END USER LICENCE AGREEMENT
Last updated January 23, 2022
Social JobFindr is licenced to You (End-User) by Recruit-Tech Ltd, located at North Block, Neaton Business Park, Norwich Road, Thetford, __________ IP25 6JB, United Kingdom (hereinafter: Licensor), for use only under the terms of this Licence Agreement. We are registered in England and have our registered office at Suite 12 Haven House, Albemarle Street, Harwich, Essex CO12 3HL.
By downloading the Application from the Apple AppStore, and any update thereto (as permitted by this Licence Agreement), You indicate that You agree to be bound by all of the terms and conditions of this Licence Agreement, and that You accept this Licence Agreement.
The parties of this Licence Agreement acknowledge that Apple is not a Party to this Licence Agreement and is not bound by any provisions or obligations with regard to the Application, such as warranty, liability, maintenance and support thereof. Recruit-Tech Ltd, not Apple, is solely responsible for the licenced Application and the content thereof.
This Licence Agreement may not provide for usage rules for the Application that are in conflict with the latest App Store Terms of Service. Recruit-Tech Ltd acknowledges that it had the opportunity to review said terms and this Licence Agreement is not conflicting with them.
All rights not expressly granted to You are reserved.
Social JobFindr (hereinafter: Application) is a piece of software created to Social Care Recruitment – made easy! Social JobFindr is a tech enabled recruitment app, connecting you to employers in your desired location and are advertising your dream role. You don’t have to be a carer to care. All roles in Health and Social care to include non-caregiver roles. You can manage the whole recruitment process within the app! No computer access is required as you can create your own online profile, with records of your work history and qualifications. Keep a live profile and update your own CPD. Schedule and attend live video and audio meetings within the app – the best part is it’s all free for applicants. Recruitment in Social Care will never be the same again. – and customised for Apple mobile devices. The main focus of the application is to connect people with employers in Adult Health & Social Care. We have made the process very easy, as you only need a smart device and access to the internet to complete the whole journey. You can keep a live account and view available roles in your desired location.
2.1 You are given a non-transferable, non-exclusive, non-sublicensable licence to install and use the Licenced Application on any Apple-branded Products that You (End-User) own or control and as permitted by the Usage Rules set forth in this section and the App Store Terms of Service, with the exception that such licenced Application may be accessed and used by other accounts associated with You (End-User, The Purchaser) via Family Sharing or volume purchasing.
2.2 This licence will also govern any updates of the Application provided by Licensor that replace, repair, and/or supplement the first Application, unless a separate licence is provided for such update in which case the terms of that new licence will govern.
2.3 You may not share or make the Application available to third parties (unless to the degree allowed by the Apple Terms and Conditions, and with Recruit-Tech Ltd’s prior written consent), sell, rent, lend, lease or otherwise redistribute the Application.
2.4 You may not reverse engineer, translate, disassemble, integrate, decompile, integrate, remove, modify, combine, create derivative works or updates of, adapt, or attempt to derive the source code of the Application, or any part thereof (except with Recruit-Tech Ltd’s prior written consent).
2.5 You may not copy (excluding when expressly authorised by this licence and the Usage Rules) or alter the Application or portions thereof. You may create and store copies only on devices that You own or control for backup keeping under the terms of this licence, the App Store Terms of Service, and any other terms and conditions that apply to the device or software used. You may not remove any intellectual property notices. You acknowledge that no unauthorised third parties may gain access to these copies at any time.
2.6 Violations of the obligations mentioned above, as well as the attempt of such infringement, may be subject to prosecution and damages.
2.7 Licensor reserves the right to modify the terms and conditions of licensing.
2.8 Nothing in this licence should be interpreted to restrict third-party terms. When using the Application, You must ensure that You comply with applicable third-party terms and conditions.
3.1 The Application requires a firmware version 1.0.0 or higher. Licensor recommends using the latest version of the firmware.
3.2 Licensor attempts to keep the Application updated so that it complies with modified/new versions of the firmware and new hardware. You are not granted rights to claim such an update.
3.3 You acknowledge that it is Your responsibility to confirm and determine that the app end-user device on which You intend to use the Application satisfies the technical specifications mentioned above.
3.4 Licensor reserves the right to modify the technical specifications as it sees appropriate at any time.
4.1 The Licensor is solely responsible for providing any maintenance and support services for this licenced Application. You can reach the Licensor at the email address listed in the App Store Overview for this licenced Application.
