Terms & Conditions
At Digital Profile we are on a mission to improve digital recruitment. At our very core is a desire to do things better. As such, we aim to treat all of our users whether individuals or companies with respect, and to be as honest and transparent as we can. After all, we are also Individuals!
About our Terms and Conditions
- We are DP Online Limited ('we', 'us' or 'our'). Our registered company number is 09879091 and our registered Office is 129 The Innovation Centre, Festival Drive, Ebbw Vale, NP23 8XA
- References in these Terms to the Platform include the website at https://digitalprofile.com/ and all associated web pages.
- You should read these Terms carefully before using the Platform. By accessing or using the Platform or otherwise indicating your consent, you agree to be bound by these Terms and the documents referred to in them. If you do not agree with or accept any of these Terms, you should stop using the Platform immediately.
- If you have any questions about the Platform, please contact us by emailing email@example.com.
The Digital Profile service
- Through the platform, we provide an online platform that connects individuals, businesses and education providers with career opportunities. Our service allows both Individual and Businesses to explore potential opportunities and connect with each other if they are interested. References in these Terms to our 'service(s)' are to the service(s) as described in this section.
- In order for us to provide our service to you, you agree to provide us with sufficient information as may be required from time to time for us to provide our service. In doing so, you are warranting and representing that any information that you provide to us is true, accurate and not misleading in any way, and that it relates to you in your capacity as either a Individual or a Business, as appropriate.
- Please note that no job offers made through the Platform are made by us (i.e. DP Online Limited). We do not provide job offers through the Platform ourselves and we are not involved in the process of recruitment as between Individual and Businesses who connect with each other through the Platform. We are not a party to any agreements that arise as between Individuals and Businesses and we will have no liability in relation to them and no obligation to enforce them.
Use of our service by Businesses:
- By using the Platform, Businesses acknowledge and agree that they are entering into a legally binding contract with DP Online Limited on these Terms and that the Business is liable for any and all fees incurred through their use of the Platform.
- For the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the "Conduct Regulations"), our involvement shall be in the capacity of a 'matching platform', with Businesses being 'hirers' and Individuals being 'work-seekers'. These terms are as defined in the Conduct Regulations and Employment Agencies Act 1973.
Access to the Platform
- You are responsible for making all arrangements necessary for you to have access to the Platform, for example by providing a working internet connection. You are also responsible for ensuring that all persons who access the Platform through your internet connection are aware of these Terms, and that they comply with them.
- We recognise that our visitors may have various operating systems and Internet browsers and we have designed the Platform to be accessible from as many browsers as possible. However, it is impossible to provide web pages that work identically, efficiently, and effectively with all browsers and settings. If you are having trouble accessing the Platform please contact us by emailing firstname.lastname@example.org with details of the browser you are using.
- We do not guarantee that the Platform, or any content on it, will always be available or be uninterrupted. Access to the Platform is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of the Platform without notice. We will not be liable to you if for any reason the Platform is unavailable at any time or for any period.
Using the Platform
- We permit you to use the Platform to take advantage of our services as described in section 2 above. Use of the Platform in any other way, including in contravention of any restriction on use set out in these Terms, is not permitted. If you do not agree with these Terms, you may not use the Platform.
- You agree that you
are solely responsible for:
- all costs and expenses you may incur in relation to your use of the Platform; and
- keeping your password and other account details confidential
- The Platform is intended for use only by those who can access it from within the UK. If you choose to access the Platform from locations outside the UK, you are responsible for compliance with local laws where they are applicable.
- We may prevent or suspend your access to the Platform if you do not comply with any part of these Terms, any terms or policies to which they refer or any applicable law.
Restriction on use
- You must be at least sixteen (16) years old to use the Platform.
- As a condition of
your use of the Platform, you agree:
- not to use the Platform for any purpose that is prohibited by these Terms or unlawful under any applicable law;
- not to use the Platform to commit any act of fraud;
- not to use the Platform to distribute viruses or malware or other similar harmful software code
- not to use the Platform for purposes of promoting unsolicited advertising or sending spam;
- not to use the Platform to simulate communications from us or another service or entity in order to collect identity information, authentication credentials, or other information ('phishing');
- not to use the Platform in any manner that disrupts the operation of our Platform or business or the website or business of any other entity;
- not to use the Platform in any manner that harms minors;
- not to promote any unlawful activity;
- not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
- not to use the Platform to gain unauthorised access to or use of computers, data, systems, accounts or networks;
- not to attempt to circumvent password or user authentication methods;
- to comply with the provisions relating to our intellectual property rights and software set out in these Terms; and
- Recruitment agencies or any other companies, organisation or individuals that act in the capacity of an 'employment agency' (as defined in the Conduct of Employment Agencies and Employment Businesses Regulations 2003, as amended) are not permitted to use the Platform. We reserve the right to terminate any recruitment agent's access to the Platform immediately upon discovery of any use of the Platform by a recruitment agency.
- Anybody may browse the publicly available pages of our Platform but if you wish to use the services on offer through the Platform you must create an account.
