CANDIDATE / FREELANCER TERMS OF SERVICE.

 

 

This page (together with the policies and other documents referred to on it) sets out the terms and conditions applicable to Candidates in relation to their use of our web Site, and service. These Candidate Terms of Service also incorporate our Privacy Policy.

By using the Site or Service in any manner or in providing your services to us, you indicate that you accept these Candidate Terms of Service and our Privacy Policy and that you agree to comply with them. If you do not agree to these Candidate Terms of Service, you may not use any part of the web site, Service.

We may revise these Candidate Terms of Service at any time in accordance with clause [13]. We will notify you of any such changes when you log into your Account and you will be required to agree such changes in order to use the Site or Service.

1  ABOUT US

1.1  The Service is provided by Styzeler recruiting agency for Beauty and Hair (“Styzeler”, “we”, “us” or “our”), a ltd company registered in UK under company number 11340586 Registered office address

Styzeler Kemp House, 152-160 City Road, London, United Kingdom, EC1V 2NX

1.2  If you need assistance or have any queries, please contact us at wearestyzeler@gmail.com

 

2  DEFINITIONS

2.1  The following definitions apply in these Candidate Terms of Service:
Applicant: A person applying to become a Freelancer.

Candidate: An Applicant who has been accepted by us in accordance with these Candidate Terms of Service and is registered as a Freelancer on the Service.

Freelance profile: The Freelancer’s profile area of the Services.

Customer: A company, entity or individual intending to directly hire a Freelancer, or a recruitment company acting on behalf of a company, entity or person intending to directly hire a Freelancer.

Confidential Information: Any confidential or proprietary information in whatever form relating to the business, customers, products, affairs and finances of either party whether or not such information is marked confidential.

Eligibility Requirements: the requirements listed in clause 4.1.

Employment Regulations: Employment Agency Act 1971 (As amended) and other applicable legislation.

Privacy Notice: our Privacy Notice (as amended from time to time), available here.

Position: an employment opportunity made available by a Client for a Freelancer.

Service: all the services, features, functionality and content made available by Styzeler or any Affiliate through the Site.

Site: https://www.styzeler.co.uk / or any successor website operated by Styzeler .

2.2  FREELANCER APPLICATION AND REGISTRATION

2.1  Application: All Candidates must comply with the following Eligibility Requirements:

(a)  be at least 18 years of age;

(b)  provide complete and accurate personal details, such as date of birth, gender, name, address, and such other User Content as specified by us from time to time;

(c)  be legally entitled to work in the UK

2.2  Registration: An Applicant who fulfils the Eligibility Requirements must complete all mandatory areas of the registration process in order to apply to become a Styzeler Freelancer and use the Service. We may use any reasonable means to verify the information given by an Applicant on registration...
2.3  Once an Applicant’s registration has been approved by us, the Freelancer profile will be live and will be permitted to use the Service so long as the candidate satisfies the Eligibility Requirements and is otherwise approved by us. 
2.4  Candidate’s Obligations: Each Candidate must at all times:

(a)  Keep your profile up to date with posting your most recent work

(b)  Keep your email address and all other registration details complete, accurate and up to date and notify us promptly of any changes. We will use this email address to contact you about corporate bookings. Or event bookings.

(c)  Do not create additional registration profile.

(d)   Comply at all times with these Candidate Terms of Service and our Privacy Policy

2.5  You are solely responsible for any and all use of your Freelance profile.

2.6  We have the right to terminate the Freelancer’s ability to use the Service, at any time, for any reason.

2.7  Third Party Websites: Any links provided on the Service are provided for your interest or convenience only and do not represent or imply any endorsement by us of such linked websites and we cannot be held liable for any loss or damage which may arise from use of such third party websites or contracts entered into resulting from the use of such third party websites.

You acknowledge that the use of such third-party websites is governed by the terms and conditions of use applicable to such websites.

2.8  Creating and Posting User Content: You may only create and publish User Content for purposes that are consistent with the Agreement and that are not illegal or otherwise breach Applicable Laws. You may not create any User Content that contains confidential or proprietary information, intellectual property, personal data relating to third parties (including an individual’s name or other information which identifies a living individual) or trade secrets, or which breaches the terms and conditions

2.9  License of User Content: By submitting User Content you hereby grant to us and our licensees a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, transferable and royalty-free licence to use, copy, make, reproduce, display, perform, distribute, sub-licence, sell, delete, edit, prepare derivative works from, analyse and otherwise exploit the User Content for the purposes of providing the Services and operation of our businesses (including by compiling it together with other User Content and anonymising it to perform statistical analysis for comparison or benchmarking purposes) to the extent permitted by applicable laws.

