This User Agreement describes the terms and conditions on which you are allowed to use our Website and our services.
In this User Agreement:
"Account" means the account you open when you register on the Website.
"Organisation" means a User that investigates and connects with the Candidate Candidate through the Application.
"Mumbu", "we", "our", or "us" means Everyone2Work Limited (company no: 7626699) of 14a Waterside Business Park, Livingstone Road, Hessle, East Yorkshire, HU13 0EG the trading entity for Mumbu.
"Inactive Account" means a User Account that has not been logged into for a continuous 3 month period.
"Intellectual Property Rights" means any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, data bases, Registered and unregistered trade marks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
"Candidate" means a User that registers as a Candidate through the Application.
"Candidate Services" means all services provided by the Candidate.
"User", "you" or "your" means the Organisation or the Candidate or an individual who visits or uses the website
"Website" means the websites operated by Mumbu and available at: Mumbu.com, mumbu.co.uk, mumbu.uk.
By accessing and/or using the Website, you the User agree to the following terms with Mumbu.
We may amend this User Agreement and any linked information from time to time by posting amended terms on the Website.
The Website is an online venue where Organisations and Candidates can search and find each other for the purposes of providing Candidate Services pursuant to a User Contract. Organisations and Candidates must register for an Account in order to be able to access search functionality and initiate connections.
Before using the Mumbu Website, we recommend that you read the whole User Agreement, the Website policies and all linked information.
You will not use the Mumbu Website if you:
- are not able to form legally binding contracts; or
- are under the age of 16; or
- a person barred from receiving and rendering services under the laws of England and Wales or other applicable jurisdiction; or
- are suspended from using the Mumbu Website.
Users may provide a business name or organisation name, which is to be associated with the User's Account. Users acknowledge and agree that where a business or organisation name is associated with their Account, this User Agreement is a contract with the User as an individual (not the business or company) and Users remain solely responsible for all activity undertaken in respect of their Account.
We may, at our absolute discretion, refuse to register a person or corporate entity as a User.
4. Using Mumbu
While using the Mumbu Website, you will not:
- post content or items in inappropriate categories or areas on our websites and services;
- infringe any laws, third party rights or our policies;
- fail to comply with your obligations created between Candidate and Organisation;
- the Organisation may not share or sell or exploit (in any way) Candidate data or Candidate data bases the Organisation has obtained from the use of the Website with any third party.
- where applicable circumvent or manipulate our fee structure, the billing process, or fees owed to Mumbu;
- post false, inaccurate, misleading, defamatory or offensive content (including personal information);
- take any action that may undermine the feedback or reputation systems (such as displaying, importing or exporting feedback information or using it for purposes unrelated to the Mumbu Website);
- transfer your Mumbu account (including feedback) and Username to another party without our consent;
- distribute or post spam, unsolicited, or bulk electronic communications, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm Mumbu, the Website, or the interests or property of Mumbu users (including their Intellectual Property Rights, privacy and publicity rights) or is unlawful, threatening, abusive, defamatory, invasive of privacy, vulgar, obscene, profane or which may harass or cause distress or inconvenience to, or incite hatred of, any person;
- download and aggregate listings from our website for display with listings from other websites without our express written permission, "frame", "mirror" or otherwise incorporate any part of the Website into any other website without our prior written authorisation;
- attempt to modify, translate, adapt, edit, decompile, disassemble, or reverse engineer any software programs used by us in connection with the Mumbu Website;
- copy, modify or distribute rights or content from the Mumbu Website or Mumbu's copyrights and trademarks; or
- harvest or otherwise collect information about Users, including email addresses for purposes other than as described in clause 1, without their consent.
5. Intellectual Property Rights infringement
It is our policy to promptly respond to clear notices of alleged intellectual property rights infringement. If you believe that your Intellectual Property Rights have been violated, please notify us on email@example.com and we will investigate.
We may charge fees for certain Mumbu services. In the event we charge for our services said charges will be set out in our Fees and Charges Schedule, which we may change from time to time and will update you by placing on our Website.
We may choose to temporarily change the fees for our services for promotional events (for example, discounts on memberships) or new services, and such changes are effective when we post the temporary promotional event or new service on the Websites.
Unless otherwise stated the provision of our services are free.
You are responsible for paying any taxes, including any goods and services or value added taxes, which may be applicable to you and the services you procure or provide.
You must also comply with your obligations under income tax provisions and you hereby agree to indemnify us against all losses we incur as a result of your breach of this clause 7.
8. Data Protection
Both the Organisation and Candidate will at all times fully adhere to the Data Protection Act 1998 (as amended).
