Terms of Use
Understanding your rights and responsibilities as a Labour xchange user
Privacy Reminder
Protect your personal information by never providing, credit/debit card or bank account numbers or personal details to prospective hiring companies.
Definitions
Company – This is the business using the Labour xchange site to look for staff. This may be a limited Company, partnership, public limited Company or sole trader.
Site – This is the Labour xchange platform
Worker – This is the individual using the Labour xchange site to find additional work to boost their income.
Labour xchange – The name for Labour xchange Ltd, the sole proprietor of the Labour xchange site and workface profile ©
Workface and Profile – The system in which Workers detail their availability, preferred work type and skills linked. Also includes the ability to publish a video/photo. A Company can then view this access suitability for temporary employment.
Your and You – The end user, includes both Workers and Workers and is dependent to whom the clause applies
Company portal – The portal which enables each individual company to login change details and search for staff.
Worker portal – The portal which enables each individual worker to login, change details and amend their profile.
Booking – The offer of work by an employer and the agreement to work by a worker.
Terms of Use
This page states the Terms of Use (\\\"Terms\\\") under which you (\\\"You\\\") may use the Labour xchange Sites and the Services (each as defined below). These Terms include the Labour xchange Privacy Policy, which is incorporated into these Terms by reference.
These Terms constitute a binding agreement between You and Labour xchange, and are deemed accepted by You each time that You use or access any Labour xchange Site or Labour xchange Services. If You do not accept the Terms stated here, do not use the Labour xchange Sites and the Labour xchange Services.
The Labour xchange Sites are defined as any Web sites under Labour xchange’s control, whether partial or otherwise and include the Labour xchange Site. The Labour xchange Site is defined as the applications and services offered by Labour xchange, including an on-line service to note availability for and search temporary work opportunities and including any application accessed through the Labour xchange Site and/or any mobile or other interface that allows You to access such application (collectively, “Labour xchange Services”). The Labour xchange Sites also allow Workers to create individual profiles, which may include personal information (” Workface”), and to make these Profiles, or aspects thereof, public. Labour xchange may revise these Terms at any time by posting an updated version to this Web page. You should visit this page periodically to review the most current Terms because they are binding on You.
Users who violate these Terms may have their access and use of the Labour xchange Sites suspended or terminated, at Labour xchange’s sole discretion.
You must be 18 years of age or older to visit or use any Labour xchange Site in any manner, and, if under the age of 18 or the age of majority as that is defined in Your jurisdiction,.
You may not use the Labour xchange Content or Profiles to determine a consumer\\'s eligibility for: (a) credit or insurance for personal, family, or household purposes; (b) employment; or (c) a government license or benefit.
- Use of Labour xchange Content.
Labour xchange authorises You, subject to these Terms, to access and use the Labour xchange Sites and the Labour xchange Content (as defined below) and to download and print a single copy of the content available on or from the Labour xchange Sites solely for Your personal, non-commercial use. The contents of the Labour xchange Sites, such as designs, text, graphics, images, video, information, logos, button icons, software, audio files and other Labour xchange content (collectively, \\\"Labour xchange Content\\\"), are protected under copyright, trademark and other laws. All Labour xchange Content is the property of Labour xchange. The compilation (meaning the collection, arrangement and assembly) of all content on the Labour xchange Sites is the exclusive property of Labour xchange and is protected by copyright, trademark, and other laws. Unauthorised use of the Labour xchange Content may violate these laws and/or applicable communications regulations and statutes, and is strictly prohibited. You must preserve all copyright, trademark, service mark and other proprietary notices contained in the original Labour xchange Content on any authorised copy You make of the Labour xchange Content.
Any code that Labour xchange creates to generate or display any Labour xchange Content or the pages making up any Labour xchange Site is also protected by Labour xchange\\'s copyright and You may not copy or adapt such code.
You agree not to sell or modify the Labour xchange Content or reproduce, display, publicly perform, distribute, or otherwise use the Labour xchange Content in any way for any public or commercial purpose, in connection with products or services that are not those of the Labour xchange Sites, in any other manner that is likely to cause confusion among Workers, that disparages or discredits Labour xchange, that dilutes the strength of Labour xchange\\'s property, or that otherwise infringes Labour xchange\\'s intellectual property rights. You further agree to in no other way to misuse Labour xchange Content. The use of the Labour xchange Content on any other application, web site or in a networked computer environment for any purpose is prohibited. Any code that Labour xchange creates to generate or display any Labour xchange Content or the pages making up any Application or Service is also protected by Labour xchange\\'s copyright and you may not copy or adapt such code.
