myworkhive Terms & Conditions
Last amended: November 2016
Welcome to myworkhive. Please read our Terms and Conditions carefully. The terms include specific requirements for job seekers and for businesses or other organisations posting a job vacancy or other listings.
1. Our details
1.1 This website (myworkhive.com) (‘the Site’) is owned and operated by myworkhive Ltd.
1.2 We are a company registered in England and Wales:
- Our registration number is 10136325
- Our registered office address is: myworkhive, Eastern Enterprise Hub, UCS Waterfront Building, Neptune Quay, United Kingdom.
1.3 You may contact us by emailing firstname.lastname@example.org, by using the Site contact form, or by writing to us or telephoning us using the details provided on the Site contact page.
1.4 In these terms, references to “we,” “us”, “our”, “myworkhive” or “the Site” are references to myworkhive Ltd and the website myworkhive.com.
2.1 These terms and conditions (together with the other documents listed on it), govern the use of the Site and any other information or services we provide. The terms apply to guests and registered users (including individuals, companies and brands.)
2.2 By using the site, you indicate that you accept these terms and conditions in full; accordingly, if you disagree with any part of these terms and conditions, you must not use the Site.
2.3 If you register with the Site, submit any material to the Site or use any of our website services, we may also ask you to expressly agree to these terms and conditions.
2.4 Eligibility criteria: To view or use the Site, you must be:
(a) at least 18 years of age; and
(b) legally capable of entering into a binding contract.
By using the Site or agreeing to these terms and conditions, you warrant and represent to us that you meet these criteria (2.4).
2.6 We process information about you in accordance with our Privacy and Cookies Policy. By using the Site you consent to such processing and you warrant that all data provided by you is accurate.
2.7 We confirm that we shall comply with our obligations under the Data Protection Act 1998 and shall adhere to strict confidentiality requirements in respect of any personal data we hold about you. We may retain personal data that has been provided by you or about you after termination.
3. Copyright notice
3.1 Unless otherwise stated, the material published on the Site is owned by us (copyright myworkhive 2016), or has been licensed to us for reproduction by the copyright holder.
3.2 All copyright and other intellectual property rights in the Site and the material on the Site are reserved.
4. License to use the website
4.1 Use of the Site is subject to you meeting the eligibility requirements in Section 2.4, and complying with all other terms given here. You are responsible, on a strict liability basis, for ensuring that anyone who accesses the Site through your internet connection is aware of these terms, and that they comply with them.
4.2 Except as expressly permitted by these terms and conditions, you must not edit or otherwise modify any material on the Site.
4.3 You may use material on our website for your own personal use, and you must not use such material for any other purposes unless expressly permitted by these Terms and Conditions. Without seeking further permissions from us, you may:
(a) view pages from the Site in a web browser;
(b) download pages from the Site for caching in a web browser;
(c) print pages from the Site for your personal use;
(d) stream audio and video files from the Site for your personal use; and
(e) use our services by means of a web browser,
(f) subject to the other provisions of these terms and conditions.
4.4 Sharing our work online: You may redistribute our newsletter and articles in electronic form (including but not limited to email and/or social media), to any eligible person (in accordance with clause 2.4 of these terms & conditions), provided that you:
(a) fully and clearly credit myworkhive and any other named authors as the creators of the material;
(b) provide a weblink (URL) back to our home page, or to the original page, article or document on the Site;
(c) do not edit or modify the materials in any way; you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or logos. (However, you may edit text and remove images in order to meet word counts on services such as Twitter, provided myworkhive is fully and clearly credited.); and
(d) do not contravene any other part of these Terms and Conditions including our Acceptable Use policy (set out in Section 6.)
A material breach of any of the provisions of this clause 4.4 will be considered a breach of the intellectual property rights of myworkhive, and will be pursued accordingly.
4.5 Unless you own or control the relevant rights in the material, you must not, without our express written permission:
(a) sell, rent, syndicate or sub-license material from the Site;
(b) exploit material from the Site for a commercial purpose; or
(c) republish information from the Site in print (except single copies for your personal use).
4.7 We reserve the right to take down or to restrict access to areas of the Site, or indeed the whole Site, at our discretion; you must not circumvent or bypass, or attempt to circumvent or bypass, any access restriction measures on the Site. We will not be liable if for any reason the Site is unavailable at any time or for any period.
