FLEET SPEAK TERMS & CONDITIONS
The following terms and conditions govern all use of the fleetspeak.co.uk website and
all content, services and products available at or through the website (taken together,
the Website). The Website is owned and operated by Fleet Speak (“Fleet Speak”)
which is developed and maintained by Saturn F1 Pvt. Ltd., a company incorporated
under Companies Act, 2006 (company number 10380002 – VAT number: GB 257
3813 87) and having its registered office at 21 St. Thomas Street, Bristol, United
Kingdom, BS1 6JS. The Website is offered subject to your acceptance without
modification of all of the terms and conditions contained herein and all other
operating rules, policies (including, without limitation, Fleet Speak’s Privacy Policy)
and procedures that may be published from time to time on this Site by Fleet Speak
(collectively, the “Agreement”). These terms and conditions shall be subject to
change at time, at Fleet Speak’s discretion.
Please read this Agreement carefully before accessing or using the Website. By
accessing or using any part of the website, you agree to become bound by the terms
and conditions of this Agreement. If you do not agree to all the terms and conditions
of this Agreement, then you may not access the Website or use any services. If these
terms and conditions are considered an offer by Fleet Speak, acceptance is expressly
limited to these terms. The Website is available only to individuals who are at least 16
years old.
1. Your fleetspeak.co.uk Account and Site. If you create a blog/site on the
Website or access the Website to post jobs or apply for jobs, you are responsible
for maintaining the security of your account and blog, and you are fully
responsible for all activities that occur under the account and any other actions
taken in connection with any activity or accessing the blog on Website. You
must not describe or assign keywords to your blog in a misleading or unlawful
manner, including in a manner intended to trade on the name or reputation of
others, and Fleet Speak may change or remove any description or keyword that
it considers inappropriate or unlawful, or otherwise likely to cause Fleet Speak
liability. You must immediately notify Fleet Speak of any unauthorised uses of
your blog or job posting or application, your account or any other breaches of
security. Fleet Speak will not be liable for any acts or omissions by you,
including any damages of any kind incurred as a result of such acts or
omissions.
2. Responsibility of Contributors. If you post a job or apply for a job or operate a
blog, comment on a blog, post material to the Website, post links on the
Website, or otherwise make (or allow any third party to make) material
available by means of the Website (any such material, “Content”), you are
entirely responsible for the content of, and any harm resulting from, that
Content. That is the case regardless of whether the Content in question
constitutes text, graphics, an audio file, or computer software. By making
Content available, you represent and warrant that:
- the downloading, copying and use of the Content will not infringe the
proprietary rights, including but not limited to the copyright, patent, trademark
or trade secret rights, of any third party; - if your employer has rights to intellectual property you create, you have either
(i) received permission from your employer to post or make available the
Content, including but not limited to any software, or (ii) secured from your
employer a waiver as to all rights in or to the Content; - you have fully complied with any third-party licenses relating to the Content,
and have done all things necessary to successfully pass through to end users any
required terms; - the Content does not contain or install any viruses, worms, malware, Trojan
horses or other harmful or destructive Content; - the Content is not spam, is not machine- or randomly-generated, and does not
contain unethical or unwanted commercial Content designed to drive traffic to
third party sites or boost the search engine rankings of third party sites, or to
further unlawful acts (such as phishing) or mislead recipients as to the source of
the material (such as spoofing); - the Content is not pornographic, does not contain threats or incite violence
towards individuals or entities, and does not violate the privacy or publicity
rights of any third party; - your blog is not getting advertised via unwanted electronic messages such as
spam links on newsgroups, email lists, other blogs and web sites, and similar
unsolicited promotional methods; - your blog is not named in a manner that misleads your readers into thinking that
you are another person or company. For example, your blog’s URL or name is
not the name of a person other than yourself or company other than your own;
and - you have, in the case of Content that includes computer code, accurately
categorised and/or described the type, nature, uses and effects of the materials,
whether requested to do so by Fleet Speak or otherwise.
By submitting Content to Fleet Speak for inclusion on your Website, you grant
Fleet Speak a world-wide, royalty-free, and non-exclusive license to reproduce,
modify, adapt and publish the Content solely for the purpose of displaying,
distributing and promoting your blog. If you delete Content, Fleet Speak will
use reasonable efforts to remove it from the Website, but you acknowledge that
caching or references to the Content may not be made immediately unavailable.
