86STAFF: Terms and Conditions of Use

1. Introduction

1.1 The 86STAFF website (the Site) is owned and operated 86Staff Ltd, a company registered in England and Wales with registered number 11032364  and with its registered office at 75 Upland Way, Epsom, KT18 5SN (86STAFF, we, us).  By using the Site you agree to be bound by these terms of use (the Terms) together with the privacy and cookie policy accessible in the Site (the Privacy & Cookie Policy). These Terms and the Privacy & Cookie Policy affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by these Terms and/or the Privacy Policy, do not use the Site. If you have any questions, you can contact us by email at [email address].

1.2 We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email.  Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing these Terms so that you are aware of any changes to them.

1.3 The Site operates as a job board platform for the hospitality industry. We enable (a) Venues to post job opportunities and search Freelancers’ CVs; and (b) Freelancers to interact with other Freelancers; and (c) Freelancers to search and apply for job opportunities.    The Job Ads on the Site are provided for information purposes only.  We do not seek to introduce work-seekers to recruiters and/or hirers or vice versa, in respect of any specific vacancy or otherwise. Accordingly, we do not act as an employment agency and/or an employment business.

 

2. Definitions

2.1 In these Terms, the following words have the following meanings:

Fees: the fees due from the Venue;
Freelancer: an individual who registers on the Site in order to search job opportunities;
Job Ad: the employment opportunity posted on the Site by a Venue;
Site: the 86STAFF website.
Site Content: all materials on the Site, including all information, data, text, images, recordings and software excluding any content posted by a Venue and/or a Freelancer.
Terms: these terms and conditions.
Venue: a business or other entity who registers on the Site in order to post job opportunities and search individuals’ CVs, and each such business or other entity shall register each of its venues with a separate 86STAFF account.
You: any user of the Site, including a Venue and/or a Freelancer.

2.2 In these Terms (a) headings are for convenience only and do not affect interpretation; (b) words in the singular include the plural; and (c) including means including but not limited to.

2.3 Any reference to a statutory provision shall be a reference to such provision as may be updated or amended from time to time.

 

3. Registering on the Site and Use of the Site

3.1 You can register with the Site through your Face book or Gmail account.  Or you can register with us directly. When you do so you will create a username and password. You are responsible for keeping your username and password confidential and you are responsible for any activity under your 86STAFF account. Please take precautions to protect your password and contact us immediately by email at at [email address] if you believe there has been any unauthorised use of your 86STAFF account.   

3.2 When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to (a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site; (b) harvest or otherwise collect non-public information about another user obtained through the Site (including without limitation email addresses), without the prior written consent of the holder of the appropriate rights to such information; (c) add a Site user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes; and/or (d) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.

 

4. Freelancers

4.1 If you wish to register as a Freelancer on the Site, you must (a) be at least 18 years old; (b) be legally capable of entering into a contract; (c) not have any criminal conviction anywhere in the world, excluding an offence under road traffic legislation in the United Kingdom or elsewhere for which your are not sentenced to any term of imprisonment whether immediate or suspended; (d) have all appropriate qualifications necessary for the sort of work you are seeking, including for security services, an SIA licence; and (e) be legally entitled to work in the UK. At our request, you shall provide evidence of your compliance with this Condition 4.1.

4.2 No fees are due from Freelancers in relation to the registration and use of the Site.

4.3 Freelancers are encouraged to create a profile and upload a CV to the Site. Users may also contact and interact with other Freelancers on the Site to form a team to respond to a Job Ad.  You warrant and represent all content included in a profile, your CV and any interactions on the Site must not (a) breach the provisions of any law, statute or regulation including any data protection laws and/or regulations; (b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; (c)  be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence; (d) be deliberately or knowingly false, inaccurate or misleading; (e) include any content which promotes fraudulent, obscene, pornographic, inappropriate or illegal activities; promotes violence or hatred; is or discriminatory of any group of people; is sexually explicit; or is obscene, offensive, hateful or inflammatory; and/or (f) give rise to any cause of action against 86STAFF.

4.4 We do not monitor or review any content uploaded to the Site by a Freelancer.  However, we may remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 4.3.

4.5 You agree to keep your diary of availability up-to-date and to remove your CV and profile from the Site if you are no longer seeking a job.

