Geco Jobs – Platform Terms of Use
We are Geco Jobs Limited (Geco,we or us), the creators of the Geco Jobs platform (which we refer to below as the platform). The platform can be accessed by downloading the Geco Jobs mobile application (the app) or through the Geco Jobs website at https://www.gecojobs.com/ (the website).
These terms of use (the terms) explain how our platform works – please read them carefully since they explain the legal relationships you enter into with us, and with other users of the platform, when you use our platform.
Our agreement with you
1 What is in these terms of use?
1.1 These terms tell you the rules for using the platform, and apply whether you access our platform using the app or through the website.
1.2 By downloading the app, or creating an account through the website, you confirm that you accept these terms and that you agree to comply with them. If you do not agree to these terms, you must not use our platform.
1.3 We recommend that you keep a record of these terms for future reference.
2 Who can use our platform?
2.1 In these terms we refer to anyone who uses our platform as a user. Our platform has two types of user: hirers and applicants.
2.2 A hirer is a business which uses the platform to advertise available job opportunities. An applicant is an individual who wants to access, and potentially apply for, such job opportunities.
2.3 If you, as an individual user, create an account with us on behalf of a hirer, then we will ask you to provide details about the business you represent. When you create a ‘hirer’ account, you are confirming to us that you are authorised by the hirer to create a legally binding contract on behalf of that business. In those circumstances, our agreement is with the business you represent, and references in these terms to you (or your) refer to the hirer as a business, as well as to you as an individual user.
3 Who we are and how you can contact us
3.1 Geco Jobs is a platform operated by Geco Jobs Limited. We are a limited company registered in England and Wales under company number 16054066, and have our registered office at 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
3.2 To contact us, please get in touch by using the ‘Contact Us’ function available on our website and app, or by post to:
Geco Jobs, 71-75 Shelton Street, Covent Garden, London, United Kingdom, WC2H 9JQ.
3.3 If we need to get in touch with you, we will do so by email or an in-app notification.
4 What other terms apply?
4.1 Your use of our platform is also subject to our Privacy Policy [LINK], which details how we collect, use and look after your personal data (and the personal data of other people which you share with us) when you visit and use our platform, or otherwise communicate with us.
4.2 By using the platform you acknowledge that payment services are provided by the authorised third party payment services provider we have selected (our payment services partner), and are provided subject to and in accordance with their standard terms.
5 Keeping up to date with the terms
5.1 We may change our platform and these terms from time to time – for example, to reflect changes to the services available.
5.2 If we change these terms, we will publish the new version through the platform. Every time you use our platform, please check these terms to ensure you understand the terms that apply at that time.
Using the platform
6 Our responsibilities
6.1 We make the platform available for use by hirers and by applicants as a channel to communicate with each other in respect of potential job opportunities, and to share information about the job opportunity and the applicant’s qualifications and suitability for the role.
6.2 The functionality of our platform may include tools to draw the attention of particular job opportunities to particular applicants, based on information provided by the applicants in respect of their interests and qualification. Any such functionality is provided for the applicant’s interest only, and does not constitute any recommendation of the suitability of the applicant for the job opportunity, or the suitability of the job opportunity for the applicant.
6.3 We ensure that all users of the platform have accepted these terms, including the provisions relating to the resolution of any disputes between users (see below) and the terms of the Privacy Policy. Any applicant who contacts a hirer in respect of an opportunity confirms that the relevant hirer may use the applicant’s contact details in respect of communications relating to the opportunity.
6.4 Users of the platform should bear in mind that the platform is a channel of communication between hirers and applications only. We do not undertake any screening in respect of hirers or applicants who use the platform, and users should ensure that they carry out their own checks in respect of the hirers and applicants they engage with through the platform.
6.5 The hirer accepts and agrees that Geco gives no warranty as to the suitability of any applicant for any opportunity.
6.6 The hirer acknowledges that we provide no assurance that advertising an opportunity on the platform will result in the hirer receiving applications or filling the relevant position.
7 Fees and payment
7.1 Use of the platform is free for applicants.
The remaining provisions of this clause 7 relate to hirers only: -
7.2 Hirers will pay a subscription fee for each job opportunity which they advertise on the platform, calculated on the basis of the monthly rates identified on the platform at the time when the job opportunity is posted by the Hirer.
