Terms of Use

Last updated: 5 September, 2024

What’s in these Terms?

Poplar Technologies Ltd. (“us”, “we”, or “our”) is pleased to offer you the Breakroom website and services (the “Site”) along with any service, information, content or materials published on, or available via, our Site (together, “Content”). These Terms of Use (“Terms”) are a legal contract between us and yourself (referenced herein with “you”, or “your”), and govern your access to and use of the Site and its Content.

These Terms apply to all persons and entities who visit, use or access the Site (“Users”). By accessing or using the Site, you signify that you have read, understood and agree to be bound by the terms and conditions herein, whether or not you are a registered user, partner, or customer of the Site. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have full legal authority to agree to these Terms on behalf of such employer or other entity and are able to bind such employer or other entity to the terms and conditions herein. These Terms incorporate the Privacy Policy and any other Specific Terms (as may be defined or referenced below) as applicable.

Please review these Terms carefully and make sure that you understand them before using the Site. These Terms constitute a legally binding agreement between you and us.

IMPORTANT NOTE: SECTION 15 OF THIS AGREEMENT INCLUDES A MANDATORY AGREEMENT TO ARBITRATE, WHICH MEANS THAT YOU AGREE TO SUBMIT ANY DISPUTE RELATED TO YOUR USE OF THE SITE OR ANY OF THE SERVICES, TO BINDING INDIVIDUAL ARBITRATION RATHER THAN PROCEED IN COURT. THE DISPUTES/ARBITRATION PROVISION ALSO INCLUDES A CLASS ACTION WAIVER, WHICH MEANS THAT YOU AGREE TO PROCEED WITH ANY DISPUTE INDIVIDUALLY AND NOT AS PART OF A CLASS ACTION. IF YOU DO NOT AGREE TO ANY PART OF THESE TERMS, THEN PLEASE DO NOT USE THE SITE. THIS MANDATORY AGREEMENT TO ARBITRATE DOES NOT APPLY TO UK/EUROPEAN CONSUMERS (AS DEFINED IN SECTION 15 BELOW).

Click on the links below to go straight to more information on each area:

Who we are and how to contact us
We may make changes to these Terms
General rules for using the Site
Your Account creation and use
Content on the Site
You are granting us a licence to User Content
Our proprietary rights
Specific terms that apply to Job Seekers
Specific terms that apply to Employers
Specific terms that apply to paying Employers
Privacy and security
If you discover any infringing or illegal content
We do not make any warranties
Our responsibility for loss or damage suffered by you
You and we agree to arbitrate any Disputes
Breach of these Terms
Information on Employment Agencies and Employment Business Regulations 2023
Other general matters

1. Who we are and how to contact us

This Site is operated and owned by Poplar Technologies Ltd. We are a limited company registered in England and Wales under company number 11559527.

Our registered address is Cambridge House, 16 High Street, Saffron Walden, Essex, England, CB10 1AX.

To contact us, you can either:

Email us at hello@breakroom.cc; or
Write to us at Poplar Technologies Ltd. t/a Breakroom, Cambridge House, 16 High Street, Saffron Walden, Essex, England, CB10 1AX, United Kingdom.

2. We may make changes to these Terms

From time to time, we may make changes to these Terms. If we do so, we will:

post those changes in an updated version of these Terms on the Site; and
where we consider the changes may materially or adversely affect you or your rights, we will notify you of such changes either on the Site (e.g., via pop up) or via email (if we have your email address).

Every time you wish to use our Site, please check these Terms to ensure you understand the terms and conditions that apply to this Site and its Content at that time.

3. General rules for using the Site

By using the Site, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity, or legality of content provided by or available from third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of other users on the Site.

a. Your eligibility

You must be at least sixteen (16) years of age or the age of majority in the jurisdiction in which you reside to use the Site. If you are under the age of sixteen (16) or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to these Terms on your behalf. You may not use the Site if your use of the Site has been previously terminated or suspended by us, unless we have provided you with specific prior written authorization to re-use the Site.

b. Our contact with you by email

By providing us with your email address, you acknowledge that we will use the email address to send you Site-related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. Where you provide valid consent, we may also use your email address to send you other messages, such as changes to features on the Site and special offers (to the extent permitted by the laws of the jurisdiction where you reside).

If you have consented to receive job alerts or matches by email (“Job Alerts”) or marketing communications from us, we will send you such communications until you unsubscribe. If you do not want to receive Job Alerts and/or marketing communications from us, you may (i) unsubscribe or change your preferences in your Account (as defined below) page, (ii) follow the unsubscribe instructions in the email message, or (iii) request to be unsubscribed by emailing us at: hello@breakroom.cc. Please note that unsubscribing may prevent you from receiving email messages regarding updates, improvements, or offers.

Please note, that while you can unsubscribe from marketing messages and Job Alerts, you cannot opt out of service-related communications, including those communications relating to security, legal notices, your Account, your use of our Site, billing, and other transactional purposes, unless you delete your Account and stop using our Site.

c. Restrictions and other conduct that we do not permit

You may not access without authority, interfere with, damage, or disrupt:

any part of our Site or any Content;
any equipment or network on which our Site or any Content is stored;
any software or other systems or equipment used in the provision of our Site or any Content; or
any equipment or network or software owned or used by any third party.

You must not attempt to gain unauthorised access to our Site, the server on which our Site is stored, or any server, computer, or database connected to our Site. You must not attack our Site via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you may commit a criminal offence under the UK’s Computer Misuse Act 1990 and other applicable laws. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our Site and the Content will cease immediately.

In addition to the general restrictions above, you acknowledge and agree not to engage in any of the following prohibited activities:

Copying, distributing, or disclosing any part of the Site or Content in any medium, including through any automated or non-automated “scraping”.
Using any automated system to access the Site or Content in a manner that sends more request messages to the Breakroom servers than a human can reasonably produce in the same period of time by using a conventional on-line web browser. Automated systems include, without limitation, “bots”, “robots,” “spiders,” “crawlers”, and “offline readers”.
Taking any action that imposes or may impose, at our sole discretion, an unreasonable or disproportionately large load on our infrastructure.
Accessing any Content through any technology or means other than those provided or authorised by the Site.
Attempting to interfere with, compromise the system integrity or security, or decipher any transmissions to or from the servers running the Site.
Taking any action to reverse engineer, decompile, disassemble, decipher, or otherwise attempt to derive the source code for the Site and/or its Content (unless and to the limited extent permitted by either: applicable law, or the terms of an open source licence to which the relevant technology is subject).
Uploading invalid data, or introducing viruses, trojan worms, logic bombs, or other software agents or materials through the Site that is malicious or technologically harmful.
Collecting or harvesting any Personal Data (as that term is defined in the Privacy Policy) from the Site, except as expressly permitted by certain features of the Site by those with authorised access to such features.
Reproducing, duplicating, copying, selling, trading, reselling, or exploiting for any commercial purpose all or any portion of the Site or any Content.
Transmitting spam, chain letters, or other unsolicited communications to us or any of our Users.
Impersonating another person or otherwise misrepresenting your affiliation with a person or entity, conducting fraud, hiding or attempting to hide your identity.
Interfering with the proper working of the Site.
Bypassing the measures we may use to prevent or restrict access to the Site, including without limitation, features that prevent or restrict use or copying of any content or enforce limitations on use of the Site or Content.
Disclosing or sharing login capabilities.
Framing or linking to any information or content on the Site.
Posting, uploading, or submitting any invalid, inaccurate, incomplete, or false biographical information or another person’s information.
Post or submit any material that is unlawful, illegal, defamatory, offensive, discriminatory, threatening, or obscene as determined by us.

d. Conduct that we allow, with restrictions

You may use the Site as permitted by these Terms.

