1 TERMS & APPLICATION
1.1 LUCKYLINK (UK) Ltd (Company Number 08700214) of Martlet House, E1 Yeoman Gate Yeoman Way, Worthing, West Sussex, BN13 3QZ grants you a non-exclusive, limited and revocable licence to use and access the LUCKYLINK website (www.luckylink.com) (Website) and related mobile application (App) (together, the Platform) subject to these Terms.
1.2 In these Terms, “we”, “us” and “our” refer to LUCKYLINK (UK) Ltd and references to “you” and “your” is to you, the user of the Platform.
1.3 The Platform is the first recruitment network (App and Website) and related services (together, the Services), to providing the following:
(a) Link up in real time managers of any hotel, bar, club, restaurant and other retail stores (Companies) with skilled staff (Workers), (Companies and Workers, being together being the Users);
(b) Workers and Companies may each create posts to hire and be hired (Profiles) and search those Profiles;
(c) Users may receive a referral URL (Lucky Link) that allows users and non-users to share a particular Profile of, a Company or Worker and link up via the Platform ;
(d) Companies may hire or contract Workers (Engagement), subject always to the Company Terms (binding on all Companies) and these Terms.
1.4 Specific Terms shall apply differently to Companies and Workers. These Terms and Conditions incorporate by reference the Workers Terms of Service and Companies Terms of Service, as applicable.
1.5 These Terms form a binding contract between LUCKYLINK and the Users in respect of the Services and each Engagement (Agreement). Such Agreement shall be deemed effective upon the Company and the Workers completing the registration on the Platform or accepting any Services from LUCKYLINK.
1.6 These Conditions apply until terminated in accordance with these Terms (including clause 18 and 19).
1.7 By accessing and using the Platform you agree to be bound by these Terms. If you do not agree with these Terms you must immediately give notice to firstname.lastname@example.org and stop using the Platform.
1.8 You agree that we may change, update or otherwise amend the Platform and these Terms at our absolute discretion.
2 PLATFORM ONLY
2.1 We provide the Platform to link up Workers with Companies and Companies with Workers. We are not and cannot be a party to any transaction between Workers and Companies, including any resultant Engagement.
2.2 We do not accept any responsibility or legal liability whatsoever for any act or omission of the Worker or the Company arising from or in connection with the use of the Platform and each Engagement. The Worker and Company may enforce any of these Terms against the other party directly in respect of the use of the Platform and each Engagement..
2.3 You acknowledge that:
(a) we do not interfere in the negotiation between Workers and Companies, nor any Engagement, and do not monitor and/or control the quality, safety and/or legality of the Engagement through the Platform; and
(b) we are not technically able to verify compliance by Users with the conditions of any Profiles communicated via the Platform.
2.4 Workers may act as an independent contractor or an employee of the Company resulting from the Engagement. Workers are never our employees.
2.5 The Company and (or) the Worker shall be fully responsible for any tax and national insurance and social security contributions and any other liability, deduction, contribution, assessment or claim arising from or made in connection with use of the Platform, Services and any Engagement.
2.6 You shall indemnify us against all reasonable costs and expenses and any tax, penalty, fine or interest incurred or payable in connection with or in consequence of any such liability, deduction, contribution, assessment or claim, other than where such liability, deduction, contribution, assessment or claim arises out of our negligence or wilful default.
2.7 We may assist with the resolution of any complaint or dispute relating to the Services. However, you acknowledge that any legal recourse arising from or in connection with any Engagement, whether for breach of contract or otherwise, is against the Worker or Company (as applicable) and not against us, notwithstanding anything to the contrary in these Terms or on the Platform.
2.8 You must cooperate with us and comply with all reasonable requirements, including information and documents relating to use of the Platform.
2.9 LUCKYLINK agrees to:
(a) use its best endeavours for Companies to collect through the Platform or other Communications, evidence of the Worker’s identity, work permits, availability, location, knowledge, skills, professionalism, experience, training and diplomas in paper or electronic form and shall make this information available to the Company via the Platform or other Communications;
(b) display the Profile information of Users to other Users on the Platform provided it respects these Terms at all time; and
(c) pursuant to these Terms, pay any refund of Fees to the Company when receiving such notice via the Platform or other Communications.
3.1 We may accept, reject, suspend or remove your account (Account), registration on the Platform and/or Profile in our absolute discretion (with or without giving reasons).
