BY USING THE SERVICES IN ANY MANNER, YOU AGREE THAT YOU ARE TO BE
BOUND BY AND A PARTY TO THE TERMS AND CONDITIONS OF THIS
AGREEMENT, AND SUCH SUPPLEMENTAL TERMS NOTIFIED TO YOU FROM TIME
TO TIME THAT APPLY TO SPECIFIC SERVICES SELECTED BY YOU (TOGETHER
THE “AGREEMENT”) TO THE EXCLUSION OF ALL OTHER TERMS. IF THE TERMS
OF THIS AGREEMENT ARE CONSIDERED AN OFFER, ACCEPTANCE IS
EXPRESSLY LIMITED TO SUCH TERMS. USE OF REKRUTA SERVICES IS
EXPRESSLY CONDITIONED UPON YOUR ASSENT TO ALL THE TERMS AND
CONDITIONS OF THIS AGREEMENT, TO THE EXCLUSION OF ALL OTHER TERMS.
1. CONTRACTING PARTY. Rekruta is the sole contracting party liable for any
obligations to you under this Agreement. By using our Services, and/or making
payments for the use of the Website and/or the Services, you agree that the only party
liable to you under this Agreement is Rekruta, its successors and assigns.
2. DESCRIPTION OF THE SERVICES. The services provided by Rekruta consist of a
web-based recruitment database and management software and include other services
and tools offered by Rekruta from time to time which you have selected and which are
subject to supplemental terms (together the “Services”). The Services enable you as a
customer to do all that have been described on the product information that we provide
on our website. Other products and services might be available for a supplemental fee
depending on the agreement.
3. ACCESS TO THE SERVICES. The Services, together with the www.Rekruta.com
website and domain name and any other linked pages, features, content, or application
services offered from time to time by Rekruta (collectively, the “Website”), are owned
and operated by Rekruta. Subject to the terms and conditions of this Agreement,
Rekruta hereby grants you a non-exclusive license, with no right to sublicense, to copy
and install certain Rekruta code on a website you own, control or operate, for the sole
purpose of using the Services in connection with such websites.
Rekruta may change, suspend or discontinue the Services at any time, including the
availability of any feature, database, or Rekruta Content (as defined below). Rekruta
may also impose limits on certain features and services or restrict your access to parts
or all of the Services without notice or liability.
Rekruta is entitled to modify this Agreement at any time by posting a notice on the
Website, or by sending you a notice via email or postal mail. As such, the responsibility
of reviewing and becoming familiar with any such modifications shall fall upon you.
You represent and warrant to Rekruta that:
(i) you you are at least 13 years of age or older, and are of legal age to sign the binding
(ii) all registration information you submit is accurate, truthful, and can be held
accountable in the court of Law.
You also certify that you have been legally granted the permission to use and access
the Services and take full responsibility for the selection and use of and access to the
Services. This Agreement is void where prohibited by law, and the right to access the
Services will be revoked in such circumstances.
4. Rekruta CONTENT. All materials displayed or performed on the Website or in the
Services, including, but not limited to text, graphics, articles, photographs, images,
illustrations (also known as the “Rekruta Content,”) are protected by copyright; for which
you shall abide by all copyright notices, trademark rules, information, and restrictions
contained in any Rekruta Content accessed through the Services, and shall not use,
copy, reproduce, modify, translate, publish, broadcast, transmit, distribute, perform,
license, sell or otherwise exploit for any purposes whatsoever, without the express prior
written consent of the respective owners.
Without written consent or otherwise agreed by both parties, you shall not store any
significant portion of any Rekruta Content in any form. Copying or storing of any
Rekruta Content other than personal, noncommercial use is expressly prohibited
without prior written permission from Rekruta or from the copyright holder identified in
such Rekruta Content’s copyright notice. If you link to the Website, Rekruta may revoke
your right to so link at any time, at Rekruta’s sole discretion.
5. YOUR CONTENT. In the course of using the Services, you may provide information
which may be used by Rekruta in connection with the Services. You understand that by
providing content, materials or information (including without limitation information
relating to your end user customers) to Rekruta or in connection with the Services
(collectively, “Your Content”), Rekruta hereby is and shall be granted a nonexclusive,
worldwide, royalty free, perpetual, and irrevocable right to use, process, store, copy,
reproduce, reformat, translate, modify and create derivative works of Your Content
(including all related intellectual property rights) in connection with Rekruta’s provision
of the Services. For clarity, the foregoing license grant to Rekruta does not affect your
ownership of or right to grant additional licenses to the material in Your Content.
