qamla

1. Definitions and Interpretation

1.1. Definitions: As used in these Terms, the following capitalized terms shall have the meanings set forth below:

Account: The secure, User-specific online portal created upon registration, enabling access to relevant Platform features based on User type and subscription level.
Affiliate: With respect to a party, any entity that directly or indirectly Controls, is Controlled by, or is under common Control with that party, where "Control" means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of an entity, whether through the ownership of voting securities, by contract, or otherwise, and typically requires ownership of more than fifty percent (50%) of the voting equity securities or equivalent interest.
AI: Artificial Intelligence, machine learning algorithms, large language models, or similar automated or computational technologies integrated within or used by the Platform.
Applicable Law: All applicable international, federal, national, state, provincial, and local laws, statutes, regulations, directives, ordinances, rules, codes, treaties, orders, decrees, judgments, administrative interpretations, and other requirements of any governmental or regulatory authority having jurisdiction over the parties, the Platform, the Services, or the subject matter of these Terms, including but not limited to Data Protection Law and relevant employment and anti-discrimination laws.
Confidential Information: Has the meaning set forth in Section 10.1.
Content: Any data, text, articles, information, materials, documents, graphics, images, photographs, audio, video, software, source code, object code, scripts, or other content in any format.
Data Protection Law: The UK GDPR (United Kingdom General Data Protection Regulation), the EU GDPR (General Data Protection Regulation 2016/679, to the extent applicable), the UK Data Protection Act 2018, the Privacy and Electronic Communications Regulations 2003 (PECR), and any successor, amending, or implementing legislation thereto, as well as any other applicable data privacy, data security, data breach notification, or personal information protection laws or regulations in relevant jurisdictions.
DPA: The Qamla Data Processing Addendum applicable to certain data processing activities under these Terms, incorporated herein by reference as specified in Section 9.5.
Documentation: Any user manuals, online help files, installation guides, technical specifications, operational procedures, or other documentation, in any medium, provided or made available by Qamla to User relating to the operation or use of the Platform or Services.
Employer: An Entity or individual using the Services primarily for the purpose of posting Job Opportunities, searching for potential Candidates, managing recruitment processes, communicating with Candidates, or engaging potential hires.
Fees: The subscription fees, usage charges, and other amounts payable by Users for access to and use of specific tiers, features, or subscription levels of the Services, as set forth on the Qamla website, within the Platform interface, or in a mutually executed Order Form.
Force Majeure Event: Has the meaning set forth in Section 18.7.
Intellectual Property Rights: Any and all registered and unregistered rights granted, applied for, or otherwise now or hereafter existing anywhere in the world under or related to patent law, copyright law, trademark law, trade secret law, database protection law, sui generis rights law, or other intellectual property rights regimes, and all similar or equivalent rights or forms of protection.
Job Seeker or Candidate: An individual using the Services primarily for personal, non- commercial purposes such as searching for Job Opportunities, creating a professional profile, uploading a resume, submitting applications, or interacting with potential Employers.
Job Opportunity: A listing, posting, advertisement, or description of a potential employment position, contract role, freelance engagement, or similar work opportunity posted by an Employer on the Platform.
Order Form: Any physical or electronic ordering document, online order confirmation page, or similar mutually agreed instrument that specifies the Services subscribed to by a User, the applicable Subscription Term, Fees, quantities, and other specific commercial details, and which expressly incorporates these Terms by reference.
Personal Data: Has the meaning ascribed to "personal data" or similar terms (such as "personal information") under applicable Data Protection Law.
Platform: Qamla's proprietary online hiring technology platform, encompassing its websites (including but not limited to qamla.co.uk and any subdomains), mobile applications, application programming interfaces (APIs), software (including source and object code), system architecture, databases, Documentation, AI components, user interfaces, and related technologies provided or made available by Qamla as part of the Services.
Qamla IP: Collectively, the Platform, the Services, the Documentation, Qamla's AI algorithms and models, any anonymized, aggregated, or statistical data derived from Platform usage (provided it does not identify any individual or User), Qamla's trademarks, service marks, logos, trade names, domain names, and all underlying technology, software, hardware, processes, methodologies, know-how, trade secrets, and Intellectual Property Rights embodied therein or related thereto, excluding only User Content.
Services: The provision by Qamla of access to and use of the Platform, including all features, functionalities, tools (including AI features), interfaces, support services, and other services offered by Qamla under these Terms and any applicable Order Form.
Subscription Term: The specific duration for which a User has subscribed to access and use particular paid Services, as set forth in the applicable Order Form or selected during the online subscription process, subject to renewals as described herein.
User: Any individual (such as a Job Seeker, an authorized representative of an Employer, or a visitor browsing the public areas of the Platform) or any Entity (such as an Employer) that accesses or uses the Platform or Services in any way.
User Content: Any Content that is submitted, posted, uploaded, generated, stored, transmitted, displayed, or otherwise made available by a User (or on a User's behalf) on or through the Platform, including but not limited to profile information, resumes, CVs, Job Opportunities, company descriptions, messages exchanged between Users, reviews, ratings, assessment responses, and application materials, but specifically excluding Feedback.

1.2. Interpretation: In the interpretation of these Terms: (a) section headings are for convenience only and shall not affect interpretation; (b) the singular includes the plural and vice versa, and gender-neutral terms apply to all genders; (c) the words "including," "includes," and "such as" are illustrative and shall be deemed to mean "including without limitation"; (d) references to Sections, Appendices, or Exhibits refer to those within these Terms unless otherwise specified; (e) references to any statute, regulation, or law include all amendments, re- enactments, and successor legislation thereto; (f) the terms "written" or "in writing" include electronic communications such as email, provided sender retains reasonable proof of transmission.