WorkinFashion Terms and Conditions
This statement of Terms and Conditions ("Statement") comes from the WorkinFashion principles, and sets out our relationship with users and others who interact on the WorkinFashion network. By registering with, using or accessing WorkinFashion, you agree to this Statement.
The privacy of WorkinFashion users is very important to us. We have designed our Privacy Statement to make important disclosures about how you can use WorkinFashion to socialise and share with others and use the website as a useful recruitment or career management tool. WorkinFashion collects and can use your content and information. We encourage you to read the Privacy Statement, and to use it to help make informed decisions.
- Sharing Your Content and Information
Any information and content you post on WorkinFashion remains in your ownership and you can control what information is shown to whom via your privacy settings. For content that is covered by intellectual property rights like photos, resources and videos ("IP content"), you specifically give us the following permission, subject to your privacy and application settings: you grant us a non-exclusive, transferable, sub-licensable, royalty-free, worldwide license to use any IP content that you post on or in connection with WorkinFashion ("IP License"). This IP License ends when you delete your IP content or your account unless you’re content has been shared with others, and they have not deleted it.
Acceptance of these terms and conditions means that you agree WorkinFashion has no liability over content posted by you on the network. You agree to indemnify WorkinFashion from liability against any claim, dispute, demand and legal fees made by any third party against WorkinFashion relating to any and all content that you post on the network such as forums posts, resources, photos and any other documents or comments.
- When you publish content or information that is public it means that everyone on the WorkinFashion network will be able to see it. Certain information such as job postings, press releases (news Stories) and comments members have made about portfolios will be visible to non members of the network and we may not have control over what they do with this information.
- When you delete IP content, it is deleted in a way similar to emptying a recycle bin on a pc. However, you should understand that removed content may remain backed up in copies for a reasonable period of time (this information is not be available to others).
- We always appreciate your feedback or other ideas on how we can improve WorkinFashion, but you understand that we may use this information with no obligation to compensate you for the information (just as you have no obligation to offer them).
The management team at WorkinFashion work very hard to keep the website safe, however we cannot guarantee safety. Members can assist us by adhering to the following safety measures and rules:
- Please do not collect users' content or information, or otherwise access WorkinFashion, using automated means (such as harvesting bots, robots, spiders, or scrapers) without written permission from the WorkinFashion management team.
- Please do not send or otherwise post unauthorised commercial communications (such as spam) on WorkinFashion.
- Unlawful multi-level marketing is prohibited on WorkinFashion including pyramid and similar schemes.
- You will not solicit login information or access an account belonging to someone else.
- You agree not to upload malicious code, viruses or any other harmful content.
- You will not harass, intimidate, bully or send unwanted messages of a sexual nature to any other members of the WorkinFashion.
- Please do not develop or operate a third party application containing, or advertise or otherwise market alcohol-related or other mature content without the appropriate age-based restrictions.
- Please do not post content that is judged to be threatening, hateful, pornographic, or that contains non-artistic nudity or graphic or gratuitous violence.
- Members are not to offer any contest, giveaway, or sweepstakes ("promotion") on WorkinFashion. Without our prior written consent from WorkinFashion. If we consent, you take full responsibility for the promotion.
- You will not use WorkinFashion to do anything unlawful, misleading, malicious, or discriminatory.
- You will not do anything that could disable, overburden, or impair the proper working of WorkinFashion, for example: a denial of service attack.
- As a member of WorkinFashion you will not facilitate or encourage any violations of these Terms and Conditions.
- Registration and Account Security
WorkinFashion members have to provide their real names and true information; we require your assistance to maintain this. Members must make the following commitments to us when registering and maintaining the security of your account:
- You promise you will not provide any false personal information on WorkinFashion, or create an account for anyone (genuine or fake) other than yourself without permission.
- You will not use your personal profile for your own commercial gain (for example selling your status update as advertising space).
- You will not use WorkinFashion if you are under 14.
- You will not join a membership category under false pretences (such as a recruitment agency registering as a model or personal user, a personal user registering as company or recruitment agency, a company registering as a personal user or recruitment agency)
- You will not use WorkinFashion if you are a convicted sex offender or appear on any government watch list associated with sexual offences.
