1.1.This webpage (together with the webpages and documents referred to in it) sets out the terms and conditions ("Terms") on which you may use:
1.1.1.our website www.workfinder.com("Website"), whether as a guest or a registered user; and
1.1.2.our Workfinder application that can be used on mobile devices ("Workfinder"), our Workfinder website at www.workfinder.com, and the associated services which are designed to help young people and local businesses arrange work experience placements (“Workfinder"), (together, the "Services").
1.2.These Terms refer to the following additional terms, which also apply to your use of the Services:
PLEASE READ ALL OF THESE TERMS CAREFULLY BEFORE USING THE SERVICES. We may amend these Terms from time to time. Every time you wish to use the Services, please check these Terms to ensure you understand the terms that apply at that time.
2. INFORMATION ABOUT US
2.1.The Services are operated by Workfinder Ltd, the registered company number is 12072557. In these Terms, "Workfinder", "we", "us" and "our" means Workfinder.
2.2.If you have any comments, questions, or complaints about the Website, you can write to us at Workfinder, 27 Old Gloucester St, Holborn, London, WC1N or contact us at firstname.lastname@example.org.
3. ACCESS AND CONTENT
3.1.We make available to you the Services on an 'as is' basis.
3.2.We do not guarantee that the Services, nor any of the content made available through the Services, will be available or be uninterrupted. Access to the Services may be suspended, restricted or terminated at any time. We will try to give you reasonable notice of any suspension, restriction or termination.
3.3.We can change, modify, substitute or remove any information made available through the Services at any time to reflect changes to our users' needs and our business requirements. We will try to give you reasonable notice of any material changes.
3.4.You are also responsible for ensuring that all persons who access the Services through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
3.5.Although we make reasonable efforts to update the information made available as part of the Services, we make no representations, warranties or guarantees, whether express or implied, that the content on the Services is accurate, complete or up to date.
3.6.By providing your email address, you agree to receive one or more of our newsletters via email, although you can unsubscribe at any time by clicking the 'Unsubscribe' link in one of our emails. If you unsubscribe, you will no longer get access to newsletters via this method unless you re-subscribe.
4.1.You may be asked to set-up a password and username in order to use the Services, to engage with the activities promoted by Workfinder via our Website, or as part of your registration for the Workfinder App.
4.2.You are solely responsible for maintaining the confidentiality of your password and username and must not disclose it to any third party. You are responsible for all activities that are carried out under your password and username. We do not have the means to check the identities of people using the Services and will not be responsible for losses suffered by you where your password and/or username is used by someone else unless this is due to our negligence.
4.3.You agree to let us know immediately by email if you become aware of or suspect any unauthorised use of your password or user name, please contact email@example.com.
4.4.We will use the email address provided by you to contact you.
5. YOUR CONDUCT AND STANDARDS OF USE
5.1.You agree that you will not use the Services:
5.1.1.in any way that breaches any applicable laws or regulations;
5.1.2.in any way that is unlawful or for a fraudulent purpose;
5.1.3.for the purpose of harming or attempting to harm any individuals in any way;
5.1.4.to send, knowingly receive, upload, download, use or re-use any material which does not comply with standards set out in section 8 (User generated content, your content and content standards);
5.1.5.in any way that interrupts, damages, impairs or renders the Website or Workfinder less efficient;
5.1.6.to post any content that belongs to someone else; and/or
5.1.7.to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
5.2.You also agree not to access without authority, interfere with, damage or disrupt:
5.2.1.any part of the Services;
5.2.2.any equipment or network on which the Services is stored;
5.2.3.any software used in the provision of the Services; or
5.2.4.any equipment or network or software owned or used by any third party.
5.3.If we believe that you are using the Services to do any of the above, or otherwise misusing the Services, we can suspend, restrict or terminate your access to the Services (in whole or part) at any time without notifying you. This will not limit our right to take any other action against you that we consider appropriate to defend our rights or those of anyone else.
6. OUR INTELLECTUAL PROPERTY AND HOW YOU CAN USE OUR MATERIALS
6.1.We are the owner or the licensee of all intellectual property rights in the Services and, save to the extent provided otherwise in section 8 (User generated content, your content and content standards), in the material published. Those works are protected by intellectual property laws and treaties around the world. All such rights are reserved.
6.2.Workfinder is a UK registered trade mark. You are not permitted to use them without our approval, unless they are part of material you are using as permitted under this section 6.
6.3.You may print off one copy, and may download extracts, of any page(s) from the Website and Workfinder for your personal use.
6.4.You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
6.5.Our status (and that of any identified contributors) as the authors of content made available through the Services must always be acknowledged.
