Introduction

This End User Licence Agreement (EULA) sets out the terms of licence and use that apply to Workers using the Talent Deck application, including any updates to that application, that we make available for download (App).

Please note this EULA applies to use of the App only.

The App is provided by Covered Technologies Limited (we, us and our). We are a limited company, registered in England. Our registered company number is 9937327, and our registered office is at 3 Loughborough Street, London, SE11 5RB.

BY DOWNLOADING, ACCESSING AND/OR USING THE APP, YOU CONFIRM THAT YOU ACCEPT AND AGREE TO BE BOUND BY THESE TERMS AND ACKNOWLEDGE THAT THEY CONSTITUTE A LEGALLY BINDING CONTRACT BETWEEN US AND YOU. IF YOU DO NOT AGREE TO ALL OF THESE TERMS, YOU ARE NOT PERMITTED TO ACCESS OR USE THE APP, AND YOU SHOULD NOT PROCEED FURTHER.

We reserve the right to change the terms of this EULA from time to time by notifying you. These terms and conditions were last updated on 25th November 2016.

 

Signing up

Certain features, functions or content of the services made available through the App may be restricted to users who have registered with us. You are not obliged to register with us, but if you do not do so you will be unable to put yourself forward for worker through the App.

You can register as a Worker with us by completing the account registration form available in the App. You only need to register once and must satisfy the following minimum eligibility criteria:

  • you must be at least 18 years of age;
  • you must possess the right to work in the UK; and
  • you must not be subject to any rule of law or contractual obligation which would otherwise restrict your right to register with the App and accept the terms and conditions set out therein.

It is your responsibility to ensure you satisfy all of the minimum eligibility criteria set out above before choosing to register with us. By doing so, you confirm to us that you do meet all of the minimum eligibility criteria. Please note that additional eligibility criteria may apply for a shift with a particular Venue, where indicated in the App.

To register and create a profile, you must:

  • provide us with your email address;
  • choose a password;
  • provide us with your name, telephone number and postal address.

All information provided on your profile must be accurate, complete and up-to-date. Please note that any profile photo or video should match that of your ID that you present to validate and confirm your right to work in the UK. Once you have completed this profile information, we will send you an email with a link to click in order to complete registration.

You can also update your profile on the App with details of:

  • your preferred working radius;
  • your preferred rate of pay;
  • your preferred days for working; and
  • your qualifications, experience and other details of your range of skills.

You are responsible for the information you provide to us. You must contact us promptly to inform us of all changes to this information and to notify us if you no longer satisfy all of the minimum eligibility criteria set out above. We reserve the right, in our sole and absolute discretion, to remove your account and deny you access to the App in the event that any information you have provided to us is false or misleading.

Registration is subject to approval by us in all cases, and we reserve the right, in our sole and absolute discretion, to decline any application for registration, without giving a reason.

When you make yourself available to work, we reserve the right, in our discretion, to carry out checks (including Disclosure and Barring Service checks and/or checks with credit reference agencies) for the purposes of confirming your identity and to establish your suitability and right to work in the UK. By agreeing to these terms and conditions, you agree to our doing so and our sharing your personal data with those third parties and undertaking these background checks. You also agree to co-operate with us in the carrying out of these checks.

 

Email and password

Upon registration for an account with Talent Deck, you will be asked to supply an email and password. You must keep your email and password confidential at all times and use it only to access and use your account and not for any other purpose. You are the only authorised user of your account and, accordingly, you must not disclose your email and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your email and/or password. Any breach of these terms and conditions and/or any use of your account by anyone to whom you disclose your email and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us.

We reserve the right to alter or replace passwords, or require you to do so, at any time in our sole discretion.

 

Getting work

If you would like to be considered for a shift you can put yourself forward for consideration by making yourself available. Venues can view the different Workers who have made themselves available and can make selections based on the Worker’s experience and in-App ranking. When you make yourself available and accept offers of work you commit to performing shifts. If you have any doubt about whether you can perform a shift you should not make yourself available.

If you are offer a shift by a Venue, full details of the shift and all requirements will be released to you. These will include:

  • the location at which you will be required to work;
  • the hourly rate payable to you;
  • the estimated duration of the shift;
  • the nature and quality of the work required;
  • any attire or clothing that the Provider would like you too wear for the Gig; and
  • whether any expenses will likely be incurred by you and, if so, the details as to how expenses will be reimbursed;
  • any other information that it may be reasonably necessary to provide you with

 

Payment

We provide the App to you free of charge. You will not be charged fees to find and perform shifts through the App.

