Terms and Conditions
1. Information about us
www.theincoming.co.uk (the 'Website') is operated by A.K.H. Capital Ltd. ("we", "us", "In.coming"). We are registered in England and Wales under company number 11023468 with a registered office at 22 Collingwood Road, Coventry, United Kingdom, CV5 6HW. In.coming provides career-related information. The Website is hosted in the European Economic Area.
2. Terms and Conditions
The following information applies to every page on the Website, whether or not such pages individually contain a disclaimer notification. All disclaimers, terms and conditions as set out in this Website shall form part of these terms and conditions ("Terms and Conditions"). In.coming makes the Website available to each individual who registers with In.coming (an "In.comer" or "you"), subject to these Terms and Conditions. By entering this Website each In.comer accepts these Terms and Conditions, which results in the creation of a binding contract between us and you, and is confirmation that you are eligible to read the information on this Website. If you do not accept these Terms and Conditions and do not intend to be bound by them, you must not use this Website. These Terms and Conditions may be changed from time to time. Your continued access and use of the Website will mean that you agree to be bound by the most current version of the Terms and Conditions.
3. Eligibility to use the Website
By using the Website, you represent and warrant that:
▪ all registration information you submit is truthful, accurate and up to date; and
▪ your use of the Website does not violate any applicable law or regulation. In.comers should be aware that we may block or delete your profile and/or cancel your registration if we believe that any information is incorrect or inaccurate or if we have received a complaint about your use of the Website.
4. Fair usage - what you are allowed to do
The Website is made available for your use in connection with your participation with In.coming. As a result, we undertake that:
▪ We will set up an In.coming profile to record your activity, personal information and career preferences; and
▪ You can decide how much information you feel comfortable sharing on In.coming through your privacy settings. Your public profile will not display contact details or anything that breaches our separate privacy policy (the "Privacy Policy").
5. Keeping the Website safe and what you're not allowed to do
In.coming undertakes to use reasonable endeavours to keep the Website safe for all In.comers and Website users. In order to achieve this, Website users and In.comers are not allowed to:
▪ Make copies of any part of the Website;
▪ Use access to In.coming or its content to generate income of any kind, except the income gained through accepting an offer of employment brought to your attention by In.coming. Any other use of materials on the Website (including, without limitation, reproduction for any purpose whatsoever and any modification, distribution or republication) without our prior written permission is prohibited;
▪ Use any data or information made available on or by this Website in connection with any business or commercial undertaking (whether or not for profit);
▪ Send or otherwise post unauthorised commercial or 'spam' communications on In.coming;
▪ Upload viruses or other malicious code;
▪ Post content that is hateful, threatening, pornographic, or that contains nudity or graphic or gratuitous violence, or that is defamatory or untruthful material or material which breaches another's right to privacy;
▪ Offer any contest, giveaway, or sweepstakes on In.coming without our prior written consent;
▪ Use In.coming to do anything unlawful, misleading, malicious, or discriminatory;
▪ Do anything that could disable, overburden, or impair the proper working of In.coming, such as a denial-of-service attack; and/or
▪ Facilitate or encourage any violations of these Terms and Conditions by any third party, whether or not an In.comer.
If an In.comer threatens the Website safety, that In.comer will be wholly and solely responsible for any subsequent losses incurred as a result; this includes but is not limited to any losses incurred by In.coming, A.K.H. Capital Ltd. its partners and appropriate third parties, any losses incurred by other In.comers or by individuals viewing the Website.
6. Personal data / privacy policy
Use of your personal data is governed by our Privacy Policy, which forms part of these Terms and Conditions. Please take the time to review the Privacy Policy carefully, as by using the Website, you agree to be unconditionally bound by this Privacy Policy. If we speak to you on the phone we may playback the call for internal quality and training purposes. We never share these call recordings with third parties.
7. No warranty and reliance on information included within Website
We do not make any representations, warranties or terms of any kind in respect of this Website or its contents (including, without limitation, any views or comments expressed by any In.comer) other than those required by us or implied by law.
All information and/or data included in and/or on this Website is made available for guidance only. Your use of such information and/or data is therefore entirely at your own risk. We do not control nor are we involved in the selection process of opportunities listed on the Website. We therefore do not purport to make any promises, warranties or representations regarding these opportunities. Said opportunities are subject to availability and to any selection criteria that may be adopted by third party firms, organisations or companies from time to time. When you apply for an opportunity listed on the Website you do so directly with the third party. In.coming does not purport to be an intermediary or agent between the In.comer and the relevant third party firm, organisation or company.
