Terms & Conditions

Last updated: 12 March 2019

Table of Contents

Website Terms & Conditions

Last updated: 12 March 2019

1. Introduction

1.1. These Terms and conditions (the “Terms”) govern your use of the website and web application accessible via www.tessellate.co (together, the “Site”) owned and operated by Tessellate Careers Limited (“Tessellate”), a company incorporated and registered in England and Wales with company number 11068969 and having its registered office at 34 West Hill Park, London, N6 6ND.

1.2. Tessellate provides an online service for the introduction of Candidates to Employers based on the information submitted by each of them to the Site (the “Service”).

1.3. By using the Site, you agree to be bound by and to comply with these Terms.

1.4. Our Privacy Policy sets out the terms on which we process your personal data and forms part of these Terms. Depending on whether you are an Employer or a Candidate, separate terms apply in relation to the Service. Privacy Policy

1.5. Tessellate may from time to time vary these Terms. A copy of the new Terms will be made available on the Site. Your continued use of the Site shall constitute your consent to the revised Terms.

2. Definitions

2.1. Throughout these Terms: “Candidate” means individuals using the Site or the Service to explore potential employment opportunities.

“Content” means any information that you post, submit or transmit via the Platform for or to Candidates or Employers, as appropriate.

“Employer” means the person, firm or company using the Site or the Service to seek Candidates for employment opportunities.

“Tessellate” means Tessellate Careers Limited, the Site, or the Service as appropriate. References to “us”, “we”, and “our” refer to Tessellate.

“You” means the Candidate or the Employer, as appropriate.

3. Your account and your responsibilities

3.1. You are responsible for your use of the Site and the Service. You are also responsible for any use of the Site or Service made using your account.

3.2. You agree to keep your user credentials created during the registration process secret. If you believe that unauthorised use of your account has taken place you should change your user credentials immediately and advise us of the possible unauthorised use via support@tessellate.co.

3.3. We reserve the right to disable your user credentials, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these Terms.

3.4. We make no guarantee that the Site will be available at all times. Access may be interrupted by maintenance, improvements or other issues. We will, where possible, seek to provide notice of any scheduled down time or withdrawal of the Service. However, we shall have no responsibility to you in the event that the Site is unavailable.

3.5. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trademarks, except as permitted by these Terms or as may otherwise be agreed in writing.

3.6. When adding Content to the Site or engaging with Employers or Candidates, you are required to act in a proper and responsible manner. We have the right to remove Content and/or to suspend or terminate your access to the Site if we consider you have failed to do so. We also have the right to disclose your identity to any user of the Site or any third party that may claim that Content provided by you constitutes a violation of their intellectual property rights, or of their right to privacy.

3.7. When using our Site and Service you agree that:

3.7.1. You will not seek to interfere with or disrupt the Site or Service, including by attempting to gain unauthorised access to the Site, the server on which the Site is stored, nor any server, computer or database connected to the Site;

3.7.2. You will not attempt to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site or Service;

3.7.3. You will not seek to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine;

3.7.4. You will not knowingly introduce any viruses, trojans, worms, or any other malicious or technically harmful material;

3.7.5. You will not copy, distribute or disclose any part of the Site or the Service in any medium, including without limitation by any automated or non-automated “scraping”;

3.7.6. You will not collect or harvest any personally identifiable information, including account names, from the Service;

3.7.7. You will not attack the Site via a denial-of-service attack or a distributed denial-of service attack and nor will you take any action that we may consider constitutes an unreasonable or disproportionately large load on our infrastructure;

3.7.8. You will not use any automated system, including without limitation “robots,” “spiders,” or “offline readers”, to access the Site or the Service in a manner that sends more request messages to our servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser;

3.7.9. You will not access the Site or Service through any technology or means other than those provided or authorised by the Service (and access to the Site or Service through virtual private network or proxy is expressly forbidden);

3.7.10. You will not violate any requirements, procedures, policies or regulations of networks connected to Tessellate;

3.7.11. You will not impersonate any person or entity, use a fictitious name, or misrepresent your identity or affiliation with a person or entity;

3.7.12. You will not upload any Content to the Site that is not true, accurate and current;

3.7.13. You will not stalk, harass, bully or harm any Employer, Candidate, us or our or their staff;

3.7.14. You will not attempt to hack, spam or phish any Employer, Candidate, us or our or their staff;

3.7.15. You will not upload to or transmit via the Site any false, misleading, unlawful, defamatory, obscene, threatening, harassing or abusive Content;

3.7.16. You will not upload any Content to the Site that infringes any third-party intellectual property right(s); and

3.7.17. You will not violate any applicable laws or regulations, including but not limited to laws or regulations governing the collection, processing, or transfer of personal information, or in breach of our Privacy Policy.

