My Construction Wallet - Terms of Business for users

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App

Definitions

Terms & Conditions

1.1 Welcome to My Construction Wallet, part of My Go Hire Ltd. We are an online platform and app that allows individuals to store and share data securely on cloud. We also connect businesses that are looking to engage with vetted employees on an ad-hoc basis to meet their recruitments (each business being the client) with individuals who are looking for opportunities.

1.2 Thanks for choosing My Construction Wallet ('MCW', 'we', 'us', 'our'). By registering or otherwise using MCW, Website, App and/or software applications (together, 'MCW' or 'Service'), or accessing any content or material that is made available by MCW through the Service (the 'Content') you are entering into a binding contract with My Construction Wallet and My GoHire.

1.3 Your Agreement ('Agreements') with us includes these Terms & Conditions of Use ('Terms') and our Privacy Policy. You hereby acknowledge that you have read and understood the Agreements, accept these Agreements, and agree to be bound by them on behalf of the company or other legal entity for which you are acting (for example as an employee) or if there is no company, on behalf of yourself as an individual and you represent and warrant that you the right, power and authority to act on behalf of and that you bind your company or yourself. If you do not agree with (or cannot comply with) the Agreements, then you may not use My Construction Wallet.

1.4 The Website and the App are owned and operated by My Go Hire Limited ('My Construction Wallet', 'we', 'us', 'our') or by one of our group companies, and are made available to you subject to these Terms of Use. Where you are a Worker the ', Additional Worker Terms', will also apply to you and form part of these Terms of Use. The use of certain Services offered through the Website or App may be subject to specific terms and conditions which may substitute, complete and / or modify these Terms of Use. Therefore, prior to the use of such services, you must also carefully read and accept the corresponding terms and conditions for those Services.

1.5 My Construction Wallet provides free registration for candidates/workers ('Workers') The Agreements include information about future changes to the Agreements,, limitations of liability, privacy information and waivers. Any information that you provide during Registration can be corrected during the Registration process by returning to the previous screens and correcting erroneous information or at a later stage by editing your Profile or Account Information once you have already Registered.

1.6 In order to use MCW and access the Content, you need to 1) be 16 years or older, 2) have the power to enter a binding contract with us and not be barred from doing so under any applicable laws, and 3) be resident in a country where MCW is available. You also warrant that any Registration information that you submit to MCW is true, accurate and complete and you agree to keep it that way at all times.

1.7 Occasionally we may, in our discretion, make changes to the Agreements. When we make material changes to the Agreements, your continued use of MCW after the changes have been made will constitute your acceptance of the changes. Please therefore make sure you keep up to date with the the Terms of Conditions. If you do not wish to continue using MCW under the new version of the Agreements, you may terminate the Agreements by contacting us by email:[email protected].

1.8 These terms of and conditions of use ('Terms of Use') set out the terms on which you may access and use our website (www.myconstructionwallet..com) ('Website'), download and use the ', my construction wallet', mobile application (App') and access our services, whether through the Website, the App, or made available by us or one of our group companies by any other means from (Services').

Accounts

2.1. All users are responsible for their accounts, including making sure that all user details are correct and up to date and for ensuring that their password is secure. If you have any reason to believe that its account is being used by anyone else then please contact us immediately on [email protected]. We may suspend an account and will contract to try and resolve the industry.

2.2. You must not under any circumstance falsify any information or upload any forged documents.

2.3. We will not be held responsible or accountable for any documents which are out of date or incorrect.

Content on our service

3.1. We may change or remove content, functionality of parts of our service at any time.

3.2. The legal rights (including the intellectual property rights) in our service/app and any content on it is owned by us, or licensed to us by third parties. Our service, content and technology is protected by international copyright laws and database rights. You may not use our trade marks, logos or other intellectual property without our prior written approval.

3.3. From time to time, our service may include links to other websites, applications or web properties. Theses links are provided for your convenience to provide further information. We have no control over, or responsibility for, the content of the linked websites, applications or web properties.

3.4. We do not guarantee that the service, or any content on it, will always be available or uninterrupted. The quality of service may be affected by a number of factors included, for example, network connection and internal network, as well as any interference or maintenance work. If a disruption or disturbance occurs on the app or a part of it or if the app or part of it is temporarily out of use or inoperative due to repair or maintenance work, updated or reasons beyond our control (force majeure), you accept that such interruptions, disturbances or disruptions do not constitute a defect or delay of or in the service, and to the extent permitted by law, we shall not be liable for any consequences of or damages resulting from such interruptions, disturbances or disruptions. We or a third party shall seek to repair the problems or failures as soon as possible and restore the service/app to use as soon as possible under the circumstances. We have the right to update the software included in the service from time to time.

3.5. Your access to our service/app may also be occasionally restricted to allow for repairs, maintenance or the introduction of new facilities or services.

3.6. We do not guarantee that the service/app or any content on it, will be free from errors or omissions.

User License

4.1. You hereby accept that this means that we are able to use and exploit the Content in any manner and by any means, method or technology (whether now known or hereafter created) and for such purposes (including but without limitation to promoting part or all of the Service).

