Terms & Conditions



Welcome, and thanks for using Careerfolio’s services and apps. When you use our products and services, you’re agreeing to our terms, so please take a few minutes to read through the Terms and Conditions below.

Note: You are entering into a legally binding agreement.

1. INFORMATION ABOUT US

Careerfolio is a limited company whose services are operated by Careerfolio Limited (“We”, “Us” or “Careerfolio”). We are registered in England and Wales under company number 13529730 and have our registered office at c/o, Hoxton Mix Limited, 86-90 Paul Street, London, EC2A 4NE. Our main trading address is 14 St James Place West, Plymouth, PL1 3AT.

2. PURPOSE

We offer a career and business networking platform for users to identify the relevant people, companies/organisations, and groups for resourcing opportunities. Resource on Careerfolio include knowledge, competencies, capabilities, expertise, skillsets, or techniques that can be employed legally to solve a problem for an individual, an organisation or a business entity. Resources can also include ownership based assets such as patents, copyrights, trademarks, tradenames, intellectual properties, financial resources and other tangible properties, which are legally permitted to be owned, transferred and used to solve a problem for an individual, an organisation or a business entity.  

Our mission is to connect the self-managed professional to resource opportunities that can unlock or enhance the economic potentials of their productive capacity. Our Services are designed to facilitate economic opportunity for our members by enabling you and other users to meet for resource exchange in a network of trusted and productive relationships.

3. ACKNOWLEDGMENT AND ACCEPTANCE OF THE TERMS OF OUR SERVICE

The content and services offered at our website www.careerfolio.co.uk (the ‘Site’), our mobile app (the ‘App’), and any associated sites from time to time, and any communications service (including the capability to contribute links and other information), or other interactive service that may be available to you on or through this Site (all of which together we call our ‘Services’), are provided to you under these terms and conditions of use (the ‘Terms’). These Terms together with the documents referred to in it form the entire agreement between you and Us and supersede all prior agreements between you and Us regarding the subject matter contained in these Terms.

IMPORTANT: BY USING ANY OF OUR SERVICES, YOU AGREE TO BE BOUND BY ALL OF THESE TERMS. USE OF OUR SERVICES INCLUDES ACCESSING, BROWSING, REGISTERING TO USE OUR SERVICES.

This “Agreement” includes this User Agreement and the Privacy Policy and other terms that will be displayed to you at the time you first use certain features (such as “Sign Up” “Create an account” “Create a free account today”), as may be amended by Careerfolio from time to time. If you do not agree to the Terms of this Agreement, do NOT click “Create an account” (or similar) and do not access or otherwise use any of our Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Agreement applies to both.

3.1 Eligibility to use our Services

You must be eighteen (18) years or older to use Careerfolio’s services. Use of the Services is void where prohibited. By using the Services, you represent and warrant that you have the right, authority, and capacity to enter into this Agreement and to abide by all these Terms.

3.2 Your password and account

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential and must not disclose it to any third party. You must immediately notify Careerfolio of any unauthorised use of your password or account or any breach of security. Careerfolio will not be liable for any loss, damage or other liability arising from your failure to comply with your security obligations or from any unauthorised access to or use of your account. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@careerfolio.co.uk.

3.3 Other applicable terms and conditions

These Terms refer to the following additional terms, which also apply to your use of our Services:

3.4. Changes to these Terms and Conditions

Careerfolio may change these Terms from time to time and at any time, and without giving you actual notice. Please check this page from time to time to take notice of any changes We make, as they are binding on you. By using the Services after We post any changes, you agree to those changes. If at any time you choose not to accept these Terms and Conditions, please do not use the Services or discontinue the use of the Services.

3.5 Notices and Service Messages

You agree for Us to use our websites, mobile apps, and email to provide you with important notices. These Terms apply to mobile applications as well. Also, you agree that certain additional information can be shared with us.

If the contact information you provide isn’t up to date, you may miss out on these notices.

You agree that we may provide notices to you in the following ways: (1) a banner notice on the Service, or (2) an email sent to an address you provided, or (3) through other means including mobile number, telephone, or mail. You agree to keep your contact information up to date.

