“HelloRemote” and “www.helloremote.co” are trading styles of Fresh Labs Digital Sole Trading, Office 7, 35 – 37 Ludgate Hill, London, EC4M 7JN. Registered with the Information Commissioner’s Office: ZA425730.
This Terms of Service (the “Terms”) describes the rights and responsibilities that apply to your use of HelloRemote, owned and operated by Fresh Labs Digital. (“Fresh Labs Digital”, “we”, “our” or “us”).
If you are entering into the Terms on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to the Terms. If you do not have such authority, you must not accept the Terms or use the Service on behalf of such entity. The Service is only available to you if you have entered the age of majority in your jurisdiction of residence and are fully able and competent to enter into, abide by and comply with the Terms.
We provide resources, that help people secure a remote job.
We do this through the sale of digital information products, consulting services, and by advertising remote job vacancies. We are not a recruitment agency, and we make no guarantees of work.
As such, we categorise the users of our products and services in two ways; “Users” and “Partners”.
Users are people who visit our website, subscribe to our email list and purchase information products, to help them secure a remote job.
Partners are third party organisations that enter into a commercial agreement with us, in order to display job offers within our website and app, to our userbase.
These terms outline the responsibilities that users and partners must comply with, when using our technology. If you do not agree with any of these terms, then do not use our technology.
We reserve the right to update or amend these Terms and Conditions at any time and your continued use of the website following any changes shall be deemed to be your acceptance of such change. It is therefore your responsibility to check these terms regularly for any changes.
If a particular Service requires you to open an account you will be required to complete the registration process by providing certain information and registering a username and password for use with that Service. You are responsible for maintaining the confidentiality of the username and password and also for all activities which take place under your account. You agree to immediately notify us of any unauthorised use of your password or account or any other breach of security. In no event will Fresh Labs Digital be liable for any indirect or consequential loss or damage whatsoever resulting from the disclosure of your username and/or password. You may not use another person’s account at any time, without the express permission of the account holder.
You acknowledge that all information, text, graphics, logos, photographs, images, moving images, sound, illustrations and other materials (“the Content”), whether posted publicly or transmitted privately, are the sole responsibility of the person from whom such Content originated. We do not control or endorse the Content and cannot guarantee the accuracy, integrity or quality of such Content and you acknowledge that by using the Services you may be exposed to Content that is offensive and/or indecent. Fresh Labs Digital will not be liable in any way for any Content or for any loss or damage of any kind resulting from the use of any Content transmitted via the Services and you agree to bear all risks associated with the use of any Content, including any reliance on the accuracy or completeness of such Content.
In using the Website/Services you agree not to:
We have no obligation to monitor the Services but shall be entitled to review materials posted to a communications facility and, at our sole discretion, to remove any material that breaches these Terms and Conditions or is otherwise objectionable.
As a partner, if you use our website or app, then all of the “User Responsibilities” listed above apply to you, in addition to the responsibilities listed below:
If you post material to the Service, post links on the Service, or otherwise make (or allow any third party to make) material available by means of the Service (any such material, “Content”), you are entirely responsible for the content of, and any harm resulting from, that Content. That is the case regardless of whether the Content in question constitutes text or graphics.
By making Content available, you represent and warrant that:
Fresh Labs Digital reserves the right to refuse or remove any Content or terminate or deny access to your use of the Service for any reason whatsoever.
All content uploaded to the service will be deleted, at the end of the paid duration, after your subscription has been terminated.
All Content uploaded are copyright © their respective owners.
You may request uploaded content to be deleted, at anytime. Fresh Labs Digital will use reasonable efforts to remove it from the Service, but you acknowledge that caching or references to the Content may not be made immediately unavailable.
You may request uploaded content to be edited, but edits will be limited to a maximum of one edit per month.
To be able to post details of job offers, partners must pay a monthly fee that is charged on a recurring subscription basis, until such time that you cancel your subscription, in which case your access to our technology will end at the end of the next billing cycle. Any content you have posted within the app, will be deleted when your next billing cycle ends.
Instructions on how to cancel your subscription will have been provided to you, but if you have any questions, please email email@example.com and our billing team will be happy to assist you.
There will be no refunds or credits for partial months of subscription. Your access to the technology recurs on a frequency dictated at the point of sign up and your subscription will renew automatically, until such time as you cancel your subscription.
