Terms of Use (Employee/Worker)

Here’s how this works – PurpleApron is here to help you find work. We are a virtual recruiter bringing together people who want to work and businesses with lots of great jobs, contracts and assignments. While you are visiting and using this site, you are in our space and so we just ask that you be responsible and respect the work we’ve put into it. To help you understand what we mean we want you to read the really important stuff our lawyers made us include:

PLEASE READ THE FOLLOWING PURPLEAPRON TERMS CAREFULLY:

1. There’s a contract between us

Yes, although you won’t be working for us you are using a service that we provide through this site. We are therefore entering into a legal relationship with rights and obligations on both sides. By using or accessing the site, you agree to be legally bound by these Terms of Use (we’ll call them ‘Terms’ for short). If you do not wish to be bound by these Terms, then you may not use site – simple.

There will be a separate legal contract between you and the business providing you with work and this does not constitute a contract of employment between you and us

2. Who am I entering into this contract with?

When we mention ‘we’ above, we mean PurpleApron Limited, a company incorporated in Northern Ireland

3. How does this work?

3.1 We have agreements with various businesses wanting to offer a range of permanent, temporary or contract assignments to you (we’ll call them ‘Employers’ but please note that this does not automatically mean that if you engage with ‘Employers’ that you have created a contract of employment). We put Employer requirements onto our site for you to browse. We offer a service where we allow Employers to search through our database of worker profiles. We also offer a ‘freelance’ service where we act on behalf of the business needing your services. In the case, you are an independent contractor and no contract of employment is created. We simply pay you for services provided at a rate agreed; there is no guarantee of future assignment or work; and as you are not an employee you are not entitled to certain legal rights that are only for employees (e.g. holidays, sick, maternity, paternity. You engagement with the ‘Employer’ may also be on an independent contractor basis and the same will apply. Whether you are an independent contractor or an employee in relation to the ‘Employer’ is a matter between you and that business needed your services.

3.2 If you see a job or assignment you like advertised on our site you create an account, log in and identify your interest as directed on our site. We then pass on your details to the Employer and let them know that you are interested. If we receive an indication from the Employer that they want to proceed, we will put you in direct contact as you will likely need to discuss the assignment or job in further detail. That’s your responsibility and we stand back from your relationship with the Employer.

4. There’s intellectual property on our site

First of all, here’s what we mean by intellectual property (IP):

copyright, database rights, patents, patent applications, patent rights, rights in designs, trade marks, trade mark applications, trade mark registrations, trade mark rights, service marks, domain names, trade or business names; rights protecting fonts, logos, symbols, audio, icons, graphics, typefaces, images, photographs, diagrams, data and computer programs; moral rights, know-how, trade secrets and all other creations of the mind, intellectual property and proprietary information rights (whether registered or not) as may exist now or hereafter come into existence, all modifications, continuations, renewals and extensions of the foregoing, and all claims, actions, causes of action, damages, costs, expenses, profits, penalties and remedies relating to any past, present or future infringement of any of the foregoing, arising under the laws of any country, state or jurisdiction in the world.

4.1 The contents of the site are protected by IP rights. The owner of these rights is eitherPurpleApron, the Employers or other third party licensors (i.e. people who have allowed us to use their IP). No content from the site may be copied, imitated, republished, displayed, posted, used or reproduced without our written consent and the written permission of the owners of the intellectual property rights in the content, except where it is used for research and non-commercial use where no consent is required. Please send all other written requests to use content from the site to admin@purpleapron.com.

4.2 You agree that you won’t remove, obscure, or alter any proprietary rights notices (including copyright © and trade mark notices ® or ™) which may be contained within the site.

4.3 In consideration of your fulfilment of the obligations imposed on you by these Terms, we grant you a non-exclusive, non-transferable licence to use the PurpleApron site and software strictly for your own use.

