Terms and Conditions

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THIS SITE

Website Terms and Conditions

What’s in these terms?

These terms tell you the rules for using our website www.clubfire.co.uk (our site).

Click on the links below to go straight to more information on each area:

Who we are and how to contact us

www.clubfire.co.uk is a site operated by Club Fire Ltd (“We”). We are registered in England and Wales under company number 13337870 and have our registered office at 7 Bell Yard, London WC2A 2JR. Our main trading address is 7 Bell Yard, London WC2A 2JR.

We are regulated by the Employment Agency Standards Inspectorate.

We are a limited company.

To contact us, please email info@clubfire.co.uk or telephone our customer service line on 0203 8130 198.

By using our site you accept these terms

By using our site, you confirm that you accept these terms of use and that you agree to comply with them. If you do not agree to these terms, you must not use our site. We recommend that you print a copy of these terms for future reference.

There are other terms that may apply to you

These terms of use refer to the following additional terms, which also apply to your use of our site:

  • Our Privacy Policy. See further under How 0.
  • Our Acceptable Use Policy, which sets out the permitted uses and prohibited uses of our site. When using our site, you must comply with this Acceptable Use Policy.
  • Our Cookie Policy, which sets out information about the cookies on our site.

We may make changes to these terms

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time. These terms were most recently updated on 21.08.2021.

We may make changes to our site

We may update and change our site from time to time [to reflect changes to our services, our users’ needs and our business priorities. We will try to give you reasonable notice of any major changes.

We may suspend or withdraw our site

Our site is made available free of charge.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of use and other applicable terms and conditions, and that they comply with them.

We may transfer this Agreement to someone else

We may transfer our rights and obligations under 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.

Our site is only for users in the UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

You must keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of use.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at info@clubfire.co.uk or telephone our customer service line on 0203 8130 198.

How you may use material on our site

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged.

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy or download any part of our site in breach of these terms of use, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.

Do not rely on information on this site

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

We are not responsible for websites we link to

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

User-generated content is not approved by us

This website may include information and materials uploaded by other users of the site, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our site do not represent our views or values.

How to complain about content uploaded by other users

If you wish to complain about content uploaded by other users, please contact us on https://clubfire.co.uk/contact-us/.

Our responsibility for loss or damage suffered by you

Whether you are a consumer or a business user:

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • Different limitations and exclusions of liability will apply to liability arising as a result of the supply of any products to you, which will be set out in our Terms and conditions of supply https://clubfire.co.uk/acceptable-use-policy/.

If you are a business user:

  • We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.
  • We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
  • use of, or inability to use, our site; or
  • use of or reliance on any content displayed on our site.
  • In particular, we will not be liable for:
  • loss of profits, sales, business, or revenue;
  • business interruption;
  • loss of anticipated savings;
  • loss of business opportunity, goodwill or reputation; or
  • any indirect or consequential loss or damage.

If you are a consumer user:

  • Please note that we only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
  • If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, 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.

How we may use your personal information

We will only use your personal information as set out in our https://clubfire.co.uk/privacy-policy/.

Uploading content to our site

Whenever you make use of a feature that allows you to upload content to our site, or to make contact with other users of our site, you must comply with the content standards set out in our Acceptable Use Policy https://clubfire.co.uk/acceptable-use-policy/.

You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

Any content you upload to our site will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your content, but you are required to grant us [and other users of our site] a limited licence to use, store and copy that content and to distribute and make it available to third parties. The rights you license to us are described in Rights you are giving us to use material you upload.

We also have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our site constitutes a violation of their intellectual property rights, or of their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy https://clubfire.co.uk/acceptable-use-policy/.

You are solely responsible for securing and backing up your content.

We do not store terrorist content.

Rights you are giving us to use material you upload

When you upload or post content to our site, you grant us the following rights to use that content:

  • A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote the site or the service until you remove it or request its removal.
  • A worldwide, non-exclusive, royalty-free, transferable licence for [other users, partners or advertisers] to use the content [for their purposes OR in accordance with the functionality of the site] until you remove it or request its removal.

We are not responsible for viruses and you must not introduce them

We do not guarantee that our site will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes and platform to access our site. You should use your own virus protection software.

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

Rules about linking to our site

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects with the content standards set out in our Acceptable Use Policy https://clubfire.co.uk/acceptable-use-policy/.

If you wish to link to or make any use of content on our site other than that set out above, please contact us at info@clubfire.co.uk.

Which country’s laws apply to any disputes?

If you are a consumer, please note that these terms of use, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

Terms of Service for Candidates

We are CLUB FIRE LTD (“Club Fire”, “we” or “us” and that includes any of our group companies from time to time, who we act as trustee for in respect of the Terms). The following Terms of Service and any documents referred to below (all such terms and documents together referred to as the “Terms”) govern the legal relationship between you and Club Fire in relation to your use of our web application (accessible at the URL www.clubfire.co.uk) (the “Web App”)  and any mobile app “Club Fire” we may make accessible on Apple iOS and/or Google Android from time to time (the ” Mobile App”) (the Web App and Mobile App together being the “App” and all as further defined below) and any updates to those. Please note that the relevant Platform’s (defined below) terms and conditions also apply to your use of any Mobile App we provide from time to time (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, these Terms shall prevail unless stated otherwise herein. Our App allows Candidates (defined below) to find appropriate employment opportunities in the fire, health and safety, legionella and asbestos industries. You must not use our App if you are under the age of 18 and/or do not have a valid and relevant work permit to work in the UK and you hereby warrant that you are 18 years old or over and have such work permit.