3.6 Messages and sharing

When you share information, others can see, copy and use that information. Our Services may allow for messaging and sharing of information in many ways, such as your profile, groups, companies, resources, case studies, contributions, links to news articles, and websites. Information and content that you share or post may be seen by other users or, if public, by visitors to Careerfolio. Where we have made settings available, we will honour the choices you make about who can see content or information (e.g., sharing to a group instead of your network). Note that other activities, such as a stake in a particular relationship or sending a message, are by default private, only visible to the addressee(s).

We are not obliged to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.

4. DESCRIPTION OF SERVICES

Careerfolio exists as a networking platform for our members and users to identify and connect to resource opportunities that can unlock or enhance the economic potentials of their productive capacity in their career or business. With this goal in mind, Careerfolio provides users of the Services with a variety of online services, including but not limited to:

ONLINE CAREER IDENTITY NETWORK: An online career identity network founded to help members to showcase their talents in their profession, vocation, passion, and/or mission; to connect to each other; and to build productive relationships for career advancement.

BUSINESS NETWORK: An online business network to enable users to identify the appropriate targets or sources of specific services and resources, to connect with each other based on the commercial opportunities in those services and resources, and to build relationships around those services and resources to increase their productive capacity.

USER-GENERATED CONTENT. Uploaded or entered multimedia content developed by self-managed professionals across multiple sectors.

RESOURCE PROMOTION: A platform on which users can advertise or promote career or business-related resources to enable interested parties to find those resources. Users prospecting for career or business-related resources can search, identify and connect to resource promoters or advertisers on Careerfolio. For the avoidance of doubt, the terms of transfer of those resources will be between the resource promoter or advertiser and the party showing interest in the resource.  

OTHER FEATURES. You may also conduct various other activities through the Services. In order to use any feature of the Services not described above, you may be required to register for a free Careerfolio account. Careerfolio shall not be liable if for any reason the Services are unavailable at any time or for any period. Access and use of the Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond Careerfolio’s control.

5. USER-GENERATED CONTENT

You are solely responsible for any data, text, software, music sound, images, photographs, graphics, video, messages, files, information or other materials (‘Content’) which are transmitted, posted, or distributed by you via our Services, including but not limited to the contents of your e-mail communications, information, photos or images posted by you or posted to your profile page and information, photos, images, sound files or other Content posted by you in a group or other page.

We do not own or control the Content posted by users of the Services and do not guarantee the accuracy, integrity or quality of such Content.

You may be exposed to Content posted by other users of the Services that may be offensive, indecent or objectionable. Under no circumstances will We be liable in any way for any Content posted by any user of the Services or third party, including, but not limited to, liability for infringements of third party rights, any errors or omissions in any Content or for any loss or damage of any kind incurred as a result of the use of any Content posted, e-mailed or otherwise transmitted via the Services.

6. ADVERTISEMENT AND/OR PROMOTION OF RESOURCES

Where you create or post Content which advertises resources on our Services, you warrant and represent as follows:

Careerfolio exhibits resource advertisements on the Services for a period of 1 month and will automatically take down such advertisements after that period unless you indicate to us that you wish to extend by a further period. For clarity purposes, your obligation to take down or cancel the relevant resource advertisement through the platform if any such resource offer has been withdrawn or is no longer available remains throughout the period in which the relevant resource advertisement is exhibited on our Services.

Please note that under no circumstance do we guarantee that promotion or advertisement of resources via the Services will result in expression of interest from other parties.

7. GRANT OF LIMITED LICENCE

Subject to the below, all intellectual property rights existing in any content on the Platform or in the Platform software are exclusively owned and exercisable by Careerfolio.

You warrant and represent that you either (i) own all right, title and interest to your Content and to any likenesses contained in your Content or (ii) have the legal right to post such Content via the Services and to grant the licence to Us in the following paragraph and other rights referred to in these Terms.

You grant Us an unlimited licence for a perpetual, irrevocable, royalty-free, unrestricted, world-wide, non-exclusive, fully sub-licensable right and licence to use, reproduce, modify, adapt, publish, translate, distribute, perform and display your Content (in whole or part), worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed. Such licence enables Us to feature or use your Content via the Services and in promotional or marketing materials. You will remain responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of your Content.

