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Online User Terms and Conditions

Introduction

These terms and conditions (the "Terms") set out your legal rights and responsibilities as well as our rights when your engage the Services (as defined below). These Terms along with our Privacy Policy and the creation of a Profile (together the "Agreement") shall apply to your engagement and use of the Services, to the exclusion of all other terms and conditions unless stated.

Please read these Terms carefully. By agreeing to engage our Services, you acknowledge you have read these Terms and agree to be bound by them. If you do not agree with any of these Terms, you should stop using the Services.

In this Agreement:

'we’, ‘us’, ‘our’ or “Divisor” means Divisor Ltd (trading as Higher) a company incorporated in Scotland with company number SC633095 having its registered office at 10 Park Circus, Glasgow, G3 6AX; and
‘you’ or ‘your’ means the person using the Platform and Services.

You acknowledge that our goal is to support you in the management of your career. As such, we may provide Content (as defined below) for your general information purposes only. The information contained in the website is, however, for general information purposes only. While we endeavour to keep the information up to date and correct, we make no representations or warranties of any kind, express or implied, about the completeness, accuracy, reliability, suitability or availability with respect to the website or the information, products, services, or related graphics contained on the website for any purpose. Any reliance you place on such information is therefore strictly at your own risk.

Content may also inform you about us and our products and news, features, services and other websites that may be of interest.

In addition, the Content does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes. You should always use your own independent judgment when using our Platform, Services and any Content.

Definitions

In this document the following expressions shall have the following meaning:

“Annual Renewal Date” means the date of payment for an ongoing subscription following 12 months use of the service. The Annual Renewal date is set to be exactly 1 year after the previous year subscription.

“Assessment Card” means the summary card that outlines a profile, and is generated as an outcome of an assessment. The Assessment Card will appear in the Character Map.

“Assessment Information” means the responses and findings of any of the assessments offered on the Platform.

“Character Map” means the 6 card functions completed by you on your Profile;

“Character Map Information” means all the content of the Character Map including your preferences, your skills and experience, uploaded CV documents and video portraits.

“Coach” means an individual who delivers a coaching session.

"Confidential Information" means in relation to either party (the disclosing party) any and all information (which may be written, oral or in any other format) that:

is by its nature confidential; and/or
the other party knows or ought to know is confidential; and/or
is designated by the first party as confidential,

and is disclosed by the disclosing party to or otherwise learnt or acquired by the other party from the disclosing party under or in connection with the Agreement or its subject Claim;

"Free Storage Level” means the amount of storage in kb that a user can use under the free subscription tier.

"Individual” means the recipient of a coaching session.

"Link” means a URL web address

“Maximum Storage Level” means that maximum amount of portfolio storage that can be allocated, and is defined by us.

“Payment Method” means means the payment method by which you pay the initial charge or register to pay any charges.

“Personalised Area” refers to the part of the Link which can be personalised by the user.

“Platform” means the Higher Platform available at www.higher.work

“Portfolio Item” means an entry in your portfolio, and includes the text description and the uploaded file or files (including and not limited to video files, audio files, images, documents, and reports)

“Portfolio Information” means all the information included in all your Portfolio Items.

"Personal Data" shall have the meaning given to it in any data protection legislation from time to time in force in the United Kingdom including the Data Protection Act 2018 or any successor legislation;

“Personal Email” refers to the email address provided in registration for use of the services.

"Profile" means your profile, detailing information about you, your experience, your characteristics and your preferences. It includes video-portraits that you create.

"Recruiter" means an individual or organisation seeking information in relation to hiring or regarding employment opportunities;

"Services" means all services provided by us through the Platform.

“Subscription Start Date” means the date at which the first payment is made for a service.

“Support” means the area of the solution found under the Support icon.

