This agreement is between you and Route1 International Limited (company number 09715726) (“us”, “we”,“our”, “the Supplier” or “Route1”), a company incorporated in England and whose registered address is Ashford House, Grenadier Road, Exeter Business Park, Exeter, England, EX1 3LH.
Definitions and Interpretations
The following additional definitions are used throughout the Agreement:
- “Applicant” will refer to those who are seeking employment opportunities through the use of our Service;
- “Applicant CV” means a curriculum vitae, LinkedIn profile or other document that identifies an individual as an applicant for a role;
- “Employer” will refer to a company that is interested in hiring Applicants through the use of our Service;
- “You” or “User” refers to the individual or legal entity, as applicable, identified as the user when you register on the Site, whether as Employer or Applicant;
- “Service(s)” means the service provided by us to Users to match Applicants to suitable job vacancies advertised by Employers on our site as further described on our website or in this Agreement. “Service” means the service provided by the Supplier to match Applicants with employers, including the Employer, that have a job vacancy which may be suitable for that Applicant based on the information that both parties upload to the Site;
- “Personal Data” shall have the same meaning as set out in the General Data Protection Regulation 2016/679;
- “Registered User” means any person that signs up for an account on the Site on behalf of the Employer;
- “Site” means www.route1.co and/or the mobile application used to access the Site;
By accessing, using or browsing our site you confirm that:
- You have read, understand, accept and agree to comply with the terms of this Agreement, in particular, the fees provisions and the limitations of liability provisions set out below;
- You are 18 years or older;
- You have the authority to enter into this Agreement personally or on behalf of the company you have named as the Employer, and to bind that company to the Agreement.
If you do not agree to the terms of the Agreement, you must not use our site.
We have the right to disable any User if in our reasonable opinion you have failed to comply with any of the provisions of the Agreement.
Changes to these Terms
We may revise these Terms at any time in our sole discretion.
You can check when these Terms were last updated by checking the date in the header of the Terms. If we make any material changes, and you are a registered user of the Service, we will also send an email to you at the last e-mail address you provided to us pursuant to this Agreement. Any changes to the Agreement are effective immediately. You are responsible for checking this page from time to time to take notice of any changes we have made, as they are binding on you.
Continued use of our site or Service after any changes constitutes your consent to the changes.
In this Agreement
- The singular includes the plural and vice versa;
- Any phrase introduced by the words “including”, or similar, shall be construed as illustrative and without limitation to the generality of the related general words;
- References to any statute, enactment, order, regulation, instrument, code, standard or other similar instrument shall be construed as a reference to the statute, enactment, order, regulation, instrument (including any EU instrument), code, standard, or other similar instrument as amended, replaced, consolidated or re-enacted from time to time and shall include all subordinate legislation;
- Headings are included in this Agreement for ease of reference only and shall not affect the interpretation or construction of this Agreement;
- A reference to £ shall mean pounds sterling;
- A reference to ‘writing’ or ‘written’ includes email;
- Any obligation on a party not to do something includes an obligation not to allow that thing to be done;
- Reference to a company shall include any company, corporation or other body corporate, wherever and however incorporated or established; and
- This Agreement shall be binding on, and endure to the benefit of, the parties to this Agreement and their respective personal representatives, successors and permitted assigns, and references to any party shall include that party’s personal representatives, successors and permitted assigns.
We use our site to match Applicants with Employers who have a job vacancy that may be suitable for that Applicant based on the information that both parties upload to the Site (a “Match”).
Neither the Applicant or the Employer are obliged to offer or accept, as applicable, a job. Furthermore, if an offer of employment is made and accepted we will not be a party to, or have any obligation or liability in relation to, the relevant contract of employment.
When an Applicant applies for a job through the site the Employer will receive a copy of the Applicant’s CV and other supporting documentation including, without limitation, academic transcripts, references, deal/client lists for conflicts checks and proof of visa status (“Supporting Documentation”). We do not validate any information on the Applicant’s CV or in any Supporting Documentation.
The Employer acknowledges that when it receives an Applicant’s CV, and that Applicant is successful in obtaining an offer of employment from it, the Employer is bound to make an offer to that Applicant using the Site. Employers can not go through another third party, recruitment company or agent unless they received a copy of that Applicant’s CV in good faith through that third party, recruitment company or agent prior to receiving it through our site.
You acknowledge and accept that we do not verify any information provided by Users (although we reserve the right to conduct any background check or other checks at any time) and that Employers are responsible for conducting any background checks, reference checks, or other due diligence that may be required before making an offer of employment to an Applicant.
In order to use the Service as an Applicant or as an Employer, you must register. Registration and use of our Site is free but Employers should note the Fees incurred if an Applicant accepts a job offer made by an Employer using the Site (a “Placement”), which are detailed in the ‘Fees’ section below.
