Emploi Business Terms of Use

Welcome to Emploi

The Platform that provided an introduction of thousands of potential Specialists to hundreds of thousands of potential clients for a wide range of services!

In order to achieve the best results, You (an Employer) will provide a description of the task, assignment or work required for completion (“Task”), while the Emploi Platform will provide a list of Specialists who fits the description of the Task. Specialists will then contact you to enquire about the Task and possibly arrange any further steps.

Before you can contact potential Employers, You (a Specialist) will have to complete a profile and deposit money into your profile (unless a special promotion is taking place). The exact deposit amount is based on the Plan you decide to purchase. The information you provided will only be seen by those potential Employers that you choose to contact.

General
1. These Terms of Use (“Terms of Use”), together with any documents, policies, or terms they incorporate by reference (collectively, the “Terms”) are entered into by and between you and Emploi Ltd, a company registered in England with registration number 014331367 (“Emploi”, “we”, “our” or “us”). For purposes of these Terms, “you” includes, individually and collectively, any individual you (the user or the user’s entity or organisation) permit to visit, view, use, or access the Platform under your Plan, or otherwise engages our Platform or Website, whether as an Employer or as a Specialist. To the extent that you have entered into another written agreement with Emploi that contains terms that directly conﬂict with any of these Terms, then the terms set forth in such other agreement will prevail.
2. You acknowledge and agree that by (i) visiting, viewing, using, or accessing the Website or the Platform, (ii) clicking “Agree”, “Purchase”, “Submit”, or similar links, or (iii) signing or conﬁrming a sales order or other agreement incorporating these Terms, that you have read, understand, and agree to be bound by these Terms, irrespective of whether you are a guest or a registered user of the Platform. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU MAY NOT ACCESS OR USE THE WEBSITE OR PLATFORM.
3. As Emploi is strictly the owner and operator of the Website and Platform, it does not accept any liability or responsibility of any kind for services provided by any Specialist to any Employer, and by using the Platform YOU EXPRESSLY CONSENT TO OUR NO-WARRANTY AND NO-LIABILITY SECTION IN THAT REGARD (SECTION 14).
Defenitions
PRIVACY POLICY
1. Your privacy is important to us, and we are committed to protecting your personal information. Any personal information submitted in connection with your use of the Website and Platform is subject to our privacy policy found at the “Privacy Policy”, which is hereby incorporated by reference.
2. We will use information about you that we obtain either directly from you or that we obtain by nature of your use of the Website or Platform in accordance with our Privacy Policy solely in furtherance of providing services to you and improving the Website and Platform.
PLATFORM ACCESS AND ACCOUNT REGISTRATION
1. To access the Platform, whether as an Employer or as a Specialist, you may be asked to provide certain information to help us create and maintain an Emploi account for you. As such, it is a condition of your use of the Platform that all information you provide is correct, current, and complete. You agree that all information you provide is governed by our Privacy Policy and you consent to all actions we take with respect to your information consistent with our Privacy Policy.
2. Except as expressly provided herein, you may not transfer your account to any other person, and you may not use anyone else’s account at any time. In cases where you have nevertheless authorised or registered another person to use your account or Plan (if you are a Specialist), or where you have acted negligently in safeguarding your account as set forth above, you agree you are fully responsible for (i) the acts and omissions of such person or persons accessing the Platform via your account, (ii) controlling the person’s access to and use of the Platform, and (iii) the consequences of any use or misuse by such person(s).
3. If you are visiting our Website without registering to the Platform, you will not need to registered to an account and will not be requested to provide personal information for that use. You do, however, agree to be bound by these Terms where they apply to you as a visitor to the Website, including the application of our Privacy Policy as we may still collect and process some information about you.
EMPLOI SUBSCRIPTION PLANS
1. Specialist Plans. As a Specialist registered to our Platform, you will be able to choose from different plans that we offer for purchase, each plan includes different features and prices as set forth on our Plans gage (each, a “Plan”). Emploi grants you access to the Platform for as long as your Plan is active (the “Term”). If may always purchase new Plans or renew your current Plan (at the then-prevailing terms) and the Term will be renewed or extended accordingly.
2. No Guarantee of Work. Emploi does not guarantee that you, as a Specialist, will receive any work or be engaged by any Employers as a result of using the Platform. We have no control over the Tasks placed on the Platform or the identity of the Specialist selected by the Employer (if any). When you purchase a Plan you understand and agree that you may not use all of the features that are included in the Plan due to forces outside our control, including, but not limited to, insufficient Tasks in the area where you provide your services, or simply not being selected by potential Employers. No refunds will be given for unused Plans or Plan features.
