Terms and Conditions

Terms and Conditions

This agreement applies as between you, the user of this Website and Hiremetrix, the owner of this Website. Your agreement to comply with and be bound by these Terms and Conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these Terms and Conditions, you should stop using the Website immediately.

No part of this Website is intended to constitute a contractual offer capable of acceptance. Your order constitutes a contractual offer and our acceptance of that offer is deemed to occur upon our sending a dispatch email to you indicating that your order has been fulfilled and is on its way to you.

  1. Definitions and Interpretation

    In this Agreement the following terms shall have the following meanings:

    1. Account

      Means collectively the personal information, Payment Information and credentials used by Users to access Paid Content and / or any communications System on the Website.

    2. Content

      Means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this Website.

    3. Hiremetrix

      Means Hiremetrix Limited whose registered address is 2A Cottingham Grove Bletchley Milton Keynes MK3 5AX.

    4. Service

      Means collectively any online facilities, tools, services or information that Hiremetrix makes available through the Website either now or in the future.

    5. Services

      Means the services available to you through this Website.

    6. Payment Information

      Means any details required for the purchase of Services from this Website. This includes, but is not limited to, credit / debit card numbers, bank account numbers and sort codes.

    7. Purchase Information

      Means collectively any orders, invoices, receipts or similar that may be in hard copy or electronic form.

    8. System

      Means any online communications infrastructure that Hiremetrix makes available through the Website either now or in the future. This includes, but is not limited to, web-based email, message boards, live chat facilities and email links.

    9. User / Users

      Means any third party that accesses the Website and is not employed by Hiremetrixand acting in the course of their employment.

    10. Website

      Means the website that you are currently using (http://www.hiremetrix.com) and any sub-domains of this site unless expressly excluded by their own terms and conditions.

  2. Customers

    These Terms and Conditions apply to all users including but not limited to candidates and applicants that are using Hiremetrix to build profiles and companies that are using Hiremetrix to test and rank candidates and applicants.

  3. Intellectual Property

    1. Subject to the exceptions in Clause 4 of these Terms and Conditions, all content included on the Website, including, but not limited to, text, graphics, logos, icons, images, sound clips, video clips, data compilations, page layout, underlying code and software is the property of Hiremetrix, our affiliates or other relevant third parties. By continuing to use the Website you acknowledge that such material is protected by applicable United Kingdom and International intellectual property and other laws.

    2. Subject to Clause 5 you may not reproduce, copy, distribute, store or in any other fashion re-use material from the Website unless otherwise indicated on the Website or unless given express written permission to do so by Hiremetrix.

  4. Third Party Intellectual Property

    1. Unless otherwise expressly indicated, all Intellectual Property rights including, but not limited to, Copyright and Trademarks, in product images and descriptions belong to the manufacturers or distributors of such products as may be applicable.

    2. Subject to Clause 6 you may not reproduce, copy, distribute, store or in any other fashion re-use such material unless otherwise indicated on the Website or unless given express written permission to do so by the relevant manufacturer or supplier.

  5. Fair Use of Intellectual Property

    Material from the Website may be re-used without written permission where any of the exceptions detailed in Chapter III of the Copyright Designs and Patents Act 1988 apply.

  6. Links to Other Websites

    This Website may contain links to other sites. Unless expressly stated, these sites are not under the control of Hiremetrix or that of our affiliates. 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.

  7. Links to this Website

    Those wishing to place a link to this Website on other sites may do so only to the home page of the site http://hiremetrix.com/ without prior permission. Deep linking (i.e. Links to specific pages within the site) requires the express permission of Hiremetrix. To find out more, please contact us by email at info@hiremetrix.com.

  8. Use of Communications Facilities

    1. When using the enquiry form or any other System on the Website you should do so in accordance with the following rules:

      1. You must not use obscene or vulgar language;

      2. You must not submit Content that is unlawful or otherwise objectionable. This includes, but is not limited to, Content that is abusive, threatening, harassing, defamatory, ageist, sexist or racist;

      3. You must not submit Content that is intended to promote or incite violence;

      4. It is advised that submissions are made using the English languageas as we may be unable to respond to enquiries submitted in any other languages;

      5. The means by which you identify yourself must not violate these Terms and Conditions or any applicable laws;

      6. You must not impersonate other people,

      7. You must not use our System for unauthorised mass-communication such as “spam” or “junk mail”.

    2. You acknowledge that Hiremetrix reserves the right to monitor any and all communications made to us or using our System.

    3. You acknowledge that Hiremetrix may retain copies of any and all communications made to us or using our System.

    4. You acknowledge that any information you send to us through our System or post through the service may be modified by us in any way and you hereby waive your moral right to be identified as the author of such information. Any restrictions you may wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.

  9. Viruses, Malware and Security

    1. We take all reasonable steps to ensure that Our Site is secure and free from viruses and other malware. We do not, however, guarantee that Our Site is secure or free from viruses or other malware and accept no liability in respect of the same, as detailed in sub-Clause 8.4.

    2. You are responsible for protecting your hardware, software, data and other material from viruses, malware, and other internet security risks.

    3. You must not deliberately introduce viruses or other malware, or any other material which is malicious or technologically harmful either to or via Our Site.

    4. You must not attempt to gain unauthorised access to any part of Our Site, the server on which Our Site is stored, or any other server, computer, or database connected to Our Site.

    5. You must not attack Our Site by means of a denial of service attack, a distributed denial of service attack, or by any other means.