4.8 The content presented at this Site may vary depending on your browser functionality; we accept no liability if you cannot view any part of the Site or cannot access or receive the full functionality of a service.
5. Linking to our site
5.1 You must not establish a link to the Site from any website that is not owned by you.
5.2 You may link to the Site home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of our goodwill, but 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.
5.3 The Site must not be framed on any other site, nor may you create a link to any part of the Site other than the home page without our consent, unless in accordance with these terms and conditions.
5.4 The website from which you are linking must comply in all respects with the content standards set out in our Acceptable Use policy (Section 6).
5.5 We reserve the right to withdraw linking permission without notice for any reason, at our absolute discretion.
6. Acceptable use
6.1 You may only use the Site for lawful purposes. You may not use the Site in any way that breaches any applicable local, national or international law or regulation, wherever you are physically located. You must not:
(a) use the Site in any way or take any action that causes, or may cause, damage to the Site or impairment of the performance, availability or accessibility of the Site;
(b) use the Site in any way that is unlawful, illegal, fraudulent or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity;
(c) use the Site to copy, store, host, transmit, send, use, publish or distribute any material which consists of (or is linked to) any spyware, computer virus, Trojan horse, worm, keystroke logger, rootkit or other malicious computer software;
(d) conduct any systematic or automated data collection activities (including without limitation scraping, data mining, data extraction and data harvesting) on or in relation to the Site without our express written consent;
(e) access or otherwise interact with the Site using any robot, spider or other automated means whatsoever;
(f) violate the directives set out in the robots.txt file for our website; or
(g) use data collected from the Site for any direct marketing activity (including without limitation email marketing, SMS marketing, telemarketing and direct mailing).
6.2 You also agree not to access without authority, interfere with, damage or disrupt:
(a) any part of the Site;
(b) any other user account;
(c) any equipment or network on which the Site is stored;
(d) any software used in the provision of the Site; or
(e) any equipment or network or software owned or used by any relevant third party.
6.3 You undertake not to:
(a) transmit, post or email information, pictures or any other material (“Content”) via the Site without having permission from the party that owns the intellectual property rights including but not limited to copyright in such Content;
(b) transmit, post or email Content via the Site which breaches, infringes, violates or is contrary to any law, by-law, statute or regulation or any other parties’ rights (including but not limited to intellectual property rights and privacy rights);
(c) use the site (outside of the uses permitted under these Terms and Conditions) to promote another site, service or business in any way including but not limited to posting any e-mail addresses or URL’s, unless expressly in accordance with these terms and conditions, or as otherwise agreed between you and us.
(d) send any junk email (spam) or chain letters to other users;
(e) transmit, post or email any Content via the Site or be involved in behaviour, which in our reasonable opinion is explicit, racist, abusive, threatening, bullying, harassing, libellous or obscene or encouraging illegal activity or otherwise offensive or unacceptable;
(f) download the database through any automated (e.g. “scraping”) process; or
(g) knowingly introduce viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful; or attempt to gain unauthorised access to the Site, the server on which the Site is stored or any server, computer or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of service attack.
6.4 You must ensure that all the information you supply to us through the Site, or in relation to the Site, is true, accurate, current, complete and non-misleading
6.5 You acknowledge that, before acting on any information contained in any job vacancy, listing, profile, or advertisement, or on any information received from our Site, you must at your own cost and expense, carry out such investigation as you think necessary to satisfy yourself of the truth and accuracy of such information.
6.6 You acknowledge that, if you arrange any meetings with any person through the use of the Site, then you must take all suitable precautions, and that you do so at your own risk. We shall have no liability whatsoever for any loss or damage (whether direct or indirect) suffered by you in this respect.
6.7 We will determine, in our absolute discretion, whether there has been a breach of this acceptable use policy through your use of the Site. If we deem a breach has occurred, we may take such action as we deem appropriate including suspension or termination of your user account and deletion of Content without prior notice. Failure to comply with this acceptable use policy constitutes a material breach of these terms.
7. Use on behalf of an organisation
7.1 If you use the Site or expressly agree to these terms and conditions in the course of a business or other organisational project, then by so doing you bind to these terms and conditions both:
(a) yourself; and
(b) the person, company or other legal entity that operates that business or organisational project,
In these circumstances, references to “you” in these terms and conditions are to both the individual user and the relevant person, company or relevant legal entity.