In this Agreement, unless the context requires otherwise:

any condition, schedule or other headings in these Terms is included for convenience only and shall have no effect on the interpretation of the Terms;

a reference to a ‘party’ includes that party’s personal representatives, successors and permitted assigns and reference to a 'person' includes a company or corporate body;

a reference to a gender includes each other gender;

words in the singular include the plural and vice versa;

any words that follow ‘include’, ‘includes’, ‘including’, ‘in particular’ or any similar words and expressions shall be construed as illustrative only and shall not limit the sense of any word, phrase, term, definition or description preceding those words;

a reference to ‘writing’ or ‘written’ includes any method of reproducing words in a legible and non-transitory form; and

a reference to legislation is a reference to that legislation as amended, extended, re-enacted or consolidated from time to time except to the extent that any such amendment, extension or re-enactment would increase or alter the liability of a party under this Agreement

Services

We will provide the Services to you and you agree to engage the Services in accordance with this Agreement.

By creating a Profile or by giving details in any way you are deemed to have engaged the Services.

By using the Services, you acknowledge that we have no obligation to monitor the Services. We reserve the right to review any materials posted on the Services and we retain sole discretion to remove, edit or refuse to post any materials.

We reserve the right to disclose any information we deem necessary to satisfy any applicable law, regulation, legal process, or government request.

Our role is solely to provide the Services. As provider of the Services we do not undertake any agency action on your behalf or provide any other services other than as set out in Agreement.

Profile

In order to use the Services you are required to create a Profile and complete a Character Map. You acknowledge and agree to provide true, accurate, and current information about yourself and your experiences. If any information provided by you is or becomes untrue, inaccurate, not current or incomplete, you agree to update your profile. Failure to do so may result in your Profile being suspended or terminated without notice and future use of our Services thereafter being refused.

Once you are properly engaged with the Services, you will be allocated your username and password to monitor and access your Profile. You are solely responsible for maintaining as confidential and secure your own password and therefore your Profile. You agree to:

notify us immediately, and change your password, following any unauthorised use of your Profile or if you know or suspect that anyone other than you knows your user name and password combination; and

accept responsibility for all activities that occur on your Profile including liability resulting through unauthorised usage unless such use is due to our negligent acts or omission.

If you create a Profile, you represent and warrant that you have the authority to legally provide such information and bind that person whose Profile you have created and grant us all permissions provided in this Agreement.

If you are a Career-Pro or Career-Max customer, you have the option to define your own personal link to your Profile (“Link”) with the following considerations:

The default structure of the Link is https://higher.work/talent/[your personalized area]

The square brackets are a placeholder for your Personalised Area and will not appear in the link.

We reserve the right to modify the structure of the Link.

Your Personalized area is limited to 20 alphanumeric characters.

You may not select a Personalised Area that has already been selected by someone else.

You may not select a Personalised Area that we deem to be offensive, is a registered trademark, is text under copyright, or is a company name.

You can share your Link out with the Platform.

We reserve the right to remove and reuse the Link if you cease to be a Career-Pro or Career-Max customer.

When your Profile is set to “public” and you share your Link, you Link will direct users to your Profile. If your Profile is set to “private”, any access to your Profile through your Link will require further permission from yourself. We will not be responsible for anyone who obtains your Link or accesses your Profile when your Profile is set to public.

Obligations

When engaging the Services you agree and undertake:

to use the Services in good faith;

to use your own independent judgment about career decisions, and not make decisions solely on information provided by the Services

to respond honestly when carrying out assessments

to inform us of any changes that may affect our provision of the Services;

to provide us with all such information and assistance as we reasonably require and request in order to provide the Services;

to cooperate with any Recruiters once introduced;

unless otherwise determined, to supply all reasonably requested consents;

to have a single account that reflects your real identity

where relevant, to pay any fees;

to comply with any relevant regulations and legislation.

Fees

There are no fees payable for the basic subscription to the Services.

A fee is payable in relation to enhanced subscription to the Services, details of which are set out at www.higher.work/prices.

You agree that you are solely responsible for all costs and expenses you may incur in relation to your use of the Services.

For subscription services, your payment method will be charged the initial Subscription fee and your Payment Method will be charged for the applicable Subscription Fee on a monthly basis thereafter.

Subscription charges are not refundable.. We will not issue refunds or credits for partial-month period or during any notice periods, including the period between cancellation and the next payment that would have taken place if the subscription had continued.

