- Terms & Conditions
Last Revised: February 3, 2024
Introduction
Welcome! You are entering into this Agreement with Sapivo Ltd. (Sapivo, “We”, “Our”, or “Us”). When You (individually or the company that You represent) use Our Services, You are agreeing to the Terms of Service (the “Agreement”) below. By accessing the Services, You agree to be bound by this Agreement, and any additional terms referenced herein, which sets out the terms in which We process from You, or provided to Us. If You do not agree to this Agreement, and any other referenced agreements or documentation, You must not access the Services. In agreeing, You also represent that You have the authority to bind Yourself and/or the company You represent, and have disclosed all information to Sapivo as necessary to perform the Services. Capitalised terms are as defined throughout this Agreement.Services
This Agreement applies to all Sapivo related services, sites, apps and communications that state that they are offered under this Agreement (the “Service(s)”). This Agreement applies to all registered users of Our Services (“User(s),” or as used herein, “You,” “Your”, “Yourself”), including, but not limited to, Users who are seeking employment and/or contractor opportunities (“Candidates”) and companies interested in hiring or engaging Candidates ("Recruiters").Registration and Account Information
In order to use Our Services, You must register for an account. In registering, You agree to provide accurate, current, and complete information about Yourself (“Registration Data”) and update it as necessary. If Sapivo has reason to believe that Your Registration Data is inaccurate, outdated, or incomplete, Sapivo may suspend or terminate Your account. You agree You will not: - create an account using a false identity or information that is not your own; - have more than one account; or - create an account or use the Services if You have been previously removed from the Services.
We reserve the right, in Our sole discretion, to accept or reject Your registration to use Our Services, as well as suspend or terminate Your account for any reason, or no reason at all. You are responsible for maintaining the confidentiality of Your password and account and will be fully responsible for any and all activities that occur under Your account. You agree to immediately notify Us of any unauthorised use of Your account or any other breach of account security.Your Responsibilities
You are responsible for Your use of the Services and for any use of the Services made using Your account, including by any third parties. When using Our Services, You agree that You will not: - copy or distribute any part of the Services, including by way of automated or non-automated “scraping”; - use any automated systems including “robots” and “spiders”; - interfere with or compromise Our systems’ integrity or decipher any server transmissions; - impose any unreasonably large load on Our infrastructure; - upload viruses or worms to the Service; - collect or retain any personally identifiable information contained in the Service beyond the permitted use hereunder; - access the Service by any means other than authorised herein, including virtual private networks which are expressly forbidden; - stalk, harass, bully or harm others; - impersonate any person or entity; or - hack, spam, phish, or otherwise provide fraudulent, manipulative, or inflammatory content.
Your continued access to Our Services are contingent on Your agreement to act in a professional manner. You agree, represent, and warrant that any personally identifiable information of third parties You provide or upload to Sapivo pursuant to Your use of Our Services, including the Assessments or Sapivo Match Services, will be provided with all complete and legal consents and permissions to provide Sapivo with such information.Third Party Agents
Recruiters may permit third-party agents to use the Service on their behalf (“Third-Party Agents”) but will remain fully responsible for their Third-Party Agents’ actions, and any breach of this Agreement by a Third-Party Agent shall be deemed to be a breach by the Recruiter. The Service is to be accessed by Recruiters and its designated Users only and only for Recruiters’ internal business purposes, not for resale or unauthorised distribution to any third-party.Third Party Services
Sapivo may provide to You, or provide Your Content to, certain third-party services or third-party service providers (collectively, “Third-Party Service(s)”) which may also provide to You links to sites, job postings, email and telephone correspondence and other offers outside of the Sapivo network. Such Third-Party Services are provided “AS IS” without indemnification, support, or warranty of any kind, and this Agreement does not apply to Your use of any such provided Third-Party Services. You are responsible for evaluating whether You want to access or use such Third-Party Services, and, in certain circumstances where required or applicable, may opt-out from such Third-Party Services available outside of the Sapivo network, or may choose to not utilise such Third-Party Services at any time. We reserve the right to suspend Third-Party Services at any time. You should review any applicable terms and/or privacy policies of a Third-Party Service before using it or sharing any information with it, because You may give the operator permission to use Your information outside of what You have agreed to herein. Sapivo is not responsible for, nor endorses any features, content, advertising, products, or other materials on or available from such Third-Party Services.Your Content
