TERMS AND CONDITIONS


COVER ME - CLIENT (EMPLOYER) TERMS AND CONDITIONS
BACKGROUND:

These Terms and Conditions shall apply to the provision of Services by the Agency to the Client via the App.

In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Client or otherwise), the former shall prevail unless expressly otherwise agreed by the Agency in writing.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

      "Agency" means We’ve Got You Covered Limited T/A Cover Me a company registered in England & Wales under number 10947802 whose registered office is at 1907 Charrington Tower, Biscayne Avenue, London, England, E14 9BE;
      "App" means the Cover Me, owned and operated by the Agency;
      "Candidate" means any person introduced by the Agency to the Client via the App for an Engagement;
      "Client" means any person, firm or company including any associates or subsidiaries to whom a Candidate is introduced via the App;
      "Confidential Information" means any information concerning either Party and relating to its business methods, plans, systems, finances or projects; its trade secrets; its products or services; or any other information which is expressly described as confidential;
      "Engagement" means any employment, engagement or use by a Client of a Candidate whether part or full time, with or without a contract;
      "Introduction" an introduction will be deemed to have taken place where the Agency has provided a Client with any information concerning a Candidate, or where a Client interviews a Candidate following an instruction from a Client to locate a Candidate, via the App;
      "Introduction Fee" means the fee payable by the Client to the Agency in accordance with these Terms and Conditions, on the introduction of a Candidate to a Client which results in the Engagement of a Candidate; and
      "Services" means the employment agency services provided by the Agency to the Client, via the App, as set out in these Terms and Conditions.
    2. Unless the context otherwise requires, each reference in these Terms and Conditions to:

      1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

      2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

      3. “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

      4. a Schedule is a schedule to these Terms and Conditions; and

      5. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

      6. a "Party" or the "Parties" refer to the parties to these Terms and Conditions.

    3. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

    4. Words imparting the singular number shall include the plural and vice versa.

    5. References to any gender shall include the other gender.

  2. The Contract
    1. Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by a director of the Agency.

    2. No modification or change to these Terms and Conditions will be valid unless the details of any such changes are in writing, signed on behalf of the Agency and the Client, and state the date on or after which such new terms will apply.

    3. In the event that any part(s) of these Terms and Conditions or part thereof is declared to be invalid, unlawful, void or unenforceable then such terms or parts shall be severed and the remaining terms and conditions shall continue to be valid and enforceable to the fullest extent of the law.

    4. The Engagement or interviewing of a Candidate, by or on behalf of the Client, or the commencement of work or provision of services by a Candidate for the Client shall be deemed acceptance of these Terms and Conditions.

    5. These Terms and Conditions supersede all previous terms of business.

  3. Vacancies and Advertisements
    1. The Agency shall have the right to decline, cancel or otherwise remove any vacancy advertisement provided by the Client to the Agency for advertisement on the App at any time, for any reason and without giving prior notice to the Client.

    2. If any vacancy advertisement appears to demonstrate that the Client intends to discriminate on the grounds of gender, sexual orientation, race, religion or age, it will be declined unless the vacancy is exempted from the provisions of the Sex Discrimination Act 1975; the Employment Equality (Sexual Orientation) Regulations 2003; the Race Relations Act 1976; the Employment Equality (Religion and Belief) Regulations 2003; or the Employment Equality (Age) Regulations 2006. In the case of any applicable exemptions, the vacancy advertisement must be accompanied by a written statement explaining those exemptions and how they apply to the vacancy.

    3. If, in the opinion of the Agency, any vacancy advertisement indicates any illegal purposes on the part of the Client, the Agency may, without notice, report the vacancy and the Client to the relevant authorities. Such authorities may include, but are not limited to, the Department for Work and Pensions, ACAS, the Information Commissioner’s Office; and the Recruitment and Employment Confederation.

    4. Vacancy advertisements shall remain open and viewable by prospective Candidates for the period set by the Client via the App.

    5. All vacancy advertisements shall contain details of no more than one single vacancy. An additional listing can be created by the Client for each vacancy.

  4. The Agency’s Obligations
    1. The Agency shall use its best and reasonable endeavours, via the App, to find suitable and willing Candidates to fill such vacancies as are notified to the Agency by the Client.

    2. The Agency shall use its best and reasonable endeavours to ensure that all vacancy advertisements are published on the App on the date agreed with the Client.

