This page outlines the terms and conditions of use for the UpRate app. This applies to the terms and conditions that are applicable to hirers and workers on the platform.
Terms and Conditions of Use for Hirers
These Terms
1.1. These terms and conditions of use (“Terms”) are the terms on which hirers (each a “Hirer”) may access and use the UpRate app via the website (“App”) for the purpose of advertising Jobs and seeking to employ or engage Workers.
1.2. If you are a Worker, please refer to the Terms and Conditions of Use for Workers (found below).
1.3. By registering an Account, the Hirer confirms that it accepts these Terms and that it agrees to comply with them. The Hirer shall procure that each Hirer Representative shall comply with these Terms.
1.4. These Terms were last updated in July 2023. We may amend these Terms from time to time. Every time we amend these Terms we will inform the Hirer by email or a push notification through the App. By continuing to use the App after receiving such information, the Hirer confirms that it accepts, and agrees to be bound by, the amended Terms.
2. Who we are and how to contact us
2.1. The App is operated by Uprate Digital Ltd (“UpRate” / “we” / “us” / “our”). We are a limited company registered in England and Wales under company number 13367397 and have our registered office at UpRate Digital Ltd, C/O Hawks Crane Hire Ltd, Green Street Green Rd, Dartford, Kent, United Kingdom, DA2 8DP. Our VAT number is 430730921.
2.2. To contact us, please email help@uprate.digital
3. Other applicable terms and conditions
3.1. We will process the personal data of Hirer Representatives when they access and use the App in accordance with our Privacy Policy.
3.2. Please also read the Cookie Policy set out in our Privacy Policy, which includes information about the cookies used on the App.
4. Definitions
4.1. The capitalised words used in these Terms shall have the following meanings:
Account
The account registered by the Hirer to access and use the App.
App
Has the meaning set out in section 1 above.
Contract
The contract between us and the Hirer for the supply of the Services.
Hirer
Has the meaning set out in section 1 above.
Hirer Content
Has the meaning set out in section 6.
Hirer Representatives
The employees, officers and agents of the Hirer who access and use the App on its behalf including any such person who manages the Account on behalf of the Hirer and any such persons who are appointed by the Hirer to create a User Account in accordance with section 5.
Job
A job that is available with the Hirer, whether on a temporary or permanent basis, and whether for an employee, worker or self-employed contractor, and whether such person is to be contracted directly by the Hirer or by UpRate through the UpRate Agency Service.
Job Post
A post that is published by the Hirer (or by UpRate where it is providing the UpRate Agency Service) on the App advertising a Job.
Worker Rating
A rating for a Worker which is aggregated from ratings (between 0-10) of the Worker’s performance that are provided by:
(a) referees nominated by the Worker, which may include: (i) site supervisors and managers of sites where the Worker is currently working or has previously worked; (ii) supervisors and managers at hirer companies who have previously employed or engaged the Worker; and (iii) individuals at recruitment companies who have previously provided recruitment services to the Worker;
(b) UpRate labour managers where the Worker has successfully applied for a Job via the App and UpRate was providing the UpRate Agency Service to the Hirer in respect of that Job; and
(c) Hirers who have successfully recruited the Worker through the App.
Terms
Has the meaning set out in section 1 above.
User Account
Has the meaning set out in section 5.
Worker
An individual who applies for a Job, including any individual operating through a limited company.
Worker Unlock Full Profile Charge
The charge payable by the Hirer each time it wishes to unlock a Worker’s full profile in the App to view the Worker’s hidden profile details, which shall be based on the number of credits required to unlock the full profile, as communicated to the Hirer in the App prior to the Hirer submitting its request to unlock the profile (where one credit equals £5).
5. Hirer’s Account and User Accounts
5.1. The Hirer will be required to register an Account to access and use the App, at which point and on which date the Contract shall come into existence incorporating these Terms to the exclusion of all other terms and conditions which the Hirer may purport to apply under any other document. The person at the Hirer who is responsible for managing the Account must treat the login details for the Account as confidential and not disclose such details to any person. If such person knows or suspects that anyone other than itself knows such login details, it must promptly notify us by email to the email address set out above.
5.2. The Hirer may appoint through the App an unlimited number of users to access and use the App on its behalf. Each such user will be required to create a separate user account to access and use the App (“User Account”). Each such user must treat the login details for its User Account as confidential and not disclose such details to any person (including any other Hirer Representatives). If any such user knows or suspects that anyone other than itself knows such login details, it must promptly notify us by email to the email address set out above.
