PLEASE READ THESE TERMS CAREFULLY BEFORE ACCESSING CATAPULT
1.2. The App and is by Catapult Ventures Limited (Catapult, us or we). We a limited registered in England and Wales under company 09712953 registered office is at 26 Curtain Road, London, EC2A 3NY, United Kingdom and whose trading address is LABS, 90 High Holborn, London, WC1V 6LJ, United Kingdom.
2. End-user licence applying to the App
2.2.1. not to copy the App except where such copying is incidental to normal use of the App, or where it is necessary for the purpose of back-up or operational security;
2.2.2. not to rent, lease, sub-license, loan, translate, merge, adapt, vary or modify the App or permit the App or any part of it to be combined with, or become incorporated in, any other programs;
2.2.3. not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App or attempt to do any such thing except to the extent that (by virtue of section 296A of the Copyright, Designs and Patents Act 1988) such actions cannot be prohibited because they are essential for the purpose of achieving inter-operability of the App with another software program, and provided that the information obtained by you during such activities:
a. is used only for the purpose of achieving inter-operability of the App with another software program;
b. is not unnecessarily disclosed or communicated without our prior written consent to any third party; and
c. is not used to create any software that is substantially similar to the App;
2.2.4. to keep all copies of the App secure and to maintain accurate and up-to-date records of the number and locations of all copies of the App;
2.2.5. to retain any copyright notices on all entire and partial copies you make of the App on any medium;
2.2.6. not to provide or otherwise make available the App in whole or in part (including object and source code) in any form to any person without prior written consent from us; and
2.2.7. to comply with all technology control or export laws and regulations that apply to the technology used or supported by the App.
3.1. In order to access the Service through the App as a registered user (a User), you must first register with Catapult and complete any further checks made by us.
3.2. To become a User, you must first complete all of the required fields set out in the registration process accessed via the Service. You confirm to us that any registration information provided to us is complete, accurate and not misleading and that you will keep it up to date as it changes over time.
3.3. Users may register to access the Service in one of the following roles:
3.3.1. Client, an organisation seeking Workers to perform assignments and/or seeking to allocate assignments to its own employees (Client Employees) (and the term Client shall, where appropriate, be deemed to include any such Client Employees); or
3.3.2. Worker, a person seeking temporary work for a Client assignment.
3.4. If you register as a Client:
3.4.1. you will be asked to accept the terms of the Catapult Client Agreement; and
3.5. If you register as a Worker, you will be asked to accept the terms of the Catapult Worker Agreement.
3.6. If you register a limited company, LLP or other incorporated entity as a Client, you confirm that you are duly authorised by the Client to access the Service and to bind the Client in that regard.
3.7. Once you have completed all of the required fields online, our acceptance of you as a User is subject to satisfactory completion of our internal checks, which may (in the case of Workers) include a “right to work” check. The contract between you and Catapult will only be formed when we confirm your registration as a User following completion of these checks. If we are unable to accept your registration request, we will inform you of this.
3.9. We reserve the right to deactivate any User accounts which have been inactive, or left incomplete for six months or more. Fake profiles are not permitted.
3.10. The Service is intended for use by Users in a business context only, and not for use for domestic or private purposes or otherwise as a consumer.
3.12. You are responsible for making all arrangements necessary for you to have access to the Service.
4. Protection of User account and password
4.1. You must treat any User account log ins, user identification codes, passwords or any other pieces of as part of our security procedures, as confidential. You must not disclose them to any third party or authorise others to use your User account.
4.2. You may not transfer your User account to any other person or entity. If you know or suspect that anyone other than you has obtained your user identification code or password and/or has accessed your User account, you must immediately notify us using the “Contact Us” section of the Platform and change your password.
4.3. You are for the acts and omissions of any third parties (including employees) who use your User identification code or password to access your User account, whether fraudulent or not, and you agree to reimburse us on demand for any loss we may suffer as a result of such use.
