Terms & Conditions
IMPORTANT – READ CAREFULLY.
THIS YOURECRUIT BUSINESS USER AGREEMENT (THE “AGREEMENT”) IS A LEGAL AGREEMENT BETWEEN YOU, A PROSPECTIVE TYPE OF USER (“YOU” AND “YOUR”) WHICH ALLOWS YOU USE AND HAVE ACCESS TO THE SERVICES, PRODUCT AND ITS FUNCTIONALITIES PROVIDED BY THE YOURECRUIT.COM WEBSITE USING YOURECRUIT’S ON-LINE WEB-BASED AND APPLICATION SERVICE (“SERVICES”). BY ACCESSING SUCH SERVICES, YOU AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS.
Subject matter of agreement
YouRecruit is a cloud-based software-as-a-service product. It is an online collaboration, business and productivity software/Application providing customer relationship management services, for HR and recruitment specific management agencies/services and is provided to you or the entity that represents you (hereinafter “you” or “your”) by YouRecruit.
The YouRecruit service provides:
A dedicated customer & relationship management service, for HR and recruitment agencies/services, allowing real time trackability and HR specific management under your own dedicated account.
A dedicated vacancy posting and applicant tracking service for recruitment agencies / services.
YOURECRUIT shall grant you access to the service specific data uploaded by different type of users of the service/app and its data in accordance with the terms and conditions of this Agreement. To the extent that you may be required to download or install YOURECRUIT’s software (the “Software”) for the purpose of accessing and viewing service specific data.
This agreement is provided to protect the rights of the clients and that of YouRecruit and to ensure that all clients & users are aware of their responsibilities as well as their obligations. The information uploaded onto the online YouRecruit Software database is for our different type of users, are the responsibility of the company and their administrative and operational delegated users. YouRecruit recommends all companies show appropriate diligence when managing sensitive data.
The Service and the Software is proprietary to YouRecruit and its licensors and nothing in this Agreement should be construed as granting to you any right or intellectual property rights in the Service and the Software.
Content of the website
The following services, materials, functionalities and contents are available to the different type of users through the Websites: cloud-based software-as-a-service and other service specific content.
The Websites contains YouRecruit owned content, as well as content belonging to companies or different type of users.
We shall make every available effort to ensure constant availability of the Websites, as well as constant and unhindered access to the contents available through the Website and App, as regulated by these Terms.
Save as otherwise expressly set out herein or as otherwise expressly permitted by law, you shall not:
(a) Permit any unauthorised third party to access the Service or Software.
(b) Create derivative works based on the Service or Software.
(c) Copy, frame or mirror any part or content of the Service or Software, other than for your own internal business purposes.
(d) Reverse engineer the Service or Software.
(e) Access the Services in order to build a competing product or service.
(f) Copy any features, functions or graphics of the Service or Software.
(g) Reproduce or retransmit the content without YouRecruit’s permission.
You hereby agree to indemnify and hold YouRecruit and its licensors harmless from and against any liabilities, damages, judgments, losses, costs and expenses (including reasonable legal fees) arising out of your use of the service specific data and the content in a manner inconsistent with the terms and conditions of this Agreement.
The Websites contains web pages and sections intended for interaction with or between different type of users in a manner which enables transmitting, uploading, publishing, exchanging and mutual use of specific information and other service specific possible content, as well as other ways of participating in the functionalities, services and other data available through the websites. Access to some parts of the data, their provision or use are granted only to specific registered users – depending on the access level given by their status and their contractual relationship with us.
Data shall be duly marked, whenever this is enabled by the manner of its publication or use.
We reserve the right to not control or consistently supervise all data and therefore we cannot guarantee the accuracy, truthfulness, origin, contents or availability thereof. These are the entirely responsibility of our different type of users.
For any comments or information regarding the data, please contact us. We are obligated to remove any illegal data immediately upon receipt of the corresponding notice. Furthermore, we reserve the right, but do not assume the obligation, to change or remove any data, completely or partially, without prior notice and without explanation, based on our own assessment or on information received by any user or third party, due to any reason, but primarily due to violation of these Terms.
In consequence of the above, we cannot be held responsible for possible damage caused to users or third parties regarding removing, using, or relying on any data.
