Terms of Use

 

This Website and application is published and operated by The Needle Limited (The Needle), and is made available to you on the following Terms of Use. By using our Website and the Services available you are deemed to accept these Terms of Use. These Terms of Use will be amended and updated from time to time the date of the latest update appearing at the bottom of this page.


The Website


The information and Services available on our Website are provided for users be they employers, employment agencies or candidates who use our Services to interact with each other for the purposes of placing people in jobs. You may view, download and print information from the Website for these purposes only and for no other personal or commercial purpose.


All copyright, database rights and other intellectual property rights and the material available on this Website belong to The Needle. Use of the Website does not give you any rights in such materials.


Interpretations


Unless the context otherwise requires, references to the singular include the plural and references to the masculine include the feminine, and vice versa. The headings contained in these are for convenience only and do not affect their interpretation.


Terms of Use for Candidates


Definitions


‘Company’ means The Needle Limited with registered office at Nadine House, 13 North Quay, Douglas IM1 4LE, Isle of Man;

‘Candidate’ means a job seeker who has been invited to, or has participated in a Video Interview by a Customer using the Company’s Services;

‘Customer’ means any person, company, organisation or firm that purchases Services from the Company, on behalf of its own organisation;

‘Services’ means all products and Services made available by the Company from time to time;

‘Video Interview’ means the process and completed video interview set up by the Customer and recorded by the Candidate.

‘Job Profile’ means the information relating to the job that the Customer will provide for the Candidate on the Website, before they commence the Video Interview.

‘Document Database’ means the mechanism in the Website that holds all documents, Customer and Candidate information and Video Interviews;

‘Website’ means the Company’s Internet location hosting the Services.



  1. The Services


1.1.  The Candidate, after receiving an email link inviting them to Video Interview by a Customer, is given access to the Job Profile, any additional documents and Video Interview portal to complete the Video Interview.

1.2.  The Candidate will receive a processed and complete copy of their Video Interview via an email and a link. This will be valid for seven days to the candidate and for a number of months to the Customer depending on the storage option the Customer has chosen.

1.3.  The Company will use reasonable endeavours to ensure continuous availability of the Website and all the Services available on it.

1.4.  The Company aims to support as many users as possible. It cannot guarantee availability of the service through all browsers.

1.5.  The Candidate can access support for the Service via the Knowledge Hub page, on the Website and access e-mail support via The Needle Support Team.

1.6.  The Website design and specification may alter at any time.

1.7.  While the Company seeks to provide excellent service, it will not accept any responsibility for the consequences of interruptions or delays, however caused.



  1. Cookies


2.1.  The Company may use ‘cookies’ on the Website. A cookie is a small text file sent by a Website and stored by the Candidate’s browser on the computer’s hard drive. The main purpose of a cookie is to streamline use of a Website. By using cookies the Company can keep track of use of the Website, speed up searches and provide customised content.

2.2.  The Company uses two types of cookie on the Website. Temporary cookies (session cookies) are used to keep track of a user’s activities while logged into the site. These cookies are not permanently stored on the hard drive. Persistent cookies are used if a user chooses the option to log in automatically without re-entering their username and password. These cookies will remain on the hard drive until deleted. The Candidate chooses whether to accept or reject cookies by changing the browser setting. The Candidate can accept all cookies, reject all cookies or ask to be notified when a cookie is set. Please note that if you choose to reject all cookies, you may not be able to use all the Company’s Services available on the Website.



  1. Candidate Information


3.1.  All completed video interviews are streamed from The Company’s servers and are not available to download by Candidates.

3.2. The Company does not review Candidate Video Interviews for content, unless for the express purposes of supporting the candidate setting up, or that the content has been brought to the Company’s attention due to it breaching these Terms of Use.

3.3.  The Company accepts no responsibility or liability for the contents of documents, Video Interviews, or Job Profiles.

3.4.  The Company is not responsible for the use by third parties of any personal information contained in the Candidate’s profile once he or she has granted access to Video Interview, or if he or she has disclosed their information to a third party.

3.6  It is the Candidate’s responsibility to obtain independent verification of information provided on the site by either Employers or Employment Agencies, prior to accepting a Video Interview invitation.

3.7.  The Candidate may use the Company’s Services and Website only for lawful purposes. The Candidate may not use the Website or Services to publish or distribute material that is defamatory, obscene, pornographic, paedophilic, discriminatory or offensive or which harasses the recipient; that infringes the intellectual property rights of any third party; that contains unsolicited commercial or advertising material, chain letters or other junk mail of any kind; or that contains viruses, spyware or other malicious code; or that is in any other way unlawful. The Company reserves the right to remove any material which in its discretion, it deems to be inappropriate or illegal.