We do allow operators of public search engines revocable permission to use spiders to copy materials from the Site for the sole purpose of, and solely to the extent necessary for, creating publicly available searchable indices of the materials, but not caches or archives of such materials.

e. Your actions matter

You are solely responsible for your interactions with other Site Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. We shall have no liability for your interactions with other Users, or for any User's action or inaction. We shall have no obligation to you to enforce these Terms against any other User.

f. Our rights

We may, without prior notice, change any aspect of the Site, stop providing the Site or features of the Site, or create usage limits for the Site (for paid products and services). We may permanently or temporarily limit, condition, terminate, or suspend your access to the Site or any features thereof, without notice and liability for any reason, including if, in our sole determination, you breach or violate any provision of these Terms, commit fraud or other abuse using the Site, or for no reason. Upon termination for any reason or no reason, you continue to be bound by these Terms.

4. Your Account creation and use

Although you may use many features of the Site without creating an account, some features require you to register a Job Seeker (defined below) or Employer (defined below) User account with us (each, an “Account”).

You will have to provide certain information about yourself as part of the Account registration process on the Site. All registration information that you submit should be truthful and accurate. If, for any reason, any information that you submit is or becomes untruthful, inaccurate and/or incomplete, you should immediately update that information to maintain its accuracy.

You are solely responsible for the activity that occurs under your Account. You are responsible for maintaining the confidentiality of your Account log-in information (including, for example, your password). You must exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other Personal Data. You understand and agree that your Account is personal to you, and you agree not to provide any other person with access to the Site using your username, or other security information. You agree to notify us immediately if you suspect or become aware of any unauthorised access or use of your Account or any other breach of its security.

You understand that even if you notify us, you will be fully responsible for all activities that occur under your Account. You also agree to ensure that you logout from your Account at the end of each session.

We reserve the right at any time, and from time to time, to disable or terminate your Account and/or your access to the Site in our sole discretion for any or no reason, including any violation of any provision of these Terms. Upon any such termination, all the provisions of these Terms shall continue to survive except for any provisions that grant you access to any of the Site. You agree that we will have no liability to you for any termination or suspension of your access to the Site or your account, or the deletion of information contained within such account.

By connecting to the Site using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For example, if you access the Site through Apple or Google, we will use the information provided to assist you in logging in. You agree that we are not liable for any Personal Data that is made available to us in violation of your privacy settings with the applicable third-party site.

5. Content on the Site

a. How you may use Content from our Site

We are the owner or the licensee of all rights (including Intellectual Property Rights (defined below)): (i) in our Site; and (ii) in any Content. The Site and the Content are protected by intellectual property laws and treaties around the world. All such rights are reserved.

You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status and/or that of any other identified authors as the authors of the Content must always be acknowledged.

You must not use any part of the Content on our Site for commercial purposes.

If you print off, copy, or download any Content or other part of our Site in breach of these Terms, your right to use our Site and its Content will cease immediately and you must, at our option, return or destroy any copies of the Content you have made or that have been made on your behalf.

b. Do not rely on the Content

The Content on our Site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content.

Although we make reasonable efforts to update the Content on our Site, we make no representations, warranties or guarantees, whether express or implied, that the Content is accurate, complete or up to date.

c. We are not responsible for websites we link to

Where our Site contains links to other websites and/or third-party content, these links are provided for your information and convenience only. Such links should not be interpreted as approval by us of those linked websites or any content you may obtain from them. We have no control over the content of those websites nor that content.

d. Content you share on the Site

The Site allows you to post, upload, provide, share, publish or otherwise make available (“Make Available”) Content that may be viewable by others, including, but not limited to, job advertisements (each, a “Job Ad”), screening requirements, screening questions, screening criteria, company information, a job seeker’s application information, CVs/resumes, logos, trademarks, reviews, ratings, testimonials, photographs and/or video footage, comments, questions, and other content or information (collectively, “User Content”).

User Content is the sole responsibility of the person or entity that provided the User Content. You shall be solely responsible for your User Content and the consequences of posting, providing, or publishing it.

You must ensure that you have the unrestricted right to publish and share any User Content that you Make Available on or via our Site, and that such User Content should not infringe any right (including any Intellectual Property Rights) of any third party. You warrant (on an ongoing basis) that you have the full right and entitlement necessary to Make Available any User Content you Make Available on or via our Site. If any point you become aware, or have a reasonable suspicion, that the warranty in this provision is or may untrue, you agree to: (i) take all necessary steps to remove such User Content from our Site; and (ii) notify us immediately by email at hello@breakroom.cc.

e. Prohibited types of User Content

You acknowledge and agree that any User Content you Make Available on or through our Site must not:

be obscene, offensive, hateful, libellous, or inflammatory;
be threatening, profane, harmful, abusive, incite violence, or otherwise objectionable;
harass, upset, humiliate, or embarrass any person, or be invasive of personal privacy or publicity rights;
promote violence or discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
breach any law or legal duty to any person;
create a risk of harm to any person or property;
promote or incite any party to commit, or assist any unlawful or criminal act, including providing instructional information about illegal activities;
contain any information or Content that is false, misleading, or otherwise deceptive, or otherwise deceive or intend to deceive any person;
constitute unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (e.g., spam or junk mail), or otherwise involve the transmission of phishing, scamming, or other unwanted communication;
be defamatory of any person;
identify any person by their full name or use their contact information, without their prior consent;
impersonate any person, or misrepresent your identity or affiliation with any person;
target or solicit Personal Data from anyone under the age of 16 or the age of majority in the jurisdiction in which they reside;
give the impression that the User Content emanates from us or our partners (including third party licensors of any Content);
contain any information or Content that you do not have a right to Make Available under any law or under contractual or fiduciary relationships;
contain any advertising or promote any services or web links to other sites; and/or
violate the Intellectual Property Rights (as defined below) or rights of privacy of any third party. For the purposes of these Terms, "Intellectual Property Rights" means patent rights, copyright rights, mask work rights, moral rights, rights of publicity, trademarks, trade dress and service mark rights, goodwill, trade secret rights and any other intellectual property rights as may now exist or hereafter come into existence, and all applications therefore and registrations, renewals and extensions thereof, under the laws of any state, country, territory or other jurisdiction.

