Paved – terms of use2019-03-06T13:10:57+01:00

Terms and conditions of use

Introduction

These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and MYPAVED LTD, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.

In these terms and conditions, User or Users means any third party that accesses the Website and is not either (i) employed by MYPAVED LTD and acting in the course of their employment or (ii) engaged as a consultant or otherwise providing services to MYPAVED LTD and accessing the Website in connection with the provision of such services.

You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.

Intellectual property and acceptable use

All Content included on the Website, unless uploaded by Users, is the property of MYPAVED LTD, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner’s prior written permission.

You may, for your own personal, non-commercial use only, do the following:

  • download and store the Content in electronic form on a disk (but not on any server or other storage device connected to a network);
  • retrieve, display and view the Content on a computer screen;
  • print one copy of the Content.

You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written persmission of MYPAVED LTD.

Prohibited use

You may not use the Website for any of the following purposes:

  • in any way which causes, or may cause, damage to the Website or interferes with any other person’s use or enjoyment of the Website;
  • in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
  • making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.

Registration

You must ensure that the details provided by you on registration or at any time are correct and complete.

You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.

We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these terms and conditions.

You may cancel your registration at any time by informing us in writing to the address at the end of these terms and conditions. If you do so, you must immediately stop using the Website. Cancellation or suspension of your registration does not affect any statutory rights.

Privacy Policy

Use of the Website is also governed by our Privacy Policy, which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the following link: https://mypaved.com/paved-privacy-policy/

Availability of the Website and disclaimers

Any online facilities, tools, services or information that MYPAVED LTD makes available through the Website (the Service) is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and/or faults. To the maximum extent permitted by the law, we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality. MYPAVED LTD is under no obligation to update information on the Website.

Whilst MYPAVED LTD uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, we give no warranty or guaranty in that regard and all Users take responsibility for their own security, that of their personal details and their computers.

MYPAVED LTD accepts no liability for any disruption or non-availability of the Website.

MYPAVED LTD reserves the right to alter, suspend or discontinue any part (or the whole of) the Website including, but not limited to, any products and/or services available. These terms and conditions shall continue to apply to any modified version of the Website unless it is expressly stated otherwise.

Limitation of liability

Nothing in these terms and conditions will: (a) limit or exclude our or your liability for death or personal injury resulting from our or your negligence, as applicable; (b) limit or exclude our or your liability for fraud or fraudulent misrepresentation; or (c) limit or exclude any of our or your liabilities in any way that is not permitted under applicable law.

We will not be liable to you in respect of any losses arising out of events beyond our reasonable control.

To the maximum extent permitted by law, MYPAVED LTD accepts no liability for any of the following:

  • loss or corruption of any data, database or software;
  • any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;
  • any special, indirect or consequential loss or damage.

General

You may not transfer any of your rights under these terms and conditions to any other person. We may transfer our rights under these terms and conditions where we reasonably believe your rights will not be affected.

These terms and conditions may be varied by us from time to time. Such revised terms will apply to the Website from the date of publication. Users should check the terms and conditions regularly to ensure familiarity with the then current version.

These terms and conditions together with the Privacy Policy contain the whole agreement between the parties relating to its subject matter and supersede all prior discussions, arrangements or agreements that might have taken place in relation to the terms and conditions.

The Contracts (Rights of Third Parties) Act 1999 shall not apply to these terms and conditions and no third party will have any right to enforce or rely on any provision of these terms and conditions.

If any court or competent authority finds that any provision of these terms and conditions (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these terms and conditions will not be affected.

Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.

This Agreement shall be governed by and interpreted according to the law of England and Wales and all disputes arising under the Agreement (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English and Welsh courts.

Our details

MYPAVED LTD is a company incorporated in England and Wales with registered number 11210417 whose registered address is Kemp House, 160 City Road, Greater London, EC1V 2NX and it operates the Website www.mypaved.com.

You can contact MYPAVED LTD by email on hi@mypaved.com.

Employer Terms

1. Definitions

1.1 In these Terms, the following definitions shall apply:

Account means the online account/registration form the Customer has set up on the Website to receive our Website Services;

Appointment means the employment by the Customer of a Candidate to provide his/her services;

Candidate means any individual who registers on the Website to apply for a Position;

Contract any contract between MYPAVED LTD and the Customer incorporating these Terms and the Registration Form;

Data means all personal data processed by either party or provided to either party for processing by the other party or which may be made (directly or indirectly) available to either party as part of or relating to the Contract;

Data Protection Laws means the General Data Protection Regulation (GDPR) and the Data Protection Act 2018 together with any other laws applicable to the protection of personal data in force from time to time in England and Wales.