Without limiting any of those representations or warranties, Fleet Speak shall
have full right to screen and approve the Content and allow or refuse publishing
of the Content posted on Website in its sole discretion. Fleet Speak has the right
(though not the obligation) to, in Fleet Speak’s sole discretion (i) refuse or
remove any Content that, in Fleet Speak’s reasonable opinion, violates any Fleet
Speak policy or is in any way harmful or objectionable, or (ii) terminate or deny
access to and use of the Website to any individual or entity for any reason, in
Fleet Speak’s sole discretion. Fleet Speak will have no obligation to provide a
refund of any amounts previously paid.
3. Payment and Renewal.
- General Terms
By selecting a product or service, you agree to pay Fleet Speak the one-
time and/or monthly or annual subscription fees indicated (additional
payment terms may be included in other communications) and the
additional fee for Job posting and advertisement ________. You also agree
to pay all applicable taxes, government charges and foreign exchange
fees_. Subscription payments will be charged on a pre-pay basis on the day
you sign up for an upgrade and will cover the use of that service for a
weekly, monthly or annual subscription period as indicated. All the
amounts paid by you are non-refundable. Unless you change or opt out or
remove your payment method, Fleet Speak may store and update your
payment method for use with subsequent campaigns, orders and purchases
submitted through your account. - Automatic Renewal.
Unless you notify Fleet Speak before the end of the applicable subscription
period that you want to cancel a subscription, your subscription will
automatically renew and you authorise us to collect the then-applicable
annual or monthly subscription fee for such subscription (as well as any
taxes) using any credit card or other payment mechanism we have on
record for you. Upgrades can be cancelled at any time by submitting your
request to Fleet Speak in writing any time before the next renewal.
4. Services.
- Job Posting and Advertisement Services :
If you want to access and avail the features of the jobs posting and
advertisement services then these terms and Conditions shall apply
along with any additional terms which may apply to specific jobs, and
such terms will be presented when you engage with such features on
paid basis as mentioned under Cl.5. The jobs and advertisement services
are designed to help you reach to a quality candidates for job
opportunities. You shall be responsible for all postings and content
therefor submitted by or on your behalf through the jobs services or
otherwise, including but not limited to the job descriptions, creatives,
trademarks, images, URLs and pixels that comprise the postings or
content therefor; and all content to which job postings may direct
viewers, as well as redirects to us. You shall be liable and responsible
for any activity conducted through your account, including any
purchases made or charges incurred and you need to ensure safety of
your account, you should not share your login id and password with
anyone to avoid any hacking or virus attack on Website. Reselling or
transferring access to the jobs services to any other party is not allowed.
By posting/uploading a job posting on the Website you confirm that you
have obtained all licenses/permits as are necessary for recruitment and to
indemnify us against all claims, damages arising out of actions/claims
that may be made in relation to the same.
Each posting by you must be for one (1) job opportunity; it is not
permitted for a posting to solicit applications for more than one position
and agree that you will not, and you will not enable or authorise any
third party, by virtue of the postings, destinations, or use of the jobs
services, to:-
- Engage in any illegal or fraudulent conduct and soliciting employees by
intentional misrepresentation. - Create postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
- “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting
- Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise non-traditional working conditions or compensation may constitute intentional misrepresentation.
- Create postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
- Provide identifiable candidate resume or application data to any other parties.
- Harass, stalk, or contact any applicant after they have asked not to be contacted.
- Create postings without possessing valid employer identification numbers, if applicable, or create postings in that would not allow compliance with applicable tax and employment laws.
- Create postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.
- Soliciting employees by intentional misrepresentation.
- Create postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country, the state or country where the job is to be performed.
- Engage in activities that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
- Except as expressly authorised by Fleet Speak in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information.
- Except as expressly authorised by Fleet Speak in writing, copy, modify or create derivative works of the jobs services or any related technology.
- Create postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the jobs services or any device or system or breach or circumvent any security measure of Fleet Speak or a third party.
Fleet Speak may, in its sole discretion, modify, or terminate any part or all of the jobs
services or suspend your ability to use the jobs services. Fleet Speak, in its sole
discretion, may reject or remove any posting at any time for any reason, regardless of
whether or not such posting was previously accepted or served.
- Fees; Payment. By signing up for a services account you agree to pay
Fleet Speak the applicable setup fees and recurring fees. Applicable fees
will be invoiced starting from the day your services are established and in
advance of using such services. The fees shall be negotiated and finalised
at the time of entering the contract and may be subject to change
depending on any offers, promotions, or any other event of such nature.
Fleet Speak reserves the right to change the payment terms and fees upon
thirty (30) days prior written notice to you. Notice shall also include
email intimation or change in the terms and conditions displayed on
the Website by us. The services can be cancelled by you at anytime on
thirty (30) days written notice to Fleet Speak. All payments of fees shall be
effected via bank transfers or PayPal, using the PayPal account
[email protected]. - Support. If your service includes access to priority email support. “Email
support” means the ability to make requests for technical support
assistance by email at any time (with reasonable efforts by Fleet Speak to
respond within one business day) concerning the use of the VIP services.
