Terms of Use

Introduction

Welcome to Werks! For the purposes of this document and for the avoidance of any confusion Werks and Connected Werks Limited (the legal entity operating as Werks, hereafter referred to as Werks or the “Company”) should be read to be one and the same.

Our Terms & Policies

These Terms of Use, our Privacy Policy and any other policies/guidance we may publish from time to time explain the terms upon which we provide you with access to our Services (as described below) as a User of them or a Visitor to them. Please read these documents carefully before accessing and/or using our Services.

You are entering into a Contract

If you register, sign-up, join or otherwise access or use our Services you are agreeing to enter into a binding contract with the Company. If you do not agree to this agreement do not register, sign-up, join or otherwise use or Visit our Services.

When you register as an employer you are contracting on behalf of the company/organisation that you represent and agree that these terms will be contractually binding upon that organisation. You warrant and represent that you have full capacity and authority to enter into this contract on behalf of that company or organisation.

To terminate your agreement with the Company you should close your account and cease from accessing the Services. You can do this at any time either directly via the Services (where available) or by emailing Hello@itwerks.co.uk .

In certain circumstances you may have signed an Werks SaaS agreement directly with the Company. In such instances these two contracts shall be read together, each as an extension of the other, and where they are inconsistent with one another the Terms of any separate SaaS agreement shall prevail.

The Services

The Werks Services include the Werks website, Werks mobile applications, Werks widget, Werks customer support system, Werks job advertisements wherever they may be (on the internet or otherwise) and all Werks communications via any format (together the “Services”). We reserve the right to change, suspend or end any of the Services at our discretion without notice.

Werks registered users share information about their professional and/or corporate identities. For Users registering as ‘candidates’ this information may include their work and educational histories, their job preferences and other related information. For Users registering as ‘Employers’ this may include information about the organisations they represent and details of any jobs that they are seeking to fill. Together these Candidate and Employer Users are referred to as “Users”.

Users use the Services to engage with their personal and professional networks and with others on the platform, to communicate and share/exchange knowledge and opportunities, to post and view relevant content, and to learn about, access, and apply to business, job, and training opportunities, including the communications necessary to effect these interactions.

Some of the content and data on some of our Services is publicly viewable by people who are not registered users (“Visitors”).

Employer accounts belong to organisations

Where a User registers an Employer account as a representative of a particular organisation such account will remain the property and responsibility of that organisation who will have the right to control access to it and transfer such access as appropriate. For example, if a hiring manager creates an account for a particular establishment and then moves jobs to another organisation, that account remains the property of the organisation in whose name it was registered and access may be transferred to such third person as is determined by the organisation.

Our independence

Werks’ obligations shall be limited only to the provision of the Services and do not in any way include acting on an Employers behalf. Nothing in these Terms is intended to, or shall be deemed to establish any partnership or joint venture between a user and Werks, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party.

Your obligations/warranties

We provide you with access to our Services, provided that you abide by certain rules. There are some things that you should/should not do that we wish to explicitly draw your attention to. Specifically, by agreeing to these terms you warrant that:

