We like to keep things simple and transparent. Feel free to read all our T&C’s at your leisure but keeping it simple - just don’t abuse The Square platform or those on The Square. Be nice and share The Square - it has been designed and built especially for you. And if you have any ideas of how we can make it better, let us know.

 

So for those of you that want to read more, here’s the detail...

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Terms & Conditions

 

Firstly, thanks for choosing The Square Construction Tech Limited (“The Square”, “we”, “us”, “our”). By registering or otherwise using The Square services, Website, App and/or software applications (together, “The Square Service” or “Service”), or accessing any content or material that is made available by The Square through the Service (the “Content”) you are entering into a binding contract with The Square.

 

Use of The Square relies on several technical requirements.

 

Your Agreement (“Agreements”) with us includes these Terms & Conditions of Use (“Terms”) and our Privacy Policy. You hereby acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them on behalf of the company or other legal entity for which you are acting (for example as an employee) or if there is no company, on behalf of yourself as an individual and you represent and warrant that you the right, power and authority to act on behalf of and that you bind your company or yourself. If you do not agree with (or cannot comply with) the Agreements, then you may not use the The Square.

 

Please read the Agreements carefully.  They cover important information about The Square Services provided to you under what terms and conditions and any charges, taxes, and fees we bill you.  The Square platform provides free registration for candidates/workers (“Workers”) and businesses/employers (“Employers”). Charges do apply to Employers when Promoting Jobs. The Agreements include information about future changes to the Agreements, automatic renewals, limitations of liability, privacy information and waivers. Any information that you provide during Registration can be corrected during the Registration process by returning to the previous screens and correcting erroneous information or at a later stage by editing your Profile or Account Information once you have already Registered.

 

In order to use The Square and access the Content, you need to 1) be 16 years or older, 2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and 3) be resident in a country where The Square Service is available. You also warrant that any Registration information that you submit to The Square is true, accurate and complete and you agree to keep it that way at all times.

 

Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, your continued use of The Square after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you keep up to date with the the Terms of Conditions. If you do not wish to continue using The Square under the new version of the Agreements, you may terminate the Agreements by contacting us by email: hello@TheSquareApp.com.

 

1. Terms of use

1. 1. These terms of and conditions of use ("Terms of Use") set out the terms on which you may access and use our website (www.TheSquareApp.com) ("Website"), download and use the "The Square" mobile application ("App") and access our services, whether through the Website, the App, or made available by us or one of our group companies by any other means from ("Services").

   2. The Website and the App are owned and operated by The Square Construction Tech Limited ("The Square" /"we" / "us" / "our") or by one of our group companies, and are made available to you subject to these Terms of Use. Where you are a Worker the "Additional Worker Terms" will also apply to you and form part of these Terms of Use. Where you are a Business (Employer) the "Additional Business Terms" will also apply to you and form part of these Terms of Use. Services may be offered or provided by us or by one of our group companies. The use of certain Services offered through the Website or App may be subject to specific terms and conditions which may substitute, complete and / or modify these Terms of Use. Therefore, prior to the use of such services, you must also carefully read and accept the corresponding terms and conditions for those Services.

   3. By using the Website and/or the App and/or any Services, you are deemed to accept these Terms of Use and any additional terms and conditions which advise you apply to the Services you choose to receive. If you do not agree to this, you may not use the Website, the App or receive the relevant Services. The use of the Website or App means acceptance of the terms and conditions that apply when you access it. We therefore recommend that you periodically review these Terms of Use for any changes or updates.

   4. The Square Construction Tech Limited is a company registered in England and Wales under company number 10399961. Our registered address is 10 Finsbury Square, London EC2A 1AF.

 

2. Your use of the Website or App

2.1. You agree that you will not:

2.1.2. use the Website or App (or any part of the Website or App) to upload or transmit content that is illegal or to conduct illegal activities;

2.1.3. upload or transmit content to the Website or App (or any part of the Website or App) that does not meet the quality standards established by us;

2.1.4. upload or transmit content to the Website or App (or any part of the Website or App) that violates the fundamental rights of individuals, is discourteous, offensive or that does not meet our guidelines on what is appropriate;

2.1.5. use the Website or App (or any part of the Website or App) for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

2.1.6. upload, transmit or otherwise disseminate through the Website or App (or any part of the Website or App) : (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (ii) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, or that may cause annoyance, inconvenience or  anxiety, or have the effect of being harassing, threatening, abusive or hateful or that may otherwise degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or (iii) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner to post it), or reveals trade secrets (unless you own them or have permission of the owner) or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

2.1.7. use the Website or App (or any part of the Website or App) in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website or App is in any way impaired, including, without limitation, “overloading”, “flooding”, “spamming”, “mailbombing” or “crashing”;

2.1.8. send unsolicited email, including promotions or advertising of products or services; or

2.1.9. access or attempt to access any part of the Website or App that you are not authorized to access and you will not penetrate or attempt to penetrate Website or App security measures.

