Last updated: 07/05/2020

QFinds Terms of use

About our Terms
1. You are reading our terms of use (the “Terms”), which govern the relationship and serve as an agreement between you and us. The Terms set out the terms and conditions by which you may access and use the QFinds application (the “App”), the “Platform” and our related websites, services, applications, products and Content (collectively, the “Services”).
2. The Terms form a legally binding agreement between you and us. You should read these Terms carefully before using the Services.
3. By accessing or using the Services or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using the Services immediately.
4. If you have any questions about the Services, please contact us by:
  1. email: hello@qfinds.io; or
  2. telephone: 020 3983 6019 (Monday to Friday: 10 am to 7 pm).
Definitions
App
has the meaning given to it in condition 1.1;
Intellectual Property Rights
means copyright, rights related to copyright such as moral rights and performers rights, patents, rights in inventions, rights in confidential information, know-how, trade secrets, trade marks, geographical indications, service marks, trade names, design rights, rights in get-up, database rights, databases, data exclusivity rights, domain names, business names, rights in computer software, the right to sue for infringement, unfair competition and passing off, and all similar rights of whatever nature wherever in the world arising and, in each case:
1. whether registered or not,
2. including any applications to protect or register such rights,
3. including all renewals and extensions of such rights or applications,
4. whether vested, contingent or future, and
5. wherever existing;
Platform
means the software platform known as “QFinds” that is owned and operated by us;
Services
has the meaning set out in condition 1.1;
Terms
means these terms and conditions of use, as updated from time to time under condition 16;
we
means QFinds Ltd (company no: 12024863) whose registered office is at 85 Great Portland Street, First Floor, London, United Kingdom, W1W 7LT (and “us” or “our” shall have the same meaning; and
you
means the person accessing or using the Services or its Content (and “your” shall have the same meaning).
Using the Services
1. The Services are for your personal use only.
2. Your access to and use of the Services is subject to these Terms and all applicable laws and regulations.
3. You may not:
  1. access or use the Services if you are younger than 18 years of age or do not have the legal capacity to agree to these Terms;
  2. distribute, license, transfer, or sell, in whole or in part, any of the Services or any derivative works thereof;
  3. use the Services, without our express written consent, for any commercial or unauthorised purpose, including, but not limited to, communicating or facilitating any commercial advertisement or solicitation or spamming;
  4. make unauthorised copies, modify, adapt, translate, reverse engineer, disassemble, decompile or create any derivative works based on the Services, including any files, tables or documentation (or any portion thereof) or determine or attempt to determine any source code, algorithms, methods or techniques embodied in the App or the Platform or any derivative works thereof;
  5. disrupt our website or any networks connected to the Services, interfere with or attempt to interfere with the proper working of the Services, or bypass any measures we may use to prevent or restrict access to the Services;
  6. impersonate any person or entity, or falsely state or otherwise misrepresent you or your affiliation with any person or entity, including giving the impression that any User Content you upload, post, transmit, distribute or otherwise make available emanates from the Services;
  7. incorporate the App or Platform or any portion of them into any other program or product. In such a case, in our sole discretion we reserve the right to refuse service, terminate accounts or limit access to the Services;
  8. market, rent or lease the Services for a fee or charge, or use the App or Platform to advertise or perform any commercial solicitation; or
  9. use automated scripts to collect information from or otherwise interact with the Services.
4. You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Services.
5. The Service is intended for use only by those who can access it from within the UK. If you choose to access the Services from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
6. We seek to make the Services as accessible as possible. If you have any difficulties using the Services, please contact us at hello@qfinds.io.
7. We reserve the right, at any time and without prior notice, to remove User Content or disable access to User Content for any reason whatsoever. For example, we may remove or disable access to User Content if:
  1. the quality of the User Content is not of a high enough standard;
  2. a user does not respond to an employer’s requests or messages or does not otherwise engage with the App or Platform;
  3. if the free period has ended and the user does not progress to the paid subscription;
  4. we find it objectionable;
  5. it is in breach of these Terms; or
  6. it is otherwise harmful to the Services of our users.
8. We may prevent or suspend your access to the Services if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
Your Account with Us
1. To access or use some of our Services, you must create an account with us. When you create this account, you must provide accurate and up-to-date information. It is important that you maintain and promptly update your details and any other information you provide to us, to keep such information current and complete.
2. You agree to keep your account password confidential and not disclose it to any third party. If you know or suspect that any third party knows your password or has accessed your account, you must promptly notify us at hello@qfinds.io.
