ViewsHub Terms of Service

Who are we and what do we do?

We are ViewsHub Ltd (we, us or our; our full details are at the end of these terms of service), and we provide an online platform and related services (collectively, the platform) which enables individuals, teams and organisations to track and measure their performance by obtaining reviews and ratings from other people (for example, clients or other individuals or teams within their own organisation).

What are these terms of service?

These terms apply to the use of our platform, and they apply to everyone who uses our platform whether as a registered user or otherwise (each such person being referred to as a user).  All users (including anyone registering to use our platform, or who uses our platform without registering), are bound by these terms of service, and by registering to use, or otherwise using, our platform, you agree to be bound by these terms of service accordingly.  A user who has registered to use our platform will be referred to as a registered user.  Reference to you in these terms of service is to any relevant user of the platform (individual or organisation, registered or otherwise).

What are the main features of the service we offer?

The services we provide via the platform vary according to level of subscription:

• Core service: We offer a core service which is free of charge. 
• Premium service: We offer various grades of premium service, for which charges are payable.

The details of both the core and premium services can be found on our pricing page at: http://www.viewshub.com/site/solutions/plans.aspx

How do you register to use the platform?

Except in certain limited circumstances (normally only when you have been requested by a registered user to provide a review or rating but you are not a registered user yourself), in order to use the platform you must first register to set up an account with us and to become a registered user by completing the account registration form (available on the platform). You must provide us with accurate, complete and up-to-date information as requested on the form.   You are responsible for the information you provide to us. You must contact us promptly to inform us of all changes to this information.

If you are registering as an individual, you will need to provide us with your email address, which may be either your personal email address or your work email address (or both).  If you register using your work email address then, before you use the reviews facility, you will also be asked to provide your personal email address or mobile phone number; this is to enable you to recover your account if you move from one organisation to another but do not inform us before you do so, so that we can then use your personal email address or mobile phone number to confirm who you are without having to use your old work email address.  Otherwise, you will be at risk of losing your individual account and the personal data that goes with it, and will have to re-register as a new individual user using your new work email address.

Upon registration, you will be asked to create a username and password.  You must keep your username and password confidential at all times and must use it only to access and use the platform and not for any other purpose. You are the only authorised user of your username and password, and accordingly you must not disclose your username and/or password to anyone else. You should contact us immediately upon discovering any unauthorised use of your account or error in the operation of your username and/or password.   Any breach of these terms of service and/or any use of your account by anyone who is using your username and/or password will be treated as if the breach or use had been carried out by you, and will not relieve you of your obligations to us. Any such use will be charged to you in accordance with these terms of service. Usernames and passwords are our property and we reserve the right to alter or replace them at any time in our sole discretion. You must cease to use and delete the password from any of your records upon expiry or termination of your account with us for whatever reason.

Who can use our platform and services, and in what capacity?

Individuals registering to use, or otherwise using, our platform may do so in the following capacities:

• As an individual on their own behalf (as opposed to on behalf of the organisation that they work for); this will enable the individual to obtain and manage reviews relating to themselves, and/or to review and rate other individuals, team or organisations via the platform.  It will not enable the individual to obtain or manage ratings relating to themselves, or to their teams or organisations; for that, a registration needs to have been made on behalf of the organisation for which the individual works.
• On behalf of the organisation for which they work or as part of an existing registration on behalf of their organisation; this will enable the individual to obtain and manage ratings relating to themselves, or to their teams or organisations, and/or to review and rate other individuals, team or organisations via the platform.

See the section below for an explanation of the difference between reviews and ratings.

If you register to use our platform, you will be given choices with regard to the capacity in which you are choosing to register; you should indicate your preferences accordingly in the course of registering.  Reference to users in these terms of service may be to individual subscribers or to organisations on behalf of which a subscription has been entered into, as the context requires.  If an individual registers on behalf of their organisation to use our platform, then the organisation as well as the individual will be a user for the purpose of these terms of service.   Whether you register as an individual or on behalf of an organisation, you acknowledge and agree that your registration and use of the platform will be for the purposes of your (or the relevant organisation's) trade, business, craft or profession, and not for consumer purposes.

If you register to use our platform (or otherwise use the platform without being registered) on behalf of a business, then you agree and represent to us that you have the authority to bind to these terms of service the relevant business legal entity (whether a company, firm, partnership or other legal entity) on behalf of which you are acting. If you do not have such authority, then you are not permitted to use, or register to use, our platform on that basis, and you should not do so.

Are there any rules for the acceptable use of our platform?

