Terms and Conditions of updatedge
These terms were last updated: 1 August 2019
THE WEBSITES PORTAL.UPDATEDGE.COM AND WWW.UPDATEDGE.COM (WEBSITE) AND THIER CONTENT IS PROPERTY OF AND MANAGED BY UPDATEDGE LIMITED AT 86-90 PAUL STREET, LONDON, UNITED KINGDOM, EC2A 4NE
1. Description of the services provided by company and Fees Charged
1.1 The Website provides a means to enable Users to identify suitably skilled contacts including temporary workers, to offer to connect with, to receive real-time updates of contacts and temporary workers’ availability, to offer opportunities to preferred temporary workers, to agree placement of such workers between the User, contacts and agency worker and to inform the mutual agency representing the User and the temporary agency worker of the agreement for formal assignment confirmation (Services).
1.2 The Services comprise a number of features and levels of service, designated as “Free”, “Micro”, “Standard”, “Pro” and “Enterprise” with upgrade options. The features available under each level of service, and the corresponding fees payable, are set out on our Prices and upgrades Description User shall be entitled to the relevant level of service for which it has subscribed and paid the associated fees.
2. Accessing the website
2.1 We do not guarantee that the Website, or any content on it, will always be available or be uninterrupted. Access to the Website is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Website without notice. We will not be liable to User if for any reason the Website is unavailable at any time or for any period.
2.2 User is responsible for making all arrangements necessary for it to have access to the Website.
2.4 We do not represent that content available on or through the Website is appropriate or available in locations other than the United Kingdom. We may limit the availability of the Website or any service or product described on the Website to any person or geographic area at any time. If User chooses to access the Website from outside the United Kingdom, it does so at its own risk.
3. Information Submitted through the site
3.2 User further represents and warrants that it has the necessary authority to request temporary workers whose details are made available through the Website and, in particular, that it has an appropriate agreement in place with the relevant employment agencies to make such requests. We have the right, without prior written notice and at no charge, to request that User provides us with satisfactory evidence of such authority. User agrees to provide us with such evidence within 3 business days of receiving such a request.
4. Registration: User Names and Passwords
4.1 User will be required to register to use the Website. The Company may reject (or require that User changes) any username, password or other information that it provides to the Company in registering. User’s username and password is for its use only and should be kept confidential. User, and not the Company, is responsible for any use or misuse of its username or password, and it must promptly notify the Company of any confidential breach or unauthorised use of its username or password.
5. Acceptable use restrictions
5.1 User must not:
(b) infringe our intellectual property rights or those of any third party in relation to its use of the Website;
(c) transmit any material that is defamatory, offensive or otherwise objectionable in relation to its use of the Website;
(d) use the Website in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
(e) interfere or disrupt the operation of the Website or the servers or networks used to make the Website available, including by hacking or defacing any portion of the Site; or violate any requirement, procedure or policy of such servers or networks;
(f) restrict or inhibit any other person from using the Website;
(g) reproduce, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or use any of) the Website except as expressly authorised herein, without our express prior written consent;
(h) reverse engineer, decompile or disassemble any portion of the Website, except where such restriction is expressly prohibited by applicable law;
(i) frame or mirror any portion of the Website, or otherwise incorporate any portion of the Website into any frame or service, without our express prior written consent;
(j) systematically download and store Website content;
(k) use any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape”, “data mine” or otherwise gather Website content, or reproduce or circumvent the navigational structure or presentation of the Website without Company’s express prior written consent; or
(l) attempt to decipher any transmissions to or from the servers running any Service.
6.2 If User does not accept these modifications, it may terminate its use of the Website. Continued use of the Website after five (5) days following such changes shall be deemed to be acceptance of such changes.
6.3 User agrees that the Company shall not be liable to User or to any third party as a result of taking these actions.
7. Intellectual property rights
7.2 User is permitted to read the Website and make copies for its own use, for example by printing or storing it. All other use of the Website or the Information, for example the storage or reproduction of (a part of) the Website in any external internet site or the creation of links, hypertext links or deep links between the Website and any other internet site, is prohibited without the express written consent of the Company. Screen-scraping (or web-scraping) is prohibited without the express written consent of the Company.
7.3 The Company may refer to the User organization name and marketing logo as a user of the Services.
8.1 We do not guarantee that the Website will be secure or free from bugs or viruses.
8.2 User is responsible for configuring its information technology, computer programmes and platform in order to access the Website. User should use its own virus protection software.
8.3 User must not misuse the Website by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. User must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. User must not attack the Website via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, User would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing User’s identity to them. In the event of such a breach or suspected breach, User’s right to use the Website will cease immediately.
9. Limitation of liability
9.2 To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Website or any content on it, whether express or implied.
9.3 We will not be liable to User for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
(a) use of, or inability to use, the Website; or
(b) use of or reliance on any content displayed on the Website.
9.4 We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect User’s computer equipment, computer programs, data or other proprietary material due to User’s use of the Website or to its downloading of any content on the Website, or on any website linked to the Website.
9.6 The Company shall further not be liable for damages resulting from the use of (or the inability to use) electronic means of communication with this Website, including, but not limited to, damages resulting from failure or delay in delivery of electronic communications, interception or manipulation of electronic communications by third parties or by computer programs used for electronic communications and transmission of viruses.
10. Disclaimer of warranties
12. Communication between us
13. Information or complaints
13.1 If User has a question or complaint regarding the Website, please send an e-mail to firstname.lastname@example.org. User may also contact us by writing to updatedge Limited at 86-90 Paul Street, London, EC2A 4NE. Please note that e-mail communications will not necessarily be secure; accordingly User should not include credit card information or other sensitive information in its e-mail correspondence with us.
15. Other important terms
15.1 Any words following the terms including, include, in particular or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.