4.6 The Freelancer agrees that it is self-employed and is not an employee of 86STAFF. The Freelancer is responsible for making appropriate PAYE deductions for tax and national insurance contributions and the Freelancer shall indemnify 86STAFF (on a full indemnity basis) in respect of any claims or demands which may be made by the relevant authorities against 86STAFF in respect of income tax and national insurance contributions (or their local equivalent) relating to the Freelancer, including any interest or penalties and any costs or expenses we incur in relation to the claim.

 

5. Venues and Job Ads

5.1 If you wish to register as a Venue on the Site, you must (a) have the authority to bind the Venue to these Conditions; (b) be based in the UK. At our request, you shall provide evidence of your compliance with this Condition 5.1.

5.2 The Fees due from Venues to register on the Site are set out here [link to Fee Page].  For the avoidance of doubt, each Venue registered must relate to a single location only, and accordingly, Fees are due for each location that may seek a Freelancer to provide services.  Each location has a free 30 day trial period.  If the Venue continues to use the Site after such trial period, then the Fees are due, and the Venue agrees that the Site is fit for its purposes and of a satisfactory standard.

5.3 If a Venue fails to pay any sums properly due within 30 days of the due date, then without prejudice to any other rights or remedies available to us, we shall be entitled to (a) terminate or suspend your registration on the Site; and/or (b) claim costs and interest on any overdue sums, accruing from the due date up to the date of actual payment in accordance with the Late Payment of Commercial Debts (Interests) Act 1998.

5.4 The payment processing services on the Site are provided by STRIPE and are subject to their terms of use. As a condition of 86STAFF enabling payment processing services, you agree to provide 86STAFF accurate and complete information, and you authorise 86STAFF to share it and transaction information related to your use of the payment processing services provided by the third party payment provider.

5.5 Venues should include all appropriate information in a Job Ad to enable a Freelancer properly to consider the job in question.  In addition, Venues warrant and represent that all content that they post on the Site, including within their profile with a Job Ad, must not (a) breach the provisions of any law, statute or regulation including the Equality Act 2010 and the Data Protection Act 1998; (b) infringe the copyright, database rights, trade mark rights or other intellectual property rights of any third party; (c) be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence; (d) be illegal, dishonest, false, inaccurate or misleading; and/or (e) give rise to any cause of action against 86STAFF.

5.6 We do not monitor or review any content uploaded to the Site by a  Venue. However, we may (a) require you to amend any such content; and/or (b) remove any such content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 5.5. In such circumstances, no refund of the Fee shall be due to the Venue.

5.7 Following receipt of a Job Ad, we shall host the Job Ad in accordance with these Terms on the Site for [ ].   If the vacancy to which the Job Ad relates is filled whilst the Job Ad is featured on the Site, you agree to promptly remove the Job Ad from the Site.

5.8 Venues shall treat all personal data and other information relating to a Freelancer as confidential and keep all such information secure, and not share such data with any third party, or use such data for any purpose except to consider the Freelancer’s suitability for a current job vacancy within the Venue’s business. Venues shall take appropriate security measures (including physical, electronic and procedural measures) to help safeguard such personal data from unauthorized access, loss and disclosure and shall otherwise comply with all applicable laws and regulations relating to data protection. Venues shall ensure that individuals processing personal data of a Freelancer are subject to a duty of confidence in relation to such personal data. Venues shall assist 86STAFF in providing subject access and allowing data subjects to exercise their rights under applicable laws and assist 86STAFF in meeting its legal obligations in relation to the security of processing, the notification of personal data breaches and data protection impact assessments. At the request of 86STAFF, Venues shall submit to audits and inspections by 86STAFF to ensure that it is complying with its obligations under this Condition 5.8 and shall notify 86STAFF if it is requested to take any action in breach of any applicable data protection legislation.   

5.9 Freelancers agree that 86STAFF shall be entitled to reproduce and use the Venues name and associated logos within publicity for the Site and the 86STAFF business.

 

6. Suitability of Venues and Freelancers

6.1 Venues and Freelancers acknowledge and agree that the Site is provided for information purposes only.  86STAFF does not seek to introduce or supply Freelancers to Venues or vice versa, in respect of any specific vacancy or otherwise. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm the identity and/or suitability of a Freelancer for a particular job and/or the suitability of a particular job for a Freelancer.

