Terms and Conditions for the Supply of Services

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE SIGNING UP FOR OUR SERVICES

  1. Introduction
    1. These are the terms and conditions relating to the use of www.liketobe.org (the “Service”) which is an online platform operated by LIKE TO BE LTD (company number 09198577) whose registered address is Plymouth Science Park Davy Road, Derriford, Plymouth, England, PL6 8BX (hereafter “we”, “our”, or “us” as the context requires).

    2. These terms and conditions, together with our Privacy Policy, Cookie Policy, Terms of Website Use and any other terms specifically referred to in any of those documents, all of which are incorporated by reference into these terms and conditions, constitute a legally binding Agreement (the “Agreement”, or these terms as the context requires), between you and Like To Be Ltd in relation to your use of the Service.

    3. To get in contact, please either:

      1. write to us at Plymouth Science Park Davy Road, Derriford, Plymouth, England, PL6 8BX; or

      2. email us at [email protected]

  2. Definitions
  3. “Account Type” means the account you subscribe to that best describes the activity you are engaged in when using the Service. If you are an employer, university or college you may choose from additional packages that will enhance your use of the Service in accordance with the fee scale in schedule 1.

    “Business Day” a day, other than a Saturday, Sunday or public holiday in England, when banks in London are open for business.

    “Member” means any person, company or charity who has subscribed to the Service for either a free subscription or a Paid Subscription.

    “Service” means the networking platform on which Members who have subscribed to an account are able to offer their services to other Members for the purposes of career development.

    “Renewal Date” 1 month from the date of this Agreement and when the Members’ subscription becomes active. If this date falls on a day other than a Business Day then the Renewal Date shall be the last Business Day before that date.

    “Website” www.liketobe.org

  4. Your Obligations
    1. You represent and warrant that by accessing the Service, registering an account, or by viewing, accessing, streaming, uploading or downloading any information or content from or to the Service, that:

      1. you have read and understood this Agreement and will abide by its terms; and

      2. your use of the Service is for educational or business purposes only with the view to create career pathways and opportunities with other Members;

      3. you are at least 13 years of age on the date your account is activated; and

      4. you have the required consent to process the Personal Data (as defined in the Data Protection Legislation below) of young persons under the age of 13 in accordance with Section 9 of the Data Protection Act 2018 if applicable.

  5. Changes to this Agreement
    1. We reserve the right to amend these terms from time to time in accordance with legal or regulatory changes or changes to functionality. The current version of these terms are in force as of 25 May 2018.

    2. If we make material changes to these terms we will notify you by email of the amended clauses (the “Revised Terms”). The Revised Terms will become effective upon the next Renewal Date of your subscription and will form part of this Agreement. You may terminate your subscription in accordance with clause 8 before the Revised Terms come into effect. If you do not terminate this Agreement before the Renewal Date this will constitute acceptance of the Revised Terms for the duration of this Agreement.

    3. We may from time to time introduce additional features to increase the functionality of the Service. Any additional features will be subject to these terms and conditions in addition to any further terms relating to that feature.

  6. Your Account
    1. To become a Member you must register to use the Service. Upon registration, and in accordance with our Privacy Policy, you will provide us with your personal details (including a valid email address) and you will choose a username and password for your account (“Your Details”). You will submit Your Details to us via an online form and you will be asked to confirm whether you have read any applicable policies that may apply from time to time and whether you are at least 13 years old. Once we have reviewed Your Details, we will notify you by email that Your Details have been processed and an account has been setup for you, which includes your profile (“Notification”). Acceptance of this Agreement occurs when you receive the Notification email and click on the activation link to activate your account. Once your account has been activated, you will be bound by this Agreement.

    2. Once registered, you will have access to the Service through your personal profile, which is set to the individual Account Type by default. From the Edit Profile page, you can update your Account Type to include a school, employer or university/college.

    3. If you wish to update your Account Type to include a school, employer or university/college and you wish to purchase a Paid Subscription in accordance with clause 8, we will assess your needs and tailor a range of Services that suit you in a separate agreement (the Package). The Package will set out any additional terms if applicable.

    4. you must notify us in writing of your offer to purchase the Services set out in the Package and we will confirm acceptance of your offer on those terms in writing to you (including email). On the date of acceptance you will be bound by both the terms in the Package and these terms and conditions. In the event of any inconsistency between these terms and the terms in the Package the terms of the Package shall take precedence.

    5. You must ensure that the email address you provide is, and remains, valid. Your email address and any other information you chose to provide about yourself will be treated in accordance with our Privacy Policy.

