This document is published in accordance with the provisions of the relevant laws applicable to United Kingdom, any dispute, claim or lawsuit will have to be filed in the United Kingdom’s courts regardless of which country you live in or sign up to use this product from. If you think that these terms and conditions doesn’t make sense to you or the jurisdiction/country you could be in, you must not sign up for our services.

This document is applicable to users who access www.beatmysalary.com and/or mobile application and related services (hereinafter, referred to as “Platform” allows recruiters (can be referred to as employers, which means the same) to search and make contact with candidates/talents/job seekers who apply to the jobs posted by the employers. The employers can also use the platform to search talents/jobseekers whose skillsets matches the keywords used to perform the search, partially or fully.

WE DO NOT OWN OR VOUCH FOR EITHER CANDIDATE’S PROFILE DATA OR THE JOB DATA POSTED BY THE EMPLOYERS. WE DO NOT VERIFY EITHER THE AUTHENTICITY OF A CANDIDATE/JOBSEEKER, NOR CARRY OUT ANY CHECKS ON WHAT THEY CLAIM ABOUT THEMSELEVES OR PREVIOUS WORK HISTORY, PREVIOUS EMPLOYERS OR THEIR SKILLSETS.

WE ALSO DO NOT TAKE ANY RESPONSIBILITY IF THE VACANCY POSTED ON OUR PORTAL IS NOT LEGITIMATE JOB OR HAPPENS TO BE A CLONE OF ANOTHER LEGITIMATE JOB OR ANY OTHER SIMILAR SCAMS OR FAKE JOBS.

WE ALSO DO NOT TAKE ANY RESPONSIBILITY IF THE CANDIDATE DOES NOT GET TO HEAR BACK FROM THE EMPLOYERS OR STOP BEING CONTACTED OR ANY FALSE CLAIMS THAT EITHER AN EMPLOYER OR CANDIDATE MAKES DURING THE PROCESS.

This document is applicable to users who access the Platform as a Recruiter pr employers. Those users that access the Platform as Candidates are bound by the Terms of Use – Candidates.

The Platform is owned by UpbeatIdeas UK Limited, a company incorporated under the laws of United Kingdom with company number 09353519 and having its registered office at 71-75 Shelton Street, Covent Garden, London, WC2H 9JQ (hereinafter, referred to as the “Company “).

For the purpose of interpretation, wherever the context so requires“You”, “Your”“User”mean any entity or natural person, considered major in the UK jurisdiction, who intends to become a user of the Website as a recruiter. You must be of atleast 21 years of age to be able to register on this website either as an employer or candidate.

The terms “We ”, “Us ” or “Our ” shall mean the Company.

Your use of the Platform and all the allied services and tools are governed by the terms and conditions as envisaged herein, including the UK laws and policies regardless of which country you reside, work or live.

If you access the Platform as an employer, you shall be subject to the Terms of Use – Recruiters and If you access the Platform as a candidate or jobseeker, you shall be subject to the Terms of Use – Candidate and the Privacy Policy that may be applicable to your activity on the Platform. You expressly give consent that by mere use of the Platform, you shall be contracting with the Company under these Terms of Use – Recruiters or of the Candidates (As applicable), which shall constitute your binding obligations with the Company.

We reserve the right, at our sole discretion, to change, modify, add or remove portions of these Terms of Use – Recruiters or candidate as applicable, at any time without any prior written notice to you. It is your responsibility to review these Terms of Use – Recruiters or candidate as applicable periodically for updates/changes. Your continued use of the Platform following the posting of changes will mean that you accept and agree to the revisions. As long as you comply with these Terms of Use – Recruiters or candidate as applicable, we grant you a personal, non-exclusive, non-transferable, limited license to enter and use the Platform, subject to compliance with these Terms of Use – Candidates and Terms of use of Recruiters.

ACCESSING, BROWSING OR OTHERWISE USING THE SITE INDICATES YOUR AGREEMENT TO ALL THE TERMS AND CONDITIONS UNDER THESE TERMS OF USE – RECRUITERS OR CANDIDATES AS APPLICABLE, SO PLEASE READ THE TERMS OF USE – RECRUITERS PR CANDIDATES AS APPLICABLE CAREFULLY BEFORE PROCEEDING.OUR LIABILITY IS SUBJECT TO LIMITATIONS AND EXCLUSIONS. PLEASE READ THESE SECTIONS CAREFULLY BECAUSE THEY LIMIT YOUR RIGHTS.

