This states the terms and conditions upon which the Which.Work service (“Service“) is offered by Coderum Ltd. (“Which.Work“). Your use of the Which.Work Website (“Website“) and/or service constitutes your acceptance of all of the terms, conditions, and notices contained herein and in applicable documents.
1. Person accessing and using the Service and Website is hereby referred as User.
2. User may register as Recruiter and/or Referrer. This service is provided free-of-charge for User, who registers and acts as Referrer in any particular Which.Work Campaign. User, who registers and acts as Recruiter in any particular Which.Work Campaign under the Service, may also use the Service for free, but agrees to pay a success fee he has committed to, when another User is hired through the referral within Recruiter’s Which.Work Campaign. Success fee is to be paid in accordance with the related terms, which are subject to change as are related fees by Which.Work. All charges quoted to the User for the provision of the Services are exclusive of any Value Added Tax, for which the User may be additionally liable. User won't be entitled to a refund from Which.Work under any circumstances. Which.Work shall issue a success fee invoice of the amount user committed to when campaign was created and activated, with 14 days payment period to Recruiter, when User is hired (regardless of the terms of the User’s employment contract) with the help of referral through Recruiter’s Which.Work Campaign. Recruiter agrees to inform Which.Work as soon as any hire is done through the efforts of Which.Work Campaign. Such Referrer, whose direct referral resulted in successful hiring is entitled to a 50% of the success fee Which.Work is receiving from the related Recruiter. Such Referrer would need to issue a related success fee invoice to Which.Work, which invoice is payable within 7 days, after Which.Work has received the full success fee payment from the Recruiter in question. Referrer’s success fee is payable in the same currency as Which.Work will receive its success fee from the Recruiter, unless otherwise agreed between Which.Work and Referrer. If required, Referrer agrees to help Which.Work in contacting with the Recruiter in question in order to assist in collection of the success fee. Recruiter agrees that Which.Work has full rights to provide its contacts to such Referrer, who has earned rights to claim his part of the success fee concerning Recruiter’s particular Which.Work Campaign. If any Recruiter’s contacts are provided to any Referrer based on this clause, Referrer receiving such contacts agrees not to share them with any third party and not to make them public, but shall restrict the usage of such contacts only to the purpose of assisting in collection of the success fee in question. Upon successful payment by the Recruiter, Referrer agrees to destroy Recruiter’s contacts.
4. User will keep his password and other access details for use with the Service confidential and restricted to those members of staff who need to know such details and shall ensure all such staff are aware of the confidential nature of such information and treat it accordingly. User shall notify Which.Work immediately if he believes that such information is no longer secret. User is solely responsible for all activities that occur under his password or account and will not permit any person to access the Service for any unauthorised purpose that would constitute a breach of these Terms if such a breach was carried out by the User. Which.Work will not be liable for any loss either direct or indirect that User may incur, or may create, as a result of someone else’s usage of his password or account, either with or without User’s knowledge or assent.
5. User is solely responsible for the content he posts to/through the Service, and the Service acts only as an online referral and advertising platform between Recruiters and Referrers. User agrees that Which.Work has no responsibility and liability whatsoever over any content created and/or imported/exported by User and distributed through Which.Work, including, but not limited to any Which.Work Campaign information, amendments of the campaign, etc. User shall not: (a) use the Service in any way so as to bring the Service or Which.Work into disrepute; (b) use the Service to send unsolicited or unauthorised advertising, promotional material, 'junk mail', 'spam', 'chain letters' or pyramid schemes; (c) use the Service in a manner which is unlawful, harmful, threatening, abusive, harassing, tortious, indecent, obscene, libellous, menacing or invasive; (d) use the Service in a manner which infringes the intellectual property, proprietary or personal rights of any third party, including data subjects. User who post information that go against this purpose will have their postings deleted and their Which.Work accounts may be terminated.
6. User is the data controller in respect of any personal data he provides to the Service and such personal data is not checked or monitored by Which.Work and, accordingly, Which.Work has no liability or responsibility whatsoever howsoever arising directly orindirectly to the User for the accuracy, contents or use of such personal data. User hereby certifies, that when he registers and acts as Recruiter, he will introduce only such personal data to the Which.Work Service, which data he has verified to be opt-in. User hereby certifies, that when he registers and acts as Referrer and participates in any particular Which.Work distributed campaign, he automatically opt-in to the Service, which Service he can opt-out anytime if he so wishes. Which.Work reserves the right to include in any outgoing campaign messages a disclaimer by Which.Work.
7. To the best of the User’s knowledge, User agrees not to knowingly use the Service for any purpose that is unlawful or prohibited and not to knowingly use the Service in any manner which could damage, disable, overburden, or impair the Service or network(s), communications equipment or computer(s) connected to the Service, or interfere with any other party's use and enjoyment of the Service. User shall not knowingly attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through hacking, password mining or any other means, nor shall User knowingly commit an act or omission that facilitates such activity by another person. User agrees not to knowingly disable or bypass any functionality of the Service. User will not knowingly, nor shall User commit an act or omission that knowingly assists another person’s effort to harvest or otherwise collect information about others, including but not limited to User e-mail addresses for spamming or other purposes.
8. Occasionally it may be necessary for Which.Work to temporarily suspend the Service in whole or in part to carry out Service maintenance. Which.Work will inform User about any scheduled maintenance by email, when User is registered as Recruiter. However, Which.Work reserves the right to carry out urgent maintenance or repair work at any time. Services may also be suspended in whole or in part whereas Which.Work or any third party host is obliged to comply with an order, instruction or request of government, a court or other competent administrative authority or an emergency service organisation. Which.Work accepts no responsibility or liability to the User for any direct or indirect loss or damage that may arise under this clause.