- Do not share your password, let anyone else access your account, or do anything else that might jeopardise the security of your account.
- You must ensure you keep your contact information accurate and up-to-date.
- You may not transfer your account to anyone without first gaining written permission from the WorkinFashion management team this excludes organisations who may change the administrators details in there settings. They cannot however transfer a paid for membership to another organisation.
- Protecting Other People's Rights
The foundation of making WorkinFashion a success for all its users is respecting other people's rights.
- We can remove any content or information you post on WorkinFashion if we believe that it violates this Statement.
- You will not post content or take any action on WorkinFashion that infringes or violates someone else's rights or otherwise violates the law.
- If we remove your content for infringing someone else's copyright, and you believe we removed it by mistake, you can make contact with us to appeal.
- If you repeatedly infringe other people's intellectual property rights, we can and will suspend or cancel your membership if necessary.
- You will not use our name, copyrights or trademarks (including WorkinFashion, the WorkinFashion network and relevant logos), or any confusingly similar marks, without our written permission.
- You will not post anyone's identification documents or sensitive financial information on WorkinFashion.
- If you collect information from users, you will: obtain their consent, make it clear you (and not WorkinFashion) are the one collecting their information, and post a privacy statement explaining what information you collect and how you will use it.
- We currently do not provide a mobile service but when we do a statement of charges and separate terms and conditions will be issued, but please be aware that your network suppliers normal rates and fees, such as text messaging fees, will still apply.
- In the future if you use a mobile service through WorkinFashion in the event you change or deactivate a mobile telephone number, you will update your account information on WorkinFashion within 48 hours to ensure that your messages are not sent to the person who acquires your old number.
When a fashion company or recruitment agency register for membership on the network a membership fee is charged. Registration should be authorised by a person with the authority to make purchasing decisions on behalf of the organisation that is seeking membership. You agree to the following payments Terms when making a payment to WorkinFashion:
- Membership to the network is payable upon subscription by credit/debit card. Members must agree to the terms and conditions of our secure merchant service provider.
- All membership fees include unlimited press releases, standard job postings, standard portfolios, model and candidate searching as well as a profile on the website. Please ensure you select the correct type of membership if you are found to be using an incorrect membership you will immediately suspended from the site unit balance between actual fee paid and the correct amount for your membership is paid.
- Open or persistent abuse of membership types: for example if an organisation that should be a paying member registers or is found to be using a personal user profile for their own commercial gain then this will be deemed as fraudulent behaviour. This will not be tolerated resulting in instant suspension and eventual deletion of that profile. Recruitment agencies and their employees agree that this is the responsibility of the recruitment agency or organisation and that WorkinFashion can invoice said company for the time of abuse at the standard monthly agency membership rate of £100 pcm. Depending on the severity of abuse WorkinFashion may seek recovery of lost revenues during the period of abuse through the courts.
- Organisations that are members of the network can select additional chargeable services that are not part of the standard network service, for example purchasing a Featured Job or featured portfolio. These additional services will be invoiced separately and can only be paid for in advance by credit/debit card and are subject to these terms and conditions.
- For the avoidance of doubt, users will be informed when they are about to incur additional costs and will have to indicate their acceptance of such costs and confirm that they have authority to make a purchase on behalf of their organisation before the additional services, options or upgrades are provided.
- All Recruit Agency memberships are single branch/location memberships; the profile or login is not to be used across multiple sites; multiple site access may result in suspension or termination from the WorkinFashion network
- All fashion company memberships may be used across multiple sites in one country/region. The brand/company will be required to purchase further profiles for other countries/regions. This is due to our job matching system displaying relevant candidates and is for the companies benefit. Companies abusing multiple site access may result in suspension or termination from the WorkinFashion network
- Membership is fixed for the term of the contract entered and cannot be terminated.
- Membership automatically renews on expiry if you wish to cancel membership you can do so by giving 1 months written notice. The notice period commences on the 1st of the month after receipt of said notice. When membership expires you will be prompted to pay for renewal via our secure payment service through our online merchant services provider.
- All Prices quoted are subject to VAT at 17.5% or the prevailing rate.
- On completion of registration an electronic invoice/receipt will be raised by email for the relevant membership charge in respect of the type and term of membership you have selected.