PAYMENT
1. Payment. Access to the Platform is expressly conditioned on timely payment of the then-applicable fee(s) in advance for your Plan in the amount set forth during online checkout. We reserve the right to increase or decrease any fee at any time; however, to the extent you have paid your fee(s) in advance, the increase or decrease will not become effective for your Plan or service until the end of your current Term.
2. Payment Method. y registering for, subscribing to, or purchasing a Plan and providing billing information, you grant us and our authorised third-party payment processor(s) the right to process payment using the debit card, credit card, bank information, third-party payment provider, or reseller you provide, authorise, or maintain on your account (individually, and collectively, “Payment Method”). If hereby acknowledged that we are currently using ‘Stripe’ as our main payment processing Specialist, and you warrant and represent to be bound by Stripe’s privacy policy and terms and conditions when providing us with your payment details.
3. Editing Your Payment Method. If using online checkout, you may edit your payment method information by visiting our website and clicking on the “Account” link, available on your dashboard. If payment is not successfully settled, due to expiration, insufﬁcient funds, or otherwise, and you do not edit your payment method information or have not provided proper notice of cancellation of your account (see Cancellation Policy in section 12.3 below), you remain responsible for any uncollected amounts and authorise us to continue billing the payment method, as it may be updated. This may result in a change to your payment billing dates. We may update your payment method with the information provided by the applicable payment service provider, and you authorise us to continue to charge the applicable fee to the updated payment method. Check with your payment method service provider for more details.
  When you provide or add any form of payment method to your account, your bank may reserve the funds necessary or place a small authorisation hold until the transaction processes or the authorisation hold expires, but this is not the actual charge. The authorisation will be removed from your account according to the policies of your bank; and as such, to remove an authorisation, please contact your bank to clarify how long they hold authorisations for online orders.
4. Chargebacks. If you ﬁle a chargeback disputing charges made to Payment Method by Emploi and the chargeback is granted, your account will be deactivated.
5. Taxes. Payment is exclusive of taxes. You are responsible for any applicable sales, use, value-added, or excise taxes, and any other similar taxes, duties or charges of any kind, other than taxes on Emploi’s income, imposed by any state or local governmental entity on any amounts payable by you under these Terms of Use whether or not such taxes are collected by Emploi. When processing your Payment Method or invoicing, we may include a separate charge for such taxes and will remit taxes collected, if any, to the appropriate taxing authority.
PROPRIETARY MATERIALS
1. Use of Emploi’s Proprietary Materials. The Website and Platform contain copyrighted materials, trademarks, proprietary and conﬁdential information, and intellectual property of Emploi and licensors of Emploi (collectively, “Proprietary Materials”), including without limitation source code, video, text, software, photos, graphics, images, music, and sound. You agree not to modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, in whole or in part, any Proprietary Materials. Some Proprietary Materials may only be accessed through the Platform, and not by or from any other site or means.
  The right of access to the Platform or visit the Website does not grant you any right to download or store any Proprietary Materials in any medium, other than (i) that downloadable content that may be provided in connection with your Plan, and ﬁles that are automatically cached by your web browser for display purposes, and (iii) if we provide desktop, mobile, or other applications for download, a single copy of such application for your computer or mobile device solely for your own, personal use, provided you agree to be bound by these Terms and the end user license agreement below (collectively, the “Authorised Downloadable Materials”). Authorised Downloadable Materials are held by you pursuant to a limited revocable licence only, and are subject to all restrictions described herein, including the prohibition on further transfer, sale, creation of derivative works, or exploitation in any manner.
2. End-user License Agreement. Emploi grants to you a non-exclusive licence for the use and installation of the Authorised Downloadable Materials subject to all the terms and conditions as set forth in the Terms. This licence governs any and all software upgrades or additional features provided by Emploi that would replace or supplement the original version of the Authorised Downloadable Materials, unless those other upgrades or features are covered under a separate licence, in which case those terms govern.
3. Reservation of Rights. Emploi reserves all intellectual property rights to the Proprietary Materials, other than as speciﬁcally granted under the applicable license granted you under these Terms. No posting, copying, transmission, retransmission, distribution, redistribution, publication, republication, decompilation, disassembling, reverse engineering, or otherwise reproducing, storing, transmitting, modifying, or commercially exploiting any Proprietary Materials in any form or by any means, for any purpose, is permitted without our express written permission.