5.3. If UpRate suspects that there has been an unauthorised disclosure of the login details for the Hirer’s Account or a User Account, then UpRate may, without prejudice to any other rights or remedies that it may have, suspend access to and use of the Account and/or the relevant User Account and/or all User Accounts while it carries out an investigation. If UpRate determines (in its sole discretion) that there has been any such unauthorised disclosure, then UpRate may, without prejudice to any other rights and remedies that it may have, terminate access to and use of the Account and/or the relevant User Account and/or all User Accounts and/or terminate the Contract under section 13.
6. The Worker Unlock Full Profile Charge
6.1. The Hirer may view Workers’ profiles and Workers’ applications for Jobs (excluding hidden profile details) in the App free of charge.
6.2. Each time the Hirer wishes to unlock a Worker’s full profile in the App to view the Worker’s hidden profile details, the Hirer will be required to pay the relevant Worker Unlock Full Profile Charge.
6.3. Subject to paragraph 4, unless otherwise notified by UpRate to the Hirer, UpRate will take payment every two weeks for all Worker Unlock Full Profile Charges owed by the Hirer in respect of all full profiles of Workers unlocked in the App during the previous two week period. Such payment will be taken using the pre-authorised payment card registered with the Hirer’s account.
6.4. Where UpRate has agreed to open a credit account for the Hirer, then, unless otherwise notified by UpRate to the Hirer, UpRate will issue an invoice at the end of each month for all Worker Unlock Full Profile Charges owed by the Hirer in respect of all full profiles of Workers unlocked in the App during that month, and each such invoice shall be payable by the Hirer within 30 days of the date of the invoice.
6.5. Each Worker Unlock Full Profile Charge:
6.5.1. Is inclusive of VAT;
6.5.2. Is non-refundable; and
6.5.3. Shall be paid in full without any deduction, discount or set-off, except as required by law.
6.6. If the Hirer fails to make any payment due to UpRate under the Contract by the due date for payment, UpRate may, without prejudice to any other rights and remedies it may have:
6.6.1. Suspend the Hirer’s access to any Worker’s profile (or part of it) in the App until payment of the overdue amount is received in full by UpRate;
6.6.2. Suspend the Hirer’s access to and use of the App until payment of the overdue amount is received in full by UpRate;
6.6.3. Charge the Hirer interest on a daily basis in respect of the overdue amount at the rate of 4% per annum above the Bank of England’s base rate from time to time, from the due date and continuing until payment of the overdue amount is received in full by UpRate, whether before or after judgment; and/or
6.6.4. Recover from the Hirer any fees incurred by UpRate (including debt recovery agency fees, legal fees and court costs) in recovering the overdue amount.
7. Job Posts and applications
7.1. To publish a Job Post the Hirer must complete the steps set out on the App and provide the required information relating to the Job and the Hirer (“Hirer Content”). The Hirer shall ensure that it includes in each Job Post:
7.1.1. Sufficient details about itself and the Job, including the Hirer’s identity, the nature of its business, the nature of the Job, the type of work to be performed, the start date and likely duration, the days and hours of work, the location, the remuneration, the intervals of payment, the benefits available, and the notice periods for termination that are required to be given and received by the successful Worker;
7.1.2. Any qualifications and/or authorisations required for the Job by law or by any relevant regulatory or professional body;
7.1.3. If the remuneration is included in the Job Post, the nature of the Job, the location, the minimum experience, training and/or qualifications required in order for a Worker to receive such remuneration; and
7.1.4. Where the Hirer is an employment agency or employment business (as defined in the Employment Agencies Act 1973), the Hirer must state in which capacity it is acting in relation to the Job Post.
7.2. The Hirer warrants and undertakes that each Job Post and the Hirer Content:
7.2.1. Is for a genuine vacancy and is true, accurate, complete and up-to-date;
7.2.2. Complies with all applicable laws and regulations; and
7.2.3. Contains sufficient information to enable Workers to make an informed decision about whether or not to apply for the relevant Job.
7.3. UpRate shall be entitled to immediately remove any Job Post and/or Hirer Content from the App which breaches section 7
7.4. The Hirer shall not publish any Job Post where there is a risk to the health and safety of any Worker at the location where the Job is to be performed, unless the Hirer includes in the Job Post information relating to such risks and the steps taken by the Hirer to prevent or control such risks.
7.5. We do not guarantee any response to a Job Post. Once a Worker has applied for a Job by responding to the relevant Job Post, UpRate will inform the Hirer through the App. It is the Hirer’s sole responsibility to verify the information contained in each Worker’s application, including checking the identity of the Worker and that the Worker has the experience, training, qualifications and authorisations required by the Hirer or by law for the Job. We do not warrant or guarantee that the information provided by Workers will be accurate, complete and up-to-date. This paragraph does not apply where UpRate is providing the UpRate Agency Service.