- Membership options must be selected carefully; once your profile is active membership duration cannot be amended.
- Special Provisions Applicable to WorkinFashion Links
If you include a link to WorkinFashion on your website, the following additional terms apply to you:
- We give you permission to use WorkinFashion Links so that users can post links or content from your website on WorkinFashion.
- You give us permission to use such links and content on WorkinFashion.
- You will not place a WorkinFashion link button on any page containing content that would violate this Statement if posted on WorkinFashion.
- About Banner and Box Advertisements on WorkinFashion
WorkinFashion aim is to deliver advertising that is not only valuable to advertisers, but also valuable to all types of users. To make this work, you agree to the following:
- We do not have banner or box advertising that is deemed to be inappropriate, unlawful, misleading, malicious, or discriminatory.
- We do not provide your personal content or information to advertisers without your consent.
- You understand that whilst we make every effort to, we may not always identify paid services and communications as such.
- Special Provisions Applicable to Advertisers
You can target fashion professionals by advertising jobs on WorkinFashion. Fashion companies and recruitment agency membership includes unlimited standard job adverts within the relevant membership fee. The following additional terms apply to you if you place an order through WorkinFashion for banner or featured job or featured portfolio advertising:
- When you place an order, you will tell us the type of advertising you want to buy, the time period for which you want your advert to be live on the site. The amount you owe will be calculated based on our standard rate card and costs are subject to vat at the standard rate on day of the order.
- You will pay for your orders in accordance with our payments terms.
- Your ads will comply with these terms and conditions.
- We can’t and do not guarantee the activity that your adverts will receive, for example the number of clicks you receive from a banner.
- We cannot control how people interact with your ads, and are not responsible for click fraud or other improper actions that affect the cost of running ads.
- You grant us permission to use your adverts, related content and information for marketing or promotional purposes.
- You will not issue any press release or make public statements about your relationship with WorkinFashion without prior written consent.
- We hold the right to reject or remove any advert for any reason and at any time.
- If you are placing adverts on someone else's behalf, we need to make sure you have permission to place those ads, including the following: You warrant that you have the legal authority to bind the advertiser to this Statement. You agree that if the advertiser you represent violates this Statement, we may hold you responsible for that violation.
- WorkinFashion retains the right to change this Statement if we provide you notice (by posting the change on the WorkinFashion profile page) and an opportunity to comment. Notice of future changes to this Statement, will be available on the WorkinFashion profile page.
- Changes to sections 7, 8, 9, and 10 (sections relating to payments and advertisers), WorkinFashion will give you a minimum of three days notice. For all other changes we will give you a minimum of seven days notice.
- We will review user comments to make sure any changes to WorkinFashion terms and conditions are deemed to be in the best interests of the site and its users.
- WorkinFashion retains the right to make changes for legal or administrative reasons upon notice without opportunity to comment.
- Termination and Disputes
- In the event that you (a member) violate the letter or spirit of this Statement, or in any way create possible legal exposure for WorkinFashion, we can stop providing all or part of WorkinFashion to you. We will notify you by email; we may also delete your account or disable your applications at any time. In all such cases, this Statement shall terminate, but the following provisions will still apply: 2.2, 2.3, 3-5, 8.2, 9.2, 10.2, 10.4, 10.6,10.7,10.8, 10.9, 11-17
- Termination may also occur in the event of: Paying members (organisations) Failing to pay any amount due hereunder; breaches any term of this Agreement and such breach is incapable of remedy or if the breach is remediable, it continues for a period of 30 days after written notice requiring the same to be remedied has been given to the party in breach, an order is made or a resolution is passed for the winding up of the other party; or a provisional liquidator is appointed in respect of the other party, an administration order is made in respect of the other party, a receiver is appointed in respect of the other party or all or any of its assets or if the other party is unable to pay any of its debts within the meaning of Section 123 of the Insolvency Act 1986, or if any voluntary arrangement is proposed under Section 1 of the Insolvency Act 1986 in respect of the other party.
- You will resolve any claim, cause of action or dispute ("claim") you have with us arising out of or relating to this Statement or WorkinFashion within exclusive jurisdiction of the English courts subject to English law. Any failure by WorkinFashion to enforce or exercise any right or provision of these Terms and Conditions shall not constitute a waiver of such right or provision. If any provision of these Terms and conditions is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of these Terms and Conditions remain in full force and effect.
