Terms of use

TERMS OF BUSINESS

Version 1.0

The CVMinds website located at https://cvminds.com/ is a copyrighted work belonging to https://cvminds.com. Certain features of the Site may be subject to additional guidelines, terms, or rules, which will be posted on the Site in connection with such features.

All such additional terms, guidelines, and rules are incorporated by reference into these Terms.

These Terms of Use described the legally binding terms and conditions that oversee your use of the Site. BY LOGGING INTO THE SITE, YOU ARE BEING COMPLIANT THAT THESE TERMS and you represent that you have the authority and capacity to enter into these Terms. YOU SHOULD BE AT LEAST 18 YEARS OF AGE TO ACCESS THE SITE. IF YOU DISAGREE WITH ALL OF THE PROVISION OF THESE TERMS, DO NOT LOG INTO AND/OR USE THE SITE.

These terms require the use of arbitration Section 10.2 on an individual basis to resolve disputes and also limit the remedies available to you in the event of a dispute. These Terms of Use were created with the help of the Terms Of Use Generator.

Access to the Site

Subject to these Terms. Company grants you a non-transferable, non-exclusive, revocable, limited license to access the Site solely for your own personal, noncommercial use.

Certain Restrictions. The rights approved to you in these Terms are subject to the following restrictions: (a) you shall not sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Site; (b) you shall not change, make derivative works of, disassemble, reverse compile or reverse engineer any part of the Site; (c) you shall not access the Site in order to build a similar or competitive website; and (d) except as expressly stated herein, no part of the Site may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means unless otherwise indicated, any future release, update, or other addition to functionality of the Site shall be subject to these Terms.  All copyright and other proprietary notices on the Site must be retained on all copies thereof.

Company reserves the right to change, suspend, or cease the Site with or without notice to you.  You approved that Company will not be held liable to you or any third-party for any change, interruption, or termination of the Site or any part.

No Support or Maintenance. You agree that Company will have no obligation to provide you with any support in connection with the Site.

Excluding any User Content that you may provide, you are aware that all the intellectual property rights, including copyrights, patents, trademarks, and trade secrets, in the Site and its content are owned by Company or Company’s suppliers. Note that these Terms and access to the Site do not give you any rights, title or interest in or to any intellectual property rights, except for the limited access rights expressed in Section 2.1. Company and its suppliers reserve all rights not granted in these Terms.

Third-Party Links & Ads; Other Users

Third-Party Links & Ads. The Site may contain links to third-party websites and services, and/or display advertisements for third-parties.  Such Third-Party Links & Ads are not under the control of Company, and Company is not responsible for any Third-Party Links & Ads.  Company provides access to these Third-Party Links & Ads only as a convenience to you, and does not review, approve, monitor, endorse, warrant, or make any representations with respect to Third-Party Links & Ads.  You use all Third-Party Links & Ads at your own risk, and should apply a suitable level of caution and discretion in doing so. When you click on any of the Third-Party Links & Ads, the applicable third party’s terms and policies apply, including the third party’s privacy and data gathering practices.

Other Users. Each Site user is solely responsible for any and all of its own User Content.  Because we do not control User Content, you acknowledge and agree that we are not responsible for any User Content, whether provided by you or by others.  You agree that Company will not be responsible for any loss or damage incurred as the result of any such interactions.  If there is a dispute between you and any Site user, we are under no obligation to become involved.

You hereby release and forever discharge the Company and our officers, employees, agents, successors, and assigns from, and hereby waive and relinquish, each and every past, present and future dispute, claim, controversy, demand, right, obligation, liability, action and cause of action of every kind and nature, that has arisen or arises directly or indirectly out of, or that relates directly or indirectly to, the Site. If you are a California resident, you hereby waive California civil code section 1542 in connection with the foregoing, which states: "a general release does not extend to claims which the creditor does not know or suspect to exist in his or her favor at the time of executing the release, which if known by him or her must have materially affected his or her settlement with the debtor."

Cookies and Web Beacons. Like any other website, CVMinds uses ‘cookies’. These cookies are used to store information including visitors’ preferences, and the pages on the website that the visitor accessed or visited. The information is used to optimize the users’ experience by customizing our web page content based on visitors’ browser type and/or other information.