4.You are solely responsible for your Content and the consequences of posting or publishing it. We do not endorse any Content or any opinion, recommendation, or advice expressed therein. You also acknowledge that we have no liability in connection with the Content and we cannot guarantee and will not be liable for any unauthorised copying, distribution or use of your Content.

4. By uploading and publishing your Content you warrant, represent and undertake that you are the creator and owner of the Content, have the right to grant us the rights contain in these Terms of Service and that you will comply with all your obligations regarding uploading content to our Service including without limitation those set out at clause 5.1, below. You warrant that the Content is accurate and complete in all material respects and you have (and will continue to have during your use of the Service) all necessary licences, rights consents and permissions which are required to enable us to use your Content as contemplated by these Terms of Service.

Your use of the Website or App

5.1 You agree that you will not:

5.2 use the Website or App (or any part of the Website or App) to upload or transmit content that is illegal or to conduct illegal activities;

5.3 upload or transmit content to the Website or App (or any part of the Website or App) that does not meet the quality standards established by us;

5.4 upload or transmit content to the Website or App (or any part of the Website or App) that violates the fundamental rights of individuals, is discourteous, offensive or that does not meet our guidelines on what is appropriate;

5.5 Use the Website or App (or any part of the Website or App) for any illegal purpose or in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

5.6 Upload, transmit or otherwise disseminate through the Website or App (or any part of the Website or App) : (i) any computer viruses, macro viruses, trojan horses, worms or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of a computer; (ii) any material which is defamatory, offensive, or of an obscene, vulgar, indecent or menacing character, or that may cause annoyance, inconvenience or anxiety, or have the effect of being harassing, threatening, abusive or hateful or that may otherwise degrade or intimidate an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability; or (iii) any material which is copyrighted (unless you are the copyright owner or have permission of the copyright owner to post it), or reveals trade secrets (unless you own them or have permission of the owner) or infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

5.7 . Use the Website or App (or any part of the Website or App) in a way that may cause it to be interrupted, damaged, rendered less efficient or such that the effectiveness or functionality of the Website or App is in any way impaired, including, without limitation, 'overloading', 'flooding', 'spamming', 'mailbombing' or 'crashing';

5.8 . Send unsolicited email, including promotions or advertising of products or services; or

5.9 . Access or attempt to access any part of the Website or App that you are not authorized to access and you will not penetrate or attempt to penetrate Website or App security measures.

5.10. You agree that, in the event that you have any right, claim or action against any user of the Website or App arising out of that user's use of the Website or App, you will pursue such right, claim or action independently of, and without recourse to, us.

5.11. Disable or modify any copy protection technology used on the service or collect, harvest or ‘scrape' any data from any web pages contained in the Service.

5.12. Interfere with another User's use and enjoyment of the service in any other manner that could damage, disable, over burgen or impair the service.

5.13. We may suspend, restrict or terminate your account and/or your access to the service if we believe that you have breached these terms of service.

Warranties and Limitation on Liability

6.1. We do not accept any liability for damage to your computer system or loss of data that results from your use of the Website or App and we cannot guarantee that any files that you download are free from viruses, contamination or destructive features.

6.2. Nothing in these Terms of Service limits or excludes our liability for: (i) death or personal injury by our negligence; (ii) fraudulent misrepresentation; or (iii) any other liability that cannot be excluded by law.

6.3. We will not be liable to you for any lack of performance, or the unavailability or failure of the Service or our services, or for any failure by us to comply with these Terms of Service, where such lack, unavailability or failure arises from any cause reasonably beyond our control. In no event shall we be liable for any claim, damage, or loss which may be incurred by you as a result of any of your transactions involving our Service. We are not responsible for any loss or damage that is not foreseeable at the time when you begin using the Service.

6.4. The Website and App are provided on an 'as is' and 'as available' basis without any representation or endorsement and we make no warranties of any kind, whether express or implied, in relation to the Website or App, including but not limited to, implied warranties of satisfactory quality, fitness for a particular purpose, non-infringement, compatibility, security, accuracy, conditions of completeness, or any implied warranty arising from course of dealing or usage or trade.

6.5. We will co-operate with any competent law enforcement authorities or court order requesting or directing us to disclose information about you or your use of the Website or App. There may be other circumstances in which we may, in our reasonable discretion, disclose information about you or your use of the Website or App following a request to do so by legal counsel in good faith in relation to a dispute with you or a third party.

6.6. You agree that, to the extent permitted by application law, your sole and exclusive remedy for any problems or dissatisfaction with My Construction Wallet is to uninstall any My Construction Wallet software and stop using My Construction Wallet. While My Construction Wallet accepts no responsibility for third party applications or the content thereof, and while your relationship with such third party applications may be governed by separate agreements with such third parties, to the extent permitted by applicable law, your sole and exclusive remedy, as with respect to My Construction Wallet, for any problems or dissatisfaction with Third Party applications or the content thereof, is to uninstall and/or stop using any such third party applications.