The above list is intended to be illustrative of the types of User Content that are prohibited, but this is not an exhaustive list.

You acknowledge that we have no obligation to pre-screen User Content. However, we reserve the right to pre-screen, display, refuse or remove any User Content in our sole discretion.

In addition, if you are an employer or business customer that has a claimed profile on the Site, has signed up for an Account (e.g., free version or subscription), or otherwise provides or submits Job Ads (“Employer”), you further agree that such Content will not contain any Personal Data.

You are solely responsible for securing and backing up any of your User Content. We have no responsibility for, nor any liability arising out of:

the deletion or accuracy of any User Content; or
the failure to store, transmit or receive transmission of User Content.
If you wish to complain about any User Content uploaded by other users, please email us at hello@breakroom.cc

f. We may use and share your User Content

You acknowledge and agree that any User Content that you Make Available on or via our Site will be considered non-confidential and non-proprietary, and that we may use, modify, display, and share such User Content as we see fit (including for commercial purposes), subject always to these Terms. We may also anonymise and/or aggregate your User Content with content provided by other users of the Site.

You retain all of your ownership rights in your User Content, but you grant us a perpetual, irrevocable, worldwide, non-exclusive, royalty-free, transferable, sublicensable licence to use, store, modify, display and copy that User Content, and to distribute and make it available to third parties for any purpose.

You warrant (on an ongoing basis) that you have the full right and entitlement necessary to grant us the licence outlined above.

g. We make no warranties or obligations

We make no representations, warranties, promises or guarantees regarding any Content provided or generated by third parties, including, without limitation, the content of messages, Job Ads, and CVs/resumes.

You agree that we act as a passive conduit for the distribution, provision, and publication of User Content, and have no obligation to screen or verify the accuracy, legality, legitimacy, reliability, truthfulness, or completeness of User Content, and accordingly, you accept that we are not responsible and have no liability, for User Content. You understand that you may be exposed to User Content that is inaccurate, incomplete, illegal, misleading, false, offensive, constitutes spam, or is otherwise unsuited to your purpose, and you accept that it is your responsibility to verify the quality, accuracy, truthfulness, legality or reliability of User Content, including, without limitation, CVs/resumes and Job Ads and content of messages. Your reliance on any User Content is at your own risk.

Notwithstanding the foregoing, although we have no obligation to screen User Content, to the extent that we become or are made aware of, User Content that may or does (as determined in our sole discretion): (i) violate these Terms or any other agreement you have with us, (ii) violate any law or regulation, (iii) violate the rights of third parties, or (iv) create potential liability for us or otherwise negatively impact us, we reserve the right to reject and/or remove such User Content, and suspend and/or terminate any User Account associated with such User Content.

h. We operate as an online service provider

We operate as an online service provider and we provide or make available access to third-party user generated content. Our decision to remove or to not post or distribute any User Content does not by itself amount to participation in the creation of such User Content. To the fullest extent permitted by applicable law, we shall not be held liable on account of any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable.

i. User interactions and assumption of risk

You acknowledge and agree that we do not, and cannot, confirm that each User is who he/she/they claim to be. We are not responsible for authenticating Users and therefore it is your responsibility to conduct the appropriate due diligence before communicating or interacting with other Users, including, without limitation, job seekers, employers, staffing agencies, and recruiters. You assume all risks associated with Users with whom you come into contact.

If you have any disputes or issues with any User you agree to pursue any remedies directly with the applicable User and you release us, our parent company, affiliates and subsidiaries, and their respective employees, directors and agents from all claims, demands and damages of every kind (actual and consequential and direct and indirect) known and unknown, suspected and unsuspected, disclosed and undisclosed, to the fullest extent permitted by law.

j. We may disclose User Content

We reserve the right to disclose User Content and any information related to the provider of such User Content, to third parties in connection with the operation and provision of the Site, to enforce the these Terms and terms of any other agreement that we have with you, to comply with legal obligations and requests from governmental authorities, law enforcement agencies, court orders, subpoenas, etc., and to protect our interests, where necessary. For the avoidance of doubt, you agree that we have the right to disclose your identity to a third party who is claiming that any User Content you posted, provided or uploaded is fraudulent, false, or misleading or constitutes a violation of the law, or a violation of their Intellectual Property Rights, ownership rights, or of their right to privacy.

k. Rules about linking to our Site

You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any website that is not owned and/or operated by you. Our Site must not be framed on any other site.

We reserve the right to withdraw linking permission without notice.

6. You are granting us a licence to User Content

By posting, submitting, providing and/or otherwise making available any User Content, you expressly grant, and represent that you have a right to grant, to us, a royalty-free, sublicensable (through multiple layers of sublicensees), perpetual, transferable, non-exclusive, worldwide licence to use, sell, reproduce, adapt, translate, sublicense, publicly perform, publicly display, and make derivative works from and otherwise exploit, all such User Content in whole or in part, and in any form, media or technology, whether now known or hereafter developed, for the purposes of posting such User Content on the Site, distributing such User Content through our Distribution Channels (as defined below, and only if we elect to do so in our sole discretion), and to promote our Site and services. This licence continues even if you stop using the Site.

If you are an Employer, you acknowledge and agree that we have no obligation, and may be unable, to remove your Job Ads and other Content (including any logos and/or trademarks contained therein) once they have been: (i) distributed via our Distribution Channels (if applicable); (ii) listed in search engine results; (iii) distributed on websites and in job alert emails; or (iv) incorporated into fixed media displays of us or any third party, and in each case (i) to (iv) above, the licence grant from you above will be perpetual and irrevocable for such uses. To the extent your User Content is a trademark, trade name, service mark or service name protected by law, the foregoing licence also extends to the use by us to identify you as a User of the Site in any promotional and marketing materials to promote us and our Site. Further, to the extent you have given us the right to access certain User Content that is present on another website or service you own or control, you give us the right to scrape such website as required to retrieve such User Content for use on the Site as contemplated in the licence grants above.

You represent and warrant that you have the right, power and authority necessary to grant the rights described in this section to User Content that you submit, provide, make available or post, via the Site, that the use by us of your User Content will not violate any law or infringe the rights of any third party, and that your User Content and any other information that you provide to us is legal, complete, legitimate, truthful and accurate.