    6. You are solely responsible for maintaining the confidentiality and security of your username and password. You may not authorise others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You acknowledge that we are not responsible for third party access to your account that results from theft or misappropriation of your username and password.

    7. We reserve the right to terminate or suspend your account, at our sole discretion, if the use of the account would or might constitute a violation of this Agreement, or an infringement or violation of the rights of any third party, or of any applicable laws or regulations.

  7. Use of the Service
    1. You are solely responsible for, and assume all liability regarding;

      1. the information and content you contribute to the Service;

      2. the information and content you post, transmit, publish, or otherwise make available through the Service; and

      3. your interactions with other Members through the Service.

      4. You assume all risk when using the Service, including but not limited to all of the risks associated with the employment and career development of individuals.

    2. You acknowledge that we are unable to guarantee the accuracy of information provided to you by or about other Members, and that we are unable to confirm that any Member is who he or she claims to be. You agree to take all necessary precautions when communicating with or contracting with other Members through the Service.

    3. You understand that we make no representations, warranties or guarantees, either express or implied, regarding the performance of other Members you may contract with through the Service or as to the conduct of such individuals in the performance of their services.

    4. You will not post on the Service, transmit to other users, communicate any content (or links thereto), or otherwise engage in any activity through the Service, that:

      1. promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;

      2. is intended to or tends to harass, annoy, threaten or intimidate any other Member;

      3. is defamatory, inaccurate, abusive, offensive, sexually oriented, obscene or otherwise objectionable;

      4. contains copyrighted content (e.g., music, movies, videos, photographs, images, software, etc.) without obtaining permission first;

      5. contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);

      6. promotes or enables illegal or unlawful activities, such as the consumption or supply of controlled substances, instructions on how to make or buy illegal weapons, violate someone's privacy, harm or harass another person, obtain others' identity information, create or disseminate computer viruses, or circumvent copy-protect devices;

      7. is intended to defraud, swindle or deceive other Members;

      8. contains viruses, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;

      9. promotes or solicits involvement in or support of a political platform, religion, cult, or sect;

      10. disseminates another person's personal information without his or her permission, or collects or solicits another person's personal information for commercial or unlawful purposes;

      11. impersonates, or otherwise misrepresents affiliation, connection or association with, any person or entity;

      12. uses scripts, bots or other automated technology to access the Service;

      13. is in any way used for or in connection with spamming, spimming, phishing, trolling, or similar activities.

    5. We reserve the right without obligation to monitor the information or material you submit to the Service. We will have the right to remove any such information or material that in our sole opinion violates, or may violate, any applicable law or term of this Agreement or upon the reasonable request of any third party, and terminate your account.

    6. The Service is not available to persons under the age of 13 years. Subject to clause 10 (Privacy and Data Protection) Content that has been made available to you through the Service may be used in a classroom environment with persons under the age of 13 years for educational purposes.

  8. Content and Intellectual Property Rights
    1. You acknowledge and agree that we are the owner or the licensee of all intellectual property rights in the Service, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

    2. Any and all audio, text, photos, pictures, graphics, comments, and other content, data or information that you upload, store, transmit, submit, exchange or make available to or via the Service ("Your Content") is generated, owned and controlled solely by you and not by us

    3. You must not upload, distribute, or otherwise make available, any content to which you do not hold the necessary rights. Any such infringement may result in termination of your access to the Service and your account. An infringement may also result in civil litigation or criminal prosecution.

    4. By uploading Your Content to our site, you grant a limited, worldwide, non-exclusive, royalty-free, fully paid up, license to us and other Members to use, copy, repost, transmit or otherwise make available to the public, Your Content utilising the features of the Service or any other websites, apps and/or platforms, such as Facebook or Twitter, to which Your Content has been shared or embedded using the Service from time to time.

    5. Notwithstanding clause 7.4 above, nothing in this Agreement grants any rights to any other Member with respect to any proprietary name, logo, trademark or service mark uploaded by you as part of Your Content (for example, your profile picture) (“Marks”), other than the right to reproduce, publicly display, make available and otherwise communicate to the public those Marks, automatically and without alteration, as part of the act of career development in accordance with these terms.

    6. The licenses granted in this section are granted separately with respect to each item of Your Content that you upload to the Service. Licenses with respect to audio content, and any images or text within your account, will terminate automatically when you remove such content from your account.

  9. Subscription
    1. Once you have setup your account with us and accepted these terms in accordance with clause 5.1, your subscription to the Service will become active. The amount you pay for your subscription to the Service will relate to your Account Type in accordance with schedule 1 or in accordance with a tailor made package we have agreed with you in advance.

