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Terms of Use - App (NP)

The Adia application is an online platform through which individuals looking for temporary employment (“Candidates”) and companies looking for temporary workers (“Clients”) will be brought together. Adia is operated by Adia Technology Limited with company number 9769199 and registered office address of Millennium Bridge House, 2 Lambeth Hill, London EC4V 4BG (“ATL”).
  • OBJECTIVE

    These Terms of Use govern the use of the Adia online service by Candidates and Clients (“Users”). For the sake of simplicity, the terms “he”, will be used only in the masculine form, but will always incorporate the feminine form.

    Use of the Adia online platform is free of charge for all Users.

  • REGISTERING AS A CANDIDATE

    Anyone looking for temporary employment must register as a Candidate and be resident in the UK. If you are under 18 please use the Adia Support Helpline for alternative registration options.

    The Candidate  confirms that he has registered as a Candidate of my own free will. By registering, the Candidate confirms that he (i) has the necessary documents and authorisations to work in the UK, (ii) will upload them as part of the registration but in any event prior to acceptance of a role/shift and (iii) has disclosed any applicable restrictions on his right to work in the UK.

    By registering on Adia, the Candidate confirms that he authorises Adia to take up references and to give its clients information relating to his employment details or his registration information.

    The Candidate confirms that the information he provided during his registration with Adia is true and correct. In the event that any of this information changes, it is the Candidate’s responsibility to inform Adia immediately. The Candidate authorises Adia to use his registered details and documents provided as part of registration for any relevant position or positions similar to those he is looking for.

    All documents required by the Candidate must be available to the Candidate at the time of registration, and ATL is entitled at all times to request missing or expired documents. If the Candidate does not comply immediately with such request, ATL is entitled to immediately block access by the Candidate to Adia and immediately terminate any assignments with the Candidate. Any other rights of ATL in the event of missing or incorrect information, in particular claims for damages, are reserved.

  • KEEPING USERNAMES AND PASSWORDS SAFE
    Adia usernames and passwords created by the Candidates during the registration process must be kept safe and not shared with third parties. If the username and password fall into the hands of a third party, ATL must be informed immediately. The Candidate is accountable for the actions of unauthorised third parties, as well as for his own actions.
  • CONTRACTS WITH CANDIDATES

    Subject to the below paragraph, the Candidate agrees that the Framework Contract for Services for Temporary Workers (PAYE) (“Framework Contract”) which defines the rights and obligations between ATL and the Candidate for all assignments with all Clients shall apply. In the event of a conflict between the Framework Contract and the Adia Terms of Use, the Adia Terms of Use shall prevail, but only in to the extent of the conflict.

    Notwithstanding the foregoing, where a Candidate is already directly engaged by the Client (“Client Pool Candidate”), he will have his own contract with a Client which will govern the terms of the assignment except where the Client Pool Candidate wishes to accept additional assignments via Adia with different Clients in which casethe Framework Contract will apply.

    Once a Candidate accepts an assignment on Adia with a Client (regardless of whether they are engaged by ATL or the Client ), an Assignment Contract setting out the conditions of that assignment will be generated by Adia. A new Assignment Contract will be generated for all subsequent assignments with the same or a different Client.

    The Assignment contract will be created automatically by Adia and signed electronically by ATL. The Candidate undertakes to sign all the contract documents legally. This can be done by an electronic signature. In any event, the Candidate undertakes to send to ATL a legally signed original copy of each contract document.

    In the event that a Candidate (who is being engaged by ATL) fails to return a signed copy of the Framework Contract or any Candidate fails to return the signed Assignment Contract, attending an assignment at a Client site or shift location shall be deemed to be acceptance of the Framework Contract (where applicable) and the relevant Assignment Contract.

    Notwithstanding the foregoing, ATL reserves the right to withhold payment to the Candidate until such documents are duly signed by the Candidate and returned to ATL.

