Terms and Conditions of updatedge
These terms were last updated: 1 August 2019
These Terms of Use are between updatedge Limited the owner of the updatedge services (Company or we or us) and the organization or individual wishing to make use of the Services (User).
THE WEBSITES PORTAL.UPDATEDGE.COM AND WWW.UPDATEDGE.COM (WEBSITE) AND THIER CONTENT IS PROPERTY OF AND MANAGED BY UPDATEDGE LIMITED AT 86-90 PAUL STREET, LONDON, UNITED KINGDOM, EC2A 4NE
IMPORTANT NOTICE:
- These terms and conditions of use (Terms of Use) apply to User’s visit to and use of this Website, as well as to all information, recommendations and/or services provided to User on or through this Website (Information).
- By accessing or using this Website, User agrees to the applicability of our Terms of Use, and to other documents such as our Privacy and Cookie Policy and Fee Description. These terms may be changed over time. Users are advised to regularly read the terms applicable to the use of the Website and our services for possible changes.
User should print a copy of these Terms of Use for future reference.
Agreed terms
1. Description of the services provided by company and Fees Charged
1.1 The Website provides a means to enable Users to identify suitably skilled contacts including temporary workers, to offer to connect with, to receive real-time updates of contacts and temporary workers’ availability, to offer opportunities to preferred temporary workers, to agree placement of such workers between the User, contacts and agency worker and to inform the mutual agency representing the User and the temporary agency worker of the agreement for formal assignment confirmation (Services).
1.2 The Services comprise a number of features and levels of service, designated as “Free”, “Micro”, “Standard”, “Pro” and “Enterprise” with upgrade options. The features available under each level of service, and the corresponding fees payable, are set out on our Prices and upgrades Description User shall be entitled to the relevant level of service for which it has subscribed and paid the associated fees.
2. Accessing the website
2.1 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to User if for any reason the Website is unavailable at any time or for any period.
2.2 User is responsible for making all arrangements necessary for it to have access to the Website.
2.3 User is also responsible for ensuring that all persons employed or engaged by it who access the Website through its internet connection are aware of these Terms of Use and other applicable terms and conditions, and that they comply with them.
2.4 We do not represent that content available on or through the Website is appropriate or available in locations other than the United Kingdom. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If User chooses to access the Website from outside the United Kingdom, it does so at its own risk.
3. Information Submitted through the site
3.1 User’s submission of information through the Website is governed by our Privacy and Cookie Policy . User represents and warrants that any information which it provides in connection with the Website is and will remain accurate and complete, and that it will maintain and update such information as needed.
3.2 User further represents and warrants that it has the necessary authority to request temporary workers whose details are made available through the Website and, in particular, that it has an appropriate agreement in place with the relevant employment agencies to make such requests. We have the right, without prior written notice and at no charge, to request that User provides us with satisfactory evidence of such authority. User agrees to provide us with such evidence within 3 business days of receiving such a request.
4. Registration: User Names and Passwords
4.1 User will be required to register to use the Website. The Company may reject (or require that User changes) any username, password or other information that it provides to the Company in registering. User’s username and password is for its use only and should be kept confidential. User, and not the Company, is responsible for any use or misuse of its username or password, and it must promptly notify the Company of any confidential breach or unauthorised use of its username or password.
5. Acceptable use restrictions
5.1 User must not:
(a) use the Website in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms of Use, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, including viruses, or harmful data, into the Website;
(b) infringe our intellectual property rights or those of any third party in relation to its use of the Website;
(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to its use of the Website;
(d) use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(e) interfere or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks;
(f) restrict or inhibit any other person from using the Website;
(g) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or use any of) the Website except as expressly authorised herein, without our express prior written consent;
(h) reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law;
(i) frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any frame or service, without our express prior written consent;
(j) systematically download and store Website content;
(k) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website without Company’s express prior written consent; or
(l) attempt to decipher any transmissions to or from the servers running any Service.
6. Variation
6.1 We reserve the right, in our sole discretion, to modify these Terms of Use, our Privacy and Cookie Policy, our fees, and the functionality offered by the Website at any time. We will provide Users with reasonable advance notice of any such modifications, which may be by e-mail or posting on the Website. We advise Users to check regularly for changes.