We will pay you for the services you have performed under a shift using one of our third party providers. The following conditions apply to calculating the payments due to you:

  • payments are calculated using the hourly rate prescribed in the posting for the shift;
  • the hourly rate will be multiplied by the number of hours you have worked calculated using the date and times prescribed in the agreed “Offer” and “Claim” function (see Claim/Offer below for more detail);
  • hourly rates shall be calculated to the nearest hour;
  • the minimum period for a shift will be one hour.

We aim to pay all fees to you within three business days of agreement with Venue of the shift length, using a third party payment provider. A business day is a day other than a Sunday or bank holiday in England. All payments to you from the Venue must be made through Talent Deck. In no circumstances should you accept payment from a Venue in person during a shift.

You can keep track of and manage payments you have received for shifts on the App.

 

Claim/Offer

Once you have accepted an offer of work you will have an agreed start and end time. You are expected to arrive in good time. Once you have completed your scheduled shift, we will send you a notification and email to prompt you to send a payment claim. By making a claim you are telling the venue what period of time it is that you worked. The Venue will similarly be sent a notification and email once the shift is scheduled to be completed and can send a payment offer. This allows you and the Venue to agree on the period over which you have provided services during the shift.

Please do not start a shift until you have met and confirmed with your point of contact at the Venue.

If you are unable to to agree on the time period in which you worked with the Venue, you shall inform Talent Deck as soon as is reasonably practicable and shall co-operate fully and in a timely fashion with us to enable Talent Deck to establish what hours, if any, were worked by you.

We reserve the right to delay payment to you for a, whilst we make enquiries of the Venue to confirm the hours that you worked. It is in your interest to send a shift claim in a timely fashion.

We also reserve the right, in our sole and absolute discretion, to remove your account and deny you access to the App in the event that you repeatedly and without good cause fail to attend for shifts for which you have put yourself forward for consideration and been selected by the Venue.

 

Ratings

Providers will have the option to rate your performance of a shift on a 1-5 star scale to indicate you have performed well. The more stars you receive for the shift the better your ranking will be in the App. You acknowledge that your ratings shall be displayed to other users of the App.

In addition, you have the option to rate your shift experience with the Venue on a 1-5 star scale. The more stars you give the better your experience was. This is to help and protect other works and promote fair treatment across the platform.

Please see our User Content section below for more details on rules relating to user-generated content in the App.

 

Venues

We do not endorse any Venue visible on the App and we are not responsible for the accuracy of any claims made by Venues in the shift offer. When interacting with Venues you should exercise caution and common sense to protect your personal safety.

If there is a problem with the Venue please contact us via the details below or through the App. Please note that while we will use efforts to assist you in the event of a problem with the Venue, we are not responsible for the quality or reliability of Venues you find through the App.

 

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Access to the App

The App may only be downloaded, accessed and used on a device owned or controlled by you and running the relevant operating system for which the App concerned was designed, so you must make sure you have a compatible device which meets all the necessary technical specifications to enable you to download the App you wish to download and to access and use each downloaded App.

You will be assumed to have obtained permission from the owner of any device that is controlled, but not owned, by you to download the App to that device. You accept responsibility, in accordance with this EULA, for all access to, and use of, the App by you on any device, whether or not it is owned by you.

If you choose, or you are provided with, a log-on ID (such as an email and password or other identifier) for accessing or using the App, you must treat such information as confidential and must not reveal it to anyone else. You are responsible for all activities that occur under your log-on ID and must notify us immediately of any unauthorised use of which you become aware. We reserve the right to disable any log-on ID, at any time, if in our opinion you have failed to comply with any of the provisions of this EULA or if any details you provide for the purposes of registering as a Worker prove to be false.

We cannot and do not guarantee the continuous, uninterrupted or error-free operability of the App or that the App will respond at a certain speed (since this depends on a number of factors outside our control).

 

What you are allowed to do

You may only use the App in accordance with this EULA (and in accordance with any applicable terms of any relevant third party service provider for the device to which you download, or on which you access or use, that App) and only for lawful purposes (complying with all applicable laws and regulations), and in a responsible manner.

Subject to the following sections, you may retrieve and display content from the App on a computer or mobile device and store that App in electronic form incidentally in the normal course of use of your browser or mobile device. Additional terms may also apply to certain features, parts or content of the App and, where they apply, will be displayed on-screen or accessible via a link.