8. Registration and accounts: individual users (including job seekers)
Section 8 applies to you if you are an individual registering to use the Site for your own use, including job seekers.
8.1 To be eligible for an individual account on the Site, you must meet the eligibility criteria regarding age and legal competence set out in Section 2.4, above.
8.2 You may register for an account with the Site by completing and submitting the account registration form on the Site.
8.3 We use and process your registration information as detailed in our Privacy and Cookies Policy. By using the Site, you agree to such processing of the registration information, and you warrant that all registration information provided by you is true, accurate, and current.
9. Registration and accounts: companies and organisations
Section 9 applies to you if you are using the site on behalf of a company or organisation, including to post a job vacancy or other listing on the site.
9.1 To be eligible for a business account on our website, you must be a business (i.e. a limited company, partnership, sole trader or other corporate structure legally recognised in your country of residency), social enterprise or charity.
9.2 If you are a sole trader, you must be at least 18 years of age (or, if higher, the age regarded as a legal adult in your country of residency);
9.3 You may register for an account with the Site by completing and submitting the account registration form on the Site.
9.4 You must pay the fees specified on the Site in relation to any premium services that you purchase, in accordance with Section 21.2.
9.5 Paid-for services will remain available for the relevant period specified on the Site at the time of purchase, unless you pay the applicable account renewal fees.
9.6 By agreeing to use the Site on behalf of a company or organisation, you confirm that you have adhered to all relevant and applicable laws and regulations in relation to the formation, incorporation and/or structure of your company or organisation both in your country of residency and in any other territories in which your company or organisation may operate.
10. User account security and login details
10.1 If you register for an account with the Site, you will be asked to choose a user ID and password.
10.2 Your user ID must not be liable to mislead and must comply with the content rules set out in Sections 22 and 23; you must not use your account or user ID for or in connection with the impersonation of any person. We reserve the right to reject a user ID in our absolute discretion.
10.3 You must keep your password confidential, and maintain adequate security measures to protect the integrity and security of any security identification or password issued to or created by you.
10.4 You must notify us by email immediately if you become aware of any disclosure of your password (contact email@example.com, subject: Security).
10.5 You are responsible for any activity on the Site arising out of any failure to keep your password confidential, and may be held liable for any losses arising out of such a failure.
10.6 You must not use any other person’s account to access the Site. You must not allow any other person to use your account to access the Site. You must notify us in writing immediately if you become aware of any unauthorised use of your account.
11. Cancellation and suspension of account
11.1 We may:
(a) suspend your account;
(b) cancel your account; and/or
(c) edit your account details,
at any time in our sole discretion without notice or explanation, providing that if we cancel any services you have paid for and you have not breached these terms and conditions, we will refund to you a pro rata amount of your payment, such amount to be calculated by us using any reasonable methodology.
11.2 You may cancel your account on the Site via your account control panel on the site. You will not be entitled to any refund if you cancel your account in accordance with this Section 11.2.
11.3 Your personal data may be in the possession of a recruiter or other third party and termination of these terms will not include any return or retraction of personal data which has been in the possession of such parties.
12. Jobseeker services
12.1 Jobseekers who register with the Site will have access to additional areas and features, which we will determine in our sole discretion. These may include:
(a) a facility to enable the jobseeker to browse our database of job listings;
(b) facilities to upload a CV and/or profile into our database, to enable registered employers or recruiters to search for the CV/profile, to assess whether the jobseeker may be suitable for a role, and to contact the jobseeker where appropriate;
(c) facilities to enable the jobseeker to receive email alerts, newsletters, notice of competitions, and/or other email or social media notifications from us; or
(d) any other services specified on the Site from time to time.
12.2 We are not a recruitment agency. You acknowledge that services and information provided by us and any third party suppliers are there merely to facilitate contact between jobseekers and employers or recruiters; we do not vet or monitor the employers or recruiters who advertise on our website. You agree that:
(a) you are entirely responsible for satisfying yourself that any employment you apply for via the Site, or subsequently take up having seen details via the Site, meets your personal requirements (including working hours, salary, working conditions and location); and does not contravene any legal, regulatory or tax obligations you may have in your current country of residence.
