RECREAX TERMS OF USE

Last Updated 05 SEPT,2024

Welcome to ReCreaX Limited (ReCreaX)

ReCreaX Limited ("ReCreaX" also referred to as "we", or "us") a company incorporated in England & Wales with its registered address at 128 City Road, London, UK, EC1V 2NX and accessible via https://recreax.com establishes these terms of use ("Terms") for your use of our platform and services

You, the tech professional participating in our programs, training, and real-world project-based learning experiences, are referred to as " Talent" in these Terms.
Project Sponsors refer to Businesses, companies and start-ups that are collaborating with ReCreaX on real world projects

By clicking on " Agree" (or similar button or checkbox) when registering, accessing, or using our platform and services, you confirm that you are bound by these Terms. If you do not agree to these Terms, do not click " Agree" (or similar button or checkbox), register, access, or use our platform and services.

OVERVIEW

These Terms govern your use of all ReCreaX offerings, including the website, app, programs, training, and any other services we offer (collectively, the " Services"). By accessing or using any of them, you agree to these Terms. If you disagree, you cannot use ReCreaX.

If you have any questions about these Terms, please contact us by sending an email to:info@recreax.com

Eligibility

To be eligible to register as a Talent, you must:
Be at least 18 years old
Have a genuine interest in acquiring and honing tech skills.
Be willing to commit your time and effort to work on real-world projects provided by startups and small businesses.
Agree to abide by these Terms and any additional guidelines provided by ReCreaX.

PART A: For When Talents Use the Services

REGISTRATION:

1.1 SIGN UP BY TALENTS

  1. By registering to make use of our Services through the Website or App ("Registration") you represent and warrant that:
    • i) You have the legal capacity and are of sufficient age to enter into a binding contract with us;
    • ii) The information you provide during and after registration is accurate, up-to-date, and complete.
  1. By submitting your Registration, you indicate your intention to enter into Part A of these terms (including Part C which you agree to by using this Website or App), whereby we will provide the Services you request.
  2. Upon successful registration and confirmation email from us, these terms become a binding agreement between us.
  3. Each registration is for a single user only.

ACCOUNTS

2.1 Accounts:

  1. To use the website or app's functionality, you must sign up for an account through our Website and app ("Account").
  2. As part of the Account registration process, you are required to provide personal and professional information such as your email address, first and last name, date of birth, country of residence, professional qualifications, a secure password, and other information and any other details we may require from time to time.
  3. You agree that you're solely responsible for maintaining the confidentiality and security of your Account information and your password
  4. Once you complete the Account registration process, we may, in our absolute discretion, choose to accept you as a registered user within the Website or App and provide you with an Account.
  5. We may contact you or take action (including suspension) for any concerning behavior or violation of these Terms.
  6. Providing false or incomplete information may lead to account suspension and limit your use of the platform. We are not responsible for any problems caused by inaccurate information.
  7. We reserve the right to remove, reclaim or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
  8. ou consent to receive notifications from us electronically at the email address you provided. You agree that all notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing

Account Cancellation

  1. Cancellation by you: You may cancel your Account at any time by contacting us via email. Upon cancellation, your right to use the Services will immediately cease. Please note that cancellation under this Section does not entitle you to a refund for any used services and outstanding fees for the current project subscription period will become due and payable immediately.
  2. Cancellation by us: To the extent permitted by law, we reserve the right to suspend or terminate your account at our discretion, without notice, for conduct that we believe violates these Terms or is harmful to other users, us, or third parties. If you cancel your account or Subscription Term in accordance with Section 2.2 (a), we will refund any fees for Services you have paid for but not received. We may also terminate your access to any or all parts of the Website or App at any time without notice for violation of any terms in this agreement. We do not offer refunds for account cancellation due to Terms violations.
  3. Cancellation for Non-payment: ReCreaX may suspend Talent’s rights to use the Services in a project if payment is overdue, and ReCreaX has given Customer no fewer than seven (7) days’ notice.

Part B: Terms for When You Browse and Interact with this Website and App

ACCEPTABLE USE:

  1. You agree not to use the Website or App in any manner that causes, or may cause, damage to the Website or App or impairs the availability or accessibility of the Website or App.
  2. You must not use our Website or App in any unlawful, illegal, fraudulent, or harmful way.
  3. You also agree not to use our platform for illegal or misleading activities, or for any marketing purposes without our permission.
  4. Engaging in a prohibited use of the Services may result in civil, criminal, and/or administrative penalties, fines, or sanctions against you and those assisting you.

WARRANTIES

To the maximum extent permitted by law, ReCreaX excludes all representations and warranties relating to the subject matter of these Terms, our Website or App, and the use of our Website or App.

2.1 DISCLAIMER OF WARRANTIES:

  1. Your use of our Services is at your sole risk.
  2. You acknowledge and agree that the Services are provided on an "as is" and "as available" basis.
  3. ReCreaX disclaims all warranties, express or implied, including but not limited to, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
  4. ReCreaX makes no warranty or representation that the Services will be uninterrupted or error-free,
  5. ReCreaX does not warrant or represent that the information published on the Website or App is complete or accurate or that the material on the Website or App is up to date,
  6. We do not represent that the Website or App or any service on the Website or App will remain available.

2.2 LIMITATIONS

ReCreaX shall not be liable for any harm to your computer system, loss of data, or other harm that results from your access to or use of the Services or for the deletion of, or failure to store or transmit, any content and other communications maintained by the Services

2.3 MODIFICATION

We reserve the right to modify or discontinue any or all of our Services, and to stop publishing our Website or App, at any time without notice or explanation.

