Effective: 23 January 2020
Last updated: 12 November 2022
These Terms of Use ("Terms") govern your access to and use of CareerEar and Earlybird as applicable offered to you by Career Ear Limited (the "Service") and the CareerEar website (www.careerear.co.uk) and Earlybird website (www.getearlybird.ai) as applicable. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. By accessing or using the Service you agree to be bound by these Terms.If you do not agree to these terms of use, you must not use the Service.
CareerEar is a website application and Earlybird is a software application owned and operated by Career Ear Limited (“We” or “Us”). We are registered in England and Wales under company number 11479497 and our registered office is at International House, Canterbury Crescent, London, England, SW9 7QD.
You may use the Service only if you can form a binding contract with Us, and only in compliance with these Terms and all applicable laws, rules and regulations of England & Wales. You must provide us accurate information, including your real name, when you create your account on the Service.
You represent that you are at least eighteen (18) years old. If you are under eighteen, your parent or legal guardian must consent to these Terms, our Privacy Policy, and Acceptable Use Policy and affirm that they accept this Agreement on behalf of, and bear all legal and financial responsibility and liability for the actions of you, and expressly ratify and confirm any acts of any such child and all users of the account. The Service is made available free of charge.
We do not guarantee that the Service or any content on it, will always be available or be uninterrupted. Use of the Service is permitted on a temporary basis. We may, without prior notice, change the Service; stop providing the Service or features of the Service, to you or to users generally; or create usage limits for the Service. We will not be liable to you if for any reason the Service is unavailable at any time or for any period.
You are responsible for making all arrangements necessary for you to have access to the Service. You are also responsible for ensuring that all persons who access the Service through your internet connection are aware of these Terms, our Privacy Policy and any other rules or policies we have and that they comply with them.
The Service is directed to people residing in the United Kingdom. We do not represent that content available on or through the Service is appropriate or available in other locations. We may limit the availability of the Service or any other service or product described on the Service or by us in any form to any person or geographic area at any time. If you choose to access the Service from outside the United Kingdom, you do so at your own risk.
You are responsible for safeguarding any password or code that you use to access the Service and for any activities or actions under your password. We encourage you to use "strong" passwords (that use a combination of upper and lower case letters, numbers and symbols) with your account.
We will not be liable for any loss or damage arising from your failure to comply with this instruction.We have the right to disable any account, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.
"Content" means any information, text, graphics, or other materials uploaded, downloaded or appearing on the Service. You retain ownership of all Content you submit, post, display, or otherwise make available on the Service.
By submitting, posting or displaying Content on or through the Service, you grant us a worldwide, non-exclusive, royalty-free licence (with the right to sublicence) to use, copy, reproduce, process, adapt, modify, publish, transmit, display and distribute such Content in any and all media or distribution methods (now known or later developed).
You agree that this licence includes the right for other users of the Service to modify your Content, and for Us to make your Content available to others for the publication, distribution, syndication, or broadcast of such Content on other media and services, subject to our terms and conditions for such Content use. Such additional uses by Us or others may be made with no compensation paid to you with respect to the Content that you submit, post, transmit or otherwise make available through the Service. This part of the licence is only applicable to CareerEar.
We may modify or adapt your Content in order to transmit, display or distribute it over computer networks and in various media and/or make changes to your Content as are necessary to conform and adapt that Content to any requirements or limitations of any networks, devices, services or media and in compliance with any legal and/or contractual obligations.
Additionally, by uploading content to the Service, you warrant, represent and agree that you have the right to grant Us the licence described above. You also represent, warrant and agree that you have not and will not contribute any Content that
(a) infringes, violates or otherwise interferes with any copyright or trademark of another party,
(b) reveals any trade secret, unless the trade secret belongs to you or you have the owner's permission to disclose it,
(c) infringes any intellectual property right of another or the privacy or publicity rights of another,
(d) is libelous, defamatory, abusive, threatening, harassing, hateful, offensive or otherwise violates any law or right of any third party,
(e) creates an impression that you know is incorrect, misleading, or deceptive, including by impersonating others or otherwise misrepresenting your affiliation with a person or entity;
(f) contains other people's private or personally identifiable information without their express consent and permission, and/or
(g) contains or links to a virus, trojan horse, worm, time bomb or other computer programming routine or engine that is intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information. We reserve the right in our discretion to remove any Content from the Site, suspend or terminate your account at any time, or pursue any other remedy or relief available under equity or law.
