Disclaimer – Shiftshack Limited
1. The contents of this Site are subject to the matters 3(i) - (viii) set out below.
2. All users acknowledge and accept the disclaimer detailed below in order to obtain access to this site.
3. Scottish Law and jurisdiction applies with respect to contents of this Site.
(i) Contents are only for general information or use by our clients (as indicated).
(ii) The information on this Site is updated from time to time. However, we hereby exclude any warranties (whether expressed or implied), as to the quality, accuracy, efficacy, completeness, performance, fitness for a particular purpose of the Site or any of its contents, including (but not limited) to any personal information contained within the Site.
(iii) We will not be liable for any damages (including, without limitation, damages for any consequential loss or loss of business opportunities or projects, or loss of profits) howsoever arising and whether in contract, delict or otherwise from the use of or inability to use the Site, or any of its contents, or from any action or omission taken as a result of using the Site or any such contents.
(iv) This Site contains material in the form of personal information submitted by members and we accept no responsibility for the content or accuracy of such personal information nor do we make any representations by virtue of the contents of this Site in respect of the existence or availability of any jobs promoted or offered by members.
(v) We make no warranty that the contents of the Site are free from infection by viruses or anything else which has contaminating or destructive properties and shall have no liability in respect thereof.
(vi) You should note that certain links on the Site may lead to resources located on servers maintained by third parties over whom we have no control and accordingly we accept no responsibility or liability for any of the material contained on those servers.
(vii) Where part of the Site contains advertising and other material submitted to us by third parties please note that those advertisers are responsible for ensuring that material submitted for inclusion on the Site complies with all legal requirements. Although acceptance of advertisements on the Site is subject to our terms and conditions which are available on request, we do not accept liability in respect of any advertisements.
(viii) All liability is excluded to the extent permitted by law including any implied terms.
Shiftshack Limited - Terms and Conditions (Worker)
1. Introduction
1.1 This website is owned and operated by Shiftshack Limited (Shiftshack™), a Scottish registered company (number SC342790) and having their registered office at 1 Law Place, Nerston Mains, East Kilbride, G74 4QQ.
1.2 Please read these T&Cs carefully. These T&Cs cancel and replace any terms and conditions previously agreed to, even if the latter have not been expressly withdrawn or amended. By registering as a Member or using the Services (whether or not you register as a Member), you agree to be bound by these T&Cs. If you do not accept them in full, you must not register as a Member nor use the Services.
1.3 If you are a consumer your statutory rights are not affected by this agreement.
2. Definitions
FAQs: the frequently asked questions on our Site
Member: a validly registered user of the Services, whether paid or unpaid
Member Content: information published by Members on the Services, or sent by Members to other Members through the Services, including profiles, and messages
Paid Services: all Services which Shiftshack makes available to Members on payment of a fee or subscription
Site: our website at www.Shiftshack.com or such other website as we may use to provide the Services from time to time
Services: the group of services made available by Shiftshack and which is or may be accessible from multiple platforms (including the Site, SMS, MMS, WAP) whether with or without payment
T&Cs: these terms and conditions
User: means any person who uses the Services
3. Registration and use of Services
3.1 We reserve the right at our discretion to refuse any application to become a Member. You shall not become a Member until you receive email confirmation from us.
3.2 You will ensure that all contact and payment information which you provide us is accurate and not misleading and that you will update them so that they remain so.
3.3 The equipment used to gain access to Services shall be the responsibility of the User as shall the telecommunications or other costs incurred by their use.
3.4 We may deactivate accounts of Members who have not used the Services for 6 months.
4. Safety and Security
4.1 We do not provide internet access or an electronic communication service to the public.
4.2 You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.
4.3 When arranging to meet another person through use of the Services, you are strongly advised to take appropriate security precautions. Any such meetings are at your own risk and are not our responsibility.