6.6.You must not use any part of the content made available through the Services for commercial purposes without obtaining a licence to do so from us.
6.7.If you print off, copy or download any part of the Website or Workfinder in breach of these Terms, your right to use the Services will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
7. THIRD PARTY WEBSITES AND LINKS
8. USER GENERATED CONTENT, YOUR CONTENT AND CONTENT STANDARDS
8.1.The Services may include information and materials uploaded by other users of the Services. This information and these materials have not been verified or approved by us. The views expressed by other users on the Services do not represent our views or values. If you wish to complain about information and materials uploaded by other users please contact us by emailing us at firstname.lastname@example.org.
8.2.For all material (including data, photographs, images, sound and text) that you send to us or otherwise contribute to the Website or Workfinder, including providing feedback on the Work Experience or to make contact with other users of Workfinder ("User Content"), you represent and warrant that:
8.2.1.you are entitled to grant the licence granted to us under section 8.5.1 below;
8.2.2.the User Content does not, and our use of it (including as contemplated by the licence under section 8.5.1) will not, infringe any third party's intellectual property rights (including trade marks, copyright, moral rights, database rights, design rights, confidentiality rights and all other rights having equivalent or similar effect), other proprietary rights, personality rights or rights of privacy;
8.2.3.the User Content does not, and our use of it (including as contemplated by the licence under section 8.5.1) will not, violate any law regarding unfair competition, antidiscrimination or false advertising;
8.2.4.all information that you disclose to us:
220.127.116.11.is accurate (where it states facts);
18.104.22.168.is genuinely believed (where it states opinions);
22.214.171.124.is complete; and
126.96.36.199.complies with applicable law in the UK and in any country from which it is posted;
8.2.5.any User Content you upload complies with the standards set out in section 8.6) (Content standards) below, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
8.3.We have the right to:
8.3.1.remove any User Content if, in our opinion, that User Content does not comply with these Terms or for any other reason; and
8.3.2.disclose your identity to any third party who claims that any User Content on our service violates a third party's intellectual property rights, or of their right to privacy, or is otherwise unlawful.
8.4.You are solely responsible for securing and backing up your User Content.
8.5.Licence for User Content
8.5.1.You grant us a non-exclusive, perpetual, irrevocable, sub-licensable licence to use the User Content. You retain all of your ownership rights in your User Content, but you are required to grant us and other users of the Services a limited licence to use, store and copy that content and to distribute and make it available to third parties (including but not limited to for us to publish feedback on Work Experience with other users of Workfinder and for us to promote Workfinder).
8.6.1.The User Content must not:
8.6.2.contain any material which is defamatory of any person;
8.6.3.contain any material which is obscene, offensive, hateful or inflammatory;
8.6.4.promote sexually explicit material;
8.6.6.promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
8.6.7.contain any advertising, or any political or religious message;
8.6.8.infringe any copyright, database right, trade mark or other proprietary of any other person;
8.6.9.be likely to deceive any person;
8.6.10.be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
8.6.11.promote any illegal activity;
8.6.12.be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety;
8.6.13.be likely to harass, upset, embarrass, alarm or annoy any other person;
8.6.14.be used to impersonate any person, or to misrepresent your identity or affiliation with any person;
8.6.15.give the impression that they emanate from us, if this is not the case;
8.6.16.contain viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful; or
8.6.17.advocate, promote or assist any unlawful act (such as but not limited to copyright infringement or computer misuse).
9.1.The material provided through the Services is not intended to be advice and you should not rely on it. That material and the Services are provided without any guarantees, representations or warranties as to their accuracy or that the content is free from harmful material.
9.2.The Services provide a platform on which Students, Employers and others can meet. We do not check or assess the suitability of Students, Employers or others on the Workfinder platform. It is your responsibility to carry out investigations, background checks and assessments in relation to any persons you meet or engage with on the Workfinder platform.
9.3.We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, which arises under or in connection with:
9.3.1.use of, or inability to use, the Services; or
9.3.2.use of or reliance on any content displayed on the Website and Workfinder.
9.4.In particular, we will not be liable for:
9.4.1.loss of profits, sales, business, or revenue;
9.4.3.loss of anticipated savings;
9.4.4.loss of data;
9.4.5.loss of business opportunity, goodwill or reputation; or
9.4.6.any indirect or consequential loss or damage.
9.5.Notwithstanding any other provision in these Terms, we do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors, fraud or fraudulent misrepresentation, for which our liability shall be unlimited.
