Terms and Conditions

These terms and conditions (Terms) (together with our Privacy Policy and our Cookies Policy, and any other documents referred to in these documents) set out the terms on which the Hiive website, and any related mobile applications and any of our other online or mobile products (collectively, Hiive) are made available to you (you / your). Please read these documents carefully. Defined words used in the Privacy Policy and Cookies Policy shall have the same meaning when used in these Terms.

By registering with us or using Hiive you are entering into a legally binding agreement with us on these Terms.

Please note the following key issues which relate to your use of Hiive:

  • You are responsible for any material that you upload to Hiive and for any of your other activities on Hiive. See paragraph 9 for more information.
  • There are limits to our legal obligations and liabilities to you. See paragraph 11 for more information.
  • Once we have started providing services that you have ordered from us, you cannot cancel those services (although you can cancel services that we have not yet started providing). See paragraph 5 for more information.

1 INFORMATION ABOUT US

1.1 Hiive is operated by Creative Skillset Sector Skills Council Limited, a company registered in England and Wales under registration number 02576828 (we / us / our). Our registered address (and main office) is Suite 5B, 1-3 Grosvenor Place, London, SW1X 7HJ.

1.2 If you have any questions, complaints or comments on Hiive, please contact us at hiive@creativeskillset.org.

1.3 Our VAT number is 158119110.

1.4 Hiive, and the Hiive and 'hi' logos, are registered trademarks of Creative Skillset Sector Skills Council Limited.

2 INFORMATION ABOUT HIIVE

2.1 Hiive is an online platform for those that work, employ, educate or are otherwise involved, in the creative industries in the UK. It is a source of information about the creative industries and a platform via which individuals and organisations in the creative industries can communicate with each other and exchange information, guidance and opportunities. In these Terms, we refer to any individuals and organisations that use Hiive as Users.

2.2 Much of the information and guidance on Hiive originates from other Users. Before relying on any information or guidance that you find on Hiive, we recommend you check its accuracy.

2.3 Hiive is maintained, controlled and operated by us (or on our behalf) from (or via) our facilities in the United Kingdom. We cannot promise that Hiive is appropriate or available for use in any other country.

2.4 If you register with us, you will be setting up an account with us (Account) and will be able to create your own profile on Hiive (Profile).

2.5 Access to Hiive is permitted on a temporary basis and we reserve the right to withdraw or modify any part of Hiive with or without notice. At our discretion, we may notify you at your email address as supplied to us.

2.6 We do not guarantee that Hiive will be available at any particular time or for any period of time. From time to time, we may restrict access to all or part of Hiive to Users who have registered with us.

2.7 When using Hiive, you must at all times comply with these Terms. You are responsible for making all arrangements necessary for you to have access to Hiive and for all connection and other charges incurred in using Hiive. You are also responsible for ensuring that all persons who access Hiive through your internet connection are aware of these Terms, and that they comply with them.

3 REGISTRATION, PASSWORDS AND SECURITY

3.1 Upon registration, you will need to select a password and user name that you can use to access your Account. You are responsible for maintaining the confidentiality of your password and user name and are responsible for all activities that are carried out under your Account.

3.2 We do not have the means to check the identities of people using Hiive and will not be liable where your password or user name is used by someone else.

3.3 You agree:

(a) not to share your Account details with any third party; and

(b) to notify us immediately by email at hiive@creativeskillset.org if you are aware of any unauthorised use of your password or user name or any other breach of Account security.

3.4 If you provide any registration information that is (or that we reasonably suspect may be) untrue, inaccurate, out of date or incomplete, we have the right to suspend or terminate: (i) your Account; (ii) any contract with you for the provision of our services; and/or (iii) your access to any or all areas and functions of Hiive.

4 CREDITS

4.1 We will from time to time offer virtual credits for sale on Hiive. Once purchased, credits will activate immediately and may be redeemed by you in order to acquire additional features, services, functionality or benefits within or through Hiive (Items). Once you use credits to purchase an Item, the relevant amount of credits will be automatically deducted from your Account.

