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PLATFORM TERMS & CONDITIONS

Terms and conditions

Last updated: October 2nd 2024

1. About our terms

  1. These terms and conditions of use (“Terms”) explain how you may use this Platform and any of its content (“Platform”). These Terms apply between Emerald Technology Consulting Group Limited, (“we”, “us” or “our”) and you, the person accessing or using the Platform (“you” or “your”).
  2. You should read these Terms carefully before using the Platform. By using the Platform or otherwise indicating your consent, you agree to be bound by these Terms. If you do not agree with any of these Terms, you should stop using the Platform immediately.

2. About us

  1. We, and our global subsidiaries, are Emerald Technology Consulting Group Limited, a company incorporated in accordance with the laws of England and Wales with company number  10718233 and whose registered office is situated at Somerset House, 37 Temple Street, Birmingham, West Midlands, United Kingdom, B2 5DP. Our VAT registration number is 748 211 045.
  2. If you have any questions about the Platform, please contact us by: 
    1. sending an email to platform@emerald-technology.com,
    2. filling out and submitting the online form available here, or
    3. calling us on +44 (0) 870 889 0300 (our telephone lines are open from 9:00am until 5:00pm excluding weekends and UK bank holidays).

3. Using the platform

  1. We have provided you with access to the Platform for one of three related reasons:
    1. you are a client of ours or wish to become a client, to whom we or a third party, provide or intend to provide employer of record services to you. We may provide some or all of those Services through the Platform and may require that you upload or provide certain documents or information to the Platform;
    2. you are a candidate for employment by us or by a third party. If you are offered employment, we may require that you correspond with us and/or them and /or our client through the Platform and/or that you upload or provider certain documents or information to the Platform; or
    3. you are our employee or the employee of a third party. If you are employed by us or a third party, we or that third party may require that you correspond with us and/or them and/or our client through the Platform and/or that you upload or provider certain documents or information to the Platform. 
  2. Please note that access to certain parts of the Platform may require that you enter into additional agreements with us, including but not limited to our Master Service Agreement (MSA).
  3. We make no promise that the Platform is appropriate or available for use in locations outside of the UK. If you choose to access the Platform from locations outside the UK, you acknowledge you do so at your own initiative and are responsible for compliance with local laws where they apply.
  4. We try to make the Platform as accessible as possible. If you have any difficulties using the Platform, please contact us using the contact details at the top of this page or use the our dedicated online form available here.
  5. As a condition of use of the Platform you agree not to use the Platform nor permit it to be used:
    1. if you are younger than the age of 18;
    2. for any purpose that is unlawful under any applicable law or prohibited by these terms or any agreement to which we and you are party;
    3. to commit any act of fraud including but not limited to submitting false or misleading information;
    4. to do anything that infringes or violates our intellectual property or the intellectual property of third parties;
    5. to distribute any means any virus, disabling code (including code intended to limit or prevent any use of any software or system) or other malicious software (including malware, trojan horses, ransomware and spyware);
    6. for purposes of promoting unsolicited advertising or sending spam;
    7. to simulate communications from the us, any other service, entity or person in order to collect identity information, authentication credentials, or other information (‘phishing’);
    8. in any manner that disrupts our operations, business, equipment, websites or systems or any other person or entity (including any denial of service and similar attacks);
    9. in any manner that harms or may endanger minors or any other person;
    10. in connection with any service, use or purpose where the failure of the Platform (or any part) may endanger the health or life of any person or cause damage or loss to any tangible property or the environment;
    11. to promote any unlawful, illegal, harmful, fraudulent, harmful, discriminatory or threatening activity which may be offensive or commits a negative impact on our image;
    12. to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
    13. to gain unauthorised access to or use of any computers, data, systems, accounts or networks of any person;
    14. in any manner which may impair any other person's use of the Platform or use of any other services provided by us to any other person;
    15. to attempt to circumvent any security controls or mechanisms;
    16. to attempt to circumvent any password or user authentication methods of any person;
    17. in any manner inconsistent with any agreement to which we and you are party or any instructions provided by us from time to time;
    18. or in any manner which does not comply with the provisions relating to intellectual property rights below and/or in any agreement to which we and you are party.
  6. We may prevent or suspend your access to the Platform if you do not comply with these Terms or any applicable law.
  7. You must notify us immediately if any unauthorised users access your account or breach security.  We will not be liable for any acts or omissions by you , including any damages whatsoever incurred as a result of such acts or omissions.
  8. Our Platform is used at your own risk and should not be a substitute of any legal, tax, accounting or other practical law advise.  Whilst we strive for accuracy, the information provided isn’t guaranteed to be correct, complete or up to date.  We recommend you seek external council or advise if you are unsure of any information seen on our Platform.

