Disclaimer - Shabaka

The information contained in this website is for general information purposes only. The information is provided by Shabaka Social Enterprise and while we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

In no event will we be liable for any loss or damage including without limitation, indirect or consequential loss or damage, or any loss or damage whatsoever arising from loss of data or profits arising out of, or in connection with, the use of this website.

Through this website you are able to link to other websites which are not under the control of Shabaka Social Enterprise. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them.

Every effort is made to keep the website up and running smoothly. However, Shabaka Social Enterprise takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

July 2015

Members Terms and Conditions

Welcome to our Website www.Shabaka Social Enterprise.org (“our Website“).

PLEASE READ THE FOLLOWING CAREFULLY BEFORE USING THIS SITE AND ANY OF OUR SERVICES:

THE FOLLOWING TERMS AND CONDITIONS (“TERMS”) FORM A LEGAL AGREEMENT BETWEEN YOU AND SHABAKA SOCIAL ENTERPRISE SOCIAL ENTERPRISE A REGISTERED COMMUNITY INTEREST COMPANY (CIC), COMPANY NUMBER: 9332852 AND WHOSE REGISTERED OFFICE IS AT THE SUSSEX INNOVATION CENTRE (SINC), BRIGHTON, BN1 9SB, UK; (‘SHABAKA SOCIAL ENTERPRISE) FOR THE USE OF OUR WEBSITE AND ANY SERVICES PROVIDED BY US THROUGH IT.

BY PROCEEDING TO ACCESS ANY SERVICE (“SERVICE”) OFFERED THROUGH THIS SITE, OR BY CLICKING ON THE “ACCEPT” BUTTON BELOW YOU AGREE TO THE FOLLOWING TERMS WHICH TOGETHER WITH OUR WEBSITE Terms of Use, OUR Privacy and Cookie Policy AND OUR Acceptable Use Policy WILL EXPRESSLY APPLY TO ANY SERVICE OFFERED BY US TO YOU. IF YOU DO NOT AGREE TO THE FOLLOWING TERMS, YOU MUST DISCONTINUE USING AND ACCESSING THIS SITE AND A SERVICE(S).

THESE TERMS MAY BE UPDATED PERIODICALLY AND YOU ARE ADVISED TO CHECK IT ON A REGULAR BASIS SO AS TO BE AWARE OF CHANGES. NO PROPOSED VARIATION, AMENDMENT OR CHANGES TO THESE TERMS ARE VALID OR HAVE ANY EFFECT.

Definitions
1. Other than as provided for in clause 1.2 below, the definitions and interpretations contained in our Website Terms of Use Policy shall apply to these Terms.
2. In these Terms:

“Account”	means the account which is set up by or for You to use our Website and Service;
“Member”	means You (or as the context requires) any other person authorised by us to access and use our Website and the Services confirmed by us to them, subject to these Terms;
“Service”	means any service which we have agreed and confirmed in writing to provide to You;
“us” “we” or “our”	means Shabaka Social Enterprise ; and
“You”	means you, the member or website user.

Authorised Users and Accounts
1. When you register for an Account we may send You access details via email as part of our verification system. Shabaka Social Enterprise cannot be held responsible for fraudulent use of your Account on our Website and it is up to You to ensure that all information uploaded or relied upon is accurate and used.
2. You shall maintain adequate security measures to protect the integrity and security of any security identification or password issued to or created by You. This shall include (but not be limited to) limiting access to any third parties who are authorised by You.
3. Shabaka Social Enterprise may audit Your use of our Website. If such audit reveals that use of our Website has been made by individuals who are not Authorised Users, then, without prejudice to Shabaka Social Enterprise’s other rights, You shall promptly disable access to those unauthorised Users and shall indemnify Shabaka Social Enterprise for any loss that is suffered as a result of the breach of these terms.
4. You are solely responsible for any and all activities that occur under Your account. You agree to notify Shabaka Social Enterprise immediately upon learning of any unauthorised use of Your account or any other breach of security.
5. From time to time, Shabaka Social Enterprise’s support staff may log in to our Website or your Account using Your password in order to maintain or improve our Website or any Service, including to provide You with assistance with technical issues. You hereby acknowledge and consent to such access.
Terms of Participation

Member must be 18 years of age or older to participate. Members must provide Shabaka with accurate, complete and updated registration information, including an accurate name, mailing address and email address.
To the full extent allowed by applicable law, Shabaka has sole discretion and for any or no reason may refuse to accept applications for membership.
Members may not (i) activate or use more than one Member account; (ii) select or use a Email Address of another person; (iii) use a name subject to rights of another person without authorization from that person; (iv) use a false or misleading name, mailing address, or email address to activate or use a Member account.