4.2 We are entitled to change the purchase price for credits at any time. Credits are not redeemable for any sum of money or monetary value from us. All credits purchased by you are non-refundable, subject to your cancellation rights detailed at paragraph 5 below.

4.3 Credits are valid for a period of at least 12 months from the date of purchase but, if unused, they will automatically expire and be deleted from your Account on the next 31 March following the expiry of that initial 12 month period.

4.4 If your Account is terminated for any reason, any remaining unused credits will be deleted.

5 CANCELLING ORDERS

5.1 When you place an order for Credits, or when you order Items from us using those credits, in each case you are entering into a contract with us. You have the right to cancel that contract within 14 days from the day the contract was made (i.e. from the day that you purchased the credits or the day that you used credits to purchase Items from us). However, we begin providing our services as soon as you place your order and, by placing an order, you are requesting that we do so. Your right to cancel will only apply to services that have not yet been provided at the date you cancel. See paragraph 5.3 below for more details.

5.2 To exercise the right to cancel, you must inform us (Hiive, Creative Skillset, Suite 5B, 1-3 Grosvenor Place, London, SW1X 7HJ, Hiive@creativeskillset.org) of your decision to cancel this contract by a clear statement (e.g. a letter sent by post or email). You may use the attached model cancellation form set out in the Appendix to these Terms, but it is not obligatory. To meet the cancellation deadline, it is sufficient for you to send your communication concerning your exercise of the right to cancel before the cancellation period has expired.

5.3 If you requested to begin the performance of services during the cancellation period, you shall pay us an amount which is in proportion to what has been performed until you have communicated to us your cancellation from this contract, in comparison with the full coverage of the contract. In other words, if you cancel the contract, we will reimburse to you all payments received from you in respect of services or Items not yet provided as at the date you cancel but we will be entitled to retain payments (or parts of payments) relating to services or Items already provided prior to you cancelling.

5.4 We will make the reimbursement using the same means of payment as you used for the initial transaction, unless you have expressly agreed otherwise; in any event, you will not incur any fees as a result of the reimbursement. By agreeing to these Terms, you are expressly agreeing that we may make the reimbursement by any means, not just the same means of payment as you used for the initial transaction.

5.5 Some Items may incur a commission fee, which shall be payable to us. For example, Hiive may from time to time offer an online event ticketing service whereby you can create an event and sell tickets to that event via Hiive. We shall be entitled to charge a commission on those ticket sales. The full details of such commission shall be set out on Hiive when you place your order and will also be confirmed by email.

6 INTELLECTUAL PROPERTY RIGHTS

6.1 In these Terms,

(a) Content means any and all creative material (including text, software, code, applications, video and/or audio recordings, music, graphics, designs, photographs, artwork, trade marks, data, statistics, information, blogs, communications, ideas, adverts, links, compilations and other material, as well as the selection and arrangement of any of the same);

(b) Intellectual Property Rights includes, amongst other things, any copyright, trade marks and other proprietary rights in relation to code, software, logos, designs, images, photographs, animations, videos, text and other material or Content; and

(c) User Content means any Content or other material (including links to other websites) imported, uploaded or otherwise submitted to Hiive by you or any other User, including Imported Content;

(d) Imported Content means Content that is hosted on a third party website (or other online platform) that you (or any other User) integrate into your (or their) Hiive profile (or otherwise onto Hiive). This includes Content imported from social networking websites (like Facebook and Twitter), video/photo hosting websites (like YouTube, Vimeo and Flickr), music hosting websites (like Soundcloud) and Content imported from any other third party website.

6.2 Your use of Hiive and its contents grants no rights (and in particular no Intellectual Property Rights) to you in relation to Hiive or the Content displayed on it, including any User Content submitted to Hiive by other Users and all such rights are reserved by us and/or the applicable third parties.

