These Terms of Service (“Terms”) govern the contractual relationship between:
Meet Your Ltd, trading as Hirestance, a company governed by the laws of England and Wales, having its registered office at 118 Pall Mall, London, SW1Y 5ED, United Kingdom (hereinafter referred to as “Hirestance”, “we”, “our”, and “us”),
and
each Employer (as defined below), Candidate (as defined below), user or visitor (collectively “you” or “your”) (i) accessing Hirestance’s website located at https://hirestance.com (hereinafter referred to as the “Website”), and/or (ii) using the Services (as defined under Clause 3.2 of these Terms) via the Website.
You and Hirestance shall also hereinafter be referred to together as the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the Website. Your access to the Website and your use of the Services (defined below) is conditioned upon your acceptance of and compliance with these Terms.
Acceptance of Terms
By accessing the Website and by using the Services (defined below) you agree to be bound by these Terms and accept to comply with all applicable laws and regulations. Should you disagree to be bound by these Terms, in whole or in part, you shall (i) not be permitted/authorized to use the Services (defined below) on the Platform (defined below), and (ii) refrain from accessing the Website.
Your continued use of the Website and Services on the Platform (defined below) shall be deemed to constitute your acceptance of these Terms.
Modification of Terms
Hirestance reserves the right, at any time and in its sole discretion, to modify or replace these Terms. You shall be solely responsible for checking these Terms periodically, to stay abreast of any changes to the Terms. If you object to any such changes, your sole recourse shall be to cease using the Website and/or Services (defined below). Your continued use/access to the Website and use of the Services on the Platform (defined below) following the posting of any changes to these Terms shall indicate your acknowledgement of such changes and satisfaction with the Website and/or Services (defined below) as so modified and therefore shall be subject to the newly modified Terms.
Platform and Services
Hirestance provides Employers (defined below) with a Web-based recruitment and hiring merits-based platform (hereinafter referred to as the “Platform”) which enables Employers (defined below), to use the Services (defined below).
Hirestance also:
provides all companies and hiring managers (“Employer(s)”) with the Platform in order for the Employers to (a) post job opportunities on the Employer’s social media account(s) and/or e-mail using a unique shareable URL link provided by Hirestance, (b) screen and interview Candidates (defined below), (c) evaluate the qualifications and achievements of potential Candidates (defined below) for employment, and (d) gain access to hiring analytics and reporting to improve the Employer’s hiring processes;
provides qualified and experienced professionals (“Candidate(s)”) with access to the Platform to search and apply for full-time or contract working opportunities with Employers;
provides Employers with coaching services;
provides Consultancy Services (defined below);
provides you with access to our blog published on the Website; and
acts as a third party intermediary, facilitating the recruitment/hiring of Candidates by Employers on the Platform.
(collectively the “Service(s)”).
In addition to the Services offered on the Platform, Hirestance also provides Employers with ad hoc consultancy services (“Consultancy Services”). You acknowledge that the Consultancy Services are provided outside the Platform and as such are provided to you at an additional cost, and on a retainer or monthly fee basis.
You acknowledge that Hirestance may add, change, suspend, remove or discontinue any or all of the Services and Website, in its sole discretion, and at any time, without notice and for any or no reason.
You acknowledge that Hirestance shall not be responsible for (i) conducting any background checks and screenings on Candidates, (ii) verifying a Candidate’s academic and employment history, and (iii) checking a Candidate’s immigration status (i.e. ability to work). Employer shall be solely and exclusively responsible for conducting its own due diligence in respect of the recruitment and hiring of Candidate(s).
Employer agrees to not, at any time solicit, entice away or offer employment to or endeavour to solicit, entice away or offer employment, outside the Platform, to any Candidate who is registered on or found by the Employer through the Platform. Failure to adhere to this Clause 3.5 shall result in the termination/suspension of your User Account as further provided herein under Clause 17 (Suspension and Termination).
Employer acknowledges and agrees that:
Hirestance does not have any control of the behavior, response(s) or actions of the Candidates, as such Hirestance shall not be held liable for any interaction/communication between the Employer and Candidate; and
it is Employer’s responsibility to ensure that Employer executes any and all necessary contractual arrangements with Candidates whether on a temporary, casual, contract or permanent employment basis. The terms of employment and any contractual arrangements shall be strictly negotiated and agreed between the Employer and the Candidate, and shall be approved/accepted by the Candidate directly.
in the event of any dispute arising between Employer and any Candidate, the Employer agrees that Hirestance shall not be held liable for any loss or damage suffered by the Employer resulting from any such dispute and the Employer hereby holds Hirestance harmless from any such loss or damage or any liability in relation to any dispute.
