Terms of Business

1. User's acknowledgement and acceptance of terms

Below are the Terms of Business that are applicable to your use of Spacewalk’s services and use of the “Platform”, which means any website, application, or service we offer including any content we offer and any electronic communications we send together referred to herein as “Services”). You should read the complete these Terms of Business (“Terms”) because these terms are our legally binding agreement as between you and Spacewalk (“Agreement”).

By using the Platform, you are agreeing to these Terms. If you do not or are unable to agree to this Agreement, do not use our Platform. If you breach these Terms, we may suspend or terminate your account.

The term “Spacewalk” means Spacewalk Group Ltd and its corporate parent, affiliates, or subsidiaries (“Spacewalk”, “we” “our” or “us”). We use the terms “you” and “your” to mean any person using our Platform, and any organisation or person using the Platform on an organisation’s behalf.

We charge for certain aspects of our Platform, and some of these fees are billed on a regular and recurring basis (unless otherwise agreed, or if you disable auto-renewal or cancel your subscription).

Revisions to this Agreement. We may modify these Terms from time to time. When we do, we will provide notice to you by publishing the most current version and revising the date at the top of this page. If we make a material change to these Terms, we will provide additional notice to you, such as by sending you an email or displaying a prominent notice on our Platform. By continuing to use the Platform after any changes come into effect, you agree to the revised Agreement. If you do not wish to accept the revised Terms, you can close your account.

2. Membership

Registration. To use our Services as a client you must register as a business member by providing complete and accurate full name, password and email address. If you are using our Services for an organisation, you agree to this Agreement on behalf of that organisation, and represent you have authority to bind that organisation to the terms contained in this Agreement.

License to the Platform and Services. Subject to your compliance with these Terms, Spacewalk grants you a limited, non-exclusive, revocable, non-sublicensable, non-transferable right to use the Platform in order to access and use the services and features that we make available to you.

3. Talent marketplace admins

If you start and/or administer a talent marketplace on Spacewalk these Terms apply to you as the “Admin” of that marketplace.

You agree that the talent marketplace(s) you are the Admin of must:

adhere to our Code of Conduct
not have extended periods of inactivity
present professionally to its users, including its marketplace banner, logo and description.

You acknowledge that we have the right to:

re-categorise a marketplace listing that is incorrectly categorised
scrutinise the quality of supplied media assets and provide constructive feedback where possible to increase the performance and experience of its users
remove any talent marketplace discussion posts that we determine are in breach of our Code of Conduct
remove any talent marketplace from Spacewalk that we determine materially breaches our Code of Conduct or Spacewalk’s core purpose
remove any free talent marketplace after 30 days of inactivity
remove any paid-for talent marketplace after 14 days of late payment
transfer the Admin role of the talent marketplace(s) you have been administering to other user(s) in the event your Agreement with us is terminated.

4. Posting opportunities

If you post an opportunity (ie a job, contract, gig, internship, secondment, etc) on Spacewalk these Terms apply to you.

You acknowledge that each opportunity listing will naturally expire after the set number of days stipulated by the product, from the date of publication.

You agree that each opportunity you post must:

relate to unique opportunities only
be correct, and it is your responsibility to update the role listing if there is an error
present professionally to its users, including the logo and opportunity description
not be for any purpose other than for recruitment purposes in respect of genuine work opportunities.

We also encourage you to provide informative communication to applicants about what stage of the hiring process they are in.

You acknowledge that we have the right to:

re-categorise an opportunity listing that was incorrectly categorised
where necessary, disable any hyperlinks in an opportunity posting
where necessary, remove any opportunity postings from Spacewalk
provide communications to the applicants for your opportunity when it expires or is closed.

5. Pricing and payments

Pricing: Spacewalk’s pricing is set out on the Platform. Some of the features on our Platform are free and charges apply for other features. Prices stated exclude applicable taxes (where applicable). You must pay for the product by one of the methods set out on the Platform. Your payment will be processed upon receipt of your order. You must not pay, or attempt to pay, for an order through any fraudulent or unlawful means. If your payment is not able to be successfully processed, then your order may be cancelled.

Modification to the pricing and terms: We may in the future implement a new fee, or modify an existing fee, for certain current or future features of our Platform. If we implement a new or modified fee, we will give you notice in advance such as by posting changes on our Platform or sending you an email.