7.6. The Hirer acknowledges and agrees that, where a Worker has applied for a Job via the App and has been subsequently employed or engaged by the Hirer, and the Hirer is the owner and/or operator of the site at which the Worker will work, we may contact the Worker to ask them to rate the Hirer (between 0-10) based on the Hirer’s working conditions, health and safety at the site, and how it took care of the Worker. We will collect and aggregate all such ratings that are provided by Workers and the aggregated rating for the Hirer will be visible to the Hirer, Workers and other Hirers on the App.
7.7. After a Job Post has been live for 6 weeks, we will contact the Hirer to confirm the Hirer is still hiring for that Job and (if so) to update the start date and any other details in the Job Post that may need updating. Once a Worker has been hired for a Job, or the Hirer informs UpRate that a Job is no longer available, the Job Post for that Job will be removed from the UpRate jobs board on the App, but will remain visible for the Hirer in the Hirer’s Account.
8. Hirer obligations
8.1. The Hirer shall:
8.1.1. Comply with all applicable laws and regulations (including all applicable data protection legislation in the UK, the Equality Act 2010 and (if the Hirer is an employment agency or employment business) the Conduct of Employment Agencies and Businesses Regulations 2003 and the Employment Agencies Act 1973), and any instructions issued by a regulatory body, in its use of the App (including the publication of Job Posts), its communications and dealings with Workers, and its management of Workers’ details;
8.1.2. Use the App in accordance with these Terms;
8.1.3. Obtain and shall maintain all necessary licences, consents and permissions which are necessary to enable it to comply with its obligations under these Terms in respect of its use of the App;
8.1.4. Ensure that it has all necessary hardware, desktop software, internet, network communications and other technology, and that the Hirer’s computer equipment, systems, network and browser meet all technical requirements applicable to access and use the App as specified by UpRate from time to time;
8.1.5. Provide UpRate with all necessary cooperation and access to such information as is required by UpRate in order to perform the Services, and shall ensure that such information is accurate and complete;
8.1.6. Use reasonable endeavours to prevent any unauthorised access to, or use of, the App (including implementing and maintaining adequate security measures and policies in accordance with good industry practice) and, in the event of becoming aware of any such unauthorised access or use, shall immediately notify UpRate and shall give UpRate all assistance that it reasonably requires to prevent such unauthorised access.
8.2. The Hirer shall not, and shall procure that all Hirer Representatives shall not:
8.2.1. Use the App in any way that breaches any applicable laws or regulations, or to commit any fraud or fraudulent activity;
8.2.2. Share or disclose to any third party any information from the App or any applications for Jobs submitted by Workers, except without our prior written consent, or as necessary to comply with any applicable law or regulation, save that the Hirer may share links to Job Posts in the App in accordance with section 17 below;
8.2.3. Use the App to transmit any material that:
8.2.3.1. Is unlawful, harmful, threatening, defamatory, obscene, indecent, infringing, harassing, racially, religiously or ethnically offensive, or otherwise objectionable;
8.2.3.2. Infringes any intellectual property rights, rights of privacy, personality or publicity or other third party rights;
8.2.3.3. Contains unsolicited or unauthorised advertising or promotional content;
8.2.3.4. Facilitates or promotes illegal activity;
8.2.3.5. Threatens the security and/or confidentiality of the App; and/or
8.2.3.6. Causes damage to injury to any person or property;
8.2.4. Store, distribute or transmit any viruses, trojans, worms, logic or time bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful during the course of its use of the App, or attack the App via a denial-of-service attack or a distributed denial-of-service attack;
8.2.5. Attempt to access without authority, interfere with, damage or disrupt any part of the App;
8.2.6. Attempt to reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form, all or any part of the App, or copy, modify, translate, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit or distribute all or any part of the App in any form or media or by any means (including by using any robot, spider or other automated device or manual process);
8.2.7. Access all or any part of the App in order to build or use a product or service which competes with the App and/or Services or in order to solicit any other user of the App and/or Services (including a Worker or other Hirer) to utilise a competing product or service;
8.2.8. License, sell, rent, lease, transfer, assign, distribute, display, disclose or otherwise commercially exploit, or otherwise make the App available to any third party, or use the App to provide services to any third parties.
9. Availability of the App and updates
9.1. We do not guarantee that the App, or any content on the App, will always be available or be uninterrupted. We will not be liable to the Hirer for any unavailability or interruption of the App.
9.2. We may update, change, suspend, withdraw or restrict the availability of, all or any part of the App for any reason (including business, operational and security reasons). We will try to give the Hirer reasonable notice of any material update, change, suspension, withdrawal or restriction.
10. Intellectual property rights
10.1. We are the owner or the licensee of the domain name of the website and all intellectual property rights (including trade marks, copyright and design rights) in the App and its content (excluding the Hirer Content). Except as expressly granted under these Terms, the Hirer shall not have the right to use, or acquire any other right, licence, title or interest in or to, any of UpRate’s or its licensors’ intellectual property rights.