7.3 We may change the monthly rates which will apply for new job opportunities posted after the date on which the change takes effect at any time.
7.4 We may change the monthly rates which apply for job opportunities already posted at any time on 14 days’ notice. If we change the rates that apply for job opportunities already posted, you will be able to end our agreement with you using the functionality in the ‘your account’ section of the app or the website in respect of the affected job opportunities at any time before the end of the 14 day notice period – if you end the agreement in that way, you will not be affected by the change in rates. If you do not end your agreement with us, the new monthly rates will apply in respect of job opportunities already posted with effect from the start of the next monthly subscription period.
7.5 The subscription fee, as indicated during the account set-up process, is stated exclusive of VAT and any other applicable taxes, which will be charged at the prevailing rate.
7.6 The subscription fee is payable in advance, in monthly instalments. We will take your first payment when you post your first job opportunity on behalf of the hirer, and will take subsequent payments monthly in advance.
7.7 You can pay for the subscription fees using any of the debit cards or credit cards indicated on the platform, including Visa, Mastercard, American Express, Discover, Diners Club, JCB and China UnionPay payments, as well as using Apple Pay, Revolute Pay and Link.
7.8 For any failed or cancelled payments, a £20 administration fee will be levied.
7.9 If you do not pay an instalment of the subscription fee when it is due, we may apply interest charges of 8% above the Bank of England base rate at the date the invoice is due.
7.10 All payments in respect of the subscription fee shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
8 The applicant’s obligations and acknowledgments
8.1 By creating an account on the platform, the applicant:
8.1.1 accepts these terms, and the terms of the Privacy Policy; and
8.1.2 authorises us to use any information provided by the applicant (or which we otherwise obtain in respect of the applicant, whether from hirers or otherwise) for purposes of matching the applicant with job opportunities which we believe may be of interest to the applicant, and, in anonymised form, for our purposes, including market analysis and training our systems, including any artificial intelligence solutions we use for these purposes;
8.1.3 authorises us to share any information provided by the applicant with hirers, and other third parties, in connection with applications made by the applicant, and the sourcing of opportunities which we believe may be of interest to the applicant.
8.2 The applicant must ensure that the information they provide through the platform to us or to hirers is complete, accurate and not misleading.
9 The hirer’s obligations and acknowledgments
9.1 By creating an account on the platform, the hirer authorises us to act on the hirer’s behalf for the purpose of advertising opportunities posted by the hirer on the platform.
9.2 For each opportunity advertised on the platform, the hirerwill provide all the information that an applicant might reasonably need to understand the opportunity, including but not limited to:
9.2.1 the hirer’s full corporate name, address and registered number, or (if it is not incorporated) its full business and trading name and address, and the nature of its business;
9.2.2 the nature of the opportunity, including the type of work involved, its location, the hours of work, the commencement date and the likely duration;
9.2.3 any risks to health and safety known to the hirer and the steps taken by the hirer to prevent or control such risks;
9.2.4 the experience, training, qualifications and any authorisations which are required by the hirer, including any qualifications or authorisations required by law or any applicable professional body;
9.2.5 any expenses payable to the successful applicant;
9.2.6 the minimum rate of remuneration, the intervals of payment and any other benefits;
9.2.7 the length of notice to which the successful applicant would be entitled to receive or be required to give for termination of employment;
9.2.8 whether the opportunity entails caring for or attending one or more vulnerable persons, including persons under the age of 18 and/or any person who by reason of age, infirmity, illness, disability or any other circumstance is in need of care or attention.
Such information may be available in the advertisement posted on the platform, or through resources which are linked to from such advertisement or which the hirer otherwise makes available.
9.3 The hirer will satisfy itself as to the suitability of any applicantfor an opportunity, and acknowledges and agrees that it is the hirer’s responsibility to:
9.3.1 take up and verify references relating to the applicant’s qualifications, skills, character and experience;
9.3.2 check the validity of the applicant’s qualifications;
9.3.3 ensure, where appropriate, that the applicant is capable of operating any equipment or machinery to the necessary level;
9.3.4 obtain any certificate of sponsorship or permit needed to enable the applicant to work in the United Kingdom; and
9.3.5 ensure that the applicant satisfies any medical requirements or other qualifications that may be appropriate or required by law.