Our Advertising Partners. Some of advertisers on our site may use cookies and web beacons. Our advertising partners are listed below. Each of our advertising partners has their own Privacy Policy for their policies on user data. For easier access, we hyperlinked to their Privacy Policies below.

Disclaimers

The site is provided on an "as-is" and "as available" basis, and company and our suppliers expressly disclaim any and all warranties and conditions of any kind, whether express, implied, or statutory, including all warranties or conditions of merchantability, fitness for a particular purpose, title, quiet enjoyment, accuracy, or non-infringement.  We and our suppliers make not guarantee that the site will meet your requirements, will be available on an uninterrupted, timely, secure, or error-free basis, or will be accurate, reliable, free of viruses or other harmful code, complete, legal, or safe.  If applicable law requires any warranties with respect to the site, all such warranties are limited in duration to ninety (90) days from the date of first use.

Some jurisdictions do not allow the exclusion of implied warranties, so the above exclusion may not apply to you.  Some jurisdictions do not allow limitations on how long an implied warranty lasts, so the above limitation may not apply to you.

Limitation on Liability

To the maximum extent permitted by law, in no event shall company or our suppliers be liable to you or any third-party for any lost profits, lost data, costs of procurement of substitute products, or any indirect, consequential, exemplary, incidental, special or punitive damages arising from or relating to these terms or your use of, or incapability to use the site even if company has been advised of the possibility of such damages.  Access to and use of the site is at your own discretion and risk, and you will be solely responsible for any damage to your device or computer system, or loss of data resulting therefrom.

To the maximum extent permitted by law, notwithstanding anything to the contrary contained herein, our liability to you for any damages arising from or related to this agreement, will at all times be limited to a maximum of fifty U.S. dollars (u.s. $50). The existence of more than one claim will not enlarge this limit.  You agree that our suppliers will have no liability of any kind arising from or relating to this agreement.

Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so the above limitation or exclusion may not apply to you.

Term and Termination. Subject to this Section, these Terms will remain in full force and effect while you use the Site.  We may suspend or terminate your rights to use the Site at any time for any reason at our sole discretion, including for any use of the Site in violation of these Terms.  Upon termination of your rights under these Terms, your Account and right to access and use the Site will terminate immediately.  You understand that any termination of your Account may involve deletion of your User Content associated with your Account from our live databases.  Company will not have any liability whatsoever to you for any termination of your rights under these Terms.  Even after your rights under these Terms are terminated, the following provisions of these Terms will remain in effect: Sections 2 through 2.5, Section 3 and Sections 4 through 10.

TERMS OF BUSINESS FOR THE PROVISION OF PERMANENT STAFF INTRODUCED BY THE COMPANY ACTING AS A RECRUITMENT AGENCY

1. a:The Client will provide a full job description and full instructions as to its requirements for each candidate.

b: The Company will endeavour to introduce suitable candidates based on this information. Whilst care is taken, the Company does not in any way warrant the suitability of fitness of any candidates for employment by the Client, nor the accuracy of any information supplied by the candidate. It is the Client’s responsibility to ensure the take-up of references, arrangement of medical examinations, obtaining work permits and to ensure that the candidate is suitable for the position under consideration.

c: The Agency endeavours to ensure the suitability of any applicant introduced to the Client by obtaining confirmation of the Applicant’s Identity, that the Applicant has the experience, training, qualifications and any authorisation which the Client considers necessary or which may be required by law or by any professional body; and that the Applicant is willing to work in the position which the client seeks to fill.

2. If the Client engages, in any capacity, a candidate introduced by the Company, the Client shall be liable to pay an introduction or presentation fee (incl. VAT) to the Company at the time of appointment. The Company will invoice the Client for the fee on the day the candidate commences employment and payment is due within 30 days of the invoice date.

3. FEES:

The agency charges fixed fees for permanent placements. The fee currently stands at 10% of the worker’s annual remuneration, per worker placed for the first 10 successful placement. Any subsequent placements will be charged at a negotiable rate with the client based on history of payment, relationship with client, his position on the market and the need to recruit more workers in the long term. The same payment terms and conditions will apply. The fee will be invoiced to the client and should be paid within thirty days from the date the worker has commenced his/her employment.