- Use of the Labour xchange Services.
The “Work face” profile (“Labour xchanges profile Database”) and other features of the Labour xchange Sites may be used only by Workers seeking temporary employment and by Companies seeking temporary staff. Your use of the Labour xchange Services is also subject to any other contracts You may have with Labour xchange. In the case of any conflict between these Terms and any contract you have with Labour xchange, the terms of your contract will prevail. The term “Create” as used herein shall mean information that You submit, publish or display on a Labour xchange Site.
You are responsible for maintaining the confidentiality of Your account, Profile and passwords, as applicable. You may not share Your password or other account access information with any other party, temporarily or permanently, and You shall be responsible for all uses of Your Labour xchange Site registrations and passwords, whether authorised by You. You agree to immediately notify Labour xchange of any unauthorised use of Your account, Profile, or passwords via the report abuse link.
All Labour xchange Users agree to not:
(a) transmit, post, distribute, store or destroy material, including without limitation Labour xchange Content, in violation of any applicable law or regulation, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of Labour xchange’s privacy policy;
(b) take any action that imposes an unreasonable or disproportionately large load on any Labour xchange Site\\'s infrastructure;
(c) use any device to navigate or search any Labour xchange Site other than the tools available on the Site, generally available third party web browsers, or other tools approved by Labour xchange;
(d) use any data mining, robots or similar data gathering or extraction methods;
(e) violate or attempt to violate the security of any Labour xchange Site including attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
(f) forge any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting;
(g) reverse engineer or decompile any parts of any Labour xchange Site;
(h) aggregate, copy or duplicate in any manner any of the Labour xchange Content or information available from any Labour xchange Site, including expired job postings, other than as permitted by these Terms;
(I) frame or link to any Labour xchange Content or information available from any Labour xchange Site, unless permitted by these Terms;
(j) post any content or material that promotes or endorses false or misleading information or illegal activities, or endorses or provides instructional information about illegal activities or other activities prohibited by these Terms, such as making or buying illegal weapons, violating someone\\'s privacy, providing or creating computer viruses or pirating media;
(k) create a Workface profile on behalf of another party;
(l) set more than one copy of the same “workface profile at any one time;
(m) share with a third party any login credentials to any Labour xchange Site;
(o) access data not intended for You or logging into a server or account which You are not authorised to access;
(p) post or submit to any Labour xchange Site any incomplete, false or inaccurate biographical information or information which is not Your own;
(q) post content that contains restricted or password-only access pages, or hidden pages or images;
(r) solicit passwords or personally identifiable information from other Users;
(s) delete or alter any material posted by any other person or entity;
(t) harass, incite harassment or advocate harassment of any group, Company, or individual;
(u) send unsolicited mail or email, make unsolicited phone calls or send unsolicited faxes.
(v) attempt to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to any Labour xchange Site, overloading, \\\"flooding\\\", \\\"spamming\\\", \\\"mailbombing\\\" or \\\"crashing\\\";
(w) promote or endorse an illegal or unauthorised copy of another person\\'s copyrighted work, such by as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files; or
(x) use the Labour xchange Services for any unlawful purpose or any illegal activity, or post or submit any content, resume, or job posting that is defamatory, libelous, implicitly or explicitly offensive, vulgar, obscene, threatening, abusive, hateful, racist, discriminatory, of a menacing character or likely to cause annoyance, inconvenience, embarrassment, anxiety or could cause harassment to any person or include any links to pornographic, indecent or sexually explicit material of any kind, as determined by Labour xchange’s discretion.
Violations of system or network security may result in civil and/or criminal liability. Labour xchange will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
- Additional Terms Applicable to Companies.
(a) employment status
All Workers found on the Labour xchange platform are individuals looking to work additional hours gaining additional income on a self-employed basis. The motivation for Workers to look for additional work varies however each one is considered self-employed.
(b) standard employment rights
As self-employed individuals, the Workers do not have employment rights such as:
- Holiday pay entitlement paid by The Company
- Sick pay entitlement paid by The Company
- Requirement for pension entitlement paid by The Company
To compensate Workers for any lost rights associated with self-employed status all Workers receive a minimum fee of £10 per hour. Other than the Worker fee and the Labour xchange administration fee no other costs are incurred by you.
(c) health and safety
Although the Workers do not have employment rights you are required to provide a safe environment for them in line with HSE guidelines on contractors.
Should the environment/role be unsafe, the Worker has the right to refuse to work. Should this happen no fees are refundable. The Worker in addition to rating your Company poorly can file a complaint with Labour xchange, which should it be upheld Labour xchange reserve the right to permanently prohibit You from using the platform.