  • with regards to your age:
    • If you are registering as a ‘candidate’ that you are at least 16 years old (or, if you are accessing theServices from a country where you legally need to be older in order to access our Services as a candidate without parental consent, then such older age);
    • If you are registering as an ’employer’ that you are at least 18 years old (or, if you are accessing the Services from a country where you legally need to be older in order to access our Services as an employer without parental consent, then such older age);
  • you will only maintain one Werks account, which must display your real name (and, where applicable, the real name of the company you represent);
  • you have not been previously banned from Werks (unless your access has been reinstated);
  • you will use the services in a professional manner;
  • the information you upload to or communicate via the services is accurate, truthful, and up to date (creating an account with false information is a violation of these terms and will result in deletion and possibly the banning of your IP address);
  • you have the right to share any information and content that you upload to the Services and that this content will not violate the law or anybody else’s intellectual property rights;
  • you will comply with all other applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and other regulatory requirements;
  • you will not create a false identity on Werks, misrepresent your identity, create a User profile for anyone other than yourself or use or attempt to use another person’s account;
  • you will not develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or to otherwise copy profiles and other data from the Services;
  • you will not override any security feature or bypass or circumvent any access controls or usage limits of the Services;
  • you will not sell/re-sell or otherwise monetise the Services and related data, including data obtained via the Services without our express consent;
  • you will not copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties unless doing so is consistent with these Terms and our Privacy Policy, and you have obtained our consent;
  • you will not disclose information that you do not have the consent to disclose (such as the confidential information of others);
  • you will not represent yourself to be affiliated with Werks, including as an employee, agent, representative or otherwise, without our express consent;
  • you will not post anything to the Services that contains software viruses, worms, or any other harmful code;
  • you will not interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, DOS attacks, viruses);
  • you will not defame, abuse, harass, stalk, threaten or otherwise violate the legal rights of others, including Werks staff;
  • you will not conduct or forward surveys, contests, pyramid schemes, or chain letters;
  • you will not reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology;
  • you will not use bots or other automated methods to access the Services, to add or download contacts, or to send or redirect messages;
  • you will not publish, post, upload, distribute or disseminate any profane, defamatory, racist bigoted, infringing, obscene or unlawful content;
  • you will not monitor the Services’ availability, performance or functionality for any competitive purpose;
  • you will not advertise or offer to sell any goods or services for any commercial purpose through the Services which are not relevant to the stated purpose of the Services; and
  • you will not “frame,” “mirror,” or otherwise simulate the appearance or function of the Services.

Visibility of information

The information you share

The Werks Services enable Users to share information about job opportunities, training opportunities and company information. Users may also share personal information about their skills, their work, education and related histories, and their employment related preferences. The Services enable the sharing of this and other information in many ways, including via messaging, on User and company profiles, in job listings, via image and video uploads and other means of uploading content in various forms to the site. Information and content that you chose to upload, share or post may be seen by other Users or Visitors to the site, including in places that are off the Services.

Partner job sites

If you list a job on the Werks Services we may, at our discretion distribute that job to a network of partner sites in order to increase its potential reach and chances of attracting applications. If you apply for a job and your data is stored on any of these sites we reserve the right to extract your data and contact you with regards to that application and/or other opportunities that we believe may be interesting to you. Publishing at our discretion.

We are not obligated to publish any information or content on our Service and can remove it at our discretion, with or without notice.

Our Services and our fees

A free service for Candidates

The Services are provided free of charge to Users registered as Candidates.

Employers pay a fee

Users registered as Employers may be required to pay fees (as described on the website or as detailed in direct communications between Employers and the Company) in order to access certain aspects of the Services. These Services may variously include the ability to:

  • create and promote company pages;
  • list jobs on the Services and disseminate them to our partner sites;
  • promote jobs as ‘featured’ listings;
  • receive and screen candidate applications/view their profiles;
  • view matched Users;
  • search the Werks network and invite Users to apply for jobs;
  • access tools that assist in the management and execution of the hiring process (including certain communication features);
  • store candidate information in the form of ‘connections’ in their network;
  • advertise goods/services to our Users on company pages or otherwise;
  • view and communicate with people who have performed social actions (e.g liking, sharing, following) on company pages or jobs, and/or
  • integrate with existing systems (for example applicant tracking systems)

We charge and price at our discretion

The pricing of these features and/or packages thereof shall be determined and charged solely at the discretion of the company. Where any Services are not included in our pre-defined plans such Services may incur charges in addition to the fees, as agreed between the Company and the Employer.

Free trials

Access to the Services (including the features listed above) may be given to Employers on a trial/free basis for a period determined at the Company’s discretion.

The Employer acknowledges and agrees that during such trial access to the Services will be provided at no cost to the Employer. Such access is solely for the purpose of offering the Employer a preview/demonstration of the functionality and features of the Services, which may be limited or restricted at our discretion.

At the completion of the trial period Employers may no longer be able to access certain aspects/features of the Services. In order to reinstate such access and/or to utilise such features the Employer will be required to upgrade to a paid plan and be liable for certain fees/charges.

Subscription payments and pay ‘per listing’ options

There are two ways for employers to pay for access to the Services:

  1. One-off (30 day) access. Employers pay for access to certain Services for a defined period of time (generally 30 days) from the date of purchase. Access to certain featured will be revoked at the expiry of this period, or
  2. Subscription packages. In this instance subscriptions will be either:
    1. Monthly – Employers will have access to the services from such time as they have paid for access. They shall be billed monthly in advance. This payment shall recur and be deducted automatically every month until the Employer unsubscribes from the services. Subscriptions may be cancelled at any point, but will run (and be charged) until the end of the month in which a subscription was terminated.
    2. Annually – Employers subscribing for an annual plan will pay for one year of access to the Services upfront. At the end of this one year period the subscription will auto-renew until cancelled by the employer.