  1. Acceptance of these Terms

а. By clicking on the “I accept” button or otherwise completing the registration process online, you are deemed to have read and accepted these Terms prior to using either the Mobile App or the Web App as a registered user.

b. Where relevant, by clicking on the “I accept” button and downloading the Mobile App you represent and warrant to us that: (i) your access and use of the Mobile App will be in accordance with these Terms and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdictions; (ii) you are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; (iii) you are not listed on any US Government list of prohibited or restricted parties; (iv) the information you provide to us is true and accurate and you will update such information when necessary; and (v) you are legally entitled to own the device you are using to access and use the Mobile App and you legally own or control your account.

c. You acknowledge and agree that these Terms apply from the date on which you click “I accept” or otherwise complete the registration process online and that the other relevant documents mentioned at clause 4 below apply from the date you first visited our website or downloaded the Mobile App. Further you acknowledge and agree that the Terms apply to your use of our Web App and/or the Mobile App and that the Terms form a legally binding contract between you and Club Fire.

d. If you disagree with these Terms you must not click “I accept” or otherwise register an account with us.

e. In order to use the Services (defined below) you must register as a Candidate and accept these Terms. We reserve the right to decline or cancel your registration at any time for any reason subject to clause 9 below.

  1. Definitions

App: Club Fire’s software platform and application, which can be accessed from the URL (www.clubfire.co.uk) (the “Web App”) and potentially from time to time from Apple iOS and Google Android (the “Mobile App”), which enables hirers to find appropriate candidates for employment opportunities in the fire, health and safety, legionella and asbestos industries and consisting of the domain name www.clubfire.co.uk (and all other domain names from which the Web App can be accessed); the Features; the Filtering System; the content offered from and generated by the App (including all text, information, data, software, executable code, images, audio or video material in whatever medium or form); the App’s look and feel, graphic user interface and functionality; and, the software (including the algorithm) (in object code and source code format) that powers both the Web App and the Mobile App and that is used to provide the content on it (including any error corrections, updates, upgrades, modifications and enhancements to it made by us).

Candidate: a work seeker introduced to Hirers through our Web App and/or the Mobile App.

DBS: The Disclosure and Barring Service and its successors.

Features: the App features that enable you to contact and to arrange interviews with Hirers. We reserve our right to amend, withdraw and add to our Features from time to time at our discretion.

Hirer: a person or organisation who uses our Web App and/or the Mobile App for the purposes of being introduced to Candidates.

Introduction: when a Candidate is introduced for the first time to a Hirer through our Web App  and/or the Mobile App for the purposes of a filling a particular Vacancy.

Intellectual Property:, rights to inventions; copyright and related rights; trade marks, trade names, domain names, rights in get-up, goodwill and the right to sue for passing off; unfair competition rights; rights in designs; all rights whatsoever in computer programs, firmware, ‘apps’ and other computer software and data; database rights; and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Platform: any mobile app purchasing platform from which you download the Mobile App including Apple iOS and Google Android.

Regulations: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended).

Reviews: a review provided by either a Candidate or a Hirer about the other in respect of their dealings in connection with a Vacancy. The information to be included in a Review will be prompted by Club Fire from time to time at its discretion.

Vacancy: a job or position in the fire, health and safety, legionella and asbestos industries which Hirers are seeking to fill and which they post on our Web App and/or the Mobile App.

  1. Interpretation

a. The headings in these Terms are inserted for convenience only and shall not affect their construction.

b. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

c. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

d. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

  1. Other relevant documents

a. The terms set out in our privacy policy (https://clubfire.co.uk/privacy-policy/), cookie policy (https://clubfire.co.uk/cookies/), acceptable use policy (https://clubfire.co.uk/acceptable-use-policy/) and any Platform Terms (where applicable), and any terms about our packages of services and their pricing stated on our App, form part of the Terms.

However, if any of the provisions of those policies and/or terms conflict with any provisions of these Terms, the terms herein shall prevail except for any terms about our packages of services and their pricing stated on our App which shall prevail.

  1. Services

a. We provide an application to help match you to suitable Vacancies and we provide any other services described in the App for Candidates from time to time (the “Services”). We act as an employment agency to the extent that the Services are or continue to be relevant to the Regulations. We will notify you if our status as an employment agency changes. To confirm, where the Services are “work finding services” (such term having the same meaning as under the Regulations) those are provided free of charge as is required under the Employment Agencies Act 1973 and we will provide additional terms to you if that changes. Otherwise, where any of our services are not “work finding services” we may charge from time to time and please see clause 9 below for more information.

b. Our matching application referred to above is powered by an algorithm which uses the information provided by:

i. you when you create and maintain a Candidate profile; and

ii. information provided to us by Hirers.

c. You must ensure that any information you provide to us is complete and accurate and you will keep us updated on any changes to such information.

