Website/app/platform (the "Site") is owned and operated by Jobby Technologies UK Limited (“Jobby”) and is made available to you on the following terms and conditions. By using the Jobby website and the Services available on it, you are deemed to accept these terms and conditions and any additional terms and conditions which expressly apply to services and information provided by third parties.
2. What are these Terms?
These terms (the "Terms") set out the information applicable to jobseekers/workers (the "Jobseekers") and recruiters/employers (Recruiters) who wish to use the Site and apply to the contractual agreement (hereinafter referred to as the "Agreement") between Jobby and you as a Jobseeker or Recruiter, who are interested in or use our Services that is offered at on “the Site” or other websites that incorporate these Terms and our mobile applications ("apps") (collectively referred to as "Service" hereinafter). Such websites and apps are collectively referred to as "Platforms" hereinafter. If you do not agree to these Terms, you must not use the Site. Please refer to Keyword definitions of the terms used in these Terms which is to be found at paragraph 35 of these Terms.
All copyright, database rights and other intellectual property rights in the Site and the material available on the Site belong to Jobby or its third-party suppliers. Use of the Site does not give you any proprietary rights in such materials.
4. Use of the Site?
The information and services available on the Site are provided for the sole purpose of individuals and employers looking for employment opportunities. You may use, print, and download information from the Site for these purposes only. You may not otherwise copy, display, transmit or distribute any material from the Site and if you do or if you perform any other unauthorised processing of information on the Site it shall be deemed a material breach of these Terms which, in the case of a Jobseeker and Recruiter entitle us to terminate the Services immediately without prior notice. Further, we reserve the right to suspend the provision of the Services to you in circumstances where we reasonably believe that you have performed any unauthorised processing of information.
5. There are other terms that may apply to you
6. Employment Agencies and Employment Business Regulations 2003
6.1. Jobseekers need to be aware that this Site operates as a venue only and does not introduce or supply Jobseekers to Recruiters (or vice versa). This means that we do not:
(a) obtain confirmation of the identity of a Jobseeker or that they have the experience, training, qualifications, or authorisation to work in the position to be filled or that they wish to undertake the role to be filled;
(b) take any steps to ensure the Jobseeker are aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the Jobseeker to fulfil the position to be filled;
(c) take any steps to ensure that it would not be detrimental to the interests of the Jobseeker to fulfil the position to be fulfilled;
(d) give any indication to Recruiters whether Jobseekers are unsuitable (or suitable) for any position to be filled in any circumstances;
(e) propose Jobseekers to Recruiters or provide any information about them;
(f) accept any references in relation to a Jobseeker; or, (g)make any arrangements for accommodation of Jobseekers.
6.2. The Conduct of Employment Agencies and Employment Business Regulations 2003 (the "Regulations") seek to ensure that Jobseekers are only proposed by employment agencies for roles for which they are properly qualified, and that Recruiters are only offered Jobseekers who have the appropriate levels of experience, training, qualifications, and authorisation for the position to be filled. Since we are only a venue and do not propose or introduce Jobseekers to Recruiters or vice versa, it is recommended that, if you are a Jobseeker, you undertake the steps set out in the Regulations to ensure your suitability for the role advertised.
6.3. These could include if you are a Jobseeker, checking the identity of the Recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorisation which the Recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a Jobseeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position.
7. Our Responsibility
7.1 When you complete the registration procedure you become a Registered User. As a Registered User you acknowledge that Jobby does not provide any guarantee or assume any liability in this respect to the suitability of a Jobseeker to perform the Job and/or to the performance of the Employment Contract or the solvency of the Recruiter or to the payment of the Remuneration or the fulfilment of the legal obligations connected to the Job (including authorisations and/or licences as required by law) by the Jobseeker or Recruiter or to the truthfulness, correctness and proper purpose of any information posted to the Platform by the Jobseeker or Recruiter.
7.2 We do not guarantee that Jobseekers will be offered a job by the Recruiter. The decision to recruit or hire a candidate solely lies with the Recruiter. We recommend that you check regularly that your profile, including your CV and other details, are accurate and update to date.
