Cool People Clever Companies

User Agreement

This document sets out the User Agreement on which Coolever Limited (Company No. 10797694) of The 6 & 7 Trim Street, Bath, England, BA1 1HB (“Coolever”) provides customers with access to certain human resources management and HR SaaS services through the www.coolever.life website (“Website”).

You agree that by clicking “Join Coolever”, “Get Started”, “Sign Up” or similar, registering, accessing or using our Plans, you are agreeing to enter into a legally binding contract with Coolever. If you do not agree to this contract, do not click “Join Coolever” and do not access or otherwise use any of our Plans. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Plans.

These Contract govern your access to and use of our websites and emails (“Coolever”). These Contract also include our Cookie and Privacy Policy. By accessing and using Coolever, you agree to comply with these Contract.

You may not use Coolever if you do not agree to the version of the Contract posted on Coolever at the time you access Coolever. You are entering into this Contract with Coolever (also referred to as “we” and “us”).

If you do not accept these Contract, you will not be able to use the Website and the Services. You are advised to print and retain a copy of these Contract for future reference. These Contract may be subject to change from time to time and accordingly you are advised to refer back to these Contract from time to time and before making use of the Website and Services.

Introduction

The Website and Services

The Website is owned and managed by Coolever Limited (Company No. 10797694) a company incorporated in England and Wales and whose registered office address is The Guild Hub, High Street, Bath, England, BA1 5EB. Coolever Limited is the parent company of HR SaaS and Human Resources Management.

Members and Visitors

When you register and join the Coolever you become a “Company” or a “Professional”. If you have chosen not to register for our Plans, you may access certain features as a “Visitor.”

Change

We may modify this Contract, our Privacy Policy and our Cookies Policies from time to time. If we make material changes to it, we will provide you notice through our Plans, or by other means, to provide you the opportunity to review the changes before they become effective. We agree that changes cannot be retroactive. If you object to any changes, you may close your account. Your continued use of our Plans after we publish or send a notice about our changes to these contract means that you are consenting to the updated Contract.

Data protection & privacy policy

1. The Company, Professional and The Coolever shall comply with all applicable data protection and privacy laws and regulations in the performance of its obligations set out under these Contract, including the EU General Data Protection Regulation 2016/679 (“GDPR”) (“Data Protection Laws”), in each case including all other successor legislation and regulation thereto.

2. The Coolever processes personal data (as such term is defined in the Data Protection Laws) which it collects as a data controller (as the term is defined in the Data Protection Laws) in the course of providing the Services.

3. Where data is processed by Coolever as a data controller, such processing is carried out in accordance with Coolever’s Privacy and Cookies Policy. In respect of Professional data, such processing is carried out in accordance with Coolever’s Privacy Policy.

4. The Company shall include words substantially similar toCoolever Privacy Policy, as well as all other provisions required for such Privacy Policy to comply with the Data Protection Laws.

5. The Company and Professional may delete or request in writing the deletion or return of all personal data on termination of the Plans or at any time following termination of the Plans. Where the Company and Professional have not deleted the personal data prior to the termination of the Services, Coolever may delete all personal data at any time after 90 days following the date of termination of the Plans unless the otherwise required by applicable law.

6. Company acknowledges and accepts that Professionals shall also have the right to withdraw their consent to the use of their personal data or information at any time and may request that Coolever permanently delete all information and data held about that Professional from Coolever’s systems. In the event that a Professional exercises its rights, Coolever shall notify the Company and the Company shall promptly and permanently delete all information and data held about that Professional from Coolever’s systems. In the event that the Company has not done so within a reasonable time, and has not notified Coolever of any requirement of the Company for Coolever to retain the personal data, Coolever reserves the right to remove such personal data and shall not be liable in any way for any loss or damage suffered by Company arising from such Professional exercising their rights.

7. Company shall ensure that its collection and use of any personal data, accessed through the Website or the Plans, complies with the Data Protection Laws. The Company hereby indemnifies Coolever against all losses, liabilities, costs and expenses (including but not limited to legal costs) arising from or incurred by reason of the Company’s failure to comply.

8. Coolever warrants that all security measures referred to in sub-clause above will reflect the level of damage that might be suffered by, and any harm which might result to, the persons who are the subjects of the Individual Information as a result of unauthorised access or disclosure.

9. From the GDPR Date, taking into account the nature of the processing, we shall implement and maintain technical and organisational measures to assist you insofar as is possible in the fulfilment of your obligations to respond to Data Subject Requests relating to personal data processed by us for which you are the data controller.

10. The Coolever shall ensure that all processing of Individual Information that is carried out by us shall at all times be carried out in accordance with the Data Protection Laws and that we will otherwise conduct ourselves in accordance with the Data Protection Laws and for the purposes of this clause “processing” shall be interpreted in accordance with the Data Protection Laws.