You also acknowledge and agree that Rekruta may use Your Content internally for
improving the Services, and on an anonymized and aggregate basis for the purposes of
marketing and improving the Services.
6. RESTRICTIONS. You are responsible for all of your activity in connection with the
Services. Any fraudulent, abusive, or otherwise illegal activity may be grounds for
termination of your right to access or use the Services. You may not post or transmit, or
cause to be posted or transmitted, any communication or solicitation designed or
intended to obtain password, account, or private information from any other user of the
Services. Use of the Services to violate the security of any computer network, crack
passwords or security encryption codes, transfer or store illegal material (including
material that may be considered threatening or obscene), or engage in any kind of
illegal activity is expressly prohibited. You will not run Maillist, Listserv, any form of
auto-responder, or “spam” on the Services, or any processes that run or are activated
while you are not logged on to the Website, or that otherwise interfere with the proper
working of or place an unreasonable load on the Services’ infrastructure. Further, the
use of manual or automated software, devices, or other processes to “crawl,” “scrape,”
or “spider” any page of the Website is strictly prohibited. You will not decompile, reverse
engineer, or otherwise attempt to obtain the source code of the Services. You will be
responsible for withholding, filing, and reporting all taxes, duties and other governmental
assessments associated with your activity in connection with the Services.
You acknowledge that all Rekruta Content and Your Content (together, “Content”)
accessed by you using the Services is at your own risk and you will be solely
responsible for any damage or loss to any party resulting therefrom. Under no
circumstances will Rekruta be liable in any way for any Content, including, but not
limited to, any errors or omissions in any Content, including without limitation reports
generated by the Services, or any loss or damage of any kind incurred in connection
with use of or exposure to any Content posted, emailed, accessed, transmitted, or
otherwise made available via the Services.
You, not Rekruta, remain solely responsible for all Content, including messages, that
you upload, post, email, transmit, or otherwise disseminate using, or in connection with,
the Services. You acknowledge and agree that your indemnity obligation also applies to
any third party claims relating to your disclosure of any third party personally identifiable
information or the tracking of visitors (including without limitation your end user
customers) on your website.
7. WARRANTY DISCLAIMER. You acknowledge that Rekruta has no control over, and
no duty to take any action on the users that gain access to the Services; all Contents
you access via the Services; the effects of such Contents may have on you; the way
you may interpret and use the Content; or any actions you may take as a result of
having been exposed to the Content.
You release Rekruta from all liability for you having acquired or not acquired Content
through the Services. The Services may contain, or direct you to websites or
applications containing information that some people may find offensive or
inappropriate. Rekruta makes no representations concerning any content contained in
or accessed through the Services, and Rekruta will not be responsible or liable for the
accuracy, copyright compliance, legality or decency of material contained in or
accessed through the Services.
8. REGISTRATION AND SECURITY. As a condition to using some aspects of the
Services, you may be required to register with Rekruta and set a password and user
name (“User ID”). You shall provide Rekruta with accurate, complete, and updated
registration information. Failure to do so shall constitute a breach of this Agreement,
which may result in immediate termination of your account.
You may not attempt to select or use as a User ID a name of another person with the
intent to impersonate that person or a name subject to any rights of a person other than
you without appropriate authorization. Rekruta reserves the right to refuse registration of
or cancel a User ID in its discretion. You shall be responsible for maintaining the
confidentiality of your password.
9. LIMITATION OF LIABILITY. In no event shall rekruta, or their respective officers,
directors, employees, or agents be liable with respect to the website or the services or
the subject matter of this agreement under any contract, negligence, tort, strict liability
or other legal or equitable theory for any indirect, incidental, punitive, or consequential
damages of any kind whatsoever, data loss or cost of procurement of substitute goods
or services, and for any matter beyond rekruta’s reasonable control. Some states do not
allow the exclusion or limitation of incidental or consequential damages, so the above
limitations and exclusions may not apply to you.
