FIXR JOBS TERMS & CONDITIONS OF SERVICE
The FIXR Jobs website (fixr.co/jobs) (the “Platform”)) is owned and operated by VIPR Digital Limited trading as FIXR or FIXR Jobs (“we”, “our” and “us”). VIPR Digital Limited is a private limited company, registered in England (company number: 8184813, registered office: 184 Shepherds Bush Road London, W6 7NL). Our VAT registration number is 161892490.
The Platform is a listings service, whereby Employers can showcase information about their company and list available Jobs, and Applicants can apply for these Jobs by way of video application.
These are the terms and conditions of use and service which apply to the Platform (the “Terms”). By accessing the Platform, registering details, advertising job opportunities, applying for jobs, or carrying out other activities using the Platform, you are subject to the Terms and agree to be bound by them. You should make yourself aware of the Terms and print a copy for future reference if necessary.
These Terms are effective as at 1 March 2019.
For the purposes of these Terms, the following definitions shall apply.
“Applicant” a person who applies for a Job via the Platform.
“Employer” an entity which advertises Jobs on the Platform which are available.
“Job” means a permanent or temporary job, internship or placement (as applicable) as advertised on the Platform from time to time.
1. GENERAL TERMS
1.1 You must be aged sixteen (16) or over to use the Platform. Individuals under the age of sixteen (16) are expressly prohibited from using the Platform.
1.2. Neither we nor any third parties provide any warranty or guarantee as to the accuracy, timeliness, performance, completeness or suitability of the information and materials found on the Platform for any particular purpose. You acknowledge that such information and materials may contain inaccuracies or errors and we expressly exclude liability for any such inaccuracies or errors to the fullest extent permitted by law.
1.3. Your use of any information or materials on this website is entirely at your own risk, for which we shall not be liable. It shall be your own responsibility to ensure that any products, services or information available through the Platform meet your specific requirements.
1.4. In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of the Platform.
1.5. We will do our best to offer you a smooth service, but we give no guarantees that the Platform will be fault free or that the services provided will be uninterrupted. If a fault does occur, please contact us and we will attempt to correct the fault as soon as we reasonably can.
1.6. We may occasionally restrict your access to the Platform to carry out repairs, maintenance or to introduce new functionality or services and we will endeavour to keep disruption to a minimum.
1.7. New services are subject to a period of testing. This means that a new service may not perform with complete functionality, may be undergoing testing, may be inconsistently available, may have software “bugs” being fixed by us and may have other issues affecting availability and functionality.
1.8. Unauthorised use of this Platform may give rise to a claim for damages and/or be a criminal offence.
1.9. The Platform may include links to other websites. These links are provided for your convenience to provide further information. We have no responsibility for or control over the content of the linked website(s) and the inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.
1.10. The content of the Platform is for your general information and use only. It is subject to change without notice.
1.11. These Terms and the relationship between you and us shall be governed by the laws of England and Wales without regard to its conflict of law provisions. You and we agree to submit to the personal and exclusive jurisdiction of the courts of England and Wales.
1.12. These Terms are not intended to give rights to anyone except you and us, unless otherwise expressly indicated by us within these Terms. We may assign our rights and obligation under these Terms without your prior consent to any new provider of the Platform.
1.13. If any provision of these Terms is found to be unlawful, void, or for any reason unenforceable, then the provision will be deleted. Any such deletion will not affect the validity and enforceability of any of the other provisions of these Terms.
1.14. We may amend these Terms at any time by posting the amended terms on our website and / or by amending the Terms as they are accessed from the Platform. It is your responsibility to review these Terms from time to time to check if they have been amended. The effective date of each new version of the Terms will be included at the top of the Terms page. If you continue to use the Platform or you download any content or upgrade to a new version of the Platform after we have posted any amended terms that will demonstrate that you accept our updated Terms. Should you not accept these amendments, you may choose to stop using the Platform at any time.
2. JOB ADVERTISING AND APPLICATIONS
2.2. The Platform is an internet-based service through which (i) Applicants can input details about themselves and upload / submit video-based applications for Jobs (“Applicant Information”); and (ii) Employers can upload (or send to us for upload) promotional videos, company information, and information about Jobs which are available (“Employer Information”).
2.3. In listing content on the Platform, including video materials, you authorise us to allow others to see and hear these. You also authorise us to record and store both Applicant Information and Employer Information on our servers.
2.4. Unless we have your express agreement, we will not use Applicant Information and Employer Information for any purpose unrelated to your account with us. We will not sell Applicant Information or Employer Information to a third party.
2.5. Given that you will be using the Platform for employment-related purposes, you represent and warrant that in using the Platform, you are acting in compliance with all applicable employment laws and regulations, including, but not limited to The Employment Rights Act 1996, The National Minimum Wage Act 1998, and The Equality Act 2010. Employers undertake not to engage in any activity that violates any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work. Applicants also undertake not to engage in any activity that violates applicable laws governing their legal eligibility to work.
2.6. We are not an employment agency. We are not involved in the recruitment process and will not make any representations on behalf of Applicants or Employers. The Platform is simply a way for Employers and Applicants to meet and connect. We offer no guarantees of employment and make no representations as to the suitability or quality of Applicants or Employers.
2.7. We make no guarantee that Employers will receive responses from Applicants in respect of any Jobs, and we make no guarantee to Applicants that their Job applications will result in a follow-up by an Employer, interview, offer of employment or otherwise.
