Introduction

JIFFL was founded with the purpose of connecting talent (Jobseekers)with businesses that require their expertise (Companies)and providing Jobseekers and Companies with a number of other important services to help them during the Hiring process.

We do this by, without limitation:

hosting the Platform which brings Companies and Jobseekers together to build professional relationships.

by providing advertising space to Companies to promote roles for Jobseekers on the Platform; and

by providing Companies and Jobseekers with tools to assist in the Hiring process (Platform Services).

These Terms constitute a contract between all Users of the Platform and the Platform Services (You) and JIFFL. Your use of our Platform is subject to these Terms and by using the Platform you agree to be bound by them. If you do not agree to these terms, you must not use our Platform. You should print a copy of these Terms for future reference.

The Platform Services are provided to Businesses only. If you are a Consumer, please do not use our Platform.

By registering with JIFFL as a Jobseeker or Company, you represent and warrant that:

you are at least 18 years of age.

you have the requisite legal authority to bind the entity on whose behalf you are entering into these Terms.

you accept full responsibility for the use of the Platform through your account on any device, whether or not it is owned by you, and

you will fully comply with these Terms and any applicable laws.

Definitions

Advertising Fees means any payment by the company to promote a Vacancy either via PAYG Ads or Subscription.

Business means a commercial entity that is using the Platform Services in connection with a trade, craft or profession.

Consumer means an individual acting for purposes which are wholly or mainly outside their trade, business, craft or profession.

Companies means all Users of the Platform that Hire Jobseekers for a Role.

Hire means the filling of a position advertised in a Vacancy and filled by a Jobseeker by election of the Company (‘Hired’ and ‘Hiring’ shall be construed accordingly).

Hire Contract means the binding agreement made outside of the Platform between the Jobseeker and the Company in respect of a Hire made as a result of an introduction via the Platform.

Jobseeker means one of our approved Users looking for a Vacancy that Companies may Hire through the Platform.

Jobseeker Profile means an accurate presentation of the Jobseeker’s skills and experience completed by the Jobseeker in the format dictated by the Platform.

PAYG Ad means one-off payments for advertising space for a certain, limited time by Companies without further obligation.

JIFFL/ ‘we’ ‘us’ ‘our’means the company that provides the Services and maintains this Platform being The Partimer Ltd, a company registered in England with company registration number 13634967, having its registered office at Floor 2 Portland Street, Manchester, England, M1 3BE.

Platform means the JIFFL online platform which includes its proprietary domain www.jiffl.co.uk and all sub domains the web-app associated with that domain as well as any mobile or tablet application operated by JIFFL.

Platform Services means the services provided by JIFFL to Jobseekers and Companies as defined in Clause 1.2.

Subscription means the contract for ongoing Platform Services between JIFFL and Companies subject to these Terms, renewing on a 30 day cycle.

Terms means these Terms of Use.

User means Jobseekers and Companies that use the Platform.

Vacancy means an invitation for a Jobseeker to apply for a position advertised by a Company.

Vacancy Application means a response to a Vacancy by a Jobseeker hoping to get Hired for that Vacancy

TERMS FOR COMPANIES

Contract for the Platform Services

In consideration of your payment of any Advertising Fees to the Platform and general participation on the Platform, we will provide you with advertising space on the Platform in accordance with our rates, as updated from time to time. The specifications of such advertising space will be confirmed to in writing once you create an account with us but prior to you being required to pay any Advertising Fees.

Account Registration

Before Hiring a Jobseeker in a Vacancy, you will be required to register for an account via the Platform. You remain responsible for all actions and security in relation to your account.

If you wish to Hire a Jobseeker, you must first also signify agreement with the Privacy Policy, Cookies Policy and these Terms. You will also be required to submit details as follows:

Name of the Company and Company representative.

Verification of your capacity as Company representative to bind the Company. and

Contact e-mail address.

If you are registering an account as an incorporated entity, you warrant that you are authorised to grant all the licences referred to in these Terms and that you are authorised to bind your business to these Terms which constitute the entire agreement between us in relation to your use of the Services. You further acknowledge that you have not relied on any statement, promise, representation, assurance or warranty made or given by or on behalf of us which is not set out in these Terms and that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms.

You can change your details and preferences at any time in the ‘profile’ section of the Platform.

Advertising Fees and Termination

The price of the Advertising Fees is that set out on the Platform at the date of your order where you opt for PAYG ads, the price indicated as per your Subscription, or such other price as we may agree in writing.

You will be required to pay when using our online checkout service on the Platform by submitting your credit or debit card details with your order.

