Terms and Conditions

Effective Date: May 23, 2018

We updated our Terms and Conditions on May 9, 2018. The updated terms and conditions with changes is effective from May 23, 2018. The old Terms and Conditions which can be found here still applies to all Refeasy services from now until the start of the new version on May 23, 2018.

1.0Introduction

1.1

This website is owned and operated by Refeasy Limited. Our company information is at the end of this document.

1.2

Please read these terms and conditions carefully. They replace any previous versions. By registering on our websites or using our Service (as defined below), you agree to be bound by these terms and conditions. Please print or save these terms for future use as we will not keep a file copy specifically for the transaction with you and we cannot guarantee that they will remain accessible on our websites in future. These terms and conditions are available in the English language only.

1.3

These terms and conditions apply to all Users (except insofar as they are stated to apply only to particular categories of Users).

2.0Definitions

2.1

Capitalised terms have the following meanings in these terms and conditions:

  • “Candidate” - any person using our Service with a view to obtaining and managing their References.
  • “Consumer” - an individual acting for purposes which are wholly or mainly outside that person’s trade, business, craft or profession.
  • “Content” – references, recommendation letters and all other information uploaded, sent or stored on or in connection with our Service.
  • “Recruiter” – any person or organisation using our Service with a view to obtaining or accessing a Reference for a Candidate.
  • “Referee” – any person or organisation using our Service with a view to providing a Reference for a Candidate.
  • “Reference” – reference, recommendation letter or similar.
  • “Service” – our websites (including www.refeasy.com), the services we offer by means of our websites and any related software and services.
  • “User” - persons or organisations using our Service (whether or not registered with us) including Candidates, Recruiters and Referees.

3.0Changes to the terms and conditions

3.1

We may change these terms and conditions together with other policies and legal statements covering our Service from time to time without giving you prior notice. Revised versions of this policy will be posted on our websites at least 14days before the effective date. Where appropriate, such policy changes may be communicated with you via your registered e-mail address. Please check our websites from time to time. You will be bound by the revised agreement if you continue to use our Service following the effective date shown.

3.2

However, if you are a Consumer with a subscription to our Service, you won’t be bound by any such changes to the terms and conditions unless they are minor or required by applicable law or regulations. If you renew or upgrade your subscription, you will be bound by the then-current version of the terms and conditions on our websites.

4.0Your order (Candidates only)

4.1

Your order or subscription is an offer to contract with us.

4.2

You place your order by using the ordering process on our sites. This process permits you to check and amend any errors before making an order by using the Change/Cancel function and/or the internet browser back button.

4.3

We will send you a confirmation e-mail after your order. This is our acceptance of your order and the point at which a legally binding contract is formed.

5.0Right to cancel (“cooling off”) (Candidates only)

5.1

If you are a Consumer located within the European Economic Area, you have the right to cancel this contract subject to the provisions set out below.

5.2

If you do have the right to cancel, the following apply:

Right to cancel
5.3

You have the right to cancel this contract within 14 days without giving any reason.

5.4

The cancellation period will expire after 14 days from the day of the conclusion of the contract.

5.5

To exercise the right to cancel, you must inform us Refeasy Limited, 2nd Floor, Titan Court, 3 Bishop Square, Hatfield, Hertfordshire, AL10 9NA, United Kingdom [Tel 0044 808 164 2605, Fax 0044 808 164 2601 and via e-mail support@refeasy.com] of your decision to cancel this contract by a clear statement (e.g. a letter sent by post, fax or e-mail). You may use the model cancellation form at the end of this document but it is not obligatory.

5.6

To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

Effects of cancellation
5.7

If you cancel this contract, we will reimburse to you all payments received from you.

5.8

We will make the reimbursement without undue delay, and not later than 14 days after the day on which we are informed about your decision to cancel this contract.

5.9

We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement.

5.10

If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation of this contract in comparison with the full coverage of the contract.

5.11

For a paid subscription (Lite, Regular or Premium), if you requested for up to two References from a Referee or shared up to two References with one or more Recruiters, and you request for cancellation by informing us as specified in 5.5 above within the statutory 14-day cancellation period, you may be entitled to 50% of the subscription fee paid per year for that particular subscription.

5.12

For a paid subscription (Lite, Regular or Premium), if you requested for more than two References from a Referee or shared more than two References with one or more Recruiters, and you request for cancellation by informing us as specified in 5.5 above within the statutory 14-day cancellation period, you may be entitled to 25% of the subscription fee paid per year for that particular subscription.

6.0Use of our Service

6.1

We grant Users a limited personal non-transferable right to use our Service subject to these terms and conditions.

