Terms & Conditions

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Avoko Associate’s Terms and Conditions

1. Definitions

A. “Associate”

means a registered user of the Avoko Platform who may add jobs and refer available job postings to their contact list on their mobile phone and communicate with other Associates. The Associate must be an individual who is over 18 years of age, and not a partnership or any other form of body corporate.

B. “Avoko”

Means Avoko Group Holdings Limited.

C. “Avoko Platform”

means the Avoko App downloaded via an Apple or an Android device, the Avoko Web App and the website referred to www.avoko.com.

E. “Hiring Business Partner”

Means the business who is offering the role via the Avoko Platform.

D. “Reward Commission”

means a payment accrued by Avoko which an Associate may bank via the Avoko Platform. The Reward Commission becomes the property of the Associate at the point at which payment is requested by the Associate.

2. Registration and Your Account

A. Accurate Information

Associates must provide Avoko with, and maintain, complete and accurate information about you (including your payment information). Avoko has the right to confirm or verify the truth and accuracy of your registration and account information at any time at its sole discretion

A. Verification Process

You acknowledge Avoko’s right to use third-party vendors to verify the information provided and to use the information provided to conduct necessary checks associated with your registration with Avoko.

B. Account Activity

You are responsible for all activity on your account and for loss, theft or unauthorised disclosure of your password (other than as a result of Avoko’s gross negligence, wilful misconduct or omission). You must provide Avoko with prompt written notification of any known or suspected unauthorised use of your account or breach of the security of your account.

3. Making Referrals

All registered users of the Avoko Platform operating as “Associates” are subject to these terms and conditions. Registration as an “Associate” constitutes an acceptance of all our terms and conditions. You are eligible for Reward Commission as an Associate as outlined in Section 4 below. As an Associate you are requested to add and refer relevant roles via the Avoko Platform only to those of your contacts that you believe are appropriate for the role in question.

4. Referral Reward Commission

A. How You Earn Reward Commission on Referrals

Avoko will accrue a Reward Commission on each occasion that the Hiring Business Partner makes payment to Avoko with respect to any of your referrals that result in a hire.

B. How to Claim your Reward Commission

Via the Avoko Platform you will have the opportunity to collect the accrued Reward Commission on submitting a request to Avoko. This request can only be accepted if valid bank account details have been provided to Avoko and the balance accrued exceeds £10. Once a valid request is received, the Reward Commission becomes due and payable and Avoko shall process a payment to you. Until the request is accepted, the Reward Commission remains the property of Avoko.

C. What Roles are Eligible for Reward Commission?

All jobs listed on the Avoko Platform are eligible for Reward Commission.

D. How much is the Reward Commission?

The total Reward Commission is a % calculated relative to the monetary value agreed for the role to which it relates. For example, if the total Reward Commission is 2% and the relevant role pays £500 per day, then the Reward Commission shall be £10 per day. If there is one Associate involved in the referral chain, then that Associate shall receive all of the Reward Commission. If there are two or three Associates in the referral chain, then the Reward Commission is spilt between them equally. The referral chain cannot extend further than 3 steps.

E. Taxes

You are responsible for any taxes that may be due in connection with any Reward Commission, including making payment of the correct taxes, which shall be treated as UK derived income in its entirely in accordance with all relevant legislation. Avoko does not pay additional compensation to you to cover taxes.

5. User Responsibilities

Avoko have the right at any and all times to monitor your use of the Avoko Platform to determine if you are in compliance with the terms of this Agreement and our Avoko Charter. If Avoko determines that the terms of this Agreement and/or the integrity of the Avoko Charter are not being complied with, Avoko reserve the right to restrict Associate access to the job referral process in line with the terms outlined in Section 10 of these terms and conditions.

6. Tracking and Reporting

Avoko will track and report on accrued Reward Commission via the Avoko Platform. Data may not be available on a real-time basis and may be subject to reporting delays due to internal verification processes.

7. Terms of this Agreement

Once we accept your registration as an Associate on the Avoko Platform, this agreement will be in effect. It may be terminated at any time by either you or us, with or without cause, through written notice. You will be eligible to earn Reward Commission only on sales generated during the term of this agreement.

