Terms & Conditions
We reserve the right to update these Terms from time to time at our discretion. We may do so for technical or legal reasons, or because the needs of our business have changed. We shall notify you of any changes we make to the Terms if you have an account on the Site. You agree that if you do not accept any amendment to our Terms then you shall immediately stop accessing and/or using the Site. Updated Terms will be effective as soon as they are accessible.
The Site is an online marketplace where businesses can engage compliance experts. We do not provide services directly, nor do we act as principal in any transaction, nor as agent for either party. We are an intermediary platform, and we are not bound by any contract that may arise at any time between our business and experts. We do not act as an employment agency and/or an employment business in respect of the Site.
The Site may be used only by individuals and organisations resident in the United Kingdom who wish to procure or provide services in the United Kingdom and/or the Republic of Ireland. You should not use the Site if you do not meet this requirement.
2. Definitions & Interpretation
In these Terms, words defined in Condition 1 shall have the same meaning when used throughout these Terms. In addition, the following words have the following meanings:
- a business, local authority or other entity who registers on the Site in order to find an Expert;
- the sum to be paid to us calculated as 20% of the Fees to be paid by the Business. For the avoidance of doubt, we reserve the right to change the calculation of the Commission due at our sole discretion and on notice;
- an individual or organisation who registered on the Site in order to provide Services;
- Expert Profile:
- the information provided to the Site by the Expert in relation to their business and services;
- the fees due from the Business in consideration of the Services;
- IP Rights
- any patent, trade mark, registered design or any application for registration of the same, or the right to apply for registration of the same, any copyright or related rights, database right, design rights, rights in trade, Business or domain names, rights in trade dress, rights in inventions, rights in confidential information or know-how or any similar of equivalent rights in any part of the world;
- a description of the Services required provided by a Business to an Expert;
- any information provided by the Expert in response to the Job before the Services Contract is agreed;
- Service Contract:
- the relationship between the Expert and the Business in respect of the Services set out here subject to any additional or replacement terms that and conditions that the Expert and the Business may agree to in writing from time to time;
the services to be provided by an Expert in response to a Job and on the basis of the Proposal which may include but not limited to assessments, visits, audits, testing, training, telephone consultations, consulting and advisory services;
- Site Content:
- all materials on the Site, including all information, data, text, images, recordings and software but excluding any User Content;
- an individual or company who registers on the Site seeking to provide Services, and for a company, Expert shall mean that company, the individual accessing the Site and/or providing the Services as the case may be;
- these terms and conditions;
- User Content:
- any content posted on the Site by any user of the Site including the Job and Proposal and other communications between Users, plus the Expert Profile; and
- any user of the Site, including an Expert and a Business.
Words in the singular include the plural and in the plural include the singular.
Headings shall not affect the interpretation of these Terms.
References to Conditions are, unless otherwise provided, references to the conditions of these Terms.
Unless a right or remedy of a party is expressed to be an exclusive right or remedy, the exercise of it by a party is without prejudice to that party's other rights and remedies.
Any phrase introduced by the words ‘including’ shall be construed as illustrative and shall not limit the generality of the related words.
3. Registration and Use
Whether you are a Business or an Expert, when you register you will create a user identification and password. You are responsible for keeping your password confidential. You may not allow any third party to access your account, including any associated company. You are responsible for any activity under your account. Please take precautions to protect your password and contact us immediately by email at email@example.com if you believe there has been any unauthorised use of your account.
You shall keep all of your account information current and complete.
When you use the Site you must comply with all applicable laws. In particular, but without limitation, you agree not to:
(a) try to gain unauthorised access to the Site or any networks, servers or computer systems connected to the Site;
(b) harvest or otherwise collect non-public information about another user obtained through the Site (including email addresses), without the prior written consent of the holder of the appropriate rights to such information;
(c) add another user to your email or physical mailing list without their consent after adequate disclosure, or use their email address or contact details for antisocial, disruptive, or destructive purposes;
(d) transmit spam, chain letters or other unsolicited emails; and/or
(e) reproduce, redistribute, sell, create derivative works from, decompile, reverse engineer, or disassemble all or part of the Site save to the extent expressly permitted by law not capable of lawful exclusion.