Jobby has the discretion to decide whether the content submitted by a Registered User will be published. Jobby has no contractual obligation to publish content. If you breach the provisions of these Terms or breach any applicable laws and regulations, we may suspend you from the Platform and/or your account. The extend and length of such banishment depends on the gravity and frequency of the breach and is up to our discretion.
9. Use of Services
9.1 You shall not act illegally in using our Services and/or breaches any appliable law or regulations, particularly you shall not provide us with any content, that:
(a) is harassing, offensive, disparaging, or discriminative because of gender, race, religion or beliefs, or state or spread untrue facts about a company, a natural or legal person;
(b) violates the rights of third parties and, especially copyright laws, personality rights or other property laws;
(c) is confidential, e.g., includes business secrets;
10. Data Protection
11.1. Jobby provides the Registered User with the Services through the Platform, which can be used either through the Site and/or the Web Application on which Registered Users can post advertisements or Applications as Recruiters or Jobseekers or through the App to view Jobs and/or send their Applications for one or more Jobs, as Jobseekers.
11.2. The Services are offered by Jobby to Registered Users residing in the Territory who have reached the age of 18 years on the date of registration and can only be used in accordance with these Terms.
11.3. User's Registration to the Platform is free of charge for Jobseekers.
12. Platform Registration Procedure
12.1. The Register User enters his/her personal identification data, including invoicing and digital signature data, by filling in the appropriate registration form as follows;
(a) the Registered User, will register, as a Recruiter or Jobseeker;
(b) the Registered User shall provide information regarding their registration with any external payment providers for the payment of Remuneration and/or Commission related to the Services;
(d) upon completion of the Registration Procedure, the Registered User must complete their profile by entering the information requested by the Platform;
(e) the Registered User registering as a Jobseeker must complete the verification process to be able to proceed with the application for job offers; and
(f) the Registered User registering as a Jobseeker may provide additional information regarding availability for work; technical skills; soft skills; preferences regarding the type of work; possession of licenses and any other relevant information.
12.3 The completion of the Registration Procedure: shall constitute an offer to enter into an Agreement with Jobby on the Terms and subject to Jobby’s right to accept or decline the conclusion of the Agreement in its own discretion.
12.4 You must provide the requested information and data completely and truthfully. You are responsible to keep your contact data (especially your email-address,phone number) up to date and to secure that you can be contacted under the address provided and that the email-address is not transferred to another person. Should any of the provided data change, you must adjust and correct the data immediately. In the event of incomplete or false information provided by you, we shall have the right, to block your account and the access to our Platform temporarily or permanently and/or terminate.
13. Performance of the Job
13.1. The publication of an Announcement and/or a Job Application for the purpose of concluding the Employment Contract is conducted according to the following procedure:
(a) the Recruiter publishes directly or through Jobby, via the Platform, an Announcement for a Job on the Platform, containing the description of the Job and the other conditions of interest, including the Remuneration;
(b) the Recruiter, either directly or through Jobby, identifies the Jobseeker of interest and sends via the Platform its Acceptance;
(c) the Recruiter may revoke or amend the Job at any time prior to Acceptance of a Jobseekers Application;
(d) in the event of the revocation or unilateral modification of the Job offered, the Jobseeker may cancel his/her Application at any time prior to Acceptance by the Recruiter;
(e) following confirmation of Acceptance by the Recruiter, the Jobseeker confirms through the Platform, his/her availability to perform the Job and the Employment Contract is agreed between the Recruiter and the Jobseeker;
(f) upon finalization of the Employment Contract between the Recruiter and the Jobseeker, the Jobby sends confirmation to the Recruiter and the Jobseeker that the Employment Contract has been finalised;
(g) Once the Job has been completed, the Jobseeker reports via the Platform that the Job has been completed (the "Completion Report") or, in the event of the occurrence of any dispute and/or problem that prevents completion of the Job, the Jobseeker opens a Claim via the Platform or may report it to Jobby;
(h) the Recruiter, upon receipt of the notification from the Jobseeker of the completion of the Job, shall confirm through the Platform, directly or through Jobby, the completion of the Job (the "Confirmation of Completion") and shall proceed with the payment of the Remuneration;
(i) where, on the receipt of the Jobseekers report on the completion of the Job, there are disputes on the part of the Recruiter regarding the completion of the Job, the Recruiter may open a Claim via the Platform or may report it to Jobby; and
(j) upon completion of the Job, the parties are encouraged to review and leave feedback.
