Legal.

Terms of Use

Last updated 28th February, 2019

 

 

Background

Welcome to the website and online services of Castledare Ltd (UK Company Registration Number 09663445), operating under the registered trademark name, Werkabee. All functions within this agreement are referred to as ‘Werkabee’, ‘Castledare Ltd’, the ‘Company’, ‘we’, or ‘us’.

 

These Terms of Use are a contract between Werkabee and yourself, and explain the terms and conditions by which you may use and/or access our services.

Our services include, but are not limited to-

(i) werkabee.com (the ‘Website’);

(ii) The Werkabee  mobile application  for Android and Apple devices (the ‘Werkabee app’); and

(iii) werkabee.com/werkplacement The ‘Werkplacement’ short-term hiring service (the ‘Werkplacement Service’).

 

Plus any other Werkabee-owned sites and applications (collectively, the ‘Services’).

By accessing or using the Services, you signify that you have read, understood, and agree to be bound by this Terms of Use agreement (the ‘Agreement’), whether or not you are a registered user, partner, or customer of the Services. This Agreement incorporates the Werkabee Privacy Policy and all other Specific Terms of Service as applicable.

 

We reserve the right to amend this Agreement (including the Privacy Policy and any Specific Terms of Service) at any time by notifying you, as provided in this Agreement. Your continued use of the Services after any such amendment constitutes your acceptance of the revised Terms of Use. If you do not agree to any terms of this Agreement, do not use, access or continue to access the Services. This Agreement applies to all persons and entities that visit any of our websites and/or use or access any of the Services (‘Users’).

Certain features of the Services may also have their own specific terms and conditions that you agree to when you sign up for that particular product, function, or service (‘Specific Terms of Service’). A Specific Terms of Service supplements this Agreement, but if any term of this Agreement expressly conflicts with any term of a Specific Terms of Service, the conflicting term in the Specific Terms of Service will control, but only with respect to the applicable product, function or service. All other terms and conditions in both this Agreement and the Specific Terms of Service will remain in force.

External sites linked to Werkabee may have their own terms and conditions. It is your responsibility to access, review and accept any such terms before using their services.

1. Types of Users

 

The word ‘you’ as used in this agreement will apply to users who use any or any combination of our services (including the Website, the Werkabee app, or the Werkplacement Service) as well as individuals who access or use the Services on their own behalf and/or on behalf of an entity.

 

1.1 Users that use the Services to seek/express interest in experiential opportunities on behalf of themselves and/or a third party, including upload of any personal documentation, are referred to in this Agreement as an 'Opportunity Seeker’. In this contract, 'Opportunity Seekers' shall refer to any or a combination of the following-

 

i) Candidates

(ii) Opportunity Seekers

 

1.2 Users that use the Services to provide/recruit talent for experiential opportunities on behalf of themselves and/or a third party are referred to in this Agreement as an 'Opportunity Provider’. In this contract, 'Opportunity Providers' shall refer to any or a combination of the following-

 

i) Clients

(ii) Opportunity Providers

1.3 If you use Werkabee on behalf of an employer, organisation, agency, institution, or other entity, then-

 

(i) ‘You’ includes you and that entity, and

 

(ii) You represent and warrant that you are an authorised representative of the entity with the authority to bind the entity to this Agreement, and that you agree to this Agreement on the entity's behalf.

2. Eligibility

 

​​You must be at least 16 years of age in order to create a Werkabee account/profile and use any of our Services. You must acknowledge and agree that you are able to form a legally binding contract with Werkabee, and that you have not been prohibited from using the Services under any relevant or applicable jurisdiction. As a user, you agree to include accurate and non-misleading personal information. Users are solely responsible for all activity undertaken in respect of their accounts.

 

3. Functionality

 

By providing Werkabee your email address, you consent to us using the email address to send you Service-related notices and marketing communications, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Services or special offers.

 

4. User Accounts & Profiles

 

Werkabee has a strict user verification procedure in place which requires users to create an account/profile by providing a valid email address or, in the case of the Werkabee app, signing up via an active social media account, including Facebook, Twitter, Google and LinkedIn. This authorises the company to access limited profile information, but under no circumstance will any private information be used publicly in adherence with our Privacy Policy.

 

4.1 The information in this section applies to all user accounts/profiles. When creating your account or uploading profile information to the Services via your account, you represent and warrant that you will provide accurate, complete and non-misleading information, and accept that you are solely responsible for the activity that occurs under your account.

 

4.2 All users must keep their account passwords secure. We encourage you to use ‘strong’ passwords (for example, passwords that use a combination of upper and lowercase letters, numbers and symbols) to protect your account.

 

4.3 You must notify Werkabee immediately of any breach of security or unauthorised use of your account. Werkabee will not be liable for any losses caused by any unauthorised use of your account.