Hirestance does not control or endorse the content, messages or information found in any Services and, therefore, Hirestance specifically disclaims any liability with regard to the Services and any actions resulting from your participation in any Services.
Hirestance does not and shall not be required to assume, and expressly disclaims, any obligations or liabilities that could arise from or relate to an employment or independent contractor relationship (whether between Hirestance and Candidate, or between Employer and Candidate), including, but not limited to, any obligations or liabilities relating to immigration or sponsorship matters or other work permits, wages, expenses, benefits, workers compensation premiums, health insurance, unemployment, social security, training or tax obligations.
Registration, Password and Security
4.1 To be able to use the Services on the Platform, Candidates and/or Employers. must register on the Website by providing all required information which shall include but not be limited to:
the Employer’s business logo, company name, website address, email address, industry name, company size and type, year founded, location(s) and contact information; or
the Candidate’s full name, email address, LinkedIn profile address, physical address, and contact information.
An account shall thereafter be opened by Hirestance, in its sole discretion, for the Employer or Candidate on the Website (“User Account”).
4.2 You agree to:
(i) provide true, accurate, current and complete information about yourself as prompted by Hirestance’s registration process on the Website; and
(ii) maintain and promptly update the information provided during registration to keep it true, accurate, current, and complete at all times.
4.3 If you provide any information to Hirestance that is untrue, inaccurate, outdated, or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, outdated, or incomplete, we may close your User Account on the Website and deny you the ability to access and use the Services.
4.4 You may indicate, during the registration process, to Hirestance your choice of User Account’s username and password to be used as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the confidentiality of your Login Credentials; and (ii) any and all activities which occur under your User Account. You agree to notify Hirestance immediately of any unauthorized use of your User Account or any other breach of security. Hirestance shall not be liable for any loss that you may incur as a result of any third party using your Login Credentials and/or accessing/using your User Account either with or without your knowledge. However, you may be held liable for losses incurred by Hirestance due to any third party using your Login Credentials and/or User Account. You acknowledge and agree that you may not use the User Account of another user registered on the Website without the express permission of such User Account holder, and impersonate any individual or entity, when accessing the Website and when using the Services on the Platform.
Employer’s Subscription Plans
5.1 The Employer’s use of the Services shall be billed on a monthly recurring and periodic basis. Hirestance currently offers only Employers with access to different subscription plans on the Website, tailored to the Employer’s intended use of the Services and which shall enable Employers to use selected Services (“Subscription Plan(s)”). Each Subscription Plan shall include restrictions and requirements that outline the features of the Subscription Plan that you will have access to as well as the applicable fee. The features of each Subscription Plan shall be further detailed on the Website.
5.2 Employers will be billed on a recurring and periodic basis (“Billing Cycle”). Billing Cycles may be set on a monthly basis.
5.3 At the end of each Billing Cycle, the Employer’s Subscription Plan will automatically renew under the exact same conditions unless (i) the Employer cancels their respective Subscription Plan from their User Account’s dashboard, or (ii) Hirestance cancels the Subscription Plan, in accordance with these Terms.
5.4 A valid payment method, including credit card or debit card is required to process the payment for the Employer’s selected paid Subscription Plan. When an Employer subscribes to a paid Subscription Plan, they shall provide Hirestance with their full name, business name, address, postal code, telephone number, value added tax identity number, and credit or debit card details. By submitting such payment information, the Employer automatically authorize Hirestance to charge all Subscription Plan fees to such credit or debit card.
5.5 Employer’s may cancel their chosen Subscription Plan, at any time, for any reason or no reason, by providing Hirestance with one (1) month’s written notice.
Subscription Plan Fees
6.1 Hirestance may in its sole discretion and at any time, modify the Subscription Plan fees. Any Subscription Plan fee change will become effective at the end of the then-current Billing Cycle. Hirestance shall provide Employers with reasonable prior notice of any change in Subscription Plan fees to give the Employer the opportunity to terminate their Subscription Plan before such change becomes effective. The Employers’ continued use of the Services after the Subscription Plan fee change has come into effect shall constitute the Employer’s agreement to pay the modified Subscription Plan fee amount.