4. Emploi Copyright and Marks. The entire Website and Platform are protected by copyright. Complying with all applicable copyright laws is your responsibility. “Emploi” and other Emploi marks and logos are service marks and trademarks of Emploi.
5. Third-Party Marks. Other trademarks, service marks and logos used on the Website or Platform are the trademarks, service marks or logos of their respective owners. Emploi is using these third-party trademarks, service marks or logos with the permission of the trademark owner or for identiﬁcation purposes only.
6. Violation of Copyright or Intellectual Property Laws. We respect the intellectual property of others, and we ask our users to do the same. We may, in appropriate circumstances and at our sole discretion, remove or disable access to any materials on the Website or the Platform that we believe (or are notiﬁed) may infringe on the rights of others. If you believe that your work has been copied in a way that constitutes copyright infringement or otherwise infringes on your intellectual property rights, please report it to us promptly.
CONFIDENTIALITY
1. Conﬁdential Information. “Conﬁdential Information” means all information which is disclosed to or obtained by one party (whether directly or indirectly) from the other, including the Proprietary Materials, and all information relating to that other’s business, operations, systems, processes, products, trade secrets, know-how, contracts, ﬁnances, plans, strategies or current, former or prospective clients, customers, partners or Specialists (together with copies made of any of the above) whether or not such information is marked as being conﬁdential, but excluding information which: (i) is available to the public other than because of any breach of these Terms; (ii) is, when it is supplied, already known to whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; (iii) is independently obtained by whoever it is disclosed to in circumstances in which they are not prevented from disclosing it to others; (iv) is developed independently of and without reference to any Conﬁdential Information provided; or (v) is authorised for disclosure by the disclosing party.
2. Use of Conﬁdential Information. The party receiving Conﬁdential Information agrees to use the other’s Conﬁdential Information only for the purpose of performing its obligations under these Terms and share it only with that party’s employees and advisors who have a ‘need to know’.
3. Disclosure to Authorities. The recipient of Confidential Information may disclose it pursuant a court order or following the request of a governmental entity, provided that that party will notify the disclosing party (to the extent permissible) of the order or request and assist the disclosing party, at disclosing party’s expense and to the extent permissible, to mitigate the disclosure.
USER CONTENT
1. User Content. The Platform may provide you with the ability to upload, post, submit, publish, or transmit information to the Platform, other users, or to third parties (“User Content”). Unless otherwise noted, all User Content you submit to the Platform, to third parties, or that is otherwise made available to Emploi will be considered conﬁdential and proprietary and will be made available only to individuals or third parties that you authorise to access it via the Platform or other means of transmission.
  To the extent that you provide any User Content, you represent and warrant that (a) you have all necessary rights, licenses and/or clearances to provide such User Content as provided above, such User Content is accurate and reasonably complete, (c) as between you and Emploi, you are responsible for the payment of third-party fees, if any, related to the provision and use of such User Content, (d) such User Content does not and will not infringe or misappropriate any third-party rights or constitute a fraudulent statement or misrepresentation or unfair business practices, (e) you are responsible for any User Content you upload or provide to the Platform and for complying with applicable laws relating thereto, including export control regulations, and (f) you agree to comply with all applicable rules regarding online conduct and acceptable content we may post on the Website or Platform from time to time.
  User Content that is submitted within certain areas of the Platform, such publicly-available channels, message boards, social media or blog posts, will be considered non-conﬁdential and non-proprietary, and by so doing, you hereby grant us and our afﬁliates and service providers, and each other and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material.
  Emploi takes no responsibility and assumes no liability for any User Content that you or any other user or third-party posts or submits. You understand, acknowledge and agree that you may be exposed to User Content that is inaccurate, objectionable, inappropriate for children or otherwise unsuited to your purpose and you agree that Emploi shall not be liable for any damages you allege to incur from User Content. Any use of or reliance on User Content or other information available within the publicly available channels, message boards or blog posts is solely at your own risk. Emploi does not guarantee the completeness, truthfulness, accuracy or reliability of any User Content or communications made available through the publicly available channels, message boards or blog posts.
