Marketpool Platform Terms

Effective date: January 8th 2021

THE PURPOSE OF THESE TERMS

These Terms of use together with the documents referred to in it (“Terms”) tell you (whether as a guest or a registered user) the terms of use on which you may make use of the Marketpool platform (referred to as the “Platform” in these Terms), which is owned and controlled by Market Recruitment Limited. Use of the Platform includes accessing, browsing, or registering to use the Platform.
Please read these Terms of use carefully before you start to use the Platform, as these will apply to your use of the Platform. By using the Platform, you confirm that you accept these terms of use and that you agree to comply with them.
If you do not agree to these Terms, you must not use the Platform. The Platform is not for use by minors and should not be used by those under the age of 18.

These Terms apply to all registered users of the Platform including, but not limited to, individuals who are seeking employment or freelancer opportunities (“Candidates”) and employers interested in hiring or engaging with Candidates (“Clients”).
In these Terms we have separate sections with specific terms that apply to Candidates or Clients only, but unless stated otherwise these Terms will apply to both Candidates and Clients (referred to collectively as “Users” in the rest of these Terms and references to “You” shall be a reference to a User of the Platform).

Please note that these Terms will apply during any Free Trial Period, as set out in the Terms.
Who we are

We are Market Recruitment Limited (“We”, “Our” or “Us”). We are a company registered in England and Wales with company number 07971695 and our registered address is Bollin House, Bollin Walk, Wilmslow, England, SK9 1DP.

THE FOLLOWING SECTIONS APPLY TO ALL USERS UNLESS OTHERWISE SPECIFIED

OUR PLATFORM IS ONLY FOR USERS IN the united kingdom
Our Platform is directed at people residing in the United Kingdom. We do not represent that content available on or through the Platform is appropriate for use or available in other locations.
OTHER APPLICABLE TERMS
These Terms refer to the following additional terms, which also apply to your use of the Platform:

  • our Privacy Policy which set out the terms on which we process any personal data we collect from you or that you provide to us; and
  • our Cookie Policy which sets out information about the cookies we use.
Accessing the platform

We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue, or change all or any part of the Platform without notice. We may from time to time carry out maintenance on the Platform which may result in the Platform being unavailable to Users for a period of time.
We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Platform. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms of use and other applicable terms and conditions, and that they comply with them.

Registration and Account Information

In order to access the Platform, you must register an account. In order to register you need to provide up to date and complete information and you agree you will not:

  • create an account providing false information or using another individual’s identity;
  • have more than one account; or
  • create a new account following previous removal from the Platform.

If you choose, or you are provided with, a username, password, or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.
Users must undertake security precautions such as:

  • following all reasonable guidelines, we may issue regarding how to keep your account and your use of the Platform secure;
  • keeping your personal details up to date, we may not be able to respond to queries about your account if they are directed from an address, telephone number or email account that is not registered with us; and
  • refraining from using any functionality on your device that saves or stores your login details.

We have the right to disable any username 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.
If you know or suspect that anyone other than you knows your username or password, you must promptly notify us at contact@marketpool.co.uk.

Viruses

We do not guarantee that the Platform will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and internet browser in order to access the Platform. You should use your own virus protection software.
You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs, keystroke loggers, spyware, adware or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.

Acceptable use policy

All Users must follow our acceptable use policy as set out here.
You may use the Platform only for lawful purposes. You may not use the Platform:

  • in any way that breaches any applicable local, national or international law or regulation;
  • in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
  • for the purpose of harming or attempting to harm minors in any way;
  • to send, knowingly receive, upload, download, use or re-use any material which does not comply with our acceptable use policy; or
  • to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

You also agree not to:

  • reproduce, duplicate, copy or re-sell any part of the Platform in contravention of the provisions of these Terms; or
  • access without authority, interfere with, damage, or disrupt any part of the Platform, equipment, or network on which the Platform is stored; software used in the provision of the Platform; or equipment or network or software owned or used by any third party.

The following applies to any and all information which you submit or upload to the Platform and to any interactive services associated with it, including without limitation, any profile information, CVs, company descriptions, logos, job specifications, images, questions submitted, answers to questions posted and any messages transmitted through the Platform messaging facility (from here on referred to as “User Generated Content”). All User Generated Content must be accurate, complete, and genuinely held and User Generated Content 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 trade mark 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;
  • Be threatening, abusive 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 it emanates from us, if this is not the case; or
  • Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.