9.4 The hirer authorises us to use any name, logo or other content included in the hirer’s posting in respect of an opportunity, and grants us a fully paid-up, non-exclusive, royalty-free, non-transferable licence to copy and modify any materials provided by the hirer to us for the purpose of displaying the posting or otherwise promoting the opportunity to potential applicants who are users of the platform.
10 Confidentiality
10.1 You and we (each a receiving party) will keep the confidential information of the other, and of any other user of the platform which the receiving party gains access to through the platform (the supplying party) confidential and secret, whether disclosed to or received by the receiving party. The receiving party will only use the confidential information of the supplying party for the purpose and for performing the receiving party’s obligations under these terms. The receiving party will inform its officers, employees and agents (where applicable) of the receiving party’s obligations under the provisions of this clause 10.1, and ensure that the receiving party’s officers, employees and agents meet those obligations.
10.2 The obligations set out in this clause will not apply to any information that:
10.2.1 was known to or in the possession of the receiving party before it was provided to the receiving party by the supplying party;
10.2.2 is, or becomes, publicly available through no fault of the receiving party;
10.2.3 is provided to the receiving party without restriction on disclosure by a third party who did not breach any confidentiality obligations by making such a disclosure;
10.2.4 was developed by the receiving party, or on its behalf by a third party who had no direct access to, or use or knowledge of the confidential information supplied by the supplying party; or
10.2.5 is required to be disclosed by order of a court of competent jurisdiction.
10.3 The obligations in this clause 10 will survive termination of this Agreement for a period of six years.
11 Data protection
11.1 You and we will each comply with:
11.1.1 the Privacy Policy; and
11.1.2 our respective obligations under the UK General Data Protection Regulation (UK GDPR) and the Data Protection Act 2018, or other applicable data protection legislation.
11.2 We will use any personal information you provide to us, about yourself or any other person, to:
11.2.1 operate the platform in accordance with these terms;
11.2.2 process your payments in respect of the subscription fees; and
11.2.3 inform you about similar products or services that we provide, but you may stop receiving these at any time by contacting us.
11.3 We will process your personal information in accordance with our Privacy Policy, the terms of which are incorporated into our agreement with you.
Licence terms
12 Your licence to use the platform
12.1 We license you to download and use the app, and to access and use the website, provided you follow all of the rules described in these terms. The licence:
12.1.1 starts when you download the app or create an account on the website; and
12.1.2 covers content, materials, or services accessible from, or bought in, the app including all of our support resources. It also covers updates to the app unless they come with separate terms, in which case we will give you an opportunity to review and accept the new terms.
12.2 In these terms, we refer to the site that you download the app from as the ‘app store’ and we refer to their rules and policies as the ‘app store rules’. You must comply with the app store rules as well as this agreement but, if there is any conflict between them, you should follow the app store rules rather than the equivalent rule here.
12.3 You do not own the app or any of its contents but you may use it on devices that you own or control, as permitted by the app store rules.
12.4 If you sell or give away the device on which you have downloaded the app, you must first remove the app from the device.
12.5 You are not allowed to:
12.5.1 modify the app’s code in any way, including inserting new code, either directly or through the use of another app or piece of software;
12.5.2 deliberately attempt to avoid or manipulate any security features included in the app; or
12.5.3 pretend that the app is your own or make it available for others to download or use (including by way of copying the code of the app and creating an independent version).
13 Technical requirements
To use the app your device needs to comply with the following minimum requirements:
Device compatibility
Android: running v5.0 (Lollipop) or later
iOS: running v12.0 or later
Operating system
No minimum requirements
Space
No minimum requirements
14 Collection of technical information
We may collect and use technical data that might include, for example, the specifications of your device and its software in order to help us provide software updates, product support, and other services related to the platform. We may also use this information, as long as it is in a form that does not personally identify you, to improve products or to offer new services or technologies to you.
15 Acceptable use
15.1 You must not use the platform to do any of the following things:
15.1.1 break the law or encourage any unlawful activity;
15.1.2 send or upload anything that is (or might be considered to be) defamatory, offensive, obscene or discriminatory;
15.1.3 infringe our or anyone else’s intellectual property rights (for example, by using or uploading someone else’s content);
15.1.4 transmit any harmful software code such as viruses;
15.1.5 try to gain unauthorised access to computers, data, systems, accounts or networks; or
15.1.6 deliberately disrupt the operation of anyone’s website, app, server or business.
