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Esse Quam Videri
Terms and Conditions
These terms
What these terms cover. These are the terms and conditions on which we supply services to you.
Why you should read them. Please read these terms carefully before you submit your order to us. These terms tell you who we are, how we will provide services to you, how you and we may change or end the contract, what to do if there is a problem and other important information. If you think that there is a mistake in these terms or require any changes, please contact us to discuss.
Information about us and how to contact us
Who we are. We are CIFA EDUCATION [MANAGEMENT] LIMITED/CIFA EDUCATION LTD
a company registered in England and Wales with registered name CIFA EDUCATION [MANAGEMENT] LIMITED/CIFA EDUCATION LTD
. Our company's registration numbers is 12852521/14271739
and our registered office is at 94-96 seymour place London England W1H 1NB Our registered VAT number is 416052430 for CIFA EDUCATION [MANAGEMENT] LIMITED
How to contact us: You can contact us by emailing us at [email protected] or sending us a letter at First Floor Office, 94-96 Seymour Place, W1H 1NB, London. You may also telephone us at 01865655704 and 01865655913. For all complaints please email us on [email protected].
How we may contact you. If we have to contact you we will do so by telephone or by writing to you using the telephone number, email address or postal address you provided to us in your order.
"Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails.
Our contract with you
How we will accept your account. Our acceptance of your account will take place when we send you an email receipt with confirmation of your payment being received, at which point a contract will come into existence between you and us. You will be given access to the course material within 24-48 hours from your email receipt being sent to you.
On purchasing a course, you will also receive a QR code and will then be able to create your digital CV. We are not liable for any issues arising from the QR code's faultiness and you should contact us immediately, to mitigate any possible losses, by informing us in detail of any issues that you have encountered.
If we cannot accept your account. If we are unable to accept your account, we will inform you of this and will not charge you for the services. This might be because of unexpected limits on our resources which we could not reasonably plan for or because we have identified an error in the price or description of the services, amongst other valid reasons.
We only sell to the UK. Our website is solely for the promotion of our services in the UK. Separate legal documents may apply to our group company's services outside the UK.
Other legal documents. These terms are in addition to other legal documents that may apply to you, such as the Website Acceptable Use Policy. To determine which legal documents apply to you, please visit our website and, in the footer, access the relevant legal documents.
The services. The services means access to our website after purchasing the course material in which you can then complete the course and create a digital CV.
In the interest of clarity, the services are not the course material, which are offered by individual third-parties via our website. The website only facilitates your ability to access them.
The digital cv. This allows you to promote your skills to potential employers who will spend credits which they have purchased from us to be able to access your information and interview you. We hold no liability regarding whether these potential employers will interview or hire you, all we can do is facilitate the potential of recruitment.
Your rights to make changes
If you wish to make a change to the services please contact us. We will let you know if the change is possible. If it is possible we will let you know about any changes to the price of the services or anything else which would be necessary as a result of your requested change and ask you to confirm whether you wish to go ahead with the change.
Our rights to make changes
Minor changes to the services. We may change the services:
(a) to reflect changes in relevant laws and regulatory requirements;
(b) to implement minor technical adjustments and improvements, for example to address a security threat. These changes should not materially affect your use of the services;
(c) addition or removal of certain features of the website's offering;
(d) additions or removals to how you may interact with the website and other users;
(e) additions or removals of access to information or courses; and
(f) any other reasonable changes.
More significant changes to the services and these terms. In addition, we may make the following changes to these terms or the services, but if we do so we will notify you and you may then contact us to end the contract:
(a) Changes in pricing;
(b) Changes to ensure that the services are in the best interests of our clients.
Providing the services
When we will provide the services. We will supply the services to you from the date we accept your account until this contract is either cancelled or terminated.
We are not responsible for delays outside our control. If our performance of the services is affected by an event outside our control then we will not be liable however, if there is a risk of substantial delay you may contact us to end the contract.
What will happen if you do not provide required information to us. We will need certain information from you so that we can provide the services to you. If you do not, within a reasonable time, provide us with this information, or you provide us with incomplete or incorrect information, we may either end the contract (see clause 8.1). We will not be responsible for providing the services late or not providing any part of them if this is caused by you not giving us the information we need within a reasonable time of being prompted to provide the information.