6.2 For each Subscription Plan, offered by Hirestance on the Website, a specific monthly fee (which varies according to the Subscription Plan you select) shall apply.
6.3 Employers shall pay Hirestance all fees associated with its selected Subscription Plan on time. Subscription Plan fee payments shall be strictly non-refundable.
6.4 Employers shall provide Hirestance with accurate and complete credit or debit card details to ensure a valid payment method. Employers warrant that they are authorized to use their respective chosen credit or debit card as a payment method. The Employer shall notify Hirestance of any changes to their respective credit or debit card details and invoicing address.
6.5 By completing the required registration on the Website for a specific Subscription Plan, the Employer agrees to authorize Hirestance and/or our third party payment processor Stripe, to charge the Employer’s respective credit or debit card on a recurring monthly basis, until cancellation of the Subscription Plan or until termination/suspension of these Terms as further provided herein under Clause 17 (Suspension and Termination), for (i) the applicable Subscription Plan fee, (ii) any other charges as agreed between the Parties, and (iii) any and all applicable taxes.
6.6 If Hirestance does not receive payment from the Employer’s verified payment method on the due date, the Employer shall immediately pay all amounts due to Hirestance upon request. Should Hirestance be unable to collect all such outstanding amounts, Hirestance may in its sole discretion close and cancel an Employer’s User Account and prevent access to the Services without any notice to such Employer.
6.7 Employers agree to notify Hirestance of any billing queries and errors within thirty (30) days after receipt of their respective invoice. Should you not notify Hirestance of any billing queries and/or errors, this absence of notification on your part shall be deemed to constitute your waiver of your right to dispute such queries and errors at a later date.
6.8 Hirestance does not guarantee that the Subscription Plans offered on the Website, will be offered indefinitely and reserves the right to change the Subscription Plan fees and to alter the features and options associated with any particular Subscription Plan.
Taxes
Under these Terms, the term “Taxes” shall mean taxes, charges, duties, fees, levies, and other charges of a governmental authority, including income, withholding, social security, social contribution, transfer, sales, use, value-added and all other taxes of any kind for which a Party may have any liability imposed by any governmental authority, whether disputed or not, any related charges, interest or penalties imposed by any governmental authority, and any liability for any other person as a transferee or successor by Law, contract or otherwise.
All fees for the Subscription Plans as illustrated on Hirestance’s Website are exclusive of any and all Taxes.
You shall be responsible for the payment of all Taxes associated with the purchase of the Services via the Platform and you shall not deduct from the payments due to Hirestance, any Taxes, except as is required by applicable law.
You shall be responsible for all such matters, including, without limitation, withholding, filing, and reporting all taxes, duties and other governmental assessments associated with your activity in connection with the Services.
User Content
Hirestance allows you to make available certain information contained in your User Account and other text, graphics, files, video, audio, or any other material (“User Content”) on the Website. You shall be responsible for the User Content that you post to the Website, including for its legality, reliability, and appropriateness. By posting User Content on the Website, you grant Hirestance the non-exclusive, worldwide, royalty-free, perpetual, irrevocable, transferable right/license to fully exploit, use, modify, perform, display, reproduce, and distribute such User Content on and through the Website. You shall retain any and all of your rights to any User Content you submit, post or display on or through the Website and you shall be solely responsible for protecting those rights.
8.2 You represent and warrant that:
the User Content belongs to you (i.e. you own it) or that you have the right to use it (e.g. as licensee) and grant Hirestance the rights and (sub-)license as granted by you under Clause 8.1 of these Terms, and
the posting of User Content on or through the Website does not violate (a) Hirestance’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights, (b) privacy rights, publicity rights, copyrights, contract rights or any other rights of Hirestance or of any third party.
Hirestance reserves the right to block or remove User Content that Hirestance determines to be:
abusive, defamatory, or obscene;
fraudulent, deceptive, or misleading;
in violation of Hirestance’s Intellectual Property Rights (defined below) or of any third party’s intellectual property rights or;
offensive or otherwise unacceptable to Hirestance in its sole and exclusive discretion.
Hirestance acknowledges that, by providing you with the ability to view and distribute user-generated content on the Website, Hirestance is merely acting as a passive conduit for such distribution and is not assuming any obligation or liability relating to any contents or activities on the Website.