16 Updates to the platform
16.1 We may update the platform from time to time for reasons that include fixing bugs or enhancing functionality. We might also change or remove functionality but if we do that we will ensure that the platform still meets the description of it that was provided to you at the time you downloaded the platform in all material respects.
16.2 Updates will either download automatically or you may need to trigger them yourself, depending on your device, its settings and the app store.
16.3 We strongly suggest that you download all updates to the app as soon as they become available. Depending on the nature of the update, the app may not work properly (or at all), or you may be exposed to security vulnerabilities, if you do not keep the app updated to the latest version that we make available.
17 Changes to these terms
17.1 We may need to revise these terms from time to time to reflect changes in the platform’s functionality, to deal with a security threat or if there is a change in the law or guidance.
17.2 If we change these terms, we will also publish the new version of the terms through the website. Every time you use our platform through the website, please check these terms to ensure you understand the terms that apply at that time
18 External services
18.1 Our platform may enable you to access services and websites that we do not own or operate (referred to below as external services).
18.2 We are not responsible for examining or evaluating the content or accuracy of these external services. Before using them, make sure you have read and agreed to the terms on which they are being offered to you including the way in which they may use your personal information.
18.3 You must not use external services in any way that:
18.3.1 is inconsistent with these terms or with the terms of the external service; or
18.3.2 infringes our intellectual property rights, or the intellectual property rights of any third party.
18.4 From time to time, we may change or remove the external services that are made available through the platform.
General terms
19 Our responsibility to you
If you use the platform as an applicant: -
19.1 If we breach these terms or are negligent, we are liable to you for foreseeable loss or damage that you suffer as a result. By ‘foreseeable’ we mean that, at the time this contract was made, either it was clear that such loss or damage would occur or you and we both knew that it might reasonably occur, as a result of something we did (or failed to do).
19.2 We are not liable to you for any loss or damage that was not foreseeable, any loss or damage not caused by our breach or negligence, or any business loss or damage.
19.3 If the app damages your device or any software installed on it as a result of our failure to use reasonable care and skill, please let us know. If we can, we will repair the damage. If that is not possible, we will compensate you. We may ask you for information (including photographs) about what has happened so that we can understand the nature of the problem.
19.4 Nothing in these terms excludes or limits our liability for any death or personal injury caused by our negligence, liability for fraud or fraudulent misrepresentation, or any other liability that the law does not allow us to exclude or limit.
If you use the platform as a hirer: -
19.5 When you use the platform as a hirer, neither Geco nor any of its staff will be liable to you for any loss, injury, damage, expense or delay incurred or suffered by you arising directly or indirectly from or in any way connected with your use of the platform, unless such loss, damage, costs or expenses are the direct result of the negligent acts or omissions of Geco. Geco will especially not be liable for any loss, injury, damage, expense or delay arising from or in any way connected with:
19.5.1 any failure of any applicant to meet your requirements for all or any of the purposes for which you require the applicant;
19.5.2 any act or omission of an applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise; or
19.5.3 any loss, injury, damage, expense or delay suffered by an applicant.
19.6 Except in the case of death or personal injury caused by Geco’s negligence, the liability of Gecounder or in connection with our agreement with you whether arising in contract, tort, negligence, breach of statutory duty or otherwise howsoever will not exceed the value of the subscription feespaid or due to be paid by the hirer to Geco under our agreement with you.
19.7 Neither you nor wewill be liable to the other party in contract, tort, negligence, breach of statutory duty or otherwise for any loss, damage, costs or expenses of any nature whatsoever incurred or suffered by that other party of an indirect or consequential nature including without limitation any economic loss or other loss of turnover, profits, business or goodwill. The provisions of this clause 19.7will not apply to clause 19.8.
