Terms & Conditions
This document sets out the Terms and Conditions (“Terms”) on which Hyett Industries Limited (Company No. 11158569) of 34 Montrose Avenue, Chatham, Kent, ME5 7HX, trading as GrowRecruit (“GrowRecruit”), VAT Registration number 303574228 provides customers with access to recruitment software through the www.growrecruit.com website (“Website”).
Please read these Terms carefully before using the Website or the services provided. You acknowledge that by clicking “I accept” on behalf of your company or organisation (“Customer”) that you agree that your company or organisation will be bound by these terms as the Customer. You warrant and represent that you are authorised and have full capacity to enter into these Terms on behalf of the Customer company or organisation.
If you do not accept these terms, you are not permitted to access or use the Website or the services available through the Website.
Website and Services
- The Website is owned and managed by Hyett Industries Limited (Company No. 11158569) a company incorporated in England and Wales and whose registered office address is 34 Montrose, Avenue, Chatham, Kent, ME5 7HX with VAT Registration number 303574228.
- In consideration of payment of Fees, GrowRecruit shall provide the customer with the services as described on the Website (“Services”) on a non-exclusive basis upon the terms and conditions of this Agreement. The Services typically include the following:
- the facility to add accounts for “Team Members”, which are typically the Customer’s employees or nominated representatives that constitute the Company’s hiring team, which permit the nominated individuals to access and use the Services on behalf of the Customer (note the ability of the Customer to do this may be limited in number in accordance with the corresponding Subscription Plan selected by the Customer, as described on the Website);
- the facility to create and view “Candidate Profiles”, meaning information about prospective individuals that are applying for an open position at your company, such as Name, Email Addresses, Phone Numbers, Current Position as well as any supporting documents such as the Candidate’s CV;
- the facility to create “Talent Pools”, meaning the selection of Candidate Profiles into a group (note the ability of the Customer to do this may be limited in number in accordance with the corresponding Subscription Plan selected by the Customer, as described on the Website);
- the facility to create “Jobs”, meaning the selection of Candidate profiles into a group which represents a job opening, meaning a position to be filled at the Customer’s company (note the ability of the Customer to do this may be limited in number in accordance with the corresponding Subscription Plan selected by the Customer, as described on the Website);
- any other features and functionalities provided at the discretion by GrowRecruit to the Customer.
- GrowRecruit shall make reasonable efforts to ensure that the Services as in section 1.2 are available twenty-four hours a day, seven days a week. GrowRecruit shall have no obligation to notify the Customer of any unplanned downtime of the Services. In the case of planned maintenance and upgrades, GrowRecruit shall make reasonable effort to notify the Customer in advance provided GrowRecruit is able to do so.
- GrowRecruit retains the right to create limits on user and storage with the service at its discretion at any time with or without notice.
- GrowRecruit retains the right at any time to add, modify, suspend or cease (temporarily or permanently) any part of the services on notice to the Customer.
- By using the service the Customer certifies that they are at least 18 years of age and is legally permitted to use the Service and takes full responsibility for the selection and use of the service.
- Access to the Services may be granted to the Customer on a trial basis for a period of up to 14 days (“Trial”). The Customer acknowledges that these Terms still apply during the Trial period.
- Access to the Services during the Trial will be provided at no cost (free) to the customer;
- Access to the Services during the Trial are provided for demonstration purposes only;
- The functionality of the Services which is provided during the Trial may be limited or restricted;
- GrowRecruit may withdraw or suspend access to the Services at any time during the Trial;
- Continued access to the Services after the Trial will be subject to payment of Fees or charges.
- GrowRecruit’s obligations shall be limited only to the provision of the Services and do not in any way include acting on the Customer’s behalf. Nothing in these Terms are intended or deemed to establish any partnership or joint venture between the Customer and GrowRecruit, nor authorise wither party to make or enter into any commitments for or on behalf of either party.
Registration and Additional Users
- When signing up to use the Services, the Customer is required to register with GrowRecruit by completing the only registration form on the Website.
- The Customer is required to provide their full legal name, full company name, a valid email address and any other information requested to complete the signup process.
- When upgrading from a free account to a paid account the Customer must provide their full legal name, full company name, valid email address and correct billing information.
- By registering for the Services the Customer is certifying to GrowRecruit that they are at least 18 years old and is legally permitted to access the service.