You take full responsibility for all taxes and fees of any nature associated with the Service, including any sales tax related to any purchase or sale of services or goods under the Terms. When purchasing or selling services or goods under the Terms, it is your responsibility to determine whether or not sales taxes apply to a transaction and to collect, report and remit the correct amounts to the appropriate authority.
We have not reviewed, and cannot review, all of the material, including computer software, made available through the websites and webpages to which Fresh Labs Digital links, and that link to Fresh Labs Digital. Fresh Labs Digital does not have any control over those non-Fresh Labs Digital websites and webpages, and is not responsible for their contents or their use.
By linking to a non-Fresh Labs Digital website or webpage, Fresh Labs Digital does not represent or imply that it endorses such website or webpage. You are responsible for taking precautions as necessary to protect yourself and your computer systems from viruses and other harmful or destructive content. Fresh Labs Digital disclaims any responsibility for any harm resulting from your use of non-Fresh Labs Digital websites and webpages.
All material available on the Service and all material and services provided by or through Fresh Labs Digital, its affiliates, subsidiaries, employees, agents, licensors or other commercial partners including, but not limited to, software, all informational text, software documentation, design of, and “look and feel”, layout, photographs, graphics, audio, video, messages, interactive and instant messaging, design and functions, files, documents, images, or other materials, whether publicly posted or privately transmitted as well as all derivative works thereof (collectively, the “Materials”), are owned by us or our licensors or service providers, and are protected by copyright, trademark, trade secret and other intellectual property laws.
Subject to your compliance with the Terms, during the term of the Terms, Fresh Labs Digital grants to you a non-transferable, non-sublicensable, non-exclusive, revocable, limited-purpose right to access and use the Materials that we make available to you.
If Fresh Labs Digital, in its sole discretion and without notice, considers that there is an immediate security or operational risk to the Service, any of its, your or a third party system, then Fresh Labs Digital may immediately suspend access to or use of the Service. The suspension of use and access is not a breach of the Terms. You acknowledge that the preservation of security, confidentiality, operational effectiveness and data is paramount. Fresh Labs Digital has no liability to you for suspending the Service under this provision.
This section does not apply to Content; however you agree that any ideas, suggestions, concepts, processes or techniques which you provide to Fresh Labs Digital related to the Service or Fresh Labs Digital or its business (“Feedback”) are and will be Fresh Labs Digital’s exclusive property without any compensation or other consideration payable to you by Fresh Labs Digital, and you do so of your own free will and volition. Fresh Labs Digital may or may not, in its sole discretion, use or incorporate the Feedback in whatever form or derivative Fresh Labs Digital may decide into the Service or its business or other products. You hereby assign all rights on a worldwide basis in perpetuity to Fresh Labs Digital in any Feedback and, as applicable, waive any moral rights.
Fresh Labs Digital retains the right to use or share any Aggregated Data generated by anyone using the Service, including our users, for the purpose of enhancing and providing the Service. “Aggregated Data” means data does not contain personal information and which has been manipulated or combined to provide generalized, anonymous information. You are still responsible for any and all personal information that is part of any Content.
Fresh Labs Digital reserves the right, at its sole discretion, to modify or replace any part of the Terms. It is your responsibility to check the Terms periodically for changes. Your continued use of or access to the Service following the posting of any changes to the Terms constitutes acceptance of those changes. Fresh Labs Digital may also, in the future, offer new services and/or features through the Service (including, the release of new tools and resources). Such new features and/or services shall be subject to the Terms.
Your use of the Service and all Content forming part of or related to the Service, including any Content you upload or submit and any third party software and Content, are at your sole responsibility and risk. The Service are provided on an “as is” and “as available” basis. Fresh Labs Digital expressly disclaims all representations, warranties, or conditions of any kind with respect to the Service, whether express or implied, including, but not limited to, any implied warranties or conditions of merchantability, fitness for a particular purpose, accuracy, completeness, performance, system integration, quiet enjoyment, title, and non-infringement.
The service is offered and controlled by Fresh Labs Digital from its facilities in the United Kingdom. Fresh Labs Digital makes no representations that the service is appropriate or available for use in all locations around the world. Those who access or use the Service from other jurisdictions do so at their own volition and are responsible for compliance with local law. We handle complaints of copyright infringement in accordance with our Copyright Policy.