    6. By breaching the provisions of sub-Clauses 9.3 to 9.5 you may be committing a criminal offence under the Computer Misuse Act 1990. Any and all such breaches will be reported to the relevant law enforcement authorities and We will cooperate fully with those authorities by disclosing your identity to them. Your right to use Our Site will cease immediately in the event of such a breach.

  10. Accounts

    1. In order to procure Services on this Website and to use the Hiremetrix facilities you are required to create an Account which will contain certain personal details and Payment Information which may vary based upon your use of the Website as we may not require payment information until you wish to make a purchase. By continuing to use this Website you represent and warrant that:

      1. all information you submit is accurate and truthful;

      2. you have permission to submit Payment Information where permission may be required; and you will keep this information accurate and up-to-date.

      3. Your creation of an Account is further affirmation of your representation and warranty.

    2. It is recommended that you do not share your Account details, particularly your username and password. Hiremetrix accepts no liability for any losses or damages incurred as a result of your Account details being shared by you. If you use a shared computer, it is recommended that you do not save your Account details in your internet browser.

    3. If you have reason to believe that your Account details have been obtained by another without consent, you should contact Hiremetrix immediately to suspend your Account and cancel any unauthorised orders or payments that may be pending. Please be aware that orders or payments can only be cancelled up until provision of Services has commenced. In the event that an unauthorised provision commences prior to your notifying us of the unauthorised nature of the order or payment, Hiremetrix accepts no liability or responsibility and you should make contact with the third party service provider.

    4. When choosing your username you are required to adhere to the terms set out above in Clause 8. Any failure to do so could result in the suspension and/or deletion of your Account.

  11. Termination and Cancellation

    1. If Hiremetrix terminates your Account, you will be notified by email and an explanation for the termination will be provided. Notwithstanding the foregoing, we reserve the right to terminate without giving reasons.

    2. Hiremetrix reserves the right to cancel orders or payments without stating reasons, for any reason prior to processing payment or commencing Services provision.

    3. If orders or payments are cancelled for any reason prior to commencement of Services provision you will be refunded any monies paid in relation to those purchases.

  12. Privacy

    Use of the Website is also governed by our Hiremetrix Privacy Policy which is incorporated into these terms and conditions by this reference. To view the Privacy Policy, please click on the link above.

  13. Disclaimers

    1. Hiremetrix makes no warranty or representation that the Website will meet your requirements, that it will be of satisfactory quality, that it will be fit for a particular purpose, that it will not infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate. We make no guarantee of any specific results from the use of our Service or Services.

    2. No part of this Website is intended to constitute advice and the Content of this Website should not be relied upon when making any decisions or taking any action of any kind.

    3. No part of this Website is intended to constitute a contractual offer capable of acceptance.

    4. Whilst Hiremetrix uses reasonable endeavours to ensure that the Website is secure and free of errors, viruses and other malware, all Users are advised to take responsibility for their own security, that of their personal details and their computers.

  14. Changes to the Service and these Terms and Conditions

    Hiremetrix reserves the right to change the Website, its Content or these Terms and Conditions at any time. You will be bound by any changes to the Terms and Conditions from the first time you use the Website following the changes. If Hiremetrix is required to make any changes to Terms and Conditions by law, these changes will apply automatically to any orders currently pending in addition to any orders placed by you in the future.

  15. Availability of the Website

    1. The Service is provided “as is” and on an “as available” basis. We give no warranty that the Service will be free of defects and / or faults. To the maximum extent permitted by law we provide no warranties (express or implied) of fitness for a particular purpose, accuracy of information, compatibility and satisfactory quality.

    2. Hiremetrix accepts no liability for any disruption or non-availability of the Website resulting from external causes including, but not limited to, ISP equipment failure, host equipment failure, communications network failure, power failure, natural events, acts of war or legal restrictions and censorship.

  16. Limitation of Liability

    1. To the maximum extent permitted by law, Hiremetrix accepts no liability for any direct or indirect loss or damage, foreseeable or otherwise, including any indirect, consequential, special or exemplary damages arising from the use of the Website or any information contained therein. Users should be aware that they use the Website and its Content at their own risk.

    2. Nothing in these Terms and Conditions excludes or restricts Hiremetrix liability for death or personal injury resulting from any negligence or fraud on the part of Hiremetrix.

    3. Whilst every effort has been made to ensure that these Terms and Conditions adhere strictly with the relevant provisions of the Unfair Contract Terms Act 1977, in the event that any of these terms are found to be unlawful, invalid or otherwise unenforceable, that term is to be deemed severed from these Terms and Conditions and shall not affect the validity and enforceability of the remaining Terms and Conditions. This term shall apply only within jurisdictions where a particular term is illegal.

  17. No Waiver

    In the event that any party to these Terms and Conditions fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.

  18. Previous Terms and Conditions

    In the event of any conflict between these Terms and Conditions and any prior versions thereof, the provisions of these Terms and Conditions shall prevail unless it is expressly stated otherwise.

  19. Third Party Rights

    Nothing in these Terms and Conditions shall confer any rights upon any third party. The agreement created by these Terms and Conditions is between you and Hiremetrix.

  20. Communications

    1. All notices / communications shall be given to us either by post to our Premises (see address above) or by email to info@hiremetrix.com.

    2. Hiremetrix may from time to time send you information about our products and/or services. If you do not wish to receive such information, please contact info@hiremetrix.com.

  21. Law and Jurisdiction

    These Terms and Conditions and the relationship between you and Hiremetrix shall be governed by and construed in accordance with the Law of England and Wales and Hiremetrix and you agree to submit to the exclusive jurisdiction of the Courts of England and Wales.