Employer Terms of Service
Last updated: September 2022
Welcome to Clu and thank you for taking the time to read our Terms of Service. Clu is an inclusive recruitment platform purposefully designed to create equity of opportunity in the job market. We are passionate about social inclusion and are committed to providing job seekers and employers the opportunity to connect via our platform.
1. General Information
Use of our Website getaclu.io, including all services, media, and data available on it, ("Website") is governed by these Terms of Conditions ("Terms") and the following related policies:
Our Acceptable Use Policy: Please review this policy which sets out how we expect the Clu Website to be used.
Our Safeguarding Policy: Please review this policy which sets out how we expect all Employers to engage with job seekers from vulnerable communities through the website.
By using our Website, you consent to such processing, and you warrant that all data you provide is accurate. You also warrant that you have obtained the consent of all persons whose personal data you provide to us, for us to use that data to provide you and such other person with the requested product, service, or information.
For your convenience, we have set out these Terms in three sections:
Section 1: Introduction
Section 2: Employer Particulars
Section 3: General
Registered company name: Included.AI Limited, trading as Clu registered in England and Wales under Company number 13111292 and whose registered office is 124 City Road, London, EC1V 2NX (hereinafter, "Clu", "we", "us" or "our").
You can contact us anytime by emailing email@example.com or by writing to us at our registered office address above or by calling 0800 861 1768.
Definition of Clu
Clu makes available an online platform that provides individual users who are seeking employment opportunities ("Job Seeker(s)") with a job search product and connects them with Employers (as defined below).
When the product is used as intended, interactions on the Website occur between Job Seekers and Employers. You acknowledge that Clu is not directly involved in or otherwise an agent or party to any transaction that may take place between a Job Seeker and an Employer.
Acceptance of Terms & Conditions
By you visiting this Website as a person, company, or unincorporated body (whether or not having a separate legal personality) that is interested in hiring Job Seekers ("Employer", "you" or "your"), and whether or not you become a registered user of the Website or not, you accept these Terms, and you agree to comply with these Terms. If you do not agree with these Terms, you must immediately stop using the Website.
By accessing or using this website, you agree that you have read and understood, and, as a condition to your use of the website, you agree to be bound by, these and all associated Terms. If you are not eligible, or do not agree to the Terms, you do not have permission to access or use this website.
We reserve the right to change the Terms by posting the new version to this page and, where appropriate, by notifying you of such change via email. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. You can review the current version of the Terms which apply to your use of the Website at any time on this page.
By agreeing to comply with these and all associated Terms, we grant you a non-exclusive, non-transferable, licence to use the Website, for your personal, non-commercial use only.
We may update our Website from time to time to reflect changes to our products, users' needs and business priorities. We do not guarantee that our Website, or any content on it, will always be available uninterrupted or error-free and we reserve the right to withdraw, suspend or amend the services or functionality that we provide on the Website without notice for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable if for any reason the Website is unavailable at any time or for any period.
If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these Terms. If you know or suspect anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org.
We do not guarantee that our Website will be secure or free from bugs or viruses.
You are responsible for configuring your information technology, computer programmes and platform to access our Website. You should use your own virus protection software. You must not misuse the Website by knowingly introducing viruses, Trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to the Website. You must not attack our Website via a denial-of-service attack or a distributed denial-of-service attack. If you do so, you may be committing a criminal offence under the Computer Misuse Act 1990, or other applicable law based on your location. We may report any such breach to the relevant law enforcement authorities, and we will cooperate with those authorities by disclosing your identity to them. In case of such a breach, we reserve the right to immediately cease your right to use the Website.
You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions and that they comply with them.
You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.
You may not use our logo or associated branding without prior written consent.
You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists.
You must not establish a link to our Website on any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.
We reserve the right to withdraw linking permission without notice.
The website to which you are linking must comply with the content standard set out in our Acceptable Use Policy.
If you wish to link to or make any use of the content on our Website other than that set out above, please contact email@example.com
2: Employer Particulars
Creating an Account and a Profile
To use the Website as an Employer you must register and create an account on the Website (“Account”). To be eligible for an Account you must be at least 18 years old. You may not use this Website if you previously had an Account terminated or suspended. We reserve the right, in our sole discretion, to accept or reject your registration for an Account. If your registration is accepted by us, you will be allocated an Account.
In registering for an Account on the Website, you agree: (1) to provide true, accurate, current, and complete information about yourself; and (2) to maintain and promptly update the information to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You are permitted to manage/edit your Employer profile, and update and edit job listings, for example, by updating salary ranges.
If you provide any content on the Website (via your Account, or any of your interactions within the Website) that is untrue, inaccurate, not current, or incomplete, or Clu has reasonable grounds to suspect that any such content is untrue, inaccurate, not current or incomplete, Clu has the right to remove such content, suspend or terminate your Account and refuse all current or future use of the Website without notice to you.