 

4.4 Users have no ownership rights in their accounts, and in the event that your account is terminated by you or us, the contents of your account may not be available. Werkabee reserves the right to delete a user account in the event of any activity perceived to be suspicious or illegal.

 

4.5 If you access the Services via a social networking site, you agree that Werkabee can access, store, and make available on the Services, any information and data you provide in your applicable social networking site account, such that the same information is available in your Werkabee account. You agree that Werkabee is not liable for any personal information made available to us in violation of your privacy settings with the applicable social networking site.

 

4.6 Werkabee may suspend or terminate your account and/or your access to the Services, or any part of the Services, at any time without notice to you, if we believe you have violated the terms of this Agreement. Upon any such termination, all provisions of this Agreement shall continue to be in effect, except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.

 

5. User Conduct

 

You agree that you will only use the Services in a manner consistent with this Agreement and all applicable local, national and international laws and regulations. Use of the Services is void where prohibited.

 

6. User Responsibility

 

You are solely responsible for your interactions with other users of the Services, and with any other parties with whom you interact or connect with via the Services. Werkabee reserves the right, but has no obligation to, intercede in any disputes between Users. You agree that Werkabee will not be responsible for any liabilities incurred as the result of such interaction.

 

7. Werkabee App

 

We will make the Werkabee app available for use via a mobile or tablet device. To use the Werkabee app, you must have a mobile device that is compatible with the app. Werkabee does not warrant that the Werkabee app will be compatible with your mobile device. Werkabee hereby grants you a non-exclusive, non-transferable, revocable license to use a compiled code copy of the Werkabee app for one Werkabee account on mobile devices owned or leased solely by you, for your personal use.

7.1 Full use of the Werkabee app is currently offered free of charge to both opportunity seekers and opportunity providers. Users may be required to purchase an appropriate in-app subscription plan (1, 3 or 12 months) thereafter to upgrade to a premium version of the app which includes added features. Users who do not purchase a subscription plan to upgrade will still be able to use the Werkabee app, but certain features may be restricted.  

7.2 Users may in future be subject to a recurring billing cycle which applies to using in-app purchases to purchase a Werkabee app subscription plan. Users will be able to cancel their subscription at any time after purchase, otherwise it will stay active until the end of their subscription period.

  

8. Werkplacement Service

 

The Werkplacement Service is an on-line short-term hiring/recruitment service offered via the Werkabee website. The Werkplacement Service aims to connect opportunity providers including, but not limited to businesses, individual professionals and mentors with appropriate opportunity seekers including, but not limited to students, graduates, entrepreneurs, mentees and researchers, for short-term experiential opportunities such as work experience, internship, volunteering, mentoring, research and project ‘Placements’). ​

 

8.1 The use of the Werkplacement Service is offered free of charge to opportunity seekers. One-time, all-inclusive service fees are charged to opportunity providers, backed by 14 Day Money Back and 7 Day Road Test guarantees as applicable.

 

8.2 The Werkplacement Service requires users to create a ‘Werkplacement Profile Snapshot’ to either offer or express interest in an offered experiential opportunity. Opportunity providers must choose one of the two following options in order to use the Werkplacement Service-

 

  • Werkplacement EXPRESS

 

The Werkplacement EXPRESS service involves our use of an opportunity provider's submitted Werkplacement Profile Snapshot to source, screen and deliver a ranked shortlist of suitable and available talent matches for the company/individual’s specific hiring needs.

 

Benefits of the Werkplacement EXPRESS service include, but are not limited to-

(i) Our guarantee to source and deliver a ranked shortlist of suitable profile matches within 14 business days. Length of shortlist is requested by the opportunity provider in advance, and cannot exceed 5 matches unless otherwise requested.

 

(ii) Our offer to, once only, refresh/replace the initial shortlist with a completely new one (or provide as many new profile recommendations as requested by the opportunity provider (without exceeding the length of the initially-requested and agreed shortlist), within an additional 14 working day period, should the opportunity provider be unsatisfied.

(iii) Our offer of a full refund, should the opportunity provider not wish to offer their opportunity to anyone from either the initial or the new list or from additional recommendations provided. Any evidence found of an opportunity provider claiming/accepting a refund but still moving forward with contact and/or offer of an opportunity at any stage to any opportunity seeker put forward as a recommendation by Werkabee immediately voids this guarantee, and any issued refund will be payable back to Werkabee.

 

 

  • Werkplacement PREMIUM

 

The Werkplacement PREMIUM service involves our use of an opportunity provider's submitted Werkplacement Profile Snapshot to source, screen and deliver a ranked shortlist of suitable and available profile matches, plus all (video) interviewing, final hiring selection, confirmation of onboarding arrangements and on-going support.

