1. WHEREAS
1.1 www.mission.guru (the “Site") is operated by Mission Accomplished Limited a company registered in England and Wales with the registered number 11165355.
1.2 All references to "mission.guru", "Mission Accomplished" or to the "Site" within these terms and conditions shall mean Mission Accomplished Limited.
1.3 These Terms and Conditions should be read in conjunction with the Site’s Privacy Policy, and these Terms and Conditions in combination with the Privacy Policy constitute the “User Agreement” which sets out the legally binding terms and conditions that apply to your use of the Site and the services available on the Site. By submitting this form, you are deemed to have read, understood and accepted the User Agreement and are bound by the terms contained therein. If you do not agree to the User Agreement in its entirety, please do not complete or submit this form.
1.4 We reserve the right to change any term or condition of the User Agreement at any time. Changes will take effect when posted on the Site. Whilst we will endeavour (but do not undertake) to inform users of any substantive changes, your continued use of the Site and/ or Services after such changes have taken effect will be deemed acceptance by you of the amended User Agreement.
2. SERVICES
2.1 The Site is an online platform, providing search services ("the Services") to individual freelance personnel looking for work ("Individuals"), corporate entities looking to supply services or facilities ("Suppliers") and corporate entities looking to hire the services of Individuals or the services or facilities of Suppliers ("Hirers") in the content production sector (the "Industry"). Some Services may not be available when the Site launches but may be added at a later date. The Site will also be a source of training, news and information about the Industry.
2.2 Hirers can use the Site to access Individuals’ CVs and profiles; advertise jobs; search and recruit for potential applicants; arrange a tender process for the provision of services and/or facilities from Suppliers and to create their own individual database (s) of specific Individuals and Suppliers (each such database an “Internal Database”).
2.3 An Internal Database may include notes created by the Hirer which relate to the profiles of Individuals or Suppliers whose details that Hirer has chosen to capture in that Internal Database. Any Internal Database created will be kept in the individual Hirer’s user area and any information within an Internal Database will remain private to that individual Hirer. Hirers accept that they will have individual control over the creation of Internal Databases and the content of any notes or materials which they may create or upload to them, accordingly Hirers recognise that they shall be data controllers in respect of any personal data contained in any Internal Database which they may create, maintain or control.
2.4 We reserve the right to improve, amend, or suspend the Service provided on the Site at any time without notice.
2.5 You may register on the Site to use the Services as an Individual or a corporate entity by completing and submitting the form on our registration page. You must be at least 18 (eighteen) years of age to register on the Site and use the Services. You must only register one account on the Site and you are not permitted to register if your account has been previously terminated, or is currently suspended, further to Clause 6 below. Creating or registering multiple accounts or profiles will be a breach of this User Agreement. Those who register with the Site are hereinafter referred to as "Users". When you register with us you will be sent an email with your password. You will use your email address and password ("User ID") to log in to your profile page and access the Services on the Site.
2.6 You should make every effort to keep your User ID safe and you are responsible for all actions taken with your User ID. It should not be disclosed to any other person, and no other person should be allowed, either directly or indirectly, to use your User ID or password. You shall be responsible for all activities and anything occurring through your account until your account is closed or you prove that your account security was compromised through no fault of your own.
2.7 You are solely responsible and liable for providing accurate and truthful registration details. Mission Accomplished does not vet and cannot and does not confirm or guarantee the purported identity of Users or the validity or the accuracy of the information which users post to the Site and accepts no liability or responsibility in respect thereof.
2.8 If you register as a corporate entity, you represent that you have the authority to bind that entity to this User Agreement.
2.9 Registration on the Site is free at the point of account creation. You are solely responsible for paying all expenses you may incur when you access or use the Site and Services including without limitation your internet or data service provider charges and any excess charges to that provider if you have a limit on the amount of data you can download together with all costs of the equipment and facilities you need to connect to and use the Site. We are not responsible if your own equipment or software is not compatible with the Site.
2.10 All copyright, trademarks and other intellectual property rights in the Services are vested in Mission Accomplished or its licensees. You may not copy, reproduce, store off-Site, modify in any way or transmit, distribute or make available to the public any material included on the Site (other than your own CV, profile or other personal information that you upload to the Site) and any other use requires the prior written consent of Mission Accomplished. You must always treat materials included on the Site in compliance with your obligations under this User Agreement and all applicable laws (including, for the avoidance of doubt Data Protection Legislation). Nothing set out in these terms and conditions shall be construed as granting any licence of any copyright, trademarks or other intellectual property to you or any third party. By uploading your CV and/or Company profile (including any text, artwork or photographs) you grant to Mission Accomplished and its licensees permission to use, edit and modify the information for reasons connected with the operation of the Site and/or Services and the right to use the artwork and photographs for the purposes of publicity. By registering with the Site as a corporate entity, you hereby grant Mission Accomplished and its licensees the right to use your Company name and logo/artwork on the Site and for the purposes of any publicity.
