BY USING OUR APP, WEBSITE AND/OR SERVICES, YOU ACCEPT THESE TERMS AND AGREE TO COMPLY WITH THEM
- 1. INTRODUCTION
PART A – TERMS APPLICABLE TO ALL USERS
- 2. HOW TO ACCESS OUR SERVICES
- 3. CONTENT AND SERVICES ACCESSED BY YOU
- 4. CONTENT PROVIDED BY YOU
- 5. YOUR CONDUCT IN USING OUR APP, SITES AND SERVICES
- 6. LINKING TO OR FROM OUR SITES
- 7. CHARGES FOR SUBSCRIPTION SERVICES
- 8. MONITORING YOUR USE OF THE SITES AND SERVICES
- 9. CONSEQUENCES OF BREACHING THESE TERMS
- 10. TERMINATION OF YOUR ACCESS TO APP, SITES AND SERIVCES
- 11. CHANGES TO APP, SITE AND SERVICES
- 12. OUR LIABILITY TO YOU
- 13. GENERAL TERMS
PART B – ADDITIONAL TERMS APPLICABLE TO SPECIFIC USER
- 14. FUPPERS
- 15. SUPPLIERS
- 16. SERVICE PROVIDERS
- 17. AGENTS
- 18. ADVERTISERS
These are the terms of service which apply to your use of:
- the FUPP app, fupp.me website and services; and
- all other services related to FUPP Limited
They are referred to in these terms as the “App”, “Site” and the “Services”. The Services include the provision of information and materials, and tools to enable you to share information and materials, network and communicate with us and other users. The term “content” is used in these terms to refer to such information, materials and tools. The “industry” refers to the environment in which the candidates and service providers operate. This being live events, touring productions, festivals, TV, live entertainment, recording, corporate, arts and media.
The terms apply between you, the user (also referred to as ‘FUPPer’) of our App, Site and Services, and FUPP Limited, a company registered in England and Wales with company number 11257367 (also referred to as “we” or “us”).
If you use the App, Site or Service as an employee or representative of another legal entity, you accept these terms on behalf of yourself and the legal entity, and confirm that you have authority to do so.
PART A contains terms which apply to all users of our App, Site and Services.
PART B contains specific additional terms which apply to you if you are:
- a user, also know as ‘FUPPer’ (including any freelance, full-time or part-time professional who’s services relate to the technical, managerial, creative and performing aspects of the ‘industry” )
- a “SUPPLIER” , also known as service provider. These include hire companies, manufacturers, employers or agents or any service provider of the ‘industry”
- an advertiser of services or products
Please contact us if you have any queries about these terms or their effect. You can contact the FUPP admin team at firstname.lastname@example.org
These terms were last updated on [31.01.2020].
PART A – TERMS APPLICABLE TO ALL USERS
- HOW TO ACCESS OUR SERVICES
2.1. Types of users and access rights
- Visitors: Some information on the Site can be viewed by all visitors to our Site, without a registration.
- Registration and profiles: If you wish to access specific Services, including the “APP”, you must register and set up a profile. See Part B for terms relating to the different profiles.
- Subscriptions: Additional subscriptions are required to access to some Services and you may be required to make a payment (see clause 7 below). Details of how to subscribe to such a Service, any required payment, promotional period and any additional terms will appear on the relevant Site.
We aim to process applications for registration and subscriptions within two working days of receipt, but we do not guarantee access to the relevant App, Site or Service within any particular timescale. Any subscription period will commence when payment is received by us, or, for any free subscription period, when we grant you access to the relevant Service. We retain the right to refuse access to or use of our App, Site or Services to any person for any reason at our reasonable discretion.
You must meet certain criteria in order to access the App, Site and Services. These criteria will be specified on the relevant Site and/or App. In particular, the App, Site and Services are not intended for users of under 18 years of age, and such users are not permitted to register or subscribe. However, the parent, guardian or agent of a candidate under the age of 18 may use the App, Site and Services on behalf of that candidate (including registering and submitting a profile), provided that the parent, guardian or agent complies and procures that the candidate complies with these terms.