 

Benefits of the Werkplacement PREMIUM plan include, but are not limited to-

 

(i) Our guarantee to source and deliver a ranked shortlist of suitable profile matches within 14 business days. Length of shortlist is requested by the opportunity provider in advance, and cannot exceed 5 unless otherwise requested.

 

(ii) Our offer to, once only, refresh/replace the initial shortlist with a completely new one (or as many new profile recommendations as requested by the opportunity provider (without exceeding the length of the initially-requested and agreed shortlist), within an additional 14 business day period, should the provider be unsatisfied.

 

(iii) Our offer of a full refund, should the opportunity provider not wish to offer their opportunity to anyone from either the initial or the new shortlist, nor to any additional recommendations provided. Any evidence confirmed of an opportunity provider claiming/accepting a refund but still moving forward with contact and/or offer of an opportunity at any stage to any candidate provided by Werkabee immediately voids all guarantees, and any issued refund will be immediately payable back to Werkabee.

 

(iv) Our guarantee to replace a final hiring selection made by us free of charge, should the appointee leave or be asked to leave by the opportunity provider within the first seven calendar days of the mutually agreed start date. Any termination made by either party after the agreed start date immediately voids this guarantee.

 

8.3 Opportunity providers using the Werkplacement Service shall make a one-time, all-inclusive fee payment via integrated on-line payment processors (including PayPal, Square, Stripe/Stripe Checkout, Braintree), in advance of the selected service being provided. Werkabee agree to charge no additional fees based on length of placement or on any future employment offered to a candidate as a result of using the Werkplacement Service.

 

8.4 Opportunity providers may elect to pay to upgrade from Werkplacement EXPRESS to Werkplacement PREMIUM at any time. Downgrading from Werkplacement PREMIUM to Werkplacement EXPRESS is not permitted under any circumstances.

 

9. Billing Policies

 

Certain aspects of the Werkabee Services are currently (Werkplacement) or may in future (Werkabee) be provided for a fee. If you elect to use paid Services, you agree to the pricing and payment terms stated for the applicable Services, which we may update from time to time.

 

9.1 Any future recurring charges for use of the Werkabee app will be billed in advance of service. Werkabee may offer new services, features or products for additional fees and charges, or amend fees and charges for existing services, at any time at our sole discretion.

 

You further agree that Werkabee has no responsibility for any linked third-party services, and your use of any such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle, following notice of such change to you.

 

10. Refunds

 

Except as otherwise provided in this agreement, Werkabee app users may cancel any future subscription to paid services at any time. You accept that you will not receive any pro-rata or part-payment refund of any pre-paid fees for any such cancellation.

 

10.1 In any event that Werkabee suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement, or of any other agreement that you have with Werkabee, you understand and accept that you will not receive a refund for any unused time period with respect to fees that you have pre-paid for a subscription plan, product or service.

 

In the case that you have not paid the applicable fees, you will remain liable to pay Werkabee the entire fees due for the subscription, product or service, as applicable.

 

11. Subscription Services

 

Except as otherwise provided in this agreement, if you, as a user have elected to upgrade or purchase a premium version of the Services, you may thereafter be requested to-

 

(i) Select a desired subscription plan; and

 

(ii) Provide valid credit card/debit card details and billing information.

 

11.1 Fees for use of The Werkplacement Service are payable in advance, at which point payments will be accepted and processed via a selection of available payment processors and/or credit/debit card details and billing information will be requested. Refunds are applicable only under the terms referred to in this Agreement (14 (working) Day Money Back/7 Day Road Test) guarantees.

 

11.2 Use of the Werkabee app is currently free for both opportunity seekers and opportunity providers. Fees for any future use of premium features will involve purchase of a subscription plan via in-app purchases in order to continue to use the Services.

 

Should you not wish to continue to use the Services offered as part of a premium upgrade, it is your responsibility to timely cancel prior to the expiration of the plan term to avoid any restricted use thereafter.

 

11.3 Any future Subscription plans (Werkabee app) will automatically renew via recurring billing for successive plan time periods depending on your selected plan (1 month, 3 months or 12 months) (‘Initial Plan Term’), unless you notify Werkabee of any changes or requests not to renew, or cancel your subscription prior to the end of the plan time period (‘Renewal Plan Term’).

 

At the time of automatic renewal, if you have provided a credit or debit card, the applicable subscription or other fees will be charged to the debit or credit card provided and/or associated with your account.

 

11.4 Any future plan cancellation requests (Werkabee app) should be made in accordance with the relevant in-app instructions provided. For paid Subscription Plans, you may cancel at any time effective at the end of the Initial Plan Term or any Renewal Plan Term.