7. Our proprietary rights

As between you and us, the Site and all materials therein or transferred thereby, including, without limitation, software, images, text, graphics, illustrations, logos, patents, trademarks, service marks, copyrights, photographs, audio, videos, music, and Content (collectively, the, "Breakroom Content"), and all Intellectual Property Rights related thereto, are the exclusive property of us. Except as explicitly provided herein, nothing in these Terms shall be deemed to create a licence in or under, any such Intellectual Property Rights, and you agree not to sell, licence, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Site. Use of the Breakroom Content or materials on the Site for any purpose not expressly permitted by these Terms are strictly prohibited.

If you participate in any evaluation regarding the Site or otherwise provide us with any suggestions, comments, ideas, opinions, recommendations for the modification, correction, improvement, or enhancement of the Site, or other feedback regarding the Site (collectively, "Feedback"), you agree that we shall own such Feedback. Accordingly, you understand and accept that we will be free to use, disclose, reproduce, licence or otherwise distribute, commercialise and exploit the Feedback as we see fit, entirely without obligation or restriction of any kind and without compensation to you. To the extent applicable, you hereby waive any moral rights in your Feedback. You agree not to provide any Feedback that is false or misleading or that breaches any agreement you have with a third party.

8. Specific terms that apply to Job Seekers

If you use the Site to create a job seeker account, search for or apply to Job Ads, register for Job Alerts, upload your CV or resume, leave a rating or review, or search for an employer profile or review, we refer to you as a "Job Seeker". For purposes of these Terms, references to “CV” or "resume" shall also mean a curriculum vitae, profile, references, recommendations, and other similar written overviews or assessments of a person's experience and qualifications.

a. Job applications

By applying to a Job Ad on the Site, you agree to us storing your information on the Site and/or share your information (including your CV/resume), with the entity that posted the Job Ad.

Once you submit a job application, your CV/resume and other applicable information will be shared with the entity that posted the Job Ad. You should therefore ensure that the information you provide is complete and accurate, and only contains information that you are comfortable sharing.

If you apply to a Job Ad using the Site, you accept that we do not guarantee that the recipient entity will receive, access, view, or respond to your requests or job applications, or that the transmission of data will be error-free. Any screener questions provided by the entity posting a Job Ads are entirely in the control of that entity and if you require alternate screener questions or an alternate application process, you must contact the applicable entity directly.

IMPORTANT: It is your responsibility to ensure that the resume associated with your Account is always updated, current and accurate before you apply to a Job Ad so an employer receives the most up-to-date information about you. In order to delete or edit your profile, please go to the Profile settings in your User account.

b. Job Alerts

You can sign up to receive Job Alerts. You may unsubscribe from Job Alerts at any time by clicking on the unsubscribe link in your job alert email. You can also contact us at hello@breakroom.cc, if you need assistance.

c. Interactions with other Users

You are solely responsible for your interactions with Users whom you contact or who contact you.

Note: there are risks, including, but not limited to, the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretences. You should therefore use caution with regard to the information you elect to share as part of your job application or CV/resume. Only list the contact information that you are comfortable disclosing.

You should always conduct your own due diligence on potential employers and Job Ads that may be of interest to you.

9. Specific terms that apply to Employers

As an Employer, depending on your package or subscription, you can use the Site to: (i) create and use an Employer Account; (ii) post and/or distribute Job Ads on behalf of yourself and/or a third party; (iii) reply to reviews about your company (“Reviews”); (iv) create a quiz for your employees; and/or (v) view and download information about your company’s findings, your competitor's findings, the number of application starts, and other brand view information.

a. Content Rules

With respect to all User Content that you Make Available, whether on your own behalf or on behalf of a third party, in addition to the other requirements in these Terms, you represent and warrant that: (i) the content of User Content and/or Job Ads (whether owned by you or your clients), will comply with advertising standards and applicable laws, including, but not limited to, employment and privacy laws, in your jurisdiction and the jurisdictions in which the vacancies are located; (ii) you have the necessary rights to permit the publication and use of User Content by us pursuant to these Terms; (iii) the use, reproduction, distribution or transmission of User Content will not violate any applicable laws or any rights of any third parties, including, but not limited to, infringement of any copyright, trademark, or other proprietary right, false advertising, defamation, any other right of any person or entity; (iv) all User Content shall comply with the then-current versions of these Terms; and (v), you have the authority to grant us permission to wrap or collect Job Ads from applicable websites if necessary, to include in distributions and any such wrapping will not cause us to violate the rights of any third party. You acknowledge and agree that you are solely responsible for any liability arising out of publication of User Content or material to which users can link though such User Content. You hereby indemnify and hold us and our subsidiaries, parent company, affiliates, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with User Content provided by you or any other content provided by you, or your breach of these Terms.

You agree not to post or promote any User Content that: (i) contain inaccurate, false, or misleading information; (ii) contain "hidden" keywords or keywords that are irrelevant to the job opportunity being presented; (iii) sell, promote or advertise products or services; (iv) endorse a particular political party, political agenda, or political position or promote a particular religion; (v) advertise job openings located in countries subject to economic sanctions of the European Union, except where permitted by applicable law; (vi) require the applicant to provide information relating to his/her (a) racial or ethnic origin, (b) political beliefs, (c) religious beliefs, (d) membership of a trade union, (e) physical or mental health, (f) sexual life, (g) the commission of criminal offences or proceedings, or (h) age, except as permitted under applicable law; (vii) contain content or links to content that exploit people in a sexual, violent or other manner, or solicits Personal Data from anyone under the age of 13; (viii) includes any screening requirement or criteria where such requirement or criteria is not a bona fide occupational requirement for the role; (ix) involves any franchise, pyramid scheme, "club membership", distributorship, or multi-level marketing opportunity or requires recruitment of other members, sub-distributors or sub-agents; (x) requires applicants to pay to apply, pay for training, pay for training materials, or pay for samples; (xi) contain content that violates applicable laws; (xii) pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the Job Seeker would be selling, in which case such Job Ads are permissible); (xiii) requires citizenship or lawful permanent residence in a country unless that is required in order to comply with law, regulation, or a federal, state or local government contract; or (xiv) contain links to any site competitive with ours other than to an actual job posting.

Additionally, User Content and/or Job Ads must comply with applicable local, national and international laws, and regulations including, but not limited to, those relating to labour and employment, and anti-discrimination (or the equivalent in the country that the User Content and/or Job Ads are made available, posted or distributed).

REPORTING VIOLATIONS OF THE CONTENT RULES: If you believe that any content on our Site violates these Content Rules, please contact us at hello@breakroom.cc and state the following in the subject-line of your email: Violation of Content Rules. For content that allegedly violates your Intellectual Property Rights, please see Section 12 below.

b. Publication and distribution of Job Ads

By submitting Job Ads to us, you agree that we are under no obligation to accept, publish, or distribute your Job Ads. We may require some Job Ads and/or Employers to be reviewed and/or verified to prevent fraud or abuse of the Site or Services (defined below), improve our Site, or for any other reason at our sole discretion. In addition, we may publicly disclose the number of Job Ads that you have posted during any time period of measurement.