If a payment method fails (including expiry) we will make several attempts to contact you to rectify the failure, including the need to update your payment method. If the payment method is not rectified within 10 days of initial contact, we will cancel your subscription and your account will be suspended.

We reserve the right to change our prices at any time, as long as we give you 30 days notice. Notice will be via email to your provided Personal Email address.

We reserve the right to change the scope of services for any of the services (including but not limited to Career-Pro, Career-Max and Career Coaching). We will provide 30 days notice in advance of any changes. Notice will be via email to your provided Personal Email address.

Career-Pro Subscription

The coaching session provided under the Career-Pro subscription is only eligible for scheduling after the start of the 10th month of the Subscription Start Date and must be scheduled prior to the 14th month following the Subscription Start Date.

You are responsible for scheduling your included coaching session. Go to the Support area to carry this out.

Career-Max Subscription

You are responsible for scheduling your coaching sessions.

The quarterly coaching sessions must be scheduled for use within each quarter or they are deemed to be cancelled.

The amount of Interview support is expected to be less than 1 hour per month for no more than 2 consecutive months. If additional support is required, then additional coaching sessions will need to be purchased.

You will not be eligible for coaching, interview support or monthly check-ins following following the cancellation of the subscription.

Career Coaching

The first coaching session includes a 15-minute introduction session, free of charge. This may be scheduled some time ahead of your main coaching period, or immediately before it. If you decide to cancel your coaching session after this introduction session, you should let us know as soon as possible, and you will receive a full refund.

If you arrive more than 15 minutes following the scheduled start time of a coaching session, or you fail to arrive during the scheduled period, the session will be cancelled, and you will not be entitled to any refund of the price of the session.

You may rearrange or cancel a coaching session until 24 hours before the scheduled time. After which the session is non-refundable.

We reserve the right to reschedule a coaching session at any time, as required.

Recruitment Activity

By engaging the Services you have given us the right to evaluate your Profile and source job opportunities with Recruiters we consider would be appropriate for you following our evaluation (a “Match”).

We do not guarantee we will make a Match and do not guarantee any job offers or the validity of any job offers when you use the Services or once you are introduced to a Recruiter.

We will inform you of any Match, and with your consent, share your Profile and Character Map and introduce you to the relevant Recruiter. We will not share your Profile or introduce you to any Recruiter without your consent.

We will carry out the Services within a reasonable period of time and on an ongoing basis but when you are Matched to a Recruiter, you acknowledge you are subject to their time frames which will be intimated to you.

If you progress your Match with the Recruiter, you are entering into discussions directly with the Recruiter, which we have facilitated (“Introduction”) and we are not responsible and cannot be held liable for any action taken by you or the Recruiter at any time. If you wish to progress an Introduction you will require to enter into an arrangement with the Recruiter and will enter into a contract or accept terms governing the relationship between you and the Recruiter. We are not responsible for or have any liability in respect of your relationship with the Recruiter which is entirely a matter between you and the |Recruiter.

Following an Introduction, at any stage, we may be asked by a Recruiter to notify you of a rejection. We are not liable or responsible for any rejections made and are only notifying you on behalf of the Recruiter.

Our carrying out of the Services may be affected by events beyond our reasonable control. If so, there might be a delay before we can start the services, having made reasonable efforts to limit the effect of any of those events and having kept you informed of the circumstances.

Your privacy and personal information

Our Privacy Policy is available on our website at www.higher.work/privacy.

Your privacy and personal information are important to us. Any personal information that you provide to us will be dealt with in line with our Privacy Policy, which explains what personal information we collect from you, how and why we collect, store, use and share such information, your rights in relation to your personal information and how to contact us and supervisory authorities if you have a query or complaint about the use of your personal information.

You can delete your account at any time from the “Manage account details” menu option. This will delete all your data and will cancel your subscription (if appropriate). Once your data is deleted, it cannot be recovered.

Features

Video Portraits

You may submit short videos to enhance your Profile based on questions and suggested topics provided by us (“Video Portraits”).

Any Video Portrait submitted is submitted at your own discretion and we will not and cannot be held liable in relation to any content.