3.2 To create an Account, access the Services and register a Profile on the Platform you must provide a valid login name (your professional email) and a password (Account Information) and may be required to open a business account with PayPal to access certain features. Your Account information and Profile must respect the following rules:
(a) no resemblance with or imitation of the names of existing users;
(b) no vulgarity or insults;
(c) not the same or similar to any registered trademark;
(d) no reference to political orientation, ethnicity, community membership or religion;
3.3 You may also be able to create your Account by providing access via a third party account (such as Facebook, LinkedIn, Twitter or Google+), in which case you consent to our access to the third party account and your access to the Platform remains subject to compliance with the terms and conditions of the third party account and applicable privacy settings.
3.4 Your Account becomes active when you follow the email link to activate your Account. In the case of registration by third party account, your Account is automatically activated without receiving any email confirmation.
3.5 It is your responsibility to keep your Account Information secure and you agree:
(a) not to give out your email with your Account Information;
(b) not to use another person’s Account or share their Account Information;
(c) to take all measures to prevent a third party from accessing your Account, even without your knowledge;
(d) not to give access to your Account to a third party;
(e) not to loan, share, exchange, donation, purchase, transfer and sell any Account (which action is fully prohibited and will not be enforceable against us); and
(f) to use a personal or professional email address and not share this email address with any third party.
3.6 You are solely responsible for the use of your Account, irrespective of who is utilising it, whether with or without your permission. You indemnify us for any loss or damage we suffer as a result of unauthorised access to your Account.
4 PROFILES & INFORMATION
4.1 We will collect from you or your third party account personal information for your Profile, including but not limited to:
(a) Workers: Professional Experience, Qualifications, Work eligibility, Location; and
(b) Companies: Company Name, Business Type, Location, Working Conditions, Employee Benefits.
4.2 You acknowledge that we and other users of the Platform rely on the accuracy and completeness of all information provided during the registration process, completing your Profile and updated on the Platform. You shall be responsible for keeping your Account details and Profile up to date.
4.3 We may require confirmation of identity, details of any registrations that can be publicly searched and copies of certificates for specified qualifications. You must make all declarations and obtain any necessary authorisation (including internal company authorisation) in accordance with the conditions of these Terms and as required by law (including the laws and regulations of the country in which you publish content).
4.4 You warrant and represent that all information provided to us is accurate, complete and not misleading and remains so. You must notify us of any change to such information.
5 USER CONTENT
5.1 You are solely responsible for all activity on the Platform and all content, data and information published on, sent via or in connection with the Platform (including chat discussions with Users and with us about your Profile information, data, links, images, videos and other content) (User Content).
5.2 You warrant that User Content is accurate, complete, honest and genuine. You warrant and represent for User Content (including any musical works, films, videos, images, photographs, texts and other intellectual property) that you have unrestricted authority to use the content on the Platform in accordance with these Terms without infringement of third party rights.
5.3 You grant us an irrevocable, non-exclusive royalty-free global and unrestricted license to use, represent, reproduce and exploit such User Content for all purposes related to the Platform (including reasonable marketing and promotional use).
5.4 You acknowledge that such User Content may be made publicly available and that we are not responsible for editing or monitoring such information. We nevertheless reserve the right to delete any such information in our absolute discretion.
5.5 We may include sponsored content and advertisements on the Platform, including near your content and communications, without compensation to any User.
5.6 We reserve the right to delete or edit any User Content in our absolute discretion and may modify the format, layout, language, size and metadata of such content without changing the meaning of your expression.
5.7 We reserve the right to use algorithms to generate and deliver User Content to you or Users via your Account or not, based on Profile information or User Content you or Users have input while using the Platform.
