Terms and Conditions

Introduction

All use of our website niya.ai, including all services, media and data available on it, ("Website") is governed by these Terms of Conditions ("Terms") and the following related policies: Our Privacy Policy which sets out the terms on which we process any personal data we collect from you, or that you or others provide to us. By using our Website, you consent to such processing and you warrant that all data provided by you is accurate. You also warrant that you have obtained the consent of all persons whose personal data you provide to us, for us to use that data to provide you and such other person with the requested product, service or information.

These Terms were most recently updated on: 03/08/2022

To make it easier for you to navigate these Terms, we have set them out in four sections:

PART A: INTRODUCTION

PART B: PROVISIONS SPECIFIC FOR EMPLOYERS

PART C: GENERAL

PART A: INTRODUCTION

1. Information about us

Registered company name: Niya Network Ltd, trading as Niya registered in England and Wales under Company number 13056558 and whose registered office is: 86-90 Paul Street, London, United Kingdom, EC2A 4NE (hereinafter, "Niya", "we", "us" or "our").

You can contact us anytime by emailing team@niya.ai or by writing to us at our registered office address above. 

2. What is our site?

We provide an online platform that provides individual users who are seeking employment opportunities ("Candidate(s)") with a job search product and also connects Candidates with Employers (as defined in Clause 3 below).

When the product is used as intended, interactions on the Website occur between Candidates and Employers. You acknowledge that Niya is not directly involved in or otherwise an agent or party to any transaction that may take place between a Candidate and an Employer.

3. Acceptance of Terms & Conditions

By you visiting this Website as a person, company or unincorporated body (whether or not having separate legal personality) that is interested in hiring Candidates ("Employer", "you" or "your"), and whether or not you become a registered user of the Website or not, you accept these Terms and you agree to comply with these Terms. If you do not agree with these Terms, then you must immediately stop using the Website.

BY CLICKING "GET STARTED", OR OTHERWISE ACCESSING OR USING THIS WEBSITE, YOU AGREE THAT YOU HAVE READ AND UNDERSTOOD, AND, AS A CONDITION TO YOUR USE OF THE WEBSITE, YOU AGREE TO BE BOUND BY, THESE TERMS, INCLUDING OUR PRIVACY POLICY. IF YOU ARE NOT ELIGIBLE, OR DO NOT AGREE TO THE TERMS, THEN YOU DO NOT HAVE OUR PERMISSION TO ACCESS OR USE THIS WEBSITE.

We reserve the right to change the Terms by posting the new version to this page and, where appropriate, by notifying you of such change via email. Every time you wish to use our Website, please check these terms to ensure you understand the terms that apply at that time. You can review the current version of the Terms which apply to your use of the Website at any time on this page.

4. Accessing Niya

In consideration of you agreeing to abide by the Terms, we hereby grant to you a limited, revocable, non-exclusive, non-transferable, non- sublicensable, license to use the Website, solely for your personal, non- commercial use.

We may update and change our Website from time to time to reflect changes to our products, our users' needs and our business priorities. We do not guarantee that our Website, or any Content (as defined in Clause 10 below) on it, will always be available uninterrupted or error free and we reserve the right to withdraw, suspend or amend the services or functionality that we provide on the Website without notice for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal. We will not be liable if for any reason the Website is unavailable at any time or for any period.

If you choose, or you are provided with, a password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any third party. We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our opinion you have failed to comply with any of the provisions of these the Terms. If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at team@niya.ai.

We do not guarantee that our Website will be secure or free from bugs or viruses.

You are responsible for configuring your information technology, computer programmes, and platform to access our Website. You should use your own virus protection software. You must not misuse the Website 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 the Website, the server on which the Website is stored or any server, computer or database connected to Website. You must not attack our Website via a denial-of-service attack  or a distributed denial-of service attack. If you do so, you may be committing a criminal offence under the Computer Misuse Act 1990, or other applicable law based on your location. We may report any such breach to the relevant law enforcement authorities and we will cooperate with those authorities by disclosing your identity to them. In the event of such a breach, we reserve the right to immediately cease your right to use the Website.

You are also responsible for ensuring that all persons who access our Website through your internet connection are aware of these Terms and other applicable terms and conditions, and that they comply with them. You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists. You must not establish a link to our Website in any website that is not owned by you. Our Website must not be framed on any other site, nor may you create a link to any part of our Website other than the home page.

We reserve the right to withdraw linking permission without notice.

If you wish to link to or make any use of Content on our Website other than that set out above, please contact team@niya.ai.

5. Third Party Websites

We have no control over third-party websites and their contents, and we accept no responsibility for them or for any loss or damage that may arise from your use of them.

PART B: PROVISIONS SPECIFIC FOR EMPLOYERS

6. Registration: Creating an Account and a Profile

In order to use the Website as an Employer you must register and create an account on the Website ("Account"). You may not use this Website if you previously had an Account terminated or suspended. We reserve the right, in our sole discretion, to accept or reject your registration for an Account. If your registration is accepted by us, you will be allocated an Account.

