Terms and Conditions
EmployUkraine is a charity created with the aim of finding jobs for people forcibly displaced as a result of the war in Ukraine. The purpose of this Terms document is to provide a framework for both Employers and Candidates to connect fairly and legally.
Key Terms:
> EmployUkraine does not charge any fees for use of the platform.
> Employers are permitted to communicate and contract directly with Candidates outside the platform.
> Read our Privacy Policy here.
Overview
Part A applies to all Users
Part B applies only to Employers
Part C applies only to Candidates
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PART A: ALL USERS OF THE SITE
1. Introduction
1.1 The EmployUkraine platform (the Site) is owned and operated by EmployUkraine, a charity based at 34b York Way, Kings Cross, London, as an unincorporated association known as EmployUkraine (we, us), which recently rebranded from RemoteUkraine. The Site is powered by TalentPools.io.
1.2 By registering on the Site, you agree to be bound by these terms of use (the Terms). The Terms affect your legal rights and obligations so please read them carefully. If you do not agree to be bound by the Terms, do not use the Site. If you have any questions, you can contact us by email at [email protected].
1.3 We reserve the right to update the Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. If we reasonably believe that the change to the Terms is significant, we shall notify all registered users by email with details of the change and the effective date of the change. Otherwise, updated Terms will be effective as soon as they are accessible. You are responsible for regularly reviewing the Terms so that you are aware of any changes to them.
1.4 The Site is an online marketplace where Employers can engage Candidates to provide Services. We do not provide services directly, nor do we act as principal in any transaction, nor as agent for either party except to facilitate payments. We are an intermediary platform, and we are not bound by any contract that may arise at any time between an Employer and a Candidate. We do not act as an employment agency and/or an employment business in respect of the Site. We do not employ any Candidate.
1.5 Your privacy is important to us. You should read our Privacy Policy to understand how we collect, use and share information about you and our Cookie Policy to understand what cookies we use on the Site and how you can control cookies.
2. Definitions & Interpretation
2.1 Words defined in Condition 1 shall have the same meaning when used throughout the Terms. In addition, the following words have the following meanings:
Employer: an individual or organisation that registers on the Site in order to find a Candidate to provide Services;
Candidate: an individual or business who registers on the Site seeking to provide Services;
Data Protection Legislation: any laws and regulations of the United Kingdom relating to the processing of Personal Data including the Data Protection Act 2018 and, to the extent it continues to apply in the United Kingdom, the General Data Protection Regulation 2016/679;
IP Rights: any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
Job: a description of the Services required;
Milestone: a task within the Services used for the purposes of project management;
Personal Data: shall have the meaning given to it in the Data Protection Legislation;
Application: a Candidate’s response to a Job;
Review: any review, comment or other feedback provided to us;
Service: the service to be provided by a Candidate, either as an employee or as a contractor;
Service Contract: the relationship between the Candidate and the Employer in respect of the provision of the Services;
Working Day: any day other than a Saturday, Sunday or public holiday in England;
you: any user of the Site, whether an Employer or Candidate.
2.2 Words in the singular include the plural and, in the plural, include the singular.
2.3 Headings shall not affect the interpretation of the Terms.
2.4 References to Conditions are references to the conditions of the Terms.
2.5 Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party’s other rights and remedies.
2.6 Any phrase introduced by the words including or includes shall be construed as illustrative and shall not limit the generality of the related words.
3. Site Use and Availability
3.1 You may not have more than one account on the Site.
3.2 When you use the Site you must comply with all applicable laws and you agree not to:
(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site;
(b) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;
(c) add another user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;
(d) transmit spam, chain letters or other unsolicited emails;
(e) access the Site with the intention of using any information, content or other know-how to set up a competitive platform; and/or
(f) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
3.3 We try to maintain and make the Site available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall try to schedule maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
3.4 We are not liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or your insufficient bandwidth.
4. Termination or Suspension
4.1 We may suspend or terminate your account at any time and without liability to you for any or no reason, including if:
(a) any information that you provide to us is not true or we cannot verify or authenticate any such information;
(b) you are in breach of any of the Conditions of the Terms; and/or
(c) we receive complaints or disputes are raised in relation to your activities on the Site or otherwise.
4.2 Following termination by us of your account you must cease to use the Site and you must not re-register on the Site under any other name.
4.3 You may contact us at any time at the email address set out above to terminate your account or you can do so within your dashboard on the Site.
5. Reviews
5.1. Candidates and Employers may leave a Review for each other following completion of the Services.
5.2 You warrant and represent that your Reviews shall:
- be fair, genuine and honest, and properly represent your experience;
- not contain any content that is threatening, offensive, spiteful, obscene or defamatory or otherwise unlawful; and/or
- not be construed as an advertisement for your or any third party’s products, services or business.
