Last Updated: August 30, 2012
The Services are intended for use by persons and entities that are of legal capacity to create a binding legal agreement and who are not barred from receiving services under the laws of their jurisdiction ("Legal Capacity"). Accordingly, if you not of Legal Capacity, you are not allowed to use the Site and Services. Be aware that we are not and shall not be held liable for any breach of this requirement.
All communications between you and us shall be by electronic means. You hereby consent and agree to receive communications from us in an electronic form.
- You are required to create an account in order to use the Site. You agree that all information provided by you is accurate, full, complete and up-to-date at all times. Recruitment agencies or recruiting software/service vendors may not use this site without express prior permission. Your registration must be completed using your real name. Each registration is for you (or, if applicable, for the use of the legal entity on whose behalf you access the Site). You may only use one single account. You may not use the account of others, or allow others to use your account, and you are responsible for preventing such unauthorized use.
- You agree that we rely on "User ID"s to confirm whether users accessing the Site and using our Services are authorized to do so. If a user accesses the Site using a User ID that was issued to you, we will rely on that User ID and will assume you personally are accessing the Site. You are solely responsible for any and all access to the Site or use of the Service by persons using your User ID. Please notify us immediately if you become aware that your User ID is being used without authorization.
- We reserve the right to suspend or terminate your account at our sole discretion should you fail to meet the requirements set forth above.
- When you use the Site and Services, you gain access to information and materials created by you and others (collectively, "Content"). Therefore:
- You agree that information and opinions in Content created by third parties represent solely the thought of the author and are neither endorsed by us or reflect our beliefs. You acknowledge that you may be exposed to certain Content, which may violate our policies or otherwise be offensive to you. You agree that you use the Site and Services at your own risk. We take no responsibility for your exposure to Content on the Site whether it violates our content policies or not.
- If you provide referrals to open positions, please note that we may use Content to rank you as you and your recommendations.
- You may join the Site directly or by logging using your account with social networking sites such as Facebook, Twitter and LinkedIn (collectively, "SNS"). If you elect to use such SNS accounts, you will be required to enable such accounts to allow us to obtain your required Personal Information from such accounts as well as share information on your SNS account as permitted by you.
- Open Positions and Referrals
- Open positions ("Open Positions") may be posted and viewed on the Site. If you are not the employer who posted an Open Position, you may refer a candidate ("Candidate") for such Open Position by providing us information regarding such Candidate, such as a name, email address, SNS profile link, or resume. ("Referral").
- If you were named as Candidate for an Open Position by way of Referral, you may visit the Site, register to create an account, and apply for such Open Position.
- If You are an Employer:
You may associate a referral reward with each Open Position when opened ("Referral Reward"), and agree to pay us within ninety (90) calendar days of engaging a new Candidate referred by way of Referral (“Platform Fee”) (even if such Candidate was accepted for a position which is different than the one originally posted by you, and regardless of the form of engagement), the entire amount set out in the Schedule of Fees and Incentives document. If such engaged Candidate will not continue to be engaged by you following 90 (ninety) calendar days form the date of engagement (being the earlier of (i) that date on which you have commenced engaging such Candidate, or (ii) the date on which you have entered into an agreement with such Candidate) (the "Date of Engagement"), then you will not be under obligation to pay us the Referral Reward or the Platform Fee.
- If You are not an Employer:
- Referral Reward, if payable to you will be of the sole responsibility of your employer and falls under their internal referral agreement and terms. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO PROVIDE ACCURATE, COMPLETE AND UP-TO-DATE INFORMATION AT ALL TIMES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY ERRORS MADE WITH RESPECT WHEREOF. ROLEPOINT DO NOT TAKE ANY RESPONSIBILITY FOR REFERRAL REWARDS OR BONUSES WHICH HAVE BEEN PUBLIZIED WITH ANY OPEN POSITION.
- Tax Issues
- If you are entitled to Referral Fee, you agree to be responsible at all times to report such income and pay all taxes to which you are subject under any applicable law or regulation. Notwithstanding, please note we reserve the right to withhold at source any amount for any Referral Fee you may be entitled to, at our sole discretion.
- If you are entitled to a Referral Reward, you may be required to provide certain financial information and personal information, including but not limited to your email, mailing address. IT IS YOUR EXCLUSIVE RESPONSIBILITY TO PROVIDE ACCURATE, COMPLETE AND UP-TO-DATE INFORMATION AT ALL TIMES. WE SHALL HAVE NO RESPONSIBILITY FOR ANY ERRORS MADE WITH RESPECT WHEREOF. If you do not provide such information within 6 months of the Date of Entitlement, you forfeit your Referral Reward. The amount of your Referral Reward, if any, will vary depending on a variety of factors, including but not limited to the number of people referred a Candidate for the applicable open position
- General Rules of Conduct
- You hereby agree and undertake not to (i) conduct or promote any illegal activities while using the Site or Services; (ii)hold yourself out as sponsored by, endorsed by, or affiliated with the Site or Services; (iii)upload, post, email, transmit or otherwise make available information that is unlawful, infringes on another's intellectual property and other rights, or is harmful to minors in any way; (iv) use any portion of the Site, Services for uploading, posting, emailing, transmitting or otherwise making available messages that are harmful, threatening, abusive, vulgar, obscene, defamatory, libelous, hateful, or racially, ethnically or otherwise objectionable; (v)attempt to interfere with any other person's use of the Services (vi) attempt to modify, translate, adapt, edit, decompile, disassemble, reverse engineer, lease, rent, distribute, or otherwise transfer any of the rights that you receive hereunder and any software programs used by us in connection with the Site or Services; (vii) attempt to gain access to secured portions of the Site to which you have no permission to enter, including database, computer systems or servers; (viii)upload or transmit any form of virus, worm, trojan horse, or other malicious code; (ix)use any portion of the Site or Services for uploading, posting, emailing, transmitting or otherwise making available junk mail, commercial advertisements, or any other form of commercial solicitation; (x)use any automatic or manual process to search or harvest information from the Site or Services, to interfere in any way with the proper functioning of the Site and Services, or engage in any activity that disrupts, diminishes the quality of, interferes with the performance of, or impairs the functionality of, the Site and Services; or (xi)misrepresent your identity or impersonate any person.
