This User Agreement ('Agreement') has been created to enable you to use the RBK Global GmbH (B199217) and Hiring Products Limited (48344) ('Merchant') sites, including tool applications, mobile apps and other tools (collectively referred to as the 'Site'). This Agreement includes the legally binding terms that govern your use of the Site.
Please ensure that you read Merchant full User Agreement.
Your right to make use of this Site and any Material (as defined in Section 9 of the Agreement) or other content appearing on it is subject to your compliance with the Agreement. Modification or use of the Material or any other content on this Site for any purpose not permitted by the Agreement may be a violation of the Copyrights and/or Trademarks protected by law and this Agreement, and is prohibited.
You may copy, access, download and display Material and all other content displayed on this Site for non-commercial, personal, entertainment use on a single computer only. The Material and all other content on this Site may not otherwise be copied, reproduced, republished, uploaded, displayed posted, transmitted, distributed or used in any way unless specifically authorised by the Merchant. Any authorisation to copy or download Material granted by the Merchant on any part of this Site for any reason is restricted to making a single copy for non-commercial, personal, entertainment use on a single computer only, and is subject to your keeping intact all copyright and other proprietary notices. Using any Material on any other website or networked computer environment is prohibited. Also, decompiling, reverse engineering, disassembling or otherwise reducing the code used in any software on this Site into a readable form in order to examine the construction of such software and/or to copy or create other products based (in whole or in part) on such software is prohibited.
The Merchant will consider anything that you provide the Merchant with and/or contribute to this Site as available for our use, free of any obligations to you (including any payment), except where solicited Invited Submissions are expressly governed by Additional Terms appearing elsewhere on this Site (see Submissions), in which event, these Additional Terms may determine how we will treat your Invited Submissions. Under no circumstances will we pay you for the use of your ideas or submissions.
Subject to Section 8 of this Agreement and to the extent permissible under applicable law, your account information, CV, career history, educational history, reviews, responses, profile entries, posts, questions, career material or any other information that you provide on or through the Site may not be able to be deleted once uploaded. For some of our features, other members may be able to request email notifications of your new public content or publish their own comments to your comments. We may use the public content to develop products, make connections with potential employers, personalise site views, market products, or identify or feature popular members. By posting or uploading any content to this Site, including personal information and CV information, and/or providing any communication or Material to the Merchant ('User Content'), you automatically and irrevocably:
We, the Merchant, require you not to post CVs, covering letters, send emails or submit to or publish through forums available on the Site, or otherwise make available on this Site any content, or act in a way, which in our opinion:
In addition, you are prohibited from removing any sponsorship banners or other Material inserted by the Merchant anywhere on this Site (e.g. on any web space made available for your use).
When you create an account or provide career information to the Merchant on or through the Site (including via forms available on the Site or by uploading a CV) you agree that you are solely responsible for the accuracy of your User Content. You understand and agree that the Merchant may offer information that is of most interest to you. You acknowledge that you have no ownership rights in your account or an email account that you might register with us. If you request that your information be deleted, it will no longer be publicly available and, to the extent permissible by law, we will take all reasonable steps to delete it. The Merchant has no obligation to maintain any account that you open and may delete it if you violate the Agreement, as determined at the Merchant's sole and absolute discretion. With your consent, the Merchant may review emails in any email account that you establish with the Merchant, at its sole discretion, and you have no reasonable expectation of privacy in same.
If you believe that any content appearing on this Site infringes your copyright rights, we request you to contact the Merchant. Please forward the following information, in writing, to the Copyright Agent at the address listed below:
Hiring Products Limited.
RBK Global GmbH,
6302 Zug, Switzerland
For the attention of: Z. Hanson, DMCA Designated Agent
The Merchant seeks to preserve any and all exemptions from liability that may be available under the copyright law, but does not necessarily stipulate that it is a service provider as defined in USC section 512(c) or elsewhere.
