These Terms were most recently updated on: 2020/10/09
To make it easier for you to navigate these Terms, we have set them out in three sections:
PART A: INTRODUCTION
PART B: PROVISIONS SPECIFIC FOR EMPLOYERS
PART C: GENERAL
Information about us
Registered company name: Craft Technology Limited, trading as Otta registered in England and Wales under Company number 11794989 and whose registered office is: Cannon Place, 78 Cannon Street, London, United Kingdom, EC4N 6AF (hereinafter, "Otta", "we", "us" or "our").
You can contact us anytime by emailing firstname.lastname@example.org or by writing to us at our registered office address above or calling 0203 824 1941 (or such other contact details as we may notify to you from time to time).
What is our site?
We provide an online platform that provides individual users who are seeking employment opportunities ("Candidate(s)") with a job search product and also connects Candidates with Employers (as defined in clause 3 below).
When the product is used as intended, interactions on the Website occur between Candidates and Employers. You acknowledge that Otta is not directly involved in or otherwise an agent or party to any transaction that may take place between a Candidate and an Employer.
Acceptance of Terms & Conditions
By you visiting this Website as a person, company or unincorporated body (whether or not having separate legal personality) that is interested in hiring Candidates ("Employer", "you" or "your"), and whether or not you become a registered user of the Website or not, you accept these Terms and you agree to comply with these Terms. If you do not agree with these Terms, then you must immediately stop using the Website.
We reserve the right to change the Terms by posting the new version to this page and, where appropriate, by notifying you of such change via email. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. You can review the current version of the Terms which apply to your use of the Website at any time on this page.
In consideration of you agreeing to abide by the Terms, we hereby grant to you a non-exclusive, non-transferable, licence to use the Website.
We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities. We do not guarantee that our Website, or any content on it, will always be available uninterrupted or error free and we reserve the right to withdraw, suspend or amend the services or functionality that we provide on the Website without notice for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable if for any reason the Website is unavailable at any time or for any period.
If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these the Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at email@example.com
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of service attack. If you do so, you may be committing a criminal offence under the Computer Misuse Act 1990. We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.
You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy.
If you wish to link to or make any use of content on our Website other than that set out above, please contact firstname.lastname@example.org
Registration: Creating an Account and a Profile
In order to use the Website as an Employer you must register and create an account on the Website (“Account”). To be eligible for an Account you must be at least 18 years old. We reserve the right, in our sole discretion, to accept or reject your registration for an Account. If your registration is accepted by us, you will be allocated an Account.
In registering for an Account on the Website, you agree: (1) to provide true, accurate, current, and complete information about yourself; and (2) to maintain and promptly update the information to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You are permitted to manage/edit your Employer profile, update and edit job listings for example by updating salary ranges.
If you provide any content on the Website (via your Account, or via any of your interactions within the Website) that is untrue, inaccurate, not current, or incomplete, or Otta has reasonable grounds to suspect that any such content is untrue, inaccurate, not current or incomplete, Otta has the right to remove such content, suspend or terminate your Account and refuse any and all current or future use of the Website without notice to you.
You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You undertake that your login may only be used by you and a login shared by multiple people is not permitted. You agree not to create an Account or use the Website if you have been previously removed by Otta, or if you have been previously banned from the Website. Otta has the right to verify each email address linked to each Employer Account. Accounts will only be activated following Otta’s email verification procedure.
Otta has the right to suspend or terminate your Account and refuse any and all current or future use of the Website at any time and for any reason.
Obligations and rights of Employers
As an Employer, you can find and message Candidates through the Website.
When you view, send, store or receive information (including CVs and messages) through or using the Website, Otta may, for example, use such information for its internal business purposes including but not limited to data analysis, quality control, or to refine the Website or any other product or service (including to provide better search results and other listings for Candidates and Employers), whether via automated means or otherwise.
You may receive messages, emails or email notifications corresponding with your activity on or use of the Website. In all cases, such messages or notifications are provided solely as a courtesy. Otta disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
You shall indemnify, keep indemnified, defend and hold harmless Otta, its agents, affiliates, and licensors from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims or any other liabilities arising out of any Account created by you, any job advert posted directly by you, any message sent by you or any other content or material that is uploaded to, or access via, the Website.
Confidentiality and Data Protection
As an Employer, you agree to keep confidential all information gained from Candidates through use of our Website (including but not limited to names, identities or personal information of any Candidates), together with all other information which is of a private, proprietary or confidential nature (“Confidential Information”). You agree to: (1) not disclose the Confidential Information to any person other than your employees who have reasonable need to know the information in connection with the potential recruitment of the Candidate (and provided always that you ensure that such employees are bound by obligations of confidentiality no less strict than this clause 7 and you remain responsible with their compliance with this clause 7) and not to anyone outside of your organisation; (2) take appropriate physical, technical and administrative measures to protect the Confidential Information from loss, misuse, unauthorised access, disclosure, alteration or destruction. If requested by us, you shall immediately return or destroy (as directed by us) all Confidential Information.
