Terms of Service for Hirers
Acceptance of these Terms
- By clicking on the “NEXT” button when creating an account with Placed, you are deemed to have read and accepted these Terms prior to using either the Mobile App or the Web App as a registered user.
- By clicking on the “NEXT” button when creating an account with Placed and downloading the Mobile App you represent and warrant to us that: (i) your access and use of the Mobile App will be in accordance with these Terms and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdictions; (ii) you are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; (iii) you are not listed on any US Government list of prohibited or restricted parties; (iv) the information you provide to us is true and accurate and you will update such information when necessary; and (v) you are legally entitled to own the device you are using to access and use the Mobile App and you legally own or control your account.
- You acknowledge and agree that these Terms apply from the date on which you click the “NEXT” button when creating an account with Placed and that the other relevant documents mentioned at clause 4 below apply from the date you first visited our website or downloaded the Mobile App. Further you acknowledge and agree that the Terms apply to your use of our Web App and/or the Mobile App and that the Terms form a legally binding contract between you and Placed.
- If you disagree with these Terms you must not click the “NEXT” button when creating an account with Placed. You acknowledge and agree that Your Representative has the authority to enter into and to bind you to the Terms and your continued use of our Web App and/or the Mobile App is confirmation of that.
- In order to use the Services (defined below) you must register as a hirer and accept these Terms.
- We reserve the right to decline or cancel your registration at any time for any reason. Please be aware of our refund policy set out at clause 10 in the event of such cancellation.
- App: Placed’s software platform and application, which can be accessed from both the URL (www.placed-app.com) (the “Web App”) and also Apple iOS and Google Android (the “Mobile App”), which enables hirers to find appropriate candidates for employment opportunities in the hospitality industry and consisting of the domain name ‘www.placed-app.com’ (and all other domain names from which the Web App can be accessed); the Features; the Filtering System; the content offered from and generated by the App (including all text, information, data, software, executable code, images, audio or video material in whatever medium or form); the App’s look and feel, graphic user interface and functionality; and, the software (including the algorithm) (in object code and source code format) that powers both the Web App and the Mobile App and that is used to provide the content on it (including any error corrections, updates, upgrades, modifications and enhancements to it made by us).
- Candidate: a work seeker introduced to you through our Web App and/or Mobile App.
- DBS: The Disclosure and Barring Service and its successors.
- Features: the App features that enable you to contact Candidates and to arrange interviews with Candidates. Such features include the “Messages”, “Interviews” and “Short list” applications and any others we may put in place from time to time. We reserve our right to amend, withdraw and add to our Features from time to time at our discretion.
- Filtering System: a selection of questions and answers set by us from time to time, which you complete when posting Vacancies.
- Hirer: a person or organisation who uses our Web App and/or the Mobile App for the purposes of being introduced to Candidates.
- Intellectual Property: rights to inventions; copyright and related rights; trade marks, trade names, domain names, rights in get-up, goodwill and the right to sue for passing off; unfair competition rights; rights in designs; all rights whatsoever in computer programs, firmware, ‘apps’ and other computer software and data; database rights; and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.
- Introduction: when a Candidate is introduced for the first time to a Hirer through our Web App and/or the Mobile App for the purposes of a filling a particular Vacancy.
- Platform: any mobile app purchasing platform from which you download the Mobile App including Apple iOS and Google Android.
- Regulations: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended).
- Reviews: a review provided by either a Candidate or a Hirer about the other in respect of their dealings in connection with a Vacancy. The information to be included in a Review will be prompted by Placed from time to time at its discretion.
- Vacancy: a job or position in the hospitality industry which you are seeking to fill and which you post on our Web App and/or the Mobile App.
- Your Representative: the person who creates and maintains a profile for your company or organisation on our Web App and/or the Mobile App.
- The headings in these Terms are inserted for convenience only and shall not affect their construction.
- A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
- Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.
- Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.
- Other relevant documents
- We provide a mobile and web application to help you match Candidates to your Vacancies and we provide any other services described in our Web App and/or the Mobile App for Hirers from time to time (the “Services”). We act as an employment agency to the extent that the Services are or continue to be relevant to the Regulations. We will notify you if our status as an employment agency changes. If you require work beyond the scope of the Services, we are happy to consider any proposal and may, at our discretion, agree to enter into separate terms with you about such work.