- Your login may only be used by your organisation.
- A single login cannot be used for access to the Services by multiple individuals.
- GrowRecruit reserves the right to conduct verification and security procedures in respect of all information provided by the Customer to GrowRecruit. If GrowRecruit for any reason believes that the information provided by the Customer to register for its Services breaches or is likely to breach these Terms then GrowRecruit at its sole discretion my take action deemed appropriate including without limitation, the termination of the Customer’s contract.
- These Terms shall apply to any additional users (“Team Members”) added by the Customer to provide access to the Customer’s account.
- any additional users must be at least 18 years of age.
- the Customer is responsible and directly liable to GrowRecruit at all times for any acts or omissions of the Customer’s Team Members.
- only one person my log on to the Website and use the Services using a Team Member account.
- The Customer shall ensure that their username and password (“Login”), as well as the usernames and passwords (“Logins”) of any of their Team Members, are kept safe and secure to ensure they are not used without the Customer’s permissions. It is the Customer’s responsibility to ensure that if there is any reason to believe there has been or will be unauthorised access to the Customer’s Logins that GrowRecruit is notified immediately.
- The Customer shall be solely responsible and liable for any breaches of these Terms resulting from the use of the Customer’s Logins to access the Services whether such activity is authorised by the Customer or not.
- At any time upon notice to the Customer, GrowRecruit may require additional evidence in the form of further documents to confirm the Customer’s acceptance of these Terms.
- The Customer or any of its Team Member’s may not in the use of these Services violate any laws of your jurisdiction (including and not limited to copyright laws).
- The Customer shall ensure that at all times the use of the Services and the Website are in accordance with these Terms.
- The Customer shall ensure that the use of the Service and Website by it’s appointed Team Members are in accordance with these Terms, at all times.
- The Customer shall ensure that the Service is only used to transmit and store the resumes (or CV’s) and files associated in the process of hiring a candidate. You may not upload or transmit any materials that do not fall under this description, including but not limited to Spam, Viruses, Worms or any code of a destructive nature.
- The Customer shall ensure that the use of the Website and Services, including the submission of information, documents, images, files and links to external websites, communication between Team Members and Candidates, and all other material submitted in any format:
- Comply with all applicable laws and legislations.
- Do not infringe on the copyrights or intellectual property rights of any third party.
- Are not reasonably deemed to:
- Be offensive, illegal or inappropriate in any way, including but not limited to (racism, bigotry, physical harm, pornographic or sexually explicit material, promoting inaccurate, misleading or false information).
- Invade or violate any third parties right to privacy.
- The Customer shall not register the same Customer more than once for the purpose of circumventing any Service limitations created by the Website.
- The Customer shall not use the Service to transmit “junk mail” or other “spam” or unsolicited mail.
- The Customer hereby indemnifies GrowRecruit for all losses, liabilities, costs, and expenses (including but not limited legal costs) suffered or incurred by GrowRecruit which arise directly or indirectly from a breach of these Terms by the Customer or any of it’s appointed Team Members.
- It is the responsibility of the Customer to verify the accuracy and correctness of any information submitted by the Customer and unless otherwise stated no vetting or verification will be done by GrowRecruit.
- GrowRecruit reserves the right to add additional information to Candidate Profiles if deemed related to the Candidate. GrowRecruit does not vet, verify the accuracy or completeness of any data in this process and it is up to the Customer to ensure any information is error free before using the information in any of it’s hiring processes.
- The Customer shall not at any time:
- use the Service or any information obtained from the service in any activity not related to the recruitment of staff;
- use the service to contact any candidate or any person who has not applied for a position at your Company or been identified by the Customer through other means; or
- use the service to cause any form of distress, damage, harm or interference to any company, person, computer or infrastructure.
- GrowRecruit takes very seriously any breach of these conditions. Any breach may, therefore, result in termination of the Customer’s use of Services. In the case of any illegal activity, GrowRecruit may choose to instigate legal proceedings or disclose information to a third party who is claiming an infringement of their right to privacy or a violation of their intellectual property rights. The Customer will immediately notify GrowRecruit f ay suspected breaches of these conditions.
- The Customer shall at all times make use of the Service and the Website in accordance with the applicable laws, including but not limited to data protection laws and employment laws.
