Terms of Service
Last updated Dec 5th, 2018
The following terms and conditions (“Terms”) are between you and Picked Group Limited and constitute a binding legal agreement that governs your use of the Service (“Agreement”). By using the Service or this website you are agreeing to accept and comply with the Terms, which Picked Group Limited may update at any time without notice. You should visit this page periodically to review the then-current Terms. You understand and agree that your continued use of the Service after the Terms have changed constitutes your acceptance of the Terms as revised.
2. Our Role
Picked Group Limited is an online service that connects Talent with Employers through a non-binding interview request process for a Talent’s services. As Talent, you have an opportunity to find a position with an Employer with transparency as to role and compensation in each interview request. Additionally, your use of the Service is free, and there is no obligation.
As an Employer, you can find qualified Talent and reduce the costs involved with hiring and retaining such Talent. You may send interview requests ("Requests") for any Talent on our Service that you feel may be a fit for your company. However, these Requests are non-binding and do not create a binding employment contract.
In registering for an account on the Site (as either Talent or Employer), you agree to (1) provide true, accurate, current, and complete information about yourself as prompted by the Service registration form (“Registration Data”), and (2) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. You are responsible for all activities that occur under your account. If you provide any Content that is untrue, inaccurate, not current, or incomplete, or Picked Group Limited has reasonable grounds to suspect that such Content is untrue, inaccurate, not current or incomplete, Picked Group Limited has the right to suspend or terminate your account and refuse any and all current or future use of the Site and/or Service.
You agree not to create an account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one account. You agree not to create an account or use the Site or Service if you have been previously removed by Picked Group Limited, or if you have been previously banned from the Site or Service.
4. Conduct of Employment Agencies and Employment Businesses Regulations 2003
Picked Group Limited, the Employer and the Talent agree that for the purposes of the Conduct of Employment Agencies and Employment Businesses Regulations 2003 (the "Conduct Regulations"), Picked Group Limited shall be an ‘employment agency’, the Employer shall be a ‘hirer’ and the Talent shall be a ‘work-seeker’, as defined in the Conduct Regulations and Employment Agencies Act 1973.
By accepting the terms set out in this Agreement, the Talent agrees to provide Picked Group Limited with such information as Picked Group Limited may reasonably request, including (without limitation) as to the identity of the Talent and information in relation to the a Talent’s experience, training, qualifications and authorisations as are necessary to undertake the work. The Talent accepts that Picked Group Limited may not be able to introduce the Talent to an Employer if any of the information requested is required and has not been provided.
By accepting the terms set out in this Agreement, the Employer agrees to provide all the information needed by Picked Group Limited to enable Picked Group Limited to comply with its obligations under the Conduct Regulations.
The Employer shall indemnify and keep indemnified the Picked Group Limited Parties and their respective officers, directors, employees and agents from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to reasonable legal fees) arising from the Employer's breach of any of its legal obligations, including as a result of the Employer's failing to provide the information required or providing information which is inaccurate or incomplete.
5. Your Responsibilities
You are responsible for your use of the Site and Service and for any use of the Site or Service made using your account. You agree not to access, copy, or otherwise use the Site or the Service, including our intellectual property and trademarks, except as authorised by this Agreement or as otherwise authorised in writing by Picked Group Limited.
Without prejudice to any other rights, Picked Group Limited may terminate your account for violating one or more of your responsibilities, for violating applicable laws, rules or regulations, any other provision in this Agreement, or for any other lawful purpose or at our discretion, with or without notice.
6. Requesting Interviews and Hiring
After an Employer’s registration has been accepted by us, the Employer will be able to browse the Talent on our Site, communicate anonymously with these Talent, and submit preliminary non-binding Requests to Talent.
Picked Group Limited does not act as an agent for the purposes of the Request process. Picked Group Limited merely provides Talent a location and the software tools to enable them to find and connect with Employers. Talent and Employers are solely responsible for any issues arising from the use of the Service.
Any agreements created between an Employer and Talent are not binding on us. We are not liable for, or obligated to enforce, any agreements between an Employer and Talent.
7. Payments and Refunds
Picked Group Limited is free for Talent.
Employers will be charged an agreed upon success fee or for more regular use, an ongoing subscription fee.
The success fee is the agreed percentage of the Talent's first year base salary. It shall be due and payable thirty (30) days after the offer date.
If Employers pay by subscription, your “Original Contact Term” will begin on the date that you pay to subscribe and expire at the end of the period selected in the subscription process and specified in the quote form provided to you by Picked Group Limited (“Quote Form”), unless terminated earlier in accordance with this Agreement.
