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 1 & 2 The Barn Oldwick, West Stoke Road, Chichester, West Sussex, PO18 9AA;
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.
1.6A 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.
2.2 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.
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 10 (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 Users must be over the age of 16 to have an account on Stoobi in their name. Users under the age of 16 may use the site but the account must be in the name of their parent or guardian and managed by them accordingly.
5.2 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).
5.3 You must not (or attempt to) misuse the Website (including, without limitation, by hacking).
5.4 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 5.2 or clause 5.3.
6.1 This clause is notwithstanding the obligations set out in clause 5 (Visitor Material and Conduct) above.
6.2 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.
6.3 Users must not:
(a) 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;
(b) 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
(c) impersonate any other person or entity, or to use a false name or a name that they have no authority to use.
6.4 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) contact details for the Worker to be able to contact the Customer.
(iii) any key skills required from a Worker to undertake the work required and/or expected;
(iv) the period of employment; and
(v) 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.
6.5 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.
7.1 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.
7.2 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.
8.1 We do not guarantee that our site will be secure or free from bugs or viruses.
8.2 You are responsible for configuring your information technology, computer programs and platform in order to access our site. You should use your own virus protection software.
9.1 You may not link to our Website without our express prior permission. If permission is granted, the terms in this clause shall apply.
9.2 You must establish a link in a way that is fair and legal and does not damage our reputation or take advantage of it.
9.3 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.
9.4 You must not establish a link to the Website in any website that is not owned by you.
9.5 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.
9.6 We reserve the right to withdraw linking permission without notice.
10.1 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.
10.2 We reserve the right to terminate the Contract at any time without reason and without notice to a User.
10.3 Any User whose has access to the Website has been terminated or suspended under clause 10.2 must not re-register for, or re-access, the Website without our prior written consent.
11.1 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.
11.2 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.
11.3 The use of any trade marks by you on the Website is strictly prohibited unless you have our prior written permission.
12.1 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.
12.2 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.
12.3 We will 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).
13.1 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.
(d) Any damage or injury caused by the worker whilst carrying out their job. Stoobi will not be liable for nor mediate in any disputes between customer and worker whatsoever. The website is an introductory platform for customers and workers to meet similar to a village notice board, but online.
13.2 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.
13.3 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.
13.4 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.
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.
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at The Innovation Centre, St Cross Business Park, Newport, Isle of Wight, PO30 5WB or by email to email@example.com and all notices from us to you will be by email and sent to the email address you provide on your account.
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.
18.1 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.
18.2 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).