The following Terms and Conditions govern the use of the website thisishector.com, hereinafter referred to as “Website”, “We”, “Us” or “Our”.
These Terms and Conditions alongside with the Website’s Privacy Policy, form the basis of contract between the Website and its users, who view, browse, or anyhow use the information contained on this Website, hereinafter referred to as “Users”, “Clients”, “You” or “Your”.
This Website is owned and operated by Recruitment Mentors LTD, a company incorporated under the laws of United Kingdom with registered number 12810066 and having its principle office registered at 316 Edinbrugh House, 170 Kennington Ln, London, United Kingdom, SE11 5DP, hereinafter referred to as the “Owner” or the “Company”.
Your access and use of the information contained herein is subject to the following Terms and Conditions and all the applicable laws. By accessing and browsing this Website and by subscribing to our Services, you accept, without limitation or qualification, these Terms and Conditions. These Terms and Conditions constitute a binding contract between You and the Website Owner. If you do not agree to any part of these Terms and Conditions you must stop using this Website and/or notify Us immediately at Hishem@thisishector.com.
Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of this Website. If you do not agree to these Terms and Conditions, please stop using this Website immediately.
Any products and/or services displayed on this Website are not representative of all products and services available in the market.
- Definitions and Interpretation
In this Agreement the following terms shall have the following meanings:
“Content” | means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Web Site; |
“in writing”/ “written” | when communicated in any written form, including letters, e-mails and any other electronic correspondence. |
“Member” | means an individual or organisation that has successfully subscribed for the Services via this Website. |
“Membership” | means a paid Service, provided by this Website and its Owner, which entails the rights ad obligations of a Member, arising out of it, as per Article 2 of these Terms and Conditions below. |
“Parties” | means any and all parties hereby mentioned and bound by these Terms and Conditions, including but not limited to the Website, the Company and the Users. |
“Personal Information” | means any information relating to an identified or identifiable natural person and the information referred to in Our Privacy Policy and Cookies Policy. |
“Service” | means collectively any online facilities, tools, services or information that the Website Owner makes available through the Website either now or in the future as well as the provision of services defined in Section 2 of these Terms and Conditions; |
“System” | means any online communications infrastructure that the Website Owner makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links; |
“Use” | means but not limited to use, copy, publicly perform or display, distribute, modificative, translate and/or create derivative works through this Website. |
“User” / “Users” | means any third party that accesses the Website and is not employed by the Website Owner and acting in the course of their employment; |
For the avoidance of doubt, any use of terminology or other words in the singular, plural, capitalisation and/or he/she or they, are taken as interchangeable and therefore as referring to the same.
- Use of this Website
- The Users may not, whether through the use of additional software or by any other means: data mine or conduct automated searches on the website or the data contained in it, access, monitor or copy any content or information of this Website using any robot, spider, scraper or other automated means or any manual process for any purpose without Our express written permission.
- The Users may not take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure.
- The Users may not use techniques to “frame”, “mirror” or otherwise incorporate any part of this Website into any other website without Our prior written authorisation.
- As a condition of Your use of this Website, You warrant to the Company that You will not use this Website for any purpose that is unlawful or prohibited by these Terms and Conditions.
- 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.
- The Website Owner accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.
- The Website does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
- The Services
- The Website is designed to provide online support, community, learning and development content to recruitment professionals or other individuals, companies and any relevant third parties that are involved in recruitment business or otherwise (“Services”).
- Subject to these Terms and Conditions, we shall provide our Services to You, including but not limited to Membership to our Website, hosting and maintaining this Website, providing you with a support network, facilitating the formation of any arrangements between You and the Company, sharing any relevant content related to your business or otherwise.
- We shall provide and share our Services to the Members, including without limitation any specific content, on a monthly basis, unless otherwise agreed in writing.
- Through the Membership, You should get access to our on-site community and be able to use any features we offer exclusively for Our Members.
- We shall keep You informed of all activities related to your specific requirements by means agreed with You.
- We shall act in accordance with all reasonable instructions given to Us by You and provide the Services with reasonable skill and care, commensurate with prevailing standards in the United Kingdom.