In order to avoid unwanted charges Employers should cancel before the renewal date.

Users of the Services will be liable for any taxes (including VAT, if applicable) required to be paid on the Services.

Other paid for services

In addition to the fees above, certain other Services are charged for. Payment will be charged against the payment details you have input into the Services. Where you have previously made a purchase via the Services your card details may have been stored. In this instance those details will be charged again unless you input new information.

Refunds and credits

Werks reserves the right, at its sole discretion, to refund or provide credits for the services where we deem appropriate.

Invoices

You can obtain copies of VAT invoices for all Services that you have purchased by logging into the services and viewing your billing history.

Third party payments provider

All Werks payments functionality is provided by and processed via Stripe. You can read their full terms and conditions here. By agreeing to these terms you agree to be bound by the Stripe Services Agreement, as may be modified by Stripe from time to time.

Employment related interactions

Where Users utilise the Services for the purposes of finding employment and/or workers/staff/contractors and/or similar designations we stress that Werks is not a party to any relationship (employment or otherwise) developed. The Services merely provide a platform that enables people to connect for various purposes. Users enter into contracts directly with each other in relation to the work/tasks to be performed entirely at their own discretion. Werks and its affiliates are not a party to any contracts created and are not responsible if a User does not do what they promise. In particular Werks and its affiliates are not responsible for any tax liabilities of its Users: each User must make their own arrangements to pay any income tax, national insurance or other relevant taxes due.

Intellectual property rights and rights to content

The Werks name, logos and copyrighted content

Werks reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. Werks and the logo images are registered trademarks of Connected Werks Limited. Any other trademarks, service marks, logos and/or trade names appearing via the Services are the property of their respective owners. You may not copy or use any of these marks, logos or trade names without the express prior written consent of the owner. You are not given any rights in respect of any intellectual property rights owned by Werks or its licensors and you acknowledge that you do not acquire any ownership of, or other rights in relation to, any such intellectual property by downloading anything from the Service.

Werks respects the intellectual property of others and expects Users to do the same. If you believe, in good faith, that any materials provided on or in connection with the Services infringe upon your copyright or other intellectual property rights, please contact us immediately at privacy@itwerks.co.uk and we shall take steps to rectify the situation.

Content and information uploaded to the Services

You own the content and information that you upload or post to the Services. When you upload this content and information you grant Werks and our affiliates a worldwide, non-exclusive, transferable and sub-licensable right to use, copy, modify, distribute, publish, and process it, without any further consent, notice and/or compensation to you or others, including in any of our marketing materials or communications. We also reserve the right to utilise the name of Employers registered on the Services in such communications.

You can revoke this right by deleting such content or information from the Services or by closing your account, except to the extent that you shared it with others in the course of your use of the Services and they copied, re-shared it or stored it. Please note that if you remove it or delete your account it may take some time for us to remove your content or information from our systems.

Enriching user profiles

Werks may enrich Users’ profiles by utilising third party services to access public information online or otherwise, including any account which you may have utilised to sign up to Werks . Where you have uploaded a CV we will automatically summarise the information contained therein, which will populate your bio. You are free to edit this at any time. We do not vet or verify the accuracy, correctness and/or completeness of such data used to enhance User profiles and no guarantee is given that any enhancements to Profiles will be error free or ultimately achieve any enhancement to the Profile.

Our right to edit and modify your content

We reserve the right to edit your content at our discretion, including translating, converting or modifying images and videos; making edits to text in order to improve its legibility or appearance and in order to ensure the integrity and appropriate use of our Services. We shall, however, at all times endeavour to maintain the meaning/spirit of your content.

Data storage

We are not obliged to share (and may not store) any copies of content or information except to the extent required by law as is noted in our Privacy Policy.

Personal data

All content that is uploaded to the services that constitutes personal data shall be subject to the terms of our Privacy Policy.