3.8. Without prejudice to any other rights, we may terminate your account if you have (or we suspect that you have) violated any of the provisions at 3.7 above, for violating applicable laws, rules or regulations, any other provision in these Terms, or for any other lawful purpose or at our discretion, with or without notice.

3.9. While we are not under any under any obligation to review, screen, edit, monitor, or remove any Content posted on our Site, we reserve the right to do so at any time at our discretion with or without notice.

3.10. We do not guarantee that the Site will be secure or free from viruses. You are responsible for ensuring your own virus protection measures.

3.11. We will report to, and cooperate with, the relevant authorities in the event that it considers you may have committed a criminal offence under the Computer Misuse Act 1990 or under the Data Protection Act 2018.

3.12. We reserve the right to take any action that we deem proper, without notice, to prevent any violation, enforce any provision, or rectify any alleged violations, of these Terms or for any other lawful purpose, at our sole discretion, with or without notice

4. Intellectual property rights

4.1. The Site and the Service are subject to copyright and/or other intellectual property rights that are owned by or licensed to us.

4.2. You shall not extract, copy, use or distribute any content on the Site save as expressly permitted by these Terms or with our prior written consent.

4.3. We reserve all rights in and in relation to the Service and the Site.

5. No warranty

5.1. We make no warranty, express or implied, in relation to the content, suitability, reliability, availability, security or accuracy of the Site or the Service. In particular, without limitation, no warranty is given that: (a) information on the Site is accurate, complete or up-to-date; (b) the Site or the Service will meet your requirements; (c) that the Site will be available on a permanent, uninterrupted, timely or secure basis or without errors; (d) that any defects or errors on the Site will be corrected.

6. Limitation of liability

6.1. To the fullest extent permitted by law, and subject to clause 6.5 below, we shall have no liability for any loss, expense, damage, costs or compensation that may be claimed, whether in contract or tort (including negligence), breach of warranty or statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) use of, or inability to use, our Site or the Service; or (ii) use of, or reliance upon, any Content uploaded to or transmitted via the Site or the Service.

6.2. We shall have no liability for indirect or consequential losses, loss of profits, loss of opportunity, business interruption losses, loss of use or data, or reputational or emotional damage resulting from your use of the Site or the Service.

6.3. We shall have no liability for loss or damage caused by viruses or other harmful materials that may damage your computer or device, programs, data or other material due to your use of our Site, including the downloading of Content.

6.4. We shall have no liability for the content of, or your use of, third party websites to which links are provided on the Site.

6.5. Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law.

7. Indemnity

7.1. You will indemnify and hold harmless Tessellate and its directors, officers, employees, agents and suppliers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising out of or in connection with: 7.1.1. Content uploaded to, or transmitted via, the Site by you; 7.1.2. Your use of the Site; 7.1.3. Your violation of any of these Terms; 7.1.4. Your violation of the rights of any third party.

8. Termination

8.1. You may close your account at any time.

8.2. We reserve the right, at our sole discretion, to suspend or terminate your access to and use of the Site or the Service if you do not comply with these Terms, or if we are unable to verify your account or any of your Content.

8.3. We shall have no liability for the suspension or termination of your account nor for the removal or deletion of your Content.

8.4. Clauses 4 (Intellectual property rights), 6 (limitation of liability). 7 (indemnity) and 8.3 above shall survive termination of these Terms.

9. General

9.1. No failure or delay by a Party to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

9.2. If any provision or part-provision of this Agreement is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of this Agreement.

9.3. No one other than a Party to this Agreement shall have any right to enforce any of its terms.

9.4. This Agreement is governed by the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

Candidate Terms & Conditions

Last updated: 12 March 2019

1. Introduction

1.1. These terms and conditions (the “Terms”) set out an agreement between you and Tessellate Careers Limited (“Tessellate”), a company incorporated and registered in England and Wales with company number 11068969 and having its registered office at 34 West Hill Park, London, N6 6ND.

1.2. These Terms, together with the Website Terms and Conditions, govern your use of the website and mobile application (together, the “Site”) owned and operated by Tessellate, which provides an online service for the Introduction of Candidates and Employers based on the information submitted by them to the Site (the “Service”).