8. Modifications

We reserve the right to modify any of the terms and conditions contained in this agreement, at any time, at our sole discretion. You will be notified by e-mail and a notice will be posted on the Avoko App and Website. Modifications may include, but are not limited to; changes in the scope of available Reward Commission, how you earn Reward Commission, Reward Commission payment procedures and general Referrer responsibilities. If you find any modification unacceptable your only recourse is to terminate this agreement and cease to participate in the Referral Reward Commission process. Your continued participation in the Referral Reward Commission process following our posting of a change notice or new agreement on our web site will constitute binding acceptance of the changes.

9. Relationship of Parties

Each party to this agreement is an independent party and nothing in this agreement will create any partnership, joint venture, agency, franchise, sales representative, or employment relationship between the parties. You will not make any statement, whether on your web site or otherwise, that would contradict anything in this agreement.

10. Restrictions of Use

Avoko reserves the right to limit or suspend an Associate’s ability to refer roles if we feel there has been a violation of this agreement. Avoko may take any and all steps it deems appropriate including without limitation:

  • Issuing a warning
  • Suspending your account from participating in the role referral process, and
  • Terminating your account

In extreme circumstances, or in the case of repeated infringements, Avoko may determine that they will terminate this agreement with an Associate. Note that in accordance with the terms of this agreement, should this agreement be terminated, you will not be entitled to earn any Reward Commission beyond the date of termination. In the event that Avoko take steps to suspend an Associate’s permissions under this Section, you will be contacted either via email or via the Avoko Platform. Avoko in its sole discretion may reinstate your account in the event you have taken all necessary remedial actions.

11. Confidentiality

In connection with the operation of the Avoko Platform you may provide or be provided with, data and information that is confidential (“Confidential Information”). Confidential Information does not include information: (a) that is or becomes publicly available through no act or omission of the receiving party; (b) disclosed to the receiving party by a third party not bound by any confidentiality obligation with respect to such information; or (c) that is in the possession of the receiving party and not subject to any duty of confidentiality as of the date you accept the terms of this Agreement. Avoko and all Associates agree to use a reasonable degree of care to maintain the confidentiality of and to protect any Confidential Information.

12. Intellectual Property

You acknowledge that you obtain no proprietary rights in any Avoko Intellectual Property. You agree to use any Avoko Intellectual Property in a way that does not, in Avoko’s sole discretion, blur, dilute, tarnish or adversely affect Avoko’s proprietary rights.

13. General Terms and Conditions

A. Assignment and Waiver

You may not assign this agreement, by operation of law or otherwise, without our prior written consent. Subject to that restriction this agreement will be binding on, inure to the benefit of, and enforceable against the parties and their respective successors and assigns. Our failure to enforce your strict performance of any provision of this agreement will not constitute a waiver of our right to subsequently enforce such a provision or any other provision of this agreement.

B. Disclaimers

We make no express or implied warranties or representations with respect to the Referral Reward Commission process or any roles advertised through the Avoko Platform. In addition, we make no representation that the Avoko Platform will operate, or that operation of Avoko Platform will be uninterrupted or error free, and we will not be liable for the consequences of any of the foregoing.

C. Limitation of Liability

We will not for any reason whatsoever be liable for any direct, indirect, special, or consequential damages, or any loss of revenue, profits, or data, arising in connection with this agreement or the Reward Commission Referral process, even if we have been advised of the possibility of such damages. Without limiting the generality of the foregoing, our aggregate liability will not for any reason whatsoever exceed the total Reward Commission fees paid or payable to you under this agreement.

D. Associate Declaration

You acknowledge that you have read this agreement, understand it in its entirety, and agree to all of its terms and conditions. You understand that we may at any time (directly or indirectly) solicit referrals on terms that may differ from those contained in this agreement. You have independently evaluated the desirability of participating in this process and are not relying on any representation, guarantee, or statement other than as set forth in this agreement.

E. Entire Agreement

This Agreement constitutes the entire agreement between Avoko and the Associate.

F. Severability

If any of the provisions of this agreement shall be determined by any competent authority to be unenforceable to any extent, such provision shall, to that extent, be severed from the remaining terms, which shall continue to be valid to the fullest extent permitted by applicable laws.

G. Rights of Third Parties

None of the provisions of this Agreement are intended to be for the benefit of, or enforceable by, third parties and the operation of the Contracts (Rights of Third Parties) Act 1999 is excluded.

H. Choice of Law

This Agreement is governed by the laws of England & Wales and is subject to the exclusive jurisdiction of the Courts of England & Wales.

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