The fee amount can be changed /negotiated only by the company director and any document reflecting any fee alteration must be signed for by the director.

The Client undertakes to notify the Company immediately of its intentions to engage whether directly or indirectly any candidate introduced or presented by the Company.

If the Client fails to notify the Company, the Company shall be entitled to charge the Client in addition to the above fees an additional fee calculated at the rate of 3% of the introduction fee referred to above. In such a case, should the candidate leave, the Client will not be entitled to a rebate.

4. The above charges apply to both contracts of employment and contract of services and it is up to the Client to engage the worker in either. The company has the right to charge interest on overdue accounts from the due date to the payment date at the rate of 4% above the Company’s bank’s base rate, or if applicable, such rate as is prescribed from time to time by the Late payment of Commercial Debts (interest) Act 1998.

This interest will accrue on a daily basis. If, the candidate should leave the Client’s employment within the first 8 weeks of commencement of employment, the Company may, after taking into consideration the reason for the candidate leaving, allow a rebate for the introduction fee.

The Client must inform the Company, in writing, within 7 days of the employment terminating and the fee must have been already paid in full. Otherwise no rebate will be given. The rebate is calculated on a sliding scale:

- Within 2 weeks 90% rebate
- Within 6 weeks 50% rebate
- Up to 8 weeks 10% rebate

Replacement of permanent staff:

If, by no fault of the Client the Worker decides to leave or the Client finds the Worker highly unsuitable and wishes to replace the worker with another candidate from us instead of receiving a rebate, we will present a new candidate and replace the old one free of charge within the first 3 months of commencement of employment. This is done at our discretion, if we find that communication between the parties was impossible and there was a clear fault on the worker’s side.

Introductions made by the Company are confidential and must not be disclosed by the Client to third parties. The engagement of any candidate by, or arranged by, a third party to whom the Client has disclosed such information supplied by the Company, will render the Client liable to the payment of the introduction fee which would have been due had the candidate been employed by the Client on the same terms. The Company shall not be responsible in any way for loss (including loss of profit, business, contracts, revenue or anticipated savings, loss or waste of management time or any indirect or consequential loss), damage or expense incurred by the Client, its staff or property arising from or in connection with the use of the Company’s services or caused by the acts, errors or omissions of any candidate even if such an act, error or omission is negligent, fraudulent or dishonest. Nothing in these terms shall have the effect of excluding or restricting liability for death or personal injury resulting from the negligence of the Company. The Company expects the Client to be fully aware of all current laws relating to discrimination, victimisation or harassment due to race, colour, nationality, sex, marriage, disability, health and safety or working time and that it has given the appropriate training to all members of its own staff that may be involved in selection, supervision and control of candidates supplied. The Client shall indemnify the Company against any claims, demands, liabilities, damages, costs and expenses incurred in action taken against the Company in respect of any member of the staff employed by the Client. If any provision of these Terms is held by any competent authority to be invalid of enforceable in the whole or in part the validity of the other provisions of these Terms and the remainder of the provision in question will not be affected. No waiver by the Company or any breach of these Terms by the Client will be considered as a waiver of any subsequent breach of the same or any other provision.

Any notice required or permitted to be given by either party to the other under these Terms will be in writing addressed to that other party at its registered office or principal place of business.

These terms will in all respects be governed and construed in accordance with English Law and the Client agrees that any dispute will be settled in English Courts.

(1) DEFINITIONS

In these terms and conditions the following Definitions apply:-

'The Employment Business' means Eurosmartservices Limited or its associated companies.

'The Client' means the person firm or corporate body requiring the services of the Temporary.

'The Temporary' means the person, firm of corporate body to whom the Applicant is introduced.

'Assignment' means the period during which the temporary is engaged to tender services to the Client.

(2) THE CONTRACT

(a) These Terms and Conditions are accepted by the Client by virtue of its interview with the Employment Business or the Temporary or the engagement by the Client of the services of the Temporary.

(b) No variation or alteration to these Terms and Conditions shall be valid or enforceable unless approved in writing by a Director of the Employment Business.

