TERMS AND CONDITIONS
This Terms of service (“agreement”) is between you the [“User” or “you”] and HIREVISER.COM (collectively, “HIREVISER”, “we”, “our” and “us”.)
This agreement governs your access to and use of our services, the coaching available at www.hireviser.com, and our other covered services that link to these Terms (collectively, the “Services”), and any information, text, links, graphics, photos, audio, videos, or other materials or arrangements of materials uploaded, downloaded or appearing on the Services (collectively referred to as “Content”). By using the Services, you agree to be bound by these Terms.
Therefore, the use of www.hireviser.com is subject to the following terms and conditions. HIREVISER reserves the right to update the Terms and Conditions at any time without notice to the user. The most current version of the Terms and Conditions can be reviewed by clicking on the ‘Terms of service’ hypertext link located at the bottom of our webpages.
You may use the Services only if you agree to form a binding contract with HIREVISER and are not a person barred from receiving Services under the laws of the applicable jurisdiction. In any case, you must be at least 16 years old, to use the Services. If you are accepting these Terms and using the Services on behalf of a company, organization, government, or other legal entity, you represent and warrant that you are authorized to do so and have the authority to bind such entity to these Terms, in which case the words “you” and “your” as used in these Terms shall refer to such entity.
You will use this site in a manner consistent with any, and all, applicable laws, legislation, rules and regulations. If you violate any restrictions in these terms, you agree to indemnify HIREVISER for any losses, costs or damages, including reasonable legal fees, incurred by HIREVISER in relation to, or arising out of, such a breach.
- ABOUT HIREVISER SERVICES
2.1 HIREVISER is an online marketplace where career coaches (“Sellers”) can list their profiles and available times, and learners can schedule time with the Seller and make payment. Payment will be made to the Seller, less the Commission deducted by HIREVISER for the use of its platform. The HIREVISER service can be accessed from devices with Internet Connectivity, such as personal computers, tablets and smartphones. After registering on the platform, Users can create a customized profile revealing information about themselves.
2.2 The Services provide a venue for users to interact with each other, and to buy and sell services. HIREVISER does not pre-screen a user or the Content provided by a user, nor is HIREVISER directly involved in transactions between users. Consequently, HIREVISER has no control over, and you agree that HIREVISER is not responsible or liable for, any of the following:
- The quality, safety, morality or legality of any aspect of the services listed.
- The truth or accuracy of the listings, the ability of sellers to provide such services or the ability of buyers to pay for such services.
- The true identity, age, nationality, or sense of humour of a user.
- Any Content posted by users.
2.3 You are encouraged to use the features and functions available on the Services to communicate with other users and/or to find out more about a Service which a user has put up for sale. However, please exercise common sense and good judgment in your interactions with other users. While HIREVISER endeavours to keep the Services safe for everyone, your use of the Services and your interactions with other users is entirely at your own risk.
These general terms and conditions (the “Conditions”) apply to:
(a) The use of any information, pictures, documents and/or other services offered by HIREVISER via www.hireviser.com (“Website or site”);
(b) The listing of vendor services displayed on the Website as a marketplace.
- EXCLUSION OF LIABILITY FOR EXTERNAL LINKS
The Website may provide links to external Internet sites. HIREVISER hereby declares explicitly that it has no influence on the layout or content of the linked pages and dissociates itself expressly from all contents of all linked pages of third parties. HIREVISER shall not be liable for the use or content of Internet sites that link to this site or which are linked from it. Our privacy and cookie notice do not apply to any collection and processing of your personal data on or through such external sites.
- YOUR ACCOUNT
5.1 You will be required to create an account on the Site before using the Services, your email address and password will be chosen by you. You are responsible for all actions taken under your chosen email address and password.
5.2 By creating an account on the Site you warrant:
5.2.1 That all the details you provide are true, accurate, current and complete in all respects;
5.2.2 To only create one (1) account and to only use the Site using your own username and password;
5.2.3 Not to disclose your password to anyone and to make every effort to keep your password safe;
5.2.4 To change your password immediately upon discovering that your account has been compromised; and
5.2.5 To notify us if you suspect someone has accessed your account without permission.
5.3 HIREVISER reserves the right to terminate your account and to suspend or terminate your access to the Site immediately and without notice to you if:
5.3.1 You breach these Terms;
5.3.2 You are impersonating any other person or entity;
5.3.3 When requested by us to do so, you fail to provide us within a reasonable time with sufficient information to enable us to determine the accuracy and validity of any information supplied by you, or your identity; and/or
5.3.4 HIREVISER suspect you have engaged, or are about to engage, or have in anyway been involved, in fraudulent or illegal activity in relation to your use of the HIREVISER platform.
