Our end-user licence agreement and terms of use (version 1.0 – last updated 06-11-2024)

THESE TERMS

1.1 What these terms cover. These are the terms and conditions (Terms) on which we supply services to you whether via www.mynewterm.com (Our Website) or via our “MyNewTerm” app (collectively Our App). By accessing, browsing, or otherwise using Our App by any means and via whatever device or registering your details with us, you agree to abide by the terms and conditions of these Terms.

1.2 Why you should read them. Please read these Terms carefully before you use Our App or use our Services. If you think that there is a mistake in these Terms, please contact us to discuss and do not use Our App or our Services.

1.3 Changes to these Terms. This version was last updated on 06-11-2024. We may need to change these Terms to reflect changes in law or best practice or to deal with additional features which we introduce. We will give you notice of any change by sending you an e-mail or an SMS with details of the change or notifying you of a change when you next start Our App. If you continuing using Our App after being notified of changes to these Terms then you will be deemed to have accepted the updated Terms.

INFORMATION ABOUT US AND HOW TO CONTACT US

2.1 Who we are. We are Eduvocation Ltd (trading as MyNewTerm), a company registered in England and Wales. Our company registration number is 09678975 and our registered office is Suite 132, Enterprise House Wrest Park, Silsoe, Bedfordshire, England, MK45 4HR. Our brand name is “MyNewTerm”.

2.2 How to contact us. You can contact us by e-mailing hello@mynewterm.com or writing to us at MyNewTerm, Suite 132, Enterprise House, Wrest Park, Silsoe, Bedfordshire, MK45 4HR.

2.3 How we may contact you. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us or by way of SMS.

2.4 "Writing" includes emails. When we use the words "writing" or "written" in these terms, this includes emails and SMS.

LICENCE

3.1 Licence. We licence you to use:

1. the “MyNewTerm” mobile application software, the data supplied with Our App and any updates or supplements to it;
2. any related online or electronic documentation (Documentation); and
3. the service you connect to via Our App and the content we provide to you through Our App (Services),

as permitted in these Terms.

3.2 App store's terms may also apply. The ways in which you can use Our App and Documentation may also be controlled by the rules and policies of the app store where you downloaded Our App so you should carefully review those terms.

OPERATING SYSTEM REQUIREMENTS

To use the Services, you are required to have a desktop computer, Apple, or Android device, with a modern web browser. You are also required to have an active and reasonably reliable/stable internet connection.

HOW YOU MAY USE OUR APP

5.1 How you may use Our App. In return for your agreeing to comply with these Terms you may:

1. download a copy of Our App on your device and view, use and display Our App and the Services on such device;
2. use any Documentation to support your permitted use of Our App and the Services; and
3. receive and use any free supplementary software code or update of Our App incorporating "patches" and corrections of errors as we may provide to you.

5.2 You may not transfer Our App to anyone else. We are giving you personally the right to use Our App and the Services as set out in Clause 5.1 above. You may not transfer Our App or any Services to someone else, whether for money, for anything else or for free. If you sell any device on which Our App is installed, you must first remove Our App from it.

5.3 If someone else owns the phone or device you are owning. If you downloaded Our App onto any phone or other device not owned by you, you must have the owner's permission to do so. You will be responsible for complying with these Terms, whether or not you own such phone or other device.

UPDATES TO OUR APP AND CHANGES TO THE SERVICES

From time to time, we may automatically update Our App and change the Services to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively, we may ask you to update Our App for these reasons. If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using Our App and the Services. Our App will always work with the current version of your devices operating system (as it may be updated from time to time) and match the description of it provided to you when you downloaded it.

YOUR ACCOUNT

7.1 User account. You will be required to set up an account with us (User Account) if you wish to use Our App and access the full features of Our App and Services. To obtain a User Account, you are required to complete a registration process. You hereby represent to us that all information submitted to us during the registration process is accurate and true and you undertake to keep your registration information up to date.

7.2 Children. If we have to contact you, we will do so by telephone or by writing to you at the email address or postal address you have provided to us or by way of SMS.

7.3 Responsibility for your User Account. You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. This includes keeping your User Account details secret such as your User Account ID and password and not allowing other users to use your User Account. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms.

7.4 App permissions. You are responsible for maintaining the confidentiality of your User Account and password and for restricting access to your system and User Account. This includes keeping your User Account details secret such as your User Account ID and password and not allowing other users to use your User Account. You agree to notify us immediately if you have any reason to believe the security of your User Account has been compromised, including if you believe that your password has become known to anyone else or if your password is being, or is likely to be, used in an unauthorised manner. You must log off each time at the end of the session. We shall bear no liability for any harm, loss or damage resulting from your failure to comply with the requirements of these Terms.

