Candidate Terms of Use
Welcome to the Zinc Work Limited (also referred to as “Zinc,” “we,” “us,” or “our”) background screening platform (the “Platform”). Through the Site, Zinc provides background screening and other related services (“Services“) to businesses with whom it has a contractual relationship (“Customer(s)”), allowing them to collect information about individuals they employ or are seeking to employ (“Candidate(s)”, “You”, “Your”).
By accessing or using the Platform, You agree to follow and be bound by the following terms and conditions concerning Your access to and use of the Platform as a Candidate and any other related services which Zinc may, from time to time, offer (“Terms of Use”). The Zinc Service is provided subject to these Terms of Use and Your use of the Zinc Service hereafter will be deemed to constitute acceptance of them. Your access to and use of the Services is conditioned on Your acceptance of and compliance with these Terms of Use. You agree to be bound to these Terms of Use and to accept liability for harm caused by any wrongful use of the Platform or Services resulting from such access or use. We reserve the right to refuse service and/or terminate accounts without prior notice if these Terms are violated or if we decide, in our sole discretion, that it would be in our best interest to do so.
Zinc reserves the right to, in our sole discretion, revise and change the Terms of Use at any time without notice to you. Any changes are effective immediately upon being posted to Zinc’s official website, zincwork.com (“Site”). The most current version will be available on the Site, and the Effective Date of the current version is at the top of this page. If you continue to access or use the Services after any such revisions become effective, you will be deemed to have agreed to be bound by the revised Terms of Use.
Agreed terms
Zinc-Candidate Relationship
You acknowledge that when a background check is run on you through the Platform, this Service is performed on the behalf of and under the instruction of your current or future employer, who is a Zinc Customer. You accept that the sole purpose of the Platform and accompanying Services is to collect and process the information required for the checks requested by the Customer and Zinc does not assume any responsibility or liability for the decision to conduct these checks or any actions that the Customer might take in response to the results of any given check.
You accept that Your use of the Zinc Service does not absolve the Customer of their obligations under any applicable laws and regulations or any other legal requirements arising from or in connection with their use of the Services.
You accept that the check results and accompanying reports provided through your use of the Zinc Service are based upon multiple third party data sources which Zinc has no control over and so you further accept that Zinc cannot guarantee the accuracy or reliability of said third party data sources and that, save for where any inaccuracy is caused by Zinc’s own acts or omissions, Zinc shall not be liable for any damage caused due to any inaccuracies contained within the reports.
Candidate Obligations
You will need to register an account with Zinc in order to utilize the Services, including to complete any checks requested by your employer through the Platform. You are responsible for maintaining the confidentiality of your account, username, and password and for restricting access to your computer and account. You agree to accept responsibility for all activities that occur under your account and shall use all reasonable endeavours to prevent any unauthorised access to, or use of, the Zinc Service. If you become aware that there has been unauthorized access to or use of your password or account, you must notify us immediately.
You will be required to upload certain information and evidence to the Platform, or occasionally provide it directly to our staff, as part of the background checking process (“Submissions”). You agree to always provide accurate information, including but not limited to any information you may submit for background checks conducted on you. You accept full responsibility for providing and maintaining current, complete, accurate and truthful information on your account and further agree that Zinc has no obligation to monitor or edit the information you submit to us, the Customer or any other third party who may be involved in the background checking process at any point.
By making Submissions, you warrant that:
- you have the right and authority to provide any Submissions;
- you have only disclosed information that is true, accurate and not misleading (including by omission) and nothing you have submitted is known by you to be false, inaccurate, or misleading;
- you are the individual who the Submissions relate to and that you have obtained permission from any individual who appears and/or is referred to in your Submissions; and
- your Submissions would not infringe any legal obligation that you may have to any third party, including under laws related to copyright, trademark, patent, trade secret, confidentiality, notice period, restrictive covenant, non-competition or other intellectual property rights, privacy rights, or any other legal or moral rights of any third party.
Through your use of the Platform and Services, you shall not access, store, distribute or transmit any material or information that:
- is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; or
- facilitates illegal activity.