14. Duties of Registered User
14.1 The User agrees and acknowledges that any worker identified or discovered through the Jobby platform should not be hired directly, outside of the Jobby platform. Any attempt to circumvent the Jobby platform in the hiring process may be considered a breach of this agreement. This restriction is intended to ensure that the engagement of workers located via the platform is properly tracked and that applicable fees are applied. Any violation of this provision may result in termination of the User's account and any other remedies that Jobby may have under the law.
15. Jobseeker Responsibilities
15.1 The Jobseeker undertakes to provide detailed and truthful information when registering, also undertaking to keep it constantly updated thereafter.
15.2 The Jobseeker accepts responsibility and liability for the content of his/her Application.
15.3 In the performance of the Job, the Jobseeker shall be required to:
(a) comply with the time and place of work agreed with the Recruiter;
(b) properly execute the Job according to the terms of the Employment Contract;
(c) properly use the Platform in communications with the Recruiter;
(d) give timely feedback to the Recruiter;
(e) comply with the request for payment required under these Terms; and
(f) comply with the Recruiter’s existing hygiene and health regulations.
16. Commission and Remuneration
16.1. Commission and Remuneration are payable by the Recruiter to Jobby and the Jobseeker through the selected payment method chosen on registration. (Through Jobby by the joobseeker)
16.2. Jobby reserves the right, at its sole discretion, to make changes to the terms and conditions as to payment of Commission and Remuneration and will notify Registered Users of such changes.
16.3. The Recruiter is prohibited from charging the Jobseeker’s any further fees in any manner whatsoever, including by deduction of the relevant amount from the Remuneration.
16.4. User acknowledges and agrees that Jobby reserves the right to charge a commission or conversion fee ('Fee') in the event that a User, be it an individual or a company, successfully hires a worker for a full-time or part-time position through the use of the Jobby platform.
17. Method of Payment
17.1. Commission and Remuneration payments shall be made through the Platform, or through external providers or banking institutions indicated by Jobby.
17.2. Jobby reserves the right to change the payment methods
17.3. If payment of the Remuneration and Commission is not made within 30 days from the day of the Job completion, Jobby shall collect the payment by debiting the payment method chosen by the Registered User when registering on the Platform..
18. Third Party Services
Jobby reserves the right to allow third parties to provide additional services via the Platform to interested Registered Users.
19. Verification Badges and Other Badges
19.1. Registered Users who intend to work via the Platform as Jobseekers must obtain a Verification Badge as a necessary condition for working on the Platform. To this end, each Registered User must provide the required documentation and/or other evidence to support and confirm the veracity of their data, identity, references and contact numbers, qualifications and/or licences required by Jobby. Jobby may use external providers to provide identity verification systems.
19.2. The assessment of eligibility for the Verification Badge is conducted by means of a computer system capable of confirming the validity of the documents entered and, in any case, at Jobby's discretion. The Verification Badge is indicated on the Registered User's profile with a special icon.
19.3. In order to perform specific Jobs, the Jobseeker may be required to possess/obtain specific Badges linked to the type of skills required (soft-skill or hard-skill), to the completion of training courses, to the possession of certifications or certificates.
19.4. Jobby does not guarantee the truthfulness of the information regarding the Jobseeker, since it is provided by the Jobseeker under his/her own exclusive responsibility, with the onus on the Jobseeker himself/herself to promptly give notice of any change in the information provided by him/her by updating his/her profile. Each Registered User must verify the information of the other Registered Users with whom he/she comes into contact and Jobby therefore assumes no responsibility for the use and/or reliance that any Registered User may make because of the provision of the Badge.
19.5. Jobby may at its own discretion refuse to issue a Badge and/or revoke a Badge if the Registered User breaches any of Terms. or if the Registered User breaches any of the specific conditions for obtaining the Badge.
20. Protection and insurance
20.1. Jobby does not guarantee that the insurance cover offered through the Jobby Platform is adequate or appropriate for any the Registered User, nor suitable for the purposes of the Job. Each Registered User shall make their own checks, as well as whether additional insurance of any kind is required and/or appropriate.
