TERMS OF USE OF PLACED’S WEBSITE & APP

1. This terms of use (together with the documents referred to in it) tells you the terms of use on which you may make use of our website ( www.placed-app.com ) and/or our “Placed” app (as downloaded from Apple iOS or Google Android or otherwise) (our “App”) as a user. References to “our site” below includes references to our App, unless stated or the context provides otherwise. Use of our site includes accessing, browsing, or registering to use our site.

2. Please read these terms of use carefully before you start to use our site, as these will apply to your use of our site. We recommend that you print a copy of this for future reference.

3. In any event, by using our site, you confirm that you accept these terms of use and that you agree to comply with them.

4. If you do not agree to these terms of use, you must not use our site.

5. You must be at least 18 years of age to use our site. By using our site and agreeing to these terms, you represent and warrant that you are at least 18 years of age.

Other applicable terms

6. These terms of use refer to the following additional terms, which also apply to your use of our site:

a. Our Privacy Policy, which sets out the terms on which we process any personal data we collect from you, or that you provide to us. By using our site, you consent to such processing and you warrant that all data provided by you is accurate.

b. Our Cookie Policy, which sets out information about the cookies on our site.

c. If you use the recruitment related services available on our site and app as a hirer (“Hirer Services”), we act as an Employment Agency in respect of such services and our terms and conditions for those services are made available when you register (“Hirer Terms of Service”). You must accept those terms to use the Hirer Services.

d. If you use the recruitment related services available on our site and app as a work seeker (“Candidate Services”), we act as an Employment Agency in respect of such services and our terms and conditions for those services are made available when you register. You must accept those terms to use the Candidate Services.

Information about us

7. Our site and app are operated by Placed Recruitment Limited ("We"). We are registered in England and Wales under company number 09878379 and have our registered office at C/O Wragge Lawrence Graham & Co Llp, 4, 4 More London Riverside, London, SE1 2AU. Our main trading address is Apt, 36, 3 Riverlight Quay. London. SW8 5AY. Our VAT number is 230184641. We are a private company limited by shares.

Changes to these terms

8. We may revise these terms of use at any time by amending this page.

9. Please check this page from time to time to take notice of any changes we made, as they are binding on you. Where there is any conflict between the terms in this terms of use policy and any terms of service you agree to as a registered user, the terms of service will prevail.

Changes to our site

10. We may update our site from time to time, and may change the content at any time. However, please note that any of the content on our site may be out of date at any given time, and we are under no obligation to update it.

11. We do not guarantee that our site, or any content on it, will be free from errors or omissions.

12. If you have any comments or want to report any issues or bugs with our site, please contact info@placed-app.com

Accessing our site

13. Our site is made available free of charge, save as set out in the Hirer Terms of Service.

14. We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. Access to our site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our site without notice and for any reason, although usually that will be the result of repairs, maintenance and updates. We will not be liable to you (save as may be set out from time to time in the payment provisions of the Terms of Service for registered hirers) if for any reason our site is unavailable at any time or for any period.

15. You are responsible for making all arrangements necessary for you to have access to our site.

16. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

17. Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate or available in other locations. We may limit the availability of our site or any service or product described on our site to any person or geographic area at any time. If you choose to access our site from outside the United Kingdom, you do so at your own risk.

Your account and password

18. If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

19. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

20. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@placed-app.com

Intellectual property rights

21. For the purposes of these Terms of Use, the following words have the following meaning:

a. 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.

b. Platform: any mobile app purchasing platform from which you download the Mobile App including Apple iOS and Google Android.

22. We are the owner or the licensee of all Intellectual Property in our site and/or our App and in the material published on those. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

23. By using our site and/or our App under licence you do not acquire any Intellectual Property in such site and all right, title and interests to all such intellectual property remains with us or our licensor(s) (as the case may be). Further, in respect of our App, which you use under licence, 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 is not prohibited by applicable law.

24. You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

25. You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

26. Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

27. You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

28. If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

No reliance on information

29. Save as set out in the relevant Terms of Service for registered users, the content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

30. Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up-to-date.

Limitation of our liability

31. 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.

32. To the extent permitted by law and subject to any relevant provisions in the Terms of Service for registered users, we exclude all conditions, warranties, representations or other terms which may apply to our site or any content on it, whether express or implied.

33. To the extent permitted by law and subject to any relevant provisions in the Terms of Service for registered users, we will not be liable to any 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, our site ; or

b. use of or reliance on any content displayed on our site .

c. If you are a business user, please note that in particular, we will not be liable for:

d. loss of profits, sales, business, or revenue;

e. business interruption;

f. loss of anticipated savings;

g. loss of business opportunity, goodwill or reputation; or

h. any indirect or consequential loss or damage.