You shall not, except to the extent expressly permitted under these Terms of Use or as may be allowed by any applicable law which is incapable of exclusion by agreement between the parties:
- attempt to copy, modify, duplicate, create derivative works from, frame, mirror, republish, download, display, transmit, or distribute all or any portion of the Zinc Service in any form or media or by any means; or
- attempt to de-compile, reverse compile, disassemble, reverse engineer or otherwise reduce to human-perceivable form all or any part of the Zinc Service; or
- access all or any part of the Zinc Service in order to build a product or service which competes with the Zinc Service; or
- attempt to obtain, or assist third parties in obtaining, access to the Zinc Service other than as provided under the Terms of Use; or
- introduce or permit the introduction of any virus into the Zinc Service or Zinc's network and information systems; or
- use or attempt to use the Zinc Service to impersonate any other person or company when performing background checks;
You shall comply with all applicable laws and regulations with respect to any activities you perform in connection with the Services governed by these Terms of Use.
Zinc reserves the right, without liability or prejudice to its other rights to you, to disable your access to the Services if you breach this Clause 2, until such time as said breach can be remedied in full by you.
Waiver
Except as otherwise required under applicable law, you agree to bring and resolve any claims against Zinc and/or our checking partner Onfido Limited (a company incorporated and registered in England and Wales with company number 07479524 whose registered office is at 14-18 Finsbury Square, 3rd Floor, London, England EC2A 1AH) ("Onfido") only on an individual basis, and not as a named-plaintiff or class member in any class or representative proceeding. You acknowledge and agree that you are waiving the right to participate as a plaintiff or class member in any purported class action lawsuit, class-wide arbitration, or any other representative proceeding as to all claims (“Class Action Waiver”).
Intellectual property rights
Zinc (and our licensors as applicable) owns or licences all intellectual property rights in the Services and all content displayed on the Site and Platform including, but not limited to, all trade marks, copyrights, database rights and other intellectual property rights of any nature and all underlying software code. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.
So long as you comply, and continue to comply in full, with the Terms of Use, Zinc grants you a limited, non-exclusive, non-transferable, revocable licence to access and use the Platform solely for the purpose of receiving the Services. You may not lease, rent or otherwise make your Zinc account available to any other person or business.
You must not copy, scrape, extract, reproduce, modify, licence to any third party, or sell or offer to sell to any third party any data from the Services. You further agree not to use, or cause to be used, any manual or automated program, tool, or process, (including any scraper or spider robot), to extract, scrape, data mine, transmit, or publish, any part of the Platform.
You will not interfere with or attempt to remove any trademark or copyright notices from any content displayed within the Zinc Service.
You warrant and represent that you have the full right and authority to use any data or material that you submit to the Zinc Service. You further warrant and represent that the use of such data by Zinc will not infringe the rights of any third party or cause Zinc to be in breach of any applicable law.
Rights and remedies.
Except as expressly provided in these Terms of Use, the rights and remedies provided under these Terms of Use are in addition to, and not exclusive of, any rights or remedies provided by law.
Severance
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 the Terms of Use.
Entire agreement
These Terms of Use constitute the entire agreement between you and Zinc and supersedes and extinguishes all previous and contemporaneous agreements, promises, assurances and understandings between us, whether written or oral, relating to its subject matter, with the exception of any data processing or other related notices that may be shown to you on the Platform or Site.
You acknowledge that in accepting these Terms of Use, you do not rely on, and 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.
Assignment
You shall not assign or transfer your rights under these Terms of Use without Zinc’s prior written consent.
Zinc shall not assign or transfer its rights under these Terms of Use without notifying you. Notwithstanding the foregoing, Zinc may assign its rights under these Terms of Use to a successor by reason of a merger, reorganisation, sale of substantially all of its assets, change of control or operation of law.
No partnership or agency
Nothing in these Terms of Use is intended to or shall operate to create a partnership between Zinc or you, or authorises either party to act as agent for the other, and neither party shall have the authority to act in the name, or on behalf of or otherwise, to bind the other in any way including, but not limited to, the making of any representation or warranty, the assumption of any obligation or liability and the exercise of any right or power.
Notices
Any notice given to Zinc under or in connection with these Terms of Use must be in writing and delivered to: legal@zincwork.com.
Any notice given to you under or in connection with these Terms of Use shall be in writing and delivered to the email address connected to your Zinc account.
Governing law
These Terms of Use and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed by and interpreted in accordance with the law of England and Wales.
Jurisdiction
Each Party irrevocably agrees that the courts of England and Wales shall have exclusive jurisdiction to settle any dispute or claim arising out of or in connection with these Terms of Use or its subject matter or formation (including non-contractual disputes or claims)