11. The types of personal data to be processed under this Agreement shall be the types of data provided by you to us.

12. In respect of any Personal Data Breach involving the personal data which we process as a data processor on your behalf we shall, without undue delay:

1. 1. notify you of the Personal Data Breach; and
   2. Provide you with details of the Personal Data Breach.

13. You shall comply with the Data Protection Laws in connection with:

1. 1. the processing of personal data;
   2. the Facility; and
   3. the exercise and performance of your rights and obligations under these Contract, including maintaining all relevant regulatory registrations and notifications as required under the Data Protection Laws.

14. You warrant, represent and undertake, that:

1. 1. all data sourced by you for use in connection with the Facility shall comply in all respects, including in Contract of its collection, storage and processing (which shall include you providing all of the required fair processing information to, and obtaining all necessary consents from, data subjects), with Data Protection Laws;
   2. All instructions given by you to us in respect of personal data shall at all times be in accordance with the Data Protection Laws.

15. We do not transfer data to any third parties, however third parties may process personal data on our behalf when we engage them to provide certain services, as further described in clause.

16. We shall maintain complete and accurate records and information to demonstrate our compliance with this clause and allow for audits by you or your designated auditors.

17. On termination of this Agreement we shall without delay, at your written request, securely delete and/or securely return all the personal data unless required by applicable law to store the Personal Data.

18. Each party shall indemnify and keep indemnified the other party in respect of all Data Protection Losses suffered or incurred by, awarded against or agreed to be paid by, the indemnified party arising from or in connection with any non-compliance by the indemnifying party with:

1. 1. A. the Data Protection Laws; or
   2. these Contract

Your Coolever Account

1. In order for you to create a Coolever account, we require that you provide a valid email address. The email you use must be one where we can reach you. In the event we cannot correspond with you via this email address, your submitted content may be rejected and your account may be disabled.

2. Once you have set up a password, you will be given access to your profile and other private areas of your account. You are entirely responsible for maintaining the confidentiality of your password. You agree to notify us immediately if you suspect any unauthorised use of your account or access to your password. You are solely responsible for any and all use of your account. Passwords are subject to cancellation or suspension by Coolever at any time. When you set up an individual user account on Coolever, we create a member profile (a “My Profile”) for you that will include personal information you provide. We will update your Profile with information we extract from resumes you upload on Coolever.

3. You may permit us to share information in your Profile with prospective Companies.

4. As between you and others, your account belongs to you. However, if the Plans were purchased by another party for you to use the party paying for such Plan has the right to control access to and get reports on your use of such paid Plan; however, they do not have rights to your personal account.

Obligations

1. The Plans are not for use by anyone under the age of 16.

2. You may not use Coolever if we have terminated your account or banned you.

To use the Plans, you agree that:

1. you must be at least 16 years of age or, if older, the age of majority in your jurisdiction, otherwise you may not use Coolever.

2. you will only have one Coolever account, which must be in your real name;

3. Creating an account with false information is a violation of our Contract, including accounts registered on behalf of others or persons under the age of 16.

You agree that you will:

4. comply with any reasonable instructions or directions issued by us from time to time in respect of the Coolever;

5. conform to such protocols and standards as are issued by us from time to time in respect of the access and/or use of the Coolever;

6. fully indemnify us against any and all claims, costs and expenses which we may incur resulting from your acts or omissions in respect of the Coolever and your use of it and/or your breach of any of your obligations under these Contract; and

7. when using the Coolever comply with all applicable laws and legislation (including but not limited to matters arising under the Data Protection Laws).

You agree that you will not:

8. At any time use the Plans and/or the Website with the purpose of impersonating another company or professional

9. Create user accounts under false or fraudulent pretences; create or use an account for anyone other than yourself; or create multiple active user accounts to post multiple reviews for the same company

10. invade or violate any third party’s right to privacy;

11. Promote or further illegal activities;

12. Display pornographic or sexually explicit material;

13. Disclose information in violation of any legally enforceable confidentiality or other contractual restrictions or rights of any third party, including any current or former company or potential professional;

14. Violate the privacy, publicity, copyright, patent, trademark, trade secret, or other intellectual property or proprietary rights of any third-party;

15. promote racism, bigotry, hatred or physical harm of any kind against any group or individual;

16. Except as expressly approved by us, use Coolever for commercial activities and/or promotions such as contests, sweepstakes, barter, advertising, affiliate links, and other forms of solicitation;

17. Imply a Coolever endorsement or partnership of any kind without our express written permission;

18. Send messages in violation of the any applicable anti-spam law;

19. Access Coolever so as to produce multiple accounts, generate automated messages, or to scrape, strip or mine data from Coolever without our express written permission

20. Copy, modify or create derivative works of Coolever without our express written permission;

21. Copy or use the information, or data on Coolever in connection with a competitive service, as determined by Coolever;

22. use the information made available to the Company through its use of the Plans and/or the Website for any purpose other than in connection with the recruitment,

23. Interfere with, disrupt, modify, reverse engineer, or decompile any data or functionality of Coolever;

24. Interfere with, disrupt, or create an undue burden on Coolever or the networks or services connected to Coolever;

25. do anything whatsoever which shall or is likely to interfere with, damage, or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.