Acceptable Use of the Website (including the Platform)
9.1 You may not use the Website (including the Platform) to transmit, distribute, store or destroy any material or information (i) in violation of any applicable law or regulation; (ii) in a manner that infringes Hirestance’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights; (iii) in a manner that violates the privacy or other personal rights of third parties; (iv) that is defamatory, obscene, threatening, abusive or hateful, and/or (v) in order to upload, post, email, transmit, or otherwise make available any content that shall be deemed unlawful, harmful, threatening, abusive, harassing, tortious, vulgar, obscene, libelous, or invasive of another’s privacy or which is hateful, and/or racially, ethnically, or otherwise objectionable.
When accessing the Website (including the Platform), you shall be prohibited from:
using any device, software or the like to interfere or attempt to interfere with the proper functioning of the Website (including the Platform);
taking any action that imposes an unreasonable or disproportionately large data load on the Websites’ (including the Platforms’) infrastructure;
copying, reproducing, altering, modifying, creating derivative works, or publicly displaying any content from the Website (including the Platform) without Hirestance’s prior written consent;
probing, scanning, or testing the vulnerability of any of Hirestance’s system or network or breach or circumvent any of Hirestance’s security or authentication measures;
accessing, searching or attempting to access or search the Website (including the Platform), and/or Services by any means other than through Hirestance’s currently available, published interfaces that are provided by Hirestance, unless you have been specifically allowed to do so in a separate agreement with Hirestance;
reverse-assembling, reverse-engineering, decompiling or otherwise attempting to discover any source code relating to the Website, Platform, and/or Services or any tool therein, except to the extent that such activity is expressly permitted by applicable law notwithstanding this limitation;
attempting to access any area of the Website (including the Platform) to which access is not authorized;
using any robot, spider, other automatic device or manual process to monitor or copy any part of the Website (including the Platform);
conducting any systematic or automated data collection activities on or in relation to the Website (including the Platform), including but not limited to data scraping, mining, extraction, harvesting, framing and article spinning, without Hirestance’s prior written consent;
using manual or automated software, devices, or other processes to “crawl,” “scrape,” or “spider” any page of the Website (including the Platform);
using the Website (including the Platform) to transmit or send unsolicited commercial and marketing communications for any purpose, without Hirestance’s prior written consent;
creating or maintaining any third party link on the Website (including the Platform), without our prior written consent;
running or displaying the Website (including the Platform), or pages, information or material obtained from the Website (including the Platform) on a third party website or application without our prior written consent;
uploading, posting, emailing, transmitting, or otherwise offering any source that may contain a software virus or other computer code, any files and/or programs which have been designed to interfere, destroy and/or limit the operation of any computer software, hardware, or telecommunication equipment; and/or,
collecting or storing of any personal data relating to any other user in connection with the prohibited conduct and/or activities which have been set forth in the aforementioned paragraphs.
9.3 All and any information, data, materials and content provided on the Website, (including the Platform) and Services are intended for reference and information purposes only and are designed solely to provide guidance to Employers and Candidates. The information on the Website (including the Platform) and the Services is not intended to be a substitute for personalized professional advice.
Representations and Warranties
You hereby represent and warrant that your access to the Website, Platform and your use of the Services will:
be in accordance with these Terms;
comply with all applicable laws, regulations and rules (including, without limitation, all applicable laws regarding online conduct and acceptable content, privacy, and data protection);
not be for any unlawful purposes;
not entail, imply or give rise to the publication of any illegal content;
not further any illegal activities;
not infringe upon or misappropriate any Hirestance’s Intellectual Property Rights (defined below) or any third party’s intellectual property rights;
will not involve uploading, posting, emailing, transmitting or otherwise offering any content that may infringe upon any patent, copyright, trademark, or any other proprietary or intellectual rights of any third party; and
not be used to create, distribute, facilitate or operate in conjunction with malware, spyware, adware, or other malicious programs or code.
Disclaimer of Warranties
11.1 Unless otherwise provided under these Terms, the Services shall be provided by Hirestance to you “as is,” with all faults, defects, bugs, and errors.
11.2 HIRESTANCE HEREBY (I) DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD TO YOUR USE OF THE SERVICES ON THE PLATFORM; AND (II) MAKES NO WARRANTIES OR GUARANTEES OF ANY KIND WITH RESPECT TO THE USER CONTENT, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION.
