RTW Candidate and Employer Mobile Application Licence Agreement

WorkPermitCloud Limited (Company No. 12909694)

Effective Date: 1st October 2024

1. Introduction

This Licence Agreement is a legal contract between the employer (“Licensee” or “you”) and “Licensor” - WORK PERMIT CLOUD LIMITED (WPC), (“we,” “or “us”) for the use of the RTW Candidate and RTW Employer mobile application (“App”). By clicking “Accept” or using the App, you agree to the terms of this Agreement. If you do not accept these terms, you will not be able to use the App.

2. Eligibility and Scope

• This service is for use by UK employers only.
• The App assists employers in conducting compliant right-to-work checks for prospective candidates as per UK government guidance.

3. Licence Grant

We grant you a non-exclusive, non-transferable licence to use the App for internal business purposes related to right-to-work compliance. The Licence does not grant ownership of the App or any rights to modify, distribute, or reverse-engineer the software.

4. User Obligations

• You agree to comply with all applicable UK laws and regulations, including right-to-work checks, immigration laws, and data protection regulations (GDPR and the Data Protection Act 2018).
• You are responsible for ensuring that all information provided is accurate and up to date.
• The right-to-work check results must not be shared outside of the organisation except as required by law.

5. Data Protection and Privacy

• 5.1 We will process personal data in accordance with the General Data Protection Regulation (GDPR) and the Data Protection Act 2018.
• 5.2 The App will collect, store, and process personal data (including employee and candidate details) to facilitate the right-to-work checks.
• 5.3 We retain personal data in a secure cloud environment to:
  • Conduct right-to-work checks.
  • Provide notifications to employers regarding the expiry of candidates’ right-to-work status if applicable.
• 5.4 After the right-to-work check is complete, employers or candidates may request erasure of personal data by writing to: rtwcheck@workpermitcloud.co.uk.

6. Disclaimer of Warranties

While we strive for accurate results, the App’s performance depends on third-party services, such as government databases, which may cause inaccuracies or delays beyond our control. The App is provided “as is” without warranties of any kind, either expressed or implied.

7. Limitation of Liability

Our maximum liability under this Agreement shall not exceed the amount permitted under UK law, and WPC will not be responsible for errors caused by third-party services. WPC will not be liable for any indirect, special, incidental, or consequential damages resulting from the use of the App.

8. Indemnification

You agree to indemnify and hold WPC harmless against any claims, losses, or damages arising from your use of the App, including any breach of this Agreement.

9. Termination

• 9.1 This Agreement will be terminated immediately if:
  • You fail to comply with the terms of the Agreement.
  • The App is discontinued or WPC ceases its provision.
• 9.2 Upon termination, you must immediately cease all use of the App and delete any copies you have made.

10. Refund Policy

Once purchased, the service is non-refundable.

11. Governing Law

This Agreement is governed by and construed in accordance with the laws of England and Wales. Any disputes will be subject to the exclusive jurisdiction of the courts of England and Wales.

12. Contact Information

For any queries or requests related to this Agreement or data privacy, please contact: rtwcheck@workpermitcloud.co.uk.

This Licence Agreement ensures that the WPC Right To Work mobile application adheres to UK law, GDPR compliance, and provides protection to both the service provider and the employer through comprehensive legal provisions.