The following terms and conditions (together with the documents and policies referred to) set out the basis upon which you may access and use our Worksome websites (including without limit www.worksome.co.uk and which are available at any of our regional or other domains or properties) and any related Worksome service, tool or application including without limit any mobile application, API, or other access mechanism and whether operated by Worksome Limited and/or its associate and or subsidiary companies (“our site”), whether as a guest or a registered user (“you” or “your”).
Information about us
Our site operates as a platform through which companies and highly skilled freelance suppliers may register to use the services of our platform (described in our terms of service) and which include but are not limited to the following services; for companies to source services from freelancers through job adverts, for freelancers to bid for jobs to potential customers, for customers to purchase services from freelancers, to enter into contracts for freelancer services, for companies to administer their projects, and for companies to administer payments to freelancers (“our services”).
Agreements for our services
Accessing our site
You can use our site for browsing information about us, our services and policies (“browsing”).
Any person may access our site to register for and utilise our services, however we do not offer our services to any person under the age of 18. You must therefore not use our site other than for browsing or access or use our services unless you are 18 years or older.
Access to our site is permitted on a temporary basis, and we reserve the right to withdraw or amend the service we provide on our site without notice (see below). We will not be liable if for any reason our site is unavailable at any time or for any period.
From time to time, we may restrict access to some parts of our site, or our entire site, to users who have registered with us.
We reserve the right to refuse access to our site to any person or entity and change eligibility criteria at any time or otherwise withdraw access to services (or any part thereof) for any reason at any time.
When using our site, you must comply with our acceptable use terms below.
You are responsible for making all arrangements necessary for you to have access to our site. You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms, and that they comply with them.
Intellectual property rights
With the exception of your content (see Uploading material to our site below), any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, our site (“our content”) included on our site and the copyright and other intellectual property rights subsisting in our content, unless specifically labelled otherwise, belongs to or has been licensed by us. All content (including your content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of material on our site must always be acknowledged. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
You accept that you shall be restrained from initiating any contact with each other which is related to any Job, submitting a final proposal or bid for a Job, or otherwise agree a Job with, other than through our services via our site.
You further agree that in any activity you undertake during or in relation to our site you will not in any way conduct yourself in a manner which is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect, or which gives rise to any civil or criminal liability or which might call us or our site into disrepute.
You agree not to:
- take any action that imposes an unreasonable or disproportionately large load on our site infrastructure (or that of our suppliers);
- attempt to interfere with services to any user, host or network, including, without limitation, via means of submitting a virus to our site, overloading, “flooding”, “spamming”, “mailbombing” or “crashing”;
- use any device to navigate or search our site other than the tools available on our site, generally available third-party web browsers, or other tools approved by Worksome;
- use any data mining, robots or similar data gathering or extraction methods;
- violate or attempt to violate the security of our site;
- forge any TCP/IP packet header or any part of the header information in any e-mail;
- decipher, decompile, disassemble, reverse engineer or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the services;
- register any profile, post any Job or apply for any Job on behalf of another party;
- share with a third party any login account details to our site;
- access data not intended for you or logging into an account which you are not authorised to access;
- submit or otherwise post to our site any incomplete, false or inaccurate biographical information or information which is not your own including any CV which is not genuine;
- post content that contains restricted or password-only access pages, or hidden pages or images;
- solicit passwords or personally identifiable information from other users of our site;
- delete or alter (or any make any attempt to delete or alter) any material posted by any other person;
- harass, incite harassment or advocate harassment of any person; or
- send unsolicited electronic mail or make any unsolicited phone calls promoting and/or advertising products or services to any user, or otherwise contact any users that have specifically requested not to be contacted by you.
Further, you agree you will not use our services or our site for any unlawful purpose or any illegal activity, or post or submit any content, CV, or Job posting that is defamatory, libellous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, or which is otherwise offensive, as determined in our discretion.
For the purposes of the above acceptable use terms, reference to “post” shall mean information that you upload, submit, publish or display on our site.
If we have any reason to suspect or believe that any dealings on our site constitute fraudulent activity, activities related to money laundering, or other wrongful or unlawful dealings (“fraudulent activities”), our site may suspend, restrict, or terminate any registered user’s account with Worksome in our sole discretion. You acknowledge that we may report all such activity to the regulatory authorities and may withhold payments to you, in such circumstances, to the extent permitted by law. You shall hold us harmless from and against any liability resulting from such fraudulent activities.
Reliance on information posted
Commentary and other materials posted on our site are not intended to amount to advice on which reliance should be placed. We therefore disclaim all liability and responsibility arising from any reliance placed on such materials by any visitor to our site, or by anyone who may be informed of any of its contents.
Our site changes regularly
We aim to update our site regularly and may change the content at any time. If the need arises, we may suspend access to our site, or close it indefinitely. Any of the material on our site may be out of date at any given time, and we are under no obligation to update such material.