5. Here’s the Rules…

5.1 When you use the site, you will not :

  • transmit any message, information, data, text, software, images, commentary, emails, screenshots, photographs, pictures, videos, artwork, and/or any communication or other content (we’ll call all this, ‘Material’) that is unlawful, criminal, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libellous, pornographic, false, misleading, unreliable, indecent, inflammatory, tortious, hateful, discriminatory or otherwise objectionable or that may invade another’s intellectual property rights or right of privacy or publicity or bring our site into disrepute;  

  • impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;

  • register an interest in a job/assignment with no intention of taking up such job/assignment;

  • post or transmit any Material that you do not have a right to reproduce, display or transmit under any law or under contractual or fiduciary relationships (such as nondisclosure agreements);

  • post or transmit any Material that contains a virus, corrupted data or other harmful, disruptive or destructive files;

  • send unsolicited bulk email or spam to other users or place Material on the site other than for the purposes for which PurpleApron provides the site;

  • access the site, other than through the interface we provide, by using automated means such as robots, spiders, scrapers, crawlers, etc.;

  • disturb or meddle in the proper working of the site, activities performed through the site, or the servers and networks connected to the site;

  • bypass or attempt to bypass any measures we may use to prevent or restrict access to certain areas of the site;

  • try to reverse engineer, decompile or otherwise seek to access the source code of the site;

  • violate any applicable local, national or international law;

  • manipulate or otherwise display the site by using framing or similar navigational technology; or

  • register, subscribe, attempt to register, attempt to subscribe, unsubscribe, or attempt to unsubscribe, any party for any service if you are not expressly authorised by such party to do so.

5.2 Some areas of our site allow for input by you so when you upload:

  • you warrant that you have the lawful right to upload, reproduce and distribute such Material and that all information supplied by you on this site is true, accurate, current and complete;

  • you agree that you are solely responsible for the Material;

  • you are solely responsible for the consequences of your actions arising from your creation, transmission or display of Material on the site; and

  • you grant us the nonexclusive, royalty-free, perpetual, transferable, irrevocable and fully sub-licensable right to use Material for the purpose of potential employers being able to search once they have been granted access to our database of workers.

5.3 If you breach any of the above obligations:

  • we have the right to suspend, block or restrict your use of the site or your account;

  • we have the right to remove any offending Material;

  • we have the right to edit, or require you to edit, any offending Material; and/or

  • you will indemnify us for any costs, damages or expenses (including legal expenses) that we incur as a result of your breach and non-compliance with these Terms.

5.4 Except where otherwise stated when you upload Material, we do not moderate or control:

  • any of the material posted to the site; or

  • any communication sent by or in connection to the site by other users or third parties; and

  • accept no responsibility or liability for any Material posted to the site or sent in connection to the site, but reserve the right to remove or edit any Material posted or sent by you in accordance with these Terms.

5.5 Please let us know if you think any of these rules have been broken or if you have any other concerns about Material posted to the Website please contact admin@purpleapron.com. We will make all reasonable endeavours to remove illegal or otherwise objectionable Material within a reasonable period of time. Any removal of Material will be on a ‘without prejudice’ basis and shall not constitute any admission of responsibility and/or liability on the part of PurpleApron or any other party.

6. Account Security

6.1 When you register to use the services on the site you are creating an account.

6.2 If you have been issued with or have created access code(s), such as user ID or passwords, to access restricted areas of the site (for example, your log in password), you must keep all access codes secret and must not allow any other person or organisation to use these to access the site.

6.3 You are responsible for all activity from your account.

6.4 You must notify us immediately of any suspected or actual unauthorised use of your access codes. We reserve the right to monitor and record activity on the site, including access to content.

6.5 If your personally identifiable information changes or you no longer want to use our service, we will endeavour to provide a way to correct, update or remove that the personal data provided to us. This can be done by e-mailing admin@purpleapron.com. Our site also offers an account management facility that will allow you to change or amend your own records.

7. Warranties and Liability

7.1 We try to work with reputable Employer businesses but we are not responsible or liable for Employers and have no obligation or duty to monitor or moderate the information they present to you through our site.

7.2 The existence of an Employer’s job/assignment on our site does not constitute or imply an endorsement or recommendation by us of that Employer business or the information they provide on our site.

7.3 We try to make sure this doesn’t happen but the information on our site may include inaccuracies or errors. We disclaim all liability for any errors or inaccuracies displayed on this site including without limitation job descriptions.

7.5 We provide the site and related information “as is” and “as available” and to the maximum extent permitted under applicable law, we do not make any express or implied warranties, representations or endorsements whatsoever (including without limitation the implied warranties of title or non-infringement, merchantability or fitness for a particular purpose) with regard to the information or service on the site or any Employer job/assignment advertised on the site. We shall not be liable for any cost or damage arising either directly or indirectly from any dealing between you and the Employer.

