Welcome to this application (the “App“). This App is published by or on behalf of Hiire Limited (SC493442) of 121 Moffat Street, Glasgow, G5 0ND (“Hiire”).
By downloading or otherwise accessing the App you agree to be bound by the undernoted terms and conditions which set out the basis for the use of the App and the basis on which the Services (as below defined) are made available by Hiire to the User (as below defined).
You should read the following terms and conditions carefully and if you do not agree to any of them, you should not use the App. In order to indicate your acceptance of these terms and conditions, click on the button marked “I Agree”. If you do not agree, you should not use the App.
The following terms apply:
For the purposes of these terms and conditions, the following definitions shall have the following meanings:
1.1. “Business Day” means a day, other than a Saturday or Sunday, on which clearing banks are open for a full range of services in London.
1.2. “Services” means the on-line employer/employee availability and matching services the subject of the App made available by Hiire.
1.3. “Terms and Conditions” means the terms and conditions for the use of the App and the provision of Services as set out herein and as amended from time to time.
1.4. “User” means any third party who uses the App and the Website in respect of the Services.
1.5. “User Content” means any information contained and displayed in the User’s profile created by the User and displayed via the App or the Website from time to time including without limitation text, images, audio material, video material, audio-visual material, email and phone contact details.
1.6. “Website” means the user interface and functionality made available on pages under the domain name www.hiire.co.uk.
These Terms and Conditions shall apply to any use of the App and the Website by the User and shall take precedence over and to the exclusion of any other documentation.
3.1. Following download of the App, the User must register and create a User account (“User Account”) with Hiire.
3.2. Any use by the User of the App is subject to the following conditions:
3.2.1. The User agrees not to re-publish material from the App or the Website.
3.2.2. The User agrees not to sell, rent or sub-licence any material from the App or the Website.
3.2.3. The User agrees not to reproduce, duplicate, copy or otherwise exploit material on the App or the Website for any commercial purpose.
3.2.4. The User agrees not to use the App in such a way that damages, disrupts, interferes with or restricts the use, availability or accessibility of the App or the Website by other Users.
3.2.5. The User agrees not to upload, display or transmit any data through the App or the Website which is unlawful or the use of which infringes the rights of any third party anywhere in the world.
3.2.6. The User agrees not to change, modify, delete, interfere with or misuse data contained on the App or the Website and entered by or relating to any third party user of the App.
3.2.7. The User agrees not to use the App or the Website for any illegal, non-legitimate, fraudulent or harmful purpose nor otherwise than to secure the provision by Hiire of the Services to the User.
3.2.8. The User agrees not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the App or the Website or attempt to transmit to or via the App or the Website any information that contains a virus, worm, trojan horse or other harmful or disruptive component.
3.2.9. The User agrees not to conduct any systematic or automated data collection activities (including data mining and data harvesting) on or in relation to the App or the Website.
3.2.10. The User agrees not to use the App or the Website to transmit or send unsolicited commercial communications or for any purposes related to marketing.
3.3. In relation to any User Content:
3.3.1. The User grants to Hiire a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish and distribute the User Content in any existing or future media.
3.3.2. The User agrees that such User Content will not be illegal, unlawful, obscene, indecent, defamatory or false nor will any User Content infringe the legal or other rights of any third party.
3.3.3. The User agrees that they will not submit any User Content via the App to the Website that is the subject of any threatened or actual legal proceedings or other similar complaint.
3.3.4. The User agrees and acknowledges that Hiire shall have the right in its sole discretion to edit or remove any User Content submitted via the App to the Website by the User or so hosted or published on the Website.
3.3.5. The User agrees and acknowledges that, notwithstanding Hiire’s rights under these Terms and Conditions in relation to any User Content, Hiire does not undertake to monitor the submission of any User Content to, nor the publication of any User Content on, the Website.
3.4. Each of the App and the Website contains material which is owned by or licensed to Hiire including, but not limited to, the design, layout, look, appearance and graphics and any reproduction thereof is prohibited without the consent of Hiire.
3.5. Any unauthorised use of the App or the Website may give rise to a claim for damages and/or be a criminal offence.
3.6. Hiire does not guarantee that the App or the Website will always be available to the User and accordingly each of the App and the Website is made available strictly on the basis that (1) the User accepts use of each of the App and the Website on an 'as is' and 'as available' basis, (2) all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of the use of the App and/or the Website are excluded to the fullest extent permitted by law and (3) Hiire excludes any liability, to the fullest extent permitted by law, of Hiire in respect of any loss or damage resulting or arising from any non-availability for use of the App or the Website or from reliance on the contents of the App or the Website or any material or content accessed through it.