    3. The Agency will endeavour to ensure that all Candidates introduced to the Client have the experience, qualifications, and authorisations which are required by the Client, by law or by any professional body, for the position(s) that the Client wishes to fill. In this regard, the Agency is reliant upon the information submitted to the App by the Candidates.

    4. At the same time as proposing a Candidate to the Client via the App, the Agency will inform the Client of such matters as detailed in sub-Clause 4.3 that the Agency has obtained confirmation of, via the information submitted by the Candidate to the App.

    5. The Agency will endeavour to take all reasonable steps to ensure that Clients and Candidates are aware of any requirements imposed by law or any professional body on the vacancy / vacancies that the Client seeks to fill. In this regard, the Agency is reliant upon the information submitted to the App by the Client.

    6. The Agency cannot guarantee to find a suitable Candidate for each vacancy and gives no warranties as to the suitability of any Candidate.

  5. The Client’s Obligations
    1. The Client shall, vis the App, provide to the Agency all information which is reasonably required for the Agency to provide the Services. The Client shall use its best and reasonable endeavours to ensure that such information is complete, accurate and up-to-date.

    2. The Client shall ensure that all information provided to the Agency, via the App, does not contain any material which could be regarded as offensive, indecent, obscene, illegal, dishonest, untruthful, defamatory or discriminatory.

    3. The Client shall ensure that all information provided to the Agency does not contain any material which infringes the rights of any third parties (including, but not limited to, intellectual property rights).

    4. The Client must provide the Agency, via the App, with details of the vacancies that the Client wishes to fill, which must include the type of work required, the date of commencement, the duration, the hours, rates of pay and location as well as the training, qualifications and other authorisations required by law, the Client and any professional or regulatory body for the position(s).

    5. The Client must inform the Agency, via the App, of any Health and Safety risks or requirements of the vacancies the Client wishes to fill, as well as the action taken by the Client to minimise and control such risks.

    6. The Client acknowledges that the Agency is under no obligation to provide the Services via the App until all required information has been provided by the Client in accordance with sub-Clause 5.1.

    7. The Client shall inform the Agency immediately in the event that any relevant information changes following the submission of that information to the Agency via the App.

    8. Subject to the provisions of sub-Clause 4.3, the Agency shall not verify or otherwise check any Candidate details, howsoever they may be provided to the Client.

    9. It shall be the sole responsibility of the Client to ensure that Candidates are suitable for the relevant vacancies and to obtain any references required.

    10. It shall be the sole responsibility of the Client to obtain any required permits (including, but not limited to, work permits).

    11. It shall be the sole responsibility of the Client to arrange for any required medical examinations or investigations.

    12. The Client must notify the Agency immediately of any offer of an Engagement that it makes to a Candidate.

    13. The Client must notify the Agency immediately of the acceptance of any offer of Engagement that is made to a Candidate and provide details of the Candidate’s remuneration, via the App.

    14. The Client must immediately, via the App, inform the Agency that a Candidate has been selected to fulfil a job.

    15. Notwithstanding sub-Clause 4.3 above the Client must satisfy itself as to the suitability of a Candidate for any vacancy, and the Client must be responsible for taking up references and checking the validity of qualifications.

    16. The Client is responsible for payment of remuneration to the Candidate.

  6. Fees and Payment

    The Agency shall charge the Client and the Client agrees to pay the Agency £1.00 per hour, for each hour (or part thereof) worked by a Candidate introduced to the Client by the Agency via the App. The Agency shall periodically raise invoices (initially weekly, but in future, at the Agency’s discretion, monthly) to the Client for such fees and the same shall be payable by the Client to the Agency upon the payment terms set out in the respective invoice.

  7. Confidentiality
    1. Each Party undertakes that, except as provided by sub-Clause 7.2 or as authorised in writing by the other Party, it shall, at all times:

      1. keep confidential all Confidential Information;

      2. not disclose any Confidential Information to any other party;

      3. not use any Confidential Information for any purpose other than as contemplated by and subject to these Terms and Conditions;

      4. not make any copies of, record in any way or part with possession of any Confidential Information; and

      5. ensure that none of its directors, officers, employees, agents or advisers does any act which, if done by that Party, would be a breach of the provisions of sub-Clauses 7.1.1 to 7.1.4 above.