2. Monitoring and Enforcement. We have the right to: remove or refuse to post any User Content for any or no reason in our sole discretion; take any action with respect to any User Content that we deem necessary or appropriate in our sole discretion, including if we believe that such User Content violates these Terms, infringes any intellectual property right or other right of any person or entity, threatens the personal safety of users of the Platform or the public, or could create risk or liability for Emploi or others; disclose your identity or other information about you to any third party who claims that material posted by you violates their rights, including their intellectual property rights or their right to privacy; take appropriate legal action, including without limitation referral to law enforcement for any illegal or unauthorised use of the Platform; and terminate or suspend your access to all or part of the Platform for any violation of these Terms.
  Notwithstanding anything to the contrary, we have no obligation to review any User Content or materials before they are posted on the Platform, and we cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, and we have no liability or responsibility to anyone for performance or nonperformance of the activities described in this Section.
3. Feedback. We welcome and encourage you to provide feedback, comments, and suggestions for improvements to the Website or the Platform. You acknowledge and agree that any and all feedback provided by way of the Website, the Platform or otherwise will be the sole and exclusive property of Emploi, and you hereby irrevocably assign to Emploi and agree to irrevocably assign to Emploi all of your right, title, and interest in and to all feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein. At our request and expense, you will execute documents and take such further acts as we may reasonably request to assist Emploi to acquire, perfect, and maintain its intellectual property rights and other legal protections for the feedback.
USER OBLIGATIONS AND RESTRICTIONS
1. Obligations. You acknowledge and agree that you will: comply with all applicable state, local, or international law or regulations (including without limitation any laws regarding copyright, intellectual property, privacy and personal identity); provide true and accurate information to us and keep it updated; only post or otherwise provide information that you are comfortable sharing; use all portions on the Website and Platform in a respectful manner; and exit from your account at the end of each session or use of the Platform.
2. Restrictions. You acknowledge and agree that you will not:
  1. reproduce, redistribute, transmit, assign, sell, broadcast, rent, share, lend, modify, adapt, edit, create derivative works of, license, capture, download, save, upload, print, or otherwise transfer or retain information or content available on the Website or Platform other than with regard to Authorised Downloadable Materials, subject to the limited permissions set forth herein;
  2. manually or systematically harvest, scrape, collect or otherwise extract information or data contained on the Website or Platform, other than permitted use of Authorised Downloadable Materials or temporary storage of materials for ofﬂine viewing;
  3. permit or provide others access to the Platform (other than your authorised users);
  4. impersonate or attempt to impersonate Emploi, a Emploi employee, another user, or any other person or entity (including without limitation by using e-mail addresses or account information associated with any of the foregoing) or provide incorrect or knowingly false information;
  5. remove or modify any copyright, trademark, legal notices, or other proprietary notations from the Proprietary Materials or any other content available on the Platform; violate or attempt to violate the Website’s or Platform’s security mechanisms, attempt to gain unauthorised access to the Platform or assist others to do so, or otherwise breach the security of the Website or Platform or corrupt the Website or Platform in any way;
  6. co-brand or frame the Website or Platform or establish a link in such a way as to suggest any form or association, approval, or endorsement on our part, without the prior express written permission of an authorised representative of Emploi;
  7. use any portion of the Website or Platform to aid in transmitting, or procure the sending of, any advertising or promotional material, including any “junk mail”, “chain letter”, or “spam” or any other similar solicitation;
  8. post to any portion of the Website or Platform, or ask to provide or receive services that are illegal, inappropriate, offensive, violent, threatening, racist, hateful, sexist, pornographic, false, misleading, infringing, defamatory, or libelous content or otherwise engage in conduct that results in the targeted or systematic harassment, bullying or shaming of others including the promotion or encouragement of suicide or self-harm;
  9. without derogating from the generality of the foregoing, post to any portion of the Website or Platform, or ask to provide or receive services that include or relate to alcohol, drugs, sexual activities, or tobacco;
  10. use the Website or Platform or their contents (including User Content) to recruit, solicit, or contact in any form other users or potential users for employment or contracting for a business not afﬁliated with us without the prior express written permission of an authorised representative of Emploi;
  11. use or attempt to use the Website or Platform to store or transmit software viruses, worms, time bombs, Trojan horses, or any other computer code, ﬁles, or programs designed to interrupt, destroy, or limit the functionality of any computer software, hardware, or telecommunications equipment or that are designed to collect or harvest personally identiﬁable information or other data;
  12. use the Website or Platform for the promotion or publicising of any criminal or illegal activity; engage in any conduct that restricts or inhibits anyone’s use or enjoyment of the Website or Platform, or which, as determined by us, may harm us or users of the Platform or expose them to liability; and/or
  13. use the Website or Platform in any manner that could disable, overburden, damage, or impair the Website or Platform, interfere with any other party’s use of the Website or Platform (including their ability to engage in real time activities through the Platform), or otherwise attempt to interfere with the proper working of the Platform.