7.5 Closure or suspension of your User Account. You acknowledge and agree that we shall be entitled to terminate or suspend your User Account at our sole discretion without any notice to you in the event of your breach of these Terms or without any reason. You understand that termination of your User Account may lead to blocking, deletion, and limitation of your access to content, materials, information, and files uploaded, shared, submitted, and made available in association with your User Account, as well as access to some or all of the Services.

THE SERVICES AND FEES

8.1 Services. MyNewTerm helps employers to increase candidate attraction and save on the cost to recruit, while also making it easy for candidates to apply online, from any device.

8.2 Fees. Candidates do not pay for the Services. Employers pay for the Services as set out in separate terms and conditions agreed with such employers.

8.3 Third party websites. Our App or the Services may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or services offered by them.

8.4 Our App is only intended to be used within the United Kingdom. Our App is only intended to be used within the United Kingdom.

8.5 Your consumer rights. Your consumer rights are not affected in any way by using Our App. Any services that we provide to you must be provided with reasonable care and skill and we are under a legal duty to supply services and digital content that are in conformity with our contract with you. If the Services are not carried out with reasonable care and skill, you can ask us to repeat the Services or to fix the Services.

8.6 Circumstances beyond the control of us or you. If the event of any failure by either of us due to something outside of the respective party’s reasonable control, then that party will advise the other party as soon as reasonably practicable, and the party's obligations will be suspended so far as is reasonable, provided that that party will act reasonably, and the party will not be liable for any failure which it could not reasonably avoid.

INTELLECTUAL PROPERTY; LICENCE RESTRICTIONS

9.1 Intellectual property. We are the owner or the licensee of all intellectual property rights in Our App, in the material published on it, the Documentation and all of our publications and visual representations and designs whether published online or on our products (Our IP). Those works are protected by copyright laws and treaties around the world. All such rights are reserved. You have no intellectual property rights in, or to, Our App, the Documentation, or the Services other than the right to use them in accordance with these Terms. You must not use any part of Our IP for commercial purposes without obtaining a written licence to do so from us.

9.2 Prohibited actions. You agree that you will:.

1. not sell, resell, rent, lease, sub-license, loan, publish, distribute, redistribute, provide, or otherwise make available, Our App in any form, in whole or in part, to any person without prior written consent from us;
2. not copy Our App except as part of the normal use of Our App or where it is necessary for the purpose of back-up or operational security;
3. not translate, merge, edit, adapt, vary, alter, or modify, the whole or any part of Our App nor permit Our App or any part of it to be combined with, or become incorporated in, any other programs, applications or digital content;
4. not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of Our App;
5. not attempt to, or assist, authorise, or encourage any person to circumvent, disable or defeat, interfere with or disrupt the safety, security or performance of Our App;
6. not access or use the source code of Our App; and
7. comply with all applicable technology control, export control and trade sanctions laws and regulations relating to Our App.

9.3 Acceptable use restrictions. You must not (or permit or assist others to):

1. use Our App in any unlawful manner, for any unlawful purpose, or in any manner inconsistent with these Terms, or act fraudulently or maliciously, for example, by hacking into or inserting malicious code, such as viruses, or harmful data, into Our App, the Services, or any operating system;
2. infringe our intellectual property rights or those of any third party in relation to your use of Our App, including by the submission of any content or material (to the extent that such use is not licensed by these Terms);
3. treat, interact with, or communicate with any other user of Our App or our staff in a way, which is unlawful, or can reasonably be considered to be offensive, harmful, threatening, intimidating, abusive, harassing, menacing, hateful, or racially or ethnically offensive, discriminatory or inflammatory; or
4. use Our App in a way that could damage, disable, overburden, impair or compromise Our App or our systems or security or interfere with other users of Our App.

9.4 No text or data mining, or web scraping: You shall not conduct, facilitate, authorise, or permit any text or data mining or web scraping in relation to Our Website or any services provided via, or in relation to, Our Website for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising, or attempting the use of):

1. any ‘robot’, ‘bot’, ‘spider’, ‘scraper’ or other automated device, program, tool, algorithm, code, process, or methodology to access, obtain, copy, monitor or republish any portion of Our Website or any data, content, information, or services accessed via the same; or
2. any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends, and correlations.

The provisions in this Clause 9.4 should be treated as an express reservation of our rights in this regard. You shall not use, and we do not consent to the use of, Our Website, or any data published by, or contained in, or accessible via, Our Website or any services provided via, or in relation to, Our Website for the purposes of developing, training, fine-tuning, or validating any AI system or model.