6.7. To the fullest extent permitted by local law, in no event will My Construction Wallet, its officers, shareholders, employees, agents, directors, subsidiaries, affiliates, successors, assigns, suppliers, or licensors be liable for 1) Any indirect, special, incidental, punitive, exemplary, or consequential damages; 2) any loss of use, data, business, or profits (whether direct or indirect), in all cases arising out of the use or inability to use The Square service, third party applications, or third party application content, regardless or legal theory, without regard to whether My Construction Wallet has been warned of the possibility of those damages, and even if a remedy fails of its essential purpose; or 3) aggregate liability for all claims relating to My Construction Wallet, third party applications, or third party content more than the amounts paid by you to My Construction Wallet during the prior twelve (12) months in question, to the extent permissible by applicable local law.

6.8. Nothing in these Terms of Use shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or that of our employees or our agents.

6.9. Clients hereby warrant that they do and shall, at all times, comply with all relevant statutes, laws, regulations and codes of practice from time to time in force under applicable law.

Rights we grant you

7.1 My Construction Wallet and Website, Service and the Content are the property My Go Hire. We grant you a limited, non-exclusive, revocable licence to make use of MCW, and a limited, non-exclusive, revocable licence make use of the Content (the 'Licence'). This Licence shall remain in effect until and unless terminated by you or MCW. You promise and agree that you are using the Content in accordance to the terms and conditions established within these Agreements.

7.2 MCW software applications and content are licensed, not sold, to you, and MCW retains ownership of all copies of these software applications and content even after installation on any devices (computers, mobile handsets, tablets, and/or other relevant devices ('Devices').

7.3 All trademarks, service marks, trade names, logos, domain names, and any other features of My Construction Wallet are the sole property of My Go Hire - My Construction Wallet.

7.4 . You agree to abide by the Terms and not to use My Construction Wallet, the content, or any part therefore in any manner not expressly permitted by the Agreements. Except for the rights expressly granted to you in these Agreements, My Construction wallet grants no right, title, or interest to you in MCW or Content.

7.5. Third party software (for example CSCS Card Checker Software or Stripe) included in My Construction Wallet service are licensed to you either under the Agreements or under the relevant third party software licence terms as published on the relevant third party's website and/or on our Website and/or our App.

Third Party Applications

8.1. My Construction Wallet is integrated with third party applications, websites and services ('Third Party Applications') to make available content, products and/or services to you. These Third Party Applications may have their own terms and conditions of use and privacy policies and your use of these Third Party Applications will be governed by and subject to those terms and conditions and privacy policies. You understand and agree that The Square does not endorse and is not responsible or liable for the behaviour, features, or content of any Third Party Application or for any transaction you may enter into with the provider of any such Third Party Applications.

Rights you grant us

9.1. In consideration for the rights granted to you under the Agreements, you grant us the right 1) to allow The MCW to use the processor, bandwidth, and storage hardware on your Device in order to facilitate the operation of The MCW, 2) to provide advertising and other information to you, and 3) to allow our business partners to do the same. In any part of MCW, the Content you view, including its selection and placement may be influenced by commercial considerations, including agreements with third parties.

9.2. If you provide feedback, ideas or suggestions to My Construction Wallet in connection with My Construction Wallet or Content ('Feedback'), you acknowledge that the Feedback is not confidential and you authorize My Construction Wallet to use that Feedback without restriction and without payment to you. Feedback is considered a type of User Content.

9.3. You grant My Construction Wallet a non-exclusive, transferable, sub-licensable, royalty free, perpetual (or, in jurisdictions where this is not permitted, for a term equal to the duration of the Agreement plus twenty (20) years), irrevocable, fully paid, worldwide licence to use, reproduce, make available to the public, publish, translate, modify, create derivative works from, and distribute any of your User Content in connection with the Service through any medium, whether alone or in combination with other content or materials, in any manner and by any means, method or technology, whether now known or hereafter created. Aside from the rights specifically granted herein, you retain ownership of all rights, including intellectual property rights, in the User Content. Where applicable and permitted under the applicable law, you also agree to waive any 'moral rights' (or the equivalent under applicable law) such as your right to be identified as the author of any User Content, including Feedback, and your right to object to derogatory treatment of such User Content.

9.4. We have the right, but not the obligation, to monitor any activity and content associated with the Website and App. We may investigate any reported violation of these Terms of Use or complaints and take any action that we deem appropriate (which may include, but is not limited to, issuing warnings, suspending, terminating or attaching conditions to your access and/or removing any materials from the Website or App).

9.5. We reserve the right to forward contact details to any regulatory authority (no limits for the police) when we are so required. We can also forward your contact information when a complaint regarding your use of our Website, App or any of our Services and/or any User Content appears and provided that such use is deemed inconsistent with these Agreements or other applicable terms and conditions. Subject to this clause and others that may be required by law, we will not disclose your registration details to any third party without your consent.

9.6. We shall have no liability for any delay in or failure to perform any or all of our obligations under these Terms of Use if the delay or failure arises from or is attributable to acts, events, omissions or accidents beyond our reasonable control including, without limitation, industrial disputes (where caused by events or circumstances which are themselves beyond our reasonable control), nuclear accident, war or terrorist activity, acts of God, civil commotion, compliance with any law, governmental order, rule, regulation, or direction, failure of technical facilities, accident, fire, flood, storm or default of suppliers or sub-contractors.