All Advertising Fees must be taken through the Platform. We process payments using Stripe which are subject to the Stripe Terms of Use which are incorporated into these Terms by reference.

Our preferred currency is GBP. If Company Fees are not received in in GBP, the conversion is performed by Stripe. We are not responsible for any exchange rate rates or charges levied by Stripe for such conversion.

If any Company fails to make any payment of the Advertising Fees due to JIFFL by the due date for payment or charges back any Advertising Fees, then the Company shall be required to pay interest on the overdue amount at the rate of 8% per cent per annum above the Bank of England base rate as updated from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. In addition, JIFFL shall be permitted to suspend the Platform Services until payment is made in full.

Companies shall pay all Advertising Fees due to JIFFL in full without any set-off, counterclaim, deduction or withholding (except for any deduction or withholding required by law).

Subscriptions commence on the date that you make payment of the Subscription Fee and endure for 30 days, renewing automatically unless terminated by you or us for further 30- day periods.

You may terminate your Subscription for convenience easily via ‘profile’ on the Platform by giving us no less than 15 days’ notice of your intention to terminate prior to renewal of your Subscription. Your Subscription will then end on the subsequent renewal date. If you terminate your Subscription with less than 15 days’ notice, your Subscription will endure for an additional month after the next renewal date before expiring.

Engaging Jobseekers

Companies are permitted to upload content to our Platform through their Vacancy. By permitting us to upload any Vacancy to our Platform, the Company grants JIFFL and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub- licensable licence to use, reproduce, modify, adapt, publish, translate, distribute, and display any part of the Vacancy and/or to incorporate it into other materials in any form, for commercial purposes.

Once registered with us, Companies are invited to share Vacancies for the Hire that they require on the Platform. Once shared, Jobseekers will be able to respond by making a Vacancy Application and sharing their Jobseeker Profile with the Company. The Vacancy Application should include detailed information about the Jobseeker’s employment background including how the Jobseekers skills will meet the criteria for the Vacancy, availability for work and salary expectations.

Company representatives with access to the Platform will receive an e-mail notification once a Vacancy Application is submitted by a Jobseeker in response to that Company’s Vacancy. After reviewing each Vacancy Application, Companies will then have the option to select those that best meets their needs.

You agree to provide prompt feedback to us in respect of any Jobseeker or Hire where requested by us.

Hire Contract

To procure a Hire, you must first select the Jobseeker that you wish to Hire via the Platform. It is then up to you to formally engage the Jobseeker via a Hire Contract.

JIFFL is a two-sided marketplace that introduces Users to each other and provides tools to assist in such introductions. JIFFL does not facilitate the process of negotiating the Hire Contract or provide any post-Hire support. Once JIFFL has provided the Platform Services, JIFFL discharges its responsibilities to you and all contractual matters relating to the performance of the Jobseeker during the Hire are between you and the Jobseeker. It is therefore of the utmost importance that you communicate any important information relating to the Vacancy with your chosen Jobseeker prior to Hire and ensure that your Jobseeker is a good fit for your organisation and the Vacancy.

TERMS FOR JOBSEEKER

Jobseeker Registration

If you wish to become one of our Jobseekers, you must first register for an account through the Platform. We will then assess your application and we may ask you for more details. We will require certain information during the verification process, which may include, but is not limited to:

name

professional experience;

age;

gender;

company number if applicable.

Engaging with Companies

Once registered with us, Jobseekers are invited to respond to Vacancies uploaded and circulated by Companies on the Platform. In order to respond to the Vacancy, the Jobseeker will be required to complete a Vacancy Application using our specialised template. The Vacancy Application cannot be submitted until all applicable sections are complete. If a Vacancy Application is selected by a Company for interview, we will notify you.

When using our Platform, Jobseekers represent and warrant that:

they shall not misuse any personal data of Companies shared with them through the Platform in contravention of the Data Protection Laws (defined in Clause 17.6 ) or send unsolicited communications to Companies;

the details of their Jobseeker profile and any Vacancy Application submitted by them are accurate and truthful; and

they shall respond to any and all enquiries or requests made by JIFFL when negotiating a Hire Contract.

Jobseekers also indemnify, defend and hold harmless JIFFL against all losses that JIFFL incurs or suffers however arising as a result of or in connection with:

the Jobseeker’s breach of the warranties set out above;

the Jobseeker's breach or negligent performance or non-performance of any obligations under these Terms; and/or

any claim made by a Company or any third party arising out of or in connection with the Hire, to the extent that such claim arises as a result of any breach of these Terms by, or the negligence or misconduct of the Jobseeker.