The Merchant respects the intellectual property rights of others and asks users of this Site to do the same. This Site and any Material incorporated by the Merchant on this Site, including data files, program files, software, codes and other Material that is made available to download from this Site ('Material') are protected by Copyrights, patents, trade secrets or other proprietary rights ('Copyrights'). Some of the Trademarks, trade names, characters, logos or other images incorporated by the Merchant on this Site are also protected as registered or unregistered trademarks, trade names and/or service marks owned by the Merchant or others ('Trademarks'). The Merchant respects the intellectual property rights of others and asks users of this Site to do the same. The use or misuse of the Copyrights or Trademarks, except as permitted herein, is expressly prohibited. Nothing stated or implied on the Site confers on you any licence or right to the Trademarks, Copyrights, moral rights, information or other intellectual property rights (whether or not registered) of the Merchant or any third party.
To access this Site or some of the resources that it has to offer, you may be asked to provide registration details. It is a condition of use of this Site that all the details you provide be correct, current and complete. If the Merchant believes that the details are incorrect, not current or incomplete, we have the right to refuse you access to the Site, or any of its resources, and to terminate or suspend your account.
This Site is a general-audience Site for adults. We will assume (and by using this Site you warrant that) you have legal capacity to enter into this Agreement (i.e. that you are of sufficient age and mental capacity, and are otherwise entitled to be legally bound in contract).
In order to use this Site, you must obtain access to the World Wide Web and pay any service fee associated with that access. You will need to provide all equipment necessary to connect to the Site on the World Wide Web (including a computer, modem, mobile device, tablet and/or other access devices).
THE SITE AND ALL THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES AND OTHER CONTENT ON THE SITE ARE PROVIDED 'AS IS' AND 'AS AVAILABLE' WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS, IMPLIED OR COLLATERAL. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, THE SITE, MERCHANT AND ANY SUBSIDIARIES OR AFFILIATED COMPANIES OF THE MERCHANT ('MERCHANT GROUP') DISCLAIM ALL WARRANTIES AND CONDITIONS, EXPRESS, IMPLIED OR COLLATERAL, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE MERCHANT DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED ON THIS SITE WILL BE AVAILABLE, UNINTERRUPTED OR ERROR FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE SITE OR THE SERVERS THAT MAKE THE SITE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. THE MERCHANT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS OR CONDITIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE, OR ANY WEBSITES LINKED TO THE SITE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE. THE MERCHANT MAKES NO WARRANTIES OR CONDITIONS THAT YOUR USE OF THE MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT ON THE SITE OR ANY WEBSITE WILL NOT INFRINGE THE RIGHTS OF OTHERS, AND THE MERCHANT ASSUMES NO LIABILITY OR RESPONSIBILITY FOR ERRORS OR OMISSIONS IN SUCH MATERIAL, INFORMATION, SOFTWARE, FACILITIES, SERVICE OR OTHER CONTENT OF THE SITE OR ANY OTHER WEBSITE. IF APPLICABLE LAW DOES NOT ALLOW THE EXCLUSION OF SOME OR ALL OF THE IMPLIED WARRANTIES OR CONDITIONS ABOVE TO APPLY TO YOU, THE EXCLUSIONS ABOVE WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW. YOUR USE OF THIS SITE IS AT YOUR OWN RISK.
IF YOU ARE ACCESSING THIS SITE FROM THE EUROPEAN UNION OR OTHER JURISDICTIONS THAT DO NOT RECOGNISE DISCLAIMERS OF CERTAIN WARRANTIES, NOTHING IN THIS AGREEMENT SHALL EXCLUDE OR LIMIT LIABILITY FOR DEATH OR PERSONAL INJURY RESULTING FROM THE NEGLIGENCE OF EITHER PARTY OR THEIR SERVANTS, AGENTS OR EMPLOYEES.