1.3. Our Privacy Policy sets out the terms on which we process your personal data and forms part of these Terms.

1.4. By using the Site, you confirm that you agree to be bound by these Terms.

1.5. We may from time to time vary these Terms. A copy of the new Terms will be made available on the Site. Candidates that have registered to use the Site shall be advised of any material changes. Your continued use of the Site shall constitute your consent to the revised Terms.

2. Definitions

2.1. Throughout these Terms:

“Candidate” means individuals using the Site to explore potential employment opportunities. References to “you” and “your” are to the Candidate.

"Candidate Data" any information, data, documentation and other materials you submit to us or the Site.

"Confidential Information" any information in any form or medium obtained by one party from or on behalf of the other pursuant to these Terms which is expressly marked as confidential or which a reasonable person would reasonably consider to be confidential (and our “Confidential Information” shall include any information relating to our methodology, software, Site, Employers, other Candidates and those other Employers', Candidates' confidential information).

“Content” means any information that you, we or Employers upload to or transmit via the Site.

“Employer” means the person, firm or company using the Site or the Service to seek Candidates for employment opportunities.

“Introducing” means the provision of information relevant to the position or to the Candidate’s suitability for that position to the Employer or Candidate via the Site or the Service. "Introduce", "Introduced" and "Introduction" shall be construed accordingly.

"Permitted Purpose" means the use of any Content (including Candidate Personal Data) by Tessellate and sharing with an Employer for the purpose of considering the suitability of a Candidate for Engagement with an Employer.

"Profile" has the meaning given at clause 4.3.

“Tessellate” means Tessellate Careers Limited, the Site, or the Service, as appropriate. References to “us”, “we”, and “our” refer to Tessellate.

"User" any individual natural person who has registered to use some or all of the Services.

"User Account" your user account within the Site.

3. Conduct of employment agencies and employment business regulations 2003

3.1. For the purpose of the purpose of the Conduct of Employment Agencies and Employment Businesses Regulations 2003:

Tessellate is an Employment Agency Tessellate is not an Employment Business

3.2. Use of the Site and the Service is free for Candidates.

4. Your account

4.1. To set up an account to use the Site, you will be required to register by completing the compulsory information requested as part of the online registration process (which includes your name and email address).

4.2. You will also be required to set up a profile including your eligibility to work in the UK, your discipline, the position(s) you are looking for, the location(s) in which you want to work, your salary expectations, skills and experience, and any preferred Employers and such other information as we may require during the registration process (your “Profile”).

4.3. You acknowledge and agree that all Content uploaded or transmitted by you to the Site is true and accurate and you agree to keep such Content up to date, and to cooperate with us and/or Employers in verifying such information if required.

4.4. You agree that you will not have more than one account.

4.5. We reserve the right (at our sole discretion) to accept or reject your registration, and to terminate your account and/or access to the Site and/or the Service.

4.6. You must notify us immediately via your User Account of any changes to your Profile.

4.7. You shall use your own details and must not impersonate another person or organisation or adopt a false identity.

4.8. You shall keep your usernames and passwords strictly confidential and secure. If you think that a third party may know your username or password, you shall inform us immediately and we will suspend use of the Services and the Site under that username and password (but in any even you shall be responsible for any use under that username and password until we do so).

4.9. You agree that you shall regularly change your password and in any event when we require.

4.10. You shall follow all instructions we give you about the registration and set-up process.

4.11. You shall provide us with all information, data and materials which we may request in connection with your use of the Site and the Services from time to time. You shall ensure that all such information, data and materials are accurate and complete.

4.12. You shall notify us promptly if you have any reason to suspect that another User is misusing the Platform in any way.

5. Introducing candidates and employers

5.1. After you have registered and created a profile on the Site, you will be advised of positions matched to you by the Site. We make no guarantee that a suitable position will be available.

5.2. If you express an interest in receiving further particulars of a position, the Employer will be given anonymised data about you to determine whether they wish to be Introduced to you.

5.3. If the Employer indicates an interest in being Introduced to you, you will then receive further information in relation to the position and you can determine whether you wish to apply for the position (by submitting your CV and/or portfolio, and/or attending interview).

5.4. Neither the Candidate nor the Employer is obliged to take forward the potential opportunity and may halt the process at any time.

5.5. Candidates and Employers are encouraged to provide basic feedback in the event that an opportunity is not pursued but shall be under no obligation to do so.

6. Successful engagements

6.1. You acknowledge and agree that once you accept an offer of employment and commence employment with the Employer, we will receive an engagement fee from the Employer (calculated with reference to your gross annual salary or calculated pro rata in the event of a fixed term contract).

