Terms and conditions
1.0 INFORMATION ABOUT US
We are EYJA LTD (“EYJA LTD” or “We” or “Us” or “Our”). We are registered in England and Wales under company number 10781107 and have our registered address at 27 Old Gloucester Street, London WC1N 3AX.
For the avoidance of doubt, EYJA LTD is not acting as an employment agency as defined in the Employment Agencies Act 1973. The EYJA LTD provides a platform for potential Employees and Employers within the care provider for disabled people sector to meet each other and is not involved in the actual transaction between Employees and Employers. EYJA LTD provides an online platform for carers and care seekers to connect with one another, communicate and arrange care contracts between one another. Nothing in these Terms will create a partnership or joint venture between us. We are an independent provider of services to you and are not employed by you.
These terms and conditions apply between you, the User of this Website (including any sub-domains, unless expressly excluded by their own terms and conditions), and EYJA LTD, the owner and operator of this Website. Please read these terms and conditions carefully, as they affect your legal rights. Your agreement to comply with and be bound by these terms and conditions is deemed to occur upon your first use of the Website. If you do not agree to be bound by these terms and conditions, you should stop using the Website immediately.
1.2 DEFINITIONS AND INTERPRETATION
For the purpose of these Terms, the following definitions shall apply:
Service Provider: EYJA LTD
Our Site: www.eyja.co.uk
Service user: a person who has registered on the Website and who is the account holder, may otherwise be called a member.
Subscribed member: is a service user who has paid a subscription fee.
Personal Assistant (hereinafter referred to as PA): is a service user who seeks to become a disabled person assistant, may also be called Carer.
Personal Assistant user (hereinafter referred to as PA user): is a service user who seeks to recruit a personal assistant in individually.
Member Account: is a user account created on the EYJA LTD platform.
Member Profile: is a user data service available to other registered users.
1.3.1. In order to use the EYJA LTD Services, the User must follow the registration process. Registration takes place by filling out the required profile data. Then the confirmation of successful registration is sent by email. A registered user can benefit from the functions assigned to the members straight away after the registration process is complete. It is possible to leave optional registration form fields blank and fill out later. Also, the subscription fee can be paid at any point later according to the User needs.
1.3.2. We may accept or reject each application to register at our discretion and may cancel such registration at any time if the User is in breach of these Terms.
1.3.3. By registering for an account, you must complete a User profile (“Profile”), which you consent to be shown to other Users. You agree to provide true, accurate, and complete information on your Profile and all registration and other forms you access on the Site or provide to us and to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide and to correct any information about your location, your business, your skills, or the services your business provides that is or becomes false or misleading. You agree not to register for more than one Account.
1.3.4. If due to your disability you are unable to create an account yourself, it can be created and used by your representative for your individual purposes only. In this case, you will need to tick the box ‘My representative’ next to the field ‘My account is managed by’. By ticking this box, the representative confirms that the consent of the person to create such an account has been obtained or alternatively the creation of such an account is necessary for the welfare of that person (in the case of mental incapacity) and that all data submitted is correct.
1.3.5. You must be at least 18 years of age to use this Website. By using the Website and agreeing to these terms and conditions, you represent and warrant that you are at least 18 years of age.
1.3.6. Until you are 18 years old, by using our online services, you certify that your parents have or legal guardian has consented to your use and agree to these terms on your behalf. Parental discretion is advised and we recommend that you review these Terms with your parents/ guardian before using our website.
1.3.7. You must ensure that the details provided by you on registration or at any time are correct and complete.
1.3.8. You must inform us immediately of any changes to the information that you provide when registering by updating your personal details to ensure we can communicate with you effectively.
1.3.9. We may suspend or cancel your registration with immediate effect for any reasonable purposes or if you breach these Terms and Conditions.
1.3.10. You may cancel your registration at any time by deleting your account. If you do so, you will automatically lose the access to your Profile. Cancellation or suspension of your registration does not affect any statutory rights.
1.3.11. If the user changes his mind during the registration process, the incomplete registration automatically stops when the site is switched off.
