These Terms of Service (“Terms”) govern the contractual
Meet Your Ltd, doing business as (dba) Hirestance, a company
governed by the laws of England and Wales, having its registered office at 5
Kew Road, Richmond, TW9 2QR, United Kingdom (hereinafter referred to as
“Hirestance”, “we”, “our”, and “us”),
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
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
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
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
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
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;
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
true, accurate, current and complete information about yourself as prompted by Hirestance’s
registration process on the Website; and
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
Employer’s Subscription Plans
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.
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.
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
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.
shall pay Hirestance all fees associated with its selected Subscription Plan on
time. Subscription Plan fee payments shall be strictly non-refundable.
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.
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
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.
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
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
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
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.
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
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
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
taking any action that imposes an unreasonable or
disproportionately large data load on the Websites’ (including the Platforms’)
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
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
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
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
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
not further any illegal activities;
not infringe upon or misappropriate any Hirestance’s
Intellectual Property Rights (defined below) or any third party’s intellectual
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;
not be used to create, distribute, facilitate or operate in
conjunction with malware, spyware, adware, or other malicious programs or code.
Disclaimer of Warranties
otherwise provided under these Terms, the Services shall be provided
by Hirestance to you “as is,” with all faults, defects, bugs, and
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.
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.
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.
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.
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.
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.
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
Limitation of Liability
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
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.
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
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
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.
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 firstname.lastname@example.org
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.
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 email@example.com.
Effective Date: 19th July 2020