We may (in our sole discretion) distribute Job Ads to third-party services, publishers, job boards and/or other entities in our distribution network, or in job alert emails (where a Job Seeker has opted-in to receive such alerts, where applicable) (collectively, "Distribution Channels"); provided, however, that we have sole discretion in determining which (if any) Distribution Channels the Job Ads may be placed. If we elect to distribute your Job Ad via a Distribution Channel, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Ads will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by a Job Seeker. If the foregoing is applicable, you accept that entities in the Distribution Channels have no obligation to use or display a Job Ad and may reject a Job Ad for any reason or no reason, whether you are on a paid job subscription plan, or a trial or free subscription. You agree that we are not liable to you or any third party if your Job Ad is rejected or not posted, and you will not be entitled to any refund for Job Ads not posted or distributed. By submitting a Job Ad, you give us permission to distribute that Job Ad in the Distribution Channels (as determined in our sole discretion) and on our Site.

We do not guarantee any responses, or the number of responses, to your Job Ads, including, without limitation, views, clicks, or applications, or that any responses will be from individuals suitable for the job vacancy you advertised. We make no guarantee as to the quality of candidates that you will receive as a result of your Job Ads. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, and if applicable, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Ads to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Ads.

c. Use of Data

You agree that you shall not use any CV/resume that is Made Available to you through this Site, or its contents, to market or sell products or services to the data subjects whose CVs/resumes you have been sent through the use of the Site. We reserve the right to suspend or terminate your access to the Site or terminate these Terms in the event of any non-compliance with these Terms or any other agreement you have with us. You shall remain primarily responsible for ensuring that your authorised Users comply with these Terms. You accept that we do not verify whether any telephone number contained within a CV/resume is a landline or a cell phone number, and it is your responsibility to ensure that any communication with the data subject of the CV/resume is in compliance with applicable laws related to telephone calls, automated dialling, SMS, spam, fax, and unsolicited communications.

You represent, warrant and promise that: (i) you will use the Personal Data contained within any resumes/CVs obtained or accessed through the Site (collectively, "Data"), in accordance with applicable communication, privacy and data protection laws; (ii) you shall not further disclose any Data to a third party, unless you are an authorised recruitment agency, staffing agency, or job advertising agency acting on behalf of an Employer, and you are accessing the resumes/CVs to source candidates on behalf of your clients for legitimate employment purposes; (iii) you will implement appropriate physical, technical, and administrative measures to protect Data from loss, misuse, unauthorised access, disclosure, alteration or destruction, and you will notify us immediately in the event of any suspected or actual unauthorised access or disclosure of CVs/resumes; (iv) authorised Users shall not share login credentials with any other party; (v) you will not use the contact information from resumes/CVs to send unsolicited mail, e-mails, phone calls, SMS, or faxes regarding promotions and/or advertising of your or a third party’s products or services, or to contact or source job seekers for careers fairs and business opportunities; and (vi) you will respect the privacy choices of Job Seekers.

d. Job Seekers

We may inform Job Seekers that you have taken an action with respect to a resume/CV or a job application. You agree to deal fairly and professionally with individuals who may respond to your Job Ads and agree to indemnify us from and against any claim brought by an individual against us arising from your breach of these Terms or any other agreement you have with us.

e. Providers of Job Ads from the United Kingdom

You confirm that the content of all Job Ads you submit or provide, shall comply with the Data Protection Act 2018, the Equality Act 2010, and applicable laws relating to anti-discrimination and the Code of Practice on Employment provided by the Equality and Human Rights Commission, which is currently available at: https://www.equalityhumanrights.com/en/publication-download/employment-statutory-code-practice.

In addition, if you are an employment agency or an employment business (as defined by the Employment Agencies Act 1973), you promise to comply with the provisions of the Conduct of Employment Agencies and Businesses Regulations 2004 (the "Regulations") and the Employment Agencies Act 1973.

f. Data Protection

You agree to implement appropriate physical, technical, organisational, and administrative measures (a) to prevent unauthorised or unlawful processing of any Personal Data; (b) to protect Personal Data against accidental loss, destruction or damage; (c) to include taking reasonable steps to ensure the reliability of the personnel having access to the Personal Data; and (d) having regard to the state of technological development and the cost of implementing those measures so as to ensure a level of security appropriate to: (i) the harm that may result from breach of those measures; and (ii) the nature of the Personal Data to be protected. You agree to comply with applicable data protection and privacy laws and regulations in applicable jurisdictions particularly as they relate to your operations and the residency of the applicable data subjects. You further agree to indemnify, hold harmless, and defend us at your own expense against all costs, claims, damages or expenses incurred by us for which we may become liable due to any failure by you or your personnel or agents to comply with any of your obligations under this section and applicable data protection and privacy laws and regulations.

g. Using an ATS or Other Partner Platform

If you use an applicant tracking system (“ATS”), you understand and agree that to the extent any Personal Data transferred to the ATS falls within the scope of the General Data Protection Regulation (GDPR) or any applicable data protection law, the ATS is processing the Personal Data on your behalf pursuant to a written agreement between you and the ATS that includes all terms necessary for the applicant tracking service to qualify as your data processor as that term (or similarly used terms) are defined under the GDPR or applicable data protection law.

10. Specific terms that apply to paying Employers

EXCEPT AS OTHERWISE PROVIDED IN A WRITTEN AGREEMENT BETWEEN YOU AND US, THE FOLLOWING TERMS WILL APPLY TO EMPLOYERS USING PAID SERVICES.

a. Billing Policies

Certain aspects of the Site may be provided for a fee. If you are an Employer and elect to use a paid feature of the Site, you agree to the pricing and payment terms for the applicable services (“Services”), as we may update them from time to time. We may (1) add new services and products for additional fees and charges, at any time in our sole discretion, or (2) amend fees and charges for existing services, at any time in our sole discretion upon notice.

If you reasonably dispute any portion of an invoice, you must pay the undisputed portion of the invoice and submit written notice of your dispute (with sufficient detail of the nature of the dispute, the amount and invoices in dispute and information necessary to identify the affected Service(s)) for the disputed amount.

