TERMS of SERVICE (“ToS”)

Version published on 1st September, 2023.

This document constitutes the General Terms of Service (hereinafter referred to as the ToS) of www.theworkfolk.com (the “Website”) and more generally of the services provided by Rapyd Ltd t/a WorkFolk (hereinafter referred to as “WorkFolk’, “Company,” “we,” or “us”) including but not limited to access to the WorkFolk referral platform and WorkFolk’s network of business professionals and online communities (the “Services”).

On accepting these ToS you are entering into a contractual relationship between WorkFolk and you, as an individual user or on behalf of a legal entity.

These ToS may be modified at any time by us. You should therefore review these ToS before you use the Website or Services.

BY USING THE WEBSITE, SERVICES, COMPLETING THE REGISTRATION PROCESS OR SELECTING “I AGREE”, YOU DECLARE THAT:

(1) YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TOS AND OUR PRIVACY POLICY, FOUND HERE (THE “PRIVACY POLICY”) INCORPORATED HEREIN BY REFERENCE;

(2) YOU ARE OF LEGAL AGE TO ENTER INTO A CONTRACT WITH WORKFOLK;

(3) YOU ARE ENTITLED TO ENTER INTO A CONTRACT PERSONALLY OR ON BEHALF OF THE COMPANY NAMED IN YOUR REGISTRATION. YOU AND/OR THE COMPANY MENTIONED AT THE TIME OF YOUR REGISTRATION ARE THEREFORE BOUND BY THESE TOS AND THE PRIVACY POLICY.

IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU SHALL NOT USE THE WEBSITE OR THE SERVICES.

KEY POINTS

1. WorkFolk’s mission

WorkFolk offers a service that connects Referrers, Candidates and Employers via the Website https://www.theworkfolk.com

Following which an Employer and a Candidate may enter into an Employment Contract between themselves.  

2. Rates applied by WorkFolk

Whilst access to the Website https://www.theworkfolk.com is free of charge for all Candidates and Referrers, Employers have to pay a fee to use the Service. Employers are required to pay a one-off fee, as set out on the Website, when they sign an Employment Contract with a Candidate from a Referral through the WorkFolk Website. The fee is due to WorkFolk per Referral which leads to an Employment Contract being agreed between the Candidate and the Employer. 

3. Duty of loyalty when providing information

Any user, Employer, Referrer or Candidate using the Website https://www.theworkfolk.com agrees to inform WorkFolk as soon as an Employment Contract is signed which has resulted from the use of the WorkFolk Services. As this is how WorkFolk earns its revenue, failure to provide this information will be a material breach of this agreement.

This duty continues for a period of six (6) months from the date of the Referral on the Website, and any Employment Contract signed during this period must be transmitted to WorkFolk, so that the WorkFolk Fee can be charged and the Referrer Fee can be settled.

DEFINITIONS

“Candidate(s)” refers to any natural or legal person who is referred by Referrers through the Website for Open Roles.

“Employer(s)” refers to any natural or legal person who requests registration on the Website in order to receive Referrals for Open Roles.

“Open Role(s)” refers to job roles added to the Website by an Employer in order to receive Referrals.

“Referrer(s)” refers to any natural or legal person who requests registration on the Website in order to provide Referrals for Open Roles.

“Referral(s)” refers to the service provided by Referrers where they submit a Candidate to an Employer for consideration for an Open Role.

“Introduction(s)” refers to when the Employer is put in direct contact with the Candidate via email or other means through the Website.

“User(s)” refers to the Employer and the Referrer together or individually.

“Community Partner(s)” refers to online communities that have entered into an agreement with WorkFolk in order to share Open Roles with their Community Members.

“Community Member(s)” refers to any natural or legal person who is a member of an online community that is a WorkFolk Community Partner.

“WorkFolk” refers to the company Rapyd Ltd.

“Website” refers to WorkFolk’s Website www.theworkfolk.com, via which Users can exchange information with a view to concluding an Employment Contract.