 

Cancellation must be done prior to your next billing renewal date to avoid any unwanted charges. Your account will be cancelled effective on your next billing date, and once your account is cancelled you will lose access to all content and features under your selected Subscription Plan.

 

11.5 You agree and accept that you will not receive any refund or part-refund if you request a cancellation, and that the cancellation request shall become effective at the end of the Initial Plan Term or Renewal Plan Term in which the cancellation notice is received by Werkabee.

 

11.6 Werkabee can suspend or terminate your access to the Services and/or this Agreement in the following instances-

 

(i) If you breach this Agreement and cannot correct the breach within that period required by Werkabee if the breach is capable of cure;

 

(ii) Immediately, if you fail to pay any monies owed to Werkabee for paid services or if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; and

 

(iii) Immediately in the event of recurring violations of this Agreement.

 

11.7 In the event of any termination or suspension of your access to the Services and/or termination of this Agreement or any other agreement you have with Werkabee, you remain responsible for the entire amount of the fees pertaining to the applicable Services.

 

11.8 Werkabee may suspend your access to the Services without notice in the event of a suspected violation of this Agreement. You may terminate this Agreement if Werkabee materially breaches this Agreement and does not cure the breach within 10 working days after receipt of written notice from you.

 

12. Additional Terms Applying To Opportunity Seekers

 

You agree that if you have a Werkabee account or if you have provided your Werkplacement Profile Snapshot and any included personal information/documentation to Werkabee, we may use this to send you information about opportunities that may be of interest to you. You also agree that we may provide your Werkplacement Profile to an opportunity provider in the circumstance where we deem your profile suitable for a particular opportunity being offered, after which point they may contact you directly to discuss/offer the opportunity.

 

12.1 To the extent that you wish us to share your Werkplacement Profile/personal information/documentation with potential opportunity providers, employers, recruiters, or staffing agencies, you consent to us submitting your profile information as part of a shortlist, including any appropriate or necessary adjustments made by us to content and/or presentation thereafter, in order to further express your interest in a particular experiential opportunity being provided.

 

This means you give us a non-exclusive, royalty-free, worldwide license (and right to sub-license), of any rights, including intellectual property rights, in your Werkplacement Profile Snapshot and in any additional information you provide to us, to share or otherwise use as we reasonably require to fulfil the services we provide to you. It is therefore your responsibility to ensure that all information provided is current and accurate.

 

12.2 You are solely responsible for your interactions with users whom you contact or who contact you. You understand there are associated risks, including, but not limited to, the risk of emotional or even physical abuse, when interacting with other users, including persons who may be acting under false pretences. You should therefore use caution with regard to the information you elect to share as part of your Werkabee app account or Werkplacement Profile, and only share contact information you are comfortable disclosing to Clients and other users of the Services.

 

12.3 You should conduct your own due diligence on potential employers and experiential opportunities that may be of interest to you. Werkabee assumes no responsibility beyond Werkabee app user account verification for authenticating individual Users, nor can explicitly guarantee that experiential opportunities offered by opportunity providers are suitable, legitimate or non-exploitative.

 

13. Additional Terms Applying To Opportunity Providers

 

With respect to all experiential opportunities you provide as a result of using our services, (‘Opportunity’), whether on your own behalf or on behalf of a third party, in addition to the other requirements in this Agreement, you represent and warrant that-

 

(i) The content of opportunities presented/submitted will comply with relevant and applicable state, national and/or international legislation;

 

(ii) You have the necessary rights to submit the opportunities to Werkabee, pursuant to this Agreement;

 

(iii) The offering of opportunities will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark or other proprietary right, false advertising, defamation, or any other right of any person or entity; and

 

(iv) The content of opportunities shall comply with the then-current versions of this Agreement. You therefore agree to indemnify and hold Werkabee, its subsidiaries, and their respective officers, directors, employees and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with opportunities provided by you, from or any other content provided by you, or from your breach of this Agreement.

 

13.1 You agree not to submit any opportunities that contain inaccurate, false, or misleading information. Additionally, all opportunities must comply with all applicable/equivalent local, national and international laws and regulations including, but not limited to, those relating to labour and employment, including any applicable minimum wage legislation and/or exemptions to), equality of opportunity, and anti-discrimination.

13.2 You agree not to submit any opportunities that can be deemed in any way to be illegal, exploitative, unethical or unsuitable to be made available to opportunity seekers. Werkabee hereby reserve the right to review all information submitted at any stage to ensure compliance, and additionally, to ensure that all opportunities and organisations are not deemed to have the potential to bring Werkabee, our users or our partners into disrepute in any way.  

