Last updated: Apr 06, 2020
This agreement (“Agreement”) is between Mahred Ltd (“Mahred”, “us”, “we”, “our”) and you. We may use the following terms throughout this Agreement:
- 'Site' to refer to the site (mahred.eu)
- 'Service' to collectively refer to any service that we provide to you through the Site or otherwise, which includes but is not limited to functionality provided through the Site.
- 'Employer' to refer to a person or business (such as a company) that makes use of the Services in any way whatsoever to employ Candidates.
- 'Candidate' to refer to an individual that makes use of the Services to find a job.
- 'Hiring Fee' to refer to the fee that we charge an Employer when the Employer hires a Candidate that they find through the Services
- 'User' to refer to a Candidate, Employer, or any other user of the Services.
- 'Third-party' to refer to any person or entity other than us
PLEASE READ THIS AGREEMENT CAREFULLY BEFORE ACCESSING OR USING THE SERVICES. YOU MAY NOT USE OR ACCESS THE SERVICES UNLESS YOU AGREE TO ABIDE BY ALL OF THE TERMS AND CONDITIONS IN THIS AGREEMENT.
BY AGREEING TO THIS AGREEMENT YOU REPRESENT THAT YOU ARE OF LEGAL AGE TO FORM A BINDING CONTRACT. IF YOU ARE AN EMPLOYER, YOU REPRESENT THAT YOU ARE THE EMPLOYER OR THAT YOU ARE ACTING ON BEHALF OF THE EMPLOYER AND THAT YOU HAVE THE AUTHORITY TO ACT ON BEHALF OF THAT EMPLOYER.
IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU MAY NOT USE OR ACCESS THE SERVICES.
Candidates may use the Services for free. YOU AGREE THAT YOU ARE OBLIGATED TO PROVIDE NOTICE TO US (BY SENDING AN EMAIL TO notice (at) mahred (dot) eu) AND YOU AGREE TO PROVIDE THE NOTICE PROMPTLY IF YOU SIGN AN EMPLOYMENT CONTRACT WITH AN EMPLOYER THAT YOU MEET THROUGH THE SERVICES OR IF THE JOB CONTRACT THAT YOU HAVE SIGNED WITH AN EMPLOYER THAT YOU HAVE MET THROUGH THE SERVICES IS TERMINATED (WHICH INCLUDES WITHOUT LIMITATION TO YOU RESIGNING FROM THE JOB) WITHIN 90 DAYS OF THE JOB’S START DATE.
See Section 9 for terms and conditions related to notices.
3. Job Search Preferences
If you are a Candidate, you agree to keep your "Job Search Preference" (whether you are looking for a job or not looking for a job) current. This may be done through your account on the Services.
If you wish to terminate this Agreement (because you are no longer looking for a job or for any other reason) you can do so in accordance with Section 17.
4. Employer Payments
Candidates may use the Services for free. We charge Employers a Hiring Fee if the Employer hires a Candidate within 12 months of first viewing the Candidate’s information through the Services. The Hiring Fee is equal to £999. We reserve the right to change the amount of the Hiring Fee in the future at our sole discretion.
YOU AGREE THAT YOU ARE OBLIGATED TO PROVIDE NOTICE TO US WHEN A CANDIDATE SIGNS AN EMPLOYMENT CONTRACT WITH YOU AND YOU AGREE TO PROVIDE THE NOTICE PROMPTLY. NOT PROVIDING NOTICE TO US SHALL NOT RELIEVE YOU OF YOUR OBLIGATION TO PAY THE HIRING FEE. SEE SECTION 9 FOR TERMS AND CONDITIONS RELATED TO NOTICES.
YOU AGREE TO PAY THE HIRING FEE WITHIN 30 DAYS FROM THE START DATE OF THE JOB THAT THE CANDIDATE WAS HIRED AT. NOT PAYING THE HIRING FEE WITHIN THE AFOREMENTIONED TIME-FRAME SHALL NOT RELIEVE YOU OF YOUR OBLIGATION TO PAY THE HIRING FEE.