Service Limitations and Modifications

10.1. My Construction Wallet will make reasonable efforts to keep MCW operational. However, certain technical difficulties or maintenance may, from time to time, result in temporary interruptions and downtime.

10.2. The content, layout, usability and format of the Website and App may vary solely and exclusively at our discretion. To the extent permissible under applicable law, My Construction Wallet reserves the right, periodically and at any time, to modify or discontinue, temporarily or permanently, functions and features of the The Square Service, with or without notice, all without liability to you, except where prohibited by law, for any interruption, modification, or discontinuation of My Construction Wallet or any function or feature thereof.

10.3. In the event our publication of the Website or the App is restricted, curtailed or prevented by any law, regulation, guideline, code or any other act or thing beyond our control, we may at any time, notwithstanding anything contained in these Agreements or any other terms and conditions applicable to the specific Services, terminate the Services in whole or in part without prejudice to our right to be paid by you any monies due at the date of such termination.

10.4. We do not guarantee that a chargeable Service will remain chargeable or that a free-of-charge Service will remain free-of-charge.

10.5. We will use reasonable endeavours to publish all content submitted by you to us on the required date and relevant order but we do not accept any responsibility for any error or delay in publication or rejection of publication of content, for whatever reason.

10.6. We are not responsible for the publication, change, deletion, delay in publication or deletion of any content required by any competent authority with jurisdiction and responsibility for regulations on electronic and online advertising on the Internet (including without limitation the authority of Advertising Standards or other body that replaces it).

Electronic communications

11.1. Acceptance of these Terms of Use and Agreements or specific terms and conditions for the use of any of our the Services, implies your express authorization for us to send you the electronic communications indicated in the following paragraph to your home, mobile phone and email address. Such authorization includes sending commercial and advertising communications related to products and services from us and other portals related to this platform as well as third parties and their portals (including our group companies). We currently send the following communications via in app messaging, email or mobile notification:

i) Renewal and expiry of qualifications, certifications and tickets;

ii) Newsletters with tips for getting jobs, industry updates, reports, trends, job matches, job offers, job acceptances, job bookings, job cancellations etc;

iii) commercial communications (for advertising, market research and with commercial prospects).

11.2. We provide two mechanisms by which users of our Services who so request to enable or deny service of electronic communications, can simply and freely activate and deactivate them at the moment of registration or via their home menu inside the Website or App. Users may also unsubscribe from the emails themselves at the bottom of the body of emails. To turn off notifications in the mobile application you can do this from the options of your own mobile device.

11.3. By completing and sending the electronic registration form you consent to us sending electronic communications.

11.4. We can not be held accountable for notifications being turned off or technical faults that result in an expired qualification, ticket or certification arising.

Intellectual Property Rights

12.1. You acknowledge and agree that all title, right and interest (including without limitation all copyright, trademarks and all other intellectual property rights) in all material or content supplied as part of the Website or App shall remain at all times vested in us or our licensors. You are permitted to use this material only as expressly authorised by us or our licensors.

12.2.. You acknowledge and agree that the material and content contained in the Website or the App is made available for your personal or company use only, and that you may download such material and content onto only one device hard drive for such purpose. Any unsanctioned use of the material and content of the Website or the App is strictly prohibited. You agree not to (and agree not to assist or facilitate any third party to) copy, save, modify, reproduce, transmit, publish, display, distribute or use for any purposes, whether commercial or noncommercial, the Website, the App or any software and information contained within the Website or the App without our permission, except to the extent necessarily required in order for you to display, use and navigate the Website or the App. You agree not to decompile, reverse engineer, disassemble, rent, lease, loan, sublicense, commercially exploit or create derivative works from the Website or the App.

12.3. By submitting information, text, photos, or other content to us via the Website or the App, you grant us a right to use such materials at our own discretion including, without limitation, to edit, copy, reproduce, disclose, post and remove such materials from the Website or the App. You also grant us the right to verify any submitted information via any of our third party partners. Note that The Square is a registered and compliant member of the ICO (Information Commissioner's Office).

12.4. The texts, designs, images, audio, databases, logos, structure, trademarks and other elements of the Website and App are protected by intellectual property rights and industrial rights of us and / or third party owners who have duly authorized their inclusion in the Website or App.

12.5. All intellectual property rights related to the Services and / or the Website and / or the App remain the property of us or our group companies or third parties who have licensed the use of such rights.

12.6. You may not reproduce, copy, modify, adapt, publish, transmit, distribute or otherwise commercially exploit any material which is the subject of intellectual property rights related to the Services and / or the Website and / or the App.

12.7. Links to and from other websites

12.8 You may establish links to the Website or App from locations outside the Website or App provided: (a) where linking to the Website, you link only to the home page of the Website; (b) you do not remove or obscure, advertisements, the copyright notice or other notices on the Website or App; (c) you give us notice of such link by sending an e-mail message to us at [email protected].; (d) you do not link from a site or service that could be construed as distasteful or offensive or a site which infringes any third party intellectual property rights; and (e) you immediately stop providing links to the Website or App if notified by us to do so.