Once a Jobseeker enters into a Hire Contract, JIFFL has discharged its obligations toward the parties. Any dispute that arises between a Company and a Jobseeker after the commencement of the Hire Contract remains between those parties and JIFFL accepts no liability whatsoever for losses incurred by Companies or Jobseekers as a consequence of any Hire Contract entered into following an introduction via the Platform.

Jobseekers shall ensure that at all times Companies are treated in a professional manner and that they shall not use any threatening or unsuitable language, or display any inappropriate behaviour when dealing with Companies.

JIFFL reserves the right to suspend and terminate the use of the Platform by any Jobseeker that breaches these Terms or if it receives more than two complaints about any Jobseeker from Companies.

For the avoidance of doubt, all Jobseekers are fully responsible for compliance with any applicable local laws and regulations in regard to remuneration that they receive from any Company including the payment and reporting of any applicable income taxes and VAT. For the avoidance of doubt, JIFFL is not responsible for Jobseekers’ tax payments or any other financial obligation and cannot provide the Jobseekers with any advice in this regard.

Status

Nothing in these Terms shall be interpreted as meaning that any Jobseeker is a partner, agent or employee of JIFFL and agrees that they are therefore excluded from any benefits or rights attributed to employees including, but not limited to salary, entitlement to paid holiday or leave from JIFFL.

GENERAL TERMS

Platform Services

The description of the Platform Services is as stated on the Platform, marketing e-mails or any other form of advertisement provided by the us. Any description is for illustrative purposes only.

We reserve the right to make beneficial changes to the Platform Services without notice to you. This could be to comply with any applicable law, regulation or safety requirements, or to implement minor technical adjustments and improvements, for example to optimise your user experience.

Intellectual property

We are the owner or the licensee of all intellectual property rights in our Platform and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

“JIFFL“ is a registered trade mark in the United Kingdom as is registered under no: UK00003852992. No rights are granted to Users or any third-parties to reproduce or use our trade mark for any purpose without prior written approval.

You are permitted to:

print off one copy or download extracts of any page(s) from our Platform for your personal use and

draw the attention of others within your organisation to content on our Platform PROVIDED THAT our status (and that of any identified contributors) as the authors of content on our Platform is always acknowledged.

However, you must not:

modify the paper or digital copies of any materials you have printed off or downloaded in any way.

use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text or

use any part of the content on our Platform for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our Platform in breach of these Terms, your right to use our Platform will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Viruses and maintenance

While we strive to keep our Platform free of errors, viruses, Trojan horses or other destructive or contaminating components or content, we cannot warrant or guarantee that this will always be the case. We aim to ensure our Platform is compatible with commonly used computer equipment but cannot provide a warranty or guarantee for compatibility with all devices.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material or event that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Platform, the downloading of any content, or on any websites linked to it.

You are responsible for configuring your information technology, computer programmes and platform to access our Platform. You should use your own virus protection software.

You must not misuse our Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform. You must not attack our Platform via a denial-of-service attack or a distributed denial-of service attack.

We may, from time to time, temporarily suspend the operation of our Platform with or without prior notice, either wholly or in part for repair or maintenance work or for the purposes of updating or otherwise improving its content, features or functionality.

Third-party Links on our Platform

Where our Platform contains links to other Platforms and resources provided by third- parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked Platforms or information you may obtain from them. We have no control over the contents of those Platforms or resources.

Successors and our sub-contractors

We can transfer the benefit of these Terms to someone else, however we will remain liable to the other for its obligations under these Terms. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under these Terms.

You may only transfer your rights or your obligations under these Terms to another person or entity if we agree to this in writing.

No person who is not a party to these Terms shall have any rights to enforce any of its provisions and these Terms can be varied without any third party's consent. Neither of us will need to get the agreement of any other person in order to end the Contract or make any changes to these Terms.

Circumstances beyond the control of either party

In the event of any failure by a party because of something beyond its reasonable control:

the party will advise the other party as soon as reasonably practicable; and

the party's obligations will be suspended so far as is reasonable, PROVIDED THAT that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.

Privacy

By providing your personal data you consent to it being displayed on our Platform as part of your Jobseeker profile or as a Company contact. You have the right to withdraw this consent at any time. For more information on how to do this, please refer to our Privacy Policy.

If you are a Jobseeker your information will not be shared with a Company unless you respond to a Vacancy.

If you are a representative of a Company your information will not be shared with Jobseekers unless you contact a Jobseeker following a Vacancy Application at which point you consent to having your personal data shared in order to conduct the Hire process.

