CHANGE IN TERMS
TempRocket reserves the right to change these guidelines at any time, and each visit you make to our site will be subject to the current guidelines.
In the event that any party to these terms fails to exercise any right or remedy contained herein, this shall not be construed as a waiver of that right or remedy.
“Content” means any text, graphics, images, audio, video, software, data compilations and any other form of information capable of being stored in a computer that appears on or forms part of this site.
“Service” means collectively any online facilities, services, tools or information that TemRocket makes available through the site now or in the future.
“Subscription” means services to which you have selected to provide temporary staff to the hirer within the chosen geographic location/s.
“System” means any online communications infrastructure that TempRocket makes available through the website now or in the future. This includes, but is not limited to, web-based email, email links, live chat facilities and message boards.
- Other users
ACCESSING OUR SITE AND AVAILABILITY
The Service is provided ”as is” and on an “as available” basis. TempRocket aims to update the site regularly and reserves the right, without notice, to alter, update, withdraw, suspend, amend or discontinue any part (or the whole) of the site including, but not limited to, the products and/or services available.
PURPOSE OF THE SERVICE
The purpose is to allow the hirer to search, book and manage all required temporary staff cover in real time and allow for the flexibility and control to remain at the hands of the hirer.
Contractors are actively exposed to gain more work as and when it best suits their availability. In turn the purpose also offers the agency registered with TempRocket the freedom to work across multiple locations throughout the UK without huge expense, and in most cases directly from one central head office. Thus reducing overhead, and offering the hirer a more competitive service.
OPERATION OF THE SYSTEM
Fees are outlined in our pricing section within the Agency Control Panel. All prices are subject to VAT.
COPYRIGHT AND OWNERSHIP; BREACH
We are the owner or the licensee of all Intellectual Property rights in TempRocket, including the website’s content and its “look and feel” (collectively the “Content”). The Content is protected by copyright laws and other intellectual property laws (including laws related to patents, trademarks, designs, database rights, sui generis rights and other proprietary rights). All such rights are reserved.
You may not make alterations, copies, extractions, modifications, or additions to the Content, or sell, copy, distribute, disseminate or licence it, or misuse the Content in any way. If you want to re-publish, extract, reproduce, disseminate or otherwise use the Content, you must contact us in advance for written permission except if otherwise expressly provided in these Terms. This is without prejudice to any rights you may have under applicable mandatory law.
If you breach this clause your right to use TempRocket ceases immediately.
You hereby agree to indemnify, defend and hold harmless and to keep fully and effectively indemnified, defended and held harmless TempRocket and our officers, agents, partners and employees against all losses, expenses, damages and costs from and against any and all liability and costs, including, without limitation, reasonable lawyers’ fees, incurred in connection with any claim arising out of your use of the App, any false, misleading of inaccurate information provided by you, any ratings submitted in relation to your Agencies or Agency client companies, or any breach by you or any person to whom you have given access to your account of these Terms, including in particular this clause. You shall cooperate fully as reasonably required by TempRocket in the defense of any such claim.
You warrant and undertake that any information provided by you is true, accurate and independent and that, in particular, any ratings submitted through your TempRocket Account regarding either Agencies or Agency client companies are made in good faith and are not malicious, fraudulent, defamatory, vexatious or made in concert with others.
You are liable to us for any loss, damage or harm suffered or incurred by us as a result of your breach of these Terms.
TempRocket makes no warranty or representation that the website will meet your requirements, that it will be of satisfactory quality, that it will infringe the rights of third parties, that it will be compatible with all systems, that it will be secure and that all information provided will be accurate or up to date.
No part of TempRocket’s site is intended to constitute legal, professional or other advice and the content of the site should not be relied upon when making any decisions or taking any action of any kind.
No part of this site is intended to constitute a contractual offer capable of acceptance. No goods and/or services are being sold through this site and product and/or service details are provided for information purposes only.
Whilst TempRocket uses reasonable endeavours to make sure the site is secure and free of errors, viruses and other malware, all persons accessing the site are advised to take responsibility for their own security, that of their personal details and their computers or other devices used to access the site.
The Content may contain third party content. To the fullest extent permitted by applicable law, we are not responsible for and do not warrant the accuracy of any content provided by third parties, such as content uploaded or provided by any Agency.
The Content may contain links to third party websites. The linked websites are not under our control and we are not responsible for the contents or actions of any linked site or any link contained in a linked site, or any changes or updates to such websites.
We are not liable for damage to, or viruses or other code that may affect, any equipment (including any computer, tablet, mobile or other device), software, data or other property as a result of your access to or use of the Service. We are not liable to you for:
(i) any loss of income, business, revenue or profits;
(ii) any loss or corruption of data;
(iii) any corruption or damage to equipment device, hardware or software; or (iv) any loss or damage which was not foreseeable to both you and us.
We are not in breach of these Terms or liable to you if there is any total or partial failure of performance of any of our duties and obligations resulting from any act or matter beyond our reasonable control. This may include where such results from any act of God, fire, act of government or state, war, civil commotion, insurrection, embargo, inability to communicate with third parties for whatever reason, failure of any computer dealing or settlement system, failure of or delay in the transmission of communications, prevention from or hindrance in obtaining any energy or other supplies, labour disputes of whatever nature, late or mistaken payment by an agent or any other reason (whether or not similar in kind to any of the above) beyond our reasonable control.