Subject to these Terms, We give you a worldwide, royalty-free, non-assignable and non-exclusive licence to re-post any of the Content on the CareerEar platform anywhere on the rest of the web provided that the user who created the content has not explicitly marked the content as not for reproduction, and provided that you:
(a) do not modify the Content;
(b) attribute CareerEar by name in readable text and with a human and machine-followable link (an HTML <a> anchor tag) linking back to the page displaying the original source of the content on, on every page that contains Career Ear Limited content or, where this is not possible, to our main website (www.careerear.co.uk);
(c) upon request, either by Us or a user, remove the user's name from Content which the user has subsequently made anonymous;
(d) upon request, either by Us or by a user who contributed to the Content, make a reasonable effort to update a particular piece of Content to the latest version found on the Service or www.careerear.co.uk; and
(e) upon request, either by Us or by a user who contributed to the Content, make a reasonable attempt to delete Content that has been deleted or marked as not for reproduction on the Service or main website.
You may only use the attribution required by this Section in the manner set out above. In exercising these rights, you may not implicitly or explicitly assert or imply any connection with, sponsorship or endorsement by Us or any of CareerEar’s users of you or your use of the work, without the separate, express prior written permission of Us or the CareerEar user.
If you operate a search engine or robot, or you republish a significant fraction of all CareerEar Content (as we may determine in our reasonable discretion), you must additionally follow these rules:
- You must use a descriptive user agent header.
- You must follow robots.txt at all times.
- You must make it clear how to contact you, either in your user agent string or on your website if you have one.
Subject to these Terms, We give you a personal, worldwide, royalty-free, revocable, non-assignable and non-exclusive licence to use the Service as it is provided to you by Us. Your Content on CareerEar (subject to content shared and protected by our Privacy Policy) will be viewable by other users of the Service and through third party services and websites. Your Content on Earlybird will be shared with the organisation that referred you to Earlybird and provided you with a code. You should only provide Content that you are comfortable sharing with others under these Terms.
All Content, whether publicly posted or privately transmitted, is the sole responsibility of the person who originated such Content. We may not monitor or control the Content posted via the Service. Any use of or reliance on any Content or materials posted via the Service or obtained by you through the Service is at your own risk. We do not endorse, support, represent or guarantee the completeness, truthfulness, accuracy, or reliability of any Content or answers posted via the Service or endorse any opinions expressed via the Service. You understand that by using the Service, you may be exposed to Content that might be offensive, harmful, inaccurate or otherwise inappropriate. Under no circumstances will We be liable in any way for any Content, including, but not limited to, any errors or omissions in any Content, or any loss or damage of any kind incurred as a result of the use of any Content made available via the Service or broadcast elsewhere.
You are responsible for your use of the Service, for any Content you provide, and for any consequences thereof, including the use of your Content by other users and third-party partners. You understand that your Content may be republished and if you do not have the right to submit Content for such use, it may subject you to liability. We will not be responsible or liable for any use of your Content by Us in accordance with these Terms.
We reserve the right at all times (but will not have an obligation) to remove or refuse to distribute any Content on the Service and to terminate users or reclaim usernames. We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary to
(i) satisfy any applicable law, regulation, legal process or governmental request,
(ii) enforce the Terms, including investigation of potential violations hereof,
(iii) detect, prevent, or otherwise address fraud, security or technical issues,
(iv) respond to user support requests, or
(v) protect the rights, property or safety of Us, our users and the public.
You must not do any of the following while accessing or using the Service:
(i) use the Service for any unlawful purposes or for promotion of illegal activities;
(ii) upload or post any Content (as defined above) in violation of the provisions contained in the "Your Licence to Career Ear Limited" section of these Terms;
(iii) use the Service for the purpose of spamming anyone;
(iv) access or tamper with non-public areas of the Service, Career Ear Limited computer systems, or the technical delivery systems of Career Ear Limited’s providers;
(v) probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
(vi) access or search or attempt to access or search the Service by any means (automated or otherwise) other than through the currently available, published interfaces that are provided by Us (and only pursuant to those terms and conditions), unless you have been specifically allowed to do so in a separate agreement with Us (crawling the Service is permissible in accordance with these Terms, but scraping the Service without the prior consent of Us except as permitted by these Terms is expressly prohibited);
(vii) forge any TCP/IP packet header or any part of the header information in any email or posting, or in any way use the Service to send altered, deceptive or false source-identifying information; or
(viii) interfere with or disrupt (or attempt to do so) the access of any user, host or network, including, without limitation, overloading, flooding, spamming, mail-bombing the Service, or by scripting the creation of Content in such a manner as to interfere with or create an undue burden on the Service.