The Candidate acknowledges and agrees that in order to benefit from this Website the Candidate will need to provide and share personal data with an Organisation and in doing so the Candidate acknowledges and agrees that Mumbu takes no responsibility or liability arising from any misuse of the Candidate's personal data by the Organisation or by any other third party accessing the Website.
We may display your company or Organisation name, logo, images or other media, and public description of your profile as part of the Mumbu Services and/or other marketing materials relating to the Mumbu Website, except where you have explicitly requested that we do not do this and we have agreed to such request.
When you give us content, you grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable (through multiple tiers) right to exercise any and all copyright, trademark, publicity, and database rights (but no other rights) you have in the content, in any media known now or in the future.
You acknowledge and agree that: (1) we only act as a portal for the online distribution and publication of User content. We make no warranty that User content is actually made available on the Website. We have the right (but not the obligation) to take any action deemed appropriate by us with respect to your User content; (2) we have no responsibility or liability for the deletion or failure to store any content, whether or not the content was actually made available on the Website; and (3) any and all content submitted to the Website is subject to our approval. We may reject, approve or modify your User content at our sole discretion.
You represent and warrant that your content:
- will not infringe upon or misappropriate any copyright, patent, trademark, trade secret, or other intellectual property right or proprietary right or right of publicity or privacy of any person;
- will not violate any law or regulation;
- will not be defamatory or trade libellous;
- will not be obscene or contain child pornography;
- will not contain the development, design, manufacture or production of missiles, or nuclear, chemical or biological weapons
- will not contain material linked to terrorist activities
- will not include incomplete, false or inaccurate information about User or any other individual; and
- will not contain any viruses or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information.
You acknowledge and agree that we may transfer your personal information to a related body corporate and your information may be transferred outside of Great Britain and the EU. If you wish to withdraw your consent, you acknowledge and agree that we may be unable to provide you with access to the Website and Mumbu Services and may close your Account.
Information on the Website may contain general information about legal, financial, health and other matters. The information is not advice, and should not be treated as such. You must not rely on the information on the Website as an alternative to professional advice. If you have specific questions about any matter you should consult your professional adviser.
We provide unmonitored access to third party content, including User feedback and articles with original content and opinions (or links to such third party content). We only act as a portal and have no liability based on, or related to, third party content on the Website, whether arising under the laws of copyright or other intellectual property, defamation, libel, privacy, obscenity, or any other legal discipline.
The Website may contain links to other third party websites. We do not control the websites to which we link from the Website. We do not endorse the content, products, services, practices, policies or performance of the websites we link to from the Website. Use of third party content, links to third party content and/or websites is at your risk.
You may not do (or omit to do) anything that may undermine the integrity or reputation of Mumbu and its trading company Everyone2Work Limited.
Unless otherwise agreed with us, you must not advertise an external website, product or service on the Website. Any website address posted on the Website, including in a profile listing, must relate to your profile or ability to secure connections.
We may display sponsor advertisements and promotions on the Website. You acknowledge and agree that we shall not be responsible for any loss or damage of any kind incurred by you as a result of the presence of such advertisements/ promotions in the Website or your subsequent dealings with the advertisers. Furthermore, you acknowledge and agree that content of sponsor advertisements or promotions is protected by copyrights, trademarks, service marks, patents or other intellectual property or proprietary rights and laws. Unless expressly authorised by Mumbu or third party right holders, you agree not to modify, sell, distribute, appropriate or create derivative works based on such advertisement/promotions.
Legal notices must be served on Mumbu (in the case of Mumbu) or to the email address you provide to Mumbu during the registration process (in your case). Notice will be deemed given 24 hours after email is sent, unless the sending party is notified that the email address is invalid or that the email has not been delivered. Alternatively, we may give you legal notice by mail to the address provided by you during the registration process. In such case, notice will be deemed given three days after the date of mailing.
14. Right to Review
We may read all correspondence posted to the Website and download or access, and test (if necessary), all uploaded files, programs and websites related to your use of the Website for the purpose of investigating fraud and for risk management and related purposes.
15. Know Your Customer
You authorise us, directly or through third parties, to make any inquiries we consider necessary to validate your identity. You must, at our request: (1) provide further information to us, which may include your date of birth and other information that will allow us to reasonably identify you; (2) take steps to confirm ownership of your email address or financial instruments; or (3) verify your information against third party databases or through other sources.
You must also, at our request, provide copies of identification documents (such as your drivers' licence). We may also ask you to provide photographic identification holding a sign with a code that we provide as an additional identity verification step.
We reserve the right to close, suspend, or limit access to your Account, the Website and/or Mumbu Services in the event we are unable to obtain or verify to our satisfaction the information which we request under this section.