4.4 We are not liable if your identity is used by someone else.
4.5 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username, password or answer to your security question. In such case you should also immediately amend your password, using the Services
5. Member Obligations
5.1 You agree that you will not:
5.1.1 in connection with the Services breach any applicable law, regulation or code of conduct;
5.1.2 publish or send any Member Content or communications to us which are false or misleading (and you agree to update Member Content to ensure that it does not become false or misleading), deceitful, invasive of another’s privacy, offensive, harmful, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing;
5.1.3 reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last name, postal / email address or telephone number;
5.1.4 disclose or make accessible to any third party your answer to your security question, verification email, any username(s), password(s), activation code(s) or similar information allocated to Members or use them for any purpose other than authentication for the Services.
5.1.5 publish or send any Member Content which links to any third party websites which are illegal or contain inappropriate content;
5.1.6 do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings;
5.1.7 attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services; or
5.1.8 use the Services other than for the purposes set out in these T&Cs and that any breach of the foregoing constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement which may occur).
5.2 You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.
5.3 You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services. Click here to report inappropriate behaviour or suspicious profiles to the moderation team.
6. Member Content
6.1 It is your responsibility to decide which information to provide, publish or send via Member Content. Shiftshack cannot be held liable for any misuse thereof by any other User or third party.
6.2 We reserve the right not to accept or to suspend or remove from our Services all or part of any Member Content for any reason.
6.3 We are not liable for Member Content or other activities of Members which may breach the rights of other Users or third parties.
6.4 We permit Members to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps as outlined in these T&Cs in respect of such information which comes to our attention.
6.5 We reserve the right to irretrievably delete messages and other Member Content if an account is deactivated or if we exercise any right of termination under this agreement.
7. Intellectual property rights
7.1 The trade marks (including Shiftshack™),graphics, images, photographs, animation, videos, text and software used in the Services are the intellectual property of us or our partners and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own personal, private and non-commercial use of the Services within the scope of these T&Cs. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.
7.2 You may not link to our Site or include it in part or in whole within another external website without our prior written consent.
7.3 You grant us a worldwide, perpetual, non-exclusive, royalty-free licence to use (including for publicity), copy, alter, adapt, translate, display, sublicence or assign your Member Content on or via our Services or otherwise and on any distribution media including electronic media (including email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), and audiovisual communications media (including press, radio, analogue television, digital television, cable or satellite). You waive your moral rights in relation to Member Content.
7.4 You may not copy or otherwise use any Member Content of other Members except insofar as strictly necessary for your own personal, private and non-commercial use of the Services within the scope of these T&Cs.
8. Functioning of Site and Services
8.1 We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. We will use our reasonable endeavours to rectify faults if they do occur.
8.2 We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason.
8.3 We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
9. Right to cancel under distance selling regulations
9.1 This section applies to you only if you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 resident within the EU you may cancel your order for the Services by giving us written notice within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services.
10. Payment
10.1 While certain Services may be available free of charge, you acknowledge that the Paid Services are available only to Members on payment of a subscription.
10.2 We may at any time change our subscription rates. The new rate takes effect after we have posted the details of our new price on the Site.
11. Termination
11.1 You may at any time terminate your registration with us by requesting closure of your account in the designated part of our Site. We will implement such a request as soon as reasonably practicable. A request for termination under this clause does not give rise to any refund.
11.2 Without prejudice to any other provision in this agreement (including any right of ours to claim damages), we at any time may suspend or terminate your registration:
11.2.1 immediately without notice or refund if in our reasonable opinion you have committed a serious breach of this agreement; or any Member Content published or sent by you or your continued registration is damaging or potentially damaging to our business or other Users; or
11.2.2 without refund if you fail to comply with an email from us giving you seven days to comply with this agreement; or
11.2.3 without cause on seven days notice by email in which case we will provide a full refund of the sum paid by you.
11.3 We will notify you by email of any suspension / termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services except where we notify you that a suspension is lifted.