User Eligibility

You must register to access certain parts and features of the Platform. Registration requires you to provide information including incorporation details, contact details, email address, phone number, contact address.

The Company reserves the right to accept, reject, suspend or delay registration and/or access to the Platform in its absolute discretion, including for non-compliance with these Terms of Use – Recruiters or candidate as applicable.

If you register to use the Platform and/or engage with any Candidate on behalf of a company, you warrant and represent that you have the authority to bind that company.

Information Obligations

You acknowledge that we rely (together with Candidates) on the accuracy and completeness of information provided by you, including during the registration process. You agree that if you provide any information that is untrue, inaccurate, not current or incomplete or there are reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, or not in accordance with the these Terms of Use – Recruiters or candidate as applicable, we shall have the right to indefinitely suspend or terminate or block access of your access on the Platform and shall reserve all the rights to take necessary legal action against you. Such act on your part shall accrue legal implications due to violation of laws not limited to criminal liability on your part.

We do not endorse and have not verified any Candidate and make no recommendation, warranty or representation whatsoever in respect of the Candidates. We are not responsible for any information provided by Candidates or liable for any reliance you make upon the information or statements conveyed by them, nor are we responsible for the accuracy of any advertisements.

Communications

When you use the Platform or send emails or provide other information (hereinafter, collectively referred to as “Information ”), you agree and understand that you are communicating with us through electronic communication. You are responsible for all content and information published on, sent via or in connection with the Platform (“Information”) and warrant that Information is accurate, complete, honest and genuine. You acknowledge that such content may be made publicly available and that we are not responsible for editing or monitoring Information. We reserve the right to delete any such Information in our absolute discretion. The Company follows high industry standards relating to the storage and use the Information. The Company cannot, however, guarantee the security of the Information and shall not be responsible in case for any loss, damage, prejudice to or misuse of the Information. Further, you consent to receive communications via electronic communication from us periodically and as and when required. We may communicate with you by email or by such other mode of communication, electronic or otherwise.

Use of the Platform

You agree, undertake and confirm that your use of Platform shall be conditional upon and strictly governed by the following binding principles:

1. You shall not host, display, upload, modify, publish, transmit, update or share any information which:
   1. belongs to another entity and to which you do not have any right to;
   2. is grossly harmful, harassing, blasphemous, defamatory, obscene, pornographic, paedophilic, libellous, invasive of another’s privacy, hateful, or racially, ethnically objectionable, disparaging, relating or encouraging money laundering or gambling, or otherwise unlawful in any manner whatsoever; or unlawfully threatening or unlawfully harassing including “indecent representation of women”;
   3. is misleading in any way;
   4. involves the transmission of “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
   5. infringes upon or violates any third party’s rights [including, , intellectual property rights, rights of privacy (including unauthorized disclosure of a person’s name, email address, physical address or phone number) or rights of publicity;
   6. contains restricted or password-only access pages, or hidden pages or images (those not linked to or from another accessible page);
   7. engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform;
   8. interferes with another user’s use and enjoyment of the Platform or any other individual’s user and enjoyment of similar services;
   9. violates any law for the time being in force;
   10. contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer resource; or contains any Trojan horses, worms, time bombs, cancel bots, Easter eggs or other computer programming routines that may damage, detrimentally interfere with, diminish value of, surreptitiously intercept or expropriate any system, data or personal information;
2. You shall not attempt to gain unauthorized access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means.
3. You shall not probe, scan or test the vulnerability of the Platform or any network connected to the Platform nor breach the security or authentication measures on the Platform or any network connected to the Platform. You may not reverse look-up, trace or seek to trace any information on any other User of or visitor to Platform, or any other customer, including any account on the Platform not owned by you, to its source, or exploit the Platform or any service or information made available or offered by or through the Platform, in any way where the purpose is to reveal any information, including personal identification or information, other than your own information, as provided for by the Platform.
4. Solely to enable us to use the information you supply us with, so that we are not violating any rights you might have in your Information, You agree to grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise the copyright, publicity, database rights or any other rights you have in your Information, in any media now known or not currently known, with respect to your Information.
5. We can (and you hereby expressly authorize us to) disclose any information about you to law enforcement or other government officials, as we, in Our sole discretion, believe necessary or appropriate in connection with the investigation and/or resolution of possible crimes, especially those that may involve personal injury.
6. We reserve the right, but have no obligation, to monitor the materials posted on the Platform. Company shall have the right to remove or edit any content that in its sole discretion violates, or is alleged to violate, any applicable law or either the spirit or letter of these Terms of Use – Recruiters or candidate as applicable. Notwithstanding this right, YOU REMAIN SOLELY RESPONSIBLE FOR THE CONTENT OF THE MATERIALS YOU POST ON THE WEBSITE AND IN YOUR COMMUNICATIONS. In no event shall Company assume or have any responsibility or liability for any Content posted or for any claims, damages or losses resulting from use of Content and/or appearance of Content on the Platform.
7. It is possible that other user (including unauthorized users or “hackers”) may post or transmit offensive or obscene materials on the Platform and that you may be involuntarily exposed to such offensive and obscene materials. It also is possible for others to obtain personal information about you due to your use of the Platform, and that the recipient may use such information to harass or injure you. We do not approve of such unauthorized uses, but by using the Platform You acknowledge and agree that we are not responsible for the use of any personal information that you publicly disclose or share with others on the Platform.
8. You shall be deemed to provide an undertaking to the effect that the jobs/data posted by you on the Platform are in existence and are genuine.