2.2. You agree that, in the event that you have any right, claim or action against any user of the Website or App arising out of that user's use of the Website or App, you will pursue such right, claim or action independently of, and without recourse to, us.

 

3. Rights we grant you

3.1. The Square App and Website, Service and the Content are the property The Square. We grant you a limited, non-exclusive, revocable licence to make use of The Square Service, and a limited, non-exclusive, revocable licence make use of the Content (the “Licence”). This Licence shall remain in effect until and unless terminated by you or The Square. You promise and agree that you are using the Content in accordance to the terms and conditions established within these Agreements.

3.2. The Square software applications and Content are licensed, not sold, to you, and The Square retains ownership of all copies of The Square software applications and Content even after installation on any devices (computers, mobile handsets, tablets, and/or other relevant devices (“Devices”).

3.3. All trademarks, service marks, trade names, logos, domain names, and any other features of The Square Service are the sole property of The Square.

3.4. You agree to abide by the Terms and not to use The Square Service, the content, or any part therefore in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, The Square grants no right, title, or interest to you in The Square Service or Content.

3.5. Third party software (for example CSCS Card Checker Software or Stripe) included in The Square service are licensed to you either under the Agreements or under the relevant third party software licence terms as published on the relevant third party’s website and/or on our Website and/or our App.

 

4. Third Party Applications

4.1 The Square is integrated with third party applications, websites and services (“Third Party Applications”) to make available content, products and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to those  terms and conditions and privacy policies. You understand and agree that The Square does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

 

5. Rights you grant us

5.1 In consideration for the rights granted to you under the Agreements, you grant us the right 1) to allow The Square service to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of The Square Service, 2) to provide advertising and other information to you, and 3) to allow our business partners to do the same. In any part of The Square Service, the Content you view, including its selection and placement may be influenced by commercial considerations, including agreements with third parties.

5.2 If you provide feedback, ideas or suggestions to The Square in connection with The Square or Content (“Feedback”), you acknowledge that the Feedback is not confidential and you authorize The Square to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

5.2 You grant The Square a non-exclusive, transferable, sub-licensable, royalty free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreement plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under the applicable law, you also agree to waive any “moral rights” (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

5.3. We have the right, but not the obligation, to monitor any activity and content associated with the Website and App. We may investigate any reported violation of these Terms of Use or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website or App).

5.4   We reserve the right to forward contact details to any regulatory authority (no limits for the  police) when we are so required. We can also forward your contact information when a complaint regarding your use of our Website, App or any of our Services and/or any User Content appears and provided that such use is deemed inconsistent with these Agreements or other applicable terms and conditions. Subject to this clause and others that may be required by law, we will not disclose your registration details to any third party without your consent.

5.5.  We shall have no liability for any delay in or failure to perform any or all of our obligations under these Terms of Use if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control including, without limitation, industrial disputes (where caused by events or circumstances which are themselves beyond our reasonable control), nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of suppliers or sub-contractors.

 

6. Service Limitations and Modifications

6.1. The Square will make reasonable efforts to keep The Square Service operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions and downtime.

6.2. The content, layout, usability and format of the Website and App may vary solely and exclusively at our discretion. To the extent permissible under applicable law, The Square reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the The Square Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of The Square Service or any function or feature thereof.

6.3. In the event our publication of the Website or the App is restricted, curtailed or prevented by any law, regulation, guideline, code or any other act or thing beyond our control, we may at any time, notwithstanding anything contained in these Agreements or any other terms and conditions applicable to the specific Services, terminate the Services in whole or in part without prejudice to our right to be paid by you any monies due at the date of such termination.

6.4. Notwithstanding the foregoing, if you have one off fees or Subscriptions that The Square permanently discontinues prior to the execution of the intended service of the one off fees or prior to end of the Paid Subscription period (defined in the Payments, cancellations, and cooling off section), The Square will refund the one off or subscription fees for the prepaid period effected, after such discontinuation. You understand, agree, and accept that The Square has no obligation to maintain, support, upgrade, or update the Service, or to provide all or any specific content through the Service. This section will be enforced to the extent permissible by applicable law. The Square and/or the owners of any Content may, from time to time, remove any such Content without notice to the extent permitted by applicable law.