Your privacy is critical to us. We respect your privacy and comply with the General Data Protection Regulation (EU) 2016/679 with regard to your personal information.

These Terms should be read alongside, and are in addition to our policies, including our Privacy Policy.

For the purposes of these Terms:

'Data Protection Laws' means any applicable law relating to the processing of Personal Data, including, but not limited to the Data Protection Act 2018 and Directive 95/46/EC (Data Protection Directive) or the GDPR.

'GDPR' means the General Data Protection Regulation (EU) 2016/679.

'Data Controller', 'Personal Data' and 'Processing' shall have the same meaning as in the GDPR.

We are a Data Controller of the Personal Data we Process in providing the Platform Services to you.

Where you supply Personal Data to us so we can provide services to you, and we Process that Personal Data in the course of providing services to you, we will comply with our obligations imposed by the Data Protection Laws:

before or at the time of collecting Personal Data, we will identify the purposes for which information is being collected;

we will only Process Personal Data for the purposes identified;

we will respect your rights in relation to your Personal Data; and

we will implement technical and organisational measures to ensure your Personal Data is secure.

For any enquiries or complaints regarding data privacy, please contact us.

Reliance on our Platform

The content on our Platform is provided for general information only and is not intended to amount to advice on which you should rely.

Although we make reasonable efforts to update the information on our Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on our Platform is accurate, complete or up to date.

Prohibited use

You may not use the Platform for any of the following purposes:

in any way which causes, or may cause, damage to the Platform or interferes with any other person's use or enjoyment of the Platform;

in any unlawful or fraudulent manner;

to transmit, or to procure the transmission of any unsolicited marketing materials to us;

in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;

to knowingly introduce viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful;

to gain unauthorised access to our Platform, the server on which our Platform is stored or any server, computer or database connected to our Platform; or

making, transmitting or storing electronic copies of content protected by copyright without the permission of the owner.

Limitation of liability

We provide the Platform Services only and we are not responsible and accept no liability whatsoever in respect of Hires made as a result of an introduction via the Platform.

We limit our liability as follows:

Except to the extent expressly stated in Clause 20.2.3 , all terms implied by sections 3 to 5 of the Supply of Goods and Services Act 1982 are expressly excluded.

Subject to Clause 20.2.3 , we shall not be liable in contract or tort (including negligence and breach of statutory duty howsoever arising), misrepresentation (whether innocent or negligent) or otherwise for any loss or damage of whatsoever kind howsoever arising suffered in connection with your use of this Platform, including but not limited to: indirect and consequential losses, any economic loss, loss of revenue, business, profits or business opportunities, anticipated savings or profits, loss of or damage to reputation, loss of goodwill or data or for any punitive damages, penalties, interest or costs, (including legal and professional costs and expenses) suffered in connection with the supply of the Platform Services. Our total liability for all other losses arising under or in connection with any Contract between us, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, shall be limited to:

1. In the case of Companies, the fees paid via the Platform in the 3 month period preceding the event that gave rise to such a claim; and
2. In the case of Jobseekers, £100.

We do not exclude liability for: (i) any fraudulent act or omission; or (ii) for death or personal injury caused by negligence or breach of our other legal obligations including breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982.

This Platform and the Platform Services advertised on it are provided "as is" and without warranties of any kind, whether express or implied. To the fullest extent permissible pursuant to applicable law, we disclaim all warranties, express or implied, including, but not limited to, implied warranties of merchantability and fitness for a particular purpose and non-infringement.

The Jobseeker agrees to indemnify JIFFL against all reasonable costs, expenses, penalties, fines or interest including reasonable legal costs and expenses, incurred or payable by JIFFL in connection with or in consequence of any such liability, deduction, contribution, assessment or claim including claims for employment or worker status brought by any Jobseeker against JIFFL or a Company arising out of or in connection with the provision of the Platform Services, except where such claim is as a result of any act or omission of JIFFL.

General

These Terms may be varied by us from time to time. Such revised terms will apply to the Platform from the date of publication. Users should check the Terms regularly to ensure familiarity with the then current version.

These Terms contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to these Terms.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.

If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.

Governing law, jurisdiction and complaints

The Contract (including any non-contractual matters) is governed by the law of England and Wales.

Disputes can be submitted to the jurisdiction of the courts of England and Wales or, where the User lives in Scotland or Northern Ireland, in the courts of respectively Scotland or Northern Ireland.

We try to avoid any dispute, so we deal with complaints in the following way: If a dispute occurs, Companies should contact us to find a solution. We will aim to respond with an appropriate solution within 10 business days.