For guidance on a what is deemed a safe role/environment please visit the HSE website.
(d) respect and dignity
All Workers although self-employed have the right to be treated with respect and dignity. Should you:
- Harass the Worker
- Abuse the Worker (verbally or physically)
- Discriminate the Worker on any grounds (including but not limited to race, gender, sexuality, religion, age)
The Worker has the right to refuse not to work. Should this happen no fees are refundable. The Worker in addition to rating your Company poorly can file a complaint with Labour xchange, which should it be upheld Labour xchange reserve the right to permanently bar you from using the platform.
(e) Illegal activity
Should the Worker be asked to carry out any activity which could be classified illegal they have the right to refuse to work. Should this happen no fees are refundable. The Worker in addition to rating your Company poorly can file a complaint with Labour xchange, which should it be upheld Labour xchange reserve the right to permanently bar you from using the platform.
In addition, Labour xchange will pass any illegal activities noted on to law enforcement agencies.
(f) employment selection
Companies are solely responsible for screening all Workers via their workface profile. Labour xchange shall not be responsible for any employment decisions or issues resulting from.
All Workers are considered self-employed and although Labour xchange facilitates their payment from you they are not and have not been employees of Labour xchange. As such Labour xchange neither recommends any Worker nor guarantees their abilities.
The star rating system is provided as a tool to assess each Worker’s suitability; the rating is calculated from their previous placement feedback and other factors which you can see here. A strong star rating does not guarantee a suitable Worker and should be used for guidance purposes only.
Labour xchange accepts no liability for any damage or loss resulting from any Worker.
(g) eligibility to work in the UK
As part of the sign up process all Worker must upload documentation that demonstrates their right to work in the UK. If you are able to book a Worker, Labour xchange will have already received such uploaded documentation.
As the UK law states companies, must see an original copy of eligibility documentation the Worker must bring the original copy of the document to your booking. It is then your responsibility to check the original document and be satisfied of their eligibility to work before they start any actual work. Should a Worker fail to bring their original documentation you must refuse to let them work otherwise you will be in breach of UK law. Should a Worker be refused work for failing to supply documentation a full refund will be issued.
Although Labour xchange makes every effort to ensure all registered Workers are legally allowed to work in the UK, ultimately as their direct contractor this is your responsibility and Labour xchange accepts no liability for loss/damage arising from failure in this field.
- H) data protection act
(h) payment terms
The Workers fee and Labour xchange administration fee are taken in advance as part of the booking process. On your behalf Labour xchange will transmit the Worker fee upon booking completion.
These fees may be refunded in full or part as per;
(g)the worker not being able to prove eligibility to work in the UK,
(i) booking amendment policy,
(j) cancellation policy,
(k) disputes policy.
(i) booking amendment policy
If for any reason you should need to amend a booking the following terms apply;
We will notify the Worker of your change of booking request. Should they be able to accommodate the request you will be notified and the booking will proceed as normal. Should the Worker be unable to accommodate the request we will search for other Workers and begin the booking process from start. Should a suitable replacement be confirmed the booking will proceed as normal, should a suitable replacement not be sourced the booking will be deemed cancelled (as such cancellation terms apply).
(j) booking cancellation policy
Should the Worker cancel the agreed booking Labour xchange will initiate the booking process from start to identify a possible replacement. Should there not be a suitable replacement a full refund of all fees will be made.
Should you need to cancel the booking for any reason:
Bookings with Over 24 hours until scheduled to start (i)
All fees will be refunded, however, an administration fee of £5 per day will be imposed which will be deducted from the refunded sums.
Bookings with Under 24 hours until scheduled to start (ii)
50% of the Worker’s fee will be refunded and an administration fee of £5 per day will be imposed which will be deducted from the refunded sums.
Bookings with Under 12 hours until scheduled to start (iii)
No refund can be issued
(j) disputes policy
Should the booking commence the Worker will receive their fee in all but the following circumstance:
- The Worker fails to turn up for work within 15 minutes of the agreed start time. Should this happen you will need to report this immediately via the Company’s portal. If/when verified a full refund will be issued. Should there be an unreasonable delay in reporting this via the portal a refund may not be issued.
- The Worker fails to provide original documentation proving eligibility to work in the UK. Should this happen you will need to report this immediately via the Company’s portal. If/when verified a full refund will be issued. Should there be an unreasonable delay in reporting this via the portal a refund may not be issued.
- The Worker is unable to carry out the required duties safely due to being intoxicated or through similar incapacity. Should this happen you will need to report this immediately via the Company’s portal. If/when verified a full refund will be issued. Should there be an unreasonable delay in reporting this via the portal a refund may not be issued.