You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You undertake that your login may only be used by you and a login shared by multiple people is not permitted. You agree not to create an Account or use the Website if you have been previously removed by Clu, or if you have been previously banned from the Website. Clu has the right to verify each email address linked to each Employer-Account. Accounts will only be activated following Clu’s email verification procedure.
Clu has the right to suspend or terminate your Account and refuse all current or future use of the Website at any time and for any reason.
Obligations and Rights of Employers
As an Employer, you can find, follow, and engage Job Seekers through the Clu Website.
When you view, send, store or receive information (including Job Seeker personal data) through or using the Website, Clu may, for example, use such information for its internal business purposes including but not limited to data analysis, quality control, or to refine the Website or any other product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise.
You shall actively promote equity of opportunity for all Job Seekers you engage through the Website with the right mix of talent, skills and potential and welcome applications from a wide range of Job Seekers, including those who fall within the vulnerable communities as specified in our Safeguarding Vulnerable Adults Policy.
You may wish to complete Clu's Inclusive Hiring Verification to engage Job Seekers who come from vulnerable communities rough the Website. When engaging Job Seekers who are protected by our Safeguarding Vulnerable Adults Policy, you shall adhere to the guidance of the policy and alert a member of Clu's team if you become aware at any moment of a breach of this policy within 24 hours.
You may receive messages, emails or email notifications corresponding with your activity on or using the Website. In all cases, such messages or notifications are provided solely as a courtesy. Clu disclaims all warranties regarding the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
You shall indemnify, keep indemnified, defend and hold harmless Clu, its agents, affiliates, and licensors from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims or any other liabilities arising out of any Account created by you, any job advert posted directly by you, any message sent by you or any other content or material that is uploaded to, or access via, the Website.
Confidentiality and Data Protection
As an Employer, you agree to keep confidential all information gained from Job Seekers through use of our Website (including but not limited to names, identities or personal information of any Job Seekers), together with all other information which is of a private, proprietary or confidential nature (“Confidential Information”). You agree to (1) not disclose the Confidential Information to any person other than your employees who have a reasonable need to know the information in connection with the potential recruitment of the Job Seeker (and provided always that you ensure that such employees are bound by obligations of confidentiality no less strict than this clause and you remain responsible with their compliance with this clause) and not to anyone outside of your organisation; (2) take appropriate physical, technical and administrative measures to protect the Confidential Information from loss, misuse, unauthorised access, disclosure, alteration or destruction. If requested, you shall immediately return or destroy (as directed by us) all Confidential Information.
You agree that for the purposes of applicable data protection legislation including but not limited to the Data Protection Act 2018 and the General Data Protection Regulation 2016/679 or similar laws based on your applicable jurisdiction ("Data Protection Legislation") you are a data controller of any and all personal data that you collect from Job Seekers on the Website and that you will process any such personal data submitted by Job Seekers following the Data Protection Legislation.
If you upgrade your Account to include a Clu subscription product, we will provide you with the Clu services described on the Website. Access as a Clu subscriber is subject to ongoing payment of relevant fees.
Clu Pro subscriptions are, unless otherwise agreed, for an initial 12-month term, and will automatically renew at the end of the initial term (subject to any agreed pricing changes) for subsequent periods of 12 months, unless you, or we, give 30 days written notice to terminate the subscription at the end of the initial, or any subsequent, term. We will notify you of any increase in pricing at least 45 days before the end of the initial, or any subsequent, term. We may, at our discretion, refuse to renew a Clu Pro subscription at the end of the initial, or any subsequent, term.
We are confident in the value of the Clu subscription products. We guarantee you will be able to make hires through the Clu platform, and if you have not done so at the end of the subscription term, we will at our discretion extend the subscription term by an agreed period (the Guarantee). As a condition of the Guarantee, you must: (i) ensure that all your live job vacancies are posted on the Clu platform (excluding those that are not suitable for the Clu platform), and (ii) continue to engage proactively with us throughout the term of the initial term and Guarantee, including by responding to our messages promptly and implementing our reasonable suggestions. For the Guarantee, “making a hire through the Website” means that you identified the relevant candidate on Clu at any time six months before hiring the candidate, or we have evidence that suggests they found or applied to a role at your company through Clu. This can be evidenced by various actions, including but not limited to, advancing a candidate past the Application stage to shortlisting, and/or hiring a candidate that saved or applied to a role from your company on Clu. If you circumvent or attempt to circumvent, the Clu platform to communicate with potential hires, then we reserve the right to terminate your account and Clu Pro subscription immediately. Any refunds will be paid to you three months after the end of the subscription term.