- We shall be responsible for ensuring that we comply with all statutes, regulations, bylaws, standards, codes of conduct and any other rules relevant to the provision of the Services and We shall keep you informed of all activities related to the Services by means agreed with You and we shall act in accordance with all reasonable instructions given by You.
- We shall use all reasonable endeavours to accommodate any reasonable changes in the Services that may be requested by you, subject to your acceptance of any related reasonable changes to the fees that may be due as a result of such changes.
- The Website is designed for convenience purposes only, it aims to provide an intelligent database for the Users to make relevant searches, manage their needs and network. Notwithstanding, We shall make all reasonable efforts to ensure that the content that we provide shall be of reasonable standard for the purposes of Your business.
- As a part of our Services, we offer our Users to have exclusive accounts “Memberships”. The Membership should include without limitation any and all Services as explained above, unless otherwise agreed in writing. The Memberships details are as follows:
- Consumer Membership- designed for individual recruitment consultants or other interested third parties, whereby the Membership Services shall be provided on a monthly basis for a monthly fee, in accordance with these Terms and Conditions. For the avoidance of doubt, the Membership shall commence from the moment of first payment made by You to the Company. Any such Consumer Membership does not have a termination period and can be cancelled at any time by You by contacting Us in writing and in accordance with these Terms and Conditions.
- Business Membership- designed for our business and corporate Users to give access to our Services for any employees and/or related individuals or third parties for a fee as per these Terms and Conditions below. The minimum time of such an agreement shall be 12 calendar months from the date of the first payment being made by You to the Company. After the first 12 months of the Business Membership the membership shall be on a monthly rolling basis and can be terminated at any time and in accordance with these Terms and Conditions.
- Your Responsibilities
- Each User acknowledges and agrees that the relationship between Users of this Website is that of an independent contractor. Nothing in these Terms and Conditions creates a partnership, joint venture, agency or employment relationship between Users.
- You shall use all reasonable endeavours to provide all pertinent information to us that is necessary for our provision of the Services. Such information shall include, but not necessarily be limited to the content that you require, the outcomes to be expected, the information that you seek.
- You shall acknowledge that We may, with or without reasons, at Our absolute discretion, reject any offers that we cannot perform for whatever reason or reject any User or Users from using Our Services.
- When you create an account to have a Membership with Us, you guarantee that you are above the age of 18 and that the information you provide us is accurate, complete, and current at all times. Inaccurate, incomplete, or obsolete information may result in the immediate termination of your account on the Website.
- You are responsible for maintaining the confidentiality of your account and password, including but not limited to the restriction of access to your computer and/or account and in accordance with our Privacy Policy. You agree to accept responsibility for any and all activities or actions that occur under your account and/or password, whether your password is with our Website or a third-party service. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
- We do not tolerate any unsolicited employment offers and/or any other offers between the Users of this Website. If We become aware of any such correspondences and/or offers we shall terminate your account and Membership with Us with immediate effect.
- We reserve the right to refuse service, terminate accounts, remove or edit content, or cancel memberships in our sole discretion and in accordance with these Terms and Conditions.
- You can terminate your account by emailing us at hishem@thisishector.com and in accordance with these Terms and Conditions and your specific Membership plan.
- You may, from time to time, issue reasonable instructions to Us, in relation to the provision of the Services. Any such instructions should be compatible with the specification of the Services provided in these Terms and Conditions.
- In the event that we require the decision, approval, consent or any other communication from you in order to continue with the provision of the Services or any part thereof at any time, you shall provide the same in a reasonable and timely manner.
- If any consents, licences or other permissions are needed from any third parties such as permissions relating to copyright, work permits and other applicable permits it shall be your responsibility to obtain the same in advance of the provision of the Services (or the relevant part thereof).
- Any delay in the provision of the Services resulting from your failure or delay in complying with any of the provisions of the task provided by You to Us shall not be the responsibility or fault of ours.
- You will fully co-operate and assist the us in complying with our duties under these Terms and Conditions and, as provided in the applicable law.
- Fees, Payment and Taxes
- Our Company shall provide You with all information required to wire funds to the Company in accordance with these Terms and Conditions for the Services and/or any specific Membership.
- To get a Membership with Us, You will be asked to supply your banking details, including without limitation, your credit/debit card number for Direct Debit charges, expiration date, CCV and billing address.