“Service” refers to the service offered by WorkFolk to bring together Employers and Referrers through the platform directly managed on the Website.

“Account” refers to the registration and creation of a profile on the Website by a Referrer or Employer and all content published by a Referrer or Employer in order to post Open Roles and make Referrals on the Website.

“Employment Contract” refers to any agreement under which the Candidate performs work for the benefit of the Employer in return for payment of a fee.

“WorkFolk Fee” refers to the fee paid to WorkFolk by the Employer once a Candidate has signed an Employment Contract.

“Referrer Fee” refers to the fee paid to the Referrer by WorkFolk once the WorkFolk Fee has been paid.

EMPLOYERS – HOW THE SERVICE WORKS

The WorkFolk Website allows you, as an Employer, to post Open Roles and receive Referrals. Before you are able to post any Open Roles, you will be required to set up an Account and complete your profile on the Website.

Our registered Referrers will receive access to the Open Roles once they are live, and are free to use the Website to refer Candidates to you.

Open Roles will also be shared with WorkFolk’s network of Community Partners once live in order to generate Referrals from Community Members. 

We advise you to also share the link to the Open Roles with your employees and encourage your employees to share the link to the Open Roles with their own networks.

A Referrer will be required to register and create an Account on our Website before they can refer any Candidates to you for your Open Roles.  

Once a Referrer has referred a Candidate for an Open Role, the Candidate will receive a notification to provide their consent for the Referral and for their details to be made available to you. Once they’ve given consent, you will be able to view the Candidate on the Website.

On receipt of the Candidate, you can choose to reject the Candidate for the Open Role or request an Introduction. You and the Referrer shall be able to track the progress of the recruitment process through the Website.

EMPLOYERS – PAYMENT

If a Candidate is successful and you sign an Employment Contract with the Candidate for the Open Role, or any other role within 6 months of receiving the Referral, you shall be required to pay the WorkFolk Fee as set out on the Website. 

You shall inform WorkFolk, without delay, of the date of signature of the Employment Contract and the WorkFolk Fee shall be payable within 30 days of the Employment Contract being signed in full with no set off and shall be exclusive of any VAT. 

WorkFolk will settle payment with the Referrer within 30 days of receiving the WorkFolk Fee.

REFERRERS – HOW THE SERVICE WORKS

The WorkFolk Website allows you to refer Candidates you deem suitable for Open Roles posted by Employers on the Website. 

You will be required to create an Account and complete your profile before you are able to make any Referrals.

Once you have made a Referral through the Website, the Candidate will receive a notification to provide their consent for the Referral and for their details to be made available to the Employer. Once they’ve given consent, the Employer will be able to view the Candidate on the Website.

In order to ensure the reliability and functionality of the service, you agree when registering (i) to provide, to the best of your knowledge, only correct and current information about the Candidate (ii) to indicate your true identity and (iii) to never maintain more than one account on the Website. Failure to comply may lead to your access to the Website being removed and you not receiving payment for any Candidates you have referred.

On receipt of the Candidate, the Employer can choose to reject the Candidate for the Open Role or request an Introduction. 

If the Employer requests an Introduction, an email will be automatically sent from the Website introducing the Employer to the Candidate. Discussions between the Candidate and Employer will be private.

You and the Employer shall be able to track the progress of the recruitment process through the Website.

REFERRERS – PAYMENT

If the Candidate is successful and signs an Employment Contract with the Employer for the Open Role, or any other role within 6 months of your Referral, you shall be due the Referrer Fee as set out on the Website. The Referrer Fee shall be paid within 30 days of WorkFolk receiving its fee from the Employer.

In the event that WorkFolk does not receive payment of the WorkFolk Fee from the Employer, no Referrer Fee shall be owed to the Referrer.

If a Candidate is referred by more than one Referrer, only the first Referrer to refer the Candidate will be eligible for payment.

Referrers acknowledge and accept that they are solely responsible for ensuring compliance with all applicable tax laws and fulfilling their legal obligations related to taxation.