    2. Either Party may:

      1. disclose any Confidential Information to:

        1. any sub-contractor or supplier of that Party;

        2. any governmental or other authority or regulatory body; or

        3. any employee or officer of that Party or of any of the aforementioned persons;

        to such extent only as is necessary for the purposes contemplated by these Terms and Conditions, or as required by law, and in each case subject to that Party first informing the person in question that the Confidential Information is confidential and (except where the disclosure is to any such body as is mentioned in sub-Clause 7.2.1.2 above or any authorised employee or officer of any such body) obtaining and submitting to the other Party a written undertaking from the person in question, as nearly as practicable in the terms of this Clause, to keep the Confidential Information confidential and to use it only for the purposes for which the disclosure is made; and

      2. use any Confidential Information for any purpose, or disclose it to any other person, to the extent only that it is, or has become, public knowledge through no fault of that Party, provided that in doing so that Party does not disclose any part of that Confidential Information which is not public knowledge.

    3. The provisions of this Clause 7 shall continue in force in accordance with their terms, notwithstanding the termination of these Terms and Conditions for any reason.

  8. Data Protection
    1. In this Clause 8:

      1. “Data Protection Legislation” means 1) unless and until GDPR is no longer directly applicable in the UK, GDPR and any national implementing laws, regulations, and secondary legislation (as amended from time to time), in the UK and subsequently 2) any legislation which succeeds GDPR;

      2. “GDPR” means EU Regulation 2016/679 General Data Protection Regulation; and

      3. “personal data” means personal data as defined in the Data Protection Legislation.

    2. All personal data that either Agency or the Client (“First Party”) may use will be collected, processed, and held by that First Party in accordance with the provisions of Data Protection Legislation and the rights under the Data Protection Legislation of the other party being, as the case may be, either the Agency or the Client (“Other Party”) and the rights under the Data Protection Legislation of any third party.

    3. For complete details of the First Party’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Other Party’s and any third party’s rights and how to exercise them, and personal data sharing (where applicable), the Other Party should refer to the Privacy Notice of the First Party ,available via the App.

  9. Liability

    With the exception of death or personal injury arising out of its own negligence, the Agency shall not be liable or responsible for any loss or damages of any nature whether direct or indirect including any loss of profits or any consequential damages suffered or incurred by the Client as a result of the Introduction of a Candidate to the Client by the Agency, the Engagement of a Client Introduced by the Agency or the failure of the Agency to Introduce any Candidate to the Client. The Client shall be responsible for paying a Candidate for any shifts worked for the Client by the Candidate and the Agency shall have no liability whatsoever in this regard.

  10. Indemnity

    The Client shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services or out of any breach of any part of these Terms and Conditions.

  11. Non-Circumvention

    The Client expressly agrees they will neither offer nor provide further shifts to the Candidate, save through the App. The Client expressly Agrees that such clause is both reasonable any necessary in order to protect the commercial interests of the Agency. In the event that the Agency becomes aware that Client has offered and/or the Candidate has taken further shifts with any Client, outside of the App, the Client shall be liable to the Agency for £1.00 per hour worked on shifts arranged outside of the App and agrees pay the Agency compensation, calculated on this basis, together with any reasonably incurred costs of recovery, to the Agency, on demand.

  12. Force Majeure

    Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

  13. Law and Jurisdiction
    1. These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

    2. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.


COVER ME - CANDIDATE TERMS AND CONDITIONS
BACKGROUND:

These Terms and Conditions shall apply to the provision of Services by the Agency to the Candidate via the App.

In the event of conflict between these Terms and Conditions and any other terms and conditions (of the Candidate or otherwise), the former shall prevail unless expressly otherwise agreed by the Agency in writing.

  1. Definitions and Interpretation
    1. In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:

      "Agency" means We’ve Got You Covered Limited T/A Cover Me a company registered in England & Wales under number 10947802 whose registered office is at 1907 Charrington Tower, Buscayne Avenue, London, England, E14 9BE;
      "Candidate" means any person using the Services for the purposes of finding employment;
      "App" means the Cover Me app, owned and operated by the Agency and published on the Apple App Store and Google Play Store;
      "Client" means any person, firm or company including any associates or subsidiaries to whom the Candidate may be introduced via the App;
      "Services" means the employment agency services provided by the Agency to the Candidate via the App as set out in these Terms and Conditions.
    2. Unless the context otherwise requires, each reference in these Terms and Conditions to:

      1. “writing”, and any cognate expression, includes a reference to any communication effected by electronic or facsimile transmission or similar means;

      2. a statute or a provision of a statute is a reference to that statute or provision as amended or re-enacted at the relevant time;

      3. “these Terms and Conditions” is a reference to these Terms and Conditions and each of the Schedules as amended or supplemented at the relevant time;

      4. a Schedule is a schedule to these Terms and Conditions; and

      5. a Clause or paragraph is a reference to a Clause of these Terms and Conditions (other than the Schedules) or a paragraph of the relevant Schedule; and

      6. a "Party" or the "Parties" refer to the parties to these Terms and Conditions.