- The Customer acknowledges that GrowRecruit does not guarantee that any open positions will be filled and that it is the Customer’s responsibility that it enters into any necessary contractual arrangements with Candidates for employment.
- In the event of any dispute between the Customer and any Candidate, the Customer agrees that GrowRecruit is not liable for any loss or damage suffered by the Customer or Candidate relating from such a dispute.
- The fees to access this Website and Services are set out on the Website (“Fees”). The Fees may be based on:
- The number of Talent Pools or Jobs the Customer is able to create.
- The number of Team Members the Customer is able to add to their account.
- Any additional or substitute services that the Customer may request.
- Unless otherwise stated or the Customer is participating in a Trial period (as specified in clause 1.7) the Customer may only access the Website and Services by paying the Fees.
- All Fees are exclusive of VAT and all other taxes or duties and are non-refundable for any reason.
- The Service is charged in advance, by default on a monthly basis and can be cancelled at any time.
- GrowRecruit is authorised to adjust the applicable prices for the Service each year within a reasonable limit.
- The fees to access this Website and Services are set out on the Website (“Fees”). The Fees may be based on:
- The Customer may terminate the use of the Services at any time by cancelling their subscription on the website or by contacting firstname.lastname@example.org.
- The Customer may request an export of all their data up to 14 days after termination of the Contract unless the Customer has requested all data be removed.
- Fees paid in advance by the Customer are non-refundable unless the termination was issued by GrowRecruit and the Customer was not in breach of this contract.
- GrowRecruit, in its sole discretion, reserves the right to suspend or terminate your account at any time and refuse any and all current or future use of the Service only in case of breach of these Terms.
- GrowRecruit warrants that the Services will be provided with reasonable care and skill in the manner which would be expected from an experienced service provider.
- GrowRecruit relies on a number of third party service providers to provide the infrastructure that runs our services. While GrowRecruit will do everything reasonably possible to keep the Service at all times, GrowRecruit does not guarantee the service will be uninterrupted at all times. GrowRecruit, therefore, shall not be liable in any way for any losses the Customer may suffer as a result of delays or failures of the Services and Website as a result of third party service providers.
- Except as expressively set out in these Terms, to the maximum extent of the law, GrowRecruit expressly excludes all representations, warranties, obligations and liabilities in connection with the Services and the Website, including but not limited to the warranties of non-infringement of intellectual property, accuracy, fitness for purpose or use the trade are hereby excluded and disclaimed.
- GrowRecruit may display links to third party providers that the Service can interact with. Use of any Third Party Services is at the risk of the Customer and GrowRecruit accepts no liability for the content, reliability or availability of the third party. All uses of Third Party Websites is subject to the terms and conditions of the Third Party.
Limitation of Liability
- You expressively understand and agree that GrowRecruit shall not be liable for any loss or damages resulting from: (i) the use or inability to use the Service; (ii) the cost of procurement of substitute goods and services resulting from any goods, data information or services purchased or obtained from the Service; (iii) statements or conduct of any third party on the Service.
- GrowRecruit shall not be liable for any amounts that exceed the fees paid by you to GrowRecruit under these Terms during the six (6) month period prior to the occurrence giving rise to your claim or cause of action against GrowRecruit.
- To the extent permitted by law, GrowRecruit expressly excludes:
- all conditions, warranties and other terms whether expressed or which might otherwise be implied by statute or common law;
- any liability for indirect or consequential loss which are losses incurred as a side effect of the main loss or damage;
- loss of profit;
- loss of income or revenue;
- loss of business or contacts;
- loss of data;
- loss of goodwill or reputation;
- loss of expectation;
- loss of opportunity;
- loss arising out of connection with the wasted management or office time; or
- arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims or loss of or damage to Customer’s tangible property or any other claims for a direct financial loss that are not excluded by any of the categories set out above.
- You agree to indemnify and hold harmless GrowRecruit its contractors, and licensors, and their respective directors, officers, employees, members, shareholders, and agents from and against any and all claims, liabilities, losses actions, causes of action, demands, costs and expenses, including but not limited to legal fees, arising out of your use of the Service, for infringement of any intellectual property of Customer submissions in connection with the use of the Service thereof.
- The limitations specified in this article will survive termination or expiration of these Terms and apply even if any limited remedy specified these Terms are found to have failed of its essential purpose. Any limitations agreed upon under this article will also apply to the liability of GrowRecruit’s and Hyett Industries Limited’s directors, officers, employees, agents and members.
