ZAPNITO COMMUNITY PLATFORM TERMS OF USE

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE ACCESSING AND USING THE ZAPNITO COMMUNITY PLATFORM (THE “PLATFORM”).

THE ZAPNITO COMMUNITY PLATFORM

Welcome to the Zapnito Community Platform which has been designed for the following purposes:

  • To act as a space for you to explore assessment best practice for recruitment and development, to connect with peers, and to support continued professional development; and
  • To support our client onboarding process.

The level of access you have to the Platform will depend on the subscription you hold with us. For example, there may be certain features, functions or rooms within the Platform which are reserved for our clients or for certain clients. You may therefore find there are certain features, functions or rooms within the Platform that you cannot access or use.

INFORMATION ABOUT US

The Platform is owned and operated by Sova Assessment Limited (“We”, “Us”, “Our”). We are registered in England and Wales under company number 09593533 and have our registered office at Sterling House, 19 / 23 High Street, Kidlington, Oxfordshire, OX5 2DH. Our VAT number is [GB 223 9423 18].

To contact us, please email [community@sovaassessment.com] or telephone our customer service line on [+44 (0)207 947 4330.

BUSINESS USERS ONLY

The Platform is designed for use by business users only. By accessing and / or using the Platform, you confirm you are acting in the course of a business and you are not a consumer. If you are a consumer, you must not access or use the Platform.

As you are accessing and using the Platform in the course of a business, you warrant and undertake that you have the necessary authority to bind the business you represent to these terms of use and that by accessing and / or using the Platform you are binding both yourself and the business to these terms of use and the terms “you” and “your” shall be construed accordingly.

ACCEPTANCE OF THESE TERMS

By accessing and / or using the Platform, you confirm that you accept these terms of use and that you will comply with them. If you do not agree to these terms of use, you must not access or use the Platform.

If you breach these terms of use, we will take such action as we deem appropriate in the circumstances including suspending or terminating your access credentials and rights to access and use the Platform.

You must be at least 18 years old to access and use the Platform. By accessing and using the Platform, you confirm you are at least 18 years old.

We amend these terms of use from time to time. By accessing and / or using the Platform, you are deemed to have accepted the most recent version of these terms of use.

OTHER APPLICABLE TERMS

These terms of use refer to the following additional terms, which also apply to your use of the Platform:

  • Our Privacy Policy, which sets out information about how we use personal data received via the Platform; and
  • Our Cookie Policy, which sets out information about the cookies on the Platform.

If you are our client, a separate contract applies to our supply of services to you (“Client Contract”). These terms of use do not affect the Client Contract.

The rights of each client and its users to access and use the features, functions and rooms reserved for clients within the Platform will automatically terminate once the Client Contract expires or terminates.

accessing the platform outside the uk

If you access or use the Platform from outside the United Kingdom, it is your responsibility to ensure you can lawfully do so from your country or territory and that the Materials (as defined below) available from the Platform are appropriate for use in your country or territory.

YOUR PROFILE

You must complete your Platform profile in full as soon as possible. The more detail you add to your profile, the more other users will want to engage with you and the more connected you will be with fellow users.

You warrant and represent that you will complete your profile accurately and truthfully. You shall not include information within your profile, or make claims or statements about yourself, that are not true.

keep your account details safe

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you shall treat such information as confidential and you shall not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, without notice to you.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us using the contact details set out above.

PLATFORM materials

We are the owner or the licensee of all intellectual property rights in the Platform, and in the materials published on it (“Materials”). Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

We grant you a non-exclusive licence to access and use the Platform and to access, use, view, download and print the Materials for your own internal business purposes in accordance with these terms of use.

You must not modify any Materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

You can share some Materials by using the “share” button for the Materials. If there is no “share” button for the Materials, you must not share or republish the Materials in any form.

If you share any Materials via the “share” button, you must attribute the Platform as the source of the Materials.

You must only access and use the Platform and the Materials for your own personal use. You must not sell, rent or commercially exploit the Platform or any Materials without our prior written permission.

information on the platform

general rules

The content on the Platform is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on the Platform.

Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties or guarantees, whether express or implied, that the content on the Platform is accurate, complete or up to date.