3. You agree that you are solely responsible (to us and to others) for the activity that occurs under your account.
4. We reserve the right to disable your user account at any time, including, but not limited to, if in our reasonable opinion:
  1. you have failed to comply with any of the provisions of these Terms,
  2. if activities on your account, in our sole discretion:
    1. may or would cause damage to or impair the Services;
    2. infringe or violate any third-party rights; or
    3. breach any applicable laws or regulations.
Acceptable Use
1. We permit you to use the Services:
  1. if you are a candidate: to upload information about you for the purpose of making your information accessible by prospective employers who are looking for candidates. Such information shall include a video CV and additional, relevant and appropriate information about you; or
  2. if you are an employer (or are working on behalf of an employer): to search, find and view information uploaded by prospective candidates and contact any such candidates via the App or Platform.
2. With the exception of condition 2.1 above, any other use of the Services, including any unacceptable use set out in these Terms of Use, is not permitted.
Unacceptable Use
1. As a condition of your use of the Services, you agree not to use the Services:
  1. for any purpose that is unlawful under any applicable law or prohibited by these Terms of Use or any other terms and conditions that apply to you;
  2. to commit any act of fraud;
  3. to distribute viruses or malware or other similar harmful software code;
  4. for the purposes of promoting unsolicited advertising or sending spam;
  5. to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information (‘phishing’);
  6. in any manner that disrupts the operation of our Services, our business or related websites or the business or website of any of our other entities;
  7. in any manner that harms minors;
  8. to promote any unlawful activity;
  9. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
  10. to gain unauthorised access to or use of computers, data, systems, accounts or networks; or
  11. to attempt to circumvent password or user authentication methods.
User Content
1. We are not obliged to monitor or moderate any text, images, video, audio or other multimedia content, information or material ("User Content") submitted by you to our App or Platform. If you have an issue with any User Content, you may contact us to inform us of your issues by email to: hello@qfinds.io.
2. We may remove or edit any User Content uploaded to the App or Platform whether they are moderated or not.
3. Any User Content you create must comply with our User Content standards set out in condition 8 below.
User Content Standards
1. Any User Content you upload to our Services and any other communication to users of our Services by you must conform to standards of accuracy, decency and lawfulness, which shall be applied in our discretion, acting reasonably.
2. In particular, any User Content or communication by you must:
  1. be your own original work and lawfully submitted;
  2. be factually accurate;
  3. not infringe the intellectual property rights of any third party;
  4. be provided with the necessary consent of any third party;
  5. not be defamatory or likely to give rise to an allegation of defamation;
  6. not be used to impersonate another person;
  7. not be harmful, dangerous, offensive, obscene, pornographic, sexually explicit, discriminatory or deceptive;
  8. not be used to for predatory behaviour, stalking, threats, harassment, intimidation, invading privacy, revealing other people's personal information, and inciting others to commit violent acts; and
  9. be unlikely to cause offence, embarrassment or annoyance to others.
Linking and Framing
1. You may create a link to our App or Platform from another website without our prior written consent provided no such link:
  1. creates a frame or any other browser or border environment around the content of our Services;
  2. implies that we endorse your products or services or any of the products or services of, or available through, the website on which you place a link to our Services;
  3. displays any of the trade marks or logos used on or in our Services without our permission or that of the owner of such trade marks or logos; or
  4. is placed on a website that itself breaches these Terms of Use.
2. We reserve the right to require you to immediately remove any link to the App or Platform at any time, and you shall immediately comply with any request by us to remove any such link.
Using our name and logo
Subscription Fees
1. Should you wish to sign up to the trial period or subscribe to any of the paid features on the App or Platform, the subscription fee and the trial period will be displayed on the App and Platform prior to purchase.
2. Once a free trial period has ended, if you have registered for a subscription to the App or Platform, payment of the subscription fee is charged to your iTunes account or your Google Play Store account (as applicable). Your iTunes account or your Google Play Store account (as applicable) will be automatically charged unless the subscription is turned off in Account Settings [insert hyperlink] at least 24 hours before the current subscription period ends. The free trial period can only be claimed once.
3. Both the listed and unlisted options in the App and Platform are currently offered on a free basis. However, the unlisted service may become a paid-for service in the future by way of user subscription. We will advise you of any change to the free status of the options via the Services, should that occur.
Your privacy and personal information
1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our privacy policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.
2. Our privacy policy is available at [insert hyperlink].
Ownership, use and intellectual property rights
1. The Services and all Intellectual Property Rights in them, including, but not limited to, any Content owned by us, our licensors or both (as applicable). We, and our licensors, reserve all of our (and all of their) rights in any Intellectual Property Rights, in connection with these Terms. This means, for example, that we and they remain owners of them and free to use them as we and they see fit.