- User Content must not:
- include any content that is dishonest, in accurate, incomplete, false or misleading;
- include any content which promotes fraudulent, obscene or illegal activities; promotes violence or hatred; or is discriminatory of any group of people; or is obscene, offensive, hateful or inflammatory;
- include any IP Rights that do not belong to the user, unless the user has the written consent of the owner of such IP Rights;
- include any personal insults or attacks including deliberately flaming other users in a manner that might incite or perpetuate a conflict or argument; and/or
- encourage or otherwise deliberately or recklessly involve any breaches of applicable laws, regulations, codes of practice and/or guidelines.
- Users agree that My Compliance People shall be entitled to reproduce and use the User’s name, photographs and associated logos within publicity for My Compliance People.
If you wish to register as an Expert on the Site you must complete the information required honestly and fully. You agree that will shall use this information to verify your identity, qualification and experience. You also agree to provide any further information that we may require from you from time to time, including identification documents and information relating to your professional indemnity insurance. You agree to not put your company name, contact email, website details or telephone number on your profile which is visible to the business. Any company details you have inputted onto your profile summary which is visible to businesses will be removed by My Compliance People. You agree that you must only carry out work through the platform, and not arrange work direct with the business, all payments must be made through My Compliance People.
You agree that you:
(a) are at least 18 years old;
(b) are legally capable of entering into a contract;
(c) do not have any criminal conviction anywhere in the world, excluding an offence under road traffic legislation in the United Kingdom or elsewhere for which you are not sentenced to any term of imprisonment whether immediate or suspended;
(d) you have the necessary expertise to provide the Services; and
(e) are legally entitled to work in the UK.
At our request, you shall provide evidence of your compliance with this Condition 4.2.
We shall consider your registration, and if we accept you as an Expert on the Site you may create an Expert Profile on the Site. You warrant and represent that all content included in your Expert Profile and other interactions you may have on the Site shall comply with Condition 3.
You acknowledge and agree that your Expert Profile may be viewed by other users of the Site and that Businesses shall rely on your Expert Profile and Proposal in selecting their Expert.
You agree to not provide advice or recommendations on financial matters, stocks, other investments, any ratings or securities, legal, medical, accounting or financial planning unless you hold all necessary qualifications.
As an Expert, you shall only accept a Job if:
(a) the Job does not give rise to a conflict of interest;
(b) you will not breach any other contract by accepting the Job, including a contract of employment and any post termination restrictions;
(c) you are suitably qualified and experienced for the Job; and
(d) you are available for the full duration of the Job and are otherwise able to complete the Job in accordance with its terms if sufficient information is provided by the Business.
If you wish to register on behalf of a Business on the Site, you must have the authority to bind the Business to these Terms.
At our request, you shall provide evidence of your compliance with this Condition 5.1. You also agree to provide any further information we may require from you from time to time.
Once registered as a Business you shall be entitled to search Expert Profiles, communicate with Experts to provide them with a Job and to engage with Experts in relation to your Jobs and their Proposals. You acknowledge and agree that an Expert shall rely on your Job to prepare their Proposal.
Businesses warrant and represent that the Job and any interactions it may have on the Site shall comply with Condition 3.4.
6. Relationship between Experts and Businesses
Experts and Business shall contract on and comply with the terms of the Service Contract and agree to only do bsuiness through My Compliance People.
Experts agree that they are directly responsible to Business for the Services they provide.
The Expert is not and shall not be deemed to be an employee of My Compliance People. If My Compliance People incurs any costs including income tax or national insurance costs as a result of the acts of the Expert, the Expert shall pay all such costs.
Experts and Businesses each agree to keep confidential and only use in relation to the Services any information disclosed by the other party including its finances, customers, plans, proposals and management provided such information is marked as confidential or manifestly by its nature is confidential. However, these obligations shall not apply to any information that:
(a) was publicly known and made generally available in the public domain prior to the time of such disclosure;
(b) becomes publicly known and made generally available after such disclosure through no breach of any contractual obligation;
(c) is already known by or legally in the possession of the receiving party at the time of such disclosure; and/or
(d) is lawfully disclosed by a third party, without any obligation of confidentiality.