As part of the registration process an Applicant must complete a personal profile (an “IAMA”) detailing their seniority, specialism and location, and upon an application following a Match, they provide a CV and if necessary, Supporting Documentation. Applicants represent that all information uploaded to the site and/or delivered to a potential Employer when using the Services is, both at the time it is uploaded and at all times for which it remains on the site, true and accurate. Applicants are only authorised to register for one account. Employers may only register more than one account if authorised to do so in writing by us. Users must keep passwords confidential and secure at all times and must not disclose them to any third parties. You agree not to access or use, or attempt to access or use, the Site or any part thereof using the identity of any person other than yourself. Applicants agree to notify us in writing (via email to email@example.com) if they accept a job role offered by an Employer on our site. Employers agree to notify us in writing (via email to firstname.lastname@example.org) if an Applicant accepts a job role offered by an Employer on our Site.
Content and use of Site
You may only use our Site for lawful purposes. You may not use our Site: 1) for any other purpose other than to receive the Services; or 2) to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
We do not guarantee that our site will be secure or free from bugs or viruses. Content uploaded to our Site must not:
- Contain any material which is defamatory of any person.
- Contain any material which is obscene, offensive, hateful or inflammatory.
- Contain any contact details or hyperlinks to any other websites, apps or individuals.
- Promote sexually explicit material.
- Promote violence.
- Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age.
- Infringe any copyright, database right or trademark of any other person.
- Be likely to deceive any person.
- Be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence
- Promote any illegal activity.
- Be threatening, abusive or invade another’s privacy, or cause annoyance, inconvenience or needless anxiety
- Be likely to harass, upset, embarrass, alarm or annoy any other person.
- Be used to impersonate any person, or to misrepresent your identity or affiliation with any person.
- Give the impression that they emanate from us, if this is not the case.
- Advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse.
Any content you upload to our Site will be considered non-confidential and non-proprietary. An Applicant’s information will remain anonymous unless they decide to apply for a job through the Site at which point the Applicant’s CV, together with any Supporting Documentation, will be sent to the Employer. Users retain all ownership rights in their content, but acknowledge and agree that by uploading any content to the Site or providing any content to us either as an Employer or Applicant you allow us and third parties to use, store and copy that content and to distribute and make it available to third parties.
We have the right to remove any content on our Site at any time in our sole discretion. You are solely responsible for securing and backing up your content. We are not responsible for, and have no liability in relation to, the accuracy or completeness of any content uploaded by a User or any misuse of the site. We do not guarantee that use of our Site, or any content on it, will always be available or be uninterrupted. Access to our Site is permitted on a temporary basis. We may suspend, withdraw, discontinue or change all or any part of our Site without notice. We will not be liable to you if for any reason our Site is unavailable at any time or for any period. You are responsible for making all arrangements necessary for you to have access to our Site.
You as the Employer shall agree to:
- Co-operate with us in all matters relating to the Service;
- Keep all information gained from using our Site confidential and keep all passwords confidential and secure at all times and not disclose them to any third parties;
- Use any content submitted by Applicants in accordance with applicable privacy and data protection laws, including, without limitation, the General Data Protection Regulation (“GDPR”);
- Not disclose the names or identities of any Applicants outside of your HR department or any other staff members that are required to know such information to benefit from the Services;
- You will take appropriate physical, technical and administrative measures to protect content you obtain through use of the site and Service from loss, misuse, unauthorised access, disclosure, alteration or destruction;
- Notify us within five business days when an Applicant accepts a job role offered by you with details of the Applicant’s starting date and annual salary to email@example.com.
You further agree that if you employ an Applicant in any role within 12 months after receipt of the Applicant’s CV from our service, you shall promptly notify us when the Applicant accepts such job offer with details of the Applicant’s full name, title of the role, starting date and annual salary. The Employer in this case agrees to pay the Fees set forth below for Applicant’s acceptance of such job offer, regardless of how the intervening introduction to that Applicant is made. The interviewing of an Applicant or acknowledgement by the Employer of the introduction of the Applicant by us constitutes acceptance of these Terms and an agreement by the Employer to pay our Fee should an engagement of the Applicant in any capacity occur by the Employer, regardless of whether we are the effective cause of that engagement. The interviewer warrants that he/she is duly authorised to agree these Terms on behalf of the Employer.
The Employer shall:
- assist us complying with our duties as imposed by relevant statutory authorities by supplying any relevant information in connection with the Services requested by us and the Employer will not do anything to cause us to be in breach of such obligations.