16. User Contract
Where the Organisation and Candidate decide to procure and supply Candidate Services then the Organisation and the Candidate will contract directly with each other under a separate contract to govern the relationship between the Organisation and Candidate (the "User Contract").
Mumbu will not be party to the User Contract and accordingly Mumbu will not be liable under any circumstances under the User Contract to either the Organisation or Candidate. The Organisation and Candidate agree not to enter into any contractual provisions in the User Contract that will conflict with the User Agreement.
17. Inactive Accounts
User Accounts that have not been logged into for a continuous period may be closed by us without further notice.
18. Right to Refuse Service
We may close, suspend or limit your access to your Account without reason. Without limiting the foregoing, we may close, suspend or limit your access to your Account:
- if we determine that you have breached, or are acting in breach of, this User Agreement;
- if we determine that you have breached legal liabilities (actual or potential), including infringing someone else's Intellectual Property Rights;
- if we determine that you have engaged, or are engaging, in fraudulent, or illegal activities;
- you do not respond to account verification requests;
- you do not complete account verification when requested within 1 months of the date of request;
- if required by Law or the Authorities;
- to manage any risk of loss to us, a User, or any other person; or
- we believe your use of the Website may damage our reputation; or
- for other similar reasons.
If we close your Account due to your breach of this User Agreement, you may also become liable for certain fees or damages as described in this User Agreement.
Without limiting our other remedies, to the extent you have breached this User Agreement, you must pay us all fees owed to us and reimburse us for all losses and costs (including any and all of our employee time) and reasonable expenses (including legal fees) related to investigating such breach and collecting such fees.
In the event that we close your Account, you will have no claim whatsoever against us in respect of any such suspension or termination of your Account.
19. Disputes Resolution
If a dispute arises between you and Mumbu, our goal is to address your concerns and, if we are unable to do so to your satisfaction, to provide you with a means of resolving the dispute quickly. We strongly encourage you to first contact us directly to seek a resolution by emailing us at firstname.lastname@example.org.
For any claim, Mumbu may elect to resolve the dispute in a cost effective manner through binding non-appearance-based arbitration. If Mumbu elects arbitration, such arbitration will be initiated through an established alternative dispute resolution (ADR) provider, which is to be selected by you from a panel of ADR providers that Mumbu will provide to you.
All claims you bring against Mumbu must be resolved in accordance with the terms of this Agreement. All claims filed or brought contrary to this User Agreement shall be considered improperly filed and a breach of this User Agreement. Should you file a claim contrary to the terms of this User Agreement, Mumbu may recover its legal fees and costs (including in-house lawyers and paralegals), provided that Mumbu has notified you in writing of the improperly filed claim, and you have failed to promptly withdraw the claim.
If any proceeding by or against you is commenced under any provision of any bankruptcy or insolvency law, Mumbu will be entitled to recover all reasonable costs or expenses (including reasonable legal fees and expenses) incurred in connection with the enforcement of this Agreement.
Mumbu's failure to act with respect to a breach by you or others does not waive our right to act with respect to subsequent or similar breaches.
If you have a dispute with one or more Users, you release us (and our officers, directors, agents, subsidiaries, joint ventures and employees) from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes.
21. Access and Interference
You agree that you will not use any robot, spider, scraper or other automated means to access the Mumbu Website for any purpose without our express written permission.
Additionally, you agree that you will not:
- take any action that imposes or may impose (in our sole discretion, exercised reasonably) an unreasonable or disproportionately large load on our infrastructure;
- interfere with, damage, manipulate, disrupt, disable, modify, overburden, or impair any device, software system or network connected to or used (by you or us) in relation to the Mumbu Website or your Account, or assist any other person to do any of these things, or take any action that imposes, or may impose, in our discretion, an unreasonable or disproportionately large load on our infrastructure;
- copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from the website's without the prior express written permission of Mumbu and the appropriate third party, as applicable;
- interfere or attempt to interfere with the proper working of the website's, services or tools, or any activities conducted on or with the website's, services or tools; or
- bypass our robot exclusion headers or other measures we may use to prevent or restrict access to the Website.
22. Closing Your Account
You may close your Account at any time by emailing us at email@example.com, subject to resolving any outstanding matters (such as a suspension or restriction on your Account); and paying any outstanding fees owing on the Account.
You will indemnify us (and our officers, directors, agents, subsidiaries, joint venturers and employees) against any claim or demand or damages (direct or indirect), including legal fees and costs, made against us by any third party due to or arising out of your breach of this User Agreement, or your infringement of any law or the rights of a third party in the course of using the Mumbu Website and Mumbu Services.
In addition, we can apply any funds in your Account against any liabilities you owe to us or loss suffered by us as a result of your non-performance or breach of this User Agreement.