3. TERMINATION
3.1 Without limiting other remedies, we reserve the right to terminate, suspend or restrict your account without notice if:
3.1.1 You commit any breach of the User Agreement or we believe that you may commit a breach of the User Agreement;
3.1.2 You are/have engaged in, are about to engage in, or have been in any way involved in or linked to, fraudulent activity in connection with the Site;
3.1.3 We are unable to verify or authenticate any information you provide to us; or
3.1.4 We believe that your actions with regard to the Site may cause us financial loss or legal liability or damage our goodwill or bring us into disrepute or infringe any third party rights.
4. USER RESPONSIBILITIES
4.1 As a User, you are solely responsible for any information or materials you provide or communicate to others on the Site or when using the Services including without limitation information submitted in the registration process, your CV or any description of your own services and any other material, blogs, data or content (such as show reels) you post within the Site ("User Information").
4.2 You are solely responsible for ensuring that any opinions expressed in your User Information are genuinely held and that your User Information and activities on the Site are not:
4.2.1 False, inaccurate, misleading;
4.2.2 Offensive, threatening, abusive, obscene, violent, indecent, pornographic or otherwise injurious to third parties;
4.2.3 Defamatory of any person, company or organisation or in breach of confidence, privacy or any other rights;
4.2.4 In breach of or infringing copyright, patent, trade mark, trade secret or other proprietary rights or in breach of contract or any duty of confidence you may owe to any third party;
4.2.5 In breach of any applicable laws, codes or regulations (including, but not limited to, laws governing consumer protection, unfair competition, anti-discrimination, false advertising)
4.3 You must not use the Site or the Services in any way:
4.3.1 That causes, or is likely to cause, the Site or Services (or access thereto) to be interrupted, damaged or impaired;
4.3.2 For any fraudulent purposes, or in connection with a criminal offence or other unlawful or immoral activity;
4.3.3 To send or disseminate data, material or content which consists of or contains software viruses, macro viruses, trojan horses, worms, "spam" or anything else designed to interfere with, interrupt or disrupt the normal operating procedures of the Site or Services or to surreptitiously intercept, access without authority or expropriate any part of the Site or Services or any system, data or User Information contained therein;
4.3.4 For the purposes of political campaigning, commercial solicitation, chain letters or mass mailings;
4.3.5 Which may disrupt the Mission Accomplished community or cause problems for other users or which may be detrimental to the business of Mission Accomplished and which in the sole and unfettered opinion of the Mission Accomplished is inconsistent with the spirit of the User Agreement including without limitation sharing information on the Site with non-registered third parties;
4.3.6 Which could cause Mission Accomplished to violate any law, code or regulation; or
4.3.7 To charge other Users for access to your User Information or other personal information.
4.4 You are solely responsible for obtaining any clearances, permissions or otherwise in respect of third party copyright works, trade marks, designs or other intellectual property and other relevant rights such as the rights of publicity and likeness. Mission Accomplished accepts no liability for failure on the part of the User to do this.
4.5 You hereby warrant that you are entitled to upload, publish and exhibit your User Information on the Site and that no fees or royalties of any kind are payable by the Mission Accomplished or any third party in respect thereof. Without limiting the generality of the foregoing, Users who are uploading show reels must ensure that they have the right to upload the same onto the Site, including without limitation all necessary rights in any underlying material included within the show reel, which is not owned outright by the Users.
4.6 Except within the Site or as permitted under the User Agreement, you may not assist anyone to, or attempt to, reverse engineer, decompile, disassemble, adapt, modify, copy, reproduce, lend, hire, rent, perform, sub-license, make available to the public, create derivative works from, broadcast, distribute, commercially exploit or transmit the Site, the Services, the User Information or any other material posted on the Site.
4.7 You will only use the Site, Services and User Information for the purpose for which it is intended, namely: to publicize your services and/or recruit and search for personnel in the Industry.