- You may create an account in your capacity as either a Individual or a Business by following the instructions on the respective registration pages on the Platform.
- During the registration process we will ask you to provide information which we will use to create your account and your profile on the Platform. We reserve the right to review such information, as well as any other information about you that is publicly available. By submitting information to the Platform as part of the registration process you are warranting and representing that such information is true, accurate and not misleading in any way, and that it relates to you in your capacity as either a Individual or a Business.
- We reserve the right, in our sole discretion, to delete your account. If we remove your account we will not be obliged to give reasons for doing so.
- If we accept your registration we will allow you to choose, or provide you with, a username, a password and such other information as may be required for you to use the Platform securely ('Login Information'). Creation of usernames shall be subject to section 7 below. The Login Information forms part of our security procedures. You must treat your Login Information as confidential and must not disclose it to any third party. If you know or suspect that anyone other than you knows your Login Information you must promptly notify us by emailing email@example.com.
- We reserve the right at all times (but will not have an obligation) to remove, prevent access to, disable, suspend or terminate accounts if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
- You are responsible for all activities that occur under your account.
- During the
registration process we will allow you to choose, or provide you with, a
username which will be linked to your account. You may choose any username
- it is not, in our opinion, offensive, indecent, defamatory or otherwise inappropriate; and
- it does not falsely represent you or your identity and or is not otherwise misleading; and
- it is not on our list of reserved usernames (for which see below).
- We maintain a list of reserved usernames which includes well known brand names that may be protected by trademarks or other intellectual property rights. We will only allow you to use one of these usernames or a materially similar username if you can satisfy us that you have the right to do use that username, for example by proving that you are the registered proprietor of the relevant trade mark. Subject to applicable laws, our decision as to the allocation or use of a reserved username shall be final.
- We reserve the right at all times (but will not have an obligation) to reclaim usernames (including reserved usernames) without liability to you, whether on our own behalf or on behalf of any third party which has a legitimate claim or objection to a username including, without limitation, any legal claim or trade mark right on or over a username.
- Accounts using business names, trade marks, brands, logos or any other name or mark to mislead others may be permanently suspended from the Platform and users in control of such accounts may be permanently blocked from using the Platform and our services.
- During the registration process we will allow you to choose, or provide you with, a username which will be linked to your account. You may choose any username provided that:
Submitting Information to the Platform
- Any material that
you upload to the Platform, including but not limited to any text, images,
video, audio or other multimedia content, software or other information or
materials (together 'Content'), must comply with these Terms. By uploading
Content, you warrant and represent that such Content:
- complies with these Terms; and
- is true, accurate and not misleading in any way; and
- relates to you in your capacity as either a Individual or a Business; and
- does not infringe the intellectual property rights, rights to privacy or any other rights of us or of any third party,
- and you will be liable to us and indemnify us for any breach of this warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of this warranty.
- You acknowledge that the transmission of information over the internet is inherently insecure, and we cannot guarantee the security of data sent over the internet. However, we will always try to protect our users and employ industry standard techniques to safeguard against unauthorised access of data, including personal information.
- Any content you add to the Platform will be considered non-confidential and nonproprietary. You retain all of your ownership rights in your Content, but by uploading such Content to the Platform you agree to grant us a non-exclusive, irrevocable, perpetual, worldwide, royalty-free licence to use, adapt, prepare derivative works of, store and copy that content and to distribute and make it available to other users for the purposes of providing services in accordance with these Terms.
- We will not be responsible, or liable to any third party, for the content or accuracy of any Content posted by you or any other user of our Platform. We do not allow any Content posted to the Platform which is, in our opinion, unlawful, offensive, indecent, defamatory, immoral, objectionable or otherwise inappropriate, or if we consider that it otherwise contravenes these Terms in any way, and we reserve the right to remove this content at any time.
- The views expressed by other users on our site do not represent our views or values.
- Any material that you upload to the Platform, including but not limited to any text, images, video, audio or other multimedia content, software or other information or materials (together 'Content'), must comply with these Terms. By uploading Content, you warrant and represent that such Content:
Intellectual property rights in the Platform
- This Platform and all intellectual property rights in it, including but not limited to any Digital Profile text, images, video, audio or other multimedia content, software or other information or material submitted to the Platform by us or on our behalf (together 'Digital Profile IPR'), are owned by us, our licensors or both (as applicable). Intellectual property rights includes (but is not limited to): copyright, trademarks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind whether or not they are registered or unregistered (anywhere in the world). We (and our licensors) reserve all of our rights in any Digital Profile IPR in connection with these terms and conditions. This means, for example, that we (and they) remain owners of them and remain free to use them as we (and they) see fit.
- Nothing in these terms and conditions grants you any legal rights in the Platform or in the Digital Profile IPR other than as necessary to enable you to access the Platform. You agree not to adjust to try to circumvent or delete any notices contained on the Platform (including any intellectual property notices) and in particular in any digital rights or other security technology embedded or contained within the Platform.
- The use of any trademarks that appear on the Platform is strictly prohibited unless you have prior written permission from us or from the registered proprietor of the trade mark (as the case may be).
