Welcome to Hyre.
These terms and conditions (“Terms and Conditions”) (together with the documents referred to in it) constitute a legal agreement between you (“User” or “you”) and BINARY HEALTH LIMITED (company number: 11344641) whose registered office is at 16 West Way, Shipley, BD18 4HW, UK (“Hyre”, “us” or “we”) in relation to the use of the Hyre Apps and the Services.
When you create your Account, as well as by using the Hyre Apps and/or the Services, you confirm that you accept these Terms and Conditions and that you agree to comply with them. If you do not agree to these Terms and Conditions, you must not use any Hyre App or the Services.
- Grant and scope of Licence
- Hyre products
- Subscription terms
- Security and back up
- Content in the Services
- Warranty Disclaimer and Limitations of Liability
- Accessing the App
- Intellectual property rights
Publication date: May 3, 2021
Hyre offers a range of apps, products and services to assist with the automation of bookkeeping for Locum Healthcare Professionals. What we refer to collectively as the “Hyre Products” incorporates:
- the automated processes Hyre provides for extracting data from, and otherwise processing information contained in, Submissions;
- all Services Hyre provides to its Users and/or Accountants as applicable;
- any other services that Hyre chooses to offer in the future;
- the Hyre websites at the following domains: hyreapp.co.uk (the “Websites”), including Hyre online functionality; and
- the Hyre Technology.
We license the use of the applicable Hyre App(s) to you on the basis of these Terms and Conditions and subject to any rules or policies applied by any app store provider (“Appstore”) or operator from whose site you downloaded the applicable Hyre App(s) (“Appstore Rules”). We do not sell any Hyre Apps to you. We remain the owners of the Hyre Apps at all times.
If you do not agree to these Terms and Conditions, we will not license any Hyre App to you and you may not use the Services. Accordingly, you must stop using the Services and delete any Hyre Apps from your Devices.
Hyre App means both the Hyre mobile applications, together with the accompanying electronic documents, the data supplied with such software and the associated media.
Hyre Technology means the proprietary technology and software (in both object code and source code form) that enable Hyre to provide the Hyre Products, the Tools and any other services that Hyre may from time to time make available, together with the Intellectual Property Rights in and to inventions, designs, information, know-how, specifications, formulae, data, processes, methods, techniques and other technology related thereto.
Locum Healthcare Professional
Locum Healthcare Professional means a Healthcare Professional who is registered with a healthcare regulatory body such as the General Medical Council (GMC) and provides healthcare services on a short-term basis.
Account means the User account to which we provide the Hyre Products.
Accountant(s) means accountancy firms and bookkeepers that receive the bookkeeping information sent by Users.
Confidential Information means any information of a confidential nature (regardless of whether or not such information is recorded in any physical, electronic or other media) concerning either you or us which is confidential, commercially sensitive and not in the public domain (whether or not marked confidential).
Data and Submissions
Data means any and all data or information that is uploaded to the Hyre Products or otherwise provided to Hyre, including images, emails, earnings information, receipts, bills, invoices or other financial or bookkeeping-related transaction documents (collectively, “Submissions”), together with any data or information extracted from such Submissions.
Fees mean the fees that you are required to pay to access the Hyre Products in accordance with a Hyre Subscription Plan. Hyre may vary the Fees from time to time, in accordance with these Terms and Conditions
Intellectual Property Rights
Intellectual Property Rights means any patent, trademark, service mark, database right, copyright, moral right, right in a design, know-how and any other intellectual or industrial property rights, anywhere in the world whether or not registered.
Plan means the subscription model available for the Hyre Products, which outline:
- the particular Hyre Products to be provided to you;
- the access limitations and restrictions that apply to the Hyre Products for which you have subscribed including the number of days of free access;
- the Fees payable (if applicable) and the frequency with which they must be paid.
Supported File Types
Supported File Types means .PDF, .jpeg, .tiff, .doc, .docx, or any other file types that may be supported by the Hyre Products in the future.
Tools mean collectively, the Hyre Websites, the Hyre Apps, Hyre’s email submission technology and any add-ons or software integrations that Hyre may support or make available from time to time.