d. We will seek from the Hirer and provide to you any information which is required under the Regulations from time to time. That currently includes in respect of any Hirer and Vacancy:

i. company name, trading name and the nature of its business;

ii. the intended start date and intended duration of the work;

iii. the position and type of work the successful Candidate will be required to do;

iv. the location at which the successful Candidate will work and the hours of work expected of them;

v. any relevant health and safety risks and what steps it has taken to prevent or control such risks;

vi. the experience, training and qualifications and any authorisation which it considers are necessary, or which are required by law, or by any professional body which the Candidates must possess in order to do the work;

vii. any expenses payable by or to the successful Candidate;

viii. the minimum rate of pay and any other benefits to be offered and the intervals of payment; and

ix. the notice period that the successful Candidate must give and receive for the Vacancy to be terminated.

e. To be clear, we do not give any guarantee and warranty about the integrity or accuracy of the information that Hirers supply to us and in any event we accept no responsibility or liability should any matched Hirers and/or Vacancies be unsuitable for you. Further, we will ask the Hirer to confirm if they are required by law or any professional body to request a criminal records check from the DBS for any Vacancy. If so, we will confirm that to you. However, for the avoidance of doubt, it is the Hirer’s decision whether it requires such a check and it is its responsibility to make such requests to the DBS in accordance with relevant law. We do not make any such requests to the DBS on our own behalf or any Hirer.

f. The Services are not exclusive and you are free to use the services of other employment agencies or businesses at any time.

g. Should you successfully apply for a Vacancy, it is between you and the Hirer to agree what work is to be done and the relevant contractual terms. We play no part in that process and for the avoidance we are not responsible for payment to you for any such work whether directly or indirectly and the Services do not cover any such payment process.

h. We may make available third party offers, promotions and other benefits through our App. As may be relevant, we will provide relevant terms and conditions for such benefits as they are made available.

i. By using the Services, you agree that any Hirers may contact you about any suitable Vacancies and that you are willing to work in such positions, subject to finalisation of the relevant terms between you and the Hirer. Therefore, you may use any of the Features in accordance with the Terms to deal with Hirers. Once a Hirer cancels a Vacancy on our App, you may not be able to use any of the Features in connection with such Vacancy and you hereby agree that we are not responsible in such case if you are then unable to communicate with the relevant Hirer.

j. If any Vacancy requires you to work with, care for or attend to a vulnerable person or persons (as defined in the Regulations) and you wish to apply for such a post, you must provide us with the information required under the Regulations to confirm your suitability for such a role. We accept no responsibility for any loss that you may suffer should we have to comply with such part of the Regulations.

k. Where it is confirmed to us that you have been successful in applying for a Vacancy and we then receive or obtain information within 3 months of the Introduction which indicates that you are or may not be suitable for that Vacancy, we must inform the Hirer of that without delay to satisfy our obligations under the Regulations. We accept no responsibility for any loss that you may suffer should we have to comply with such part of the Regulations.

i. If any Vacancy means that you would be provided with accommodation or provided with help with travel costs (such as travel cards, travel expenses or loans), as set out more fully in regulation 24 of the Regulations, then (i) the Hirer is responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) it must notify to us that it will provide such accommodation and/or travel costs assistance so that we can satisfy our legal obligations by providing to you the required information under the Regulations. However, we accept no responsibility or liability where the Hirer fails in its obligations to us.

m. If another employment agency or an employment business (as defined in the Regulations) uses the Services we will notify that to you and provide any other information to you in order to satisfy our obligations under the Regulations.

n. As part of the effective provision of the Services and quality control purposes, you agree to provide Reviews and consent that Hirers will provide Reviews about you to us. You must not knowingly provide false, inaccurate or misleading information in respect of Reviews. Reviews will only be used by us to determine whether you and Hirers are appropriate users of the site. If we determine at our sole discretion that you are not an appropriate user we reserve the right to cancel your registration and remove you from our Web App and the Mobile App, subject to clause 9 below.

o. Job Alerts and notifications from us: Candidates can set up job alerts from the ‘Find Jobs’ page. Candidates can create a new job alert in two simple steps. The first step is to name the alert and chose the frequency they would like to receive updates via email. The second step is to fill in keywords for criteria such as a specific job role, salary range, experience, industry sector, posted by (recruiter or employer), and job type (full time, part-time, etc.). Once completed, candidates will receive emails with all published jobs matching their criteria.

p. Notifications: As part of the effective provision of the services, candidates will be provided with a notification control panel on their dashboard. The notification panel has an on/off switch function of different notifications for which candidates can be notified via email. These might include (but not limited to) notifications on a new job post; notifications when the candidate has been shortlisted for an interview by hirer; notifications for a scheduled job interview; notifications for a job application invitation by a hirer, etc.  

q. Hide my profile and CV to registered hirers: This option is available for registered candidates on our website. Candidates may hide their profile and CV from all clients of Club Fire (registered hirers), meaning that their profile and CV will not appear in any CV searches. If candidates wish to hide their profile and CV they need to select the option ‘No’ under the menu ‘Show my profile and CV to registered hirers’.