 

What you are not allowed to do

Except to the extent expressly set out in this EULA, you are not allowed to:

  • republish, redistribute or re-transmit the App;
  • copy or store the App other than for your use as permitted by these terms and conditions and as may occur incidentally in the normal course of use of your browser or mobile device;
  • store the App on a server or other storage device connected to a network or create a database by systematically downloading and storing any data from the App;
  • remove or change any content of the App other than User Content or attempt to circumvent security or interfere with the proper working of the App or any servers on which it is hosted;
  • use the App in a way that might damage our name or reputation or that of any of our affiliates; or
  • otherwise do anything that it is not expressly permitted by this EULA.

All rights granted to you under this EULA will terminate immediately in the event that you are in breach of any of them.

To do anything with the App that is not expressly permitted by this EULA, you will need a separate licence from us. Please contact us, using the Contacting Us details at the end of this EULA.

 

Third parties & App Stores

Certain third party platform providers with whose devices and/or operating systems the App has been designed to be compatible oblige us to include certain additional provisions in this EULA. These are set out at the end of this EULA under Additional third party terms. These provisions come from the relevant third party platform providers, not us.

Third party application stores are operated by the relevant third party platform providers and/or their affiliates. You must comply with all applicable terms of service, rules and policies applying to any third party application store from which you download the App. We are not responsible for these stores or (with the exception of the App) for anything provided by them and do not guarantee that they will be continuously available.

 

Intellectual property rights

We license, but do not sell, to you the App you download. We remain the owners of the App at all times.

All intellectual property rights in the App and in any content of the App (including text, graphics, software, photographs and other images, videos, sound, trademarks and logos), other than User Content, are owned by us or our licensors. Except as expressly set out here, nothing in this EULA gives you any rights in respect of any intellectual property owned by us or our licensors and you acknowledge that you do not acquire any ownership rights by downloading the App or any content from the App.

The App may contain code, commonly referred to as open source software, which is distributed under any of the many known variations of open source licence terms, including terms which allow the free distribution and modification of the relevant software’s source code and/or which require all distributors to make such source code freely available upon request, including any contributions or modifications made by such distributor (collectively, Open Source Software). Please note that, to the extent that the App contains any Open Source Software, that element only is licensed to you under the relevant licence terms of the applicable third party licensor (Open Source Licence Terms) and not under this EULA, and you accept and agree to be bound by such Open Source Licence Terms. A copy of the source code for any Open Source Software contained in the App and the relevant Open Source Licence Terms will be made available to you upon request.

 

Functionality and content

You agree that downloading, accessing and use of the App that is made available for download free of charge is on an ‘as is’ and ‘as available’ basis and at your sole risk.

We reserve the right to change the design, features and/or functionality of the App by making the updated App available for you to download or, where your device settings permit it, by automatic delivery of updates. You are not obliged to download any updated App, but we may cease to provide and/or update content to prior versions of the App and, depending on the nature of the update, in some circumstances you may not be able to continue using the App until you have downloaded the updated version.

Where the App makes content available, you acknowledge that such content may be updated at any time. We reserve the right to cease to provide and/or update content to the App, with or without notice to you, if we need to do so for security, legal or, unless that content is part of a subscription you have paid for, any other reasons.

Whilst we try to make sure that content made available by the App consisting of information of which we are the source is correct, you acknowledge that the App may make content available which is derived from a number of sources (including from Venues), for which we are not responsible. In all cases, information made available by the App is not intended to amount to authority or advice on which reliance should be placed. You should check with us or the relevant information source before acting on any such information.

Except as expressly set out in this EULA, we make or give no representation or warranty as to the accuracy, completeness, currency, correctness, reliability, integrity, quality, fitness for purpose or originality of any content of the App and, to the fullest extent permitted by law, all implied warranties, conditions or other terms of any kind are hereby excluded. To the fullest extent permitted by law, we accept no liability for any loss or damage of any kind incurred as a result of you or anyone else relying on the content of the App.

We cannot and do not guarantee that the App or its content will be free from viruses and/or other code that may have contaminating or destructive elements. It is your responsibility to implement appropriate IT security safeguards (including anti-virus and other security checks) to satisfy your particular requirements as to the safety and reliability of the App and its content.

 

Personal information

Additionally, by using the App, you acknowledge that internet transmissions are never completely private or secure and that it is always possible that any message or information you send using the App may be read or intercepted by others.

 

User content

The App may, from time to time, allow you to submit user-generated content (User Content) and may also allow you to communicate that content, either to selected recipients or in public or semi-public areas, such as comments pages, chat rooms, and/or message boards (collectively User Content Areas). We do not control User Content submitted, nor are User Content Areas actively moderated. You are solely responsible for User Content as submitted by you and acknowledge that all User Content expresses the views of its respective authors, and not our views.