(b) you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense whatsoever that you suffer arising out of the actions or omissions of an employer or recruiter (subject to Section 26.1.)
(c) myworkhive will not be responsible for checking the accuracy, validity or completeness of data or information provided by or regarding recruiters or employers, and does not warrant that any information concerning a recruiter, employer or job vacancy will be accurate, complete or valid.
12.3 As a specialist in “remote” jobs, many of the vacancies on our job board have been listed by overseas companies. You acknowledge that job vacancies listed with us may be provided by employers who are incorporated outside of the European Economic Area, and subject to different employment laws or regulations. It is your sole responsibility to ensure familiarity with any such laws or regulations
12.4 For the avoidance of doubt, any CV or profile you upload or supply to us shall constitute “your content” for the purposes of Sections 22 and 23. You retain all rights in your Personal Data, and we shall only use the personal data and any information and documents provided by you in accordance with these terms, and our Privacy and Cookies Policy.
12.5 You must ensure that all the information you provide to us and to any registered employer or recruiter via, or in relation to, the Site is true, accurate, current, complete and not misleading, and you must keep such information up to date. You warrant that you will always give a true and fair view of yourself.
12.6 You accept that your profile will be listed on the Site and may be viewed by companies (including your current employer), and that your profile may be viewed by companies who are located in countries outside the European Economic Area.
12.7 You may delete your personal myworkhive jobseeker account at any time. We will endeavour to remove your personal information as quickly as possible; however, you accept that, once information has been provided to an employer or other third party, it cannot be retracted or withdrawn and we have no liability whatsoever in this regard.
12.8 You acknowledge that myworkhive shall not be responsible for any personal data uploaded to the Site or delivered to us by you. You shall keep full back-up copies of all your personal data, including CVs, profiles and job applications. myworkhive shall not be responsible for any loss or destruction of such data on the Site. If you have been inactive on the Site for a continuous period of 12 months or more, we reserve the right to delete your account and its contents without notice.
12.9 You acknowledge that there may be times when you cannot log in to view or amend your personal data and profile, and that we are not liable for any inconvenience or loss incurred by you during such times. You accept that you are responsible for taking note of any job vacancy details and deadlines of interest to you, so that this information is still available to you in the event that the site is not accessible to you for any reason.
13. Employer services
13.1 Employers or recruiters who register with our website will have access to additional website areas and features, which may include:
(a) the ability to post job advertisements on the Site;
(b) access to our database of jobseekers; and/or
(c) any other services specified on the Site from time to time.
13.2 For the avoidance of doubt, any advertisements (including job vacancies) that you upload or supply to us shall constitute “your content” for the purposes of Sections 22 and 23.
13.3 You acknowledge that we are not an employment agency and merely provide a facility to enable jobseekers and recruiters or employers to get in touch and that we do not vet or monitor the registered jobseekers who use the Site. You agree that you will not hold us liable, or seek to hold us liable, in relation to any loss, damage or expense that you suffer arising out of the actions or omissions of a jobseeker (subject to Section 26.1 of these terms and conditions).
13.4 Employers and recruiters undertake to ensure that all job advertisements that they submit to the Site for publication are true, accurate, current, complete and non-misleading advertisements for bona fide jobs.
13.5 You acknowledge that myworkhive’s job board is for remote vacancies only – that means, jobs that can be done remotely, in a location away from your company’s office. By posting a job vacancy on the Site, you warrant that the advertised role is remote, and can be done from any suitable location. You may:
(a) define what makes a location suitable to you (for example, availability of a specific internet connection speed, or specific time zones); and
(b) define short exceptions to remote-working (for example, if you require some attendance at a specific location such as during a probationary period, for training purposes, or for company retreats);
but you agree that any such exceptions will be made clear in the job specification and during any subsequent selection process.
13.6 Employers and recruiters must treat the information in our database of jobseekers as confidential, and must only use the database and the information therein for the purpose of seeking candidates to fill bona fide jobs; employers and recruiters must not copy any information from the database or record or retain any information from the database or disclose to any third party any information from the database, except as strictly necessary for that purpose.
13.7 We warrant to employers and recruiters that we will perform the paid-for job advertisement services with reasonable care and skill.