6.5. We do not guarantee that a chargeable Service will remain chargeable or that a free-of-charge Service will remain free-of-charge.

6.6. We will use reasonable endeavours to publish all content submitted by you to us on the required date and relevant order but we do not accept any responsibility for any error or delay in publication or rejection of publication of content, for whatever reason.

6.7. We are not responsible for the publication, change, deletion, delay in publication or deletion of any content required by any competent authority with jurisdiction and responsibility for regulations on electronic and online advertising on the Internet (including without limitation the authority of Advertising Standards or other body that replaces it).

 

7. Electronic communications

7.1.  Acceptance of these Terms of Use and Agreements or specific terms and conditions for the use of any of our the Services, implies your express authorization for us to send you the electronic communications indicated in the following paragraph to your home, mobile phone and email address. Such authorization includes sending commercial and advertising communications related to products and services from us and other portals related to this platform as well as third parties and their portals (including our group companies). We currently send the following communications via in app messaging, email or mobile notification:

i) Suggestions, job matches, job offers, job acceptances, job bookings, job cancellations etc;

ii) Newsletters with tips for getting jobs, industry updates, reports, trends, etc.;

iii) commercial communications (for advertising, market research and with commercial prospects).

7.2. We provide two mechanisms by which users of our Services who so request to enable or deny service of electronic communications, can simply and freely activate and deactivate them at the moment of registration or via their home menu inside the Website or App. Users may also unsubscribe from the emails themselves at the bottom of the body of emails. To turn off notifications in the mobile application you can do this from the options of your own mobile device.

7.3. By completing and sending the electronic registration form you consent to us sending electronic communications.

 

8. Intellectual Property Rights

8.1. You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks and all other intellectual property rights) in all material or content supplied as part of the Website or App shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

8.2. You acknowledge and agree that the material and content contained in the Website or the App is made available for your personal or company use only, and that you may download such material and content onto only one device hard drive for such purpose. Any unsanctioned use of the material and content of the Website or the App is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, save, modify, reproduce, transmit, publish, display, distribute or use for any purposes, whether commercial or noncommercial, the Website, the App or any software and information contained within the Website or the App without our permission, except to the extent necessarily required in order for you to display, use and navigate the Website or the App. You agree not to decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, commercially exploit or create derivative works from the Website or the App.

8.3. By submitting information, text, photos, or other content to us via the Website or the App, you grant us a right to use such materials at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website or the App. You also grant us the right to verify any submitted information via any of our third party partners. Note that The Square is a registered and compliant member of the ICO (Information Commissioner’s Office).

8.4. The texts, designs, images, audio, databases, logos, structure, trademarks and other elements of the Website and App are protected by intellectual property rights and industrial rights of us and / or third party owners who have duly authorized their inclusion in the Website or App.

8.5. All intellectual property rights related to the Services and / or the Website and / or the App remain the property of us or our group companies or third parties who have licensed the use of such rights.

8.6. You may not reproduce, copy, modify, adapt, publish, transmit, distribute or otherwise commercially exploit any material which is the subject of intellectual property rights related to the Services and / or the Website and / or the App.

8.7. Links to and from other websites

8.7.1 You may establish links to the Website or App from locations outside the Website or App provided: (a) where linking to the Website, you link only to the home page of the Website; (b) you do not remove or obscure, advertisements, the copyright notice or other notices on the Website or App; (c) you give us notice of such link by sending an e-mail message to us at hello@TheSquareApp.com; (d) you do not link from a site or service that could be construed as distasteful or offensive or a site which infringes any third party intellectual property rights; and (e) you immediately stop providing links to the Website or App if notified by us to do so.

8.8. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including without limitation any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

8.9. You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing any or all of the content on the Website or App (by spidering or otherwise) and you may not frame, harvest or scrape any of the content on the Website or App or otherwise access such content for similar purposes.

 

9. User Content

9.1. The Square users may publish, upload, and/or contribute content onto The Square App or Website (which may include, for example, pictures, text, messages, information, worker ratings and/or other types of content) (“User Content”). For the avoidance of doubt, “User Content” includes any such content posted on The Square App or Website.

9.2. You promise that, with respect to any User Content you publish on The Square App or Website, 1) you have the right to post such User Content, and 2) such User Content, or its use by The Square as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by The Square or any entity or individual without express written consent from such individual or entity.

9.3. The Square may, but has no obligation to, monitor, review, or edit User Content. In all cases, The Square reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in The Square’s sole discretion, violates the Agreements. The Square may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

9.4. You are solely responsible for all User Content that you publish on The Square. The Square is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against The Square related to User Content that you have published, then, to the extent permissible under local law, you will indemnify and hold The Square harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) arising out of such claim.