REFERRERS – WHERE TO ACCESS ROLES

All Open Roles posted by Employers on the Website can be accessed via the WorkFolk Job Board.

All Referrers will receive email notifications regarding new Open Roles added to the Website.

All Referrers will automatically be added to the WorkFolk WhatsApp Community (using the number they provided on registration) where new Open Roles will be posted regularly.

CANDIDATES – HOW THE SERVICE WORKS

The WorkFolk Website allows people within your network (Referrers) to refer you (Candidate) for Open Roles posted by Employers.

Referrers are required to create an Account and complete their profile before they are able to refer any Candidates.  

Once you have been referred, you will receive an email notification which will contain details of the Open Role you have been referred for and a request for you to consent for your details to be shared with the Employer for consideration for the Open Role.

If you do not consent to be referred for the Open Role, your details will not be shared with the Employer and no further action is required by you.

If you do provide consent, the Employer will be able view the following details on you provided by the Referrer:

  • First and last name
  • LinkedIn/other public profile (e.g. GitHub)
  • Current/last position
  • Current/last company
  • Experience level (scale from Entry to Expert)
  • Skills and experience match
  • Endorsement on why they’d recommend you

On receipt of your details, the Employer will choose whether they’d like an Introduction to discuss the Open Role with you. 

If the Employer does not request an Introduction, you and the Referrer will receive a notification and feedback on why the Employer rejected the Introduction.

If the Employer requests an Introduction, an email will be automatically sent from the Website introducing you to the Employer.

Once an Introduction is made, discussions between you and the Employer are private and confidential without WorkFolk or the Referrer participating. 

The Referrer and Employer will be able to see the stage of the recruitment process you are at on the Website. The Referrer will also receive a notification informing them on whether you have been hired, with some feedback from the Employer if unsuccessful.

Being referred or introduced to an Employer through the Website does not establish any obligation for you to accept an interview proposal or to conclude any type of contract. 

If you sign an Employment Contract with the Employer for the Open Role or another role within 6 months of the Referral, the Employer will pay WorkFolk and the Referrer a fee as set out on the Website. 

Candidates cannot refer themselves for an Open Role.

GENERAL PROVISIONS

Your Account

In order to use our Website or Services, you must register for an Account. In registering, you agree to provide accurate, current, and complete information about yourself (“Registration Data”) and update it as necessary. If WorkFolk has reason to believe that your Registration Data is inaccurate, outdated, or incomplete, WorkFolk may suspend or terminate Your Account. You agree you will not: (a) create an Account using a false identity or information that is not your own; (b) have more than one Account; or (c) create an Account or use the Services if you have been previously removed from the Services. 

We reserve the right, in our sole discretion, to accept or reject your registration to use our Services, as well as suspend or terminate your Account for any reason, or no reason at all. You agree that the Registration Data you provide to register an Account and information provided through your use of the Website is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.

Costs of the Service

By accepting these ToS, the Employer agrees to pay the WorkFolk Fee as set out on the Website when an Employment Contract is signed with a Candidate.

WorkFolk reserves the right to change its rates and billing methods at any time after these ToS have been updated and the Employers duly informed by email.

In the event of a change in rates, WorkFolk shall inform the Employers directly on the Website or by sending an informative email to each of them.

Invoicing and payment of the WorkFolk Fee

The resulting invoices shall be sent by e-mail to the address provided by the Employer at the time of registration.

The WorkFolk Fee is invoiced once the Employment Contract with the Candidate is signed. The corresponding invoice is payable within 30 days of the Employment Contract being signed in full with no set off and shall be exclusive of any VAT. 

Late payment

In the event of non-payment within thirty (30) days, the amounts owed will automatically and without prior request be charged interest at a rate of 5% points above the respective applicable base interest rate.

