HUNTED TERMS OF SERVICE
1. Who we are We are EMSG Holdings LTD trading as Hunted, a company registered in England with company number 15159696 (Us/We). Our registered office is at Treviot House, 186-192High Road, Ilford, Essex, IG1 1LR and our vat number is 461613212. You can contact Us by email at help@hunted.com.
2. About our Service We provide a career management application which brings together recruitment professionals (Recruiters), recruitment & staffing businesses (Recruitment Companies) and suppliers (Suppliers), collectively referred to as You or a User.
3. About these terms These are our terms of service (Terms). Whether you use our Service as a Recruiter, Recruitment Company or a Supplier, or all 3, the Terms, together with the documents to which they refer, set out the contract between us. We may revise the Terms at any time by amending this page. Please check this page from time to time to take notice of any changes we may have made, as they are binding on you.
4. About our role
4.1 You can use the Service via our website at www.hunted.com, or download it on a mobile device.
4.2 Recruiters can create an anonymous profile that is searchable by Recruitment Companys and Suppliers to allow them to be headhunted for appropriate jobs (Jobs).
4.3 Recruiters are able to use our tracking tool (Track) to record their revenue and earnings and receive exclusive crowd-sourced insights to benchmark their performance and earnings.
4.4 Recruitment Companys and Suppliers are able to create a public profile and post Job adverts. They are able to search through the database of anonymous Recruiters and send messages to connect with them.
4.5 Our role is to provide the platform facilitating these connections, not to oversee them, and We are not party to any subsequent employment contract between Recruiters and Recruitment Companys or Suppliers.
4.6 Recruitment Companys and Suppliers only: By creating an account as an Recruitment Company or Supplier, you confirm that you are not a consumer and will not be using your account for anything other than business purposes. Each time you use our Service, you represent to Us that you are using our Service in the course of your business or profession. If that representation is, or becomes, untrue, We will be entitled to terminate your account immediately.
4.7 The Service is only for adults; it is not suitable for minors. So, each time you use our Service, you represent to Us that you are an adult. If that representation is, or becomes, untrue, We will be entitled to terminate your account immediately.
4.8 We do not operate a vetting procedure, nor do we run background checks. Therefore, We cannot take responsibility for the accuracy or completeness of information that our Users provide about themselves.
5. Your responsibilities
5.1 When you create an account with Us, We ask you to choose a password to protect your account. You must keep that password safe, and you must not share it with anyone else. If you think someone else might know your password, you must change it straight away. You are solely responsible for all actions taken on our Service using your account.
5.2 Whether you use our Service as a Recruiter, Supplier or as an Recruitment Company We will ask you to provide Us with certain information about you, such as your name, your location, and your email address. That information must be true, complete, and current, and you must ensure that you keep it up to date. You may not create an account with Us using an assumed name or someone else’s identity.
5.3 Our Service contains a messaging system allowing you to communicate with other Users. It is also possible that you will communicate outside of our Service with Users. Whenever you communicate with other Users in the context of the Service, you must not abuse or threaten them, use discriminatory language (such as racial slurs) to them, mislead them or make them promises you do not intend to keep. We reserve the right to terminate or suspend your account immediately in response to complaints about your conduct towards other Users.
5.4 Where another User shares with you information which they describe as confidential, or which is obviously confidential in the context of the Service, you must not share that information with anyone else without their permission, unless you are required to do so by law. You must not post any confidential information (whether yours or another User’s) in any area of the Service, which is visible to Users generally, and We will not have any liability if you do.
6. Uploading content to our Service
6.1 Our Service allows you to upload various materials, including text and photos, which other Users will see. Whenever any material is uploaded using your account, you must ensure that you have all the necessary rights to use that material and to share it with Us and with other Users of our Service, and you must ensure that material does not contain anything: 6.1.1 which is a trade secret or otherwise confidential; or
6.1.2 which is unlawful, offensive, obscene, defamatory or which tends to promote discrimination on the basis of a characteristic protected by law.
6.2 You retain all of your ownership rights in your content, but you are required to grant Us and Users of the Site a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to Us are described in the next paragraph (Rights you licence).
6.3 We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Service constitutes a violation of their intellectual property rights, or of their right to privacy.
6.4 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.