  1. Licence to use the App and Intellectual Property

a. Our Intellectual Property:

i. “Club Fire” (word) and all other names, logos, icons and marks identifying us, the App and its services are our trade marks. We own (or have a licence to use) all Intellectual Property subsisting in the App.By using the App under licence you do not acquire any Intellectual Property in our App and all right, title and interest to all such intellectual property remains with us or our licensor(s)(as the case may be).

ii. We both acknowledge and agree that in the event of any third party claim that any Mobile App we bring out in future or your possession and use of such Mobile App infringes that third party’s Intellectual Property we, not the Platform owner, are solely responsible for the investigation, defence, settlement and discharge of any such claim.

b. Licence: Provided that you have a valid account with us in respect of your access to and use of the App and in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence to use the App for your personal and/or internal business use on the devices used in connection with your account. You may not distribute, rent lease, lend, sell, transfer or sublicense the App, nor copy, decompile, reverse-engineer, dissembled, attempt to derive the source code of, modify or create derivative works of the App except to the extent as may be permitted by the licensing terms of any open sourced components included in the App and to the extent that the foregoing restrictions is not prohibited by applicable law.

  1. Confidentiality

You agree that during and after the termination of these Terms, you will not, without appropriate consent, use or disclose to any other person any of our information which is identified as confidential or which is confidential by nature. You hereby give consent to us to share with Hirers any information provided by you under these Terms or when using the Services when you create and maintain a profile and/or apply for a Vacancy. Further, you hereby provide consent to us to disclose, publicise, market or otherwise make use of for valid business reasons the fact that you use our services and details of any Vacancies you successfully apply for using the Services (Hirers will be required to provide a similar consent to the disclosure of such information). We can also use relevant information about your relationship with us for valid business, administration and investment reasons.

  1. Data Protection

We process your data as a data controller. Please see our privacy notice here https://clubfire.co.uk/privacy-policy/ for the required information about how we process that personal data. Hirers are independent data controllers for the processing of your data through our App, please see any Hirer’s privacy notice where appropriate.

  1. Price and payment

Until further notice, all the Services are provided free of charge. However, we reserve our right to introduce lawful payment terms at our discretion for services which are not “work finding services”. For the avoidance of doubt, if we decide to put in place payment terms and which are likely to be provided directly on the App along with other terms and conditions about the relevant services provided (such payment terms and terms and conditions then form part of these Terms), those will include any protections required by law in respect of refunds and cancellations.

  1. Status

We are an employment agency but we are not an employment business. Nothing in the Terms shall render us as an employment business. We do not contract with you or Hirers directly in respect of any work that you may perform for Hirers. We merely provide the Services and it is between you and the Hirer at your respective risk to contract with each other about any such work.  Further, nothing in this agreement shall render you as our employee, worker, agent or partner and you shall not be held out as such.

  1. Liability

In addition to any other relevant provisions on the issue of liability in the Terms:

a. To the maximum extent permitted by law, we accept no liability for any of the following:

i. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

ii. loss or corruption of any data, database or software; or

iii. any special, indirect or consequential loss or damage.

b. Should you fail to satisfy any of your contractual or legal obligations to us or Hirers or any other relevant person or organisation as set out, mentioned or alluded to in the Terms, and in particular (although without limitation) clauses 5, 6, 7, 8 and 9 of these Terms of Service, we accept no responsibility or liability for any such breaches by you or any relevant breaches by us as a result (including, without limitation, relating to the Regulations) and you hereby indemnify and keep indemnified us against any costs, penalties, damages, fines or other losses (including, without limitation, reasonable legal costs) suffered by us in connection with any such failure by you as above.

  1. Termination

Subject to clause 9 above, either of us can terminate your registration of our Web App and the Mobile App for any reason and without notice. We may also with for any reason and without notice;

a.remove any content you publish on the App;

b.erify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;

c.take any steps to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and

d.if we decide to terminate, suspend or refuse to allow your use of the App, share or publish your name and email address and notify third parties (including the Platform owner).

Thereafter, any continued use of our Web App and/or the Mobile App as an unregistered user will continue to be subject to terms set out in the Relevant Documents. For the avoidance of doubt, any terms stated to survive the termination of these Terms of Service and/or any indemnities given in the Terms will continue in full force and effect post termination of these Terms of Service.

  1. General

a. Subject to clause 9, you agree that we can and we reserve the right to amend, replace or add to the Terms at our sole discretion. Please check these Terms from time to time to take notice of any changes we made, as they are binding on you, including without limitation where you continue to use our App after any such change to these Terms.

b. Each of you and Club Fire acknowledge that in entering into the Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.

c. We may defer the date for performance of the Services, or terminate these Terms of Service, if we are prevented from, or delayed in, carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including epidemics and pandemics and government actions as a result, strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractors.

d. Any failure by us to enforce at any particular time any one or more of these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently nor shall it prejudice our right to take action in respect of the same or any later breach.

e. No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 with the exception of Apple and Apple’s subsidiaries in relation to your use of the Mobile App on Apple iOS.

f. If any of the provisions of the Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.

g. These Terms shall be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. Your use of the App may also be subject to other local, state, national or international laws.

h. Where these Terms are also provided in a language other than English, whilst the translation is believed to be accurate, no warranty to that effect is given, and the English language version will prevail.

i. Complaints and Disputes: Please contact us immediately using its contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in the App or in relation to us generally; or (b) believe that any act or omission by us or one of our other users of the App is in breach of applicable law. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that we, not the Platform owner will be solely responsible, are responsible for addressing your or any third party’s claim relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

j. Our contact details: Club Fire Ltd is a private limited company incorporated in England with company number 13337870 with its registered office at 7 Bell Yard, London, England, WC2A 2JR. You can contact us by email at info@clubfire.co.uk.