(3) TIMESHEETS

(a) At the end of each week of the Assignment (or, where the Assignment is for a period of less than one week or is completed before the end of the week, at the end of the Assignment) the Client shall sign the time sheet of the Employment business verifying the number of hours worked by the Temporary during that week.

(b) Signature of the time sheet by the Client constitutes acceptance that the Temporary's services have been provided for the hours indicated and that such services have been satisfactory and in accordance with these Terms.

(4) CHARGES

(a) The Client shall pay the hourly charge for the Employment Business current at the commencement of the Assignment which may be varied by the Employment Business with immediate effect from time during the Assignment.

(b) The charges are calculated by reference to the number of hours worked by the Temporary (to the nearest quarter hour) plus VAT and are invoiced to the Client on a weekly basis, payable within 14 days. Travelling, hotel and other expenses as may be agree shall be added to the invoice. Details of our charges are available on request.

(5) REMUNERATION & DEDUCTIONS

The Employment Business is responsible for paying the Temporary's remuneration where applicable or fees and for the deduction and payment of National Insurance Contributions and Schedule E Income Tax (PAYE), and holiday pay, applicable to the Temporary as required by law.

(6) INTRODUCTION FEES

(6.1) Transfer fees where a worker has been supplied.

(6.1.1) In the event of the Engagement by the Client of a Temporary Worker supplied by the Employment Business for an Assignment either (1) directly or (2) pursuant to being supplied by another employment business, during the Assignment or within whichever is the longer of either: 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of a previous Assignment shall also be considered to be the first Assignment' these purposes); or 8 weeks from the day after the last day the Temporary Worker worked on the Assignment.

The Client shall be liable, subject to electing upon giving 7 days notice, to either

(a) An extended period of hire calculated in proportion to the number of weeks the Temporary Worker has been supplied to the Client prior to the notice date in accordance with the accompanying schedule of extended hire periods set out below, during which the Client shall pay the charges agreed pursuant to Clause 4(b) above for each hour the Temporary Worker is so employed or supplied; or

(b) A Transfer Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement, less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates, or, if the actual amount of Remuneration is not known, the hourly charges agreed pursuant to Clause 4 (b) multiplied by 225 times less any rebate applicable calculated in accordance with the accompanying schedule of Transfer Fee rebates. No refund of the Transfer Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due

(6.2) Introduction Fees where a worker is introduced but not supplied.

(6.2.1) In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but which leads to an Engagement of the Temporary Worker by the Client either directly or pursuant to being supplied by another employment business within 6 months from the date of Introduction the Client shall be liable, subject to electing upon giving 7 days notice, to either:

(a) A period of hire of the Temporary Worker being 12 weeks during which the Client shall pay the hourly charges agreed pursuant to Clause 4 (b) for each hour the Temporary Worker is so employed or supplied; or

(b) (c) An Introduction Fee calculated as follows: 15% of the Remuneration applicable during the first 12 months of the Engagement or, if the actual amount of the Remuneration is not known, the hourly charges agreed pursuant to Clause 4 (b) multiplied 225 times. No refund of the Introduction Fee will be paid in the event that the Engagement subsequently terminates. VAT is payable in addition to any fee due.

(c) (d)There are no rebates or reductions of extended periods in respect of charges arising under Clause 6.2.1 (a) and (b).

(6.3) Inability to supply during the period of hire.

(6.3.1) If the Client elects for an extended period of hire, as set out above, but before the end of such period Engages the Temporary Worker supplied by the Employment Business either directly or pursuant to being supplied by another employment business or the Temporary Worker chooses not be supplied for an extended period of hire, the Transfer or Introduction Fee calculated in accordance with either 6.1.1 (b) or 6.2.1 (b) may be charged, reduced by such percentage to reflect the period of extended hire already undertaken by the Temporary Worker and paid for by the Client.

(6.3.2) Where period(s) of absence due to illness or injury prevent the Temporary Worker from being employed or supplied for 4 or more days, which shall be qualifying days for the purposes of Statutory Sick Pay (SSP), during the period of hire as set out above, the period of hire shall be extended by a period equivalent to the total period of absence. Where the Employment Business pays the Temporary Worker SSP during the period of hire an equivalent amount shall be charged to and be payable by the Client in addition to the charges agreed pursuant to Clause 3.1.