We reserve the right (but have no obligation) to terminate this Agreement if the Hiring Fee is not received from the Employer within 30 days from the start date of the job that the Candidate was hired at. Termination of this Agreement shall NOT relieve you of your obligation to pay any Hiring Fees that you owe us.
Invites offer a way for Employers and Candidates to communicate with regards to a job that is available through the Services.
YOU ACKNOWLEDGE AND AGREE THAT INVITES ARE NOT LEGALLY BINDING.
You acknowledge and agree that a Candidate is free to respond or not respond to an Invite that a Candidate receives through the Services. And that Employers are free to take any action (that is made through the Services) with regards to an Invite that they have made including without limitation withdrawing an Invite and rescheduling a job interview after an Invite is made.
Invites are not meant to be exclusive. You acknowledge and agree that a Candidate may accept one more Invites or no Invite at all.
You acknowledge and agree that an Employer is not obligated to hire a Candidate that receives a Invite from the Employer (whether the Employer interviews the Candidate or not).
You agree that it is your responsibility to provide the Candidate with your contact details (such as your email address, phone number, etc.) when making an Invite .
As part of making or responding to an Invite we may allow you to set the date and time for an interview. You acknowledge and agree that you are solely responsible for scheduling your interviews (which includes but is not limited to making sure that you do not double-book an interview.)
6. Your Account
YOU ACKNOWLEDGE AND AGREE THAT THE RESPONSIBILITY AND LIABILITY FOR ANY ACCESS TO THE SERVICES THROUGH YOUR ACCOUNT IS ON YOU.
YOU AGREE NOT TO SHARE YOUR LOGIN CREDENTIALS (WHICH INCLUDES YOUR ACCOUNT’S PASSWORD) WITH ANYONE ELSE OR TO ALLOW ANYONE ELSE TO ACCESS YOUR ACCOUNT.
YOU ACKNOWLEDGE AND AGREE THAT WE HAVE THE RIGHT (BUT HAVE NO OBLIGATION) TO LIMIT YOUR ACCESS TO THE SERVICES AND TO SUSPEND OR DELETE YOUR ACCOUNT AT ANY TIME AT OUR SOLE DISCRETION FOR ANY REASON OR FOR NO REASON AT ALL.
IF YOU ARE AN EMPLOYER, YOU ACKNOWLEDGE AND AGREE THAT WE HAVE THE RIGHT (BUT HAVE NO OBLIGATION) TO DELETE OR SUSPEND ANY JOB THAT YOU POST THROUGH THE SERVICES AT ANY TIME AND AT OUR SOLE DISCRETION FOR ANY REASON OR FOR NO REASON AT ALL AND THAT WE SHALL HAVE NO RESPONSIBILITY OR LIABILITY WHATSOEVER AS A RESULT OF OUR DECISION TO DELETE OR SUSPEND ANY JOB THAT YOU HAVE POSTED THROUGH THE SERVICES.
If you are an Employer, you agree and acknowledge that we have the right to Approve or not Approve your account at our sole discretion following your registration of an account on the Site. And that you shall not be able to access your account unless (and only after) your account is Approved.
Following your registration, we may decide at our sole discretion to request of you to send us copies of documents that we at our sole discretion decide are required. You acknowledge and agree that we have the right (but have no obligation) to request any document that we request of you and you agree to promptly provide any document that we request of you (which may include without limitation documents to verify your identity and documents to assess your financial situation if you are an Employer).
The Services may contain content that is created by third-parties. You acknowledge that we have the right but not the obligation to remove or modify any content (including that which is created by third-parties) at our sole discretion. That may include but is not limited to content that is found to be false, inaccurate, misleading, offensive, obscene, indecent, or otherwise objectionable.
You acknowledge and agree that we shall not be held responsible or liable in any way whatsoever for any content created by a third-party.
8. Due Diligence
You agree and acknowledge that we have the right but not the obligation to conduct any background checks or any other due diligence for any Candidate at any time and at our sole discretion.
You agree and acknowledge that we have the right but not the obligation to verify that an Employer actually runs a business that has or does not have a legal business structure (such as a sole trader, partnership, private limited company, or public limited company) or any other due diligence at any time and at our sole discretion.