4.2 Recruit-Tech Ltd and the End-User acknowledge that Apple has no obligation whatsoever to furnish any maintenance and support services with respect to the licenced Application.
You acknowledge that Licensor will be able to access and adjust Your downloaded licenced Application content and Your personal information, and that Licensor’s use of such material and information is subject to Your legal agreements with Licensor and Licensor’s privacy policy: __________.
The Application may invite you to chat, contribute to, or participate in blogs, message boards, online forums, and other functionality, and may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast content and materials to us or in the Application, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Contributions”). Contributions may be viewable by other users of the Application and through third-party websites or applications. As such, any Contributions you transmit may be treated as non-confidential and non-proprietary. When you create or make available any Contributions, you thereby represent and warrant that:
- The creation, distribution, transmission, public display, or performance, and the accessing, downloading, or copying of your Contributions do not and will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark, trade secret, or moral rights of any third party.
- You are the creator and owner of or have the necessary licences, rights, consents, releases, and permissions to use and to authorise us, the Application, and other users of the Application to use your Contributions in any manner contemplated by the Application and these Terms of Use.
- You have the written consent, release, and/or permission of each and every identifiable individual person in your Contributions to use the name or likeness or each and every such identifiable individual person to enable inclusion and use of your Contributions in any manner contemplated by the Application and these Terms of Use.
- Your Contributions are not false, inaccurate, or misleading.
- Your Contributions are not unsolicited or unauthorised advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Contributions are not obscene, lewd, lascivious, filthy, violent, harassing, libellous, slanderous, or otherwise objectionable (as determined by us).
- Your Contributions do not ridicule, mock, disparage, intimidate, or abuse anyone.
- Your Contributions are not used to harass or threaten (in the legal sense of those terms) any other person and to promote violence against a specific person or class of people.
- Your Contributions do not violate any applicable law, regulation, or rule.
- Your Contributions do not violate the privacy or publicity rights of any third party.
- Your Contributions do not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Contributions do not include any offensive comments that are connected to race, national origin, gender, sexual preference, or physical handicap.
- Your Contributions do not otherwise violate, or link to material that violates, any provision of these Terms of Use, or any applicable law or regulation.
Any use of the Application in violation of the foregoing violates these Terms of Use and may result in, among other things, termination or suspension of your rights to use the Application.
By posting your Contributions to any part of the Application or making Contributions accessible to the Application by linking your account from the Application to any of your social networking accounts, you automatically grant, and you represent and warrant that you have the right to grant, to us an unrestricted, unlimited, irrevocable, perpetual, non-exclusive, transferable, royalty-free, fully-paid, worldwide right, and licence to host, use copy, reproduce, disclose, sell, resell, publish, broad cast, retitle, archive, store, cache, publicly display, reformat, translate, transmit, excerpt (in whole or in part), and distribute such Contributions (including, without limitation, your image and voice) for any purpose, commercial advertising, or otherwise, and to prepare derivative works of, or incorporate in other works, such as Contributions, and grant and authorise sub-licences of the foregoing. The use and distribution may occur in any media formats and through any media channels.
This licence will apply to any form, media, or technology now known or hereafter developed, and includes our use of your name, company name, and franchise name, as applicable, and any of the trademarks, service marks, trade names, logos, and personal and commercial images you provide. You waive all moral rights in your Contributions, and you warrant that moral rights have not otherwise been asserted in your Contributions.
We do not assert any ownership over your Contributions. You retain full ownership of all of your Contributions and any intellectual property rights or other proprietary rights associated with your Contributions. We are not liable for any statements or representations in your Contributions provided by you in any area in the Application. You are solely responsible for your Contributions to the Application and you expressly agree to exonerate us from any and all responsibility and to refrain from any legal action against us regarding your Contributions.
We have the right, in our sole and absolute discretion, (1) to edit, redact, or otherwise change any Contributions; (2) to re-categorise any Contributions to place them in more appropriate locations in the Application; and (3) to pre-screen or delete any Contributions at any time and for any reason, without notice. We have no obligation to monitor your Contributions.
8.1 Licensor’s responsibility in the case of violation of obligations and tort shall be limited to intent and gross negligence. Only in case of a breach of essential contractual duties (cardinal obligations), Licensor shall also be liable in case of slight negligence. In any case, liability shall be limited to the foreseeable, contractually typical damages. The limitation mentioned above does not apply to injuries to life, limb, or health.