34. 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 your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any content on it, or on any website linked to it.

35. We assume no responsibility for the content of websites linked on our site. 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 your use of them.

Uploading content to our site

36. Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site (such as, without limitation, on our blog page or when registered hirers and work seekers use our messaging platform), you must comply with the content standards set out in our Acceptable Use Policy.

37. You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty.

38. Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you hereby grant us a perpetual licence to use, store and copy that content and to distribute and make it available to third parties.

39. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

40. We will not be responsible, or liable to any third party, for the content or accuracy of any content posted by you or any other user of our site.

41. We have the right to remove any posting (including without limitation on our blog page or on the messaging platform described above) you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.

42. The views expressed by other users on our site do not represent our views or values.

43. You are solely responsible for securing and backing up your content.

44. We do not guarantee that our site will be secure or free from bugs or viruses.

45. You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

46. You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you 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 your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Linking to our site

47. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

48. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

49. You must not establish a link to our site in any website that is not owned by you.

50. Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

51. We reserve the right to withdraw linking permission without notice.

52. The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.

53. If you wish to make any use of content on our site other than that set out above, please contact info@placed-app.com

Third party links and resources in our site

54. Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only.

55. We have no control over the contents of those sites or resources.

Applicable law

56. Please note that these terms of use, its subject matter and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

Contact us

To contact us, please email info@placed-app.com

Thank you for visiting our site and please feel free to register as a hirer or work seeker – we’d love to help you find the right match.

Terms of Service for Hirers

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, the Platform 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.

1. Acceptance of these Terms

a. By clicking on the “I accept” button below, 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.

b. By clicking on the “I accept” button below if you are 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; and (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.

c. You acknowledge and agree that these Terms of Service apply from the date on which you click “I accept” below 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..

d. If you disagree with these Terms you must not click “I accept” below.. 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.

e. In order to use the Services (defined below) you must register as a hirer and accept these Terms.

f. We reserve the right to decline or cancel your registration at any time for any reason subject to clause 9 below.

2. Definitions

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 include 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.

3. Interpretation

a. The headings in these Terms are inserted for convenience only and shall not affect their construction.

b. 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.

c. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

d. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

4. Other relevant documents

a. The terms set out in our privacy policy (link), cookie policy (link), acceptable use policy (link) and terms of use (link) form part of the Terms.

b. However, if any of the provisions of those policies conflict with any provisions of these Terms of Service, the terms herein shall prevail.

5. Services

a. 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.

b. Our matching application referred to above is powered by an algorithm which uses the information provided by:

i. you and/or Your Representative when you create and maintain a Hirer profile, use the Filtering System and post a Vacancy; and

ii. information provided to us by the Candidates.

c. 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:

i. your company name, trading name and the nature of your business;

ii. the intended start date and intended duration of the work;

iii. the position and type of work the successful Candidate will be required to do;

iv. the location at which the successful Candidate will work and the hours of work expected of them;

v. any relevant health and safety risks and what steps you have taken to prevent or control such risks;

vi. 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);

vii. any expenses payable by or to the successful Candidate;

viii. the minimum rate of pay and any other benefits to be offered and the intervals of payment; and

ix. the notice period that the successful Candidate must give and receive for the Vacancy to be terminated

d. 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.

e. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. 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.

k. 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, subject to clause 9 below.

l. 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.

6. Licence to use the App and Intellectual Property

a. Our Intellectual Property:

i. “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).

ii. 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.

b. 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 is not prohibited by applicable law.

7. Confidentiality

You 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.

8. Data Protection

a. 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.

b. 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.

c. 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.

d. 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.

9. Price and payment

Until further notice, the Services are provided free of charge for a trial period. However, we reserve our right to introduce payment terms at our discretion subject to us giving you reasonable notice about such terms and the opportunity to cancel your registration with us before you incur any cost. For the avoidance of doubt, when we decide to put in place payment terms, those will include protection that any paid for services will be performed or will be refunded in the case of cancelation of your registration (save in circumstances where you owe us monies or materially breach the Terms).

10. Status

We 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.

11. Liability

In addition to any other relevant provisions on the issue of liability in the Terms:

a. To the maximum extent permitted by law, we accept no liability for any of the following:

i. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

ii. loss or corruption of any data, database or software; or

iii. any special, indirect or consequential loss or damage.

b. 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, 9and 12 of these Terms of Service, 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.

12. Non-Solicitation

You 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.

13. Termination

Subject to clause 9 above, either 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;

a. remove any content you publish on the App;

b. verify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;

c. 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

d. 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).