Orders: You may order from us as set out on the Platform. We may at our discretion accept or reject an order at our sole discretion depending on factors including availability of products and our ability to validate payment for the products. It is your responsibility to check the order details, including product and pricing, before you complete your order on the Platform. We will provide you with order details, which may include an order number and a description of what was ordered, when you order and pay on the Platform and your payment has been validated.

Availability and cancellation: If there is a considerable delay, or if for any reason we cannot supply a product you have ordered, we will contact you using the contact details provided by you when you placed the order. You can choose a refund or credit.

Payments: Fees for certain aspects of our Platform may be billed on either a recurring basis or on a one-time basis. If billed on a recurring basis, the fees are payable in advance of the applicable period specified via one of the methods set out on the Platform and we will automatically bill you for each renewal period until cancellation of the next renewal period (provided written notice is provided to us at least 5 working days before the next billing cycle due date). By purchasing any feature or other aspect of our Platform for which we charge, you authorise us to keep your payment current by charging the applicable fee. No credits for unperformed services are possible. Spacewalk does not issue either partial or full refunds, including the cases when your services are suspended or terminated before the end of the Services.

Billing Disputes: It is your responsibility to review all charges for accuracy. Within 30 days you can dispute the charge. After 30 days we will consider that all charges are valid and thereby, you waive any claims regarding this charge.

Fair use: Spacewalk reserves the right, at its sole discretion, to limit the number of free products and services utilised by a client.

6. Use of client's name, trademark and content

Spacewalk owns the Platform, but we do not have any rights in relation to your trade names, trademarks, or your content uploaded onto our Platform. However, to enable us to operate, improve, promote, and protect Spacewalk and our Platform, you hereby grant us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable, transferable right and license (including a waiver of any moral rights) to use, copy, host, store, reproduce, modify, publish, publicly display, publicly perform, distribute, and create derivative works of, your content and to commercialise and exploit the copyright, trademark, publicity, and database rights you have in your content in connection with the Services, the Platform and Spacewalk’s (and its successors’ and affiliates’) business, including for the purpose of promoting and redistributing part or all of the Services and its Platform.

You also grant each other user of the Services and the Platform a worldwide, non-exclusive, royalty-free license to access your content through the Services, and to use that content, including to reproduce, distribute, prepare derivative works, display, and perform it, only as enabled by a feature of the Services and/or for the purpose of using the Platform. For clarity, this license does not grant any rights or permissions for a user to make use of your content independent of the Service and /or Platform.

The foregoing licenses survive termination of our Agreement with regard to content provided prior to termination and would permit your content to remain on the Platform, even after you cease to be a member of Spacewalk or of the Platform.

Clients may use Spacewalk’s trade name, trademarks, and service marks (collectively, “Spacewalk’s Marks”) for promotional purposes. Client must submit a copy of promotional materials to Spacewalk for its prior written consent.

Publication. There may be occasions when Spacewalk would like to make known that it acts or has acted for you with respect to the supply of its Services hereunder and you hereby consent to Spacewalk publicising this. For the avoidance of doubt, Spacewalk will not disclose any Confidential Information about your business or any particular arrangement with you unless otherwise approved by you. You hereby grant permission to Spacewalk to reprint, publish and use for distribution your company's name and logo (“material”) as a Spacewalk client. The material can be used by Spacewalk on its website, blog, social channels and your company name can be mentioned on press releases. To remove this, please contact our team: hello@gospacewalk.com.

7. Your obligations relating to content

We require that you follow our policies and guidelines when using our Platform.

You are responsible for the content that you post to the Platform or otherwise provide to Spacewalk. We use the word “content” to mean the information, material, and any other content that you post to the Platform or otherwise send to us. It does not include user data or data about or provided by other members.

By being responsible for your content, you agree, among other things, that:

You have all the permissions, rights, and licenses needed (including under copyrights, trademarks, contract rights, privacy rights, or publicity rights) to provide the content to the Platform and to Spacewalk;
Your content does not include personal, private or confidential information belonging to others (unless it has been provided with their explicit consent confirmed in writing); and
Your content does not otherwise violate the rights of any individual or entity. For example, the content you submit must not include third-party intellectual property unless you have permission from that party or are otherwise legally entitled to do so.

At our sole discretion, we reserve the right to remove any content if we determine, in our sole discretion, it to be unlawful, offensive, threatening or violating third-party copyrights.