9.6.Other than as stated above and subject to section 13.9 (Liability regarding Work Experience) and section 15.12 (Liability in relation to the Services), our aggregate liability to you arising under or in connection with these Terms shall not exceed £500 in aggregate.
10.VIRUSES AND ERRORS
10.1.We do not guarantee that the Services will be secure or free from bugs or viruses, nor that its operation will be error free. You are responsible for your own virus protection processes.
10.2.You are responsible for configuring your information technology, computer programmes and platform to access the Services. You should use your own virus protection software.
10.3.You must not misuse the Services by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Services, the server on which the Services are stored or any server, computer or database connected to the Services. You must not attack the Services 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 Services will cease immediately.
11.LINKING TO OUR WEBSITE AND WORKFINDER
11.1.You may link to our home page of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
11.2.You must not:
11.2.1.establish a link to Workfinder in any website that is not owned by you;
11.2.2.(unless with our prior written authorisation) frame Workfinder on any other site; and
11.2.3.create a link to any part of Workfinder other than the home page.
11.3.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.
11.4.We reserve the right to withdraw linking permission without notice.
11.5.The website in which you are linking must comply in all respects with the standards set out in section 8)(Content standards).
12.GOVERNING LAW AND DISPUTES
12.1.These Terms, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. Workfinder and you both agree to the exclusive jurisdiction of the courts of England and Wales.
If you are a young person using Workfinder to find work experience, see also section 13.
If you are the parent or guardian of a young person who is using Workfinder, see also section 14.
If you are an Employer who wants to use Workfinder to offer work experience to young people, see also section 15.
13.WORKFINDER - FOR YOUTH
13.1.By using Workfinder, you confirm that you accept and agree to comply with the Terms described in sections 2 to 12 above and the Terms for a work experience placement in this section 13. If you do not agree to these Terms, please stop using Workfinder.
13.2.Definitions In this section 13, the following capitalised terms have the meanings set out below:
13.2.1."Employer" means a company or person registered with us that uses Workfinder to offer Work Experience;
13.2.2."Offer" means an offer for Work Experience made by an Employer in response to an application by a Youth;
13.2.3."Permission Grantor" means the parent or guardian of a Youth;
13.2.4."Youth" means a young person who uses Workfinder to find Work Experience; and
13.2.5."Work Experience" means work experience undertaken by a Youth with the Employer in the UK, which has been organised through Workfinder.
13.3.1.Workfinder is designed to help you arrange Work Experience in your local business community, but there is no guarantee that an Offer will be made.
13.4.2.You agree to Workfinder sharing with potential Employers:
13.4.4.your date of birth; and
13.4.5.and any other necessary information concerning your Application, so that the Employer can perform the legal obligations associated with providing you with an offer for Work Experience and to facilitate the Work Experience taking place.
13.5.1.If you are under the age of 16 when you receive an Offer, the Offer must be accepted by a Permission Grantor on your behalf.
13.6.Your Work Experience
13.6.1.By accepting an Offer (or permitting a Permission Grantor to accept the Offer on your behalf) you agree to:
13.6.2.undertake the Work Experience diligently and to the best of your ability;
13.6.3.follow your Employer's procedures and standards, including health and safety policies;
13.6.4.attend the relevant premises of your Work Experience on time and for the hours specified in the Offer or otherwise agreed with the Employer;
13.6.5.notify your school / educational institution and the Employer, with as much notice as possible, if you are going to be late or absent; and
13.6.6.notify your school/educational institution and your parent/guardian if for any reason you do not feel safe or if any issues arise using Workfinder.
13.6.7.Neither the issue or acceptance of an Offer nor any Work Experience is intended to be a legally binding contract between you and Workfinder or you and the Employer. The Work Experience placement may be cancelled or terminated at any time without notice at the discretion of you or the Employer. Neither you nor the Employer intends for the Work Experience to constitute an employment relationship.
13.6.8.You agree that your Work Experience placement is a volunteer activity to enable you to gain experience of the world of work and that it may be unpaid.
13.6.9.The Employer may, but is not obliged to, cover the costs of your travel or other expenses incurred in connection with your Work Experience.
13.7.1.Following completion of the Work Experience, you will be asked by us to rate your experience on a scale of 1 to 5 and to provide written feedback on your Work Experience. Your feedback will be published on Workfinder and viewable by the Employer. Please do not include any confidential or private information. You agree to take part in this feedback process. Sections 8 (User Generated Content, Your Content and Content Standards) will apply to such feedback.
13.7.2.We have the right to remove any feedback at our discretion, especially where we believe that it is offensive, abusive, intentionally false or misleading.