10.2. The Hirer Content is the property of the Hirer and/or its licensors. The Hirer hereby grants a royalty-free, worldwide licence to UpRate to use the Hirer Content as necessary to provide the Services to the Hirer. The Hirer warrants that it has all necessary rights in and to the Hirer Content in order to grant the rights under this paragraph.
10.3. The Hirer may not remove or obscure any trade marks, or any copyright, trade mark or proprietary notices features or displayed on the App.
10.4. The Hirer grants UpRate the right to use the Hirer’s name and logo on UpRate’s website and for any marketing and promotional material.
11. Indemnity
11.1. The Hirer shall indemnify UpRate on demand in full against all liabilities, costs, expenses, damages, fines, penalties and/or losses suffered or incurred by or awarded against UpRate and/or for which UpRate may become liable, arising out of or in connection with:
11.1.1. Any breach by the Hirer or the Hirer Representatives of any of the warranties set out in section 6; and
11.1.2. Any breach by the Hirer or the Hirer Representatives of any of the obligations set out in section 8.
12. Limitations on our liability to the Hirer
12.1. Nothing in these Terms shall exclude our liability for: (i) death or personal injury caused by our negligence; (ii) fraud or fraudulent misrepresentation; or (iii) any other liability that cannot be limited or excluded by law.
12.2. We give no warranty or representation that the Services will meet the Hirer’s requirements. For the avoidance of doubt, we do not guarantee that use of the Services will result in applications for Jobs or any successful hires of Workers, and we do not guarantee the suitability of Workers. The App is provided “as is” and all warranties, conditions and other terms implied by statute or common law are, to the fullest extent permitted by law, excluded from these Terms, including the implied conditions, warranties and other terms as to satisfactory quality and fitness for purpose.
12.3. We do not guarantee that the App will be secure or free from bugs or viruses. The Hirer is responsible for configuring its information technology, computer programmes and App to access the App. The Hirer should use its own virus protection software.
12.4. The security of communications sent over the internet (including by email) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to the Hirer for any loss or damage that the Hirer may suffer as a result of the transmission of any such communications.
12.5. We will not be liable for any fault, failure or unavailability of the App (or any part of it) that is caused by the Hirer’s or any third party’s software, or as a result of any failure, unavailability, speed or limitations of the Hirer’s internet and network communications, computer equipment or web browser.
12.6. If our provision of the Services is suspended or delayed by an event outside our control (including flood, earthquake, storm or natural disaster; war or armed conflict; imposition of sanctions; terrorist attack, civil war or riots; nuclear, chemical or biological contamination; compliance with applicable laws or change in law or action taken by a government or public authority; epidemic or pandemic; fire or explosion; failure of plant, machinery, computers or vehicles; labour dispute; non-performance by suppliers or subcontractors; and the interruption or failure of a transport network or utility service), then we will not be liable for the suspension or delay.
12.7. We will not be liable in any circumstances for any of the following types of losses, howsoever caused: (i) loss of profits, (ii) loss of sales or business, (iii) loss of agreements or contracts, (iv) loss of anticipated savings, (v) loss of opportunity, (vi) loss of goodwill, (vii) loss of use or corruption of software, data or information, or (viii) special, indirect, consequential or pure economic loss, costs, damages, charges or expenses.
12.8. Our total aggregate liability arising under or in connection with the Contract shall not exceed the total sum of the Worker Unlock Full Profile Charges paid by the Hirer under the Contract or £5,000 (whichever is higher).
13. Termination
13.1. The Hirer can terminate the Contract at any time by deleting its Account in the App.
13.2. Without prejudice to any other rights or remedies the Hirer may have, the Hirer may terminate the Contract with immediate effect upon written notice to us if we commit a material breach of any of the provisions of these Terms, which breach is irremediable or (if such breach is remediable) fail to remedy that breach within 14 days after being notified in writing to do so.