6.2 It is therefore the responsibility of a Venue to ensure the Freelancer is suitable for a particular job, and also the responsibility for the Freelancer to ensure that the job and the Venue is suitable for their purposes.  All normal, prudent checks should be carried out by Venues and Freelancers, including identity checks, qualifications, experience, a detailed understanding of the position that is offered (hours, location, pay), health and safety issues and legal requirements.

 

7. Site Communications and Availability

7.1 All communications between the Venues and Freelancers must be fair, honest and appropriate in the context of the Venue/potential employee relationship.  In particular, you warrant and represent that your communications shall not include content that (a) is defamatory, obscene or offensive; (b) is in breach of applicable laws; (c) harasses another user; (d) involves the transmission of junk mail or spam; (e) engages in commercial activities not relating to the Job Ad in question; (f) is inciting hatred of any sort; and/or (g) contains any virus or malicious code.

7.2 We will use reasonable endeavours to maintain and make available to you the Site available at all times.  However, there may be occasions when access to the Site may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment.  We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.

7.3 For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.

 

8. Disclaimer – Your attention is particularly drawn to these provisions

8.1 You agree that 86STAFF has no responsibility and/or liability for any errors or omissions in any content posted by a Venue and/or a Freelancer, including a Job Ad.  We accept no obligation to verify or review such content. Furthermore, we do not warrant that any Freelancer shall find a suitable job, or that a Venue shall find a suitable candidate for their vacancy.   

8.2 We shall have no liability for any act or omission of a Freelancer and/or a Venue, including in relation to any services that the Freelancer has been engaged to provide and/or any payments due from the Venue to the Freelancer.

8.3 Subject to Condition 8.6, 86STAFF shall in no circumstances be liable to any user of the Site in contract, tort (including negligence) or otherwise for any (a) loss of profit, anticipated profits or business; (b) loss of data; (c) loss of opportunity; (d) loss of revenue; (e) loss of goodwill or reputation; and/or (f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).

8.4 Subject to Condition 8.6, 86STAFF’s maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed the total Fees paid by you to 86STAFF in the six (6) months preceding the date on which the liability arose.

8.5 If you are a Freelancer and there is a problem with the Site that damages a device or any other digital content belonging to you and this is caused by our failure to use reasonable skill and care, we will either repair the damage or pay you compensation up to £20 per device. However, we will not be liable for damage which you could have avoided by following our advice to download and install an update offered to you for free or for damage caused by you failing to correctly follow instructions about use or anything in the documentation on the Site.

8.6 Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.

 

9. Indemnity

The Venue shall indemnify and keep indemnify and held harmless 86STAFF from and against any costs, claims, losses, damages, expenses and liabilities that 86STAFF may suffer or incur arising as a result of:

9.1 any claim or allegation in relation to the content of a Job Ad; and

9.2 any claim or allegation from a Freelancer or any third party relating to the acts or omission of the Venue, including any claim for sums due or for personal injury or death.

 

10. Intellectual Property Rights

10.1 The copyright in all Site Content is owned by or licensed to 86STAFF. All rights are reserved. You can view, print or download extracts of the Site Content for your own use in order to seek employment or seek employees and for no other purposes.  You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission.

10.2 You acknowledge that 86STAFF is a trade mark, and you may not use or reproduce the mark without our prior written consent.

 

11. Termination or Suspension

11.1 We reserve the right to suspend or terminate the account of a Venue or a Freelancer at any time and without liability  (a) if any information that you provide to us is not true or we cannot verify or authenticate any such information; (b) you are in breach of these Terms; (c) you are convicted of a criminal offence or act in any way that may bring 86STAFF into disrepute; (d) after a six (6) months continuous period of inactivity; and/or (e) if we receive complaints or disputes are raised in relation to your activities on the Site.

11.2 Following termination by us of your 86STAFF you must cease to use the Site and you must not re-register on the Site under any other name.

11.3 You may contact us at any time to terminate your 86STAFF account, and provided there are no outstanding sums due or payable, we shall delete the account within 10 days of receipt of such a notice.

 

12. General

12.1 These Terms and the Privacy & Cookie Policy (as amended from time to time) constitute the entire agreement relating to your use of the Site.

12.2 If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.

12.3 Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

12.4 We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.

12.5 We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business.

12.6 These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.

 

Last updated: December 2017