12.9. We may provide links to other websites or resources. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and do not endorse and are not responsible or liable, directly or indirectly, for the privacy practices or the content of such websites, including without limitation any advertising, products or other materials or services on or available from such websites or resources, nor for any damage, loss or offence caused or alleged to be caused by, or in connection with, the use of or reliance on any such content, goods or services available on such external websites or resources.

12.10. You may not create a database in electronic or structured manual form by systematically and/or regularly downloading, caching, printing and storing any or all of the content on the Website or App (by spidering or otherwise) and you may not frame, harvest or scrape any of the content on the Website or App or otherwise access such content for similar purposes.

12.11. The intellectual property rights in our site and the material published on it are protected by copyright laws and treaties around the world. All such rights are reserved.

User Content

13.1. My Construction Wallet users may publish, upload, and/or contribute content onto My Construction Wallet App or Website (which may include, for example, pictures, text, messages, information, worker ratings and/or other types of content) ('User Content'). For the avoidance of doubt, 'User Content' includes any such content posted on My Construction Wallet App or Website.

13.2. You promise that, with respect to any User Content you publish on My Construction Wallet or Website, 1) you have the right to post such User Content, and 2) such User Content, or its use by My Construction Wallet as contemplated by the Agreements, does not violate the Agreements, applicable law, or the intellectual property (including without limitation copyright), publicity, personality, or other rights of others or imply any affiliation with or endorsement of you or your User Content by My Construction Wallet or any entity or individual without express written consent from such individual or entity.

13.3. My Construction Wallet may, but has no obligation to, monitor, review, or edit User Content. In all cases, My Construction Wallet reserves the right to remove or disable access to any User Content for any or no reason, including but not limited to, User Content that, in My Construction Wallet sole discretion, violates the Agreements. My Construction Wallet may take these actions without prior notification to you or any third party. Removal or disabling of access to User Content shall be at our sole discretion, and we do not promise to remove or disable access to any specific User Content.

13.4. You are solely responsible for all User Content that you publish on My Construction Wallet. My Construction Wallet is not responsible for User Content nor does it endorse any opinion contained in any User Content. You agree that if anyone brings a claim against My Construction Wallet related to User Content that you have published, then, to the extent permissible under local law, you will indemnify and hold My Construction Wallet harmless from and against all damages, losses and expenses of any kind (including reasonable legal fees and costs) arising out of such claim.

13.5. We are not responsible for the accuracy or reliability of the information contained in the profiles of our database.

13.6. No protection or assurances against proximity to competitors on the Website or App is given by us.

Indemnity

14.1. You agree to be fully responsible for (and fully indemnify us against) all claims, liability, damages, losses, costs and expenses, including legal fees, suffered by us and arising out of any breach of these Terms of Use by you or any other liabilities arising out of your use of the Website or the App, or the use by any other person accessing the Website or the App using your account.

14.2. To the fullest extent permitted by applicable law, you agree to indemnify and hold My Construction Wallet harmless from and against all damages, losses, and expenses of any kind (including reasonable legal fees and costs) arising out of: 1) your breach of this Agreement; 2) any User Content; 3) any activity in which you engage on or through My Construction Wallet service; and 4) your violation of any law or the rights of a third party.

Severance and Waiver

15.1. If any part of these Terms of Use is deemed unlawful, void or for any reason unenforceable, then that part shall be deemed to be severable from these Terms of Use and shall not affect the validity and enforceability of any of the remaining parts of these Terms of Use.

15.2. No waiver by us shall be construed as a waiver of any proceeding or succeeding breach of any part of these Terms of Use.

Conflict of Terms

16.1. Other than stated in this section or as explicitly agreed upon in writing between you and My Construction Wallet, the Agreements constitute all the terms and conditions agreed upon between you and My Construction Wallet and supersede any prior agreements in relation to the subject matter of these Agreements, whether written or oral.

16.2. In the event of any conflict between the interpretation of these Terms of Use and the interpretation of the Worker Terms and/or the Employer Terms, these Terms of Use shall prevail.

Third Party Rights

17.1. These Terms of Use expressly provide that a third party may in his own right enforce a term of these Terms of Use, a person who is not a party to these Terms of Use has no right under the Contracts (Rights of Third Parties) Act 1999 to rely upon or enforce any term of the Terms of Use but this does not affect any right or remedy of a third party which exists or is available apart from under that Act.

17.2. You acknowledge and agree that the owners of the Content and certain distributors (such as app store providers) are intended beneficiaries of the Agreements and have the right to enforce the Agreements directly against you. Other than as set out in this section, the Agreements are not intended to grant rights to anyone except you and The Square, and in no event shall the Agreements create any third party beneficiary rights. Furthermore, the rights to terminate, rescind, or agree to any variation, waiver, or settlement of the Agreements are not subject to the consent of any other person.