You also warrant that any ‘moral rights’ in posted materials have been waived. You acknowledge and agree that the display or use of your Content shall be at our sole discretion and your Content may or may not be included on the Services for any reason or no reason at all.

8. CONDUCT AND CONTENT

The Services and any related services provided to you are provided solely for information, education, entertainment and organisational purposes.

These content standards apply to any and all Content which you contribute to our Services, and to any interactive services associated with them. You must comply with the spirit of the following standards as well as the letter. The standards apply to each part of any Content you provide as well as to its whole.

You acknowledge and agree:

We do not pre-screen, monitor, review or edit the Content posted by users of the Services. However, We and Our agents have the right (but not the obligation) at our sole discretion to refuse or remove any Content, in whole or part, that in our judgment does not comply with these Terms or is otherwise undesirable, inappropriate or inaccurate. We are not responsible for any failure, non-failure or delay in removing such Content.

You are responsible for the accuracy, copyright compliance, legality, decency and compliance with all applicable national and other laws, rules and regulations or any other aspect of such submitted material, including any Content or part thereof, or other communication to Us. You agree to immediately notify Us of any unauthorised use of the Services or any other breach of security that you know or suspect.

8.1 CONDUCT AND CONTENT – RESOURCES PROMOTION

You acknowledge and agree:

8.1.1 Resource details

All details of resources including, but not limited to, title, type, and details of resources, as well as the category and skill area of the resource must be entered into the resource creation page by the resource promoter. The accuracy of all such information is at all times the resource promoter’s responsibility. Failure to provide accurate resource details (including amendments to a resource if its availability, accessibility and affordability changes) will breach these Terms and may lead to the resource promoter’s account being terminated and Careerfolio will be entitled to seek compensation for any direct costs incurred as a result of incorrect resource information listed by the resource promoter on the resource page.

It remains the responsibility of the resource promoter, during the resource creation process on Careerfolio’s Platform, to select the appropriate category and skill area, and tags of relevant keywords that will make the resource discoverable by the ‘relevant’ users of Careerfolio’s Platform.

You must respond to all messages occasioned by your promotion of a resource on Careerfolio’s platform to ensure that all parties interested in your resource are given equal opportunities to access the resource.     

You must not refuse to give opportunity to any interested party who qualifies to access your resource based on the criteria set by you (including but not limited to price and age limits) unless they are in breach of your specific terms of access which the party had previously been made aware of.

Careerfolio may terminate a resource promoter’s account should the resource promoter sue Careerfolio to unlawfully transmit or publish any content from the resources page that is owned by Careerfolio or any third party without express consent, valid defence or a fair dealing exemption to do so. In particular, if you submit Content to the resources page, you must ensure that the content does not infringe the copyright or other rights of third parties (including, but not limited, to trade marks, confidential information, privacy or publicity rights). Careerfolio may from time to time use imagery from the resource promoter’s website or social media account to promote the resources promoter’s resources and by accepting the Terms the resource promoter allows Careerfolio to use this imagery.

8.1.1a Your own terms and conditions for interested parties

Resources are promoted to interested parties subject to Careerfolio’s Terms. However, the resource promoter may include their own terms and conditions (if applicable), including age restrictions, conditions of access or use, refund and exchange policy. If the resource promoter does have their own terms and conditions for parties interested in the resource, the resource promoter must inform the interested parties about their terms and conditions at the point of submitting the resource information for advertisement on Careerfolio.

8.1.1b Pricing of your resource

Resource promoters can promote their resources as free, at a fixed price (including but not limited to per unit and per period) or at a negotiable price. Where a resource promoter promotes a resource as free, at a fixed price (including but not limited to per unit and per period) or at a negotiable price, the conditions for such a ‘free’, fixed price per unit or period, or negotiable price should be clearly stated as required by Clause 8.1.1a above to enable interested parties make informed judgement on expressing their interest. Where a resource promoter expressly states the conditions of access to a resource as ‘free’, fixed price per unit or period, or negotiable price, under no circumstance shall the resource promoter change the conditions of access to the resource at the point of expression of interest by an interested party unless this change is mandated or sanctioned by law. Where there is no law sanctioning or mandating a resource promoter to change the conditions of access to a resource at the point of expression of interest by an interested party, any change will amount to a breach of Careerfolio’s Terms, and Careerfolio shall have a right to cancel, or take down the resource and terminate the account of the resource promoter.     