(6.4) Where there has been an Introduction to and Engagement by a Third Party.

In the event that a Temporary Worker supplied to a Client is introduced by the Client to a third party which results in the Engagement of the Temporary Worker by the third party during the Assignment or within whichever is the longer of either: 14 weeks from the start of the first Assignment (each new Assignment where there has been a break of more than 42 days (6 weeks) since the end of the previous Assignment shall also be considered to be the 'First Assignment' for these purposes); or 8 weeks from the day after the last days the Temporary Worker worked.

The Client shall be liable to pay a Transfer Fee Calculated in accordance with Clause 6.1.1(b).

(6.5) Where there has been an Introduction but no supply resulting in an Engagement by a Third Party.

In the event that there is an Introduction of a Temporary Worker to the Client which does not result in the supply of that Temporary Worker by the Employment Business to the Client, but the Temporary Worker is introduced by the Client to a third party within 6 months from the date of Introduction the Client shall be liable, to an Introduction Fee calculated in accordance with Clause 6.2.1(b)

Copyright Policy.

Company respects the intellectual property of others and asks that users of our Site do the same.  In connection with our Site, we have adopted and implemented a policy respecting copyright law that provides for the removal of any infringing materials and for the termination of users of our online Site who are repeated infringers of intellectual property rights, including copyrights.  If you believe that one of our users is, through the use of our Site, unlawfully infringing the copyright(s) in a work, and wish to have the allegedly infringing material removed, the following information in the form of a written notification (pursuant to 17 U.S.C. § 512(c)) must be provided to our designated Copyright Agent:

  • your physical or electronic signature;
  • identification of the copyrighted work(s) that you claim to have been infringed;
  • identification of the material on our services that you claim is infringing and that you request us to remove;
  • sufficient information to permit us to locate such material;
  • your address, telephone number, and e-mail address;
  • a statement that you have a good faith belief that use of the objectionable material is not authorized by the copyright owner, its agent, or under the law; and
  • a statement that the information in the notification is accurate, and under penalty of perjury, that you are either the owner of the copyright that has allegedly been infringed or that you are authorized to act on behalf of the copyright owner.

Please note that, pursuant to 17 U.S.C. § 512(f), any misrepresentation of material fact in a written notification automatically subjects the complaining party to liability for any damages, costs and attorney’s fees incurred by us in connection with the written notification and allegation of copyright infringement.

General

These Terms are subject to occasional revision, and if we make any substantial changes, we may notify you by sending you an e-mail to the last e-mail address you provided to us and/or by prominently posting notice of the changes on our Site.  You are responsible for providing us with your most current e-mail address.  In the event that the last e-mail address that you have provided us is not valid our dispatch of the e-mail containing such notice will nonetheless constitute effective notice of the changes described in the notice.  Any changes to these Terms will be effective upon the earliest of thirty (30) calendar days following our dispatch of an e-mail notice to you or thirty (30) calendar days following our posting of notice of the changes on our Site.  These changes will be effective immediately for new users of our Site.  Continued use of our Site following notice of such changes shall indicate your acknowledgement of such changes and agreement to be bound by the terms and conditions of such changes. Dispute Resolution. Please read this Arbitration Agreement carefully. It is part of your contract with Company and affects your rights.  It contains procedures for MANDATORY BINDING ARBITRATION AND A CLASS ACTION WAIVER.

Applicability of Arbitration Agreement. All claims and disputes in connection with the Terms or the use of any product or service provided by the Company that cannot be resolved informally or in small claims court shall be resolved by binding arbitration on an individual basis under the terms of this Arbitration Agreement.  Unless otherwise agreed to, all arbitration proceedings shall be held in English.  This Arbitration Agreement applies to you and the Company, and to any subsidiaries, affiliates, agents, employees, predecessors in interest, successors, and assigns, as well as all authorized or unauthorized users or beneficiaries of services or goods provided under the Terms.