- CONTENT AND SERVICES ACCESSED BY YOU
3.1. Access to the App, Site and Services
You are responsible for making all arrangements and payments necessary for you to have access to our App, Site and Services, including internet connections, computer equipment and software. We are not responsible for:
- the availability of the internet or any communications network; nor
- any malfunctions, errors or other damage in or to connections, equipment or software that may occur in relation to your use of the App, Site or Services.
You should keep your passwords confidential; any use of the App, Site and Service using your login details, including email address and password (other than by our Site administrators) will be your responsibility.
3.2. Intended use of App, Site and Services
Our Services and content are provided for your information and convenience, and are not intended to be relied upon by you in taking any action or refraining from taking any action. Whilst we seek to ensure all users agree to these terms, we do not routinely check all content provided by users and third parties (eg profiles, job postings, advertisements and discussions in user forums) and cannot guarantee their accuracy or lawfulness.
- you should not rely on any content or Service being available, accurate or complete;
- you should not rely on our Services for storage or maintenance of your content or for important, sensitive or time-critical communications (eg using our messaging service); and
- inclusion of information, advertisements or other content relating to other users or third party services or products does not constitute any recommendation or endorsement by us of the relevant user, services or products.
You may wish to take your own steps to confirm information, back-up your content and ensure that communications reach their intended recipient promptly and securely.
- any communications, contracts or other arrangements between you and other users or third parties are your responsibility. Whilst our Services may facilitate such dealings, we are not responsible for them. This includes any arrangements for interviews, roles, jobs, payment and delivery of services;
- our Site may contain links to webSite provided by third parties. We do not control and are not responsible for the availability, accuracy or content of third party webSite; and
- we may transmit information about our Site and Services using third party services such as Twitter or Facebook. We are not responsible for the availability of any third party services.
You agree not to hold us liable for any loss or damage incurred as a result of:
- reliance on any content from or about other users or third parties, or about opportunities or services provided by them; nor
- any communications, contracts or dealings (or lack thereof) with other users or third parties.
3.3. Reporting unlawful content
You may report to us if any content or communication appears unlawful, inaccurate or otherwise inappropriate, or if you have a negative experience with any other user or third party in relation to our App, Site or Services. We may, at our absolute discretion, investigate the matter and take such steps as we consider appropriate in the circumstances.
3.4. Intellectual property and your use of our content
The contents of our App, Site and Services (including information, trade marks, directories, text, images, videos, sounds and underlying software) are protected by intellectual property rights of us and our licensors. We grant you a non-exclusive and revocable license to view and use such content for the purpose of enjoying the benefit of the Services.
You may not copy, modify, distribute or commercially exploit any content (other than content provided by you) in any form or in any media, except that you may retrieve and display content on your computer and print and/or store one copy of individual pages for your internal, personal use.
See also your obligations under clause 5.2 below.
- CONTENT PROVIDED BY YOU
4.1. Accuracy and lawfulness
The quality of the Services provided to you and other users depends on you providing accurate, complete and lawful content. You acknowledge and agree that you:
- have provided and will provide accurate and complete content in your registration and profile(s) (and otherwise using our App, Site or Services) and will keep your content updated as appropriate; and
- have obtained and will obtain all rights, licences and approvals required in any country for the use (by you, us and our other users) of any content you provide in relation to the Site and the Services.
See also your obligations under clause 5.3 below.
4.2. Intellectual property and our use of content
You agree that we may use the content which you provide, and, where relevant, trade marks relating to your trade or business, for the purposes of operating and maintaining the App, Site and the Services. You acknowledge that your content may be published and made available to other users of our App, Site and Services, and modified to make it suitable for our App and Site. We may also use your content for the purposes set out in clause 8 below.
You grant and agree to grant us a perpetual and irrevocable worldwide licence to use your content for these purposes (including the right to sub-license to our service providers, and to other users in accordance with clause 3.4 above).