    2. If you are required to pay for your subscription ("Paid Subscription"), you will pay the applicable fees for the Paid Subscription (including periodic fees for ongoing subscriptions) as they become due including all related taxes (including sales and use taxes (e.g. VAT), duties or other governmental taxes or fees), and you agree to reimburse us for all reasonable collection costs and reasonable interest for any overdue amounts.

    3. All fees and charges are non-refundable. We will not make any refunds or credits for any Paid Subscription used partially in any set period except:

      1. as expressly set forth in this Agreement;

      2. as required by applicable law; or

      3. at our sole discretion.

    4. We will invoice the fees for the Paid Subscription in accordance with the Package. All fees must be paid within 30 days from the date on the invoice.

  10. Cancellation
    1. You are free to cancel your subscription at any time by giving us 30 days’ notice. Once you have notified us of your cancellation we will invoice you for the Services set out in the Package that have been delivered to you pro rata.

    2. If you cancel your Paid Subscription, then the benefit of the Service will be available to you until the end of the 30 day notification period..

    3. Upon cancellation of your subscription your account and Your Content will be deleted.

  11. Privacy and Data Protection
    1. Reference to Data Protection Legislation means (a) the General Data Protection Regulation ((EU) 2016/679) and any national implementing laws, regulations and secondary legislation, as amended or updated from time to time, in the UK and then (b) any successor legislation to the GDPR or the Data Protection Act 1998

    2. Both parties will comply with all applicable requirements of the Data Protection Legislation. This clause 10 is in addition to, and does not relieve, remove or replace, a party’s obligations under the Data Protection Legislation.

    3. Under this Agreement you acknowledge that you are the data controller and we are the data processor (where Data Controller and Data Processor have the meanings as defined in the Data Protection Legislation). Our Privacy Policy sets out the scope, nature and purpose of processing by us, the duration of the processing and the types of personal data (as defined in the Data Protection Legislation, Personal Data) and categories of Data Subject.

    4. Without prejudice to the generality of clause 10.2, you will ensure that you have all necessary appropriate consents and notices in place to enable lawful transfer of the Personal Data to us for the duration and purposes of this agreement with particular regard to child’s consent in relation to information society services.

    5. Without prejudice to the generality of clause 10.2, we shall, in relation to any Personal Data processed in connection with the performance of our obligations under this agreement:

      1. process that Personal Data on your written instructions only unless we are required by the laws of any member of the European Union or by the laws of the European Union applicable to us to process Personal Data (Applicable Laws). Where we are relying on laws of a member of the European Union or European Union law as the basis for processing Personal Data, we shall promptly notify you of this before performing the processing required by the Applicable Laws unless those Applicable Laws prohibit the Provider from so notifying the Customer;

      2. ensure that appropriate technical and organisational measures are in place, to protect against unauthorised or unlawful processing of Personal Data and against accidental loss or destruction of, or damage to, Personal Data, appropriate to the harm that might result from the unauthorised or unlawful processing or accidental loss, destruction or damage and the nature of the data to be protected, having regard to the state of technological development and the cost of implementing any measures (those measures may include, where appropriate, pseudonymising and encrypting Personal Data, ensuring confidentiality, integrity, availability and resilience of its systems and services, ensuring that availability of and access to Personal Data can be restored in a timely manner after an incident, and regularly assessing and evaluating the effectiveness of the technical and organisational measures adopted by it);

      3. ensure that all personnel who have access to and/or process Personal Data are obliged to keep the Personal Data confidential; and

      4. not transfer any Personal Data outside of the European Economic Area unless we obtain your prior written consent and the following conditions are fulfilled:

        1. appropriate safeguards in relation to the transfer have been put into place;

        2. the data subject has enforceable rights and effective legal remedies;

        3. all obligations under the Data Protection Legislation are satisfied by providing an adequate level of protection to any Personal Data that is transferred; and

        4. all reasonable instructions notified to us in advance by you with respect to the processing of the Personal Data are complied with.

      5. assist you, at your expense, in responding to any request from a Data Subject and in ensuring compliance with your obligations under the Data Protection Legislation with respect to security, breach notifications, impact assessments and consultations with supervisory authorities or regulators;

      6. notify you without undue delay on becoming aware of a Personal Data breach;

      7. at your written direction, delete or return Personal Data and copies thereof to you on termination of this Agreement unless required by Applicable Law to store the Personal Data; and

      8. maintain complete and accurate records and information to demonstrate its compliance with this clause 8.