Our matching application referred to above is powered by an algorithm which uses the information provided by:
- you and/or Your Representative when you create and maintain a Hirer profile, use the Filtering System and post a Vacancy; and
- information provided to us by the Candidates.
In order to use the Services, you are required to provide all of the requested information when you and/or Your Representative
carry out the activities mentioned at clause 5(b)(i) above and such information is set out more fully in the Web App and the Mobile App.
We reserve the right to request and you and/or Your Representative shall provide further relevant and lawful information from you
and/or Your representative in order to improve or amend any part of the performance of the Services as we see fit and/or so that we
can satisfy any relevant legal obligations. To confirm, in order to satisfy our obligations under the Regulations, the information
that we will require from you in respect of a Vacancy (and which information will be made available to the Candidates for the effective
provision of the Services) is:
- your company name, trading name and the nature of your business;
- the intended start date and intended duration of the work;
- the position and type of work the successful Candidate will be required to do;
- the location at which the successful Candidate will work and the hours of work expected of them;
- any relevant health and safety risks and what steps you have taken to prevent or control such risks;
- the experience, training and qualifications and any authorisation which you consider are necessary, or which are required by law, or by any professional body which the Candidates must possess in order to do the work (this includes but is not limited to any criminal records checks that may be required by law or a relevant professional body);
- any expenses payable by or to the successful Candidate;
- the minimum rate of pay and any other benefits to be offered and the intervals of payment; and
- the notice period that the successful Candidate must give and receive for the Vacancy to be terminated
- You must ensure that any information you and/or Your Representative provide to us is complete and accurate and you will keep us updated on any changes to such information. To confirm, if a criminal records check is required as above, we will notify that to the Candidate. However, for the avoidance of doubt, it is your responsibility to request any such checks of the DBS in accordance with relevant law. We do not make any such requests on your behalf.
- Candidates will provide a general confirmation that they agree to you contacting them about any suitable Vacancies after a match is notified to you when you have posted a Vacancy and that they are willing to do the work required. Therefore, you may use any of the Features in accordance with the Terms after such a match has been made. Should any of the Features on the App include our use of a “push notification” you and/or Your Representative will receive a notification in the App to provide your/their consent. You and/or Your Representative are free to decline your consent and if you and/or Your Representative give consent and change your mind later, you and/or Your Representative should be able to disable such application at any time using the relevant privacy settings on your/their device. Once you cancel a Vacancy on our Web App or the Mobile App, you may not be able to use any of the Features in connection with such Vacancy and you hereby agree that we are not responsible in such case if you are then unable to communicate with Candidates.
- To be clear, we do not give any guarantee and warranty about the integrity or accuracy of the information that Candidates supply to us and in any event we accept no responsibility or liability should any matched Candidates be unsuitable for the relevant Vacancy. You are responsible for carrying out any appropriate background and right to work checks on Candidates and conducting an appropriate and lawful recruitment process before you hire them.
- If any Vacancy requires a Candidate to work with, care for or attend to a vulnerable person or persons (as defined in the Regulations), then you must notify this fact to us so that we can seek to satisfy our legal obligations by providing to you the relevant information under the Regulations. Should you fail to disclose such fact to us, we accept no responsibility or liability for any breach of the Regulations and you have no right of action against us in that case. In any event, you are ultimately responsible for determining who is a suitable and appropriate Candidate for your Vacancy.
- Where it is confirmed to us that a Candidate has been successful in applying for a Vacancy and we then receive or obtain information within 3 months of the Introduction which indicates that he/she is or may not be suitable for that Vacancy, we will inform you of that without delay to satisfy our obligations under the Regulations. We accept no responsibility for any loss that you may suffer should we have to comply with such part of the Regulations.
- If any Vacancy means that a Candidate would be provided with accommodation or provided with help with travel costs (such as travel cards, travel expenses or loans), as set out more fully in regulation 24 of the Regulations, then (i) you are responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) you must notify to us the fact that you are to provide such accommodation and/or travel costs assistance so that we can satisfy our legal obligations by providing to the Candidate the required information under the Regulations.