    3. The headings used in these Terms and Conditions are for convenience only and shall have no effect upon the interpretation of these Terms and Conditions.

    4. Words imparting the singular number shall include the plural and vice versa.

    5. References to any gender shall include the other gender.

  2. The Contract
    1. Any and all business entered into by the Agency is subject to these Terms and Conditions and in the event of any conflict with any other Terms and Conditions these terms shall prevail unless agreed otherwise in writing by a Director of the Agency.

    2. The Candidate shall be deemed to have accepted and agreed to be bound by these Terms and Conditions upon either their submission of any information or data to the Agency via the App; or their making an application to a Client, whichever occurs first.

    3. The Agency may update these Terms and Conditions from time to time for legal or regulatory reasons. The Agency will make reasonable efforts to notify Clients and Candidates of any changes.

    4. These Terms and Conditions supersede all previous terms of business.

  3. The Services
    1. The Candidate shall have the facility to browse vacancy advertisements and apply for any vacancies that it so chooses via the App.

    2. The Agency shall provide its services to the Candidate as an employment agency, via the App, at no cost to the Candidate.

    3. The Agency shall inform the Candidate of any and all vacancies for which the Candidate is suitable and which meet the Candidate’s requirements exclusively by means of the App.

    4. Whilst the Agency shall use its best and reasonable endeavours to inform the Candidate of any and all vacancies that meet the Candidate’s requirements, it does not warrant and provides no guarantee that any such vacancies will be available or that the Candidate shall be informed of available vacancies unless the Candidate regularly logs into and reviews all job postings on the App.

    5. Whilst the Agency requires its Clients to ensure that all information provided to it via the App is complete, accurate and up-to-date, the Agency does not provide any warranty or guarantee of any kind that the vacancy advertisements and other information made available to the Candidate are complete, accurate and up-to-date.

  4. Candidate Information
    1. In order to use the Services via the App, the Candidate shall be required to provide details via the App which shall include, but not be limited to, those regarding their contact information, qualifications, training, experience, employment history and references. The Agency requires such details in order to match the Candidate with the appropriate Clients and vacancies.

    2. The Candidate must ensure that all information submitted to the Agency is, to the best of their knowledge, true, accurate, complete and up-to-date.

    3. In the event that the information submitted to the Agency becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Agency as soon as is reasonably possible.

    4. Where any of the information submitted to the Agency contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Agency prior to submitting the information.

  5. Applications
    1. When applying for a vacancy via the app, the Candidate must ensure that they:

      1. have read the complete details of the vacancy;

      2. understand the requirements of the vacancy;

      3. meet the requirements of the vacancy;

      4. possess any requisite qualifications or experience required by the vacancy; and

      5. have, if applicable, obtained or applied for any relevant permits or authorisations.

    2. When completing forms or any other application documents via the App the Candidate shall ensure that the details included on the form are to the best of their knowledge, true, accurate, complete and up-to-date.

    3. In the event that the information submitted to a Client via the App becomes incorrect, inaccurate, incomplete or out-of-date, the Candidate must submit appropriately revised information to the Client as soon as is reasonably possible via the App.

    4. Where any of the information submitted to a Client via the App contains details which may be used to identify a third party (including, but not limited to, referees), the Candidate must obtain the permission of that party to supply their details to the Client prior to submitting the information via the App.

    5. The Agency shall forward the Candidate’s details to Clients, via the App, for the purpose of the relevant vacancy only. In the event that the Candidate wishes to apply for multiple vacancies to the same Client, they must submit separate applications for each vacancy, via the App.

    6. The Agency reserves the right and the discretion to decline to forward applications to its Clients via the App if it considers them to be in breach of these Terms and Conditions.

  6. How We Use Your Personal Data (Data Protection)
    1. All personal information that the Agency may use will be collected, processed, and held in accordance with the provisions of EU Regulation 2016/679 General Data Protection Regulation (“GDPR”) and the Candidate’s rights under the GDPR.

    2. For complete details of the Agency’s collection, processing, storage, and retention of personal data including, but not limited to, the purpose(s) for which personal data is used, the legal basis or bases for using it, details of the Candidate’s rights and how to exercise them, and personal data sharing (where applicable), please refer to the Agency’s Privacy Notice available via the App.