Governing Law and Jurisdiction

18.1. These Terms of Use, the jurisdiction clause contained in them and all non-contractual obligations arising in any way whatsoever out of or in connection with these terms and conditions, are governed by, construed and take effect in accordance with the laws of England and Wales.

18.2. The parties agree that the Courts of England and Wales have ish exclusive jurisdiction to settle any claim or dispute which may arise out of or in connection with these Terms of Use.

Cookies

19.1. What are Cookies and how does the My Construction Wallet use them?

19.2. Cookies are pieces of text stored by a website, application or ad you have seen in your browser or on your device. Like most websites we use cookies to provide you with a better, faster and safer user experience. Cookies will in no way cause spam, viruses, or spyware.

19.3. Websites use cookies to obtain statistical information and better understand their users' behaviour. Cookies are stored on your computer but they are anonymous and do not track or store personal details.

19.4. We use cookies to improve user experience on our Website and App. Specifically we use cookies as: a security measure to avoid fraudulent activities and protect users; to identify the time users connect in order to understand users' preferences and thus offer them the best job openings at the time of connection; and to better evaluate web performance and identify any bugs or errors.

19.5. We work with other website that also may store cookies in our user's computers. These websites include but are not limited to Visual Website Optimizer, Facebook, Google Analytics.

19.6. By browsing on the Website and using the App you are accepting our use of cookies. In the event that you prefer to disable cookies, you can do so by changing the preferences in your internet browser.

19.7. We treat any data collected by cookies as strictly confidential and we comply with all applicable laws with respect to our treatment and use of any such data.

19.8. We do not use ', spamming ', techniques and only processes the data that you transmit through the electronic forms on the Website or App.

Policy browser

20.1. Our platforms are compatible with previous, current and most recent of the most popular browsers versions and follow the HTML5 and CSS3 W3C standards. If your browser is not supported, you can access our website but you can have some display problems.

20.2. Our platforms require you to enable session cookies (it is recommended to enable cookies permanently) and JavaScript in your browser.

Confidentiality

21.1. You agree to maintain strict confidentiality of any data or information provided by us to you, to which you have access and / or which comes to light as a result of your use of the Website, the App or our Services, including all information relating to technical expertise, know-how, methodologies, products, services, customers or our business activities and you will not allow such information to be transferred or made accessible to third parties without our express authorization (Confidential Information').

21.2. You shall not use any Confidential Information except in connection with the performance of the Services provided to you by us, or make any announcement relating to our provision of any Services to you, without our prior written approval.

21.3. This obligation of confidentiality will be extended to your staff and / or any other person involved in your receipt of the Services.

21.4. The confidentiality obligations set out in this clause shall remain in force during the term of this agreement, and subsist indefinitely.

Data Protection

22.1. You shall use the My Construction Wallet Database as provided in these Terms and in any contract You have with My Construction Wallet. You shall use the My Construction Wallet Database in accordance with all applicable privacy and data protection laws, and You agree You shall not further disclose any of the data from My Construction Wallet Database to any third party.

22.2. All documents uploaded onto My Construction Wallet are stored correctly and securely - where

Additional Worker Terms

23.1.1 Your registration and right to cancel

23.1.2. In order to register and set up your account you must create a password which, in order to prevent fraud, you must keep confidential. If you know or suspect that someone else knows your password you should notify us immediately. If we have reason to believe that there is likely to be a breach of security or misuse of the App or Website, we may require you to change your password or we may suspend your account.

23.1.3. Once you have registered, you may update your contact details, remove your details/resume details from the App or Website or unsubscribe from job alerts by accessing your profile section of the App or Website.

23.1.4. You agree to ensure that your details provided on registration, and any information submitted through your account is true and not in any respect inaccurate misleading, deceptive or likely to mislead or deceive.

23.1.5. During any periods when you are unavailable to be put forward as a Worker for any immediate jobs, you must update your status as ‘Just Looking' by clicking the appropriate Availability box on the ', My Account', screen.

23.1.6. You agree to notify us immediately of any changes which are relevant to your registration by informing us through the App or Website where possible or otherwise by emailing us at: [email protected]..

23.1.7. You can cancel your registration at any time by emailing us at: [email protected].. This shall not affect your statutory rights.

23.2. Our Rights Following Registration

23.2.1. By providing us with your personal information on registration, you agree that we and our group companies can contact you by phone or email or any other appropriate means regarding your account.

23.2.2. By submitting any content to the App or Website, you grant us and our group companies a royalty free, perpetual, irrevocable, sub-licensable, non-exclusive, right and licence to use, reproduce, modify, publish, translate, transmit, communicate, display or create any derivative works from such content. We reserve the right to make inactive or delete at any time and without prior notice any content on the App or Website. In the event that we make inactive or delete any of your content on the App or Website we shall use reasonable endeavours, but are not obliged, to contact you in advance.

23.2.3. We reserve the right to remove any content from the App or Website (including without limitation any Resume details or information relating to a job vacancy) which we deem to be inaccurate, misleading, deceptive, likely to mislead or deceive or of an unacceptable standard.

