UK Hays app
End-user licence agreement
Please read these licence terms carefully
WHO WE ARE AND WHAT THIS AGREEMENT DOES
Hays Specialist Recruitment Limited of 4th Floor, 20 Triton Street, London NW1 3BF ("we", "us", "our") license you to use:
- Hays' digital platform software (the "Hays App") and any updates or supplements to it; and
as permitted in these terms.
Under data protection legislation, we are required to provide you with certain information about who we are, how we process your personal data and for what purposes, and your rights in relation to your personal data and how to exercise them. This information is provided here and it is important that you read that information.
Please be aware that internet transmissions are never completely private or secure and that any message or information you send using the Hays App or any Service may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.
OTHER TERMS ALSO APPLY
The ways in which you can use the Hays App may also be controlled by the rules and policies of the app store from which you download the Hays App, such as Apple and Google Play. Their rules and policies will apply instead of these terms where there are differences between the two.
OPERATING SYSTEM REQUIREMENTS
The Hays App requires an Android or iPhone device with a minimum of 512mb of memory and Android 9+ or iOS 10+ operating system.
SUPPORT FOR THE HAYS APP AND HOW TO TELL US ABOUT PROBLEMS
Support. If you want to learn more about the Hays App or the Service or have any problems using them, if you think the Hays App or the Services are faulty or misdescribed or wish to contact us for any other reason, please email out customer support team at email@example.com.
How we will communicate with you. If we have to contact you we will do so by email, by SMS or by pre-paid post, using the contact details you have provided to us.
In return for your agreeing to comply with these terms you may, when accessing the Hays App through an app on your chosen device:
- download a copy of the Hays App (we may from time to time limit the number of devices you may use for this purpose) and view, use and display the Hays App and the Service on such devices for your personal purposes only; and
- receive and use any free supplementary software code or update of the Hays App incorporating “patches” and corrections of errors as we may provide to you.
YOU MUST BE 16 TO ACCEPT THESE TERMS AND USE THE HAYS APP; NO CHILDREN
You must be 16 or over to accept these terms and use the Hays App. The Hays App and Service is not intended for persons under the age of 16. Persons under the age of 16 may not use the Hays App or Service.
YOU MAY NOT TRANSFER THE HAYS APP TO SOMEONE ELSE
We are giving you personally the right to use the Hays App and the Service as set out above. You may not otherwise transfer the Hays App or the Service to someone else, whether for money, for anything else or for free. If you sell any device on which the Hays App is installed, you must remove the Hays App from it.
CHANGES TO THESE TERMS
We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.
We will give you at least 30 days' notice of any change by sending you an SMS with details of the change or notifying you of a change when you next start the Hays App.
If you do not accept the notified changes this may mean you may continue to use the Hays App and the Service in accordance with the existing terms but certain new features may not be available to you, or you will not be permitted to continue to use the Hays App and the Service, depending on the circumstances.
UPDATE TO THE HAYS APP AND CHANGES TO THE SERVICE
From time to time we may automatically update the Hays App and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, where applicable, we may ask you to update the Hays App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Hays App and the Services.
The Hays App will always work with the current or previous version of the operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.
IF SOMEONE ELSE OWNS THE PHONE OR DEVICE YOU ARE USING
If you download the Hays App onto any phone or other device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these terms, whether or not you own the phone or other device.
ACCOUNT OR LOG-IN DETAIL
If you choose, or you are provided with, a user identification code, 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.
If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
WE MAY COLLECT TECHNICAL DATA ABOUT YOUR DEVICE
WE MAY COLLECT LOCATION DATA (BUT YOU CAN TURN LOCATION SERVICES OFF)
WE ARE NOT RESPONSIBLE FOR OTHER WEBSITES YOU LINK TO
The Hays App or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any).
You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.
You agree that you will:
- not rent, lease, sub-license, loan, provide, or otherwise make available the Hays App or the Services in any form, in whole or in part to any person without prior written consent from us;
- not copy the Hays App or Services, except as part of normal use of the Hays App or where it is necessary for the purpose of back-up or operational security;
- not translate, merge, adapt, vary, alter or modify the whole or any part of the Hays App or Services, nor permit the Hays App or the Services or any part of them to be combined with, or become incorporated in, any other programs, except as necessary to use the Hays App and the Services on devices as permitted in these terms;
- not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the Hays App or the Services nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the Hays App to obtain the information necessary to create an independent program that can be operated with the Hays App or with another program ("Permitted Objective"), and provided that the information obtained by you during such activities:
- is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
- is not used to create any software that is substantially similar in its expression to the Hays App;
- is kept secure; and
- is used only for the Permitted Objective;
- comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the Hays App or any Service.