  1. Limitation of liability


4.1.  The Company liability, and the liability of its third-party suppliers, for any loss or damage suffered by the Candidate as the result of her use of this Website is limited to actual direct damages, and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss. As required by law, this exclusion does not extend to death or personal injury caused by the Company’s negligence.



  1. Confidentiality


5.1.  The Company remains responsible for safeguarding Candidate personal information and will take all steps reasonably necessary to ensure that the Candidate’s personal information is treated securely.

5.2.  The Company will not disclose the personal information that the Candidate provides, or details of her visits to this Website, to any external organisations except:

5.2.1.     With her consent, or as necessary for the career management Services requested;

5.2.2.     To third party service providers who assist the Company in providing career management Services;

5.2.3.     Where the Company believes, it is required or permitted to do so by law, court order or a regulatory authority.

5.2.4.     The Company may also disclose or transfer personal information to a third party who acquires all or part of the Company’s business, whether through merger, acquisition, joint venture, consolidation or insolvency. In such a case, the recipient of the Candidate’s personal information may be located anywhere in the world.

5.2.5.     The Company will endeavour to protect the Candidate’s personal information but cannot guarantee the security of the information submitted via this Website, or that is stored by the Company.



  1. Relationship between Parties


6.1.  The Company explicitly does not guarantee suitability of Job Profiles.



  1. Applicable Law


7.1.  These Terms of Use are governed by and shall be construed in accordance with the laws of the Isle of Man. The parties submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction of the Courts of the Isle of Man.



Terms of Use for Customers



Definitions


‘Company’ means The Needle Limited with registered office at Nadine House, 13 North Quay, Douglas Im1 4LE, Isle of Man;

‘Candidate’ means a job seeker who has been invited to, or has participated in a Video Interview by a Customer using the Company’s Services;

‘Contract term’ means the full term of engagement of Services, agreed with the Company;

‘Dashboard’ means a mechanism used to manage applicant information;

‘Customer’ means any person, company, organisation or firm that purchases Services from the Company, on behalf of its own organisation;

‘Services’ means all products and Services made available by the Company from time to time;

‘Job Profile’ means the information relating to the job that the Customer will provide for the Candidate on the Website, before they commence the Video Interview.

‘Video Interview Credits’ means the mechanism that provides access to the Website that allows a Customer to invite Candidates to Video Interview via an invitation mechanism;

‘Video Interview’ means the process and completed video interview set up by the Customer and recorded by the Candidate.

‘Document Database’ means the mechanism in the Website that holds all documents, Customer and Candidate information and Video Interviews;

‘Short List Viewer’ is a mechanism in the Applicant Tracking page available to the Customer to Short List and share Video Interviews for assessment;

‘Hot List’ is a mechanism in the Candidate page available to the Customer to Hot List and share Video Interviews for assessment;

‘Website’ means the Company’s Internet location hosting the Services.



  1. Terms of Use


1.1.  No variation, amendment or alteration of these Terms of Use shall be valid unless mutually agreed by the Customer and Company in writing.

1.2.  These Terms of Use incorporate all pricing set out on the pricing page of the Website and the definitions contained within these Terms of Use shall be mutually applicable.



  1. The Services


2.1.  The Customer, through entering these Terms of Use and registering online with the Company, is given access to the Services offered including, but not limited to, password reset, account, branding, inbox, applicant tracking, Job Profile, Video Interview invitation system and Short List Viewer, Hot List.

2.2.  The Services supplied to the Customer are fully described on the pricing page of the Website at https://theneedleonline.com/pricing/.

2.3  The Company will use reasonable endeavours to ensure continuous availability of the Website and all the Services available on it.

2.4.  The Customer can access support for the Services via the Knowledge Hub on the Website and access e-mail support via The Needle Support Team.

2.5.  The Website design and specification may alter at any time.

2.6.  While the Company seeks to provide excellent service, it will not accept any responsibility for the consequences of interruptions or delays, however caused.



  1. Using Video Interview Credits


3.1.  Each Job Profile can be identified by a reference number supplied by the Customer when they set the Job Profile up.

3.2.  Invitations to candidates giving them access to the Job Profile and Video Interview portal are only possible after the purchase of video interview credits. One Candidate per credit can be invited to view the Job Profile and complete a Video Interview.