- These Terms and Conditions apply to each of the Hyre Apps (together with any of the services accessible through such Hyre Apps) and services and similar functions of the Hyre Products that are accessed via any of the Websites (collectively, the “Services”), unless they come with separate terms, in which case those terms apply. If any open-source software is included in any Hyre App or any element of the Services, the terms of an open-source license may override some of the terms of these Terms and Conditions.
- From time to time updates to a Hyre App may be issued through the applicable Appstore. Depending on the update, you may not be able to use the Services via the applicable Hyre App until you have downloaded the latest version of such Hyre App and accepted any new terms relating thereto. The Appstore Rules are also incorporated into these Terms and Conditions by reference.
- You acknowledge that:
you are over 18 years old; and
we provide access to a an app to assist you to manage invoices and expenses as a locum healthcare professional and prepare your tax returns. We do not provide any financial and tax advice.
- By using any Hyre App or any of the Services, you consent to us collecting and using technical information about the devices via which you access the Services, including any mobile telephone or handheld devices on which you install a Hyre App (“Devices”), to improve our products and to provide the Services to you.
- You will be assumed to have obtained permission from the owners of any Devices that are controlled, but not owned, by you to download a copy of any Hyre App onto such Devices and/or to otherwise access any element of the Services via such Devices. You and they may be charged by your and their service providers for internet access on the Devices. You accept responsibility in accordance with these Terms and Conditions for the use of the Hyre App or any Services on or in relation to any Device, whether or not it is owned by you.
- Certain Services provided via the Hyre Apps may make use of location data sent from or relating to the Devices. You can turn off this functionality at any time by turning off the location services settings in the Hyre Apps on the Device. If you use these Services, you consent to us and our affiliates’ and licensees’ transmission, collection, retention, maintenance, processing and use of your location data and queries to provide and improve location-based and road traffic-based products and services. You may withdraw this consent at any time by turning off the location services settings as described above.
- The Hyre Apps and parts of the Services may utilize integrated solutions from, or may contain links to, other independent third-party providers (“Third-party Providers”). Third-party Providers are not under our control, and we are not responsible for and do not endorse their content or their privacy policies (if any). You will need to make your own independent judgment regarding your interaction with any Third-party Providers, including the purchase and use of any products or services accessible through them. For more information on Third-party Providers please contact email@example.com
Any words following the terms including, include, in particular, or for example or any similar phrase shall be construed as illustrative and shall not limit the generality of the related general words.
3. Grant and scope Of Licence
In consideration of you agreeing to abide by these Terms and Conditions, we grant you a non-transferable, non-sublicensable, non-exclusive, limited licence to use the Hyre Apps and Services on the Devices, only to the extent necessary to get the benefit of the Plan to which you are subscribed, for use as a Sole Trader only and subject to these terms. We reserve all other rights. For the avoidance of doubt, no rights of access or use to the Hyre Products are granted to Accountants, whether expressly or by implication, under these Terms and Conditions.
- Except as expressly set out in these Terms and Conditions or as permitted by any local law, you agree that you shall not:
- copy, reproduce, modify, adapt, translate, prepare derivative works of, republish, upload, post, transmit, or distribute any Hyre Products or any other Intellectual Property Rights in or to the Hyre Products for any reason whatsoever;
- reverse assemble, decompile, reverse engineer or in any way derive or attempt to derive from the Hyre Products any source code or the structure, sequence or organization of such code;
- use the Hyre Products in any way that infringes another person’s Intellectual Property Rights;
- use the Hyre Products to upload, post, email, or otherwise transmit worms, viruses, or any other computer file, code, or program designed to disrupt, interrupt, limit, or disable any of the functionality of the Hyre Products, or any hardware, or telecommunications equipment;
- access (or try to access) and use any of the Hyre Products through any interfaces not provided by Hyre or by any automated means, including, but not limited to, scripts, robots, or web crawlers;
- use the Hyre Products to upload, post, transmit, store, or otherwise make available content that contains software viruses or any other computer code, files, or programs that could interrupt, destroy or limit the functionality of the computer software or hardware or telecommunications equipment of Hyre, its Users or Accountants, its service providers or its affiliates.