Consent to Use of Data

You agree that the Company may use information provided by you (including personal information in accordance with our Privacy Policy). The Company shall have access to all communication, including telephonic conversation between the Recruiter and the Candidates.

You agree and confirm that any such information collected through your registration or opting/ purchasing any services on Company can use, transfer, process and store such information in any manner whatsoever. You explicitly agree and confirm that such information can be used by the Company even after you cease your account or using the Platform.

Company may be required by law to remove certain information or content in certain countries.

Platform for Transaction and Communication

The Platform and related communications allow users to connect as Recruiters and Candidates. The Company is not and cannot be a party to any transaction between its users, particularly between you and any Recruiter.

The Recruiter acknowledges and agrees:

1. All commercial or contractual terms are offered by Recruiters and agreed to with Candidates.
2. Company does not make any representation or Warranty as to specifics (such as quality, value, saleability, etc.) of the services proposed to be sold or offered to be sold or purchased on the Platform of the third party. Company accepts no liability for any errors or omissions, whether on behalf of itself or third parties.
3. To the full extent permissible by law, the Company disclaims all warranties, express or implied, including any implied warranties of merchantability and fitness for a particular purpose.
4. Company platform shall not be utilized to upload, post, email, transmit or otherwise make available either directly or indirectly, any unsolicited bulk e-mail or unsolicited commercial e-mail by you. Company reserves the right to filter and monitor and block the emails sent by users using the servers maintained by Company to relay emails. You shall abide by International Best Practices in containing and eliminating Spam.
5. You shall not spam the database maintained by Company or indiscriminately and repeatedly forward mail that may be considered spam etc. etc. Any conduct in violation of this clause shall entitle Company to forthwith terminate all services to you without notice and to forfeit any amounts paid by him.
6. You shall not upload, post, transmit, publish, or distribute any material or information that is unlawful, or which may potentially be perceived as being harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or racially, ethnically, or otherwise objectionable.
7. You warrant that you have the authority (including under any rules, regulations, guidelines, bylaws and policies in connection with your use the Platform and all information and data provided to or communicated via the Platform. You unequivocally declare that in case you violate any such provisions, you shall alone be responsible for all acts, deeds and things on the Platform and shall alone be liable for civil and criminal liability there under all applicable laws for the time being in force.
8. You shall not infringe on any intellectual property rights of any person / entity or retain information / download any information from any computer system or otherwise with an intention to do so.
9. In case a person using the world wide web/internet receives a spam or virus which includes a link to Company or to any other site maintained, operated or owned by Company, it should not be held responsible for the same. Company assumes no responsibility for such mails.
10. Company neither is nor offers any warranty about the credentials bona fides, status or otherwise of any party that downloads information or data and uses it to contact another user. Company would not be held liable for loss of any data technical or otherwise, or of the resume/ insertion or information/data or particulars supplied by user due to acts of god as well as reasons beyond its control like corruption of data or delay or failure to perform as a result of any cause(s) or conditions that are beyond Company’s reasonable control including strikes, riots, civil unrest, government policies, tampering of data by unauthorized persons like hackers, distributed denial of service attacks, virus attacks, war and natural calamities.
11. User further represent that the products/services purchased are not for resale to others.