- If you are an employment agency or an employment business (as defined in the Regulations) you must notify this fact in your profile on our Web App and/or the Mobile App. We may then decline or cancel your registration at our discretion. However, if we exercise our discretion to permit your registration then you agree that before you post any Vacancies you will do all relevant things and provide all relevant information and documents as requested by us so that we can satisfy our obligations under the Regulations.
- As part of the effective provision of the Services and quality control purposes, you agree to provide Reviews and consent that Candidates will provide Reviews about you to us. You must not knowingly provide false, inaccurate or misleading information in respect of Reviews. Reviews will only be used by us to determine whether you and the Candidate are appropriate users of the App. If we determine at our sole discretion that you are not an appropriate user we reserve the right to cancel your registration and remove you from our Web App and the Mobile App.
- You will provide to us any other information that we require to satisfy our obligations under the Regulations including, without limitation, those in respect of record keeping. That means that we will require and you will provide details of successful applications for Vacancies by Candidates and details of the resulting engagement and the date from which it takes effect.
Licence to use the App and Intellectual Property
Our Intellectual Property:
- “PLACED” (word) and all other names, logos, icons and marks identifying us, the App and its services are our trade marks. We own (or have a licence to use) all Intellectual Property subsisting in the App. By using the App under licence you do not acquire any Intellectual Property in our App and all right, title and interest to all such intellectual property remains with us or our licensor(s) (as the case may be).
- We both acknowledge and agree that in the event of any third party claim that the Mobile App or your possession and use of the Mobile App infringes that third party’s Intellectual Property we, not the Platform owner, are solely responsible for the investigation, defence, settlement and discharge of any such claim.
- Licence: Provided that you have a valid account with us in respect of your access to and use of the App and/or in respect of the Platform from which you downloaded the Mobile App and in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence to use the App for your personal and/or internal business use on the devices which relate to the Platform under your account, and as permitted by any applicable usage rules set forth by the Platform. You may not distribute, rent, lease, lend, sell, transfer or sublicense the App, nor copy (except as expressly permitted by any applicable Platform usage rules), decompile, reverse-engineer, dissembled, attempt to derive the source code of, modify or create derivative works of the App except to the extent as may be permitted by the licensing terms of any open sourced components included in the App and to the extent that the foregoing restrictions are not prohibited by applicable law.
- Our Intellectual Property:
ConfidentialityYou agree and will procure that Your Representative agrees and we agree that during and after the termination of these Terms, each will not, without appropriate consent, use or disclose to any other person any information of the other which is identified as confidential or which is confidential by nature. You hereby give and you procure that Your Representative gives consent to us to share with Candidates any information provided by you and/or Your Representative under these Terms or when using the Services when you create and maintain a profile and/or post any Vacancy. Further, you hereby provide consent to us to disclose, publicise, market or otherwise make use of for valid business reasons the fact that you use our services and details of any successful Vacancies which you fill through using the Services (Candidates will be required to provide a similar consent to the disclosure of such information). We can also use relevant information about your relationship with us for valid business, administration and investment reasons and we hereby grant to you consent to use such information for your own valid business purposes.
- You shall procure the consent of Your Representative and other employees or other staff for us to holding and processing data relating to such individuals for legal, personnel, administrative and management purposes and for the purposes of providing the Services and in particular to the processing of any "sensitive personal data" (as defined in the Data Protection Act 1998) relating to them, to the extent that is relevant.
- You shall procure the consent of Your Representative and other employees or other staff for us to make such information available to any companies in our group from time to time and to those who provide products or services to us such as partners, advisers, regulatory authorities, governmental or quasi-governmental organisations and potential purchasers or partners of our business or any part of it and to the disclosure of such information to any Candidates pursuant to the provision of the Services.
- You shall procure the consent of Your Representative and other employees or other staff to the transfer of such information to our business contacts outside the European Economic Area in order to further our business interests.
- You agree and shall each ensure that your employees and other staff, comply with your and their relevant obligations under the Data Protection Act 1998 and associated codes of practice when processing personal data relating to any of our employees, workers, customers, clients, suppliers or agents or of any Candidate. We agree to satisfy our obligations in respect of Your Representative and other relevant employees or other staff.