Data and Information About You
1. You will choose (and be responsible for) who You authorise to view and upload Your Personal Data or media materials (“Personal Content”) which you provide to us or upload to our Website.
2. We are not under any obligation to review, alter or vary any of your Personal Content.
3. You are wholly responsible and liable for all information and content contained in Your Personal Content and shall indemnify Shabaka Social Enterprise against any third party claims made against us, our officers or employees in connection with Your Personal Content, to the extent fully permitted by law.
4. If You discover a fault or error in Your Personal Content You may request this error be corrected however if such error is due to information provided by You we are under no obligation to change the Personal Content.
5. You may request that we remove any Personal Content from our Website at any time and we will endeavour (but not guarantee) to do so within 72 hours of reviewing your request to us to do so.
6. We shall not be responsible for the use and interpretation of any Personal Content and You shall be wholly responsible and liable for verifying that your Personal Content is true and correct and for letting us know if there are any errors in it.
Restrictions on Use
1. You undertake to supervise and control your access to and use of our Website and any Service to ensure that these are only being used by You and always in accordance with these Terms.
2. You will not, nor will You allow any third party to:
  1. copy, modify, adapt, translate or otherwise alter our Website;
  2. rent, lease, sell, assign or otherwise transfer rights in or to our Website;
  3. remove any proprietary notices or labels on our Website; or
  4. use, post, transmit or introduce any device, software or routine which interferes or attempts to interfere with the operation of our Website;
  5. supply, sell or license material from the our database, or a copy of it, to any other person, including another member of Your group of companies; or
  6. download the database through any automated (e.g. “scraping”) process.
3. You will comply with all applicable laws and regulations in Your access to and use of our Website and Service.
4. You agree our Website is proprietary to Shabaka Social Enterprise and that by accepting these terms and by using our Website You agree not to:
  1. permit a third party not authorised by us to use our Website; or
  2. provide a similar or competing service to our Website either directly or together with third parties.
5. You agree to permit Shabaka Social Enterprise and its authorised representatives, at all reasonable times and on reasonable advance notice, to inspect and have access to any information or documents, and to any records kept pursuant to these Terms, for the purpose of ensuring that you are complying with the terms of these Terms.
Fair Usage
1. You must not undertake any activity that has an adverse effect on our Website or any Service.
2. If in Shabaka Social Enterprise’s opinion, You are using or attempting to use the Service at excessive levels (such determination to be made solely by Shabaka Social Enterprise) then Shabaka Social Enterprise may:
  1. communicate with You and try to establish the reasons for the high usage and how Your usage patterns and habits can be modified to reduce your Use of a Service to reasonable levels;
  2. apply management techniques to reduce the impact that Your usage is having upon the provision of a Service;
  3. reduce or restrict Your capability to Use a Service.
Your Personal Data and its Use
1. Your current employer may be a Recruiter, or a client of Shabaka Social Enterprise or one of its customers. Shabaka Social Enterprise does not restrict third parties accessing the profiles on its database and cannot be held responsible for the possibility that Your details and profile (even if anonymous) may be recognised by Your current employer or by other third parties that may identify You due to Your profile details. Shabaka Social Enterprise may also aggregate data that it collects from You to identify employment trends across different industries, such as salary averages. This information will not be capable of being linked to individuals personally.
2. Your profile may be viewed by Recruiters who are located in countries outside the European Economic Area.
3. When You apply online and lodge Your profile with us, we also store Your confidential information and details (as explained during the registration process) and this confidential information may be viewed by Recruiters depending on the level of access You grant.
4. You can request Your Shabaka Social Enterprise account to be deleted at any time and we will endeavour to remove all information as quickly as possible.