Customer or Employer means you, having registered on the Website to recruit Candidates for a Position.

Fees means the Success Fee as set out in clause 5;

Liability means actions, awards, costs, claims, damages, losses (including without limitation any direct or indirect consequential losses), demands, expenses, loss of profits, loss of reputation, judgments, penalties and proceedings and any other losses and/or liabilities;

Permanent Resource means any Candidate employed by the Customer on a permanent or fixed term basis;

Position means an employment opportunity made available by the Customer to provide Permanent Resource Services;

Registration Form means the form to be completed by the Customer on the Website in order to set up an Account;

Success Fee means the payment due to MYPAVED LTD once the Customer has made a hire through the Website Services as set out in Clause 5.

Website means our website at www.mypaved.com and platform (beta version) at https://paved.cloud/ or such other website through which the Website Services are provided from time to time.

Website Services means the ability to be matched through our platform (beta version) at https://paved.cloud/ with qualified and actively looking Candidates and any associated functionality as may be extended or varied from time to time.

2. Basic of contract

2.1 All supply of Permanent Resource by Kemp House, 160 City Road, Greater London, EC1V 2NX (us, we or MYPAVED LTD) through our Website Services will be governed by these Terms.

2.2 No variation to these Terms shall be binding on MYPAVED LTD unless agreed in writing signed by MYPAVED LTD.

3. Registration and your account

3.1 By registering for an Account on the Website, you agree to provide accurate, truthful, complete and current information, and to comply with these Terms. You should therefore read this Contract carefully before you proceed to use the Website Services, as the Contract explains each party’s legal rights, important information about the Contract and how the process works. You also warrant and undertake that you have the necessary authority to enter this Contract on behalf of your organisation.

3.2 When registering you agree to comply promptly with all reasonable requests we make for information about your organisation.

3.3 After we receive your registration details, we may contact you to discuss your requirements and to complete your online profile. If we accept your application to create an Account you will be notified that your Account has been activated.

3.4 We may reject your application at our sole discretion and this is something you must agree to.

3.5 You must not use or permit anyone else to use your Account

3.6 You must protect your Account sign-in credentials at all times and you must treat such information as confidential.

3.7 If you know or suspect that anyone other than you knows your MYPAVED LTD identification code or password, you must promptly notify us at hi@mypaved.com. You will be responsible and liable for all activity carried out under your Account regardless of whether this is carried out by you or any third party until such time as we have acknowledged receipt of your notice.

3.8 You must not apply for multiple Accounts.

3.9 You must avoid any fraudulent use of your Account and not at any case connect it with criminal offence, or in breach of any applicable law or statutory duty.

4. How the process works

4.1 The aim of the Website Services is to connect you with Candidates through a transparent and non-binding matching and interview request process.

4.2 You will provide information about vacant Positions using our Website Services, describing your hiring preferences and candidate requirements and locations to facilitate the identification of suitable Candidates for the Position.

4.3 You warrant and undertake that the information you provide in relation to a Position is true and accurate and that you will update the information if it changes or becomes misleading. You consent to us making the information you provide about Positions available to Candidates through the Website.

We are not liable to make any control on the information provided except from the typical registration process.

4.4 We will match the information you submit against Candidates and provide you with regular email updates of suitable matches. You will be able to view the profiles of suitable Candidates and may make contact with and/or submit non-binding interview requests or other offers to potential Candidates.

4.5 Candidates may accept or decline an interview request or other offer or communication from you. You accept that a Candidate is responsible for deciding whether to accept an interview request or any other offer or communication and we have no control over the Candidate’s decision and we shall have no responsibility or liability for the Candidate’s actions.

4.6 If a Candidate accepts an interview request or other offer, you may then initiate communication with the Candidate to arrange an interview or take other appropriate steps to employ or hire the Candidate.

4.7 We do not warrant that the information we hold on a Candidate is complete, true or accurate. You remain responsible for confirming the Candidate’s identity, conducting all background screening, referencing and right to work checks before making any offers to the Candidate.