2.4 TALENT'S REPRESENTATION

You represent, warrant and covenant that
no materials of any kind submitted through your account will violate, plagiarize, or infringe upon the rights of any third party, including copyright, trademark, privacy or other personal or proprietary rights,
you are at least eighteen (18) years old

3. LIMITATIONS AND EXCLUSIONS OF LIABILITY

3.1
To the maximum extent permitted by applicable law, ReCreaX shall not be liable for any indirect, incidental, special, consequential or punitive damages, loss of profit, income, revenue or any loss of data, corruption of data or database software, use, goodwill, or other intangible losses, resulting from:

  1. your access to or use of or inability to access or use the services
  2. any conduct of any third party on the services, including without limitation, any offensive or illegal conduct of other users or third parties
  3. unauthorized access, use or alteration of your transmissions or content

3.2 Nothing in these Terms will:

  1. limit or exclude any liability for death or personal injury resulting from negligence;
  2. limit or exclude any liability for fraud or fraudulent misrepresentation;
  3. limit any liabilities in any way that is not permitted under applicable law; or
  4. exclude any liabilities that may not be excluded under applicable law.

3.3
The limitations and exclusions of liability set out in this Section and elsewhere in these Terms and conditions are subject to Sections 3.1 and 3.2 above; and govern all liabilities arising under these Terms and conditions or relating to the subject matter of these Terms and conditions, including liabilities arising in contract, in tort (including negligence) and for breach of statutory duty.

3.4
You acknowledge our interest in limiting the personal liability of our officers and employees. Considering this, you agree not to bring any personal claims against our officers or employees for any losses you suffer in connection with the Website or App or these terms and conditions. This does not limit or exclude the liability of ReCreaX itself for the actions and omissions of our officers and employees.

4. INDEMNITY

You agree to indemnify and hold harmless ReCreaX, its affiliates, officers, agents, and employees from any claims, damages, liabilities, costs, and expenses (including without limitation legal expenses and any amounts paid by us to a third party in settlement of a claim or dispute on the advice of our legal advisers) incurred or suffered by us arising out of your use of the Services, including but not limited to:

  1. Any breach of these Terms by you.
  2. Any negligent act or omission by you.
  3. Any claims arising from your content or activities on the platform.

PART C: Liability and Other Legal Terms

  1. TALENTS RIGHTS
    1. If you are a Talent, we are under a legal duty to supply Services that are in conformity with these Terms.
    2. Nothing in these Terms will affect your legal rights.

  2. LIABILITY
    To the maximum extent permitted by applicable law and subject to Section 3 of Part B, we exclude all representations, warranties, and conditions relating to our Website or App and the use of our Website or App (including, without limitation, any warranties implied by law in respect of satisfactory quality, fitness for purpose, and/or the use of reasonable care and skill).

  3. WAIVER
    Our failure to enforce any provision of these Terms or to respond to a breach by you or other parties will not in any way constitute a waiver of our right to enforce subsequently any terms or conditions of these Terms of Service or to act with respect to similar breaches.

  4. RELEASE
    You hereby release us from any and all claims, demands, and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with any disputes between you and any third parties in connection with the Website or App.

  5. GOVERNING LAW
    These Terms shall be governed by and construed in accordance with the laws of England and Wales.

  6. DISPUTE RESOLUTION
    1. In the event of any dispute, controversy, claim or differences arising between the parties in relation to this agreement, the parties shall take all reasonable steps to amicably resolve such between themselves.
    2. Where the Parties are unable to resolve any dispute amicably within thirty days of the occurrence of such dispute. The Parties shall submit to a panel of 2 Arbitrators and each party shall appoint one Arbitrator. The seat of Arbitration shall be in London. The Arbitration shall be conducted in accordance with the 2021 Rules of Arbitration of the International Chamber of Commerce (ICC) and the decision of the Arbitral panel shall be final.

  7. SEVERABILITY
    If any portion of these Terms is held by any court or tribunal to be invalid or unenforceable, either in whole or in part, then that part shall be severed from these Terms and shall not affect the validity or enforceability of any other part in these Terms.

  8. PRIVACY POLICY
    Our Privacy Policy describes how we handle the information you provide to us when you use the Services. You understand that through your use of the Services you consent to the collection and use (as outlined in the Privacy Policy) of this information, including the transfer of this information to the United States, and/or other countries for storage, processing, and use by us and our affiliates.

Part D: Code of Conduct Applicable to Talents

All Talents must comply with this Code of Conduct in the performance of their obligations or exercise of their rights under these Terms.

  1. Treat everyone involved in the Program with respect and courtesy. Bullying, harassment, or any form of misconduct will not be tolerated.
  2. Adhere to guidelines set forth by ReCreaX, partner organizations, and actively participate in program activities. This includes timely responses to communications and maintaining honesty and integrity throughout. Misrepresentation of information is strictly prohibited.
  3. Maintain strict confidentiality over all proprietary information belonging to ReCreaX, partner organizations, and project sponsors.
  4. Acknowledge that the program is strictly online, unpaid, and short-term. Treat it as a learning experience to gain new skills and experience.
  5. Any work you produce as part of a ReCreaX project must be original and not infringe on the intellectual property rights of others.
  6. Confidential information from project sponsors should be used solely for work purposes. With permission, it can be used for work experience, but approval must be obtained before including such information in any reports or presentations. Breach of this provision could result in termination of your Program and Placement.
  7. Follow the rules provided by the project sponsors, this Code of Conduct, and the laws of your host and home countries. Your project sponsor may dismiss you from the Program for non-compliance, and we are not obligated to find you another internship in such circumstances.
  8. Maintain open communication with program managers to address any issues. Abusive or discourteous behaviour towards ReCreaX staff may result in exclusion from the program.
  9. Provide feedback through the feedback form at the end of your Placement.