  • TIME RECORDING
    Adia provides a time recording functionality for each Candidate assignment. As soon as the Candidate arrives at the agreed place of work, he will be able to check-in to the assignment via Adia. Before leaving the place of work again, the Candidate must check out from the assignment via Adia. The Client can verify this information about the check-in and check-out from the assignment, and it can then confirm or correct the information provided by the Candidate and approve the time worked. If the Candidate is unable to check-in and/or check-out on arrival and departure at the assignment, he can do so at a later date but should do so as soon as possible thereafter. Alternatively the Client can complete the check-in and check-out for the Candidate.
  • ASSESSMENT AT THE END OF THE ASSIGNMENT

    After the end of each assignment, both the Candidate and the Client are invited to assess each other. All assessments must be done carefully, conscientiously and according to the criteria laid down by Adia.

    Ratings are based on star ratings of 1-5 with 5 stars being highest and are purely the decision of the Candidate or Client as applicable with no input from ATL.

  • GENERAL OBLIGATIONS OF CANDIDATES

    Candidates are obligated to ensure that all the information required for registration is complete and truthful, and to submit all required documents and supporting documents. Any changes to the information provided must be updated immediately via Adia or the Adia Support Helpline. Likewise, every Candidate is required to notify ATL of any changes that may affect his eligibility to work in the UK, in particular with regard to expired work permits. ATL may review the information provided at any time and request any necessary supporting documents. If it is determined that a Candidate has not fully complied with these obligations, ATL is entitled to block the Candidate’s access to Adia and terminate all existing assignments with immediate effect.

    By registering on Adia, Candidates agree to abide by all rules concerning the use of IT equipment, e-mail systems and internet access defined by ATL or its clients. All Candidates must be aware of and agree to abide by all health & safety requirements/standards defined by ATL or its clients and be aware of their duty of care to Client employees, other workers and members of the public.

    The Candidate voluntarily and expressly acknowledges and accepts that he is solely and exclusively responsible for his use of Adia. The Candidate is not permitted to perform any actions that could affect the reputation, interests or rights of ATL or its affiliates, or that harm or compromise the Adia platform, or that may interfere in any way with the normal use by other Users.

    The Candidate agrees that he will not infringe any terms of his right to work documents, for example, including but not limited to any restricted maximum hours for a student visa.

  • BLOCKING ACCESS TO ADIA
    ATL is entitled to block the Candidate’s access to Adia if the Candidate violates these Terms of Use, the Framework Contract or the Assignment Contract. ATL is also entitled to exclude Candidates from Adia who violate their obligations towards the Client, in particular in the event of an unjustified absence from an assignment or failure to comply with the Client’s instructions.
  • SECURITY
    Adia employs appropriate security measures to detect viruses. Nevertheless, each Candidate must be aware that the existing security measures for computer systems on the Internet do not provide complete protection. Adia does not warrant that there are no viruses or other elements that may cause changes to Candidates’ computer systems (hardware and software) or to the data stored in their systems.
  • INTELLECTUAL PROPERTY RIGHTS

    All content of the Adia online platform and the associated applications and websites are either owned by ATL or have been licensed to ATL for use. All content, such as images, photographs, illustrations, text and other materials, is protected worldwide by copyright, design law, trademark and other intellectual property rights. The Candidate agrees to respect all ATL intellectual property rights and those of third parties at any time, and shall not extract, reproduce, convert or distribute any content whatsoever.

    No title or right, or any intellectual property or other right, express or implied, is transferred to the Candidate by virtue of this Agreement. The license granted hereunder is limited solely to the right to access Adia via the World Wide Web and does not include the transfer or distribution of software or source code to the Client. The Candidate shall not, and shall not permit any User or third party to copy, transmit, distribute, sell, rent, lease, transfer, reproduce, modify, adapt, enhance, translate, reverse engineer, disassemble, decompile, attempt to derive source code, or create derivative works or competing products from, Adia, services or documentation, or any software, source code or components thereof.