Disclaimer of Warranties and Liability

Each of the disclaimers, limitations and exclusions of liability under these Terms of Use – Recruiters or candidate as applicable operate to the extent permitted by law. This Platform, all the materials and products (including software) and services, included on or otherwise made available to You through this site are provided on “as is” and “as available” basis without any representation or warranties, express or implied except otherwise specified in writing. Without prejudice to the forgoing paragraph, Company does not warrant that:

1. This Platform will be constantly available, or available at all; or
2. The information on this Website is complete, true, accurate or non-misleading.
3. Company will not be liable to you in any way or in relation to the Contents of, or use of, or otherwise in connection with, the Platform. Company does not warrant that this site; information, Content, materials, product (including software) or services included on or otherwise made available to You through the Platform; their servers; or electronic communication sent from Us are free of viruses or other harmful components.
4. All the contents of this Site are only for general information or use. They do not constitute advice and should not be relied upon in making (or refraining from making) any decision. Any specific advice or replies to queries in any part of the Site is/are the personal opinion of such experts/consultants/persons and are not subscribed to by this Site. Certain links on the Site lead to resources located on servers maintained by third parties over whom Company has no control or connection, business or otherwise as these sites are external to Company you agree and understand that by visiting such sites you are beyond the Company’s website.
5. The Company does not hold any responsibility towards the response received by you from the candidates in any manner whatsoever.
6. You may have additional rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions. To the extent permitted by law, we exclude all conditions and warranties that may be implied by law, and our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of services or payment of the cost of re-supply of services.

Subscription

You may subscribe to the services offered by the Company by selecting any of the suitable subscription plans listed under the ‘Pricing’ section of the website. While availing any of the payment methods available on the Platform, we will not be responsible or assume any liability, whatsoever in respect of any loss or damage arising directly or indirectly to you due to:

1. Lack of authorization for any transaction/s, or
2. Exceeding the preset limit mutually agreed by You and between “Bank/s”, or
3. Any payment issues arising out of the transaction, or
4. Decline of transaction for any other reason/s

The Company reserves the right to amend the subscription fees and its pursuant terms and conditions at any time. You have specifically authorized Company or its service providers to collect, process, facilitate and remit payments and / or the Transaction Price electronically. Your relationship with Company is on a principal to principal basis and by accepting these Terms of Use – Recruiters or candidate as applicable you agree that Company is an independent contractor for all purposes, and does not have control of or liability for the products or services that are listed by the Recruiter or Candidate on the Platform. Company does not guarantee the identity of any User nor does it ensure that a Recruiter or a Candidate will complete any transaction.

Payments

You understand, accept and agree that the payment facility provided by Company is neither a banking nor financial service but is merely a facilitator providing an electronic, automated online electronic payment, receiving payment collection and remittance facility on the Platform using the existing authorized banking infrastructure and Credit Card payment gateway networks.

Company reserves the right to impose limits on the number of payments which Company may receive from on an individual Valid Credit/Debit/ Cash Card / Valid Bank Account/ and such other infrastructure or any other financial instrument directly or indirectly through payment aggregator or through any such facility authorized by laws applicable in your jurisdiction to provide enabling support facility for collection and remittance of payment or by an individual User during any time period, and reserves the right to refuse to process payments exceeding such limit.

1. It is your responsibility to ensure that the details entered by you for making the payment are correct. If we do not receive the payment for any reason whatsoever, including incorrect details entered by you, insufficient funds in your account, authorization rejected by your bank, technical issues, etc., we reserve the right to cancel your subscription and terminate our services with immediate effect. In case of any dispute, we reserve our right to take appropriate legal action against you and you explicitly agree to indemnify the company against all costs including legal, logistics, expenses, etc. incurred by it in this respect.
2. You shall at all times ensure full compliance with the applicable provisions of Sales Tax, VAT, Income Tax, Octroi, Service Tax, Central Excise, Custom Duty, Local Levies as applicable to you in your respective jurisdiction regarding your use of our platform. The subscription fees charges by the Company is excluding any of the taxes and you shall be liable to pay the same as applicable in your jurisdiction.
3. Company reserves the right to refuse to process Transactions by users with a prior history of questionable charges including breach of any agreements by user with Company or breach/violation of any law or any charges imposed by Issuing Bank or breach of any policy.
4. Company shall not be liable for any loss or damage sustained by reason of any disclosure (inadvertent or otherwise) of any information concerning you and / or information relating to or regarding online transactions using credit cards / debit cards and / or their verification process and particulars nor for any error, omission or inaccuracy with respect to any information so disclosed and used whether or not in pursuance of a legal process or otherwise.
5. Payments for the services offered by Company shall be on a 100% advance basis. Refund (if any) will be at the sole discretion of Company. Company offers no guarantees whatsoever for the accuracy or timeliness of the refunds reaching the Customers card/bank accounts. Company gives no guarantees of server uptime or applications working properly. All is on a best effort basis and liability is limited to refund of amount only. Company undertakes no liability for free services.