5. If You submit Your Personal Data to us or upload it onto our Website, Shabaka Social Enterprise will retain it for a period of 24 months unless you instruct us differently, however we may delete all of your records and Personal Data if there has not been any activity on your Account for a period of more than 12 consecutive months. The purpose of this retention is to allow Shabaka Social Enterprise to provide Recruiters with your complete details in the event that any part of your Personal Data is not received by them in full during Your original submission. Shabaka Social Enterprise will not use or disclose Your Personal Data in any other way unless required to do so by law.
6. You acknowledge and agree that Shabaka Social Enterprise shall not be responsible for any Personal Data uploaded to our Website or delivered to us by You. You shall keep full back-up copies of all Personal Data. Shabaka Social Enterprise shall not be responsible for any loss or destruction.
7. You are authorised to upload onto our Website and to provide us with Personal Data for use on our Website;
Warranties and Undertakings
1. You warrant to us that the Personal Data and all associated information, documents and photographs that you provide or upload including any media recording generated for or through this Site, is complete, accurate and not misleading in any respect. Before submitting any Personal Data or other materials, information or documents to us or uploading it onto our Website, You warrant that you shall check and verify that the information You submit is true and correct and You will always give a true and fair view of Yourself.
2. You warrant that You will ensure that all Personal Data is referenced to You and You will notify Us immediately in the event of any errors or mistakes which may occur.
3. Provided you notify us in writing that a Service does not conform to any agreed specification and such non-conformance is substantial and material to your use of a Service or Site, we will attempt to replicate and verify such non-conformance.
4. If we are able to do so, we will issue a fix, patch or update to correct that non-conformance.
5. We DO NOT WARRANT or make any representation or commitment:
  1. that a Service will meet Your requirements;
  2. that a Service will be uninterrupted or error-free, that defects will be corrected, or that a Service or any software used herein will be free of viruses or other harmful components
  3. regarding the use of and/or output from a Service of content, correctness, accuracy, reliability or otherwise; or
  4. that Your Personal Data will be displayed accurately, completely or validly and we will not accept liability for any error therein.
  5. that access to our Website or use or reliance on any Service provided through it will be appropriate, available or lawful in all countries.
6. The warranties set out herein are instead of all other warranties, representations or conditions, express or implied, statutory or otherwise, including any implied warranties of satisfactory quality and fitness for a particular purpose.
7. No oral or written communications by or on our behalf shall create a warranty or in any way increase the scope of the warranties we have given.
Disclaimer
1. Our Website and any Service are provided on a “as is” and “as available” basis without warranty, condition or commitment of any kind, whether express or implied.
2. We may provide links on our site to the websites of other companies, whether affiliated with us or not. We cannot give any undertaking, that products or services you purchase from third party sellers through our site, or from companies to whose website we have provided a link on our site, will be of satisfactory quality, and any such warranties are DISCLAIMED by us absolutely. This DISCLAIMER does not affect your statutory rights against the third party seller. We will notify you when a third party is involved in a transaction, and we may disclose Your information related to that transaction to the third party seller.
3. Services and information provided on our Website by us and our third party suppliers are intended to assist in the job seeking or recruitment process. Neither we nor our third party suppliers can guarantee the suitability or prospects of success in any particular case. You should obtain independent verification before relying on information provided on our Website in circumstances which may result in loss or damage.
4. Shabaka Social Enterprise will not be responsible for checking the accuracy, validity or completeness of data or information provided by or regarding Recruiters and does not warrant that any information concerning a Recruiter will be accurate, complete or valid and we will not accept liability for any error therein.
5. Shabaka Social Enterprise bears no responsibility or liability relating directly or indirectly to the acts or omissions of Recruiters based wholly or partly on information, documents or media that is generated, or accessible from our Website.
6. This Site and the information, documents and media contained in it relies upon and may contain, in whole or in part, the advice, opinions, recommendations, information and data produced or developed by other parties, the accuracy and completeness of which Shabaka Social Enterprise is not verify or be responsible for checking the accuracy, validity or completeness of.
