THIS VERSION IN FORCE FROM JANUARY 1ST, 2016
1. YOUR ACCEPTANCE OF THIS AGREEMENT
This is an Agreement between you and The Recruitment Coaching Company (TRCC) and governs your use of the I Got Hired™ Portal, Software Applications, Content, Process and the I Got Hired™ Website and all its content and the services and goods provided through the Website and Portal (Hereto referred to as The I Got Hired™ Portal and Website). Each time you use The I Got Hired™ Portal and Website, you signify your acceptance and agreement, and the acceptance and agreement of any person you purport to represent (for purposes of this Agreement, “person” includes any type of incorporated or unincorporated entity), without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person you purport to represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, or you do not have the legal authority to agree to and accept this Agreement, you may not use The I Got Hired™ Portal and Website.
By clicking the “I Accept” button displayed as part of the ordering process, you agree to the following Terms and Conditions (the “Agreement”) governing your use of The I Got Hired™ Portal and Website online service, including offline components (collectively, the “service”). If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these Terms and Conditions, in which case the terms “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with these Terms and Conditions, you must select the “I Decline” button and may not use the service.
As part of, or independent of, the I Got Hired™ hosted Service, TRCC will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement including any materials available on the IGH Pro™ or I Got Hired™ Website incorporated by reference herein, including but not limited to the TRCC Privacy and Security Policies.
2. DEFINITIONS AND INTERPRETATION
The following are the standard terms and conditions under which IGH Pro™ and /or I Got Hired™ and/or TRCC sells computer hardware, licenses computer software and supplies related Services. These Terms and Conditions shall, unless otherwise expressly stated in writing, apply to the subject matter of any agreement in respect thereof.
In these Terms and Conditions, unless the context otherwise requires, the following expressions have the following meanings:
“Acceptance Certificate” – means a document to be used in conjunction with the supply of products to be signed by the Customer on delivery indicating their acceptance of that delivery, or in the case of a Service, the act of using that Service in a production environment; “Agreement” – means any agreements entered into between the Company and a Customer to which these standard Terms and Conditions apply; “Customer” – means the individual, business, or other organization with whom the Company contracts; “Supplier” – means any supplier of products or Services to the Company; “Products” – means computer hardware, software and associated equipment that may be supplied by the Company; and “Services” – means any Service supplied by the Company.
Any reference to a day or days refers to business days – that is any day which is not a weekend or public holiday.
The headings in these Terms and Conditions are for convenience only and shall not affect their interpretation.
3. PRIVACY & SECURITY; DISCLOSURE
The TRCC privacy and security policies may be viewed at http://www.igothired.net. TRCC reserves the right to modify its privacy and security policies in its reasonable discretion from time to time.
4. LICENSE GRANT & RESTRICTIONS
TRCC hereby grants you a non-exclusive, non-transferable, worldwide right to use the Service, solely for your own internal business purposes, subject to the Terms and Conditions of this Agreement. All rights, not expressly granted to you are reserved by TRCC and its licensors.
You may not access the Service if you are a direct competitor of TRCC except with the prior written consent of TRCC. In addition, you may not access the Service for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes.
You shall not (i) license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Service or the Content in any way; (ii) modify or make derivative works based upon the Service or the Content; (iii) create Internet “links” to the Service or “frame” or “mirror” any Content on any other server or wireless or Internet-based device; or (iv) reverse engineer or access the Service in order to (a) build a competitive product or service, (b) build a product using similar ideas, features, functions or graphics of the Service, or (c) copy any ideas, features, functions or graphics of the Service. User licenses cannot be shared or used by more than one individual user.
You may use the Service only for your personal purposes and shall not: (i) send spam or otherwise duplicative or unsolicited messages in violation of applicable laws; (ii) send or store infringing, obscene, threatening, libelous, or otherwise unlawful material, including material harmful to children or violative of third party privacy rights; (iii) send or store material containing software viruses, worms, Trojan horses or other harmful computer code, files, scripts, agents or programs; (iv) interfere with or disrupt the integrity or performance of the Service or the data contained therein; or (v) attempt to gain unauthorized access to the Service or its related Portals or networks.
5. CHANGES TO THIS AGREEMENT
You may not change, supplement, or amend this Agreement in any manner. TRCC may, in its sole discretion, change, supplement or amend this Agreement as it relates to your future use of The I Got Hired™ Portal and Website from time to time, for any reason, and without any notice or liability to you or any other person, by posting a revised Agreement on the Website.
6. PERMITTED USERS AND ACCESS
Only persons who have reached the age of majority or legal age in their jurisdictions and who can form legally binding contracts under applicable law may use The I Got Hired™ Portal and Website. Persons in jurisdictions may not use the Website where access to, or use of, the Website or any part of it may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.