Our Services only provide a platform

Inaccurate or misleading information

Werks generally does not take part in the interactions between Users on the Services and cannot review all such interactions, content or information on the Services. As a result you may encounter information or content that is inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. We are not able to provide assurances about the validity, suitability, reliability, timeliness, or accuracy of any information provided by Users on the Services whether in public, private, or offline interactions. In particular, Werks does not verify Candidates’ educational qualifications, prior work history or other claims that they may make about their skills and experience on the site. When interacting with other Users on the Services or in real life you should exercise caution and common sense to protect your personal safety and property. Whilst we try to, we cannot at all times ensure that the Services are not abused or used for purposes that they are not intended for (and where possible/appropriate we reserve the right to take appropriate action in order to ensure compliance with these terms and to preserve the integrity of the services), you agree that we are not responsible for any such misuse of the Services.

Release

Werks is not involved in any contracts entered into between Users and/or Visitors , therefore, if you have a dispute with one or more Users and/or Visitors you release Werks from any and all claims, liabilities and losses of every kind and nature, known and unknown in any way connected with such dispute. Werks expressly disclaims any liability that may arise.

Your password and account security

While certain parts of the Services are accessible by everyone, in order to use the Services fully you must register and create an account on the platform. You are responsible for maintaining the confidentiality of your log-in and password details. You should choose a password that is strong and secure. You are solely and fully responsible for all activities that occur under your password or account, even if not authorised by you. Werks has no control over the use of any User’s account and expressly disclaims any liability derived therefrom. Should you suspect that any unauthorised party may be using your password or account or you suspect any other breach of security in respect of your account, you must contact Werks immediately and change your password without delay.

Contacting you

By providing your phone number and email address and using the Services, you give us permission to contact you at our discretion in order to enhance your or any other Users experience of the Services, including but not limited to prompting you to take particular actions, to obtain/provide feedback from/to you and to provide you with any notices we deem appropriate. You must keep your contact information up to date.

Accessing your account

Werks reserves the right, where deemed necessary, to access your account in order to modify any information determined not to be in line with these terms or in the spirit of the service. This may include but is not limited to editing contact numbers and addresses intended to remove users from the Services and altering inappropriate profile pictures. From time to time it may be necessary for company representatives to access User’s accounts in order to enhance their experience of the services. The purpose of this may include but is not limited to altering the format of job posts, correcting spelling errors, inputting omitted information and/or sending messages on your behalf. Communications between users via Chat may also be monitored in order to provide oversight.

Termination/suspension of your account and limitation of access

We may terminate or suspend your right to access the Services and/or delete your account at any time if, in our opinion, you have failed to comply with any provision of this Agreement, if any information you have input/uploaded to the services turns out to be false, or if we believe it is necessary to do so in order to protect other Users and/or for the security of the Services. We will endeavour to provide you with notice of such action ahead of time.

We reserve the right to limit your usage of and/or access to the Services if we believe that you are abusing the services, if your actions are detrimental to our commercial interests, or if we believe that doing so will be to the benefit of the other Users of the Services. This may include limiting the number of applicants you receive per job, limiting the number of connections you are able to make, limiting your ability to contact other Users and any other such interventions as we deem appropriate.

If Werks limits, terminates, or suspends your account for any reason, you are prohibited from registering and creating a new account under your name, a fake or borrowed name, or the name of any third party, even if you may be acting on behalf of the third party. In addition to terminating or suspending your account, Werks reserves the right to take appropriate legal action. If your account has been terminated/suspended and you believe that this has been done in error or you would like to make representations as to why your access should be reinstated please write to hello@itwerks.co.uk

Links to Other Websites / Third Party Accounts

Links to other sites

Links (such as hyperlinks) from the Services to other third-party websites not operated by Werks do not constitute an endorsement by Werks of those websites, their content or their operators. Such links are provided as an information service, for reference and convenience only. Werks does not control any such websites, and is not responsible for any content contained on such website. It is your responsibility to independently evaluate the content and usefulness of the information obtained from other websites. The use of any website controlled, owned or operated by third parties is governed by the policies of those websites, and not by Werks Terms of Use or Privacy Policy. You access such third-party websites at your own risk. Werks expressly disclaims any liability arising in connection with your use and/or viewing of any websites or other material associated with third-party links that may appear on the Service.