6 DUTIES OF WORKERS & COMPANIES
6.1 The Worker agrees to:
(a) provide LUCKYLINK with detailed Profile information, as set out on the Platform or via other Communications such as but not limited to: evidence of the Worker’s identity, work permits, CV, previous relevant work placements, education, professional profile picture, availability, location, knowledge, skills, professionalism, experience, training and diplomas in paper or electronic form
(b) link to apply on Companies Profiles with the best intention of an Engagement
(c) read and reply to all Companies in a timely, honest and professional fashion
(d) confirm, cancel, reschedule interviews and shift requests from Companies
(e) attend confirmed interviews and shifts at the Location agreed with the Companies
(f) provide feedback, rate, review or report by flagging Companies with transparency and accuracy (Performance feedback) on the Platform or via other Communications
(g) rigorously update or deactivate their Profile information to give accurate information to Companies
6.2 The Company agrees to:
(a) provide LUCKYLINK with detailed Profile information, data, job vacancy descriptions, as set out on the Platform or via other Communications;
(b) select and confirm on the Platform or via other Communications the type of Membership to use the Services
(c) unless otherwise agreed with us, use the Meeting scheduler feature on the Platform to schedule face to face Interviews and Shifts with Workers prior to the Engagement
(d) provide feedback, rate, review or report by flagging Workers with transparency and accuracy (Performance feedback) on the Platform or via other Communications
(e) notify LUCKYLINK immediately of any Engagement offer which the Company makes to a Worker;
(f) notify LUCKYLINK immediately if any Engagement offer to a Worker is accepted and to provide LUCKYLINK with details of the Engagement such as, but not limited to: the Type of Contract, the Remuneration, length and frequency, as required by LUCKYLINK; and
(g) pay the LUCKYLINK Membership Fees upon receipt and no later than 7 days from the date of the invoice received from LUCKYLINK.
(h) unless otherwise agreed, pay the Workers for any temporary shift via the payment system of the Platform
6.3 In respect of any Worker subject to an Engagement, the Company is responsible for:
(a) obtaining work permits and/or such other permission to work as may be required;
(b) arranging medical examinations and/or investigations into the medical history of any Worker; and
(c) satisfying itself of any medical and other requirements, qualifications or permissions,
required by law of the country in which the Worker is engaged to work and for the type of work in which the Worker is engaged.
6.4 The Company must comply with all obligations under these Terms, and (without limitation) warrants that the information provided in any job description on the Platform is complete, accurate and not misleading.
7 SERVICES & MEMBERSHIPS
7.1 Workers and Companies may receive the right to link up with Users, access specific information, data, paid Services or paid features of the Platform by using the Platform virtual currency (Coins).
7.2 Users do not own the Coins. We reserve the right at any time to make changes to, add or remove Coins and/or related Services available via the Platform, by giving notice of such changes and by communicating such changes on the Platform.
7.3 Coins can be:
(a) purchased by Companies with:
i a Pay-As-You-Go Membership by buying Packages of Coins
ii a Subscription Membership and receive Coins on a monthly basis
(b) earned by Workers or Companies (Complimentary Coins) on specific situations as explained on the Platform or via other means such as, but not limited to emails, chat messages, notifications, third party Platform & social networks (Communications).
7.4 Except as otherwise stated, Coins are non-refundable and you cannot sell or otherwise transfer Coins to any other User Accounts.
7.5 Coins are not redeemable for any sum of money or monetary value from us unless we agree otherwise in writing.
7.6 Coins are subject to availability and they may be subject to conditions and/or expiry, as specified by us on the Platform.
7.7 Coins are deducted from Companies and Workers Accounts as specified on the Platform.
7.8 Purchased Coins are re-credited in specific situations as explained on the Platform or via other Communications
7.9 Complimentary Coins may be cancelled at our absolute discretion.
7.10 Coins may be deducted when Users are linked up automatically by the Platform Robots and manually by us under the Full Account Management Membership.
8 FEES, INVOICING & PAYMENT
8.1 The Company shall pay either the Pay-As-You-Go, the Subscription or the Full Account Management membership fees (Fees)
8.2 If agreed in writing between LUCKYLINK and the Company, additional services fees may apply.
8.3 Fees related to the Pay-As-You-Go or the Subscription memberships are displayed on the Platform or sent via Communications. These fees are valid at the date of the payment. We reserve the right to change these fees at our absolute discretion.
8.4 Fees related to the Full Account Management Membership will be calculated for each Engagement as a percentage (%) of the gross annual base salary, including commission earnings, allowances, inducement payments and all other taxable benefits or the yearly value of the contract should the Worker is self-employed or an invoice is sent by the Worker Company (Remuneration).
(a) a one-off £100 when a Worker is Engaged for temporary, seasonal or casual shifts (less than 3 months in total)
(b) a flat fee of £450 where Remuneration is less than £15,000 per annum (zero hours contract ); or
(c) unless expressly agreed otherwise by us in writing, 3% fee where Remuneration is equal to or greater than £15,000 per annum.