We do not guarantee that the Service will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, device or other computer platforms in order to access the Service. You should use your own virus protection software.
You must not misuse the Service by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Service, the server on which the Service is stored or any server, computer or database connected to the Service. You must not attack the Service 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 the Service will cease immediately.
We may make available one or more APIs for interacting with the Service. Your use of any of Career Ear Limited API is subject to these terms and Career Ear Limited API Rules, which will be posted before we make these APIs available (as part of these Terms).
All rights, title, and interest in and to the Service (excluding Content provided by users) are and will remain the exclusive property of Us. The Service is protected by copyright, trademark, and other laws of England and Wales. Except as expressly provided herein, nothing in the Terms gives you a right to use the CareerEar or Earlybird name or any of the Career Ear Limited trademarks, logos, domain names, and other distinctive brand features. Any feedback, comments, or suggestions you may provide regarding the Service is entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
The Service may include advertisements, which may be targeted to the Content or information on the Service, queries made through the Service, or other information. The types and extent of advertising by Us on the Service are subject to change. In consideration for Us granting you access to and use of the Service, you agree that We and our third-party providers and partners may place such advertising on the Service or in connection with the display of Content or information from the Service whether submitted by you or others.
We respect the intellectual property rights of others and expect users of the Service to do the same. We will respond to notices of alleged copyright infringement that comply with applicable law and are properly provided to us.
We reserve the right to remove Content alleged to be infringing or otherwise illegal without prior notice and at our sole discretion. In appropriate circumstances, We will also terminate a user's account if the user is determined to be a repeat infringer.
We value your privacy. Please review our Privacy Policy to learn more about how we collect and use information about you via the Service. By using the Service you consent to the transfer of your information to any other country for storage, processing and use by Us.
The Service may contain links to third-party websites or resources. You acknowledge and agree that we are not responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by Us of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources.
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.
To the extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Service or any content on it, whether express or implied. We make no warranty and disclaim all responsibility and liability for the completeness, accuracy, availability, timeliness, security or reliability of the Service or any content thereon.
We will not be liable to any user 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, the Service; or
- use of or reliance on any content displayed on the Service.
If you are a business user, please note that 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 the Service for domestic and private use. You agree not to use the Service 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.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Service or to your downloading of any content on it, or on any website linked to it.
You also agree that We have no responsibility or liability for the deletion of, or the failure to store or to transmit, any Content and other communications maintained by the Service. We assume no responsibility for the content of websites linked on the Service. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
If anyone brings a claim against us related to your actions or Content on the Service, or actions or Content by or from someone using your account, you will indemnify and hold us harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) related to such claim.
If you are a consumer, please note that these Terms, its subject matter and its formation, are governed by English law. You and we both agree that the courts of England and Wales will have non-exclusive jurisdiction.
If you are a business, these terms of use, its subject matter and its 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.
These Terms are the entire and exclusive agreement between Us and you regarding the Service (excluding any services for which you have a separate agreement with Us that is explicitly in addition to or in place of these Terms), and these Terms supersede and replace any prior agreements between Us and you regarding the Service.
The failure of Us to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision. In the event that any provision of these Terms is held to be invalid or unenforceable, the remaining provisions of these Terms will remain in full force and effect.
We may revise these Terms from time to time. The most current version will always be on this page (or such other page as the Service may indicate). If the revision, in our sole discretion, is material we will notify you via posting to our website or e-mail to the email associated with your account. By continuing to access or use the Service after those revisions become effective, you agree to be bound by the revised Terms.
Please check this page from time to time to take notice of any changes we made, as they are binding on you.
The Service is operated and provided by Career Ear Limited, International House, Canterbury Crescent, London SW9 7QD.
If you have questions about these Terms, please contact us - info@getearlybird.ai
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