9.5. We are not responsible for the accuracy or reliability of the information contained in the profiles of our database.

9.6. No protection or assurances against proximity to competitors on the Website or App is given by us.

 

10. Warranties and Limitation on Liability

10.1. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website or App and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

10.2. Whilst we will use reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not warrant that the information on the Website or App will be free from errors or omissions.

10.3. Whilst we will use reasonable endeavours to ensure a reasonable standard of integrity and reliability of the Website and App, we do not warrant that the Website or App will be available uninterrupted and in a fully operating condition.

10.4. Access to the Website or App may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control.

10.5. The Website and App are provided on an “as is” and “as available” basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website or App, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

10.6. We will co-operate with any competent law enforcement authorities or court order requesting or directing us to disclose information about you or your use of the Website or App. There may be other circumstances in which we may, in our reasonable discretion, disclose information about you or your use of the Website or App following a request to do so by legal counsel in good faith in relation to a dispute with you or a third party.

10.7. You agree that, to the extent permitted by application law, your sole and exclusive remedy for any problems or dissatisfaction with The Square is to uninstall any The Square software and stop using The Square. While The Square accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to The Square, for any problems or dissatisfaction with Third Party applications or the content thereof, is to uninstall and/or stop using any such third party applications.

10.8. To the fullest extent permitted by local law, in no event will The Square, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for 1) Any indirect, special, incidental, punitive, exemplary, or consequential damages; 2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use The Square service, third party applications, or third party application content, regardless or legal theory, without regard to whether The Square has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or 3) aggregate liability for all claims relating to The Square Service, third party applications, or third party content more than the amounts paid by you to The Square during the prior twelve (12) months in question, to the extent permissible by applicable local law.

10.9. Nothing in these Terms of Use shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or that of our employees or our agents.

 

11. Indemnity

11.1.  You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of these Terms of Use by you or any other liabilities arising out of your use of the Website or the App, or the use by any other person accessing the Website or the App using your account.

11.2. To the fullest extent permitted by applicable law, you agree to indemnify and hold The Square harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of: 1) your breach of this Agreement; 2) any User Content; 3) any activity in which you engage on or through The Square service; and 4) your violation of any law or the rights of a third party.

 

12. Severance and Waiver

12.1. If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining parts of these Terms of Use.

12.2. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of these Terms of Use.

 

13. Conflict of Terms

13.1. Other than stated in this section or as explicitly agreed upon in writing between you and The Square, the Agreements constitute all the terms and conditions agreed upon between you and The Square and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.  

13.2. In the event of any conflict between the interpretation of these Terms of Use and the interpretation of the Worker Terms and/or the Employer Terms, these Terms of Use shall prevail.

 

14. Third Party Rights

14.1. Except insofar as these Terms of Use expressly provide that a third party may in his own right enforce a term of these Terms of Use, a person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms of Use but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

14.2. You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and The Square, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

 

15. Assignment

15.1. The Square may assign the Agreements or any part of them, and The Square may delegate any of its obligations under the Agreements.

15.2  You may not assign the Agreements or any part of them, nor transfer or sublicense your rights under the Agreements, to any third party.

 

16. Governing Law and Jurisdiction

16.1. These Terms of Use, the jurisdiction clause contained in them and all non-contractual obligations arising in any way whatsoever out of or in connection with these terms and conditions, are governed by, construed and take effect in accordance with the laws of England and Wales.

16.2. The parties agree that the Courts of England and Wales have ish  exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with these Terms of Use.

 

17. Contact

17.1. If you have any questions about these Terms of Use or any other terms that apply to the Services that we offer you can write to us at hello@TheSquareApp.com.

 

18. What are Cookies and how does the Square use them?

18.1. Cookies are pieces of text stored by a website, application or ad you have seen in your browser or on your device. Like most websites we use cookies to provide you with a better, faster and safer user experience. Cookies will in no way cause spam, viruses, or spyware.

18.2. Websites use cookies to obtain statistical information and better understand their users’ behaviour. Cookies are stored on your computer but they are anonymous and do not track or store personal details.

18.3. We use cookies to improve user experience on our Website and App. Specifically we use cookies as: a security measure to avoid fraudulent activities and protect users; to identify the time users connect in order to understand users’ preferences and thus offer them the best job openings at the time of connection; and to better evaluate web performance and identify any bugs or errors.