YOU AGREE AND ACKNOWLEDGE THAT THE RESPONSIBILITY OF VERIFYING THAT AN EMPLOYER ACTUALLY RUNS A BUSINESS THAT HAS OR DOES NOT HAVE A LEGAL BUSINESS STRUCTURE OR ANY OTHER DUE DILIGENCE IS THE SOLE RESPONSIBILITY OF THE CANDIDATE.
YOU AGREE AND ACKNOWLEDGE THAT THE RESPONSIBILITY OF CONDUCTING ANY BACKGROUND CHECKS OR ANY OTHER DUE DILIGENCE FOR ANY CANDIDATE IS THE SOLE RESPONSIBILITY OF THE EMPLOYER.
To give notice to us you may send us an email at notice (at) mahred (dot) eu or refunds (at) mahred (dot) eu (for notices related to refunds). If you are giving us notice with regards to a job offer that was accepted, you agree to include a copy of the job offer (which must include at a minimum the job’s base salary and start date). We may at our sole discretion accept another form of evidence of employment if for some reason you are unable to provide a job offer.
Any notice that you give us shall be effective when the email is received by us. You agree and acknowledge that it is your responsibility to ensure that the notice has been received by us (you will usually receive an auto-generated email when the email is received.) If you would like to enquire about a notice that you have sent, you may send us an email at notice (at) mahred (dot) eu.
You agree that any notice given (by us) in accordance with this Agreement shall be effective when we send an email containing such notice to the email address that you have used to create your account that is used to access the Services (even if the email is not delivered).
10. Restricted Activities
You agree not to:
- Impose an unreasonable or disproportionately large load on the Services
- Interfere with the normal operation of the Services
- Reverse engineer the Services
- Enable functionality that is disabled or prohibited
- Use the services for any illegal activity as determined at our sole discretion
- Violate the security of the Services in any way which includes but is not limited to performing a cyberattack on the Services in any way (which includes but is not limited to DDoS attacks and Brute Force attacks)
- Use manual or automated methods to collect data from the Services
- Harass, use obscene language, be rude to, threaten, or otherwise hurt or cause anxiety to any user of the Services as determined at our sole discretion
- Submit material that violates the right of a third-party which includes but not limited to trademarks, intellectual property, and copyright
- Submit false, inaccurate, or misleading information
- Post a job that is prohibited by the Services as determined at our sole discretion
- Modify, copy, distribute, reproduce, publish, license, transfer, or create derivative works from any data available through the Services
The aforementioned list is not meant to be exclusive. You acknowledge that we have the right to terminate this Agreement for any reason or for no reason at all and to determine at our sole discretion if an activity is prohibited or not whether or not it appears in the aforementioned list.
11. No Responsibility
YOU AGREE AND ACKNOWLEDGE THAT THE SOLE RESPONSIBILITY AND ANY CONSEQUENCES OF MAKING A HIRING DECISION IS ON YOU, WHICH INCLUDE BUT IS NOT LIMITED TO DECIDING WHO TO HIRE, AND WHETHER THE PERSON THAT IS HIRED IS COMPETENT AND IS SUITABLE FOR THE JOB OR NOT.
12. No Agency
Nothing contained in this Agreement creates a partnership, joint venture, or any agency relationship between you and us.
You hereby grant us a non-exclusive, worldwide, royalty-free license in any media now known or unknown, currently invented or not yet invented to link to, copy, modify, create derivative works from, and make use in any way of any submission that you submit through the Services.
You represent and warrant that any submission that you submit through the Services does not violate any third-party rights which include but is not limited to intellectual property rights, copyrights, or trademarks.
Headings used in this Agreement are for reference only and shall not be used or affect the interpretation of this Agreement.
You may not assign your rights under this Agreement to any other party without our prior written permission. We may assign our rights to any other party without your permission.
The Site may contain links to third-party websites. We do not control (or operate) these websites. You agree that we are not liable in any way whatsoever for your use of any third-party website.