All users of our platform must comply with our acceptable use policy, as well as with these terms of service.  Our acceptable use policy forms part of these terms of service, and users should make sure that they have read and understood the policy before they use our platform and service.

You agree that you will not use, and will not allow anyone else to use, the platform or your account:

• Other than in accordance with these terms of service;
• Other than in accordance with our acceptable use policy;
• Other than as specifically permitted by the platform or by us, to access or attempt to access the platform other than as a registered user;
• In any way that interferes with the provision or use of the platform or any of our services, or with anyone else’s use of the platform or other services;
• In any way which infringes the rights of any other person (including, but not limited to, rights of privacy and intellectual property rights); 
• In any way which is unlawful, or which might reasonably be expected to be unlawful.

What are profiles?

Each individual registered user will be given a profile which is accessible to other registered users. The information contained in the profile is subject to the control of the individual concerned (although there are some basic details, such as the individual's name and registered email address, which are contained in all profiles and cannot be deleted unless the relevant individual ceases to be a registered user).

What are reviews and ratings?

Our platform can be used to review or rate people, teams and organisations, in two main ways.

Reviews: these relate solely to individuals (as opposed to teams or organisations):

• The individual being reviewed has to be registered on the platform to receive them; it is not possible to review an individual unless they are a registered user of the platform.
• The reviews are on the basis of sliding scales against defined characteristics (for example, creativity, resilience and ambition), and are intended to enable the individual to see how others view them in relation to each of these characteristics.
• Each individual has control over whether anyone else can see the reviews relating to them; access can be restricted just to the individual concerned; to other people from the same organisation who are also registered on the platform; or can be allowed to the public at large.
• The reviews are personal to the individual and are controlled by the individual, and are not visible to the individual's organisation (or to a wider audience) unless the individual chooses to make them so. The individual retains control over their reviews even if they move from one organisation to another.
• An individual may choose to allow other registered users within their organisation to see their reviews, but they can change this at any time and, if they leave the organisation, the individual retains control over their reviews and can therefore stop registered users within the organisation from seeing their reviews after they leave.
• Note that if when registering as an individual you have used your work email address (as opposed to your personal email address) to register then, before you use the reviews facility, you will also be asked to provide your personal email address or mobile phone number; this is to enable you to recover your account if you move from one organisation to another but do not inform us before you do so, so that we can then use your personal email address or mobile phone number to confirm who you are without having to use your old work email address.  Otherwise, you will be at risk of losing your individual account and the personal data that goes with it, and will have to re-register as a new individual user using your new work email address; in that event your reviews will remain attached to your old work email address and will be deleted by us once we are notified that you have left the organisation concerned.

Ratings – these relate to individuals, teams within organisations and to organisations as a whole:

• The ratings are on the basis of one to five stars against defined criteria, but include a free-text facility to allow those providing ratings to make their own comments on the individual, team or organisation concerned.
• When an individual registers on the platform on behalf of their organisation or (where their organisation is already registered) under their organisation's overall registration, they will be automatically be set up as a "team of one" on the platform (so that ratings can be provided in relation to them as an individual), but may also become members of wider teams as those teams are set up.
• Ratings relating to teams (other than teams of one) or organisations will not normally include personal data relating to members of the relevant team or organisation, but will do so if the ratings relate to an individual (as a team of one), if the team is sufficiently small (for example, two or three people, so that the ratings can more easily be related to the individuals within the team), or if the free-text section of the rating facility is used to refer to an individual (although those providing ratings are discouraged from doing this, so it should not normally happen).
• Although ratings are normally provided in relation to teams and organisations with individual members who are registered on the platform, this does not have to be the case; it is possible to rate a team or organisation which has no members registered on the platform, but in that case the rating will be deleted if not subsequently accepted by the person at the relevant organisation to who it is sent.
• Ratings are controlled by the organisation to which they relate, and the organisation can exercise overall control of the extent to which they are visible within, or outside, the organisation; this will be subject to the organisation's own data processing policy and it will be up to the organisation to ensure that the processing of any relevant personal data by it is in compliance with the applicable data protection regulations.
• Subject to that, the default setting in relation to ratings relating to an individual is that those ratings are only accessible to anyone else if the individual changes the relevant settings on the platform to allow this; however, although the individual has control via the platform to change the settings so as to provide who is normally able to see their ratings, administrators within their organisation may also be able to see the ratings relating to them in appropriate circumstances and the individual's organisation will be a controller of all personal data included in ratings (of individuals, teams and the organisation as a whole) and will therefore have ultimate control over who the ratings are visible to and how the ratings are used.
• Ratings relating to an individual are retained by their organisation when they leave, and cannot be moved with the individual to their new organisation.
• Ratings relating to teams are visible to all members of the relevant team who are registered to use the platform; ratings relating to organisations are visible to all members of the organisation who are registered to use the platform.