- The Worker acts in way which endangers themselves or others or property. Should this happen you will need to report this immediately via the Company’s portal If/when verified a full refund will be issued. Should there be an unreasonable delay in reporting this via the portal a refund may not be issued.
- Although other disputes will not routinely be considered we you can report issues for review. Should this happen you will need to report this immediately via the Company’s portal. If/when verified a full refund will be issued. Should there be an unreasonable delay in reporting this via the portal a refund may not be issued.
(k) excluded activity
Company are not allowed to use the Labour xchange system for the following:
(a) jobs that include any screening requirement or criterion about a job where such requirement or criterion is not an actual and legal requirement of the posted job;
(b) with respect to Profiles, determine a consumer\\'s eligibility for: (i) credit or insurance for person, family, or household purposes; (ii) employment; or (iii) a government license of benefit.
(c) sell, promote or advertise products or services;
(g) post any franchise, pyramid scheme, \\\"club membership\\\", distributorship, multi-level marketing opportunity, or sales representative agency arrangement;
(h) post any business opportunity that requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;
(i) post any business opportunity that pays commission only.
(j) promote any opportunity that does not represent bona fide employment.
(k) recruit on Labour xchange Site for modeling, acting, talent or entertainment agencies or talent scouting positions;
(l) advertise sexual services or seek employees for jobs of a sexual nature;
(m) request the use of human body parts or the donation of human parts, including, without limitation, reproductive services such as egg donation and surrogacy;
(n) endorse a political party, political agenda, political position or issue;
(o) promote a religion;
(p) post jobs located in countries subject to economic sanctions of the UK Government
(q) except where allowed by applicable law, post jobs which require the applicant to provide information relating to his/her (i) racial or ethnic origin (ii) political beliefs (iii) philosophical or religious beliefs (iv) membership of a trade union (v) physical or mental health (vi) sexual life (vii) the commission of criminal offences or proceedings or (vii) age.
Labour xchange reserves the right to remove any Company from any Labour xchange Site, which in the reasonable exercise of Labour xchange’s discretion, does not comply with the above Terms, or if any content is posted that Labour xchange believes is not in the best interest of Labour xchange.
If at any time during Your use of the Labour xchange Services, you made a misrepresentation of fact to Labour xchange or otherwise misled Labour xchange in regard to the nature of Your business activities, Labour xchange will have grounds to terminate Your use of the Labour xchange Services.
(l) Worker booking frequency
Labour xchange is a platform that enables Companies to find ad-hoc additional staff when required, as the systems is based around impartial calculated algorithms Workers provided are at chance and can be categorically deemed as self-employed.
Should a Company consistently book the same Worker Labour xchange will refuse the booking request, as the Worker could be deemed to be an employee due to the consistent nature of employment. For the avoidance of doubt Labour xchange considers the following “consistent booking”
- In a period of six months the same worker booked for more than two two weeks periods
- The same Worker booked on more than twelve separate occasions over a 6-month period.
The Company has the opportunity however to employee the Worker directly, see permanent recruitment.
(m) Permanent recruitment
Following a booking should the Company feel a Worker is suited for more regular employment they have the option to offer the Worker a permeant position. Accessed through the Company’s portal an offer of permeant employment can be made.
Although Labour xchange will communicate the permanent offer to the Worker it can neither guarantee, acceptance nor provide feedback on refusal.
Should a Worker accept the permanent offer of employment a £100 administration fee becomes due to Labour xchange. This fee is fully refundable should the Worker fail to start the permanent recruitment.
As part of the administration fee Labour xchange will provide an “Companies pack” with advice and guidance on employing staff.
Should the Company permanently hire a Worker book through Labour xchange and fail to notify Labour xchange and/or pay the administration fee a penalty fee of £750 becomes due immediately to cover Labour xchange losses.
.
(n) hiring staff temporarily outside Labour xchange
Should a Company attempt to hire a Worker previously booked through Labour xchange outside the Labour xchange platform a £750 penalty fee will become immediately due to cover Labour xchange losses.
- Additional terms applicable to Workers.
(a) employment status
By agreeing to the Labour xchange Terms and conditions you are confirming that all work offered by companies through the Labour xchange platform is on a self-employed basis. Neither the Company nor Labour xchange is your Company, rather you are contracting your services directly to the Company using Labour xchange as means to acquire business.
As a self-employed Worker, you are responsible for the payment of your own tax and you do not receive the following benefits associated with employment:
- Holiday pay
- Sick pay
- Employment rights
To compensate you for any losses associated with self-employment all companies will pay a minimum of £10 per hour.