“Priority”; means that support takes priority over support for users of the
standard or free fleetspeak.co.uk services. All support will be provided in
accordance with Fleet Speak standard services practices, procedures and
policies.
5. Responsibility of Website Visitors. Fleet Speak has not reviewed, and cannot
review, all of the material, including computer software, posted to the
Website, and cannot therefore be responsible for that material’s content, use or
effects. By operating the Website, Fleet Speak does not represent or imply that
it endorses the material there posted, or that it believes such material to be
accurate, useful or non-harmful. You are responsible for taking precautions as
necessary to protect yourself and your computer systems from viruses, worms,
trojan horses, and other harmful or destructive content. The Website may
contain content that is offensive, indecent, or otherwise objectionable, as well
as content containing technical inaccuracies, typographical mistakes, and other
errors. The Website may also contain material that violates the privacy or
publicity rights, or infringes the intellectual property and other proprietary
rights, of third parties, or the downloading, copying or use of which is subject
to additional terms and conditions, stated or unstated. Fleet Speak disclaims
any responsibility for any harm resulting from the use by visitors of the
Website, or from any downloading by those visitors of content there posted.
6. Content Posted on Other Websites. We have not reviewed, and cannot
review, all of the material, including computer software, made available
through the websites and webpages to which fleetspeak.co.uk links, and that
link to fleetspeak.co.uk. Fleet Speak does not have any control over those non-
Fleet Speak websites and webpages, and is not responsible for their contents
or their use. By linking to a non-Fleet Speak website or webpage, Fleet Speak
does not represent or imply that it endorses such website or webpage. You are
responsible for taking precautions as necessary to protect yourself and your
computer systems from viruses, worms, Trojan horses, and other harmful or
destructive content. Fleet Speak disclaims any responsibility for any harm
resulting from your use of non-Fleet Speak websites and webpages.
7. Copyright Infringement and DMCA Policy. As Fleet Speak asks others to
respect its intellectual property rights, it respects the intellectual property
rights of others. If you believe that material located on or linked to by
fleetspeak.co.uk violates your copyright, you are encouraged to notify Fleet
Speak in accordance with Fleet Speak’s Digital Millennium Copyright Act
(“DMCA”) Policy. Fleet Speak will respond to all such notices, including as
required or appropriate by removing the infringing material or disabling all
links to the infringing material. Fleet Speak will terminate a visitor's access to
and use of the Website if, under appropriate circumstances, the visitor is
determined to be a repeat infringer of the copyrights or other intellectual
property rights of Fleet Speak or others. In the case of such termination, Fleet
Speak will have no obligation to provide a refund of any amounts previously
paid to Fleet Speak.
8. Intellectual Property. This Agreement does not transfer from Fleet Speak to
you any Fleet Speak or third party intellectual property, and all right, title and
interest in and to such property will remain (as between the parties) solely
with Fleet Speak. Fleet Speak, fleetspeak.co.uk, the fleetspeak.co.uk logo, and
all other trademarks, service marks, graphics and logos used in connection
with fleetspeak.co.uk, or the Website are trademarks or registered trademarks
of Fleet Speak or Fleet Speak’s licensors. Other trademarks, service marks,
graphics and logos used in connection with the Website may be the
trademarks of other third parties. No right or license is granted to you to
reproduce or otherwise use any Fleet Speak or third-party trademarks.
9. Advertisements. Fleet Speak reserves the right to display advertisements on
your blog unless you have purchased an ad-free account.
10. Attribution. Fleet Speak reserves the right to display attribution links such as
‘Blog at fleetspeak.co.uk’; theme author, and font attribution in your blog
footer or toolbar.
11. Partner Products. By activating a partner product (e.g. theme) from one of
our partners, you agree to that partner’s terms of service. You can opt out of
their terms of service at any time by de-activating the partner product.
12. Domain Names. If you are registering a domain name, using or transferring a
previously registered domain name, you acknowledge and agree that use of
the domain name is also subject to the policies of the Internet Corporation for
Assigned Names and Numbers (“ICANN”), including their Registration
Rights and Responsibilities.
13. Changes. Fleet Speak reserves the right, at its sole discretion, to modify or
replace any part of this Agreement. It is your responsibility to check this
Agreement periodically for changes. Your continued use of or access to the
Website following the posting of any changes to this Agreement constitutes
acceptance of those changes. Fleet Speak may also, in the future, offer new
services and/or features through the Website (including, the release of new
tools and resources). Such new features and/or services shall be subject to the
terms and conditions of this Agreement.