12. Changes to the T&Cs
12.1 We may change these T&Cs at any time by posting the revised version on the Site. Please check the T&Cs whenever you visit the Site. You will be bound by the revised T&Cs if you continue to use our Services following the effective date shown on the revised T&Cs.
13. Third party websites
13.1 We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
14. Limitation of liability
14.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
14.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
14.3 We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with these T&Cs.
14.4 Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to the sum of £1,000 whichever is higher.
14.5 In no event (including our own negligence) will we be liable for any:
14.5.1 economic losses;
14.5.2 loss of goodwill or reputation;
14.5.3 special, indirect or consequential losses; or
14.5.4 damage to or loss of data (even if we have been advised of the possibility of such losses).
15. Indemnity
15.1 You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.
16. General
16.1 Headings in this agreement are for information only and are not binding.
16.2 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control.
16.3 This agreement constitutes the entire agreement between you and us in connection with the Services.
16.4 We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent.
16.5 Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it.
16.6 If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this agreement.
17. Law and jurisdiction
17.1 This contract shall be governed by Laws of Scotland and any disputes will be decided only by the Scottish courts.
Shiftshack Limited - Terms and Conditions (Employer)
1. Introduction
1.1 This website is owned and operated by Shiftshack Limited (Shiftshack™) a Scottish registered company (number SC342790) and having their registered office at 1 Law Place, Nerston Mains, East Kilbride, G74 4QQ.
1.2 Please read these T&Cs carefully. These T&Cs cancel and replace any terms and conditions previously agreed to, even if the latter have not been expressly withdrawn or amended. By registering as a Member or using the Services (whether or not you register as a Member), you agree to be bound by these T&Cs. If you do not accept them in full, you must not register as a Member nor use the Services.
1.3 If you are a consumer your statutory rights are not affected by this agreement.
2. Definitions
FAQs: frequently asked questions on our Site
Member: a validly registered user of the Services, whether paid or unpaid
Member Content: information published by Members on the Services, or sent by Members to other Members through the Services, including profiles and messages
Paid Services: all Services which Shiftshack makes available to Members on payment of a fee or subscription.
Site: our website at www.Shiftshack.com or such other website as we may use to provide the Services from time to time
Services: the group of services made available by Shiftshack, the purpose of which is to facilitate introductions to potential workers and which is or may be accessible from multiple platforms (including the Site, SMS, MMS, WAP) whether with or without payment
T&Cs: these terms and conditions
User: means any person who uses the Services
3. Registration and use of Services
3.1 We reserve the right at our discretion to refuse any application to become a Member. You shall not become a Member until you receive email confirmation from us.
3.2 You will ensure that all contact and payment information which you provide us is accurate and not misleading and that you will update them so that they remain so.
3.3 The equipment used to gain access to Services shall be the responsibility of the User as shall the telecommunications or other costs incurred by their use.
3.4 We may deactivate accounts of Members who have not used the Services for 24 months.
4. Safety and Security
4.1 We do not provide internet access or an electronic communication service to the public.
4.2 Accordingly, we do not have the contractual obligation or technical means (1) to verify the identity of persons who register as Members or use our Services or (2) to verify or monitor Member Content (although we do reserve the right to monitor if we think it appropriate). You should not assume that any Member Content is accurate. You must take appropriate steps to investigate Member Content if you intend to act on it.
4.3 You are responsible for the acts or omissions of any third parties who use your identification information or account, whether fraudulent or not. You agree to indemnify us against any claims of this kind.
4.4 When arranging to meet another person through use of the Services, you are strongly advised to take appropriate security precautions. Any such meetings are at your own risk and are not our responsibility.
4.5 You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a username, password or answer to your security question. In such case you should also immediately amend your password, using the Services
4.6 We are not liable if your identity is used by someone else.
5. Member Obligations
5.1 You agree that you will not:
5.1.1 in connection with the Services breach any applicable law, regulation or code of conduct;
5.1.2 publish or send any Member Content or communications to us which are false or misleading (and you agree to update Member Content to ensure that it does not become false or misleading), deceitful, invasive of another’s privacy, offensive, harmful, an infringement of third party intellectual property or other rights or which encourage or assist any of the foregoing;
5.1.3 reveal through the Services any information that enables you to be personally identified or contacted other than through the Services including last name, postal / email address or telephone number;
5.1.4 disclose or make accessible to any third party your answer to your security question, verification email, username, password, activation code or similar information allocated to Members or use them for any purpose other than authentication for the Services.