- Subsequent Direct Debit charges for Monthly Membership fees will be collected monthly thereafter.
- All payments shall be processed immediately through a third-party service. We are not responsible for the retention or safety of your billing information that is collected by the third-party service, unless otherwise specified in our Privacy Policy.
- You hereby represent and warrant that You have the legal right to use any payment method(s) in connection with any purchase and that the information you supply to Us is true, correct and complete to the best of Your knowledge.
- We have the right to refuse or cancel your Membership if fraud or an unauthorized or illegal transaction is suspected. If fraud or an unauthorized or illegal transaction is suspected, we have the right to contact law enforcement to report the above actions and to provide your information and in accordance with our Privacy Policy.
- The Membership Prices shall be as following at the time of the last update of these Terms and Conditions and unless otherwise agreed in writing or unless otherwise stated on our Website:
Business Membership –
- “Hector Team Plan”, as defined above, and shall be based on the number of employees/users/other parties the business requires the Services for. Such Prices shall be as follows:
3 users = £349 per month
Any additional users = £99 per User.
- Any fees displayed at https://thisishector.com shall prevail, unless otherwise agreed in writing. We reserve the right to monitor and update our fees on a case-by-case basis at any time. We shall inform You in writing of any and all such changed.
- For the avoidance of doubt, from time to time we may need to increase the price of Membership. We will give you at least one full months’ notice of any incoming price increase and will make it very clear when the price increase will take effect and how much your membership will cost after the increase. During this period, you will have your usual right to terminate your membership in accordance with the membership terms and conditions and rules. If you do not terminate the membership by the date given to you in the notice, then the price of your membership will be increased in accordance with our notice.
- You shall pay all the applicable taxes and funds that arise, relating to any payments and transactions as per this Article 4, including but not limited to banking fees, from your own funds.
- Termination and Refunds
- You can terminate your Membership by giving us 30 days written notice from the end of your agreement at hishem@thisishector.com
- You cannot terminate the Business Membership in the first 12 months from the date of the beginning of such Membership. You will not receive any refunds for the Business Membership at any time, unless otherwise agreed in writing. You may then terminate your Business Membership as per your written agreement with the Company.
- This Website features Services that are offered via a subscription model. Our subscription model requires regular payments for our Services, as per these Terms and Conditions. If We do not receive timely payments for Our Services, we reserve a right to terminate your Membership and any Agreements between Us and You with immediate effect, at Our sole discretion.
- Change of services
- All descriptions and other details provided in relation to the Services are subject to confirmation by us and may be changed without notice.
- All services are subject to upgrades, and the Service you receive may change in function at a later date. It is your responsibility to check with Us if all the applicable Services are available.
- We will rely upon your instructions being correct when requesting a Service and reserve the right to refuse to withdraw such Services which are no longer required.
- Warranties
- The Website and its Owner make no warranties, representations, statements or guarantees (whether express, implied in law or residual) regarding the Website, the information contained on the Website, your Personal information or material and information transmitted over the system.
- You are responsible for obtaining access to the Services provided by this Website and agree that access to these services may involve third-party fees (including by not limited to Internet service provider or airtime charges). You agree to be responsible for those fees and will not hold the Website and its Owner liable for any disputes which may arise with third parties whether or not referred to by this Website.
- The Website and its contents are provided on an “as is” and “as available” basis. This means that the Website and its Owner do not make any promises in respect of the quality, completeness or accuracy of the information published on or linked to from the Website.
- To the fullest extent allowed by applicable law, the website disclaims all warranties, representations, conditions and duties of any kind, including without limitation, any warranties of satisfactory quality, merchantability or of fitness for a particular purpose.
- The Website does not provide any warranty or representation that it is free from infection by viruses or anything else that has contaminating or destructive properties.
- Exclusions and Limitations
- This section limits the responsibility and liability to You for your use of this Website and its content or in respect of any third-party products or services that we refer to or link to on the Website.
- The Website and/or its Owner accept no financial responsibility to You arising from Your use of the Website or any of its content.
- In no circumstances do we accept responsibility for your use of third-party Sites or in respect of any third-party products. By Third Party Sites we mean websites, online or mobile services provided by third parties, including websites of advertisers and sponsors that may appear on this Website. By Third Party Products we mean products or services provided by third parties.