For support and help regarding self-employment please visit the Community TU support site.
(b) health and safety
As a self-employed Worker, you must be aware of your health and safety obligations, please visit the Community TU support site for more details.
The Company employing you must however provide a safe environment and role for you. If you believe the environment/role to be unsafe, concerns must be addressed to the Company in the first instance. However ultimately you should never work in an unsafe environment/role and will not be penalised for refusing to do so.
(c) payment terms
Once you have confirmed the ability to attend an offered booking Labour xchange will take the payment from the Company in advance for your fees. These will be held by Labour xchange until the booking has been completed. Payment will then be made to your bank account within 24hrs of booking completion on behalf of the Company.
In all but the following circumstances you will receive the agreed fee:
- You fail to attend the offered booking
- You fail to bring original eligibility to work documentation to the offered booking
- You attend the offered booking whilst intoxicated or otherwise incapacitated
- You act in manor with threatens yours, others or property safety.
In all cases we will notify you of the issued dispute from the Company and note your comments.
(d) cancellation policy
Should you fail to attend a booking without notifying Labour xchange your star rating will be immediately taken to zero.
Should you cancel a booking on more than three occasions with less than 12 hours’ notice your star rating will be immediately taken to zero.
Should a Company cancel your booking with less than 24hours notice you will still receive 50% of your agreed fee. Should a Company cancel your booking with less than 12 hours’ notice you will receive your entire fee.
In circumstances of cancelation we will notify you via the agreed communication method.
(e) Workface profile creation
When You register with any Labour xchange Site, you will be asked to create an account and provide Labour xchange with certain information including, without limitation, a valid email address (Your \\\"Workface profile\\\").
Any Profile You submit must be accurate and describe You, an individual person.
You acknowledge and agree that You are solely responsible for the form, content and accuracy of any Profile or material contained therein placed by You on the Labour xchange Sites.
You understand and acknowledge that You have no ownership rights in Your account and that if You cancel Your Labour xchange account or Your Labour xchange account is terminated, all Your account information from Labour xchange, including ratings, Profiles, and work history will be marked as deleted in and may be deleted from Labour xchange\\'s databases and will be removed from any public area of the Labour xchange Sites. Information may continue to be available for some period of time because of delays in propagating such deletion through Labour xchange’s web servers.
Labour xchange reserves the right to delete Your account and all Your Information after a significant duration of inactivity.
(e) Workface profile maintenance
You agree to keep you your workface updated and in good order. You also agree to keep your availability updated which will in turn ensure you are only contacted regarding relevant opportunities.
All information on the workface profile must be honest and relevant. Videos should follow the script provided to ensure necessary information is included. Videos are not permitted to contain:
- Offensive language
- Religious, racist, sexist, or other discriminatory comments
- Lewd of offensive visuals
Labour xchange maintains the absolute right to refuse publication or deletion of any video it deems inappropriate.
(g) eligibility to work in the UK
All Workers who register with Labour xchange must be eligible to work in the UK. If you are not eligible to work in the UK, you are not permitted to use the Labour xchange system.
Before your profile can go live Labour xchange requires all Workers to upload proof of eligibility work documents. A list of accepted documents can be found here. Labour xchange cannot activate a Worker’s profile without the required upload in any circumstances.
As part of UK law, a Company must see the original proof of eligibility document. Therefore, when attending any booking you must take the original document to show to the Company. Should you fail to take the original documents to any booking you will not be allowed to work and sent home without any fee.
Labour xchange accepts no liability for lost fees should a Worker fail to bring the original document to a booking.
(h) booking frequency
Should a Company continuously try to book you in an extended period Labour xchange will stop the Company from booking you. Labour xchange will instead suggest the Company offers you a permeant contract.
This is to protect all Workers from companies which are attempting to avoid employment rights associated with continued work.
(i) permanent recruitment
There may be occasions where a Company may be interested in offering you a permanent contract following a booking through Labour xchange. We will notify you via the Worker portal should such an offer be made. The acceptance of any offer is entirely at your discretion and should be considered carefully.
As starting permanent employment can incur additional costs for Workers Labour xchange will contribute to Worker’s success by:
- Making a discretionary payment of £15 to the Worker once they start their permanent role
- Making a discretionary payment of £15 to the Worker once they have been employed for 1 month.
All payment is entirely discretionary and at the decision of the Labour xchange management. These payments are to enable the smooth transition for Workers into a new role as Labour xchange is committed to Worker welfare.
All offers of permanent employment must be made through the Labour xchange system, should a Company approach you directly please report this via the Worker’s portal.