    6. You consent to us appointing a third-party processor of Personal Data under this Agreement in accordance with our Privacy Policy. We confirm that we have entered or (as the case may be) will enter with the third-party processor into a written incorporating terms which are substantially similar to those set out in this clause 10. In accordance with this Agreement, we shall remain fully liable for all acts or omissions of any third-party processor appointed by virtue of this clause.

    7. Either party to this Agreement may, at any time on not less than 30 days’ notice, revise this clause 8 by replacing it with any applicable controller to processor standard clauses or similar terms forming party of an applicable certification scheme (which shall apply when replaced by attachment to this agreement).

  12. Limitation of Liability
    1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

    2. Subject to clause 11.1, our total liability to you shall not exceed an amount equal to the total Paid Subscription amount within a 12 month period. Our total liability includes liability in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with this Agreement.

  13. General
  14. Force majeure.
  15. Neither party shall be in breach of this Agreement nor liable for delay in performing, or failure to perform, any of its obligations under this Agreement if such delay or failure result from events, circumstances or causes beyond its reasonable control.

  16. Assignment and other dealings.
    1. We may at any time assign, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any or all of its rights and obligations under this Agreement.

    2. You shall not assign, transfer, mortgage, charge, subcontract, delegate, declare a trust over or deal in any other manner with any of its rights and obligations under the Contract.

  17. Confidentiality.
    1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by this clause 12.3.

    2. Each party may disclose the other party's confidential information:

      1. to its employees, officers, representatives, subcontractors or advisers who need to know such information for the purposes of carrying out the party's obligations under the Contract. Each party shall ensure that its employees, officers, representatives, subcontractors or advisers to whom it discloses the other party's confidential information comply with this clause 12.3; and

      2. as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority.

    3. Neither party shall use the other party's confidential information for any purpose other than to perform its obligations under this Agreement.

  18. Entire agreement.
    1. This Agreement constitutes the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.

    2. Each party acknowledges that in entering into this Agreement it does not rely on, and shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in the Contract. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in the Contract.

  19. Variation.
  20. Except as set out in these Conditions, no variation of this Agreement shall be effective unless it is in writing and signed by the parties (or their authorised representatives).

  21. Waiver.
  22. A waiver of any right or remedy under this Agreement 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 this Agreement 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 this Agreement or by law shall prevent or restrict the further exercise of that or any other right or remedy.

  23. Severance.
  24. 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. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. 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 the Contract.

  25. Notices.
    1. Any notice given to a party under or in connection with this Agreement shall be in writing and shall be delivered by hand or by pre-paid first-class post or other next working day delivery service at its registered office; or sent by email to the address specified in clause 1.

    2. Any notice shall be deemed to have been received:

      1. if delivered by hand, on signature of a delivery receipt or at the time the notice is left at the proper address;

      2. if sent by pre-paid first-class post or other next working day delivery service, at 9.00 am on the second Business Day after posting; and

      3. if sent email, at the time of transmission, or, if this time falls outside business hours in the place of receipt, when business hours resume. In this clause 11.8(b)(iii), business hours means 9.00am to 5.00pm Monday to Friday on a day that is not a public holiday in the place of receipt.

    3. This clause does not apply to the service of any proceedings or other documents in any legal action or, where applicable, any other method of dispute resolution.

  26. Third party rights.
  27. Unless it expressly states otherwise, this Agreement does not give rise to any rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any term of the Agreement.

  28. Governing law.
  29. This Agreement, and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation shall be governed by, and construed in accordance with the law of England and Wales.

  30. Jurisdiction.
  31. Each party irrevocably agrees that 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.

    Schedule 1 – Pricing Structure

    Subscription Packages


    Free BRONZE Subscription

    £2500 Per Year SILVER Subscription

    £5000 Per Year Premier GOLD Subscription

    Free branded company profile
    Advertise jobs, apprenticeships and work placements directly to LTB's school leaving and higher/further education students
    Performance review with assigned LTB Account Manager - i.e. Ongoing evaluation of sector/careers/company awareness amongst Educators and Students Six Monthly Quaterly
    ‘Founding' business digital LiketoBe logo which is exclusive for 2018 business subscribers
    Receive a digital marketing support package which includes template letters, emails to share with linked businesses and schools introducing your support of LiketoBe and press release
    First 50 Gold Subscriptions appear on our Home Page with company logo and link to profile for 12 months
    First 50 Gold Subscriptions link 5 company career profiles to appear in Career Tree Search Results for 12 months (additional career profiles can be arranged giving extra exposure in career tree search results)
    One featured article per month to be shared on LiketoBe blog
    Upon subscribing inclusion in next educators newsletter

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