Whilst we seek to ensure all users agree to these terms, we are not responsible for the use or misuse of your content by other users or third parties and you agree not to hold us liable for any loss or damage incurred as a result of such use or misuse. We shall, however, at your expense, reasonably cooperate with you in enforcing our contractual terms against other users who have infringed your rights.
Please also see:
- PART B below in relation to the use of specific user content; and
4.3. Further information we may need
Whilst we do not routinely check or monitor all content provided by users (see clause 3.2 above), we may do so at our discretion, for the purposes outlined at clause 8 below. Upon request, you will provide us with evidence that you are complying with the above requirements, including:
- evidence of your ownership of and/or rights to intellectual property subsisting in relation to content;
- evidence of your rights to use any personal data or information relating to third parties; and
- details of any relevant licensors, licences and approvals.
You also agree to provide us with required details so that we can credit the author/creator of any image, sound, video or other content.
You warrant that by using the Services, you shall not infringe the rights, including any intellectual property rights of any third party. You shall indemnify us in full against all costs, expenses, damages and losses, including any interest, fines, legal and other professional fees and expenses awarded against or incurred or paid by us as a result of or in connection with any claim brought against us, our agents, subcontractors or consultants for actual or alleged infringement of a third party’s intellectual property rights arising out of or in connection with your receipt or use of the subscription Services.
- YOUR CONDUCT IN USING OUR APP, SITES AND SERVICES
5.1. Restrictions on commercial use
- You must use the App, Site and the Services only for purposes consistent with your registration, profile(s) and subscriptions.
- Unless you register and create a profile with us as a service provider or subscribe for our advertising Service (and pay the applicable fees) (see PART B below), you may not use the App, Site or any Service (including any email or communication service) to advertise, solicit or promote any products or services.
5.2 Liquidated Damages
If you breach any of the obligations listed at 5.1 above, you shall pay us, as liquidated damages, £200 in respect of each breach. This sum represents any advertising fee, wasted time and loss of custom or reputation arising as a result of your breach and is reasonable and proportionate to protect our legitimate interest in delivering the Services.
5.3. Prohibition on unlawful use of content
You may not make any unlawful or unauthorized use of any content, including:
- distributing to third parties any production, event or artist information obtained on a Site;
- without prejudice to clause 3.4 above, unauthorized copying or use of content protected by intellectual property rights;
- unauthorized distribution or disclosure of confidential, personal or sensitive information (including user profiles);
- use of any content (other than content provided by you) in any manner which may compete with our business; and
- other unauthorized reproduction or use of content for commercial purposes.
5.4. Prohibition on providing unlawful content
You may not upload, provide or transmit any unlawful, unauthorized or offensive content, including:
- content which
- is discriminatory, defamatory, derogatory, indecent, obscene, threatening or abusive;
- promotes explicit material, violence or discrimination;
- infringes any copyright, database right or trademark of any other person;
- is deceptive;
- promotes illegal activity; or
- impersonates any person or misrepresents your identity or affiliation with any person
- unauthorized marketing materials or communications;
- content containing personal political or religious views;
- content whose publication or use on the App, Site or in relation to the Services would be in breach of copyright or other intellectual property rights, data protection or confidentiality obligations or any rights of privacy; and
- inaccurate content about yourself or another party.
5.5. Prohibition on other unlawful acts
In using our App, Site and Services, you must comply with all applicable laws. You may not make any unlawful or unauthorized use of our or our service providers’ computers, networks, communications systems, or other equipment or software, including:
- attempting to gain unauthorized access;
- introducing or attempting to introduce any computer virus or other malware or cause any “denial of service” attack;
- modifying, reverse engineering or de-compiling any part of the underlying software for the Site;
- stalking, harassing or threatening any person;
- sending unlawful, unauthorized or offensive communications (including spam, identical bulk emails, unauthorized marketing communications or any content in breach of clause 4 above);
- contacting other users for reasons unrelated to or inappropriate for the Site or Service;
- otherwise restricting or inhibiting any other user from using and enjoying any Site or Service; and
- misrepresenting yourself or another party or the activities of you or another party, or committing or assisting others to commit any criminal or fraudulent act.