Intellectual Property and Acceptable Use
We are the owner or the licensee of all patents, utility models, rights to inventions, copyright and neighbouring and related rights, moral rights, trademarks and service marks, business names and domain names, rights in get-up and trade dress, goodwill and the right to sue for passing off or unfair competition, rights in designs, rights in computer software, database rights, rights to use, and protect the confidentiality of, confidential information (including know-how and trade secrets) and all other intellectual property rights, in each case whether registered or unregistered and including all applications and rights to apply for and be granted, renewals or extensions of, and rights to claim priority from, such rights and all similar or equivalent rights or forms of protection which subsist or will subsist now or in the future in any part of the world (“Intellectual Property Rights”) in our Website, and in the material published on it, including but not limited to text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software, job adverts, company profiles, blog posts and any other form of information capable of being stored in a computer that appears on or forms part of this Website, together with any such content uploaded by users of the Website (“Content”). Except as expressly set out in these Terms, all such rights are reserved, and nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo, or service mark displayed on the Website, or any other Intellectual Property Rights, without the owner's prior written permission.
You may print off one copy and may download extracts, of any page(s) from our Website for your records.
You must not modify the paper or digital copies of any Content you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or graphics separately from any accompanying text.
Our status (and that of any identified contributors) as the authors of Content on our Website must always be acknowledged.
You must not use any part of the Content on our Website for commercial purposes without obtaining a licence to do so from us or our licensors.
If you print off, copy or download any part of our Website in breach of these Terms, your right to use our Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made.
Nothing on this Website shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the Website without the owner's prior written permission.
This Website may include information and materials uploaded by other users of the Website, including bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on our Website do not represent our views or values.
The Content on our Website is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the Content on our Website.
Although we make reasonable efforts to update the information and Content on our Website, we make no representations, warranties or guarantees, whether express or implied, that the Content on our Website is accurate, complete or up to date.
You warrant that any such contribution does comply with those standards, and you will be liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer due to your breach of warranty.
Whenever you use a feature that allows you to upload Content to our Website, or to make contact with other users of our Website, you must comply with the content standards set out in our Acceptable Use Policy.
You warrant that any such contribution does comply with those standards, and you will be liable to us, and you shall indemnify, keep indemnified, defend, and hold harmless Clu, its affiliates, and its and their directors, officers, employees, agents, licensors, successors, and assigns from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims or any other liabilities arising out or in connection with any breach of that warranty. This means you will be responsible for any loss or damage we suffer due to your breach of warranty.
Any Content you upload to our Website 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 and other users of our site a limited, perpetual, irrevocable, royalty-free, fully paid up, transferable, worldwide license to use, store and copy that Content, to distribute and make it available to third parties, and to create derivative works as necessary for the operation of the Website. We also have the right to disclose your identity to any third party claiming that any Content posted or uploaded by you to our site constitutes a violation of their Intellectual Property Rights or their right to privacy.
We have the right to remove any posting you make on the Website if, in our opinion, your post does not comply with the content standards set out in our Acceptable Use Policy.
You are solely responsible for securing and backing up your Content.
We do not store terrorist content.
You represent that neither you nor any of your subsidiaries nor any director, officer, manager, or employee of yours or any of your subsidiaries is a person who (a) is the target of any laws administered by the United States Department of the Treasury's Office of Foreign Assets Control ("OFAC") or any other governmental entity imposing economic sanctions or trade embargoes ("Economic Sanctions Laws"), or (b) is located, organised, or resident in a country or territory that is, or whose government is, the target of sanctions imposed by OFAC or any other governmental entity. You shall promptly notify us if you or any of your subsidiaries, or any of your or your subsidiaries' directors, officers, managers, employees, or agents become the target of any Economic Sanctions Laws or the country or territory where any of them is located, organised, or resident becomes the target of sanctions imposed by OFAC or any other governmental entity.
Clu is a UK-registered trademark (UK00003705566) of Included.AI Limited. You are not permitted to use such trademark without our approval.
We respect and appreciate the thoughts and comments from our users. If you choose to provide input and suggestions regarding existing functionalities, problems with or proposed modifications or improvements to the Website ('Feedback'), then you hereby grant Clu an unrestricted, perpetual, irrevocable, non-exclusive, fully-paid, royalty-free right and license to exploit the Feedback in any manner and for any purpose, including to improve the Website and create other products and services. We will have no obligation to provide you with attribution for any Feedback you provide to us.
You may not use the Website for any of the following purposes: (i) in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website; (ii) making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner; (iii) in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order. You shall indemnify, keep indemnified, defend and hold harmless Clu, its agents, affiliates, and licensors from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims or any other liabilities arising out or in connection with any breach of this clause.