(i) self-employed support from community TU
As a Labour xchange member you have automatically been opted in to receive access to a support site from Community trade union. The support site is providing free of charge and entirely at the direction of community trade union.
You can opt out of the support site during sign up
Labour xchange has no control over the Community support site and therefore accepts no liability regarding any loss as result of site failure or advice given. When accessing the Community TU support site, you are agreeing to the entire terms of use which can be found here
- User Content and Submissions.
You understand that all information, data, text, software, music, sound, photographs, graphics, video, advertisements, messages or other materials submitted, posted or displayed by You on or through a Labour xchange Site (\\\"User Content\\\") is the sole responsibility of the person from which such User Content originated. Labour xchange claims no ownership or control over any User Content. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any User Content you submit, post or display on or through Labour xchange and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying User Content on or through Labour xchange, you grant Labour xchange a worldwide, non-exclusive, royalty-free, transferable, sub-licensable license to use, reproduce, adapt, distribute and publish such User Content through Labour xchange. In addition, by submitting, posting or displaying User Content which is intended to be available to the general public, you grant Labour xchange a worldwide, non-exclusive, royalty-free license to reproduce, adapt, distribute and publish such User Content for the purpose of promoting Labour xchange and its services. Labour xchange will discontinue this licensed use within a commercially reasonable period after such User Content is removed from Labour xchange. Labour xchange reserves the right to refuse to accept, post, display or transmit any User Content in its sole discretion.
You also represent and warrant that You have the right to grant, or that the holder of any rights, including moral rights in such content has completely and effectively waived all such rights and validly and irrevocably granted to You the right to grant, the license stated above. If You post User Content in any public area of any Labour xchange Site, you also permit any User to access, display, view, store and reproduce such User Content for personal use. Subject to the foregoing, the owner of such User Content placed on any Labour xchange Site retains any and all rights that may exist in such User Content. Labour xchange may review and remove any User Content that, in its sole judgment, violates these Terms, violates applicable laws, rules or regulations, is abusive, disruptive, offensive or illegal, or violates the rights of, or harms or threatens the safety of, Users of any Labour xchange Site. Labour xchange reserves the right to expel Users and prevent their further access to the Labour xchange Sites and/or use of Labour xchange Services for violating the Terms or applicable laws, rules or regulations. Labour xchange may take any action with respect to User Content that it deems necessary or appropriate in its sole discretion if it believes that such User Content could create liability for Labour xchange, damage Labour xchange’s brand or public image, or cause Labour xchange to lose Users or (in whole or in part) the services of its ISPs or other suppliers.
Labour xchange does not represent or guarantee the truthfulness, accuracy, or reliability of User Content, derivative works from User Content, or any other communications posted by Users nor does Labour xchange endorse any opinions expressed by Users. You acknowledge that any reliance on material posted by other Users will be at Your own risk.
The following is a partial list of User Content that is prohibited on the Application. The list below is for illustration only and is not a complete list of all prohibited User Content.
Content that:
- is implicitly or explicitly offensive, such as User Content that engages in, endorses or promotes racism, bigotry, discrimination, hatred or physical harm of any kind against any group or individual;
- harasses, incites harassment or advocates harassment of any group or individual;
- involves the transmission of “junk mail”, “chain letters,” or unsolicited mass mailing, “spamming” or “phishing”;
- promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
- promotes or endorses an illegal or unauthorized copy of another person\\'s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;
- contains restricted or password only access pages, or hidden pages or images;
- displays or links to pornographic, indecent or sexually explicit material of any kind;
- provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18; or
- provides instructional information about illegal activities or other activities prohibited by these Terms, including without limitation, making or buying illegal weapons, violating someone\\'s privacy, providing or creating computer viruses or pirating any media; and
- solicits passwords or personal identifying information from other Users.
Any Profile You submit must describe You, an individual person. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
You may not include, in any User Content submitted to Labour xchange Networking, information that may be interpreted as a direct solicitation, advertisement or recruitment for an available job position directed to individuals seeking employment on either a full time or part time basis. In order to protect our Labour xchange Community Users from commercial advertising or solicitation, Labour xchange reserves the right to restrict the number of e-mails or other messages which a User may send to other Users to a number which Labour xchange deems appropriate in its sole discretion.
Profiles derived from User Content may also be made available through the Labour xchange Sites. Labour xchange does not make any representations regarding the accuracy or validity of such derived works or their appropriateness for evaluation by Companies. Derived Profiles may differ significantly from User Content.