5.1.5 publish or send any Member Content which links to any third party websites which are illegal or contain inappropriate content;
5.1.6 do anything which may have the effect of disrupting the Services including worms, viruses, software bombs or mass mailings;
5.1.7 attempt to gain unauthorised access to any part of the Services or equipment used to provide the Services; or
5.1.8 use the Services other than for the purposes set out in these T&Cs and that any breach of the foregoing constitutes a serious breach of this agreement (without prejudice to any other serious breach of this agreement which may occur).
5.1.9 use the Services for any commercial, professional or non-private purposes (including advertising, canvassing, soliciting, trading, prostitution);
5.1.10 use the Services for junk mail, spam and pyramid or similar or fraudulent schemes;
5.2 You agree to comply with any guidelines or requirements on our Site as well as any reasonable request or instructions by us in connection with the Services.
5.3 You must notify us in writing immediately if you become aware of any inappropriate behaviour in connection with the Services. Click here to report inappropriate behaviour or suspicious profiles to the moderation team.
6. Member Content
6.1 It is your responsibility to decide which information to send via Member Content. Shiftshack cannot be held liable for any misuse thereof by any other User or third party.
6.2 We reserve the right not to accept or to suspend or remove from our Services all or part of any Member Content for any reason.
6.3 We are not liable for Member Content or other activities of Members which may breach the rights of other Users or third parties.
6.4 We permit Members to notify us of inappropriate Member Content. You acknowledge that such notification may take place and that we may take steps as outlined in these T&Cs in respect of such information which comes to our attention.
6.5 We reserve the right to irretrievably delete messages and other Member Content if an account is deactivated or if we exercise any right of termination under this agreement.
7. Intellectual property rights
7.1 The trade marks (including Shiftshack™) graphics, images, photographs, animation, videos, text and software used in the Services are the intellectual property of us or our partners and your right of use is strictly limited to accessing, downloading, printing and reproducing on all media for your own personal, private and non-commercial use of the Services within the scope of these T&Cs. You may not otherwise retrieve, display, modify, copy, print, sell, download, hire or reverse engineer (except insofar as permitted by applicable law) such content without our prior written consent.
7.2 You may not link to our Site or include it in part or in whole within another external website without our prior written consent.
7.3 You grant us a worldwide, perpetual, non-exclusive, royalty-free licence to use (including for publicity), copy, alter, adapt, translate, display, sub-licence or assign your Member Content on or via our Services or otherwise and on any distribution media including electronic media (including email, SMS, MMS, WAP, Internet, CD-Rom or DVD-Rom), and audiovisual communications media (including press, radio, analogue television, digital television, cable or satellite). You waive your moral rights in relation to Member Content
7.4 You may not copy or otherwise use any Member Content of other Members except insofar as strictly necessary for your own personal, private and non-commercial use of the Services within the scope of these T&Cs.
8. Functioning of Site and Services
8.1 We do not guarantee that our Services will be uninterrupted or error-free or will achieve particular results nor do we guarantee the integrity or security of data. We will use our reasonable endeavours to rectify faults if they do occur.
8.2 We reserve the right to suspend the Services at any time without notice for repair, maintenance, improvement or other technical reason.
8.3 We reserve the right to change the Services provided such changes do not have a material adverse effect on the quality of the Services.
9. Right to cancel under distance selling regulations
9.1 This section applies to you only if you are a "consumer" as defined in the Consumer Protection (Distance Selling) Regulations 2000 resident within the EU you may cancel your order for the Services by giving us written notice within seven working days of placing your order. Within 30 days of your notice we will provide a refund. However, this right of cancellation does not apply once you have started to use the relevant Services.