13.8 We do not warrant that employers and recruiters will receive any applications in relation to job advertisements; nor do we warrant that our database will hold information regarding jobseekers that are suitably qualified for the positions that recruiters require to be filled.
14.1 We may publish reviews of products and services on some parts of the Site (including written reviews, and star ratings) at our absolute discretion.
14.2 Reviewers are or may be independent from us; accordingly, reviews published on our website do not necessarily reflect our views and opinions.
14.3 You acknowledge that reviews published on our website may be out of date, biased, partial, misleading and/or inaccurate.
14.4 You should not rely upon reviews published on our website to make decisions or determine courses of action, and you should conduct your own research before making a decision or embarking upon a course of action.
14.5 Subject to Section 26.1, we will not be liable to you for any loss or damage arising from any reliance you may place on any review published on the Site.
14.6 You agree to the publication of reviews relating to you and your business, by others, on the Site; you acknowledge that such reviews may be critical or defamatory or otherwise unlawful; and, subject to Section 26.1, you agree that you will not hold us liable in respect of any such reviews, irrespective of whether we are aware or ought to have been aware of such reviews.
15. Expert reviews
15.1 We may publish reviews by experts on the Site, at our absolute discretion.
15.2 If you provide expert reviews to the Site, the supply by you and use by us of those reviews will be subject to separate terms and conditions.
16. User reviews
16.1 We may publish reviews by users on the Site, at our absolute discretion.
16.2 If you have registered with the Site, we may offer a facility to submit ratings or reviews for publication on the Site, subject to these terms and conditions.
16.3 Your reviews or ratings must be honest, reasonable and bona fide reviews of the product, service or company concerned.
16.4 You may only post a review or rating if you have personally used the product or service, or visited, worked for or otherwise experienced the workspace or other company you are reviewing.
16.5 You must not post a review or rating if:
(a) you have a financial interest in the subject matter of the review or rating;
(b) you are an owner, partner, employee, business partner or affiliate of any person who has a financial interest in the subject matter of the review or rating; or
(c) you are otherwise connected with, or related to, any person who has a financial interest in the subject matter of the review or rating.
16.6 For the avoidance of doubt, your reviews constitute “your content” for the purposes of Section 22 and Section 23.
16.7 You acknowledge that we may publish and otherwise use, in conjunction with your reviews, the name you provide to us, but we shall have no obligation to do so.
16.8 You hereby waive all your moral rights in your reviews to the maximum extent permitted by applicable law and warrant that all other moral rights in your reviews have been waived to the maximum extent permitted by applicable law.
16.9 You acknowledge that star ratings and any user reviews published on the Site are submitted by users, and that we do not usually review, approve or edit such reviews; we do not warrant the completeness or accuracy of user reviews or ratings.
16.10 We reserve the right to remove any reviews from the Site at any time, without notice to any party.
17. Directory listings (launching soon)
17.1 We welcome submissions to the directory published on the Site.
17.2 Each submission to our directory must be a listing in respect of a product, service, company, course, conference, project or other event that we deem to be of interest to remote workers and their employers.
17.3 For the avoidance of doubt, your directory submissions constitute “your content” for the purposes of Section 22 and Section 23, and must comply with the acceptable use rules set out in Section 6.
17.4 You are encouraged, but not obliged, to keep your directory submissions up to date using the Site interface
18. Free directory listings
18.1 You may submit a free listing to our directory by following the registration process (once launched).
18.2 If we accept your free directory listing submission, it will remain published on the Site indefinitely, subject to termination or deletion in accordance with these terms and conditions.
18.3 We may delete a free directory listing at any time, with or without notice to you.
19. Paid directory listings (launching soon)
19.1 You may submit a paid listing to our directory by following our registration and payment process: this involves registering as a user and creating a login; creating the listing using the Site interface; paying for your featured listing electronically; and submitting the listing to us for review, after which it will be made ‘live’ on the Site.
19.2 You will have the opportunity to identify and correct input errors prior to making your order by following procedures to be set out here on launch of the service.
19.3 If we accept a paid directory submission, it will remain published on the Site for the relevant period specified on the Site, subject to termination or deletion in accordance with these terms and conditions.
19.4 We may delete a paid directory listing at any time, providing that if we delete a paid listing in accordance with this Section 19.4 before the end of the period in respect of which listing fees have been paid, we will refund to you a pro-rated portion of those listing fees reflecting the unexpired listing period, such amount to be calculated by us using any reasonable methodology.