Experts and Businesses should immediately return any confidential information belonging to the other party at the request of the other party without keeping any copies.
Experts and Businesses shall act with the utmost professionalism and courtesy in dealings and interactions both within and outside of the Site.
We will collect feedback and reviews from Businesses and Experts about each other which we may publish on the Site. You agree that all feedback you provide will be accurate, honest and comply with the provisions of Condition 3.4. We shall also use such feedback to improve the functioning of the Site and to monitor the activities of each user.
7. Disclaimer – Your attention is particularly drawn to this Condition
Businesses and Experts acknowledge and agree that the Site is provided for information purposes only. We do not act as an employment agency and/or an employment Business. This means that we do not have the obligations of an employment agency and/or an employment business under the applicable laws, including any obligation to confirm the identity and/or suitability of an Expert for a particular job and/or the suitability of a particular job for an Expert. It is therefore the responsibility of a Business to ensure the Expert and their Proposal are suitable for a particular Job, and also the responsibility for the Expert to ensure that the Job and the Business is suitable for their purposes. All normal, prudent checks should be carried out by Businesses and Experts before agreeing to the Service Contract.
For the avoidance of doubt, this means that we do not warrant or represent that we:
(a) an Expert has the experience, training, qualifications or authorisation to provide the Services;
(b) take any steps to ensure the Expert and Business are each aware of any requirement imposed by law or otherwise which must be satisfied by either of them to permit the Expert to fulfil the Services;
(c) take any steps to ensure that it would not be detrimental to the interests of the Expert or the Business for the Expert to provide the Services;
(d) propose, recommend or endorse an Expert to a Businesses or provide any additional information about them.
Furthermore, we make no representation or warranty in relation to the Service Contract. Each of the Business and the Expert should take appropriate advice to ensure that the provisions of the Service Contract reflect their requirements on a case by case basis.
Accordingly, My Compliance People is not responsible for:
- any act or omission of an Expert or a Business;
- any User Content;
- the Services performed by the Expert or failure to perform the Services;
- any Fees due from a Business.
Subject to Condition 7.7, we shall in no circumstances be liable to you in contract, tort (including negligence) or otherwise for any:
(a) loss of profit, anticipated profits or business;
(b) loss of data;
(c) loss of opportunity;
(d) loss of revenue or wasted expenditure;
(e) loss of goodwill or reputation; and/or
(f) consequential, special or incidental loss or damage (whether or not advised of the possibility of the same).
The provisions of this Condition 7.5 are severable.
Subject to Condition 7.7, our maximum liability to a user whether in contract, tort or otherwise shall in no circumstances exceed £100.
Nothing in these Terms shall be construed as excluding or limiting our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation or for any other liability that cannot be excluded by English law.
You shall indemnify and keep indemnified and held harmless My Compliance People from and against any costs, claims, losses, damages, expenses and liabilities that My Compliance People may suffer or incur arising as a result of any claim received by My Compliance People in relation to your acts or omissions, including:
any act or omission (including negligent acts or omissions) of the Expert or Business in the performance or purported performance of a Service Contract;
any dishonest, inaccurate, incomplete, fraudulent, negligent, wrongful, unlawful, or criminal act or omission by you;
breach of these Conditions; and
your User Content.
9. Fees and Commission
On agreement of the Service Contract, the Business shall pay to us the Fee which includes our Commission. The Expert acknowledges that My Compliance People acts as its agent to receive the Fee. If we do not receive payment of the Fee we shall notify the Expert accordingly and they shall not be obliged to provide the
All sums payable include VAT at the current VAT rates.
The parties shall not contact each other except through the Site in relation to the Services until the Service Contract is . Any breach of this Condition 10.1 shall be considered a material breach of these Terms and we shall be entitled to take all action necessary, including removal from the Site and claiming damages.