In registering for an Account on the Website, you agree: (1) to provide true, accurate, current, and complete information about yourself; and (2) to maintain and promptly update the information to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account. You are permitted to manage/edit your Employer profile, update and edit job listings.

If you provide any Content on the Website (via your Account, or via any of your interactions within the Website) that is untrue, inaccurate, not current, or incomplete, or Niya has reasonable grounds to suspect that any such Content is untrue, inaccurate, not current or incomplete, we have the right to remove such Content, suspend or terminate your Account and refuse any and all current or future use of the Website without notice to you.

You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You undertake that your login may only be used by you and a login shared by multiple people is not permitted. You agree not to create an Account or use the Website if you have been previously removed by Niya, or if you have been previously banned from the Website. Niya has the right to verify each email address linked to each Employer Account. Accounts will only be activated following our internal verification processes.

Niya has the right to suspend or terminate your Account and refuse any and all current or future use of the Website at any time and for any reason.

7. Obligations and rights of Employers

As an Employer, you can find and message Candidates through the Website.

When you view, send, store or receive information (including CVs and messages) through or using the Website, we may, for example, use such information for its internal business purposes including but not limited to data analysis, quality control, or to refine the Website or any other product or service (including to provide better search results and other listings for Candidates and Employers), whether via automated means or otherwise. You may receive messages, emails or email notifications corresponding with your activity on or use of the Website. Niya disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

You shall indemnify, keep indemnified, defend and hold harmless Niya, its agents, affiliates, and licensors from any and all losses, damages, costs, expenses (including but not limited to reasonable legal fees), third-party claims or any other liabilities arising out of any Account created by you, any job advert posted directly by you, any message sent by you or any other Content or material that is uploaded to, or access via, the Website.

8. Confidentiality and Data Protection

As an Employer, you agree to keep confidential all information gained from Candidates through use of our Website (including but not limited to names, identities or personal information of any Candidates), together with all other information which is of a private, proprietary or confidential nature ("Confidential Information"). You agree to: (1) not disclose the Confidential Information to any person other than your employees who have reasonable need to know the information in connection with the potential recruitment of the Candidate (and provided always that you ensure that such employees are bound by obligations of confidentiality no less strict than this Clause 7 and you remain responsible with their compliance with this Clause 7) and not to anyone outside of your organisation; (2) take appropriate physical, technical and administrative measures to protect the Confidential Information from loss, misuse, unauthorised access, disclosure, alteration or destruction. If requested by us, you shall immediately return or destroy (as directed by us) all Confidential Information.

 You agree that for the purposes of applicable data protection legislation including but not limited to the Data Protection Act 2018 and the General Data Protection Regulation 2016/679 or similar laws based on your applicable jurisdiction ("Data Protection Legislation") you are a data controller of any and all personal data that you collect from Candidates on the Website and that you will process any such personal data submitted by Candidates in accordance with the Data Protection Legislation.

9. Niya Social Mobility Network Membership

If you sign up to the Niya Social Mobility Membership, we will provide you with the Niya Social Mobility Membership services described on the Website.

Niya Social Mobility Membership terms are, unless otherwise agreed, for an initial 12 months, and will automatically renew at the end of the initial term (subject to any agreed pricing changes) for subsequent periods of 12 months, unless you, or we, give 30 days' written notice to terminate the subscription at the end of the initial, or any subsequent, term. We will notify you of any increase in pricing at least 30 days prior to the end of  the initial, or any subsequent, term. We may, at our discretion, refuse to renew a Niya Social Mobility Membership subscription at the end of the initial, or any subsequent, term.

 Core Membership features that are provided through the Niya Social Mobility Membership include:

1. Diversity Hiring Platform
2. Diversity Job Board
3. Member Events
4. Member Hub
5. Social Mobility Partnership Network
6. Emergency Responses
7. Advocacy & Award Nominations

Additional service and features can be acquired at an additional cost. These include:

1. Train-To-Hire
2. Job Boosting
3. Employee Volunteering
4. Global Sourcing Network
5. Conference Sponsorship
6. Community Events
7. Marketing & PR
8. Social Mobility Leadership Forum
9. Dedicated Recruitment Consultant
10. Donation Hub

PART D: SERVICE PROVIDERS AND TALENT PARTNERS

 10. Using our partner services

Using our partner services, users can browse information about supplier services. These fall into two categories:

1. supplier services that can be ordered through our services; and

2. “signposted supplier” services that cannot be ordered through our services – you may however be able order these services on the website of the relevant supplier.

If you are a registered user with an active account on our services, you can order supplier services by means of our services.

A contract for the sale and purchase of supplier services will come into force between you a Niya supplier and Niya.

11. Supplier terms and conditions

Contracts between users and suppliers will be subject to the relevant supplier’s own terms and conditions, as published through our services from time to time and accepted by the user during the order process.

You must comply with any applicable supplier terms and conditions.

PART C: PROVISIONS SPECIFIC FOR CANDIDATES

12. Registration: Creating an Account and a Profile

When you access the Website you will have the opportunity to register and create an account ("Account"). To be eligible for the Website you must be at least 18 years old. We reserve the right, in our sole discretion, to accept or reject your registration to use our Website. If your registration is accepted, you will be allowed to use our Website. Niya has the right to suspend or terminate your Account and refuse any and all current or future use of the Website at any time and for any reason.

