The undernoted terms and conditions set out the basis for the use of the Website (as below defined) and the basis on which the provision of
the Services (as below defined) by Hiire (as below defined) to the Buyer (as below defined) are effected.
You should read these carefully and if you do not agree to them, you should not purchase any Services from this Website.
In order to indicate your acceptance of these terms and conditions, click on the button marked “I Agree”.
If you do not agree, you should exit the Website.
The following terms and conditions apply:
For the purposes of these terms and conditions, the following definitions shall have the following meanings:
1.1 “Buyer” means any third party who uses the Website and agrees to purchase the Services from Hiire.
1.2 “Buyer Content” means any information created and generated by the Buyer for display via the Website from time to time including without limitation text, images, audio material, video material and audio-visual material.
1.3 “Business Day” means a day, other than a Saturday or Sunday, on which clearing banks are open for a full range of services in London.
1.4 “Contract” means each contract between Hiire and the Buyer for the provision of Services incorporating the Terms and Conditions.
1.5 “Good Industry Practice” means the exercise of that degree of skill and care which would reasonably be expected from a skilled and experienced operator seeking in good faith to comply with its contractual obligations and engaged in the same type of undertaking and under the same or similar circumstances.
1.6 “Hiire App” means the software application of Hiire, for use on mobile and other devices, permitting employee candidates to view and apply for those employment opportunities submitted by each Buyer via the Website.
1.7 “Services” means the on-line employer/employee employment availability and matching services which the Buyer agrees to purchase from Hiire.
1.8 “Terms and Conditions” means the terms and conditions for the use of the Website and the provision of Services as set out herein and as amended from time to time.
1.9 “Hiire” means Hiire Limited (SC493442) of 121 Moffat Street, Glasgow, G5 0ND.
1.10 “Website” means the user interface and functionality made available on pages under the domain name www.hiire.co.uk.
2.1 These Terms and Conditions shall apply to the Buyer’s use of the Website and all Contracts for the provision of Services by Hiire to the Buyer and shall take precedence over and to the exclusion of any other documentation or communication from the Buyer.
2.2 Any variation to these Terms and Conditions (including any special terms and conditions agreed between Hiire and the Buyer) shall only be valid and enforceable if the same is agreed and accepted in writing by Hiire.
3.1 Any use by the Buyer of the Website is subject to the following conditions:
3.1.1 The Buyer agrees not to re-publish any material from the Website including re-publication on another website.
3.1.2 The Buyer agrees not to sell, rent or sub-licence any material from the Website.
3.1.3 The Buyer agrees not to reproduce, duplicate, copy or otherwise exploit material on the Website for any commercial purpose.
3.1.4 The Buyer agrees not to use the Website in such a way that damages, disrupts, interferes with or restricts the use, availability or accessibility of the Website by other users.
3.1.5 The Buyer agrees not to upload, display or transmit any data through the Website the use of which infringes the rights of any third party anywhere in the world.
3.1.6 The Buyer agrees not to change, modify, delete, interfere with or misuse data contained on the Website and entered by or relating to any third party user of the Website.
3.1.7 The Buyer agrees not to use the Website for any illegal, non-legitimate, fraudulent or harmful purpose nor otherwise than for the provision of the Services for bona fide transactions of the Buyer lawfully and properly to be entered into solely in connection with the Buyer’s business.
3.1.8 The Buyer agrees not to reverse engineer, decompile, copy or adapt any software or other code or scripts forming part of the Website or attempt to transmit to or via the Website any information that contains a virus, worm, trojan horse or other harmful or disruptive component.
3.1.9 The Buyer agrees not to conduct any systematic or automated data collection activities (including data mining and data harvesting) on or in relation to the Website.
3.1.10 The Buyer agrees not to use the Website to transmit or send unsolicited commercial communications or for any purposes related to marketing.
3.2 In relation to any Buyer Content:
3.2.1 The Buyer grants to Hiire a worldwide, irrevocable, non-exclusive, royalty-free licence to use, reproduce, publish and distribute the Buyer Content in any existing or future media.
3.2.2 The Buyer agrees that any Buyer Content will not be illegal, unlawful, obscene, indecent, defamatory or false nor will any Buyer Content infringe the legal or other rights of any third party.
3.2.3 The Buyer agrees that it will not submit any Buyer Content to the Website that is the subject of any threatened or actual legal proceedings or other similar complaint.
3.2.4 The Buyer agrees and acknowledges that Hiire shall have the right in its sole discretion to edit or remove any Buyer Content submitted to the Website by the Buyer or so hosted or published on the Website in connection with the provision of the Services.
3.2.5 The Buyer agrees and acknowledges that, notwithstanding Hiire’s rights under these Terms and Conditions in relation to any Buyer Content, Hiire does not undertake to monitor the submission of any Buyer Content to, nor the publication of any Buyer Content on, the Website.
3.3 The Website contains material which is owned by or licensed to Hiire including, but not limited to, the design, layout, look, appearance and graphics and any reproduction thereof is prohibited without the prior written consent of Hiire.