8.1.1c Transfer of resources

Careerfolio does not offer payment services for transfer (including but not limited to buying and selling) of resources on the Platform, it engages in matching resources on offer to those in need of the resources. Where Careerfolio enables a resource promoted on the Platform to be identified by interested parties, it is the responsibility of the resource promoter and the interested party to find the appropriate means to transfer the resource from the promoter to the interested party.  Careerfolio’s responsibility ends at the point where a contact between the resource promoter and the interested party has been established on Careerfolio’s Platform. 

9. FEES AND PAYMENT – THE SERVICES

This clause 9 only applies if you use part of the Service that you agree to pay Us for.

We will invoice you upon your use of the relevant part of the Service.

Where payment for the Service in whole or in part is required before the use of the Service, you must pay the sum on the invoice before you will be given access to use the Service. If you fail to make payment for the Service whose right of use follow from payment, you shall not be given the access to use that Service in whole or in part. 

Where payment for the Service follows the use of the Service, you must pay the amount invoiced within 30 days of the date of the invoice using one of the payment methods specified on the invoice.

If you fail to make payment by the due date, We may:

We currently provide our Site for free, but please be aware that if accessing them from a mobile device your carrier’s normal rates and fees, for text messages and data charges for example, will still apply.

10. CANCELLATION POLICY

We do not generally offer a refund on charges paid by you for the Services, nor do we offer credits where cancellation occurs before the end of a current subscription period.  So, other than as set out below, all one off payments and/or paid subscriptions (including resource promotion credits) are non-refundable after payment has been received from you.

We may provide a refund in the case of manifest error or mistake.

Further, nothing in these Terms will affect your right to a refund where you are entitled to one at law. This will depend on which jurisdiction you are in. If you are a citizen of the European Union or UK, you are entitled to a full refund for services purchased from us for 14 days after our contract is made provided that you have not used or started to use the services you have bought. If you have used only part of a pack at the time of cancellation, we will make a proportionate refund to you. The contract is made when payment is accepted and your subscription starts.

For all cancellation and refund issues, please contact admin@careerfolio.co.uk. If you wish to cancel or change the type of subscription account you have with us, you may do so at any time by emailing admin@careerfolio.co.uk. Please note: When cancelling your subscription account your ability to access any features enabled by such a subscription account will end as at the end of your current subscription period.

11. MODIFICATIONS TO THE SERVICES

We reserve the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Services or any related services (or any parts thereof) with or without notice. You agree that We shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services or any related services.

Please note that any of the content on the Services may be out of date at any given time, and we are under obligation to update it. We do not guarantee that the Services, or any Content on them, will be free from errors or omissions.

12. INTELLECTUAL PROPERTY RIGHTS AND VIOLATIONS  

12.1 Rights

The trade mark CAREERFOLIO is owned by Careerfolio Limited and is registered in the UK.

You acknowledge and agree that all information including but not limited to data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials, including Content contained in resource advertisements or information presented to you via the Services or by advertisers may be protected by intellectual property rights including but not limited to copyrights, designs, trademarks, service marks, patents or other proprietary rights and laws (‘Intellectual Property Rights’).

Careerfolio is the licensee or sole owner of the Intellectual Property Rights in the Services including the Content on the Services. You retain all rights, titles, and interests you have in and to the Content provided by you, subject to the rights granted to Us under clause 7 of these Terms. You agree to pay for all royalties, fees or other monies owed by reason of Content you post on or through the Services.

All individual articles, content, contributions and other elements that appear on the Services are also copyrighted works. In addition to abiding by any rights each author may have retained in connection with each such article, content or contribution, you must also abide by all additional copyright notices or restrictions contained in this Service.