Intellectual Property Rights
- GrowRecruit owns all the intellectual property rights relating to the Services and the Website, including by not limited to all software forming part of the Website. Nothing in these Terms will serve to transfer from GrowRecruit to the Customer any of the Software or Website.
- The Customer may not use any part of the Website for any purpose other than for accessing the Services in accordance with these Terms.
- The Customer and its Team Members shall not attempt to Modify, Translate or Create derivative copies of the Software or Website in whole or part or distribute or sub-licence the software in any way.
- The Customer hereby indemnifies GrowRecruit against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by the use of the Customer information and all other information provided by the Customer to GrowRecruit.
- The Customer and GrowRecruit will comply with all applicable data protection and privacy laws and regulations in providing all of its obligations set out under these Terms, including the EU General Data Protection Regulation (“GDPR”), in each case including all other successor legislation.
- For personal data which is collected and processed by GrowRecruit as a data processor on behalf of the Customer, GrowRecruit will:
- will act strictly in accordance with the law and the Customer’s lawful instructions. GrowRecruit will inform the Customer if any instruction from the Customer is unlawful;
- will ensure that any person that are authorised to process the data in connection with providing the Services are under an appropriate statutory obligation of confidentiality.
- Implement appropriate technical and organisational security measures to protect the personal data in accordance with Data Protection Laws.
- promptly forward any request for information from a data subject to the Customer so that they can comply with Data Protection Laws;
- enable the customer to view, change, delete and transmit the personal data held by GrowRecruit;
- provide assistance to enable the Customer to comply with the Customer’s own Data Protection obligations, including technical measures to cope with data access requests;
- make available to the Customer all information necessary to comply with data protection audits and obligations.
- The Customer may request an extract or deletion of all personal data on termination of the contract. Where the Customer has not requested deletion of personal data, all personal data will be deleted at any time after 14 days following termination.
- The Customer has the right to withdraw their consent to the use of their personal data at any time and may request that all personal data be permanently deleted.
- The Customer acknowledges that Candidates also have the right to request their data or have it permanently deleted. GrowRecruit will promptly inform the Customer of any request from Candidate to access their data or request deletion allowing the Customer to promptly comply. In the event that the Customer does not comply with the deletion request, and the Customer does not inform GrowRecruit with a reason that the data should be retained, GrowRecruit reserves the right to delete the Candidate data. GrowRecruit will not be held liable in any way for loss or damage resulting in the candidate exercising their rights.
- The Customer shall ensure that any collection of personal data, accessed through the Website or Services complies with Data Protection Laws. The Customer hereby indemnifies GrowRecruit against all losses, liabilities, costs and expenses (including but not limited to legal costs) resulting from the Customer’s failure to comply with the law.
- The Customer grants consent to GrowRecruit to allow sub processors to process their personal data only in connection in providing the service for the Customer. All Sub-Processors will be listed on GrowRecruit’s website and the Customer will be notified if GrowRecruit wants to change or add any other Sub-Processors.
- Neither party hereto shall be liable for any breach of its obligations hereunder, except in respect of payment, resulting from causes beyond the reasonable control of the party in default including but not limited to act of God, war, insurrection, explosion, strike, labour dispute, illness, flood, fire or tempest (an ‘Event of Force Majeure’). Any time limit or estimate for a party to perform any action hereunder shall be suspended during an Event of Force Majeure.
- Each of the parties agrees to give written notice forthwith to the other upon becoming aware of an Event of Force Majeure such notice to contain details of the circumstances giving rise to the Event of Force Majeure.
- If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Contract by notice in writing to the other party.
- GrowRecruit reserves the right to make changes to these Terms at any time. Any changes to these Terms made by GrowRecruit in the future will be notified to the Customer and made available via the Website.
- The waiver by either the Customer or GrowRecruit of a breach or default of any provisions of this agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions nor shall any delay or omission on the part of either party to exercise or avail itself of any right, power or privilege that it has or may have hereunder operated as a waiver of any breach or default by the other party.
- All communication to GrowRecruit should be sent to the contact details made available to the Customer on the Website.
- If any of these Terms are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, such term, condition or provision will to the extent, be severed from the remaining terms, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.
- These Terms shall be governed by and construed in accordance with English law and shall be exclusive jurisdiction of English courts.