8.5 LUCKYLINK reserves the right to change the Fees at its own discretion by publishing any such changes on the Platform or giving notice to the Company via Communications.
8.6 Additional fees and charges may be applied by LUCKYLINK when offering the Services to the Company, including for agreed out-of-pocket expenses, alteration or cancellation fees, surcharges for payment methods, taxes and duties.
8.7 No Fees are payable by a Company until a Worker commences an Engagement.
8.8 After an Engagement offer has been accepted by a Worker, should a Company decide, for any reason, not to proceed with the Engagement, the Company shall pay LUCKYLINK 50% of the Fee as a cancellation fee.
8.9 In the event that an Engagement is terminated within the first 15 days of the Engagement for any reason other than redundancy, the Company may, in writing, request a refund of 50% of the Fee from LUCKYLINK for any Fee fully paid pursuant to Clause, subject to the following:
8.10 In the event that the Engagement is for a fixed term less than 12 months, the Fee shall be calculated on a pro-rata basis.
8.11 Should the term of an Engagement be extended after the end of a fixed term Engagement or the Company re-engages the Worker within 6 months starting from the end of the previous fixed term Engagement, a Fee for this additional Engagement shall be payable based on the new Remuneration.
8.12 Should a Worker become engaged, directly or indirectly, within 6 months of the date of a link to the Company resulting from the Services (including where the Company provides details of any Worker to a third party), the Company to whom the original link was made shall be liable for any Fee that would have been payable to LUCKYLINK as if that Company had completed the Engagement on any resultant Remuneration (as if the Company was party to the engagement). Where the Remuneration is unknown, this shall be calculated with reference to salaries paid for comparable positions in the market, as reasonably determined by LUCKYLINK.
8.13 If any amount due remains unpaid under this Agreement, either party may charge additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998 (Act). Interest shall accrue daily on such amounts at an annual rate being the higher of: (i) 3% above the current base lending rate of the Barclays Bank at the date the relevant invoice was issued; or (ii) the statutory rate under the Act.
8.14 LUCKYLINK will render a valid tax invoice to the Company on request for all fees paid for Services.
8.15 Unless expressly stated otherwise, all amounts payable under this Agreement are exclusive of VAT. If any payment pursuant to this Agreement constitutes the whole or any part of the consideration for a taxable or deemed taxable supply to recipient, the supplier shall increase that payment by an amount equal to the VAT which is chargeable in respect of the taxable or deemed taxable supply, provided that the recipient shall have delivered a valid VAT invoice in respect of such VAT.
8.16 LUCKYLINK shall be entitled to set off or withhold any amount owed to the Company under this Agreement against any amount payable by the Company to LUCKYLINK.
9 REFERRALS, SHARING & GODFATHERS
9.1 The Platform also features a Recruitment referral system for users to share Lucky Links, jobs and profiles. This allows users to leverage their personal or professional networks by sending sms, Whatsapp chat and emails or posting via their social network accounts (such as Facebook, Twitter, LinkedIn or Google+). Refer to the terms below regarding third party services.
9.2 You may become registered as a “Godfather” when:
(a) you promote the Platform by sending your Lucky Link by email, Whatsapp chat, SMS or to your social networks in order to attract new users to the Platform;
(b) any new user who registers with the Platform via your Lucky Link or indicating you as their Godfather (a “Godson”);
(c) any new user indicates you as their Godfather in the Settings of the Application by entering your promotional code, email or Lucky Link (a “Godson”) (only one modification of Godfather is accepted by each user);
9.3 Godfathers are eligible to receive payments or Coins, as indicated on the Platform (or via notice to the User) .
10 CONDITIONS OF USE
10.1 You accept and acknowledge the following conditions to access and use of the Platform and any Services:
(a) you are over the age of 18 (or over the age of 13 and under the supervision of a parent or legal guardian);
(b) you represent that you have capacity to form a binding contract in your jurisdiction;
(c) you have the authority to bind any business on behalf of which you use our Platform;
(d) you have authority to use the payment method used;
(e) you register on the Platform as a Worker or Company;
(f) you must provide us with accurate personal and contact information and not share your personal information with other users;
(g) you will only represent yourself and will not create false aliases or impersonate any other person or entity (with or without their consent) in connection with the Platform;
(h) you only use the Platform for lawful purposes; and
(i) you are not breaking any local, state, national or international law in your relevant jurisdiction by accessing or using this Platform or the Services;
10.2 We reserve the right to refuse to provide you with access to the Platform if it is brought to our notice or if it is discovered that you are not an eligible user or have breached these Terms.