- Non-Confidentiality and Security
- No Warranty
- If you are an employer, you acknowledge and agree that we do not, and do not intend to, replace or substitute your human resources department in any way, and are not responsible to provide any service other than the Services (including, without limitation, any guaranty to the quality, personal integrity or suitability for an Open Position or any position of any Candidate). You agree to obtain appropriate professional advice and to conduct all enquiries as you deem required and at your own expense;
- The Site and Services are provided "as is", without warranty of any kind, either express or implied. Without limiting the foregoing, we explicitly disclaim all warranties, express or implied, regarding the Site and Services, including any implied warranty of quality, availability, merchantability, fitness for a particular purpose or non-infringement, and any warranties arising out of course of dealing or usage of any trade, including without limitation to the Site being free from defect or any virus, worm, trojan horse or any other malicious code. YOU HEREBY RELEASE US FROM ANY DAMAGES, CLAIMS OR OTHER CAUSE OF ACTION RELATED IN ANY WAY, DIRECTLY OR INDIRECTLY, TO THE SITE AND SERVICES. WE MAKE NO WARRANTY THAT THE SITE AND SERVICES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. WE MAKE NO WARRANTY REGARDING THE QUALITY OF THE SERVICES AND THE SITE, OR TO THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY CONTENT OBTAINED THEREBY. THE ABOVE SHALL ALSO APPLY TO ANY INFORMATION YOU MAY RECEIVE FROM US OR THROUGH US AT ANY TIME.
- Without derogating from the above, you hereby acknowledge and agree that in provision of the Services and operation of the Site, we may rely from time to time on services provided by third parties, including, but not limited to, data network providers, hosting services providers, clearing services providers etc. Any transaction may be temporarily refused, limited, interrupted, or curtailed due to government regulations or orders, network modifications, repairs, and upgrades or banking, financial institution or other similar bodies. WE ARE NOT, AND SHALL NOT BE, OBLIGED TO PROVIDE THE SERVICES WHERE SUCH FACTORS PREVENT IT. YOU AGREE THAT WE SHALL NOT BE LIABLE FOR ANY LOSSES, DAMAGES, OR BUSINESS INTERRUPTIONS SUSTAINED AS A RESULT OF INTERRUPTIONS CAUSED BY DATA NETWORK PROVIDERS OR ANY OTHER THIRD-PARTY PROVIDER.
- You are solely and exclusively responsible for all your communications and interactions with us or with any person or entity with whom you may communicate, interact or engage as a result of your use of the Site or Services. You agree and confirm that we do not, and do not intend to, make any inquiries of any person or entity or verify the information any person or entity submits or provides using the Site and Services. You agree to take precautions in all communications and interactions with any person or entity whether made on-line or off-line.
- Limitation of Liability
- You hereby expressly agree that we shall have the right, at any time and at our sole discretion, to take any action to monitor any interaction or engagement resulting from the use of the Site or Services by you and any third party. To the full extent permitted by law, you hereby release us from any claims or liability relating in any way thereto.
- THE PROVISIONS OF THIS SECTION SHALL APPLY REGARDLESS OF THE NATURE OF ANY CLAIM, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT WE ARE IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Intellectual Property
- You acknowledge and agree that we and our licensors (as applicable) retain sole, full and exclusive ownership of all intellectual property rights of any kind related to the Site and Services, including copyrights, trademarks and other proprietary rights ("Intellectual Property Rights"). No license is granted hereunder to any Intellectual Property Rights. "RolePoint" and "RolePoint.com" are our trademarks. Other names that are mentioned on the Site or provided as part of the Services may be trademarks of their respective owners. We reserve all rights that are not expressly granted to you hereunder.
- 8.2. You hereby represent and warrant that you alone retain full and absolute title to all intellectual property rights in any copyrighted materials (including trademarks) that are contained in Content that you provide. You hereby grant us a perpetual, non-exclusive, royalty-free, fully paid, worldwide, irrevocable sub-licensable license, to use all such materials for the provision of the Services and in connection thereto.
- If you believe that your work has been used in a way that constitutes copyright infringement by users of the Site or Services (in their capacity as such), please provide us all information pertaining thereto as soon as possible. We reserve the right, but no the obligation, to ask you for any further information as we deem appropriate.
- We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services ("Feedback"). You may submit Feedback by email to email@example.com or using our online form. You acknowledge and agree that all Feedback will be solely and exclusively our property and you hereby irrevocably assign to us all right, title, and interest that you may have in and to all Feedback, including without limitation all worldwide patent rights, copyright rights, trade secret rights, and other proprietary or intellectual property rights therein.
- General Terms