The I Got Hired™ Portal and Website material may be used only by the named individual as identified as the Member in the purchase process.
7. YOUR RESPONSIBILITIES
You are responsible for all activity occurring under your User accounts and shall abide by all applicable local, national and foreign laws, treaties and regulations in connection with your use of the Service, including those related to data privacy, international communications and the transmission of technical or personal data. You shall: (i) notify TRCC immediately of any unauthorized use of any password or account or any other known or suspected breach of security; (ii) report to TRCC immediately and use reasonable efforts to stop immediately any copying or distribution of Content that is known or suspected by you or your Users; and (iii) not impersonate another TRCC User or provide false identity information to gain access to or use the Service.
8. MISPRINTS AND ERRORS, PRICES, AND ORDERS
TRCC endeavors to provide current and accurate information on the Website. Nevertheless, misprints or other errors may occur. Accordingly, TRCC reserves the right to change the prices, fees and charges regarding the goods and Services available through the Website at any time and from time to time without any notice or liability to you or any other person. If you order goods or Services for which the price was incorrectly displayed, TRCC will provide you with an opportunity to place an order at the correct price.
9. ACCOUNT INFORMATION AND DATA
TRCC does not own any data, information or material that you submit to the Service in the course of using the Service (”Customer Data”). You, not TRCC shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness, and intellectual property ownership or right to use of all Customer Data, and TRCC shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Customer Data. In the event this Agreement is terminated (other than by reason of your breach), TRCC will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. TRCC reserves the right to withhold, remove and/or discard Customer Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Customer Data immediately ceases, and TRCC shall have no obligation to maintain or forward any Customer Data.
10. DISCLAIMER, LIABILITY EXCLUSION, LIABILITY LIMITATION, RELEASE AND INDEMNITY
TRCC strives to make your use of The I Got Hired™ Portal and Website a useful and enjoyable experience, and a safe and easy way to utilize the materials within the Website and over the Internet. Nevertheless, TRCC does not accept any liability for your use of The I Got Hired™ Portal and Website. For that reason, the following provisions apply to your use of The I Got Hired™ Portal and Website:
The I Got Hired™ Portal and Website are provided on an “as is” and “as available” basis, and without any representations, warranties or conditions of any kind, whether express or implied, and including without limitation fitness for a particular purpose, performance or durability, all of which are hereby disclaimed by TRCC to the fullest extent permitted by law.
You (and not TRCC) assume the entire cost of all necessary servicing, repair or correction to any computer or other equipment arising from, connected with, or relating to your use of The I Got Hired™ Portal and Website.
The operation of The I Got Hired™ Portal and Website may be affected by numerous factors beyond TRCC’s control. The operation of The I Got Hired™ Portal and Website may not be continuous or uninterrupted or secure. Security and privacy risks cannot be eliminated.
TRCC is under no obligation to verify the identity of users of The I Got Hired™ Portal and Website.
Through your use of The I Got Hired™ Portal and Website, you may have the opportunity to engage in commercial transactions with other persons. All such transactions are at your own risk. TRCC is not a party to any such transactions and disclaims any and all liability regarding all such transactions.
Without limiting the generality of the foregoing, TRCC makes no representation, warranty or condition that:
- The I Got Hired™ Portal and Website will be compatible with your computer and related equipment and software;
- The I Got Hired™ Portal and Website will be available or will function without interruption or will be free of errors;
- The information available on or through the I Got Hired™ Portal and Website will be accurate, complete, sequential, or timely;
TRCC disclaims any and all liability regarding such matters to the fullest extent permitted by law.
12. LIABILITY EXCLUSION
TRCC will not under any circumstances be liable to you or any other person for any loss of use, loss of production, loss of income or profits (anticipated or otherwise), loss of markets, economic loss, special, indirect or consequential loss or damage or punitive damages, whether in contract, tort or under any other theory of law or equity, arising from, connected with, or relating to the use of The I Got Hired™ Portal and Website by you or any other person and notwithstanding that TRCC may have been advised of the possibility of such loss or damages being incurred by you or any other person.
13. LIABILITY LIMITATION
In no event will TRCC’s total liability to you or any other person for any claims, proceedings, liabilities, obligations, damages, losses, and costs, whether in contract, tort or under any other theory of law or equity exceed $50 (US) or the amount you paid to TRCC for the use of The I Got Hired™ Portal and Website, whichever is less.
You hereby release, remise and forever discharge each of TRCC and all of their respective agents, directors, officers, employees, information providers, Service Providers, Suppliers, licensors and licensees, and all other related, associated, or connected persons from any and all manner of rights, claims, complaints, demands, causes of action, proceedings, liabilities, obligations, legal fees, costs, and disbursements of any nature and kind whatsoever and howsoever arising in the absence of negligence on their part, whether known or unknown, which now or hereafter exist, which arise from, relate to, or are connected with your use of The I Got Hired™ Portal and Website.