You agree that for the purposes of applicable data protection legislation including but not limited to the Data Protection Act 2018 and the General Data Protection Regulation 2016/679 ("Data Protection Legislation") you are a data controller of any and all personal data that you collect from Candidates on the Website and that you will process any such personal data submitted by Candidates in accordance with the Data Protection Legislation.
If you choose to upgrade your Account to include a subscription to Otta Pro, we will provide you with the Otta Pro services described on the Website from time to time. Access as an Otta Pro subscriber is subject to ongoing payment of relevant fees.
Otta Pro subscriptions are, unless otherwise agreed, for an initial 12 month term, and will automatically renew at the end of the initial term (subject to any agreed pricing changes) for subsequent periods of 12 months, unless you, or we, give 30 days' written notice to terminate the subscription at the end of the initial, or any subsequent, term. We will notify you of any increase in pricing at least 45 days prior to the end of the initial, or any subsequent, term. We may, at our discretion, refuse to renew an Otta Pro subscription at the end of the initial, or any subsequent, term.
We are so confident in the value of an Otta Pro subscription, that we guarantee you will be able to make a specified number of hires through the Otta platform, and if you have not done so at the end of the subscription term, we will at our discretion, either refund an agreed amount or extend the subscription term by an agreed period (the Guarantee). In order to benefit from the Guarantee, you must: (i) ensure that all your live vacancies are posted on the Otta platform (excluding those that are not suitable for the Otta platform), (ii) when technically possible, integrate your applicant tracking system with the Otta platform; and (iii) continue to engage proactively with us throughout the term of the Otta Pro subscription, including by responding to our messages promptly and implementing our reasonable suggestions. For the purpose of the Guarantee, “making a hire through the Otta platform” means that you identified the relevant candidate on Otta at any time in the six months prior to hiring the candidate, or we have evidence that suggests they found or applied to a role at your company through Otta. This can be evidenced by various actions, including but not limited to, shortlisting or messaging a candidate on Otta and/or hiring a candidate that saved or applied to a role from your company on Otta. If you circumvent, or attempt to circumvent, the Otta platform in order to communicate with potential hires, then we reserve the right to terminate your account and Otta Pro subscription immediately. Any refunds will be paid to you three months after the end of the subscription term.
Intellectual property and acceptable use
We are the owner or the licensee of all patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trade marks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“Intellectual Property Rights”) in our Website, and in the material published on it, including but not limited to text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, job adverts, company profiles, blog posts and any other form of information capable of being stored in a computer that appears on or forms part of this Website, together with any such content uploaded by users of the Website (“Content”). Except as expressly set out in these Terms, all such rights are reserved.
You may print off one copy, and may download extracts, of any page(s) from our Website for your records.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged.
You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission.
This Website may include information and materials uploaded by other users of the Website, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
The Content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website.
Although we make reasonable efforts to update the information and Content on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up to date.
Whenever you make use of a feature that allows you to upload content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.
Any content you upload to our Website will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us and other users of our site a limited licence to use, store and copy that content and to distribute and make it available to third parties. We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.
We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your content.
We do not store terrorist content.
Otta is a UK registered trade mark (UK00003426412) of Craft Technology Limited. You are not permitted to use such trade mark without our approval.
You may not use the Website for any of the following purposes: (i) in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website; (ii) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner; (iii) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order. You shall indemnify, keep indemnified, defend and hold harmless Otta, its agents, affiliates, and licensors from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims or any other liabilities arising out or in connection with any breach of this clause 10.
Links to other websites
Where our Website contains links to other sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by Otta of those linked websites or information you may obtain from them. Unless expressly stated, these sites are not under the control of Otta or that of our affiliates. You acknowledge and agree that in setting up an Account, Otta may link to your website and other third party websites to direct Candidates to the relevant application portal.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
The inclusion of a link to another site on this Website does not imply any endorsement of the sites themselves or of those in control of them.
Limitation of liability
We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
Subject to the clause above:
Except as expressly provided in these Terms the rights and remedies provided under these are in addition to, and not exclusive of, any rights or remedies provided by law.
Neither party shall be in breach of the Terms nor liable for delay in performing, or failure to perform, any of its obligations under the Terms if such delay or failure result from events, circumstances or causes beyond its reasonable control.
All amounts due under Terms from you to us shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
You shall allow Otta (or Otta’s authorised representatives or agents) to have access to your Account at all times in order to audit your use of the Website.
You may not transfer any of your rights under these Terms to any other person without our prior written consent. We may transfer our rights under these Terms without your consent.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms and no third party will have any right to enforce or rely on any provision of these Terms.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
Our Website is directed to people residing in the United Kingdom. We do not represent that Content available on or through our Website is appropriate for use or available in other locations.
These Terms, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by and interpreted according to the law of England and Wales and all disputes arising under these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.