10.3 You must not share personal information with other users. By using the Platform, you warrant and represent that you will not directly or indirectly circumvent the Platform and that all paid Services will be engaged in accordance with these Terms. Without limitation, Workers and Companies must not use the details on the Platform to contact each other directly or engage outside of the Platform, except for the purposes of an Engagement subject to the Company Terms and otherwise compliance with these Terms.
10.4 You indemnify us for any loss or damage we suffer as a result of your breach of these Terms.
11 CODE OF CONDUCT & USER CONTENT
11.1 You accept and acknowledge the following conditions to access and use of the Platform and any Services:
(a) you must act responsibly, professionally, for the purposes of your professional activity and in good faith;
(b) you do not engage in any discrimination, racism, defamatory, improper, indecent, offensive or other behaviour that incites hatred, discrimination, racism, fanaticism or physical violence of an individual or group;
(c) you will treat the Platform and its users with respect and will not partake in any conduct that could be considered bullying, harassment, degradation, insulting or otherwise demeaning to the human standard of any other person (as determined by us);
(d) you must not request or encourage sharing of personal information from minors;
(e) you shall not represent or advocate illegal or immoral activities;
(f) you shall not take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Platform, or related systems or networks, or any systems or networks connected to the Platform;
(g) you shall not to use any device, software or routine to interfere or attempt to interfere with the proper working of the Platform or any transaction being conducted on the Site, or with any other person’s use of the Platform;
(h) you must not introduce any software viruses or any other computer codes, files, worms, logic bombs or programs that are designed or intended to disrupt, disable, damage, limit or interfere with the proper function of the Platform, or related systems and processes, or to damage or obtain unauthorised access to any system, data, password or other information relating to the Platform or otherwise;
(i) you must not collect for any purpose other than as permitted under these Terms any personally identifiable information, including full names, physical addresses or email addresses;
(j) you must not transmit “junk mail”, “chain letters”, or unsolicited mass mailing or “spamming”;
(k) you shall not attempt to gain unauthorised access to any portion or feature of the Platform, or any other systems or networks connected to the Platform or to any server, computer, network, or to any of the services offered on or through the Platform, by hacking, password “mining” or any other illegitimate means; and
(l) you do not breach any of the Terms.
11.2 Without limitation to the conditions above, the following conditions apply to any User Content you host, display, upload, modify, publish, transmit, update or share on the Platform:
(a) User Content must be true, accurate and not misleading in any way;
(b) you have the necessary rights to publish and use User Content in accordance with these Terms;
(c) use of User Content in accordance with these Terms does not infringe any protected rights, whether such rights are human rights or those provided for under the intellectual property code (copyright, related rights, trademark, patent or other intellectual property);
(d) other than offers for work contemplated by the Platform, nothing may involve any commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising and pyramid schemes, or the buying or selling of “virtual” products related to the Platform; and
(e) User Content must not contain pornographic scenes, scenes containing pedophilia or any other shocking scenes of any kind or which contains a link to any website or application which is reserved for adult use.
(f) We reserve the right to edit, delete and share User content to fit our code of conduct policy.
11.3 You represent and warrant that your use of the Platform and all of your User Content will comply with the above conditions.
12 COMMISSIONS, Prices & Payment
12.1 The following charges apply to use of the Platform and Services:
(a) Workers must pay a commission as specified on the Platform (or via notice to the User) of the amount paid by any Company for an Engagement resulting from use of the Platform (Commission);
(b) Companies pay a commission as specified on the Platform (or via notice to the User) in addition to the amount otherwise payable for an Engagement, from which Godfathers are paid their commissions (if any) (Commission)
(c) Companies may be offered an order or subscription, including a fixed number of monthly Coins and full access to all features of the Platform.
12.2 Companies must pay Workers for each Engagement via the Platform, provided that (unless specified otherwise on the Platform): Workers must have a valid business account with UK PayPal and all related Commissions are paid at the same time.
12.3 All prices for the Services are exclusive of VAT (unless specified on the Platform) and subject to change at any time. You agree to pay any duties or taxes with respect to the Services and indemnify us against any claim arising from failure to make such payment.