2. Nothing in these Terms grants you any legal rights in the Services other than as necessary to enable you to use and access the Services for the purposes intended by us. You agree not to adjust, to try to circumvent or delete any notices contained on or in the Services (including any intellectual property notices) and, in particular, in any digital rights or other security technology embedded or contained within the Services.
3. You agree not to use the Services to infringe any Intellectual Property Rights. For example, you must not upload to the App or the Platform any content that is owned by any third party. We reserve the right, with or without notice, at any time and in our sole discretion to block access to and/or terminate the accounts of any user who infringes or is alleged to infringe any copyrights or other Intellectual Property Rights.
4. You acknowledge and agree that:
  1. we may generate revenues, increase goodwill or otherwise increase our value from your use of the Services and you will have no right to share in any such revenue, goodwill or value whatsoever;
  2. you have no right to receive any income or other consideration from any User Content (defined below) or your use of any content or materials made available to you on or through the Services; and
  3. you are prohibited from exercising any rights to generate income from or obtain consideration from any User Content within the Services or on any third-party service (for example, you cannot use User Content (that has been uploaded to a social media platform such as YouTube) for income generating purposes).
5. Subject to the terms and conditions of the Terms, we hereby grant you a non-exclusive, limited, non-transferable, non-sublicensable, revocable, worldwide license to access and use the Services, including to download the App and the Platform on a permitted device, and to access the Content solely for your personal, non-commercial use through your use of the Services. We reserve all rights (not expressly granted herein) in the Services and the Content. You acknowledge and agree that we may terminate this licence at any time for any reason whatsoever.
6. You are permitted to upload or post, or otherwise make available, content through the Services including, without limitation, any text, photographs, videos and sound recordings (“User Content”). User Content should not include any third-party materials that you do not have any permission to use, share or include in your User Content.
7. You may also use some of the tools and other elements provided by us (“QFinds Tools”) to edit or enhance the User Content and transmit the User Content through the Services.
8. We will not be checking the contents of any User Content before it goes live on the App or the Platform. Therefore, the views expressed by users of the Services do not represent our views or values. If we receive any complaints about the contents of any User Content, we will take those very seriously and we will investigate fully. If we determine that such User Content is inappropriate or in breach of these Terms, we shall remove such User Content as soon as possible.
9. Whenever you access or use a feature that allows you to upload or transmit User Content through the Services, you must comply with these Terms and all applicable terms and conditions set out in these Terms.
10. You may also choose to upload or transmit your User Content, including User Content that includes QFinds Tools, on sites, apps or platforms hosted by third parties. If you do this, you must comply with each such third party’s content guidelines as well as with all applicable terms and conditions set out in these Terms.
11. You warrant that any User Content complies with all applicable terms and conditions set out in these Terms. You will be liable to us and will indemnify us for any breach of that warranty. This means that you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
12. Any User Content posted in the listed setting will be considered non-confidential and non-proprietary. You must not post any User Content on or through the Services or transmit to us any User Content that you consider to be confidential or proprietary. When you submit User Content through the Services, you agree and represent that you own that User Content, or you have received all necessary permissions, clearances from, or are authorised by, the owner of any part of the content to submit it to the Services, to transmit it from the Services to other third party platforms, and/or adopt any third party content.
13. You shall own the User Content and any Intellectual Property Rights in such User Content. You hereby grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual worldwide licence to use, share, modify, adapt, reproduce, make derivative works of, publish and/or transmit, and/or distribute and to authorise others users of the Services and other third-parties to view, access, use, download, modify, adapt, reproduce, make derivative works of, publish and/or transmit your User Content in any format and on any platform, either now known or hereinafter invented.
14. You further grant us a royalty-free licence to use your user name, image, voice, and likeness to identify you as the source of any of your User Content.
15. You waive any and all rights of privacy, publicity, or any other rights of a similar nature in connection with your User Content, or any portion thereof. To the extent any moral rights are not transferable or assignable, you hereby waive and agree never to assert any and all moral rights, or to support, maintain or permit any action based on any moral rights that you may have in or with respect to any User Content you post to or upload to the Services.
16. If you post your User Content on the listed setting, we may select your User Content to be used for other users to represent a good example of User Content. The other users will be able to use your User Content as a guide to helping them create their own User Content. We may make your User Content available to be viewed by other users for a set period of time (such as one month) and there may be financial incentives available to you for allowing us to do so. Prior to us posting your User Content publicly, we will ask for your permission and obtain your consent to allow us to do so. If you give us that permission, you shall grant us an unconditional, irrevocable, non-exclusive, royalty-free, fully transferable, perpetual, worldwide licence to post and share such User Content with our other users in any format and on any platform, either now known or hereinafter invented.