- It is not commercially possible for the Website to accept any responsibility for Your personal use of any information provided at the website or the way any user decides to use this information.
- Content (including any information we publish regarding Third Party Products) is only for information purposes and is not intended to address Your particular requirements.
- Any information that you receive from the Website, whether or not it is classified as “real time”, may have stopped being current by the time it reaches you.
- The information on this Website is provided on an “as is” basis. To the fullest extent permitted by law, the Website and its Owner excludes all representations and warranties relating to this Website and its contents or which is or may be provided by any affiliates or any other third party, including in relation to any inaccuracies or omissions in this Website’s literature; and excludes all liability for damages arising out of or in connection with your use of this Website. This includes, without limitation, direct loss, loss of business or profits (whether or not the loss of such profits was foreseeable, arose in the normal course of things or you have advised this Company of the possibility of such potential loss), damage caused to your computer, computer software, systems and programs and the data thereon or any other direct or indirect, consequential and incidental damages.
- To the maximum extent permitted by law, the Owner accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.
- Nothing in these Terms and Conditions excludes or restricts the Owner’s liability for death or personal injury resulting from any negligence or fraud on the part of the Owner.
- Every effort has been made to ensure that these terms and conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977. However, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these terms and conditions and shall not affect the validity and enforceability of the remaining terms and conditions.
- Intellectual Property
- All Content included on the Website, unless uploaded by Users, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of the Owner of this Website, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other relevant laws.
- You may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by the Owner.
- Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.
- All copyrights trademarks patents and other industrial or intellectual property rights which may arise as a result of, or be displayed or incorporated in, any written or printed material or any brochure which we may produce either our property or that of third parties and is not to be reproduced used or exploited in any manner whatsoever. You will indemnify us from and against all costs claims and liabilities which we may suffer incur as a result of you using reproducing or exploiting any such industrial or intellectual property rights without the consent of the proprietor.
- The copyright in and to the Terms and Conditions belongs to the Owner. Any copying of the Terms and Conditions without the Owner’s prior written permission constitutes an infringement of our legal rights.
- Links to Other Web Sites
- This Web Site may contain links to other sites. Unless expressly stated, these sites are not under the control of the Owner of this Website or that of Our affiliates. We assume no responsibility for the content of such web sites and disclaim liability for any and all forms of loss or damage arising out of the use of them. The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
- We do not monitor or review the content of other party’s websites which are linked to from this Website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our Users to be aware when they leave our site and to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. The Website and its Owner will not accept any responsibility for any loss or damage in whatever manner, howsoever caused, resulting from your disclosure to third parties of personal information.
- Severability
All provisions of any relevant Terms and Conditions, policies and notices are, notwithstanding the manner in which they have been grouped together or linked grammatically, severable from each other. Any provision of any relevant Terms and Conditions, policies and notices, which is or becomes unenforceable in any jurisdiction, whether due to voidness, invalidity, illegality, unlawfulness or for any reason whatever, shall, in such jurisdiction only and only to the extent that it is so unenforceable, be treated as pro non script and the remaining provisions of any relevant terms and conditions, policies and notices shall remain in full force and effect. - Privacy
- For the purposes of applicable data protection legislation, the Owner will process any personal data you have provided to it in accordance Privacy Policy available on this website or on request from the Owner as per our Privacy Policy.
- You agree that, if you have provided Us with personal data relating to a third party (1) you have in place all necessary appropriate consents and notices to enable lawful transfer such personal data to Us and (2) that you have brought to the attention of any such third party the Privacy Notice available on this Website or otherwise provided a copy of it to the third party. You agree to indemnify the Owner in relation to all and any liabilities, penalties, fines, awards or costs arising from your non-compliance with these requirements.
- No Waiver
In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
- Previous Terms and Conditions
In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.
- Notices
All notices / communications shall be given to us either by post to our Premises (see address above) or by email as per our Contact details stated in our Privacy Policy and these Terms and Conditions. Such notice will be deemed received 5 working days after posting if sent by first class post, the day of sending if the email is received in full on a business day and on the next business day if the email is sent on a weekend or public holiday.
- Law and Jurisdiction
- These Terms and Conditions are subject to English law and the courts of England and Wales and will have an exclusive jurisdiction to settle any dispute which may arise out of, under, or in connection with these Terms and Conditions.