Terms of Service for Hirers

We are CLUB FIRE LTD (“Club Fire”, “we” or “us” and that includes any of our group companies from time to time, who we act as trustee for in respect of the Terms). The following Terms of Service and any documents referred to below (all such terms and documents together referred to as the “Terms”) govern the legal relationship between you and Club Fire in relation to your use of our web application (accessible at the URL www.clubfire.co.uk) (the “Web App”)  and any mobile app “Club Fire” we may make accessible on Apple iOS and/or Google Android from time to time (the ” Mobile App”) (the Web App and Mobile App together being the “App” and all as further defined below) and any updates to those. Please note that the relevant Platform’s (defined below) terms and conditions also apply to your use of any Mobile App we provide from time to time (the “Platform Terms”). If there is any conflict between these Terms and the Platform Terms, these Terms shall prevail unless stated otherwise herein. Our App allows Hirers (defined below) to find appropriate Candidates (defined below) for employment opportunities in the fire, health and safety, legionella and asbestos industries. We will not to our knowledge provide any Candidates under the age of 18 or who do not have the right to work in the UK, although we can give no guarantee about the information Candidates provide to us and ultimately you must perform suitable background checks yourself.

  1. Acceptance of these Terms

a. By clicking on the “I accept” button or otherwise completing the registration process online, you are deemed to have read and accepted these Terms prior to using either the Mobile App or the Web App as a registered user.

b. Where relevant, by clicking on the “I accept” button and downloading the Mobile App you represent and warrant to us that: (i) your access and use of the Mobile App will be in accordance with these Terms and with all applicable laws, rules and regulations of the United Kingdom and any other relevant jurisdictions; (ii) you are not located in a country that is subject to a US Government embargo or has been designated by the US Government as a ‘terrorist supporting’ country; (iii) you are not listed on any US Government list of prohibited or restricted parties; (iv) the information you provide to us is true and accurate and you will update such information when necessary; and (v) you are legally entitled to own the device you are using to access and use the Mobile App and you legally own or control your account.

c. You acknowledge and agree that these Terms apply from the date on which you click “I accept” or otherwise complete the registration process online and that the other relevant documents mentioned at clause 4 below apply from the date you first visited our website or downloaded the Mobile App. Further you acknowledge and agree that the Terms apply to your use of our Web App and/or the Mobile App and that the Terms form a legally binding contract between you and Club Fire.

d. If you disagree with these Terms you must not click “I accept” or otherwise register an account with us. You acknowledge and agree that Your Representative has the authority to enter into and to bind you to the Terms and your continued use of our Web App and/or the Mobile App is confirmation of that.

e. In order to use the Services (defined below) you must register as a hirer and accept these Terms.

f. We reserve the right to decline or cancel your registration at any time for any reason. Please be aware of our refund policy set out at clause 10 in the event of such cancellation.

 

  1. Definitions

App: Club Fire’s software platform and application, which can be accessed from the URL (www.clubfire.co.uk) (the “Web App”) and potentially from time to time from Apple iOS and Google Android (the “Mobile App”), which enables hirers to find appropriate candidates for employment opportunities in the fire, health and safety, legionella and asbestos industries and consisting of the domain name www.clubfire.co.uk (and all other domain names from which the Web App can be accessed); the Features; the Filtering System; the content offered from and generated by the App (including all text, information, data, software, executable code, images, audio or video material in whatever medium or form); the App’s look and feel, graphic user interface and functionality; and, the software (including the algorithm) (in object code and source code format) that powers both the Web App and the Mobile App and that is used to provide the content on it (including any error corrections, updates, upgrades, modifications and enhancements to it made by us).

Candidate: a work seeker introduced to you through our Web App and/or Mobile App.

DBS: The Disclosure and Barring Service and its successors.

Features: the App features that enable you to post jobs for Vacancies, search for and contact Candidates and to arrange interviews and have communication with Candidates. We reserve our right to amend, withdraw and add to our Features from time to time at our discretion.

 

Filtering System: a selection of questions and answers set by us from time to time, which you complete when posting Vacancies.

Hirer: a person or organisation who uses our Web App and/or the Mobile App for the purposes of being introduced to Candidates.

Intellectual Property:, rights to inventions; copyright and related rights; trade marks, trade names, domain names, rights in get-up, goodwill and the right to sue for passing off; unfair competition rights; rights in designs; all rights whatsoever in computer programs, firmware, ‘apps’ and other computer software and data; database rights; and any other intellectual property rights, in each case whether registered or unregistered and including all applications (or rights to apply) for and to be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world.

Introduction: when a Candidate is introduced for the first time to a Hirer through our Web App and/or the Mobile App for the purposes of a filling a particular Vacancy.

Platform: any mobile app purchasing platform from which you download the Mobile App including Apple iOS and Google Android.

Regulations: The Conduct of Employment Agencies and Employment Businesses Regulations 2003 (as amended).

Reviews: a review provided by either a Candidate or a Hirer about the other in respect of their dealings in connection with a Vacancy. The information to be included in a Review will be prompted by Club Fire from time to time at its discretion.

Vacancy: a job or position in the fire, health and safety, legionella and asbestos industries which you are seeking to fill and which you post on our App.