User-generated content

The Platform may include information and materials uploaded by other users of the Platform, including to bulletin boards and chat rooms. This information and these materials have not been verified or approved by us. The views expressed by other users on the Platform do not represent our views or values.

If you wish to complain about content uploaded by other users, please contact us using the contact details set out above.

our participation on the platform

We will join in with conversations and answer questions you have related to talent acquisition, assessment and recruitment best practice.

Whilst we will always do our best to respond to you promptly, we do not guarantee any particular response times. Our team works Monday to Friday [9am to 5pm] UK time excluding bank and public holidays in England so we will respond during these times.

Where we participate on the Platform, such as where we respond to your direct messages, join in with conversations and / or answer questions you submit to community discussions, the information we provide is not advice and must not be relied on as advice. We will not be liable to you for the information we provide or for any action you take or refrain from taking based on the information we provide.

LIABILITY

  • We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.
  • You acknowledge and agree that the Platform and Materials are provided on an “as is” and “as available” basis without any warranties or representations of any kind.
  • We will not be liable to you 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:
    • your use of, or inability to use, the Platform or Materials;
    • your use of or reliance on the Platform or any Materials; or
    • our participation on the Platform including our responding to direct messages, joining in with conversations and / or answering questions within community discussions.
  • In particular but without prejudice to the generality of the preceding clause, we will not be liable for:
    • any loss of profits, sales, business, or revenue; business interruption; loss of anticipated savings; loss of business opportunity, goodwill or reputation; or
    • any indirect or consequential loss or damage.
  • This liability clause shall apply throughout the duration of your use of the Platform and afterwards.

ACCEPTABLE USE

General rules

You shall not use the Platform:

  • In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.
  • To harm or attempt to harm any person or to bully, insult, intimidate or humiliate any person.
  • For marketing purposes or to transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).
  • To 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.
  • To publish any other person’s personal information or contact details.
  • To collect or harvest data.

You shall not:

  • Reproduce, duplicate, copy or re-sell any part of the Platform.
  • Access without authority, interfere with, damage or disrupt:
    • any part of the Platform;
    • any equipment or network on which the Platform is stored;
    • any software used in the provision of the Platform; or
    • any equipment or network or software owned or used by any third party.
  • Adversely affect the availability or accessibility of the Platform.

Interactive FEATURES

We may provide interactive features on the Platform, including, without limitation, chat rooms and community forums (“Interactive Services”).

We are under no obligation to oversee, monitor or moderate any Interactive Services we provide on the Platform, and we expressly exclude our liability for any loss or damage arising from the use of any Interactive Services by you, whether the service is moderated or not.

Where you have a personal connection to any content within the Platform, you must disclose your connection when commenting on the content or, where appropriate, refrain from commenting at all.

If you have any concerns about any of our Interactive Services or about any content submitted to our Interactive Services, please let us know as soon as possible using the contact details set out above.

Content standards

These content standards apply to any and all content and material which you contribute to the Platform including your conversations and communications with other users and any content or materials you upload or add to the Platform (“Contributions”).

These content standards must be complied with in spirit as well as to the letter. They apply to each part of any Contribution as well as to its whole.

Remember that once you submit your Contribution, it can be seen by anybody with access to the relevant part of the Platform. You must check your Contributions carefully to make sure they are clear and will not be misunderstood by other users. You must make sure you are comfortable sharing your Contributions before you submit them to the Platform.

Any Contributions you submit to the Platform will be considered non-confidential and non-proprietary. You retain all of your ownership rights in your Contributions, but you grant us the licence set out below in respect of all your Contributions.

A Contribution must:

  • Be accurate (where it states facts) and be genuinely held (where it states opinions).
  • Be relevant to the community topic.
  • Accurately cite the source(s) of the Contribution.
  • Comply with all applicable laws.

A Contribution must not:

  • Be defamatory, libellous, obscene, offensive, abusive, hateful, discriminatory or of a sexual nature.
  • Bully, insult, intimidate, threaten, humiliate, upset, mislead or deceive any person.
  • Contain swear words or profane, crude or sexual language.
  • Infringe any rights of any other person, such as a contractual duty, a duty of confidence, a breach of privacy, or an infringement of intellectual property rights.
  • Impersonate any person or misrepresent your identity or affiliation with any person.
  • Give the impression that the Contribution emanates from us or any third party, if this is not the case.
  • Contain any advertising or promote any products, services or digital content.
  • Have ever been the subject of any actual or threatened legal proceedings.