5.3 We do not routinely monitor any Review, but we may edit, remove or not post any Review at our sole discretion.
5.4 You agree that you must not offer or receive any incentive to write a Review.
5.5 You grant to us a license to edit and use your Review on the Site within marketing and publicity materials for our business and to improve the functioning of the Site and monitor the activities of Site visitors.
5.6 A Review is not an endorsement or recommendation by us of that User, and you rely on the content of a Review at your sole discretion.
6. Intellectual Property Rights
6.1 The copyright in all content on the Site is owned by or licensed to us. All rights are reserved. You can view, print or download extracts of the Site for your own use in order to exercise your rights and carry out your obligations under these Terms and for no other purposes. You cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the content of the Site without our permission.
7. Linking
7.1 You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it, but you must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part. You must not establish a link from any website that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the home page. We reserve the right to withdraw linking permission without notice. The website from which you are linking must comply in all respects with the content standards set out in the Terms.
7.2 The Site may contain links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources, and accept no responsibility for them or for any loss or damage that may arise from your use of them.
8. Disclaimer – Your attention is particularly drawn to this Condition
8.1 You acknowledge and agree that the Site is provided for information purposes only. We do not act as an employment agency and/or an employment business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws.
8.2 We do not warrant or represent that:
(a) we obtain confirmation of the identity of a Candidate through the Site (although our payment providers, Stripe, may do so);
(b) we confirm the suitability of a Candidate for a Job, or that they have the experience, training, qualifications or authorisation required or desirable to provide the Services;
(c) we take any steps to ensure the Candidate is aware of any requirement imposed by law or otherwise which must be satisfied to permit the Candidate to provide the Services;
(d) any Candidate will be interested in your Jobs or agree to provide Services to you;
(e) we propose any particular Candidate to you or provide any additional information about a Candidate; and/or
(f) take up any references in relation to a Candidate.
- We are not responsible in any way whatsoever for any act or omission of a Candidate or for the Services performed by the Candidate or any failure of the Candidate to perform the Services.
- We are not responsible in any way whatsoever for any act or omission of an Employer including the obligation to pay any sums due.
8.5 Subject to Condition 8.8, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any:
(a) loss of profit, anticipated profits or business;
(b) loss of data and content;
(c) loss of opportunity;
(d) loss of revenue or wasted expenditure;
(e) loss of goodwill or reputation; and/or
(f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
The provisions of this Condition 8.5 are severable.
8.6 We shall only be liable to you for direct losses that arise as a result of our breach of the Terms or for negligence.
- Subject to Condition 8.8, our maximum liability to you whether in contract, tort or otherwise shall in no circumstances exceed £100.
- Nothing in the Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by the United Kingdom law.
9. General
9.1 We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains, or in any part of our business.
9.2 No joint venture, partnership, employment or agency relationship exists between you and us as a result of your use of the Site.
9.3 The Terms (as amended from time to time) constitute the entire agreement relating to your use of the Site.
9.4 If any provision of the Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
9.5 Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision.
9.6 You may not assign, delegate or otherwise transfer your account or your obligations under the Terms without our prior written consent. We may assign or otherwise transfer our rights and obligations in terms of the Terms to third parties.
9.7 Any notice to you via email, regular mail or notices or links on the Site shall constitute acceptable notice to you under the Terms.
9.8 The Terms shall be governed by and construed in accordance with the laws of the United Kingdom law and you agree to submit to the exclusive jurisdiction of the United Kingdom Courts.
10. Fees
10.1 We do not charge any fees.
10.2 All remuneration should be discussed directly between the Candidate and Employer.
13.3 You may use any service to facilitate your contracts and payments. If you wish, you may choose to use an Employer Of Record, such as those listed at EmployUkraine.org/hire.
PART B: TERMS FOR EMPLOYERS
11. Registration and use of the Site
11.1 If you wish to register as or on behalf of an Employer on the Site, you must have the authority to bind the Employer to the Terms, and legally capable of entering into a contract. The details that you provide on registration must be true, accurate and complete. You agree to update your account to reflect any changes to those details, or to notify us accordingly and we can make the changes. At our request, you shall provide evidence of your compliance with this Condition 10.1. You also agree to provide any further information we may require from you from time to time, including information relating to your identity. We may not accept your registration until we have verified this information and we shall notify you accordingly. We reserve the right to refuse your registration.
