(“Our Site”). Our site provides a platform for companies to create communities of the freelancers they work with. Please read
1. Definitions and Interpretation
||means an account required for a User to access and/or use certain areas of Our Site, as detailed in Clause 4;
||means a business user of Our Site, looking to create a community of freelancers, as more particularly described in Clause 4.8;
||means any and all text, images, audio, video, scripts, code, software, databases and any other form of information capable of being stored on a computer that appears on, or forms part of, Our Site;
||means an individual user of Our Site, looking to connect with Companies by becoming a part of their communities, as more particularly described in Clause 4.9;
||means a monthly subscription fee payable by a User for the use of Our Site, as more particularly described in Clause 4.5;
||means a registered user, a Freelancer or a Company, using Our Site;
||means any content submitted to Our Site by Users including, but not limited to, details of working history, blog posts, forum posts, replies, comments, recommendations, job advertisements and availability information
||Means Convergence Online Ltd, a company registered in England under company number 11120226, whose registered address is at Harben House, Harben Parade, Finchley Road, London, NW3 6LH.
2. Information About Us
2.1 Our Site, www.getconnektd.com
, is owned and operated by Convergence Online Ltd, a limited company registered in England whose company number is 11120226 and whose registered address is at Harben House, Harben Parade, Finchley Road, London, NW3 6LH.
3. Access to Our Site
3.1 Access to certain parts of Our Site is free of charge but you will need to pay a Subscription Fee to access other parts of Our Site, as outlined in Clause 4.
3.2 It is your responsibility to make any and all arrangements necessary in order to access Our Site.
3.3 Access to Our Site is provided “as is” and on an “as available” basis. We may alter, suspend or discontinue Our Site (or any part of it) at any time and without notice and we may also change functionality and tools available to the Users. We will not be liable to you in any way if Our Site (or any part of it) is unavailable at any time and for any period.
4.1 Certain parts of Our Site (including accessing profile and other information about other Users) may require an Account in order to access them. We make all reasonable efforts to ensure that all general descriptions of the services available from Us, specifically, access to and use of Our Site, correspond to the actual services to be provided to you.
4.2 You may not create an Account if you are under 18 years of age.
4.3 When creating an Account, the information you provide must be accurate and complete. If any of your information changes at a later date, it is your responsibility to ensure that your Account is kept up-to-date.
4.4 We recommend that you choose a strong password for your Account. It is your responsibility to keep your password safe. If you believe your Account is being used without your permission, please contact Us immediately at email@example.com. We will not be liable for any unauthorised use of your Account.
4.5 Subscription Fee
a) All Users must pay a Subscription Fee, as shown on the order page, in relation to a period specified on the order page. Our Site will be available to you for the duration covered by the initial Subscription Fee or any subsequent renewal periods. We make all reasonable efforts to ensure that all Subscription Fees shown on Our Site are correct. We reserve the right to change Subscription Fee and to add, alter, or remove special offers from time to time. Changes in price will not affect any periods for which your Subscription Fee has already been paid. All prices on Our Site exclude VAT, if applicable.
b) Our Site will guide you through the Subscription Fee payment process. Before submitting your payment you will be given the opportunity to review your Subscription Fee and amend any errors. Please ensure that you have checked all details before submitting them.
c) If you do not make a payment to Us when due, you will not be able to use Our Site, your Account may be closed and your User Content may be anonymised or deleted.
4.6 You must not use anyone else’s Account without the express permission of the User to whom the Account belongs.
4.7 Any personal information provided in your Account will be collected, used, and held in accordance with your rights and Our obligations under the law, as set out in Clause 17.
4.8 Our Site’s current functionality for Companies includes:
d) Profile functionality, including Company details and information about the type of Freelancers it generally works with;
e) Ability to invite Freelancers to join a Company’s community;
f) “Downloads and Links” section within the profile which may be used for providing further information to those within the Company’s community, including specific Company information, on-boarding and other;
g) Blog and/or “update” tool for posting news or requirements – this can be selectively available to every Freelancer or only those in the Company’s community;
h) Ability to keep a private record of the Company’s working history with Freelancers in the Company’s community, which is private to the Company’s community and is not aggregated or made public;
i) Companies can recommend Freelancers and request recommendations from Freelancers;
j) Companies can search for Freelancers that match their requirements, including availability, using a search tool designed specifically for the events industry;
k) Companies can message Freelancers who are in their community; and
l) Companies can post in forums to leverage the experience of the Freelance membership.