The terms review and rating, when used in these terms of service, should be interpreted accordingly.

How does the review and rating process work?

A person can provide a review or rating via our platform in one of two ways:

• In response to a request for a review or a rating from a registered user; or
• Of their own volition (and without having been requested to do so), provided that the person providing the review or rating is themselves a registered user and has the email address of the person to whom they wish to send the review or rating.

A person providing a review or a rating may or may not be a registered user, and may or may not disclose their identity (they may choose to remain anonymous, although see the section below, regarding user anonymity, for more details about this).

All reviews or ratings must be directed via our platform to an individual email address (whether the review or rating is of the individual, or a team or organisation).   If the review or rating has been requested by a registered user, then it will be sent via our platform to the email address of the registered user who has requested it; if the review or rating is provided via the "Review Me" button on the relevant registered user's profile, then it will be sent direct to that registered user; otherwise, the person providing the review or rating must when doing so provide an email address for the individual to whom the review or rating is to be sent.

Where a review or rating is sent to a registered user by someone outside their organisation, or to any individual who is not a registered user, then the review or rating will be subject to acceptance by that registered user or other individual; once a review or rating is made, the registered user or other individual will be notified via email by our platform and the review or rating will be included in that email.  The registered user or other individual to whom the review or rating is sent may then (at their discretion):

• Reject the review or rating; in which case the rating or review will be deleted.
• Accept the review or rating; in which case the review or rating will be stored on our platform and will be accessible to the individual to whom it was sent and (in appropriate circumstances) to other registered users within the same organisation.  The review or rating may also be accessible outside the relevant organisation if appropriate permissions have been granted by the individual to whom it was sent or by their organisation (as appropriate). 

If the individual to whom a review or rating is sent neither accepts nor rejects it, then after one month the review or rating will expire automatically and will be deleted.  If the individual to whom a review or rating is sent is not already a registered user, then in order to accept the review or rating (but not to reject it), the individual will need to become a registered user.

Reviews and ratings provided by someone within the same organisation as the registered user to whom they are sent will be added automatically to that registered user's profile, and the registered user notified accordingly.  In relation to reviews, the registered user will then be able to delete them if they are not accepted.  Ratings can only be deleted by us or by the relevant registered user's organisation, but the registered user can raise objections to given ratings with us, and we can delete the rating or block the person that sent it from using the platform, if appropriate (see below).

Who is responsible for the content or reviews or ratings?

The individual providing a review or rating, together with their organisation if they are acting on its behalf in providing the review or rating, are solely responsible for the content of the reviews or ratings that they provide.  Except as set out below, we do not control the content of reviews or ratings provided via our platform and we are not responsible for the content of the reviews or ratings that are provided.

All reviews and ratings sent to a registered user from outside their organisation, or to an individual who is a not a registered user, are subject to acceptance by the registered user or other individual to whom they are directed, and they will only be stored on and made available via our platform once they are accepted.  If they are accepted, then reviews may still be deleted by the registered user to whom they were originally directed and ratings may in appropriate circumstances and on request still be deleted by us or by that individual's organisation. 

Deletion of reviews or ratings by us

We reserve an absolute discretion to delete any rating or review at any time (without seeking anyone's consent to do so) if in our opinion (acting reasonably) the rating or review concerned (or any registered user or other person with which the rating or review is connected) breaches our acceptable use policy or these terms of service.

If you are a registered user or other individual affected by a review or rating and you have any complaint about the review or rating concerned or about the conduct of the individual or organisation which provided the review or rating, then you may notify us of your complaint and we will investigate it.   Reviews can always be deleted at will by a registered user to whom they relate (so you can do this yourself at any time if you are a registered user); we may delete ratings if, in our opinion, they breach our acceptable user policy or these terms of service; your organisation may delete ratings if it wishes to do so, in line with its own policies.   We may also block (temporarily or permanently) from use of the platform any user who, in our opinion, breaches our acceptable use policy or these terms of service. 

Use of automated tools by us

We may if we choose to do so from time to time implement automated tools on our platform the purpose of which are to assist in ensuring compliance with our acceptable use policy; for example, tools which act automatically to prevent use of prohibited expressions as part of reviews or ratings.   We do not have to do this but, if we do, this should not be taken to imply any review or moderation on our part of reviews or ratings; the sole responsibility for the content of all reviews or ratings remains with the person or organisation providing them.