1.4 MEMBERSHIP TYPES AND SERVICES
1.4.1. The service is designed for two types of Users: PA User and PA registered users. The user selects his/her membership type at the time of registration. The same individual is strictly limited to only one type of membership and only one account per User. PA user and PA members are equivalent and have equal access to the services offered on the site. Both types of users are divided into registered members and subscribed members. Registered members can use the following features:
- filling out their profile;
- advanced search;
- view searched profiles history;
- option to save information in ‘Preferred’ list;
- direct payment option;
- reporting a problem about another member;
- giving PA a recommendation (Only for PA users).
1.4.2. A subscriber acquires the right to contact other users through the internal message system.
1.5 NON-REGISTERED USERS
1.5.1. If you have chosen not to register for our Services, you may access certain features as a visitor and contact web administrator at any point on the contact details provided.
1.5.2. A visitor features include:
- limited access to the content presented at EYJA LTD website;
- restricted view of registered Members profile summary;
- no advanced search option available.
1.6 PAYMENTS AND REFUNDS
1.6.1. If you use EYJA LTD platform paid Services, you agree to pay us the applicable fees (£15 per annum including taxes). Failure to pay these fees will result in the termination of your paid Services.
1.6.2. Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
1.6.3. All of your purchases of Services are not refundable under any circumstances.
1.6.4. You can make a safe payment online using a variety of payment options. Your payment will be processed via WorldPay payment getaway.
1.7 OUR FEES ARE QUOTED IN POUNDS STERLING
1.7.1. Users will subscribe to subscribed membership privileges on the Site, by payment of subscription fee of £15 per annum. The same User profile registration is strictly limited to one account per user. PA User and PA possess the same rights to the account usage and benefits.
1.7.2. The fee may be revised from time to time upon such notice as may be appropriate.
1.7.3. Upon the expiration of the subscription the type of membership will be automatically downgraded.
1.7.4. The subscription fee must be paid strictly through the individual User account on EYJA.
1.7.5. EYJA LTD does not provide refunds or credits for purchase cancellations on any occasion.
1.8.1. Cancellations of services can be performed by User at any point without any warning or notice.
1.8.2. In case the User fails to access his Account within five years since the last login date, User’s Profile will be considered as inactive and automatically deleted. A reminder email will be sent to the User’s registered email address twice: a month and two weeks prior the five years term. A reminder’s email content will have an invitation link to reactivate the existing Profile by simply logging in once. Moreover, the email will warn the User of potential deactivation. In case the User ignores the reminder, the Profile will be automatically cancelled and permanently deleted.
1.9 LIMITATION OF LIABILITY
1.9.1. The company (hereafter referred to as the service provider) agrees to provide all the necessary services for privately seeking work/personnel. The service provider is not a recruitment or employment agency and is not responsible for the recruitment/employment process, its progress, duration and success. The Service Provider does not guarantee a suitability, completeness of employment. EYJA LTD is not responsible for the accuracy and reliability of the data provided by the users of the service and their identity.
1.9.2. You acknowledge that the decision to enter into a contract with a potential employee/employer is your sole responsibility and that EYJA LTD is not responsible for the members’ safety. By agreeing to the Terms and Conditions, Members understand that it is their own responsibility or their representatives (in the case of minor or incapacitated) to make sure the employment process is successful and safe. Members are urged to report any suspicious, abusive behavior, inappropriate or criminal information detected on the other members profile to the Site administrator. Moreover, all the fraudulent activities including deliberate concealment, falsification, theft, communication of disrespect and insults, physical or psychological violence, sexual harassment and recruiting activities that are not related to the Website activities must be reported to the Site Administrator immediately.
1.9.3. By using EYJA LTD site you agree to commit the following:
- communicate with other Users in respectful and fair manner;
- provide a full job/skills description (no hidden information);
- respect various beliefs and needs;
- create a User profile strictly in your own name;
- the services required must be strictly for your own needs;
- only one User profile is allowed per one person.
1.9.4. The User is not allowed to publish his personal details such as full name, email address, telephone number, social network or website details.
1.9.5. Under no circumstances should you try to initially contact other Users privately apart from using the internal messaging system.