The Website may also include links to external websites and/or services owned and/or operated by participating companies and/or third parties. These are provided for your convenience and we accept no liability for and do not give any warranties or make any representations regarding any such websites and/or services and are not responsible for or liable in relation to the content or your use of such websites (other than to the extent required or implied by law).
8. Limitation of liability
This paragraph sets out our entire liability (including any liability for the acts and omissions of our officers, employees, consultants, agents and partner organisations) to you in connection with the Website and for any breach of these Terms and Conditions, statute, representation, statement or tortuous act or omission arising under or in connection with the Website and these Terms and Conditions (an event of default). Your attention is drawn in particular to the following:
▪ Our liability to you for death or injury resulting from our negligence shall not be limited;
▪ Under no circumstances will our total aggregate liability for any event of default exceed £100 for any number of events of default in a calendar year;
▪ We will not be liable to you in respect of any event of default resulting in loss of opportunity, income or goodwill, or any type of special, indirect or consequential loss, even if such loss was reasonably foreseeable; and
▪ We will not be liable for any breach of these Terms and Conditions or any failure or delay to provide services through the Website which results from any event or circumstance beyond our reasonable control, including, without limitation, breakdown of systems or network access,
None of the above provisions will affect any of your statutory rights which are not capable of being excluded but in such case our obligation will be limited to the re-supply or, as the case may be, the correction of the relevant content or service. We expressly exclude, to the fullest extent permitted by law, all liability of A.K.H. Capital Ltd., its directors, employees or other representatives, howsoever arising, for any loss suffered as a result of your use of this Website.
9. Intellectual property rights
The intellectual property in all design, text, graphics and other material and the selection or arrangement of such material on the Website is owned by us and/or our respective licensors. Except as expressly permitted under these Terms and Conditions, you are not permitted to copy, download, store (in any medium), show or play in public or to other persons in private, adapt or change in any way the content of these web pages for any purpose whatsoever without the prior written permission of In.coming which we may refuse in our absolute discretion.
10. Risk of transmission
You should be aware that the internet is not a completely secure or reliable transmission medium and may accordingly give rise to risk of manipulation or attempted fraud. Neither In.coming, A.K.H. Capital Ltd. nor any of its directors or employees accepts any liability for any data transmission errors such as data loss or damage or alteration of any kind, including, but not limited to any direct, indirect or consequential damage, arising out of the use of the products or services referred to herein, nor any liability in relation to the confidentiality or security of email communication.
11. Access to the Website
Due to the nature of the Internet, we do not and cannot promise full and error free operation of this Website at all times.
12. Rewards and Referrals
We reward In.comers for referring friends. The following Terms and Conditions apply: To be eligible for a referral award you must refer your friend/s through the Website directly using the relevant forms and links. If your friend has already applied to join the Website before you recommended them, then no referral reward is payable by In.coming.
13. Enquiries or complaints
You can contact us either by logging onto the Website, emailing us at info@theincoming.co.uk, calling the In.coming offices or writing to us at our registered office address. We may record calls to check the quality of our services or for training, audit or security purposes.
14. Variation
We may revise these Terms and Conditions at any time by amending this page. You are expected to check this page from time to time to take notice of any changes made, as they are binding on you, but we will give In.comers as much notice of a change as we reasonably can. Some of the provisions contained in these Terms and Conditions may also be superseded by provisions or notices published elsewhere on the Website.
We may also suspend or terminate In.coming at any time, but we will give as much notice as we reasonably can before we do so. In the event this happens, all In.comer accounts will be suspended or terminated. If we sell or transfer In.coming to another company we may transfer all of our rights and obligations under these Terms and Conditions without any further consent and may disclose or transfer all information we hold about In.comers or prospective In.comers to a prospective or actual new owner. Such a disclosure or transfer will not alter or affect the rights of such In.comers in respect of the use that can be made of such information by such other company.
15. Termination
We reserve the right in our sole discretion to deny you access to the Website and remove you from In.coming at any time, without a refund if:
▪ You breach these Terms and Conditions; or
▪ You are abusive or offensive to any member of our staff or other In.comer.
An In.comer can close his/her In.coming membership at any time by notifying us. If an In.comer's membership is closed his/her rights to access any aspect of In.coming's services are terminated with effect from the date of notification.
16. Law and jurisdiction
These Terms and Conditions and your use of the Website (and any dispute, controversy, proceedings or claim of whatever nature arising out of or in any way relating to these Terms and Conditions, their formation or this Website) shall be governed by and construed in accordance with the laws of England and Wales.
By using this Website you accept that any dispute under these Terms and Conditions or arising out of use of this Website shall be subject to the exclusive jurisdiction of the English courts to which you submit.
You are responsible for compliance with any applicable laws of the country from which you are accessing this Website.