Your Representative: the person who creates and maintains a profile for your company or organisation on our App.

  1. Interpretation

 

a. The headings in these Terms are inserted for convenience only and shall not affect their construction.

b. A reference to a particular law is a reference to it as it is in force for the time being taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.

c. Unless the context otherwise requires, a reference to one gender shall include a reference to the other genders.

d. Unless the context otherwise requires, words in the singular shall include the plural and in the plural shall include the singular.

 

  1. Other relevant documents

a. The terms set out in our privacy policy (https://clubfire.co.uk/privacy-policy/), cookie policy (https://clubfire.co.uk/cookies/), acceptable use policy (https://clubfire.co.uk/acceptable-use-policy/) and any Platform Terms (where applicable), and any terms about our packages of services and their pricing stated on our App, form part of the Terms.

However, if any of the provisions of those policies and/or terms conflict with any provisions of these Terms, the terms herein shall prevail except for any terms about our packages of services and their pricing stated on our App which shall prevail.

 

  1. Services

a. We provide the App to help you match Candidates to your Vacancies and we provide any other services described in our Web App and/or the Mobile App for Hirers from time to time (the “Services”). We act as an employment agency to the extent that the Services are or continue to be relevant to the Regulations. We will notify you if our status as an employment agency changes. If you require work beyond the scope of the Services, we are happy to consider any proposal and may, at our discretion, agree to enter into separate terms with you about such work.

b. Our matching application referred to above is powered by an algorithm which uses the information provided by:

i. you and/or Your Representative when you create and maintain a Hirer profile, use the Filtering System and post a Vacancy; and

ii. information provided to us by the Candidates.

c. In order to use the Services, you are required to provide all of the requested information when you and/or Your Representative carry out the activities mentioned at clause 5(b)(i) above and such information is set out more fully in the Web App and the Mobile App. We reserve the right to request and you and/or Your Representative shall provide further relevant and lawful information from you and/or Your representative in order to improve or amend any part of the performance of the Services as we see fit and/or so that we can satisfy any relevant legal obligations. To confirm, in order to satisfy our obligations under the Regulations, the information that we will require from you in respect of a Vacancy (and which information will be made available to the Candidates for the effective provision of the Services) is:

i. your company name, trading name and the nature of your business;

ii. the intended start date and intended duration of the work;

iii. the position and type of work the successful Candidate will be required to do;

iv. the location at which the successful Candidate will work and the hours of work expected of them;

v. any relevant health and safety risks and what steps you have taken to prevent or control such risks;

vi. the experience, training and qualifications and any authorisation which you consider are necessary, or which are required by law, or by any professional body which the Candidates must possess in order to do the work (this includes but is not limited to any criminal records checks that may be required by law or a relevant professional body); 

vii. any expenses payable by or to the successful Candidate;

viii.the minimum rate of pay and any other benefits to be offered and the intervals of payment; and

ix. the notice period that the successful Candidate must give and receive for the Vacancy to be terminated

 

d. You must ensure that any information you and/or Your Representative provide to us is complete and accurate and you will keep us updated on any changes to such information. To confirm, if a criminal records check is required as above, we will notify that to the Candidate. However, for the avoidance of doubt, it is your responsibility to request any such checks of the DBS in accordance with relevant law. We do not make any such requests on your behalf.

e. Candidates will provide a general confirmation that they agree to you contacting them about any suitable Vacancies after a match is notified to you when you have posted a Vacancy and that they are willing to do the work required. Therefore, you may use any of the Features in accordance with the Terms after such a match has been made. Once you cancel a Vacancy on our Web App or the Mobile App, you may not be able to use any of the Features in connection with such Vacancy and you hereby agree that we are not responsible in such case if you are then unable to communicate with Candidates.

f. To be clear, we do not give any guarantee and warranty about the integrity or accuracy of the information that Candidates supply to us and in any event we accept no responsibility or liability should any matched Candidates be unsuitable for the relevant Vacancy. You are responsible for carrying out any appropriate background and right to work checks on Candidates and conducting an appropriate and lawful recruitment process before you hire them.

g. If any Vacancy requires a Candidate to work with, care for or attend to a vulnerable person or persons (as defined in the Regulations), then you must notify this fact to us so that we can seek to satisfy our legal obligations by providing to you the relevant information under the Regulations. Should you fail to disclose such fact to us, we accept no responsibility or liability for any breach of the Regulations and you have no right of action against us in that case. In any event, you are ultimately responsible for determining who is a suitable and appropriate Candidate for your Vacancy.

h. Where it is confirmed to us that a Candidate has been successful in applying for a Vacancy and we then receive or obtain information within 3 months of the Introduction which indicates that he/she is or may not be suitable for that Vacancy, we will inform you of that without delay to satisfy our obligations under the Regulations. We accept no responsibility for any loss that you may suffer should we have to comply with such part of the Regulations.

i. If any Vacancy means that a Candidate would be provided with accommodation or provided with help with travel costs (such as travel cards, travel expenses or loans), as set out more fully in regulation 24 of the Regulations, then (i) you are responsible for providing any such lawful accommodation and/or travel costs assistance and (ii) you must notify to us the fact that you are to provide such accommodation and/or travel costs assistance so that we can satisfy our legal obligations by providing to the Candidate the required information under the Regulations.