Whenever you make use of a feature that allows you to upload content to the Platform, or to make contact with other Users, you must comply with the content standards set out in this Acceptable Use Policy.
You warrant that any such contribution does comply with these 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.
Any User Generated Content you upload to our Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your User Generated Content, but you are required to grant us and other Users of our Platform a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described under the “Intellectual Property Rights” section below.
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 Platform constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any User Generated Content at any time without liability if, in our sole opinion, it does not comply with the content standards set out in this Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
The Platform includes information and materials uploaded by other Users of the Platform. This information and these materials have not been verified or approved by us. The views expressed by other Users on our Platform do not represent our views or values.
If you wish to complain about content uploaded by other Users, please contact us on contact@marketpool.co.uk.

Warranties

The Platform has not been developed to meet your individual requirements. Please check that the facilities and functions of the Platform meet your requirements. The content we provide on our Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our Platform. Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform or User Generated Content is accurate, complete, or up to date.

You understand and agree that the Platform is provided “as is” and “as available” without express or implied warranty or condition of any kind unless otherwise stated.

We will endeavour to provide the Platform with reasonable skill and care, but we do not warrant that use of the Platform will be uninterrupted or error-free, nor free from vulnerabilities or viruses.
All User Generated Content you post or submit to the Platform is intended to be shared with other Users. By posting any User Generated Content, you hereby warrant and represent that you own all the rights to the User Generated Content and/or have the right to give us the licence, including the correct and legal permissions and consents for any personally identifiable information you may submit to us via the Platform.

Intellectal property rights

We are the owner or the licensee of all intellectual property rights in the Platform, and in the material published by us on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
If you do so in breach of these Terms your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made..

Our status and that of any identified contributors as the authors of content on the Platform must always be acknowledged.

Users will retain all rights to the User Generated Content they produce or submit to the Platform. You grant to us and our owners, affiliates, representatives, licensees, licensors and assigns a royalty-free, worldwide, transferrable, perpetual license to display, modify, publicly perform, store, broadcast and reproduce your User Generated Content including without limitation any logo(s), trademarks, service marks and trade names within the Platform and to use them for the purposes of marketing, promoting and improving the Platform and/or sharing with other Users on the Platform. You waive and agree to never claim any and all moral rights in and to all of the materials licensed in these Terms.
You must not use any part of the content on the Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

Indemnity

Users shall defend, indemnify, and hold harmless Market Recruitment against any claims, actions, proceedings, losses, reputational damage, damages, expenses, and costs arising out of or in connection with the User’s use of the Platform or any User Generated Content they upload to the Platform.

Linking to our platform

We allow links to the Platform to be shared via social media, provided that they comply with our Acceptable Use Policy included in these Terms.

Other than for social media use you must not:

  • establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists;
  • establish a link to the Platform in any website that is not owned by you; or
  • frame the Platform on any other website, nor may you create a link to any part of the Platform other than the home page.

We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with our Acceptable Use Policy as set out in these Terms.
If you wish to make any use of content on the Platform other than that set out above, please contact us by emailing us at contact@marketpool.co.uk.

Suspension and termination

We will determine, in our discretion, whether there has been a breach of our Acceptable Use Policy through your use of the Platform. Failure to comply with our Acceptable Use Policy constitutes a material breach of the terms of use upon which you are permitted to use the Platform, and may result in our taking all or any of the following actions:

  • Immediate, temporary, or permanent withdrawal of your right to use the Platform;
  • Immediate, temporary or permanent removal of any posting or material uploaded by you to the Platform;
  • 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 feel necessary.

We exclude liability for actions taken in response to breaches of our Acceptable Use Policy. The responses described in these Terms are not limited, and we may take any other action we reasonably deem appropriate. Some of the provisions contained in these Terms may also be superseded by provisions or notices published elsewhere on the Platform.

Status

Market Recruitment will not be employing Candidates but merely provides a platform for Candidates to explore freelance and employment opportunities with Clients. The Platform is made available free of charge to Candidates.
Please note that whilst we provide a platform for Candidates and Clients to interact and explore potential employment opportunities all communications and freelance/employment-related decisions are between the Client and the Candidate alone which we are not a party to.
Market Recruitment, the Client and the Candidate, agree that for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003, Market Recruitment shall be an ’employment agency’ and the Client shall be a ‘hirer’, and the Candidate shall be a ‘work-seeker’ as defined in the Conduct of Employment Agencies and Employment Businesses Regulations 2003 and Employment Agencies Act 1973.