- LINKING TO OR FROM OUR SITE
- include links to our Site on your website or other materials; and/or
- include links to your website within your profile(s) on our Site,
provided you do so in a way that is fair and lawful and does not damage our reputation or take unfair advantage of it. You must not establish a link in such a way as to suggest any form of association, recommendation or endorsement by us where none exists.
- CHARGES FOR SUBSCRIPTION SERVICES
You may be required to pay charges in order to receive certain subscription Services. Details of applicable charges are on the Site relating to the relevant Services (or can be provided to you by us upon request). Unless otherwise agreed by us, payments must be made by credit or debit card in the currency specified by us. You are responsible for all charges associated with your use of Services using your login details (including email address and password).
You must pay any applicable taxes (including value added tax) in addition to any service fee for the relevant Services. If you do not make any payment to us by the due date, we may charge interest on the overdue amount at the rate of % a year above the Bank of England’s base rate from time to time. This interest shall accrue on a daily basis from the due date until the date of actual payment of the overdue amount. You must pay us interest together with any overdue amount. We may suspend all or part of the Services until payment has been made in full.
Any subscription period will commence when payment is received by us (or, for any free subscription period, when we grant you access to the relevant Service).
Where you make regular payments to us for a Service (eg annually or monthly), your obligation to pay will continue unless and until you explicitly notify us by email or in writing that you are terminating such Service in accordance with clause 10.
- MONITORING YOUR USE OF THE APP, SITE AND SERVICES
- CONSEQUENCES OF BREACHING THESE TERMS
If you breach or we reasonably suspect that you are in breach of any of your obligations under these terms, we may immediately and without notice suspend your access to and use of the App, Site and Services, or any part of the App, Site and Services or content and/or (without prejudice to clause 11) remove any of your content. We may also terminate your access to the App, Site and Services in accordance with clause 10 below. You will not be entitled to any compensation for any period of suspension other than in accordance with our refunds policy.
You agree to indemnify us and our representatives against all claims, loss or damage that we or they may incur as a result of a breach by you of your obligations under these terms, including any claims, losses or damage arising from inaccurate or unlawful content which you upload, provide or transmit.
- TERMINATION OF YOUR ACCESS TO APP, SITE AND SERVICES
10.1. Your and our rights to terminate
Without affecting any other right or remedy available to us, you may terminate your use of any Site and Services and request removal of your profile(s) at any time. As a registered user or a subscriber to any Service, you should give notice to us by email or in writing at least 1 month in advance of your proposed date for such termination and removal. This is to allow us time to remove your profile from the relevant Site and disable your access rights and login details as required (although we shall use reasonable endeavours to do so sooner, if requested). Any such notice will take effect when received by us.
Without affecting any right or remedy available to you, we may withdraw any App, Site or Service or terminate your access to and use of any App, Site or Service at any time and for any reason at our reasonable discretion. If you are a registered user and/or subscriber to any Service, and unless such termination is due to your material or persistent breach of these terms or failure to pay for the relevant Services, we will use reasonable endeavours to give notice to you of any such termination.
10.2. Consequences of termination
If you have made advance payments to us for any Service relating to any period after the date of termination, and unless such termination is due to your material or persistent breach of these terms, you may be entitled to a refund in accordance with our refunds policy. You will not be entitled to any other compensation for any such termination.
Following termination of your access to or use of any Site and Services for any reason, we may remove your profile(s) from the Site (if not already removed) and disable your login details, including username(s) and passwords. We may however retain your profile and other personal details on our internal systems for record keeping purposes. Please see our privacy notice for further details. Other content you have provided may also remain on our Site.
All provisions of these terms which by their nature are intended to continue shall survive termination, including terms relating to exclusions and limitations of liability, intellectual property and on-going use of your content.