- USE OF SERVICES/USER PROHIBITIONS
6.1 Subject to your compliance with these Terms, HIREVISER grants you a limited, non-exclusive, revocable (with or without cause), non-transferable right and license to use the Services.
6.2 You shall use the Services in accordance with these Terms and shall not:
- Use any Content (as defined below) that violates or infringes another party’s rights of publicity, Privacy, Copyright, trademark or any other intellectual property right.
- Copy, decompile, reverse engineer, disassemble, attempt to derive the source code of, decrypt, interfere with, or disrupt the integrity or the performance of the services.
- Violate any applicable laws, rules or regulations in connection with your access or use of the Services.
- Use the Services in violation of or to circumvent any sanctions or embargo.
- Remove, alter or obscure any proprietary notice (including any notice of copyright and trademark) of HIREVISER or its affiliates, Partners, Suppliers or Licensors.
- Use the Services for any purpose for which it is not designed or intended.
- Use the Services to create or promote a product, service or software that is, directly or indirectly, competitive with or in any way a substitute for the Services or any services, product or software offered by HIREVISER.
- Use any proprietary information or interfaces of HIREVISER or any other intellectual property of HIREVISER in the design, development, manufacture, licensing or distribution of any application, accessories or devices for use with the Services.
- Use the Services to send, post, or otherwise communicate any Content which is offensive, indecent, threatening, abusive, insulting, harassing, defamatory, libellous, deceptive, fraudulent, tortious, obscene, profane, invasive of another person’s privacy, or racially, ethnically or otherwise objectionable.
- Use the Services to send automated, unsolicited or unauthorised messages, advertising or promotional material or any junk mail, spam or chain letters.
- Upload to, or transmit through the Services any data, file, software or link that contains or redirects to a virus, Trojan horse, worm or other harmful components.
- Use any scraper, robot, bot, spider, crawler or any other automated device or means to access, acquire, copy or monitor any portion of the Services, or any data or content found or access through the Services.
- Collect any information in respect of other users without their consent.
- Commit any act to avoid paying any applicable fees and/or charges.
- Attempt to and/or engage in any activity or act that is intended to abuse, abuses or inappropriately manipulates any promotion, campaign and/or discount codes offered through the Services. Such act and activities include but are not limited to: creating fake or duplicate accounts; generating fake orders; buying and reselling your own inventory.
- Authorise or encourage anyone to do any of the foregoing.
6.3 HIREVISER reserves the right to claw back any cashbacks, prizes and/or amounts paid to you under any event, promotion, offers, campaign and any other activities and/or terminate or suspend your account, if you are subsequently found or suspected to be engaged in any activity or act that is in breach of these Terms, our guidelines, any additional terms and conditions and policies.
6.4 The intellectual property rights in all materials and content comprising the Service, including but not limited to images, written content and designs on each page of the HIREVISER application and website, either belong to us or we have permission from the owner to use them to provide the Service. All such intellectual property is protected by worldwide intellectual property laws, including copyright and design laws. We give you permission to use the materials and content comprising the Service for the sole purpose of using the service in accordance with these terms of service.
6.5 Your right to use the Service is personal to you and you are not allowed to give this right to another person or to sell, gift or transfer your Account to another person. Your right to use the Service does not stop us from giving other people the right to use the service.
6.5 Other than as allowed in these Terms of Service or by us in writing, you are not given the right to use the “HIREVISER” name, or any of the “HIREVISER” trademarks, logos, domain names and other distinctive brand features, all of which are intellectual property rights that belong to HIREVISER
6.6 These Terms of Service do not grant you any rights to, or in, any such intellectual property rights or any other rights or licences in respect of HIREVISER’s materials and content, the Service, HIREVISER name and/or trademarks, other than as set out in these Terms of Service.
- HIREVISER MARKETPLACE AND PAYMENTS
7.1 Our Service allows you to buy and sell Services in an easy and fun way. You can find out more information about our Service and its features by visiting our website, www.hireviser.com.
7.2. You can sell your Service by publishing descriptive pictures of the services you want to sell (“Services”). When a user of the Service purchases such service, this is a “Sale Transaction”.