In the event that the dispute is resolved against you, you shall pay such amounts plus interest at the rate referenced in Section 10(c) below.

b. No Refunds for Paid Services

You understand and accept that, to the fullest extent available under applicable law, you will not receive a refund of any pre-paid fees if you cancel, terminate, or decide to no longer use of the paid Service, prior to the expiration of those services (for example, if you hire a candidate prior to the expiration of your job posting). In the event that we suspend, limit, condition, or terminate your access to the Services and/or your Account due to your breach of these Terms or any other agreement that you have with us, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay us the entire fees due for the product or service, as applicable.

c. Payment Information; Taxes; Delinquent Payments

All information that you provide in connection with a monetary transaction must be accurate, complete, and current. You will also pay any applicable taxes relating to such transactions. If at any time we are required by a taxing authority to pay any taxes not previously collected from you, you will promptly submit such taxes (including applicable penalties and interest, if any) to us upon written notice.

If you elect to enhance your job posting with certain upgrades, we will invoice you for such upgrades accordingly.

Delinquent payments may bear interest at the rate of one-and-one-half percent per month (or the highest rate permitted by law, if less) from the payment due date until paid in full. You will be responsible for all reasonable expenses (including legal fees and expenses) incurred by us in collecting delinquent amounts, except where the delinquent amounts are due to billing inaccuracies. In addition, if you are late in payment of any fees, we reserve the right to immediately suspend or terminate your access to the applicable Services without notice, and in the event of any such suspension or termination, you will remain responsible for the entire amount of fees owing for such Services. Unless your subscription plan is terminated timely and correctly, you will continue to accrue charges even if you don’t use the subscribed Services.

d. Suspension or Termination

(i) Suspension or Termination for Cause. We may suspend or terminate your access to the Services and/or these Terms in the following instances: (1) if you breach these Terms and cannot correct the breach within that period required by us if the breach is capable of cure; (2) immediately, if you fail to pay any monies owed to us for paid Services; (3) immediately if you become the subject of a bankruptcy, insolvency, receivership, liquidation, assignment for the benefit of creditors or similar proceeding; (4) immediately in the event of violations of these Terms; (5) for any abuse, inappropriate behaviour, or other conduct, which in our sole discretion adversely affects or has the potential to affect us, our employees or users of our Services; (6) immediately if you send excessive, disruptive, deceptive, or abusive communications to another User by mail, email, text, phone, or other mode of communication (as may be determined in our sole discretion), regardless if such communication takes place on or off the Services; (7) immediately if you in any way disclose, transfer, or sell any data within a User’s CV/resume or profile to a third party, except as expressly permitted by these Terms; and/or (8) immediately, if you charge, or attempt to charge, a Job Seeker any money to review or otherwise proceed with the hiring process after such Job Seeker submits a job application on the Site. In the event of any suspension of your access to the Services, Site, and/or termination of these Terms or any other agreement you have with us (other than a termination for convenience by us), you remain responsible for the entire amount of the fees (pre-paid and/or due), for the applicable Services, and you will not receive a refund of any prepaid fees. We may also suspend your access to the Services without penalty and without notice, in the event of a suspected violation of these Terms. In the event your access to the Services is terminated for cause in accordance with clauses (5), (6), (7), (8) above, you shall further be prohibited from signing up for or using any other User account, free trial, or paid service on the Services.

(ii) Suspension or Termination for Convenience. We can terminate your access to the Services and/or these Terms for convenience via email notification to you and, in the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to Services that will not be provided as a result of the termination.

(iii) Your Termination Rights. You may terminate these Terms if we materially breach these Terms and do not cure the breach within ten (10) days after receipt of written notice from you, which notice must be emailed to: hello@breakroom.cc. Pre-paid fees are non-refundable, except in the case of an uncured material breach by us (and in the absence of any contributory act and/or omission to act by you), in which case you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current subscription plan.

11. Privacy and security

Please refer to our Privacy Policy for information regarding how we collect, process, share and store your Personal Data. Capitalised terms defined in the Privacy Policy and used in these Terms shall have the same respective meanings as set forth in the Privacy Policy, unless clearly otherwise defined in these Terms.

Unfortunately, the transmission of information over the Internet is not completely secure and we cannot, therefore, guarantee that unauthorised third parties will never be able to defeat our security measures or use your Personal Data for improper purposes, or that our Site and the Content will be secure or free from bugs or viruses. You acknowledge that you provide your Personal Data at your own risk.

You are responsible for configuring your information technology, computer programmes and platform to access our Site and our Content. You should use your own virus protection software.

12. If you discover any infringing or illegal Content

If you believe in good faith that any Content on the Site is illegal or infringes your or a third party's Intellectual Property Right or you wish to make us aware of any other illegal or infringing acts which relate to the Site, you can contact us via email at: hello@breakroom.cc.

Any notice to us must contain:

a detailed description of the infringing or illegal material or activity including why it is infringing or illegal;
a detailed description specifying the location of the material that you claim is infringing or illegal (if applicable); and
your name, address, telephone number and e-mail address.

13. We do not make any warranties

a. Disclaimer of warranties

We will not be liable to you for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Site or on any website linked to it.

We do not make any representations, warranties or guarantees, whether express or implied, that the Content on the Site, including User Content, is accurate, complies with applicable laws, is current and up-to-date, is fit for your particular use, does not infringe any third party’s Intellectual Property Rights, or is truthful.

To the maximum extent permitted by law, we exclude all conditions, warranties, representations or other terms which may apply to the Site or any Content on it, whether express or implied.

We are not liable and not responsible for authentication or verification of any Users, including, without limitation, employers, recruiters, staffing agencies, or Job Seekers, or the authentication or verification of the veracity, accuracy, completeness, legitimacy, legality or truthfulness of User Content including, without limitation, ratings, reviews, Job Ads and CV/resumes.

b. Universal disclaimer

WE DO NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY TO YOU, AND WE WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.

WE DO NOT WARRANT THAT YOUR USE OF THE SERVICES WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.

Nothing express or implied in these Terms are intended to confer, nor shall anything herein confer, upon any person other than the parties and the respective permitted successors or assigns of the parties, any rights, remedies, obligations or liabilities whatsoever, including pursuant to the Contracts (Rights of Third Parties) Act 1999.

14. Our responsibility for loss or damage suffered by you

If you are a Job Seeker, acting as a consumer and resident in the European Union or United Kingdom, and we negligently breach these Terms, we are responsible for loss or damage you suffer that is a foreseeable result of a breach by us of these Terms or as a result of the negligent breach by us. We are not responsible for any loss or damage that is not foreseeable.

Loss or damage is foreseeable if they were an obvious consequence of a breach by us or if they were contemplated by you and us at the time you agreed to these Terms. To the extent permitted by applicable law, we will not be liable for any indirect or consequential damages of any nature whatsoever, arising from your use of the Site or Services. If such clauses are prohibited pursuant to mandatory consumer laws of your country of residence, this limitation of liability will not apply to you.

You acknowledge and agree that, subject to the foregoing, we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, the Site; or
use of or reliance on any User Content displayed on the Site or accessed via the Services, including, but not limited to, Job Ads, resumes/CVs, content of messages, and other User Content.