You acknowledge that we are owner of the intellectual property rights in the Content (whether jointly or solely) and that our prior written permission is required for any such use or removal of the Content. Your use of the Content does not give you any proprietary rights in the Content.

2.10  Liability for User Content: By submitting User Content to this Service you acknowledge that any use, display, copying or reproduction that you make of a company trade mark or logo or inclusion of Employer or third party text or other content (including by hyperlink text) constitutes use of third party intellectual property rights and you agree that you are wholly responsible for ensuring that your User Content is permitted.

2.11  Unlawful and Prohibited Use: You may only use the Service for lawful purposes when seeking employment, Permanent or temporary work or help with your career. You must not under any circumstances seek to undermine the security of the Service or any information submitted to or available through it.

  

3  OUR STATUS

Styzeler is not an employment agency or employment business for the purpose of the Employment Regulations

We therefore; Styzeler does not:

(a)  obtain confirmation of the identity of any Freelancer or Customer, or the nature of any Customer’s business;

(b)  obtain confirmation of the position which the Customer seeks to fill (and any relevant details such as location, hours, pay, expenses, health and safety risks or length of notice) applicable to such position;

(c)  obtain confirmation that the Freelancer is willing to work in the position which the Customer wishes to fill;

(d)  obtain confirmation of the experience, training, qualifications and any authorisation which the Customer considers necessary, or which is required by law or any professional body, to work in the position the Customer wishes to fill or whether a candidate has such experience, training, qualifications or authorisation;

(e)  take any steps to ensure that the Candidate and Customer are aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled;

(f)  take any steps to ensure that it would not be detrimental to the interests of the work-seeker or Customer for the work-seeker to work for the Customer in the position to be filled;

(g)  provide any information to any Customer that a Candidate is suitable or unsuitable for a position at any time;

(h)  provide any references or copies of relevant qualifications or authorisations of any Candidate .

(i)  make any accommodation or travel arrangements for any Candidate

 

 

4   THE PROCESS
4.1  The purpose of the Site is to connect Client with Freelancers through a transparent and non-binding matching and interview request process.

4.2  Customers wishing to engage a Freelancer on a temporary base or permanent position will provide us with information describing the Position and requirements. You accept that we do not undertake background checks on Customers or have any responsibility or liability for the content of any communication or information provided to you about a Position.

4.3  We will match the information provided by Customers against Freelancer Profiles. Customers will be able to view the profiles of suitable Freelancers which match their Positions.

4.4  Any booking received needs to be conferment or cancelled within two hours of receiving the notification

4.5  If you receive an offer of employment through the Site, then you and the Customer are responsible for agreeing and entering an employment contract and we will not be a party to that agreement. You accept that all matters relating to the employment relationship are to be resolved between you and the Customer.

4.6  You agree that if you receive an offer of employment by reason of the use of the Services then you will immediately notify us of the engagement , including start date

 

5. SUCCESS FEES  

5.1  There is no charge to register on the Site.

5.2  We charge the Customer a success fee if a position is filled Temporary or Permanent by using the Services,

 

6  OUR LIABILITY

6.1  We shall provide the Services with reasonable skill and care and provide you with access to the Site and the Services.

6.2  The Site and Services are provided on an ‘as-is’ and ‘as available’ basis. We do not warrant that a Freelancer will find a job nor that a Customer’s job is suitable for a Freelancer. To the maximum extent permitted by law: 

(a)  we disclaim all liability whatsoever, whether arising in contract, tort (including negligence or under statute) or otherwise in relation to the Site and the Services; and 

(b)  all implied warranties, terms and conditions relating to the Site (whether implied by statute, common law or otherwise), including (without limitation) any warranty, term or condition as to accuracy, completeness, satisfactory quality, performance, fitness for purpose, availability and non-infringement are excluded.

6.3  Although we ask registered users for certain information relating to their identity, we do not warrant this information has been confirmed or verified and we are not responsible for ensuring the accuracy or truthfulness of registered users’ purported identities or the validity of the information that they provide to us.

6.4  We will not be liable in contract, tort (including negligence) or otherwise incurred by you in connection with the Site or Services or in connection with the use, inability to use, or results of the use of the Site or Services for any (i) loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (whether direct or indirect) or any indirect or consequential losses; (ii) loss of data; (iii) any loss arising from your failure to provide accurate and complete information when required to do so.

6.5  Our total liability to you is limited to the amount of the success fee we have been paid by a Customer in respect of the Position to which your claim relates.

