Terms and Conditions

Terms & Conditions

WEBSITE TERMS OF SERVICE

PLEASE READ THESE TERMS OF SERVICE CAREFULLY BEFORE USING THIS SITE

What's in these terms?

These terms tell you the rules for using our website www.monitree.co.uk (our site).

Who we are and how to contact us.
By using our site you accept these terms.
There are other terms that may apply to you.
We may make changes to these terms.
We may make changes to our site.
We may suspend or withdraw our site.
We may transfer this agreement to someone else.
Our site is only for users in the UK.
You must keep your account details safe.
You must not contact users for other purposes.
How you may use material on our site.
No text or data mining, or web scraping.
Rules about linking to our site.
Our trade marks are registered.
Creating an account.
Uploading content to our site.
Rights you are giving us to use material you upload.
Do not rely on information on this site.
We are not responsible for websites we link to.
We are not responsible for viruses.
You must not introduce viruses.
Our responsibility for loss or damage suffered by you.
How we may use your personal information.
Which country's laws apply to any disputes.
How we protect you from illegal content.
What content and behaviours you should report.
How to complain or report concerns.
How we will deal with your complaint or concern.
Your rights to claim against us if we restrict access to your content.
Your rights to claim against us if we suspend or ban your use of our service.

WHO WE ARE AND HOW TO CONTACT US

www.monitree.co.uk is a site operated by Monitree App Ltd (We). We are registered in England and Wales under company number 14224452 and have our registered office at Medway Bridge House, 1-8 Fairmeadow, Maidstone, Kent, ME14 1JP. Our VAT number is 472 5998 39.

We are a limited company.

To contact us, please email admin@monitree.co.uk.

BY USING OUR SITE, YOU ACCEPT THESE TERMS

By using our site, you confirm that you accept these terms of service and that you agree to comply with them.

If you do not agree to these terms, you must not use our site.

We recommend that you print a copy of these terms for future reference.

THERE ARE OTHER TERMS THAT MAY APPLY TO YOU

These terms of service refer to the following additional terms, which also apply to your use of our site:

Our Privacy Policy which explains how we collect, use and store your personal data.

The following documents also form part of these terms of service:

• Our Acceptable Use Policy which sets out the rules on how the service must and must not be used.

WE MAY MAKE CHANGES TO THESE TERMS

We amend these terms from time to time. Every time you wish to use our site, please check these terms to ensure you understand the terms that apply at that time.

WE MAY MAKE CHANGES TO OUR SITE

We may update and change our site from time to time to reflect changes to our users' needs and our business priorities. We will try to give you reasonable notice of any major changes.

WE MAY SUSPEND OR WITHDRAW OUR SITE

Our site is made available free of charge to UK-based healthcare workers.

We do not guarantee that our site, or any content on it, will always be available or be uninterrupted. We may suspend or withdraw or restrict the availability of all or any part of our site for business and operational reasons. We will try to give you reasonable notice of any suspension or withdrawal.

You are also responsible for ensuring that all persons who access our site through your internet connection are aware of these terms of service and other applicable terms of service, and that they comply with them.

WE MAY TRANSFER THIS AGREEMENT TO SOMEONE ELSE

We may transfer our rights and obligations under these terms to another organisation. We will always tell you in writing if this happens and we will ensure that the transfer will not affect your rights under the contract.

OUR SITE IS ONLY FOR USERS IN THE UK

Our site is directed to people residing in the United Kingdom. We do not represent that content available on or through our site is appropriate for use or available in other locations.

YOU MUST KEEP YOUR ACCOUNT DETAILS SAFE

If you choose, or you are provided with, a user identification code, password or any other piece of information as part of our security procedures, you must treat such information as confidential. You must not disclose it to any third party.

We have the right to disable any user identification code or password, whether chosen by you or allocated by us, at any time, if in our reasonable opinion you have failed to comply with any of the provisions of these terms of service.

If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at admin@monitree.co.uk.