You agree to indemnify, defend and hold harmless TRCC and all of their respective agents, directors, officers, employees, information providers, Service Providers, Suppliers, licensors and licensees, and all other related, associated, or connected persons (collectively, the “Indemnified Parties”) from and against any and all liabilities, expenses and costs, including without limitation reasonable legal fees and expenses, incurred by the Indemnified Parties in connection with any claim or demand arising out of, related to, or connected with your use of The I Got Hired™ Portal and Website or your breach of this Agreement. You will assist and co-operate as fully as reasonably required by the Indemnified Parties in the defense of any such claim or demand.
Advice and information provided by TRCC or its representatives, whether oral or written, will not create any representation, warranty or condition or vary or amend this agreement, including the above disclaimer, liability exclusion, liability limitation, release and indemnity provisions, and you may not rely upon any such advice or information.
The exclusion of certain warranties and the limitation of certain liabilities are prohibited by legislation in some jurisdictions. Such legislative limitations may apply to you.
The disclaimer, liability exclusion, liability limitation, release, and indemnity provisions in this Agreement survive indefinitely after the termination of this Agreement
16. REFUND POLICY
As is the case with most of the leading providers of eBooks and digitally delivered material and intellectual property, TRCC are not able to offer a refund on purchases.
However in the interest of fair play, and in exceptional circumstances, (where no material has been accessed by a member for example) TRCC may consider a request for a full or partial refund. In such a case a decision to refund will be at the sole discretion of TRCC and the decision will be final and binding on all parties.
If dissatisfied with The I Got Hired™ Portal and Website, a refund request must be sent to firstname.lastname@example.org within the first 7 days after the purchase giving full details of the purchase and the reason for the request for refund. If and when the refund request is approved by TRCC, all products activated from the date of the refunded purchase will be deactivated and no further product activation will be possible for products defined within the relevant account. Refunded amounts will be made directly to the purchasing credit or debit card and a confirmation email will be sent to the member.
Purchases that are older than 7 days cannot be refunded.
17. SERVER AVAILABILITY
TRCC is committed to keep the I Got Hired™ servers, under normal circumstances, online and operational for account management, eBook activations and secured downloads. However, it could happen, under particular circumstances or scheduled updates, that the servers become unavailable for a period of time. When that happens, TRCC will take proper action in order to put servers back online in the shortest possible time.
18. LOGIN NAMES AND PASSWORDS
I Got Hired™ User accounts may be accessed only by use of a unique login name and password. The use of a password does not restrict access by TRCC to the password-protected information. Login names and passwords may not be shared. For security reasons, you must keep your login name and password confidential and not disclose them to any person or permit any other person to use them, with the exception of an authorized TRCC representative. Also, passwords must be non-obvious, hard-to-guess, confidential and changed on a regular basis.
You are solely responsible and liable for any use and misuse of your login name and password and for all activities that occur under your login name and password. You must ensure that all uses of your login name and password comply with this Agreement.
You must immediately notify TRCC of any unauthorized use of your login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised.
All login names and passwords remain the property of TRCC and may be cancelled or suspended at any time by TRCC without any notice or liability to you or any other person. TRCC is not under any obligation to verify the actual identity or authority of the user of any login name or password.
Any evidence of abuse of a User Login or Password, such as attempts at dual or consecutive use will lead to immediate suspension of that member’s account.
You must respond promptly to all email and other correspondence from TRCC, including without limitation email and correspondence concerning complaints or concerns regarding your use of your login name or password or your use of The I Got Hired™ Portal and Website.
19. INTELLECTUAL PROPERTY OWNERSHIP
TRCC alone (and its licensors, where applicable) shall own all right, title and interest, including all related Intellectual Property Rights, in and to the TRCC Technology, the Content and the Service and any suggestions, ideas, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the Service. This Agreement is not a sale and does not convey to you any rights of ownership in or related to the Service, the TRCC Technology or the Intellectual Property Rights owned by TRCC. The I Got Hired™ name and logo, and the product names associated with the Service are trademarks of TRCC or third parties, and no right or license is granted to use them.
20. CHARGES AND PAYMENT OF FEES
Charges are monthly. You shall pay all fees or charges related to your account in accordance with the fees, charges and billing terms in effect at the time a fee or charge is due and payable. Payments for the Service must be made monthly in advance. All amounts paid are non-refundable. You are responsible for paying for all User licenses ordered for the entire License Term, whether or not such User licenses are actively used. You must provide TRCC with valid credit card information as a condition to signing up for the Service.