13.3 Werkabee may both non-directly and directly inform opportunity seekers that you have taken an action with respect to offering an experiential opportunity. You agree to deal honestly, fairly and professionally with all individuals who may express interest in opportunities provided by you during the course of direct communication or interaction with the Seeker, or during the course of communication with the seeker as facilitated by Werkabee.

 

You agree to indemnify Werkabee from and against any claim brought by an individual against Werkabee, arising from your breach of this Agreement or of any other agreement you have with Werkabee.

 

13.4 With regard to provision of experiential opportunities in the United Kingdom, you confirm that the content of all physical or virtual opportunities you present, submit and provide shall comply with the Data Protection Act 2018, The Equality Act 2010, and applicable laws relating to anti-discrimination and the Code of Practice on Employment provided by the Equality and Human Rights Commission.

 

In addition, if you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973), you agree to comply with the provisions of The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the ’Regulations’).

13.4 With regard to provision of experiential opportunities across the UK/EU, you confirm that the content of all physical or virtual opportunities you present, submit and provide shall comply with UK/European country-specific labour law, including those relating to occupational health and safety and the environment, together with those relating to anti-discrimination and all other employment related matters.

 

13.5 With regard to provision of experiential opportunities worldwide, you confirm that the content of all physical or virtual opportunities you present, submit and provide shall comply with all country/region-specific or applicable laws, including those relating to occupational health and safety and the environment, together with those relating to anti-discrimination and all other employment related matters.

13.6 With regard to data protection, you agree to implement appropriate physical, technical, organisational, and administrative measures to-

 

(i) Prevent unauthorised or unlawful processing of any Personal Data. For the purposes of this Agreement, ‘Personal Data' refers to data which relates to a living individual who can be identified from such data, or from such data together with other information which is in your possession/likely to come into your possession;

 

(ii) To protect Personal Data against accidental loss, destruction or damage;

 

(iii) To include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and

 

(iv) Have regard to the state of technological development and the cost of implementing those measures, so as to ensure a level of security appropriate to both the harm that may result from breach of those measures, and to the nature of the Personal Data to be protected.

 

13.6 You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions, particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend Werkabee at your own expense against all costs, claims, damages or expenses incurred by Werkabee for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section, including applicable data protection and privacy laws and regulations.

 

14. Liability

 

Werkabee cannot be held liable for any activity performed by users on or outside the Werkabee Services. Although we continuously monitor and report on certain activities and make every attempt to ensure that all experiential opportunities offered and undertaken by users as a result of using the Werkabee app or the Werkplacement Service are safe, non-exploitative and devoid of any risk as far as is reasonably practical, it is not feasible for the Company to validate individual user information, conduct individual/site visits, provide nor advise legally on any form of liability, accident, health, travel or repatriation insurance, nor assume any form of responsibility for any physical or virtual interactions, conduct or statements made between users.

​14.1 Werkabee will follow and adhere to any applicable or relevant regulations, investigate and take any necessary legal action to immediately suspend any users who violate our Terms of use or Privacy Policy.

​14.2 Werkabee is non-accountable for any communication or content exchanged between users. We are not held liable for any materials, communications or other intellectual property listed or exchanged by our users. Any such information found or reported on the Services which is deemed inappropriate, defamatory or offensive, will, unless lawfully consented, be removed, with appropriate action taken against the user.​

15. Quality Assurance

Users agree to acknowledge that Werkabee cannot monitor, evaluate or conduct background checks on individual users in advance of using the services, including, but not limited to, criminal record data, security clearance or working with children checks.

 

The Company will conduct manual on-line screening of individual or company organisations where possible, to detect fraudulent organisations, potentially unsafe or exploitative opportunities, or spam messaging. This may include, but not be limited to website address validation, company representative validation, profile completion assessment and activity level assessment.  

 

The Company will ensure as far as is reasonably practical that any opportunities or relationships facilitated as a result of using the Werkabee app or the Werkplacement Service are safe and non-exploitative, however no responsibility can be held for quality assurance of such opportunities or relationships, including any adherence to or involvement with academic accreditation or academic assessment, or any compliance with an individual business organisation’s internal policies and regulations.

15.1 Although we attempt to clarify and confirm any country-specific opportunity provider or opportunity seeker requirements and/or provisions regarding liability, accident, medical or travel insurance and visa in relation to provision of and participation in experiential opportunities which occur as a result of user interactions via the Werkabee app or the Werkplacement Service, Werkabee does not accept any form of responsibility for adherence to or verification of such requirements and/or provisions by either the seeker or provider.

Werkabee also cannot assume any responsibility for clarifying or ensuring any requirements applicable to legal provision of any experiential opportunity, including any procedures or policies, are in place or adhered to. This includes, but is not limited to, health and safety, minimum wage, risk assessment or security/Police clearance.