7.3 Sale Transactions may only take place via either of HIREVISER’s third party payment providers – PayPal or other payment gateways when implemented.
7.4. Where you use PayPal to make or receive payment for a Sale Transaction, you will need a PayPal account to use the Service
7.5 To safeguard the interests of our users, you are not permitted to sell or purchase Services by making direct arrangements with the buyer or the seller to use a payment method other than the payment methods offered via the Service. Please note that selling or purchasing Services in any other way is a breach of our Rules of Acceptable Use and can result in, among other things, suspension or termination of your access to the Service.
7.6 We want our Service to be a positive experience for our users and we ask that you honour the commitments you make to another user in respect of the sale or purchase of services.
7.7 Any agreement for and/or purchase of Service is made solely between you and the seller. The application may include functionality for suggesting more effective selling, such as discounting Services, but Sellers have, at all times, total discretion to set prices. Complaints, questions and claims related to a Services should be directed to the seller. Where users cannot resolve issues relating to a Sale Transaction between themselves, we will attempt to help mediate such disputes through our dispute resolution process.
7.8 As we only function as the platform for Sellers of Services, we have no control and do not give any commitment relating to the existence, quality, safety, genuineness or legality of Services, the truth or accuracy of any picture or description of the Services or any other content made available by users, the ability of sellers to sell Services, the“ ability of buyers to pay for them or that a buyer or seller will actually complete a transaction or return the Services, and we have no liability in this respect. Sellers are responsible for ensuring that any age-restricted Services are marked clearly with the applicable age restriction (as required by law) and Buyers agree that they shall not attempt to purchase Services if they are younger than the advertised and legal age restriction.
- RULES OF ACCEPTABLE USE
8.1 In addition to the other requirements within these Terms of Service, this section describes specific rules that apply to your use of the Service (the “Rules of Acceptable Use”).
10.2 You must make sure the email address you provide in your Account details remains active and is checked by you on a regular basis.
10.3 You are responsible for all taxes (including any associated penalties, fines, charges and late payment interest) relating to your sales of Services through our Service. You must comply with all applicable laws in relation to such taxes and shall promptly provide us with any information we require to verify such compliance. To the extent possible under applicable law, you shall reimburse us on demand any costs we incur as a result of your failure to comply with this clause 10.3
10.4 When using the Service, you must not:
10.4.1. Create more than one Account on the Service (however, you may connect all your social networks or other services accounts, that we support, to your Account on the Service) unless we agree otherwise.
10.4.2 Give any false or misleading information in your Account details.
10.4.3 Permit another person to use the service under your name or on your behalf unless you are a business and such person is authorised by you.
10.4.4 Use the service if we have suspended or banned you from using it.
10.4.5 Send Junk, spam or repetitive messages.
10.4.6. Engage in any illegal or unlawful conduct including selling any fake or counterfeit Services or any item that otherwise beaches another person’s rights, and must comply with applicable legal requirements relating to the sale or purchase of Services (including but not limited to import and export rules and illegal products, the listing of any age restrictions, distance selling and cooling off rights which may apply to a Services where the seller is a business).
10.4.7 Modify, interfere, intercept, disrupt or hack the Service.
10.4.8. Misuse the Service by knowingly introducing viruses, Trojans, worms, logic bombs or other material which would harm the Service or any user of the Service’s own equipment.
10.4.9. Collect any data from the Service other than in accordance with these Terms of Service.
10.4.10 Submit or contribute any User Content (including comments and descriptions relating to Services) that contains unlawful content, nudity or violence, is abusive, bullying, threatening, harassing, obscene, misleading, untrue, offensive, defamatory, derogatory or uses bad or rude language, as HIREVISER may decide in its absolute discretion.
10.4.11. Unfairly or unlawfully interfere or manipulate any ratings system or user feedback system.
10.4.12. Submit or contribute any User Content without the permission of the content owner, or otherwise infringe the copyright, trademark or other rights of third parties (which includes using hashtags for protected brands, in connection with your listing, that are irrelevant to such listing).
10.4.13. Offer to sell or buy any of the Services we listed as prohibited – Services – HIREVISER has a zero-tolerance policy on using the Service to promote, advertise or sell drugs, drug paraphernalia, tobacco and/or tobacco paraphernalia or related products.
10.4.14. Purchase or sell Services by making direct arrangements with the buyer or the seller to use a payment method other than the approved means of payment.