6.3 You may not copy, reproduce, republish, download, post, broadcast, record, transmit, commercially exploit, edit, communicate to the public or distribute in any way any of the Content, services, web pages or materials on Hiive (including the computer code of any elements comprising Hiive) other than for your own personal use. Subject to the last sentence and paragraph 6.2, you may download insubstantial excerpts to your device for the purpose of viewing it provided that no more than one copy of any information is made.

6.4 Any use of items or Content that are the subject of our (or any third party’s) Intellectual Property Rights other than that permitted under paragraph 6.3 may only be undertaken with express, prior, written authorisation.

6.5 When you use some functions of Hiive (for example, when you create your Profile), you may submit to us various User Content. By submitting User Content, you:

(a) grant us a non-exclusive, worldwide, payment-free, licence, on an ongoing basis without limit in time (with rights to sublicense to others, and to permit each of those others to do the same, on identical terms and in multiple tiers), to use, adapt, perform, display, reproduce, communicate to the public and distribute the User Content through any media now or in future known, which includes the right to display the User Content on and in connection with Hiive, the right to display the User Content on any other website or other domain accessible via any internet-enabled device and the right to display the User Content in marketing material in relation to Hiive. We require this licence solely for the purpose of providing, operating, improving and promoting Hiive. We will not use your User Content for any other purpose without your permission. Also, where you have indicated (via your Account settings) that your User Content should not be used for the purpose of promoting Hiive, we will not use it for that purpose;

(b) acknowledge that User Content relating to you may be publicly visible on Hiive and may appear in search engine results. You are able to adjust certain privacy settings for your Account as described in the Privacy Policy but, in any case, we are not responsible for search engine results provided by third parties.

(c) grant to us (and our assignees and licensees) all consents which are or may be required for the use of the User Content in the ways referred to at paragraph 6.5(a) above, throughout the universe, on an ongoing basis without limit in time, by any and all means and in any and all media now or in future known;

(d) agree not to assert against us (and our assignees and licensees) any moral rights or any similar rights in any country in respect of your User Content. Moral rights are certain rights that the owner of a copyright work has in relation to how that work is used;

(e) promise to us that you own the User Content and have the right to grant the licence set out above and that the User Content does not infringe the rights of any third party; and

(f) promise that any User Content submitted by you does not cause you to breach these Terms including any of your promises as set out in these Terms, in particular the promises made by you at paragraphs 6.5, 8.1 and 9.1.

7 LINKS TO AND FROM OTHER WEBSITES

7.1 Hiive may include links to third party websites as well as advertising and other content hosted by third parties. These links are provided for your ease of reference and convenience only. We do not control such third party websites and are not responsible for their contents. Our inclusion of links does not imply any endorsement of the material contained in such websites or any association with their operators.

7.2 You acknowledge that we will not be party to any transaction or contract with a third party that you may enter into via a link from Hiive and we shall not be liable to you in respect of any loss or damage which you may suffer by using third party websites or entering into any such third party transactions or contracts. You agree that you will not involve us in any dispute between you and any such third party.

7.3 We are not responsible or liable for any products, advertisements, content or services provided by or for third parties via or in connection with Hiive (or any technical or other issues that may arise from such provision). We have no control over third-party products, content or services and make no assurances of any kind about them.

8 YOUR USE OF HIIVE

8.1 In using Hiive, you agree and promise that you will not:

(a) use Hiive in any way that may lead to the encouragement, procurement or carrying out of any criminal activity;

(b) access Hiive for any purpose other than for your genuine use of Hiive in accordance with these Terms, as a person (or organisation) that works, employs, educates or is otherwise involved, in the creative industries in the UK;

(c) use Hiive in any way that may cause you or us to breach any applicable laws;

(d) email, transmit or otherwise disseminate any material which is defamatory, obscene, vulgar or indecent or may have the effect of being harassing, threatening, abusive or hateful or that otherwise discriminates against, degrades or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability, or which breaches the rights of others (including copyright and other Intellectual Property Rights);

(e) distribute unsolicited communications including 'spam' email;

(f) transfer files that contain viruses or other harmful programs or use the Site in any way that may damage or disrupt another's computer; or

(g) access or attempt to access the Accounts of other Users or penetrate or attempt to penetrate Hiive's security measures.

