Terms and Conditions

PLEASE READ THESE TERMS CAREFULLY

BY REGISTERING WITH WHOS HIRING TO USE OUR SERVICE DESCRIBED BELOW YOU AGREE TO THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS DO NOT REGISTER WITH US OR USE THE SOFTWARE.

1. Who we are and what these terms do

We, Whos Hiring Ltd (company number 16356776) of Flat 801-1508 20 Palace Street, London, England, SW1E 5BB, license you to use:

  • the website whos-hiring.com, the Whos Hiring mobile application software, and the data supplied with the software, (Software) and any updates or supplements to it;
  • the related online documentation (Documentation);
  • the service you connect to via the Software and the content we provide to you through it (Service),

as permitted in these terms.

2. Operating system requirements

The Software requires the following minimum device and operating system requirements:

  • MacOS 14 (Sonoma) onwards
  • Windows 10 onwards
  • iOS 17.0 and above
  • Android 10 or later
  • Minimum specs to run chrome are 4GB RAM, Intel Pentium 4 or later

3. Account Registration

In order to access and use the Service, you must register for an account with us.

You are required to ensure that all information provided during the registration process, as well as any updates made to your account thereafter, is accurate, truthful and not misleading. You must promptly update any changes to your personal or contact details to maintain the accuracy of your account information. We reserve the right to suspend or terminate your account if any information provided during the registration process or thereafter proves to be inaccurate, false or misleading.

You are responsible for maintaining the confidentiality of your account log in details and for all activities that occur under your account. You must not allow any other person to access or use your account and you may not sell or transfer your account. Failure to fulfil these obligations may result in the suspension or termination of your account and, where applicable, legal action.

4. Your privacy

Under data protection legislation, we are required to provide you with certain information including who we are, how we process your personal data and for what purposes and your rights in relation to your personal data and how to exercise them. This information is provided in our Privacy Notice and it is important that you read that information.

5. Software Features and Subscriptions

The Service is offered on both free and paid tiers, with details of the features available in each tier set out within the Software.

Should you wish to access the features included in the paid tier, you may upgrade your account at any time by following the upgrade process provided in your account. Payment of the applicable fees, as outlined at the point of upgrade, will be required to complete the process. Your access to paid features will commence once payment has been successfully processed and confirmed.

Any changes to your subscription, including cancellations or downgrades, will be managed according to our subscription terms as made available to you at the time of upgrade.

6. Support for the Software and how to tell us about problems

If you think the Software or the Service are faulty or misdescribed or wish to contact us for any other reason please email our customer service team at support@whos-hiring.com.

If we have to contact you we will do so by email or by SMS, using the contact details you have provided to us.

7. How you may use the Software and the Service

In return for your agreeing to comply with these terms you may:

  • download or stream a copy of the Software onto your devices and view, use and display the Software and the Service on such devices for your personal purposes only;
  • use any Documentation to support your permitted use of the Software and the Service;
  • receive and use any free supplementary software code or update of the Software incorporating "patches" and corrections of errors as we may provide to you.

You must be 18 or over to accept these terms, use the Software, and access the Service.

You agree to:

  • use the Software and the Service in a responsible manner and only for lawful purposes;
  • not use the Software or the Service for any commercial purpose, including but not limited to selling, licensing, or otherwise exploiting the Software, Service, or any associated data for financial gain;
  • not resell, distribute, or make available any data, content, or material obtained through the Software or the Service to any third party;
  • not attempt to decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form;
  • not introduce viruses, malware, or any other harmful code into the Software or Service, nor attempt to disrupt or interfere with its proper functioning;
  • not use the Software or Service in any manner that could damage, disable, overburden, or impair our servers or networks, or interfere with any other user's use of the Software or Service;
  • not use the Software or the Service to transmit, upload, or store any unlawful, offensive, defamatory, or infringing material;
  • not attempt to gain unauthorised access to any part of the Software, Service, or related systems or networks;
  • not impersonate any person or entity, or misrepresent your affiliation with any person or entity whilst using the Software or Service; and
  • not circumvent, remove, or otherwise interfere with any security features or technological measures protecting the Software or Service.

Any unauthorised use or misuse of the Software or Service may result in suspension or termination of your access.

8. Third Party Links

The Software or any Service may contain links to other independent websites which are not provided by us. Such independent sites are not under our control, and we are not responsible for and have not checked and approved their content or their privacy policies (if any). You will need to make your own independent judgement about whether to use any such independent sites, including whether to buy any products or Service offered by them.

9. Cancellation and Refund Rights

You have the right to cancel your subscription to any paid service or digital content within 14 days of subscribing, in accordance with your statutory consumer rights.