3. Restricted Use of Platform. We reserve the right to monitor use of the Platform and to suspend, revoke, deny, disable, or terminate your access or the access of any of your users if you or they violate any provisions of these Terms or if your or their usage behavior exceeds reasonable limits, as determined in our sole discretion.
REPRESENTATION, WARRANTIES, AND COVENANTS
1. Your Representations and Warranties. You represent and warrant that:
  1. You are over the age of 18 as all portions of the Platform are intended for only individuals over 18. If you are under 18 years of age, you may not register for an account or otherwise use the Platform;
  2. You reside in Greater London, UK or the Task wish to provide or receive is located in Greater London, UK;
  3. You are not a person barred from accessing or using the Platform, providing services (if you are a Specialist) or receiving services (if you are an Employer) under the laws of any applicable jurisdictions;
  4. You hold all required licences, authorisations, permits and consents to either provide the services (if you are a Specialist) or receive the services (if you are an Employer);
  5. You are authorised to accept these Terms on behalf of the company, organisation, government, or any other legal entity that you represent;
  6. All information that you provide to the Platform is complete and accurate in all respects; and
  7. You are solely responsible for all service, telephony, data charges, and other fees and costs associated with your access to and use of the Platform, including without limitation maintaining all internet, browser software and extensions, computer hardware, telephone, and other equipment required for such access.
2. Additional Specialists Representations. If you are a Specialist registered to our Platform, you also represent and warrant that:
  1. You acknowledge and represent that you are responsible for the timely and duly provision of services and their quality, and by entering into a contract with an Employer, you assume all liability;
  2. You are operating as a sole proprietor, partnership, limited liability company, limited liability partnership, corporation or other business entity recognised in the UK;
  3. You are customarily engaged in an independently established business of the same nature as the services offered by you through the Platform, and you maintain an independent clientele outside of the Platform;
  4. You have the unrestricted right to work in the jurisdiction in which you will be performing Tasks;
  5. If the Task is performed in a jurisdiction that requires you to have a business licence or business tax registration, you have the required business licence or business tax registration;
  6. You are responsible for identifying and obtaining any required licences, permits, or registrations before offering services and undertaking Tasks;
  7. You are responsible for identifying and obtaining any and all insurance required to operate your business and provide your services;
  8. You will honour your commitments to other users of the Platform, including by responding to invitations promptly, performing the Task(s) as agreed upon with your Employer, and and providing timely, high-quality services to your Employers;
  9. You will only offer and provide services for which you have the necessary skills and expertise, and provide those services safely and in accordance with all applicable laws; and
  10. You will indemnify us and keep us harmless from and against any damages (including legal expenses) we might incur in connection with any claim that may be brought against us from the Employer in connection with services provided by you or any arrangement or contract you have with an Employer.
3. Authority. You and Emploi each represent, warrant, and covenant that it has the full power and authority to: (i) enter into an agreement subject to these Terms; (ii) perform its obligations hereunder, and that its performance hereunder does not conﬂict with, limit, or be contrary to any other agreement; (iii) and that by so doing, it does not violate any applicable laws or any contractual relationship.
4. Obligations.
5. Emploi Intellectual Property. We represent, warrant, and covenant that: (i) we have and will have all rights, titles, licenses, intellectual property, permissions and approvals necessary in connection with our performance under these Terms to grant you rights granted hereunder; and (ii) neither the Website, the Platform (including the Proprietary Materials), nor the provision or utilisation thereof as contemplated under these Terms, will infringe, violate, trespass or in any manner contravene or breach or constitute the unauthorised use or misappropriation of any intellectual property of any third party.
6. Reliance and Functionality. Emploi does not warrant that the content or functions of the Website or the Platform will meet your requirements or that the operation of the Website or the Platform will be uninterrupted or error-free. The content and materials presented on or through the Website and Platform are made available solely for general information purposes. We do not warrant the accuracy, completeness, or usefulness of this information. Any reliance you place on such information is strictly at your own risk. We disclaim all liability and responsibility arising from or related to any reliance placed on our materials by you, your users, or any other visitor to the Platform, or by anyone who may be informed of any of its contents. The Website and Platform may include content provided by third parties, including materials provided by other users, bloggers, or third-party licensors, syndicators, aggregators, and reporting services. All statements and opinions expressed in these materials, and all articles and responses to questions and other content, other than the content provided by Emploi, are solely the opinions and the responsibility of the person or entity providing those materials. These materials do not necessarily reﬂect the opinion of Emploi. We are not responsible or liable to you or any third party, for the content or accuracy of any materials provided by any third parties, and use of any services provided by third parties is subject to their policies and at your own risk.