Termination of your access to the Site or Services or of these terms shall not affect accrued rights, remedies, obligations or and liabilities of you or us up to the date of termination, including our rights to payments due from you.
- CHANGES TO APPS, SITES, SERVICES AND THESE TERMS
We may, at any time and at our absolute discretion, make temporary or permanent changes, additions or deletions (together, “changes”) to or from:
- the App, Site and the Services (including to your or other content); and/or
- these terms.
We shall use reasonable endeavors to notify our registered users and subscribers of material changes. It is also your responsibility refer to these terms on a regular basis.
By continuing to use the App, Site and/or the Services after such changes, you agree to such changes. If you are not happy with any changes, you may terminate your use of the App, Site and Services in accordance with clause 10.
The App, Site and the Services (and any content) may be unavailable for occasional periods for repair, maintenance or upgrading, or interruptions in the network or communications services provided to us. Where possible, we will try and give you reasonable notice of any anticipated period of unavailability.
You agree not to hold us liable for any loss or damage caused by such occasional periods of unavailability.
- OUR LIABILITY TO YOU
- Nothing in these terms shall limit or exclude our liability for:
- death or personal injury caused by our negligence;
- fraud or fraudulent misrepresentation; or
- breach of the terms implied by section 2 of the Supply of Goods and Services Act 1982 (title and quiet possession) or any other liability which cannot be limited or excluded by applicable law.
- Subject to the above, we shall not be liable to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms for:
- loss of profits;
- loss of sales or business;
- loss of agreements or contracts;
- loss of anticipated savings;
- loss of or damage to goodwill;
- loss of use or corruption of software, data or information; or
- any indirect or consequential loss.
- If you are a subscription customer, subject to the above, our total liability to you, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these terms shall be limited to 100% of the subscription fee paid by you under these terms in the 12 month period immediately preceding the date the liability arose.
- The terms implied by sections 3 and 5 of the Supply of Goods and Services Act 1982 are, to the fullest extent permitted by law, excluded from these terms.
- GENERAL TERMS
Governing Law and Jurisdiction.
These terms and any dispute or claim arising out of or in connection with them are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction to hear any disputes arising from them.
We shall not be in breach of these terms, nor liable for any delay in performing or failing to perform the Services or any of our obligations under these terms if such delay or failure results from events, circumstances or causes beyond our reasonable control.
The headings in these terms are for ease of reference only.
Unless the context requires otherwise, in these terms and our privacy notice, the term “including” shall be interpreted to mean “including but not limited to”.
The provision of the Services shall not create any relationship of agent and principal between you and us and neither you nor we
have any authority or power to bind or to contract in the name of the other party.
Third Party Rights
Unless it expressly states otherwise, no provision of these terms shall give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the contract.
- A waiver of any right or remedy under these terms or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy. A failure or delay by a party to exercise any right or remedy provided under these terms or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these terms or by law shall prevent or restrict the further exercise of that or any other right or remedy.
You may not transfer, assign or sub-contract your rights or obligations under these terms to any third party without our prior written consent.
We may, without your consent:
- sub-contract any of our obligations under this agreement to any third party; and
- upon providing written notice to you (if you are a registered user or subscriber) or without notice to you (if you are a visitor), transfer or assign all or any of our rights and/or obligations under these terms to any third party.
If any provision or part-provision of these terms is found by any court or legal authority to be invalid, unenforceable or illegal, the other provisions shall remain in force and, to the extent possible, the provision shall be modified to the minimum extent necessary to ensure it is valid, enforceable and legal, whilst maintaining or giving effect to its commercial intention. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification or deletion shall not affect the validity and enforceability of the rest of these terms.
These terms, including any additional provisions incorporated by reference, constitute the entire agreement between you and us with respect to your access to and use of the App, Site and Services and supersede all prior agreements, negotiations and discussions between you and us relating to the subject matter.