4.8 You agree and undertake that in the event you engage the services of a Candidate for a Position by any other means rather our Website Services then you will promptly notify us and provide the key employment terms, including start date and all remuneration arrangements and that you will promptly respond to our reasonable requests for additional information in this regard.

5. Fees and Invoicing

Fees

5.1 An Appointment takes place once the Customer offers employment to a Candidate as a result of an introduction made through the use of our Website Services and the Candidate accepts such offer of Appointment.

5.2 If a Contract takes places in accordance with clause 5.1 then you agree to pay a Success Fee in accordance with the following provisions:

5.3 You will be charged a Success Fee of 12.5% plus VAT of their gross annual base salary set out in the Candidate’s employment contract.

5.4 If the Appointment of the Candidate ceases or is terminated for any reason within 90 days of the start date of his/her employment with you then you may use the Website Services for a period of 90 days to engage the services of another Candidate for the same Position without additional charge, subject to (i) you having notified us in writing of the termination within 14 days of the termination; and (ii) you having paid the Success Fee. You agree that this shall be your sole remedy against us and that a Success Fee which has become due under clause 5.3 shall be non-refundable for any reason.

Invoicing

5.5 MYPAVED LTD shall be entitled to charge and invoice for the Fees following an Appointment. MYPAVED LTD shall invoice you for any Fees which are due and such invoices must be paid within [14] days of date of invoice either by credit card or to a bank account nominated by MYPAVED LTD.

5.6 If you fail to make any payment due under this Contract within 14 days of the date of the invoice, then we reserve the right to suspend your account and charge you interest on the overdue amount at the rate of 3% per annum above the Bank of England base rate from time to time. Such interest shall accrue on a daily basis from the due date until actual payment of the overdue amount, whether before or after judgment. You shall pay the interest together with the overdue amount.

5.7 The Fees and any additional charges payable under this Contract shall be due without set off or deduction and are exclusive of any applicable VAT or similar sales or indirect tax chargeable from time to time.

6. Data Protection and Confidentiality

6.1 All information relating to Candidates/Employers is confidential and subject to the Data Protection Laws and is solely for the purposes of filing an Assignment or Vacancy for an Employer.  The information must not be used for any other purpose nor divulged to any third party and the Employer and MYPAVED LTD undertake to abide by the provisions of the Data Protections Laws in receiving and processing the data at all times.

6.2 All parties implement and at all times maintain an information security management system that: operates and has robust backup and disaster recovery procedures in place; is able to comply with any rights of data subjects exercised under Data Protection Laws; and includes all appropriate technical and organisational measures necessary or desirable to ensure a level of security appropriate to the risk against unauthorised or unlawful processing, accidental loss or destruction of or damage to personal data, protect the rights of the data subject and enable the personal data to be processed in compliance with obligations equivalent to those imposed on the Transferor under the Data Protection Laws and ensure that all personal data processed by it is subjected to the controls of the information security management system implemented and maintained in accordance with this clause;

6.3 All parties  will immediately notify the other party of any contact with or investigation or audit of it in relation to data processing and/or personal data by any regulatory authority prior to providing any information, unless it is prevented from doing so by law or court of competent jurisdiction;

6.4 Neither party shall use and/or disclose any confidential information which is acquired by it about the other party’s business and/or given by one party to the other party and/or generated by either party from the other party’s confidential information except in the proper performance of this Contract.

7. Limitation of liability

7.1 IN NO CIRCUMSTANCES SHALL WE, OR ANY PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE MARKETPLACE SERVICES BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY LOSS OR DAMAGES WHICH ARE INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL, INCLUDING, WITHOUT LIMITATION, DAMAGES FOR ANY LOST PROFITS, LOST SAVINGS, LOSS OF DATA, COSTS, FEES OR EXPENSES OF ANY KIND OR NATURE WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE) BREACH OF CONTRACT OR OTHERWISE THAT MAY ARISE OUT OF OR RELATE TO THE USE OF THE MARKETPLACE SERVICES, EVEN IF FORESEEABLE.

7.2 MYPAVED LTD’s total Liability to you for acts and/or omissions by MYPAVED LTD or any of its personnel in any relevant 12 calendar month period shall be limited to the amount of the Success Fee(s) received by you for the related placement in the same relevant 12 month calendar period.