YOU MUST NOT CONTACT USERS FOR OTHER PURPOSES

You must not contact any user who connects with you via Monitree about any opportunity other than the specific opportunity they are initially interested in, unless they expressly consent to being contacted for anything else (see Annex A: Requirements for Partner Businesses at the end of this document for more details).

HOW YOU MAY USE MATERIAL ON OUR SITE

We are the owner or the licensee of all intellectual property rights in our site, and in the material published on it. Those works are protected by copyright laws and treaties around the world. All such rights are reserved.

You may print off one copy, and may download extracts, of any page(s) from our site for your personal use and you may draw the attention of others within your organisation to content posted on our site.

You must not modify the paper or digital copies of any materials you have printed off or downloaded in any way, and you must not use any illustrations, photographs, video or audio sequences or any graphics separately from any accompanying text.

Our status (and that of any identified contributors) as the authors of content on our site must always be acknowledged (except where the content is user-generated).

You must not use any part of the content on our site for commercial purposes without obtaining a licence to do so from us or our licensors.

If you print off, copy, download, share or repost any part of our site in breach of these terms of service, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made (except that you are permitted to print off a copy of these terms of service).

NO TEXT OR DATA MINING, OR WEB SCRAPING

You shall not conduct, facilitate, authorise or permit any text or data mining or web scraping in relation to our site or any services provided via, or in relation to, our site for any purpose, including the development, training, fine-tuning or validation of AI systems or models. This includes using (or permitting, authorising or attempting the use of):

Any "robot", "bot", "spider", "scraper" or other automated device, program, tool, algorithm, code, process or methodology to access, obtain, copy, monitor or republish any portion of our site or any data, content, information or services accessed via the same.

Any automated analytical technique aimed at analysing text and data in digital form to generate information or develop, train, fine-tune or validate AI systems or models which includes but is not limited to patterns, trends and correlations.

The provisions in this clause should be treated as an express reservation of our rights in this regard, including for the purposes of Article 4(3) of the Digital Copyright Directive ((EU) 2019/790).

You shall not use, and we do not consent to the use of, our site, or any data published by, or contained in, or accessible via, our site or any services provided via, or in relation to, our site for the purposes of developing, training, fine-tuning or validating any AI system or model or for any other purposes not explicitly set out in our refer to website Acceptable Use Policy.

This clause will not apply insofar as (but only to the extent that) we are unable to exclude or limit text or data mining or web scraping activity by contract under the laws which are applicable to us.

Our site, its content and any services provided in relation to the same are only targeted to, and intended for use by, individuals located in the United Kingdom (Permitted Territory). By continuing to access, view or make use of our site and any related content and services, you hereby warrant and represent to us that you are located in thePermitted Territory. If you are not located in a Permitted Territory, you must immediately discontinue use of our site and any related content and services.

RULES ABOUT LINKING TO OUR SITE

You may link to our home page, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it.

You must not establish a link in such a way as to suggest any form of association, approval or endorsement on our part where none exists.

You must not establish a link to our site in any website that is not owned by you without our approval.

Our site must not be framed on any other site, nor may you create a link to any part of our site other than the home page without our approval.

We reserve the right to withdraw linking permission without notice.

The website in which you are linking must comply in all respects our Acceptable Use Policy.

If you wish to link to or make any use of content on our site other than that set out above, please contact admin@monitree.co.uk.

OUR TRADEMARKS ARE REGISTERED

“Monitree” is a UK registered trademark of Monitree App Ltd. You are not permitted to use it without our approval.

CREATING AN ACCOUNT

Once you have created an account, we will need to approve it before it goes live on the platform. We aim to review accounts within 24 hours of creation.

UPLOADING CONTENT TO OUR SITE

Whenever you make use of a feature that allows you to create content directly on our site, upload or share content to our site, or to make contact with other users of our site, you must comply with the standards set out in our Acceptable Use Policy. If you are an Business User you must comply with the requirements set out in Annex A when creating a listing. Further details regarding listings are set out in Annex B.