8.2 Licensor takes no accountability or responsibility for any damages caused due to a breach of duties according to Section 2 of this Agreement. To avoid data loss, You are required to make use of backup functions of the Application to the extent allowed by applicable third-party terms and conditions of use. You are aware that in case of alterations or manipulations of the Application, You will not have access to licensed Application.
8.3 Licensor takes no accountability and responsibility in case of The company takes no accountability for any persons who may be connected via this app. It’s the users or representative of the users duty to ensure all appropriate action and risk assessments have been taken when making any decision.
9.1 Licensor warrants that the Application is free of spyware, trojan horses, viruses, or any other malware at the time of Your download. Licensor warrants that the Application works as described in the user documentation.
9.2 No warranty is provided for the Application that is not executable on the device, that has been unauthorizedly modified, handled inappropriately or culpably, combined or installed with inappropriate hardware or software, used with inappropriate accessories, regardless if by Yourself or by third parties, or if there are any other reasons outside of Recruit-Tech Ltd’s sphere of influence that affect the executability of the Application.
9.3 You are required to inspect the Application immediately after installing it and notify Recruit-Tech Ltd about issues discovered without delay by email provided in Product Claims. The defect report will be taken into consideration and further investigated if it has been mailed within a period of ninety (90) days after discovery.
9.4 If we confirm that the Application is defective, Recruit-Tech Ltd reserves a choice to remedy the situation either by means of solving the defect or substitute delivery.
9.5 In the event of any failure of the Application to conform to any applicable warranty, You may notify the App-Store-Operator, and Your Application purchase price will be refunded to You. To the maximum extent permitted by applicable law, the App-Store-Operator will have no other warranty obligation whatsoever with respect to the App, and any other losses, claims, damages, liabilities, expenses and costs attributable to any negligence to adhere to any warranty.
9.6 If the user is an entrepreneur, any claim based on faults expires after a statutory period of limitation amounting to twelve (12) months after the Application was made available to the user. The statutory periods of limitation given by law apply for users who are consumers.
Recruit-Tech Ltd and the End-User acknowledge that Recruit-Tech Ltd, and not Apple, is responsible for addressing any claims of the End-User or any third party relating to the licenced Application or the End-User’s possession and/or use of that licenced Application, including, but not limited to:
(i) product liability claims;
(ii) any claim that the licenced Application fails to conform to any applicable legal or regulatory requirement; and
(iii) claims arising under consumer protection, privacy, or similar legislation, including in connection with Your Licensed Application’s use of the HealthKit and HomeKit.
You represent and warrant that You are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and that You are not listed on any U.S. Government list of prohibited or restricted parties.
For general inquiries, complaints, questions or claims concerning the licenced Application, please contact:
Support Team
North Block, Neaton Business Park, Norwich Road
Thetford, __________ IP25 6JB
United Kingdom
The licence is valid until terminated by Recruit-Tech Ltd or by You. Your rights under this licence will terminate automatically and without notice from Recruit-Tech Ltd if You fail to adhere to any term(s) of this licence. Upon Licence termination, You shall stop all use of the Application, and destroy all copies, full or partial, of the Application.
Recruit-Tech Ltd represents and warrants that Recruit-Tech Ltd will comply with applicable third-party terms of agreement when using licenced Application.
In Accordance with Section 9 of the “Instructions for Minimum Terms of Developer’s End-User Licence Agreement,” Apple and Apple’s subsidiaries shall be third-party beneficiaries of this End User Licence Agreement and – upon Your acceptance of the terms and conditions of this licence agreement, Apple will have the right (and will be deemed to have accepted the right) to enforce this End User Licence Agreement against You as a third-party beneficiary thereof.
Recruit-Tech Ltd and the End-User acknowledge that, in the event of any third-party claim that the licenced Application or the End-User’s possession and use of that licenced Application infringes on the third party’s intellectual property rights, Recruit-Tech Ltd, and not Apple, will be solely responsible for the investigation, defence, settlement and discharge or any such intellectual property infringement claims.
This licence agreement is governed by the laws of the United Kingdom excluding its conflicts of law rules.
17.1 If any of the terms of this agreement should be or become invalid, the validity of the remaining provisions shall not be affected. Invalid terms will be replaced by valid ones formulated in a way that will achieve the primary purpose.
17.2 Collateral agreements, changes and amendments are only valid if laid down in writing. The preceding clause can only be waived in writing.