Disagreement

Any disagreement from the Employer regarding the invoicing of the WorkFolk Fee must be expressed in a letter stating the reasons and sent by registered post with acknowledgment of receipt within eight (8) days of the date of issue of the invoice. In the absence of such a letter, the Employer shall be deemed to have accepted the invoice.

The Candidate is already known to the Employer

If an Employer can establish that they had commenced a recruitment process with a Candidate in the three (3) months prior to the date on which they received the Referral of the Candidate on the Website, the Employer shall be exempt from paying the WorkFolk Fee.

This waiver is subject to the following three conditions being met:

(i) the Employer has solicited (or been solicited by) the Candidate within the three (3) months prior to receiving the Referral of the Candidate on the Website;

(ii) the Candidate has responded positively to their solicitation (or the Employer has responded positively to the Candidate’s solicitation); and

(iii) a discussion was still ongoing between the Candidate and the Employer at the time the Employer received the Referral of the Candidate on the Website.

If any of these three conditions are not met or did not occur in the three (3) months prior to the date on which the Employer received the Referral of the Candidate on the Website, the WorkFolk Fee shall be payable in accordance with these ToS.

The Employer agrees that in all other cases where a Candidate is hired through the Website or Services, the WorkFolk Fee shall be payable.

Accessing the Website and Account security

We reserve the right to withdraw or amend the Website and/or Services in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website and/or Services are unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Website and/or Services, to any users, including those registered users with accounts.

You are responsible for both:

  • Making all arrangements necessary for you to have access to the Website and/or Services.
  • Ensuring that all persons who access the Website and/or Services through your internet connection are aware of these Terms and comply with them.

If you create an Account on the Website, you are responsible for maintaining the security of your Account, and you are fully responsible for all activities that occur under the Account and any other actions taken in connection with the Account. 

If you choose or are provided with a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that your Account is personal to you and agree not to provide any other person with access to this Website and/or Services or portions of it using your username, password, or other security information. You also agree to ensure that you exit from your Account at the end of each session. You should use particular caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal information.

You are responsible for taking reasonable steps to maintain the confidentiality of your username and password. You must immediately notify us of any unauthorized uses of your information, your Account, or any other security breaches. We will not be liable for any acts or omissions by you, including any damages of any kind incurred as a result of such acts or omissions.

We have the right to disable any user name, password, or other identifiers, whether chosen by you or provided by us, at any time in our sole discretion for any or no reason, including if, in our opinion, you have violated any provision of these Terms.

Changes to the Terms of Service

We may revise and update these Terms from time to time at our sole discretion. All changes are effective immediately when we post them and apply to all access to and use of the Website and/or Services thereafter. 

Your continued use of the Website and/or Services following the posting of revised Terms means that you accept and agree to the changes. You are expected to check this page each time you access the Website and/or Services so you are aware of any changes, as they are binding on you. 

Intellectual property rights

The Website and/or Services and the entire contents, features, and functionality (including but not limited to all information, documentation, software, text, displays, images, video, and audio, and the design, selection, and arrangement thereof) are owned by us, our licensors, or other providers of such material and are protected by United Kingdom and international copyright, trademark, patent, trade secret, and other intellectual property or proprietary rights laws.

You must not reproduce, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website and/or Services, except as follows:

  • Your computer may temporarily store copies of such materials in RAM incidental to your accessing and viewing those materials.
  • You may store files that are automatically cached by your Web browser for display enhancement purposes.
  • You may print one copy of a reasonable number of pages of the Website for your own use and not for further reproduction, publication, or distribution.
  • If we provide desktop, mobile, or other applications for download, you may download a single copy to your computer or mobile device solely for your own personal, non-commercial use, provided you agree to be bound by our end user licence agreement for such applications.

You must not:

  • Modify copies of any materials from this site.
  • Use any illustrations, photographs, video or audio sequences, or any graphics separately from the accompanying text.
  • Delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this site.