    The Candidate shall not, and shall not permit any User to, engage in any of the following prohibited acts (i) attempting or gaining access to data not intended for the Candidate or logging into accounts or Adia areas which the Candidate is not authorised access; (ii) probing or breaching Adia security measures; (iii) transmitting or modifying any data or information that the Candidate does not possess the lawful right to transmit or modify; (iv) accessing Adia in violation of any applicable local or international law, rule or custom; (v) accessing Adia to harm, threaten, harass, or to infringe the privacy or rights of, any person or entity or in violation of any English laws or regulations; and (vi) using any information accessed from Adia for other than the properly licensed purpose hereunder.

    The Candidate shall notify ATL immediately if it becomes aware of any use or conduct that violates any of the prohibitions in the above paragraph. The Candidate shall indemnify and defend ATL and its licensors from any claims, damages or expenses (including legal fees) arising from any actual or alleged improper use or conduct by any User or third party under the Candidate’s account. Notwithstanding anything stated herein, ATL reserves the right to terminate, restrict or deny use of or access to Adia, services or documentation by or to any User that ATL reasonably determines is or may be engaged in improper use or access or remove any documents which infringe this clause 10.

    Subject to the Adia privacy policy, ATL is granted a non-exclusive, worldwide, transferable and sub-licensable right to use all information and content provided by the Candidate via Adia for the business purposes of ATL and its affiliates for the duration of the relationship between the Candidate and ATL.

  • LINKS AND LINKING
    Adia may display links to other websites operated by third parties not affiliated with ATL. The inclusion of such links to third party websites does not constitute implied endorsement by ATL of these sites. ATL has not reviewed all of the external sites linked to the website and is not responsible for the content or accuracy of those sites, or other sites linked to the website. The use of a link to an external site or to third-party sites is at the Candidate’s own risk.
  • PERSONAL DATA
    The collection and use of your personal data is subject to the Adia Privacy Policy, which forms an integral part of these Terms of Use. Each User must expressly accept this Privacy Policy during Adia sign-up.
  • EXCLUSION OF LIABILITY/LIMITATION OF LIABILITY

    No warranty or assurance is given by ATL as to whether the Adia online platform or its content is correct, complete, error-free or reliable, or that its usage does not infringe any third party’s rights, that it will work in combination with other hardware, software, systems or data not provided by ATL or that all program errors will be corrected. No warranty or assurance is given by ATL that the functional aspects of the Adia online platform or that the server through which Adia or its content is made available is free from viruses or other harmful components. The use of the Adia online platform and its content is at the Candidate’s own risk and is made available “in the existing state” and “depending on availability” without any warranty of any kind.

    ATL does not provide any guarantee that Adia and its services will be available without restriction, and reserves the right to make changes to the platform and the service offer at any time and without prior notice. To the extent permitted by law, ATL and its licensors expressly disclaim all express or implied warranties, including but not limited to the implied warranties of fitness for particular purpose, merchantability, title or non-infringement. No act or statement by ATL or its personnel shall operate to make or constitute a warranty or representation.

    To the extent permitted by law, ATL excludes all liability for damages arising out of or in connection with using the Adia online platform or its content, irrespective of whether it concerns direct, indirect, special or consequential damages or loss or any liability to or by a third party, loss of present or future profits, business revenue, goodwill or anticipated savings in any way arising under or in connection with Adia and/ or these Terms of Use.

  • AMENDMENTS TO THESE TERMS OF USE
    ATL is entitled to amend these Terms of Use at any time. It will inform Candidates of amendments in an appropriate manner. If the Candidate does not agree with the amended Terms of Use, he shall notify ATL in writing within a period of 10 days from the date of notification, otherwise the amended Terms of Use will be deemed as accepted. In any case, continuing to use Adia after the publication of the amended Terms of Use will be deemed as unreserved acceptance of this policy.
  • APPLICABLE LAW AND JURISDICTION
    These Terms of Use are subject to English law. The Candidate agrees that the exclusive jurisdiction for all claims arising out of or in connection with the use of the Adia online platform lies with the courts of England.