you permit to access the data.
Miscellaneous
Force majeure: We shall have no liability to You under this agreement if We are prevented from or delayed in performing Our obligations under this agreement, or from carrying on business, by events beyond Our reasonable control.
Execution and counterparts: This agreement may be accepted by Your clicking acceptance on the Hiyrd Platform or Our website or other app or may be signed electronically and such signature shall be as effective as a handwritten signature and this agreement may also be signed in counterparts on the basis that each counterpart shall be merged to form a single agreement which is binding on each signatory.
Variation: No variation of this agreement shall be effective unless it is in writing and approved by the parties.
Conflicts: Unless otherwise agreed by You and Us in writing this agreement prevails over any other agreement that You may propose exists between You and Us. You agree that this agreement, even if accepted by You electronically, is deemed to be in writing and that (unless agreed in writing by Us) substitutes, replaces and prevails over any other agreement between Us that You may have proposed or may propose in the future.
Publicity: You may not without Our prior written consent make any public comment about this agreement or Your dealings with Us. We may announce that We provide services to You.
Entire agreement: This agreement and the general user terms for our site (which also apply to You) constitute the whole agreement between You and Us in relation to the Hiyrd Platform and supersedes any previous agreement between You and Us relating to the same subject matter. You acknowledge and agree that in entering into this agreement You do not rely on any undertaking, promise, assurance, statement, representation, warranty or understanding (whether in writing or not) of any person (whether party to this agreement or not) relating to the subject matter of this agreement, other than as expressly set out in this agreement.
Assignment: You shall not, without Our prior written consent, assign, transfer, charge, sub-contract or deal in any other manner with all or any of Your rights or obligations under this agreement. We may assign Our rights or obligations under this agreement.
No partnership or agency: Nothing in this agreement is intended to or shall operate to create a partnership between the parties, or authorise either party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).
No IP transfer: Nothing in this agreement operates to transfer any intellectual property rights between the parties.
Non-solicitation: Until 12 months after this agreement has terminated You shall not directly or indirectly induce or seek to induce any employee or contractor of Ours to leave their engagement with Us.
Third-party rights: This agreement does not confer any rights on any person or party (other than the parties to this agreement and, where applicable, their successors and permitted assigns) pursuant to the Contracts (Rights of Third Parties) Act 1999.
Interpretation: References in this agreement to Us, We or Our in the context of obligations owed to Us or rights or entitlements conferred on Us shall be deemed to include reference also to any contractor nominated by Us or any company which is a subsidiary undertaking or a parent undertaking of Ours or any company which is a subsidiary undertaking of any such parent undertaking (“parent undertaking” and “subsidiary undertaking” having the meanings given to them in section 1162 of the Companies Act 2006) or any officer or employee of any such company.
Notices: We may give You notice by alert notification through the Hiyrd Platform. Any other notice required to be given by You under this agreement shall be in writing and may be given by hand, pre-paid first-class post or recorded delivery post to Us at Our registered office address.
Policies: You and We undertake to comply with all applicable requirements of applicable data protection and privacy legislation. By accepting this agreement, You accept Our policies and other terms and conditions notified to You (whether through the Hiyrd Platform, Our website or otherwise) from time to time. These policies include Our privacy policy and other provisions relating to GDPR, data protection as well as Our anti-fraud policies, use of the Hiyrd Platform guidelines and schedules of fees payable for bespoke work or consultancy or use of the Hiyrd Platform outside the scope of the right to access and use the Hiyrd Platform granted by these terms and conditions.
No group claims: You agree to resolve disputes only on an individual basis and You (and each member of the Client’s Team) expressly waive any right to bring any action, lawsuit, or proceeding as a member of a class or as part of a collective action, private attorney general action, or any other proceeding in which any party acts or proposes to act in a representative capacity.
Governing law: This agreement and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the law of England and Wales.
Jurisdiction: Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with this agreement or its subject matter or formation (including non-contractual disputes or claims).