We appreciate hearing from our Users and welcome Your comments regarding our services and the Labour xchange Sites. Please be advised, however, that our policy does not permit us to accept or consider creative ideas, suggestions, inventions or materials other than those which we have specifically requested. While we do value Your feedback on our services, please be specific in Your comments regarding our services and do not submit creative ideas, inventions, suggestions, or materials. If, despite our request, you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the \\\"Submission\\\"), the Submission shall be the property of Labour xchange. None of the Submission shall be subject to any obligation of confidentiality on our part and we shall not be liable for any use or disclosure of any Submission. Labour xchange shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to You or any other person.
- Identification of Agent to Receive Notification and Elements of Notification of Claimed Copyright or Trademark Infringement.
If You believe that Your copyrighted work or trademark has been uploaded, posted or copied to any Labour xchange Site and is accessible on such Labour xchange Site in a way that constitutes copyright or trademark infringement, please contact Labour xchange by email at
- Policy Regarding Termination of Users Who Infringe the Copyright or Other Intellectual Property Rights of Others.
Labour xchange respects the intellectual property of others, and we ask our Users and content partners to do the same. The unauthorized posting, reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owners rights. As a condition to Your use of the Labour xchange Sites, you agree not to use any Labour xchange Site to infringe the intellectual property rights of others in any way. Labour xchange reserves the right to terminate the accounts of any Users, and block access to the Labour xchange Sites of any Users who are repeat infringers of the copyrights, or other intellectual property rights, of others. Labour xchange reserves the right, in its sole discretion, to take these actions to limit access to the Site and/or terminate the accounts of any time, in our sole discretion Users who infringe any intellectual property rights of others, whether or not there is any repeat infringement, with or without notice, and without any liability to the User who is terminated or to the User whose access is blocked. Notwithstanding the foregoing, in the event that You believe in good faith that a notice of copyright infringement has been wrongly filed against You, please contact Labour xchange as set forth in Section 6 above.
- Labour xchange\\'s Liability.
The Labour xchange Sites act as, among other things, venues for (i) Companies to search for and evaluate job Workers and (ii) Workers to produce workface Profiles and detail their availability. Labour xchange does not screen or censor the listings, including Profiles offered. Labour xchange is not involved in, and does not control, the actual transaction between Companies and Workers other than transmitting payment. As a result, Labour xchange is not responsible for User Content, the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Companies to offer job opportunities to Workers or the ability of Workers to fill job openings and Labour xchange makes no representations about any jobs, profiles or User Content on the Labour xchange Sites. While Labour xchange reserves the right in its sole discretion to remove User Content, profiles or other material from the Labour xchange Sites from time to time, Labour xchange does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take any such action.
Note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom You come in contact through the Labour xchange Sites. By its very nature other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that You will use caution and common sense when using the Labour xchange Sites.
Because User authentication on the Internet is difficult, Labour xchange cannot and does not confirm that each User is who they claim to be. Because we do not and cannot be involved in User-to-User dealings or control the behavior of participants on any Labour xchange Site, in the event that You have a dispute with one or more Users, You release Labour xchange (and our agents and employees) from claims, demands and damages (actual and consequential and direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes to the fullest extent permitted by law.
The Labour xchange Sites and the Labour xchange Content may contain inaccuracies or typographical errors. Labour xchange makes no representations about the accuracy, reliability, completeness, or timeliness of any Labour xchange Site or the Labour xchange Content. The use of all Labour xchange Sites and the Labour xchange Content is at Your own risk. Changes are periodically made to Labour xchange Sites and may be made at any time. Labour xchange cannot guarantee and does not promise any specific results from use of any Labour xchange Site. No advice or information, whether oral or written, obtained by a User from Labour xchange or through or from any Labour xchange Site shall create any warranty not expressly stated herein.
Labour xchange encourages You to keep a back-up copy of any of Your User Content. To the extent permitted by law, in no event shall Labour xchange be liable for the deletion, loss, or unauthorized modification of any User Content.
If You believe that something on the Site violates these Terms, please contact our designated agent set forth in Section 6 above.
If notified of any content or other materials which allegedly do not conform to these Terms, Labour xchange may in its sole discretion investigate the allegation and determine whether to remove or request the removal of the content. Labour xchange has no liability or responsibility to Users for performance or nonperformance of such activities.
- Disclaimer of Warranty.
