STOOBI.COM LTD - WEBSITE USE TERMS AND CONDITIONS

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS WEBSITE.

1. DEFINITIONS AND INTERPRETATION

1.1 The definitions in this clause apply to these Terms:

Application: has the meaning given in clause 4.1;

Content: text, images, video, audio or other multimedia content, software or other information or material submitted to (or on) the Website by you or us;

Contract: the agreement between us and a User for the User to use the Website;

Customer: a person (or corporate entity) registered to use the Website with the intention of entering into a contractual relationship with a Worker for employment purposes;

Intellectual Property Rights: copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world);

Terms: these terms and conditions of use as updated from time to time by us in accordance with clause 2.5;

User: a Worker or Customer;

We, us or our: Stoobi.com Ltd, a company registered in England and Wales under company number 09962887, whose registered office is at Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 SWB;

Website: www.stoobi.com;

Worker: a person registered to use the Website with the intention of entering into a contractual relationship with a Customer for employment purposes; and

You or your: any person (including Users) using the Website as a guest or registered user.

1.2 Headings do not affect the interpretation of these Terms.

1.3 A reference to ‘writing’ or ‘written’ in these Terms includes email but not fax.

1.4 A reference to a ‘clause’ is to a clause of these Terms (unless otherwise expressly stated).

1.5 Any phrase introduced by the terms ‘including’, ‘include’, ‘in particular’ or any similar expression shall be construed as illustrative and shall not limit the sense of the words preceding those terms.

1.6 A reference to a statute or statutory provision is a reference to it as amended or re- enacted. A reference to a statute or statutory provision includes all subordinate legislation made under that statute or statutory provision.

 

2. TERMS OF WEBSITE USE

2.1 These Terms (together with the documents referred to in it) are the terms of use upon which you may make use of the Website, whether as a guest or a registered user. Use of the Website includes accessing, browsing, or registering to use the Website.

2.2 Please read these Terms carefully before you start to use the Website, as these will apply to your use of the Website. We recommend that you print a copy of the Terms for future reference.

2.3 By using the Website, you confirm that you accept these Terms and that you agree to comply with them.

2.4 If you do not agree to these Terms, you must not use the Website.

2.5 We may revise these Terms at any time by updating this page. You should check the Website from time to time to review the current terms of use, because it is binding on you.

 

3. REGISTRATION

3.1 To use the Website as a User you must register as a User of the Website. After registration, you will be able to log in as a User using the email address and password included by you during the registration process, after which time your own personal information can only be accessed by means of your email address and the password.

3.2 You confirm the information you provide as part of the registration process is accurate and complete.

3.3 You are not permitted to register or create more than one account with us on the Website.

3.4 You are responsible for keeping the user name and the password confidential.

You are also responsible for all use of your registered account, regardless of whether such use is authorised or not.

3.5 You undertake to immediately inform us of any unauthorised use of your user name or password or the risk thereof.

3.6 We are entitled to cancel your registration or account at any time as we deem necessary, pursuant to clause 11 (Termination of Contract). In such instances, these Terms between you and us will lapse (unless you continue to use the Website as a guest or visitor).

3.7 We only accept Users who are 18 years old or over. By registering to become a User, you confirm that you are at least 18 years of age.

 

4. CONTRACT BETWEEN US AND USERS

4.1 Users will be required to make payment for using the Website by providing us with credit or debit card details before we approve their registration application (Application). Following approval of an Application by us, we will debit the fees specified in the Website registration checkout page from the debit or credit card and notify the new User by email that such payment has been taken.

4.2 We must receive payment of all of the fees to use the Website, as stated on our ‘How it works’ webpage on the Website (www.stoobi.com/how-it-works), before a User may access their account. Us confirming receipt of payment of the fees brings into existence a legally binding contract between us and a User.

4.3 A User is responsible for providing valid credit or debit card details. We reserve the right to refuse to open an account to use the Website, or close an existing User account, if payment details have expired or are invalid in any way. We will attempt to contact Users in such instances to enable a Users to provide updated information to allow them to open an account, or continue to use an existing account for the Website.

4.4 In providing payment card details, a User confirms that they are authorised to use the card and authorise us or our payment service provider to take payment in full for the use of the Website, including any other charges that become due to us under these Terms.

 

5. FEES

5.1 The fees payable for a User to use the Website are as stated on our ‘How it works’ webpage on the Website.

5.2 All fees to use the Website are due in advance. In the case of monthly or annual subscription payments for Workers, the Contract with us will automatically renew each month or each year (as the case may be), at which point fees for the following month or year (as the case may be) will become payable. A Worker authorises us to take payment of the subscription fees from the credit or debit card details provided on their account. If a Worker wishes to cancel the Contract with us, they must notify us in writing in accordance with clause 11.1 before the automatic renewal of the Contract.