Applicable law

Please note that these Terms of use, its subject matter, and its formation, are governed by English law. You and we both agree to that the courts of England and Wales will have non-exclusive jurisdiction.
If any provision or part-provision of these Terms is or becomes invalid, illegal, or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these Terms.

Limitation of our liability

Nothing in these Terms of use excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
If you are a Client or a Candidate using the Platform as a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our Platform or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our Platform; or
  • use of or reliance on any content displayed on our Platform (including User Generate Content).
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a Candidate:

  • Please note that we only provide our Platform for domestic and private use. You agree not to use our Platform 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.

To the extent permitted by law, we exclude all conditions, warranties, representations, or other Terms which may apply to the Platform or any content on it, whether express or implied.
We assume no responsibility for the content of websites linked on the Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Users accept and agree that Market Recruitment gives no warranty as to the suitability of any Candidate for any vacancy. Neither Market Recruitment nor any of its staff will be liable to Users for any loss, damage, expense, or delay incurred or suffered by Users arising directly or indirectly from or in any way connected with the introduction to or the engagement by the Client of a Candidate.
Except in the case of death or personal injury caused by Market Recruitment’s negligence, the liability of Market Recruitment to each Client under or in connection with the Terms and the provision of the Platform, whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed the fee(s) paid or due to be paid by the Client to Market Recruitment under these Terms and Market Recruitment’s liability to each Candidate will not exceed £1,000.

Candidate terms

The provisions set out in this section apply to those using the Platform as a Candidate (i.e., those looking for freelance or employment opportunities).

Candidate Profile
Candidates must provide us with the following:

  • a complete and accurate CV; and
  • details of relevant experience

The Candidate acknowledges and agrees that by submitting their CV with us they authorise the disclosure of their CV and other information on their candidate profile including qualifications to our Clients and prospective Clients who use the Platform when they select a job opportunity to apply for via the Platform.
Candidates have the option to upload a photograph to their profiles but this is entirely at the discretion of the Candidate and is not a mandatory field. Candidates must ensure that any photograph they upload and any information they upload to their profile complies with the Acceptable Use Policy set out above.
Your Candidate profile will not show your name to other Users until you select a job opportunity, at which point the Client advertising the job opportunity you have selected will then have access to your profile for review.
Submitting a Question and Use of the Platform Messaging Facility
Candidates have the opportunity to submit anonymous questions to Clients, for example to ask for information about a job’s salary, the benefits or further information about the job specification. Please note that Market Recruitment cannot accept liability if a question is asked by a Candidate in a way in which it may impact on their anonymity and whilst the questions will not show the name of the person who raised it we cannot guarantee you will remain anonymous.
All questions submitted and the Candidate’s use of the Platform’s messaging facility must comply with our Acceptable Use Policy.

All communications with Client’s must be via the Platform messaging facility and the Candidate undertakes not to approach or attempt to contact Clients through alternative means of communication after being introduced to a Client through the Platform.
Reviewing Opportunities and Accepting Offers
Candidates should promptly review the details of Clients that approach them and it is the responsibility of the Candidate to sufficiently review each Client that approaches them and the opportunity being advertised to assess whether or not they are suitable for the role. Market Recruitment makes no warranty about the suitability of the Clients on the Platform or the opportunities advertised on the Platform and Candidates will need to make their own assessments of suitability.
A Candidate is required to promptly notify us if they:

  • accept an offer of employment from a Client;
  • no longer wish for their details to be listed on the Platform.

If requested by a Client, the Candidate will provide full names and contact details of at least two referees whom the Candidate agrees the Client may approach for the purpose of obtaining a reference for the Candidate.

Client terms

The provisions set out in this section apply to those using the Platform as Clients (i.e. those offering freelance or employment opportunities).
Access to the Platform
It is the responsibility of the Client to ensure that each employee with access to the Platform is appropriately trained to handle and process personal data in accordance with the technical and organisational security measures the Client has in place and applicable data protection legislation and that they will keep their username and password safe and secure.