13.3. Without prejudice to any other rights or remedies we may have, we may terminate the Contract with immediate effect, without liability to the Hirer, upon written notice to the Hirer if:
13.3.1. The Hirer commits a material breach of any of the provisions of these Terms, which breach is irremediable or (if such breach is remediable) fails to remedy that breach within 14 days after being notified in writing to do so;
13.3.2. The Hirer fails to pay any amount due under the Contract by the due date for payment;
13.3.3. The Hirer or any of the Hirer Representatives commit a breach of section 5, paragraph a and/or paragraph b, or use the App in breach of section 6;
13.3.4. The Hirer suspends or threatens to suspend payment of its debts or is unable to pay its debts as they fall due, or enters into a composition, compromise or arrangement to reschedule or restructure its debt with or for the benefit of its creditors, or compulsorily or voluntarily enters into liquidation, or obtains a moratorium, or has an administrator or receiver or liquidator or manager appointed over the whole or a substantial part of its undertaking or assets, or ceases or threatens to cease business or is dissolved; or
13.3.5. Any steps or action are taken in preparation for any of the events referred to in section 13, or if any event occurs or proceeding is taken with respect to the Hirer in any jurisdiction to which it is subject that has an effect equivalent or similar to any of the events referred to in section 13
13.4. On termination of the Contract for any reason:
13.4.1. The Hirer’s right to access and use the App shall immediately terminate and we may terminate and disable the Account (including all User Account) with immediate effect;
13.4.2. All Job Posts shall be removed from the UpRate jobs board in the App;
13.4.3. We will, if requested by the Hirer promptly after the date of termination, subject to payment of all sums due to us under the Contract in accordance with paragraph iv below, agree to provide
13.4.4. To the Hirer a copy of the Hirer data held in the App, in such format as determined by us;
13.4.5. The Hirer shall immediately pay all sums due to us under the Contract and, in respect of any sums which have not yet been invoiced, we may raise invoices for such sums which shall become immediately payable by the Hirer;
13.4.6. Any rights, remedies, obligations or liabilities of the parties that have accrued up to the date of termination, including the right to claim damages in respect of any breach of the Contract which existed at or before the date of termination shall not be affected or prejudiced; and
13.4.7. The continuation after termination of any provision expressly stated to survive or implicitly surviving termination shall not be affected or prejudiced
14. Data Protection
14.1. Both parties acknowledge and agree that they are each a data controller (as defined the UK GDPR which has the meaning set out in section 3(10) (as supplemented by section 205(4)) of the Data Protection Act 2018) with respect to the personal data of Workers that they may process under or in connection with the Contract. Each party is responsible for its own compliance with its obligations under the UK GDPR with regards to its processing of such personal data. The Hirer may only use such personal data for the following purposes:
14.1.1. Performing its obligations under the Contract;
14.1.2. Assessing the suitability of Workers (including contacting Workers to arrange interviews and conducting the interviews); and
14.1.3. Onboarding successful Workers.
15. Non-solicitation
15.1. The Hirer shall not, without the prior written consent of UpRate, at any time during the term of the Contract or for six months after termination or expiry of the Contract, directly or indirectly solicit, engage, employ or endeavour to entice away from UpRate any person who is or was during the preceding 6 months an employee of UpRate and engaged in the provision of the Services. This paragraph will not apply to any employee who responds to a general recruitment effort, including through a third party agency or advertisement.
16. Links to third party websites
16.1. Where the App contains links to other websites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by us of those websites and resources, or any information which may be obtained from them. We have no control over the contents of those third party websites and resources.
17. Rules about linking to the App
17.1. The Hirer may link to the homepage of the App, provided it does so in a way that is fair and legal and does not damage our reputation or take advantage of it. The Hirer 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.
17.2. The Hirer must not establish a link to the App in any website that is not owned by the Hirer or any website that includes unlawful or fraudulent content or has any unlawful or fraudulent purpose or effect. The App must not be framed on any other website.
17.3. For the avoidance of doubt, the Hirer may share links to Job Posts in the App via third party platforms such as social media platforms or messaging apps, provided that it complies with all applicable laws and regulations and that such linking does not breach these Terms or the terms of any third party.
17.4. We reserve the right to withdraw linking permission without notice.
18. General
18.1. In these Terms: (a) references to sections and paragraphs are to the sections and paragraphs of these Terms; (b) section headings shall not affect the interpretation of these Terms; (c) a reference to a “party” is a reference to either UpRate or the Hirer (as applicable) and shall include that party’s representatives, successors and permitted assigns; (d) a reference to “writing” includes email; (e) a reference to a statute or statutory provision is a reference to it as amended, extended or re-enacted from time to time and includes all subordinate legislation made from time to time under that statute or statutory provision; (f) words in the singular shall include the plural and vice versa; (g) any words following the terms “including”, “include”, “such as”, “in particular”, “for example” or any similar expression shall be construed as illustrative and shall not limit the sense of the words, description, definition, phrase or term preceding those terms.
18.2. Any notice given by a party under or in connection with the Contract shall be in writing and shall be delivered by email to the email address provided by the other party for the purpose of receiving notices under or in connection with the Contract. Notices shall be deemed to have been delivered at 9am on the next working day after transmission (provided that no delivery failure notification is received by the sender).
18.3. The Hirer shall not, without our prior written consent, assign, transfer, sub-contract or deal in any other manner with all or any of its rights or obligations under the Contract. We may assign, transfer, sub-contract or deal in any other manner with all or any of our rights or obligations under the Contract.