7. Availability of Platform. You recognize that the trafﬁc of data through the Internet may cause delays during your use of or access to the Website or the Platform, and accordingly, you agree not to hold us liable for delays that are ordinary in the course of Internet use. You further acknowledge and accept that the Website and Platform may not be available on a continual 24-hour basis due to such delays, delays caused by our upgrading, modiﬁcation, or standard maintenance of the Website or Platform, or any other delays outside of our control.
8. Non-Emploi Products. If you install or enable Non-Emploi Products for use with Platform, you acknowledge that providers of those Non-Emploi Products may have access to User Content in connection with the interoperation of the Platform. Emploi will not be responsible for any use, disclosure, modiﬁcation, or deletion of User Content while accessed or transmitted through such Non-Emploi Products.
TERMINATION; CANCELLATION POLICY
1. Emploi’s Rights of Termination. You agree that we may suspend or deactivate your account or terminate your Plan if we believe that you have (a) breached these Terms; (b) infringed the intellectual property rights of a third party; (c) posted, uploaded or transmitted unauthorised User Content; or (d) violated or acted inconsistently with these Terms, our Privacy Policy, or any other applicable policies. You agree that any such suspension, deactivation or termination for the foregoing reasons may be affected without prior notice to you and that Emploi will not be liable to you or any third party for any deactivation of your account or termination of your Plan.
2. Termination for Cause. Either you or Emploi may terminate the Plan prior to its expiration if the other party breaches these Terms and fails to cure said breach within thirty (30) days after receipt of written notice thereof. Except for instances arising from Emploi’s uncured breach, all fees or charges related to your Plan are non-refundable and all unpaid fees are due and payable immediately upon termination
3. No Refunds. Refunds will not be given if you cancel your Plan or delete your account prior to the end of your Term
4. Data Retention. You acknowledge and agree that Emploi may retain and store your information on Emploi’s systems for archival purposes notwithstanding any termination or cancellation of your account or Plan, subject to applicable laws.
INDEMNIFICATION
1. Indemniﬁcation. You agree to defend, indemnify and hold harmless Emploi, its directors, employees, licensors, independent contractors, providers, subsidiaries, and afﬁliates, and its and their respective ofﬁcers, directors, employees, contractors, agents, licensors, successors and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees (including reasonable attorneys’ fees) (hereinafter, “Claims”) arising out of or relating to : (i) your violation of these Terms; (ii) any information you post to the Website or Platform; (iii) any use by you of the Website or Platform’s material, content, services, or products other than as expressly authorised in these Terms; or (iv) your use of any information obtained from the Website or Platform.
2. Indemniﬁcation Procedure. You agree to cooperate as fully as reasonably required in the defense of any Claims, including asserting any available defenses. We reserve the right, at our own expense, to assume the exclusive defense and control of any Claims or matter otherwise subject to indemniﬁcation by you and you may not in any event settle any Claims without our prior written consent.
NO WARRANTY; LIMITATIONS ON LIABILITY
1. No Warranty. EXCEPT FOR THOSE WARRANTIES OUTLINED HEREIN, THE WEBSITE AND PLATFORM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESSED OR IMPLIED. NEITHER EMPLOI NOR ANY PERSON OR ENTITY ASSOCIATED WITH EMPLOI MAKES ANY PROMISE, WARRANTY, OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE AND PLATFORM. WITHOUT LIMITING THE FOREGOING, NEITHER EMPLOI NOR ANY PERSON OR ENTITY ASSOCIATED WITH EMPLOI PROMISES, REPRESENTS OR WARRANTS THAT THE WEBSITE OR PLATFORM OR CONTENT OBTAINED THROUGH THE EITHER OF THEM OR ANY PORTION THEREOF WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT THE WEBSITE, PLATFORM OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS, OR THAT THE WEBSITE, PLATFORM OR THEIR CONTENT OR MATERIALS WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS. EMPLOI HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON- INFRINGEMENT, AND FITNESS FOR A PARTICULAR PURPOSE.