- use the Hyre Products to upload post, transmit, store, or otherwise make available content that is pornographic or otherwise explicit in nature (Hyre reserves the right to remove any and all such content at its sole discretion);
- use the Hyre Products in any fashion which violates, or might reasonably be judged by Hyre to violate, any local or foreign law or regulation;
- (without limiting the rights of Accountants to make available the Hyre Products to Sole Traders) sublicense, assign or otherwise transfer the Hyre Products, these Terms and Conditions or the rights under it, whether by operation of law or otherwise, otherwise than in accordance with these Terms and Conditions;
- transmit any material that is defamatory, offensive or otherwise objectionable in relation to your use of any Hyre Apps or the Services;
- use the Hyre Apps or the Services in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users; or
- collect or harvest any information or data from any Services or our systems or attempt to decipher any transmissions to or from the servers running any Services.
- We will not be responsible, or liable, to any third party for the content or accuracy of any Data or transaction you upload to the Hyre Products.
For use as a locum healthcare professional only
- The Hyre Products are designed for use by Locum healthcare professionals only, not consumers or companies. You warrant and represent that you are acquiring the right to access and use the Hyre Products as a Hyre Healthcare Professional and are not dealing with Hyre as a consumer or a company.
Who owns the data?
- Dealing with your Data transparently is of core importance to Hyre. Hyre’s position on Data ownership is that you own the Data.
- In practice – this means that Data ownership will be as outlined below:
|Who owns the data?
|Who owns the Submissions?
|Who can delete the Data?
|Who can access and use the Data?
|Users, Hyre (as described below), if applicable, Accountants (see section 6.1 below).
|Can Hyre use the Data?
|Yes. Hyre needs to be able to use and process the Data to provide the Hyre Products.
How is Data used?
Does Hyre sell Data?
What is Hyre’s policy towards data privacy and personal information?
What happens to Data when your Account is closed?
- After cancellation or termination of your Account and/or these Terms and Conditions, Hyre may restrict your access to the Hyre Products and your Account, including any Submissions or Data stored in that Account.
- Following termination, unless you instruct us to delete them, Hyre will aim to retain one (1) copy of each Submission that you have submitted for a period of ten (10) years following the relevant submission date. We take this step to assist you in complying with your recordkeeping obligations to local tax authorities.
- Notwithstanding the above, we provide no guarantees that your Submissions or any Data will be retained by Hyre following cancellation or termination of these Terms and Conditions, nor that you will comply with any of your obligations to local tax authorities. For this reason, we suggest you maintain your own copies of any Submissions submitted and any Data to the fullest extent necessary to allow you to comply with all applicable recordkeeping obligations.
Back up your Data
- Although we take reasonable steps to ensure that your Data is kept secure (see the Security and Back Up at Section 10 below), Hyre shall not be liable for any deletion of, corruption of, or failure to store any Data or other content used in or maintained by the Hyre Products. Accordingly, you should create backup copies of all Submissions and any Data therein that you provide to the Hyre Products.
- Responsible for vetting and reviewing the services Third Parties provide to them.
6. Hyre products
- Subject to these Terms and Conditions, in particular, your payment of the Fees (if applicable), Hyre shall provide the Hyre Products to you in accordance with the terms of your current Plan. In order to make sure that you have the best experience using the Hyre Products, Hyre may sub-contract or assign the provision of any and all of the Hyre Products.
- Hyre may amend these Terms and Conditions (including changing the nature or scope of the Hyre Products) at any time. When we do change these Terms and Conditions, any additional or different terms shall be effective upon being posted on this page of Hyre’s website located at Terms and Conditions or any successor website we notify to you. Your continued use and receipt of the Hyre Products following the posting of variations to these Terms and Conditions constitutes your irrevocable acceptance of those additional or different terms.
- If Hyre deems it necessary to discontinue the Hyre Products it provides due to the highly unlikely event of our closure, you will receive at least 7 days’ notice before your Account is closed.
7. Subscription terms
- After the 30 day free trial period, Hyre Users shall pay the the subscription fee of £9.99 in advance on a recurring monthly basis via in-app purchases.
- Subscriptions are automatically renew until you cancel. You can cancel your monthly in-app subscription at any time through the App store. You must cancel your monthly subscription before it renews to avoid the billing fee of the next subscription period.
- Unless otherwise expressly stated or agreed between you and Hyre in writing, all prices are exclusive of value added tax.