 

15.2 Although we encourage and attempt to provide guidance to both opportunity seekers and opportunity providers towards sourcing and preparation of any required formal agreement documentation between parties which confirms the experiential placement as official and covers relevant terms and conditions in advance of an experiential opportunity being commenced, Werkabee has no formal or legal responsibility for any provision, development, implementation of or adherence to the terms of such an agreement. Such agreements may include, but are not limited to, internship, voluntary, training or placement agreements.

Any requirement for development and/or implementation of an official agreement is the responsibility of, as appropriate or required, the opportunity seeker, the opportunity seeker’s current or former educational/vocational institution, and in some cases, the opportunity provider.

16. Confidentiality

Neither opportunity seekers nor opportunity providers shall, during or after termination of this agreement, without the prior written consent of the other party, use or disclose to any other person any information pertaining to another party which is identified as confidential or which is confidential by its nature.

17. Privacy

Please refer to the Werkabee Privacy Policy below for information about how Werkabee collects, uses, stores and discloses personally identifiable information from its users.

 

You understand that by using the Services you consent to the collection, use and disclosure of your personally identifiable information and aggregate data as set forth in our Privacy Policy, and to have your personally identifiable information collected, used, transferred to and processed in the United Kingdom or in any other country in which we process your data or make the Services available. You also consent to receive emails and other forms of marketing communications from us in connection with the use or promotion of the Services.

18. Communications

In your digital interactions with other users (including, but not limited to, app messages, emails or blog posts), you agree to conduct yourself civilly and respectfully. While using the Services, you agree that you will not under any circumstances harass or abuse any other user of the Services in any way.

18.1 Werkabee reserves the right to determine, at its sole discretion, what constitutes harassment, abuse or mischief, and where it is deemed it has occurred, we may, also at our sole discretion, partially or completely deny Services to any party deemed to have infringed.

As part of these efforts, Werkabee may review, moderate and flag certain messages, comments and other content to determine if a user’s conduct is potentially harmful to another user or to the larger Werkabee community.

18.2 We strongly condemn any use of defamatory, racist, sexist or otherwise derogatory language or behaviour via contact mechanisms included in the Services such as instant messaging and live video chat, and we expect utmost professionalism at all times from our users.

If you detect any suspicious activity or anything which undermines the integrity of our Services, please report it immediately to help@werkabee.com and we'll ensure to conduct a thorough investigation.

19. User Data Protection

19.1 The Company will ensure the privacy and security of all user data in compliance with the Data Protection Act 2018 and General Data Protection Regulation 2016/679.

 

19.2 The user will own all rights to their personal data and shall have sole responsibility for the legality, reliability, accuracy and quality of the data.

19.3 Werkabee will follow its archiving procedures for user data in line with its back-up policy, and this back-up policy may be amended periodically by the Company at its sole discretion. In the event of any loss or damage to user data, the user's only option will be for the Company to use reasonable commercial means to attempt to recover the lost or damaged data from their most recent back-up, maintained by the Company in accordance with standard archiving procedures.

 

19.4 The Company cannot not be held responsible for any loss, destruction or alteration of user data caused by any third party.

19.5 The Company is registered with the Information Commissioner's Office (ICO) under the UK Data Protection Act 2018 as a 'data controller', in line with our commitment to protection of private student data.  

 

20. Employment

 

Werkabee is non-accountable, legally, contractually or otherwise, for any formal employment negotiations or employment arrangement which is offered or accepted as a subsequent result of any interaction between users via the Werkabee app or the Werkplacement Service. This includes, but is not limited to, temporary, permanent, casual, freelance or contract (including zero hours) basis employment or any associated discussions/negotiations, remuneration, adherence to any applicable/country-specific national minimum wage laws or requirements, contracts, terms, benefits, entitlements or arrangements.

20.1 Werkabee aims to facilitate mutually beneficial short-term experiences for opportunity seekers and opportunity providers, and at no stage guarantees contractual employment thereafter.

 

In the event that an opportunity seeker is offered or accepts any basis of contractual employment with an opportunity provider, or with any company/individual associated with the provider at the end of the agreed placement period, Werkabee assumes no responsibility and furthermore is not entitled to payment of any additional fees for such an arrangement.

21. Intellectual Property

 

The Werkabee Web site, including but not limited to text and content (the ‘Services’), is protected by copyrights, trademarks, service marks, international treaties or other proprietary rights and applicable laws of the United Kingdom and other countries.

 

21.1 The Services are also protected as a collective work or compilation under UK copyright and other laws and treaties.

 

All individual articles, columns and other elements making up the Services are also copyrighted works. You agree to abide by all applicable copyright and other laws, as well as any additional copyright notices or restrictions contained in the Services.