If you are a Job Seeker, acting as a consumer and resident in the United Kingdom or European Union, we do not exclude or limit in any way its liability for:

death or personal injury caused by our negligence
fraud or fraudulent misrepresentation by us
your rights as a consumer under applicable law of the country in which you reside; and
any other liability that cannot be excluded or limited by applicable law

15. You and we agree to arbitrate any Disputes

IMPORTANT NOTE: THIS SECTION 15 DOES NOT APPLY TO USERS THAT ARE INDIVIDUALS ACTING AS A CONSUMER AND THAT ARE RESIDENTS IN THE UNITED KINGDOM, OR EUROPEAN UNION/EEA, OR SWITZERLAND (COLLECTIVELY, “UK/EUROPEAN CONSUMERS”).

Except for UK/European Consumers, these Terms contain an Arbitration provision, which will, with limited exception, require you to submit Disputes (defined below) you have against us to binding and final arbitration to the extent that the laws of the jurisdiction where you reside permit the inclusion of Arbitration provision in these Terms. You will only be permitted to pursue claims against us on an individual basis, not as a plaintiff or class member in any class or representative action or proceeding, and you will only be permitted to seek relief (including monetary, injunctive, and declaratory relief) on an individual basis.

If you are located in, are based in, have offices in, or do business in a jurisdiction in which this Section 15 is enforceable, the following mandatory arbitration provisions apply to you:

a. Binding Arbitration

This Section 15 is referred to in these Terms as the "Agreement to Arbitrate". Unless you opt-out pursuant to the opt-out procedures set forth below, you agree that any and all disputes or claims that have arisen or may arise between you and us or our affiliates, whether relating to the Site, these Terms (including any alleged breach thereof), or otherwise (each a "Dispute"), shall be resolved exclusively through final and binding arbitration, rather than a court in accordance with the terms of this Agreement to Arbitrate. Your rights will be determined by a neutral arbitrator, not a judge or jury. YOU UNDERSTAND THAT ABSENT THIS AGREEMENT TO ARBITRATE, YOU WOULD HAVE THE RIGHT TO SUE IN COURT AND HAVE A JURY TRIAL.

The arbitration shall be commenced and conducted under the Commercial Arbitration Rules of the American Arbitration Association ("AAA"), including the AAA's Supplementary Procedures for Consumer-Related Disputes, each available at www.adr.org, or such other alternative dispute resolution body and arbitration rules that may be mutually agreed upon by you and us. Your arbitration fees and your share of arbitrator compensation shall be governed by such rules. The arbitration may be conducted in person, through the submission of documents, by phone or online. The arbitrator must follow applicable law, and any award may be challenged if the arbitrator fails to do so. Except as otherwise provided in these Terms, you and us may litigate in court to compel arbitration, stay proceeding pending arbitration, or to confirm, modify, vacate or enter judgement on the award entered by the arbitrator. All aspects of the arbitration proceeding, and any ruling, decision or award by the arbitrator, will be strictly confidential for the benefit of all parties.

b. Restrictions

You and we agree that any arbitration shall be limited to the Dispute between us and you individually. To the full extent permitted by law, (1) no arbitration shall be joined with any other; (2) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to utilise class action procedures; and (3) there is no right or authority for any Dispute to be brought in a purported representative capacity on behalf of the general public or any other persons.

c. Exceptions to informal negotiations and Arbitration

You and we agree that the following Disputes are not subject to the above provisions concerning informal negotiations and binding arbitration: (1) any Disputes seeking to enforce or protect, or concerning the validity of, any of your or our intellectual property rights; (2) any Dispute related to, or arising from, allegations of theft, piracy, invasion of privacy or unauthorised use; and (3) any claim for injunctive relief.

d. 30 Day Right to opt out of Arbitration

You have the right to opt-out and not be bound by the arbitration provisions set forth in this Section 15 by sending written notice of your decision to opt-out to hello@breakroom.cc or to the mailing address listed in these Terms. The notice must be sent to us within thirty (30) days of your registering to use the Site or agreeing to these Terms, whichever occurs first, otherwise you shall be bound to arbitrate Disputes in accordance with the terms of those sections. If you opt-out of these arbitration provisions, we also will not be bound by them.

16. Breach of these Terms

When we consider that a breach of these Terms has occurred, we may take such action as we deem appropriate including, without limitation: (i) immediate temporary or permanent withdrawal of your right to use our Site or its Content, including deactivation and/or deletion of your Account; and/or (ii) immediate, temporary or permanent removal of any User Content uploaded by you to our Site; and/or (iii) taking legal action against you.

17. Information on Employment Agencies and Employment Business Regulations 2023 (Only for Users in the U.K.)

For the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003 (the, "Regulations"), Job Seekers and recruiters should be aware that we are not an employment business and operate as a venue only, and accordingly, does not introduce or supply work-seekers to recruiters (or vice versa). Accordingly, we do not, without limitation: (i) acquire sufficient information for potential recruiters to select a suitable Job Seeker for the position which the recruiter seeks to fill; (ii) acquire confirmation of the identity of a Job Seeker or that the individual has the experience, training, qualifications or authorization to work in the position to be filled or that they wish to undertake the role to be filled; (iii) verify that the Job Seeker and recruiter are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the work-seeker to fulfil the position to be filled; (iv) give any indication to recruiters whether a Job Seeker is unsuitable (or suitable) for any position to be filled in any circumstances; (v) propose a Job Seeker to a recruiter or provide any information about them other than in the course of hosting applications on the Site; (vi) take up any references in relation to a Job Seeker; or (vii) make any arrangements for accommodation of work-seekers.

Since we are only a venue and we do not propose or introduce Job Seekers to recruiters or vice versa, if you are a Job Seeker, you undertake the steps set out in the Regulations to ensure your suitability for the role advertised or, if you are a recruiter, to ensure a Job Seeker’s suitability for the role. These checks could include: (A) if you are a Job Seeker; checking the identity of the recruiter and the nature of its business, the commencement date and duration of the position, the position to be filled including type of work, location, hours and risks to health and safety, experience, training, qualifications and authorization which the recruiter considers necessary or are required by law or otherwise to undertake the position, whether any expenses are payable by you as a work-seeker or whether there are any requirements imposed by law or otherwise for you to satisfy before taking up a position; and (B) if you are a recruiter; checking the identity of the Job Seeker and that the Job Seeker has the experience, training, qualifications and authorization required by law or otherwise for the position and whether there are any requirements imposed by law or otherwise for you, as the recruiter, to meet to enable a Job Seeker to take up a position and additionally, where professional qualifications are required or where Job Seekers are to work with vulnerable persons or children, you should obtain copies of the relevant qualifications, background checks and references. Any searching or screening tools provided by us for use in your assessment of the suitability or otherwise of any particular candidate or advertised vacancy are to assist you in taking these steps, but are not intended as a substitute for your own verifications of the Job Seeker’s qualifications, work history and otherwise suitability for the position.