Notice Requirement and Informal Dispute Resolution. Before either party may seek arbitration, the party must first send to the other party a written Notice of Dispute describing the nature and basis of the claim or dispute, and the requested relief.  A Notice to the Company should be sent to: CVMinds, VALMIND(UK) LIMITED, The Bradfield Centre, 184 Cambridge Science Park, Cambridge CB4 0GA. After the Notice is received, you and the Company may attempt to resolve the claim or dispute informally.  If you and the Company do not resolve the claim or dispute within thirty (30) days after the Notice is received, either party may begin an arbitration proceeding.  The amount of any settlement offer made by any party may not be disclosed to the arbitrator until after the arbitrator has determined the amount of the award to which either party is entitled.

Arbitration Rules. Arbitration shall be initiated through the American Arbitration Association, an established alternative dispute resolution provider that offers arbitration as set forth in this section.  If AAA is not available to arbitrate, the parties shall agree to select an alternative ADR Provider.  The rules of the ADR Provider shall govern all aspects of the arbitration except to the extent such rules are in conflict with the Terms.  The AAA Consumer Arbitration Rules governing the arbitration are available online at adr.org or by calling the AAA at 1-800-778-7879.  The arbitration shall be conducted by a single, neutral arbitrator.  Any claims or disputes where the total amount of the award sought is less than Ten Thousand U.S. Dollars (US $10,000.00) may be resolved through binding non-appearance-based arbitration, at the option of the party seeking relief.  For claims or disputes where the total amount of the award sought is Ten Thousand U.S. Dollars (US $10,000.00) or more, the right to a hearing will be determined by the Arbitration Rules.  Any hearing will be held in a location within 100 miles of your residence, unless you reside outside of the United States, and unless the parties agree otherwise.  If you reside outside of the U.S., the arbitrator shall give the parties reasonable notice of the date, time and place of any oral hearings. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction.  If the arbitrator grants you an award that is greater than the last settlement offer that the Company made to you prior to the initiation of arbitration, the Company will pay you the greater of the award or $2,500.00.  Each party shall bear its own costs and disbursements arising out of the arbitration and shall pay an equal share of the fees and costs of the ADR Provider.

Additional Rules for Non-Appearance Based Arbitration. If non-appearance based arbitration is elected, the arbitration shall be conducted by telephone, online and/or based solely on written submissions; the specific manner shall be chosen by the party initiating the arbitration.  The arbitration shall not involve any personal appearance by the parties or witnesses unless otherwise agreed by the parties.

Time Limits. If you or the Company pursues arbitration, the arbitration action must be initiated and/or demanded within the statute of limitations and within any deadline imposed under the AAA Rules for the pertinent claim.

Authority of Arbitrator. If arbitration is initiated, the arbitrator will decide the rights and liabilities of you and the Company, and the dispute will not be consolidated with any other matters or joined with any other cases or parties.  The arbitrator shall have the authority to grant motions dispositive of all or part of any claim.  The arbitrator shall have the authority to award monetary damages, and to grant any non-monetary remedy or relief available to an individual under applicable law, the AAA Rules, and the Terms.  The arbitrator shall issue a written award and statement of decision describing the essential findings and conclusions on which the award is based.  The arbitrator has the same authority to award relief on an individual basis that a judge in a court of law would have.  The award of the arbitrator is final and binding upon you and the Company.

Waiver of Jury Trial. THE PARTIES HEREBY WAIVE THEIR CONSTITUTIONAL AND STATUTORY RIGHTS TO GO TO COURT AND HAVE A TRIAL IN FRONT OF A JUDGE OR A JURY, instead electing that all claims and disputes shall be resolved by arbitration under this Arbitration Agreement.  Arbitration procedures are typically more limited, more efficient and less expensive than rules applicable in a court and are subject to very limited review by a court.  In the event any litigation should arise between you and the Company in any state or federal court in a suit to vacate or enforce an arbitration award or otherwise, YOU AND THE COMPANY WAIVE ALL RIGHTS TO A JURY TRIAL, instead electing that the dispute be resolved by a judge.

Waiver of Class or Consolidated Actions. All claims and disputes within the scope of this arbitration agreement must be arbitrated or litigated on an individual basis and not on a class basis, and claims of more than one customer or user cannot be arbitrated or litigated jointly or consolidated with those of any other customer or user.