Unless expressly permitted by Careerfolio or advertisers, you may not copy, reproduce, distribute, publish, enter into a database, display, perform, modify, create derivative works, transmit, rent, lease, sell, or in any way exploit any Content or any part of this Service.

Neither you nor any third party shall make use of the contents of the Services in any manner that constitutes an infringement of our Intellectual Property Rights that has not been expressly authorised by us.

Careerfolio reserves the right to limit your use of the Services, including the type of resources you can view and access. Careerfolio reserves the right to restrict, suspend, or terminate your account if Careerfolio believes that you may be in breach of these Terms or law or are misusing the Services.

12.2 Violations

We take Intellectual Property Rights issues seriously and provide the means to help you protect your intellectual property rights. In the event you have a complaint that your rights have been infringed, please call us or send full details of your complaint to admin@careerfolio.co.uk.

If you repeatedly infringe other people’s Intellectual Property Rights, we may disable your account.

13. INDEMNITY

You agree to defend, indemnify and hold Us, our affiliates, officers, directors, employees, representatives, successors and assigns, harmless from any and all claims, liabilities, costs and expenses, including reasonable legal fees, arising in any way from your use or misuse of the Services, or the uploading, posting, publishing, e-mailing, reproduction, distribution or transmission of any Content or other materials by you or users of the Services authorised by you, any resource, any breach of copyright, other intellectual property legislation, privacy or any other applicable law, any advertisement, marketing or promotion (other than any material produced by Careerfolio), including without limitation to the production and placement of fly-posters or any violation of these Terms by you (including, but not limited to, any claim that your Content infringes the rights of any third party).

14. PRESERVATION AND DISCLOSURE OF YOUR CONTENT

You acknowledge and agree that We may preserve your Content and may also disclose your Content (in whole or in part) and certain personal details if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary: (a) to comply with legal process; (b) to enforce these Terms; (c) to respond to claims that any of your Content violates the rights of third-parties; or (d) to protect Our and/or our users of the Services or the public’s rights, property, or personal safety of Us and our Site users or the public.

You understand that the technical processing and transmission of the Services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. We assume no responsibility for the deletion or failure to store your Content or other information submitted by you or other users of the Services to Us.

Any or all Content on the Services may be purged periodically at Our sole discretion. You acknowledge and agree that all Content you view, submit or post is at your own discretion and risk, including any reliance on the accuracy, completeness, or usefulness of such Content. You acknowledge that you may not rely on any Content created by Us or submitted to Us. You further acknowledge and agree that the views expressed on the Services do not necessarily reflect our views, and We do not support or endorse Content posted or submitted by you or any other user of the Services.

In operating the Services, We do not solicit nor do We wish to receive any confidential, secret or proprietary information or other material from you. Any such information or material submitted or sent to Us, will be deemed not to be confidential or secret. By submitting or sending information or other material to Us you represent and warrant that the information is original to you and that no other party has any rights to the material, and that the material and information will not violate any of the prohibitions set out in these Terms.

15. LINKED SITES

You may be able to link to third parties’ sites (‘Linked Sites’) from the Services. Linked Sites are not, however, reviewed, controlled, or examined by Us in any way and We are not responsible for the content, availability, advertising, products or other materials of any such Linked Sites, or any additional links contained therein. These links do not imply Our endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the appropriate terms of service of the Linked Sites as well as with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained thereon. In no event shall We be liable, directly or indirectly, to anyone for any loss or damage caused by or in connection with use of the Linked Sites or the information or material accessed-through these Linked Sites. You should direct any concerns to that site’s administrator or webmaster. We reserve the exclusive right, at Our sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Services and/or to introduce different features or links to different users of the Services.