7.3 This does not affect our liability for death or personal injury arising from negligence, nor any liability for fraudulent misrepresentations, nor any other liability which cannot be excluded or limited under applicable law. The Employer and the Recruiter agree to indemnify Us from all claims, costs and expenses (including legal expenses) resulting from their breach of these Terms

8. Termination

8.1 You may suspend and/or terminate your Account with MYPAVED LTD at any time by notifying us through our Website or by email at hi@mypaved.com. On suspension of your Account you will be automatically withdrawn from any ongoing recruitment process and the Contract shall be deemed terminated.

8.2 MYPAVED LTD may terminate and/or suspend your Account at any time and at our discretion without payment of compensation or other damages caused to you on giving you written notice to the email address that you provided when registering with us.

8.3 Upon the expiry or termination of the Contract, the provision of clauses 5, 6 and 7 shall survive any termination of this Contract.

9. General

9.1 This Contract (including the policies and documents referred to in it) represents the entire complete and exclusive agreement and understanding between the parties relating to its subject matter. You acknowledge that you have not relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Contract.

9.2 If any provision of this Contract is found by a court or other competent authority to be void or unenforceable that provision shall be deemed to be deleted from this Contract and the remaining provisions of this Contract shall continue in full force and effect.

9.3 We may at any time assign, transfer, charge or deal in any other matter with this Contract and our rights under it or subcontract any of our obligations under it. You may not assign, transfer, sub-contract, charge or deal in any other manner with this Contract or your rights and obligations under it.

9.4 A person who is not a party to this Contract shall have no rights under it as a third party beneficiary.

9.5 We reserve the right to change our terms and conditions from time to time. We shall notify you of any changes to these terms by posting them on the Website.

9.6 These Terms and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with them or their subject matter or formation shall be governed by and construed in accordance with the laws of England and Wales.

Candidate Terms

1. Introduction

These Terms constitute an agreement between MYPAVED LTD (us, we or MYPAVED LTD) and you, the Candidate who has created an account on the Website at http://www.mypaved.com.

The Website is owned and operated by MYPAVED LTD a company incorporated in England and Wales with registered number 11210417 whose registered address is Kemp House, 160 City Road, Greater London, EC1V 2NX.

By completing the registration process and proceeding to create an account with us, you declare that you have read, understood and agree to be bound by these Terms.

MYPAVED LTD operates as an online recruitment marketplace. For the avoidance of doubt MYPAVED LTD is not acting as an employment agency as defined in the Employment Agencies Act 1973. MYPAVED LTD provides an online platform for Employers and Candidates to meet and is not involved in the actual transaction between Employers and Candidates.

For the purposes of these terms and conditions, a reference to ‘writing’ or ‘written’ includes electronic communications or information provided through the Website or in a Profile on the Website.

2. Definitions and Interpretation

Candidate means you and (where the context requires) any individual who registers on the Website to apply for fixed term or permanent contracts  or Introduced, directly or indirectly, to the Employer through the Marketplace Services, to be considered for a Vacancy.

Employer means an organisation that has registered on the Website to recruit Candidates for Positions.

Position means an employment opportunity made available by an Employer for Candidates.

Website Services means the services provided by the Website of MYPAVED LTD , including the platform for the introduction of Customers and Candidates and associated functionalities as may be extended or varied from time to time.

3. Registration and your account

3.1 By registering on the Website and creating an account, you agree to provide accurate, truthful, complete and current information, and to comply with the Website Terms of Use and Privacy Policy.

3.2 When registering with MYPAVED we ask you to create a profile, which may include your name, email address, education, professional experience, skills, and may require you to upload your resumé to the Website. You consent to us making the information included in your profile available to Employers on the Website.

3.3 You consent to our checking the information you provide from publicly available sources, including your social media accounts. You also agree to comply promptly with all reasonable requests we make for information about your identity or Profile.

3.4 You consent to follow our validation process towards your application’s acceptance. If we accept your application you will receive an email confirming your account has been activated. In case we find out any misthroughful information, we will not accept your application.

3.5 You must protect your account sign in credentials at all times and not share them with anyone else. You must not use or permit anyone else to use your Account fraudulently, in connection with a criminal offence, or in breach of any applicable law or statutory duty. If you lose control of your account, you must notify us immediately.