It is prohibited to publish, transmit, upload or exchange any content violating the current laws of the Republic of Ireland and European Union, particularly the content that is untrue, deceptive, offensive, vulgar, threatening, racist or otherwise outside the spirit of deemed acceptable usage, the content violating intellectual property rights, the content considered as unauthorised disclosure of personal data or as violation of the right of privacy of users or third parties, as well as any other content which may cause damage to YouRecruit, other users or third parties (“Prohibited Content”).
YouRecruit is not responsible for the content of the service specific data you access. You agree to use the content solely for the purpose of vetting and assessing service specific data/information and for no other purpose. You agree that you are wholly responsible for your use of the content, in particular, any decisions you may make about the suitability or otherwise of a job candidate for a job vacancy. You also agree to indemnify and hold YouRecruit harmless from and against any liabilities, damages, judgements, losses, costs and expenses (including reasonable legal fees) arising out of any claims or allegations made by third parties (including, without limitation, disappointed job candidate applicants) against YouRecruit concerning your use of the content.
It is not allowed:
To use the Websites, apps or content available through the Websites in a manner which may cause damage to YouRecruit, other users or any third party.
To publish, upload, exchange or transmit Prohibited Content.
To publish, upload, exchange or transmit any content that the user knows to be false or untrue, or has justifiable reason to believe it to be false or untrue, and whose use may cause damage to YouRecruit, other users or third parties.
To misrepresent yourself with the purpose of deceiving YouRecruit, other users or third parties.
To publish, upload, exchange or transmit to YouRecruit, other users or third parties any unwanted notices or other content of commercial or malicious nature, without prior request or consent, particularly including notices and other content of the same or similar nature.
To purposefully publish, upload, exchange or transmit any content containing computer viruses, worms, and programs that may obstruct or hinder regular operation of the Websites/Apps, cause damage or destruction of any computer program, or any computer and other equipment owned by YouRecruit, other users or third parties.
To collect, process or use personal data of the Websites/Apps users or third parties in an unauthorised manner.
To engage in covert advertising (verbal or graphic representation of products, services, personal names, names of companies, names, in an unauthorised manner.
Users or third parties shall be legally liable for failure to comply with the provisions of these Terms related to Prohibited Practices or Prohibited Content, particularly for possible damage caused by such actions to YouRecruit, other users and/or third parties.
We reserve the right, but do not assume the obligation, to cancel a user account as a result of the user’s Prohibited Practices or other unlawful behaviour, or any violation of these Terms and Conditions that we assess as grave, without prior notice and without explanation, according to our own assessment or information provided by any user or third party.
In consequence of the above, we cannot be held responsible for possible damage incurred to the user, other users or third parties, caused by Prohibited Practices or cancellation of the user account in accordance with the provision in the previous paragraphs.
Access to content available through the Websites/Apps and the use thereof is available primarily to registered users. Level of access to this content depends of the type of contractual relationship between the user and YouRecruit.
Access to some front-end information, functionalities, services and other content available through the Websites/Apps, or their partial or full use, is granted to unregistered users.
Use of passwords
In order to access and view the service specific data you will need to create a username and password. You should keep this password safe at all times and should not disclose same to third parties. YouRecruit accepts no responsibility for any unauthorised use of your user name or password.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorisation, or a name that is otherwise offensive, vulgar or obscene. Such users shall be deleted without prior notice.
You are responsible for safeguarding the authentication of information, including password, that you use to access the Websites/Apps, and for any activities or actions under your authentication information, whether your authentication information is directly with our Websites/Apps or a third-party service.
You agree not to disclose your authentication information to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorised use of your account.
Termination of registration does not remove your liability for possible violations and/or damage inflicted during the validity period of your registration. By registering you agree to receive notices related to administration or your use of the Websites/App and its content, released by YouRecruit, and legal or natural persons appointed, engaged or authorised by YouRecruit.
Exclusion of warranties
YouRecruit provides the Service on an “as is” basis and all implied conditions and warranties in respect of the Service are excluded by YouRecruit to the fullest extent permitted by law, including without limitation, any conditions and warranties implied by the Sale of Goods Act 1983 and the Sale of Goods and Supply of Services act 1980.
