Terms & Conditions

Company: Orbit Rail Ltd
Company Number: 16109111

1. Interpretation and Definitions

1.1 In these Terms and Conditions (“Terms”), unless the context otherwise requires:

• “Orbit Rail”, “we”, “us”, or “our” refers to the operator of the Platform.

• “Platform” means the Orbit Rail mobile application, web application, and associated systems.

• “Services” means all services, functionality, features, and tools provided via the Platform.

• “User” means any individual or entity accessing or using the Platform, including Workers, Agencies, and Training Centres.

• “Worker” means an individual user seeking or managing employment-related opportunities.

• “Agency” means any recruitment agency or organisation utilising the Platform for workforce management or hiring purposes.

• “Training Centre” means any entity providing training services or certification-related services listed on the Platform.

1.2 References to legislation include all amendments, updates, or re-enactments in force from time to time.

2. Acceptance of Terms

2.1 By accessing, registering with, or using the Platform, you acknowledge and agree that you have read, understood, and agree to be bound by these Terms.

2.2 If you are entering into this Agreement on behalf of an organisation, you confirm that you have the authority to bind that organisation to these Terms.

2.3 If you do not agree to these Terms, you must not use the Platform.

3. Nature of the Platform and Services

3.1 Orbit Rail operates strictly as a technology and software platform designed to facilitate efficiency within the rail workforce ecosystem.

3.2 Orbit Rail does not:

• Act as an employment agency or employment business under the Employment Agencies Act 1973

• Provide work-finding services as defined under applicable legislation

• Employ Workers or enter into employment contracts on behalf of any User

• Guarantee employment opportunities, assignments, or job placements

3.3 All recruitment activities, hiring decisions, onboarding processes, and compliance obligations remain solely the responsibility of the relevant Agency or Training Centre.

3.4 Users acknowledge that Orbit Rail acts only as an intermediary technology provider and does not participate in contractual relationships between Users.

4. User Accounts and Access

4.1 Users are required to create an account to access certain features of the Platform.

4.2 Users agree to:

• Provide accurate, current, and complete information

• Maintain and promptly update such information

• Keep login credentials secure and confidential

4.3 Users are solely responsible for all activities carried out under their account.

4.4 Orbit Rail reserves the right, at its sole discretion, to:

• Suspend or terminate accounts

• Restrict access to the Platform

• Request verification documentation

5. Worker Obligations and Representations

5.1 Workers warrant and represent that:

• All information provided is accurate, complete, and not misleading

• All certifications, qualifications, and documents uploaded are valid and belong to them

• They will maintain the accuracy and validity of their information

5.2 Workers acknowledge that:

• Orbit Rail does not independently verify all information

• Agencies may rely on but must independently verify provided data

5.3 Workers remain fully responsible for ensuring compliance with all applicable legal and professional requirements.

6. Agency Obligations

6.1 Agencies agree and acknowledge that they are solely responsible for:

• Verifying worker identity, qualifications, and right to work

• Conducting due diligence and compliance checks

• Ensuring compliance with all relevant laws, including but not limited to:

  • Conduct of Employment Agencies and Employment Businesses Regulations 2003

  • Employment law and right-to-work legislation

6.2 Agencies must not rely solely on Platform data and must carry out independent verification.

7. Training Centre Obligations

7.1 Training Centres must:

• Ensure all information published on the Platform is accurate and up to date

• Maintain all required certifications, licences, and accreditations

• Deliver training in accordance with applicable standards

8. Data Usage and External Systems (Including Sentinel)

8.1 Orbit Rail may process workforce-related data including certifications, competencies, and expiry dates.

8.2 Where integration or interaction with third-party systems (including Sentinel) occurs:

• Only necessary and relevant data (such as competencies and expiry dates) is accessed

• Orbit Rail does not access, collect, or store login credentials

• No unauthorised access, scraping, or circumvention of security measures is performed

8.3 All data is used strictly for legitimate Platform functionality and service improvement.

9. Fees, Subscriptions, and Payment

9.1 Access to certain Services may require payment of subscription fees.

9.2 Fees:

• Are payable in advance

• May be charged on a monthly or annual basis

• Are non-refundable unless otherwise agreed

9.3 Orbit Rail reserves the right to:

• Modify pricing upon reasonable notice

• Charge for additional users, features, or services

9.4 Failure to make payment may result in suspension or termination of access.

10. Intellectual Property Rights

10.1 All intellectual property rights in the Platform, including software, design, content, and branding, remain the exclusive property of Orbit Rail or its licensors.

10.2 Users are granted a limited, non-exclusive, non-transferable licence to use the Platform.

10.3 Users must not:

• Copy, reproduce, or distribute the Platform

• Reverse engineer or decompile any part of the Platform

• Use the Platform to create a competing product

11. Acceptable Use

11.1 Users agree not to:

• Upload false, misleading, or fraudulent information

• Use the Platform for unlawful or harmful purposes

• Attempt unauthorised access or security breaches

• Introduce malicious software or harmful code

11.2 Orbit Rail reserves the right to remove content or restrict access where violations occur.

12. Confidentiality

12.1 Each party agrees to keep confidential any non-public information received in connection with the Platform.

12.2 Such information shall not be disclosed except:

• With prior written consent

• Where required by law

13. Limitation of Liability

13.1 Orbit Rail shall not be liable for:

• Recruitment decisions or outcomes

• Worker performance or conduct

• Loss of profits, revenue, or business opportunities

• Any indirect or consequential losses

13.2 The total liability of Orbit Rail shall not exceed the total fees paid by the User in the 12 months preceding the claim.

14. Indemnity

Users agree to indemnify and hold harmless Orbit Rail from any claims, damages, liabilities, or expenses arising from:

• Breach of these Terms

• Misuse of the Platform

• Non-compliance with applicable laws

15. Termination

Orbit Rail may terminate or suspend access:

• For breach of these Terms

• For non-payment

• Where unlawful or harmful activity is detected

16. Force Majeure

Orbit Rail shall not be liable for failure or delay caused by events beyond reasonable control.

17. Governing Law and Jurisdiction

These Terms are governed by the laws of England and Wales, and the courts of England and Wales shall have exclusive jurisdiction