2.8. Should you wish to remove content from the Platform, including videos, please contact us at firstname.lastname@example.org. Removal of Job listings by Employers is subject to our Fee provisions, set out below.
3.1. The Platform is free for Applicants.
3.2. Unless otherwise agreed expressly in writing, in using the Platform, Employers will be required to pay the fees as displayed on fixr.co/jobs, which are subject to change at any time. These include both set-up and listing fees.
3.3. Unless otherwise stated, VAT is payable on all fees. Fees will be payable either by way of invoice or directly through the Platform. Failure to pay fees by the time specified may lead to suspension of termination of your Employer account with us. Employer Information will not be listed on the Platform until all outstanding fees are settled in full.
3.4. We do not offer refunds in respect of any fees paid. As such, there will be no refunds should you not make use of your account, or not receive applications for Jobs advertised by you.
3.5. Should fee payments be cancelled or reversed by our payment partners because of insufficient funds or chargebacks, you will be responsible for any charges and/or penalties implemented by these payment partners.
3.6. Payment of the required Job listing fee by Employers means that the Job in question will be listed as available on the Platform for a period of time agreed with you, or in the absence of agreement for one month, and will automatically expire if the listing is not renewed. If the Job is filled or becomes unavailable it is your responsibility to inform us of this promptly so that we can remove the listing. Fees will not be pro-rated if a Job becomes unavailable part-way through a payment month.
4. ACCEPTABLE USE AND CONTENT STANDARDS
4.1. You agree not to use the Platform for any of the following purposes:
4.1.1. to break any laws or regulations;
4.1.2. to do anything fraudulent, or which has a fraudulent effect;
4.1.3. to harm or attempt to harm minors;
4.1.4. to do anything with material that does not meet our content standards (see para 4.2 below);
4.1.5. to copy in any way (including scraping) or re-sell any part of our site;
4.1.6. to interfere with or damage any part of our site, equipment, network, software or storage arrangements;
4.1.7. for unsolicited advertising material (spam);
4.1.8. to transmit any data or material that is harmful to other programs, software, or hardware;
4.1.9. to create Job postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed;
4.1.10. to create Job postings that misrepresent the job or Employer.
4.2. Our content standards apply to all material that you contribute to our Platform. Your contributions must be accurate and within the law. Your contributions must not be defamatory, obscene or offensive, likely to deceive, harass, annoy, threaten, or invade someone else's privacy. Your contributions must not promote material that is sexually explicit, promote violence or discrimination based on race, sex, religion or belief, age, disability, gender reassignment, pregnancy or maternity, marriage or civil partnerships, or sexual orientation, infringe anyone else's intellectual property, be used to impersonate anyone, or misrepresent anyone's identity or encourage or assist anything that breaks the law.
4.3. If you are found to be in breach of our content standards, we have complete discretion to exercise our rights of suspension or termination in accordance with clause 7 of these Terms.
4.4 We reserve the right to remove any content from the Platform at any time and without notice.
4.5 Content submitted to the Platform, including videos submitted by Applicants, may be pre-screened by us before it is made live or passed to Employers. If we deem content unacceptable, you may receive communications from us about this.
5. INTELLECTUAL PROPERTY
5.1. You acknowledge and agree that all intellectual property rights (including, but not limited to, copyright, trademarks, logos, text, graphics, photos, sound, illustrations, animations and videos or Rights in and to our software, applications and website) in all material or content contained within the Platform shall remain at all times owned by us or our licensors. Except as expressly set out in these Terms, nothing in these Terms gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the Platform or content from the Platform.
5.2. You agree not to (and agree not to assist or facilitate any third party to) copy, reproduce, transmit, publish, display, distribute, commercially exploit or create derivative works of any Platform material and content.
5.3. You agree that by submitting any content, information, images or otherwise for publication on the Platform, (“User Generated Content”) you retain any copyright you may have in the User Generated Content, however you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, edit, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such content (in whole or in part) and/or to incorporate it into other works in any form, media or technology, whether for commercial or non-commercial purposes. You waive any moral rights you may have in, or to be identified as the author, of User Generated Content. Employers will be given temporary access to videos created and submitted by Applicants, and may not download or copy such videos or otherwise obtain permanent access to these.
5.4. You are solely responsible for your User Generated Content (including content you share with other sites, such as social networking sites) and we do not endorse User Generated Content or any opinion, recommendation, or advice expressed therein, and we expressly disclaim any and all liability in connection with User Generated Content.
6.1. Notwithstanding any review or approval of any Job posting by us, Employers agree to indemnify FIXR and its affiliates, and hold FIXR and its affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable legal fees) related to third party claims or proceedings, arising out of or related to your Job postings, any candidate hiring or employment decisions, and breach of these Terms.
7.1. We may terminate these Terms and close any account you have with us by giving you one month’s notice in writing by email to your registered email address. We may also terminate these Terms immediately and close your account without notice if you breach any of your obligations under these Terms, or if court or bankruptcy proceedings are brought against you.
7.2 We reserve the right to suspend, restrict or terminate your access to the Platform at any time without notice if we have reasonable grounds to believe you have breached any of these Terms. This shall not limit our right to take any other action against you that we consider appropriate to defend our rights or those of any other person.
7.3. Termination shall not prejudice any other right or remedy you or we may have in respect of accrued rights (including rights in respect of any breach) or liabilities which arose prior to termination.
7.4. You are under no obligation to use the Platform and may simply choose to stop using it at any time.