3.4 Any unauthorised use of the Website may give rise to a claim for damages and/or be a criminal offence.
3.5 Hiire does not guarantee that the Website will always be available to the Buyer and accordingly the Website is made available strictly on the basis that (1) the Buyer accepts use of the Website on an 'as is' and 'as available' basis, (2) all warranties, conditions and undertakings, express or implied, whether by common law, statute, trade usage, course of dealings or otherwise in respect of the use of the Website are excluded to the fullest extent permitted by law and (3) Hiire excludes any liability, to the fullest extent permitted by law, of Hiire in respect of any loss or damage resulting or arising from any non-availability for use of the Website or from reliance on the contents of the Website or any material or content accessed through it.
3.6 Whilst Hiire will make reasonable efforts to update the information contained on the Website, neither Hiire nor any third party or data or content provider makes any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any such information contained on the Website.
3.7 Hiire reserves the right at any time to change or discontinue, without notice, any aspect or feature of the Website.
3.8 Use or reliance on any external links and the content thereon provided is at the Buyer’s own risk. When visiting external links, the Buyer must refer to that external website’s terms and conditions of use. No hypertext links shall be created from any website controlled by the Buyer or otherwise to the Website without the express prior written consent of Hiire.
4.1 All purchases by the Buyer of Services shall be made subject to these Terms and Conditions and shall be subject to acceptance by Hiire. Hiire may choose not to accept any such order for a purchase in its entire discretion.
4.2 When purchasing Services through the Website, the Buyer must complete the order process as follows:
4.2.1 If the Buyer is a new customer, the Buyer must create an account with Hiire and log in.
4.2.2 Once the Buyer is logged in, the Buyer will be provided with the opportunity to identify the Buyer’s requirements by following the step by step layout of the Website and to confirm their order and the Buyer’s acceptance of the Terms and Conditions.
4.2.3 Unless the Buyer is already in credit, the Buyer will then be required to use the services of Hiire’s secure payment provider to handle the Buyer’s payment for the Services.
4.2.4 Hiire will then by email and Website status update confirm receipt of the Buyer’s order.
4.2.5 In the event of Hiire identifying any queries in relation to the Buyer’s order, Hiire will by email and Website status update advise the Buyer and endeavour to resolve the query.
4.2.6 Unless Hiire confirms to the Buyer that it is unable to fulfil the Buyer’s order, Hiire will then (i) extract the data and Buyer Content the subject of the Contract and (ii) procure that the data and Buyer Content the subject of the Contract is displayed for viewing on the Website and the Hiire App and a binding Contract shall be established.
4.2.7 Hiire will thereafter by email and Website status update confirm to the Buyer that performance of the Services in relation to the relevant Contract has been effected.
5.1 I from display of all loaded data to which the non-payment relates until such time as the Buyer remedies such nHiire’s fees for the provision of Services (“the Fees”) shall be as specified from time to time on the Website. For the avoidance of doubt the Fees the subject of each Contract shall attract value added tax thereon if applicable.
5.2 The Fees for the Services, including any value added tax thereon, shall be displayed in the Buyer’s shopping cart prior to confirmation of the Buyer’s order and acceptance of the Terms and Conditions by the Buyer.
5.3 Unless alternative credit terms are in place between the Buyer and Hiire, payment of the relevant Fees for the Services shall be taken by Hiire immediately following the Buyer’s compliance with Clause 4.2.7 hereof. Payment of the same shall be made without entitlement to deduction or set off by the Buyer, which right is hereby excluded.
5.4 Where applicable, if any payment by the Buyer is rejected or refused, the amount owing by the Buyer will be treated as an entitlement in favour of Hiire to immediately cease or suspend the provision of all Services until payment in full has been received.
5.5 Without prejudice to all other remedies available to Hiire, in the event of the Buyer’s failure to make payment to Hiire in cleared funds of any sum due in terms of a Contract within 5 Business Days of Hiire’s compliance with the terms of Clause 4.2.7, Hiire reserves the right to procure the removaon-payment.
6.1 Hiire undertakes to the Buyer to provide the Services in accordance with Good Industry Practice.
6.2 For the avoidance of doubt, Hiire gives no guarantee and makes no representation that any data or content, which is from time to time provided by any employee candidate and uploaded to and for display on the Website, is accurate or correct.
6.3 For the avoidance of doubt, Hiire gives no guarantee that the provision of the Services will result in the Buyer securing the employment of any third party candidate.
6.4 For the avoidance of doubt, Hiire undertakes to the Buyer to remove any illegal, unlawful, obscene, indecent, defamatory or false content which is from time to time provided by any employee candidate and uploaded to and for view by the Buyer, provided always that the Buyer has advised Hiire of such content and provided further that Hiire does not undertake to monitor the submission of such content continuously.
6.5 Hiire agrees to investigate and respond to any complaint of the Buyer within a 10 Business Day period of receipt of any complaint.
6.6 Hiire undertakes to the Buyer that it will keep and maintain, for such period as is considered appropriate by Hiire, accurate records in respect of all Contracts received from the Buyer by Hiire.
7.1 Hiire reserves the right to alter the Fees specified on the Website but Hiire undertakes to make every effort to make sure the Fees displayed are correct at the point at which any Contract is concluded.