8.2 Any and all material that you contribute to Hiive must be accurate (where stating facts) or genuinely held (where stating opinions), and must in any event comply with the other requirements of this paragraph 6 and with any applicable law. We reserve the right to remove any offending User Content from Hiive.

8.3 We reserve the right to suspend, restrict or terminate your access to Hiive, and/or take such other action as we may believe is reasonably required, at any time without notice at our discretion, if we have reasonable grounds to believe you have breached any of the restrictions above or any other provision of these Terms.

8.4 When we receive User Content from you, we may check whether it complies with these Terms. We may reject your User Content for any of the following reasons:

(a) if it causes you to breach these Terms including any of your promises as set out in these Terms; or

(b) for any other reason in our reasonable discretion.

8.5 Although we reserve the right to moderate the use of Hiive, we are under no obligation to oversee, monitor or moderate any User Content. You accept that we may (but need not) review the User Content displayed on (or uploaded to) Hiive and delete or remove any User Content at our discretion, including User Content that, in our judgement, might be offensive or illegal, or might violate the rights (or harm or threaten the safety) of Users or others.

9 YOUR PROMISES TO US

9.1 You confirm that:

(a) all information and details provided by you to us (including on registration of an Account) are true, accurate and up to date in all respects and at all times (you can update or correct your personal details at any time by accessing your Account on Hiive and following the procedure stated there); and

(b) you will comply with the restrictions on your use of Hiive as set out in paragraph 6 and as set out elsewhere in these Terms.

9.2 You accept responsibility, and will compensate us, for any loss or damage (including any claim by a third party and any legal fees in relation to such claim) that is caused by any failure by you to comply with these Terms (in particular any failure by you to fulfil your promises as set out in paragraphs 6.5, 8.1 and 9.1) or that otherwise arises in relation to your use of Hiive or your violation of any law or of the rights (including Intellectual Property Rights) of any third party.

10 CHILDREN

Hiive is not directed at anyone under the age of 18. We ask parents and guardians of children to pay special attention to the online activities of their children and to supervise their children’s use of Hiive. In particular, parents and guardians should make children under their care aware of the rules on User conduct and acceptable use under these Terms. No information or Content should be submitted or posted to or on Hiive by anyone under the age of 18.

11 OUR LEGAL OBLIGATIONS AND LIMITS ON LIABILITY

11.1 Nothing in these Terms shall exclude or limit our liability for fraudulent misrepresentation or for death or personal injury resulting from our negligence or the negligence of our employees or agents. Also, nothing in these terms affects your rights as a consumer under law. If you would like information on such rights, you should contact your local trading standards service or citizen’s advice bureau. This paragraph takes priority over paragraphs 11.2 to 11.3 below.

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

11.3 Whilst we use all reasonable endeavours to correct any errors or omissions as soon as practicable once they have been brought to our attention, we do not promise that the information on Hiive itself will be free from errors or omissions.

11.4 We do not promise that Hiive will be available uninterrupted and in a fully operating condition.

11.5 Access to Hiive may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons beyond our reasonable control.

11.6 We do not make any promises in respect of Hiive or its content, including, without limitation, any advice given and statements made by us, Users or advertisers (if any).

11.7 Any decisions or action taken by you on the basis of information provided on or via Hiive are at your sole discretion and risk.

11.8 We are under no obligation to keep secure or to store any User Content for any period of time and shall have no liability to you for any damage, loss, liability, cost or expense incurred by you as a result of the loss or deletion of any User Content. You are solely responsible for creating any back-up copies of any User Content.

11.9 We accept no liability for any failure to remove (or delay in removing) any Content. You may, however, make complaints by using the email address given at paragraph 1.2 of these Terms.