14. Termination. Fleet Speak may terminate your access to all or any part of the
Website at any time, with or without cause, with or without notice, effective
immediately. If you wish to terminate this Agreement or your fleetspeak.co.uk
account (if you have one), you may simply discontinue using the Website.
Notwithstanding the foregoing, if you have a paid services account, such
account can only be terminated by Fleet Speak if you materially breach this
Agreement and fail to cure such breach within thirty (30) days from Fleet
Speak’s notice to you thereof; provided that, Fleet Speak can terminate the
Website immediately as part of a general shut down of our service. All
provisions of this Agreement which by their nature should survive termination
shall survive termination, including, without limitation, ownership provisions,
warranty disclaimers, indemnity and limitations of liability.
15. Disclaimer of Warranties. The Website is provided “as is”. Fleet Speak and
its suppliers and licensors hereby disclaim all warranties of any kind, express
or implied, including, without limitation, the warranties of merchantability,
fitness for a particular purpose and non-infringement. Neither Fleet Speak nor
its suppliers and licensors, makes any warranty that the Website will be error
free or that access thereto will be continuous or uninterrupted. You understand
that you download from, or otherwise obtain content or services through, the
Website at your own discretion and risk.
16. Limitation of Liability. In no event will Fleet Speak, or its suppliers or
licensors, be liable with respect to any subject matter of this Agreement under
any contract, negligence, strict liability or other legal or equitable theory for:
(i) any special, incidental or consequential damages; (ii) the cost of
procurement for substitute products or services; (iii) for interruption of use or
loss or corruption of data; or (iv) for any amounts that exceed the fees paid by
you to Fleet Speak under this Agreement during the twelve (12) month period
prior to the cause of action. Fleet Speak shall have no liability for any failure
or delay due to matters beyond their reasonable control. The foregoing shall
not apply to the extent prohibited by applicable law.
17. General Representation and Warranty. You represent and warrant that (i)
your use of the Website will be in strict accordance with the Fleet Speak
Privacy Policy, with this Agreement and with all applicable laws and
regulations (including without limitation any local laws or regulations in your
country, state, city, or other governmental area, regarding online conduct and
acceptable content, and including all applicable laws regarding the
transmission of technical data exported from the United States or the country
in which you reside) and (ii) your use of the Website will not infringe or
misappropriate the intellectual property rights of any third party.
18. Indemnification. You agree to indemnify and hold harmless Fleet Speak, its
contractors, and its licensors, and their respective directors, officers,
employees and agents from and against any and all claims and expenses,
including attorneys’ fees, arising out of your use of the Website, including but
not limited to, any wrongful act, error, omission, fraud, gross negligence,
wilful misconduct and material breach, your violation of this Agreement etc.
19. Refund. Fleet Speak shall have no obligation to provide a refund of any
amounts or fee paid by you.
20. Miscellaneous. This Agreement constitutes the entire Agreement between
Fleet Speak and you concerning the subject matter hereof, and they may only
be modified by a written amendment signed by an authorised executive of
Fleet Speak, or by the posting by Fleet Speak of a revised version. Except to
the extent applicable law, if any, provides otherwise, this Agreement, any
access to or use of the Website will be governed by the laws of the United
Kingdom, excluding its conflict of law provisions, and the proper venue for
any disputes arising out of or relating to any of the same will be the state and
federal courts located in United Kingdom. Except for claims for injunctive or
equitable relief or claims regarding intellectual property rights (which may be
brought in any competent court without the posting of a bond), any dispute
arising under this Agreement shall be finally settled in accordance with the
Comprehensive Arbitration Rules of the Judicial Arbitration and Mediation
Service, Inc. (“JAMS”) by three arbitrators appointed in accordance with such
Rules. The arbitration shall take place in United Kingdom, in the English
language and the arbitral decision may be enforced in any court. The
prevailing party in any action or proceeding to enforce this Agreement shall be
entitled to costs and attorneys’ fees. If any part of this Agreement is held
invalid or unenforceable, that part will be construed to reflect the parties’
original intent, and the remaining portions will remain in full force and effect.
A waiver by either party of any term or condition of this Agreement or any
breach thereof, in any one instance, will not waive such term or condition or
any subsequent breach thereof. You may assign your rights under this
Agreement to any party that consents to, and agrees to be bound by, its terms
and conditions; Fleet Speak may assign its rights under this Agreement
without condition. This Agreement will be binding upon and will inure to the
benefit of the parties, their successors and permitted assigns.