18.4. The Contract (including these Terms) constitutes the entire agreement between the parties and supersedes, replaces and extinguishes any previous arrangement, understanding or agreement between them, whether written or oral, relating to its subject matter. Each party acknowledges that it has not been given, nor entered into the Contract in reliance on, any warranty, statement, promise or representation other than as expressly set out in these Terms. Nothing in this paragraph limits or excludes any liability for fraud or fraudulent misrepresentation.
18.5. No failure or delay by a party to exercise any right or remedy provided under the Contract or by law shall constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict the further exercise of that or any other right or remedy. No single or partial exercise of such right or remedy shall prevent or restrict the further exercise of that or any other right or remedy.
18.6. If any provision or part-provision of the Contract is found by any court to be invalid, unenforceable or illegal, the other provisions shall remain in force. If any invalid, unenforceable or illegal provision would be valid, enforceable or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
18.7. Save as expressly set out in these Terms, no variation of the Contract shall be effective unless it is expressly agreed by us in writing.
18.8. Nothing in the Contract is intended to, or shall be deemed to, establish or imply any partnership or joint venture between any of the parties, constitute any party the agent or employee of another party, or authorise any party to make or enter into any commitments for or on behalf of any other party.
19. Governing law
19.1. The Contract (including these Terms), its subject matter and formation, is governed by English law. The parties both agree that the courts of England and Wales will have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with the Contract, its subject matter or formation.
Terms and Conditions of Use for Workers
1. These Terms
1.1. These terms and conditions of use (“Terms”) are the terms on which workers (whether agency workers, PAYE workers or self-employed workers) who are seeking either temporary or permanent work with or through a hirer, whether directly or through a limited company, (“you”) may access and use the UpRate app (“App”) via [the website (“website”) or] the mobile application (“mobile app”). Use of the App includes accessing, browsing or using the App (including to view and apply for available jobs).
1.2. If you are a hirer, please refer to the Terms and Conditions of Use for Hirers (find above).
1.3. By using the App, you confirm that you accept these Terms and that you agree to comply with them. If you do not agree to these Terms, you should not use the App.
1.4. If you download the mobile app onto any device not owned by you, you must have the owner’s permission to do so. You will be responsible for complying with these Terms, whether or not you own the device.
1.5. These Terms were last updated in May 2023.
1.6. We may amend these Terms from time to time. Every time we amend these Terms we will inform you by email or a push notification through the App. By continuing to use the App after receiving such information, you confirm that you accept, and agree to comply with, the amended Terms.
2. Who we are and how to contact us
2.1. The App is operated by UpRate Digital Ltd (“we” / “us” / “our”). We are a limited company registered in England and Wales under company number 13367397 and have our registered office at UpRate Digital Ltd, C/O Hawks Crane Hire Ltd, Green Street Green Rd, Dartford, Kent, United Kingdom, DA2 8DP. Our VAT number is 430730921.
2.2. To contact us, please email help@uprate.digital
3. Other applicable terms and conditions
3.1. We will process the personal data provided by you when you access and use the App in accordance with our Privacy Policy. Please take time to read our Privacy Policy as it contains important terms that apply to you.
3.2. Please also read the Cookie Policy set out in our Privacy Policy, which includes information about the cookies used on the App.
3.3. The mobile app can be downloaded from either the Apple App Store or the Google Play Store. The way in which you can use the mobile app may also be controlled by the rules and policies of the app store from which you downloaded the mobile app, and those rules and policies will apply instead of these Terms where there are differences between the two.
4. Your account and profile, and job applications
4.1. You will be required to create an account and profile to access and use the App. You may create only one account for the App. If we reasonably suspect that you have created more than one account (including where you have deleted your original account and created a new account, for example in order to remove a bad rating), then we may disable any live account(s) and prevent you from accessing and using the App in the future.
4.2. You must treat your login details for your account as confidential and not disclose such details to any person. If you know or suspect that anyone other than you knows your login details, you must promptly notify us by email to the email address set out above.
4.3. If you sell or dispose of any device on which the mobile app is installed, you must first log out of your account and remove the mobile app from such device.
4.4. Once you have created a profile for the App you will then be able to view relevant available jobs on the UpRate jobs board. The jobs that are advertised will be based on the information that you have provided when creating your profile. We do not guarantee that any jobs will be available or that the jobs advertised will meet your requirements or expectations. .
4.5. To apply for a job, you will need to follow the steps set out in the App. You may be required to provide further information and evidence about yourself and your experience, and answer any screening questions required by the relevant hirer, to complete the job application.
4.6. If you apply for a job via the App we will notify you of the outcome where the relevant hirer has communicated this to us. We do not guarantee that you will receive a response to any job applications submitted by you via the App, or that any such job applications will be successful. If you are successful in applying for a job, you will then enter into a separate employment contract or contract for services directly with the hirer.