3.6 You must use only one account when registering. Avoid using multiple accounts as they will be deleted.

4. The process

4.1 The purpose of the Website is to connect Employers with Candidates through a transparent and non-binding matching and interview request process.

4.2 Employers wishing to engage a Candidate will provide us with information describing the Position and Candidate requirements.

4.3 We do not undertake background checks on Employers or have any responsibility or liability for the content of any communication or information provided to you about a Position.

4.4 MYPAVED LTD platform will match the information provided by Employers against Candidate Profiles. Employers will be able to view the profiles of suitable Candidates which match their Positions.

4.5 Employers may contact with or submit non-binding interview requests or other offers through the Website to potential Candidates and he is responsible for deciding whether to make contact, send an interview request or make an offer and we have no control over this decision.

4.6 You may accept or decline an interview request or other offer. If you accept an interview request or offer, you and the Employer may then initiate communication to arrange an interview and take other appropriate steps to complete a possible recruitment. You accept that the Employer remains responsible for all decisions in relation to filling the Position.

4.7 If you receive an offer of employment through the Website, then you and the Employer are responsible for agreeing and entering an employment contract and we will not be a party to that agreement. You accept that all matters relating to the employment relationship are to be resolved between you and the Employer.

4.8 By registering to our Website and Website services, you acknowledge that you have not relied on any representation, arrangement, understanding or agreement (whether written or oral) not expressly set out or referred to in this Agreement.

4.9 You agree that in case you receive an offer of employment by a registered Employer by any other means except for our Website Services, then you will immediately notify us all the key employment terms, including start date and all remuneration arrangements and you will respond to our further enquiries in this regard.

5. Success fees and loyalty voucher

5.1 Website services are currently provided to you for free

5.2 We charge Employers a success fee if a position is filled through the use of our Website Services.

6. Confidentiality

6.1 All the information provided through the Website must be treated as confidential. You will only use such information for the purposes of the engagement process relating to the particular Position for which the information was provided.

7. Exclusion of Liability

7.1 We shall provide you with access to the Website and the Website Services as well as we will provide all the necessary actions for its proper operation.

7.2 We do not warrant that a Candidate will find a job nor that an Employer is suitable for a Candidate.

7.3 We do not warrant this information has been confirmed or verified and we are not responsible for ensuring the accuracy or truthfulness of registered users beyond our typical registration and validation process.

7.4 We will not be liable in contract, for any (i) loss of profits, anticipated savings, business opportunity, goodwill or loss of or damage to (including corruption) data (whether direct or indirect) or any indirect or consequential losses; (ii) loss of data; (iii) any loss arising from your failure to provide accurate and complete information when required to do so.

7.5 Our total liability to you is limited to the amount of the success fee we have been paid by an Employer in respect of the Position to which your claim relates.

7.6 Nothing in this Agreement shall limit or exclude our liability for fraud, fraudulent misrepresentation, for death or personal injury resulting from our negligence or the negligence of our employees or for any other liability that cannot be limited or excluded by law.

7.7 A person who is not a party to this Agreement shall have no rights under it as a third party beneficiary.

8. Termination

8.1 You may terminate your Account at any time by deleting your profile on the website or by written communication with us at hi@mypaved.com

8.2 Your account will be terminated or suspended in the event that you are in breach of any of the terms of this Agreement.

8.3 We reserve the right to withdraw or amend the service that we provide via the Website without notice.

8.4 On termination of your account you will be automatically withdrawn from any ongoing recruitment process and your Profile will no longer be accessible to other registered users.

9. General

9.1 Your agreement to this terms represents the full complete and exclusive agreement and understanding between the parties for the use of our Website and Website Services.

9.2 If any provision of this Agreement is found by a court or other competent authority to be void or unenforceable it will be deleted from this Agreement. All the remaining provisions shall continue in full force and effect.

9.4 Nothing in this Agreement is to be construed as establishing or implying any partnership or joint venture between the parties nor as appointing any party to be an agent or employee of the other and neither party shall hold itself out as such.

9.5 For any change to our terms and conditions, we will notify you of any changes to these terms by posting them on the Website and sending you an email notification.

9.6 This Agreement is governed by and shall be construed in accordance with the laws of England and Wales and the parties submit to the jurisdiction of the courts of England and Wales.