2.0 RESPONSIBILITY AND OBLIGATIONS OF SERVICE PROVIDER
2.1. Service provider undertakes to provide quality services.
2.2. Service provider undertakes to clearly inform service recipients about the intended works of system updating, when service provision can be temporarily interrupted, and about the changed conditions of the service provision and updates of Terms & Conditions.
2.3. Service provider undertakes to provide the services that were paid for till the end of the paid up period.
2.4. Service provider undertakes to properly manage and store personal information, and not to transfer or publish it in such way that the identity of the person or place of residence would be revealed or conditions to identify a person or his place of residence would be created.
3.0 RIGHTS OF SERVICE PROVIDER
3.1. Service provider has the right to change conditions of service provision and rates, temporarily stop the service provision due to the updating of the system or other important reasons, clearly informing service users of all changes in advance.
3.2. Service provider has the right not to verify or suspend the verification of the user registration, if there is a suspicion that user is falsifying personal information or is trying to create several accounts or if the account is intended to be used for other purposes than specified by the service provider.
3.3. Service provider reserves the right to block or forever remove account of the member if the Terms of service use are breached. Membership fee and fee for other paid service in case of the termination of the account are not refunded.
3.4. In case of account termination user information is stored for one year for the reasons of security. After this period expires all information is permanently deleted.
3.6. Service provider reserves the right to post on the webpage advertising content of his own or that of his partners, if it is not in conflict with the Terms & Conditions.
3.7. Service provider reserves the right to transfer the service provision to another service provider or terminate the activity that he is engaged in. In these cases the paid services are provided at the same terms till the end of the paid up period.
4.0 RESPONSIBILITY AND OBLIGATIONS OF THE SERVICE USER
4.1. By registering, Service user accepts the Terms of service use and Terms & Conditions.
4.2. Service user is a private person and uses the website for his own private purposes according to the specified Terms of the service provision. It is forbidden for the employees of employment, employment brokerage or care agencies to use this website without the consent of the service provider and by the methods that are not authorised by the service provider in order to advertise their services. It is forbidden for persons or companies to advertise their services or goods, except in cases when it is coordinated with the service provider.
4.3. Service user undertakes to provide correct information about himself, do not use on the web page offensive, indecent, discriminatory or other graphic and text information that violates public interest.
4.4. Service user understands and assumes full responsibility for the process of employment and its results, and takes all measures to ensure own safety.
5.0 RIGHTS OF SERVICE USER
5.1. Service user has the right to use all services that are provided by the Service Provider based on the type (PA user or PA) and category (non-subscribed and subscribed members) of his membership.
5.2. Service user has the right to clearly and unambiguously present on his profile his needs and beliefs, if he believes that this information is needed for the employment that is sought.
5.3. EYJA LTD is committed to equal opportunities for all the Users. Our intention is to provide a meeting platform for disabled employers and PAs/ Carers. Due to a very personal and specific nature of the disabled assistance (care) work, refusal to employ/work for various factors is not considered as discrimination on this Site. These factors can include skills, physical abilities, ethnicity, beliefs, habits, experience, etc.
5.4. Service user has the right to change all information on his profile, with the exception of gender, name, last name and date of birth. If the legal change of any of these details occurs and the user wants to change this information on his profile, he must contact the website administrator.
5.5. Service user has the right to forever terminate his account at any time. After the termination of the account is performed the information of the member is stored on our systems for the period necessary to fulfil the purposes outlined above or until you request that the Data be deleted. The request must be sent using ‘Contact us’ form available on our website.
Once the user decided to terminate the profile it becomes invisible in the search system and the member cannot sign into his account any more. Such account cannot be restored again. The user cannot register in the system with the same email again. If the account is terminated earlier than the paid membership and other services expire, money are not refunded to the member.
6.1. You agree that you understand the risks involved in participating in EYJA LTD platform and you hereby waive any rights to claims for damages from EYJA LTD in relation to the service.