j. If you are an employment agency or an employment business (as defined in the Regulations) you must notify this fact in your profile on our Web App and/or the Mobile App. We may then decline or cancel your registration at our discretion. However, if we exercise our discretion to permit your registration then you agree that before you post any Vacancies you will do all relevant things and provide all relevant information and documents as requested by us so that we can satisfy our obligations under the Regulations.

k. As part of the effective provision of the Services and quality control purposes, you agree to provide Reviews and consent that Candidates will provide Reviews about you to us. You must not knowingly provide false, inaccurate or misleading information in respect of Reviews. Reviews will only be used by us to determine whether you and the Candidate are appropriate users of the App. If we determine at our sole discretion that you are not an appropriate user we reserve the right to cancel your registration and remove you from our Web App and the Mobile App.

i. You will provide to us any other information that we require to satisfy our obligations under the Regulations including, without limitation, those in respect of record keeping. That means that we will require and you will provide details of successful applications for Vacancies by Candidates and details of the resulting engagement and the date from which it takes effect.

m. As part of the effective provision of the services, you will be receiving notifications via email about different operations such as (but not limited to): Admin approval for each job advert; submitted new job applications by candidates; cancelation and re-scheduling of job interviews with candidates; job advert expiry; job and CV package expiry; etc.

 

  1. Licence to use the App and Intellectual Property

 

a. Our Intellectual Property:

i. “Club Fire” (word) and all other names, logos, icons and marks identifying us, the App and its services are our trade marks. We own (or have a licence to use) all Intellectual Property subsisting in the App.By using the App under licence you do not acquire any Intellectual Property in our App and all right, title and interest to all such intellectual property remains with us or our licensor(s)(as the case may be).

ii. We both acknowledge and agree that in the event of any third party claim that any Mobile App we bring out in future or your possession and use of such Mobile App infringes that third party’s Intellectual Property we, not the Platform owner, are solely responsible for the investigation, defence, settlement and discharge of any such claim.

Licence: Provided that you have a valid account with us in respect of your access to and use of the App and in consideration of your agreement to be bound by these Terms, we grant you a single non-exclusive, non-transferable, revocable licence to use the App for your personal and/or internal business use on the devices used in connection with your account. You may not distribute, rent, lease, lend, sell, transfer or sublicense the App, nor copy, decompile, reverse-engineer, dissembled, attempt to derive the source code of, modify or create derivative works of the App except to the extent as may be permitted by the licensing terms of any open sourced components included in the App and to the extent that the foregoing restrictions are not prohibited by applicable law.

 

  1. Confidentiality

You agree and will procure that Your Representative agrees and we agree that during and after the termination of these Terms, each will not, without appropriate consent, use or disclose to any other person any information of the other which is identified as confidential or which is confidential by nature. You hereby give and you procure that Your Representative gives consent to us to share with Candidates any information provided by you and/or Your Representative under these Terms or when using the Services when you create and maintain a profile and/or post any Vacancy. Further, you hereby provide consent to us to disclose, publicise, market or otherwise make use of for valid business reasons the fact that you use our services and details of any successful Vacancies which you fill through using the Services (Candidates will be required to provide a similar consent to the disclosure of such information). We can also use relevant information about your relationship with us for valid business, administration and investment reasons and we hereby grant to you consent to use such information for your own valid business purposes.

 

  1. Data Protection

a. We process your Representative’s data as a data controller. Please see our privacy notice here https://clubfire.co.uk/privacy-policy/ for the required information about how we process that personal data.

b. In respect of Candidate personal data processed by each of us in connection with our App, we each act as independent data controllers. Each of us hereby agrees to satisfy our relevant data protection obligations.

 

  1. Price and payment

a. You may register an account with us free of charge. However, many of our functional services for Hirers require payment on a pay-as-you-go basis, such as for posting jobs, unless any of our packages of services are stated as free of charge. Please note that the “Starter” package on our App may only be used once as a free trial. The fees for our relevant services (the “Pay-as-you-go Fees”) and any additional terms and conditions in respect of those services (which terms and conditions form part of these Terms) will be notified to you from time to time on our App. The Pay-as-you-go Fees are exclusive of VAT or other taxes (where applicable) unless otherwise stated on the App.

b. You shall pay the Pay-as-you-go Fees using the facility on the App for payment when selecting your requested pay-as-you-go option. This includes by credit/debit card and via third party payment providers such as Paypal, or such other payment methods as we may notify you from time to time on the App.

c. You acknowledge that we merely provide a platform and that we are not a payment provider or a ‘merchant’ for payment. Instead, payment services are provided by a payment provider integrated into the App. We are not party to any agreement between you and the payment provider and are not liable for any claim or liability in relation to payment provision services. You may be bound by the payment provider’s terms which may be different to these Terms. Payment providers may decide whether you are suitable to use their services and we are not liable for such decisions.

d. We may change the Pay-as-you-go Fees from time to time and will communicate those changes on our App. This will not affect the price of any purchases previously made by you. You have the choice not to purchase any further pay-as-you-go options if you do not agree with any price changes.

 

  1. Refund Policy and use of Offers and Discounts

a. As we offer a pay-as-you-go service for Hirers, we do not offer refunds. If you have any questions, concerns or issues with your purchases, please contact us at the details provided in these Terms to discuss the matter.

b. We may, from time to time, provide offers or discounts in respect of our Services. Each offer may only be used individually and may not be used in conjunction with any other offer.

