Individual Terms of Use for all WorkInConfidence services

Individual Terms of Use (“Terms”) (v2.2 last updated 31st July 2019) 

These Terms should be read in conjunction with our Privacy Policy. In the event of a conflict the Privacy Policy prevails.

  1. Introduction

WorkInConfidence Limited is a company incorporated in England with registered office at Suite 601 Fountain House, 2 Queens Walk, Reading. RG1 7QE and registration number 08255296 (“WorkInConfidence”, “we” or “us”).

WorkInConfidence owns and operates Workinconfidence and the services SpeakInConfidence, PulseInConfidence, ReferenceInConfidence, TwoWayVision and 360now (each a “Service” and together the “Services”).

These Terms and the Privacy Policy (which details how we agree to protect your information), are the terms on which we provide the Service(s) to you (“User(s)”, “You” or “Your”).  By using the Service(s) You accept these Terms.

Our agreement with the buyer of the services is set out separately.  Nothing in that agreement limits User rights under these Terms or the Privacy Policy.

  1. General Terms of Use

2.1       WorkInConfidence grants You a non-exclusive licence to use the relevant Service(s) for so long as the organisation to which You are connected is a client.

2.2       The Service(s) enable You to complete certain input such as completing questions, submitting references, or having anonymous dialogue (“User Input”).

2.3       WHERE WE SAY WE WILL HOLD OR PROTECT YOUR INFORMATION IN A CERTAIN WAY (SUCH AS PROTECTING YOUR IDENTITY) WE WILL TAKE ALL PROPER STEPS TO DO SO.  However If We have reasonable cause to believe a User has committed a crime We may, if We are able, disclose their identity for the purposes of prevention and detection of crime.

2.4       Input submitted by you (“User Input”) is the property of the client organisation (subject to Our protecting User identities).  SpeakInConfidence does not have any ownership rights in User Input.   If You cease to be connected  to the relevant organisation Your access to Services will be terminated, but User Input submitted may remain available on the Service(s).   If We have said Your identify will be protected We will continue to protect it.

2.5       We do not monitor User Input and take no responsibility for content You or anyone else uploads to the Services, however We do include means for suspending use for anyone who misuses the Service(s).

2.6       If You come across anything in the Services that You consider to be defamatory, offensive or otherwise breaching these Terms, please contact Us at [email protected] so that We can look into it and, if appropriate, remove it.  We may remove content in the Services at any time, at our sole discretion (but again will protect User identities where We have said We will do so).

2.7      You may request us at any time to delete information we hold about you from the Service(s), and we will do so in a timely manner.  In collecting information the confidential nature of our Service(s) means data input is often not attached to the details of the person who input it – and this therefore cannot be removed from the Service(s).

2.8     If you are a job applicant using ReferenceInConfidence:

  1. You agree to reference information being collected and used by hirers or agents using ReferenceInConfidence.
  2. You will get consent of referees to adding their details to the Service and your giving their name as a referee before inputting their details into the Service.
  3. You can request a copy of the aggregated reference on you.  You can also request at any time that we remove data we hold on you.
  4. Use of the Service(s)

3.1  You are permitted to use the Service(s) in accordance with their intended uses and reasonable guidelines.

3.2  You agree to:

  1. provide accurate and up-to-date information about You when using Service(s) (whilst it is not necessary, You may register with an alias email if that is appropriate to protect Your identity).
  2. keep Your log-in details secure and confidential and promptly notify Us of any account security breach.

3.2You agree to not to:

  1. attempt to compromise the integrity of the Service(s).
  2. use any automated system, such as a robot, to access the Service(s).
  3. use the Service(s) for non-intended commercial purposes such as marketing or promotional activities.
  4. solicit log-in information, impersonate another person or access another person’s account without permission.
  5. post comments that might reasonably consider to be malicious, discriminatory, bullying, harassing, offensive, inappropriate, defamatory or otherwise unlawful.
  6. endeavour to upload any commercial communications, viruses or other malicious code.
  7. take action that imposes an unreasonable load on the Service(s).
  8. breach or infringe any laws, third party rights or these Terms.
  9. Intellectual Property Rights

4.1 Except in respect of your User Input all Intellectual Property Rights in relation to the Service(s) are the property of, or have been licensed to, WorkInConfidence. Nothing herein shall create a license to any Intellectual Property Rights, and You agree not to license, modify, distribute or create derivative works from any such content.

4.2 For the purposes of these Terms, “Intellectual Property Rights” means patents, copyright, moral rights, trademarks and service marks, goodwill, trade secrets, design rights, rights in computer software, database rights, know-how and any other intellectual property rights, registered or unregistered, and all similar rights in any part of the World.

4.3 If You submit comments or ideas to Us about the Service(s), unless You make it clear they are confidential, or that is apparent from their nature, We are free to use them as We wish.

  1. Eligibility

Unless agreed otherwise with a client, the Service(s) are solely for use by persons aged 16 or older.

  1. Cancellation or Suspension of Service(s)

We may terminate or suspend your use of the Service(s) if You:

  1. breach these Terms.
  2. cease to be connected to the relevant client or they ask Us to remove or restrict Your access.
  3. Warranty and Limitation of Liability

7.1The Services are provided on an “as is” basis, and use is at Your own risk. The Service is provided without warranties, express or implied, insofar as permitted by law. Without limiting the foregoing, SpeakInConfidence does not warrant that the Service will be available at any particular time or location.

7.2 Subject to clause 7.3:

7.2.1 to the extent permitted by law, WorkInConfidence assumes no liability for (i) errors or inaccuracies of content; (ii) interruption or cessation of the Service; (iii) User Communications or the defamatory, offensive, or illegal conduct of any third party;

7.2.2 to the extent permitted by law, WorkInConfidence, its directors, its employees and its licensors shall not be liable for any direct, indirect, special, consequential or exemplary loss or damages, including without limitation damages for loss of income, loss of profits or goodwill, whether in any action of contract, delict (including negligence), arising out of or in connection with Your use of the website or Service, or otherwise; and

7.2.3 in no event shall WorkInConfidence (or its affiliates, directors, employees or licensors) be liable for any amount exceeding the amount paid by Your organisation to Us in the 12 months prior to the action giving rise to the liability.

7.3 These Terms shall not limit liability for death or personal caused by our negligence, or that of our employees or agents.

  1. Assignment

These Terms, and any rights granted hereunder, may not be transferred or assigned by You.

WorkInConfidence may assign this agreement in whole or part provided that suitable arrangements are put in place to ensure proper ongoing delivery of Our obligations.

  1. General

9.1 These Terms are governed by English Law and subject to the exclusive jurisdiction of the English Courts.

9.4 If any provision of these Terms is deemed invalid by a court it shall not affect the remaining provisions. No waiver of any Term shall constitute a waiver of any other Term.

9.5 Notices should be sent by registered post to WorkInConfidence’s registered office address and will be deemed received two days later. We will send notices to you by email to the email address you are registered with and such notices shall be deemed given 24 hours later.

9.6 For questions about these Terms Contact [email protected].