If you submit any User Content, you must:

  • keep it relevant to the purpose of the User Content Area to which you submit it and the nature of any topic;
  • not submit any User Content that is unlawful, threatening, abusive, libellous, pornographic, obscene, vulgar, indecent, offensive or which infringes on the intellectual property rights or other rights of any third party;
  • not submit any User Content that contains any viruses and/or other code that has contaminating or destructive elements;
  • not submit any User Content to a public or semi-public User Content Area containing any form of advertising; and
  • not impersonate, or misrepresent an affiliation with, any person or entity.

You agree that, by submitting any User Content, you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display such User Content (in whole or part) and/or to incorporate it in other works in any form, media or technology, and you waive any moral rights you may have in, or to be identified as the author, of such User Content.

Whilst we do not pre-screen User Content, we reserve the right, in our sole discretion, to delete, edit or modify any User Content submitted by you and/or to close any discussion topic, at any time without notice to you.

Complaints about the content of any User Content must be sent to support@talentdeck.co and must contain details of the specific User Content giving rise to the complaint.

 

External links

The App may, from time to time, include links to external sites, which may include links to third party offers and promotions. We include these to provide you with access to information, products or services that you may find useful or interesting. We are not responsible for the content of these sites or for anything provided by them and do not guarantee that they will be continuously available. The fact that we include links to such external sites does not imply any endorsement of or association with their operators or promoters.

 

Our liability

Nothing in this EULA shall limit or exclude our liability to you:

  • for death or personal injury caused by our negligence;
  • for fraudulent misrepresentation;
  • for breach of any term implied by the Consumer Rights Act 2015 and which, by law, may not be limited or excluded; or
  • for any other liability that, by law, may not be limited or excluded.

Subject to this, in no event shall we be liable to you for any business losses or for any indirect or consequential losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable and shall not, in aggregate, exceed the sum of £5000.

We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control.

 

General

You may not transfer or assign any or all of your rights or obligations under this EULA.

All notices given by you to us must be given in writing to the address set out at the end of this EULA.

If we fail to enforce any of our rights, that does not result in a waiver of that right.

If any provision of this EULA is found to be unenforceable, all other provisions shall remain unaffected.

These terms and conditions may not be varied except with our express written consent.

These terms and conditions and any document expressly referred to in them represent the entire agreement between you and us in relation to their subject matter. We are required by law to advise you that any contract formed on the terms of this EULA may be concluded in the English language only and that no public filing requirements apply.

These terms and conditions shall be governed by English law. You agree that any dispute between you and us regarding them or the App will only be dealt with by the English courts. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

 

Contacting us

Please submit any questions you have about this EULA or any complaint or concern in relation to the App by email to support@talentdeck.co or write to us at:

Covered Technologies Limited,
3 Loughborough Street,
London, SE11 5RB

 

Additional third party providers and App Store terms

 

Apple

If the App that you download, access and/or use runs on Apple’s iOS operating system:

  • that App may only be accessed and used on a device owned or controlled by you and using Apple’s iOS operating system, and only in accordance with Apple’s usage rules published in its App Store terms of service;
  • you acknowledge and agree that:

Apple has no obligation at all to provide any support or maintenance services in relation to that App. If you have any maintenance or support questions in relation to that App, please contact us, not Apple, using the Contacting us details in these terms; except as otherwise expressly set out in these terms, any claims relating to the possession or use of that App are between you and us (and not between you, or anyone else, and Apple);

in the event of any claim by a third party that your possession or use (in accordance with these terms) of that App infringes any intellectual property rights, Apple will not be responsible or liable to you in relation to that claim; and

although these terms are entered into between you and us (and not Apple), Apple, as a third party beneficiary under these terms, will have the right to enforce these terms against you;

you represent and warrant that:

you are not, and will not be, located in any country that is the subject of a United States Government embargo or that has been designated by the United States Government as a “terrorist supporting” country; and

you are not listed on any United States Government list of prohibited or restricted parties; and

if that App does not conform to any warranty applying to it, you may notify Apple, which will then refund the purchase price of that App (if any) to you. Subject to that, and to the maximum extent permitted by law, Apple does not give or enter into any warranty, condition or other term in relation to that App and will not be liable to you for any claims, losses, costs or expenses of whatever nature in relation to that App or as a result of you or anyone else using that App or relying on any of its content.