- For the exclusive benefit of this Website and to the extent possible in the applicable jurisdiction, the Website will retain the right to bring or enforce proceedings as to the substance of the matter in the courts of the country of your residence or, where these Terms and Conditions are entered into in the course of your trade or profession, the country of the place of business in which you agreed to these Terms and Conditions or (if different) the country of your principal place of business.
- Any relevant Terms and Conditions, policies and notices shall be governed by and construed in accordance with the laws of England and Wales without giving effect to any principles of conflict of law. You hereby consent to the exclusive jurisdiction of England and Wales in respect of any disputes arising in connection with the website, or any relevant Terms and Conditions, policies and notices or any matter related to or in connection therewith.
- The Parties shall seek to resolve any dispute, controversy or claim arising out of or in connection with these Terms and Conditions, including without limitation, any dispute regarding the enforceability of any provision, through good faith negotiations between them within 1 calendar month of any notice of dispute being served or such longer period of time as may be mutually agreed between the Parties.
- If the Parties are unable to resolve the dispute in accordance with clause 15.4 above, and one or both Parties desire to pursue the dispute, any such dispute, controversy or claim arising out of these terms and conditions or this Agreement including the validity, invalidity, breach or termination thereof, shall be settled first by the arbitration in the United Kingdom.
- Force Majeure
We shall not be held liable for any failure to perform that is due to any cause or circumstance beyond Our reasonable control, including without limitation a demand for such Services which exceed Our ability to supply them, as well as force Majeure situations, including but not limited to earthquakes, fire, accidents, floods, storms, other Acts of God, riots, wars, rebellions, strikes, lockouts or other labor disturbances, national or international emergencies, failure to secure materials or equipment from usual sources of supply, failure of carriers to furnish transportation, government rules, regulations, acts, orders, restrictions or requirements or any other cause or circumstance beyond the reasonable control. No such inability to deliver or delay in delivery shall invalidate the remainder of these Terms and Conditions.
- Changes to these Terms and Conditions
- The Website reserves the right to update these Terms and Conditions for legal or regulatory reasons, or to reflect changes in our services or business practices. The Website shall have the right at any time, to change, modify, add, or delete the terms and conditions applicable to your use of the website or any part thereof. Any changed Terms shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting the changed terms on the website, by electronic or conventional mail, or by any other means by which you obtain notice thereof as per our Privacy Policy. Any use of the Website by you after such notice shall be deemed to constitute acceptance by you of the changed terms.
- The Website may at any time modify any relevant Terms and Conditions, Policies or notices. You acknowledge that by visiting the Website from time to time, you shall become bound to the current version of the relevant Terms and Conditions (the “current version”) and, unless stated in the current version, all previous versions shall be superseded by the current version. You shall be responsible for reviewing the then current version each time you visit the Website.
- Entire Agreement
- These Website’s Terms and Conditions constitute the record of the agreement between the Parties regarding this Website and supersedes any prior agreements in relation to your use of the Website.
- Neither You nor the Website and its Owner shall be bound by any express tacit or implied representation, warranty, promise or the like not recorded herein. Unless otherwise specifically stated these rules supersede and replace all prior commitments, undertakings or representations, whether written or oral, between you and the Website and its Owner in respect of your use of this Website.
- If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of that provision will not affect the validity of the remaining provisions of these Terms and Conditions, which will remain in full force and effect.
- Failure by either Party to exercise any right or remedy under these Terms and Conditions does not constitute a waiver of that right or remedy. Headings in these terms and conditions are for convenience only and will have no legal meaning or effect.
If We fail to enforce any of the rights under these Terms and Conditions, it will not be considered a waiver. Any amendment to or waiver of this statement must be made in writing and signed by us. You will not transfer any of your rights or obligations under this Statement to anyone else without our consent. All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise. Nothing in this Agreement shall prevent us from complying with the law. This Statement does not confer any third-party beneficiary rights. These Terms and Conditions form part of the Agreement between the You and the Website Owner. Your accessing of this Website indicates your understanding, agreement to and acceptance of our Privacy Policy and the Terms and Conditions contained herein. We acknowledge that the Users’ statutory Consumer Rights remain unaffected.