4.8 You warrant that you shall only use information on the Site including, without limitation, User Information in accordance with your obligations in Clause 6 and data protection, privacy and all other applicable laws, codes and regulations. In particular you warrant that you will not extract, store or process any User Information from the Site for any purpose other than for the recruitment process you are engaging in and will at all times process the relevant User Information only for as long as is reasonably required in appreciation of the Data Protection Legislation data minimisation, purpose limitation and storage limitation principles. Extraction of User Information and off-Site storage or processing of such User Information that in our sole opinion is in contradiction of such principles will be deemed a breach of these Terms and Conditions. You further warrant that you will comply in all respects with the terms of the Mission Accomplished Privacy Policy (which can be found here) with respect to any User Information you collect or process within the Site and/ or Services. You accept the Mission Accomplished Privacy Policy and the Mission Accomplished Cookie Policy (which can be found here) and agree that you will not do anything that shall compromise our compliance with the Privacy Policy or the Cookie Policy nor do anything contrary to the Privacy Policy insofar as your use of the Site is concerned.
4.9 Without limiting the generality of the foregoing, all Users must where requested, in all cases give other Users an opportunity to update and/or remove their User Information and/or any reference to them from their own databases within the Site, as well as the opportunity to review the information they have collected about them. Users must respond to such requests on a timely basis. In addition, Users will remove all User Information about another User within two weeks of receiving a request from the Mission Accomplished to do so.
4.10 We may amend the Mission Accomplished Privacy Policy without notice and at our absolute discretion, and by continuing to use the Site you accept such changes.
5. LIABILITY AND INDEMNITY
5.1 The Site and the Services are provided on an 'as is' and 'as available' basis. We do not guarantee that the Site and/ or Services will operate efficiently or be free from errors or omissions nor that it will be available uninterrupted and in a fully operating condition.
5.2 The Site and/or Services may be suspended temporarily and without notice in the case of system failure, maintenance or repair or for reasons reasonably beyond our control. We will not be liable to you or to any other person in the event that all or any part of the Site and/ or Services are suspended, discontinued, modified or changed in any way or for the loss of your CV, profile or other User Information. In order to protect against system failure on the Site or Services, we strongly recommend that you back up any data which you upload onto the Site.
5.3 To the extent that we are able by law, we exclude liability for any direct, indirect or consequential loss or damage incurred by you or any third party (whether foreseeable or otherwise) in connection with the Service or its use, including, without limitation, loss of data, income, opportunity, goodwill or reputation. We do not accept any liability for identity theft or for misuse of the information you have provided. We accept no responsibility for any errors, omissions, inaccurate content or non-availability of the Service. We will not be responsible to any third party for the content or accuracy of any materials uploaded and you accept that it is your responsibility to upload your personal information onto the Site accurately.
5.4 We are not responsible, nor accept any liability for and do not endorse any features, content, advertising, products or other materials on or available from third party websites ("Third Party Sites") or APIs. We also do not screen, audit, or endorse Third Party Sites or APIs. Accordingly, if you decide to access Third Party Sites or use such API’s, we advise that you review their applicable terms and policies, emphasise that you do so at your own risk and you agree that your use of any API is on an "as-is" basis without any warranty from us as to the functionality of such API or any Third Party Site.
5.5 We are not responsible, nor accept any liability for any loss or damage suffered by you as a result of your decision to connect, communicate or exchange information (including without limitation User Information) with any other User. You specifically acknowledge that the use of the Site involves the disclosure of information about you, including sensitive personal information, to third parties and that their use of this information is not and cannot be controlled by the Mission Accomplished. You further acknowledge that this information may be downloaded or otherwise used by third parties. You confirm that you agree to bear all risks associated with the disclosure to and use by the third parties and that you will not hold Mission Accomplished responsible or liable for any acts or omissions of third parties which may infringe your rights in any way.
5.6 We process all User information in accordance with our obligations in Clause 6 and in accordance with the Mission Accomplished Privacy Policy. By using the Site and/or the Services, you consent to such processing and acknowledge your own obligations with regard to processing data in accordance with Clause 6 and the Mission Accomplished Privacy Policy. You agree that we may disclose the information you provide if required to do so by law or where we believe that such disclosure is necessary to respond to queries or to claims of an infringement of rights, for legal reasons or to enforce the terms of this User Agreement. You agree that it is your responsibility to put in place appropriate measures to protect your own personal information and that you will take all due care and attention in that respect. The Mission Accomplished accepts no liability for breach by you or any third party of the Mission Accomplished Privacy Policy, the violation by you or any third party of data protection legislation or the failure or omission by you or any third party with regard to data processing when using the Site or Services. In any event, to the extent permitted by law, our liability to you shall be limited to the cumulative total of subscription fees paid by you to Mission Accomplished.