20. Prohibited directory submissions
20.1 Without prejudice to our other rights under these terms and conditions, we reserve the right to reject or delete directory submissions that breach these terms and conditions or that do not meet any additional guidelines for submissions that may be published on the Site.
20.2 If we reject or delete a directory submission in accordance with this Section 20, we will not refund any applicable charges.
21.1 The fees in respect of our website services will be as set out on the Site from time to time.
21.2 You must pay to us the fees in respect of our website services in advance, in cleared funds, in accordance with any instructions on the Site.
21.3 We may vary fees from time to time by posting new fees on the Site, but this will not affect fees for services that have been previously paid.
21.4 If you dispute any payment made to us, you must contact us immediately and provide full details of your claim.
21.5 If you make an unjustified credit card, debit card or other charge-back then you will be liable to pay us, within 14 days following the date of our written request:
(a) an amount equal to the amount of the charge-back;
(b) all third party expenses incurred by us in relation to the charge-back (including charges made by our or your bank or payment processor or card issuer);
(c) an administration fee of GBP 25.00 including VAT; and
(d) all our reasonable costs, losses and expenses incurred in recovering the amounts referred to in this Section 21.6 (including without limitation legal fees and debt collection fees),
and for the avoidance of doubt, if you fail to recognise or fail to remember the source of an entry on your card statement or other financial statement, and make a charge-back as a result, this will constitute an unjustified charge-back for the purposes of this Section 21.5.
21.6 If you owe us any amount under or relating to these terms and conditions, we may suspend or withdraw the provision of services to you.
21.7 We may at any time set off any amount that you owe to us against any amount that we owe to you under this or any other agreement.
22. Your content: licence
22.1 In these terms and conditions, “your content” means all works and materials (including without limitation text, graphics, images, audio material, video material, audio-visual material, scripts, software and files) that you submit to us or our website for storage or publication on, processing by, or transmission via, the Site.
22.2 Any content you upload to our site for public display will be considered non-confidential and non-proprietary; you grant to us a worldwide, irrevocable, non-exclusive royalty-free licence to use, reproduce, store, adapt, publish, distribute and share your content on the Site and via any existing or future media which we reasonably consider appropriate.
22.3 You grant to us the right to sub-license the rights licensed under Section 22.2.
22.4 You grant to us the right to bring an action for infringement of the rights licensed under Section 18.2.
22.5 You hereby warrant that all moral rights in your content (whether held by you or by any third party) have been waived to the maximum extent permitted by applicable law.
22.6 You may edit your content to the extent permitted using the editing functionality made available on our website (although you accept that this functionality may not be available to you at all times).
22.7 Without prejudice to our other rights under these terms and conditions, if you breach any provision of these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may delete, unpublish or edit any or all of your content.
23. Your content: rules
23.1 You warrant and represent that your content will comply with these terms and conditions.
23.2 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 the Site.
23.3 You warrant that you are able to licence the content that you upload to the Site to us and that our use of such content will not infringe the intellectual property rights of any other party.
23.4 Your content must not be illegal or unlawful in any way, must not infringe any person’s legal rights, and must not be capable of giving rise to legal action against any person (in each case in any jurisdiction and under any applicable law).
23.5 Your content, and the use of your content by us in accordance with these terms and conditions, must not:
(a) be libellous or maliciously false;
(b) be obscene or indecent;
(c) infringe any copyright, moral right, database right, trade mark right, design right, right in passing off, or other intellectual property right;
(d) infringe any right of confidence, right of privacy or right under data protection legislation;
(e) constitute negligent advice or contain any negligent statement;
(f) constitute an incitement to commit a crime or the promotion of criminal activity;
(g) be in contempt of any court, or in breach of any court order;
(h) be in breach of racial or religious hatred or discrimination legislation;
(i) be blasphemous;
(j) be in breach of official secrets legislation;
(k) be in breach of any contractual obligation owed to any person;
(l) depict violence;
(m) be pornographic, lewd, suggestive or sexually explicit;
(n) be untrue, false, inaccurate or misleading;
(o) consist of or contain any instructions, advice or other information which may be acted upon and could, if acted upon, cause illness, injury or death, or any other loss or damage;
(p) constitute spam;
(q) be offensive, deceptive, fraudulent, threatening, abusive, harassing, anti-social, menacing, hateful, discriminatory or inflammatory; or
(r) cause annoyance, inconvenience or needless anxiety to any person.