10. FEES AND PAYMENT. Rekruta reserves the right to require and collect payment of
fees for certain or all Services. All applicable fees as described on the Website in
connection with the selected Services shall be paid accordingly. Rekruta reserves the
right to change its price list and to institute new charges at any time, upon notice to you,
which may be sent by email or posted on the Website. Your use of the Services
following such notification constitutes your acceptance of any new or increased
charges. Any fees paid hereunder are non-refundable.
11. TAXES. “Taxes” means all taxes, levies, imposts, duties, fines or similar
governmental assessments imposed by any jurisdiction, country or any subdivision or
authority thereof including, but not limited to federal, state or local sales, VAT, GST,
use, property, excise, service, transaction, privilege, occupation, gross receipts or
similar taxes, in any way connected with this Agreement or agreement required
hereunder, and all interest, penalties or similar liabilities with respect thereto, except
such taxes imposed on or measured by a party’s net income.
All prices, fees and other charges payable under this Agreement or agreement ancillary
to or referenced by this Agreement, are exclusive of any Taxes. You agree to bear and
be responsible for all such Taxes. You shall make all payments required without
deduction of any Taxes, except as required by law.
If you are a tax-exempt entity or claims exemption from any Taxes under this
Agreement, you shall provide a certificate of exemption upon execution of this
Agreement and, after receipt of valid evidence of exemption, Rekruta shall not charge
you any Taxes from which it is exempt. Without limiting the foregoing, all references to
payments made in this Agreement are exclusive of any VAT, GST or other consumption
taxes (collectively, “VAT”) chargeable and where required by law, VAT shall be itemized
at the rate applicable, if any, and paid in addition thereto. You shall communicate to
Rekruta your VAT identification number(s) attributed by (i) the country where you have
established your business, and/or (ii) any other country where you have established a
fixed establishment, to which the Services under this Agreement are provided. Rekruta
shall consider the Services under this Agreement to be for your business use and
provided to the location(s) of you in accordance with the provided VAT identification
number(s). You shall comply with all applicable tax laws and regulations, and you shall
provide Rekruta all necessary assistance to facilitate the recovery or refund of any VAT
paid by Rekruta in relation to the Services to the respective government or authority.
You hereby agree to indemnify Rekruta for any Taxes and related costs paid or payable
by Rekruta attributable to Taxes that would have been your responsibility under this
section if invoiced to you. You shall promptly pay or reimburse Rekruta for all costs and
damages related to any liability incurred by Rekruta as a result of your non-compliance
or delay with its responsibilities herein. Your obligation under this section shall survive
the termination or expiration of this Agreement.
12. THIRD PARTY WEBSITES. The Services may contain links to third party websites
or services (“Third Party Websites”) that are not owned or controlled by Rekruta. When
you access Third Party Websites, you do so at your own risk.
13. TERMINATION. This Agreement shall remain in full force and effect while you use
the Services. You may terminate your use of the Services at any time. Rekruta may
terminate or suspend your access to the Services or your membership at any time, for
any reason, and without warning, which may result in the forfeiture and destruction of all
information associated with your membership. Rekruta may also terminate or suspend
any and all Services and access to the Website immediately, without prior notice or
liability, if you breach any of the terms or conditions of this Agreement. Upon termination
of your account, your right to use the Services, access the Website, and any Content
will immediately cease. All provisions of this Agreement which, by their nature, should
survive termination, shall survive termination, including, without limitation, ownership
provisions, warranty disclaimers, and limitations of liability.
14. MISCELLANEOUS. The failure of either party to exercise, in any respect, any right
provided for herein shall not be deemed a waiver of any further rights hereunder. If any
provision of this Agreement is found to be unenforceable or invalid, that provision shall
be limited or eliminated to the minimum extent necessary so that this Agreement shall
otherwise remain in full force and effect and enforceable. This Agreement is not
assignable, transferable or sublicensable by you except with Rekruta’s prior written
consent. Rekruta may transfer, assign or delegate this Agreement and its rights and
obligations without consent. No agency, partnership, joint venture, or employment is
created as a result of this Agreement and you do not have any authority of any kind to
bind Rekruta in any respect whatsoever. Headings for each section have been included
above for your convenience, but such headings do not have any legal meaning, and
may not accurately reflect the content of the provisions they precede.