Reasons we may suspend the services. We may have to suspend the services to:
(a) deal with technical problems or make technical changes;
(b) update the services to reflect changes in relevant laws and regulatory requirements;
(c) make changes to the services as requested by you or notified by us to you (see clause 5).
Your rights if we suspend the services. If we have to suspend the services for longer than one week in any one month period, we may adjust the price so that you do not pay for services while they are suspended. Please contact us if you are experiencing issues accessing the services.
We may also suspend the services if you do not pay. If you do not pay us for the services when you are supposed to (see clause 11.4) and you still do not make payment after 14 days of that payment being due, we may suspend supply of the services until you have paid us the outstanding amounts. We will contact you to tell you we are suspending supply of the services. As well as suspending the services we can also charge you interest on your overdue payments (see clause 11.5).
Your rights to end the contract
If you are purchasing the course materials as a consumer, you can end the contract within 14 days of purchasing, without any reason. However, you will only be refunded where you have not accessed the course materials yet.
To meet the cancellation deadline, it is sufficient for you to send a clear statement or form via email or post confirming your exercise of the right to cancel before the refund period has expired. All refunds are subject to a 5% banking administration fee.
If you are purchasing the course materials as a consumer and request to end the contract outside of the 14 day refund period, you will not be entitled to any form of refund.
If you are purchasing the course materials in the course of your trade, no refund will be available except as per 7.4..
What happens if you have a good reason for ending the contract.
If you are ending the contract for a reason set out at (7.4.1) to (7.4.4) below the contract will end immediately and we will refund you in full for any services which have not been provided or have not been properly provided. The relevant reasons are:
We have told you about an upcoming change to the services or these terms which you do not agree to (see clause 5.2);
We have told you about an error in the price or description of the services you have ordered and you do not wish to proceed;
We suspend the services for technical reasons, or notify you we are going to suspend them for technical reasons, in each case for a period of more than one week; or
You have a legal right to end the contract because of something we have done wrong.
What happens if you end the contract without a good reason.
If you are not ending the contract for one of the reasons set out in clause 7.4, the contract will end immediately but we may charge you reasonable compensation for the net costs we will incur as a result of your ending the contract. We may also charge you in full for your use of, and access to, the services. Ending without a good reason includes ending the contract due to an issue related to third-party APIs / applications, or any other reason that is not attributed to our wrong-doing.
Our rights to end the contract
We may end the contract if you break it. We may end the contract at any time by writing to you if:
you do not make any payment to us when it is due and you still do not make payment within 14 days of that payment being due;
you do not, within a reasonable time of us asking for it, provide us with information that is necessary for us to provide the services; or
you breach any terms of this contract or of any other relevant legal documents, such as the Website Acceptable Use Policy.
You must compensate us if you break the contract. If we end the contract in the situations set out in clause 8.1 and the advance payments (if any) are not sufficient to cover the reasonable costs we incurred, we will invoice you separately for these.
We may stop providing the services. We may write to you to let you know that we are going to stop providing the services. We will let you know at least 14 days in advance of our stopping the services and will refund any sums you have paid in advance for services which will not be provided, unless we are terminating with immediate effect due to a breach of any relevant legal documents, such as the Website Acceptable Use Policy.
How to tell us about problems. If you have any questions or complaints about the services, please contact us on 01865655704 or 01865655913, alternatively please email [email protected].
Summary of your legal rights. See the information below for a summary of your key legal rights in relation to the services. Nothing in these terms will affect your legal rights that cannot be excluded by agreement.
This is a summary of your key legal rights.
The Consumer Rights Act 2015, which is applicable only for those purchasing the course materials as a consumer and not in connection with their trade, says:
Price and payment
Where to find the price for the services. The price of each of the paid content services which include VAT will be the price set out on our website, as it may change from time to time. We use our best efforts to ensure that the prices of services advised to you are correct. However please see clause 11.3 for what happens if we discover an error in the price of the paid content services you order.
We will pass on changes in the rate of VAT. If the rate of VAT changes between your order date and the date we provide the services, we will adjust the rate of VAT that you pay, unless you have already paid for the services in full before the change in the rate of VAT takes effect.