12.4 We may charge you additional fees and charges as specified on the Platform.
12.5 Payments must be made in advance by credit card, payment service provider (including PayPal) or any other payment method specified on the Platform. Surcharges may apply for certain payment methods. You warrant that there are sufficient funds on the relevant credit or debit card to pay for all charges, including variable fees for Engagements.
12.6 If any amount due remains unpaid, we may suspend or terminate your Account, charge damages, additional administration costs and interest (both before and after judgment) on the amount unpaid at the rate for the time being that would be applicable if the debt were a qualifying debt under the Late Payment of Commercial Debts (Interest) Act 1998.
13 SYSTEM REQUIREMENTS
13.1 In order to use the Platform, you are required to have a compatible mobile phone, digital pad, or handheld device, internet access, and the necessary minimum system specifications as follows:
(a) Apple iOS devices running iOS 4 and above, Android OS devices running Android OS 2.3 and above, BlackBerry OS devices running 6 and above.
(b) Language: English, Spanish, Portuguese and French.
13.2 The version of the App or Website software may be upgraded to add support for new functions and services.
14 PLATFORM AVAILABILITY
14.1 You acknowledge that we are not required to keep the Platform available for your use and we make no warranties as to its availability or that the Platform will operate continuously or error-free.
14.2 We accept no responsibility for the unavailability of this Platform, or any offer of Services found on the Platform, or any interruption or malfunction for any reason whatsoever (including failures of our Internet provider or web hosting service provider, third party intrusions or force majeure) and you agree that we are not liable for any loss or damage that you or any other person incurs by not being able to access the Platform.
14.3 We make no guarantees, implied or express, as to the ongoing availability of the Platform or Services.
15 INTELLECTUAL PROPERTY
15.1 All content on the Platform is our copyright and property and can be used for any purpose relating to the Platform or our business. Without our express written permission, you shall not copy the Platform for your own commercial purposes, including:
(a) replicate or use the details and profiles of any Company;
(b) replicate all or part of the Services or Platform in anyway;
(c) use any “deep-link”, “robot”, “spider”, “page-scrape” or other automatic device, programme, algorithm or methodology, or any similar or equivalent manual process, to access, acquire, copy or monitor any portion of the Platform, Profiles or any Content, nor in any way reproduce or circumvent the navigational structure or presentation of same, nor obtain or attempt to obtain any materials, documents or information through any means not purposely made available through the Platform; and
(d) incorporate all or part of the Platform in any other webpage, website, platform, application or other digital or non-digital format.
15.2 We have moral and registered rights in the LUCKYLINK and other trademarks and you shall not copy, alter, use or otherwise deal in the marks without our prior written consent.
15.3 All content remains our Intellectual Property, including (without limitation) any source code, product recipes, usage data, ideas, enhancements, feature requests, suggestions or other information provided by the Worker or any Company.
16 THIRD PARTY LINKS, PLATFORMS & ADVERTISING
16.1 The Platform may contain links, information and advertising from businesses, people, websites and applications, hosted, published or operated by third parties (Third Parties). You consent to receiving this information as part of your use of the Platform and acknowledge that we do not control Third Parties.
16.2 We have implemented interactive communication tools known as “Web 2.0” which enable users of the Platform to comment on, recommend and rate other users, products or services, which they benefited from using the Platform. The related comments and messages which are published on the Platform must comply with these Terms. Without limitation, we reserve the right to:
(a) issue certain warnings on the Platform following repeated complaints formulated by unsatisfied users; and
(b) in exceptional circumstances, rate the Product or Service provided by a service provider, based on objective criteria and taking into account the data available from this service.
16.3 We have also developed tools which enable the users to share certain information from the Platform on websites, social networks and blogs which are published by third parties, provided that this type of communication and sharing for promotional purposes, to the exclusion of any commercial use or for any promotional use which is not connected with the Platform or our marketing activities;
16.4 The Users may not post any hypertext links on their user page or on the forums, if such links send the user to Websites whose contents violate the terms of article 19 hereof.
16.5 If after receiving written notice to remove any link, you do not comply with any request for removal or otherwise ensure compliance with these Terms, we reserve the right to delete the link or related User Content and/or delete your Account.
16.6 The use of hypertext links and/or hyperlinks, which directs individuals to our Website, is expressly authorised strictly for the promotion of the Website and the Website and prevent confusion with third party websites. Without limitation, we prohibit users from using techniques known as “framing”, “inline linking” and “deep-linking” for the non-authorised exact reproduction of the contents of the Website and the integration of the Website on webpages published by third parties.
