Terms & Conditions
Updated: July 2021
Haystack App Ltd.
The Haystack brand, website and application are owned and operated by Haystack App Limited.
1. Applicability of these terms
These terms and conditions (Terms) cover your use of our website www.haystackapp.io and our application, hereafter referred to collectively as the Services. Please read these Terms carefully before using the Services as they provide important details on who we are, how we make changes, how we provide the Services to you and what to do in the event of issues.
2. Who we are and how to get in touch
The Services are operated by Haystack App Limited (Haystack), a company registered in England and Wales with company number 12150812 and whose registered office is at 11 Lansdowne Terrace, Newcastle upon Tyne, England, NE3 1HN.
You can contact us using the above postal address or by email via firstname.lastname@example.org
3. Your acceptance of these terms
By using the Services, you confirm that you accept these Terms. If you do not agree to these Terms, you should not use the Services.
Our Privacy and Cookies Policy www.haystackapp.io/privacy-policy also applies when you use the Services. Please read this Policy carefully, as it provides details about how your personal information will be processed and your data-related rights.
4. Changes to these terms
We may revise these Terms at any time without notice. By using the Services, you are agreeing to be bound by the then current version of these Terms. If you do not agree to such changes, you should stop using the Services.
5. Who can use the Services
You can use the Services if you have received access in one of the following categories:
- Hiring User; a user who accesses the Services for the purposes of conducting recruitment activities on behalf of an employer
- Techie User; a user who accesses the Services for the purposes of finding and applying for employment opportunities
You acknowledge that we are an intermediary service provider and we are not therefore bound by any contract or agreement that may arise from time to time between employers and Techie Users.
The Services are not intended to be used by those who are under 13 years of age; if you are 13 or under you should not use the Services.
6. Hiring User Specifics
In order to use the Services as a Hiring User you must create an account and subsequently create a company profile. When creating your profile and job listings we will ask you for information related to your company and the types of Techie Users you seek. We may also allow you to use a third-party service to register. We reserve the right, in our sole discretion, to accept or reject your registration to use the Services. If your registration is accepted, you will be allowed to create a profile, create job listings and engage with Techie Users that have posted a profile to the Services.
As a Hiring User, you agree to keep all information obtained from Techie Users through use of the Services private and confidential. You also agree not to divulge the names, identities or personal details of any Techie Users listed on the Services at any time outside of your organisation, to take suitable physical, technical and administrative measures to safeguard content you obtain through use of the Services from loss, misuse, unauthorised access, disclosure, alteration or destruction and you also agree not to post, publicly release or distribute any job offers which you become aware of through the Services.
7. Availability and access
We shall use reasonable endeavours to make the Services available at all times. However, there may be occasions when access to the Services may be interrupted, including for scheduled upgrades or maintenance. We shall use reasonable endeavours to notify users of any scheduled upgrades or maintenance, and to schedule such upgrades or maintenance outside of typical business hours. You agree that we have no liability to you for such interruptions.
Following registration, you will be provided with an account. Your login information is confidential and you should not allow anyone else to use your login details. If you suspect that another person has access to your login details, please get in touch with us as quickly as possible. We may disable your login information if we reasonably suspect that it is being used by another person.
8. Acceptable use
You must not use the Services:
- In any way that is unlawful or fraudulent, or has any such purpose or effect
- To transmit any content, messaging or other material that is offensive, defamatory or otherwise objectionable
- To knowingly transmit any data, or send or upload any material, that contains worms, keystroke loggers, viruses, trojan horses, time-bombs, spyware, malware, adware or any other malicious programs or similar computer code designed to adversely affect the operation of any computer software or hardware, attempt to gain unauthorised access to the Services, the servers on which the Services are hosted or any database, server, or computer connected to the Services or to attack the Services via a distributed-denial-of-service-attack
- For the purpose of harming or attempting to harm others
- To transmit, knowingly send or receive, upload, download, use, re-use or otherwise make available any material which does not comply with our content standards set out in section 14 below
- To infringe intellectual property rights belonging to us or to any third-party
- To transmit, or procure the transmission of, spam, unauthorised advertising or promotional material or any other similar form of solicitation
- In a way that could disable, damage, unduly burden, impair or compromise our systems or security or interfere with other users
- To appropriate any information or data from the Services or our systems or attempt to decipher any transmissions to or from the servers running the Services
- In any way that breaches any applicable regulation or law
We may deny you access to the Services at any time in our absolute discretion and without any explanation or notification.
9. Data Protection
Any personal data you provide to us will be handled in accordance with our Privacy and Cookies Policy which can be accessed via https://haystackapp.io/privacy-policy/
For the purposes of data protection legislation, employers are controllers of any and all personal data that they collect from Techie Users through the Services. Employers acknowledge that they will process any such personal data in accordance with applicable data protection rules.
The materials provided through the Services are provided on an ‘as is’ basis. Whilst we aim to provide you with accurate information through the Services, we are unable to guarantee, nor do we represent or warrant that the information and content made available through the Services is up to date, accurate, complete, or verified. We accept no liability if you or any person or organisation relies upon or uses the information and/or content published through the Services.
11. Our intellectual property
We are the owner and licensee of all intellectual property in the Services, the technology used to provide the Services and any content offered through the Services.
When you use the Services, you must not:
- Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used in connection with the Services, or any part thereof
- Alter, modify or otherwise tamper with the whole or any part of the Services, or permit the Services or any part thereof to be amalgamated with, or to become incorporated in, any other website(s), programs and/or materials
- Provide or otherwise make available the Services in whole or in part (including object and source code), in any form to any person without prior written consent from us.