In registering for an Account on the Website, you agree: (1) to provide true, accurate, current, and complete information about yourself; and (2) to maintain and promptly update the information to keep it true, accurate, current and complete. You are responsible for all activities that occur under your Account.

If you provide any content on the Website (via your Account, or via any of your interactions within the Website) that is untrue, inaccurate, not current, or incomplete, or Niya has reasonable grounds to suspect that any such content is untrue, inaccurate, not current or incomplete, Niya has the right to suspend or terminate your Account and refuse any and all current or future use of the Website.

You agree not to create an Account using a false identity or information, or on behalf of someone other than yourself. You agree that you shall not have more than one Account. You undertake that your login may only be used by you and a login shared by multiple people is not permitted. You agree not to create an Account or use the Website if you have been previously removed by Niya, or if you have been previously banned from the Website.

You will be required to provide us with your name, e-mail address and job preferences. In order to be contacted by Employers on the Website. You may be required to provide further information about your employment history, education and other data related to your professional history. For further information as to how we collect, store and process your personal data please refer to our Privacy Policy.

Once you have created an Account and filled out your preferences, you will be able to use the job search functionality and communicate with potential Employers about job opportunities.

Niya has the right to suspend or terminate your Account and refuse any and all current or future use of the Website at any time and for any reason.

PART E: GENERAL

13. Intellectual Property and Acceptable Use

Our website, the Platform and their content are protected by certain rights, including registered and unregistered intellectual property rights (Rights). These Rights belong either to us or to our licensors. We and our licensors expressly reserve all Rights in and to our website, the Platform and their contents. Nothing in these Terms of Use grants you any legal rights in our website, the Platform or their contents other than as necessary to enable you to access and use our website and the Platform in accordance with these Terms of Use. The use of any trade marks on our website or the Platform is strictly prohibited unless you have our prior written permission.

14. Uploading your Content to the Platform and your Intellectual Property Rights

All information that you post or submit through the Platform (Your Content) is intended to be shared with other candidates .You must ensure that Your Content complies with this clause 10.

You represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights or other legal rights of any third party. We are not under any obligation to review any of Your Content but we reserve the right to do so without notice. 

Your Content must not: 

1. contain any material which is or may reasonably be considered to be threatening, defamatory, obscene, indecent, offensive, pornographic, abusive, liable to incite racial hatred, discriminatory, menacing, scandalous, inflammatory, blasphemous, or in breach of confidence;
2. be illegal or infringe the Rights of any third party, in any country in the world; and
3. be technically harmful (by way of example it must not include any computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data).

You will retain all rights in Your Content. By uploading Your Content to the Platform, you hereby grant us, together with users of the Platform an irrevocable non-exclusive licence (which is unlimited in time) to view and use Your Content without restriction.

We reserve the right to remove Your Content as we see fit. You are urged to keep back-up copies of any of Your Content submitted to us.

If you wish to request that we stop using any of Your Content at any time, you should notify us by emailing www.niya.ai setting out details of Your Content (the “Notified Content”) and where it can be found on the Platform. We will endeavour to respond promptly and to endeavour to cease using the Notified Content. However, please note that once you have posted Your Content, it may be shared and reposted by us on other websites and used in other media and publications. Whilst we will endeavour to cease using any Notified Content within a reasonable time of the date you notify us of your request to do so, we cannot give any guarantee that we will be able to do so where the Notified Content has been published on the Website or in other media.

15. Our Liability to you

We will not be liable for any loss that is not caused by us or that was caused by any event or circumstance beyond our reasonable control.

We will not be liable for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with (i) your use of, or inability to use, our website or the Platform; or (ii) your use of or reliance on any content on our website or the Platform.

We will not be liable for any loss of profits or revenue, loss of anticipated savings, loss of or damage to data or loss of goodwill.

We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the website or Platform or to your downloading of any content on it, or on any website linked to it.

16. Your Liability to us

Any use by you of our website, the Platform or their contents in a manner not expressly permitted by our Terms of Use may mean that you are infringing our Rights and/or the Rights of our licensors. We and our licensors reserve all rights and remedies available in respect of any such infringement.

We reserve the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our website or the Platform constitutes a violation of these Terms of Use.

17. General Provisions

You may not assign, sub-license or otherwise transfer any rights under our Terms of Use.

If any provision of our Terms of Use is found to be invalid for any reason, the invalidity of that provision will not affect the remaining provisions of our Terms of Use, which will remain in full force and effect.

If we fail to exercise any right or remedy under our Terms of Use, our failure does not constitute a waiver of that right or remedy. Any waiver must be in writing and signed by us. 

The laws of England and Wales will apply to our Terms of Use and your use of our Website. The courts of England and Wales will have exclusive jurisdiction over any claim relating to these Terms of Use.

18. Enquiries

If you have an enquiry, please contact our customer services team at team@niya.ai or write to us at 86-90 Paul Street, London, EC2A 4NE.