7. Shabaka Social Enterprise does not accept responsibility or liability in respect of any report, media, information, document, photograph or recording that provides incorrect information regarding You and You agree to indemnify us in respect of any loss, cost, expense or damage that We may suffer or incur as a result of, or in connection with any claim by any third party in respect of the same.
8. Shabaka Social Enterprise and/or their respective suppliers may make improvements and/or changes to a Service or Site at any time, with or without notice.
9. You consent to all Personal Data being made available to other members of our Website AT YOUR OWN RISK. Once information has been provided to a other third party, such as a recruiter, it cannot be retracted or withdrawn.
Limitation of Liability
1. To the maximum extent permitted by applicable law, Shabaka Social Enterprise disclaims and excludes all liability (whether arising in contract, tort (including negligence), breach or statutory duty or otherwise) arising either directly or indirectly from:
  1. any inaccuracy, failure of performance, error, omission, interruption, deletion, defect, delay in operation or transmission, computer virus, communication line failure, theft or destruction or unauthorised access to, alteration of, or use of information made available through our Website;
  2. any failure by Shabaka Social Enterprise to perform any obligation caused by any event beyond its reasonable control.
  3. the acts or omissions of Recruiters based wholly or partly on information, documents or media that is generated through, or accessible from, our Website; or
  4. any financial or similar loss of any kind, whether caused directly or indirectly, including: loss of profits, business, chargeable time, anticipated savings, goodwill, any business interruption or loss of or corruption to data however caused and whether arising under contract, tort, including negligence, statute or otherwise,
2. In addition to the above,
  1. the content presented at this Site may vary depending upon Your browser functionality and limitations and Shabaka Social Enterprise accepts no liability if You cannot view any part or component of our Website or cannot access or receive the full functionality of a Service; and
  2. Shabaka Social Enterprise reserves the right to change any information on our Website or provided by a Service including but not limited to revising and/or deleting features or other information without prior notice. Shabaka Social Enterprise shall not be held liable for any material available at our Website which is provided by any third party.
3. Where any matter gives rise to a valid claim against us, Shabaka Social Enterprise’s total liability shall be limited to a sum equal to any charges or fees paid to us by you, for the provision of a Service.
4. Our limitations of liability do not apply to or limit in any way our liability:
  1. for death or personal injury caused by our negligence;
  2. under section 2(3) of the Consumer Protection Act 1987;
  3. for fraud or fraudulent misrepresentation; or
  4. for any matter for which it would be illegal for us to exclude, or attempt to exclude, our liability.
5. Where you buy any Service from a third party seller through our Site, the seller’s individual liability will be set out in the seller’s terms and conditions which you should read.
6. It is Your responsibility to verify the Personal Data and any other information regarding a Recruiter and Shabaka Social Enterprise do not accept responsibility or liability in respect of any report, media, information, document, photograph or recording that provides incorrect information regarding a Recruiter and You agree to indemnify Shabaka Social Enterprise in respect of any loss, cost, expense or damage that we may suffer or incur as a result of, or in connection with any claim by any third party in respect of the same.
Indemnification
1. You agree to indemnify, hold harmless and defend Shabaka Social Enterprise, at Your expense, in connection with any and all third-party claims, actions, proceedings, and suits brought against Shabaka Social Enterprise or any of its officers, directors, employees, agents or affiliates, and all related liabilities, damages, settlements, penalties, fines, costs or expenses (including, without limitation, reasonable attorneys’ fees and other litigation expenses) incurred by Shabaka Social Enterprise or any of its officers, directors, employees, agents or affiliates, arising out of or relating to:
  1. any violation of these Terms by You or any users of Your account;
  2. reliance upon any information provided by You which results in a report we produce or work we undertake, being provided and used by third parties;
  3. unlawful, immoral, incorrect or misleading information that You post on our Website; and
  4. Your violations of applicable laws, rules or regulations in connection with a Service. In such a case, Shabaka Social Enterprise will provide You with written notice of such claim, suit or action. You shall co-operate as fully as reasonably required in the defence of any claim. Shabaka Social Enterprise reserves the right, at its own expense, to assume the exclusive defence and control of any matter subject to indemnification by You.