- If anyone brings a claim against us related to your actions, content or information on WorkinFashion, 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 a claim.
- You agree that WorkinFashion is not liable in relation to any claim of damages relating to time (and usage thereof), loss of profits, loss of data and content stored on WorkinFashion, goodwill or any other intangible loss occurring as a result of any of the following items: Temporary disruption of the service due to technical failures or errors, downtime of the website, any loss of content due to alterations or any other reason, any malicious attacks on the service viral or otherwise, user human error, cost of procurement of alternative service (notified or otherwise).
- You agree to indemnify WorkinFashion from liability against any claim, dispute, demand and legal fees made by any third party against WorkinFashion relating to any and all content that you post on the network such as forums posts, resources, photos and any other documents or comments.
- Exclusions and limitations
Some international jurisdictions disallow for exclusion of certain liabilities or warranties in this statement. Therefore accordingly if you reside in these locations, some of the above limitations could not be applicable to you. In particular, these terms and conditions shall not affect the statutory rights of any consumer nor exclude or restrict any liability for death or personal injury arising from the negligence or fraud of the WorkinFashion network or WorkinFashion Ltd.
- Special Provisions Applicable to International Users (Outside the United Kingdom)
WorkinFashion is hosted and the companies offices are based in the United Kingdom however we welcome network users from anywhere in the world. The following rules apply to users outside the United Kingdom in order to endeavour that we respect local laws:
- You consent to having your personal data transferred to and processed in England.
- If you are located in a country embargoed by the government of England or the United Kingdom you will not engage in commercial activities on WorkinFashion (such as advertising or payments).
- Recognising the global nature of the Internet, you agree to comply with all local rules and laws regarding online acceptable content and conduct in the territory in which you reside and/or use the service as well as all relevant rules and laws in England and the United Kingdom.
By "WorkinFashion" we mean the features and services we make available, including through (a) our website at www.workinfashion.com and any other WorkinFashion branded or co-branded websites (including sub-domains, international versions, widgets, and mobile versions); (b) our Platform; and (c) other media, software (such as a toolbar), devices, or networks now existing or later developed. (d) WorkinFashion Ltd the owner of www.workinfashion.com, officers, employee’s, partners and agents thereof.
- By "us," "we" "our" “network” “website” and “site” we mean WorkinFashion (as defined above) and/or WorkinFashion Ltd.
- By "Platform" we mean a set of APIs and services that enable applications, developers, operators or services, including RSS feeds, to retrieve data from WorkinFashion or provide data to us.
- By "information" we mean facts and other information about you, including actions you take.
- By "content" we mean anything you post on WorkinFashion that would not be included in the definition of "information."
- By "data" we mean content and information that third parties can retrieve from WorkinFashion or provide to WorkinFashion through Platform.
- By "post" we mean post on WorkinFashion or otherwise make available to us (such as making a contribution by using an application).
- By "use" we mean use, copy, publicly perform or display, distribute, contribute, modify, translate, and create derivative works of.
- By "active registered user" we mean a user who has logged into WorkinFashion at least once in the previous 90 days.
- By "application" we mean any application or website that uses or accesses the Platform, as well as any other thing that can or does receive data.
- By “downtime” we mean any disruption of service to the WorkinFashion website be it as a whole or to any part or individual page.
- By “Abuse” we mean any form of abusive content, behaviour on the network or breach of these terms and conditions in any way.
- This Statement makes up the entire agreement between the parties regarding WorkinFashion, and supersedes any prior agreements.
- If any portion of this Statement is found to be unenforceable, the remaining portion will remain in full force and effect.
- You agree not to transfer any of your rights or obligations under this Statement to anyone else without our consent.
- If we fail to enforce any of this Statement, it will not be considered as a waiver.
- Any amendment to or waiver of this Statement must be made in writing and signed by us.
- All of our rights and obligations under this Statement are freely assignable by us in connection with a merger, acquisition, or sale of assets, or by operation of law or otherwise.
- This statement and its contents shall not prevent us from complying with the law.
- This Statement does not in any way confer any third party beneficiary rights.