5.7 All complaints or disputes between you and Mission Accomplished regarding the Site and/or the Services must be reported to Mission Accomplished at info@mission.guru. Mission Accomplished seeks to resolve disputes with its users fairly and within a reasonable time frame, but will have no liability if a resolution is not reached. However, Mission Accomplished is not responsible for dealing with disputes between users of the Site, which must be resolved between the users concerned. In the event that you have any right, claim or action against any other User arising from that User's use of the Site, you agree to pursue such right, claim or action independently of and without recourse to us, and you release Mission Accomplished (and our directors, agents and employees) from all claims, liability, damages, losses, costs and expenses, including legal fees, known and unknown, arising from or in any way connected with such right, claim or action.
5.8 You hereby agree to indemnify and hold us and our officers, directors, agents, and employees, harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach of this User Agreement, breach of copyright or any other intellectual property right or confidence or failure to comply with your User Responsibilities hereunder or your violation of any law, code or regulations including without limitation data protection legislation or the rights of a third party.
6. DATA PROTECTION
6.1 For the purpose of this clause the following terms shall have the following meanings;
Data Controller: shall have the meaning of ‘data controller’ set out in section 1 (1) of the DPA and, from the time of its implementation into law in England and Wales the meaning set out in Article 4 (7) of the GDPR or the equivalent clause of such legislation which may implement the same in the UK.
Data Processor: shall have the meaning of ‘data processor’ set out in section 1 (1) of the DPA and, from the time of its implementation into law in England and Wales the meaning of ‘processor’ set out in Article 4 (8) of the GDPR or the equivalent clause of such legislation which may implement the same in the UK.
Data Protection Legislation: means, for such time as they are in force in England and Wales, the DPA, the GDPR and all related legislation which may supplement, amend, implement or replace them and which relates to the protection of individual’s rights in their Personal Data and the protection of their privacy.
Data Subject: means an individual who is the subject of Personal Data.
1998 DPA: means the Data Protection Act 1998.
EEA: means the European Economic Area and also includes the United Kingdom whether or not it is a member of the European Economic Area.
GDPR: means Regulation (EU) 2016/679 and/or such legislation as may give effect to its terms in England and Wales.
Personal Data: has the meaning set out in section 1 (1) of the DPA and, from the time of its implementation into law in England and Wales the meaning set out in Article 4 (1) of the GDPR, and for the purposes of these Terms and Conditions means Personal Data provided by one party to these Terms and Conditions to the other.
Processing / Process: have the meaning set out in section 1 (1) of the DPA and, from the time of its implementation into law in England and Wales the meaning set out in Article 4 (2) of the GDPR.
6.2 You agree that for the purposes of Data Protection Legislation Mission Accomplished shall be Data Controller in respect of any Personal Data which you may share or transfer to us in accordance with the User Agreement.
6.3 You agree that for the purposes of Data Protection Legislation Mission Accomplished shall be a Data Processor and you will be a Data Controller in respect of any Personal Data generated, created, or uploaded by you in any Internal Database created, maintained or controlled by you including, without limitation, any lists of Individuals or Suppliers or any notes that you may create which relate to particular Individuals or Suppliers. You represent and warrant to us that you have all rights, permissions, and consents to upload any Personal Data to the Site, or to share any Personal Data with Mission Accomplished further to the Services provided, and any such transfer complies with all applicable Data Protection Legislation.
6.4 Each party to this User Agreement shall take steps to ensure that its employees and agents are informed of its obligations in relation to Personal Data that it collects, transfers or holds.
6.5 Each party to this User Agreement warrants to the other that it will Process Personal Data in compliance with all applicable Data Protection Legislation.
6.6 Each party to this User Agreement warrants to the other that having regard to the reasonably available state of the art of technological development, the nature of the Processing in question, the cost of implementation, and the material risk to the rights of affected Data Subjects, it will take appropriate technical and organisational measures to secure relevant Personal Data against the unauthorised or unlawful Processing and against accidental loss or destruction.