7.2 Hiire reserves the right to remove the provision of any part of the Services from the Website at any time subject always to the right of the Buyer to receive Services contracted and paid for prior to such removal.
7.3 Nothing contained in these Terms and Conditions shall operate to prevent Hiire from adding to or extending the nature of the Services which can be provided utilising the Website.
7.4 If at any time the Buyer is in default in the performance or observance of any of its obligations under these Terms and Conditions, Hiire shall be entitled, for so long as such default continues (but without prejudice to any of its other rights under these Terms and Conditions), to withhold any provision of the Services and to suspend the Buyer’s access to and use of the Website.
8.1 Hiire warrants that the data and Buyer Content displayed by Hiire in respect of a relevant Contract will accurately reflect the data it receives from the Buyer.
8.2 Save as below provided, Hiire shall not be liable to the Buyer for any loss or damage whatsoever or howsoever caused arising directly or indirectly in connection with any provision of the Services.
8.3 Notwithstanding the generality of Clause 8.2 above, Hiire expressly excludes liability to the Buyer for consequential loss or damage or for loss of profit, business, revenue, goodwill or anticipated savings of the Buyer.
8.4 Without prejudice to Clause 8.5 below, Hiire’s entire liability to the Buyer under each Contract (whether in contract, delict or otherwise) will, in each case where such liability arises out of or in connection with the provision of the Services for which Fees are paid to Hiire by the Buyer, be limited to the amount of the relevant Fee rendered by Hiire to the Buyer for the Contract in question.
8.5 Hiire does not exclude liability for death or personal injury to the extent only that the same arises as a result of the negligence of Hiire, its employees, agents or authorised representatives.
8.6 Hiire accepts no liability whatsoever to the Buyer in circumstances where Buyer provides incorrect or inaccurate input data or Buyer Content which is subsequently loaded by Hiire in compliance with the Terms & Conditions.
8.7 Hiire accepts no liability to the Buyer in circumstances where the Buyer’s internet service provider fails to provide its services properly to the Buyer, with such failure being deemed to include any non-availability or adverse conditions of usage on the internet networks.
8.8 Whilst Hiire shall take reasonable steps to ensure that the operation of the Website is free from errors, bugs or viruses, Hiire does not accept any liability for and makes no representations in relation to any errors, bugs or viruses that may arise as a result of the Buyer’s use of the Website.
9.1 The Buyer understands and agrees that the Services are to be provided on a “browser based” platform and that the Buyer is responsible for obtaining access to the Services through the Buyer’s own internet service provider (the airtime charges therefore being the Buyer’s responsibility) in conjunction with all compatible computer hardware and software of the Buyer required to achieve the same.
9.2 The Buyer irrevocably agrees and undertakes to indemnify Hiire from and against any and all damages, losses, expenses and costs attributable to any breach by the Buyer of these Terms and Conditions and any Contract thereunder including, without prejudice to the foregoing generality, the Buyer’s use or misuse of and access to the Website in connection with the provision of the Services.
9.3 The use of the Buyer’s account login key is personal to the Buyer and accordingly use of the same shall be restricted to the Buyer and the Buyer undertakes not to disclose or otherwise share such account login key with any third party.
9.4 The Buyer shall be bound to maintain full and accurate details of all authorised users of the account login key and to ensure that all such authorised users are properly notified of the requirement to comply with the Terms and Conditions.
9.5 If the person placing an order for Services is an employee of the Buyer by doing so that person warrants that he/she is properly authorised to purchase the Services on behalf of the Buyer.
10.1 Hiire may at any time modify the Terms and Conditions and the Buyer acknowledges and agrees that, by visiting the Website from time to time, the Buyer shall become bound to the current version of the Terms and Conditions, all previous versions being superseded, it being the responsibility of the Buyer to review the Terms and Conditions each time the Buyer visits the Website.
10.2 If any provision of these Terms and Conditions is held by a court of competent jurisdiction to be unenforceable, such unenforceability will not affect the remaining terms and conditions which shall remain in full force and effect.
10.3 Neither the Buyer nor Hiire shall be responsible for their failure to perform their obligations for reasons beyond its reasonable control, including but not limited to government regulations, fire, flood, car, civil war, terrorism or act of God. If either is affected by an event referred to in this clause it must inform the other in writing as soon as reasonably practicable.
10.4 The Buyer and Hiire agree to treat all information provided by the parties in accordance with the Terms and Conditions in accordance with the applicable laws and regulations governing the use of personal data including, without prejudice to the foregoing generality, the Data Protection Act 1998.
10.5 In the event that the Buyer is a “consumer” (as defined in The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013), the Buyer shall have the right to cancel any contract within 14 days of placing any order for Services. All reimbursements shall be made by Hiire to the Buyer within 14 days and using the same means of payment used by the Buyer for the relevant transaction. Notwithstanding the foregoing, the buyer expressly requests that Hiire provides any Services immediately and within the statutory cancellation period.
10.6 These Terms and Conditions shall be governed by and construed in accordance with Scots Law and proceedings thereunder or under any Contract will be subject to the non-exclusive jurisdiction of the Scottish Courts.