4.9 Our Site’s current functionality for Freelancers includes:
a) Profile functionality, including biographical and specific information about a Freelancer’s working history, including places worked and clients worked for;
b) Option to sign up using Facebook or LinkedIn;
c) Keeping a diary of availability that can be searched by Companies with the choice to keep this diary hidden while still being searchable;
d) Posting blogs and/or “updates” which can selectively be available to all Companies or only the Companies the Freelancer is in a community with;
e) Ability to message Companies whose communities a Freelancer is in;
f) Ability to request to join a Company community;
g) Freelancers can recommend Companies and request recommendations from Companies;
h) Freelancers can respond to blog posts to highlight their experience to Companies they either do work with or are interested in working with; and
i) Freelancers can apply for jobs posted by Companies.
4.10 We may from time to time make changes to Our Site to include:
a) Minor changes may be required to make underlying technical alterations, for example, to fix an error or to address a security issue. We will inform you of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Site;
b) Minor changes may be made to reflect changes in the law or other regulatory requirements. We will inform you of any such changes (including, if applicable, anything that you need to do), however they will be unlikely to materially affect your use of Our Site;
c) We may continue to develop and improve Our Site over time, in some cases making significant changes to it. You will be kept fully informed of any and all such changes.
4.11 We will always aim to ensure that Our Site is available at all times. In certain limited cases, however, We may need to temporarily suspend availability to make certain changes. Unless We are responding to an emergency or an urgent issue, We will inform you in advance of any interruptions to the availability of Our Site. If we need to suspend Our site for longer than 1 week, We will add the corresponding time to the duration of your current subscription period at no cost to you. If We need to suspend Our site for longer than 1 months, you may also have a right to cancel.
4.12 If you wish to close your Account, you may do so at any time. Closing your Account will result in the removal of your information. Closing your Account will also remove access to any areas of Our Site requiring an Account for access.
4.13 If you close your Account, any User Consent will, at our discretion, be either anonymised or deleted.
5. Intellectual Property Rights
5.1 With the exception of User Content (see Clause 6), all Content included on Our Site and the copyright and other intellectual property rights subsisting in that Content, unless specifically labelled otherwise, belongs to or has been licensed by Us. All Content (including User Content) is protected by applicable United Kingdom and international intellectual property laws and treaties.
5.2 Subject to sub-Clause 5.3 you may not reproduce, copy, distribute, sell, rent, sub-licence, store, or in any other manner re-use Content from Our Site unless given express written permission to do so by Us.
5.3 You may:
5.3.1 Access, view and use Our Site in a web browser (including any web browsing capability built into other types of software or app);
5.3.2 Download Our Site (or any part of it) for caching;
5.3.3 Print page(s) from Our Site;
5.3.4 Download extracts from pages on Our Site; and
5.3.5 Save pages from Our Site for later and/or offline viewing.
5.4 Our status as the owner and author of the Content on Our Site (or that of identified licensors, as appropriate) must always be acknowledged.
5.5 You may not use any Content saved or downloaded from Our Site for commercial purposes without first obtaining a licence from Us (or our licensors, as appropriate) to do so. This does not prohibit the normal access, viewing and use of Our Site whether by Companies or Freelancers as a tool to connect.
6. User Content
6.1 User Content on Our Site includes (but is not necessarily limited to) details of working history, blog posts, forum posts, replies, comments, recommendations, job advertisements and availability information
6.2 An Account is required if you wish to submit User Content. Please refer to Clause 4 for more information.
6.3 You agree that you will be solely responsible for your User Content. Specifically, you agree, represent and warrant that you have the right to submit the User Content and that all such User Content will comply with Our Acceptable Usage Policy, detailed below in Clause 12.
6.4 You agree that you will be liable to Us and will, to the fullest extent permissible by law, indemnify Us for any breach of the warranties given by you under sub-Clause 6.3. You will be responsible for any loss or damage suffered by Us as a result of such breach.