18.4. We work with other website that also may store cookies in our user's computers. These websites include but are not limited to Visual Website Optimizer, Facebook, Google Analytics.

18.5. By browsing on the Website and using the App you are accepting our use of cookies. In the event that you prefer to disable cookies, you can do so by changing the preferences in your internet browser.

18.6. We treat any data collected by cookies as strictly confidential and we comply with all applicable laws with respect to our treatment and use of any such data.

18.7. We do not use "spamming " techniques and only processes the data that you transmit through the electronic forms on the Website or App.

 

19. Policy browser

19.1. Our platforms are compatible with previous, current and most recent of the most popular browsers versions and follow the HTML5 and CSS3 W3C standards. If your browser is not supported, you can access our website but you can have some display problems.

19.2. Our platforms require you to enable session cookies (it is recommended to enable cookies permanently) and JavaScript in your browser.

 

20. Confidentiality

20.1. You agree to maintain strict confidentiality of any data or information provided by us to you, to which you have access and / or which comes to light as a result of your use of the Website, the App or our Services, including all information relating to technical expertise, know-how, methodologies, products, services, customers or our business activities and you will not allow such information to be transferred or made accessible to third parties without our express authorization ("Confidential Information").

20.2. You shall not use any Confidential Information except in connection with the performance of the Services provided to you by us, or make any announcement relating to our provision of any Services to you, without our prior written approval.

20.3. This obligation of confidentiality will be extended to your staff and / or any other person involved in your receipt of the Services.

20.4. The confidentiality obligations set out in this clause shall remain in force during the term of this agreement, and subsist indefinitely.

 

21. Data Protection

21.1. You shall use the The Square Database as provided in these Terms and in any contract You have with The Square. You shall use the The Square Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from The Square Database to any third party, unless You are an authorised recruitment agency, staffing agency, advertising or other agency or using the CV explicitly for employment purposes.

 

22. Additional Worker Terms

 

22.1. Your registration and right to cancel

22.1.1. If you are a candidate seeking to receive details of job vacancies through the App or Website (a "Worker") you will need to register and create an account with us through the "I'm a Worker" section of the App or Website and submit your details to the App or Website.

22.1.2. In order to register and set up your account you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the App or Website, we may require you to change your password or we may suspend your account.

22.1.3. Once you have registered, you may update your contact details, remove your details/resume details from the App or Website or unsubscribe from job alerts by accessing your profile section of the App or Website.

22.1.4. You agree to ensure that your details provided on registration, and any information submitted through your account is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive.

22.1.5. During any periods when you are unavailable to be put forward as a Worker for any immediate jobs, you must update your status as ‘Just Looking’ by clicking the appropriate Availability box on the "My Account" screen.

22.1.6. You agree to notify us immediately of any changes which are relevant to your registration by informing us through the App or Website where possible or otherwise by emailing us at: hello@TheSquareApp.com.

22.1.7. You can cancel your registration at any time by emailing us at: hello@TheSquareApp.com. This shall not affect your statutory rights.

22.2. Our Rights Following Registration

22.2.1. By providing us with your personal information on registration, you agree that we and our group companies can contact you by phone or email or any other appropriate means regarding your account.

22.2.2. By submitting any content to the App or Website, you grant us and our group companies a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right and licence to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such content. Where such content includes your Resume details this will only be in relation to your use of the Services and in accordance with any additional terms and conditions which expressly apply to such Services. We reserve the right to make inactive or delete at any time and without prior notice any content on the App or Website. In the event that we make inactive or delete any of your content on the App or Website we shall use reasonable endeavours, but are not obliged, to contact you in advance.

22.2.3. We reserve the right to remove any content from the App or Website (including without limitation any Resume details or information relating to a job vacancy) which we deem to be inaccurate, misleading, deceptive, likely to mislead or deceive or of an unacceptable standard.

22.2.4. We may suspend or cancel your registration immediately if you breach any of your obligations under these Terms of Use or under any other terms and conditions which apply to any services provided to you, or otherwise at our reasonable discretion.

22.2.5. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your content (including without limitation any Resume Details) from the App or Website and immediate termination of your registration with or without ability to access the App, Website and/or any service provided to you by us, upon any breach by you of the Terms of Use, Worker Engagement Terms or any other terms and conditions applicable to your use of any services provided by us or any of our group companies, if we are unable to verify or authenticate any consent you submit to the App or Website.