Additional Terms: You also agree that you and your content comply with these Terms, including any policies and guidelines notified to you on the Platform. You also agree that we may remove the metadata associated with your content. In addition, your access to and use of some areas or features of the Platform may be subject to additional terms, policies, standards or guidelines (“Additional Terms”). You may be required to accept these Additional Terms before you can access these Platform areas and features. If there is a conflict between these Terms and the Additional Terms, those Additional Terms will govern your access to and use of that Platform area or feature, unless otherwise specified in the Additional Terms.

If you do not comply with these Additional Terms, we may modify, suspend, or terminate your account or access to the Platform, in our sole discretion.

Content of Others. We have no responsibility for content that anyone other than Spacewalk posts to our Platform. When we become aware of inappropriate content on our Platform, we reserve the right to investigate and take appropriate action, but we do not have any obligation to monitor, nor do we take responsibility for the content of other members and users. Spacewalk does not conduct or require background checks on members or users and does not attempt to verify the truth or accuracy of statements made by members and users. Spacewalk makes no representations or warranties concerning the conduct or content of any users or their interactions with you.

8. Prohibited activities

In addition to other restrictions outlined in these Terms, you agree that you will not:

Use the Services for any illegal purposes, beyond the scope of their intended use, or otherwise prohibited in these Terms.
Publish Content which is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms.
Compromise security of the Services.
Send any unsolicited advertising, spam or any other unauthorized promotional materials
Attempt to copy or replicate the Services provided in any shape or form.

9. Platform modifications

We reserve the right to update the platform at any time without notice. Updates may include, but not by limited to, adding/ removing functionalities and bugs fixes. There are no warranties that the updated version will not contain bugs or will not affect your use of the Services.

10. Disclaimer of warranties

All materials and services on the Platform are provided on an "as is" and "as available" basis without any warranty of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement. Without limiting the foregoing and subject to all applicable laws, we make no warranty that (a) the services and materials will meet your requirements, (b) the services and materials will be uninterrupted, timely, secure, or error-free, (c) the results that may be obtained from the use of the services or materials will be effective, accurate or reliable, or (d) the quality of any products, services, or information purchased or obtained by you from the Platform from us or our affiliates will meet your expectations or be free from mistakes, errors or defects.

You understand and agree that temporary interruptions of the services available through this Platform may occur as normal events. You further understand and agree that we have no control over third-party networks you may access in the course of the use of the Platform, and therefore, delays and disruption of other network transmissions are completely beyond our control.

11. Limitation of liability

In no event shall we or our affiliates be liable to you or any third party for any special, punitive, incidental, indirect or consequential damages of any kind, or any damages whatsoever, including, without limitation, those resulting from loss of use, data or profits, whether or not we have been advised of the possibility of such damages arising out of or in connection with the use of the Services or the Platform. Our liability in connection with the Platform is limited to the fees you paid to us in the 12 months preceding the claim or £100, whichever is greater. Further, we shall not be liable in any way for third-party goods and services offered through the Platform or for assistance in conducting commercial transactions through this Platform.

12. Termination of use

You agree that we may, in our sole discretion, terminate or suspend your access to all or part of the Services or the Platform, with or without notice, in the event that you or any of your employees, personnel or representatives breach these Terms. We may also terminate our Services or your access to the Platform for any reason upon providing you with 7 days’ notice, in which case, any fees paid upfront for Services not yet rendered will be reimbursed to you.

13. Miscellaneous

Feedback: If you make any suggestions about Spacewalk, the Platform or its features (including any related technology), we will be free to use, disclose, reproduce, modify, license, transfer and otherwise distribute, and exploit any of the foregoing information or materials in any manner without compensation.

Notices: All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Support at hello@gospacewalk.com. In addition, we may broadcast notices or messages through the Platform to inform you of changes to the Platform or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.

Entire Agreement: These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersede all prior agreements and understandings of the parties with respect to that subject matter.

No Waiver: Any failure by us to enforce or exercise any provision of these terms or related rights shall not constitute a waiver of that right or provision.

Survival: Terms relating to Fees, Payments, Intellectual Property and Content, and any other provisions necessary to give effect to these provisions, shall survive any termination or expiration of this Agreement.

Governing Law: These Terms are governed by the laws of England and Wales.

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Last updated 20 June 2022