6.5 You (or your licensors, as appropriate) retain ownership of your User Content and all intellectual property rights subsisting therein. When you submit User Content you grant Us an unconditional, non-exclusive, fully transferrable, royalty-free, perpetual, worldwide licence to use, store, archive, syndicate, publish, transmit, adapt, edit, reproduce, distribute, prepare derivative works from, display, perform and sub-licence your User Content for the purposes of operating and promoting Our Site. In addition, you also grant Other Users the right to copy and quote your User Content within Our Site.
6.6 If you wish to remove User Content from Our Site, the User Content in question will be deleted or anonymised. Please note, however, that caching or references to your User Content may not be made immediately unavailable (or may not be made unavailable at all where they are outside of Our reasonable control).
6.7 We may reject, reclassify, or remove any User Content from Our Site where, in Our sole opinion, it violates Our Acceptable Usage Policy, or If We receive a complaint from a third party and determine that the User Content in question should be removed as a result.
7. Links to Our Site
7.1 You may link to Our Site provided that:
7.1.1 you do so in a fair and legal manner;
7.1.2 you do not do so in a manner that suggests any form of association, endorsement or approval on Our part where none exists;
7.1.3 you do not use any logos or trade marks displayed on Our Site without Our express written permission; and
7.1.4 you do not do so in a way that is calculated to damage Our reputation or to take unfair advantage of it.
7.2 You may not link to any page other than the homepage of Our Site. Deep-linking to other pages requires Our express written permission.
7.3 Framing or embedding of Our Site on other websites is not permitted without Our express written permission.
7.4 You may not link to Our Site from any other site the main content of which contains material that:
7.4.1 is sexually explicit;
7.4.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
7.4.3 promotes violence;
7.4.4 promotes or assists in any form of unlawful activity;
7.4.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation, or age;
7.4.6 is intended or is otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
7.4.7 is calculated or is otherwise likely to deceive another person;
7.4.8 is intended or is otherwise likely to infringe (or to threaten to infringe) another person’s privacy;
7.4.9 misleadingly impersonates any person or otherwise misrepresents the identity or affiliation of a particular person in a way that is calculated to deceive (obvious parodies are not included in this definition provided that they do not fall within any of the other provisions of this sub-Clause 7.4);
7.4.10 implies any form of affiliation with Us where none exists;
7.4.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, trade marks and database rights) of any other party; or
7.4.12 is made in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
8. Links to Other Sites
Links to other sites may be included on Our Site. Unless expressly stated, these sites are not under Our control. We neither assume nor accept responsibility or liability for the content of third party sites. The inclusion of a link to another site on Our Site is for information only and does not imply any endorsement of the sites themselves or of those in control of them.
9.1 Nothing on Our Site constitutes advice on which you should rely. It is provided for general information purposes only. Professional or specialist advice should always be sought where necessary.
9.2 We are not a party to any agreements between Users, including, without limitation, services agreements, consultancy agreements or contracts of employment, and we therefore cannot be liable in connection with any disputes arising out of or in connection with such contracts and agreements.
9.3 Insofar as is permitted by law, We make no representation, warranty, or guarantee that Our Site will meet your requirements, that it will not infringe the rights of third parties, that it will be compatible with all software and hardware, or that it will be secure. If, as a result of Our failure to exercise reasonable care and skill, any digital content from Our Site damages your device or other digital content belonging to you, you may be entitled to certain legal remedies. For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
9.4 We make reasonable efforts to ensure that the Content on Our Site is complete, accurate, and up-to-date. We do not, however, make any representations, warranties or guarantees (whether express or implied) that the Content is complete, accurate, or up-to-date.
10. Our Liability
10.1 To the fullest extent permissible by law, We accept no liability to any User for any loss or damage, whether foreseeable or otherwise, in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising out of or in connection with the use of (or inability to use) Our Site or the use of or reliance upon any Content (including User Content) included on Our Site.
10.2 To the fullest extent permissible by law, We exclude all representations, warranties, and guarantees (whether express or implied) that may apply to Our Site or any Content included on Our Site.