18. Other general matters

a. We may transfer our rights and obligations

We may transfer our rights and obligations under these Terms to another organisation — for example, this could include another member of our group of companies or someone who buys our business. If this happens, we will take reasonable steps to ensure that any such transfer does not affect your rights under these Terms.

b. Assignment

These Terms shall be personal to you, and you may not assign, transfer, sublet, lease or delegate all or any of your rights and obligations, without the prior written consent of our legal counsel. We can assign these Terms or delegate its obligations without restriction.

c. Governing law and jurisdiction

For all UK/European Consumers, these Terms will be interpreted in as follows:

Resolving Disputes without going to court: Alternative dispute resolution is an optional process where an independent body considers the facts of a dispute and seeks to resolve it, without you having to go to court. You can submit a complaint to us by emailing us at hello@breakroom.cc. We do not charge you for making a complaint and you're not satisfied with the outcome you can still go to court.
You can go to court: These Terms are governed by English law and wherever you live you can bring claims against us in the English courts. If you live in Wales, Scotland or Northern Ireland or another European jurisdiction, you can also bring claims against us in the courts of the country you live in. We can also claim against you in the courts of the country you live in.
If you are an individual located in the European Union, you may also choose to bring your dispute to the online dispute resolution portal of the European Commission, available here: http://ec.europa.eu/odr.

For all other Users that are not UK/European Consumers, these Terms will be interpreted in as follows:

Unless otherwise required by a mandatory law of a member state of the European Union, United Kingdom, or Switzerland or any other jurisdiction, or as per Clause 18(c) (I), (II) and (III), any disputes between us and you shall be governed by the internal substantive laws of the State of California, USA, without respect to its conflict of laws principles. The application of the United Nations Convention on Contracts for the International Sale of Goods is expressly excluded. An arbitrator shall not be bound by rulings in prior arbitrations involving different Users, but is bound by rulings in prior arbitrations involving the same User to the extent required by applicable law. Except as otherwise expressly provided in these Terms, all arbitration and other litigation in a court of competent jurisdiction of any dispute between you and us related to this Agreement shall be located in Los Angeles County, California, USA.

Prohibited Users:
You may not use the Site if you are a resident of a country embargoed by the United Kingdom, European Union/EEA, Switzerland, United States, or are a foreign person or entity blocked or denied by the United States government.

d. Our name is protected

The term ‘BREAKROOM’ is a registered trade mark in applicable jurisdictions. You are not permitted to use it without our approval, unless it is part of Content that you are using as permitted under and in accordance with these Terms.

e. Our relationship with you

Nothing in these Terms shall be construed as making either party the partner, joint venturer, employer, contractor or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorised in writing by the party to be bound.

Except as set out in these Terms, only you and us may enforce these Terms as this contract is between you and us; no other party shall be entitled to enforce the terms and conditions of these Terms.

f. Notification procedures

We may provide notifications, whether such notifications are required by law or are for marketing or other business-related purposes, to you via email notice, written or hard copy notice, or through conspicuous posting of such notice on our Site, as determined by us in our sole discretion. We reserve the right to determine the form and means of providing notifications to Users, provided that you may opt out of certain means of notification as described in these Terms. We are not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add hello@breakroom.cc to your email address book to help ensure you receive email notifications from us.

g. Entire agreement

These Terms, together with any written agreement bearing a signature by our authorised representative (sales representatives are not authorised representatives for these purposes) shall constitute the entire agreement and understanding between you and us concerning the Site.

h. Compliance with laws

You agree to comply with all applicable laws, regulations and ordinances in the use of the Site and the conduct of your activities.

i. Confidentiality

Pursuant to your use of the Site, you may receive information or be exposed to features and functionality that are not known or available to the general public, including, but not limited to, login credentials, technology, or other information or documentation relating to the Site ("Confidential Information"). You agree that: (a) all Confidential Information will remain the exclusive property of us; (b) you will use Confidential Information only as is necessary for your use of the Site and in accordance with these Terms; (c) you will not disclose Confidential Information to any third party; and (d) you will take all reasonable measures to protect the Confidential Information against any use or disclosure that is not expressly permitted in these Terms. You further agree not to share with, or otherwise disclose to, any third party, log-in credentials or any other mechanism that permits access to the Site.

j. Equitable relief

You acknowledge that a breach by you of any confidentiality or proprietary rights provision of these Terms may cause us irreparable damage, for which the award of damages would not be adequate compensation. Consequently, we may institute an action to enjoin you from any acts in violation of those provisions, which remedy shall be cumulative and not exclusive, and additionally, we may seek the entry of an injunction enjoining any breach or threatened breach of those provisions, in addition to any other relief to which we may be entitled at law or in equity.

k. No publicity

You shall not publicly disclose, issue any press release nor make any other public statement, nor otherwise communicate with the media, concerning the existence of these Terms or the subject matter hereof, or the relationship with us without the prior written approval of our legal department. You further agree not to misrepresent or embellish your relationship with us. You agree to refer to us any inquiry that you receive from the media or other third parties, concerning these Terms, the Site, and/or us.

l. Electronic contracting

Your use of the Site includes the ability to enter into agreements and/or to make transactions electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS, AND THAT YOUR INTENT TO BE BOUND BY ELECTRONIC SUBMISSIONS APPLIES TO ALL RECORDS RELATING TO TRANSACTIONS YOU ENTER INTO ON ANY OF OUR WEBSITES, INCLUDING NOTICES OF CANCELLATION, POLICIES, CONTRACTS, AND APPLICATIONS.

m. Miscellaneous

Any waiver of any provision of these Terms will be effective only if in writing and signed by our legal representative. No failure by us to exercise, or to delay in exercising, any rights hereunder shall operate as a waiver hereof, nor shall any single or partial exercise of any right hereunder by us to preclude any other or future exercise of that right or any other right hereunder by us. If any provision of these Terms is held invalid or unenforceable by a court of competent jurisdiction, such invalidity shall not affect the validity or operation of any other provision and such invalid provision shall be deemed to be severed from these Terms.

n. Modern Slavery Act Compliance (United Kingdom)

We are committed to improving our practices to combat modern slavery in our business by taking steps, as far as we are able, to ensure that our business and its supply chains are free from slavery and human trafficking. We do not permit or condone the use of forced or trafficked labour. Our service should only be used in compliance with the Modern Slavery Act 2015 and all applicable anti-slavery and human trafficking laws, statutes, regulations and codes of practice in force from time to time. You can report modern slavery as a member of the public by calling the modern slavery helpline on +44800 0121 700 (UK).