THE MERCHANT DISCLAIMS ALL LIABILITY, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, AND DOES NOT ACCEPT ANY LIABILITY FOR ANY LOSS OR DAMAGE (DIRECT, INDIRECT, PUNITIVE, ACTUAL, CONSEQUENTIAL, INCIDENTAL, SPECIAL, EXEMPLARY OR OTHERWISE) RESULTING FROM ANY USE OR MISUSE OF, OR INABILITY TO USE, THE SITE OR ANY OTHER WEBSITE, OR THE MATERIAL, INFORMATION, SOFTWARE, PRODUCTS, FACILITIES, SERVICES OR OTHER CONTENT ON THE SITE OR ANY OTHER WEBSITE, REGARDLESS OF THE BASIS UPON WHICH LIABILITY IS CLAIMED AND EVEN IF ANY MEMBER OF THE MERCHANT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS OR DAMAGE. WITHOUT LIMITATION, YOU (AND NOT ANY MEMBER OF THE MERCHANT) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION IN THE EVENT OF ANY SUCH LOSS OR DAMAGE ARISING. IN NO EVENT WILL THE MERCHANT GROUP'S AGGREGATE LIABILITY TO YOU IN CONNECTION WITH THE SITE AND SERVICE OR THESE TERMS EXCEED (A) THE AMOUNT (IF ANY) PAID BY YOU TO THE MERCHANT'S GROUP IN THE SIX (6) MONTHS IMMEDIATELY PRECEDING THE EVENT THAT GAVE RISE TO THE LIABILITY; OR (B) ONE HUNDRED DOLLARS ($100), WHICHEVER IS LESS. IF APPLICABLE LAW DOES NOT ALLOW ALL OR ANY PART OF THE LIMITATION OF LIABILITY ABOVE TO APPLY TO YOU, THE LIMITATIONS WILL APPLY TO YOU ONLY TO THE EXTENT PERMITTED BY APPLICABLE LAW.
You agree to indemnify and hold harmless the Merchant and its officers, directors, employees, agents, distributors and affiliates from and against any and all claims, demands, liabilities, costs or expenses, including reasonable legal fees, resulting from your breach of the Agreement, including any of the foregoing provisions, representations, warranties or conditions, and/or from your placement or transmission of any content onto the Merchant's servers, and/or from any and all use of your account.
If you have a dispute with one or more users (including merchants), you release the Merchant (and our, and their respective officers, directors, employees, and agents) from claims, demands, liabilities, costs or expenses and damages (actual and consequential) of every kind and nature, known and unknown, arising out of, or in any way connected with, such disputes. By entering into this release, you expressly waive any protection (whether statutory or otherwise) to the extent permitted by applicable law that would otherwise limit the coverage of this release to include only those claims that you may know or suspect to exist in your favour at the time of agreeing to this release.
The Merchant reserves the right to modify or discontinue, temporarily or permanently, all or any part of this Site and/or any software, facilities and services on this Site, with or without notice, and/or to establish general guidelines and limitations on their use.
Please note that this Agreement may be revised and reissued prospectively by posting updated terms on this Site. You consent and agree to receive notices of updates of the Agreement through our posting of updated terms of the Agreement on the Site. You should visit this page regularly to review the current terms. Your continued use of the Site will be deemed as irrevocable acceptance of any revisions.
If any provision of these Terms shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this agreement and shall not affect the validity and enforceability of any remaining provisions. This is the entire agreement between you and the Merchant relating to the matters contained here and on the Site.