6.5 We have the right to remove any posting you make on the Service.
6.6 The views expressed by other Users on our site do not represent our views or values.
6.7 You are solely responsible for securing and backing up your content.
7. Rights you licence When you upload or post content to our site, you grant the following licenses:
7.1 a perpetual, worldwide, non-exclusive, royalty-free, transferable licence to Us to use, reproduce, distribute, prepare derivative works or, display, your content in connection with the Service across all media including but not limited to, promotion of the Service.
7.1 a worldwide, non-exclusive, royalty-free licence to all Users to use the content for their purposes in connection with Service that will terminate upon the deletion of your content.
8. Our intellectual property rights 8.1 We own or are licensed to use the intellectual property rights in our Service, including our branding, trademarks, and the underlying technologies. We grant to you a non-exclusive, revocable, royalty-free, non-sublicensable licence to use our Service in accordance with the Terms for as long as your account remains active.
8.2 If you are an Recruitment Company or Supplier, you may also, if you wish, include in your own promotional material approved versions of our logo so long as you do not alter it or use it in a way which damages our brand or reputation.
8.3 By downloading and/or installing our application, you agree that you are being granted a licence to use one copy of our application on a device for which it is designed. You must not attempt to reverse engineer, redistribute, or otherwise interfere with or copy our app.
8.4 You agree that We may, at any time, revoke your licence to use our Service, at which point you agree to take all necessary steps to remove our application and any derivative data from any device under your control.
8.5 You may not make any use of or exploit in any way, any of our intellectual property rights except to the extent permitted by this clause 8.
9. Recruiters - Your responsibilities
9.1 When you create your account with Us as a Recruiter, We will ask you to provide Us with relevant information about your visa situation, recruitment experience, specialisms, salary, revenue, a short summary about your expertise, career situation and aspirations, work experience and education. That information can be viewed by Recruitment Companys and Suppliers. We use it to match you with potential Jobs and to give you the chance to apply to perform those Jobs, so you must ensure that the information you give to Us is accurate and current, and you must keep it up to date.
9.2 You must not apply for a Job unless, based on the information which the Recruitment Company or Supplier has provided, you are reasonably satisfied that you have the skills, knowledge, resources, and experience necessary for that Job.
9.3 You must not offer to perform, or describe yourself as able to perform, any service or task which is unlawful.
10. Recruitment Companies & Suppliers - Your responsibilities
10.1 When you create your account with Us as an Recruitment Company or Supplier, We will ask you to provide Us with relevant information about your company’s industry, office locations, size, website, teams, offerings, and culture. That information can be viewed by Recruiters and give them a chance to apply for Jobs that you post, so you must ensure that the information you give to Us is accurate and current, and you must keep it up to date.
10.2 When you post a Job on our Service, you must include in the description of that Job enough information for Recruiters to be able to understand what you want them to do and how much you are offering to pay them.
10.3 You must not post a Job which it would (in whole or in part) be unlawful to perform.
10.4 We reserve the right to remove from our Service any Jobs which you post in breach of the Terms.
11. Our subscription packages, fees, and refunds
11.1 Our Service is free for Recruiters. If you (as a Recruiter) wish for Us to terminate your account please email us at help@hunted.com and We’ll do so.
11.2 When Recruitment Companies and Suppliers initially sign up for an account they have the option to sign up to a limited free-to-use version of our Service. If they require access to the full subscription-service and set up a live page, a subscription fee (Fee) will become payable on a rolling monthly basis. When you create your profile you will see the Fees which are payable. 11.3 Our Fees are exclusive of VAT. If VAT is payable, We will add it on to our Fees.
11.4 Payment can be made by credit card or by bank transfer.
11.5 Payment of an invoice for our Fees will be due 7 days after the date of the invoice.
11.6 If an invoice remains outstanding for more than 7 days We reserve the right to suspend your account until full settlement is received.
11.7 If an Recruitment Company or Supplier wishes to terminate their account with Us, which you can do at any time, please email us at help@hunted.com. Your account will be terminated at the end of your then-current subscription period, but we do not offer refunds of any subscription payments already received by us.
12. Discounts and promotion offers
12.1 We may offer discounts or other promotional offers from time to time. We reserve the right not to honour such discount or promotional offer for any reason including but not limited to, fraud or mistake.