Third-party service providers

As part of the functionality of the Service, you may link your account with online accounts you may have with third-party service providers, for example Facebook, LinkedIn, Twitter, and Google by providing your login information to Werks through the Services. You warrant that you are entitled to disclose the login information for that account to us and/or to grant us access to your account without breach by you of any of the terms and/or policies that govern your use of the applicable account and without obligating Werks to pay any fees or making Werks subject to any usage limitations imposed by such third-party service providers. By granting Werks access you understand that Werks may access, make available and store any content that you have provided to and stored in your Third-Party Account so that it is available on and through the Services, including without limitation any friend or contact lists, and that Werks may submit and receive additional information to your Third-Party Account so long as you are notified of this when you link your account with the Third-Party Account. Unless otherwise specified in this agreement any content obtained from these accounts shall be considered to be User generated content. Please note that if a Third-Party Account or associated service becomes unavailable or Werks access to such Third-Party Account is terminated by the third-party service provider, then your content may no longer be available on Services.

Confidential Information

You acknowledge that Confidential Information (as hereinafter defined) is a valuable, special and unique asset of Werks and agree that you will not disclose, transfer, use (or seek to induce others to disclose, transfer or use) any Confidential Information for any purpose other than disclosure to your authorised employees and agents who are bound to maintain the confidentiality of any Confidential Information. You shall promptly notify Werks in writing of any circumstances that may constitute unauthorised disclosure, transfer, or use of Confidential Information. You shall use best efforts to protect Confidential Information from unauthorised disclosure, transfer or use. You shall return all originals and any copies of any and all materials containing Confidential Information to Werks upon termination of this Agreement for any reason whatsoever.

The term “Confidential Information” shall mean any and all of Werks trade secrets, confidential and proprietary information and all other information and data of Werks that is not generally known to the public or other third parties who could derive value, economic or otherwise, from its use or disclosure. Confidential Information shall be deemed to include technical data, know-how, research, product plans, products, services, customers, markets, software, developments, inventions, processes, formulas, technology, designs, drawings, engineering, hardware configuration information, marketing, finances or other business information disclosed directly or indirectly in writing, orally or by drawings or observation.

Disclaimer of Warranties and Exclusion of Liability

TO THE EXTENT ALLOWED UNDER LAW, Werks AND ITS AFFILIATES (AND THOSE THAT Werks WORKS WITH TO PROVIDE THE SERVICES) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS INCLUDING WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON-INFRINGEMENT. WE DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS. WE PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.

TO THE EXTENT PERMITTED UNDER LAW Werks , ITS DIRECTORS, OFFICERS, AGENTS, SUBSIDIARIES, PARTNERS AND ITS AFFILIATES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES AND YOUR USAGE OF THEM, INCLUDING BUT NOT LIMITED TO OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT.

THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE AGREEMENT BETWEEN YOU AND Werks AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Werks OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.

Governing Law and Disputes

These Terms of Use and your use of the Services shall be governed by English law. You agree that any dispute between you and us regarding these Terms of Service or the Services will only be dealt with by the English courts, provided that, if you live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our interests and/or intellectual property rights before any competent court.

General Provisions

This Agreement constitutes the entire agreement between you and Werks with respect to its subject matter. If any provision of this Agreement is found to be invalid or unenforceable such provision shall be modified in order to be enforceable while still achieving its intent. The remaining provisions will be enforced to the fullest extent possible, and will remain in full force and effect.

Failure by Werks to enforce any provision(s) of this Agreement will not be construed as a waiver of any provision or right.

You may not assign or transfer this Contract to anyone without our consent. You hereby agree that Werks may assign this Agreement to its affiliates or a party that buys it, without your consent. There are no third-party beneficiaries to this Agreement.

Modifications to these Terms

The Company reserves the right to modify these Terms from time to time or as required. In the event of material changes users will be notified through the Services, or by other means, giving you the opportunity to review any changes. If you object to such changes you may close your account and terminate your usage of the Services.

You acknowledge that your continued use of our Services after we publish or send a notice about our changes to these Terms means that your continued use of the Services is subject to the updated Terms. We encourage you to review these Terms periodically. If you do not understand any aspect of them please write to us for clarification at privacy@itwerks.co.uk

Contacting us

If you have any questions about these Terms of Use or about our Privacy policy please contact us by email at privacy@itwerks.co.uk