What happens if we get the price wrong? It is always possible that some of the services we sell may be incorrectly priced. We will contact you regarding the difference in price and either refund you for the additional payment you made or invoice you for the remaining payment to be made. You may decide not to proceed with the services if the price is higher. If we accept and give you access to the paid content where there was a pricing error, we may end the contract, refund you any sums you have paid and not continue giving you access to the relevant paid content.
When you must pay and how you must pay. You will get access to the paid course material by adding the relevant course to our website's virtual basket and purchasing it using your card details, or with the consent of the cardholder, paying the full amount before gaining access to the materials, which will happen 24-48 hours from the time of your purchase being accepted. This includes payment plans on all products.
Instalment plans are non cancellable and are required to be paid in full, by purchasing any product on a payment plan you agree to pay on time and complete the terms of this agreement. Should you default on your payment then Cifa Education Management LTD reserves the right to pursue legal action to collect payment.
Our responsibility for loss or damage suffered by you
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors; for fraud or fraudulent misrepresentation; for breach of your legal rights in relation to the services.
We are not liable for any losses, including business losses. If you use the services for any commercial or business purposes, we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity. We are not responsible for any losses that can be legally excluded from liability.
We are not responsible for employment opportunities. We only facilitate the ability for you to undertake courses and have a digital CV in which potential employers may interview and hire you from. However, we cannot guarantee whether you will be invited to an interview or be offered a job. We are not liable for any loss of employment opportunities if your digital CV does not work or if you were not notified of a potential employment opportunity.
How we may use your personal information
How we will use your personal information. We will use the personal information you provide to us to:
(a) provide the services;
(b) for the third-party providers to provide the paid content services;
(c) process your payment for such services; and
(d) to inform you about similar products that we provide, but you may stop receiving these communications at any time by contacting us.
We may pass your personal information to credit reference agencies. Where we extend credit to you for the services we may pass your personal information to credit reference agencies and they may keep a record of any search that they do.
We will only give your personal information to other third parties where the law either requires or allows us to do so.
Other important terms
We may transfer this agreement to someone else. We may transfer our rights and obligations under these terms to another organisation.
You need our written permissions to transfer your rights and obligations. You may only transfer your rights or your obligations under these terms to another person with our written consent.
Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of its terms.
If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect. The illegal or unenforceable provision will be amended as little as possible to give effect to the intended purpose to render it valid.
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things or prevent us taking steps against you at a later date. For example, if you miss a payment and we do not chase you but we continue to provide the services, we can still require you to make the payment at a later date.
Which laws apply to this contract and where you may bring legal proceedings. These terms are governed by English law and the English courts shall have exclusive jurisdiction. If you are in Scotland, you may bring a claim in the Scottish courts. If you are in Northern Ireland, you may bring claims in the Northern Irish courts.
Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to negotiate with us an amicable resolution.
PLEASE READ THE TERMS OF THIS POLICY CAREFULLY BEFORE USING THE SITE
What's in these terms?
This acceptable use policy sets out the content standards that apply when you upload content to our site, make contact with other users on our site, link to our site, or interact with our site in any other way.
Who we are and how to contact us
www.cifa.ac is a site operated by CIFA EDUCATION [MANAGEMENT] LIMITED ("We"). We are registered in England and Wales under company number 12852521 and have our registered office at , 94-96 seymour place London England W1H 1NB
Our VAT number is 416052430.
We are a limited company.
To contact us, please email [email protected] or telephone our customer service line on 01865655704 or 01865655913.
By using our site you accept these terms
By using our site, you confirm that you accept the terms of this policy and that you agree to comply with them.
If you do not agree to these terms, you must not use our site.
We recommend that you print a copy of these terms for future reference.
There are other terms that may apply to you
Our Terms for employers and students and our agreement with instructors also apply to your use of our site. This is not an exhaustive list of the terms that apply to you.
Users must be at least 16 years old to access this platform.
We may make changes to the terms of this policy
We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.
Prohibited uses
You may not use our site:
in any way that breaches any applicable local, national or international law or regulation;
in any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect;
for the purpose of harming or attempting to harm minors in any way;
to bully, insult, intimidate or humiliate any person;
to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards (see below);
to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam);
to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; and/or
to upload terrorist content.