This Clause 9.4 will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

9.5 Links to Our Website. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Employers may link directly to their respective employer careers page(s) and/or individual job vacancies. You must not establish a link to our site in any website that is not owned by you. We reserve the right to withdraw linking permission without notice. You should not assume that because you reached Our Website via a link from a third party site that we have given its consent to such a link. If you wish to make any use of content on Our Website other than that set out above, please contact us by emailing hello@mynewterm.com.com or writing to us at MyNewTerm, Suite 132, Enterprise House, Wrest Park, Silsoe, Bedfordshire, MK45 4HR.

9.6 We do not guarantee availability of Our App. We will use reasonable skill and care to provide Our App to you and to keep Our App safe, secure, and error-free but we do not promise that your use of Our App will be safe, secure, uninterrupted or error-free. We will use reasonable endeavours to maintain the availability of Our App to you, but we do not guarantee 100% availability. For example, Our App may become temporarily unavailable for maintenance, repairs, updates, upgrades, or due to network or equipment failures. Although we make reasonable efforts to update the information provided by Our App and the Services, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete, or up to date.

9.7 Back-up content and data used with Our App. We recommend that you back up any content and data used in connection with Our App to protect yourself in case of problems with Our App or the Services.

9.8 Check that Our App and the Services are suitable for you. Our App and the Services have not been developed to meet your individual requirements. Please check that the facilities and functions of the Our App and the Services (as described on the app store site and in the Documentation) meet your requirements.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

10.1 As you are a consumer, we are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these Terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen. We shall not be liable to you, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, for any loss of profit, or any indirect or consequential loss, arising under or in connection with these Terms and our total liability to you for all other losses arising under or in connection with these Terms, whether in contract, tort (including negligence), misrepresentation, restitution or otherwise, shall not exceed £500.

10.2 We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents, or subcontractors or for fraud or fraudulent misrepresentation.

10.3 We are not liable for business losses. We will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

10.4 Warranty: We warrant that the Services you purchase will be performed with reasonable care and skill within the meaning of section 13 of the Sale of Goods and Services Act 1982 and be free from material defects at the time the services are completed. Except as set out in this Clause 10.4, we give no warranties and make no representations in relation to the services or digital content, and all warranties and conditions (including the conditions implied by sections 13–15 of the Sale of Goods Act 1979 and sections 12–16 of the Supply of Goods and Services Act 1982, and any implied terms relating to the ability to achieve a particular result), whether express or implied by statute, common law or otherwise are excluded to the extent permitted by law.

10.5 We are not responsible for events outside our control. If our provision of the Services or support for Our App or the Services is delayed by an event outside our control, then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Services you have paid for but not received (if relevant).

HOW WE MAY USE YOUR PERSONAL INFORMATION

11.1 How we may use your personal information. Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in https://www.mynewterm.com/privacy-policy and we will only use your personal information as set out in our Privacy Policy.

11.2 Internet transmissions are never completely secure. Please be aware that internet transmissions are never completely private or secure and that any message or information you send using Our App may be read or intercepted by others, even if there is a special notice that a particular transmission is encrypted.

TERMINATION

12.1 You end our contract. You may close your User Account and stop using Our App at any time.

12.2 We end our contract. We may end your rights to use Our App and to access the Services at any time by contacting you if you have broken these Terms in a serious way. If what you have done can be put right, we will give you a reasonable opportunity to do so. If we end your rights to use Our App and to access the Services, then:

1. you must stop all activities authorised by these Terms, including your use of Our App and any Services; and
2. you must delete or remove Our App from all devices in your possession.

OTHER IMPORTANT TERMS

13.1 We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

13.2 You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under these Terms to another person if we agree to this in writing.

13.3 Nobody else has any rights under this contract. This contract is between you and us. No other person shall have any rights to enforce any of these Terms.

13.4 If a court finds part of this contract illegal, the rest will continue in force. Each of the paragraphs of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

13.5 Even if we delay in enforcing this contract, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these Terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

13.6 Which laws apply to this contract and where you may bring legal proceedings. These Terms are governed by English law, and you can bring legal proceedings in the English courts. If you live in Scotland, you can bring legal proceedings in either the Scottish or the English courts. If you live in Northern Ireland, you can bring legal proceedings in either the Northern Irish or the English courts.

13.7 Alternative dispute resolution. Alternative dispute resolution is a process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. If you are not happy with how we have handled any complaint, you may want to contact the alternative dispute resolution provider we use. You can submit a complaint to CEDR (or the Centre for Effective Dispute Resolution) via their website at https://www.cedr.com/. CEDR will not charge you for making a complaint and if you are not satisfied with the outcome you can still bring legal proceedings.

© MyNewTerm 2024