23.6 You must not use the Site to link to any website or web page consisting of or containing material that would, were it posted on our website, breach the provisions of these terms and conditions.
23.7 You must not submit to the Site any material that is or has ever been the subject of any threatened or actual legal proceedings or other similar complaint.
24. Report abuse
24.1 If you learn of any unlawful material or activity on the Site, or any material or activity that breaches these terms and conditions, please let us know by emailing hello@myworkhive (Subject Line: Abuse of Terms). Please clearly explain what breach you believe has taken place, and provide a site link where possible.
25. Limited warranties
25.1 We do not warrant or represent:
(a) the completeness or accuracy of the information published on the Site;
(b) that the material on the Site is up to date; or
(c) that the Site or any service on the Site will remain available.
25.2 Content on the Site, whether originating from us or a third party, is not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to the Site, or by anyone who may be informed of any of its contents.
25.3 The Site and its content may be modified or discontinued at any time and at our sole discretion, with or without notice to you, and without liability to you or to any third party. Any of the material on the Site may be inaccessible or out of date at any given time, and we are under no obligation to maintain access to, or update, such material.
25.4 We reserve the right to discontinue or alter any or all of our website services, and to alter or stop publishing the Site at any time in our sole discretion without notice or explanation; save to the extent expressly provided otherwise in these terms and conditions, you will not be entitled to any compensation or other payment upon the discontinuance or alteration of any website information or services, or if we stop publishing the Site.
25.5 To the maximum extent permitted by applicable law and subject to Section 26.1, we exclude all representations and warranties relating to the subject matter of these terms and conditions, the Site and the use of our website.
26. Limitations and exclusions of liability
26.1 Nothing in these terms and conditions will:
(a) limit or exclude any liability for death or personal injury resulting from negligence;
(b) limit or exclude any liability for fraud or fraudulent misrepresentation;
(c) limit any liabilities in any way that is not permitted under applicable law; or
(d) exclude any liabilities that may not be excluded under applicable law.
26.2 The limitations and exclusions of liability set out in this Section 26 and elsewhere in these terms and conditions:
(a) are subject to Section 26.1; and
(b) govern all liabilities arising under these terms and conditions or relating to the subject matter of these terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty, except to the extent expressly provided otherwise in these terms and conditions.
26.3 The Site is provided, maintained and modified subject to our absolute discretion. No guarantees, conditions or warranties are given in respect of the Site.
26.4 We will not be liable to you in respect of any losses arising out of any event or events beyond our reasonable control.
26.5 We will not be liable to you in respect of loss or damage incurred by any user in connection with the use or inability to use the Site, or any websites linked to it and any materials posted on it, including but not limited to: loss of profits, income, revenue, use, production, anticipated savings, business, contracts, commercial opportunities, goodwill or wasted time.
26.6 We make no warranty that the contents of the Site or sites linked to it are free from infection by viruses or other harmful components with contaminating or destructive properties. We will not be liable to you in respect of any loss or corruption of any data, database, software, or computer equipment.
26.7 We will not be liable to you in respect of any indirect loss or damage.
26.8 You agree that you will not bring any claim personally against our officers or employees in respect of any losses you suffer in connection with the website or these terms and conditions (this will not limit or exclude the liability of myworkhive for the acts and omissions of our officers and employees).
26.9 Our aggregate liability to you in respect of any contract to provide services to you under these terms and conditions shall not exceed the total amount paid and payable to us under the contract.
27.1 You hereby indemnify us, and undertake to keep us indemnified, against any and all losses, damages, costs, liabilities and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute) incurred or suffered by us and arising directly or indirectly out of:
(a) any breach by you of any provision of these terms and conditions; or
(b) your use of the Site.