You also agree not to:
reproduce, duplicate, copy or re-sell any part of our site;
share any content, including purchased content on the website with other parties, with the exception of any digital CV;
share access account details (such as passwords and usernames) for the site with other parties; and/or
access without authority, interfere with, damage or disrupt:
any part of our site;
any equipment or network on which our site is stored;
any software used in the provision of our site; or
any equipment or network or software owned or used by any third party.
Interactive services
We may from time to time provide interactive services on our site, including, without limitation:
Video-sharing facilities.
Chat rooms.
Bulletin boards.
Digital CVs, via a QR code.
Credit system to access information.
Videos, PowerPoints and documents as part of the course materials.
Where we do provide any interactive service, we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will decide in each case, at our sole and absolute discretion, whether it is appropriate and economically and commercially viable to use moderation of the relevant service (including what kind of moderation to use) in the light of any risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on our site, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.
The use of any of our interactive services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive service that it is important that they communicate with their children about their safety online, as moderation is not fool proof. Minors who are using any interactive service should be made aware of the potential risks to them.
Where we do moderate an interactive service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
We do not store terrorist content.
Content Standards
There are three types of users of this website: Students, Affiliates, Instructors and Employers. Each will be held to the following applicable content standards, and additionally their specific content standards. Affiliates are to follow proper standards as Instructors, Employers and Students.
All types of Users must only contact others on this platform for appropriate educational or recruitment purposes (to prevent inappropriate communication).
These content standards apply to any and all material which you contribute to our site, or comment upon the contributions of others (Contribution), and to any interactive services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our absolute and sole discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
be accurate (where it states facts);
be genuinely held (where it states opinions);
comply with the law applicable in England and Wales and in any country from which it is posted; and
be conscious of potential offence to any and all other users or contributors to the platform.
A Contribution must not:
be defamatory of any person;
be obscene, offensive, hateful or inflammatory;
bully, insult, intimidate or humiliate;
promote sexually explicit material;
include child sexual abuse material;
promote violence;
promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
infringe any copyright, database right or trademark of any other person;
be likely to deceive any person;
breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
promote any illegal content or activity;
be in contempt of court;
be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
be likely to harass, upset, embarrass, alarm or annoy any other person;
impersonate any person or misrepresent your identity or affiliation with any person;
give the impression that the Contribution emanates from us, if this is not the case;
advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse; and
contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.
For Students
For the avoidance of doubt, any Contribution in the form of video content:
only be used for proper educational or employment recruitment purposes;
not contain harmful material. Harmful material includes but is not limited to terrorism, profanity, nudity, explicit sexual behaviour (including children), misrepresentation or advertisement of any product, and anything else we determine is harmful; and/or
not contain any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18.
For any contribution on a digital profile must not make any form of misrepresentation or negligent misstatement about the student.
For Instructors
For the avoidance of doubt, any Contribution in the form of video content:
only be used for proper educational or employment recruitment purposes;
not contain harmful material. Harmful material includes but is not limited to terrorism, profanity, nudity, explicit sexual behaviour (including children), misrepresentation or advertisement of any product, and anything else we determine is harmful; and/or
not contain any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18.
For any contribution in the form of course materials, must not mislead or be fraudulent. The materials should be updated from time to time as deemed necessary to be considered fit for proper use.
For Employers
For any contribution to the platform where credits are spent to gain access to students digital CVs, the employer must not:
Misrepresent who they are;
Be involved in any criminal/ illegal activity/ business;
Act inappropriately towards the students, this includes but is not limited to, messaging the students regarding anything else but a legitimate employment opportunity; and/or
Fail abide by all relevant employment legislation in the UK, which includes but is not limited to the Equality Act 2010.
Breach of this policy
When we consider that a breach of this acceptable use policy has occurred, we may take such action as we deem appropriate.
Failure to comply with this acceptable use policy constitutes a material breach of the terms of use upon which you are permitted to use our site, and may result in our taking all or any of the following actions:
Immediate, temporary or permanent withdrawal of your right to use our site.
Immediate, temporary or permanent removal of any Contribution uploaded by you to our site.
Issue of a warning to you.
Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach.
Further legal action against you.
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
We exclude our liability for all action we may take in response to breaches of this acceptable use policy. The actions we may take are not limited to those described above, and we may take any other action we reasonably deem appropriate.