Links to Other Websites
Where our Website contains links to other sites and resources provided by third parties, these links are provided for information only. Such links should not be interpreted as approval by Clu of those linked websites or information you may obtain from them. Unless expressly stated, these sites are not under the control of Clu or our affiliates. You acknowledge and agree that in setting up an Account, Clu may link to your website and other third-party websites to direct Candidates to the relevant application portal.
We assume no responsibility for the content of such websites and disclaim liability for any and all forms of loss or damage arising out of the use of them.
Including a link to another site on this Website does not imply any endorsement of the sites themselves or those in control of them.
Limitation of Liability
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 for fraud or fraudulent misrepresentation.
Subject to the clause above:
we exclude all implied conditions, warranties, representations or other terms that may apply to our Website or any Content on it;
our liability to you shall not exceed one thousand pound sterling (£1,000);
we will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:
use of, or inability to use, our Website or any Content; or
use of or reliance on any Content displayed on our Website;
we will not be liable for:
loss of profits, sales, business, or revenue;
loss or corruption of data;
loss of anticipated savings;
loss of business opportunity, goodwill or reputation; or
any indirect or consequential loss or damage.
Each provision of these Terms that provides for limitation of liability, disclaimer of warranties, or exclusion of damages is intended to and does allocate the risks between the parties under these Terms. This allocation is an essential element of the basis of the bargain between the Parties. Each of these provisions is severable and independent of all other provisions of these Terms. These limitations will apply even if any limited remedy fails its essential purpose.
Terms and Termination
These Terms are effective beginning when you accept the Terms or first download, install, access, or use the Website, and ending when terminated as described below.
If you violate any provision of these Terms, then your authorisation to access the Website and these Terms automatically terminate. In addition, Clu may, t its sole discretion, terminate these Terms or your Account on the Website, or suspend or terminate your access to the website, at any time for any reason or no reason, with or without notice, and without any liability to you arising from such termination. You may terminate your Account and these Terms at any time by contacting Clu at firstname.lastname@example.org.
Upon termination of these Terms: (a) your license rights will terminate, and you must immediately cease all use of the Website; (b) you will no longer be authorised to access your Account or the Website; (c) you must pay Clu any unpaid amount that was due before termination, and (d) all payment obligations accrued before termination and relevant Clauses will survive. You are solely responsible for retaining copies of any Content you upload to the Website since upon termination of your Account, you may lose access rights to any Content you uploaded to the Website. If your Account has been terminated for a breach of these Terms, you are prohibited from creating a new Account on the Website using a different name, email address or other forms of account verification.
Except as expressly provided in these Terms the rights and remedies provided under these are in addition to, and not exclusive of, any rights or remedies provided by law.
Neither party shall be in breach of the Terms nor liable for delay in performing, or failure to perform, any of its obligations under the Terms if such delay or failure results from events, circumstances or causes beyond its reasonable control.
All amounts due under Terms from you to us shall be paid in full without any set-off, counterclaim, deduction or withholding (other than any deduction or withholding of tax as required by law).
You agree to bear all taxes, including withholding, sales, use, and other similar taxes imposed by any jurisdiction outside the United Kingdom. All amounts due under these Terms from you to us shall be paid in full without any set-off, counterclaim, deduction, or withholding (other than any deduction or withholding of tax as required by law). If any such taxes are required to be withheld from or are imposed on, any amounts that you are required to pay us under this agreement, you agree to pay us such additional amounts as are required such that, after the withholding or payment of all such taxes, we receive the same net amount as if such taxes had not been required to be withheld or paid. If any amounts due under these Terms are subject to any sales, use, or similar tax in any jurisdiction and you have not remitted the applicable tax, you will be responsible for the payment of such tax and any related penalties or interest to the relevant tax authority.
You shall allow Clu (or Clu’s authorised representatives or agents) to always have access to your Account to audit your use of the Website.
You may not transfer any of your rights under these Terms to any other person without our prior written consent. We may transfer our rights under these Terms without your consent.
The Contracts (Rights of Third Parties) Act 1999 shall not apply to these Terms, and no third party will have any right to enforce or rely on any provision of these Terms.
If any court or competent authority finds that any provision of these Terms (or part of any provision) is invalid, illegal or unenforceable, that provision or part-provision will, to the extent required, be deemed to be deleted, and the validity and enforceability of the other provisions of these Terms will not be affected.
Unless otherwise agreed, no delay, act or omission by a party in exercising any right or remedy will be deemed a waiver of that, or any other, right or remedy.
Our Website is directed to people residing in the United Kingdom. We do not represent that Content available on or through our Website is appropriate for use or available in other locations.
These Terms, their subject matter and their formation (and any non-contractual disputes or claims) shall be governed by and interpreted according to the law of England and Wales, and all disputes arising under these Terms (including non-contractual disputes or claims) shall be subject to the exclusive jurisdiction of the English courts.