No warranties or other terms with regard to accuracy of profiles, reviews or ratings

We are not a recruitment or employment agency and we do not give or enter into any representation, condition, warranty or other term as to the accuracy, completeness, currency, correctness, reliability, integrity or quality of any information contained in any profile, review or rating of any individual, team or organisation that may be accessible via our platform.  We do not vet any individual, team or organisation and you acknowledge and agree that you, and not we, are solely responsible for any conclusions you may draw or actions you may take based on any information contained in any profile, review or rating. 

What happens if a person providing a review or rating chooses to remain anonymous?

Individuals providing reviews or ratings via the platform may choose to include their identity in the review or rating or to remain anonymous.  However, if you choose to remain anonymous, you acknowledge and agree that:

• The identity of your organisation (if relevant) will be included in the review or rating.
• You may nevertheless be identifiable from the content or context of the review or rating; your anonymity cannot be guaranteed.
• We will still know your identity; although we will not normally disclose this to anyone else (for example, the subject to the review or rating), we may do so if: we are required by law to do so; you are in breach of our acceptable use policy; or if disclosure is otherwise reasonably necessary for the establishment or enforcement of the legal rights of any affected person.

How do we process personal data?

We process personal data in the course of operating the platform and providing our services in accordance with our privacy policy, which forms part of these terms of service.

If you are an organisation with users registered to use our platform, then you will be a controller of the ratings data relating to you, your teams and your individual members of staff (to the extent that the ratings data concerned includes personal data), and your acknowledge and agree that it will be your responsibility to ensure that you comply with your obligations as a controller and that the relevant personal data is processed by you and your staff in a lawful and appropriate manner.

To what standards do we provide our services?

We will use our reasonable commercial endeavours to ensure that the platform is available for use by registered users 99.5% of the time (measured in minutes on a monthly basis), subject to any downtime that is reasonably necessary for the purpose of planned or emergency support and maintenance, or to address any threat to the security or integrity of the platform or the information processed on it (all of which downtime will be disregarded for the purpose of calculating the percentage availability during any given month).  We will use our reasonable endeavours to give registered users notice of any planned or emergency downtime, and to keep such downtime to a minimum.

We provide our services in accordance with the description set out in these terms of service; subject to that, our services will be provided with reasonable care and skill, provided that you acknowledge and agree that you are solely responsible for any use that you make of the platform and our services.

Except as set out in these terms of service, to the fullest extent permitted by law, all other conditions, warranties, or other terms of any kind (express or implied) are hereby excluded. 

What are the charges for use of the platform and what payment terms apply?

Our core service is provided free of charge. If you register for, or upgrade to, the premium service then charges will apply.  The charges for the premium service are as set out in the pricing pages on the platform or as otherwise notified to you in writing from time to time.   Unless stated otherwise by us, charges are payable monthly in advance and include VAT.  Charges are liable to change from time to time.

It is always possible that, despite our best efforts, a particular premium service listed on the platform may be incorrectly priced. Where the correct charge for a premium service is less than our stated charge, we will charge the lower amount to you. If the correct charge is higher than the charge stated on the platform, we will normally, at our discretion, either contact you for instructions or reject your order and notify you of such rejection.

Unless agreed otherwise in writing with us, payment for all orders must be made by PayPal (either by PayPal account or by any of the credit or debit cards that PayPal accepts) on the checkout page. Charges are billed to the PayPal details you provide during the order process.

You should be aware that online payment transactions using a credit or debit card may be subject to validation checks by your card issuer and we are not responsible if your card issuer declines to authorise payment for any reason. Please note, it is possible that your card issuer may charge you an online handling fee or processing fee. We are not responsible for this. Nor are we responsible for any charges or expenses (e.g. for overdrawn accounts, exceeding credit card limits, etc.) resulting from amounts correctly billed to you by us.

You authorise us to debit the PayPal account or PayPal-accepted credit or debit card you provide during the order process (as the case may be) automatically, on an ongoing basis, for all charges payable by you in relation to any Service in accordance with these terms and conditions, until your subscription is cancelled or until you provide us with an alternative credit or debit card for which you are the authorised cardholder.

You are responsible for any charges to your account. If you have questions regarding charges to your account, you should contact us.

If you do not pay us charges you owe us on time (including if any correct charge to your credit or debit card is not authorised), we may suspend or terminate your access to the platform (and we reserve the right to pursue any available legal remedy to collect the amount owed by you). However, charges will continue to be incurred until the account is closed.

How are accounts renewed or cancelled?

You may cancel the core service at any time by notice to us, and your subscription will terminate immediately.

