SmartRecruiters - Usage Agreement
The SmartRecruiters recruiting software (”SmartRecruiters” provides users with additional pay-per-use recruitment Services. Following below are the Terms and Conditions for using the additional, pay-per-use recruitment Services available through your SmartRecruiters recruiting software. By using any of the additional pay-per-use Services available within your free SmartRecruiters recruiting software, you accept these Terms and Conditions:
1. Your relationship with SmartRecruiters
1.1 Your use of SmartRecruiters’ software and services (referred to collectively as the ‘Services’ in this document and excluding any services provided to you by SmartRecruiters under a separate written agreement) is subject to the terms of a legal agreement between you and SmartRecruiters. “SmartRecruiters” means MrTed Ltd., whose principal place of business is at 3-5 Bleeding Heart Yard, London EC1N 8SJ, United Kingdom. This Terms and Conditions of Use agreement (”Usage Agreement”) will form a binding contract between you (or the company you are acting on behalf of, either, “You” or “Your”) and SmartRecruiters governing Your use of our services. Read this Usage Agreement carefully. You are agreeing to be contractually bound by the terms and conditions set forth in this Usage Agreement. If you do not agree with any of the terms and conditions stated in this Usage Agreement, do not use this web site or any associated services.
1.2 Unless otherwise agreed in writing with SmartRecruiters, your agreement with SmartRecruiters will always include, at a minimum, the terms and conditions as outlined on: http://www.smartrecruiters.com/static/terms-of-service/. These are referred to below as the “Universal Terms”.
1.3 Your agreement with SmartRecruiters will also include the terms of any Legal Notices applicable to the Services, in addition to the Universal Terms. All of these are referred to below as the “usage Agreement” Where Usage Agreement apply to a Service, these will be accessible for you to read either within, or through your use of, that Service.
1.4 The Universal Terms, together with the Additional Terms, form a legally binding agreement between you and SmartRecruiters in relation to your use of the Services. It is important that you take the time to read them carefully. Collectively, this legal agreement is referred to below as the “Terms”.
1.5 If there is any contradiction between what the Usage Agreement say and what the Universal Terms say, then the Usage Agreement shall take precedence in relation to that Service.
2. Accepting the Terms
2.1 In order to use the Services, you must first agree to the Terms. You may not use the Services if you do not accept the Terms.
2.2 You can accept the Terms by:
(A) clicking to accept or agree to the Terms, where this option is made available to you by SmartRecruiters in the user interface for any Service; or
(B) by actually using the Services. In this case, you understand and agree that SmartRecruiters will treat your use of the Services as acceptance of the Terms from that point onwards.
2.3 You may not use the Services and may not accept the Terms if (a) you are not of legal age to form a binding contract with SmartRecruiters, or (b) you are a person barred from receiving the Services under the laws of England and Wales or other countries including the country in which you are resident or from which you use the Services.
2.4 Before you continue, you should print off or save a local copy of the Universal Terms for your records.
3. Language of the Terms
3.1 Where SmartRecruiters has provided you with a translation of the English language version of the Terms, then you agree that the translation is provided for your convenience only and that the English language versions of the Terms will govern your relationship with SmartRecruiters.
3.2 If there is any contradiction between what the English language version of the Terms says and what a translation says, then the English language version shall take precedence.
4. Usage Agreement for Services
4.1 You must be 13 years or older to use this Service.
4.2 Any User must be an individual person or a legally registered company. Examples of inappropriate and prohibited Profiles include, but are not limited to, Profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual that is not You.
4.3 You must provide your legal full name, a valid email address, and any other information requested in order to complete the payment process.
4.4 You are responsible for all content posted and activity that occurs under your account.
4.5 You may not use the Service for any illegal or unauthorized purpose. You must not, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).
4.6 SmartRecruiters specifically prohibits any other use of the SmartRecruiters Application, and all Users agree not to do any of the following:
4.6.1 post jobs or content on any SmartRecruiters Site that contain hyperlinks, “hidden” keywords or keywords that are irrelevant to the job or are otherwise misleading;
4.6.2 post jobs for modeling or talent or talent scouting positions on any SmartRecruiters Application;
4.6.3 use any SmartRecruiters Resume Database for any purpose other than as an employer seeking employees, including but not limited to using the information in the SmartRecruiters Resume Database to sell or promote any products or services;
4.6.4 use the SmartRecruiters Communities for commercial recruitment, executive search, staffing, outsourced employment or any other professional employment or recruitment activity; (f) post or submit to any SmartRecruiters Site any incomplete, false or inaccurate biographical information or information which is not your own;
4.6.5 post on any SmartRecruiters Site any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), or requires recruitment of other members, sub-distributors or sub-agents;
4.6.6 send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of products or services to a User of any SmartRecruiters Site;
4.6.7 delete or revise any material posted by any other person or entity;
4.6.8 take any action that imposes an unreasonable or disproportionately large load on any SmartRecruiters Site’s infrastructure;
4.6.9 notwithstanding anything to the contrary contained herein, use or attempt to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any SmartRecruiters Site other than the search engine and search agents available from SmartRecruiters on such SmartRecruiters Site and other than generally available third party web browsers (e.g., Internet Explorer, Firefox, Safari, Chrome);
4.6.10 decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any SmartRecruiters Site;
4.6.11 aggregate, copy or duplicate in any manner any of the SmartRecruiters Content or information available from any SmartRecruiters Site, without express written consent from SmartRecruiters; or
4.6.12 frame or link to any SmartRecruiters Content or information available from any SmartRecruiters Site.