17. In certain circumstances, we may wish to share your User Content with certain third parties but we will always ask your permission and obtain your consent prior to us sharing your User Content.
18. In certain circumstances, we also have the right to disclose your identity to any third party who is claiming that any User Content posted or uploaded by you to our Services constitutes a breach of their intellectual property rights, or of their right to privacy.
19. We reserve the right to cut, crop, edit or refuse to publish your User Content in our sole discretion. We have the right to remove, disallow, block or delete any posting you make on our App or Platform if, in our opinion, your post does not comply with the terms and conditions set out in these Terms. In addition, we have the right to remove, disallow, block or delete any User Content:
  1. that we consider is in breach of these Terms; or
  2. in response to complaints from employers or otherwise, with or without notice and without any liability to us.
20. If you want to ensure that you have a copy of any User Content, we recommend saving that User Content on your personal device(s). We do not guarantee the accuracy, integrity, appropriateness or quality of any User Content, and under no circumstances will we be liable in any way for any User Content.
21. You control whether your User Content is: (i) made publicly available via the listed setting on the Services to the employers using the Services; or (ii) only available for private use via the unlisted setting on the Services. To change the default access setting for how your User Content is made available to other users, you should select the appropriate setting available within the App or the Platform.
22. We take reasonable measures to expeditiously remove from our Services any infringing material that we become aware of. It is our policy, in appropriate circumstances and at our discretion, to disable or terminate the accounts of users of the Services who breach our policies, or repeatedly infringe copyright or Intellectual Property Rights of others.
23. If you choose to contribute by sending us or our employees any ideas for products, services, features, modifications, enhancements, content, refinements, technologies, content offerings, promotions, strategies, or product/feature names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively “Feedback”), then, regardless of what your accompanying communication may say, the following terms will apply.
24. Accordingly, by sending Feedback to us, you agree that:
  1. we have no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
  2. Feedback is provided on a non-confidential basis, and we are not under any obligation to keep confidential any Feedback you send or to refrain from using or disclosing it in any way; and
  3. you irrevocably grant us perpetual and unlimited permission to reproduce, distribute, create derivative works of, modify, publicly perform, communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback (and derivatives thereof) for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified
25. Trade marks: QFinds is our trade mark. Other trade marks and trade names may also be used on or in the Services. The use of any trade marks on or in the Services is strictly prohibited unless you have our prior written permission.
Software
1. Software may be made available for you to download in order to help the Services work better. You may only use such software if you agree to be bound by the terms and conditions that apply to such software (this is sometimes known as an ‘end user licence agreement’ or ‘EULA’). You will be made aware of any terms and conditions that apply to the software when you try to download it. If you do not accept such terms and conditions, you will not be allowed to download the software. You should read any terms and conditions carefully to protect your own interests (they may contain provisions that set out what your legal rights are under, eg, the Consumer Rights Act 2015, what your legal responsibilities are when using software, what the software provider’s legal responsibilities are, and provisions that limit a software provider’s legal responsibilities to you).
2. All such software is solely for your personal use in a non-commercial manner.
3. Using the software in an unlawful way (such as reproducing or redistributing it in a way that breaches these Terms and any others that apply to it) is expressly prohibited and may result in civil and criminal penalties.
Accuracy of information and availability of the Services
1. While we try to make sure that the Services are accurate, up-to-date and free from bugs, we cannot promise that they will be. Furthermore, we cannot promise that the Services will be fit or suitable for any purpose. Any reliance that you may place on the information on or in the Services is at your own risk.
2. We may suspend or terminate operation of the Services at any time as we see fit.
3. Content is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute employment, technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
4. While we try to make sure that the Services are available for your use, we do not promise that the Services are available at all times nor do we promise the uninterrupted use by you of the Services.
Closing your Account
1. You may delete your account (and terminate the contract between you and us on these Terms) at any time, by going into the settings and selecting the option to delete your account. However, if you do so, this will delete your profile and information which will no longer be available (even if you later re-register).
2. Instead of deleting your account, you can choose to deactivate it. This means you will not show up in candidate searches and your account not be active, but your profile and information will remain in our Services. You may wish to re-activate your account at a later date but in order to use your account again, you may be required to pay a subscription fee.
3. We store your personal information for as long as you remain a registered user of our Services (until your account is deleted). If you delete your account then your information will be deleted from our systems immediately (except that some information may remain in our secure back-ups for up to 6 months). This does not apply to personal information, correspondence or documents that you have shared with others.