The premium service is priced monthly (as shown on the pricing options page of the platform: http://www.viewshub.com/site/solutions/plans.aspx) and involves an ongoing monthly subscription which will automatically renew from month to month (unless we no longer make the premium services available, in which case we will notify you) and charges will be billed monthly unless you contact us, before the end of your then-current subscription period, to notify us that you do not want your subscription to be renewed.

If your notification not to renew is received by us at least three days prior to the end of the then-current billing month, your subscription will end at the end of that billing month. If your notification not to renew is received by us less than three days prior to the end of the then-current billing month, charges to your account may continue until the end of the following billing month.

When may we suspend or terminate the operation of the platform or your use of it?

We may, from time to time, with or without prior notice, suspend the operation of the platform (in whole or in part) for repair or maintenance work or in order to update or upgrade any contents, features or functionality.

We may suspend or terminate access to the platform if we need to do so in order to comply with legal or regulatory requirements, provided that we will give you as much notice as we reasonably can.

We may, with or without prior notice, suspend or terminate your use of your account, password, the platform or our services in the event that:

• You breach any these terms of services;
• You breach our acceptable use policy;
• You fail to pay any correctly billed charges when due;

Upon termination:

• All rights granted to you in relation to the platform and our services will come to an end;
• You must promptly discontinue all use of the platform and our services; and
• You must pay us all outstanding amounts that you owe us.

How may we use any logos or other material uploaded by you?

You agree that if you upload any logo (for use if you elect to order a white-labelled version of the platform or our services, where available) or any other material to us via the platform (including the content of any job advertisement), you grant us and our affiliates a perpetual, irrevocable, worldwide, non-exclusive, royalty-free and fully sub-licensable right and licence to use, reproduce, publish, perform and display such material. We do not acquire any intellectual property rights in such material, which remain with you or your licensors, but by uploading such material via the platform you agree and represent to us that you have authority to do so and to grant the foregoing licence to us.

What is our liability to you?

Nothing in these terms of service shall limit or exclude our liability to you: for death or personal injury caused by our negligence; for fraud or fraudulent misrepresentation; for breach of any obligations applying directly to us under the GDPR with regard to the processing of any personal data relating to you as an individual data subject; or for anything else in respect of which liability under English law may not be limited or excluded.

Our platform and services are intended for use solely by persons acting for the purposes of their trade, business, craft or profession, and are not intended for consumer use.  Subject to that and to the clause above:

• If you are an individual acting wholly or mainly outside your trade, business, craft or profession, then in no event shall we be liable to you for any business losses; and 
• Otherwise, in no event shall we be liable to you for any indirect, consequential or special losses, or for any loss of profit, revenue, contracts, data, goodwill or other similar losses, and any liability we do have for losses you suffer is strictly limited to losses that were reasonably foreseeable at the date on which you registered to use, or first used, the platform.

Subject to the above terms with regard to limitations and exclusions of liability, our total liability to you arising under or in connection with your use of the platform or our services, or for any breach or non-performance of our obligations to you shall be limited to the greater of: the total amount of charges due from you in the period of 12 months preceding the month in which the relevant claim arose; or £500; and provided that in no circumstances shall our liability to you (regardless of the number or nature of any relevant claims) exceed £10,000 in the aggregate.

What other terms apply?

You may not transfer or assign any or all of your rights or obligations under these terms of service, or otherwise in relation to the platform or our services.

All notices given by you to us must be given in writing to the address set out at the end of these terms and conditions. We may give notice to you at either the email or postal address you provide to us when registering or using the platform.

If we fail to enforce any of our rights, that does not result in a waiver of the rights concerned.

If any provision of these terms of service is found to be unenforceable, all other provisions shall remain unaffected.

These terms of service may not be varied except with our express written consent.

These terms of service and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract.

These terms of service shall be governed by English law, and you agree that any dispute between us regarding your use of the platform or our services, or otherwise relating to our obligations to you, will only be dealt with by the English courts, provided that, if you are a consumer and not a business user and live in a part of the United Kingdom other than England, the applicable law of that part of the United Kingdom will govern and any dispute will only be dealt with by the courts there. Nothing shall prevent us from bringing proceedings to protect our intellectual property rights before any competent court.

How do you contact us?

Please submit any questions you have about your use of the platform or services or about these terms of service:

by email to: Contact Us

or write to us at:

ViewsHub Limited

15-19 Cavendish Place

London

W1G 0DD

These are the terms of service for the platform at www.viewshub.com. The platform is operated by ViewsHub Limited. We are a limited company, registered in England. Our registered company number is 06838376, and our registered office is at 15-19 Cavendish Place, London W1G 0DD. Our VAT registration number is GB 110764053.