 7.6 In the highly unlikely event of us doing something negligent which directly results in your personal injury or death, we cannot exclude or limit this liability. We also do not exclude or limit liability for fraud, wilful default or gross negligence or any other liability which cannot be excluded under applicable law.

7.7 You use our site at your own risk and we shall in no event be liable for any direct, indirect, incidental, special or consequential loss or damage (including without limitation loss of income, data, contracts, goodwill, profit, reputation) arising out of or related to:

  • any access to, use of or inability to use the site; or

  • any person or entity’s reliance on the information presented.

7.8 Notwithstanding clause 7.7 above, if for some reason we are liable to you, our total liability will be £1.00. In view of the fact that you are not required to make any payment for service we provide through this site, you acknowledge that this limitation on our liability is reasonable.

7.9 You are responsible for making sure that your computer system meets the technical specification necessary to use the site and is compatible with the site. We do not guarantee that any material available from the site will be free from infection, viruses and/or other code that has contaminating or destructive properties. You are responsible for implementing sufficient security procedures and virus checks to satisfy your requirements.

7.10 We do not guarantee that the functions or materials accessible from or contained in the site will be uninterrupted or error free, that defects will be corrected, or that the site or the server that makes it available are free of viruses or faults.

7.11 If you are dissatisfied with any portion on the site, or with any of these Terms, your sole and exclusive remedy is the discontinuation of your use of this site.

8. Privacy

We take the protection and privacy of your personal data very seriously. You acknowledge that we are entitled to handle the personal data you supply when using our site in accordance with our Privacy and Cookies Policy which forms part of these Terms and your contract with us. Please read the policy before going any further.

9. Links

9.1 The site contains links and pointers to sites maintained by third parties. We do not operate or control in any respect any information, products or services on such third party sites. Links are provided solely for your convenience. You assume sole responsibility for use of third party links and pointers.

9.2 A link to any other website through our site does not mean that we endorse or accept any responsibility for the content, or the use of, such a website and weshall not be liable for any loss or damage caused or alleged to be caused by or in connection with use of or reliance on any content, goods or services available on or through any other website or resource.

9.3 We welcome hyper-linking to our site from other appropriate websites provided such links are to our site’s homepage (and no deeper within the site) and this is done in a legal manner that does not negatively impact our reputation. In establishing a link, you may not do so in a manner that conveys an association with PurpleApron or endorsement by PurpleApron where one does not exist. Any links to our site from another website must be presented in such a manner that the viewing of the site is not impaired by framing or similar techniques that may impact the visitor’s user experience.

10. General

10.1 These Terms may be updated from time to time. You should therefore check this page regularly to not any changes we may have made to the Terms.

10.2 We may assign, transfer, novate or subcontract any or all of our rights and obligations under these Terms at any time.

10.3 These Terms, together with the Privacy and Cookies Policy, constitute the whole agreement between you andus. You acknowledge that you have not entered into this agreement in reliance upon any statement, warranty or representation made by usor any other person and you irrevocably and unconditionally waive any rights to claim damages and/or to rescind these Terms by reason of any misrepresentation (other than a fraudulent misrepresentation) that is not contained in the Terms or Privacy and Cookies Policy.

10.4 If any provision or term of these Terms shall become or be declared illegal, invalid or unenforceable for any reason whatsoever, such term or provision shall be divisible from the other Terms and shall be deemed to be deleted from them.

10.5 Failure or delay by either party enforcing an obligation or exercising a right under these Terms does not constitute a waiver of that obligation or right.

10.6 We will not be liable or deemed to be in default for any delay or failure in performance or interruption of the delivery of content resulting directly or indirectly from any cause or circumstance beyond our reasonable control, including but not limited to failure of electronic or mechanical equipment or communication lines, telephone or other interconnect problems, computer viruses, unauthorised access, theft, operator errors, severe weather, earthquakes or natural disasters, strikes or other labour problems, wars, or governmental restrictions.

11. Law and jurisdiction

These Terms shall be construed in accordance with Northern Irish law and the parties hereby submit to the exclusive jurisdiction of the Northern Irish courts to settle any disputes which may arise in connection with these Terms. Those who choose to access the site from other locations do so on their own initiative and are responsible for compliance with applicable local laws.

Thank you for visiting our site.