20.2. The Jobseeker acknowledges that when you apply for a Job you authorise the transmission of your personal data to the insurance company providing the policy, which will use them for the purpose of providing its services.
21.1. The Registered User may open a Claim in the event of failure to complete the Job in the case of:
(a) lack of the environmental conditions necessary for the proper performance of the Job;
(b) lack of the necessary equipment for the proper performance of the Job;
(c) specific and unforeseen problems that arose during the Job;
(d) unavailability of the Jobseeker due to reasons of force majeure to appear at the place and time designated for the Job;
(e) unavailability of the Recruiter to be present in person or to delegate a third party at the place and time designated for the Job.
21.2 The opening of a Claim may be made by the Jobseeker and/or Recruiter in the following manner:
(a) using the mobile app (in the case of a Jobseeker) or the Web Application (in the case of a Recruiter) by selecting the "Report a Problem" button within the Job detail tab, specifying the reasons for opening the Claim;
(b) by sending an e-mail to support@Jobby.works or by using our contact forms found on the “Site”
22.1. The Jobby Platform includes a feedback system for Registered Users to help evaluate them and the Services.
22.2. Registered Users undertake to refrain from making any comments and/or conduct that, directly or indirectly, is offensive, disparaging, or discriminative because of gender, race, religion or beliefs, or state or spread untrue facts about a company, a natural or legal person.
22.3. Each Registered User may file a complaint regarding any feedback/comment posted on the Jobby Platform by contacting Jobby directly.
22.4. Upon receipt of the request or report, Jobby shall examine the feedback indicated and, if deemed according to its own discretion, detrimental to the person to whom the feedback refers or otherwise inappropriate, shall order its deletion.
23.2 The Registered User undertakes to:
(b) not to disclose Jobseeker’s personal data or any other information to third parties, other than those expressly provided for in these Terms, unless such disclosure is necessary under law;
(c) indemnify and hold Jobby harmless from all prejudicial consequences arising from unlawful data processing conducted in breach of the Terms;
(d) not publish content, CVs or profiles or apply for advertisements on behalf of third parties;
(e) not provide false or untrue data and information; and
(f) to keep the access keys to the Services and the Platform secret and not allow third parties access to them.
24. Amendments to the Terms
24.1. Jobby reserves the right to update, change and/or supplement these Terms and each of the documents referred to in these Terms.
24.2. Changes to the Terms shall be effective as from the date of their publication on the Site of which written notice shall be given to Registered Users.
24.3. Registered Users should periodically review the Site for any notice of amendments to the Terms.
24.4. If the Registered User does not accept changes to these Terms, the Registered User may withdraw from the Platform by written notice sent by email or by registered post within 5 Days after receipt of the notice of change to the Terms. The withdrawal will be effective 5 days after receipt of the relevant notice by Jobby. The Registered User's withdrawal will be followed by the deletion of their profile and their content from the Platform without prejudice to the to the Employment Contracts that were in force on the date the withdrawal became effective.
25. Prohibition of assignment
25.1. The Services are personal to the Registered User and may not be assigned, in whole or in part.
25.2. Registered Users may not resell spaces on the Platform to third parties, nor may they use these spaces in their own name on behalf of third parties. In the event of a breach of the obligations, Jobby will immediately, without notice suspend the Registered User’s profile and to delete content published in breach of the provisions herein.
26. Termination clause
26.1 This Agreement between Jobby and the Registered User regarding your Registered User account and the Services provided under these Terms unless you voluntarily request us to delete and close your account. Either party may terminate this Agreement on written notice with immediate effect and without cause.
26.2 Jobby may terminate this agreement and cancel the Registered User's registration and profile, without notice in the event of breach of any of the following provisions:
Paragraph 14 ("Duties of the Registered User"),
Paragraph 16 ("Commission and Remuneration"),
Paragraph 23 ("Privacy Obligations of the Registered User"),
Paragraph 25 ("Prohibition of assignment"),
Paragraph 30 ('Intellectual and Industrial Property').