  7. Liability
    1. The Agency shall not be liable for any of the following:

      1. The loss of any data, CV’s or other materials or information submitted by the Candidate via the App;

      2. Any errors or inaccuracies present in the information presented to Candidates including, but not limited to, vacancy advertisements via the App;

      3. The failure of the Candidate to secure employment with any of its Clients whether caused by the negligence of the Agency, its employees or agents, or any other cause;

      4. Any loss or damage of any kind, howsoever caused arising out of the negligence, misconduct, dishonesty, breach of faith or breach of contract on the part of any Client; and

      5. Any loss or damage of any kind, howsoever caused arising out of any material submitted to the Agency by the candidate.

    2. If the Agency is in breach of these Terms and Conditions, we will only be responsible for any losses to the extent that they are a foreseeable consequence to both of us. Our liability shall not in any event include business losses such as lost data, lost profits or business interruption.

    3. Nothing in these Terms and Conditions shall exclude or otherwise restrict the Agency’s liability for death or personal injury arising out of its own negligence.

  8. Indemnity

    The Candidate shall indemnify the Agency against any costs, liability, damages, loss, claims or proceedings which may arise out of its use of the Services via the App; its submission of any information set out in these Terms and Conditions into the App or any other information; any applications it may submit to any Client via the App; or any breach of any part of these Terms and Conditions.

  9. Force Majeure

    Neither Party to these Terms and Conditions shall be liable for any failure or delay in performing their obligations where such failure or delay results from any cause that is beyond the reasonable control of that Party. Such causes include, but are not limited to: power failure, Internet Service Provider failure, industrial action, civil unrest, fire, flood, storms, earthquakes, acts of terrorism, acts of war, governmental action or any other event that is beyond the control of the Party in question.

  10. Notices
    1. All notices under these Terms and Conditions shall be in writing and be deemed duly given if signed by, or on behalf of, a duly authorised officer of the Agency or by the Candidate.

    2. Notices shall be deemed to have been duly given:

      1. when delivered, if delivered by courier or other messenger (including registered mail) during the normal business hours of the recipient; or

      2. when sent, if transmitted by facsimile or e-mail and a successful transmission report or return receipt is generated; or

      3. on the fifth business day following mailing, if mailed by national ordinary mail, postage prepaid; or

      4. on the tenth business day following mailing, if mailed by airmail, postage prepaid.

    3. All notices under this Agreement shall be addressed to the most recent address, e-mail address, or facsimile number notified to the other Party.

  11. Non-Circumvention

    The Candidate expressly agrees they will neither seek nor accept further shifts with the Client, save through the App. The Candidate expressly Agrees that such clause is both reasonable any necessary in order to protect the commercial interests of the Agency. In the event that the Agency becomes aware that the Candidate has taken further shifts with any Client, outside of the App, the Candidate shall be liable to the Agency for £1.00 per hour worked on shifts arranged outside of the App and agrees pay the Agency compensation, calculated on this basis, together with any reasonably incurred costs of recovery, to the Agency, on demand.

  12. Relationship of Parties

    Nothing in these Terms and Conditions shall create, or be deemed to create, a partnership, the relationship of principal and agent, or of employer and employee between the Agency and the Candidate. The Candidate is responsible for collecting payment for any shifts worked from the Client and the Agency shall have no liability to the Candidate in this regard in any circumstances.

  13. Third Parties

    Nothing in these Terms and Conditions shall be enforceable under the Contracts (Rights of Third Parties) Act 1999 by any party that is not a party to these Terms and Conditions.

  14. Severance

    In the event that one or more of the provisions of these Terms and Conditions is found to be unlawful, invalid or otherwise unenforceable, that / those provisions shall be deemed severed from the remainder of these Terms and Conditions. The remainder of these Terms and Conditions shall be valid and enforceable.

  15. Modification
    1. The Agency may modify these Terms and Conditions at any time. In the event that modifications are made, details of them will be published forthwith via the App.

    2. If the Candidate does not agree to be bound by any modified terms and conditions the Agency may introduce, they should immediately cease using the Services and the App upon publication of those terms and conditions.

  16. Law and Jurisdiction
    1. These Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall be governed by, and construed in accordance with, the laws of England and Wales.

    2. Any dispute, controversy, proceedings or claim between the Parties relating to these Terms and Conditions (including any non-contractual matters and obligations arising therefrom or associated therewith) shall fall within the jurisdiction of the courts of England and Wales.