You agree that, under no legal theory, including, but not limited to negligence, breach of warranty or condition, breach of contract or tort, will Fresh Labs Digital or its owners, officers, directors, affiliates, contractors, employees or agents, be liable to you or any third party acting on your behalf for any indirect, incidental, special, consequential, punitive, or exemplary damages or damages for loss of profits, goodwill, use, data, or other intangible losses or the cost of any substitute equipment, facilities or services (even if Fresh Labs Digital has been advised of the possibility of such damages), arising from or relating to the Terms or your use of or your inability to use the Service, or for any damages arising from or related to the Terms. Fresh Labs Digital’s total aggregate liability from any and all claims under the Terms is limited to the total amounts you paid to Fresh Labs Digital in the one (1) month immediately preceding the occurrence of loss or damage. To the extent any province, state or jurisdiction does not allow the exclusion or the limitation of liability for consequential or incidental damages, Fresh Labs Digital’s liability in such province, state or jurisdiction will be limited to the furthest extent permitted by law. Notwithstanding the foregoing or anything else herein to the contrary, Fresh Labs Digital will not be liable to you or any third party acting on your behalf in any way with respect to a trial program or your provision of an individual’s personal information to Fresh Labs Digital or through the Service. You further agree that the foregoing limitations will apply with respect to third party liability of any kind.
The foregoing limitations will also apply with respect to any damages incurred by reason of any content or services provided on any third party sites or otherwise provided by any third parties other than Fresh Labs Digital and received by you through or advertised on the Service or received by you on any third party sites. You also agree that Fresh Labs Digital will not be responsible or liable for any loss or damage of any kind incurred as the result of any interactions or dealings with advertisers or as the result of the presence of such advertisers on the Service.
With respect to any dispute arising out of or related to the Service and/or the Terms: (i) you hereby expressly give up your right to have a trial by jury; and (ii) you hereby expressly give up your right to participate as a member of a class of claimants, in any lawsuit including but not limited to class action lawsuits involving any such dispute.
You agree that you will not bring a claim under or related to the Terms more than one (1) year from when your claim first arose.
You agree to indemnify, defend, and hold harmless Fresh Labs Digital, and its subsidiaries, affiliates, co-branders, all third-party advertisers, technology providers, service providers or other partners, and each of their respective officers, directors, agents, shareholders, employees and representatives (together, the “Indemnified Parties”), from and against any third party claim, demand, loss, damage, cost, or liability (including, reasonable attorneys’ fees) (collectively and individually, “Claims”) incurred by or made against the Indemnified Parties in connection with any Claims arising out of or relating to the Terms, the Service, including but without limitation in relation to: (a) your use, non-use or misuse of, or connection to the Service and any Content; (b) your violation or alleged violation of the Terms; and (c) your violation of any rights, including intellectual property rights, of a third party and otherwise as set out herein. Fresh Labs Digital reserves the right, at your expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Fresh Labs Digital and you agree to cooperate with Fresh Labs Digital’s defense of these Claims. You agree not to settle any matter without the prior written consent of Fresh Labs Digital. Fresh Labs Digital will use reasonable efforts to notify you of any such Claims upon becoming aware of it.
If there is any dispute between you and Fresh Labs Digital about or involving the Terms, the Service, you hereby agree that the dispute will be governed by and construed in accordance with the laws of the United Kingdom, without regard to its conflict of law provisions. Except for any claim involving the ownership of intellectual property, all disputes arising out of or in connection with the Terms will be referred to and finally resolved by arbitration under the rules of the United Kingdom.
If any portion of the Terms is deemed unlawful, void or unenforceable by any arbitrator or court of competent jurisdiction, the Terms as a whole will not be deemed unlawful, void or unenforceable, but only that portion of the Terms that is unlawful, void or unenforceable will be stricken from the Terms.
You agree that the Terms are specifically enforceable by Fresh Labs Digital through injunctive relief and other equitable remedies without proof of monetary damages.
You agree that if Fresh Labs Digital does not exercise or enforce any legal right or remedy which is contained in the Terms (or which Fresh Labs Digital has the benefit of under any applicable law), this will not be taken to be a formal waiver of Fresh Labs Digital’s rights and that those rights or remedies will still be available to Fresh Labs Digital.
The Terms are the entire agreement between us related to the subject matter in the Terms. The Terms replace and supersede any other prior or contemporaneous agreement, representation or discussion, oral or written, and may not be changed except in writing signed by us, regardless of whether or not the parties act under an unsigned “electronic” agreement or rely on such an unsigned agreement.
You may contact Fresh Labs Digital by email at firstname.lastname@example.org
Terms & conditions last updated 1st June 2019