If you post links to other websites on the Platform, you must make sure the other website complies with these content standards and that you have the required permissions from the website owner to post the link on the Platform.

We will determine, in our discretion, whether a Contribution breaches these terms of use.

If you consider that any Contribution does not comply with these terms of use, please let us know as soon as possible by contacting us using the contact details set out above.

We have the right to edit or remove any Contribution at any time without notice to you. Once a Contribution has been removed, you must not knowingly submit the same Contribution to the Platform again.

We have the right to disclose your identity to any third party who is claiming that any of your Contributions constitutes a violation of their rights including their intellectual property rights or privacy rights.

You are solely responsible for securing and backing up all your Contributions.

Rights to use YOUR contributions

When you upload, post, submit or add any Contribution to the Platform, you grant us the following rights:

  • a worldwide, irrevocable, perpetual, non-exclusive, royalty-free, transferable licence, together with the right to grant sublicences to any person, to store, host, view, access, use, download, transmit, reproduce, print, adapt, edit, modify, publish, distribute, sell, commercialise, translate, prepare derivative works of, display, and perform the Contribution for any purpose; and
  • to bring enforcement actions for any infringement of the Contribution and you agree to co-operate and assist us with any such enforcement actions.

viruses

We do not guarantee that the Platform will be secure or free from bugs or viruses.

You are solely responsible for configuring your information technology, computer programmes and platforms to access and use the Platform. You should use your own virus protection software.

You must not misuse the Platform by introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful. You must not attempt to gain unauthorised access to the Platform, the server on which the Platform is stored, or any server, computer or database connected to the Platform. You must not attack the Platform via a denial-of-service attack or a distributed denial-of service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to access and use the Platform will cease immediately.

linking

Where the Platform contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them. We have no control over the contents of those sites or resources.

You may link to the Platform’s home page, 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 the Platform in any website that is not owned by you.

The Platform must not be framed on any other site, nor may you create a link to any part of the Platform other than the home page.

We reserve the right to withdraw linking permission at any time without notice.

The website which you are linking from must comply in all respects with the content standards set out in these terms of use.

SUSPENSION AND WITHDRAWAL

We do not guarantee that the Platform, or any Materials, will always be available or will be uninterrupted or error free. We may suspend or withdraw or restrict the availability of all or any part of the Platform or Materials for business and operational reasons.

general provisions

We may transfer our rights and obligations under these terms of use to another organisation. We will always tell you if this happens and we will ensure the transfer will not affect your rights under these terms of use.

You may not transfer your rights or obligations under these terms of use to any other person without our prior written consent.

These terms of use constitute the entire agreement between the parties and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to their subject matter.

Each party agrees that it shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these terms of use. Each party agrees that it shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these terms of use.

A waiver of any right or remedy under these terms of use or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent right or remedy.

If any provision or part-provision of these terms of use is or becomes invalid, illegal or unenforceable, it shall be deemed deleted, but that shall not affect the validity and enforceability of the rest of these terms of use.

If any provision or part-provision of these terms of use is deemed deleted under the previous clause, the parties shall negotiate in good faith to agree a replacement provision that, to the greatest extent possible, achieves the intended commercial result of the original provision.

We may update and change the Platform at any time to reflect changes to our products, services and business priorities.

Except as expressly set out in these terms of use, no variation of these terms of use shall be effective unless it is in writing and signed by both parties.

These terms of use do not give rights to any third parties whether under the Contracts (Rights of Third Parties) Act 1999 or otherwise.

These terms of use, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales, except that we reserve the right to commence legal proceedings against you in your domestic courts (and “domestic courts” means the courts of any country or territory where you are based or incorporated).

TRADE MARKS

"Sova" and "Zapnito" are trade marks of Sova Assessment Limited. You are not permitted to use them without our written approval, unless they are part of material you are using as permitted under these terms of use.


These terms were last updated on [08/04/2021].