7.0 INTELLECTUAL PROPERTY AND ACCEPTABLE USE
7.1. All Content included on the Website, unless uploaded by Users, is the property of EYJA LTD, our affiliates or other relevant third parties. In these terms and conditions, Content means any text, graphics, images, audio, video, software, data compilations, page layout, underlying code and software and any other form of information capable of being stored in a computer that appears on or forms part of this Website, including any such content uploaded by Users. By continuing to use the Website you acknowledge that such Content is protected by copyright, trademarks, database rights and other intellectual property rights. Nothing on this site shall be construed as granting, by implication, estoppel, or otherwise, any license or right to use any trademark, logo or service mark displayed on the site without the owner's prior written permission.
7.2. You may, for your own personal, non-commercial use only, do the following:
- retrieve, display and view the Content on a computer, tablet or mobile phone screen.
7.3. You must not otherwise reproduce, modify, copy, distribute or use for commercial purposes any Content without the written permission of EYJA LTD.
8.0 PROHIBITED USE
8.1. You may not use the Website for any of the following purposes:
- in any way which causes, or may cause, damage to the Website or interferes with any other person's use or enjoyment of the Website;
- in any way which is harmful, unlawful, illegal, abusive, harassing, threatening or otherwise objectionable or in breach of any applicable law, regulation, governmental order;
- making, transmitting or storing electronic copies of Content protected by copyright without the permission of the owner.
9.1. We may terminate or suspend any and all Services and access to Our Site immediately, without prior notice or liability, if you breach any of the Terms or Conditions of the Agreement. Upon termination of your account, your right to use the Services, access Our Site, and any Content will immediately cease. All provisions of the Agreement which, by their nature, should survive termination, shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, and limitations of liability. If we withdraw access to The EYJA LTD website because these Terms have been breached, no refund will be payable by us. In the event of a termination, we reserve the right to handle any existing engagements in the best interest of User (s).
10.0 SERVICE AVAILABILITY
10.1. We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you.
10.2. We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
11.0 ACCESSIBILITY AND COMMUNICATION
11.1. Accessibility of the service. Service can be reached at the address www.eyja.co.uk. The account is accessed by entering the email and password. Service user is fully responsible for the security and secrecy of his login information.
11.2. Continuity of the service provision. Despite the efforts to ensure the smooth use of the service, the Service Provider cannot guarantee that there will not be temporary malfunctions due to unforeseen communication or other interference. Occasionally there can be a situation that service will be temporarily unreachable due to the web page updating or upgrading. Planned works will be announced in advance on the website and via the emails of personal members. Should such situation occur it will be tried to complete the works within the quickest time possible and during those hours, when the activity of the users on the website is the lowest. Before starting to use the provided services the users understand that in the future there may be temporary malfunctions of the service and agree that service provider does not compensate material and moral losses that were incurred due to that.
11.3. Service provider communicates with the Users via the following methods: www.eyja.co.uk website, newsletters and emails. All the queries should be addressed to the Site administrator via 'Contact us' form. We aim to answer all the queries within 24-48 hours however during the busy hours it may take slightly longer. Also, before contacting the Administrator please refer to our Customer support. If you can’t find the answer on our website then please contact us. Your thoughts and opinions are important to us. Please submit all your feedback to 'Contact us' form. And if you wish, we will get back to you. For all Advertising and Communication opportunities with us please use the 'Contact us' form.
11.4. Access to your Account on Our Site is not guaranteed and may expire at any time without notice. We therefore recommend all users make their own appropriate backups and logs of activities. You are not permitted to share access to your Account and must take reasonable steps to ensure Your login credentials are kept confidential. Use of Your Account is bound by the Computer Misuse Act 1990.
12.0 COMMERCIAL AND COLLABORATION OPPORTUNITY
12.1. Our Users are given an opportunity to promote their own services. All qualified Users who have the right to operate on a sole trader basis within advertising, public relations etc. sector are welcome and will be paid according to the type of professional services provided. Those Users who are not officially verified are welcome to become EYJA LTD volunteers. As appreciation of all the efforts involved we will grant all our volunteers with EYJA LTD partners’ gift vouchers. For further information and application use 'Contact us' form.
12.2. Advertising opportunity is available throughout EYJA LTD website. You must be compliant with EYJA LTD values. For more detailed information please contact us on firstname.lastname@example.org