Accuracy of information and availability of the Platform
- We will take reasonable technical and organisational precautions to try and ensure the Platform is accurate, up-to-date and free from bugs. Any information that we make available on the Platform is provided for your general information purposes only and to inform you about us and our products and news, features, services and other websites that may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
- The Platform will contain information that has been supplied by Individuals, Education Providers and Businesses. Whilst we encourage high quality of information provided we make no representations, warranties or guarantees, whether express or implied, that such information supplied by Individuals or Businesses (as the case may be) is completely accurate, complete or up-to-date. We do not verify any aspect of such information and shall have no obligation to do so. Further, we shall have no liability to any party in respect of any such information. Any reliance that you may place on the information on this Platform that is supplied by either a Individual or a Business is at your own risk. If you feel any information supplied on the Platform is inaccurate please contact us.
- We may suspend or terminate operation of the Platform at any time as we see fit.
- While we try to make sure that the Platform is available for your use, we do not promise that the Platform is available at all times nor do we promise the uninterrupted use by you of the Platform.
- Users agree to pay Digital Profile fees for services purchased or used.
- Each job post will be available for 30 days. Should the job post receive no applicants within this 30 days, the post will automatically be renewed for a further 30 days. This service is free.
- Discounts will be given for what Digital Profile deems an Exclusive Job Post. An 'Exclusive Job Post' is a vacancy which appears only on Digital Profile.
- Digital Profile has the right to remove any discount to a job post which we later deem not to be an exclusive.
- One off job posts require up front payment. Businesses who make payments on the Platform understand that all payment activities are undertaken and operated by Stripe (https://stripe.com) and are subject to Stripe's Terms and Conditions which are available at https://stripe.com/gb/terms. All payments are taken in Great British Pounds.
- All Digital Profile financial transactions, the storing of financial data and the transfer of funds is managed and handled entirely by Stripe and are not the responsibility of Digital Profile.
- Digital Profile has the right to remove any job posted. First time job posts will need to be approved by Digital Profile before appearing on the platform.
- Digital Profile may change its prices at any time but will provide you reasonable notice of any such changes by posting the new prices on the Platform and by sending you email notification. If you do not wish to pay the new prices, you may cancel the services prior to the change going into effect.
Linking, framing, hyperlinks and third party sites
- You may create a link to our Platform from another website without our prior written consent, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
- You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
- We reserve the right to withdraw linking permission without notice and to require you to immediately remove any link to the Site at any time, and you shall immediately comply with any request by us to remove any such link.
- The Platform may contain hyperlinks or references to third party websites other than the Platform. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no legal responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not mean that we endorse that third party's website, products or services. Your use of a third party site may be governed by the terms and conditions of that third party site.
- Whilst our users safety is priority we can not guarantee that the Site will be completely secure or free from bugs.
- You are responsible for configuring your information technology, computer programmes and platform in order to access the Platform. You should use your own virus protection software.
- You must not misuse the Platform by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Platform will cease immediately.
Limitation of our liability
- To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Platform or any content on it, whether express or implied.
- We will not be
liable to any user for any loss or damage, whether in contract, tort
(including negligence), breach of statutory duty, or otherwise, even if
foreseeable, arising under or in connection with:
- use of, or inability to use, the Platform; or
- loss of and/or misuse of data or information submitted to the Platform;
- use of or reliance on any content displayed on the Platform.
- We will not be
- any loss of profits, sales, business, or revenue or for any business interruption; or
- any loss of anticipated savings, business opportunity, goodwill or reputation, or any indirect or consequential loss or damage.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Platform or to your downloading of any content on it, or on any website linked to it.
- We assume no responsibility for the content of websites linked on our Platform. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
Events beyond our control
- We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.
Rights of third parties
- No one other than a party to these Terms has any right to enforce any of these Terms.
- We may revise these Terms at any time by amending this page. By continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms and conditions from time to time to verify such variations, as they are binding on you.
- We may update the Platform from time to time, and may change the content at any time. However, please note that any of the content on the Platform may be out of date at any given time, and we are under no obligation to update it. We do not guarantee that the Platform, or any content on it, will be free from errors or omissions.
- We shall apply these Terms in our absolute discretion. In the event of your breach of these Terms we may terminate or suspend your use of the Platform, remove or edit any Content submitted by you, disclose such Content to law enforcement authorities or take any action we consider necessary to remedy the breach.
- Headings are used for reference only and in no way define, limit, construe or describe the extent or scope of any section of these Terms.
- If any provision of these Terms is held to be invalid, unlawful or unenforceable to any extent, such provision shall, to that extent only, be severed from these Terms, which shall continue to be valid to the fullest extent permitted by law.
- Any failure by us to enforce any provision of these Terms shall not constitute a waiver of that or any other provision and will not relieve you from the obligation to comply with these Terms or any provision of them.
- These Terms, their subject matter and its formation (and any non-contractual disputes or claims) are governed by the law of England and Wales and any disputes arising under or in connection with these Terms shall be subject to the exclusive jurisdiction of the courts of England and Wales.