2. No Liability for Performed Tasks, Non-Performance or Arrangements. EMPLOI IS STRICTLY THE PROVIDER OF A PLATFORM TO ENABLE SPECIALISTS AND EMPLOYERS TO COMMUNICATE AND OFFER TO RECEIVE, OF PERFORM, DIFFERENT TASKS. IN ADDITION, EMPLOI DOES NOT GUARANTEE THE QUALITY OF THE SERVICES OFFERED BY SPECIALISTS, NOR THAT SPECIALISTS HOLD THE REQUIRED AUTHORISATIONS, LICENCES, PERMITS, EXPERIENCE, OR SKILL TO PERFORM THE WORK AT HAND. IT IS STRICTLY UP TO THE EMPLOYER TO ENSURE THAT THE SPECIALIST CONFORMS TO THE REQUIREMENTS OF THE REQUESTED ASSIGNMENT, BOTH PROFESSIONALLY AND LEGALLY. EMPLOI IS NOT RESPONSIBLE FOR WORK PROVIDED BY ANY SPECIALIST TO ANY EMPLOYER, FOR THE CONTENT OF ANY AGREEMENT OR ARRANGEMENT BETWEEN ANY SPECIALIST AND ANY EMPLOYER, FOR ANY PAYMENT DUE FROM THE ONE TO THE OTHER, OR FOR ANY NON-PERFORMANCE. ANY DISPUTE THAT MAY ARISE BETWEEN A SPECIALIST AND AN EMPLOYER WILL NOT INVOLVE EMPLOI AND EMPLOI SHALL NOT BE LIABLE TO EITHER FOR ANY DAMAGE THAT MAY BE CAUSED AS A RESULT OF THE AFOREMENTIONED.
3. Limitation on Liability. IN NO EVENT WILL EMPLOI, ITS AFFILIATES, OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, OR DIRECTORS BE LIABLE TO YOU, ANY OF YOUR USERS, OR ANY THIRD PARTY WITH RESPECT TO THE WEBSITE, PLATFORM OR THE SUBJECT MATTER OF THESE TERMS UNDER ANY CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY, OR OTHER LEGAL OR EQUITABLE THEORY, EVEN IF FORESEEABLE, FOR: (i) ANY AMOUNT IN THE AGGREGATE IN EXCESS OF THE GREATER OF THE AMOUNT YOU HAVE PAID TO EMPLOI FOR USE OF THE PLATFORM IN THE SIX (6) MONTHS IMMEDIATELY PRIOR TO SUCH LIABILITY ARISING; (ii) FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER, INCLUDING WITHOUT LIMITATION LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS, LOSS OF ANTICIPATED SAVINGS, LOSS OF USE, OR LOSS OF GOODWILL; (iii) USER CONTENT OR DATA LOSS OR COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (iv) FOR ANY MATTER BEYOND OUR REASONABLE CONTROL; OR (v) FOR ANY ACTIONS OF, OR SERVICES PROVIDED BY, THIRD-PARTY SERVICE PROVIDERS OR INDEPENDENT CONTRACTORS (INCLUDING MENTORS) PROVIDING SERVICES ON BEHALF OF EMPLOI OR VIA THE PLATFORM. THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
CHANGES TO TERMS, THE WEBSITE OR THE PLATFORM
1. Changes to these Terms. We reserve the right to change or modify these Terms, our Privacy Policy, or any terms they incorporate by reference in our sole discretion and at any time. Any such change or modiﬁcation will be effective immediately upon posting to the Website or Platform; however, any changes to Section 16.4 (Governing Law and Jurisdiction) will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform. We will take reasonable steps to notify you of any changes or modiﬁcations, but you agree to review the Platform periodically to be aware of any changes or modiﬁcations. Notwithstanding anything to the contrary, your continued use of the Platform and any other Emploi-provided services will be deemed your conclusive acceptance of all such changed or modiﬁed terms and conditions.
2. Changes to the Website or Platform. Emploi may at any time, without notice or liability, change or eliminate any content or feature of the Website, Platform or any portion thereof, or restrict the use of any portion of the Website or Platform. Your only right with respect to any dissatisfaction with any service-related change or elimination is to cease use of the Website or Platform. We will not be liable if for any reason all or any part of the Website or Platform is unavailable at any time or for any reason.
ADDITIONAL TERMS
1. Mobile Device Use. If you access our website or Platform from your mobile device, you agree that you are solely responsible for all message and data charges that apply to the use of your mobile device to access the Website or Platform. All such charges are billed by and payable to your mobile service provider. Please contact your participating mobile service provider for pricing plans, participation status, and details.