19.8 You will indemnify and hold us harmless from and against all claims and losses arising from loss, damage, liability, injury to Geco, its employees and third parties, by reason of or arising out of:
19.8.1 any loss, injury, expense or delay suffered or incurred by an applicant, however caused, and/or
19.8.2 any loss, injury, damage, expense or delay suffered or incurred by anyone arising directly or indirectly from or in any way connected with the acts and omissions of an applicant, whether wilful, negligent, fraudulent, dishonest, reckless or otherwise,
that arises directly or indirectly out of or in any way connected with arising out of or in any way connected with your use of the platform, or your dealings with any applicant introduced through the platform, any information supplied by you to us, or your breach of these terms. Claims in this clause 19.8 will mean all demands, claims, proceedings, penalties, fines and liability (whether criminal or civil, in contract, tort or otherwise), and Losseswill mean all losses including, without limitation, financial losses, damages, legal costs and other expenses of any nature whatsoever.
19.9 Each of the Partiesacknowledges that, in entering into this Agreement, it does not do so in reliance on any representation, warranty or other provision except as expressly provided in this Agreement, and any conditions, warranties or other terms implied by statute or common law are excluded from this Agreement to the fullest extent permitted by law. Nothing in this Agreement excludes liability for fraud.
20 Failures of networks or hardware
The platform relies on a number of things working properly to enable you to enjoy all of its features. Many of these, such as your internet connection, your device and the app store, are entirely outside of our control. Although we will do everything we reasonably can to resolve issues, we are not responsible to you if you are unable to use all or any part of the platform due to a poor internet connection, faulty components in your device (such as a faulty camera), app store failure or anything else that it would not be reasonable to expect us to control.
21 Ending the agreementbetween you and us
21.1 The agreement between you and us will continue until either you or we end it in accordance with this clause 21.
21.2 If you are an applicant, you can end our agreement with you at any time using the functionality in the ‘your account’ section of the app or the website.
21.3 If you are an applicant, we can end our agreement with you:
21.3.1 immediately at any time if you do not comply with any part of these terms;
21.3.2 immediately, if we decide to withdraw the platform from operation; or
21.3.3 on seven days’ notice in any other circumstance.
21.4 If you are a hirer, you can end our agreement with you in respect of each job opportunity you post on the platform at the end of the next subscription period using the functionality in the ‘your account’ section of the app or the website, provided you do so at least 14 days before the end of the current subscription period for that job opportunity.
21.5 If you are a hirer, we can end our agreement with you in respect of each job opportunity you post on the platform:
21.5.1 at the end of the next subscription period for that job opportunity, provided we notify you at least 14 days before the end of the current subscription period; or
21.5.2 immediately on notice if your fail to pay on its due date any instalment of the subscription fee.
21.6 If you are a hirer, either you or we (each a party), can end the agreement between you and us at any time, on written notice (that will take effect as specified in the notice) to the other party (the second party):
21.6.1 if the second party is in material breach of its obligations under this Agreementwhich is not remediable; or
21.6.2 if the second party passes a resolution for its winding up or for the appointment of an administrator, a liquidator or administrator is appointed or a winding up order is made in relation to the second party (other than in circumstances of a solvent amalgamation or reconstruction), a receiver or administrative receiver is appointed in relation to the second partyor its assets, the second party has a freezing order made against it or becomes insolvent, or becomes subject to a moratorium or a company voluntary arrangement under the Insolvency Act 1986 or a restructuring plan under Part 26A of the Companies Act 2006 or the second party makes any arrangement or composition with or for the benefit of its creditors or takes or suffers any similar or analogous action in consequence of debt, or the first party reasonably believes that the second party will not be able to pay its debts when they fall due
21.7 The consequences of the agreement ending are as follows:
21.7.1 you are no longer allowed to use the platform and we may remotely limit your access to it;
21.7.2 you must delete the app from any devices that it has been installed on;
21.7.3 we may delete or suspend access to any accounts that you hold with us; and
21.7.4 where our agreement with a hirer has been ended by us because the hirer has not complied with a part of the terms, the hirer is not entitled to a refund.
22 Third parties
No one other than us or you has any right to enforce any term of this agreement.
23 Transferring this agreement
23.1 We may transfer our rights under this agreement to another business without your consent, but we will notify you of the transfer and make sure that you are not adversely affected as a result.
23.2 You are not allowed to transfer your rights under this agreement to anyone without our prior written consent.
24 Governing law and jurisdiction
24.1 The laws of England and Wales apply to this agreement, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
24.2 Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.