10.4.15. Take any action which is deliberately designed to circumvent, reduce or manipulate the Commission due to us.
10.4.16. Mine data, screen scrape or crawl any part of the Service.
10.5. Failure to comply with the Rules of Acceptable Use constitutes a serious breach of these Terms of Service, and may result in our taking all or any of the following actions (with or without notice, and entirely at our discretion):
10.5.1. immediate, temporary or permanent withdrawal of your right to use our Service;
10.5.2. immediate, temporary or permanent removal of any User Content (including the removal of Services listed on the Service);
10.5.3. issuing of a warning to you;
10.5.4. legal action against you including proceedings for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) resulting from the breach;
10.5.5 disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
10.5.6. We may investigate any suspected breach of the Rules of Acceptable Use. During such investigation we may temporarily withdraw your right to use our Service or remove User Content (including the removal of Services listed on the Service) without notice to you.
- ADVERTISEMENTS ON THE SERVICE
- WEBSITE ANALYTICS
We may also partner with selected third-party vendors, such as Google Analytics and Mailchimp others to allow tracking technologies and remarketing services on the Site through the use of first party cookies and third-party cookies, to, among other things, analyze and track users’ use of the Site, determine the popularity of certain content and better understand online activity. By accessing the Site, you consent to the collection and use of your information by these third-party vendors. However, if you do not want any information to be collected and used by tracking technologies, you can visit the third- party vendor or the Networks Advertising Initiative Opt-Out Tool or Digital Advertising Alliance Opt-Out Tool.
- SELLER COMMISSION
13.1. The seller of any Services will pay us a commission on the total transaction amount received by the seller (including VAT and any other applicable taxes, if any, and shipping costs) in respect of any Sale Transaction (the “Commission”). If the Commission payable is less than our minimum Commission, then the seller may be required to pay the minimum Commission.
13.2 When Buyers mark the Service as complete, the amount for the session, less HIREVISER’s fee will be added to the Seller’s HIREVISER wallet. HIREVISER will charge Fifteen percent (15%) as its Commission. Once the wallet value reaches a minimum of £20, then Sellers will be able to withdraw the money from their wallet into their PayPal account.
13.3 HIREVISER reserves the right to change the percentage it charges as its Commission.
- OUR LIABILITY/RESPONSIBILITY TO YOU
14.1. You alone decide whether to proceed with a sale or purchase of a Services. As such, we make no commitments regarding the Services including the quality or delivery of the Services, or for honouring (or causing any seller to honour) any erroneous information regarding the price, description and availability of, or any information relating to any Services promoted or available through our Service, or the ability of the buyer to complete any purchase of the Services.
14.2. Although it is our intention that the Service is available as much as possible, there may be occasions when the Service may be interrupted, including for scheduled maintenance, upgrades and emergency repairs, or due to failure of telecommunication links and/or equipment. The Service and any content contained therein (including User Content) is provided on an “as available” and “AS IS” basis. This means that we are unable to promise that your use of the Service will be uninterrupted, without delays, error-free or meet your expectations and we do not give any commitment relating to the performance or availability of the Service in these Terms of Service and, to the extent we are able to do so, we exclude any commitments that may be implied by, or be expressed by, applicable law. You accept that the internet may be subject to breaches of security and that the submission of User Content or other information may not be secure.
14.3 HIREVISER is not responsible or liable for any loss or harm caused by viruses, worms or other programmes designed to impair the Service.
14.4 You may be able to access third party links/websites/products via the Service. HIREVISER is not responsible or liable for any third-party links/websites/products which may be accessed by you at your sole option. Your access to and use of such third-party links/websites/products and services shall be solely at your own risk and subject to your acceptance and compliance with the separate terms and conditions of such third party.
14.5. To the maximum extent permitted by the law, our total responsibility for any claims relating to a Sale Transaction is limited to the Commission payable in connection with that Sale Transaction.
14.6. For any other claims arising out of the provision of the Service (including without limitation any dispute between users, in relation to any content you access via the Service, or any other user you interact with), we do not accept any responsibility whatsoever (whether arising in contract, tort otherwise), except where we cannot disclaim, exclude or limit responsibility by law (such as death and/or personal injury caused by our negligence).
14.7. We will never be responsible for any loss or damage that is not reasonably foreseeable and we will never be responsible for indirect losses and/or financial and business loss, or loss of goodwill or reputation.