If you print, copy, modify, download, or otherwise use or provide any other person with access to any part of the Website and/or Services in breach of the Terms, your right to use the Website and/or Services will stop immediately and you must, at our option, return or destroy any copies of the materials you have made. No right, title, or interest in or to the Website and/or Services or any content on the Website and/or Services is transferred to you, and all rights not expressly granted are reserved by us. Any use of the Website and/or Services not expressly permitted by these Terms is a breach of these Terms and may violate copyright, trademark, and other laws.

Trademarks

The Company name, the Company logo, and all other trademarks, related names, logos, product and service names, designs, and slogans are trademarks of WorkFolk or its affiliates or licensors. You must not use such marks without our prior written permission. All other names, logos, product and service names, designs, and slogans on this Website and/or Services are the trademarks of their respective owners.

Prohibited uses

You may use the Website and/or Services only for lawful purposes and in accordance with these Terms. You agree not to use the Website and/or Services:

  • In any way that violates any applicable federal, state, local, or international law or regulation (including, without limitation, any laws regarding the export of data or software to and from the US or other countries). 
  • For the purpose of exploiting, harming, or attempting to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
  • To send, knowingly receive, upload, download, use, or re-use any material that does not comply with the Content Standards set out in these Terms.
  • To transmit, or procure the sending of, any advertising or promotional material, including any “junk mail,” “chain letter,” “spam,” or any other similar solicitation.
  • To impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity (including, without limitation, by using email addresses associated with any of the foregoing).
  • To engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website and/or Services, or which, as determined by us, may harm the Company or users of the Website and/or Services, or expose them to liability.

Additionally, you agree not to:

  • Use the Website and/or Services in any manner that could disable, overburden, damage, or impair the Website or interfere with any other party’s use of the Website and/or Services, including their ability to engage in real time activities through the Website.
  • Use any robot, spider, or other automatic device, process, or means to access the Website and/or Services for any purpose, including monitoring or copying any of the material on the Website and/or Services.
  • Use any manual process to monitor or copy any of the material on the Website and/or Services, or for any other purpose not expressly authorized in these Terms, without our prior written consent.
  • Use any device, software, or routine that interferes with the proper working of the Website and/or Services.
  • Introduce any viruses, Trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful.
  • Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Website and/or Services, the server on which the Website is stored, or any server, computer, or database connected to the Website and/or Services. 
  • Attack the Website via a denial-of-service attack or a distributed denial-of-service attack.
  • Otherwise, attempt to interfere with the proper working of the Website and/or Services.

User contributions

The Website and/or Services may contain message boards, chat rooms, personal web pages or profiles, forums, bulletin boards, and other interactive features (collectively, “Interactive Services“) that allow users to post, submit, publish, display, or transmit to other users or other persons (hereinafter, “post“) content or materials (collectively, “User Contributions“) on or through the Website.

All User Contributions must comply with the Content Standards set out in these Terms.

Any User Contribution you post to the Website will be considered non-confidential and non-proprietary. By providing any User Contribution on the Website and/or Services, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assignees the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose/according to your account settings. 

You represent and warrant that: 

  • You own or control all rights in and to the User Contributions and have the right to grant the licence granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assignees.
  • All of your User Contributions do and will comply with these Terms. 

You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness.

We are not responsible or liable to any third party for the content or accuracy of any User Contributions posted by you or any other user of the Website. 

Monitoring and enforcement; termination

We have the right to:

  • Remove or refuse to post any User Contributions for any or no reason at our sole discretion.
  • Take any action with respect to any User Contribution that we deem necessary or appropriate in our sole discretion, including if we believe that such User Contribution violates the Terms, including the Content Standards, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Website and/or Services or the public, or could create liability for the Company.
  • Disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy.
  • Take appropriate legal action, including without limitation, referral to law enforcement, for any illegal or unauthorized use of the Website and/or Services. 
  • Terminate or suspend your access to all or part of the Website and/or Services for any or no reason, including without limitation, any violation of these Terms.