5.3 A User will be required to complete an Application, or access their existing account, to make any payments to use the Website.

5.4 All fees on the Website are in pounds sterling and include VAT (unless expressly stated otherwise). We take care to ensure that all pricing information on the Website is accurate but occasionally there may be an error. If the correct fee is lower than that on the Website at the time a User makes payment to use the Website, we will charge the User the lower fee. If the correct fee is higher than that on the Website, we will try to contact the User for instructions using the information provided on the User’s existing account (or on an Application) and give the User the choice of cancelling the payment and use of the Website, or paying the correct fee to continue to use the Website.

5.5 All fees paid to us are non-refundable, unless we suspend or terminate a User’s account for any reason other than for a breach of these Terms.

 

6. VISITOR MATERIAL AND CONDUCT

6.1 Other than personally identifiable information, which is covered under our privacy policy (as amended from time to time), any material you transmit or post to the Website shall be considered non-confidential and non-proprietary. We shall have no obligations with respect to such material.

6.2 You are prohibited from posting or transmitting to or from the Website any material:

(a) that is threatening, defamatory, obscene, indecent, seditious, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy or which may cause annoyance or inconvenience;

(b) for which you have not obtained all necessary licences and/or approvals;

(c) which constitutes or encourages conduct that would be considered a criminal offence, give rise to

civil liability, or otherwise be contrary to the law of or infringe the rights of any third party; or

(d) which is technically harmful (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

6.3 You must not (or attempt to) misuse the Website (including, without limitation, by hacking).

6.4 We shall fully co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity or locate anyone posting any material in breach of clause 6.2 or clause 6.3.

 

7. FURTHER USER OBLIGATIONS

7.1 This clause is notwithstanding the obligations set out in clause 6 (Visitor Material and Conduct) above.

7.2 Users are responsible for:

(a) the accuracy of all information included on their respective accounts and on the Website;

(b) ensuring all information included on their respective accounts and on the Website is kept up-to-date;

(c) negotiating the terms of any employment agreed between a Customer and Worker; and

(d) reporting any abuse of the Website, or breach of these Terms, by other Users or other persons using the Website.

7.3 Users must not:

(a) contact each other by any other means other than through the Website;

(b) use the Website for any purpose other than to enter into a contractual relationship with a Worker or Customer (as the case may be) for employment purposes;

(c) use the Website for illegal, unlawful or prohibited purposes, including sending or posting junk e-mail or spam, publishing misleading, defamatory, indecent, obscene or advertising material, or sending viruses and worms; or

(d) impersonate any other person or entity, or to use a false name or a name that they have no authority to use.

7.4 A Customer is responsible for:

(a) ensuring all job advertisements put up on the Website by them are clear and include the following details:

(i) the work required from a Worker, including a job specification;

(ii) any key skills required from a Worker to undertake the work required and/or expected;

(iii) the period of employment; and

(iv) payment terms;

(b) ensuring they comply with all applicable laws in employing a Worker through the Website, including meeting any national minimum wage requirements;

(c) verifying the credentials, expertise, references, CRB checks and qualifications of a Worker applying for a job advertised by the Customer;

(d) making payment to the Worker as agreed between the Customer and Worker, including all Income Tax, National Insurance contributions and other liabilities arising from employing a Worker using the Website; and

(e) notifying us that a job advertisement has been filled by selecting the ‘End Advert’ option on their Website account.

7.5 A Worker is responsible for:

(a) assessing and understanding the suitability of any job advertisement emailed to them by us before applying for a job;

(b) applying for any job advertised and emailed to them by us that they wish to apply for directly with a Customer;

(c) verifying the details of any job advertisement emailed to them which they intend to apply for;

(d) ensuring their availability to undertake the work agreed with the Customer as and when agreed; and

(e) ensuring they carry out the work required to the best of their ability.

 

8. SERVICE ACCESS

8.1 While we endeavour to ensure that the Website is normally available 24 hours a day, we shall not be liable if for any reason the Website is unavailable at any time or for any period.

8.2 Access to the Website may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our control.

 

9. VIRUSES

9.1 We do not guarantee that our site will be secure or free from bugs or viruses.

9.2 You are responsible for configuring your information technology, computer programmes and platform in order to access our site. You should use your own virus protection software.

 

10. LINKS TO THE WEBSITE

10.1 You may not link to our Website without our express prior permission. If permission is granted, the terms in this clause shall apply.

10.2 You must establish a link in a way that is fair and legal and does not damage our reputation or take advantage of it.

10.3 You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

10.4 You must not establish a link to the Website in any website that is not owned by you.

10.5 The Website must not be framed on any other site, nor may you create a link to any part of the Website other than the home page.