6.2

You are not eligible for and must not use or register on our Service if you are under 18 years of age.

6.3

Our Service is designed for, and may only be used by, bona fide Reference management purposes.

6.4

Where you communicate with us on behalf of a company/ organisation/ institution, you promise that you have authority to act on behalf of that entity.

6.5

By agreeing to these terms and conditions as an agent, such as a recruitment agent, you confirm that the client for whom you act in connection with use of our Service is bound by these terms and conditions and that you are independently bound on your own behalf.

6.6

You may only use the free registration period for the purpose of a genuine assessment of the Service. You must not attempt to use the Service for more than one free registration period.

6.7

You agree that you will not in connection with the Service:

6.7.1

breach any applicable law, regulation or code of conduct;

6.7.2

upload, send or store any Content (including links or references to other content), or otherwise behave in a manner, which:

6.7.2.1

is defamatory, threatening, harassing, invasive of privacy, offensive, vulgar, racist, hateful, discriminatory, obscene, pornographic, sexually suggestive, promoting of self-harm, misleading, abusive or deceptive;

6.7.2.2

infringes any intellectual property or other rights of others;

6.7.2.3

involves phishing or scamming or similar; or

6.7.2.4

we otherwise reasonably consider to be inappropriate;

6.7.3

upload, send or store any Content which includes personal data of third parties without their consent (and so, for example, you should check with potential referees and recruiters before inputting their details into our Service);

6.7.4

impersonate any person or entity for the purpose of misleading others;

6.7.5

use the Service to provide a similar service to third parties or otherwise with a view to competing with us;

6.7.6

sell advertising, sponsorship or promotions on or in connection with Content except where explicitly authorised by us;

6.7.7

use the Service for junk mail, spam, pyramid or similar or fraudulent schemes;

6.7.8

do anything which may have the effect of disrupting the Service including worms, viruses, software bombs or mass mailings;

6.7.9

do anything which may negatively affect other Users’ enjoyment of the Service;

6.7.10

gain unauthorised access to any part of the Service or equipment used to provide the Service;

6.7.11

use any automated means to interact with our systems excluding public search engines; or

6.7.12

attempt, encourage or assist any of the above.

6.8

All Users agree that they will deal with other Users in a reasonable and lawful manner.

6.9

You must promptly comply with any reasonable request or instruction by us in connection with the Service.

6.10

We are entitled to impose and/or change limitations on usage of our Service.

6.11

You must ensure that any contact or other information which you supply to us is accurate and not misleading and you will update it so that it remains so.

7.0References and other Content

7.1

You accept that we only provide a platform to facilitate the supply and management of References. We do not ourselves supply References or guarantee that any References will be supplied by a particular Referee or that any References which are supplied will be of any particular quality or suitable for a Candidate’s purpose. Nor do we verify any User, whether as to identity, qualifications, experience or otherwise.

7.2

We do not guarantee that any communications sent via our Service will be received by the intended recipient, whether requesting References from a Referee, alerting Candidates to upload of References, forwarding a Reference to a Recruiter or otherwise. If you are a Candidate, it is your responsibility to frequently log in to our Service to check the status of your References and to follow up separately with Referees / Recruiters if you have not received a response within a reasonable time.

7.3

You use our Service and rely on References and other Content at your own risk.

7.4

You are responsible for Content which you request, send, upload or store via the Service. You promise us that you have (and will retain) all rights and permissions needed to enable use of such Content as contemplated by the Service and these terms and conditions.

7.5

If you are a Candidate, you promise both the Referee and us that you will not take any steps to gain access to a Reference which a Referee has marked as restricted. If you are a Referee, you agree that we are not responsible if a Candidate breaches this obligation, for example by forwarding a restricted Reference to an email address controlled by the Candidate.

7.6

If you are a Referee, it is your responsibility to check data subject access rights of the Candidate under the Data Protection Act 1998 or any other data protection laws and regulations in your geographical area in relation to References you may provide for a User via our Service.

7.7

If you are a Recruiter, you acknowledge that any Reference link which we send you can only be accessed once unless specified otherwise. It is your responsibility to immediately download the Reference if you want to be able to re-access it in future. We do not accept responsibility for any Reference shared by Candidate outside our Service. It is your responsibility to verify any such Reference on our website.

7.9

It is your responsibility to make your own backup of any Content stored within the Service to protect you in case of loss or damage to such material. We are not responsible for such loss or damage.

7.10

We reserve the right to place advertisements adjacent to or within your Content. We retain all revenue from such advertisements.

7.11

We reserve the right without notice to block access to and/or irretrievably delete References and other Content:

7.11.1

if a subscription or free registration period ends; or

7.11.2

following termination of this agreement.