10.3 If you are a business user, We accept no liability for loss of profits, sales, business or revenue; loss of business opportunity, goodwill or reputation; loss of anticipated savings; business interruption; or for any indirect or consequential loss or damage.
10.4 We exercise all reasonable skill and care to ensure that Our Site is free from viruses and other malware. However, subject to sub-Clause 9.2, We accept no liability for any loss or damage resulting from a virus or other malware, a distributed denial of service attack, or other harmful material or event that may adversely affect your hardware, software, data or other material that occurs as a result of your use of Our Site (including the downloading of any Content from it) or any other site referred to on Our Site.
10.5 We neither assume nor accept responsibility or liability arising out of any disruption or non-availability of Our Site resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, natural events, acts of war, or legal restrictions and censorship.
11. Viruses, Malware and Security
11.1 We exercise all reasonable skill and care to ensure that Our Site is secure and free from viruses and other malware.
11.2 You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.
11.3 You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.
11.4 You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.
11.5 You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.
11.6 By breaching the provisions of sub-Clauses 11.3 to 11.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.
12. Acceptable Usage Policy
12.1 You may only use Our Site in a manner that is lawful and that complies with the provisions of this Clause 12. Specifically:
12.1.1 you must ensure that you comply fully with any and all local, national or international laws and/or regulations;
12.1.2 you must not use Our Site in any way, or for any purpose, that is unlawful or fraudulent;
12.1.3 you must not use Our Site to knowingly send, upload, or in any other way transmit data that contains any form of virus or other malware, or any other code designed to adversely affect computer hardware, software, or data of any kind; and
12.1.4 you must not use Our Site in any way, or for any purpose, that is intended to harm any person or persons in any way.
12.2 When submitting User Content (or communicating in any other way using Our Site), you must not submit, communicate or otherwise do anything that:
12.2.1 is sexually explicit;
12.2.2 is obscene, deliberately offensive, hateful or otherwise inflammatory;
12.2.3 promotes violence;
12.2.4 promotes or assists in any form of unlawful activity;
12.2.5 discriminates against, or is in any way defamatory of, any person, group or class of persons, race, sex, religion, nationality, disability, sexual orientation or age;
12.2.6 is intended or otherwise likely to threaten, harass, annoy, alarm, inconvenience, upset, or embarrass another person;
12.2.7 is calculated or is otherwise likely to deceive;
12.2.8 is intended or otherwise likely to infringe (or threaten to infringe) another person’s right to privacy or otherwise uses their personal data in a way that you do not have a right to;
12.2.9 misleadingly impersonates any person or otherwise misrepresents your identity or affiliation in a way that is calculated to deceive (obvious parodies are not included within this definition provided that they do not fall within any of the other provisions of this sub-Clause 12.2);
12.2.10 implies any form of affiliation with Us where none exists;
12.2.11 infringes, or assists in the infringement of, the intellectual property rights (including, but not limited to, copyright, patents, trade marks and database rights) of any other party; or
12.2.12 is in breach of any legal duty owed to a third party including, but not limited to, contractual duties and duties of confidence.
12.3.1 suspend, whether temporarily or permanently, your Account and/or your right to access Our Site;
12.3.2 remove any User Content submitted by you that violates this Acceptable Usage Policy;
12.3.3 issue you with a written warning;
12.3.4 take legal proceedings against you for reimbursement of any and all relevant costs on an indemnity basis resulting from your breach;
12.3.5 take further legal action against you as appropriate;
12.3.6 disclose such information to law enforcement authorities as required or as We deem reasonably necessary; and/or
12.3.7 any other actions which We deem reasonably appropriate (and lawful).
16. Communications from Us
16.2 We will never send you marketing emails of any kind without your express consent. If you do give such consent, you may opt out at any time. Any and all marketing emails sent by Us include an unsubscribe link. If you opt out of receiving emails from us at any time, it may take up to 10 business days for Us to comply with your request. During that time, you may continue to receive emails from Us.
16.3 For questions or complaints about communications from Us (including, but not limited to marketing emails), please contact Us at firstname.lastname@example.org.
17. Data Protection
17.1 All personal information that We may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and your rights under the GDPR.