SPECIAL NOTICE: LINKED SITES MAY CONTAIN CONTENT AND GRAPHICS THAT MAY BE OFFENSIVE, INCLUDING BUT NOT LIMITED TO MATERIAL DEPICTING VIOLENCE, SEXUALLY EXPLICIT MATERIAL AS WELL AS OTHER MATERIAL THAT MAY BE UNSUITABLE FOR MINORS. IF YOU ENTER THESE LINKED SITES, YOU ASSERT THAT YOU ARE OF LEGAL AGE IN YOUR JURISDICTION TO VIEW SUCH MATERIALS AND THAT THE VIEWING, READING, AND/OR DOWNLOADING OF CONTENT FROM THESE LINKED SITES DOES NOT VIOLATE THE COMMUNITY STANDARDS OF YOUR LOCALITY, CITY, TOWN, COUNTY, STATE, PROVINCE, COUNTRY OR OTHER COMMUNITY TO WHICH YOU BELONG, AND/OR FROM WHICH YOU ACCESS THESE LINKED SITES.

Permission must be granted by Us for any type of link to the Services. To seek our permission, you may write to Us at admin@careerfolio.co.uk. We reserve the right, however, to deny permission to link to the Services or rescind any permission previously granted by Us to link through any type of link, and to require termination of any such link to the Services, at our discretion at any time.

16. DEALINGS WITH ADVERTISERS & PROMOTERS

Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Services, including payment and delivery of resources or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that We shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Services.

17.  DATA PROCESSING

17.1. For the purposes of this clause the following defined terms shall have the following meanings:

17.1.1 “Data Protection Law” shall mean a) General Data Protection Regulation ((EU) 2016/679 (“GDPR”), read in conjunction with and subject to any applicable UK national legislation that provides for specifications or restrictions of the GDPR’s rules; or (b) from the date of implementation, any applicable legislation that supersedes or replaces the GDPR in the UK or which applies the operation of the GDPR as if the GDPR were part of UK national law, which may include the Data Protection Act 2018; and

17.1.2 “personal data”, “controller”, “processor”, “data subject”, and “processing” (and other parts of the verb “to process”) shall have the meaning set out in the Data Protection Law.

17.2 Each party shall comply at all times with Data Protection Law and shall not perform its obligations under these Terms in such a way as to cause the other to breach any of its applicable obligations under Data Protection Law.

17.3 In the context of these Terms, you will act as “processor” to Us who will be “controller” with respect to the personal data.

17.4 Where you process personal data shared by Us, with respect to such processing, you shall:

17.4.1 process the personal data only in accordance with these Terms and not otherwise make any use of the personal data for your own purposes, unless you have a valid and lawful basis for doing so;

17.4.2 only permit the personal data to be processed by persons who are bound by enforceable obligations of confidentiality and take steps to ensure such persons only act on your instructions in relation to the processing;

17.4.3 protect the personal data against unauthorised or unlawful processing and against accidental loss, destruction, damage, alteration or disclosure;

17.4.4 remain entitled to appoint third party sub-processors. Where you appoint a third party sub-processor, you shall, with respect to data protection obligations:

(a) ensure that the third party is subject to, and contractually bound by, at least the same obligations as you; and

(b) remain fully liable to Us for all acts and omissions of the third party, and all sub-processors engaged by You as at the effective date of these Terms shall be deemed authorised;

17.4.5 in addition to the sub-processors engaged pursuant to paragraph 17.4.4 (above), be entitled to engage additional or replacement sub-processors, subject to:

(a) the provisions of paragraph 17.4.4(a) and 17.4.4(b) being applied; and

(b) you notifying Us of the additional or replacement sub-processor, and where We object to the additional or replacement sub-processor, the parties shall discuss the objection in good faith;

17.4.6 promptly alert and inform Us of a personal data breach suffered by You or by any third parties to which personal data has been transferred and provide all necessary co-operation and assistance to enable Us to comply with Our obligations under Data Protection Law and to reduce the impact of the incident on Our business operations and reputation;

17.4.7 at Our cost and not more than once in any 12 month period permit Us (subject to reasonable and appropriate confidentiality undertakings), to inspect and audit Your data processing activities to enable Us to verify and/or procure that You are complying with your obligations under this clause 17;

17.4.8 on Our reasonable request and at Our cost, assist Us to respond to requests from data subjects who are exercising their rights under the Data Protection Law;