26. Create computer viruses or implement any form of software or scripts onto the Website that have the appearance of coming from a company or professional

27. register the same Company more than once for the purpose of circumventing Company limitations which have been created by the Website such as the number of Adverts the Company is permitted to create

28. publish Adverts with the aim of harvesting Professionals for any reason other than legitimate employment

29. publish Adverts that direct Professionals to apply through means that are not supported by Coolever and the Website;

30. request payments from Professionals;

31. transmit “junk mail”, or unsolicited mass mailing, messaging or “spamming”

32. Coolever takes breaches of the Contract, and in particular, this clause, very seriously and therefore reserves the right to take any action that Coolever deems necessary. This can include, without limitation, suspension or termination of the Company’s use of the Plans and/or access to the Website. In certain circumstances Coolever may choose to instigate legal proceedings as appropriate if there is any illegal use of the Plans and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Company shall promptly notify Coolever if it is aware of any or any suspected breaches of this clause

Your Rights

Under The EU General Data Protection Regulation on 25 May 2018, you have the right to find out what information the Coolever about you.

1. The right to be informed

2. The right of access

3. The right to rectification

4. The right to erasure

5. The right to restrict processing

6. The right to data portability

7. The right to object

8. Rights in relation to automated decision making and profiling.

Payment

1. The pricing to access the Website and Services are as set out on the Website (“Pricing”)

2. The Pricing may be based on

1. 1. The number of Adverts the Company is permitted to create in its use of the Plans
   2. Any additional services that Company may request or take advantage of from time to time. The Company may only access the Plans by paying the Pricing.
   3. Unless stated otherwise on the Website or agreed by Coolever in writing, the Pricing shall be payable by the Company in the beginning of each subscription term, in the manner as set out on the Website.

3. All Pricing are exclusive of VAT and all other taxes or duties, and are non-refundable for any reason, other than in accordance.

Termination

1. The Company may terminate the provision of the Plans at any time by cancelling their subscription on the Website.

2. The Company may terminate the Contract on the provision of written notice to Coolever.

3. Coolever shall not terminate the Contract less than 90 days after termination of the Plans. Thereafter Coolever may terminate the Contract at any time, without providing notice to the Company

4. Coolever shall be entitled to suspend and/or terminate the Company’s and Professional’s access and use of the Website and/or all or part of the Plans.

5. in the event of termination by Coolever that is not due to any breach by the Company, Coolever shall refund to the Company all pricing paid in advance for Plans not provided by Coolever;

6. Pricing paid in advance by the Companies are non-refundable.

Intellectual property rights

1. Coolever and its licensors own all intellectual property rights relating to the Plans, Contents and the Website, including but not limited to all software forming part of the Website (“HR SaaS”). Those works are protected by copyright laws and treaties around the world.

2. Nothing in these Contract will serve to transfer from Coolever to the Company any of the HR SaaS or Website, and all right, title and interest in and to the HR SaaS, Content and the Website will remain exclusively with Coolever and/or Coolever’s licensors. All rights in and to the HR SaaS, Content and the Website not expressly granted to the Companies are reserved by Coolever and the relevant third party licensors.

3. The Company and Professional may print off one copy and may download extracts of any pages from the Website solely for use by the Company and Professional,The Company and Professional may draw the attention of other users to Contents or materials posted on the Website. The Company and Professional must not use any part of the submissions of other users and all materials on the Website for any purpose other than accessing the Website or obtaining a benefit from the Plans in accordance with these Contract.

4. The Company and Professional shall not,

1. 1. Modify, translate, create or attempt to create derivative copies of or copy the HR SaaS, Content or the Website in whole or in part;
   2. Reverse engineer, decompile, disassemble or otherwise reduce the object code of the HR SaaS, Content or the Website to source code form;
   3. Sub-license, distribute, share, sell, rent, grant a security interest in or otherwise transfer the HR SaaS, Content or the Website or the Companies and Professionals right to use the HR SaaS, Content or the Website.

5. The Company warrants that the Company owns or has the right or licence to use the intellectual property rights in the Company Information, the Adverts and all information and materials provided by the Company to Coolever.

General

1. These Contract shall be governed by and construed in accordance with English law and shall be subject to the exclusive jurisdiction of English courts.

2. The Coolever reserves the right to modify these Contract at any time. Any changes Coolever may make to this document in the future will be notified and made available to the Company and Professional using the HR SaaS.

3. If any of these Contract are determined by any competent authority to be invalid, unlawful or unenforceable to any extent, condition or provision will to that extent, be severed from the remaining contracts, conditions and provisions which shall continue to be valid to the fullest extent permitted by law.

4. All notification and communication to Coolever should be sent to the contact details made available to the Company on the HR SaaS.