12.2 We may offer a ‘referral reward’ from time to time, whereby both an existing User referring a new User and the new User themselves may be entitled to receive a reward when the new User is confirmed by Us to have found a new Job through the Service. To qualify for this reward, the new User must have applied for the Job through the Hunted service, they must be employed by the new company for more than 90 days, their first day of employment must be within the promotional dates outlined below, and all must be verified by Hunted and the new Recruitment Company or Supplier. If you believe you are due to receive the reward, you must email Us at help@hunted.com stating your name, email address (that you use on Hunted) and the name(s) of any Users your claim relates to. Each reward will be reviewed on a case by case basis by a member of the Hunted team to ensure the factual correctness of the claim. We reserve the right to not honour such claim for any reason including but not limited to, fraud or mistake.
13. Your privacy When We process your personal data, We do so in accordance with the data protection laws which apply to us and with our privacy policy found on www.hunted.com. By using our Service, you agree to the processing of your personal data set out in our privacy policy, so please read it carefully.
14. No reliance on information
14.1 The content available on our Service is provided for your general information only. It is not intended to amount to advice on which you should rely.
14.2 Certain salary information may only be approximate estimations and may be based on approximate currency calculations.
14.3 Although We make reasonable efforts to update the information available on our Service, We make no representations, warranties or guarantees, whether express or implied, that its content is accurate, complete, or up to date.
15. Our rights and responsibilities generally, and our liability to you
15.1 We operate the Service. We will use reasonable endeavours to keep the technology powering the Service operational, allowing for appropriate maintenance windows, and acknowledging that a certain amount of unscheduled downtime is inherent in internet based services such as the Service. We will perform the Service using reasonable skill and care. We offer no other warranty in respect of the Service, and all warranties which would otherwise be implied into the Terms by operation of law are excluded to the fullest extent permitted.
15.2 We may add or remove features from the Service from time to time. We will use reasonable endeavours to inform you of changes to features of the Service likely to have a significant impact on how you use it.
15.3 We are not responsible for a Recruiter’s acceptance or performance of a Jobs, nor for the payment of their salary or revenue.
15.4 If a dispute arises between a Recruiter and an Recruitment Company or Supplier, We may offer our assistance to resolve the matter, but We are under no obligation to achieve a compromise or resolution, and Recruiters, Recruitment Companys and Suppliers remain responsible for resolving disputes according to the contract between them.
15.5 Nothing in the Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
15.6 To the extent permitted by law, We exclude all conditions, warranties, representations, or other terms which may apply to our Service or any content on it, whether express or implied. 15.7 We will not be liable to any User for any indirect, additional, special, or consequential loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
15.7.1 use of, or inability to use, our Service;
or 15.7.2 use of or reliance on any content displayed on our Service.
15.8 Our total liability to you arising under or in connection with the Terms or the Service, regardless of liability, is limited to an amount equal to the total Fees you have paid to Us in the 12 months preceding the event (or last in the series of events) giving rise to such liability.
15.10 If you are a consumer, please note that We only provide our Service for domestic and private use. You agree not to use our Service for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
15.11 We may suspend or terminate your account with Us immediately:
15.11.1 if you breach the Terms;
15.11.2 if We reasonably believe it is necessary to protect our interests or those of other Users; 15.11.3 if you become bankrupt or insolvent; or
15.11.4 if you die or otherwise become incapable of performing your obligations under these terms.
15.12 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 our Service or to your downloading of any content on it, or on any website linked to it. 15.13 We assume no responsibility for the content of websites linked on our Service. 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.
16. Other important terms
16.1 No representation or other pre-contractual statement will have any legal effect unless (and solely to the extent that) it is repeated in the Terms.
16.3 The Terms are the terms of a service contract whereby We provide you with access to our Service. Nothing in the Terms will create any relationship of partnership, agency, or employment between us.
16.4 No waiver of any of the terms in the Terms will be valid unless We agree it in writing.
16.5 Neither you nor We will have any liability for any failure to perform any obligation under the Terms if and to the extent that failure is caused by a reason beyond reasonable control.
16.6 The Terms and all non-contractual obligations arising out of or in connection with them are governed by English law and subject to the exclusive jurisdiction of the English courts.