16.7 We are not responsible for any information transmitted by Third Parties or liable for any reliance you make upon the websites, information or statements conveyed by Third Parties (or in relation to your dealings with Third Parties), nor are we responsible for the accuracy of any advertisements.
17 LIMITATION OF LIABILITY & INDEMNITY
17.1 You agree that you use the Platform at your own risk.
17.2 You acknowledge that we are not responsible for the conduct or activities of any Worker or Company and that we are not liable for such under any circumstances.
17.3 You acknowledge that in using the Platform and in relation to the supply of Services you do not rely on any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms.
17.4 You agree to indemnify us for any loss, damage, cost or expense that we may suffer or incur as a result of or in connection with your use of or conduct in connection with the Platform, including any breach by you of these Terms.
17.5 In no circumstances will we be liable for any direct, incidental, consequential or indirect damages, loss or corruption of data, loss of profits, goodwill, bargain or opportunity, loss of anticipated savings or any other similar or analogous loss resulting from your access to, or use of, or inability to use the Platform or any content, or in any way relating to the Services (or the provision or non-provision of Service), whether based on warranty, contract, tort, negligence, in equity or any other legal theory, and whether or not we knew or should have known of the possibility of such damage, to business interruption of any type, whether in tort, contract or otherwise.
17.6 Certain rights and remedies may be available under the Sale of Goods Act 1979 or the Consumer Protection Act 1987 or similar legislation in other jurisdictions and may not be permitted to be excluded, restricted or modified. Apart from those that cannot be excluded, we and our related entities exclude all conditions and warranties that may be implied by law. To the extent permitted by law, our liability for breach of any implied warranty or condition that cannot be excluded is restricted, at our option to the re-performance of Services or payment of the cost of re-supply of Services.
17.7 LUCKYLINK does not guarantee traffic nor links on the Platform, any Engagements or specific results from the Services.
17.8 We are not and cannot be a party to any transaction between Workers and Companies, including any resultant Engagement.
17.9 To the extent permitted by law, Lucklink’s liability to Companies for breach of this Agreement or otherwise in connection with access to the Platform the Services and any implied warranty or condition that cannot be excluded, shall be not more than the value of the applicable Fee.
17.10 Nothing in this Agreement shall limit or exclude the liability of LUCKYLINK and the Users for death or personal injury resulting from its negligence, fraud or fraudulent misrepresentation.
18 PRIVACY & DATA POLICIES
18.4 Without limitation, all necessary consent shall be obtained by the Company and LUCKYLINK from individuals for the purposes of facilitating the performance of the Services.
18.5 In respect of any data stored, processed or controlled by LUCKYLINK, the Company acknowledges that the sole remedy of the Company shall be requiring LUCKYLINK to use reasonable endeavours to restore lost or damaged data.
19.1 Users must maintain in confidence any written information that (Confidential Information):
(a) contains personal information or, where applicable, details of the business of the Company;
(b) details the business of LUCKYLINK;
(c) contains personal information of any Worker; and
(d) is identified by either party as confidential and/or proprietary,
other than information that the relevant party can establish:
(e) was in the public domain at the time it was disclosed;
(f) was already in the possession of a party when given, without having been acquired (directly or indirectly) from the other party; or
(g) was received from another person who had the unrestricted legal right to disclose that information free from any confidentiality obligation.
19.2 Users must not:
(a) use any of the Confidential Information except to the extent necessary to exercise its rights and perform its obligations under this Agreement; or
(b) disclose any of the Confidential Information,
provided that each party may disclose Confidential Information that is required to be disclosed:
(c) by law or by order of any court or tribunal of competent jurisdiction;
(d) by any Government Agency, stock exchange or other regulatory body; or
(e) to its personnel and advisors, where the party informs the recipient of the obligations in relation to the Confidential Information under this Agreement.
19.3 If a User is required to make a disclosure under this Clause, that User must:
(a) to the extent possible, notify the other party if it anticipates that it may be required to disclose any of the Confidential Information; and
(b) only disclose Confidential Information to the extent necessary to comply.