In registering for the Platform as a Client the User warrants that it has the permission and authority of their employer to register for and access the Platform. If the User has not been authorised by their employer to use the Platform on the behalf of their employer, the User remains fully liable for any accrued subscription fees.
Subscription and Fees
Whilst the Platform is provided free of charge to Candidates, Clients must pay to access and use the Platform.
You may purchase a subscription for the Platform directly from us by paying a subscription fee in advance on a monthly or annual basis which will enable you to use the Platform on an unlimited basis throughout the period of your subscription and contact as many Candidates as you like within the subscription period provided your usage of the Platform is in accordance with these Terms.

All subscription fees are non-refundable and in the event of a cancellation before the end of the subscription term no refunds will be provided.

Alternatively, if you are looking to hire employees via the Platform you may instead opt for free access to the Platform but agree to pay us upon successful Engagement of a Candidate via the Platform (“Placement Fee”). Access on this basis will not include the ability to hire freelancers and you will need to opt for a monthly or annual subscription if you wish to hire freelancers via the Platform. The Placement Fee payable will be an amount equal to 15% of the Candidate’s total expected first year gross base annual salary (excluding bonuses) and shall become payable 30 days after the Candidate’s start date for the relevant Engagement.
The Placement Fee charged for the introduction of any Candidate for an Engagement is applicable for one Engagement only. For each additional Candidate introduced by us via the Platform and Engaged by the Client, a further Placement Fee will be payable.
“Engagement” in this context shall mean the employment, hire or other use, directly or indirectly and whether under a contract of service or contract for services or otherwise, and/or whether on a permanent, temporary or other basis, of a Candidate by or on behalf of the Client.
You must provide us with credit card details and any other contact and billing details that are valid, complete, and up to date. If we have not received payment on the due date for payment, and without prejudice to any of our other rights and remedies we may, without liability, disable your access to all or part of the Platform while any payment due remains unpaid and shall be entitled to charge interest at a rate of 8% a year above the base lending rate of the Bank of England plc, accruing daily on any amount outstanding until it is paid.
Free Trial
Upon registering your profile for the first time, you are entitled to a free 14-day trial period which will provide you with access to all functionalities of the Platform (“Free Trial Period”). Unless you move to one of the agreed payment options before the end of the Free Trial Period, your access to the Platform will cease after the expiry of the Free Trial Period.
Only one Free Trial Period is available per organisation and a Free Trial Period will only be provided once.

In the event you hire a Candidate who you connected with during the Free Trial Period, you will be required to pay us a set percentage of 15% of the Candidate’s total expected first year gross base annual salary (excluding bonuses) if you select a Candidate for hire. This fee will be payable 30 days after the Candidate’s start date for the relevant Engagement (as defined above).

Client Profile
A Client must set up their own profile with information about their company and the opportunities they have available.
The Client must ensure that any information, images and logos that they upload to their profile complies with the Acceptable Use Policy set out above. Any User Generated Content deemed to be in breach of our Acceptable Use Policy may be reported to the authorities.

Contacting Candidates and Use of the Platform Messaging Facility
Candidates can send an anonymous request to a Client for a position, and their profile will become visible for that Client to review once they accept the request.
Once the Client has reviewed a Candidate on the Platform, the Client agrees to submit all requests for an interview exclusively through the Platform messaging service. The Client and the Candidate may use other means of communication as agreed upon between them after requests for interview have been submitted. The Client undertakes not to approach or attempt to hire a Candidate through alternative means of communication after being introduced to them through the Platform.
Candidates can submit anonymous questions to Client’s via the Platform, the Client must answer these questions honestly and accurately and ensure that their answers comply with our Acceptable Use Policy.
The Client’s use of the Platform messaging facility must comply with our Acceptable Use Policy at all times, and we reserve the right to suspend your access at any time if you are found to be using the messaging facility in breach of our Acceptable Use Policy.
The Client will carry out their own evaluations as to the suitability of any Candidate for any vacancies they are advertising for.
The Client acknowledges and agrees that prior to engaging with a Candidate it is the Client’s responsibility to:

  • carry out a review of each Candidate’s legal documentation and right to work; and
  • carry out any background checks or due diligence, including verification of any qualifications;

Market Recruitment makes no warranty about the suitability of any Candidates on the Platform and Clients will need to make their own assessments of suitability of Candidates for particular roles.