Without limiting the foregoing, we have the right to cooperate fully with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY/ANY OF THE FOREGOING PARTIES DURING, OR TAKEN AS A CONSEQUENCE OF, INVESTIGATIONS BY EITHER THE COMPANY/SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.

However, we cannot/do not undertake to review all material before it is posted on the Website, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party. We have no liability or responsibility to anyone for the performance or non-performance of the activities described in this section. 

Content standards

These content standards apply to any and all User Contributions and use of Interactive Services. User Contributions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Contributions must not:

  • Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
  • Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
  • Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
  • Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and our Privacy Policy.
  • Be likely to deceive any person.
  • Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  • Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
  • Impersonate any person, or misrepresent your identity or affiliation with any person or organization. 
  • Involve commercial activities or sales, such as contests, sweepstakes, and other sales promotions, barter, or advertising.
  • Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

Copyright infringement

If you believe that User Contributions or any material located on or linked to by the Website and/or Services violates your copyright, you are encouraged to notify us. We will, as soon as it is possible, respond to all such notices, including as required or appropriate by removing the infringing material or disabling all links to the infringing material. In order to bring infringing material to our attention, you must provide us with the following information: (a) an electronic or physical signature of the person authorized to act on behalf of the owner of the copyrighted work; (b) an identification of the copyrighted work and the location on the Website and/or Services of the allegedly infringing work; (c) a written statement that you have a good faith belief that the disputed use is not authorized by the owner, its agent or the law; (d) your name and contact information, including telephone number and email address; and (e) a statement by you that the above information in your notice is accurate and, under penalty of perjury, that you are the copyright owner or authorized to act on the copyright owner’s behalf.

Our contact information for notice of claims of UK copyright infringement is: email – [email protected].

In the case of a user who may infringe or repeatedly infringes upon our copyrights or other intellectual property rights or the copyright of others, it is our policy to terminate the user accounts of repeat infringers.

Reliance on information posted

The information presented on or through the Website and/or Services is made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from any reliance placed on such materials by you or any other visitor to the Website, or by anyone who may be informed of any of its contents.

This Website and/or Services may include content provided by third parties, including materials provided by other users, bloggers, and third-party licensors, syndicators, aggregators, and/or reporting services. All statements and/or opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by the Company, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reflect the opinion of the Company. We are not responsible, or liable to you or any third party, for the content or accuracy of any materials provided by any third parties.

No advice, results or information, whether oral or written, obtained by you from us, or through the Website and/or Services shall create any warranty not expressly made herein

Changes to the Website and/or Services

We may update the content on this Website and/or Services from time to time, but its content is not necessarily complete or up-to-date. Any of the material on the Website and/or Services may be out of date at any given time, and we are under no obligation to update such material

Information about you and your visits to the Website

All information we collect on/through the Website and/or Services is subject to our Privacy Policy. By using the Website and/or Services you consent to all actions taken by us with respect to your information in compliance with the Privacy Policy. 

Other terms and conditions

Additional terms and conditions may also apply to specific portions, services, or features of the Website and/or Services. All such additional terms and conditions are hereby incorporated by this reference into these Terms.

Linking to the Website and social media features

You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part. 

This Website may provide certain social media features that enable you to:

  • Link from your own or certain third-party websites to certain content on this Website.
  • Send emails or other communications with certain content, or links to certain content, on this Website.
  • Cause limited portions of content on this Website to be displayed or appear to be displayed on your own or certain third-party websites.

You may use these features solely as they are provided by us and solely with respect to the content they are displayed with, and otherwise in accordance with any additional terms and conditions we provide with respect to such features. Subject to the foregoing, you must not:

  • Establish a link from any website that is not owned by you.
  • Cause the Website or portions of it to be displayed on, or appear to be displayed by, any other site, for example, framing, deep linking, or in-line linking.
  • Link to any part of the Website other than the homepage.
  • Otherwise take any action with respect to the materials on this Website that is inconsistent with any other provision of these Terms of Service.

The website from which you are linking, or on which you make certain content accessible, must comply in all respects with the Content Standards set out in these Terms.