Thereafter, 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. For the avoidance of doubt, any terms stated to survive the termination of these Terms of Service and/or any indemnities given in the Terms will continue in full force and effect post termination of these Terms of Service.

14. General

a. Subject to clause 9, 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.

b. 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.

c. We may defer the date for performance of the Services, or terminate these Terms of Service, 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.

d. 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.

e. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. Our contact details: Placed Recruitment Limited is a private limited company incorporated in England with company number 09878379 with its registered office at c/o Wragge Lawrence Graham & Co Llp, 4 More London Riverside, London, SE1 2AU, England. You can contact us by email at info@placed-app.com

Terms of Service for Candidates

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 application “Placed” currently accessible from Apple iOS and Google Android (the “Mobile App) (the Web App and Mobile App together the "App" and 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, the Platform Terms shall prevail. Our Web App and the Mobile App allow Candidates (defined below) to find appropriate employment opportunities in the hospitality industry. You must not use our Web App or the Mobile App if you are under the age of 18 and/or do not have a valid and relevant work permit to work in the UK and you hereby warrant that you are 18 years old or over and have such work permit.

1. Acceptance of these Terms

a. By clicking on the “I accept” button below, 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.

b. By clicking on the “I accept” button below if you are 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; and (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.

c. You acknowledge and agree that these Terms of Service apply from the date on which you click “I accept” below 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.

d. If you disagree with these Terms you must not click “I accept” below.

e. In order to use the Services (defined below) you must register as a Candidate and accept these Terms. We reserve the right to decline or cancel your registration at any time for any reason subject to clause 9 below.

2. Definitions

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 Hirers through our Web App and/or the Mobile App.

DBS: The Disclosure and Barring Service and its successors.

Features: the App features that enable you to contact and to arrange interviews with Hirers. Such features include the “My interviews”, “Short list & applications” and “Messages” 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.

Hirer: a person or organisation who uses our Web App and/or the Mobile App for the purposes of being introduced to Candidates.

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.

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.

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 Hirers are seeking to fill and which they post on our Web App and/or the Mobile App.

3. Interpretation

a. The headings in these Terms are inserted for convenience only and shall not affect their construction.

b. 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.

c. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

d. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

4. Other relevant documents

a. The terms set out in our privacy policy (link), cookie policy (link), acceptable use policy (link) and terms of use (link) form part of the Terms.

b. However, if any of the provisions of those policies conflict with any provisions of these Terms of Service, the terms herein shall prevail.

5. Services

a. We provide a mobile and web application to help match you to suitable Vacancies and we provide any other services described in our site and/or the App for Candidates 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.

b. Our matching application referred to above is powered by an algorithm which uses the information provided by:

i. you when you create and maintain a Candidate profile; and

ii. information provided to us by Hirers.

c. You must ensure that any information you provide to us is complete and accurate and you will keep us updated on any changes to such information.

d. We will seek from the Hirer and provide to you any information which is required under the Regulations from time to time. That currently includes in respect of any Hirer and Vacancy:

i. company name, trading name and the nature of its business;

ii. the intended start date and intended duration of the work;

iii. the position and type of work the successful Candidate will be required to do;

iv. the location at which the successful Candidate will work and the hours of work expected of them;

v. any relevant health and safety risks and what steps it has taken to prevent or control such risks;

vi. the experience, training and qualifications and any authorisation which it considers are necessary, or which are required by law, or by any professional body which the Candidates must possess in order to do the work;

vii. any expenses payable by or to the successful Candidate;

viii. the minimum rate of pay and any other benefits to be offered and the intervals of payment; and

ix. the notice period that the successful Candidate must give and receive for the Vacancy to be terminated.

e. To be clear, we do not give any guarantee and warranty about the integrity or accuracy of the information that Hirers supply to us and in any event we accept no responsibility or liability should any matched Hirers and/or Vacancies be unsuitable for you. Further, we will ask the Hirer to confirm if they are required by law or any professional body to request a criminal records check from the DBS for any Vacancy. If so, we will confirm that to you. However, for the avoidance of doubt, it is the Hirer’s decision whether it requires such a check and it is its responsibility to make such requests to the DBS in accordance with relevant law. We do not make any such requests to the DBS on our own behalf or any Hirer.

f. The Services are not exclusive and you are free to use the services of other employment agencies or businesses at any time.

g. Should you successfully apply for a Vacancy, it is between you and the Hirer to agree what work is to be done and the relevant contractual terms. We play no part in that process and for the avoidance we are not responsible for payment to you for any such work whether directly or indirectly and the Services do not cover any such payment process.