13.8.1.In the course of your Work Experience, you may have access to confidential information in relation to your Employer and their clients. You agree not to use or disclose this information to any person either during your Work Experience or at any time afterwards.
13.9.Suitability of Employers
13.9.1.Workfinder does not make any representations or warranties as to the fitness or suitability of an Employer for Work Experience. We do not check or assess the suitability of Employers. You agree that it is your sole responsibility to carry out investigations, background checks and assessments in relation to any Employer.
188.8.131.52.we exclude all implied conditions, warranties, representations or other terms that may apply to Workfinder, any content on Workfinder, any Work Experience or any dealing between a Youth, Permission Grantor and/or Employer.
13.10.2.we will not be liable to you 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:
184.108.40.206.any Work Experience; or
220.127.116.11.or any dealings between a Youth, Permission Grantor and/or Employer.
13.10.3.other than as stated above, our aggregate liability to you arising under or in connection with any Work Experience or any dealings between a Youth, Permission Grantor and/or Employer shall not exceed £500 in aggregate.
13.11.1.You agree to let us know immediately if you become aware of, or experience, any form of trolling, abuse or other emotional distress whilst using Workfinder or whilst taking part in Work Experience (by using the notification functions in the Workfinder App, by email to email@example.com).
14.WORKFINDER - FOR PARENTS/GUARDIANS (PERMISSION GRANTORS)
14.1.1.In this section 14, the following capitalised terms have the meanings set out below:
18.104.22.168."Employer" means a company or a person registered with us that uses Workfinder to offer Work Experience;
22.214.171.124."Offer" means an offer for Work Experience made by an Employer in response to an application by a Youth;
126.96.36.199."Permission Grantor" means the parent or guardian of a Youth;
188.8.131.52."Youth" means a young person who uses Workfinder to find Work Experience; and
184.108.40.206."Work Experience" means work experience undertaken by a Youth with the Employer in the UK, which has been organised through Workfinder.
14.2. Your permission
Where the Youth is under 16, the Youth will be required to obtain your permission and for you to accept the Offer on their behalf. In providing your permission and accepting the Offer on the Youth's behalf, you agree to contact us at firstname.lastname@example.org and the Employer if the Youth is going to be late or absent;
notify us at email@example.com if there are any issues with the Work Experience or the Employer, or if you do not feel the Youth is safe;
agree to us sharing your name and contact information with the Employer so they can perform the legal obligations associated with providing the Youth with Work Experience; and
agree to us sharing aggregated details of the Work Experience in order to improve the service and satisfy the requirements of its stakeholders.
15.WORKFINDER - FOR EMPLOYERS
15.1.By using the Services, you confirm that you accept and agree to comply with the Terms described in sections 2 to 12 above and the Terms in this section 15. If you do not agree to these Terms, please stop using this website and the Services.
15.2.1.In this section 15, the following capitalised terms have the meanings set out below:
220.127.116.11.”Employer" means a company or a person registered with us that uses Workfinder to offer Work Experience;
18.104.22.168.”Offer" means an offer for Work Experience made by an Employer in response to an application by a Youth;
22.214.171.124.”Permission Grantor" means the parent or guardian of a Youth;
126.96.36.199.”Youth" means a young person who uses Workfinder to find Work Experience;
188.8.131.52.”Youth's Personal Data" means any information about a Youth which enables her to be identified from, or in connection with, that information (for example, name, address, date of birth); and
184.108.40.206.”Work Experience" means work experience undertaken by a Youth with the Employer in the UK, which has been organised through Workfinder.
15.3.1.By making an Offer:
15.3.2.you agree to provide information and material reasonably required by us or a Permission Grantor in order to facilitate the Work Experience placement being undertaken, and that any information or material you provide is complete and accurate;
15.3.3.you confirm that there are no restrictions or requirements that apply to your business and which may affect the minimum age requirements for Youths seeking Work Experience with your business; and
15.3.4.you agree to obtain and maintain all necessary licences, permissions and consents which may be requested before the date on which the Work Experience is to commence.
15.3.5.you agree to our Commercial Terms & Conditions which can be found here
15.3.6.If acceptance of the Offer is subject to conditions set by a Permission Grantor, you will consider these promptly and act reasonably, and any case within one (1) week of receipt of such conditions by the Permission Grantor.