You warrant that any such contribution complies with those standards, and you are liable to us and indemnify us for any breach of that warranty. This means you will be responsible for any loss or damage we suffer as a result of your breach of warranty.

We will consider any content you upload to our site to be non-confidential and not protected by any trade mark, patent or copyright ("non-proprietary"), that is, in the public domain. You own your content, but you are required to grant us a limited licence to use, store and copy that content and to distribute and make it available to others.

We also have the right to disclose your identity to anyone who is claiming that any content posted or uploaded by you to our site violates their intellectual property rights or their right to privacy.

We have the right to remove any posting you make on our site if, in our opinion, your post does not comply with the acceptable use standards set out in our Acceptable Use Policy.

If you wish to contact us in relation to content you have uploaded to our site and that we have taken down, please contact us at admin@monitree.co.uk.

RIGHTS YOU ARE GIVING US TO USE MATERIAL YOU UPLOAD

When you upload or post content to our site, you grant us the following rights to use that content:

A worldwide, non-exclusive, royalty-free, transferable licence to use, reproduce, distribute, prepare derivative works of, display, and perform that user-generated content in connection with the service provided by the website and across different media including to promote our site or the service to expire when the user deletes the content from our site.

A worldwide, non-exclusive, royalty-free, transferable licence for other users, partners or advertisers to use the content in accordance with the functionality of our site to expire when the user deletes the content from our site.

DO NOT RELY ON INFORMATION ON THIS SITE

The content on our site is provided for general information only. It is not intended to amount to advice on which you should rely. You must obtain professional or specialist advice before taking, or refraining from, any action on the basis of the content on our site.

Although we make reasonable efforts to update the information on our site, we make no representations, warranties or guarantees, whether express or implied, that the content on our site is accurate, complete or up to date.

WE ARE NOT RESPONSIBLE FOR WEBSITES WE LINK TO

Where our site contains links to other sites and resources provided by third parties, these links are provided for your information only. Such links should not be interpreted as approval by us of those linked websites or information you may obtain from them.

We have no control over the contents of those sites or resources.

WE ARE NOT RESPONSIBLE FOR VIRUSES

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

You are responsible for configuring your information technology, computer programs and platform to access our site. You should use your own virus protection software.

YOU MUST NOT INTRODUCE VIRUSES

You must not misuse our site by knowingly introducing viruses, trojans, worms, logic bombs or other material that is malicious or technologically harmful, or otherwise harmfully interacting with our site or any part of it. You must not attempt to gain unauthorised access to our site, the server on which our site is stored or any server, computer or database connected to our site, or any other equipment or network connected with our site. You must not interfere with, damage or disrupt any software used in the provision of our site or any equipment or network or software owned or used by any third party on which this site relies in any way. You must not attack our site via a denial-of-service attack or a distributed denial-of-service attack. By breaching this provision, you would commit a criminal offence under the Computer Misuse Act 1990. We will report any such breach to the relevant law enforcement authorities, and we will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use our site will cease immediately.

OUR RESPONSIBILITY FOR LOSS OR DAMAGE SUFFERED BY YOU

Whether you are a consumer or a business user:

We do not exclude or limit in any way our liability to you where it would be unlawful to do so. This includes liability for death or personal injury caused by our negligence or the negligence of our employees, agents or subcontractors and for fraud or fraudulent misrepresentation.

If you are a business user:

We exclude all implied conditions, warranties, representations or other terms that may apply to our site or any content on it.

We will not be liable to you for any loss or damage, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, even if foreseeable, arising under or in connection with:

use of, or inability to use, our site; or

use of or reliance on any content displayed on our site.

In particular, we will not be liable for:

loss of profits, sales, business, or revenue;

business interruption;

loss of anticipated savings;

loss of business opportunity, goodwill or reputation; or

any indirect or consequential loss or damage.