To the fullest extent permissible by law, with the exception of disputes pertaining to the Merchant's intellectual property rights and certain statutory claims that, pursuant to law, are not arbitrable, any dispute of any kind between you and the Merchant arising under these terms shall be resolved through binding arbitration pursuant to the JAMS Streamlined Arbitration Rules and Procedures on an individual basis with no class relief. The arbitrator shall be a retired judge or justice of any Delaware state or federal court with substantial experience in the Internet industry and shall follow Delaware substantive law in adjudicating the dispute, except that this Section 20 (a) shall be construed as a 'written agreement to arbitrate' pursuant to the Federal Arbitration Act ('FAA'). You and we agree that we intend that this Section 20 (a) satisfies the 'writing' requirement of the FAA. The hearing shall be conducted in the county that encompasses the billing address that you have provided the Merchant with. For any claim in which you seek USD10,000.00 or less, you shall have the choice as to whether the hearing is conducted in person, by telephone or whether the arbitrator should decide the dispute without a hearing instead. For those claims that the arbitrator determines are not frivolous, the Merchant shall pay the costs and fees of JAMS and the arbitrator. The Merchant agrees that it will not seek reimbursement from you for its costs and fees incurred by it in the arbitration. AGREEMENT TO THESE TERMS CONSTITUTES AN AGREEMENT TO PURSUE YOUR CLAIM ON AN INDIVIDUAL BASIS AND A WAIVER OF THE ABILITY TO PURSUE YOUR CLAIM IN A CLASS ACTION.
If any controversy, allegation or claim (including any non-contractual claim) arises out of, or relates to, the Site or this Agreement, then you and we agree to send a written notice to the other providing a reasonable description of the Section 20 (b) dispute, along with a proposed resolution of it. Our notice to you will be sent to you based on the most recent contact information that you provide us with. But if no such information exists, or if such information is not current, then we have no obligation under this Section 20 (b). Your notice to us must be sent to us at firstname.lastname@example.org. For a period of sixty (60) days from the date of receipt of notice from the other party, the Merchant and you will engage in dialogue in order to attempt to resolve the Section 20 (b) dispute, although nothing will require either you or the Merchant to resolve the Section 20 (b) dispute on terms that either you or the Merchant, each at our sole discretion, are uncomfortable with. Nothing in this section will prevent a party from pursing their claims in court or via another complaints process.
Any usernames and passwords used for this Site are for individual use only. You shall be responsible for the security of your username and password (if any). The Merchant shall be entitled to monitor your username and password and, at its discretion, require you to change it. If you use a username and password that the Merchant considers insecure, the Merchant will be entitled to require this to be changed and/or terminate your account.
You are prohibited from using any services or facilities provided in connection with this Site to compromise security or tamper with systems resources and/or accounts. The use or distribution of tools designed for compromising security (e.g. password-guessing programs, cracking tools or network-probing tools) is strictly prohibited. If you become involved in any violation of systems security, the Merchant reserves the right to release your details to systems administrators at other sites in order to assist them with resolving security incidents.
The Merchant reserves the right to investigate suspected violations of this Agreement, including, without limitation, any violation arising from any submission, posting or email that you make or send to any forum. The Merchant may seek to gather information from the user who is suspected of violating this Agreement, and from any other user. The Merchant may suspend any users whose conduct or postings are under investigation and may remove such Material from its servers as it deems appropriate, and without notice. If the Merchant believes, at its sole discretion, that a violation of this Agreement has occurred, it may remove the Material permanently, cancel postings, warn users, suspend users and passwords, terminate accounts or take any other corrective action that it deems appropriate. The Merchant will fully cooperate with any law-enforcement authorities or court orders requesting or directing the Merchant to disclose the identity of anyone posting any emails, or publishing or otherwise making available any Material that is believed to violate these terms. BY ACCEPTING THIS AGREEMENT, YOU WAIVE AND HOLD HARMLESS ALL THE MERCHANT'S MEMBERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE MERCHANT'S MEMBERS DURING, OR AS A RESULT OF, ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER A MERCHANT'S MEMBER OR THE LAW-ENFORCEMENT AUTHORITIES.
Without limitation, you agree not to send, create or reply to so-called 'email bombs' (i.e. emailing copies of a single message to many users or sending large or multiple files or messages to a single user with malicious intent) or engage in 'spamming' (i.e. unsolicited emailing for business or other purposes), or undertake any other activity which may adversely affect the operation or enjoyment of this Site by any other person.
The Material and all other content on this Site are presented for the purpose of providing information regarding products available in the United States and elsewhere.
With the exception of Section 20 (a), which will be construed in accordance with the FAA, to the fullest extent permitted by the applicable jurisdiction, this Agreement shall be governed by, construed and enforced in accordance with, the laws of the State of Delaware, as they are applied to agreements entered into and to be performed entirely within Delaware.