Unless either party provides notice that it does not intend to renew this Agreement at least 30 days before the end of the Contract Term, this Agreement will be automatically renewed for a “Renewable Contact Term”:
(a) on the terms and conditions of this Agreement then in effect; (b) subject to the pricing structure and usage levels specified for renewal terms in this Agreement and (c) for a term equal to the lesser of the Original Contract Term or one year. Except as provided in this Agreement, a Contract Term cannot be cancelled prior to its expiration. Fees for each Contract Term are non-cancellable, and fees paid in advance will not be refunded.
8. Limitations on Liability
Through Picked Group Limited’s Site and Service, users of the Service may be able to post content about third parties. Third parties have no right under the Contracts (Rights of Third Parties) Act 1999 or otherwise to enforce any terms of the Agreement and Picked Group Limited is not liable to third parties for any content that has been posted or viewed on the Site or Service.
Picked Group Limited shall not be liable for any indirect, incidental, special, exemplary, or consequential damages arising out of or in connection with the site and/or service nor for any damages resulting from loss of use, data, or profits, whether or not Picked Group Limited has been advised of the possibility of such damages, or for any damages or emotional distress arising out of or in connection with this agreement, or from any communications, interactions or meetings with other users of the site or service, in each case on any theory of liability, resulting from (a) the use or inability to use the site or service; (B) statements or conduct of any third party on the site or service; or (C) any other matter related to the site or service, whether based on warranty, copyright, contract, tort (including negligence), product liability or any other legal theory.
Picked Group Limited shall not be liable to a candidate or Employer in respect of any claims arising under or in connection with this agreement and/or the use of the site or service, regardless of the cause of action.
Nothing in this agreement shall operate so as to exclude or limit the liability of either party to the other for death or personal injury arising out of negligence, or for any other liability which cannot be excluded or limited by law.
9. Intellectual Property
Picked Group Limited, the Picked logo, www.picked.ai and other Picked Group Limited trademarks, service marks, graphics, logos used in connection with the Service are trademarks or registered trademarks of Picked Group Limited Inc. in the UK and/or other countries. Other trademarks, service marks, graphics, and logos used in connection with the Service may be the trademarks of their respective owners. You are granted no right or license in any of the aforesaid trademarks, and further agree that you shall not remove, obscure, or alter any proprietary notices (including trademark and copyright notices) that may be affixed to or contained within the Service.
10. Your License
You hereby grant to Picked Group Limited and its owners, affiliates, representatives, licensors, licensees and assignees (the “Picked Group Limited Parties”) a non-exclusive, fully-paid, royalty-free, world-wide, universal, transferable license to: (1) display, publicly perform, distribute, store, broadcast, transmit and reproduce your logo(s), trademarks and tradenames through the Site, the Service and/or any other medium currently invented or invented in the future; and (2) display, publicly perform, distribute, store, broadcast, transmit, reproduce, modify, prepare derivative works and otherwise use and reuse all or any part of the Content and anything we may make with the Content through the Site, the Service and/or any other medium currently invented or invented in the future. Further, you waive and agree never to assert any and all moral rights in and to all of the materials licensed in this Section 10.
We reserve the right to display advertisements in connection with the Content. We are not required to host, display, or distribute any of the Content and we may refuse to accept or transmit the Content, and may remove or delete all or any portion of the Content from Picked Group Limited at any time. By submitting any Content to us, you hereby represent and warrant that you own all rights to the Content or, alternatively, that you have the right to give us the license described above.
Finally, you represent and warrant that the Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and/or the Service you will be exposed to content from a variety of sources, and that Picked Group Limited is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such content, and that such content is not the responsibility of Picked Group Limited. You further understand and acknowledge that you may be exposed to content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the Picked Group Limited Parties with respect thereto and agree to indemnify and hold the Picked Group Limited Parties harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.
11. Force Majeure
Neither party shall be responsible to the other for its failure to comply with any part of this Agreement, if this is the result of events beyond its reasonable control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, employment shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond its control (a "Force Majeure Event"), provided that the party affected gives prompt notice in writing to the other party of such Force Majeure Event and uses all reasonable endeavours to continue to perform its obligations under the Agreement. If the Force Majeure Event continues for more than one month, the party not subject to the Force Majeure Event may terminate the Agreement by notice in writing to the other party.