4. Registration and password security

  1. Use of the Platform may require registration, particularly in order to access restricted areas of the Platform.
  2. We are not obliged to permit anyone to register with the Platform and we may refuse, terminate or suspend registration to anyone at any time.
  3. You are responsible for making sure that your password and any other account details are kept secure and confidential.  Utilising the Platform, you are responsible for maintaining the security and any other actions taken in connection with it.
  4. If we have reason to believe there is likely to be a breach of security or misuse of the Platform through your account or the use of your password, we may notify you and require you to change your password, or we may suspend or terminate your account.
  5. Any personal information you provide to us as part of the registration process will be processed in accordance with our “Privacy Policy” available here.
  6. You are responsible for any data downloaded and is done so at your own risk.

5. Your privacy and personal information

  1. Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy available here, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities in the event you have a query or complaint about the use of your personal information.

6. Ownership, use and intellectual property rights

  1. The intellectual property rights in the Platform and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform (“Content”) are owned by us and our licensors, except where we have agreed otherwise with you, in writing.
  2. We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.
  3. Nothing in these Terms grants you any legal rights in the Platform or the Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.

7. Submitting information to the Platform

  1. While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.
  2. Other than any personal information which will be dealt with in accordance with our Privacy Policy, we do not provide any assurances as to whether information supplied to us through the Platform will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

8. Links and API’s

  1. To provide a best-in-class technology and platform, we may provide links and API (application programming interfaces) access to other websites and platforms.  We don’t imply approval or association nor do we warrant associates with such links or API’s. Usage of such websites and API’s are completed at your own risk, we recommend you read their terms and conditions.

9. Cookies

  1. We use ‘cookies’ to monitor the content and user activity on our platform, this enable us to provide our services as well as analytics to help us improve our platform.  Details of this information can be found in our Privacy Policy available here.

10. Accuracy of information and availability of the site

  1. We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.
  2. We may suspend or terminate access or operation of the Platform at any time as we see fit, subject to the terms of any written agreement between us and you.
  3. While we try to make sure that the Platform is available for your use, we do not promise that the Platform will be available at all times or that your use of the Platform will be uninterrupted.

11. Events beyond our control

  1. We are not liable to you if we fail to comply with these Terms because of circumstances beyond our reasonable control.

12. No third party rights

  1. No one other than us or you has any right to enforce any of these Terms.

13. Liability

  1. While we strive to enhance our services by integrating third-party systems into the Platform for the convenience of our clients and employees, we are not liable for any security breaches that may occur within these third-party systems.
  2. To the extent permitted by law, our aggregate liability for the use of our Platform is limited to the margin paid by you in the previous one month period prior to the first event or occurrence which arises to any liability.  This limitation also applies if this amount does not remedy or fully compensate you for any losses incurred.

14. Variation

  1. No changes to these Terms are valid or have any effect unless agreed by us in writing or made in accordance with this clause 12.
  2. We reserve the right to vary these Terms from time to time. Our updated Terms will always be accessible through this page and by continuing to use and access the Platform following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these Terms from time to time to verify such variations.

15. Complaints

  1. 13.1    We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with us, please contact us as soon as possible using the contact details set out at the top of this page.
  2. If a dispute cannot be resolved using our complaint handling procedure or you are unhappy with the outcome, you may want to use alternative dispute resolution (“ADR”). ADR is a process for resolving disputes between you and us that does not involve going to court.
  3. You can submit your dispute to platform@emerald-technology.com
  4. If you do not wish to use ADR or are unhappy with the outcome of ADR, you can still bring court proceedings.
  5. The laws of England and Wales apply to these Terms, although if you are resident elsewhere you will retain the benefit of any mandatory protections given to you by the laws of that country.
  6. Any disputes will be subject to the non-exclusive jurisdiction of the courts of England and Wales. This means that you can choose whether to bring a claim in the courts of England and Wales or in the courts of another part of the UK in which you live.