6.6  Nothing in these Candidate Terms of Service shall limit or exclude our liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our agents or employees or for any other liability that cannot be limited or excluded by law.

 

7  CONFIDENTIALITY

7.1  You acknowledge that in the course of using the Services you may have access to Confidential Information. You shall not at any time use or disclose to any third party (and shall use your best endeavours to prevent the publication or disclosure of) any Confidential Information. 

7.2  The restriction in clause 7.1 does not apply to: 

(a)  any use or disclosure required by law, or 

(b)  any information which is already in, or comes into, the public domain otherwise than through your unauthorised disclosure. 

7.3  Information relating to Customers is the Confidential Information of Styzeler for the purposes of these Candidate Terms of Service.

8.  TERMINATION

8.1  We may terminate the right for the Candidate to use the Service at any time for any or no reason on one day’s notice to the Candidate.

8.2  The Candidate may terminate its registration as a Freelancer at any time by cancelling his or her profile . 

9  DATA PROTECTION

We process personal data in accordance with our Privacy Policy. Please ensure that you have read and understood our Privacy Policy before using our Service. Any changes to our Privacy Policy will be posted to our site. Please note that where you provide personal data to any Customer through the Service, we are not responsible for the Customer’s use of the personal data that you have provided or any third party profile which you have added to your personal profile on the Site and we have made available to the Customer.

INTELLECTUAL PROPERTY RIGHTS

10.1  We are the owner or the licensee of all intellectual property rights in the Site and the Service and in the material published on it. Those works are protected by copyright laws and treaties around the world.  All such rights are reserved.

11.2  Save as expressly set out in these Candidate Terms of Service; you shall have no right, title or interest in and no right to use in any way whatsoever the Site or Service.

13  VARIATIONS TO THESE CANDIDATE TERMS OF SERVICE

13.1  We amend these Candidate Terms of Service from time to time. You will be notified of any change to these Candidate Terms of Service when you log into your Candidate Account and such changes will be binding on you if you continue to use our Site or Service. However, if you have started but not completed an Assignment prior to the change in our Candidate Terms of Service, the Candidate Terms of Service in force at the time the contract for such Assignment was made will apply to that Assignment.

14  BREACH OF THESE CANDIDATE TERMS OF SERVICE

14.1  If you fail to comply with or breach these Candidate Terms of Service (or we have reasonable grounds to believe that you have done so) we may take all or any of the following actions:

(a)  Immediate, temporary or permanent withdrawal of your right to use the Site and Service;

(b)  Immediate, temporary or permanent removal of your content (or any part of your content) from the Site and Service;

(c)  Issue of a warning to you;

(d)  Legal proceedings against you for reimbursement of all costs on an indemnity basis (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;

(e)  Further legal action against you.

(f)  Disclosure of such information to law enforcement authorities or third parties as we reasonably feel is necessary.

14.2  The actions in clause 14.1 above are not limited, and we may take any other action we reasonably deem appropriate.

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16  NOTICES

All notices given by you to us must be given to us at our address or email address given at the beginning of these Candidate Terms of Service. We may give notice to you at either the email or postal address you provide to us when registering with us or by posting changes on the Site.  Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent, or 3 days after the date of posting of any letter. In proving the service of any notice, it will be sufficient to prove, in the case of a letter, that such letter was properly addressed, stamped and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.

17  EVENTS OUTSIDE OUR CONTROL

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control, including adverse weather, strikes or other industrial action, riot or civil commotion.

18  GENERAL

18.1  Any failure by us to insist upon strict performance of any of your obligations under these Candidate Terms of Service or any contract with us, or any failure by us to exercise any of the rights or remedies to which we are entitled, is not a waiver by us of such rights or remedies and will not relieve you from compliance with such obligations.  Any waiver must be agreed by us in writing.

18.2  We intend to rely upon these Candidate Terms of Service and any document expressly referred to in them in relation to the subject matter of any contract between us. These Candidate Terms of Service (including the documents referred to in these Candidate Terms of Service) constitute the entire agreement between you and us relating to the Service, Site and the receipt of any services from us.

19  JURISDICTION AND APPLICABLE LAW

19.1  The England & Wales courts will have exclusive jurisdiction over any claim arising from, or related to, the Site and Service although we retain the right to bring proceedings against you for breach of these Candidate Terms of Service in your country of residence or any other relevant country.

19.2  These Candidate Terms of Service and any dispute or claim arising out of or in connection with them or their subject matter or formation (including non-contractual disputes or claims) shall be governed by and construed in accordance with the laws of England & Wales

 

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