  You understand that wireless service may not be available in all areas at all times and may be affected by product, software, coverage, or service changes made by your service provider or on the type of mobile device that you use. Your access to or use of the Platform via your mobile device or Emploi’s mobile application conﬁrms your agreement to these terms of use.
2. Non-Waiver. Failure by Emploi to enforce any provision(s) of these Terms will not be construed as a waiver of any provision or right.
3. Severability. If any provision of these Terms is found to be illegal, void, or unenforceable, then that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provisions of these Terms.
4. Governing Law and Jurisdiction. These Terms, and all claims or causes of action (whether in contract, tort, or statute) that may be based upon, arise out of, or relate to these Terms, or the negotiation, execution, or performance under these Terms (including any claim or cause of action based upon, arising out of, or related to any representation or warranty made in or in connection with these Terms or as an inducement to agree to these Terms), are governed by and will be construed and enforced in accordance with the laws of England, without reference to (i) any conﬂicts of law principles that would apply the substantive laws of another jurisdiction to the parties’ rights or duties, (ii) the United Nations Convention on Contracts for the International Sale of Goods, or (iii) other international laws. Any action or other judicial proceeding for the enforcement of these Terms or any of its provisions shall be instituted only in the courts of England.
5. Compliance with Legal Requests. Without limiting the foregoing, we have the right to fully cooperate with any valid legal process from a law enforcement authority with jurisdiction that requests or directs us to disclose customer data or other information on the Platform. YOU WAIVE AND HOLD HARMLESS US AND OUR AFFILIATES, LICENSEES, AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY US OR ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER US, SUCH PARTIES, OR LAW ENFORCEMENT AUTHORITIES.
6. Notices. Any notice which may be required to be given under these Terms, will be given: (i) by Emploi to you via e-mail to the e-mail address you maintain in your account settings or by notifying you electronically by displaying the notice in the Platform; (ii) by you to us in any commercially reasonable manner, including certiﬁed mail, return receipt requested, e-mail, or any other customary means of communication at the applicable mailing address set forth below, as may be updated from time to time. Any notice given otherwise than in accordance with this Section will be deemed ineffective.
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  All other feedback, comments, requests for technical support, or other communications relating to the Platform should be directed to the Emploi support team by emailing contact@emploi.co.uk
7. No Agency. Nothing in these Terms will be construed as making either party the partner, joint venture, agent, legal representative, employer, contractor, or employee of the other. Neither Emploi nor any other party to these Terms has or may hold itself out to any third party as having, any authority to make any statements, representations or commitments of any kind, or to take any action that is binding on the other party, except as provided for herein or authorised in writing by the party to be bound.
8. Equitable Relief. You acknowledge that a breach of these Terms may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, you agree that we may institute an action to enjoin you from any and all acts in violation of those provisions, which remedy will be cumulative and not exclusive, and we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.
9. Assignment. We may freely transfer or assign any portion of our rights or delegate our obligations under these Terms. You may not assign or otherwise transfer your rights, obligations, or duties under these Terms, in whole or in part, without our prior written consent, in our sole discretion. Any attempted transfer or assignment of these Terms without the prior written consent of Emploi will be null and void ab initio. Notwithstanding the foregoing, these Terms will be binding upon and will inure to the beneﬁt of the permitted successors and assigns of each party to these Terms. For the avoidance of doubt, in the event you assign these Terms in violation of the foregoing, such assignee shall be responsible for compliance with these Terms, including but not limited to the payment of any outstanding fees.
10. Miscellaneous. These Terms and any terms that incorporate these Terms by reference, as applicable, constitute the sole and entire agreement between you and Emploi with respect to the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, with respect to the Platform and to the subject matter contemplated by these Terms. The section titles used herein are displayed for convenience only and have no legal effect. Nothing in these Terms confers any third-party beneﬁciary rights or remedies. The inclusion of your purchase order number on any invoice, or other Emploi-provided document is for reference purposes only and is not an acceptance by Emploi of your terms or conditions contained therein or elsewhere. The terms on any such purchase order or similar document submitted by you to Emploi will have no effect and are hereby rejected. If any dispute should arise between the parties hereto regarding the terms or subject matter of these Terms or the enforcement or breach of such terms, then the party prevailing in such dispute, whether by out-of-court settlement or ﬁnal judicial determination, will be entitled to recover from the non-prevailing party all costs and expenses of such dispute incurred by such prevailing party, including without limitation reasonable attorneys’ fees.