11.2 When you register on the Site you will create a password. You are responsible for keeping your password confidential. You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email to company email if you believe there has been any unauthorised use of your account. You may not transfer your account to anyone else. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of the Terms.
11.3 Following registration, you agree that we shall be entitled to reproduce and use the Employer’s name and associated logos within marketing and publicity for our business.
12. Jobs
12.1 All of your Jobs should include sufficient information for the Candidate to review and decide whether or not they are interested and prepare an Application. We suggest including the following information in your Jobs:
(a) a clear description of the Services required. The Job should accurately describe the role and not mislead the Candidate. Sufficient detail should be included in order for the Candidate to understand the nature of the Services and the basic requirements of the Services;
(b) any assumptions or likely difficulties associated with the Services;
(c) the experience training, qualifications and authorisation which the Employer considers necessary or which are required by law or any professional body for the Specialist to possess in order to carry out the Services;
(d) the date for the start of the Services and the duration together with any timetable and milestones to be achieved under the Services if known; and
(e) the approximate salary.
12.2 Your Jobs and communications with Candidates must be written and posted in a fair, honest and professional in the context of the potential relationship.
12.3 You must not post any content on the Site that:
- is deliberately dishonest or false;
- is obscene offensive, hateful, inflammatory, or unlawful, or promotes illegal activities, violence or hatred;
- is discriminatory or appears to be discriminatory of any group of people including on the grounds of sex, race, age or disability;
- includes any IP Rights that do not belong to you unless you have the written permission of the owner of such IP Rights to reproduce it on the Site;
- includes any personal insults or attacks; and/or
- breaches the provisions of any law, statute or regulation including the Equality Act 2010 and the General Data Protection Regulation 2016; and/or
- encourages or otherwise deliberately or recklessly involves any breach of applicable laws, regulations, codes of practice and/or guidelines
12.4 Within your Jobs and/or otherwise in relation to the Services, do not ask Candidates for advice or recommendations on financial matters, stocks, other investments, any ratings or securities, legal, medical, accounting or financial planning unless you have checked that the Candidate has relevant authorisation to provide such advice.
12.5 We may at our sole discretion:
(a) require you to amend any content you have posted on the Site; and/or
(b) remove any content you have posted on the Site at any time and without notice to you if we reasonably believe that such content breaches any part of the Terms.
12.6 We shall host the Job in accordance with the Terms on the Site until you remove it, or until we reasonably believe the Job is no longer active.
13. Your relationship with Candidates
13.1 Within your account you will be able to see the Candidates’ profiles, message them, and invite them to make an Application. If a Candidate sends you an Application, you can then discuss the Services and the Job on the Site to try to reach an agreement. You agree that unless you reach such an agreement for the provision of the Services with a Candidate, you shall keep the details of the Candidate’s Application confidential and not use it for any purpose whatsoever.
13.2 You shall treat all Personal Data and other information relating to a Candidate as confidential and you shall comply with the Data Protection Legislation in respect of the Candidate’s Personal Data. In particular, you shall:
(a) keep secure the Candidate’s Personal Data, and not share it with any third party, or use it for any purpose except in relation to a Job under the terms of the Service Contract unless the Candidate agrees to any other use;
(b) take appropriate security measures (including physical, electronic and procedural measures) to help safeguard the Candidate’s Personal Data from unauthorised access, loss and disclosure;
(c) ensure that individuals processing the Candidate’s Personal Data are subject to a duty of confidence in relation to the Candidate’s Personal Data;
(d) assist us to respond to a data subject access request;
(e) assist us to allow Candidates to exercise their rights under Data Protection Legislation and to meet our legal obligations in relation to the security of processing, the notification of breaches of Personal Data and data protection impact assessments; and
(e) at our request, submit to audits and inspections by us to ensure that you are complying with your obligations under this Condition 12.2 and notify us if you are requested to take any action in breach of any the Data Protection Legislation relating to a Candidate’s Personal Data.
13. 3. If an Employer wishes to hire a Candidate, the Employer agrees to put in place a formal contract in line with any applicable laws, including the Equality Act 2010 and the Protection From Harassment Act 1997 or related laws in the contract country.
13.4 Any contract between the Candidate and Employer shall take place off the EmployUkraine website. We are not a party to the Contract and all issues relating to the Services must be discussed directly between the parties.
13.5 If you decide to hire the Candidate, you agree to click the ‘Select Candidate’ button on that Candidate’s Application page, to inform EmployUkraine.
PART C: TERMS FOR CANDIDATES
14. Registration and use of the site
14.1 If you wish to register as a Candidate on the Site, you must be legally capable of entering into a contract. We retain the right to reject your registration.