If, at any time, any provision of these Terms is or becomes illegal, invalid or unenforceable, that shall not affect or impair the legality, validity or enforceability of the remainder of these Terms (including the remainder of a provision where only part of it is or has become illegal, invalid or unenforceable).
The exercise by us of any of our rights under these Terms is without prejudice to any of our other rights and remedies. The provisions of these Terms may only be waived by TempRocket in writing by express reference to the provision in question. No delay, neglect or forbearance on the part of TempRocket in enforcing any provision of these Terms is a waiver, or in any way prejudices any right of TempRocket under these Terms. A waiver by TempRocket of any breach of any of the provisions of these Terms does not constitute a general waiver of such provision or of any subsequent act contrary to it.
- We can’t guarantee workers are legal to work, nor carry out our own checks re criminal records etc
- These terms do not supersede existing agreements between agencies and employers – eg re payments, suitability, cancellations; nor between workers and agencies
- Bookings are not assignment schedules
- We are not responsible for any comments or statements made by users
- Booking cancellation rules
- Holiday booking rules
INTELLECTUAL PROPERTY RIGHTS
All TempRocket material, including that on the site, is protected by UK and international copyright and intellectual property laws. This includes, but is not limited to, graphics, images, icons, text and software and is the property of TempRocket or its content providers. Unauthorised use of the material is prohibited, including reproduction, storage, modification, distribution or republication, and may not be used without prior consent, or where applicable, the respective copyright owner(s).
You may print off one copy, and may download extracts, of any page(s) from our site for your personal reference and you may draw the attention of others within your organisation to material posted on our site. You must not use any part of the materials on our site for commercial purposes without obtaining a licence to do so from us or our licensors.
In order to use the Service, you are required to submit certain personal details and, by continuing to use this site, you represent and warrant that any information submitted is truthful and accurate and that you will keep such information accurate and up to date.
TempRocket accepts no liability for any disruption or non-availability of the site.
To the fullest extent permitted by law, TempRocket expressly excludes liability for:
• any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it, including, without limitation any liability for:
- loss of income or revenue;
- loss of business;
- loss of profits or contracts;
- loss of anticipated savings;
- loss of data;
- loss of goodwill;
- wasted management or office time; and
• any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable, provided that this condition shall not prevent claims for loss of or damage to your tangible property or any other claims for direct financial loss that are not excluded by any of the categories set out above.
This does not affect TempRocket’s liability for death or personal injury arising from our negligence, nor TempRocket’s liability for fraudulent misrepresentation or misrepresentation as to a fundamental matter, nor any other liability which cannot be excluded or limited under applicable law.
IMPROPER USE OF THE SERVICE
You may not obtain or attempt to obtain any Content, materials or information through any means not intentionally made available to you.
Illegal and/or unauthorised use of the Content or Service will be investigated and appropriate legal action may be taken.
You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material which is malicious or technologically harmful. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site. You must not attack our site 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 use our site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial-of-service attack, viruses 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 or to your downloading of any material posted on it, or on any website linked to it.
USE OF COMMUNICATION FACILITIES
When adding data or information on the site you should do in accordance with the following:
- You must not submit content that is unlawful or otherwise objectionable – this includes, but is not limited to, content that is abusive, vulgar, threatening, harassing, obscene, defamatory, racist, ageist or sexist.
- You must not submit content that is intended to promote or incite violence.
- You must not impersonate other people, particularly employees and representatives of TempRocket; and the means you use to identify yourself must not violate any applicable laws or these terms and conditions.
- You must not use TempRocket’s System for unauthorised mass communication such as spam or junk mail.
- You acknowledge that TempRocket may monitor any and all communication made to TempRocket or through using TempRocket’s System.
- You acknowledge that TempRocket may retain copies of any and all communications made to TempRocket or through using TemRocket’s System.
- You acknowledge that TempRocket reserves the right to feature agency and end client hirer names and logos via both web site and within email communications.
- You acknowledge that any information sent to TempRocket through our System may be modified by TempRocket in any way and you waive your moral right to be identified as the author of such information. Any restrictions you wish to place upon our use of such information must be communicated to us in advance and we reserve the right to reject such terms and associated information.
Workers who leave an associated agency will remain available on TempRocket as a freelance worker until either reassigned to a new agency, or requested to leave the TempRocket service.
CANCELLATION OF SUBSCRIPTION
Payment terms; strictly 30 day terms, subscriptions are active a month in advance and charged at the end of every 30 days of activity. Agencies will be able to manage the billing and subscription via their control panel.
Payments not received will result in assignments being cancelled and the end client made aware that a reserve temporary worker has been allocated to their assignment via another agency from their preferred suppliers list.
These Terms are personal to you and may not be transferred or assigned to anyone else. We may assign, transfer or otherwise dispose of all or any of our rights or obligations under these Terms, in whole or in part, by prior notice to you, provided that in doing so we do not materially prejudice your interests under these Terms.
You may terminate these Terms at any time, and without penalty, by cancelling your subscription to TempRocket. This may be contrary to your obligations to or the expectations of your Agency.
We may terminate these Terms at any time for any or no reason. If we terminate the Terms for a reason other than your breach of these Terms, we will refund the subscription charges pro-rated for the remaining period of your subscription.