28. Breaches of these terms and conditions
28.1 Without prejudice to our other rights under these terms and conditions, if you breach these terms and conditions in any way, or if we reasonably suspect that you have breached these terms and conditions in any way, we may in our absolute discretion:
(a) send you one or more formal warnings;
(b) temporarily suspend your access to the Site;
(c) permanently prohibit you from accessing the Site;
(d) block computers using your IP address from accessing the Site;
(e) contact any or all of your internet service providers and request that they block your access to the Site;
(f) commence legal action against you, whether for breach of contract or otherwise; and/or
(g) suspend or delete your account on the Site.
28.2 Where we suspend or prohibit or block your access to our website or a part of our website, you must not take any action to circumvent such suspension or prohibition or blocking (including, but not limited to, creating and/or using a different account).
29. Third party websites and transactions with third parties
29.1 The Site includes hyperlinks to other websites owned and operated by third parties; such hyperlinks are not recommendations.
29.2 We have no control over third party websites and their contents, and subject to Section 26.1 of these terms and conditions we accept no responsibility for them or for any loss or damage that may arise from your use of them.
29.3 Our terms do not govern any other relationships you may enter into with any such third party. Contracts for employment or for the supply of any goods or services formed with third parties shall be governed by the terms and conditions of the relevant third party. Your relationship with third parties is your sole and exclusive responsibility. We will have no involvement, liability or obligations in relation to any contracts that you form with any third parties You should seek independent legal advice if required. This disclaimer does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose your information related to that transaction to the third party seller. Third parties shall not have any rights under the Contracts (Rights of Third Parties) Act 1999 in relation to any agreement between us and you.
30. Trade marks
30.1 Our “blue bee” logo, and the names myworkhive and myworkhive.com are our unregistered trade marks belonging to us; we give no permission for the use of these unregistered trade marks, and such use may constitute an infringement of our rights.
30.2 The third party registered and unregistered trade marks or service marks on the Site are the property of their respective owners and, unless stated otherwise in these terms and conditions, we do not endorse and are not affiliated with any of the holders of any such rights and as such we cannot grant any licence to exercise such rights.
31.1 From time to time we may run competitions, free prize draws and/or other promotions on the Site.
31.2 Competitions will be subject to separate terms and conditions (which we will make available to you via the Site, as appropriate).
32.1 We may revise these terms and conditions from time to time by amending this page. The revised terms and conditions shall apply to the use of the Site from the date of publication of the revised terms and conditions on the Site. (The date of the latest version is displayed at the top of the document.)
32.2 You are advised to check regularly for any revisions, as they are binding on you. By continuing to use the Site following any such modification to the terms and conditions, you will be deemed to accept such modification. You hereby waive any right you may otherwise have to be notified of, or to consent to, revisions of these terms and conditions.
32.3 If you have given your express agreement to these terms and conditions (such as, when paying for services from us), we will send you email notice of any revision of these terms and conditions, and the revised terms and conditions will apply to the use of the Site from the date that we give you such notice; if you do not agree to the revised terms and conditions, you must stop using the Site and our services, and we reserve the right to disable or delete your account on the Site.
33.1 You hereby agree that we may assign, transfer, sub-contract or otherwise deal with our rights and/or obligations under these terms and conditions.
33.2 You may not without our prior written consent assign, transfer, sub-contract or otherwise deal with any of your rights and/or obligations under these terms and conditions.
34.1 If a provision of these terms and conditions is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect.
34.2 If any unlawful and/or unenforceable provision of these terms and conditions would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect.
35. Third party rights
35.1 A contract under these terms and conditions is for our benefit and your benefit, and is not intended to benefit or be enforceable by any third party.
35.2 The exercise of the parties’ rights under a contract under these terms and conditions is not subject to the consent of any third party.
36. Entire agreement
36.1 Subject to Section 26.1, these terms and conditions, together with our Privacy and Cookies Policy, shall constitute the entire agreement between you and us in relation to your use of our website and shall supersede all previous agreements between you and us in relation to your use of our website.
37. Law and jurisdiction
37.1 These terms and conditions shall be governed by and construed in accordance with English law.
37.2 Any disputes relating to these terms and conditions shall be subject to the exclusive jurisdiction of the courts of England and Wales.
38. Statutory and regulatory disclosures
38.1 We will not file a copy of these terms and conditions specifically in relation to each user or customer and, if we update these terms and conditions, the version to which you originally agreed will no longer be available on our website. We recommend that you consider saving a copy of these terms and conditions for future reference.
38.2 These terms and conditions are available in the English language only.