Fledglink

Legal

These terms and conditions (“terms“) apply to you when you register to use our Fledglink application (“the App“).

“We” are Fledglink Limited (“we”/”us”/”our”). We are a company registered in England (company number 11025086) with our registered office at Granby Space 114-118 Lower Marsh, Lambeth, London, SE1 7AE. If you have any questions about these terms or want to contact us then you can do so at [email protected].

When you register to use the App, you will also be agreeing to our privacy notice and cookie notice, which you can read at https://fledglink.com/legal. The privacy notice sets out very important terms about how we can use and share your data and information, including with third parties.

PLEASE READ THESE TERMS AND THE PRIVACY POLICY CAREFULLY.

BY REGISTERING TO USE OUR APP AND BY CLICKING TO SAY THAT YOU AGREE TO OUR TERMS, YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS OR THE PRIVACY NOTICE YOU SHOULD NOT REGISTER TO USE OUR APP.

YOUR AGE AND STATUS

BY REGISTERING FOR AN ACCOUNT ON OUR APP, YOU WILL BE ASKED TO CONFIRM THAT YOU ARE AT LEAST 13 YEARS OLD. YOU WARRANT TO US THAT YOU ARE AT LEAST 13 YEARS OF AGE, AND THAT YOU ARE CAPABLE OF ENTERING INTO A BINDING CONTRACT. IF WE KNOW OR SUSPECT THAT THIS INFORMATION HAS BEEN PROVIDED INCORRECTLY AND YOU ARE UNDER 13, WE WILL DISABLE YOUR ACCOUNT WITH IMMEDIATE EFFECT.

  1. Your privacy

We only use any personal data we collect through the App in the ways set out in our privacy notice.

Please be aware that internet transmissions are never completely private or secure and that  any message or information you send using the App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

If you apply for a job through the App, we will only share that information with the poster of that job. Where you apply for a job through the App, this will either direct you to the external website of the job provider or a data capture form that we host. We will record the fact that you have applied via the App, and share that information with the job provider.

We may also share information with your school or college to support their ability to track the destination of their leavers as specified in Gatsby Benchmark 3.

  1. We may make changes to these terms

We amend these terms from time to time. We may notify you, via push notification and/or email, when we update these terms, and the amended version of these terms will take effect from the date provided. These terms were most recently updated on 1st April 2020.

  1. Use of the App

We may update and change the App from time to time to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw the App at our discretion.

The App is made available free of charge. If a payment option or feature is introduced, we will update the terms and ask that you agree to those new terms.

We do not guarantee that the App, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of the App for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. Although we make reasonable efforts to update the information on the App, we make no representations, warranties or guarantees, whether express or implied that the content on the App is accurate, complete or up to date.

You are also responsible for ensuring that all persons who access our App through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

  1. Your account

Your account allows you to access parts of the App which are available to registered users only, and is for your own personal use. You are not permitted to allow others to access your account. You must keep your account details safe

On registering for an account, you will be asked to provide your name and password, and you may also be asked to provide other pieces of information as part of our security procedures. You must treat such information as confidential. You must not disclose it to anyone else.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at [email protected]

The App is provided for your non-commercial use. You may not use the App or any content contained therein in connection with any commercial business, such as advertising or promoting a business, or soliciting trade for a business. We may disable or prevent access to your account and/or the App if you are, or we reasonably believe you are, using the App for commercial activity.

  1. Material on the App

All logos and other trademarks on the App are our trademarks or those of employers, recruiters or advertisers, which are trademarks used by us under licence. You are not permitted to use them without our approval.

We are the owner or the licensee of all intellectual property rights in the App, 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 copies, and may download extracts, of any page(s) from the App for your personal use (e.g. your personality results or profile page, and copies of your CV) and you may draw the attention of others to content posted on the App. If you print off, copy or download any part of the App in breach of these terms of use, your right to use the App will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

We may provide e-learning modules via the App. The content of these modules within the App are strictly confidential and will often be provided by third parties. Of course, you are entitled to use the results and reports generated from these modules. However, you may not reproduce or share the content of the e-learning module itself (for example by sharing screenshots or printing copies of these training materials, and providing this to others, so that they can benefit from the module themselves).

Our status (and that of any identified contributors) as the authors of content on our App must always be acknowledged.

  1. Third party links

We are not responsible for third party websites and information that we link to. Where the App contains links to other sites, jobs and resources provided by third parties (for example by directing you to an employer’s recruitment website or application), these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those websites or resources.