Neither you nor we shall have any remedies in respect of any statement, representation or assurance that is not set out in these terms, nor any claim for innocent or negligent misrepresentation based on any statement in these terms.
PART B – ADDITIONAL TERMS APPLICABLE TO SPECIFIC USERS
Pursuant to clause 7 of these terms, certain of the subscription Services are accessible only through our paid subscription Services. Where stated on our Site, you may have to pay for use of these Services. The applicable charges for paid Services for each type of user will be clearly set out on our Site before you are required to make any payment. Further details of payment obligations will be set out on our Site and should be read in conjunction with these terms.
14.1. No guarantee of jobs
Without prejudice to clause 3.2, you acknowledge that the decision to offer you jobs or appointments rest with the job posters and the availability of such jobs is affected by the state of the industry as a whole. We cannot guarantee you work nor that employers who view your profile will contact you.
It is your responsibility to ensure that any job or appointment offered by employers is acceptable to you. We are unable to verify or provide any assurance relating to the nature or duration of, or payment for any such job or appointment.
14.2. Paid Services – cooling-off period
FUPP is a membership based subscription service. Downloading and registering the App is free. Subsequently to registration approval, you may be prompted to sign up to our membership premium package. You will receive notification for this entitlement. There may be an initial promotional period in which the membership is free for an agreed amount of time. After which, you will be required to sign up to our premium service. You may also be prompted to do this before the promotional period.
At the time of entering the premium stage of the membership, payment must be made at the time your membership begins. Our premium Service can be paid for in monthly instalments or by an annual fee.
You may cancel your premium subscription Service at any time in accordance with clause 10. If you cancel within 14 days of upgrading and have not actively used the service; for example not applied for jobs or contacted any employers or sent emails within that 14 day period, you shall be entitled to receive a full refund.
If you have actively used the service for example applied for jobs or contacted any employers or sent emails within that 14 day period and wish to cancel your premium subscription Service within that 14 days:
- where you have signed up to pay monthly, you will not be entitled to a full refund; and
- where you have signed up to pay an annual fee, you will be entitled to a refund equivalent to 11/12 of such annual fee.
Job suppliers including other freelancers, agents, companies, service providers and other entities which provide work opportunities, must ensure that their job postings and other content, and the terms of the job or role to which any posting relates, comply with all applicable laws, including those relating to minimum payments, non-discrimination, tax and employment.
It remains the responsibility of the Supplier to ensure that candidates found through mandy.com have the licences necessary for completing work, and that DBS checks are conducted where necessary.
Without prejudice to clauses 4.2, 9 and 11, we may edit any job posting which you submit to make it appropriate for the relevant Site.
Suppliers may not use their employer profile or Services aimed at suppliers (including any job posting, email, messaging or communication service) to advertise, solicit or promote any products or services. We may charge you a fee of 200 GBP for each breach of this requirement – see clause 5.1 above.
- SERVICE PROVIDERS
Our Site give you the opportunity to register as a service provider and to offer your services to candidates. You may only use such facility to offer services which are relevant to our Site and Services Please be aware that some candidates may choose not to receive contact from service providers.
FUPP deals with individual freelancers and suppliers, however the use of an agent or agency to act on behalf of a registered FUPPer to use our Services should contact the FUPP admin team immediately for approval. Failure to do so may result in the disqualification of membership at the discretion of the FUPP admin team. If you use the Site or Services as an agent for candidates, it is your duty to inform such candidates of the scope of the Services, and the relevant requirements and restrictions as set out in these terms (for example, those set out in clause 14 above).
In order to advertise on our Site or App, you may contact the FUPP admin team and there may be payment for such services. For further details of how to apply, and where and when your advertisement may be displayed, please contact the FUPP admin team.
It is your responsibility to ensure any advertisement you submit to our Site and App complies with all applicable legal requirements, advertising standards and codes of practice. In addition, you may not submit advertisements for services or products which may compete with our Services. Without prejudice to clauses 9 and 11, we may refuse to publish or remove any advert we reasonably consider to be in breach of these terms.