Buyer’s arrangement with Issuing Bank:

All valid Credit / Debit/ Cash Card/ and other payment instruments are processed using a 3rdparty payment gateway and the same will also be governed by the terms and conditions agreed to between you and the respective Issuing Bank and payment instrument issuing company.

All Online Bank Transfers from Valid Bank Accounts are processed using the gateway provided by the respective Issuing Bank which support Payment Facility to provide these services to you. All such Online Bank Transfers on Payment Facility are also governed by the terms and conditions agreed to between user and the respective Issuing Bank.

Indemnity

You personally and on behalf of any company on whose behalf you use the Platform shall indemnify and hold harmless Company, its owner, licensee, affiliates, subsidiaries, group companies (as applicable) and their respective officers, directors, agents, and employees, from any claim or demand, or actions including reasonable attorneys’ fees, made by any third party or penalty imposed due to or arising out of Your breach of this Terms of Use – Recruiters or candidate as applicable, Privacy Policy and other Policies, or Your violation of any law, rules or regulations or the rights (including infringement of intellectual property rights) of a third party.

Trademark, Copyright and Restriction

This site is controlled and operated by Company. All material on this site, including images, illustrations, audio clips, and video clips, are protected by copyrights, trademarks, and other intellectual property rights. Material on Platform is solely for your personal, non-commercial use. You must not copy, reproduce, republish, upload, post, transmit or distribute such material in any way, including by email or other electronic means and whether directly or indirectly and you must not assist any other person to do so. Without the prior written consent of the owner, modification of the materials, use of the materials on any other website or networked computer environment or use of the materials for any purpose other than personal, non-commercial use is a violation of the copyrights, trademarks and other proprietary rights, and is prohibited. Any use for which you receive any remuneration, whether in money or otherwise, is a commercial use for the purposes of this clause.

Trademark complaint

Company respects the intellectual property of others. In case you feel that Your Trademark has been infringed, you can write to Company at support@beatmysalary.com.

Limitation of Liability

IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY SPECIAL, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND IN CONNECTION WITH THESE Terms of Use – Recruiters or candidate as applicable, EVEN IF USER HAS BEEN INFORMED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES.

Notices

You can contact our service team by email (support@beatmysalary.com) or using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.

Please contact us for any questions or comments (including all inquiries unrelated to copyright infringement) regarding this Platform.

Throughout these terms, “prior written consent” means an electronic communication from the Company, specifically in response to your request, and specifically addressing the activity or conduct for which you seek authorisation.

We will send you notices and other correspondence to the email address that you submit to the Platform, or that you otherwise notify to us. It is your responsibility to update your contact details as they change.

A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.

Availability

The Platform is designed for operation on specific operating systems (such as, browser type). You must ensure that your device is compatible and meets all necessary technical specifications to enable you to download, access and use the Platform.

We make no guarantees, implied or express, as to the ongoing availability of the Platform. You agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform or any offer of services, including any engagement with a Candidate.

General

The Company may assign or otherwise create any interest in their rights under these Terms by giving you written notice.

We may in our absolute discretion amend these Terms at any time, which shall become effective by giving you notice.

Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.

These Terms form part of an ecommerce transaction and the parties agree that these Terms may be accepted electronically and the agreement to these Terms is formed & validly entered into electronically.

Any termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.

Applicable Law

This Terms of Use – Recruiters or candidate as applicable and the binding contract with each Recruiter shall be governed by and interpreted and construed in accordance with the laws of England. The place of jurisdiction of any dispute arising of this contract shall be exclusively in London, England.