4.7 You represent, covenant, and warrant that you will use the Services only in compliance with the Terms of Use and all applicable laws (including but not limited to policies and laws related to spamming, privacy, obscenity, or defamation). You agree you will not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited e-mail to any third party. You hereby agree to indemnify and hold harmless SmartRecruiters against any damages, losses, liabilities, settlements, and expenses (including without limitation costs and reasonable attorneys’ fees) in connection with any claim or action that arises from an alleged violation of the foregoing or otherwise arising from or relating to your use of the Services. While SmartRecruiters has no obligation to monitor the content provided by you or your use of the Services, SmartRecruiters may do so and may remove any such content and/or prohibit any use of the Services it believes may be (or is alleged to be) in violation of the foregoing. SmartRecruiters may also terminate your account.
4.8 You are responsible for maintaining the security of your account and password. SmartRecruiters cannot and will not be liable for your failure to comply with this security obligation.
4.9 SmartRecruiters reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice.
5. Postings/Submissions
5.1 This site makes no guarantees as to the level of success a user may achieve by using this site or its services. Certain third party partners may make such performance guarantees with the approval of the company. Otherwise, You shall not be entitled to any refund, rebate or retribution for usage that You determine to be unsuccessful.
5.2 SmartRecruiters makes no guarantee that Your posting(s) will be accessible for the entire term of its listing. Computer outages, software failure and other technical and non-technical issues may cause temporary outages that SmartRecruiters cannot be held liable for.
5.3 No party may upload any offensive or hurtful items or hyperlinks to offensive or hurtful materials. Additionally no items may be uploaded that are designed to damage the systems (ex. Viruses, Trojan horses, worms, time bombs, etc.) or designed to crack the system or extract protected data.
6. Security
You may not access, collect, record, alter or interfere with account data that does not belong to You. Any attempts or successes at violating another user’s data or privacy shall result in breach of this usage agreement and may result in criminal or civil proceedings.
7. Specific Prohibited Uses
7.1 No party may maintain an excessive amount of data on SmartRecruiters servers or upload anything that may cause excessive strain on SmartRecruiters systems and networks.
7.2 No party may use the services available on the Career Center for any purpose other than their intended uses. This shall include, but not be limited to, the practice of posting openings that do not specifically exist for the purpose of collecting resumes or other data from our users. This practice is explicitly restricted and may result in cancellation of Your posting and removal of Your usage rights.
7.3 No party may use our services with the intent of hurting, damaging, destroying, or otherwise infringing on the stability and usefulness of SmartRecruiters’s services.
7.4 SmartRecruiters reserves the right to alter, edit, or remove any data posted.
7.5 No party may aggregate, package, spider, collect, display any of the content on this site without the express written consent of SmartRecruiters .
7.6 Violation of any of the terms below will result in the termination of your Account. While SmartRecruiters prohibits certain content on the Service, you understand and agree that SmartRecruiters cannot be responsible for any content posted on the Service. You agree to use the Service at your own risk.
8. General Conditions for the use of all Services available within SmartRecruiters
8.1 Your use of the Service is at your sole risk. The service is provided on an “as is” and “as available” basis.
8.2 The failure of SmartRecruiters to exercise or enforce any right or provision of the Terms of Service shall not constitute a waiver of such right or provision. The Terms of Service constitutes the entire agreement between you and SmartRecruiters and govern your use of the Service, superceding any prior agreements between you and SmartRecruiters (including, but not limited to, any prior versions of the Terms of Service or Terms of Service from 3rd parties service providers.
8.3 Questions about the Terms of Service should be sent to us using our Contact Us page.
9. Other content
9.1 The Services may include hyperlinks to other web sites or content or resources. SmartRecruiters may have no control over any web sites or resources which are provided by companies or persons other than SmartRecruiters.