- acknowledge and agree that it shall be responsible for obtaining all necessary work permits in respect of the Applicant;
- advise us of all health and safety matters about which we are required to inform the Applicant and in this respect the Employer acknowledges that it is responsible for taking appropriate measures to ensure the health and safety of the Applicant at all times pursuant to the Services;
- assist us complying with our duties as imposed by relevant statutory authorities by supplying any relevant information in connection with the Services requested by us and the Employer will not do anything to cause us to be in breach of such obligations.
The Employer agrees to pay us fifteen percent (15%) of an Applicant’s annual gross salary (or on the case of an equity partner, gross compensation) for every Applicant that accepts a job role offered by the Employer on our site (“Fees”).
Employers are advised to keep introductions of Applicants strictly private and confidential and not to disclose them to any third party without first obtaining our written consent, which will only be provided after the appropriate consent has been obtained by the Applicant as a data subject under the General Data Protection Regulation (GDPR). If the Employer, or any constituent partner of the Employer, or any member, partner, employee or agent of the Employee, decides to pass on an introduction of an Applicant to any third party other than the Employee, without first obtaining our prior written consent, which results in a contract of service, a contract for services or partnership, or in any other form of association or amalgamation, between that other person and the Applicant, then without prejudice to our other rights under these terms and generally, the Employee to whom the introduction was first made will be liable to us as if it was that other person and that other person had contracted with us on these Terms, save that a minimum fee of £10,000 shall be due, unless that other accepts liability under these Terms.
We processes the data of our Applicants in accordance with the GDPR. In submitting any data relating to the Applicant to the Employer, the Client represents and warrants that it will treat this information with an equal level of privacy and protection and will assume liability for any breach of the GDPR.
If an Applicant is hired using the Service but its employment is terminated within twelve weeks of commencement of the Engagement, then provided that:
- the fee payable by the Employer has been duly paid within 14 days of the commencement of the employment;
- the Employer has notified us in writing within 7 days of the cessation of the employment;
- neither the Employer nor any Associated Employer as such term is used under Section 231 of the Employment Rights Act 1996 shall engage the Applicant within 365 days of the termination of the first employment by the Employee, and
- termination of the employment is not by reason of redundancy,
The Employer shall be entitled to a rebate of the Fee according to the following scale:-
if the candidate leaves within 4 weeks – 75% reimbursement of Fee; if the candidate leaves within 8 weeks – 50% reimbursement of Fee; if the candidate leaves within 12 weeks – 25% reimbursement of Fee. In these circumstances, we shall only be obliged to reimburse Fees, not expenses. No refund is made in any respect of locum, temporary or contractor introductions.
If an Employer takes an Applicant introduced by Route1 into partnership (instead of entering into a contract of service or a contract for services), our Fee is 15% of the Applicant’s profit share subject to a minimum fee of £10,000. The Applicant’s profit share means the reasonably probable gross annual share of profits due to the Applicant for the first year from the date of his entering into the partnership. If any form of association or amalgamation between a Client and an Applicant introduced by us, other than a contract of service, a contract for services or partnership, results, a reasonable fee will become due on the date from which
the association or amalgamation commences, to be agreed between the Client and us, save that a minimum fee of £10,000 shall be due and payable.
We will invoice the Employer for the Fee on or after the start date of the Applicant with the Employer and Employer agrees to pay the Fee within 14 days of receipt of our invoice.
All Fees are exclusive of VAT and all other sales or other taxes or duties, and are non-refundable for any reason whatsoever.
The Fees or any rate of charge may be increased by us upon not less than thirty days prior written notice to the Employer, which notice may be provided through the Site.
Intellectual property rights
We are the owner or the licensee of all intellectual property rights relating to the Site and our Services, and in the material published on it, other than content uploaded by Users. Those works are protected by copyright laws and treaties around the world. All such rights in the Service and the Site are reserved. Nothing in this Agreement will serve to transfer from us to you any of our intellectual property rights, which will remain exclusively with us and/or our licensors.
You must not modify or use any materials, including without limit any illustrations, photographs, marks, video or audio sequences or any graphics, that are contained on our Site or provided as part of the Service.
You shall not:
- Modify, translate, create or attempt to create derivative copies of or copy the Site or any of our materials in whole or in part;
- Reverse engineer, decompile, disassemble or otherwise reduce the object code of the site to source code form
- Distribute, sub-licence, assign, share, timeshare, sell, rent, lease, transmit, grant a security interest in or otherwise transfer your right to use the Site.
You warrant that you own or have the right or licence to use and licence to us and third party users the intellectual property rights in any content you upload to the Site or provide to us and to disclose any content that might be considered confidential.
Disclaimer of warranties
The Site and Services are provided to you on an “as is” basis, for your information only and subject to the terms of this agreement. To the fullest extent permitted by law, we disclaim all warranties, of any kind, whether express or implied, including, but not limited to, the warranties of merchantability, fitness for a particular purpose, and non-infringement.