4. Occasionally, we may need to keep your personal information for longer in case of a possible claim or action (such as a breach of these Terms by you). For more details, please see our Privacy Policy [insert hyperlink].
5. You acknowledge and agree that some of these Terms remain in force after you have deleted your account. These are conditions 13, 14, 19, 25 and 26.
Mobile App Store Terms and Conditions
1. If you download and access the App from a mobile app store, then the app store provider’s terms and conditions will also apply to you. In addition to such terms and conditions, the following terms will also apply:
  1. if these Terms and the appstore provider’s terms are inconsistent, the app store provider’s terms will prevail;
  2. the app store provider is not party to our agreement with you, and it will not have any liability nor responsibilities under these Terms;
  3. if you are an iOS user, Apple may be able to enforce these Terms against you; and
  4. if you are an android user, Google may be able to enforce these Terms against you.
Hyperlinks and third party sites
1. The Services may contain hyperlinks or references to third party websites other than the Services. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party’s website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
Limitation on our liability
1. Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:
  1. losses that:
    1. were not foreseeable to you and us when these Terms were formed; or
    2. that were not caused by any breach on our part;
  2. business losses; and
  3. losses to non-consumers.
2. We will have no liability to you whatsoever if you are not successful in securing employment by using our Services.
3. 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.
4. We will not be liable or responsible for loss or damage:
  1. which results from our Services (or any Content) being temporarily or permanently unavailable or inaccessible;
  2. outside our control or for which a third party is responsible;
  3. which occurs because of any User Content you have posted (for example, due to something you have shared, even if you later deleted it), or due to the settings you chose for your account; or
  4. that could have been avoided by having appropriate security (such as antivirus and firewalls) on your device.
5. These limitations on our liability to you shall apply whether or not we have been advised of or should have been aware of the possibility of any such losses arising.
6. You are responsible for any mobile charges that may apply to your use of our Services, including text-messaging and data charges. If you are unsure what those charges may be, you should ask your service provider before using the Services.
7. To the fullest extent permitted by law, any dispute you have with any third party arising out of your use of the Services, including, by way of example and not limitation, any carrier, copyright owner or other user, is directly between you and such third party, and you irrevocably release us and our affiliates from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
8. You agree to indemnify us and our officers, directors, employees, agents and advisors from any and all claims, liabilities, costs, and expenses, including, but not limited to legal fees and expenses, arising out of a breach by you or any user of your account of these Terms or arising out of a breach of your obligations, representation and warranties under these Terms.
Exclusion of Warranties
1. Nothing in these Terms shall affect any statutory rights that cannot be excluded by law.
2. The Services are provided “as is” and we make no warranty or representation to you with respect to them. In particular, we do not represent or warrant to you that:
  1. your use of the Services will meet your requirements;
  2. you will be guaranteed a firm offer of employment from using the Services;
  3. your use of the Services will be uninterrupted, timely, secure or free from error;
  4. any information obtained by you as a result of your use of the Services will be accurate or reliable; and
  5. defects in the operation or functionality of any software provided to you as part of the Services will be corrected.
3. No conditions, warranties or other terms (including any implied terms as to satisfactory quality, fitness for purpose or conformance with description) apply to the Services except to the extent that they are expressly set out in the Terms.
4. We may change, suspend, withdraw or restrict the availability of all or any part of the App or Platform for business and operational reasons at any time without notice.
Events beyond our control
1. We shall have no liability to you for any breach of these Terms caused by any event or circumstance beyond our reasonable control including, but not limited to, pandemics, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
Rights of third parties
1. No one other than a party to these Terms has any right to enforce any of these Terms.
Changes to the Terms
1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this condition 23. We reserve the right to vary these Terms from time to time, for example, when we update the functionality of the Services, when or when there are regulatory changes. We will use commercially reasonable efforts to provide reasonable notice to all users of any material changes to these Terms. Our updated Terms will be displayed on the App and the Platform and by continuing to use and access the Services following such changes, you agree to be bound by any variation made by us. If you do not agree to the new Terms, you must stop accessing or using the Services. It is your responsibility to check these Terms from time to time to verify such variations.
Breach
Disputes
1. If you are unhappy with us, please contact us as soon as possible. We will try to resolve any disputes with you quickly and efficiently.
Governing Law and Jurisdiction
1. If you want to take court proceedings, the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with the Services or these Terms, or its subject matter or formation.
2. The Terms, the Services and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation, shall be governed by and construed in accordance with the law of England and Wales.