As Users of Our Services, all information You post, transmit, or submit through Our Services (“Content”) is intended to be shared with other Users. By submitting any Content to Us, You hereby represent and warrant that You own all rights to the Content and/or, alternatively, that You have the right to give Us the license described below, including the correct and legal permissions and consents for any personally identifiable information You may provide to, or upload by way of, the Sapivo Service(s). You further represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third-party. We are not under any obligation to review any Content posted by Our Users on Our Services, although We reserve the right to do so with or without notice, to prevent or rectify any alleged violations of this Agreement or any applicable law. . We may refuse to accept or display the Content, and may remove or delete all or any portion of the Content at any time. You understand that Sapivo is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Sapivo. You further understand and acknowledge that You may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies You have or may have against the Sapivo Parties with respect thereto. Any and all Content You upload is not considered confidential by Sapivo, will be treated as public information, and You agree and understand is intended to be shared with other Users of Our Services as well as third parties, all in Sapivo’s sole discretion, and Sapivo has no control or liability over what other Users do with Your Content. You understand and agree that Sapivo will not be liable for any treatment of Your Content as confidential and waive all rights with respect to any such claims of confidentiality. If You do not agree that Your Content will be considered public and will not be considered confidential, You must not use the Service.Limitations On Liability
Sapivo is not liable for: (a) any Content posted on Our Services; (b) contracts or other obligations that may arise between Users; (c) any damages that result through Your use of Our Services in violation of this Agreement; (d) any negative or critical comments that may be posted by other Users through the Services; (e) any of the Third-Party Service(s) You may be provided pursuant to Your use of the Services; or (f) any third-party personally identifiable information You upload or provide to Sapivo pursuant to the Services.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, YOU UNDERSTAND AND AGREE THAT IN NO EVENT SHALL SAPIVO BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE SERVICE, WHETHER OR NOT SAPIVO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, OR FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SERVICE, ON ANY THEORY OF LIABILITY (INCLUDING CONTRACT, TORT INCLUDING NEGLIGENCE, OR HOWSOEVER OTHERWISE) ARISING OUT OF, IN CONNECTION WITH, OR RESULTING FROM: (i) THE USE OR INABILITY TO USE THE SERVICES; (ii) STATEMENTS OR CONDUCT OF ANY THIRD-PARTY ON THE SERVICES; OR (iii) ANY OTHER MATTER RELATED TO THE SERVICES.
THE LIMITATIONS OF THIS SECTION WILL NOT APPLY TO ANY LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY LAW.Intellectual Property Rights
The entirety of the Services, along with any logos, features, trademarks, designs, or the like contained therein (“Marks”), are owned by or licensed to Sapivo, subject to copyright and other intellectual property rights under United Kingdom and foreign laws and international conventions. Sapivo reserves all rights in and to the Services. You agree You will not use, copy, or distribute any content contained within the Services beyond the authorised use hereunder.Disclaimer Of Warranties
SERVICES ARE PROVIDED TO YOU AS IS. SAPIVO PARTIES EXPRESSLY DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS SUCH AS WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT.
SAPIVO PARTIES MAKE NO GUARANTEE THAT: (A) THE SERVICES WILL MEET YOUR REQUIREMENTS; (B) YOUR USE OF THE SERVICES WILL BE UNINTERRUPTED, SECURE, OR ERROR-FREE; (C) THE SERVICES WILL BE ACCURATE OR RELIABLE; OR (D) ANY ERRORS IN THE SERVICES WILL BE CORRECTED.
YOU AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF OUR SERVICES. YOU UNDERSTAND AND ACKNOWLEDGE THAT ANY COMMUNICATION SENT THROUGH THE SERVICE MAY BE VIEWED BY THIRD PARTIES AND, AS SUCH, ARE NOT CONSIDERED CONFIDENTIAL AND SAPIVO HAS NO RESPONSIBILITY, CONTROL OVER, OR LIABILITY FOR THE CONTENT OF THOSE MESSAGES, ANY ATTACHMENTS TO THOSE MESSAGES, OR THE CHOSEN RECIPIENTS BY THE SENDER, WHETHER SENT THROUGH THE SERVICE, OR VIA YOUR PREFERRED E-MAIL SERVICE.Indemnity
You agree to defend and indemnify the Sapivo Parties from and against any third-party claim, including reasonable lawyer’s fees, court costs, settlements, and disbursements, from or relating to: (a) Your Content; (b) Your use of and access to the Services in violation of this Agreement; (c) Your violation of this Agreement; (d) Your violation of any law, rule, or regulation, or the rights of any third-party, including Your upload or provision of personally identifiable information through the Service; (e) Your use of any Third-Party Services; and (f) claims alleging that the Sapivo Parties and the Recruiter are joint employers.Governing law
These terms and conditions are governed by and construed in accordance with the laws of England and Wales.
Any dispute you have which relates to these terms and conditions, or your use of Sapivo services (whether it be contractual or non-contractual), will be subject to the exclusive jurisdiction of the courts of England and Wales.Changes to these terms and conditions
Please check these terms and conditions regularly. We can update them at any time without notice.
You’ll agree to any changes if you continue to use Sapivo services after the terms and conditions have been updated.