How this contract can be transferred
We can transfer our rights and obligations under these terms to any third party, provided this does not adversely affect your rights under these terms.
Which country's laws apply to any disputes?
If you are a consumer, please note that the terms of this policy, its subject matter and its formation are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction.
If you are a business, the terms of this policy, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
Background
These terms
What these terms cover. These are the terms and conditions (the contract) on which we supply Services to you.
We only sell to the UK. Our website is solely for the promotion of our Services in the UK. Unfortunately, we do not render our Services outside the UK.
We only sell to companies. Our website is and the Services are for companies in the UK only. This is a business to business (B2B) contract and these Services are not suitable nor intended for private individuals.
Why you should read them. Please read this contract carefully before you engage us to provide you with the Services.
Information about us and how to contact us
Who we are. We are CIFA EDUCATION [MANAGEMENT] LTD a company registered in England and Wales. Our registered name is CIFA EDUCATION [MANAGEMENT] LIMITED, our company registration number is 12852521 and our registered office is at First Floor Office, 34 Great Queen Street, London, England, WC2B 5AA. Our registered VAT number is 416052430.We will be referred to as the Supplier in this contract.
How to contact us. You can contact us by telephoning our customer service team at 01865655704 or 01865655913 or by emailing us at [email protected] or sending us a letter at First Floor Office, 34 Great Queen Street, London, England, WC2B 5AA.
How we may contact you. If we have to contact you we will do so by telephone or by writing to you at the email address or postal address you provided to us. You will be referred to as the Customer in this contract.
Agreed terms
Interpretation
Definitions:
Business Day: a day other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.
Charges: the charges payable by the Customer to the Supplier to get Credits, to then be able to utilise the Service as set out in 7 and paid via the Website.
Conditions: these terms and conditions set out in 1 (Interpretation) to clause 11 (General) (inclusive).
Contract: the contract between the Customer and the Supplier for the Customer’s access to the Platform in accordance with these Conditions and any quotations on our Website.
Control: has the meaning given in section 1124 of the Corporation Tax Act 2010, and the expression change of control shall be construed accordingly.
Controller, Processor, Data Subject, Personal Data, Personal Data Breach, processing and appropriate technical and organisational measures: as defined in the Data Protection Legislation.
Credits: the credits purchased by the Customer via the Charges as set out in 8, which entitles the Customer to access the Prospective Employee information;
Customer: a prospective employer/ business who purchases Credits to access the student information, to interview and potentially recruit;
Data Protection Legislation: all applicable data protection and privacy legislation in force from time to time in the UK including the UK GDPR; the Data Protection Act 2018 (DPA 2018) (and regulations made thereunder) and the Privacy and Electronic Communications Regulations 2003 (SI 2003/2426) as amended and all other legislation and regulatory requirements in force from time to time which apply to a party relating to the use of Personal Data (including, without limitation, the privacy of electronic communications).
Deliverables: all documents, products and materials developed by the Supplier or its agents, subcontractors and personnel as part of or in relation to the Services in any form, including without limitation computer programs, data, reports and specifications (including drafts).
Intellectual Property Rights: patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and 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: where the Customer can spend Credits to access the Students information, to find new employees;
Prospective employee: the students or individuals who have a digital cv’s on the platform, and whose information can be accessed by the Customer spending credits;
Services: Recruitment enablement services, namely the access to the Prospective employee information.
Services Start Date: the date agreed on between the parties when entering into this contract.
Supplier IPRs: all Intellectual Property Rights subsisting in the Deliverables excluding any Customer Materials incorporated in them.
Website: means https://www.cifa.ac
Interpretation:
(a) Unless expressly provided otherwise in this Contract, a reference to legislation or a legislative provision:
(i) is a reference to it as it is in force as at the date of this contract; and
(ii) shall include all subordinate legislation made as at the date of this contract under that legislation or legislative provision.
(b) Any words following the terms including, include, in particular, for example or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
(c) A reference to writing or written includes email.
The Service
Upon acceptance of the Terms and Conditions, and after the Customer spends their credits, the Supplier shall supply the Services to the Customer from time to time.