18.1 Consumers (but not business customers) in the European Union have a legal right to a “cooling-off” period within which distance sales contracts (including those formed online) can be cancelled for any reason. This period, if applicable, begins once a contract is formed and ends at the end of 14 calendar days after that date.
18.2 Please note that, because access to Our Site is made available immediately upon the purchase of a subscription, the 14-day cooling-off period does not apply.
18.3 You may cancel at any time in the following limited circumstances and you may be entitled to a full or partial refund for services or digital content not provided:
18.3.1 We have incorrectly described Our Site or it is faulty; or
18.3.3 We have informed you of an error in the price or description of your subscription or Our Site and you do not wish to continue; or
18.3.4 There is a risk that the availability of Our Site may be significantly delayed due to events outside of Our control; or
18.3.5 We have informed you that We have suspended, or are planning to suspend, availability of Our Site for a period greater than 1 month; or
18.4 Auto-renewing Subscriptions can be cancelled at any time, however no refunds can be provided and you will continue to have access to Our Site for the duration of the remainder of the subscription period you are currently in. Cancelling an auto-renewing subscription only prevents it from being auto-renewed.
18.5 To cancel a subscription for any reason, please inform us using one of the following methods:
18.5.1 By telephone on +44 203 772 8654 ; or
18.5.2 By email at email@example.com; or
18.5.3 By post at Connektd, Harben House, Harben Parade, London, NW3 6LH, sending a letter providing your name, address, email address, telephone number and details of your subscription
18.6 Any and all refunds due to you will be made no later than 14 calendar days after the date on which We acknowledge your cancellation. Refunds will be made to your original payment method.
18.7 In certain limited circumstances We may cancel your Subscription and/or close your Account. If We take such action, you will be notified by email and We will provide an explanation for the cancellation and/or closure.
18.7.2 If your Account is closed and/or your subscription is cancelled for any other reason, you will be refunded the remaining balance of your subscription. The refund will be calculated based upon the price of your subscription being divided by the total number of days in the subscription and multiplied by the number of whole days remaining until the end of the Subscription (or, in the case of auto-renewing Subscriptions, until the renewal date). Any and all refunds due to you will be made no later than 14 calendar days after the date on which the closure and/or cancellation becomes effective. Refunds will be made to your original payment method.
19. Problems with Our Site and Consumers’ Legal Rights
19.1 If you have any questions or complaints regarding Our Site, please email Us at firstname.lastname@example.org or by using any of the methods provided on Our contact page at https://getconnektd.com/Home/Contact
19.2 If you are a consumer, you have certain legal rights under the Consumer Rights Act 2015 that may apply to Our Site:
19.2.1 Any digital content provided by Us must be as described, fit for purpose, and of satisfactory quality. If digital content is faulty, you may be entitled to a repair or replacement. If a fault cannot be remedied, or has not been remedied within a reasonable time and without significant inconvenience to you, you may be entitled to a full or partial refund. If, as a result of Our failure to exercise reasonable care and skill, any digital content of which Our Site is comprised (that is not User Content) damages your device or other digital content belonging to you, you may be entitled to a repair or compensation.
19.2.2 Any services provided by Us must be provided with reasonable care and skill and in compliance with information provided by Us. If We fail to do so, you may be entitled to require Us to repeat or otherwise fix the problem or, if We cannot provide such a remedy, a full or partial refund.
19.2.3 For more details concerning your rights and remedies as a consumer, please contact your local Citizens Advice Bureau or Trading Standards Office.
20. Other Important Terms
21. Law and Jurisdiction
21.1 These Terms and Conditions, and the relationship between you and Us (whether contractual or otherwise) shall be governed by and construed in accordance with the law of England & Wales.
21.2 If you are a consumer, any dispute, controversy, proceedings or claim between you and Us relating to these Terms and Conditions, or the relationship between you and Us (whether contractual or otherwise) shall be subject to the jurisdiction of the courts of England, Wales, Scotland, or Northern Ireland, as determined by your residency.
21.3 If you are a business, any disputes concerning these Terms and Conditions, the relationship between you and Us, or any matters arising therefrom or associated therewith (whether contractual or otherwise) shall be subject to the exclusive jurisdiction of the courts of England & Wales.