3.3.  There is no limit to the number of Candidates that can be invited, so long as sufficient credits have been purchased.

3.4.  Video Interviews can be purchased as agreed on the pricing page of the Website at https://theneedleonline.com/pricing.

3.5.  Video Interview credits will not expire and roll over from month to month.



  1. Use of the Document Database


4.1.  As the Customer, access to the material from the Document Database is determined by the Services purchased from the Company. On receiving permission to gain access to this material the Customer may:

4.2.  Search and use the information under the parameters of the Services purchased;

4.3.  Use the information about the Candidates contained in the Document Database to contact them;

4.4.  Use the information only in connection with the Customer’s own recruitment-related activities.

4.5.     The Customer must always comply with the Data Protection Act 2002 and all subsequent legislation and regulations;


4.5.  The Customer may NOT:

4.5.1.     Sell or license material from the Document Database, or a copy of it, to any other person, including another member of their group of companies;

4.5.2.     Download the Document Database through any manual or automated process;

4.5.3.     Contact the Candidates on the Document Database or make or allow any use of the information about those individuals, other than for finding suitable Candidates for specific recruitment campaigns.

4.5.4.     Share Video Interviews with anyone other than employees or sub contractors of the Customer or Customers involved in the specific recruitment process. This includes posting Video Interviews on social media sites.



  1. Responses to Job Profiles


5.1.  The Customer agrees to deal fairly and professionally with Candidates who respond to a video interview invitation.

5.2.  The Customer will indemnify the Company from and against any claim brought by a Candidate against the Company, arising from a breach in the Customer’s obligations in these terms.



  1. Cookies


6.1.  The Company may use ‘cookies’ on the Website. A cookie is a small text file sent by a Website and stored by the Candidate’s browser on the computer’s hard drive. The main purpose of a cookie is to streamline use of a Website. By using cookies the Company can keep track of use of the Website, speed up searches and provide customised content.

6.2.  The Company uses two types of cookie on the Website. Temporary cookies (session cookies) are used to keep track of a user’s activities whilst logged into the site. These cookies are not permanently stored on the hard drive. Persistent cookies are used if a user chooses the option to log in automatically without re-entering the username and password. These cookies will remain on the hard drive until deleted. The Candidate chooses whether to accept or reject cookies by changing the browser setting. The Candidate can accept all cookies, reject all cookies or ask to be notified when a cookie is set. If the Candidate chooses to reject all cookies, he may not be able to use all the Company’s Services available on the Website.



  1. Customer Account Registration


7.1.  The Customer, by registering and providing company information, and by using this Website, agrees to the use of company information under the Company’s Privacy Policy and these terms of use.

7.2.  The Customer is responsible for keeping log-on details (user name and password) confidential.



  1. Customer Obligations


8.1.  The Customer is responsible for all information held on its Job Profiles including job specifications, documents, and Video Interviews. The Customer will indemnify the Company from any claims or liability arising from content or links contained in its postings.

8.2.  The Customer may use the Company’s Services and Website only for lawful purposes. The Customer may not use the Website or Services to publish or distribute material that is defamatory, obscene, pornographic, paedophilic, discriminatory or offensive or which harasses the recipient; that infringes the intellectual property rights of any third party; contains unsolicited commercial or advertising material, chain letters or other junk mail of any kind; or contains viruses, spyware or other malicious code; or that is in any other way unlawful. The Company reserves the right to remove any material that it believes contravenes these terms.

8.3.  It is the Customer’s responsibility to obtain independent verification of information provided on the Website by a Candidate, prior to entering into any contract with him or her.



  1. Limitation of liability


9.1.  The Company liability, and the liability of its third-party suppliers, for any loss or damage suffered by the Customer as the result of use of this Website is limited to actual direct damages, and, except in the case of fraud, excludes any loss of future earnings, profit or prospects or any consequential or speculative loss.

9.2.  As required by law, this exclusion does not extend to death or personal injury caused by negligence.

9.3.  The material displayed on the Website is provided without any guarantees, conditions or warranties as to its accuracy.

9.4.  To the extent permitted by law, the Company hereby expressly excludes:

9.5.  All conditions, warranties and other terms that might otherwise be implied by statute, common law or the law of equity.

9.6.  Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with its Website or in connection with the use, inability to use, or results of the use of its Website, any Websites linked to it and any materials posted on it, including (i) loss of income or revenue; (ii) loss of business; (ii) loss of profits or contracts; (iv) loss of anticipated savings; (v) loss of data; (vi) loss of goodwill; (vii) wasted management or office time; and

9.7.  Whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable. This does not affect its liability for death or personal injury arising from its negligence, nor its liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.