23.2.4. We may suspend or cancel your registration immediately if you breach any of your obligations under these Terms of Use or under any other terms and conditions which apply to any services provided to you, or otherwise at our reasonable discretion.

23.2.5. We reserve the right, at our sole discretion, to pursue all of our legal remedies, including but not limited to deletion of your content (including without limitation any Resume Details) from the App or Website and immediate termination of your registration with or without ability to access the App, Website and/or any service provided to you by us, upon any breach by you of the Terms of Use, Worker Engagement Terms or any other terms and conditions applicable to your use of any services provided by us or any of our group companies, if we are unable to verify or authenticate any consent you submit to the App or Website.

23.3. Available Services

23.3.1. As a Worker you will have access to the following services:

ii) free reception of offers from the App or Website;

ii) updated notifications of expiry of certifications, tickets and qualifications, recruitment and training promotions;

iii) other services that we create and consider of interest to you as advice, training, professional networking, forums, access to third party services or those offered by other companies.

Contact

24.1. If you have any questions about these Terms of Use or any other terms that apply to the Services that we offer you can write to us at[email protected].

My Construction Wallet is operating under My Go Hire Ltd. Company number: 11949630

Privacy Policy

My Construction Wallet (We', , 'us' 'MGH' or 'My Go Hire') are committed to protecting and respecting your privacy. This policy (together with our terms of use and any other documents referred to on it) sets out the basis on which any personal data we collect from or about you, or that you provide to us, will be processed by us. Please read the following carefully to understand our views and practices regarding your personal data and how we will treat it. For the purpose of the Data Protection Act 1998 (the Act), the data controller is My Construction Wallet which operates under My Go Hire.

Information We May Collect From You

We may collect and process the following data about you:

Information that you provide by filling in forms on our app or our site www.myconstructionwallet.com (our site). This includes information provided at the time of registering to use our site, subscribing to our service, posting material, uploading proof of identity (driving license, passport, national insurance number, bills), certifications, tickets, qualifications or requesting further services. We may also ask you for information when you report a problem with our site.

Information from your networks (for example your LinkedIn profile, image, biography and connections) to the extent permitted by the network's' privacy settings.

If you contact us, we may keep a record of that correspondence

We may also ask you to complete surveys that we use for research purposes, although you do not have to respond to them.

Details of transactions you carry out through our app or site and of the fulfilment of your orders.

Details of your visits to our site including, but not limited to, traffic data, location data, weblogs and other communication data, whether this is required for our own billing purposes or otherwise and the resources that you access.

Personal information we ask you to provide may be mandatory to participate in a particular activity, service or promotion. If you do not provide such personal information, your participation in that activity, service or promotion may be limited or prohibited.

We also collect information in the aggregate to provide us with a better understanding of the users of our website as a group, but which does not contain personal information. In this policy 'personal information' means any information from which you can be identified as an individual.

IP Addresses

We may collect information about your computer, including where available your IP address, operating system and browser type, for system administration and to report aggregate information to our advertisers. This is statistical data about our users' browsing actions and patterns, and does not identify any individual.

Cookies

Our website uses cookies to distinguish you from other users of our site. This helps us to provide you with a good experience when you use our site and also allows us to improve our site.

Cookies are small text files placed on your device when you visit a website. We use cookies to recognise you and your preferences, enhance the performance of our site and collect analytical information for the benefit of our subscribers and business partners.

The term cookies includes similar technologies for collecting and storing information, such as Local Shared Objects (commonly referred to as ', flash cookies') and web beacons or web bugs (including transparent or clear gifs).

Session cookies allow us to track your actions during a single browser session, for example to remember the items returned from a search. They do not remain on your device beyond your session.

Persistent cookies remain on your device between sessions and allow us to authenticate you and to remember your preferences,

Session and persistent cookies can be either first or third-party cookies - a first-party cookie is set by the website being visited. A third-party cookie is issued by a different website to that being visited.

Our site uses a mixture of first-party, session and persistent cookies to deliver our services efficiently and to enhance your experience. The only third-party cookies used by us are those provided by Google Analytics to gather anonymised information for the benefit of all web users. [We do not use behavioural targeting cookies.] [All our cookies fall within the ICC classifications Strictly Necessary, Functionality and Performance and none within the classification Behavioural Targeting.]

If at any time you wish to disable our cookies you may do so through the settings on your browser, but if you do so you may not be able to use certain features of our service.

Where We Store Your Personal Data

The data that we collect from or about you may be transferred to, and stored at, a destination outside the European Economic Area (EEA'). It may also be processed by staff operating outside the EEA who work for us or for one of our suppliers. Such staff maybe engaged in, among other things, the fulfilment of your order, the processing of your payment details and the provision of support services. By submitting your personal data, you agree to this transfer, storing or processing. We will take all steps reasonably necessary to ensure that your data is treated securely and in accordance with this privacy policy.

All information you provide to us is stored on our secure servers. Any payment transactions and personal details will be encrypted using SSL technology. No payment details submitted on My Construction Wallet or website will not be stored or kept by My Construction Wallet. Where we have given you (or where you have chosen) a password which enables you to access certain parts of our site, you are responsible for keeping this password confidential. We ask you not to share a password with anyone.