Where you register to use our App through a third party platform or App and sign in using your login from that third party platform or App, you authorise us to access and use certain account information from that third party platform or App, as described in our privacy notice.

  1. User generated content

User-generated content is not approved by us

The App may include information and materials uploaded by other users of the App, including to bulletin and discussion boards, job advertisements, news articles, company profiles, job adverts, profile pages etc. This information and these materials have not been verified or approved by us. The views expressed by other users on the App do not represent our views or values.

If you wish to complain about information and materials uploaded by other users please contact us through the reporting feature in the app or by email to [email protected].

  1. Our responsibility for loss or damage suffered by you

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

Please note that we only provide the App for domestic and private use. You agree not to use the App for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

  1. Interactive Features

We may from time to time provide interactive services on the App, including bulletin boards, home feeds, review pages and “comments” and review sections which allow you to interact with (whether in real time or not), other users of the App.

Where we provide any interactive services, we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of the potential risks. However, we are under no obligation to oversee, monitor or moderate any interactive service we provide on the App, and we expressly exclude our liability for any loss or damage arising from the use of any interactive service by a user in contravention of our content standards, whether the service is moderated or not.

 

Uploading content

Whenever you make use of a feature that allows you to upload content, or to make contact or interact with other users of our App, you must comply with the content standards set out in this paragraph.

You warrant that all content provided by you via the App or any third party website or application that links automatically to the App will comply with the spirit and the letter of the following:

Contributions must:

  • Be accurate (where they state facts).
  • Be genuinely held (where they state opinions).
  • Comply with applicable law in the UK and in any country from which they are posted.

Contributions must not:

  • Contain any material which is defamatory of any person.
  • Contain any material which is obscene, offensive, hateful or inflammatory.
  • Promote sexually explicit material.
  • Promote violence.
  • Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
  • Infringe any copyright, database right or trademark of any other person.
  • Be likely to deceive any person.
  • Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence.
  • Promote any illegal activity.
  • Be threatening, abuse or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety.
  • Be likely to harass, upset, embarrass alarm or annoy any other person.
  • Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
  • Give the impression that they emanate from us, if this is not the case.
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

You warrant that any such contribution does comply with the above standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

You are solely responsible for securing and backing up your content.

  1. Our rights in your content

Any content you upload to or that is produced within the app, for example, your profile information, results from exercises or assessments, your contributions to the home-feed, photographs or other content will, in all cases be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you grant to us a worldwide, transferable, sub-licensable right to use, store and copy that content and to distribute and make it available to third parties as set out in this section.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

Please be aware that by submitting content to us including via the App, you are granting a non-exclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right, to and in any such content which (other than any personal data, use of which is limited in accordance with our Privacy Notice), we may use at our absolute discretion. This includes, but is not limited to, sharing content with stakeholders, employers or potential employers, other companies or organisations that advertise on our App (for example universities or educational establishments). We may from time to time show you advertisements or links via the App which are targeted towards you, based on your profile and the way that you have used the App and content you have uploaded to the App. More information on this is set out in the Privacy Notice.

  1. Viruses

We are not responsible for viruses and you must not introduce them. We do not guarantee that the App will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our App. You should use your own virus protection software.

You must not misuse the App by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which our App is stored or any server, computer or database connected to our App.

  1. Suspension/termination of your account

We have the right to suspend or terminate your account, and/or to remove any posting you make on the App if, in our opinion, your post does not comply with the content standards set out in these terms.

Where these terms have been breached we may take such action as we deem appropriate.

In the event that you fail to comply with section 10 of these terms headed “uploading content” we may take all or any of the following actions:

  • immediate, temporary or permanent withdrawal of your right to use our App;
  • immediate, temporary or permanent removal of any posting or material uploaded by you to our App;
  • issue of a warning to you;
  • 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;
  • further legal action against you;
  • disclosure of such information to law enforcement authorities as we reasonably feel is necessary.

We exclude liability for actions taken in response to breaches of these terms by you.  The responses described in these terms are not limited, and we may take any other action we reasonably deem appropriate.

You may cancel your account on the App at any time. However, please note that you will need to keep a back-up copy of any content that you have uploaded to the App. Once you have closed your account we will not be responsible or liable for providing you with copies of any content you have uploaded to the App prior to cancellation, as this will be erased, subject to our archiving procedure for internal purposes. You will be unable to use the App to continue any live job applications, or training or modules you have started to complete at the time you cancel your account, so again please be aware that this content will be lost to you, once you cancel your account.

Which country’s laws apply to any disputes

These terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.