14.2 All details that you provide on registration must be true, accurate and complete,. You agree to update your account to reflect any changes to those details, or to notify us accordingly and we can make the changes. At our request, you shall provide evidence of your compliance with this Condition. You also agree to provide any further information we may require from you from time to time, including information relating to your identity. We may also check the information you provide, by accessing social media accounts or otherwise. We may not accept your registration until we have verified this information and we shall notify you accordingly.
14.3 When you register on the Site you will create a password. You are responsible for keeping your password confidential. You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email to company email if you believe there has been any unauthorised use of your account. You may not transfer your account to anyone else. We may deny access to a password if we reasonably believe that it is being used by an unauthorised person or that the user is in breach of the Terms.
14.4 The only persons eligible to register as Candidates are those who have been forcibly displaced as a direct result of the war in Ukraine beginning 24th February 2022. We consider this to be a charities’ exemption from the Equalities Act 2010 on the basis that:
A) Our charity’s governing document only allows people who share this protected characteristic to benefit; and
B) This restriction is justified on the basis that it is tackling a particular disadvantage in that unemployment is higher in this group than in the general population, and that in any case this is a fair, balanced and reasonably necessary way of carrying out the legitimate aim of supporting the humanitarian cause in Ukraine, classed by the UNHCR as a Level 3 Emergency.
15. Candidate Profile and Applications
15.1 You may upload a Candidate Profile and you agree that the Candidate Profile will include as a minimum all of the information that you are prompted to submit including details about your day rate. You warrant and represent that all content included in your Candidate Profile shall be accurate and up-to-date and shall accurately describe your qualifications and experience.
15.2 You may also submit your Applications on the Site. The content in your Candidate Profile and your Applications shall not:
- breach the provisions of any law, statute or regulation;
- infringe the copyright, database rights, trade mark rights or other IP Rights of any third party;
- be made in breach of any legal duty owed to any third party, such as a contractual duty or a duty of confidence;
- be deliberately or knowingly false, inaccurate or misleading;
- include any content which promotes fraudulent or illegal activities; promotes violence or hatred; is discriminatory of any group of people; is offensive, hateful or inflammatory;
- include any content or links to third party advertising; and/or
- give rise to any cause of action against us.
15.3 We do not routinely monitor or review any content within a Candidate Profile or an Application. However, we may remove any content at any time and without notice to you if we reasonably believe that such content infringes any of the provisions of Condition 15.2.
15.4 If you no longer wish for your Candidate Profile to be available on the Site, please let us know or remove it from your account. Do please note that Employers who have already accessed your Candidate Profile will not know that you are no longer interested in receiving information about job opportunities so you will need to inform them of this as and when they contact you.
15.5 You should remove your Candidate Profile from the Site if you are no longer seeking the opportunity to provide Services.
15.6 Your communications with Employers must be written and posted in a fair, honest and professional manner in the context of the relationship. You agree that the Employer shall rely on the information in your Candidate Profile and your Application in order to determine whether or not to engage you and accordingly, you shall immediately notify the Employer if the information in your Candidate Profile and/or your Application changes before you enter into a Service Contract.
16. Your relationship with Employers
16.1 You agree that your Candidate Profile is available to all Employers. An Employer may message you and/or invite you to submit an Application in respect of a Job and if you do so, then you and the Employer can message each other through the Site to discuss the Services and the Job to try to reach an agreement.
16.2 We ask that the Employer complies with the Data Protection Legislation in respect of your Personal Data. However, we cannot promise that they will do so. If you have any concerns about how an Employer is using your Personal Data, please contact the Employer.
16.3 By sending an Application to a Job, you are applying to the Employer for a contract of employment or contracting.
16. 4. If you wish to contract with the Employer, you agrees to put in place a formal contract in line with any applicable laws, including the Equality Act 2010 and the Protection From Harassment Act 1997 or related laws in the contract country.
16.5 Any contract between the Candidate and Employer shall take place off the EmployUkraine website. We are not a party to the Contract and all issues relating to the Services must be discussed directly between the parties.
16.6 If you are hired by the Employer, you agree to contact us at [email protected] to inform us, in order to support our cause of helping more Candidates find jobs.
17. Indemnity
You shall defend and indemnify us and keep us indemnified and held harmless from and against any costs, losses, damages, expenses and liabilities that we may suffer or incur arising as a result of any third party claim or allegation:
17.1 in relation to the content of your Candidate Profile;
17.2 any income tax, National Insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with the performance of the Services, where the recovery is not prohibited by law; and
17.3 from an Employer or any third party relating to your acts or omissions.
This indemnity will survive termination of your account on the Site.
Last updated: 28th March 2022