7.12

If you have any complaint about Content or behaviour, please email us at support@refeasy.com.

7.13

We reserve the right without notice or refund to suspend, remove or delete any Content or to disclose to the relevant authorities or to a complainant any Content or behaviour if it is the subject of complaint or where we have reason to believe that it breaches our terms and conditions, or that such steps are necessary to protect us or others, or that a criminal act has been committed, or if we are required to do so by law or appropriate authority.

8.0Third party services / advertising / websites

8.1

We may use third party-provided services or display third party advertising within our Service and/or link to third party websites which may be of interest to you. We do not recommend or endorse, nor are we legally responsible for, those sites or services. You use them at your own risk.

9.0Guidance by us

9.1

Any guidance or similar information which we ourselves make available on our Service is intended as very general guidance information but we cannot guarantee that it is accurate or up to date and we do not accept legal responsibility for it. Before acting on such information, you must make your own appropriate and careful enquiries including as to its accuracy and suitability for your purposes. You rely on such information at your own risk.

10.0Your account

10.1

If we permit you to open an account on our Service, this is for your personal use only and is non-transferable. You must not authorise or permit any other person to use your account. You must take reasonable care to protect and keep confidential your password and other account or identity information. You must notify us immediately of any apparent breach of security such as loss, theft, misuse or unauthorised disclosure or use of a password. You are responsible for third parties who use your account or identity (unless and to the extent that we are at fault).

11.0Payment

11.1

While certain features and parts of our Service are available to Users free of charge, full use of our Service is available only to Users who subscribe. Subscriptions can be acquired at the prices, for the periods and by the payment methods specified on our Service. Payment is in advance.

11.2

The prices shown on our websites include VAT.

11.3

You are legally committed to pay your subscription payment once we confirm your order.

11.4

Where specified on the payment page of our Service when you subscribed, your subscription will continue to be auto-renewed for the same subscription period which you signed up to unless you cancel before the renewal date by following the instructions on our Service. You authorise us and our third party payment provider to charge your payment card for the relevant amounts when payments are due in accordance with this agreement.

11.5

We may at any time change our subscription prices. The new rate takes effect if you apply for a new subscription after we post the new prices on our Service. For existing subscribers, we will give you notice by email at least 14 days before any price change takes effect. The next renewal of your subscription after the one month's notice will be at the new price.

11.6

You must contact us immediately with full details if you dispute any payment.

12.0Ending or suspending this contract

12.1

You may at any time end this contract by following the instructions on our Service but doing so doesn’t entitle you to a refund. (Though this doesn’t affect any Consumer “cooling off” rights, explained above.)

12.2

We are entitled at any time to end this contract without notice if your free registration period has expired or if your subscription has expired without renewal.

12.3

We are entitled at any time end this contract by e-mail notice without refund if we terminate our Service as a whole.

12.4

We are entitled at any time (with or without notice) to end this contract or suspend part or all of our Service if we have reason to believe that you have breached our terms and conditions or if any fees due to us are unpaid / unjustifiably charged back or if it is necessary to protect us or others or if we are required to do so by law or appropriate authority. If so, and you are a subscriber, we will refund pro rata that part of your most recent subscription payment relating to the period after termination.

12.5

If this contract ends: Your right to use our Service and all licences are terminated. Existing rights and liabilities are unaffected. All clauses in this contract which are stated or intended to continue after termination will continue to apply. You must not attempt to re-register for or continue to use our Service if we have given you notice of termination.

13.0Functioning of our Service

13.1

We do not guarantee that the Service will be uninterrupted or error-free.

13.2

We are entitled, without notice and without liability, to suspend the Service for repair, maintenance, improvement or other technical reason.

13.3

We are entitled, without notice and without liability, to make changes to the Service provided these do not have a material adverse effect.

14.0Liability

14.1

Nothing in this agreement in any way limits or excludes our liability for negligence causing death or personal injury or for fraud or fraudulent misrepresentation or for anything which may not legally be excluded or limited. In this section, any reference to us includes our employees and agents.

14.2

Very important: If you are a Consumer, we shall not be liable for any loss or damage caused by us or our employees or agents in circumstances where:

14.2.1

there is no breach of a legal duty owed to you by us or by any of our employees or agents;

14.2.2

such loss or damage was not reasonably foreseeable (meaning it was not an obvious consequence of our breach or not contemplated by you and us at the time we entered into this contract);

14.2.3

such loss or damage is caused by you, for example by not complying with this agreement; or

14.2.4

such loss or damage relates to a business of yours.