If you are a consumer user:

We only provide our site for domestic and private use. You agree not to use our site for any commercial or business purposes, and we have no liability to you for any loss of profit, loss of business, business interruption, or loss of business opportunity.

If defective digital content that we have supplied damages a device or digital content belonging to you and this is caused by our failure to use reasonable care and skill, we will either repair the damage or pay you compensation. However, we will not be liable for damage that you could have avoided by following our advice to apply an update offered to you free of charge or for damage that was caused by you failing to correctly follow installation instructions or to have in place the minimum system requirements advised by us.

HOW WE MAY USE YOUR PERSONAL INFORMATION

We will only use your personal information as set out in our Privacy Policy.

WHICH COUNTRY'S LAWS APPLY TO ANY DISPUTES?

If you are a consumer, please note that these terms of service, their subject matter and their formation, are governed by English law. We both agree that the courts of England and Wales will have exclusive jurisdiction, except that if you are a resident of Northern Ireland you may also bring proceedings in Northern Ireland, and if you are a resident of Scotland, you may also bring proceedings in Scotland.

If you are a business, these terms of service, their subject matter and their formation (and any non-contractual disputes or claims) are governed by English law. We both agree to the exclusive jurisdiction of the courts of England and Wales.

HOW WE PROTECT YOU FROM ILLEGAL CONTENT

This provision sets out what we do to protect you from illegal content. It also explains what technology we use to help us.

We minimise the length of time for which terrorism content is present on the site by pre-approving accounts and listings prior to them being made live on Monitree to the best of our ability. We will swiftly take down terrorism content when we find out about it.

We will minimise the length of time for which child sexual exploitation and abuse content is present on the site by pre-approving accounts and listings prior to them being made live on Monitree to the best of our ability. We will swiftly take down child sexual exploitation and abuse content when we find out about it.

We will minimise the length of time for which other content that amounts to an offence is present on the site by pre-approving accounts and listings prior to them being made live on Monitree to the best of our ability. This applies to content relating to assisting suicide, threats to kill, public order offences, harassment, stalking and fear or provocation of violence, drugs and psychoactive substances, firearms and other weapons, assisting illegal immigration, human trafficking, sexual exploitation, sexual images, proceeds of crime, fraud, financial services, foreign interference, animal welfare and offences relating to being involved in committing any of these offences (known as inchoate offences). We will swiftly take down such content when we find out about it.

WHAT CONTENT AND BEHAVIOURS YOU SHOULD REPORT

You can report or complain about the following content and behaviours:

• Content you consider to be illegal.

• When you think we are not dealing with illegal content or activity as we should.

• Where you think our content reporting systems and processes do not easily let users report content they believe to be illegal and content they believe to be harmful to children and that is accessible to children.

• When you think we have insufficiently considered the importance of protecting users' rights to freedom of expression or privacy.

• Where your content has been taken down on the basis that it is illegal.

• Where we have given you a warning, suspended, banned or restricted you in any way as a result of your content which we consider to be illegal content.

• Technology we use results in your content being taken down, access-restricted or deprioritised and you think the technology has been used in a way not set out in our terms of service.

• Any contact from a business that does not relate to the specific opportunity you are interested in without your expressed consent.

HOW TO COMPLAIN OR REPORT CONCERNS

If you wish to contact us in relation to a complaint or to report content, please contact us at admin@monitree.co.uk.

HOW WE WILL DEAL WITH YOUR COMPLAINTS OR CONCERNS

We take all complaints and concerns seriously and aim to acknowledge receipt of your complaint/concern within 24 hours. We aim to provide a full response within a maximum of 3 working days and take any necessary action as soon as reasonably possible. If we fail to respond to you within these timeframes, please contact us immediately at admin@monitree.co.uk.

YOUR RIGHTS TO CLAIM AGAINST US IF WE RESTRICT ACCESS TO YOUR CONTENT

If we restrict access to any content you generate or upload to or share on our service in a way that breaches these terms of service, you have a right to bring a claim against us for breach of contract.