The Merchant makes no representation that the Material or other content on the Site are appropriate or available for use outside the United States, its territories, possessions and protectorates. If you choose to access the Site from other locations, you do so on your own initiative and at your own risk.
You are responsible for complying with local laws, if and to the extent that local laws are applicable. You specifically agree to comply with all applicable laws concerning the transmission of technical data exported from the United States or the country in which you reside.
Any area of this Site that is accessed through any proprietary online service is subject to the rules, policies and guidelines of such proprietary online service.
If you purchase any services that we offer for a fee, either on a one-off or subscription basis, you agree that the Merchant may store your payment information. You also agree to pay the applicable fees for the products/services that you order (including, without limitation, periodic fees for monthly or annual subscriptions) as they become due, plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Failure to pay may result in the termination of your subscription. Depending on where you transact with us, the type of payment method used and where your payment method was issued, your transaction may be subject to foreign-exchange fees or differences in price, including because of exchange rates. Your transaction may be subject to foreign currency-exchange fees assessed by your bank or card issuer. The Merchant is not responsible for any foreign currency-exchange fees or surcharges and will not make any compensation or reimbursement for charges imposed by your bank or card issuer. The Merchant does not support all payment methods, currencies or locations for payment. If the payment method that you use with us, such as a credit card, reaches its expiry date and you do not edit your payment-method information or cancel your account or such service, you authorise us to continue billing that payment method and you remain responsible for any uncollected amounts. Your obligation to pay fees continues until the end of the subscription period during which you cancel your subscription. All applicable taxes are calculated based on the billing information that you provide us with at the time of purchase. You may cancel or suspend your service by going to the homepage under My accounts and My settings. The Merchant does not guarantee refunds. You acknowledge that any products or services that you purchase are subject to the Agreement and any Additional Terms related to the provision of any product or service.
This Site may link you to other sites on the Internet. These sites may contain information about job opportunities, employers, job candidates or Material that some people may find inappropriate or offensive. These other sites are not under the control of the Merchant, and you acknowledge that (whether or not such sites are affiliated in any way with the Merchant). The Merchant is not responsible for the accuracy of job postings or candidates' CVs, legality, decency or any other aspect of the content of such sites. The inclusion of such a link does not imply endorsement of any site by the Merchant or any association with its operators. The Merchant does not make any representations or warranties as to the security of any information (including, without limitation, credit card and other personal information) that you might be requested to give any third party, and you irrevocably waive any claim against us with respect to such sites. We strongly encourage you to use caution before providing any sensitive information (e.g. national insurance numbers or financial information) to any third party and to make whatever investigation you feel necessary or appropriate before proceeding with any communication with any of these third parties.
To better protect your privacy, we provide a notice explaining our online information practices and the choices that you can make about the way your information is collected and used on this Site. Click here to show this notice, which forms part of these terms.
From time to time, areas on this Site may expressly request submissions of ideas or improvements through promotions, surveys or otherwise ('Invited Submissions'). Where this is the case, please carefully read any specific rules or other terms and conditions which appear elsewhere on this Site to govern those submissions ('Additional Terms'), as they will affect your legal rights. If no Additional Terms govern those submissions, then the Agreement will apply in full to any Invited Submissions that you make. IN ANY EVENT, ANY MATERIAL THAT YOU SEND US WILL NOT BE TREATED AS CONFIDENTIAL. Regardless of any industry custom or practice, we will not pay you for the use of any content that you submit to the Site.
This Site is controlled and operated by the Merchant. Please forward any comments or complaints about the Site to email@example.com. Please forward any questions regarding privacy to firstname.lastname@example.org, and other legal matters to email@example.com. You can also write to Hiring Products Limited. RBK Global GmbH, Grafenaustrasse 5, 6302 Zug, Switzerland.
Copyright (c) 2019, Hiring Products Limited, All rights reserved.