10. Payment
10.1 While certain Services may be available free of charge, you acknowledge that the Paid Services are available only to Members on payment of a fee.
10.2 We may at any time change our fees or subscription rates. The new rates takes effect after we have posted the details of our new price on the Site.
11. Termination
11.1 You may at any time terminate your registration with us by requesting closure of your account in the designated part of our Site. We will implement such a request as soon as reasonably practicable. A request for termination under this clause does not give rise to any refund.
11.2 Without prejudice to any other provision in this agreement (including any right of ours to claim damages), we at any time may suspend or terminate your registration:
11.2.1 immediately without notice or refund if in our reasonable opinion you have committed a serious breach of this agreement; or any Member Content published or sent by you or your continued registration is damaging or potentially damaging to our business or other Users; or
11.2.2 without refund if you fail to comply with an email from us giving you seven days to comply with this agreement; or
11.2.3 without cause on seven days notice by email in which case we will provide a full refund of the sum paid by you.
11.3 We will notify you by email of any suspension / termination of your registration (or of confirmation thereof). Following such notification, you must not attempt to re-register as a Member or to use our Services except where we notify you that a suspension is lifted.
12. Changes to the T&Cs
12.1 We may change these T&Cs at any time by posting the revised version on the Site. Please check the T&Cs whenever you visit the Site. You will be bound by the revised T&Cs if you continue to use our Services following the effective date shown on the revised T&Cs.
13. Third party websites
13.1 We or third parties may provide links on our Site to third party websites. You use them at your own risk. We do not review such sites. We do not recommend or endorse such sites nor are we responsible for the content of those sites or any goods or services offered thereon. If in the course of performing a search on our site you encounter any third party website the use of which would violate applicable law, you must immediately cease use of such website.
14. Limitation of liability
14.1 This section (and any other clause excluding or restricting our liability) applies to our directors, officers, employees, subcontractors, agents and affiliated companies (who may enforce this clause under the Contracts (Rights of Third Parties) Act 1999) as well as to us. Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraudulent misrepresentation or for anything which may not legally be excluded or limited.
14.2 You must give us a reasonable opportunity to remedy any matter for which we are liable before you incur any costs remedying the matter yourself. If you do not, we shall have no liability to you for that matter.
14.3 We shall not be liable for any damage to a User caused or contributed to by that User, for example by not complying with these T&Cs.
14.4 Our liability of any kind (including our own negligence) with respect to the Services for any one event or series of related events is limited to the sum of £1,000 whichever is higher.
14.5 In no event (including our own negligence) will we be liable for any:
14.5.1 economic losses;
14.5.2 loss of goodwill or reputation;
14.5.3 special, indirect or consequential losses; or
14.5.4 damage to or loss of data (even if we have been advised of the possibility of such losses).
15. Indemnity
15.1 You agree to indemnify us (including our directors, officers, employees, subcontractors, agents and affiliated companies) against all third party claims and liabilities related to your breach of this agreement and/or to your use of the Services.
16. General
16.1 Headings in this agreement are for information only and are not binding.
16.2 We are not liable for failure to perform or delay in performing any obligation under this agreement if the failure or delay is caused by any circumstances beyond our reasonable control.
16.3 This agreement constitutes the entire agreement between you and us in connection with the Services.
16.4 We may assign all or part of our rights or duties under this agreement; you may not do without our prior written consent.
16.5 Any failure by us to exercise or enforce any right or provision of this agreement does not constitute a waiver of it.
16.6 If any part of this agreement is deemed void or ineffective for any reason, the remainder shall continue in full force. A person who is not a party to this agreement shall have no rights under the Contracts (Rights of Third Parties) Act 1999 unless expressly stated otherwise in this agreement.
17. Law and jurisdiction
17.1 This contract shall be governed by Laws of Scotland and any disputes will be decided only by the Scottish courts.