YOUR RIGHTS TO CLAIM AGAINST US IF WE SUSPEND OR BAN YOUR USE OF OUR SERVICE

If we suspend or ban you from using our service in a way that breaches these terms of service, you have a right to bring a claim against us for breach of contract.

ANNEX A: REQUIREMENTS FOR PARTNER BUSINESSES

1. All relevant financial details must be included in every listing. For example, permanent job vacancies must include the salary (or salary range), locum shifts must include the hourly rate (or rate range), paid research opportunities must include the incentive.

2. You must include all relevant information within the description of the listing, especially inclusion/exclusion criteria and any terms and conditions.

3. Recruitment agencies must read and agree to a specific set of requirements as set out in a separate document (titled 'Agreement between recruitment agencies and Monitree App Ltd.') in order to join and post listings on Monitree.

4. To reduce the risk of any fake listings, we encourage our users to report to us if they suspect a listing does not represent a genuine opportunity/product/service. In the event a listing is deemed to not be genuine, we will contact the company in question and ask them for an explanation to be provided within 3 business days. If we do not receive a response or determine that the explanation is unsatisfactory, we will remove the listing and warn the company that if this happens again they will be removed from the platform. We reserve the right to indefinitely remove any company from the platform if they fail on 2 separate occasions to provide a sufficient explanation for breaking this rule.

ANNEX B: APPROVING LISTINGS

1. Once you have created a listing, we will need to approve it before it goes live on the platform.

2. We will aim to review submissions within 24 hours of creation.

3. If a listing falls outside of the Requirements in Annex A, you will be notified and given an opportunity to amend it. We reserve the right to amend the wording/image in any listing for any reason, however we will inform you if we do this.

ACCEPTABLE USE POLICY

ACCEPTABLE USE

These acceptable use standards apply to any material you upload or share to our site or generate on our site (User Content). They also apply to any contact you make with other users on our site, links to our site, and any other ways you use our site.

You must comply with these standards in spirit as well as to the letter.

Monitree App Ltd will determine, in its discretion, whether any User Content or your use of our site breaches these acceptable use standards.

You may not use our site:

• In any way that breaches any local, national or international law or regulation.

• In any way that is unlawful or fraudulent or has any unlawful or fraudulent purpose or effect.

• For the purpose of harming or attempting to harm minors in any way.

• To bully, insult, intimidate or humiliate any person.

• To send, knowingly receive, upload, download, share, post, use or re-use any material which does not comply with our content standards.

• To transmit, or procure the sending of, any unsolicited or unauthorised advertising or promotional material or any other form of similar solicitation (spam).

• To knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.

User Content:

• Must be accurate (where it states facts).

• Only contain opinions that are genuinely held.

• Must comply with the law applicable in any country from which it is posted and to which the website is targeted.

User Content must not:

• Be defamatory of any person.

• Be obscene, offensive, hateful or inflammatory.

• Infringe any copyright, database right or trade mark of any other person.

• Include video content that has been or would be likely to be given an R18 certificate by the British Board of Film Classification (BBFC).

• Include video content not suitable for BBFC classification.

• Include material that might impair the physical, mental or moral development of persons under the age of 18.

• Be likely to deceive any person.

• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence.

• Contain illegal content or promote any illegal content or activity.

• Be in contempt of court.

• Be threatening, abuse or invade another's privacy, or cause annoyance, inconvenience or needless anxiety.

• Be likely to harass, upset, embarrass, alarm or annoy any other person.

• Impersonate any person or misrepresent your identity or affiliation with any person.

• Give the impression that the User Content emanates from Monitree App Ltd if this is not the case.

• Advocate, promote, incite any party to commit, or assist any unlawful or criminal act such as (by way of example only) copyright infringement or computer misuse.

• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation or instigation of acts of terrorism.