If you choose to cancel within this period and have not accessed or downloaded any digital content or used any paid features you will receive a refund, however, if you have accessed or downloaded any digital content or used paid features during this period you will not be eligible for a full refund and your right to cancel will be lost, except where otherwise required by applicable law.

To exercise your right to cancel, please contact our customer support team or follow the instructions provided in your account settings.

If you wish to close your account, whether you are on the paid service or the free tier, you may do so at any time by following the account closure process outlined in your account settings or by contacting customer support.

Upon closure, your access to the Software and Service will end, and any personal data will be handled in accordance with our Privacy Policy.

Please note that closing your account does not entitle you to a refund for any unused period of a paid subscription, except as described in clause 9.2.

10. Termination

We may end your rights to use the Software and Service at any time by contacting you if you have broken these terms in a serious way. If what you have done can be put right we will give you a reasonable opportunity to do so.

If we end your rights to use the Software and Service:

  • You must stop all activities authorised by these terms, including your use of the Software and any Service.
  • You must delete or remove the Software from all devices in your possession and immediately destroy all copies of the Software which you have and confirm to us that you have done this.
  • We may remotely access your devices and remove the Software from them and cease providing you with access to the Service.

11. Changes to these terms

We may need to change these terms to reflect changes in law or best practice or to deal with additional features which we introduce.

We will give you at least 30 days' notice of any change by sending you an SMS with details of the change or notifying you of a change when you next log into the Software.

If you do not accept the notified changes you will not be permitted to continue to use the Software and the Service following the change coming into effect.

12. Updates to the Software and changes to the Service

From time to time we may automatically update the Software and change the Service to improve performance, enhance functionality, reflect changes to the operating system or address security issues. Alternatively we may ask you to update the Software for these reasons.

If you choose not to install such updates or if you opt out of automatic updates you may not be able to continue using the Software and the Service or parts of them.

13. Intellectual property rights

All intellectual property rights in the Software, the Documentation and the Service throughout the world belong to us (or our licensors) and the rights in the Software and the Service are licensed (not sold) to you. You have no intellectual property rights in, or to, the Software, the Documentation or the Service other than the right to use them in accordance with these terms.

14. Our responsibility for loss or damage suffered by you

We are responsible to you for foreseeable loss and damage caused by us. If we fail to comply with these terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these terms, both we and you knew it might happen.

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 or for fraud or fraudulent misrepresentation.

When we are liable for damage to your property. If defective digital content that we have supplied damages a device or digital content belonging to you, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

We are not liable for business losses. The Software and the Service are for domestic and private use. If you use the Software or the Service for any commercial, business or resale purpose we will have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

Limitations to the Software and the Service. The Software and the Service are provided for general information purposes only. They do not offer advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of information obtained from the Software or the Service. Although we make reasonable efforts to update the information provided by the Software and the Service, we make no representations, warranties or guarantees, whether express or implied, that such information is accurate, complete or up to date.

Please back-up content and data used with the Software. We recommend that you back up any content and data used in connection with the Software, to protect yourself in case of problems with the Software or the Service.

Check that the Software and the Service are suitable for you. The Software and the Service have not been developed to meet your individual requirements. Please check that the facilities and functions of the Software and the Service (as described on our website and in the Documentation) meet your requirements.

We are not responsible for events outside our control. If our provision of the Service or support for the Software or the Service is delayed by an event outside our control then we will contact you as soon as possible to let you know and we will take steps to minimise the effect of the delay. Provided we do this we will not be liable for delays caused by the event but if there is a risk of substantial delay you may contact us to end your contract with us and receive a refund for any Service you have paid for but not received.

15. General

We may transfer our contract with you to someone else. We may transfer our rights and obligations under our contract with you as set out in these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

You need our consent to transfer your rights to someone else. You may only transfer your rights or your obligations under our contract with you as set out in these terms to another person if we agree in writing.

No rights for third parties. This Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of this Agreement.

If a court finds part of these terms illegal, the rest will continue in force. Each of the paragraphs of these terms operates separately. If any court or relevant authority decides that any of them are unlawful, the remaining paragraphs will remain in full force and effect.

Even if we delay in enforcing these terms, we can still enforce it later. Even if we delay in enforcing our contract with you as set out in these terms, we can still enforce it later. If we do not insist immediately that you do anything you are required to do under these terms, or if we delay in taking steps against you in respect of your breaking this contract, that will not mean that you do not have to do those things and it will not prevent us taking steps against you at a later date.

Which laws apply to this Agreement and where you may bring legal proceedings. These terms are governed by English law and you can bring legal proceedings in respect of the products in the English courts. If you live in Scotland you can bring legal proceedings in respect of the products in either the Scottish or the English courts. If you live in Northern Ireland you can bring legal proceedings in respect of the products in either the Northern Irish or the English courts.