Confidentiality. All aspects of the arbitration proceeding shall be strictly confidential.  The parties agree to maintain confidentiality unless otherwise required by law.  This paragraph shall not prevent a party from submitting to a court of law any information necessary to enforce this Agreement, to enforce an arbitration award, or to seek injunctive or equitable relief.

Severability. If any part or parts of this Arbitration Agreement are found under the law to be invalid or unenforceable by a court of competent jurisdiction, then such specific part or parts shall be of no force and effect and shall be severed and the remainder of the Agreement shall continue in full force and effect.

Right to Waive. Any or all of the rights and limitations set forth in this Arbitration Agreement may be waived by the party against whom the claim is asserted.  Such waiver shall not waive or affect any other portion of this Arbitration Agreement.

Survival of Agreement. This Arbitration Agreement will survive the termination of your relationship with Company.

Small Claims Court. Nonetheless the foregoing, either you or the Company may bring an individual action in small claims court.

Emergency Equitable Relief. Anyhow the foregoing, either party may seek emergency equitable relief before a state or federal court in order to maintain the status quo pending arbitration.  A request for interim measures shall not be deemed a waiver of any other rights or obligations under this Arbitration Agreement.

Claims Not Subject to Arbitration. Notwithstanding the foregoing, claims of defamation, violation of the Computer Fraud and Abuse Act, and infringement or misappropriation of the other party’s patent, copyright, trademark or trade secrets shall not be subject to this Arbitration Agreement.

In any circumstances where the foregoing Arbitration Agreement permits the parties to litigate in court, the parties hereby agree to submit to the personal jurisdiction of the courts located within Netherlands County, California, for such purposes.

The Site may be subject to U.S. export control laws and may be subject to export or import regulations in other countries. You agree not to export, re-export, or transfer, directly or indirectly, any U.S. technical data acquired from Company, or any products utilizing such data, in violation of the United States export laws or regulations.

Company is located at the address in Section 10.8. If you are a California resident, you may report complaints to the Complaint Assistance Unit of the Division of Consumer Product of the California Department of Consumer Affairs by contacting them in writing at 400 R Street, Sacramento, CA 95814, or by telephone at (800) 952-5210.

Electronic Communications. The communications between you and Company use electronic means, whether you use the Site or send us emails, or whether Company posts notices on the Site or communicates with you via email. For contractual purposes, you (a) consent to receive communications from Company in an electronic form; and (b) agree that all terms and conditions, agreements, notices, disclosures, and other communications that Company provides to you electronically satisfy any legal obligation that such communications would satisfy if it were be in a hard copy writing.

Entire Terms. These Terms constitute the entire agreement between you and us regarding the use of the Site. Our failure to exercise or enforce any right or provision of these Terms shall not operate as a waiver of such right or provision. The section titles in these Terms are for convenience only and have no legal or contractual effect. The word "including" means "including without limitation". If any provision of these Terms is held to be invalid or unenforceable, the other provisions of these Terms will be unimpaired and the invalid or unenforceable provision will be deemed modified so that it is valid and enforceable to the maximum extent permitted by law.  Your relationship to Company is that of an independent contractor, and neither party is an agent or partner of the other.  These Terms, and your rights and obligations herein, may not be assigned, subcontracted, delegated, or otherwise transferred by you without Company’s prior written consent, and any attempted assignment, subcontract, delegation, or transfer in violation of the foregoing will be null and void.  Company may freely assign these Terms.  The terms and conditions set forth in these Terms shall be binding upon assignees.

Your Privacy. Please read our Privacy Policy.

Copyright/Trademark Information. Copyright ©. All rights reserved.  All trademarks, logos and service marks displayed on the Site are our property or the property of other third-parties. You are not permitted to use these Marks without our prior written consent or the consent of such third party which may own the Marks.

Contact Information

Address: CVMinds, VALMIND(UK) LIMITED, The Bradfield Centre, 184 Cambridge Science Park, Cambridge CB4 0GA

Email: uk@cvminds.com

You can contact us about this Term and Condition by writing or email us at the address below:

CVMinds, VALMIND(UK) LIMITED
The Bradfield Centre
184 Cambridge Science Park
Cambridge CB4 0GA
Email: info@cvminds.com
Phone:+44 1223 931 621