TO THE FULLEST EXTENT POSSIBLE BY LAW, LABOUR XCHANGE DOES NOT WARRANT THAT ANY LABOUR XCHANGE SITE OR ANY LABOUR XCHANGE SERVICES WILL OPERATE ERROR-FREE OR THAT ANY LABOUR XCHANGE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY LABOUR XCHANGE SITE OR THE LABOUR XCHANGE CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA OR ANY OTHER COSTS, LABOUR XCHANGE IS NOT RESPONSIBLE FOR THOSE COSTS. THE LABOUR XCHANGE SITES AND LABOUR XCHANGE CONTENT ARE PROVIDED ON AN \\\"AS IS\\\" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. LABOUR XCHANGE, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. LABOUR XCHANGE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE LABOUR XCHANGE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
- Disclaimer of Consequential Damages.
TO THE FULLEST EXTENT POSSIBLE BY LAW, IN NO EVENT SHALL LABOUR XCHANGE, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY LABOUR XCHANGE SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY LABOUR XCHANGE SITE AND THE LABOUR XCHANGE CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT LABOUR XCHANGE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Limitation of Liability.
TO THE FULLEST EXTENT POSSIBLE BY LAW, LABOUR XCHANGE\\'S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY LABOUR XCHANGE SITE OR YOUR USE OF THE LABOUR XCHANGE CONTENT, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED £100.
- Links to Other Sites.
The Labour xchange Sites contain links to third party Web sites. These links are provided solely as a convenience to You and not as an endorsement by Labour xchange of the contents on such third-party Web sites. Labour xchange is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If You decide to access linked third-party Web sites, you do so at Your own risk.
- No Resale or Unauthorized Commercial Use.
You agree not to resell or assign Your rights or obligations under these Terms. You also agree not to make any unauthorised commercial use of any Labour xchange Site.
- Indemnity.
You agree to defend, indemnify, and hold harmless Labour xchange, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from (i) any User Content or other material You provide to any Labour xchange Site, (ii) Your use of any Labour xchange Content, or (iii) Your breach of these Terms. Labour xchange shall provide notice to You promptly of any such claim, suit, or proceeding.
- General.
Labour xchange makes no claims or representations that the Labour xchange Content may be lawfully viewed or accessed outside of the United Kingdom. Access to the Labour xchange Content may not be legal by certain persons or in certain countries. If You access any Labour xchange Site You do so at Your own risk and are responsible for compliance with the laws of Your jurisdiction.
These Terms are governed by the laws of England and Wales, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively within England and Wales. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. No waiver of any term of these Terms shall be deemed a further or continuing waiver of such term or any other term. In addition, Labour xchange’s failure to enforce any term of these Terms shall not be deemed as a waiver of such term or otherwise affect Labour xchange’s ability to enforce such term at any point in the future. Except as expressly provided in an additional agreement, additional Terms for certain areas of the Labour xchange Sites, a particular \\\"Legal Notice,\\\" or software license or material on particular pages on the Labour xchange Sites, these Terms constitute the entire agreement between You and Labour xchange with respect to the use of the Labour xchange Sites. No changes to these Terms shall be made except by a revised posting on this page.
- Mobile Services.
If You use the Labour xchange Sites through a mobile device, you agree that information about Your use of the Labour xchange Sites through Your mobile device and carrier may be communicated to us, including but not limited to Your mobile carrier, Your mobile device, or Your physical location. In addition, use of the Labour xchange Sites through a mobile device may cause data to be displayed on and through Your mobile device. By accessing the Labour xchange Sites using a mobile device, you represent that to the extent You import any of Your Labour xchange data to Your mobile device that You have authority to share the transferred data with Your mobile carrier or other access provider. In the event You change or deactivate Your mobile account, you must promptly update Your Labour xchange account information to ensure that Your messages are not sent to the person that acquires Your old number and failure to do so is Your responsibility. You acknowledge You are responsible for all charges and necessary permissions related to accessing the Labour xchange Sites through Your mobile access provider. Therefore, you should check with Your provider to find out if the Labour xchange Sites are available and the terms for these services for Your specific mobile devices.
By using any downloadable application to enable Your use of the Labour xchange Sites, you are explicitly confirming Your acceptance of the terms of the End User License Agreement associated with the Application provided at download or installation, or as may be updated from time to time.
- Term and Termination.
These Terms will remain in full force and effect while You are a User of any Labour xchange Site. Labour xchange reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to removal of Your User Content from the Labour xchange Sites and immediate termination of Your registration with or ability to access the Labour xchange Sites and/or any other services provided to You by Labour xchange, upon any breach by You of these Terms or if Labour xchange is unable to verify or authenticate any information You submit to a Labour xchange Site registration. Even after You are no longer a User of the Labour xchange Sites, certain provisions of these Terms will remain in effect, including Sections 1, 2, 5, 7 through 16, inclusive.
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