30 days free trial period
- Users shall not be subject to the fees set out above for 30 days from the date the account was created.
- Users will be charged the subscription fee after the 30 days free trial period is over.
You agree that Hyre may change the Fees for each particular Plan. In the event that the Fees for Plans are to be changed, Hyre will give you advance notice of any such changes – we will do this by sending an email to the address registered on your Account.
- The Hyre Products allow Users to submit Submissions to Hyre via the Tools only, Hyre does not accept paper or postal submissions.
- You may not scan in Submissions for another User. If Hyre determines that you have scanned in Submissions for another User, they will not be processed unless the original User gives Hyre permission to do so.
- Usage of an Account by more than one person without consent of the original User may result in termination of that Account without any refund of the Fees paid (if applicable).
- If you continue to submit Submissions to Hyre after terminating your Plan, they will not be scanned or uploaded into your Account.
- The Hyre Products only allow for effective and accurate extraction of Data that is in the standard Latin alphabet and/or contains numbers in the European numeral system. You acknowledge that Hyre cannot guarantee the accurate extraction of Data from Submissions which are not in these formats.
- Any Submission you submit to Hyre using the Tools must be in a Supported File Type. You acknowledge that Hyre cannot process any Submissions which are not submitted in a Supported File Type.
- If you submit any illegible Submissions they may not be processed correctly into your Account. You recognize that all Submissions may not be entered correctly into your Account, and that Hyre does not guarantee proper tagging or data entry on Submissions.
- Hyre does not guarantee the accuracy of automatically processed information.
9. Security and back up
- As long as you keep your password safe, Hyre protects your Data so it can only be viewed and accessed by you and those who have been authorized to access it (including if applicable, Accountants). Hyre uses 256-bit secure socket layer encryption.
- You agree to be responsible for keeping your passwords associated with your Account secret and secure. Hyre may be able to help you retrieve lost passwords, but cannot guarantee to do so, and will not be held responsible or liable if it cannot locate or reset a lost password.
- For your security, do not submit any Submissions to Hyre that have full credit card information printed on them. If any such Submissions are received, Hyre reserves the right, but shall not have the obligation, to not scan, upload or process such Submissions to your Account. It is your responsibility to ensure that you review the content and form of any Submissions you upload to the Hyre Products or otherwise provide to Hyre.
- If you know or suspect that anyone other than you knows your user identification code or password, you must promptly notify us at firstname.lastname@example.org
To ensure that your Data remains accessible and secure throughout your use of the Hyre Products in accordance with these Terms and Conditions, Hyre periodically creates backup copies of your Data in accordance with standard industry practices.
10. Content in the Services
- Hyre does not and cannot control what information is submitted to it via the Tools. We do not expect our Users to upload any objectionable, offensive or indecent content via the Tools or otherwise to the Hyre Products. You acknowledge and agree that you are solely responsible any information that is submitted to the Hyre Products and are responsible for any consequences of such actions.
- You also understand that when using the Hyre Products, you may come across material that you find objectionable, offensive or indecent and that you are using the Hyre Products at your own risk.
11. Warranty Disclaimer and Limitations of Liability
- You acknowledge that the Hyre Products are provided on an “as is” and “as available” basis. Hyre makes no representations, warranties or conditions of any kind, express or implied, with respect to the Hyre Products, including any warranty that Hyre Products will:
- be timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
- meet your requirements or expectations;
- be free from errors or that defects will be corrected; or
- be free of viruses or other harmful components.
- To the fullest extent permitted by applicable law, Hyre expressly disclaims all implied warranties or conditions including warranties and conditions of satisfactory quality, fitness for purpose and non-infringement.
- We will not be liable for:
- loss of profits, sales, business, or revenue;
- business interruption;
- loss of anticipated savings;
- loss of business opportunity, goodwill or reputation; or
- any indirect or consequential loss or damage.
- We will not be liable for any loss or damage caused by a virus, distributed denial-of-service attack, or other technologically harmful material that may infect your computer equipment, computer programs, data or other proprietary material due to your use of the Hyre App or any other element of the Services or to your downloading of any content on them, or on any website linked to them or from them.