Price and payment
- You are able to, on registering to use the Services via our Mobile App and/or Web App, select to participate in a free trial (the “Trial Version”). The Trial Version entitles you to post one complimentary Vacancy during the Trial Period (as defined below) but no further Vacancies. There is no charge for you to use the Trial Version but your use of the Trial Version is limited to 7 days or such other period as we may notify to you in writing (the “Trial Period”). Following the Trial Period, you will either: (i) be required to cease using the Trial Version and, as set out in clause 14, any continued use of our Web App and/or the Mobile App as an unregistered user will continue to be subject to terms set out in the Relevant Documents; or (ii) subscribe to the Mobile App and/or Web App in accordance with the remainder of this clause 9 either for a set Subscription Period (as defined herein) or on a pay-as-you-go basis.
- Upon the end of the Trial Period, or if you so choose, upon registering to use the Services via our Mobile App and/or Web App, you shall have the option, instead of selecting a Subscription Period as set out at 9(c) below, to use the Services on a pay-as-you-go basis. This shall entitle you to post Vacancies for a set-fee whereby you pay per Vacancy posted. The fee for posting each Vacancy will be notified to you when registering to use the Services via our Mobile App and/or Web App (or, if later, when posting that Vacancy) (the “Pay-as-you-go Fee”).
Upon the end of the Trial Period, or if you so choose, upon registering to use the Services via our Mobile App and/or Web App,
you shall have the following subscription options to select from (each a “Subscription Period”):
- Yearly: This offers the Services, following payment of the relevant Subscription Fee, for a one-year period commencing on the date that we take payment from you.
- Monthly: This offers the Services, following payment of the relevant Subscription Fee, for a one-month period commencing on the date that we take payment from you.
- You must pay a fee (the “Subscription Fee”) dependent on which Subscription Period you select. The Subscription Fee will be notified to you when registering to use the Services via our Mobile App and/or Web App. All Subscription Fees and the Pay-as-you-go Fee are exclusive of VAT or other taxes (where applicable).
- You shall pay the Subscription Fee or Pay-as-you-go Fee using the facility on the Mobile App and/or Web App for payment when selecting your requested Subscription Period/the pay-as-you-go option. This includes by credit card and via third party payment providers such as Braintree, or such other payment methods as we may notify you of from time to time. If you sign-up for a Subscription Period, the Subscription Fee will be automatically charged to you at the end of each Subscription Period unless you cancel your subscription at least 10 days before the end of the current Subscription Period. You may cancel the auto-renewal feature and your subscription at any time via your settings on the Mobile App and/or Web App or by contacting firstname.lastname@example.org. The cancellation will take effect the day after the last day of the current Subscription Period – no cancellation of the current Subscription Period is permitted. We will not refund you any Subscription Fee already paid to us and any unused portion of your Subscription Fee for the current Subscription Period will be forfeited.
- You acknowledge that we merely provide a platform and that we are not a payment provider or a ‘merchant’ for payment. Instead, payment services are provided by a payment provider integrated into the Mobile App and/or Web App. We are not party to any agreement between you and the payment provider and are not liable for any claim or liability in relation to payment provision services. You may be bound by the payment provider’s terms which may be different to these Terms. Payment providers may decide whether you are suitable to use their services and we are not liable for such decisions.
- We may change the Subscription Fee or Pay-as-you-go Fee from time to time and will communicate to you any price changes. Price changes will take effect at the start of the next Subscription Period or, in the case of the Pay-as-you-go Fee, upon the posting of your next Vacancy, and your agreement to use the Services following the date of the price change is deemed to be an agreement to the new price. If You do not accept the price change that you have the right to reject it by unsubscribing prior to the price change coming into effect.
Refund Policy and use of Offers and Discounts
- As noted in clauses 14 and 9(d) above, you can easily cancel your subscription at any time. The cancellation will take effect the day after the last day of the current Subscription Period – no cancellation of the current Subscription Period is permitted. We will not refund you any Subscription Fee already paid to us and any unused portion of your Subscription Fee for the current Subscription Period will be forfeited.
- We may, from time to time, provide offers or discounts in respect of our Services. Each offer may only be used individually and may not be used in conjunction with any other offer.