• Be pornographic.

ILLEGAL CONTENT

In addition, you must not use our site in any way that involves:

• Terrorism offences.

• Child sexual exploitation or abuse offences including grooming and child sexual abuse material.

• Encouraging or assisting suicide (or attempted suicide) or serious self-harm offences.

• Harassment, stalking, making threats or abuse offences.

• Hate offences.

• Controlling or coercive behaviour offence.

• Drugs or psychoactive substance offences.

• Firearms or other weapons offences.

• Unlawful immigration or human trafficking offences.

• Sexual exploitation of adults offences.

• Extreme pornography offence.

• Intimate image abuse offences.

• Proceeds of crime offences.

• Fraud and financial services offences.

• Foreign interference offences.

CONTENT VERY HARMFUL TO CHILDREN

The following must not be uploaded, shared or generated directly on this service:

• Pornographic content.

• Content which encourages, promotes or provides instructions for suicide.

• Content which encourages, promotes or provides instructions for an act of deliberate self-injury.

• Content which encourages, promotes or provides instructions for an eating disorder or behaviours associated with an eating disorder.

OFFENCES

You must not upload, post, create on our site, share or cause any uploading, posting, creation or sharing, of any of the following:

• A grossly offensive, indecent, obscene or menacing message intending to cause offence, menace, distress or anxiety.

• A false message knowing it to be false, intending to cause non-trivial psychological or physical harm to a likely audience, and with no reasonable excuse.

• A message threatening death or serious harm while intending or being reckless as to whether the object of the threat would fear that the threat would be carried out.

• Flashing images when it is reasonably foreseeable that an individual with epilepsy will see it and the sender intended that the individual would suffer harmand the sender has no reasonable excuse for sending the images.

• A communication that intends to encourage serious self-harm.

• An unsolicited sexual image, including a manufactured intimate image or "deepfake" intending the recipient to be caused alarm, distress or humiliation, or for the purpose of sexual gratification and being reckless as to whether the recipient will be caused alarm, distress or humiliation.

• A sexually explicit deepfake.

ADDITIONAL PROVISIONS FOR VIDEO CONTENT

You must comply with our guidance on use of maturity or sensitivity ratings on video content.

For the avoidance of doubt, for any User Content in the form of video content:

• You must tell us immediately, if you upload a video containing any of the following: criminal material (relating to terrorism, sexual exploitation of children, child pornography, racism and xenophobia), unclassified or unclassifiable videos, videos rated R18 or suitable for R18 rating and other material that might impair the physical, mental or moral development of persons under the age of 18 (restricted material).

• You must not upload a video containing material likely to incite violence or hatred against a group of persons or a member of a group of persons based on any of the following grounds: sex, race, colour, ethnic or social origin, genetic features, language, religion or other belief, political opinion, membership of a national minority, property, birth, disability, age or sexual orientation.

ADVERTISING

You must not upload a video containing advertising for any of the following:

• Cigarettes and other tobacco products, electronic cigarettes or electronic cigarette refill containers, and prescription-only medicine; or

• Alcoholic drinks that are not aimed specifically at under 18s and do not encourage immoderate consumption of alcohol.

Any advertising included in a video you upload must not:

• Prejudice respect for human dignity.

• Include or promote discrimination based on sex, racial or ethnic origin, nationality, religion or belief, disability, age or sexual orientation.

• Encourage behaviour prejudicial to health or safety.

• Encourage behaviour grossly prejudicial to the protection of the environment.

• Cause physical, mental or moral detriment to persons under the age of 18.

• Directly exhort such persons to purchase or rent goods or services in a manner which exploits their inexperience or credulity.

• Directly encourage such persons to persuade their parents or others to purchase or rent goods or services.

• Exploit the trust of such persons in parents, teachers or others.

• Unreasonably show such persons in dangerous situations.

You must use the functionality provided on our site to declare whether, as far as you know or can reasonably be expected to know, any video contains advertising.