11.3 HIRESTANCE AND/OR ITS RESPECTIVE AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE, PLATFORM AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE WEBSITE, PLATFORM AND SERVICES FOR ANY PURPOSE. HIRESTANCE AND/OR ITS RESPECTIVE AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE, PLATFORM AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
11.4 YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED ON THE WEBSITE, PLATFORM AND/OR SERVICES COULD INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
11.5 NEITHER HIRESTANCE NOR ITS AFFILIATES (IF ANY), LICENSORS AND VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, PLATFORM AND SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL INFORMATION.
11.6 HIRESTANCE MAKES NO WARRANTY THAT (I) THE SERVICES WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF THE WEBSITE, PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE, (III) ANY DEFECTS IN THE WEBSITE (INCLUDING THE PLATFORM) AND /OR SERVICES WILL BE CORRECTED, OR (IV) THE PLATFORM AND SERVICES OR ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS.
11.7 ANY MATERIAL/INFORMATION DOWNLOADED, CAPTURED, SUBMITTED, CREATED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE, PLATFORM AND SERVICES ARE ACCESSED AT YOUR OWN RISK, AND YOU WILL BE SOLELY LIABLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD, CAPTURING, SUBMISSION OR CREATION BY YOU OF ANY SUCH MATERIAL/INFORMATION.
Intellectual Property
12.1 All content, trademarks, data, forms, information or information contained in any materials, or documents used by Hirestance in relation to the Website Platform and Services, including but not limited to any and all copyrighted works, databases, text, graphics, icons, designs, logos, graphics, hyperlinks, domain names, codes, information and agreements (“Materials”), are the sole and exclusive property of or are licensed to Hirestance. You may not reproduce, distribute or copy the Materials by any means, whether electronically or not, without Hirestance’s prior written permission.
12.2 Any and all intellectual property rights in the Materials, Website, Platform and Services, including all patents, rights in inventions, rights in designs, trademarks, trade and business names and all associated goodwill, rights to sue for passing off or for unlawful competition, copyright, moral rights and related rights, rights in databases, topography rights, domain names, rights in information (including know how and trade secrets) and all other similar or equivalent rights existing in the Materials and Services, now or in the future in any part of the world, in each case whether registered or unregistered and including all applications for, and renewals or extensions of, such rights for their full term (“Hirestance’s Intellectual Property Right(s)”), vests solely and exclusively in Hirestance, its affiliates (if any), licensors or vendors, as the case may be. All rights not expressly granted by Hirestance to you are reserved by Hirestance. Save as expressly set out herein, you shall not acquire any right, title or interest in Hirestance’s Intellectual Property Rights.
12.3 You shall be the sole and exclusive owner of all your intellectual property rights in the User Content (“User’s Intellectual Property Rights”) which you make available on the Platform. Hirestance may not use any of User’s Intellectual Property Rights for any other purpose, other than mentioned under these Terms and not without your prior written consent. You hereby grant Hirestance the non-exclusive right to use User’s Intellectual Property Rights, free of charge, in connection with your use of the Services on the Platform, to the extent necessary for Hirestance to (i) exercise Hirestance’s rights under these Terms, and (ii) perform Hirestance’s obligations under these Terms.
Indemnification
13.1 You agree to indemnify and hold harmless Hirestance from and against any liability, demand, damages, cost, or expense arising from any third party claim based on: (i) your violation of these Terms; (ii) your use or misuse of the Service(s); and/or (iii) your infringement of Hirestance’s Intellectual Property Rights. Hirestance shall indemnify and hold you harmless from and against any liability or expense arising from a third party claim based on any Negligence of Hirestance. “Negligence” shall mean gross negligence or intentional misconduct.
13.2 In the event of a claim subject to indemnification hereunder, the indemnified Party shall: (i) promptly notify the indemnifying Party of the claim, (ii) provide the indemnifying Party with reasonable cooperation and assistance, at the indemnifying Party’s expense, to defend such claim; and (iii) allow the indemnifying Party the opportunity to assume the control of the defense and settlement of such claim. The indemnified Party shall be entitled to participate in the defense of such claim and to employ counsel at its own expense to assist in the handling of such claim. The indemnifying Party must obtain the prior written approval from a duly authorized signatory of the indemnified Party prior to entering into any settlement affecting the indemnified Party’s rights.