If you are a Techie User, you may download material from the Services for your personal use only and if you are a Hiring User, you may download material made available by us or other users for such purposes as are relevant for your user type. You must not otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the materials without our permission.
12. User content
The Services include information and content published by us together with information and content published by other users (User Content). If you upload any User Content, you agree to comply with the terms set out below.
When uploading User Content, you must not:
- Plagiarise content belonging to another
- Post or upload any personal information about others, (including images), where such content is not intended to be made available publicly or to other users, and
- Post or upload any User Content that is inappropriate or is otherwise in breach of these Terms, including the content standards set out below
You are wholly responsible for any and all User Content posted by you to the Services (including any message you send through the Services).
Any content you upload to the Services will be considered non-proprietary. You retain all of your ownership rights of your content, but you grant us and other users of the Services a perpetual and non-exclusive licence to process, use, store and copy that content.
We may moderate User Content that is posted or uploaded to the Services. However, we accept no responsibility for any User Content and reserve the right to remove, redact, edit or expunge any User Content at any time.
We reserve the right to disclose your identity to any third-party if we reasonably believe their claim that any content posted or uploaded by you to the Services constitutes a violation of their intellectual property rights, or of their right to privacy. We will not be responsible, or liable to any third-party, for the content or accuracy of any content posted by you or any user of the Services.
If you have any concerns about User Content please notify us immediately via email@example.com
13. User interactions
Where you interact with other users via the Services, those interactions are solely between you and the relevant user(s). Should any dispute arise between you, we will provide reasonable assistance to help you resolve the matter, be we will neither be liable to you, nor any other user.
We are under no obligation to oversee, monitor or moderate any interactive mechanism we provide through the Services, and we expressly exclude our liability for any loss or damage arising from the use of any interactive mechanism by a user in contravention of our content standards, whether the mechanism is moderated or not.
The use of any interactive mechanism(s) contained within the Services by a minor is subject to the consent of their parent or guardian. We advise parents who permit their children to use an interactive mechanism that it is important that they communicate with their children about their safety online, as moderation is not infallible. Minors who are using any interactive mechanism should be made aware of the potential risks to them.
Notwithstanding the above, and in accordance with our Privacy and Cookies Policy, the Services are targeted at persons over the age of 13. If a parent or guardian becomes aware that his or her child has provided personal data to us without consent, he or she should let us know using the contact details shown at section 2 above. If we have reason to believe that we hold personal data of a person under that age in our databases, we will delete that personal data.
14. Content standards
These content standards apply to any and all User Content which you post, upload or otherwise provide to the Services, and to any interactive mechanisms associated with those Services.
Any User Content must:
- Where opinions are stated, be genuinely held
- Where facts are stated, be accurate, and
- Comply with the law applicable in England and Wales and in any country from which the User Content originated
User Content must not:
- Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism
- Be obscene, offensive, hateful or inflammatory
- Be defamatory or blasphemous
- Infringe intellectual property rights of belonging to another person or entity
- Promote sexually explicit material, violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age
- Be deceptive
- Breach any legal duty owed to a third-party, such as confidentiality and contractual obligations
- Be threatening, abusive or invade another’s privacy
- Be likely to harass, alarm or embarrass any other person
- Advocate, promote, incite any party to commit, or assist any unlawful or criminal act including, for example purposes only, copyright infringement or computer misuse
- Be in contempt of Court
You fully indemnify us, our employees, officers, directors and other representatives, against any and all claims, costs and expenses which we may incur as a result of your acts or omissions in respect of the Services including, without limitation, your use of the Services and any content and/or your breach of any of your obligations under these Terms including but not limited to any claims alleging that your use of content or use of the Services in breach of these Terms infringes the rights of, or has caused harm to, a third-party, or violates applicable law.
16. Limitation of Liability
We can not guarantee that the Services will be free of errors, viruses, harmful materials or uninterrupted. You are responsible for ensuring that your computer, systems and associated equipment are compatible with the Services.
With the exception of any legal responsibility that we can not exclude in law (such as for death, personal injury arising from our negligence, or fraud or fraudulent misrepresentation), we are not legally responsible for:
- Business losses including, but not limited to any loss of profit, loss of business, business interruption or loss of business opportunity
- Losses that were not foreseeable to you and us when the contract was formed
- Losses arising from third-party use of the Services in contravention of these Terms, and
- Losses that were not caused by any breach on our part
We will not be liable for any loss or damage caused by a virus, distributed denial of service attack or other malicious material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Services or to your downloading any content drawn from it or from any other service(s), website(s), platform(s) and application(s) linked to it.
17. Linked sites
We make no representations whatsoever about other services, websites, platforms and applications. When you access any other service(s), website(s), platform(s) and application(s) through the Services you acknowledge that it is or they are independent of us and that we have no control over that or those service(s), website(s), platform(s) or application(s) and can accept no responsibility in relation to its or their content or availability, the service offered through it or them or the way you interact with it or them.
Any notification to you via email, post or notices or links on our Services shall constitute acceptable notification to you under these Terms.
We may transfer our rights and obligations under these Terms to another organisation.
20. Third-party rights
This contract is between you and us. No other person shall have any rights to enforce any of its terms.
21. No Waiver
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
Each of the sections of these Terms operates separately. If any Court or relevant authority decides that any of them are unlawful, the remaining sections will remain in full force and effect.
23. Law and Courts
These Terms, their subject matter and formation, are governed by English law. You, and we, agree that the courts of England shall have exclusive jurisdiction to hear any dispute arising out of or in connection with these Terms.