Except as expressly stated otherwise in these Terms, any notice to Jobby must be made by registered letter or by email to the contact details provided and indicated on the Platform and any notice to the Registered User, to the contact details provided to Jobby during the Registration Procedure.
28. Agreement Duration
28.1. This Agreement shall come into force at the time of completion of the Registration Procedure and shall continue indefinitely, subject to termination pursuant to paragraph 26.
28.2. Any Employment Contracts that may be in force at the date of termination of this Agreement shall continue to remain in force in accordance with its terms.
28. Agreement Duration
29.1. Jobby may temporarily interrupt access to the Platform in the event of technical problems or to ensure its maintenance by giving prior notice, if possible, via the Site, the Web Platform and/or the app.
29.2. Jobby shall not be liable for any suspension or interruption of the Services due to force majeure. Jobby shall therefore not be liable for any interruption of the Services nor for any damages resulting therefrom caused by unforeseeable events beyond its reasonable control, such as, but not limited to, the failure of the internet and/or mobile network for any cause whatsoever measures of any national and/or international authority, strikes, even of its own personnel, power failures, natural disasters, fires, riots, pandemics, wars or acts of third parties and, in general, any impediment or obstacle that cannot be overcome with ordinary diligence.
30. Intellectual and Industrial Property
The layout, concept, logo and graphic representations, trademarks, name and domain name, content published on the Platform and included on the Website, programming code, software developed and technology on which the Platform is built are protected by the regulations in force relating to industrial and intellectual property and may not be used, reproduced, copied, modified, in whole or in part, without the prior written authorisation of Jobby.
31. Links to third-party sites
Jobby assumes no responsibility for content created or published on third-party sites with which the Website has a hyperlink. The Company does not control these links and is not responsible for their contents or their use. The presence of links on the Website does not imply any acceptance by Jobby of the material published on such websites or any relationship between Jobby and the operators of such websites.
32. Final Provisions
32.1. Should one or more of the provisions of these Terms and/or the Annexes be declared invalid or ineffective in whole or in part for any reason whatsoever, it shall be severable from the others and shall not affect the validity and enforceability of the other Terms or the performance of the Employment Contracts in their entirety or any other clause or provision.
32.2 Any forbearance or waiver by Jobby of the conduct of the Registered User in breach of the provisions contained in these Terms shall not constitute a waiver of Jobby’s rights nor of any rights and entitlements which Jobby may have under law or under the Agreement.
33. Applicable law and jurisdiction
These Terms, their subject matter and its formation are governed by English law. Jobby and the Registered User agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland, you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.
“Acceptance”: the acceptance by the Recruiter of the Jobseeker’s application in response to the Recruiter’s Announcement.
"Annexes": the annexes to these Terms and Conditions.
"Announcement": a Job offer posted by the Recruiter and published on the Platform.
"Application": the Jobseeker’s Job application via the Platform in respect of the Recruiter’s Announcement
"Badge": the verification icon issued by Jobby to a Registered User based on information provided by the Registered User and/or based on qualifications or skills that the User possesses.
"Claim": a report by a Recruiter raised against a Jobseeker (or vice versa) regarding the performance of a Job, notified to Jobby on the Site, the Jobby app or via Jobby's customer care service at email@example.com.
"Commission": the remuneration paid by the Recruiter to Jobby for the use of the Service.
"Employment Contract": the agreement concluded between the Recruiter and Jobseeker following Acceptance.
"Job": means work performed by the Jobseeker for the Recruiter as described in the Announcement and governed by the Employment Contract.
"Platform": the hardware and software infrastructure developed, operated, and owned by Jobby and on which the Site, the Web Platform and the Mobile App are developed and operated for the purpose of providing the Services and any other digital platform that may be developed in the future for the provision of the Services.
"Registration Procedure": the procedure of registration on the Platform to use the Services.
"Registered User": natural or legal person who has completed the Registration Procedure for the use of the Services.
"Remuneration": the agreed payment payable by the Recruiter to the Jobseeker on completion of the Job.
"Services": all services offered by Jobby through the Platform and usable by the Registered User.
"Territory": the territory where Jobby offers its Services.
"Verification Badge": the badge issued by Jobby to each Registered User at the end of the verification process of the Registered User's profile and marked with a verification icon created and assigned by Jobby.