6.2 If User does not accept these modifications, it may terminate its use of the Website. Continued use of the Website after five (5) days following such changes shall be deemed to be acceptance of such changes.
6.3 User agrees that the Company shall not be liable to User or to any third party as a result of taking these actions.
7. Intellectual property rights
7.1 User acknowledges that all intellectual property rights in the Website and all material published on it belongs to us or our licensors. User has no rights in, or to, the Website other than the right to access the website in accordance with these Terms of Use. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
7.2 User is permitted to read the Website and make copies for its own use, for example by printing or storing it. All other use of the Website or the Information, for example the storage or reproduction of (a part of) the Website in any external internet site or the creation of links, hypertext links or deep links between the Website and any other internet site, is prohibited without the express written consent of the Company. Screen-scraping (or web-scraping) is prohibited without the express written consent of the Company.
7.3 The Company may refer to the User organization name and marketing logo as a user of the Services.
8. Viruses
8.1 We do not guarantee that the Website will be secure or free from bugs or viruses.
8.2 User is responsible for configuring its information technology, computer programmes and platform in order to access the Website. User should use its own virus protection software.
8.3 User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. User must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. User must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, User would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing User’s identity to them. In the event of such a breach or suspected breach, User’s right to use the Website will cease immediately.
9. Limitation of liability
9.1 Nothing in these Terms of Use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
9.3 We will not be liable to User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Website; or
(b) use of or reliance on any content displayed on the Website.
9.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect User’s computer equipment, computer programs, data or other proprietary material due to User’s use of the Website or to its downloading of any content on the Website, or on any website linked to the Website.
9.5 We assume no responsibility for the content of websites linked on the Website. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from User’s use of them. Our Privacy and Cookie Policy does not apply to the collection or processing of any personal data provided by User on or through such external sites.
9.6 The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including, but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
10. Disclaimer of warranties
10.1 The Website and any products and third party materials are made available to User “as is” without any warranties of any kind, whether express, implied or statutory. The Company disclaims all warranties with respect to the Website and any products and third party materials to the fullest extent permissible under applicable law, including the warranties of satisfactory quality, fitness for a particular purpose, non-infringement and title. All disclaimers of any kind (including in this section and elsewhere in these Terms of Use) are made on behalf of the Company and its affiliates and their respective shareholders, directors, officers, employees, affiliates, agents, representatives, licensors, suppliers and service providers.
11. Indemnity
11.1 Except to the extent prohibited under applicable law, User agrees to defend, indemnify and hold harmless the Company from and against all claims, losses, costs and expenses (including legal fees) arising out of (a) User’s use of, or activities in connection with, the Website (including all submissions); and (b) any violation or alleged violation of these Terms of Use by User.
12. Communication between us
12.1 If User wishes to contact us in writing, or if any condition in these Terms of Use requires it to give us notice in writing, User should send this to us by e-mail or by prepaid post to updatedge Limited at, 86-90 Paul Street, London, EC2A 4NE or notice@updatedevdev.wpenginepowered.com. We will confirm receipt of this by contacting User in writing, normally by e-mail.
13. Information or complaints
13.1 If User has a question or complaint regarding the Website, please send an e-mail to notice@updatedevdev.wpenginepowered.com. User may also contact us by writing to updatedge Limited at 86-90 Paul Street, London, EC2A 4NE. Please note that e-mail communications will not necessarily be secure; accordingly User should not include credit card information or other sensitive information in its e-mail correspondence with us.
14. Authority to assent to terms of use
14.1 If User is a company or other legal entity, you represent that you have the authority to assent to these Terms of Use on behalf of User. If you do not have such authority, you may not use the Services and we may immediately terminate your use of and access to the Website.
15. Other important terms
15.1 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
15.2 If we fail to insist that User performs any of its obligations under these Terms of Use, or if we do not enforce our rights against User, or if we delay in doing so, that will not mean that we have waived our rights against User and will not mean that User does not have to comply with those obligations. If we do waive a default by User, we will only do so in writing, and that will not mean that we will automatically waive any later default by User.
15.3 Each of the conditions of these Terms of Use operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
15.4 These Terms of Use are governed by English law. User and the Company both agree that the courts of England and Wales will have exclusive jurisdiction.