Limitation of Liability
14.1 HIRESTANCE, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART FROM YOUR ACCESS TO THE WEBSITE, FROM YOUR USE OF THE SERVICES ON THE PLATFORM, EVEN IF HIRESTANCE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
14.2 WHILE HIRESTANCE TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO WEBSITE (INCLUDING THE PLATFORM) OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH, HIRESTANCE AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY OCCUR ON THE WEBSITE, THROUGH YOUR USE OF THE SERVICES ON THE PLATFORM.
14.3 NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, HIRESTANCE’S (INCLUDING ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS) LIABILITY TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF ACTION, SHALL AT ALL TIMES BE LIMITED TO A SUM EQUIVALENT TO THE TOTAL FEES RECEIVED BY HIRESTANCE FOR A PERIOD OF SIX (6) MONTHS PRECEDING THE EVENT GIVING RISE TO LIABILITY.
Privacy Policy
Hirestance’s Privacy Policy, available at https://hirestance.com/privacy-policy/ governs the use, storage and processing of the personal information you may provide to Hirestance through your (i) access to the Platform via the Website, and/or (ii) use of the Services on the Platform. Your election to use the Services via the Platform (through the Website) shall be deemed to constitute your acceptance of the terms of Hirestance’s Privacy Policy.
Third Party Links
The Website, Platform and/or Services may contain links and/or ads to third-party websites or resources. Such links and/or ads to third-party websites or resources are provided only as a convenience. If you click on such links and/or ads you may leave the Platform, Website, and/or Services. You acknowledge and agree that Hirestance shall not be responsible or liable for: (i) the availability or accuracy of such websites or resources; or (ii) the content, products or services on or available from such websites or resources. Hirestance does not endorse any such third party websites or resources or the third party content, products, or services available from such third party websites or resources.
Suspension and Termination
17.1 Hirestance may suspend or temporarily disable access to all or part of the Website, Platform, User Account, or Services if (i) Hirestance suspects you of partaking in any illegal activity; (ii) Hirestance reasonably believes that you have violated these Terms; or (iii) applicable law enforcement or other government agencies have requested Hirestance to suspend or temporarily disable your access to the Website, Platform and/or Services.
17.2 If Hirestance breaches any of its obligations under these Terms, you may terminate these Terms and close your User Account. Upon, your termination of these Terms and closing of your User Account, Hirestance shall (i) block your access to all of the Website, (ii) block your use of the Services, (iii) delete all of your information associated with your User Account, including but not limited to your full name, address, contact information, email address and password, and (iii) delete all of your data in your User Account.
General Provisions
Non-Exclusivity. The Parties’ respective obligations under these Terms are non-exclusive and nothing herein is intended to restrict you from accessing or using any other third party’s products or services, even if such products or services are similar to the Services provided by Hirestance on the Platform via the Website.
Nothing herein is intended to limit Hirestance’s right to provide the Services to other registered users as a third party intermediary.
Severability. If any of the provisions or portions of these Terms are held to be invalid under any applicable statute or rule of law, they are to that extent deemed to be omitted from these Terms without in any way invalidating or impairing the other provisions of these Terms.
No Waiver. A Party’s failure or delay in enforcing any provision of these Terms will not operate as a waiver of the right to enforce that provision or any other provision of these Terms at any time. A waiver of any provision of these Terms shall be in writing, specify the provision to be waived and signed/executed by the Party agreeing to the waiver.
Notices. Except as otherwise provided under these Terms, any notice required or permitted to be given will be effective only if it is in writing and sent by certified mail, registered mail, courier or to info@hirestance.com
Entire Agreement. These Terms represents the entire agreement between the Parties relating to the subject matter hereof. These Terms alone fully and completely expresses the agreement of the Parties relating to the subject matter hereof. There are no other courses of dealing, understanding, agreements, representations or warranties, written or oral, except as set forth herein.
Governing Law & Dispute Resolution. These Terms, and any dispute or claim arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims), shall be governed by, and construed in accordance with the laws of England and Wales and the parties irrevocably submit to the exclusive jurisdiction of the courts of England and Wales.
Contact Information
Should you have any questions concerning these Terms and/or any issues or concerns about the Website, Platform and/or Services you may contact Hirestance at info@hirestance.com.
Effective Date: 19th July 2020