StatusWe are an employment agency but we are not an employment business. Nothing in the Terms shall render us as an employment business. We do not contract with you or the Candidates directly in respect of the work that you require Candidates to perform. We merely provide the Services and it is between you and the Candidates at your respective risk to contract with each other about any such work. Further, nothing in this agreement shall render your or our employees or other staff as an employee, worker, agent or partner of the other and they shall not be held out as such.
LiabilityIn addition to any other relevant provisions on the issue of liability in the Terms:
To the maximum extent permitted by law, we accept no liability for any of the following:
- any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
- loss or corruption of any data, database or software; or
- any special, indirect or consequential loss or damage.
- Should you fail to satisfy any of your contractual or legal obligations to us, Candidates, your own clients or customers or any other relevant person or organisation as set out, mentioned or alluded to in the Terms, and in particular (although without limitation) clauses 5, 6, 7, 8, 9 and 12 of these Terms, we accept no responsibility or liability for any such breaches by you or any relevant breaches by us as a result (including, without limitation, relating to the Regulations) and you hereby indemnify and keep indemnified us against any costs, penalties, damages, fines or other losses (including, without limitation, reasonable legal costs) suffered by us in connection with any such failure by you as above.
- To the maximum extent permitted by law, we accept no liability for any of the following:
Non-SolicitationYou agree and we agree that each of us will not, whether directly or indirectly, during the period that you are a registered user or for six months thereafter solicit or entice away or attempt to entice away or authorise such action by any other person, any key executive of the other party who has been involved in the provision of the Services.
TerminationEither of us can terminate your registration of our Web App and the Mobile App for any reason and without notice. We may also with for any reason and without notice;
- remove any content you publish on the App;
- verify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;
- take any steps to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and
- if we decide to terminate, suspend or refuse to allow your use of the App, share or publish your name and email address and notify third parties (including the Platform owner).
- We reserve the right to amend, replace or add to the Terms at our sole discretion as we see fit and to satisfy any relevant legal obligations. Please check these Terms from time to time to take notice of any changes we made, as they are binding on you.
- Each of you and Placed acknowledge that in entering into the Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.
- We may defer the date for performance of the Services, or terminate these Terms, if we are prevented from, or delayed in, carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractors.
- Any failure by us to enforce at any particular time any one or more of these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently nor shall it prejudice our right to take action in respect of the same or any later breach.
- No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 with the exception of Apple and Apple’s subsidiaries in relation to your use of the Mobile App on Apple iOS.
- If any of the provisions of the Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.
- These Terms shall be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. Your use of the App may also be subject to other local, state, national or international laws.
- Where these Terms are also provided in a language other than English, whilst the translation is believed to be accurate, no warranty to that effect is given, and the English language version will prevail.
- Complaints and Disputes: Please contact us immediately using its contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in the App or in relation to us generally; or (b) believe that any act or omission by us or one of our other users of the App is in breach of applicable law. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that we, not the Platform owner will be solely responsible, are responsible for addressing your or any third party’s claim relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.
- Our contact details: Placed Recruitment Limited is a private limited company incorporated in England with company number 09878379 with its registered office at Prince Albert House, 20 King Street, Maidenhead, Berkshire SL6 1DT. You can contact us by email at email@example.com
We are Placed Recruitment Limited ("Placed", “we” or “us” and that includes any of our group companies from time to time, who we act as trustee for in respect of the Terms). The following Terms of Service and any documents referred to below (all such terms and documents together referred to as the "Terms") govern the legal relationship between you and Placed in relation to your use of our web application (accessible at the URL www.placed-app.com) (the “Web App”) and our mobile app “Placed” currently accessible from Apple iOS and Google Android (the " Mobile App") (the Web App and Mobile App together being the “App” and all as further defined below) and any updates to those. Please note that the relevant Platform’s terms and conditions also apply to your use of the App (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, these Terms shall prevail. Our App allows Hirers (defined below) to find appropriate Candidates (defined below) for employment opportunities in the hospitality industry. We will not to our knowledge provide any Candidates under the age of 18 or who do not have the right to work in the UK, although we can give no guarantee about the information Candidates provide to us and ultimately you must perform suitable background checks yourself.