The Supplier operates the Platform to facilitate the provision of enabling Recruitment of those Potential Employees who may have undertaken courses on the Platform.
The Customer will be able to go through the Platform and find Potential Employees to interview, and if successful then they can hire the Potential Employee.
Before spending Credits, the Customer can watch the Prospective Employee’s promotional video.
If the Customer then wants to learn more about the Prospective Employee and potentially invite for an interview, then the Customer must spend their Credits on the Prospective Employee to be able to access their details.
The Customer can then hire the Prospective Employee.
By accepting these Terms and Conditions, you agree to register as a Customer (that you are an employer/ business looking for Potential Employees) on the Platform, which will allow you to purchase Credits as and when you need. Once you spend the Credits on a Potential Employee, the Supplier will share their information ith you. The Potential Employee reserves the right to accept an interview with you or not. If you hire the Potential Employee they will become your employee and will not be the responsibility of the Supplier.
The Platform
The Supplier will provide the Services via the Platform, found through the Website using reasonable care and skill.
The Platform is only a place in which Prospective Employees can be found by the Customer. The Supplier does not:
That the Prospective Employees will have completed the course materials provided on the Platform to a high standard;
Guarantee that the Prospective Employee will accept any invitation to interview;
Guarantee that the Prospective Employees are of the standard they claim to be; and/or
Hold any liability to how the Prospective Employee will work if they are hired by the Customer.
The Platform may be updated from time to time, as the Supplier thinks fit and the Supplier will not be liable for any downtime, delays or loss suffered by the Customer due to this.
Customer's obligations
The Customer shall:
(a) co-operate with the Supplier in all matters relating to the Services;
(b) provide, in a timely manner, such information as the Supplier may require, and ensure that it is accurate and complete in all material respects;
(c) comply with the Website Acceptable Use Policy at all times;
(d) comply with any vetting procedures the Supplier may put in place from time to time;
(e) comply with all relevant data protection laws;
(f) comply with all relevant employment legislation and laws, including but not limited to, the Equality Act 2010; and
(g) make it clear to the Prospective Employee that if they are hired by you, that you are responsible for their pay, benefits, tax and insurance and anything else the Prospective Employee can reasonably expect, and that we are not liable for this at all.
If the Supplier's performance of its obligations under the Contract is prevented or delayed by any act or omission of the Customer, its agents, subcontractors, consultants or employees, the Supplier shall:
(a) not be liable for any costs, charges or losses sustained or incurred by the Customer that arise directly or indirectly from such prevention or delay;
(b) be entitled to payment of the Charges despite any such prevention or delay; and
(c) be entitled to recover any additional costs, charges or losses the Supplier sustains or incurs that arise directly or indirectly from such prevention or delay.
Data protection
The parties shall comply with their data protection obligations.
The Supplier will use the Customer’s data as in accordance with the Privacy Policy, available on the website.
Intellectual property
The Supplier and its licensors shall retain ownership of all Supplier IPRs. This includes the Website, Platform and all information and content on and relating to the Website and Platform.
Charges and payment
In consideration for the provision of the Services, the Customer shall pay the Supplier the Charges in accordance with this clause 7.
All amounts payable by the Customer include amounts in respect of value added tax (VAT), which the Customer shall additionally be liable to pay to the Supplier at the prevailing rate (if applicable).
The Supplier shall have a price list on the Website, where the Customer can choose what Charges to pay depending on the amount of Credits they want. [If the Customer would like to do a monthly subscription, please … .]
The Customer will not be able to access the Platform and spend Credits to access the Prospective Employee’s information until the Charges have been paid via the Website.
The Supplier will not be liable for any delays for the Customer if there are any problems with the Charges being paid or accepted, as well as if there's a delay in the Credits being added to the Customer’s account. Please wait 24-48 hours before the Credits have appeared in your account.
If monthly subscription is used:
If the Customer fails to make any payment due to the Supplier under the Contract by the due date for payment, then, without limiting the Supplier's remedies under 9 (Termination):
(a) the Customer shall pay interest on the overdue sum from the due date until payment of the overdue sum, whether before or after judgement. Interest under this clause will accrue each day at 8% a year above the Bank of England's base rate from time to time, but at 8% a year for any period when that base rate is below 0%.
(b) the Supplier may suspend all Services until payment has been made in full.