Unfortunately, the transmission of information via the internet is not completely secure. Although we will do our best to protect your personal data, we cannot guarantee the security of your data transmitted to our site; any transmission is at your own risk. Once we have received your information, we will use strict procedures and security features to try to prevent unauthorised access.

Uses Made Of The Information

We use information held about you in the following ways: To ensure that content from our site is presented in the most effective manner for you and for your computer.

To provide you with information, products or services that you request from us or which we feel may interest you, where you have consented to be contacted for such purposes.

To carry out our obligations arising from any contracts entered into between you and us.

To allow you to participate in interactive features of our service, when you choose to do so.

To notify you about changes to our service.

[We do not disclose information about identifiable individuals to our advertisers, but we may provide them with aggregate information about our users. We may also use such aggregate information to help advertisers reach the kind of audience they want to target. We may make use of the personal data we have collected from you to enable us to comply with our advertisers' wishes by displaying their advertisement to that target audience.]

Disclosure Of Your Information

We may disclose your personal information to any member of our group, which means our subsidiaries, our ultimate holding company and its subsidiaries, as defined in section 1159 of the UK Companies Act 2006.

We may disclose your personal information to third parties:

who perform services on our behalf (for example, hosting services).

with whom we provide co-branded services. When you register for or use these services, both we and the other party may receive your personal information collected in connection with the co-branded services.

if and when consented to by you from time to time, including fulfilling any other purposes that are identified when the Personal Information is collected.

if we are under a duty to disclose or share your personal data in order to comply with any legal obligation, or in order to enforce or apply our terms of website use, terms of business and other agreements; or to protect the rights, property, or safety of My Construction Wallet operating under My Go Hire Limited, our customers, or others. This includes exchanging information with other companies and organisations for the purposes of fraud protection and credit risk reduction.

in the event that we sell or buy any business or assets, in which case we may disclose your personal data to the prospective seller or buyer of such business or assets.

if My Construction Wallet or substantially all of its assets are acquired by a third party, in which case personal data held by it about its customers will be one of the transferred assets.

Your Rights

Under the General Data Protection Regulation you have a number of important rights free of charge. In summary, those include rights to:

access to your personal information and to certain other supplementary information that this Privacy Notice is already designed to address

Require us to correct any mistakes in your information which we hold

Require the erasure of personal information concerning you in certain situations

Receive the personal information concerning you which you have provided to us, in a structured, commonly used and machine-readable format and have the right to transmit those data to a third party in certain situations

Object at any time to processing of personal information concerning you for direct marketing

Object to decisions being taken by automated means which produce legal effects concerning you or similarly significantly affect you

Object in certain other situations to our continued processing of your personal information

Otherwise restrict our processing of your personal information in certain circumstances

For further information on each of those rights, including the circumstances in which they apply, see the Guidance from the UK Information Commissioner's Office (ICO) on individuals rights under the General Data Protection Regulation.

If you would like to exercise any of those rights, please:

email, call or write to us at [email protected].,

let us have enough information to identify you (your email address),

let us have proof of your identity and address (a copy of your driving licence or passport and a recent utility or credit card bill), and

let us know the information to which your request relates.

If you would like to unsubscribe from any email newsletter you can also click on the ‘unsubscribe' button at the bottom of the newsletter.

Keeping your personal information secure

We have appropriate security measures in place to prevent personal information from being accidentally lost, used or accessed in an unauthorised way. We limit access to your personal information to those who have a genuine business need to know it. Those processing your information will do so only in an authorised manner and are subject to a duty of confidentiality.

We also have procedures in place to deal with any suspected data security breach. We will notify you and any applicable regulator of a suspected data security breach where we are legally required to do so.

If you want detailed information from Get Safe Online on how to protect your information and your computers and devices against fraud, identity theft, viruses and many other online problems, please visit www.getsafeonline.org. Get Safe Online is supported by HM Government and leading businesses.

Third-party links

This website may include links to third-party websites, plug-ins and applications. Clicking on those links or enabling those connections may allow third parties to collect or share data about you. We do not control these third-party websites and are not responsible for their privacy statements. When you leave our website, we encourage you to read the privacy notice of every website you visit

Changes To Our Privacy Policy

Any changes we may make to our privacy policy in the future will be posted on this page, on our website and, where appropriate, notified to you by e-mail.

How to complain

We hope that we can resolve any query or concern you raise about our use of your information.

The General Data Protection Regulation also gives you right to lodge a complaint with a supervisory authority, in particular in the European Union (or European Economic Area) state where you work, normally live or where any alleged infringement of data protection laws occurred. The supervisory authority in the UK is the Information Commissioner who may be contacted at https://ico.org.uk/concerns/ or telephone: 0303 123 1113.

Changes to this privacy notice

This privacy notice was last updated on Friday 18th May 2019. We may change this privacy notice from time to time, when we do we will inform you via your account on the My Go Hire website or by email.

How to contact us

Please contact us if you have any questions about this privacy notice or the information, we hold about you. If you wish to contact us please send an email to [email protected].

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