To the fullest extent permitted by law, we exclude and limit any warranty that: 1) the Site or Services will meet your requirements; 2) your use of the Site or Services will be uninterrupted, timely, secure or error-free; 3) the results that may be obtained from use of the Site or Services will be accurate or reliable; or 4) any errors in the Site or Services will be corrected.
You agree that you are solely responsible for all of your communications and interactions with other Users of the Site and Services.
Limitation of our liability
Nothing in these Terms excludes or limits our liability for death or personal injury arising from our negligence, or our fraud or fraudulent misrepresentation, or any other liability that cannot be excluded or limited by English law or other applicable.
We will not be liable to any User 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 Site;
- Content uploaded by a User; or
- Use of or reliance on any content displayed on our Site.
We will not be liable for:
- Loss of profits, sales, business, or revenue; business interruption;
- Loss of anticipated savings;
- Loss of business opportunity, goodwill or reputation;
- Misrepresentation; or
- Any indirect or consequential loss or damage.
If you are an Applicant, please note that we only provide our Site for domestic and private use. You agree not to use our Site for any commercial or business purposes.
We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of our Site, receipt of email from us or to your downloading of any content on it, or on any Site linked to it.
Our aggregate liability to you for all claims howsoever arising out of or in connection with this agreement and/or use of the Site and/or the Services (whether in contract, tort (including negligence) or otherwise) in any twelve month period shall be limited to £1,000.
Misrepresentation and liquidated damages
Any Applicant or Employer found to be mis-using this Site, including making false representations as to their identity or knowingly or recklessly providing false information will be immediately removed from the Site and will be liable to pay up to £100,000 in liquidated damages to cover the licence fee for use of the Site, information received from such use up to the point of termination and additional losses incurred by us.
You acknowledge and agree that in the above circumstances we may provide any information about your use of the Site or content you have uploaded to the Site to a third party, law enforcement agency or regulator to assist with any civil or criminal prosecutions or regulatory investigations relating to your misuse, mis-representation or false information, including without limit identity theft.
Linking to our website
You may link to our Site, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Site in any Site that is not owned by you. Our Site must not be framed on any other site, nor may you create a link to any part of our Site other than the homepage. We reserve the right to withdraw linking permission without notice.
Third party links and resources in our site
Where our Site contains links to other sites and resources provided by third parties, these links are provided for your information only. We have no control over the contents of those sites or resources.
We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to removal of your content from the Site (permanently or temporarily) and/or termination of any Services provided to you or your access to the Site. If you wish to terminate this Agreement, you may do so by cancelling your account on the site. Termination of the Agreement may result in the immediate removal from the Site of any content that you have uploaded. We will not have any liability whatsoever to you for any such suspension or termination, including for deletion of your content.
Governing law and jurisdiction
If you are an Applicant, these Terms, its subject matter and its formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction. If you are an Employer, these Terms, our subject matter and the Site (and any non-contractual disputes or claims in relation thereto) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.
In the event that a provision of this Agreement is found to be unlawful, conflicting with another provision of the Agreement, or otherwise unenforceable, the Agreement will remain in force as though it had been entered into without that unenforceable provision being included in it. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, we shall have the sole right to elect which provision remains in force.
No failure or delay by either party in exercising any of its rights or remedies under the Agreement shall operate as a waiver of those rights or remedies. No waiver shall be effective unless in writing and shall apply only in relation to the matter in respect of which it was specifically given. No waiver of any breach of the Agreement is a waiver of any subsequent or other breaches.
All provisions of this Agreement which by their nature should survive termination shall survive termination, including but not limited to the following sections: Intellectual Property Rights, Fees, Disclaimer of Warranties and Limitation of Liability.
You may not assign your rights and/or obligations under this Agreement to any other party without our prior written consent. We may assign our rights and/or obligations under this Agreement to any other party at our sole discretion.
Nothing in these Terms is intended to, or shall be deemed to, establish any partnership or joint venture between us, appoint either party as the agent of the other, nor authorise either party to make or enter into any commitments for or on behalf of the other party. You acknowledge that we are not an employment agency or an employment business for the purposes of the Conduct of Employment Agencies and Employment Business Regulations 2003.
You agree to maintain and promptly update your contact information, and any other information you provide to us, to keep it accurate, current and complete. You are responsible for providing us with your most current email address. Any emails delivered to you using the latest email address provided by you shall be deemed effective notice under this Agreement whether such email is received by you or not.
You may give notice to us at our registered address at the top of these terms. Such notice shall be deemed given when received by us by letter delivered by pre-paid first-class post or other next working day delivery service at the above address.