22.3. Available Services

22.3.1. As a Worker you will have access to the following services:

i) free Worker Registration to the App or Website;

ii) services and management tools for job matchers through the App or Website;

iii) customized profile;

iiii) to be matched to companies through the database of workers registered with us or any of our group companies;

v) to be selected and proposed as an available worker for specific positions posted on the App or Website;

vi) free reception of offers from the App or Website;

vii) updated notifications of recruitment and training promotions;

viii) other services that we create and consider of interest to you as advice, training, professional networking, forums, access to third party services or those offered by other companies.

22.3.2. Where you are offered a specific position posted on the App or Website you will be engaged by the potential employer to provide your services and the following will apply:

i) you will negotiate the terms of your engagement or employment with that employer, we will not be involved in the process;

ii) you must advise us that you have accepted a position that you found via the App or Website; and

iii) you may be offered additional services to assist you with that arrangement and where additional services are made available, the specific terms relating to those services will also apply;

22.4. Ratings & Reviews

22.4.1. The Square collects Ratings & Reviews of Workers. We collect Ratings & Reviews based on a score for professional qualities of Workers. We also may collect a free comment about the professional performance. The Square performs quality control over the information gathered, especially in the free text fields, to ensure that the principle of data quality is observed and that they are not excessive or disproportionate considering the intended purpose.

22.5. Source of data

22.5.1. Ratings & Reviews compiled by The Square are facilitated by former employers of Workers. Contact details of these employers are provided by the worker themselves. The worker guarantees that all information provided to The Square regarding former employers and their opinions has their consent for distribution in our platform.

22.6. Purpose of data

22.6.1. The purpose of collecting data is the elaboration of the Worker’s professional profile. The data will not be used for any other purpose than specified.

22.7. Data recipients

22.7.1. The recipients of the data will be The Square’s user businesses in whose offers the Worker has registered or that receive the Worker’s profile as a suggestion by The Square due to the fit with the required profile.

22.8. Worker rights

22.8.1. Workers cannot withdraw online content related to Ratings & Reviews themselves. Therefore, in order to exercise your rights of access, rectification, cancellation and opposition, you can send an email detailing your complaint to hello@TheSquareApp.com.

 

Additional Employer Terms

 

23. 1. Your Registration and right to Cancel

23.1. If you are an employer seeking to find Workers through the Website or App (or otherwise through services provided by us or one of our group companies) (a "Business") you will need to register and create an account with us through the "Register as an employer" / "I'm a Company" section of the Website or App, or otherwise as instructed by us or one of our group companies.

23.1.2. In order to register and set up your account you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the Website or App, we may require you to change your password or we may suspend your account.

23.1.3. Once you have registered, you may update your business details by accessing your account through the Website or the App.

23.1.4. You agree to ensure that your details provided on registration are true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive.

23.1.5. You agree to notify us immediately of any changes which are relevant to your registration by informing us through the Website or the App where possible or otherwise by emailing us at: hello@TheSquareApp.com.

23.1.6. You can cancel your subscription at any time. Once you have cancelled your subscription, you will continue to be able to upload job promotions, get matched and hire workers (within the specified monthly limitations) until the end of your monthly billing period. We do not provide refunds or credits for any partial-month membership periods or unused job promotions, matches or hires.

23.1.7. You may be able to reinstate your subscription providing payment is made.

23.1.8. If you wish for your registration details to be removed from The Square App or Website, you can do so by emailing us at: hello@TheSquareApp.com. This shall not affect your statutory rights.

any agreed discounts shall cease to apply;

23.2. Your Obligations

23.2.1 You are solely responsible for the form, completeness and accuracy of any content submitted to the Website or App or to us.

23.2.2. You will only submit content that is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive.

23.2.3. Any and all job advertisements that you submit shall relate to specific and genuine job opportunities that were available at the time of posting.

23.2.4 By submitting content, you permit any user of the Website or App to view, store and reproduce such content for personal use.

23.2.5. You will ensure that all content submitted by you complies with all applicable laws including, but not limited to, the Sex Discrimination Act 1975, Race Relations Act 1976, Disability Discrimination Act 1995, Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation Regulations) 2003 and Employment Equality (Age) Regulations 2006 and any other statutory or common law requirements relating to discrimination. You will also ensure that all content complies with the minimum requirements set out in Regulation 27 of the Conduct of Employment Agencies and Employment Businesses Regulations 2003.

23.3. Our Rights Following Registration

23.3.1. By providing us with information about your business on registration, you agree that we and our group companies can contact you by phone or email or other appropriate means regarding your account.

23.3.2. By submitting any content to the Website or App, you grant us and our group companies a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right and licence to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such content.

23.3.3. We reserve the right to remove any content (including without limitation any information relating to a job vacancy) which we deem to be inaccurate, misleading, deceptive, likely to mislead or deceive or of an unacceptable standard.