9. Whilst Which.Work will use its reasonable endeavours to do so, it cannot guarantee the delivery of emails to any recipient under the Service as it is dependant upon accurate and up to date email addresses, upon suitable Internet availability and connectivity, on various anti spam and junk mail policies adopted by recipient email service providers as well as restrictions regarding the content, wording and graphics of an email. Which.Work makes no representations or warranties whatsoever about the speed or number of emails sent that will be delivered to recipients and accepts no responsibility or liability to the User for any direct or indirect loss or damage that may arise under this clause.
10. User acknowledges and agrees that the Service and any necessary software used in connection with the Service contain proprietary and confidential information that is protected by intellectual property and other applicable laws. Which.Work grants User a limited, personal, non-transferable, non-exclusive license, in object code only, to use the software utilized within the Service. User agrees not to, for the benefit of User or a third party, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, reverse engineer, create derivative works from, build a product using ideas, functions, or graphics similar to, transfer, or sell any information, software, products or services obtained from Which.Work or the Service.
11. WHICH.WORK PROVIDES THE SERVICE “AS IS“ BASIS AND WITHOUT ANY WARRANTY OR CONDITION OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. IN PARTICULAR, WHICH.WORK DOES NOT GUARANTEE UNINTERRUPTED, SECURE OR ERROR-FREE OPERATION OF SERVERS FOR THE SERVICE. IN NO EVENT SHALL WHICH.WORK BE LIABLE FOR LOST PROFITS OR SPECIAL, INCIDENTAL, INTANGIBLE OR CONSEQUENTIAL DAMAGES (INCLUDING BUT NOT LIMITED TO DAMAGES FOR BREACH OF CONTRACT OR WARRANTY OR FOR NEGLIGENCE OR STRICT LIABILITY) ARISING OUT OF OR IN CONNECTION WITH THESE TERMS OR THE SERVICE, EVEN IF WHICH.WORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. USER UNDERSTANDS THAT NOTHING IN THESE TERMS CREATES FOR WHICH.WORK AN OBLIGATION TO OR RIGHT ON BEHALF OF A THIRD PARTY, AND USER SHALL BE SOLELY RESPONSIBLE FOR ANY THIRD PARTY CLAIMS ARISING FROM USER’S USE OF THE SERVICE. USE OF THE SERVICE IS AT USER’S SOLE RISK. ANY MATERIAL RECEIVED THROUGH THE USE OF THE SERVICE IS DONE AT USER’S OWN DISCRETION AND RISK. USER WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE DONE TO USER’S COMPUTER SYSTEM, AND/OR FOR ANY LOSS OF DATA RESULTING FROM THE USE OF THE SERVICE. NO INFORMATION OBTAINED FROM WHICH.WORK OR THROUGH THE SERVICE, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.
12. Under any circumstances Which.Work's total liability in contract, tort (including negligence or breach of statutory duty), misrepresentation, restitution arising in connection with the performance, or contemplated performance, of these Terms shall be limited to total no more than what Which.Work has profited from that particular Which.Work Campaign in question, initiated by Which.Work customer, in respect of any single claim or series of connected claims brought by any party under these Terms.
13. Which.Work reserves the right to refuse access to the Service in its discretion, including, without limitation, if Which.Work believes that User conduct violates applicable law or is harmful to the interests of Which.Work and/or its affiliates.
14. Which.Work may immediately and without notice suspend the provision of Service to the User if User’s account remains inactive for a period of more than 12 months. Which.Work may also suspend any particular Which.Work Campaign that is inactive i.e. such Which.Work Campaign has not been generating any messages to/from Which.Work Service within last 14 days.
15. Which.Work will not be liable by reason of any failure or delay in the performance of its obligations because of events beyond its reasonable control, which may include, without limitation, denial-of-service attacks, strikes, shortages, riots, insurrection, fires, flood, storm, explosions, acts of God, war, terrorism, governmental action, labour conditions, earthquakes, material shortages, extraordinary internet congestion or extraordinary connectivity issues or failure of a third party host, (each a “Force Majeure Event“). Upon the occurrence of a Force Majeure Event, Which.Work will be excused from any further performance of the obligations which are affected by that Force Majeure Event for so long as the event continues.
16. No delay by Which.Work in enforcing the provisions of these Terms shall prejudice or restrict its rights nor shall any waiver of rights operate as a waiver of any subsequent breach.
17. Any kind of usage of the Service by Recruiters and Referrers shall not automatically lead to Contract between Recruiter and Referrer.
18. User may not assign, sub-contract, sub-licence or otherwise transfer any rights or obligations under these Terms or any part thereof without the prior consent in writing by Which.Work.
19. Except where the context requires otherwise, the singular includes the plural and vice versa, a reference to one gender includes all genders, and words denoting persons include firms and corporations and vice versa.
20. If any provision of these Terms shall be invalid, the validity of the remaining provisions of these Terms shall not be affected. User agrees that regardless of any statute or law to the contrary, any claim of action arising out of or related to use of the Service must be filed within one year after such claim or cause of action arose or be forever barred.
You acknowledge that you have the authority to execute these Terms and you further acknowledge that these Terms constitute a valid and legally binding obligation.
Updated: August 1st, 2020.
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