- You acknowledge and agree that Hyre shall not be liable for any losses or claims whatsoever relating to:
- any permanent or temporary restrictions or cessations of the Service;
- any deletion of, corruption of, or failure to store any Data or other content used in or maintained by the Hyre Products;
- your failure to provide correct, accurate, and up-to-date account information;
- your failure to keep your password and account information secure.;
- your misuse of, or inability to use, any part of the Hyre Products;
- incorrectly entered information;
- any inaccuracy in any Data extracted from the Submissions you upload (you are advised to carefully review the accuracy of such Data); OR
- use of or reliance on any content displayed on any Hyre App, any Website or otherwise on or via the Services
- Nothing in these Terms and Conditions limits or excludes Hyre’s liability for:
- death or personal injury caused by its negligence;
- fraud or fraudulent misrepresentation; or
- any other act, omission, or liability which may not be limited or excluded by applicable law.
- Subject to Section 12.6, Hyre’s total liability to Hyre prime subscribers, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions shall be limited, in respect of all claims (connected or unconnected) to the total Fees paid or payable by you in the previous twelve month period.
- Subject to Section 12.6 and to the fullest extent permitted by law, Hyre’s excludes all liability to free subscribers, whether in contract, tort (including negligence), for breach of statutory duty, or otherwise, arising under or in connection with these Terms and Conditions.
- You acknowledge that we are not your advisor nor your accountant. The Hyre Products do not constitute financial advice. You remain wholly responsible for your compliance with all filings and reporting requirements in relation to taxation and all other similar requirements or duties imposed on you under applicable law.
- We assume no responsibility for the content of websites linked on our site. Such links should not be interpreted as endorsement by us of those linked websites. We will not be liable for any loss or damage that may arise from your use of them.
12. Accessing the App
- The Hyre App is available free of charge for a period of 30 days following account creation. You acknowledge and agree that, in order to continue to access the full functionality of the Hyre App, you may need to make one or more in-app purchases.
- We do not guarantee that the Hyre Apps, or any content on them, will always be available or be uninterrupted. Access to the Hyre Apps is permitted on a temporary basis. We will not be liable to you if for any reason the Hyre Apps or any one of them are unavailable at any time or for any period.
13. Intellectual property rights
- You acknowledge that all Intellectual Property Rights in the Hyre Apps and the Hyre Technology anywhere in the world belong to us or our licensors, that rights in the Hyre Apps are licensed (not sold) to you, and that you have no rights in, or to, the Hyre Apps or the Hyre Technology other than the right to use each of them in accordance with these Terms and Conditions. Nothing in these Terms and Conditions is intended to transfer any Intellectual Property Rights from Hyre to Users or Accountants.
- You acknowledge that you have no right to have access to the Hyre Apps or any other element of the Hyre Technology in source-code form.
You indemnify Hyre from and against all claims, costs, damage and loss arising from your breach of these Terms and Conditions. This indemnity covers any costs relating to the recovery of any Fees that you have failed to pay in accordance with these Terms and Conditions.
- We may terminate these Terms and Conditions immediately by written notice to you.
- You shall be deemed to have terminated these Terms and Conditions if:
- you cancel your subscription to the Hyre Products; or
- you fail to pay, if applicable in accordance with these Terms and Conditions, any Fees due and payable for a renewal of your then-current Plan under which you are permitted to access the Hyre Products.
- Without prejudice to its other rights and remedies, Hyre may, on notice to you, terminate these Terms and Conditions with immediate effect if you:
- commit a material breach of these Terms and Conditions and, in the case of any breach which can be remedied, fail to remedy that breach within fourteen days of a notice from us requiring such remedy; or
- you or your business become insolvent or your business goes into liquidation or has a receiver or manager appointed of any of its assets or if you become bankrupt, or make any arrangement with your creditors, or become subject to any similar insolvency event in any jurisdiction.
30 days free trial period
Hyre reserves the right to terminate your Account if it has been inactive for a period of 90 days; we will notify you prior to this.
- Each party undertakes to the other that it shall not at any time disclose to any person any Confidential Information except as is permitted by these Terms and Conditions, including the remainder of this Confidentiality section.