For the avoidance of doubt, the Expert shall not request direct payment of any sums from the Business and Business shall not pay any sums directly to an Expert. If an Expert does request direct payment from a Business or a Business does offer to pay an Expert directly, the Business or the Expert as the case may be shall promptly notify us accordingly.
The Expert and the Business have no right to use the Services Contract except under these Terms and Conditions. In particular, the Service Contract may not be used in whole or in part in relation to services where the parties intend not to pay Commission to us.
Unless otherwise agreed with My Compliance People, if at any time the Business instructs the same Expert to carry out Services, the Business shall notify My Compliance People accordingly and the Commission shall continue to be due. My Compliance People shall on reasonable notice to the Business be entitled to audit all payment records relating to an Expert that has been introduced to the Business by My Compliance People to ensure full and accurate disclosure and payment of all Commission due to My Compliance People. This audit right shall continue in place for 12 months following termination of the Business’s participation on the Site. If following the audit, there is found to be an underpayment of Commission, the Business shall promptly pay to My Compliance People all sums due, together with the costs of the audit and enforcement of this Condition 10.3.
Any breach of Condition 10 shall constitute a material breach of these Terms, and My Compliance People shall be entitled to suspend or terminate a user’s account and claim appropriate damages in respect of any loss suffered as a result.
11. Use of the Site
The Site is made available for your own use. My Compliance People must not be used for any illegal or unauthorised purpose.
The copyright in the Site Content is owned by or licensed to My Compliance People. All rights are reserved. You can view, print or download extracts of the Site Content for your own use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Site Content without our permission. However, nothing in this Condition 11.2 shall prevent you from making a screenshot of the Site Content and sharing the screenshot with third parties including on social media, provided that you attribute the Site Content to us.
My Compliance People may contain links to websites operated by third parties. We do not have any influence or control over any such third party websites and we are not responsible for and do not endorse any third party websites or their availability or content.
To the extent permitted by law, use of the Site is solely at your own risk. The Site is provided on an "as is" and "as available" basis. To the extent permitted by law we disclaim any and all warranties of any kind, express or implied. We do not warrant that the Site, or any part thereof, will be available or operate in an uninterrupted or error-free manner or that errors or defects will be corrected, and we disclaim all liability related thereto.
12. Site Communications and Availability
All communications between the Experts and Businesses must be fair, honest and appropriate in the context of the potential relationship.
We will use reasonable endeavours to maintain and make the Site available at all times. However, there may be occasions when access may be interrupted, including for scheduled maintenance or upgrades, for emergency repairs, or due to failure of telecommunications links and/or equipment. We shall use reasonable endeavours to notify all users of any scheduled maintenance or upgrades, and to schedule such maintenance and upgrades outside of normal working hours. However, you agree that we have no liability to you for such interruptions.
For the avoidance of doubt, we shall also not be liable if you are unable to access the Site for any reason within your control, including your failure to use appropriate equipment or insufficient bandwidth.
13. Termination or Suspension
We reserve the right to suspend or terminate the account of a Business or an Expert at any time and without liability:
(a) if any information that you provide to us is not true or we cannot verify or authenticate any such information;
(b) if you are in breach of these Terms, including in particular Condition 4 and 10.1;
(c) if you are convicted of a criminal offence or act in any way that may bring My Compliance People into disrepute; and/or
(e) if we receive complaints or disputes are raised in relation to your activities.
Following termination by us of your My Compliance People account you must cease to use My Compliance People and you must not re-register on My Compliance People under any other name. Nothing in this Condition shall affect your obligations to pay Fees and Commissions due including under Condition 10.3.
You may contact us at any time at the email address set out above to terminate all or part of your My Compliance People account.
If you are a Business, any obligation to pay Fees and Commissions due shall continue notwithstanding any termination of your access to the Site.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties and all other provisions shall remain in full force and effect.
Our failure to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.
We may assign or otherwise transfer our rights and obligations in terms of these Terms to third parties.
These Terms shall be governed by and construed in accordance with English law and you agree to submit to the exclusive jurisdiction of the English Courts.
Last updated: October 2019