5. Availability of the App
5.1. The App is made available free of charge. You must be 16 or over to access and use the App.
5.2. You are responsible for making all arrangements necessary for you to have access to the App. We shall not be liable where you are unable to connect to or access the App if this results from any faults, errors or problems relating to your PC hardware, software, network or security, or your Internet service provider or any other similar problem.
5.3. We do not guarantee that the App, or any content on the App, will always be available or be uninterrupted. We will not be liable to you for any unavailability or interruption of the App. We recommend that you back up any content and data used in connection with the App in case of any issues with the App.
5.4. We may update, change, suspend, withdraw or restrict the availability of, all or any part of the App for any reason (including business, operational and security reasons). We will try to give you reasonable notice of any such update, change, suspension, withdrawal or restriction. If you choose not to install any update provided by us or if you opt out of automatic updates you may not be able to continue using the App.
6. Uploading information the App
6.1. To view available jobs on the App and to apply for such jobs, you will be required to provide certain information about yourself and your experience, and you may be required to upload supporting evidence (such as a curriculum vitae (CV), relevant certificates or evidence of qualifications, and other documents, images, audio and audio-visual content) (“Your Content”). You agree that Your Content:
Is true, accurate, complete and up-to-date;
Is not fraudulent or misleading, and does not impersonate any person or misrepresent your identity;
Does not breach any applicable local, national or international law or regulation, or advocate, promote or incite any person to commit any unlawful or criminal act or act of terrorism;
Does not infringe our proprietary rights or those of any third party (including intellectual property rights and rights to privacy);
Does not include any personal data of a third party unless you have obtained that third party’s prior written consent;
Does not breach any duty of confidence or confidentiality obligations;
Does not advertise or promote the products or services of any third party;
Does not contain any content that is threatening, defamatory, obscene, indecent, harassing, offensive (whether racially, religiously or ethically), discriminatory or otherwise objectionable.
6.2. Your content will be considered non-confidential and non-proprietary. You retain all of your ownership rights in Your Content, but you are required to grant us a limited licence to use, store and copy Your Content and to distribute and make it available to third parties (including third party hirers) for the purposes of providing online recruitment services to you. For more information about the data we collect about you and the purposes for which we use such data, please read our Privacy Policy.
6.3. You agree that we may use your name on UpRate’s website and for any marketing and promotional material. If you do not agree to this, please contact us using the contact details set out above.
6.4. We also have the right to disclose your identity to any third party who is claiming that any part of Your Content constitutes a violation of their intellectual property rights or of their right to privacy.
6.5. We have the right to remove any part of Your Content if, in our opinion, it does not comply with the content standards set out in these Terms.
7. Ratings
7.1. You acknowledge and agree that we may collect ratings (between 0-10) from third parties about your performance (including, but not limited to, your attendance, punctuality, professionalism, and quality of work) (“Performance”) in previous jobs in the following circumstances:
Where you have provided details of referees (which may include: (a) site supervisors and managers of sites where you are currently working or have previously worked; (b) supervisors and managers at hirer companies with whom you were previously employed or engaged; and (c) individuals at recruitment companies or employment agencies who have previously provided recruitment services or agency services to you), we may contact the referee to ask them to rate your Performance. You agree that you will obtain the consent of such referees before you disclose their name and contact details to us, and you will provide such referees with a copy of our privacy policy which explains how we will process their personal data; and
Where you have successfully applied for a job via the App, we may contact the relevant hirer to ask them to rate your Performance.
7.2. We will collect and aggregate all such ratings that are provided by third parties and only the aggregated rating for you (not the individual ratings) will be visible to you and hirers on the App.
8. Intellectual property rights in the App
8.1. We are the owner or the licensee of the domain name of the website and all intellectual property rights (including trade marks, copyright and design rights) in the App and its content. Our status (and that of any identified contributors) as the authors of content on the App must always be acknowledged (except where the content is user-generated).
8.2. You may print off one copy, and may download extracts, of any pages from the App for your personal use. You must not modify the copies of any materials you have printed off or downloaded from the App in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text. You must not use any part of the content on the App for any commercial purposes without obtaining a licence to do so from us or our licensors.
8.3. If you print off, copy, download, share or repost any part of the App in breach of these Terms, then (in addition to our rights set out in section 14 below) we may require you to, at our option, return or destroy any copies of the materials you have made.
9. Information on the App
9.1. The information on the App relating to available jobs is not vetted or approved by us and is provided by third party hirers. For all jobs that are advertised on the App, we make no representations, warranties or guarantees, whether express or implied, that the information provided in relation to such jobs is accurate, complete or up-to-date.