Video Portraits may be monitored by us and should we consider any video contains offensive, harmful, obscene, aggressive or provoking content or content which infringes the intellectual property rights of any third party we reserve the right to edit, remove and/or delete such video.

When you give your consent in relation to a Match, where relevant, the Recruiter will be able to access your published Video Portraits.

Coaching Services

During coaching services, ideas and opportunities will be discussed. We will never, however, make recommendations. You should always use your own independent judgment about career decisions.

All information discussed in a coaching session will be confidential. This refers to information passed from Individual to Coach and from Coach to Individual.

Portfolio

You are responsible for ensuring that you have the right to add any information that you record, write, upload or capture into a portfolio item. This includes ensuring that you are not infringing the intellectual property rights of any third party.

In line with our Privacy Policy, we are not able to share any information in your portfolio with anyone apart from you.

Any Portfolio Item submitted is submitted at your own discretion and we will not and cannot be held liable in relation to any content.

Portfolio Items should not contain content that we deem to be offensive, harmful, obscene, aggressive or provoking content.

You may not post files that contain viruses, trojan horses, worms, time bombs, cancelbots, corrupted files, or any other software or programs that may damage the operation of the Services or another’s property;

Once you have used your allocated storage space, you will no longer be able to add additional items. You may purchase additional space as required up to the Maximum Storage Level.

If you end your subscription, you will only be able to view the portfolio items that occupy the Free Storage level. After one month, if you are still do not have a subscription, we reserve the right to delete all the items in your portfolio (including and not limited to portfolio item entries, videos, documents, files).

From time to time, we may need to take the site down. During these periods, you will not have access to your portfolio items.

You provide consent for us to create, update or delete items from your Portfolio at any time.

Assessments

Assessments and the outputs of the assessments should be used for informational purposes only. We will never make recommendations for you. You should always use your own independent judgment about career decisions.

We do not underwrite the accuracy of any assessment. All personalities are complex, are the consequence of differing experiences, context and pressures. Assessments are not able to take in every element of this complexity. The assessments should therefore be used to help develop understanding of the domain space, and of your personal profile.

Your assessment responses are confidential and will not be shared with any 3rd party.

You can choose if an Assessment Card will be included in your Character Map, and therefore if it is visible to any 3rd party.

Character Map

You are granted a perpetual license to use the Character Map template.

When you set the publish settings of the Character Map to ‘Public’, you are giving us the right to share your Character Map with any 3rd parties.

The templates that are provided to assist in the sharing of your Character Map are indicative, and it is recommended that you tailor them to suit your requirements. We take no liability for the consequences for how you use them.

You provide us the right to use the information provided in the Character Map for analysis purposes.

Further Documents

You may be required, asked to, or want to provide further documentation in relation to your Profile or a Match (“Further Documents”). Any documentation, videos, plans, pictures, designs or materials uploaded to your Profile are uploaded at your own risk and we cannot be held responsible for them in any way.

If you upload any item you warrant that you have full right and authority to do so and we reserve the right to edit, remove or delete any such item which we consider offensive, harmful, obscene, aggressive or provoking content or content which infringes the intellectual property rights of any third party.

Suspension

We reserve the right to suspend your account if payments are unable to be made, or if activity has taken place contrary to the User Terms and Conditions (this document), or if there has been any other activty which we deem to be negative to the reputation or success of our business.

When an account is suspended, you will no longer be able to review your profile, video-portrait, or portfolio information or any other information you have created or included into the Site

We reserve the right to delete an account and remove all the data associated with the account including the Portfolio items, if the account has been suspended for more than one month.

Right to cancel

From the point of engagement of the Services, you have the right to cancel this Agreement at any time without giving any reason. We would appreciate feedback but there is no obligation to provide any.

Any payments will cease at the end of the month following the month during which notice was given. There are no refunds for the period between the point of termination and the end of the month of termination.

If you cancel this Agreement, we will stop providing the Services to you and we reserve the right to delete your profile (including and not limited to your portfolio, video-portraits and assessments).