11.10 If we breach these Terms we will only be liable for losses which are a reasonably foreseeable result of our breach. This means losses which could be contemplated by you and us at the time of entering into an agreement on these Terms.

11.11 You agree and acknowledge that we shall not be responsible or liable for:

(a) indirect losses which are a side effect of the main loss or damage and which are not reasonably foreseeable by you and us at the time of entering into the agreement on these Terms, including loss of profits and loss of opportunity; or

(b) failure to provide Hiive or to meet any of our obligations under these Terms where such failure is due to any cause or event beyond our reasonable control.

11.12 We are responsible for the provision of Hiive but all communications and interactions between Users are matters between them and we are not responsible for the actions of Users or other third parties. For these reasons, you agree and acknowledge that your interactions with other Users are at your own risk and that:

(a) we have no responsibility or liability in relation to any transactions that you may enter into with other Users as a result of your and their activities on Hiive (for example, any mentoring, education or employment arrangement);

(b) we do not make any promise to you in relation to the suitability (or any other attributes) of other Users or their activities, products and services;

(c) we do not verify the identity of any Users of Hiive, or the accuracy of any User Content they submit to Hiive and, even though all Users are prohibited from doing so, some Users may behave on Hiive in a misleading or inappropriate manner.

11.13 Our liability to you arising out of or in connection with any agreement between you and us on these Terms shall be limited to £250 or, if greater, the value of the applicable order made by you.

12 SECURITY AND PRIVACY

12.1 You must read our Privacy Policy. This contains important information about our use of your personal information and other information regarding your privacy and our security processes and policies.

12.2 We will co-operate with any law enforcement authorities or court order requesting or directing us to disclose the identity of, or locate, anyone breaching paragraph 8.1 or otherwise for the prevention or detection of crime or the apprehension or prosecution of offenders. There may be other circumstances in which we may be required by law to disclose information about you or your use of Hiive and you agree that, in such circumstances, we are entitled to disclose such information.

12.3 We are registered as a data controller for the purposes of the Data Protection Act 1998. Our registration number on the register of data controllers maintained by the Information Commissioner is Z8941934.

12.4 If you have, or have previously had an application or profile on Trainee Finder, you will agree to the following terms of storage of said data upon agreeing to the terms and conditions of Hiive:

Individuals:

  • a) Upon submitting your information to Trainee Finder on Hiive, you agree that we can share your personal information with our Government funding bodies. Failure to agree to this means Creative Skillset will not be able to put you forward for a placement within your desired sector and your application will be rejected as the personal data requested is a minimum requirement of at least one of Creative Skillset’s funding bodies
  • b) If approved, your data will be stored securely in the Trainee Finder database on Hiive and will be shared with companies so that they may view and recruit individuals for placements, for as long as they remain active on the scheme as per the Trainee Finder terms and conditions on each sector application, or upon request to be removed from the scheme.
  • c) Once your application becomes inactive; either due to reaching the time limit (as per the Trainee Finder terms and conditions on each sector application) your data will be archived securely for five years and only be viewable by Creative Skillset and its’ funding partners in order to show the long term impact of Creative Skillset’s support of your career. If you would like your data removed from the database, you can do so by emailing a request to hello@traineefinder.co.uk and your personal data will be removed.
  • d) If your application is not approved, your data will be stored securely for one year on the Trainee Finder on Hiive database and will only be viewable by Creative Skillset and yourself, whereupon you can re-apply for approval on to the scheme should you wish
  • e) Upon signing up to Trainee Finder on Hiive, a profile on Hiive’s social platform will be created for you. If you already have one, please use the same email address and the system will link your information automatically.
  • f) Upon submitting information to Trainee Finder on Hiive, or transferring your profile/application from the previous system on http://traineefinder.creativeskillset.org you are requesting that the Trainee Finder team will process your application to check your eligibility to become a Trainee Finder trainee. Your information will be processed lawfully and in compliance with equal opportunities (and other relevant) legislation and either approved or deemed ineligible by the Trainee Finder team, as per the eligibility criteria
  • g) It is on the onus of the individual to update their profile and keep their information relevant and up-to-date, Creative Skillset cannot be held responsible for incorrect or out of date data.
  • h) The overall terms and conditions of Hiive are adhered to, as well as agreeing to the terms and conditions of the Trainee Finder Training Agreement if you are offered a placement