You agree to cooperate with us in causing any unauthorized framing or linking immediately to stop. We reserve the right to withdraw linking permission without notice.

We may disable all or any social media features and any links at any time without notice at our discretion. 

Links from the Website

If the Website and/or Services contains links to other sites and resources provided by third parties, these links are provided for your convenience only. This includes links contained in advertisements, including banner advertisements and sponsored links. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them. If you decide to access any of the third-party websites linked to this Website, you do so entirely at your own risk and subject to the terms and conditions of use for such websites.

Geographic restrictions

The owner of the Website and/or Services is based in the United Kingdom. We provide this Website for use only by persons located in the United Kingdom. We make no claims that the Website or any of its content is accessible or appropriate outside of the United Kingdom. Access to the Website may not be legal by certain persons or in certain countries. If you access the Website from outside the United Kingdom, you do so on your own initiative and are responsible for compliance with local laws.

Disclaimer of warranties

You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website and/or Services will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE AND/OR SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR SERVICES OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON THEM, OR ON ANY WEBSITE LINKED TO IT.

YOUR USE OF THE WEBSITE AND/OR SERVICES, THEIR CONTENT, OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR SERVICES IS AT YOUR OWN RISK. THE WEBSITE AND/OR SERVICES, THEIR CONTENT, AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY, OR AVAILABILITY OF THE WEBSITE AND/OR SERVICES. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE WEBSITE AND/OR SERVICES, THEIR CONTENT, OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR SERVICES WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE AND/OR SERVICES WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. 

TO THE FULLEST EXTENT PROVIDED BY LAW, THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT, AND FITNESS FOR PARTICULAR PURPOSE.

THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Limitation on liability

TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE WEBSITE AND/OR SERVICES, ANY WEBSITES LINKED TO IT OR SUCH OTHER WEBSITES, ANY CONTENT CONTAINED WITHIN THE WEBSITE AND/OR SERVICES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, OR OTHERWISE, EVEN IF FORESEEABLE. 

The limitation of liability set out above does not apply to liability resulting from our gross negligence or willful misconduct or death or bodily injury caused by products you purchase through the Website.

THE FOREGOING DOES NOT AFFECT ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.

Indemnification

You agree to defend, indemnify, and hold harmless the Company, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assignees from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your violation of these Terms or your use of the Website and/or Services, including, but not limited to, your User Contributions, any use of the Website and/or Services content, other than as expressly authorized in these Terms, or your use of any information obtained from the Website and/or Services.

Governing law and jurisdiction

All matters relating to the Website and/or Services and these Terms, and any dispute or claim arising therefrom or related thereto (in each case, including non-contractual disputes or claims), shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any choice or conflict of law provision or rule.

Any legal suit, action, or proceeding arising out of, or related to, these Terms or the Website and/or Services shall be instituted exclusively in the courts of the England and Wales, You waive any and all objections to the exercise of jurisdiction over you by such courts and to venue in such courts.

Limitation on time to file claims

ANY CAUSE OF ACTION OR CLAIM YOU MAY HAVE ARISING OUT OF OR RELATING TO THESE TERMS OF SERVICE OR THE WEBSITE MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, SUCH CAUSE OF ACTION OR CLAIM IS PERMANENTLY BARRED.

Waiver and severability

No waiver by the Company of any term or condition set out in these Terms shall be deemed a further or continuing waiver of such term or condition or a waiver of any other term or condition, and any failure of the Company to assert a right or provision under these Terms shall not constitute a waiver of such right or provision.

If any provision of these Terms is held by a court or other tribunal of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such provision shall be eliminated or limited to the minimum extent such that the remaining provisions of the Terms will continue in full force and effect. 

Force majeure

We will not be liable for any failure or delay in performance to the extent caused by any circumstances beyond Our reasonable control.

Entire agreement

The Terms and our Privacy Policy constitute the sole and entire agreement between you and us regarding the Website and/or Services and supersede all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the Website.