Limitation on our liability

Except for any legal responsibility that we cannot exclude in law (such as for death or personal injury) or arising under applicable laws relating to the protection of your personal information, we are not legally responsible for any:

losses that were not foreseeable to you and us when the agreement was formed;

losses that were not caused by any breach on our part;

business losses; or

losses to non-consumers.

We will not be liable for indirect, consequential or any special loss.

We reserve the right to make changes to, suspend or discontinue (temporarily or permanently), the Services or any portion of the Services at any time, without notice, for any reason. You agree that we will not be liable to you or to any third party for any such change, suspension or discontinuance.

Warranties

We provide no warranties for the availability or use of the platform.

Every effort is made to keep the website up and running smoothly. However, Higher takes no responsibility for, and will not be liable for, the website being temporarily unavailable due to technical issues beyond our control.

Disputes

We will try to resolve any disputes with you quickly and efficiently. If you are unhappy with the Services we have provided, please contact us as soon as possible using the contact details set out at the top of this page.

Intellectual Property

The intellectual property rights in the Services and in any text, images, video, audio or other multimedia content, software or other information or material submitted to or accessible from the Platform, excluding Further Documents (“Content”), are owned by us and our licensors.

We and our licensors reserve all our intellectual property rights (including, but not limited to, all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world. This means, for example, that we remain owners of them and are free to use them as we see fit.

Subject only in relation to Further Documents, nothing in this Agreement grants you any legal rights in the Platform or Content other than as necessary for you to access it. You agree not to adjust, try to circumvent or delete any notices contained on the Platform or the Content (including any intellectual property notices) and in particular, in any digital rights or other security technology embedded or contained within the Platform or the Content.

To the extent any intellectual property rights in the Platform do not vest absolutely in the us, you free from any encumbrance hereby assigns to us absolutely all your current and future rights, title and interest in and to such intellectual property rights.

General

The parties agree that this Agreement constitutes the entire agreement between them and supersedes all previous agreements, understandings and arrangements between them, whether in writing or oral in respect of its subject.

Notwithstanding anything else contained in this Agreement, neither party shall be liable for any delay in performing, or non-performance of, its obligations hereunder if such delay or non-performance is caused by circumstances beyond the reasonable control of the party so delaying or non-performing, including but not limited to strikes, lock outs, labour disputes, acts of God, war, riot civil commotion, malicious damage, compliance with any law or government order, rule, regulation or direction, accident, disease, epidemic, pandemic, fire, flood, storm or adverse weather conditions.

While we try to make sure that the Platform is secure, we do not actively monitor or check whether information supplied to us through the Platform is confidential, commercially sensitive or valuable.

Through this website you are able to link to other websites which are not under the control of Higher. We have no control over the nature, content and availability of those sites. The inclusion of any links does not necessarily imply a recommendation or endorse the views expressed within them

Other than any personal information, which will be dealt with in accordance with our Privacy Policy, we do not guarantee that information supplied to us through the Platform will be kept confidential and we may use it on an unrestricted and free-of-charge basis as we reasonably see fit.

We try to make sure that the Platform is accurate, up-to-date and free from bugs, but we cannot promise that it will be. Furthermore, we cannot promise that the Platform will be fit or suitable for any purpose. Any reliance that you may place on the information on the Platform is at your own risk.

If any provision of this Agreement is held by any competent authority to be illegal, invalid or unenforceable in whole or in part then such provision shall be deemed to be omitted and the validity of the other provisions of this Agreement shall not be affected.

No variation of this Agreement shall be valid or effective unless it is in writing (including email), refers to this Agreement and is duly signed or executed by, or on our behalf.

This Agreement shall be governed by and construed in accordance with laws of Scotland. If any provision of this agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. By accepting this Agreement you submit to the exclusive jurisdiction of the Scottish courts.

Copyright Statement

Any redistribution or reproduction of part or all of the contents in any form is prohibited other than the following:

you may print or download to a local hard disk extracts for your personal and non-commercial use only

you may copy the content to individual third parties for their personal use, but only if you acknowledge the website as the source of the material

You may not, except with our express written permission, distribute or commercially exploit the content. Nor may you transmit it or store it in any other website or other form of electronic retrieval system.

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