5. The Service
5.1. The Service consists of access to the P Catapult
8. Submitted Content
8.1. From time to time, you and other Users may submit information and/or content to the Service, including when setting up your User profile on the Service, uploading information (including, without limitation, information regarding assignments, client or worker ratings as applicable, and audio-visual content) while using the Service, and when using any communication, messaging, blogging or social media functionality that may form part of the Service from time to time (Submitted Content).
8.2. Your Submitted Content is solely your responsibility. In particular:
8.2.2. it is your responsibility to ensure that your Submitted Content is up to date and suitable for disclosure to other Users through the Service. You should not disclose confidential or otherwise sensitive information unless you are happy for it to be shared through the Service.
8.3. We will not control, verify or otherwise check Submitted Content and we take no responsibility for it whatsoever, including for its accuracy, completeness or suitability for use in the Service.
9. Intellectual property rights
9.1. Whilst the User (or your relevant licensors) will retain ownership of the copyright and all other intellectual property rights whatsoever (and wherever existing in the world, together IP Rights) subsisting in its Submitted Content, the User hereby:
9.1.3. agrees that Submitted Content may become part of a database and that we will own the rights in that database.
10. Use of Platform Content
10.1. The Service provides (amongst other things) Users with access to other User profiles, content and assignment details (together Platform Content). Your access to Platform Content will depend on your User role.
10.2. Whilst we do our best to provide a reliable and accurate Service, you acknowledge and agree that, except as expressly set out in the Worker Agreement or the Client Agreement or as required by applicable law:
10.2.1. we make no guarantee that Platform Content is correct, complete, accurate or up-to-date and we take no liability in that regard;
10.2.2. Platform Content may be dependent on the quality and accuracy of source information available to us; and
10.2.3. any use of or reliance by you on any Platform Content is entirely at your own risk, we take no responsibility for the consequences of such actions and in particular no guarantee is given by us that such actions will benefit you or your business in any way.
Except as expressly set out in the Worker Agreement or the Client Agreement or as required by applicable law, you acknowledge that any interaction with other Users is entirely at your own risk and we take no responsibility for the consequences of such actions. All decisions and actions taken by you in connection with any such interaction are your responsibility and taken at your own risk.
12. Limitation of our liability
12.3. Without prejudice to the terms of the Worker Agreement or the Client Agreement (as applicable), no representations, conditions, warranties or other assurances of any kind are given in respect of the Service and all statutory warranties and conditions are excluded to the fullest extent permissible by law. In particular, Catapult gives no guarantee that access to the Service will be uninterrupted or error-free or that the Service or other information obtained through the Service will meet your requirements. To the extent permissible by law, we will have no liability to you whatsoever in relation to the operation and receipt of the Service and you assume all risk of any use made of the Service. Access to the Service is permitted on a temporary basis. We may suspend, withdraw or discontinue or any part of the Service without notice. We will not be liable to you if, for any reason, the Service is unavailable at any time or for any period.
12.4. We use reasonable endeavours to remove bugs or viruses, but we do not guarantee that the App or the Service will be secure or free from bugs or viruses. You should use your own virus protection software. 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 the Service.
13. Prohibited uses of the Service
13.1. You may use the Service only for lawful purposes. You may not use the Service:
13.1.1. in any way that breaches any applicable local, national or international law or regulation;
13.1.2. in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
13.1.3. to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out below;
13.1.4. to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam); or
13.1.5. 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.
13.2. You also agree:
13.2.2. not to impersonate any other registered users; and
13.2.3. not to access without authority, penetrate, interfere with, damage or disrupt (or attempt to do any of the same): (i) the accounts of other Users; (ii) any part of the Service or its security measures; (iii) any equipment or network on which the Service is stored; or (iv) the App or any other software used in the provision of the Service.
14.1. These content standards apply to any and all Submitted Content (as defined in clause 8.1 above) submitted by you in your use of the Service.