17.4.9 on Our reasonable request and at Our cost, assist Us to comply with Our obligations under the Data Protection Law in relation to (a) notifying a supervisory authority that We have suffered a personal data breach; (b) communicating a personal data breach to an affected individual; (c) carrying out an impact assessment; and (d) where required under an impact assessment, engaging in prior consultation with a supervisory authority; and

17.4.10 unless applicable law requires otherwise, upon termination of these Terms at Our option, and unless you have a valid and lawful basis under the Data Protection Law for continuing to hold and process personal data provided by Us, (a) delete all such personal data permanently, safely and securely and provide Us with a certificate of destruction; and/or (b) return to Us all such personal data and any other information provided by Us to You; and (c) cease to process the personal data.

17.4.11 You shall indemnify and hold Us harmless on demand for any loss, damage, liabilities, penalties, expenses or fines incurred (whether foreseeable or unforeseeable or direct or indirect) as a result of you breaching your obligations under this clause 17 (Data Processing).

17.5 Data processing – Resource promotion

Subject to all applicable Data Protection Laws and the terms of the Careerfolio’s Privacy Policy, all customer or client personal data generated in connection to a resource promoter’s resource shall be owned by the resource promoter subject to any relevant consents being granted by the customer under the Data Protection Laws.

If the resource promoter downloads any personal data from Careerfolio regarding their resource, its customers, clients, interested parties or any other member or employee of Careerfolio, the resource promoter will become the sole Data Controller (as defined under the Data Protection Laws) of that data, that the resource promoter shall follow all relevant laws and regulations in regards to that personal data, and that the resource promoter will become registered with the information Commissioner’s Office as a data controller.

When a party expresses an interest in a resource, a link to their member profile will automatically be added to the publicly available list of interested parties of that resource. By expressing interest in a resource promoted on Careerfolio, the person or user who is expressing interest agrees to have their personal data used in this way.

18. DISCLAIMER OF WARRANTIES

THE SERVICES ARE PROVIDED “AS IS,” “WHERE IS” AND “AS AVAILABLE”.

TO THE EXTENT PERMITTED BY LAW, WE (CAREERFOLIO AND ITS AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS)  EXCLUDE ALL CONDITIONS WARRANTIES, REPRESEATIONS OR OTHER TERMS WHICH MAY APPLY TO OUR SERVICES AND OR ANY CONTENT ON THEM INCLUDING, BUT NOT LIMITED TO: (i) ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, APPROPRIATENESS, RELIABILITY, TIMELINESS, USEFULNESS, OR OTHERWISE OF THE CONTENT OF THE SERVICES; AND (ii) ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY, SECURITY, OR FITNESS FOR A PARTICULAR PURPOSE.

SUBJECT TO THE CLAUSE BELOW, THIS DISCLAIMER OF LIABILITY APPLIES TO ANY DAMAGES OR LOSS CAUSED BY US OR THE SERVICES, INCLUDING WITHOUT LIMITATION AS A RESULT OF (1) ANY ERROR, OMMISSION, DELETION OR DEFECT IN THE CONTENT, OR (2) ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATION LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, ALTERATION OF, OR USE OF RECORD, WHETHER FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, DEFAMATION OR UNDER ANY OTHER CAUSE OF ACTION.

WE DO NOT WARRANT OR GUARANTEE (1) THAT ANY PORTION OF THE SERVICES WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING CONTAMINATING OR DESTRUCTIVE PROPERTIES; OR THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE.

WE DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES OR THE CONTENT ON THE SERVICES. YOU (RATHER THAN US OR ANY OF ITS AGENTS) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.