6.2. You acknowledge and agree that the Employer is required to provide certain information to us in relation to the position including but not limited to the following:

6.2.1. that an offer of employment is or is not to be made to you;

6.2.2. whether an offer of employment is or is not accepted by you;

6.2.3. if you accept an offer of employment, information including your start date and salary;

6.2.4. if, for any reason, you do not commence the position;

6.2.5. if the position is terminated by you or by the Employer within 12 months of the start date.

6.3. Where you have accepted an offer of full-time employment for an indefinite term with the Employer, upon satisfactory completion of any applicable probation period with the Employer you will receive a signing bonus consisting of a £200 Amazon voucher from Tessellate (the “Signing Bonus”). Payment of the Signing Bonus will typically be made to you within 4 weeks of the Employer confirming to Tessellate your satisfactory completion of any applicable probation period. If for any reason the Employer does not consider the probation period to have been successfully completed, Tessellate shall be under no obligation to pay the Signing Bonus. The Signing Bonus is not applicable to fixed-term or part-time positions at this time.

6.4. Provided that you remain in the position for 12 months (and neither you nor your Employer has given notice to terminate that position), we shall contribute £200 of the engagement fee received from the Employer to help fund educational opportunities in the sector (to be awarded at our discretion), which we may publicise via the Site and in our marketing materials.

6.5. We may approach you for feedback on the Site and/or the Service.

7. Intellectual property

7.1. The Site and the Service are subject to copyright and/or other intellectual property rights that are owned by or licensed to us.

7.2. You shall not extract, copy, use or distribute any content on the Site save as expressly permitted by these Terms or with our prior written consent.

7.3. We reserve all rights in and in relation to the Service and the Site.

7.4. Unless we agree otherwise with you, we will only use your Candidate Data for the Permitted Purpose. As between you and us, you shall retain ownership of all your Candidate Data. You grant us a royalty-free, perpetual, irrevocable, assignable, sub-licensable, worldwide, non-exclusive right and licence to use, copy, modify, edit, adapt, translate, publish and distribute your Candidate Data to the extent necessary to achieve the Permitted Purpose. You warrant and represent to us on an ongoing basis that our use of your Candidate Data will not infringe the intellectual property rights of any third party.

7.5. We will not monitor or pre-screen any comments or material made or submitted by any User on any forum available on the Site, but we reserve the right in our absolute discretion to block access to, omit, remove, suspend or edit any material, information or data that you or any User transmits, posts or sends to us or the Site, temporarily or permanently, in whole or in part, which in our reasonable opinion may give rise to a breach of these Terms or to any liability for us or any third party.

7.6. The views and comments on contributions to the Site are those of the Users and do not reflect the views of us or any of our officers or employees. We shall not be responsible for any material, information or data submitted or supplied by you or other Users.

7.7. It is your responsibility to monitor any comments about you. If you are concerned that you have seen any comments which may infringe these Terms, it is your responsibility to report them to us, although we do not guarantee that we will remove or edit those comments.

7.8. You agree to only use the Site in accordance with our Website Terms and Conditions.

8. Confidentiality

8.1. Subject to clauses 8.2 and 8.3, each party ("Receiving Party") shall not at any time:

8.1.1. disclose to any person any Confidential Information which has been disclosed to it by the other party ("Disclosing Party"), its employees, agents, consultants or subcontractors; or

8.1.2. use the Disclosing Party's Confidential Information for any purpose other than for the purposes of these Terms.

8.2. The restrictions in this clause shall not apply to the extent that the Confidential Information:

8.2.1. is or becomes generally available to the public other than as a result of its disclosure by the Receiving Party in breach of these Terms;

8.2.2. was lawfully in the possession of, or available to, the Receiving Party on a non-confidential basis prior to disclosure by the Disclosing Party; or

8.2.3. was, is or becomes available to the Receiving Party on a non-confidential basis from a person who, to the Receiving Party's knowledge, is not prohibited from disclosing the information to the Receiving Party.

8.3. The Receiving Party may disclose the Disclosing Party's Confidential Information:

8.3.1. to its employees, officers, sub-contractors, representatives or advisers who need to know such information for the purposes of these Terms, provided that the Receiving Party ensures that such employees, officers, sub-contractors, representatives or advisers comply with this clause 8; or

8.3.2. to the extent required to be disclosed by any applicable law.

9. No warranty

9.1. We make no warranty, express or implied, in relation to the Content, suitability, reliability, availability, security or accuracy of the Site or the Service.