  1. Confidentiality


10.1. The Company remains responsible for safeguarding Customer information and will take all steps reasonably necessary to ensure that Customer information is treated securely.

10.2. The Company will not disclose the personal information that the Customer provides, or details of its visits to this Website, to any external organisations except where the Company believes it is required or permitted to do so by law, court order or a regulatory authority.

10.3. The Company may disclose or transfer Customer information to a third party who acquires all or part of the Company’s business, whether through merger, acquisition, joint venture, consolidation or insolvency. In such a case, the recipient of your personal information may be located anywhere in the world.

10.4.  Although the Company will endeavour to protect any information provided by the Customer it cannot guarantee the security of the information submitted via this Website, or that is stored by the Company.

10.5. The Company does not review any Job Profile contents.

10.6. The Company accepts no responsibility or liability for the contents of CVs, personal documents, Video Interviews or postings and expect Candidates and Customers to carry out such verification they deem necessary.

10.7. The Company is not responsible for the use by third parties of any Job Profile information once available on the Campaign Manager, or if the Customer has disclosed Customer login details to a third party.



  1. Relationship between Parties


11.1. The Company explicitly does not guarantee suitability of Candidates to Job Profiles.



  1. Rights in the document and Video Interview database


12.1.  Document and Video Interview database rights and all other applicable copyright and intellectual property rights in the document and Video Interview database belong to the Company.

12.2.  The Customer does not acquire any rights in the database or its content, and that its retention and use of the database, and its content, is governed by these Terms of Use.



  1. Account Closure


13.1.  The Customer can close their account at any time providing there are no outstanding payments.

13.2.  Upon account closure by the Customer, no refunds will be made against outstanding Services.

13.3.  The Company can close the Customer account at any time, where the Customer commits a serious or persistent breach of its obligations.



  1. Prices


14.1.  Prices are guaranteed for the period agreed with the Company. Prices are confidential and may not be disclosed by the Customer.



  1. Payments


15.1.  Payments due to the Company for payable Services will be paid immediately before credits are loaded to the Customer’s account.

15.3.   Following agreement with Company, the Customer may be invoiced monthly for Services used and payment terms will be seven days or otherwise agreed by the Company.

15.4.  Late payment will entitle the Company to suspend provision of Services.

Interest will be payable on late payments at the rate of 4% above Bank of England base rate chargeable from the first day of delay.



  1. Termination


16.1.  The Customer may terminate the provision of Services by no fewer than 30 days’ notice to expire at the end of a contract month. This must be documented in email format to info@theneedleonline.com .

16.2.  Termination by the Customer before the end of the contract term may, at the Company’s sole discretion, result in loss of any discounts agreed.

16.3.  Termination before the end of the contract term will also result in the remaining charge left for that contract term being due immediately.

16.4.   The Company may terminate the provision of Services if:

16.4.1.  The Customer is in material breach of these terms and conditions and has not remedied such breach within seven days of notice specifying the breach and requiring that it be remedied, or:

16.4.2.  The Customer becomes insolvent, ceases to trade or goes into liquidation.



  1. Illegality


17.1.               If any provision or term of these Terms of Use shall become or be declared illegal, invalid or unenforceable for any reason whatsoever including, but without limitation, by reason of the provisions of any legislation or other provisions having the force of law or by reason of any decision of any Court or other body or authority having jurisdiction over the parties of these Terms of Use such terms or provisions shall be divisible from these Terms of Use and shall be deemed to be deleted from these Terms of Use provided always that if any such deletion substantially affects or alters the commercial basis of these Terms of Use the parties shall negotiate in good faith to amend the modify the provisions and terms of these Terms of Use as necessary or desirable in the circumstances.



  1. Waiver


18.1. These Terms of Use shall not be waived in whole or in part except where agreed by both parties in writing.

18.2.  The non-enforcement of any of the terms of Terms of Use by either party shall not be construed as a waiver of any of that party’s other rights or as a waiver or relinquishment of the right to assert or rely upon any such terms or rights on any future occasion.



  1. Applicable Law


19.1.  These Terms of Use are governed by and shall be construed in accordance with the laws of the Isle of Man. The parties submit all their disputes arising out of or in connection with these Terms of Use to the exclusive jurisdiction of the Courts of the Isle of Man.



This version was published on 3 March 2017