10.6 We reserve the right to withdraw linking permission without notice.

 

11. TERMINATION OF CONTRACT

11.1 A User may terminate the Contract at any time by notifying us in writing. We will then close the User’s account on the Website.

11.2 We reserve the right to terminate the Contract at any time without reason and without notice to a User.

11.3 If we terminate the Contract due to a User’s breach, or continued or repeated breach, of any of these Terms, a User will not be entitled to a refund of any fees paid by them for any services on the Website they have not used at the time of termination.

11.4 If we terminate the Contract for any reason other than under clause 11.3 (or at our sole discretion), then we will refund any unused portion of fees paid by a User for any services on the Website. For a Customer the refund will be the fees paid for job advertisements not used. For a Worker the refund will be a proportion of the monthly subscription fee, calculated on a pro rata basis.

11.5 Payment of any refunds to a User in accordance with clause 11.4 will be credited to the debit or credit card registered to the User’s account within 7 days of termination or suspension of the Contract. If we are unable to credit the refund to the debit or credit card details registered to a User’s account, we will contact you to arrange for an alternative payment method.

11.6 Any User whose access to the Website has been terminated or suspended under clause 11.3 must not re-register for, or re-access, the Website without our prior written consent.

 

12. INTELLECTUAL PROPERTY RIGHTS

12.1 The Website and all Intellectual Property Rights in it, including any Content, are owned by us. We reserve all of our rights in any intellectual property in connection with these Terms. This means, for example, that we remain owners of them and free to use them as we see fit.

12.2 Nothing in these Terms grants you any legal rights in the Website other than as necessary to enable you to access the Website. You agree not to adjust, to try to circumvent, or delete any notices contained on the Website (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Website.

12.3 The use of any trade marks by you on the Website is strictly prohibited unless you have our prior written permission.

 

13. DISCLAIMER

13.1 While we endeavour to ensure that the information on the Website is correct, we do not warrant the accuracy and completeness of the material on the Website. We may make changes to the material on the Website, or to the products and prices described in it, at any time without notice. The material on the Website may be out of date, and we make no commitment to update such material.

13.2 The material on the Website is provided "as is", without any conditions, warranties or other terms of any kind. Accordingly, to the maximum extent permitted by law, we provide you with the Website on the basis that we exclude all representations, warranties, conditions and other terms (including, without limitation, any conditions implied by law) which, but for these Terms, might have effect in relation to the Website.

13.3 We are not be responsible for the behaviour of Users, whether on the Website or outside of it. We only provide a service for a Customer and Worker to be introduced. We do not pre-screen material contributed by Users (save job advertisements submitted by Customers to us for our distribution to Workers).

 

14. LIMITATION OF LIABILITY

14.1 We exclude all liability and responsibility for any amount, loss or damage (whether direct, indirect or consequential loss) that you may incur in connection with the Website in any way, including:

(a) your use, inability to use, or the results of use of the Website, including any websites linked to the Website or the material on such websites;

(b) any loss or damage due to viruses that may infect your computer equipment, software, data or other property on account of your access to, use of, or browsing the Website; or

(c) your downloading of any material from the Website or any websites linked to the Website.

14.2 Our total liability to a User in respect of all losses arising under or in connection with these Terms or the Contract shall not exceed the total amount paid by a User under the Contract.

14.3 Nothing in these Terms shall exclude or limit our liability for:

(a) death or personal injury caused by our negligence;

(b) fraud or fraudulent misrepresentation; or

(c) any liability which cannot be excluded or limited under applicable law.

14.4 If your use of material on the Website results in the need for servicing, repair or correction of equipment, software or data, you assume all costs thereof.

 

15. EVENTS BEYOND OUR CONTROL

We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

 

16. PRIVACY

You acknowledge and agree to be bound by the terms of our privacy policy, as amended by us from time to time.

 

17. NOTICES

Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at Stoobi.com Ltd, Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 SWB, or by email to This email address is being protected from spambots. You need JavaScript enabled to view it. and all notices from us to you will be by email and sent to the email address you provide on your account.

 

18. SEVERANCE

If any court or competent authority decides that any of the provisions of these Terms are invalid, unlawful or unenforceable to any extent, the term will, to that extent only, be severed from the remaining terms, which will continue to be valid to the fullest extent permitted by law.

 

19. GOVERNING LAW AND JURISDICTION

19.1 These Terms and any dispute or claim arising out of or in connection with them or its subject matter or formation (including non-contractual disputes or claims), shall be governed by and interpreted in accordance with the law of England and Wales.

19.2 Each party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms or its subject matter or formation (including non-contractual disputes or claims).