ACCEPTABLE USE RESTRICTIONS
General Acceptable Use Restrictions
- not use the Hays App or any Service in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these terms, or act fraudulently or maliciously, for example by hacking into or inserting malicious code, such as viruses or harmful data, into the Hays App, any Service or any operating system;
- not use the Hays App or any Service to bully, insult, intimidate or humiliate any person;
- not use the Hays App or any Service to transmit or publish any unsolicited or unauthorised advertising or promotional material;
- not infringe our intellectual property rights or those of any third party in relation to your use of the Hays App or any Service, including by the submission of any content or material (to the extent that such use is not licensed by these terms);
- not transmit or submit to the Service any content or material that is defamatory, offensive or otherwise objectionable in relation to your use of the Hays App or any Service, or which does not comply with our content standards;
- not use the Hays App or the Service in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; and
- not collect or harvest any information or data from any Service or our systems or attempt to decipher any transmissions to or from the servers running any Service.
Where we provide any interactive Service (for example a bulletin board or chat room), we will provide clear information to you about the kind of service offered, if it is moderated and what form of moderation is used (including whether it is human or technical).
We will do our best to assess any possible risks for users from third parties when they use any interactive Service, and we will decide in each case whether it is appropriate to use moderation of the relevant service (including what kind of moderation to use) in the light of those risks. However, we are under no obligation to oversee, monitor or moderate any interactive Service we provide, and we expressly exclude our liability for any loss or damage arising from the use of any interactive Service by a user in contravention of these terms, whether the service is moderated or not.
Where we do moderate an interactive Service, we will normally provide you with a means of contacting the moderator, should a concern or difficulty arise.
Any content or material that you submit an interactive Service should be accurate and truthful.
We reserve the right to remove any content or material that does not comply with these terms but please be aware that you will be responsible for any consequences of us publishing such content or material. We do not endorse any such content or material and nor can any such content or material be kept confidential.
You grant us a worldwide, royalty-free license to use any content or material that you submit via the Service.
These Content Standards apply to any and all content and material which you contribute to any Service ("Contribution"), and to any interactive Services associated with it.
The Content Standards must be complied with in spirit as well as to the letter. The standards apply to each part of any Contribution as well as to its whole.
We will determine, in our discretion, whether a Contribution breaches the Content Standards.
A Contribution must:
- be accurate (where it states facts);
- be genuinely held (where it states opinions); and
- comply with the law applicable in England and Wales and in any country from which it is posted.
A Contribution must not:
- be defamatory of any person;
- be obscene, offensive, hateful or inflammatory;
- bully, insult, intimidate or humiliate;
- 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;
- breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
- promote any illegal activity;
- be in contempt of court;
- be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
- be likely to harass, upset, embarrass, alarm or annoy any other person;
- impersonate any person, or misrepresent your identity or affiliation with any person;
- give the impression that the Contribution emanates from any other person, if this is not the case;
- advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse;
- contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism;
- contain any advertising or promote any services or web links to other sites.
INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights in the Hays App and the Services throughout the world belong to us (or our licensors) and the rights in the Hays App and the Services are licensed (not sold) to you. You have no intellectual property rights in, or to, the Hays App or the Services other than the right to use them in accordance with these terms.
OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU
We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors or for fraud or fraudulent misrepresentation.
When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, 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.
We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
Limitations to the Hays App and the Services. The Hays App and the Service are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking or refraining from any action on the basis of information obtained from the Hays App or the Service. Although we make reasonable efforts to update the information provided by the Hays App and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.
Please back-up content and data used with the Hays App. We recommend that you back up any content and data used in connection with the Hays App, to protect yourself in case of problems with the Hays App or the Service.
Check that the Hays App and the Services are suitable for you. The Hays App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Hays App and the Service (as described on the relevant app store site) meet your requirements.
We are not responsible for events outside our control. If our provision of the Service or support for the Hays App or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this, we will not be liable for delays caused by the event, but if there is a risk of substantial delay you may contact us to end your contract with us.
WE MAY END YOUR RIGHTS TO USE THE APP AND THE SERVICES IF YOU BREAK THESE TERMS
We may end your rights to use the Hays App and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.
If we end your rights to use the Hays App and Service:
- you must stop all activities authorised by these terms, including your use of the Hays App and the Service;
- you must delete or remove the Hays App from all devices in your possession and immediately destroy all copies of the Hays App which you have and confirm to us that you have done this; and
- we may remotely access your devices and remove the Hays App from them and cease providing you with access to the Service.
WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE
We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.
YOU NEED OUR CONSENT TO TRANSFER YOUR RIGHTS TO SOMEONE ELSE
You may only transfer your rights or your obligations under these terms to another person if we agree in writing.
NO RIGHTS FOR THIRD PARTIES
This agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this agreement.
IF A COURT FINDS PART OF THIS CONTRACT ILLEGAL, THE REST WILL CONTINUE IN FORCE
Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.
EVEN IF WE DELAY IN ENFORCING THIS CONTRACT, WE CAN STILL ENFORCE IT LATER
Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.
WHICH LAWS APPLY TO THIS CONTRACT AND WHERE YOU MAY BRING LEGAL PROCEEDINGS
These terms are governed by English law and you can bring legal proceedings in respect of the Hays App and the Service in the English courts. If you live in Scotland you can bring legal proceedings in respect of the Hays App and the Service in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the Hays App and the Service in either the Northern Irish or the English courts.