9.2. In particular, without limitation, no warranty is given that: (a) information on the Site is accurate, complete or up-to-date; (b) the Site or the Service will meet your requirements; (c) that the Site will be available on a permanent, uninterrupted, timely or secure basis or without errors; (d) that any defects or errors on the Site will be corrected.

9.3. The information we provide you about Employers and employment opportunities is provided to us by the Employers. Therefore, we shall not be liable to you for the accuracy or completeness of any such information.

9.4. We shall not be liable to you for the accuracy or completeness of any information which the Employer provides directly to you.

10. Limitation of liability

10.1. Nothing in these Terms limits or excludes our liability for: 10.1.1. death or personal injury caused by our negligence; 10.1.2. fraud; or 10.1.3. any other liability which cannot be excluded or limited by applicable law.

10.2. Subject to clause 10.1:

10.2.1. we shall not be liable whether in contract, tort (including negligence), breach of statutory duty or otherwise for any indirect or consequential loss arising under or in connection with these Terms; and

10.2.2. we shall not be liable whether in contract, tort (including negligence), breach of statutory duty or otherwise for any loss of actual or anticipated profits, loss of contracts, loss of anticipated savings, loss of revenue, loss of goodwill, loss of reputation, loss of business, loss of operation time or loss of opportunity (in each case whether such losses are direct, indirect or consequential) arising under or in connection with these Terms.

10.3. Subject to clause 10.1, we shall not be liable whether in contract, tort (including negligence), breach of statutory duty or otherwise for the following arising under or in connection with these Terms:

10.3.1. our failure to Introduce you to any Employers;

10.3.2. us Introducing you to any Employer; and

10.3.3. your Engagement by any Employer or third party. If you have any issues with the Employer or third party, your rights and remedies are against the Employer or third party direct, and not against us.

10.4. Subject to clauses 10.1, 10.2 and 10.3, our total aggregate liability to you whether in contract, tort (including negligence), breach of statutory duty or otherwise, arising under or in connection with these Terms, shall be limited to £2,000.

11. Indemnity

11.1. You will indemnify and hold harmless Tessellate, our directors, officers, employees, agents and service providers from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) suffered or incurred by us arising out of or in connection with:

11.2. Content uploaded to, or transmitted via, the Site by you;

11.2.1. Your use of the Site or the Service;

11.2.2. Your violation of any of these Terms;

11.2.3. Your violation of the rights of any third party.

11.2.4. Any claim made against Tessellate for actual or alleged infringement of a third party's Intellectual Property Rights arising out of or in connection with your use of the Site or the Services or your Content.

12. Termination

12.1. You may terminate your account at any time by unregistering from the Site and indicating that you wish to delete your profile.

12.2. We may terminate your account at any time, at our discretion, and we reserve the right to pursue any and all legal remedies available to us, including in the event of your breach of these Terms or if we are unable to verify your identity or your Content.

12.3. On termination of these Terms for any reason:

12.3.1. we shall deactivate your User Account so you can no longer access or use the Site or the Services; and

12.3.2. you shall not attempt to use or access the Services and/or the Site directly or indirectly under any other name or user.

12.4. We shall have no liability for any suspension or termination of your account, nor for the removal or deletion of your Content.

12.5. Clauses 7 (Intellectual Property Rights), Clause 10 (Limitation of Liability) and Clause 11 (Indemnity) shall survive termination of your account.

13. General

13.1. We may transfer our rights and obligations under these Terms to another organisation with notice in writing to you.

13.2. Nothing in these Terms shall be construed to create a joint venture, partnership or agency relationship between you and us and neither party shall have the right or authority to incur any liability debt or cost or enter into any contracts or other arrangements in the name of or on behalf of the other.

13.3. Except as expressly stated in these Terms, all warranties, conditions and other terms, whether express or implied, by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law.

13.4. We shall not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under these Terms that is caused by any act or event beyond our reasonable control.

13.5. Each provision of these Terms operates separately. If any court or relevant authority decides that any of them is unlawful or unenforceable, the remaining provisions will remain in full force and effect.

13.6. Notices to be given to either party shall be in writing and shall be delivered by mail, using the contact details we hold for you. Notices shall be deemed received 2 business days after sending.

13.7. No failure or delay by you or by us to exercise any right or remedy provided under these Terms or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy.

13.8. If any provision or part-provision of these Terms is or becomes invalid, illegal or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. Any modification to or deletion of a provision or part-provision under this clause shall not affect the validity and enforceability of the rest of these Terms.

13.9. No one other than you or us shall have any right to enforce any of these Terms.

13.10. These Terms are governed by the laws of England and Wales. The Courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with these Terms.