14.3

Very important: If you are a Consumer, you will be liable for any reasonably foreseeable loss or damage we suffer arising from your breach of this agreement or misuse of our Service (subject of course to our obligation to mitigate any losses).

14.4

The following clauses apply only if you are not a Consumer:

14.4.1

In no event (including our own negligence) will we be liable for any:

14.4.1.1

economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

14.4.1.2

loss of goodwill or reputation;

14.4.1.3

special, indirect or consequential losses; or

14.4.1.4

damage to or loss of data
(even if we have been advised of the possibility of such losses).

14.4.2

You will indemnify us against all claims and liabilities directly or indirectly related to your use of the Service and/or breach of this agreement.

14.4.3

To the extent allowed by law, you and we exclude all terms, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement.

14.4.4

This agreement constitutes the entire agreement between us with respect to its subject matter and supersedes any previous communications or agreements between us. We both acknowledge that there have been no misrepresentations and that neither of us has relied on any pre-contractual statements. Liability for misrepresentation (excluding fraudulent misrepresentation) relating to the terms of this agreement is excluded.

15.0Intellectual property rights

15.1

All trademarks, logos, graphics, images, photographs, animation, videos, text and software used on the Service are our intellectual property or that of our suppliers or licensors (excluding User-generated Content). For the purposes of your personal use only, you may view such material on your screen and print a single copy.You may not otherwise use, sublicense, retrieve, display, modify, copy, print, sell, distribute, download, hire, reverse engineer (unless permitted by applicable law) or create extracts of, or derivative works from, such material without our specific prior written consent"

15.2

Just to be clear - you must not collect, scrape, harvest, frame or deep-link to any Content on our Service without our specific prior written consent.

15.3

You must not circumvent or otherwise interfere with any security - related features of the Service or features that limit or prevent copying of Content or which restrict use of Content.

15.4

If you upload, send or store any Content via our Service, you grant us a worldwide, perpetual, non-exclusive, royalty-free licence to use such Content in connection with our Service. You also grant the relevant User a licence to use your Content as envisaged by the Service and these terms and conditions.

16.0Privacy

16.1

You acknowledge and agree that we may process your personal data in accordance with the terms of our Privacy and cookies policy which is subject to change from time to time without prior notice.

17.0Events outside our control

17.1

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 including third party telecommunication failures.

18.0 Transfer

18.1

We may transfer all or part of our rights or duties under this agreement provided we take reasonable steps to ensure that your rights under this agreement are not prejudiced. As this agreement is personal to you, you may not transfer any of your rights or duties under it without our prior written consent.

19.0English law

19.1

These terms and conditions shall be governed by English law and any disputes will be decided only by the courts of the United Kingdom. You may be entitled to use an EU online dispute resolution service to assist with any contractual dispute you may have with us. This service can be found at http://ec.europa.eu/consumers/odr/ . Our e-mail address is support@refeasy.com.

20.0General

20.1

We may send all notices under this agreement by e-mail to the most recent e-mail address you have supplied to us (unless otherwise stated in this agreement). Headings used in this agreement are for information and not binding. Any failure by either party to exercise or enforce any right or provision of this agreement does not mean this is a “waiver” (i.e. that it cannot be enforced later). If any part of this agreement is ineffective or unenforceable for any reason, the rest of the agreement shall continue to apply. A person who is not a party to this agreement shall have no rights to enforce this agreement except insofar as expressly stated otherwise. The parties are independent contractors and, except as otherwise specifically stated above, nothing in this agreement constitutes any party as agent, employee or representative of the other.

21.0Complaints

21.1

If you have any complaints, please contact us via the contact details shown below.

22.0Company information

22.1

Company name: Refeasy Limited

22.2

Country of incorporation: England and Wales.

22.3

Registered number: 09990292

22.4

Registered office and trading address: 2nd Floor, Titan Court, 3 Bishop Square, Hatfield, Hertfordshire, AL10 9NA, United Kingdom

22.5

Other contact information: See our websites.

22.6

VAT number: 264 3100 38

Version 2018.05.001

Model Cancellation Form

Complete and return this form only if you wish to cancel the contract:

  • — To Refeasy Limited, 2nd Floor, Titan Court, 3 Bishop Square, Hatfield, Hertfordshire, AL10 9NA, United Kingdom, Fax 0044 808 164 2601; e-mail address support@refeasy.com
  • — I/We [*] hereby give notice that I/We [*] cancel my/our [*] contract of sale of the following goods [*]/ for the supply of the following service [*],
  • — Ordered on [*]/received on [*],
  • — Name of consumer(s),
  • — Address of consumer(s),
  • — Signature of consumer(s) (only if this form is notified on paper),
  • — Date
  • [*] Delete as appropriate