TRCC reserves the right to modify its fees and charges and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail. All pricing terms are confidential, and you agree not to disclose them to any third party.
21. NON-PAYMENT AND SUSPENSION
In addition to any other rights granted to TRCC herein, TRCC reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears).
You agree and acknowledge that TRCC has no obligation to retain Customer Data and that such Customer Data may be irretrievably deleted if your account is 30 days or more delinquent.
22. INTERNET DELAYS
I Got Hired™ and TRCC services may be subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. TRCC is not responsible for any delays, delivery failures, or other damage resulting from such problems.
23. TERMINATION OF THIS AGREEMENT
If you breach any provision of this Agreement, you may no longer use The I Got Hired™ Portal and Website.
If this Agreement or your permission to use The I Got Hired™ Portal and Website is terminated by you or TRCC for any reason, this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of The I Got Hired™ Portal and Website and your purchases of goods and services through the Website and anything connected with, relating to or arising from those matters.
23.1 TERMINATION UPON EXPIRATION
This Agreement commences on the Effective Date. The Initial Term shall be for one year or as otherwise mutually agreed upon in an Order Form, commencing on the date you agree to pay for the Service by completing the Order Form, or on the start date of the Order Form. Upon the expiration of the Initial Term, this Agreement will automatically renew for successive renewal terms of one year, at the prevailing extension fees at the time of extension. Either party may terminate this Agreement. In the event this Agreement is terminated (other than by reason of your breach), TRCC will make available to you a file of the Customer Data within 30 days of termination if you so request at the time of termination. You agree and acknowledge that TRCC has no obligation to retain the Customer Data, and may delete such Customer Data, more than 30 days after termination.
23.2 TERMINATION FOR CAUSE
Any breach of your payment obligations or unauthorized use of the TRCC Technology or Service will be deemed a material breach of this Agreement. TRCC, in its sole discretion, may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. You agree and acknowledge that TRCC has no obligation to retain the Customer Data, and may delete such Customer Data, if you have materially breached this Agreement, including but not limited to failure to pay outstanding fees, and such breach has not been cured within 30 days of notice of such breach.
24. OWNERSHIP AND PERMITTED USE OF THE WEBSITE
The I Got Hired™ Portal and Website and all information (in text, graphical, video and audio forms), images, icons, software, design, applications and other elements available on or through the Website are the property of TRCC and are protected by international copyright, trade-mark, and other laws. Your use of The I Got Hired™ Portal and Website does not transfer to you any ownership or other rights in The I Got Hired™ Portal and Website materials or its content. You may only use The I Got Hired™ Portal and Website in the manner described specifically in this Agreement.
The I Got Hired™ Portal and Website is made available to you for your lawful use only. You may access and browse the Website using commercially available, SSL-capable Web browser software. You may print or download the pages of the Website for your personal use provided that you do not modify any of the Website pages or other content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
25. GOVERNING LAW AND DISPUTE RESOLUTION
The I Got Hired™ Portal and Website is controlled by TRCC. This Agreement, your use of The I Got Hired™ Portal and Website, and all related matters are governed solely by the laws of Delaware and The United States of America, excluding any rules of private international law or the conflict of laws that would lead to the application of any other laws.
Any dispute between TRCC and you or any other person arising from, connected with or relating to The I Got Hired™ Portal and Website, this Agreement or any related matters must be resolved before the courts of Delaware and The United States of America and you hereby irrevocably submit and attorn to the original and exclusive jurisdiction of those Courts in respect of any such dispute or matter.
Any claim or cause of action you may have arising from, connected with, or relating to your use of The I Got Hired™ Portal and Website, this Agreement, or any related matters must be commenced in a court of competent jurisdiction within six (6) months after the claim or cause of action arises, after which time the claim or cause of action is forever barred, regardless of any statute or law to the contrary.
TRCC may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in TRCC account information. Such notice shall be deemed to have been given upon the expiration of 12 hours after sending.
27. OTHER MATTERS
If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of this Agreement and shall not affect the validity and enforceability of any remaining provisions.
The provisions of this Agreement will ensure to the benefit of and be binding upon TRCC and each of their respective successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign this Agreement or your rights and obligations under this Agreement without the express prior written consent of TRCC, which may be withheld in TRCC’s sole discretion. TRCC may assign this Agreement and its rights and obligations under this agreement without your consent.
No waiver, express or implied, by either party of any breach of or default under this Agreement will constitute a continuing waiver of such breach or default or be deemed to be a waiver of any preceding or subsequent breach or default.
You and TRCC are independent contractors and no agency, partnership, joint venture, employment or franchise relationship is intended or created by this Agreement or your use of The I Got Hired™ Portal and Website.
Any rights not expressly granted by this Agreement are reserved to TRCC.
This Agreement is subject to change without notice.