 

  1. Status

We are an employment agency but we are not an employment business. Nothing in the Terms shall render us as an employment business. We do not contract with you or the Candidates directly in respect of the work that you require Candidates to perform. We merely provide the Services and it is between you and the Candidates at your respective risk to contract with each other about any such work.  Further, nothing in this agreement shall render your or our employees or other staff as an employee, worker, agent or partner of the other and they shall not be held out as such.

  1. Liability

In addition to any other relevant provisions on the issue of liability in the Terms:

a. To the maximum extent permitted by law, we accept no liability for any of the following:

i. any business losses, such as loss of profits, income, revenue, anticipated savings, business, contracts, goodwill or commercial opportunities;

ii. loss or corruption of any data, database or software; or

ii. any special, indirect or consequential loss or damage.

Should you fail to satisfy any of your contractual or legal obligations to us, Candidates, your own clients or customers or any other relevant person or organisation as set out, mentioned or alluded to in the Terms, and in particular (although without limitation) clauses 5, 6, 7, 8, 9 and 12 of these Terms, we accept no responsibility or liability for any such breaches by you or any relevant breaches by us as a result (including, without limitation, relating to the Regulations) and you hereby indemnify and keep indemnified us against any costs, penalties, damages, fines or other losses (including, without limitation, reasonable legal costs) suffered by us in connection with any such failure by you as above.

 

  1. Non-Solicitation

You agree and we agree that each of us will not, whether directly or indirectly, during the period that you are a registered user or for six months thereafter solicit or entice away or attempt to entice away or authorise such action by any other person, any key executive of the other party who has been involved in the provision of the Services.

  1. Termination

Either of us can terminate your registration of our Web App and the Mobile App for any reason and without notice. We may also with for any reason and without notice;

a.remove any content you publish on the App;

b.verify your information by requesting certain documents and refuse your requests to use the App if we believe there is reason to do so;

c.take any steps to terminate or suspend your use of the App if we believe you have failed to comply with any of the provisions of these Terms; and

d.if we decide to terminate, suspend or refuse to allow your use of the App, share or publish your name and email address and notify third parties (including the Platform owner).

 

Thereafter, any continued use of our Web App and/or the Mobile App as an unregistered user will continue to be subject to terms set out in the Relevant Documents. For the avoidance of doubt, any terms stated to survive the termination of these Terms and/or any indemnities given in the Terms will continue in full force and effect post termination of these Terms.

  1. General

a. We reserve the right to amend, replace or add to the Terms at our sole discretion as we see fit and to satisfy any relevant legal obligations. Please check these Terms from time to time to take notice of any changes we made, as they are binding on you, including without limitation where you continue to use our App after any such change to these Terms.

b. Each of you and Club Fire acknowledge that in entering into the Terms it does not rely on, and shall have no remedies in respect of, any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Terms.

c. We may defer the date for performance of the Services, or terminate these Terms, if we are prevented from, or delayed in, carrying on our business by acts, events, omissions or accidents beyond our reasonable control, including epidemics and pandemics and government actions as a result, strikes, lockouts or other industrial disputes, failure of a utility service or transport network, act of god, war, riot, civil commotion, malicious damage, compliance with any law or governmental order, rule, regulation or direction, accident, breakdown of machinery, fire, flood, storm or default of suppliers or subcontractors.

d. Any failure by us to enforce at any particular time any one or more of these Terms shall not be deemed a waiver of such rights or of the right to enforce these Terms subsequently nor shall it prejudice our right to take action in respect of the same or any later breach.

e. No provision of these Terms shall be enforceable by any person who is not a party to it pursuant to the Contract (Rights of Third Parties) Act 1999 with the exception of Apple and Apple’s subsidiaries in relation to your use of the Mobile App on Apple iOS.

f. If any of the provisions of the Terms shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining provisions, which shall continue to be valid to the fullest extent permitted by applicable laws.

g. These Terms shall be construed in accordance with English law and the parties submit to the exclusive jurisdiction of the English courts. Your use of the App may also be subject to other local, state, national or international laws.

h. Where these Terms are also provided in a language other than English, whilst the translation is believed to be accurate, no warranty to that effect is given, and the English language version will prevail.

i. Complaints and Disputes: Please contact us immediately using its contact details below if you: (a) have any questions, complaints, claims or concerns about content which appears in the App or in relation to us generally; or (b) believe that any act or omission by us or one of our other users of the App is in breach of applicable law. We will then consider your concerns and decide whether to take action and whether or not any other user has in our opinion, breached any of these Terms. We will endeavour to inform you of the outcome of any review within a reasonable time of receiving your complaint. We both acknowledge that we, not the Platform owner will be solely responsible, are responsible for addressing your or any third party’s claim relating to the App or your possession and/or use of the App including, but not limited to: (i) product liability claims; (ii) any claim that the App fails to conform to any applicable legal or regulatory requirement; and (iii) claims arising under consumer protection or similar legislation.

j. Our contact details: Club Fire Recruitment Ltd is a private limited company incorporated in England with company number 13337870 with its registered office at 7 Bell Yard, London, England, WC2A 2JR. You can contact us by email at info@clubfire.co.uk.