15.4.1.You agree to:
15.4.2.provide the relevant Youth with access to your premises and other facilities as reasonably required for the Youth to undertake the Work Experience;
15.4.3.provide, on the first day of the Work Experience, the Youth with an induction explaining what your business does and provide training to assist the Youth to meet the standards you expect from work experience students and to ensure the Youth's health and safety;
15.4.4.ensure that the Youth is properly supervised and appropriate Disclosure and Barring Service (DBS) checks have been carried out;
15.4.5.take full responsibility for the safety of the Youth during the working hours of the Work Experience; and
15.4.6.provide constructive feedback to the Youth at the end of the Work Experience placement.
15.5.You agree that the Work Experience placement shall be designed to:
15.5.1.be purposeful, substantial, challenging and relevant to the Youth's study programme and career aspirations;
15.5.2.offer clear roles, responsibilities and expectations for your business and the Youth;
15.5.3.focus on the skills required for that occupational sector; and
15.5.4.give the Youth an opportunity to develop vocational and employability skills in real working conditions.
15.6.Neither the issuance or acceptance of an Offer nor any Work Experience is intended to be a legally binding contract between you and Workfinder or you and the Youth. The Work Experience placement may be cancelled or terminated at any time without notice at the discretion of you or the Youth (but any fees which are due at the time of cancellation shall remain due). Neither you nor the Youth intend the Work Experience to constitute an employment relationship.
15.7.1.You confirm that:
15.7.2.you will be responsible for ensuring the Youth's safety and that the Youth has a safe working environment during the Work Experience;
15.7.3.the Work Experience will not exceed 35 hours per week or more than 5 out of 7 days and not require the Youth to work between the hours of 10 pm and 6 am;
15.7.4.you have in place an adequate child protection policy if Work Experience is to be undertaken by a Youth under the age of 16 and provide this to us or the Permission Grantor upon request. For more information on child protection policies, see our FAQs;
15.7.5.you will contact us immediately at firstname.lastname@example.org if there are any issues with the Work Experience or the Youth; and
15.7.6.you shall notify us immediately at email@example.com if you or anyone at your business becomes aware of any abusive, libellous or inappropriate content being posted on Workfinder or made during the conversations between you and the Youth.
15.8.1.You agree to obtain and maintain adequate insurance cover with a reputable insurer, and provide reasonable evidence of this via Workfinder if required. Such insurance shall include employer's liability insurance. You agree to our attaching evidence of your insurance cover to your record, to show that evidence has been supplied so that we may make it available to others in due course in the future.
15.9.2.You agree to comply with applicable data protection law, including the Data Protection Act 2018 and any superseding legislation.
15.9.3.You agree to use the Youth Personal Data only in connection with the provision of Work Experience to such Youth, and you further agree that you shall process the Youth Personal Data only in accordance with a lawful basis.
15.10.1.Following completion of Work Experience, the Youth will be asked to rate their experience on a scale of 1 to 5 and to provide written feedback on their Work Experience. Their feedback will be published on Workfinder and viewable by the Employer. You agree to such feedback being published on Workfinder. Section 8 (User generated content, your content and content standards) will apply to such feedback.
15.11.Remuneration payable to Students
15.11.1.You confirm that you will comply with HMRC guidelines on the minimum requirements of compensation for young persons.
15.12.Suitability of a Student for Work Experience
15.12.1.Workfinder does not make any representations or warranties as to the fitness or suitability of a Student for Work Experience. Workfinder shall not have any liability whatsoever for any act or omission of any Student, Educator, Partner, Volunteer or Permission Grantor whether before, during or after any Work Experience. You agree that it is your sole responsibility to carry out investigations, background checks and assessments in relation to a Student and in relation to the fitness and/or suitability of a Student for the relevant Work Experience, and that you engage Students at your own risk.
15.13.2.We do not exclude liability for death or personal injury arising from our negligence, nor do not exclude liability for any fraud or fraudulent representation by us.
15.13.3.We do exclude our liability for indirect loss and consequential loss.
15.13.4.Our total aggregate liability you under or in connection with the Services, this Website, Workfinder, any content on Workfinder, any Work Experience or any dealing between a Youth, Permission Grantor and/or Employer, whether for tort, negligence, breach of contract, tort, breach of statutory duty, misrepresentation, or otherwise, shall be limited in each calendar year to direct damages equal to the sum paid as fees by you in the same calendar year.
15.13.5.Save as set out in these Terms, we exclude (to the fullest extent permitted by law) all conditions, warranties, and representations expressed or implied by statute, common law, or otherwise in relation to the Services, this Website, Workfinder, any content on Workfinder, any Work Experience or any dealing between a Youth, Permission Grantor and/or Employer.
15.13.6.You will indemnify us and keep us indemnified against any claims made against us which arise in connection with any fault or negligence by you in relation to your use of the Services.