3.7. Whilst Hiire will make reasonable efforts to update the information contained on the App and the Website, neither Hiire nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, data and/or content contained on the App or the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any such information contained on the App or the Website.
3.8. Hiire reserves the right at any time to change or discontinue, without notice, any aspect or feature of the App or the Website.
4.1. Hiire reserves the right to remove the provision and/or availability of any part of the Services from the App or the Website at any time.
4.2. For the avoidance of doubt, Hiire gives no guarantee and makes no representation that any data or content which is from time to time provided by any potential employer and uploaded to and for display on the Website shall be accurate or correct.
4.3. For the avoidance of doubt, Hiire gives no guarantee that the User’s access to the Services will result in the User securing employment with any third party.
4.4. For the avoidance of doubt, Hiire undertakes to the User to remove any illegal, unlawful, obscene, indecent, defamatory or false content which is from time to time provided by any potential employer and uploaded to and for view by the User, provided always that the User has advised Hiire of such content and provided further that Hiire does not undertake to monitor the submission of such content continuously.
4.5. Hiire agrees to investigate and respond to any complaint of the User within a 10 Business Day period of receipt of any complaint.
5.1. Nothing contained in these Terms and Conditions shall operate to prevent Hiire from adding to or extending the nature of the Services which are available in terms of the App or the Website.
5.2. If at any time the User is in default in the performance or observance of any of their obligations under these Terms and Conditions, Hiire shall be entitled, for so long as such default continues (but without prejudice to any of its other rights under these Terms and Conditions), to withhold access to the Services and to suspend the User’s access to and use of the App or the Website.
5.3. Whilst Hiire will use reasonable efforts to ensure the accuracy of any information available as content through the App and the Website, Hiire makes no representation that such information displayed by Hiire will be accurate or complete and Hiire accepts no liability to the User accordingly.
5.4. Save as below provided, Hiire shall not be liable to the User for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with the use of the App, the Website or the User’s use of the Services.
5.5. Notwithstanding the generality of Clause 6.2 above, Hiire further expressly excludes liability to the User for consequential loss or damage or for loss of profit, business, revenue, goodwill or anticipated savings of the User.
5.6. Hiire does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of Hiire, its employees, agents or authorised representatives.
5.7. Hiire accepts no liability whatsoever to the User in circumstances where User provides incorrect or inaccurate input data which is subsequently loaded by Hiire in connection with the Services.
5.8. Whilst Hiire shall take reasonable steps to ensure that the App is free from errors, bugs or viruses, Hiire does not accept any liability for and makes no representations in relation to any errors, bugs or viruses that may arise as a result of any use of the App by the User.
7.1. The User understands and agrees that the Services are deliverable on a “browser based” platform and that the User is responsible for obtaining access for use of the App through the User’s own internet service provider, the airtime and data charges therefore being the User’s responsibility.
7.2. The User irrevocably agrees and undertakes to indemnify Hiire from and against any and all damages, losses, expenses and costs attributable to any breach by the User of these Terms and Conditions including, without prejudice to the foregoing generality, the User’s use or misuse of and access to the App or the Website.
7.3. Use of the User Account is personal to the User and accordingly use of the same shall be restricted to the User and the User undertakes not to disclose or otherwise share such User Account with any third party.
8.1. Hiire may at any time modify the Terms and Conditions and the User acknowledges and agrees that, in the User’s use of the App from time to time, the User shall become bound to the current version of the Terms and Conditions, all previous versions being superseded, it being the responsibility of the User to review the Terms and Conditions each time the User uses the App.
8.2. If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, such unenforceability will not affect the remaining terms and conditions which shall remain in full force and effect.
8.3. Neither the User nor Hiire shall be responsible for their failure to perform their obligations for reasons beyond its reasonable control, including but not limited to government regulations, fire, flood, car, civil war, terrorism or act of God. If either is affected by an event referred to in this clause it must inform the other in writing as soon as reasonably practicable.
8.4. The User and Hiire agree to treat all information provided by the parties in accordance with the Terms and Conditions in accordance with the applicable laws and regulations governing the use of personal data including, without prejudice to the foregoing generality, the Data Protection Act 1998.
8.5. These Terms and Conditions shall be governed by and construed in accordance with Scots Law and proceedings thereunder or under any Contract will be subject to the non-exclusive jurisdiction of the Scottish Courts.