- YOUR RESPONSIBILITY TO US
15.1. If HIREVISER is sued due to an action or inaction by you (including a breach of these Terms of Service) then we have the right, at our discretion, to request that you indemnify us (i.e. cover all our costs including legal fees) and hold us harmless from any legal claim or demand for expenses or costs that arises as a result. Where we decide to conduct the defence of such claim, you agree to assist us as reasonably requested.
- RESOLVING DISPUTES
Disputes with us
16.1. If you have a dispute with us relating to the Service, in the first instance please contact us at email@example.com and attempt to resolve the dispute with us informally.
- Disputes with Sellers relating to a Sale Transaction
16.2.1 If Buyers do not mark a Service as complete, such Buyer can create a dispute ticket. The Seller will be given the option to either provide a refund or allow the Buyer to reschedule.
- If a Service is marked as not complete, the Seller also has the option to reject this, in which case the dispute will go into review and HIREVISER will need to mediate in the dispute.
16.2.3 If the learner fails to mark the session as complete or incomplete within 48 hours, then the session will be auto-marked as complete and funds will be sent to Seller’s wallet
16.2.4 You may be eligible for PayPal’s payment channel’s Buyer or Seller Protection when you use it to pay for a Services or receive any money for a Sale Transaction.
16.2.5 All purchases/sales made outside of HIREVISER are against our Terms of Service and are not covered by Buyer or Seller Protection.
- CHANGES TO THE SERVICE
17.1. We are constantly updating and improving the Service to try and find ways to provide you with new and innovative features and services. Improvements and updates are also made to reflect changing technologies, tastes, behaviours and the way people use the Internet and our Service.
17.2. In order to do this, we may need to update, reset, stop offering and/or supporting a particular part of the Service, or feature relating to the Service “changes to the Service”. These changes to the Service may affect your past activities on the Service, features that you use and your User Content “Service Elements”. Any changes to the Service could involve Service Elements being deleted or reset.
17.3. You agree that a key characteristic of our Service is that changes to the Service will take place over time and this is an important basis on which we grant you access to the Service. Once we have made changes to the Service, your continued use of the Service will show that you have accepted any changes to the Service. You are always free to stop using the Service or deactivate your Account by contacting us at firstname.lastname@example.org from the email address linked to your account.
- CHANGES TO THESE TERMS OF SERVICE
18.1. We may revise these Terms of Service from time to time and any changes will take effect after 3 days of any notification email sent to you notifying you of any changes, or at the time the revised Terms of Service are posted (whichever is the earlier) and your continued use of the Service shall constitute acceptance of such revised Terms of Service.
18.2. Changes will usually occur because of new features being added to the Service, changes in the law or where we need to clarify our position on something.
18.3. We will try, where possible and reasonable, to contact you to let you know about any significant changes to any of the documents referred to in these Terms of Service. We may contact you through the Service (for example by asking you to accept the changes before you continue to use the Service) or via a separate email.
18.4. Normally, we will try to give you some warning before the new terms become effective. However, sometimes changes will need to be made immediately and if this happens, we will not give you any notice.
- LAW AND GENERAL PROVISIONS
19.1. As we are based in the United Kingdom, the laws of the United Kingdom will apply to all disputes and the interpretation of these Terms of Service. The United Kingdom courts will have non-exclusive jurisdiction over any dispute arising from or related to your use of the Service. These Terms of Service do not exclude any mandatory legal rights you may have or obligations HIREVISER may have in your country of residence, where HIREVISER is not allowed to exclude such as a matter of law.
19.2. We may assign any of our rights and obligations under these Terms of Service.
19.3. These Terms of Service do not create an agency, partnership, employment or joint venture relationship between you and HIREVISER.
19.4. HIREVISER will not be liable for any delay in performing or failure to perform its obligations caused by any force majeure event. In those circumstances HIREVISER will be granted a reasonable extension of time for the performance of its obligations, the reasonableness of that extension to be assessed in the context of these Terms of Service and HIREVISER’s other commitments.
19.5. No third party or (except, where applicable, the permitted assign of HIREVISER) is entitled to the benefit of these Terms of Service under the Contracts (Rights of Third Parties) Act 1999 or otherwise.
- CONTACT, FEEDBACK AND COMPLAINTS
20.1. If you need to contact us in relation to these Terms of Service or any other document mentioned in them, please email us at email@example.com with the subject line ‘Terms of Service’.
20.2 We value hearing from our users, and are always interested in learning about ways we can improve the Service. By providing your feedback you agree that you are giving up any rights you have in your feedback so that we may use and allow others to use it without any restriction and without any payment to you.