23.3.4. We may suspend or cancel your registration immediately if you breach any of your obligations under these Terms of Use or under any other terms and conditions which apply to any Services provided to you, or otherwise at our reasonable discretion.

23.3.5. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your content from the Website or the App and immediate termination of your registration with or without ability to access the Website or the App and/or any Service provided to you by us, upon any breach by you of the Terms of Use, or any other terms and conditions applicable to your use of any services provided by us or any of our group companies, if we are unable to verify or authenticate any consent you submit to the Website or the App.

23.4. Available Services

23.4.1. As a Business you will be able to access to the following Services. (These options are subject to payment):

i) Advertising Options;

ii) Post a Job;

iii) Access to Workers Profiles;

iiii) Worker matching, offering, interviewing/booking and cancelling

23.4.2. As a Business we may also offer to you additional Services that are not immediately available to you on registration and for which you will need to apply and be granted access in order to use them. The availability of any additional Services will be at our discretion and may require additional approvals or verifications or conditions to be complied with before you are permitted to use them.

23.4.3. Where additional Services are made available, the specific terms relating to those Services will also apply.

23.4.4. We may suspend or cancel your registration immediately if you breach any of your obligations under these Terms of Use or under any other terms and conditions which apply to any Services provided to you, or otherwise at our reasonable discretion.

23.2. Payment Options

23.2.1. The Square Services require payment before you can access them. Service details can be found on our website and/or App.

23.3.Trials

23.3.1. From time to time, we or others on our behalf may offer trials of paid subscriptions for a specified period without payment or at a reduced rate (a “Trial”). The Square reserves the right, in its absolute discretion, to determine your eligibility for a Trial, and, subject to applicable laws, to withdraw or to modify a Trial at any time without prior notice and with no liability, to the greatest extent permitted under the law.

23.3.2. For some Trials, we will require you to provide your payment details to start the Trial. At the end of such Trials, we may automatically start to charge your for the applicable paid subscription on the first day following the end of the trial, on a recurring monthly basis. By providing your payment details in conjunction with the trial, you agree to this charge using payment details. If you do not want this charge, you must cancel the applicable paid subscription through your account on The Square before the end of your trial. If you do not want to continue to be charged on a recurring monthly basis, you must cancel the applicable paid subscription through your account on The Square. Paid subscriptions cannot be terminated before the end of the period for which you have already paid, and except as expressly provided in these terms, The Square will not refund any fees that you have already paid.

23.4. Payments, Cancellations and Cooling-off

23.4.1. Paid Subscriptions can be purchased directly from The Square. When you register for a Paid Subscription, Trial or Promotional Offer, you consent to get access to The Square immediately. If you reside outside the United States and register for a Paid Subscription, you may change your mind for any or no reason and receive a full refund of all monies paid within fourteen (14) days starting from the day you sign-up for the relevant service (the “Cooling-off Period”). Refunds will not, however, be provided if you have accessed The Square at any time during the Cooling-off period. 23.4.1 Your payment to The Square will automatically renew at the end of the subscription period, unless you cancel your Paid Subscription through your Account on The Square before the end of the current subscription period. The cancellation will take effect the day after the last day of your current subscription period.

23.4.2. If you cancel your payment or Paid Subscription and/or terminate any of the Agreements 1) after you have accessed The Square during the Cooling-off Period, or 2) after the Cooling-off Period is over (where applicable), or 3) before the end of the current subscription period, we will not refund any subscription fees already paid to us. The refund method will depend upon the payment method. If you wish to receive a full refund of all monies paid before the Cooling-off Period is over you must email: hello@TheSquareApp.com within the Cooling-off period.

23.4.3. The Square may change the price and / or the terms for the Paid Subscriptions or one off payments from time to time and will communicate any price changes to you in advance and, if applicable, how to accept those changes. Price and / or term changes for Paid Subscriptions will take effect at the start of the next subscription period following the date of the price change. As permitted by local law, you accept the new price and / or terms by continuing to use The Square subscription service after the price and / or term change takes effect. If you do not accept the new price and / or term changes, you have the right to reject the change by unsubscribing from The Square subscription service prior to the price and / or term change going into effect. Please therefore make sure you read any such notification of price changes carefully.

23.4.4. The Agreements will continue to apply to you until terminated by either you or The Square. However, you acknowledge and agree that the perpetual licence granted to you in relation to User Content, including rating and feedback, is irrevocable and will therefore continue after expiry or termination of any of the Agreements for any reason. The Square may terminate the Agreements or suspend your access to  The Square at any time, including in the event of your actual or suspected unauthorised use of  The Square Service and/or Content, or non-compliance with the Agreements.