10. You must not introduce viruses or other harmful content
10.1. You must not misuse the App by knowingly introducing viruses, trojans, worms, logic or time bombs, keystroke loggers, spyware, adware or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the App, the server on which the App is stored or any server, computer or database connected to the App. You must not attack the App via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them.
11. Acceptable use of the App
11.1. You agree that you shall:
Only use the App for the purpose of viewing and applying for relevant jobs;
Not use the App in any unlawful, fraudulent or malicious manner, for any unlawful purpose, or in any manner inconsistent with these Terms;
Not rent, lease, sub-license, loan, provide, or otherwise make available, the App (in whole or in part) to any person without our prior written consent;
Not copy the App, except as part of the normal use of the App or where it is necessary for the purpose of back-up or operational security;
Not translate, merge, adapt, vary, alter or modify the whole or any part of the App, nor permit the App (or any part of it) to be combined with, or become incorporated in, any other programs, except as necessary to use the App on devices as permitted in these Terms;
Not use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users;
Not collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App;
Not disassemble, de-compile, reverse engineer or create derivative works based on the whole or any part of the App, nor attempt to do any such things, except to the extent that (by virtue of sections 50B and 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are necessary to decompile the App to obtain the information necessary to create an independent program that can be operated with the App or with another program (“Permitted Objective”), and provided that the information obtained by you during such activities:
Is not disclosed or communicated without our prior written consent to any third party to whom it is not necessary to disclose or communicate it in order to achieve the Permitted Objective; and
Is not used to create any software that is substantially similar in its expression to the App;
Is kept secure; and
Is used only for the Permitted Objective;
Comply with all applicable technology control or export laws and regulations that apply to the technology used or supported by the App.
12. We are not responsible for websites we link to
12.1. Where our App (including job posts on the App) contains links to other websites and resources provided by third parties (including hirers), these links are provided for your information only. Such links should not be interpreted as approval by us of those websites and resources, or any information you may obtain from them. We have no control over the contents of those third party websites and resources.
13. Our liability to you
13.1. We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and liability for fraud or fraudulent misrepresentation.
13.2. Please note that we only provide the App to allow you to view and apply for relevant jobs. You agree not to use the App for any commercial or business purposes outside of the normal and permitted use of the App, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.
13.3. We do not guarantee that the App will be secure or free from bugs or viruses. You are responsible for configuring your information technology, computer programmes and platform to access the App. You should use your own virus protection software.
13.4. If defective digital content that we have supplied, damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.
13.5. The security of communications sent over the Internet (including by email) is subject to many factors outside of our control. We do not guarantee the security or confidentiality of any electronic communications and shall not be responsible to you for any loss or damage that you may suffer as a result of the transmission of any such communications.
13.6. If our provision of the App or support for the App is suspended or delayed by an event outside our control, then we will not be liable for the suspension or delay.
14. Failure to comply with these Terms
14.1. If you fail to comply with any of the provisions of these Terms, we may (at our discretion) decide to take all or any of the following actions as we deem appropriate:
Immediate withdrawal (temporary or permanent) of your right to access and use the App, including the disabling of your account for the App;
The issue of a warning to you;
Legal proceedings against you for reimbursement of all costs (including, but not limited to, reasonable administrative and legal costs) suffered or incurred by us as a result of your breach;
Further legal action against you;
Disclosure of such information to law enforcement authorities as we reasonably feel is necessary or as required by law.
14.2. We shall not be liable for actions taken by us in response to breaches of these Terms. The responses described in this section 14 are not limited and we may take any other action we reasonably deem appropriate.
14.3. If we end your rights to use the App, you must delete or remove the mobile app from all devices in your possession and immediately destroy all copies of the App which you have.
15. Rules about linking to the App
15.1. You may link to the homepage of the App, 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.
15.2. You must not establish a link to the App in any website that is not owned by you or any website that includes unlawful or fraudulent content or has any unlawful or fraudulent purpose or effect. The App must not be framed on any other website.
15.3. For the avoidance of doubt, you may establish a link to your profile for the App in any of your social media pages, provided that you comply with all applicable laws and regulations and that such linking does not breach these Terms or the terms of any third party.
15.4. We reserve the right to withdraw linking permission without notice.
16. Other important terms
16.1. We may transfer this agreement to someone else. We may transfer our rights and obligations under these Terms to another organisation. We will tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract between us relating to your use of the App.
16.2. If a court finds part of these Terms illegal, the rest will continue in force. Each of the sections of these Terms operates separately. If any court or relevant authority decides that any of them are unlawful or unenforceable, the remaining sections will remain in full force and effect.
16.3. Even if we delay in enforcing these Terms, we can still enforce them later. If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
17. Governing law
17.1. These Terms, their subject matter and their formation, are governed by English law. You and we both agree that the courts of England and Wales will have exclusive jurisdiction except that 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.