6.7 Where a party to this User Agreement becomes a Data Processor pursuant to it, it warrants that in relation to the Personal Data in respect of which it is a Data Processor that:
6.7.1 It will Process the Personal Data only in accordance with the Data Controller’s instructions from time to time and shall not Process the Personal Data in any way other than enabling it to fulfil its obligations pursuant to this User Agreement or to perform any other activity which may be expressly authorised by the Data Controller from time to time;
6.7.2 It will not transfer Personal Data shared under this User Agreement in relation to Data Subjects resident in the EEA outside the EEA without ensuring that appropriate safeguards are in place and that any transfer is lawful under all applicable Data Protection Legislation;
6.7.3 It will assist the Data Controller, insofar as reasonably possible, in responding to any requests made by any relevant Data Subject which concern the exercise of that Data Subject’s rights under the GDPR, subject to the Data Controller reimbursing it for the reasonable cost of the same;
6.7.4 It will notify the Data Controller, insofar as reasonably possible, of any relevant requests for the disclosure of Personal Data which may be made to it and which it considers that it is legally obliged to respond to, subject to the Data Controller reimbursing it for the reasonable cost of the same;
6.7.5 It will report to the Data Controller any actual data breach concerning Personal Data that relates to the User Agreement which comes to its attention and shall assist the Data Controller to inform the relevant regulator and affected Data Subjects, subject to the Data Controller reimbursing it for the reasonable cost of the same; and
6.7.6 It will, on request, take reasonable steps to demonstrate to the Data Controller, to the extent that is reasonable given the nature of the Processing in question, that it complies with Data Protection Legislation, subject to Data Controller reimbursing it for the reasonable cost of the same.
6.8 We confirm that we will treat all Personal Data which is shared in accordance with these Terms and Conditions in line with the Mission Accomplished Privacy Policy.
6.9 The parties acknowledge that to the extent that a party is a Data Processor pursuant to the User Agreement it will be reliant on the other, the Data Controller, for direction as to the extent to which the Data Processor will be entitled to use and Process the relevant Personal Data. Consequently, the Data Processor will not be liable to the Data Controller for any loss or damage which arises from any claim brought by a Data Subject or any fine levied by any relevant regulatory authority which results from any action or omission by the Data Processor, to the extent that such action or omission resulted directly from the Data Controller’s instructions.
7. GENERAL
7.1 Unless otherwise stated, notices to Mission Accomplished should be sent by email to info@mission.guru. Notices to you will be sent to the email address provided by you to Mission Accomplished during the registration process. Receipt of notices sent by email is deemed to be 48 hours after notification is sent.
7.2 You will not without our prior written consent disclose, publish or discuss with any third party any information which may come to your attention relating to the business of Mission Accomplished, its trade secrets, technical or financial data or any other confidential or proprietary information, documentation or material used or owned by Mission Accomplished or relating to the Site and/or Services or the operations or processes of Mission Accomplished other than where such information is already in the public domain, is required to be disclosed by a court of law or is disseminated for the purposes of the Services and in accordance with this User Agreement.
7.3 We will not be held responsible for any delay or failure to comply with our obligations under these conditions if the delay or failure arises from any cause that is beyond our reasonable control, including without limitation fire, casualty, accident, riot, act of terrorism or war, act of God, strike, lock-out, labour conditions, judicial order or enactment or incapacity, illness or death of any officer of Mission Accomplished.
7.4 This User Agreement (and any related dispute, controversy, proceedings or claim of whatever nature) shall be governed and interpreted in accordance with English law and the English courts shall have exclusive jurisdiction in relation thereto.
7.5 If any part of the terms of this User Agreement is unenforceable (including any provision in which we exclude our liability to you) the enforceability of any other part of these conditions will not be affected.
7.6 This User Agreement contains the entire agreement between us relating to the subject matter covered and supersedes any previous agreements, arrangements, undertakings or proposals, written or oral, between us in relation to such matters or any statements made to you by any person, including (without limitation) any of our employees or agents. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading. All other terms and conditions expressly or impliedly applicable by statute or otherwise are excluded to the fullest extent permitted by law.
7.7 Headings and clause numbering in this User Agreement are for convenience only and do not affect its interpretation.
7.8 We shall be entitled to assign, transfer or sub-contract or in any way make over the benefit or burden of this User Agreement to a third party. This User Agreement is personal to each user and users shall not be entitled to assign this User Agreement or any of the rights, benefits or entitlements hereunder.
7.9 In the event of a sale, transfer, reorganization or other disposal of Mission Accomplished, in whole or in part, your details may form part of the transferred business assets and as such may be shared with our advisors and any prospective purchasers and their advisors.
7.10 A waiver by us of any terms of this User Agreement in a particular instance shall not be deemed or construed to be a waiver of such term or condition for the future or affect our rights in respect of any subsequent breach of the terms of this User Agreement. All rights and remedies contained in this User Agreement shall be distinct, separate and cumulative and no action or inaction by us shall operate to exclude or deprive us of any other rights allowed by law.
7.11 No third party shall be deemed under the User Agreement to have enforceable rights by virtue of the Contracts (Rights of Third Parties Act) 1999.
7.12 This User Agreement shall not constitute a partnership, agency or joint venture between Mission Accomplished and any user.