23.4.5. If you or The Square terminate the Agreements, or if The Square suspends your access to  The Square, you agree that The Square shall have no liability or responsibility to you and The Square will not refund any amounts that you have already paid, the fullest extent permitted under applicable law.

23.5. Prices

23.5.1. You must pay us the applicable price for the Services provided to you.

23.5.2. Prices for any Services will be specified in the App or on the Website or agreed separately with you. Pricing may be deemed confidential, in which case, must not be disclosed by you to any other person.

23.5.3. We reserve the right to modify our prices at any time on our discretion. Advance notice will be given of any changes and no changes will be applied retroactively.

23.5.4. All prices exclude VAT.

23.6. Warranties and Representations

23.6.1. You represent and warrant to us that:

i) you have the power and authority to enter into the Terms of Use and grant all rights granted or purported to be granted and fully perform your obligations hereunder;

ii) you have or will have obtained prior to transmission all necessary rights, consents, licences, clearances and waivers in relation to the content (including without limitation any musical recordings and compositions contained in the content) to enable us to publish the Content on the Website or the App and you shall be solely responsible for any and all payments due to third parties as a result of such publication;

iii) no content will constitute an invitation or inducement to engage in investment activity within the meaning of the Financial Services and Markets Act 2000;

iii) you shall not send directly or indirectly, a cookie (being a packet or piece of data or other information sent by a web server to a client device, to be stored on that client device and which is sent back to that web server each time the client device makes additional requests from that web server) to the device of any user of the Website or App who accesses the content, irrespective of whether any such device has been enabled by such user to receive cookies; and

iiii) you have a valid notification under, and have and will comply with all relevant requirements of the General Data Protection Regulation (EU) 2016/679) and the Data Protection Act, and have and will comply with all relevant requirements of the Privacy and Electronic Communications (EC Directive) Regulations 2003 and any guidance issued by the Information Commissioner in relation to obtaining, storing and use of personal data derived from using the Services, viewers of content or otherwise in connection with these Terms of Use.

23.7. Publicity and job Promotions

23.7.1. You shall not without our prior consent claim any association with us or use our name, mark or logo or otherwise refer to us or our services or publish any information in connection with any job advertisement which has been published or is scheduled for publication.

23.7.2. We shall provide the Services using information and criteria supplied by you. It is your responsibility to provide accurate and updated information.

23.7.3. We wish to provide an excellent service to Workers registered on the App or Website. In order to provide this service, we set several conditions in order to consider job promotions posted by Businesses as valid. You must comply with these conditions. Failure to follow these conditions will be deemed as a breach of this Agreement and your Account may be suspended or terminated and you may not be entitled to a refund. The conditions relating to the content and job promotion posts are:

i) we do not accept intermediaries in the field of HR or any company that is not ultimately responsible for hiring the candidate;

ii) we do not accept companies that only pay the employee in the form of commissions;

iii) we do not accept affiliate networks that seek to increase its user database;

iiii) we do not accept companies that require any initial investment or payment of any kind from the candidate;

v) we do not accept companies with multi level sales schemes;

vi) we do not accept companies whose job promotions are not the real job being offered;

vii) we do not accept companies whose commercial activity revolves around sex, tarot, gambling, personal relationships or weapons;

viii) we do not accept companies without valid tax ID.

ix)  the description of the job promotion must be clear and must be descriptive. It is recommended to include at least: a) a brief introduction to your business activities; b) functions or responsibilities of the position; c) worker qualification, skill and types of experience requirements; d) working hours, start date, finish date and other conditions;

23.7.4. You accept to deal fairly and professionally with Workers and not to do anything which may bring us or any of our group companies into disrepute. In case there is any complaint by a candidate against us as a result of breach of this obligation or any other clause that is part of these the Terms of Use, we reserve the right to claim damages from you.

23.7.5. While we may conduct some checks, we do not guarantee any response to the job promotions posted on the App or Website or that the answers given by the Workers are from people qualified for the position advertised. You are responsible for carrying out all the controls and procedures necessary to ensure that Workers are suitable for the job advertised and that Workers have the required qualifications and personal characteristics that fit the description provided.

23.7.6. We may withdraw any job promotion that contains links to a web page that, in our opinion, is unlawful, defamatory, offensive, fraudulent, violent, discriminatory, obscene or sexually explicit or that may affect our reputation. You will indemnify us from and against any claim or liability caused by the content of job promotions or any links published as part of any job promotions.​