 

22. Certain Restrictions

 

The rights granted to you in these Terms of Use are subject to the following restrictions-

 

(i) Not to license, sell, rent, lease, transfer, assign, reproduce, distribute, host or otherwise commercially exploit the Werkabee Properties;

 

(ii) Not to use framing techniques to enclose any trademark, logo, or other Werkabee Properties;

 

(iii) Not to use any metatags or other ‘hidden text’ using Werkabee’s name or trademarks;

 

(iv) Not to modify, translate, adapt, merge, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Werkabee Properties except to the extent the foregoing restrictions are expressly prohibited by applicable law;

 

(v) Not to use any manual or automated software, devices, or other processes (including but not limited to spiders, robots, scrapers, crawlers, avatars, data mining tools, or the like) to ‘scrape’ or download data from any web pages contained in the Website;

 

(vi) Except as specifically stated here, no part of the Werkabee Properties may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means.

 

Any unauthorised use of the Werkabee Properties terminates the licenses granted by Werkabee in compliance with these Terms of Use.

 

23. Announcements

 

Neither Werkabee nor our users (‘Parties’ to the Terms of Use) will make any public announcement or disclose any information contained in the Terms, unless before such disclosure, it sends all the Parties a copy of such announcement, and obtains the consent of such Parties to the Terms.

 

However, no Party will be prohibited from making any such public announcement or disclosing such information if it is necessary to do so to comply with any applicable law or regulation.

 

24. Disputes

 

In the event that any dispute arises related to the Terms of Use or any Order, such dispute shall, only if not able to be settled mutually and amicably between relevant parties, be submitted to formal arbitration in London, United Kingdom.

 

Any arbitration under these Terms shall be conducted under the prevailing rules and regulations of the Centre for Effective Dispute Resolution (CEDR).

 

24.1 The arbitrator’s award shall be binding and may be entered as a judgment in any court of competent jurisdiction. To the fullest extent permitted by applicable law, no arbitration with respect to the Terms of Use or any Order shall be joined to an arbitration involving any other party, whether through class arbitration proceedings or otherwise.

 

25. Other

 

​​This Agreement, including all Terms of Use contained within, and Werkabee Services may be modified, revised or discontinued at any time at the sole discretion of the Company.

 

 

 

To request a copy of these Terms of Use, or for any questions, concerns or suggestions, please contact the Company direct at help@werkabee.com.

Werkabee logo
Privacy Policy
Werkabee logo

Last updated 28th February, 2019

 

Background

 

Welcome to the website and online services of Castledare Ltd, operating under the registered trademark name, Werkabee. All functions under Werkabee are referred to as ‘Werkabee’ or the ‘Company’ in this Privacy Policy.

 

The Company is committed to safeguarding the privacy and security of our users and other individuals we work with. We ensure proper protection of all information and data collected and stored on our servers, and take full responsibility to offer dedicated services at all times.

 

We have developed this Privacy Policy to-

​​

(i) Explain how we collect, use and share personal information about our users.

 

(ii) Clarify our data policies related to the product services we offer; and

 

(iii) Explain your options to permit or prevent us from collecting this information.

Our services include, but are not limited to-

(i) werkabee.com (the 'Website').

(ii) The Werkabee mobile application for Android and Apple devices (the ‘Werkabee app’); and

(iii) werkabee.com/werkplacement The ‘Werkplacement’ short-term hiring service (the ‘Werkplacement Service’).

 

And any other Werkabee-owned sites and applications (collectively, the ‘Services’).

 

By creating a Werkabee app user account via a mobile application or device, or by creating an on-line profile via the Werkplacement Service, you, as a ‘User’, 'Opportunity Provider’, or ‘Opportunity Seeker’, accept and agree to the following Privacy Policy for the Werkabee Services, including our Terms of Use.

 

1. Information we collect from you

 

The Company may collect various types of information from you based on the actions you perform while using the Werkabee Services. This includes information collected during sign up via email or social media, profile completion, uploading personal documentation or contacting us directly. Examples of situations in which we collect information from you include-

 

1.1 Actions you perform while using the Services

When you use the Werkabee Services to enter personal information, contact other users, share information via social media accounts or enquire with us directly, we collect information about it. The Company may even collect information about the duration and frequency of the activities you perform whilst using the Services.

 

1.2 Other actions related to you

Werkabee also collects information provided by other users when they share something related to you. This may include links, messages, referrals, ID, or any relevant information relating to you.

1.3 Information about payments

In the event you, as a user perform any payment transaction via the Werkabee Services, we gather information about the transaction. This data includes necessary debit/credit card/billing information requested/required by our payment processors, and account authentication I.D.

 

However, the Company has no right to request and will not collect any sensitive information such as personal identification numbers.