You may terminate your account and/or stop using the Service at any time. Picked Group Limited may at any time, under certain circumstances and without prior notice, immediately terminate or suspend all or a portion of your account and/or access to the Service. Circumstances under which Picked Group Limited may effect such termination shall include, but not be limited to: (a) violations of the Terms or any other policies or guidelines that are referenced herein and/or posted on the Service; (b) a request by you to cancel or terminate your account; (c) discontinuance or material modification to the Service or any part thereof; (d) a request and/or order from law enforcement, a judicial body, or other government agency; (e) where provision of the Service to you is or may become unlawful; (f) your participation in fraudulent or illegal activities.
Any such termination or suspension shall be made by Picked Group Limited in its sole discretion and Picked Group Limited will not be responsible to you or any third party for any damages that may result or arise out of such termination or suspension of your account and/or access to the Service, including without limitation loss of business contacts, sensitive business information or other data. Picked Group Limited may, at its sole discretion, terminate your use of the Service or access to this website at any time without notice.
Upon termination of your account you lose all access to the Service and any portions thereof, including, but not limited to, your Autopilot account and any content, contacts, data or documents generated, published or stored by the Service.
13. Disclaimer of Warranties
Some jurisdictions do not allow the exclusion of certain warranties, so to the extent such exclusions are specifically prohibited by applicable or mandatory law, some of the exclusions set forth below may not apply to you.
You expressly understand and agree that your use of the service is at your sole legal risk and the service is provided on an "as is" and "as available" basis. Picked Group Limited and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors, to the fullest extent permitted by applicable or mandatory law, expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement. In particular, Picked Group Limited and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors make no warranty that (a) the service will meet your requirements; (b) your use of the service will be timely, uninterrupted, secure or error-free; (c) any information obtained by you as a result of the service will be accurate or reliable; and (d) any defects or errors in the software provided to you as part of the service or the service itself will be corrected.
Any material or content transmitted, stored, accessed or otherwise maintained through the use of the service is done so at your own discretion and risk, and you will be solely responsible for any damage to your device or loss or corruption of data that results from any such use of the service. You further acknowledge that the service is not intended or suitable for use in situations or environments where the failure or time delays of, or errors or inaccuracies in, the content, data or information provided by the service could lead to death, personal injury, or severe physical or environmental damage. No advice or information, whether oral or written, obtained by you from Picked Group Limited or through or from the service shall create any warranty not expressly stated in these terms.
14. Limitation of Liability
Some jurisdictions do not allow the exclusion or limitation of liability for incidental or consequential damages, so to the extent such exclusions or limitations are specifically prohibited by applicable or mandatory law, some of the exclusions or limitations set forth below may not apply to you. You expressly understand and agree that Picked Group Limited and its affiliates, subsidiaries, officers, directors, employees, agents, partners and licensors shall not be liable to you for any direct, indirect, incidental, special, consequential or exemplary damages, including, but not limited to, damages for loss of profits, loss of business opportunities, goodwill, use, data (including business contacts), cost of procurement of substitute goods or services, or other intangible losses (even if Picked Group Limited has been advised of the possibility of such damages), resulting from: (a) the use or inability to use the service; (b) any changes made to the service or any temporary or permanent cessation of the service or any part thereof; (c) the unauthorized access to or alteration of your transmissions or data; (d) the deletion of, corruption of, or failure to store and/or send or receive your transmissions or data on or through the service; (e) statements or conduct of any third party on the service; and (f) any other matter relating to the service.
You agree to defend, indemnify and hold Picked Group Limited, its affiliates, subsidiaries, directors, officers, employees, agents, partners and licensors harmless from any claim or demand, including reasonable lawyer's fees, made by a third party, relating to or arising from: (a) any content you submit, post, transmit, or otherwise make available through the service; (b) your use of the service; (c) any violation by you of these terms; or (d) your violation of any rights of another. This obligation shall survive the termination or expiration of these terms and/or your use of the service.
Picked Group Limited may provide you with notices regarding the service, including changes to these terms, by email, SMS, regular mail, or by postings on its website and/or the service.
These terms, along with any exhibit or appendix, including any quote form, constitutes the entire agreement between you and Picked Group Limited and govern your use of the service. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third-party content, or third-party software or services. 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. The failure of Picked Group Limited to exercise or enforce any right or provision of these terms shall not constitute a waiver of such right or provision. You agree that, except as otherwise expressly provided in these terms, there shall be no third-party beneficiaries to this agreement. Any translation of these terms is done for local requirements and in the event of a dispute between the English and any non-English versions, the English version of these terms shall govern. You agree that any claim or cause of action you make arising out of or related to these terms or the use of the service must be filed within one (1) year after the cause of action arose or be forever barred.