19. LIMITATION OF LIABILITY

SUBJECT TO THE CLAUSE BELOW,  IN NO EVENT WILL CAREERFOLIO, ITS SPONSORS, ADVERTISERS, AFFILIATES, OFFICERS, DIRECTORS, EMPLOYEES, REPRESENTATIVES, SUCCESSORS AND ASSIGNS, BE LIABLE TO ANY PARTY (i) FOR ANY INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES OR ANY OTHER DAMAGES ARISING IN ANY WAY OUT OF THE AVAILABILITY, USE, RELIANCE ON, OR INABILITY TO USE THE SERVICES, EVEN IF CAREERFOLIO OR ITS AGENTS SHALL HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE; OR (ii) FOR ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN, OR DESTRUCTIVE PROPERTIES OF THE SERVICES. NOTWITHSTANDING ANYTHING TO THE CONTRARY HEREIN, TO THE FULLEST EXTENT ALLOWED BY LAW, YOU AGREE TO WAIVE AND DISCHARGE ALL CLAIMS, RELEASE CAREERFOLIO FROM ALL LIABILITY AND INDEMNIFY AND HOLD HARMLESS CAREERFOLIO, ITS SUBSIDIARIES, AFFILIATES, PARENT COMPANY, OFFICERS, AGENTS, AND OTHER PARTNERS AND EMPLOYEES, FROM ANY AND ALL LIABILITY ON ACCOUNT OF, OR IN ANY WAY RESULTING FROM LOSS AND DAMAGES IN ANY WAY CONNECTED WITH ANY RESOURCES OR ACTIVITIES. YOU AGREE AND UNDERSTAND AND INTEND THAT THIS ASSUMPTION OF RISK AND RELEASE IS BINDING UPON YOU AND YOUR HEIRS, EXECUTORS, AGENTS, ADMINISTRATORS AND ASSIGNS, AND INCLUDES ANY MINORS ACCOMPANYING THE USER TO ACCESS OR USE RESOURCES.

NOTHING IN THESE TERMS OF USE EXCLUDES OR LIMITS OUR LIABILITY FOR DEATH OR PERSONAL INJURY ARISING FROM OUR NEGLIGENCE, OR OUR FRAUD OR FRAUDULENT MISREPRESENTATION, OR ANY OTHER LIABILITY THAT CANNOT BE EXCLUDED OR LIMITED BY ENGLISH LAW.

DIFFERENT LIMITATIONS AND EXCLUSIONS OF LIABILITY MAY APPLY TO LIABILITY ARISING AS A RESULT OF THE SUPPLY OF ANY SERVICES BY US TO YOU, WHICH WOULD BE SET OUT IN OUR CONTRACTS TO SUPPLY SPECIFIC SERVICES.

IN RELATION TO RESOURCE PROMOTION, CAREERFOLIO’S TOTAL LIABILITY TO BOTH THE RESOURCE PROMOTER OR THE PARTY EXPRESSING INTEREST IN THE RESOURCE UNDER OR IN CONNECTION WITH THESE TERMS WILL BE LIMITED, IN RESPECT OF ALL CLAIMS (CONNECTED OR UNCONNECTED) IN ANY CONSECUTIVE 12 MONTH PERIOD, TO AN AMOUNT EQUAL TO THE TOTAL SUM OF THE ADVERTISEMENT COST INCURRED BY THE RESOURCE PROMOTER ON CAREERFOLIO’S PLATFORM IN THAT PERIOD.

20. APPLICABLE LAWS / JURISDICTION

You agree to comply with all local rules and laws regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data.

If you are a user, please note that these Terms, its subject matter and its formation, are governed by English law. You and We both agree that the courts of England and Wales will have non-exclusive jurisdiction. However, if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these Terms, its subject matter and its formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

21. GENERAL

Any inquiries concerning these Terms should be directed to us at admin@careerfolio.co.uk. If any part of these Terms is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect. Nothing in these Terms shall be deemed to create any rights for any third party beneficiary. The section titles in these Terms are for convenience only, and have no legal or contractual effect. You shall not transfer, assign, sublicense nor pledge in any manner whatsoever, any of your rights or obligations under these Terms. Careerfolio may transfer, assign sublicense or pledge in any manner whatsoever, any of its rights and obligations under these Terms to a subsidiary, affiliate, or successor thereof or to any third party whatsoever, without notifying you or receiving your consent. If you have any questions about these Terms or our site in general, please contact us at admin@careerfolio.co.uk.

22. TERMINATION OF ACCOUNT OR MEMBERSHIP

We can each end this Agreement anytime we want. Careerfolio or you may terminate this Agreement at any time with a 30-day notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination: