This user agreement (the “User Agreement”) governs the relationship between Ework Group AB, reg. no 556587-8708, and all of its affiliates (“Ework”) and users of the websites, platforms and tools provided by Ework for matching consultants with assignments and projects, (the “Service”).
A “User” is defined as a person who is registered for use of the Service and by Ework has been granted a username and password which provides the User with access to the Service.
Users may join the Service by registering through one of Ework’s country specific websites. It is a prerequisite for registration that a potential User provides correct and accurate registration information and accepts the User Agreement. The User Agreement enters into effect between the User and Ework when the User registers for the Service and will thereafter remain in effect until further notice.
4 The User’s obligations
4.1 The User’s responsibilities for personal data and consent to processing of personal data
The Service is based on a database where information about consultants and assignments and projects is processed and matched. By registering for and by using the Service the User provides Ework with information related to the identity of User, or any consultant or other relevant individual registered in the Service by the User (jointly the “Administered Individuals”), i.e. personal data.
Ework processes personal data in order to provide and administer the Service. Personal data may further be used for the purpose of analyzing and developing the Service and for statistical purposes. Ework may in addition thereto, as set forth in section 7 below, furnish information to law enforcement authorities. In the event that express consent has been provided, or should Ework due to other grounds have the right thereto, the provided information may moreover be processed for marketing purposes or for offers of a general or targeted nature. The Administered Individuals are always entitled to withdraw consent to direct marketing, including receiving offers by means of electronic communication.
The User is responsible for all information provided in conjunction with use of the Service being correct and accurate. Ework only act as data processor of the data The User provides and handle all such data accordingly to English Data Protection Regulations. Ework is not entitled to use the data for any other purposes than is stated in this agreement, unless the User and Ework agrees otherwise.
In order to provide and administer the Service, Ework may need to process and publish information related to the Administered Individuals online and transfer such information between the Ework entities and to third parties.
Each Administered Individual has the right, free of charge once per year, to request and receive information about Ework’s processing of personal data related to the relevant Administered Individual. Each Administered Individual may further request rectification and deletion of the said data. Such a request shall be made in writing to Ework’s service center. Contact details to the service center are provided in the Service.
The User is responsible for ensuring that it is entitled to provide Ework with information about the Administered Individuals registered by the User, that such Administered Individuals has been informed about and consented to Ework’s processing of personal data in accordance with the User Agreement, and further to inform the said Administered Individuals of their right to request information, rectification and deletion of data in accordance with the above.
4.2 Responsibility for information etc.
The User is liable for information provided by the User. The User undertakes not to publish in the Service any information violating third party rights or information contrary to law, statute, authority instruction, fair use or practice or that threatens to cause offense or may cause damage or other inconvenience for Ework or any third party. Communications and published material shall be relevant for its context.
Ework reserves itself the right, but not the obligation, to review the User’s activities in the Service and information and material provided by the User within the Service. Ework shall in its own discretion be entitled to remove any information or material violating the terms of the User Agreement. If the data have not been removed by The User or Ework, Ework reserves the right to save the data as long as it is relevant for the service provided.
4.3 Username and Password
The User shall immediately notify Ework should the User suspect that the User’s login credentials are subject to unauthorized use. The User is obliged to ensure that the User’s login credentials are used with care, avoiding unauthorized use. The User is responsible for any use made of the Service with the User’s login credentials until the User has notified Ework that access to the User’s account shall be blocked. The User shall by e-mail report any suspicion of unauthorized use of the User’s account to Ework’s service center and request the account to be blocked. Contact details to the service center are provided in the Service.
5 Limitation of liability
5.1 Limitation of Liability
Ework’s total and aggregate liability toward the User per calendar year under the User Agreement shall be limited to 50 percent of the financial amount received in fees by Ework during the relevant calendar year under contracts entered for assignments with reference to the User’s account.
5.2 Indirect Losses
The User shall not be entitled to compensation for any indirect losses or damages (including but not limited to loss of production, loss of expected cost cuts, expected profits or any other indirect loss), even if Ework has been informed that there is a risk for losses of this kind.
The User shall not be entitled to compensation unless notice of the claims for compensation are be raised within six months from the day the User became aware or should have become aware of the circumstances on which the claim is based. The User is not entitled to make any other claims towards Ework than what is stated in the User Agreement. What is set forth in sections 5.1 – 5.3 above is not intended to limit or exclude liability to the extent such limitation would be contrary to mandatory law, or in case of intent or gross negligence.
5.4 Neutral Intermediary
Through the Service, Ework acts as a neutral intermediary of assignments and consultants. Ework is not responsible for the relationship between customer and consultant and shall not be liable for the quality of performed work or the accuracy of information provided by consultants or assignment profiles registered in the Service. Ework is neither liable in respect of any assignment or employment that may arise between Users of the Service.
6 Grounds for relief
Ework shall not be liable for any loss or damage caused by circumstances out of Ework ‘s or its subcontractors’ control or in respect of damages or losses caused by limitations in the access to the Service due to actions taken by Ework or its subcontractors for technical, support or maintenance purposes.
7 Termination/deactivation of user accounts and user profiles
Ework has the right to without notice close down or block the User’s account should the account or the Service be used in a manner contrary to applicable law or the User Agreement, or causing damage or risk of damage to Ework or a third party, or should the User in any other way not be in compliance with its undertakings under the User Agreement. Ework reserves the right, at any time, with or without notice, in its sole discretion, to take such actions.
Coarser violations prejudicial to Ework or third parties or acts in violation of law may be reported to law enforcement authorities. The User shall indemnify and hold Ework harmless from any loss or damage arising out of any use of the Service contrary to applicable law or in violation of the User Agreement.
Should the User remain inactive and not use its account for a consistent period of 60 days, Ework has the right but not the obligation to deactivate the User’s account within reasonable time after notification to the User.
The Service may contain links to third party websites. Ework provides these links only as a service to the Users and is not liable for the availability, content, commercials, products or other material made available on such third party websites Ework may not be held liable for any damage or loss caused by use of third party websites.
9 Intellectual property rights
Any and all intellectual property rights and proprietary rights related to Ework and its marks, in and to the Service, technical solutions and Ework content shall remain the exclusive property of Ework or, as applicable, its licensors and may not be used in any manner not explicitly provided for by Ework.
The User grants to Ework a perpetual, unlimited world-wide license to use, modify, copy, publish and make available the information and material that the User provides in the Service. The User confirms that it has the right to make such a grant to Ework.
The User shall indemnify and hold Ework harmless should Ework’s use of the User’s information or material in accordance with the above infringe or be alleged to infringe third party rights.
Ework has the right to take measures which affects the Service’s accessibility should it in Ework’s discretion be necessary due to technical, maintenance and support or hosting reasons.
11 Functionality and design of the Service
The Service is provided on an “as is” basis and is under continuous development. Ework has the right from time to time to change the Service, its functionality and design. Ework does not guarantee that the Service always will be in function.
12 Transfer of the User Agreement
The User’s rights and obligations under the User Agreement may be transferred or assigned by the User only subject to Ework’s prior written approval. Ework has the right to transfer or assign – in full or part – its rights and obligations to a another Ework entity or a third party. Ework has the right to engage subcontractors under the User Agreement.
Ework has the right from time to time to update and change the terms of the User Agreement. It is the User’s responsibility to keep updated on the current User Agreement, as made available in the Service. Ework has the right to make amendments without notice should so be required by law, statue or authority decision.
In the event any one or more provisions of the User Agreement should be held by a court of competent jurisdiction to be invalid, illegal or unenforceable, the remaining provisions of the User Agreement shall remain in effect and the User Agreement shall be read as though the offending provision had not been written or as the provision shall be determined by such court to be read.
15 Governing law and dispute
The User Agreement shall be governed by the substantial laws of England. Any dispute, controversy or claim arising out of or in connection with the User Agreement, or the breach, termination or invalidity thereof shall be finally settled by the courts of England, with London District Court as court of first instance.
17 Contact Details
Ework Group AB, reg. no 556587-8708, Mäster Samuelsgatan 60, 111 21 Stockholm, Sweden.
Contact details for Ework Servicecenter firstname.lastname@example.org.
Contact details for Ework Data Protection Officer email@example.com
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