The Parties agree that the obligations in clause 7.6 are reasonable and proportionate to the losses that the Supplier will incur if the Customer does not meet its charges and payment obligations in a timely manner.
All amounts due under the Contract from the Customer to the Supplier shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
There are no refunds available for the Charges under any circumstance, unless the Supplier deems it reasonable to provide a refund.
Credits
To purchase the Credits the Customer has to pay the Chargers as per clause 7.
Once the Credits have been purchased the Customer will be able to spend these in exchange for the Prospective Employee’s information. The Platform will inform the Customer how many credits will have to be used to access the information before the Customer spends them.
To avoid spending Credits, the Customer can watch the Prospective Employees promotional video first and then, if the Customer thinks the Prospective Employee would be a good fit for their business, they can then spend their Credits to get more information about the Prospective Employee.
For the avoidance of doubt, there will be no refund available on Credits that have been spent. This includes where the Prospective Employee has not accepted an interview or has not lived up to the standard expected whether on their digital CV, in their interview or once hired. The Supplier, at their absolute discretion, may offer a refund of Credits (not Charges) if there is a problem with the Prospective Employee information but this is not guaranteed.
The Customer’s Credits will roll over each month until the Credits have been spent fully.
Once the Customer has spent all purchased Credits, they will have to purchase more by paying the Charges again.
Limitation of liability
The limits and exclusions in this clause reflect the insurance cover the Supplier has been able to arrange and the Customer is responsible for making its own arrangements for the insurance of any excess loss.
References to liability in this 9 include every kind of liability arising under or in connection with the Contract including but not limited to liability in contract, tort (including negligence), misrepresentation, restitution or otherwise.
Neither party may benefit from the limitations and exclusions set out in this clause in respect of any liability arising from its deliberate default.
Nothing in this 9 shall limit the Customer's payment obligations under the Contract.
The Customer understands and accepts that if the Customer hires the Prospective Employee to work in their business, they will be liable to comply with all relevant legislation regarding that Prospective Employee becoming an employee, worker or contractor. The Customer therefore indemnifies the Supplier to the fullest extent of all claims and proceedings for loss, damage, discrimination, liabilities, and all other potential claims that may be brought against the Customer or threatened against the Supplier by, but not limited to the Prospective Employee for the acts of the Customer from when the Credits are spent on the Prospective Employee’s information.
Nothing in the Contract limits any liability which cannot legally be limited, including liability for:
(a) death or personal injury caused by negligence;
(b) fraud or fraudulent misrepresentation; and
(c) breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession).
Subject to 9.3 (No limitation in respect of deliberate default), 9.4 (No limitation on customer's payment obligations) and 9.6 (Liabilities which cannot legally be limited):
(a) the Supplier's total liability to the Customer will be the value of the Charges the Customer made when purchasing the Credits in the last 6 months.
(b) the Customer's total liability to the Supplier will be the value of any reputation damage the Supplier suffers due to the acts of the Customer, as covered in clause 9.5.
Subject to 9.3 (No limitation in respect of deliberate default), 9.4 (No limitation on customer's payment obligations) and 9.6 (Liabilities which cannot legally be limited), this 9.7 sets out the types of loss that are wholly excluded:
(a) loss of profits;
(b) loss of sales or business;
(c) loss of agreements or contracts;
(d) loss of anticipated savings;
(e) loss of use or corruption of software, data or information;
(f) loss of or damage to goodwill; and
(g) indirect or consequential loss.
The Supplier has given commitments as to compliance of the Services with relevant specifications in 3. In view of these commitments, the terms implied by sections 3, 4 and 5 of the Supply of Goods and Services Act 1982, or later versions of the law and their equivalent (as reasonably interpreted), are, to the fullest extent permitted by law, excluded from the Contract.
Unless the Customer notifies the Supplier that it intends to make a claim in respect of an event within the notice period, the Supplier shall have no liability for that event. The notice period for an event shall start on the day on which the Customer became, or ought reasonably to have become, aware of the event having occurred and shall expire [NUMBER] months from that date. The notice must be in writing and must identify the event and the grounds for the claim in reasonable detail.