 

1.4 Information about the device you use

Werkabee also collects information about the device you use while using while using our Services or conducting any payment transaction. Information is gathered based on your permissions, and we use this information to analyse the various services we offer.

 

Examples of information about your device which we may collect include-

(i)Version of hardware, device, operating system, file names, software compatibility, signal strength, battery information, device identifiers;

 

(ii) Location of the device you use- GPS, Bluetooth, Wi-Fi signals;

 

(iii) Information related to the connection that you use while operating our Services- ISP, browser type, time zone, IP address; and

 

(iv) Information regarding sites and applications that might use our own Services links.

 

1.5 Third Party Information

The Company also reserves the right to gather information when you visit any third party websites or services offered by them, upon their use our Services. We do not interfere with nor have control over any other company privacy policy, and thus only basic information such as the actions you perform in relation to our Services may be collected, for example liking us on social media platforms or clicking on advertisements we may use on other platforms.

 

We gather information about you and the various activities you perform on our social media platforms or via any third party partner only when we offer joint services with them. We will under no circumstance, however sell any personal information to third parties for any kind of financial gain.

 

2. How we store information we collect from you

 

The Company website is currently hosted on the Wix.com on-line platform, which allows us to promote our products and services. Your personal data may be stored through Wix.com’s data storage, databases and the general Wix.com applications. All data is stored on secure servers behind a firewall. Form submission data is stored securely via 123 Form Builder.

 

All direct payment gateways offered by Wix.com and used by our Company adhere to the standards set by PCI-DSS as managed by the PCI Security Standards Council, a joint effort of brands like Visa, MasterCard, American Express and Discover. PCI-DSS requirements help ensure the secure handling of credit card information by our Company and its service providers.

3. Cookies

We use Cookies, small pieces of data stored on our site visitor's browser via Wix.com in order to collect information about users, track various movements and actions conducted on our website, and allow users to take advantage of relevant Services.

 

This includes the use of both Session (Transient) cookies and Persistent (Permanent or Stored) cookies for purposes such as security, identification of unique visitors, tracking of a site visitor’s sessions, and identification of logged in site subscribers. This helps ensure the best user experience and does not damage the users' hard-drive in any way.

The Company may also use third party external services or other applications offered through the Wix App Market who use cookies and other similar tracking technologies through Wixs' services, and may have their own policies regarding how they collect and store information.

 

4. How we use information we collect from you

Werkabee is dedicated to providing highly personalised and customised experiences for our users, and we use the information you provide us very carefully in order to offer you the most reliable services.

4.1 Development and improvement of our Services

Werkabee make every attempt to constantly analyse and improve our Services by personalising content for our users, making suggestions and providing advice and recommendations in order to offer realistic and highly beneficial user experiences.

 

The Company is committed to continual and meticulous research and survey analysis, ongoing user testing and development of new and innovative features based on the information and feedback you provide.

4.2 Communication

Users will at various stages receive confidential advertising and marketing campaign correspondence, including email, social media and digital media content relating to Werkabee Services changes or improvements. This may also include information relating to special promotional offers.

4.3 Safety and Security

The Company uses information you provide in order to verify activities and subsequently provide a high level of security to all our users. We will carefully and diligently investigate any activities arising through use of the Werkabee Services which are deemed suspicious or are perceived to incur any violation of our Terms of Use, and deal with any such violations accordingly.

 

5. How we share information we collect from you

5.1 Public Information

As a user of our services, you understand that you are in control of your personal data and any information shared by you is at risk of being more widely and publicly exposed. Though we provide professional security and safety for your information, it is not possible for us to guarantee 100% protection.

 

Whilst the Company makes every effort to ensure that any information made visible to the public by other users via avenues such as web or social media is appropriate, Werkabee can assume no responsibility for such information.

5.2 Websites and Partners

The Company may share information to our partners or external sites in order to provide more effective Services or as part of performance results analysis. Partners may include marketers, digital media and server maintenance experts, and we will ensure the information is kept safe at all times and under no circumstance used for financial gain.

 

6. How to delete or manage your personal information

You may withdraw your consent or request any personal or sensitive information stored by the Company to be removed at any stage by contacting  help@werkabee.com  and submitting a formal request. Please note that when requesting information to be deleted, all data will be lost and non-recoverable, and so as a user it’s your responsibility to keep a record of any such deleted information.

 

The Company reserves the right to access or share your information in the case of receipt of a formal legal request. We do so in order to detect, prevent and address fraudulent activities which may occur as a result of use of the Werkabee Services.

 

 

 

To request a copy of this Privacy Policy, or for any questions, concerns or suggestions, please contact the Company direct at help@werkabee.com.

 

© 2019 Werkabee. All rights reserved.