9.2 You acknowledge and agree that SmartRecruiters is not responsible for the availability of any such external sites or resources, and does not endorse any products or other materials on or available from such web sites or resources.
9.3 You acknowledge and agree that SmartRecruiters is not liable for any loss or damage which may be incurred by you as a result of the availability of those external sites or resources, or as a result of any reliance placed by you on the completeness, accuracy or existence of any advertising, products or other materials on, or available from, such web sites or resources.
10. Changes to the Terms
10.1 SmartRecruiters may make changes to the Universal Terms or Usage Agreement from time to time. When these changes are made, SmartRecruiters will make a new copy of the Universal Terms available at http://www.smartrecruiters.com/static/terms-of-service/ and any new Usage Agreement will be made available to you from within, or through, the affected Services.
10.2 You understand and agree that if you use the Services after the date on which the Universal Terms or Usage Agreementhave changed, SmartRecruiters will treat your use as acceptance of the updated Universal Terms or Additional Terms.
11. General legal terms
11.1 Sometimes when you use the Services, you may (as a result of, or through your use of the Services) use a service, or purchase goods, which are provided by another person or company. Your use of these other services, software or goods may be subject to separate terms between you and the company or person concerned. If so, the Terms do not affect your legal relationship with these other companies or individuals.
11.2 The Terms constitute the whole legal agreement between you and SmartRecruiters and govern your use of the Services (but excluding any services which SmartRecruiters may provide to you under a separate written agreement), and completely replace any prior agreements between you and SmartRecruiters in relation to the Services.
11.3 You agree that SmartRecruiters may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on the Services.
11.4 You agree that if SmartRecruiters does not exercise or enforce any legal right or remedy which is contained in the Terms (or which SmartRecruiters has the benefit of under any applicable law), this will not be taken to be a formal waiver of SmartRecruiters’s rights and that those rights or remedies will still be available to SmartRecruiters.
11.5 If any court of law, having the jurisdiction to decide on this matter, rules that any provision of these Terms is invalid, then that provision will be removed from the Terms without affecting the rest of the Terms. The remaining provisions of the Terms will continue to be valid and enforceable.
11.6 You acknowledge and agree that each member of the group of companies of which SmartRecruiters is the parent shall be third party beneficiaries to the Terms and that such other companies shall be entitled to directly enforce, and rely upon, any provision of the Terms which confers a benefit on (or rights in favour of) them. Other than this, no other person or company shall be third party beneficiaries to the Terms.
11.7 The Terms, and your relationship with SmartRecruiters under the Terms, shall be governed by English law. You and SmartRecruiters agree to submit to the exclusive jurisdiction of the courts of England to resolve any legal matter arising from the Terms. Notwithstanding this, you agree that SmartRecruiters shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
Disclaimer
Disclaimer of Warranty.
SMARTRECRUITERS DOES NOT WARRANT THAT ANY SMARTRECRUITERS APPLICATION WILL OPERATE ERROR-FREE OR THAT ANY SMARTRECRUITERS APPLICATION AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY SMARTRECRUITERS APPLICATION OR THE SMARTRECRUITERS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SMARTRECRUITERS IS NOT RESPONSIBLE FOR THOSE COSTS. THE SMARTRECRUITERS APPLICATION AND SMARTRECRUITERS CONTENT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SMARTRECRUITERS , TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SMARTRECRUITERS MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SMARTRECRUITERS CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
Disclaimer of Consequential Damages.
IN NO EVENT SHALL SMARTRECRUITERS , ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY SMARTRECRUITERS APPLICATION BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SMARTRECRUITERS SITE AND THE SMARTRECRUITERS CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SMARTRECRUITERS IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Limitation of Liability.
SMARTRECRUITERS ‘S MAXIMUM LIABILITY ARISING OUT OF OR IN CONNECTION WITH ANY SMARTRECRUITERS APPLIOCATION OR YOUR USE OF THE SMARTRECRUITERS CONTENT AND SERVICES, REGARDLESS OF THE CAUSE OF ACTION (WHETHER IN CONTRACT, TORT, BREACH OF WARRANTY OR OTHERWISE), WILL NOT EXCEED $100.
References and links to products and services belonging to third parties are provided for Your convenience and do not represent an endorsement by SmartRecruiters of such products or services. Materials accessible from or added to this Career Center site by third parties, including, though not limited to, job listings or comments posted in discussion groups, are strictly the responsibility of the third party who added such materials or made them accessible. While SmartRecruiters reserve the right to monitor third-party discussions and to remove materials that SmartRecruiters believes are inappropriate. SmartRecruiters neither endorses nor undertakes to control, monitor, edit or assume responsibility for any such third-party material.
February 1st, 2010