Termination
Without affecting any other right or remedy available to it, either party to the Contract may terminate it with immediate effect by giving written notice to the other party if:
(a) the other party commits a material breach of any term of the Contract which breach is irremediable or (if such breach is remediable) fails to remedy that breach within a period of 14 days after being notified in writing to do so;
(b) the other party takes any step or action in connection with its entering administration, provisional liquidation or any composition or arrangement with its creditors (other than in relation to a solvent restructuring), applying to court for or obtaining a moratorium under Part A1 of the Insolvency Act 1986, being wound up (whether voluntarily or by order of the court, unless for the purpose of a solvent restructuring), having a receiver appointed to any of its assets or ceasing to carry on business or, if the step or action is taken in another jurisdiction, in connection with any analogous procedure in the relevant jurisdiction;
(c) the other party suspends, or threatens to suspend, or ceases or threatens to cease to carry on all or a substantial part of its business; or
(d) the other party's financial position deteriorates to such an extent that in the terminating party's reasonable opinion the other party's capability to adequately fulfil its obligations under the Contract has been placed in jeopardy.
Without affecting any other right or remedy available to it, the Supplier may terminate the Contract with immediate effect by giving written notice to the Customer if:
(a) the Customer fails to pay any amount due under the Contract on the due date for payment;
(b) the Customer fails to comply with any relevant data protection policies and/ or legislation; or
(c) the Customer fails to comply with the Website Acceptable Use Policy, which includes but is not limited to, the Customer receiving complaints, the Customer being involved in any illegal activity or the Customer not being who they claim to be.
On termination of the Contract for whatever reason:
(a) if monthly subscription is used:
the Customer shall immediately pay to the Supplier all of the Supplier's outstanding unpaid invoices and interest and, in respect of Services supplied but for which no invoice has been submitted, the Supplier may submit an invoice, which shall be payable immediately on receipt;
(b) any provision of the Contract that expressly or by implication is intended to come into or continue in force on or after termination or expiry of the Contract shall remain in full force and effect; and
(c) termination or expiry of the Contract shall not affect any of the rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination or expiry, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination or expiry.
General
Force majeure. Neither party shall be in breach of the Contract nor liable for delay in performing, or failure to perform, any of its obligations under the Contract if such delay or failure result from events, circumstances or causes beyond its reasonable control.
Assignment and other dealings.
(a) The Customer shall not assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights and obligations under the Contract without the Supplier's prior written consent.
(b) The Supplier may at any time assign, transfer, charge, subcontract, declare a trust over or deal in any other manner with any or all of its rights under the Contract.
Confidentiality.
(a) Each party undertakes that it shall not disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by 11.3.
(b) Each party may disclose the other party's confidential information:
(i) to its employees, officers, representatives, contractors, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, contractors, subcontractors or advisers to whom it discloses the other party's confidential information comply with this 11.3; and
(ii) as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.
(c) Neither party shall use any other party's confidential information for any purpose other than to perform its obligations under the Contract.
Entire agreement.
(a) The Contract constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
(b) Each party acknowledges that in entering into the Contract 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 Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.
Variation. No variation of the Contract shall be effective unless it is in writing and signed by the parties (or their authorised representatives).
Waiver.
(a) A waiver of any right or remedy under the Contract or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.
(b) A failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under the Contract or by law shall prevent or restrict the further exercise of that or any other right or remedy.
Severance. If any provision or part-provision of the Contract is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this 10.7 shall not affect the validity and enforceability of the rest of the Contract.
Notices.
(a) Any notice given to a party under or in connection with the Contract shall be in writing and shall be:
(i) delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office (if a company) or its principal place of business (in any other case); or
(ii) sent by email to the address specified in the Customer’s order.
(b) Any notice or communication shall be deemed to have been received:
(i) if delivered by hand, at the time the notice is left at the proper address;
(ii) if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; or
(iii) if sent by email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this 11.8(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.
(c) This 11.8 does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any arbitration or other method of dispute resolution.
Third party rights.
(a) Unless it expressly states otherwise, the Contract does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Contract.
(b) The rights of the parties to rescind or vary the Contract are not subject to the consent of any other person.
Governing law. The Contract, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation, shall be governed by, and construed in accordance with the law of England and Wales.
Jurisdiction. Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Contract or its subject matter or formation.
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