h. We may make available third party offers, promotions and other benefits through our Web App site and/or the Mobile App and usually those can be found in the “Industry News & Benefits” section our Web App and/or the Mobile App. As may be relevant, we will provide relevant terms and conditions for such benefits as they are made available.

i. By using the Services, you agree that any Hirers may contact you about any suitable Vacancies and that you are willing to work in such positions, subject to finalisation of the relevant terms between you and the Hirer. Therefore, you may use any of the Features in accordance with the Terms to deal with Hirers. Should any of the Features on the App include our use of a “push notification” you will receive a notification in the App to provide your consent. You are free to decline your consent and if you give consent and change your mind later, you should be able to disable such application at any time using the relevant privacy settings on your device. Once a Hirer cancels 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 the relevant Hirer.

j. If any Vacancy requires you to work with, care for or attend to a vulnerable person or persons (as defined in the Regulations) and you wish to apply for such a post, you must provide us with the information required under the Regulations to confirm your suitability for such a role.

k. Where it is confirmed to us that you have been successful in applying for a Vacancy and we then receive or obtain information within 3 months of the Introduction which indicates that you are or may not be suitable for that Vacancy, we must inform the Hirer 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.

l. If any Vacancy means that you 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 the regulation 24 of the Regulations, then (i) the Hirer is responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) it must notify to us that it will provide such accommodation and/or travel costs assistance so that we can satisfy our legal obligations by providing to you the required information under the Regulations. However, we accept no responsibility or liability where the Hirer fails in its obligations to us.

m. If another employment agency or an employment business (as defined in the Regulations) uses the Services we will notify that to you and provide any other information to you in order to satisfy our obligations under the Regulations.

n. As part of the effective provision of the Services and quality control purposes, you agree to provide Reviews and consent that Hirers 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 Hirers are appropriate users of the site. 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, subject to clause 9 below.

6. Licence to use the App and Intellectual Property

a. Our Intellectual Property:

i. “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).

ii. 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.

b. 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 is not prohibited by applicable law.

7. Confidentiality

You agree that during and after the termination of these Terms, you will not, without appropriate consent, use or disclose to any other person any of our information which is identified as confidential or which is confidential by nature. You hereby give consent to us to share with Hirers any information provided by you under these Terms or when using the Services when you create and maintain a profile and/or apply for a 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 Vacancies you successfully apply for using the Services (Hirers 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.

8. Data Protection

a. You consent to us holding and processing data relating to you 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 you, to the extent that is relevant.

b. You consent to us making 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 of the business, 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 Hirers pursuant to the provision of the Services.

c. You consent to the transfer of such information to our business contacts outside the European Economic Area in order to further our business interests.

9. Price and payment

Until further notice, the Services are provided free of charge. However, we reserve our right to introduce lawful payment terms at our discretion subject to us giving you reasonable notice about such terms and the opportunity to cancel your registration with us before you incur any cost. For the avoidance of doubt, if we decide to put in place payment terms, those will include protection that any paid for services will be performed or will be refunded in the case of cancelation of your registration (save in circumstances where you owe us monies or materially breach the Terms).

10. Status

We 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 Hirers directly in respect of any work that you may perform for Hirers. We merely provide the Services and it is between you and the Hirer at your respective risk to contract with each other about any such work. Further, nothing in this agreement shall render you as our employee, worker, agent or partner and you shall not be held out as such.

11. Liability

In addition to any other relevant provisions on the issue of liability in the Terms:

a. To the maximum extent permitted by law, we accept no liability for any of the following:

i. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

ii. loss or corruption of any data, database or software; or

iii. any special, indirect or consequential loss or damage.

b. Should you fail to satisfy any of your contractual or legal obligations to us or Hirers 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 and 9 of these Terms of Service, 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.

12. Termination

Subject to clause 9 above, either 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;

a. remove any content you publish on the App;

b. verify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;

c. 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

d. 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).

Thereafter, 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. For the avoidance of doubt, any terms stated to survive the termination of these Terms of Service and/or any indemnities given in the Terms will continue in full force and effect post termination of these Terms of Service.

13. General

a. Subject to clause 9, you agree that we can and we reserve the right to amend, replace or add to the Terms at our sole discretion.

b. 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.

c. We may defer the date for performance of the Services, or terminate these Terms of Service, 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.

d. 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.

e. 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.

f. 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.

g. 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.

h. 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.

i. 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.

j. Our contact details: Placed Recruitment Limited is a private limited company incorporated in England with company number 09878379 with its registered office at c/o Wragge Lawrence Graham & Co Llp, 4 More London Riverside, London, SE1 2AU, England. You can contact us by email at info@placed-app.com.