19.4 The obligations under this Clause continue in full force and effect after this Agreement ends.
20 FORCE MAJEURE
20.1 Neither you or us (or our subsidiaries) will be held responsible for any breaches or delays in the use or fulfillment of any Coins, Services or the Platform caused by force majeure, including any matter outside a parties reasonable control or as otherwise understood under French law.
20.2 In situations of force majeure, all obligations under these Terms are suspended, provided that after 48 consecutive hours, you may cancel your Account by sending notice to our Customer Service. If terminated for any of the above reasons, you will no longer be able to access your Account.
21 CANCELLATION & CLOSING ACCOUNTS
21.1 You may only cancel the Services or end the agreement formed by these Terms, by written notice to the Support team on the Platform or via Communications.
21.2 You are not required to give reasons for such termination and your request will be deemed effective the day after receipt by us of your notice request to close the relevant Account.
22 SUSPENSION & TERMINATION
22.1 We may end the agreement formed by the Terms, immediately by giving you written notice. It is not essential to provide reasons for the termination. Where these Terms have been terminated you must immediately cease using the Platform or Services.
22.2 Any termination shall take effect without prejudice to any damages that we might claim from you and your legal representatives, in compensation of the loss suffered as a result of any breach or otherwise provided under these Terms.
22.3 You will be informed by email of any termination or the confirmation of the termination of your Account. Data relating to the Account will be destroyed at your request or upon expiration of the legal time period following the termination of your Account.
22.4 Your use of the Platform may be suspended or cancelled at any time, for any reason, on a temporary or permanent basis. You must immediately cease using the Platform should you receive a notice suspending or cancelling your licence to use the Platform.
22.5 Except as otherwise provided in these Terms or by exceptional arrangement with us, no refund or reimbursement will be granted if the Account is terminated or cancelled before the end of any Memberships or without having redeemed all Coins held.
22.6 The Agreement shall continue with Companies unless terminated by the Company on 14 days written notice, provided that the Company may terminate summarily by giving the LUCKYLINK written notice if the LUCKYLINK:
(a) has not remedied a breach after being given at least 7 days notice;
(b) has committed a breach incapable of remedy;
(c) is insolvent, bankrupt or otherwise incapable of paying its debts; or
(d) has a controller, receiver or other administrator appointed, a resolution is made for winding up or an arrangement is made with creditors of the company.
22.7 Upon termination of this Agreement, the provisions of this Agreement intended to have continuing effect (including Fees, Indemnity, Liability, Confidentiality, Notices and General) shall survive termination. In particular, the Company shall be liable for all Fees accrued in the period ending 12 months after the date of termination and must pay for any Fees and charges payable under this Agreement. The parties acknowledge that any accrued rights shall not be affected and shall survive as necessary for enforcement and discharge of such liabilities.
22.8 LUCKYLINK may assign or subcontract its obligations under this Agreement. The Company may only assign or otherwise create an interest in their rights under this Agreement with the written consent of LUCKYLINK.
23.2 You can direct notices, enquiries, complaints and so forth to us using any other details published on the Platform. We will notify you of a change of details from time-to-time by publishing new details on the Platform.
23.3 We will send you notices and other correspondence to the email address that you submit to the Platform. It is your responsibility to notify us to update your contact details as they change.
23.4 A consent, notice or communication under this agreement is effective if it is sent as an electronic communication (having the meaning given to that term in Electronic Communications Act 2000 and the Electronic Signatures Regulations 2002) unless required to be physically delivered under law.
24.1 We may assign or otherwise create any interest in their rights under these Terms by giving you written notice.
24.2 We may in our absolute discretion amend these Terms at any time, which shall become effective by giving you notice.
24.3 Any provision of these Terms, which is invalid or unenforceable in any jurisdiction, is, as to that jurisdiction, ineffective to the extent of the invalidity or unenforceability without affecting the remaining provisions of these Terms or affecting the validity or enforceability of that provision in any other jurisdiction. The parties will negotiate in good faith to replace any such provision with a provision which is valid and enforceable and consistent with the intention of these Terms, so far as is reasonably practicable.
24.4 These Terms form part of an ecommerce transaction and the parties agree that these Terms shall be accepted electronically and the agreement to these Terms is formed and validly entered into electronically.
24.5 The termination of these Terms does not affect the parties’ rights in respect of periods before the termination of these Terms.
24.6 These Terms and any non-contractual obligation arising therefrom, are governed by the laws of England and Wales and you submit to the exclusive jurisdiction of the courts in London, England.