14.2. You must comply with the spirit of the following standards, as well as the letter. The standards apply to each part of any User Content, as well as to its whole.
14.3. Submitted Content must:
14.3.1. be accurate (where it states facts);
14.3.2. be genuinely held (where it states opinions); and
14.3.3. comply with applicable law in the UK and in any country from which it is posted.
14.4. Submitted Content must not:
14.4.1. (except as contemplated by normal use of the Service) amount to advertising or offering for sale existing products, services or events, including, without limitation, competitions, links to other websites or premium rate telephone numbers;
14.4.2. contain any material which is defamatory or inaccurate of any person;
14.4.3. contain any material which is obscene, offensive, hateful or inflammatory;
14.4.4. promote indecent or sexually explicit material;
14.4.5. promote violence;
14.4.6. promote discrimination based on race, sex, religion, nationality, disability, sexual orientation or age;
14.4.7. infringe any copyright, database right, trade mark or other intellectual property rights of any other person;
14.4.8. contain video, audio photographs or images of another person without his or her permission (or in the case of a minor, the minor's legal guardian);
14.4.9. be likely to deceive any person;
14.4.10. be made in breach of any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
14.4.11. advocate, promote, assist or enable any illegal or unlawful activities (including, without limitation, copyright infringement or computer misuse) or intend to defraud, swindle or deceive other Users;
14.4.12. be threatening, abuse or invade another's privacy or cause annoyance, inconvenience or needless anxiety;
14.4.13. be likely to harass, upset, embarrass, alarm or annoy any other person;
14.4.14. be used to impersonate any person or to misrepresent your identity or affiliation with any person;
14.4.15. give the impression that they emanate from us, if this is not the case; or
14.4.16. disseminate or otherwise disclose another person's personal information without his or her prior permission, or collect or solicit another person's personal information for commercial or unlawful purposes.
15.2.1. immediate, temporary or permanent withdrawal of any relevant User account and/or your right to use the Service;
15.2.2. immediate, temporary or permanent removal of any Submitted Content;
15.2.3. the issue of a warning to you;
15.2.4. legal action against you; and
15.2.5. disclosure of such information to law enforcement authorities as we reasonably feel is necessary.
15.3. In the event that we withdraw your User account permanently, this will be deemed to constitute a termination of any ongoing assignments in which the User is involved at that time.
The responses described above are not limited and we may take any other action we reasonably deem appropriate.
15.5.1. you must immediately cease using the Service;
15.5.2. you must immediately delete or remove the App from all Devices and destroy all copies of the App in your possession or control and (if requested by us) certify that you have done so; and
15.5.3. we may delete any or all of your Submitted Content, subject to any legal obligations we may have to retain information relating to Workers and/or Client Employees.
16.3. From time to time, updates to the App may be issued. Depending on the update, you not be able to use the Service until you have downloaded the latest version of the App and accepted any new terms relating to it.
16.4. We may update the Service from time to time and may change the content and/or functionality provided through the Service at any time.
17. Third party links and resources in Catapult
17.1. Where the Service contains links to other sites and resources provided by third parties who are not under our control, these links are provided for your information only.
17.2. We have no control over, and assume no responsibility for, the content of those sites or resources or their availability. Any such links should not be interpreted as endorsement by us of those sites and we will not be liable for any loss or damage that may arise from your use of them.
17.3. You acknowledge that you are solely responsible for any links to external sites that you include in your User profile (if applicable) or otherwise provide to other Users through the Service.
18. Third party rights
19. Applicable law
20. Trade marks
“Catapult”, “Catapult Ventures” and the Catapult logo are trade marks of Catapult Ventures Limited. All our rights are reserved.
21. Contact us and complaints
To contact us, including with any comments or complaints regarding the Service, or if you are concerned that any content accessed through the Service breaches intellectual property or other rights, please contact our support line, use the “Contact Us” section of the App or email [email protected].