The Services we provide are not meant for children under the age of 13.
15. Changes to these Terms
We reserve the right to modify or replace this Agreement in the future. Your use of the Services whether the terms have been changed or not means that you agree to follow and be bound by those terms. You acknowledge that we may (but are not obligated to) at our sole discretion provide notice of any changes through the website or otherwise.
16. Governing Law
This Agreement shall be interpreted in accordance with English law and all disputes shall be decided by the English courts.
YOU ACKNOWLEDGE AND AGREE THAT SOME PROVISIONS OF THIS AGREEMENT SHALL ENDURE BEYOND TERMINATION, WHICH INCLUDE BUT IS NOT LIMITED TO, DISCLAIMERS, LIMITATIONS OF LIABILITY, INDEMNITY, AND ANY PAYMENT OBLIGATIONS.
We may terminate this Agreement and may suspend all or part of the Services at any time and at our sole discretion without any notice. If you wish to terminate this Agreement you must stop using the Services and provide us with a notice in accordance with Section 9.
You acknowledge and agree that we reserve the right (but shall have no obligation) to delete some or all of the data associated with your account (including the account itself) within 7 days after we receive notice from you regarding the termination of this Agreement.
You acknowledge and agree that we shall have no responsibility or liability whatsoever in relation to terminating this Agreement or suspending all or parts of the Services, including the deletion of some or all of the data associated with your account (including the account itself).
We reserve the right to enforce any and all parts of this Agreement. Our non-enforcement of any or all parts of this Agreement shall not be construed as a waiver of our right to enforce any or all parts of this Agreement in the future.
19. Force Majeure
Neither party will be liable for performance delays or non-performance as a result of causes beyond its reasonable control (including but not limited to natural disasters, fires, equipment failures, telecommunication failures, strikes, or non-performance of our providers) except for payment obligations.
20. Limitation of Liability
WE SHALL NOT BE LIABLE FOR ANY:
- CONSEQUENTIAL, OR
- PUNITIVE DAMAGES
REGARDLESS IF WE HAD BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR NOT INCLUDING LOST PROFITS OR LOST DATA RELATED TO OR RESULTING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES.
UNDER NO CIRCUMSTANCES WILL OUR TOTAL LIABILITY TO YOU FOR ANY DAMAGES, LIABILITY, OR LOSSES RELATED TO OR RESULTING FROM YOUR USE OF THE SERVICES OR INABILITY TO USE THE SERVICES EXCEED THE TOTAL AMOUNT THAT YOU HAVE PAID US DURING THE 12-MONTH PERIOD PRECEDING THE EVENT THAT GAVE RISE FOR YOUR CLAIM FOR DAMAGES, OR TEN U.K. POUNDS (£ 10), WHICH EVER IS GREATER.
You agree to indemnify and hold Mahred, and any employee, officer, director, or agent of Mahred harmless from and against any and all claims, suits, damages, costs, losses, expenses and liabilities (including but not limited to attorneys’ fees) arising from or related to your use of the Services, any violation by you of this Agreement, or any violation by you of a third-party right.
THE SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTIES EITHER EXPRESS OR IMPLIED. THAT INCLUDES BUT IS NOT LIMITED TO WARRANTIES OF:
- FITNESS FOR A PARTICULAR PURPOSE,
- SECURITY (INCLUDING WITHOUT LIMITATION THAT THE SERVICES AND ANY DATA THAT YOU SUBMIT WILL BE SECURE OR WILL NOT BE COMPROMISED IN THE FUTURE),
- ACCURACY, OR
BY USING THE SERVICES, YOU ACKNOWLEDGE THAT YOU ARE DOING SO AT YOUR SOLE RISK TO THE MAXIMUM EXTENT PERMITTED UNDER APPLICABLE LAW.
23. Entire Agreement
This Agreement constitutes the entire and exclusive Agreement between you and us and shall take precedence over all prior discussions and Agreements with respect to this Agreement. If any part of this Agreement is held to be invalid or unenforceable under the law, then the remainder of the Agreement shall be enforced to the maximum extent under the law.