- Each party may disclose the other’s Confidential Information:
- of its employees, officers, representatives, service providers, subcontractors or advisers who need to know such information for the purposes of carrying out the party’s obligations under these Terms and Conditions, provided always that such recipients shall be made aware of the confidential nature of the Confidential Information they receive and shall agree to reasonable confidentiality undertakings to protect such Confidential Information;
- as may be required by law, a court of competent jurisdiction or any governmental or regulatory authority; or
- Neither party shall use the other party’s Confidential Information for any purpose other than to perform its obligations under these Terms and Conditions.
We may, from time to time, agree to provide certain consultancy services to you, including, but not limited to, training and marketing and team productivity advice and support (“Consultancy Services”). The provision of any such Consultancy Services will be subject to a separate Consultancy Services Agreement describing the services we agree to supply, the timetable for their performance, fees, payment terms and any related matters.
Hyre shall not have any liability for any failure or delay resulting from any governmental action, fire, flood, insurrection, earthquake, power failure, riot, act of terrorism, war, explosion, embargo, strike, labour or material shortage, transportation interruption of any kind, work slowdown or any other event or condition beyond its control.
Applicable Law and Jurisdiction
These Terms and Conditions and all matters arising from them (including, without limitation, any dispute relating to the existence, validity or termination of these Terms and Conditions or any contractual or non-contractual obligation) shall be governed by, and construed in accordance with English law. In relation to any legal action or proceedings to enforce these Terms and Conditions or arising out of or in connection with these Terms and Conditions (including any dispute relating to the existence, validity or termination of these Terms and Conditions or any contractual or non-contractual obligation) (“Proceedings”) each of the Parties irrevocably submits to the exclusive jurisdiction of the courts of England and waives any objection to Proceedings in such courts on the grounds of venue or on the grounds that the Proceedings have been brought in an inappropriate forum provided that a judgment or order of any court may be enforced in any court of competent jurisdiction.
These Terms and Conditions, together with any webpages, documents or policies incorporated by reference hereinto, constitute the entire agreement and understanding between you and Hyre relating to the matters contemplated by these Terms and Conditions and supersedes all previous agreements (if any and whether in writing or not) between you and us in relation to such matters. The parties acknowledge and agree that, except as otherwise expressly provided for in these Terms and Conditions, they are not entering into these Terms and Conditions on the basis of, and are not relying on and have not relied on, any statement, representation, warranty or other provision (in any case whether oral, written, expressed or implied) made, given, or agreed to by any person (whether a party to these Terms and Conditions or not) in relation to the subject matter of these Terms and Conditions, provided that nothing in these Terms and Conditions shall exclude any party from liability for fraud or fraudulent misrepresentation.
You shall not assign any rights or obligations under these Terms and Conditions without Hyre’s prior written consent (such consent not to be unreasonably withheld) and any unauthorised assignment shall be null and void.
- Notices to Hyre must be sent to email@example.com or to any other email address notified to you by us.
- We will send notices to you to the then current email address on your Account.
Except as otherwise provided in these Terms and Conditions, a waiver of any right or remedy under these Terms and Conditions or by law is only effective if given in writing and shall not be deemed a waiver of any subsequent breach or default. A failure or delay by a party to exercise any right or remedy provided under these Terms and Conditions or by law shall not constitute a waiver of that or any other right or remedy, nor shall it prevent or restrict any further exercise of that or any other right or remedy. No single or partial exercise of any right or remedy provided under these Terms and Conditions or by law shall prevent or restrict the further exercise of that or any other right or remedy.
If any provision or part-provision of these Terms and Conditions shall be held to be invalid, illegal, void or unenforceable, it shall be deemed modified to the minimum extent necessary to make it valid, legal and enforceable. If such modification is not possible, the relevant provision or part-provision shall be deemed deleted. Any modification to or deletion of a provision or part-provision under this section shall not affect the validity and enforceability of the rest of these Terms and Conditions.
The parties agree that they are each independent contractors and nothing in these Terms and Conditions will be deemed to establish a joint venture, partnership, agency or employment relationship between the parties. Neither party shall have any express or implied right or authority to assume or create any obligations on behalf of or in the name of the other party or to bind the other party to any other contract, agreement or undertaking with any third party.
Third party rights
A person who is not a party to these Terms and Conditions has no right to benefit under or to enforce any term of these Terms and Conditions.
To contact us, please email: firstname.lastname@example.org. Thank you for using Hyre!