You must immediately notify us upon becoming aware of any unauthorised access or any other security breach to the Website, your Account or the Mumbu services and do everything possible to mitigate the unauthorised access or security breach (including preserving evidence and notifying appropriate authorities). You are solely responsible for securing your password. We will not be liable for any loss or damage arising from unathourised access of your account resulting from your failure to secure your password.
26. No Warranty
We do not offer any form of insurance, or other Organisation or Candidate protection.
Because User identification on the internet is difficult, we cannot and do not confirm each User's purported identity. We may provide information about a User, such as a strength or risk score, geographical location, or third party background check or verification of identity or credentials. However, such information is based solely on data that the User submits and we provide such information solely for the convenience of Users and the provision of such information is not an introduction, endorsement or recommendation by us.
The Website is a dynamic time-sensitive website. As such, information on the Website will change frequently. It is possible that some information could be considered offensive, harmful, inaccurate or misleading or mislabelled or deceptively labelled accidently by us or accidentally or purposefully by a third party.
Our Services, the Website and all content on it are provided on an 'as is', 'with all faults' and 'as available' basis and without warranties of any kind either express or implied. Without limiting the foregoing, we make no representation or warranty about:
- the Website or any Candidate Services or Mumbu Services;
- the accuracy, reliability, availability, veracity, timeliness or content of the Website or any Candidate Services or Mumbu Services;
- whether the Website or Candidate Services or Mumbu Services will be up-to-date, uninterrupted, secure, error-free or non-misleading;
- whether defects in the Website will be corrected;
- whether the Website, the Candidate Services or the Mumbu Services or any data, content or material will be backed up or whether business continuity arrangements are in place in respect of the Website, Candidate Services or Mumbu Services;
- any third party agreements or any guarantee of business gained by you through the Website, Candidate Services or Mumbu Services or us; or
- the Website, Candidate Services or Mumbu Services or infrastructure on which they are based, being error or malicious code free, secure, confidential or performing at any particular standard or having any particular function.
To the extent permitted by law, we specifically disclaim any implied warranties of title, merchantability, fitness for a particular purpose, quality, suitability and non-infringement.
27. Limitation of Liability
In no event shall we, our related entities, our affiliates or directors or staff be liable, whether in contract, warranty, tort (including negligence), or any other form of liability, for:
- any indirect, special, incidental or consequential damages that may be incurred by you;
- any loss of income, business or profits (whether direct or indirect) that may be incurred by you;
- any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving the Website.
The limitations on our liability to you above shall apply whether or not we, our related entities, our affiliates or staff have been advised of the possibility of such losses or damages arising.
Notwithstanding the above provisions, nothing in this User Agreement is intended to limit or exclude any liability which Mumbu may not exclude by English Law.
Notwithstanding the above our total aggregate liability under this User Agreement (howsoever arising) shall be limited fifty pounds sterling.
To the extent that we are able to limit the remedies available under this User Agreement, we expressly limit our liability for breach of a non-excludable condition or warranty implied by virtue of any legislation to the following remedies (the choice of which is to be at our sole discretion) to the supply of the Mumbu services again or the payment of the cost of having the Mumbu services supplied again.
28. General Provisions
This Agreement will be governed in all respects by the laws of England and Wales. We encourage you to try and resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved then you and Mumbu irrevocably submit to the exclusive jurisdiction of the English Courts.
The provisions of this User Agreement are severable, and if any provision of this User Agreement is held to be invalid or unenforceable, such provision may be removed and the remaining provisions will be enforced. This User Agreement may be assigned by us to an associated entity at any time, or to a third party without your consent in the event of a sale or other transfer of some or all of our assets. In the event of any sale or transfer you will remain bound by this User Agreement.
Headings are for reference purposes only and in no way define, limit, construe or describe the scope or extent of such section.
Our failure to act with respect to an anticipated or actual breach by you or others does not waive our right to act with respect to subsequent or similar breaches. Nothing in this section shall exclude or restrict your liability arising out of fraud or fraudulent misrepresentation.
You consent to receive notices and information from us in respect of the Website and Services by electronic communication. You may withdraw this consent at any time, but if you do so we may choose to suspend or close your Account.
It is important to read and understand all our policies as they provide the rules for trading on the Mumbu website. Each of these policies may be changed from time to time. Changes take effect when we post them on the Mumbu website. When using particular services on our website, you are subject to any posted policies or rules applicable to services you use through the website, which may be posted from time to time. All such policies or rules are incorporated into this User Agreement.
This Agreement contains the entire understanding and agreement between you and Mumbu.
If you have any questions about this User Agreement or if you wish to report breaches of this User Agreement, please contact us at firstname.lastname@example.org.
This User Agreement was last modified on 22nd September 2014.