Companies/Productions:

  • a) Upon submitting your information to Trainee Finder on Hiive, you agree that we can share your company information with our Government funding bodies. Failure to agree to this means Creative Skillset will not be able to provide any financial support for your company to take on a trainee, or allow you to recruit them from the Trainee Finder on Hiive database
  • b) If approved on to the database, your company data will be stored securely and only made viewable to Creative Skillset, until such a time that the company informs Creative Skillset that they cease to wish being involved with Trainee Finder and wish to be removed from the scheme.
  • c) Once your application becomes inactive; either due to reaching the time limit (as per the Trainee Finder terms and conditions on each sector application) your data will be archived securely for five years and only be viewable by Creative Skillset and its’ funding partners in order to show the long term impact of Creative Skillset’s support of your career. If you would like your data removed from the database, you can do so by emailing a request to hello@traineefinder.co.uk and your personal data will be removed.
  • d) If your application is not approved, your data will be stored securely for one year on the Trainee Finder on Hiive database and will only be viewable by Creative Skillset and yourself, whereupon you can re-apply for approval on to the scheme should you wish
  • e) Upon submitting information to Trainee Finder on Hiive, or transferring your profile/application from the previous system on http://traineefinder.creativeskillset.org you are requesting that the Trainee Finder team will process your application in order to check your eligibility to take on trainees. Your information will be processed lawfully and in compliance with relevant legislation and either approved or deemed ineligible by the Trainee Finder team, as per the eligibility criteria
  • f) It is on the onus of the company to update their profile and keep their information relevant and up-to-date, Creative Skillset cannot be held responsible for incorrect or out of date data.
  • g) The overall terms and conditions of Hiive are adhered to, as well as agreeing to the terms and conditions of the Trainee Finder Training Agreement if you are offered funding for a placement/multiple placements within your company or production

13 OTHER MATTERS

13.1 In these Terms, any phrase that includes the words “other”, “including”, “for example”, “such as” or “in particular” (or any similar expressions) shall be deemed to include the phrase “without limitation”.

13.2 We are constantly looking for new ways to improve Hiive. We therefore reserve the right to amend these Terms at any time. We will always display an up to date copy of these Terms on Hiive and we may contact you to let you know about any changes we have made. All such changes will take effect once they have been posted on Hiive. Each time you use Hiive, you are signifying that you agree to the then-current version of these Terms.

13.3 If we change these Terms and that change is to your detriment, you may terminate your Account (or any related agreement with us to provide services to you) by accessing your Account on Hiive and following the procedure stated there.

13.4 Where we reserve a right in these Terms, it does not mean we will be obliged to exercise it.

13.5 If any provision of these Terms is found by a court or a regulator to be invalid or unenforceable the other provisions shall continue to apply.

14 GOVERNING LAW AND JURISDICTION

In the event of any dispute between you and us concerning these Terms, the relevant United Kingdom law will apply. If you wish to take court proceedings against us you must do so within the relevant United Kingdom courts.

These Terms were last updated on 31 October 2014.

Copyright © 2014 Creative Skillset Sector Skills Council Limited. All rights reserved.

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APPENDIX – CANCELLATION FORM

To Hiive, Creative Skillset, Suite 5B, 1-3 Grosvenor Place, London, SW1X 7HJ or hiive@creativeskillset.org:

I/We* hereby give notice that I/We* cancel my/our* contract of sale for the supply of the following service,

Ordered on …………………………………………

Name(s) of consumer(s) …………………………………………

Address(es) of consumer(s) …………………………………………

Signature of consumer(s) (only if this form is notified on paper) …………………………………………

Date …………………………………………

(* delete as appropriate)