Copyright, Trade Mark and Intellectual Property Rights
1. You acknowledge that all intellectual property rights in our Website and any Service including but not limited to the all patents, copyrights and related rights (including rights in computer software), database rights, design rights, trade marks, service marks, trade names, rights in undisclosed or confidential information (such as business know-how, trade secrets, inventions (whether patentable or not)) and internet domain names and other rights of a like nature (whether registered or unregistered) and all applications for such rights as may exist anywhere in the world and all licences and consents in respect of any of the rights or protections which exist anywhere in the world belong to Shabaka Social Enterprise or are licensed to Shabaka Social Enterprise, and that a right to use our Website and a Services is granted to You, and that you have no rights in, or to it or any associated documentation other than to use them in accordance with these terms, with the exception of the Personal Data where Your statutory rights will be honoured.
2. You retain all rights in your Personal Data, and Shabaka Social Enterprise shall only use the Personal Data and any information and documents provided by You in accordance with the terms set out in these terms, our Privacy Policy and General Terms and conditions and for the purposes of this Service.
3. All contents of our Website are Copyright of Shabaka Social Enterprise, all rights reserved and Shabaka Social Enterprise reserves the right to refuse any advertising on our Website at its sole discretion.
Termination
1. Without prejudice to any other rights or remedies to which we are entitled, we may terminate these Terms and your access to and use of a Services if You:
  1. are in material breach of these Terms and has not remedied such breach within ten days of notice specifying the breach and requiring that it be remedied;
  2. misuse a Services or acts in any way which may be to the detriment of our Website or a Services;
  3. become bankrupt or insolvent or unable to pay Your debts.
2. On termination of these Terms for any reason:
  1. all rights granted to you under these Terms shall cease;
  2. You must immediately pay to Shabaka Social Enterprise any sums due under these Terms;
  3. no refunds or repayment of any charges or fees shall be made;
  4. You shall cease to use a Service, and Your ability to Use this Service shall be terminated;
  5. any and all information previously submitted by You that has been produced and submitted to third parties, is not recoverable and there shall be no obligation upon Shabaka Social Enterprise to remove or update any data which has been created through or used on our Website;
  6. You must destroy all originals and copies of any documentation, media or applications which have been downloaded as part of the use of a Service and which are in Your possession and cease any further use of this Service without the express written consent of Shabaka Social Enterprise; and
  7. You must immediately delete or remove any Software or links from all computer equipment in your possession.
3. Our accrued rights as at termination, or the continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced.
4. YOUR PERSONAL DATA MAY BE IN THE POSSESSION OF A RECRUITER OR AUTHORISED THIRD PARTY AND TERMINATION OF THESE TERMS WILL NOT INCLUDE ANY RETURN OR RETRACTION OF PERSONAL DATA WHICH HAS BEEN IN THE POSSESSION OF SUCH PARTIES.
Data Protection and Privacy
1. In addition to the use made of Your Personal Data as described above, we generally processes information about You in accordance with our Privacy and Cookie Policy.
2. We may retain Your Personal Data that has been provided by You or about You after termination and we confirm that we shall comply with our obligations under the Data Protection Act 1998 and under the confidentiality provisions in respect of any such data.
Assignment of Rights and Obligations
1. These Terms are binding on You and us and on our respective successors and assigns. You may not transfer, assign, charge or otherwise dispose of a Contract, or any of your rights or obligations arising under it, without our prior written consent. We may transfer, assign, charge, sub-contract or otherwise dispose of a Contract, or any of our rights or obligations arising under it, at any time during the term of the Contract.
Third Party Rights
1. These terms and conditions are made for the benefit of the parties to it and (where applicable) their successors and permitted assigns, and are not intended to benefit, or be enforceable by, anyone else.
No Partnership or Agency
1. Nothing in these Terms is intended to or shall operate to create a partnership between you and us, or authorise a party to act as agent for the other, and neither party shall have the authority to act in the name or on behalf of or otherwise to bind the other in any way (including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power).

May 2015