2.1 Service Eligibility Here are some promises you make to us in this Contract: You’re eligible to enter into this Contract and you are at least our “Minimum Age.”The Services are not for use by anyone under the age of 16. To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Recruiter Insider account which must be in your real name; and (3) you are not already restricted by Recruiter Insider from using the Services. 2.2 Your Account You’ll keep your password a secret.You will not share an account with anyone else and will follow our rules and the law. Members are account holders. You agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account and (4) follow the law and our list of Dos and Don’ts. You are responsible for anything that happens through your account unless you close it or report misuse.As between you and others (including your employer), your account belongs to you. However, if the Services were purchased by another party for you to use (e.g. your employer), the party paying for such Service has the right to control access to and get reports on your use of such paid Service; it is also at their discretion as to transferring your account to another employer should you leave. 2.3 Payment
You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices. We don't guarantee refunds. Failure to pay these fees will result in the termination of your paid Services. Also, you agree that:Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date.We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase. 2.4 Notices and Service Messages You’re okay with us providing notices to you through our websites, apps, and contact information your provided to us. If the contact information you provide is out of date, you may miss out on important notices.You agree that we will provide notices to you in the following ways: (1) a notice within the Service, or (2) a message sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
3. Rights and Limits
3.1 Service Availability We may change, suspend or end any Service, or change and modify prices prospectively in our discretion. To the extent allowed under law, these changes may be effective upon notice provided to you. We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.3.5 Intellectual Property Rights We’re providing you notice about our intellectual property rights.Recruiter Insider reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are be the trademarks of their respective owners. Recruiter Insider and “R” logos and other Recruiter Insider trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of Recruiter Insider.
4. Disclaimer and Limit of Liability
4.1 No Warranty This is our disclaimer of legal liability for the quality, safety, or reliability of our Services. TO THE EXTENT ALLOWED UNDER LAW, RECRUITER INSIDER (AND THOSE THAT RECRUITER INSIDER WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU. 4.2 Exclusion of Liability These are the limits of legal liability we may have to you. TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS RECRUITER INSIDER HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), RECRUITER INSIDER AND ITS AFFILIATES (AND THOSE THAT RECRUITER INSIDER WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT). IN NO EVENT SHALL THE LIABILITY OF RECRUITER INSIDER AND ITS AFFILIATES (AND THOSE THAT RECRUITER INSIDER WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF (A) FIVE TIMES THE MOST RECENT FEE THAT YOU PAID FOR A SERVICE, IF ANY, OR (B) AUD $1000.THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND RECRUITER INSIDER AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF RECRUITER INSIDER OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
We can each end this Contract anytime we want.Both you and Recruiter Insider may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:Sections 4, 6 and 7 of this Contract;Any amounts owed by either party prior to termination remain owed after termination.
6. Dispute Resolution
In the unlikely event we end up in a legal dispute, we agree to resolve it in Victorian courts (using Victorian law)
7. General Terms
Here are some important details about how to read the Contract. If a court with authority over this Contract finds any part of it not enforceable, you and us agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and us agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.If we don't act to enforce a breach of this Contract, that does not mean that Recruiter Insider has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Recruiter Insider may assign this Contract to its affiliates or a party that buys it without your consent. There are no third party beneficiaries to this Contract. We reserve the right to change the terms of this Contract and will provide you notice if we do and we agree that changes cannot be retroactive. If you don't agree to these changes, you must stop using the Services. You agree that the only way to provide us legal notice is at the addresses provided in Section 10.
8. Recruiter Insider “Dos” and “Don’ts”
8.1. DosYou agree that you will:Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;Provide accurate information to us and keep it updated;Use your real name on your profile;Use the Services in a professional manner. 8.2. Don’tsYou agree that you will not:Act in an unlawful or unprofessional manner in connection with our Services, including being dishonest, abusive or discriminatory;Use an image that is not your likeness or a head-shot photo for your profile;Create a false identity on Recruiter Insider. The occasional creation of clearly fictional profiles by Recruiter Insider or with its express permission in connection with a promotional campaign does not waive this obligation;Misrepresent your identity (e.g. by using a pseudonym), your current or previous positions, qualifications or affiliations with a person or entity;Create a Member profile for anyone other than yourself (a real person);Use or attempt to use another's account;Harass, abuse or harm another person;Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape the Services or otherwise copy profiles and other data from the Services;Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Recruiter Insider;Solicit email addresses or other personal information from Members you don’t know, without authorization.Use, disclose or distribute any data obtained in violation of this policy;Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));Violate the intellectual property or other rights of Recruiter Insider, including, without limitation, (i) copying or distributing our technology, unless it is released under open source licenses; (ii) using the word “Recruiter Insider” or our logos in any business name, email, or URL without our permission;Post anything that contains software viruses, worms, or any other harmful code;Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;Imply or state that you are affiliated with or endorsed by Recruiter Insider without our express consent (e.g., representing yourself as an accredited Recruiter Insider trainer);Rent, lease, loan, trade, sell/re-sell access to the Services or related data;Sell, sponsor, or otherwise monetize any Service without Recruiter Insider’s consent;Deep-link to our Services for any purpose other than to promote your profile without Recruiter Insider’s consent;Remove any copyright, trademark or other proprietary rights notices contained in or on our Service;Remove, cover or obscure any advertisement included on the Services;Use bots or other automated methods to access the Services, add or download any data;Monitor the Services’ availability, performance or functionality for any competitive purpose;Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;Overlaying or otherwise modifying the Services or their appearance;Access the Services except through the interfaces expressly provided by Recruiter Insider, such as its mobile applications, Recruiter Insider.com or any other of our URL’s;Use a Service for tasks that it is not intended for;Override any security feature of the Services;Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
9. How To Contact Us
If you want to send us notices or service of process, please contact us: firstname.lastname@example.org