Accessibility to our site
We endeavour to maintain our site’s operation at all times, but we are unable to guarantee continuous, uninterrupted or secure access to our site. We neither assume nor accept responsibility or liability for any failure, disruption or non-availability of our site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
We provide and maintain our site on an “as is” basis and are liable only to provide our services with reasonable skill and care. We do not warrant that the operation of our site will be uninterrupted or error free.
We give no other warranty in connection with our site and to the maximum extent permitted by law, we exclude liability for:
- any loss or damage of any kind howsoever arising, including any direct, indirect, special, punitive or consequential loss whether or not that loss arises out of something of which we have been made aware;
- the accuracy, currency or validity of information and material contained within our site;
- any interruptions to or delays in updating our site;
- any incorrect or inaccurate information on our site;
- the infringement by any other person of any copyright or other intellectual property rights of any third party through use of our site;
- the availability, quality, content or nature of any external sites;
- any transaction taking place on external sites;
- any transaction with a third-party payment processor taking place on our site;
- any amount or kind of loss or damage due to viruses or other malicious software that may infect a user’s computer equipment, software, data or other property caused by any other person accessing, using or downloading our site or any part of it (save to the extent that damage to your device or other digital content which you own is caused by our site as a result of our failure to use reasonable care and skill in which case you may be entitled to compensation or we may be obliged to repair your device); and
- all representations, warranties, conditions and other terms and conditions which but for this notice would have effect.
Except as provided above there are no other warranties, conditions or other terms and conditions, express or implied, statutory or otherwise, and all of those terms and conditions are hereby excluded to the maximum extent permitted by law.
Information about you and your visits to our site
Uploading material to our site
You agree that we may use, publish, edit, modify, adapt process and store any content that you submit, make available, post to, or transmit to the site (“your content”) for any and all purposes relating to our site and our services and you hereby grant us a non-exclusive, transferrable, sub-licensable, royalty-free, irrevocable, perpetual worldwide licence to use, copy, modify, create derivative works from, distribute, display, publicly perform, and otherwise exploit in any manner such user content and without notice to or consent from you, and without claim for payment to you or to any third party.
You also grant to any Company a non-exclusive, perpetual license to access your content through our site and/or otherwise during the course of any Job or Dialogue.
You represent and warrant that you have the rights to grant such licenses without infringement or violation of any third-party rights. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
The grant of licences above do not confer on upon us any rights of ownership to your content or to any user content or any work, materials or deliverables you create for any Company during a Job.
You represent and warrant to us: (i) that you either are the sole and exclusive owner of all of your user content, and/or that you have all rights, licences, consents and releases, etc. necessary to grant us the licence to the user content as described above; and (ii) that our use of or the sub-licence will not infringe, abuse or violate any third party rights or any applicable law or regulation, irrespective of nature and extent.
You shall not (and shall not permit) any third party to either (a) take any action or (b) upload, download, post, submit or otherwise distribute or facilitate distribution of any user content, project, or proposal on or through the services we provide, including without limitation any of your content, that:
- infringes any patent, trademark, trade secret, copyright or other right of any other person or entity or violates any law or contractual duty;
- you know is false, misleading, untruthful or inaccurate;
- is unlawful, threatening, abusive, harassing, defamatory, libellous, deceptive, fraudulent, invasive of another’s privacy, tortious, obscene, vulgar, pornographic, offensive, profane, contains or depicts nudity, contains or depicts sexual activity, or is otherwise inappropriate as determined by us in our sole discretion;
- constitutes unauthorised or unsolicited advertising, junk or bulk e-mail (“spamming”);
- contains software viruses or any other computer codes, files, or programs that are designed or intended to disrupt, damage, limit or interfere with the proper function of any software, hardware, or telecommunications equipment or to damage or obtain unauthorised access to any system, data, password or other information of ours or of any third party;
- impersonates any person or entity, including any of our employees or representatives; or
- includes anyone’s identification documents or sensitive financial information.
You warrant that any such contribution does comply with those standards, and you indemnify us for any breach of that warranty.
We will not be responsible, or liable to any third party, for the content or accuracy of any materials posted by you or any other user of our site.
Viruses, hacking and other offences
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack.
By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our site or to your downloading of any material posted on it, or on any website linked to it.
Linking to our site
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but 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. You must not establish a link from any website that is not owned by you.
Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page. We reserve the right to withdraw linking permission without notice.
The website from which you are linking must comply in all respects with the content standards set out in these terms.
If you wish to make any use of material on our site other than that set out above, please contact us.
- suspend, whether temporarily or permanently, your Worksome Account and/or your right to access our site;
- remove any of your content or user content submitted by you that violates the acceptable use terms;
- issue you with a written warning;
- take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
- take further legal action against you as appropriate;
- disclose such information to law enforcement authorities as required or as we deem reasonably necessary; and/or
- any other actions which we deem reasonably appropriate (and lawful).
Links from our site
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site although we retain the right to bring proceedings against you for breach of these conditions in your country of residence or any other relevant country.
If you have any concerns about material which appears on our site, please report it to us.