When The Service is being provided for free, eg during trial period, the same conditions of the above apply.
YouRecruit also does not warrant that the service will achieve any intended result or that your access to the software specific services and functionalities will be uninterrupted or error free.
Limitation of liability
Neither party’s liability to the other for fraud or for death or personal injury resulting from its own or its authorised administrative and operational users negligence shall be limited.
YouRecruit accepts no responsibility and shall not be liable in contract, tort, breach of statutory duty or otherwise for any loss of profit, loss of data, business, revenue, goodwill, anticipated savings, or any indirect or consequential loss that may be suffered by you or any other person or company under or in connection with this Agreement.
Except as provided for in this paragraph, the aggregate liability of YouRecruit to you arising out of or in connection with this Agreement, howsoever arising, in contract, tort (including negligence) or otherwise, shall not exceed, in aggregate €1000.00.
YouRecruit shall be discharged from liability in respect of any claim received in excess of one year after you had, or by the exercise of reasonable diligence should have had, knowledge of the occurrence that gives rise to such claim.
We will normally give seven days notice before termination of service, however we also reserve the right to terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms and conditions stipulated in this Agreement.
Either party may terminate this Agreement if the other breaches any of the terms of this Agreement and the breach cannot be remedied, or, if capable of remedied, is not remedied within 30 days of receipt of written notice from the non-breaching party.
Either party shall be entitled to terminate this Agreement without prejudice to its other rights and remedies forthwith by notice in writing to the other party, if the other party is unable to pay its debts as they fall due or enters into compulsory or voluntary liquidation (other than for the purpose of a bona fide reconstruction or amalgamation), or compounds with or convenes a meeting of its creditors, or has a receiver or manager, or administrative receiver or an administrator or examiner appointed over its assets, or ceases for any reason to carry on business.
Any termination of this Agreement pursuant to this paragraph shall be without prejudice to any other rights or remedies a party may be entitled to hereunder or at law and shall not affect any accrued rights or liabilities of either party nor the coming into or continuance in force of any provision hereof which is expressly or by implication intended to come into or continue in force on or after such termination.
Upon termination, your right to access and view the service specific data and any licences granted to you under this Agreement shall immediately cease. This applies to all types of users and their authorised administrative and operative agents in regards to the different type of contractual relationship you have with Yourecruit or with any of our direct clients.
Any notice required or permitted to be given by either party to the other under this Agreement shall be in writing and submitted by email to the email address that the other party has specified. Such notices shall be deemed to be delivered one hour after being sent unless the sending party receives a report or message indicating that the message is undeliverable.
The waiver by either party of a breach or default of any of the provisions of this Agreement by the other party shall not be construed as a waiver of any succeeding breach of the same or other provisions of this Agreement, nor shall any delay or omission on the part of either party to exercise or avail itself of any right power or privilege that it has or may have hereunder operate as a waiver (an act or instance of waiving a right or claim) of any breach or default by the other party.
This Agreement supersedes all prior agreements, arrangements and understandings between the parties and constitutes the entire agreement between the parties relating to its subject matter. This apply to all types of users.
YouRecruit reserves the right, at its sole discretion, to amend, add or delete any of the terms and conditions of this Agreement when the Service is upgraded, and you should check this Agreement on the YouRecruit website regularly for any such changes.
By continuing to access the service functionalities and view the service specific data through the YouRecruit Websites and Apps, you will have indicated your acceptance of any revised Terms and Conditions.
You shall not assign or otherwise transfer this Agreement or any of its rights or obligations hereunder whether in whole or in part without the prior written consent of YouRecruit.
Invalidity and severability
If any provision of this Agreement shall be found by any court or administrative body of competent jurisdiction to be invalid or unenforceable the invalidity or enforceability of such provision shall not affect the other provisions of this Agreement and all provisions not affected by such invalidity or unenforceability shall remain in full force and effect.
The users hereby agree to attempt to substitute for any invalid or unenforceable provision a valid or enforceable provision which achieves to the greatest extent possible the economic, legal and commercial objectives of the invalid or unenforceable provision.
In the event that you or YouRecruit obtain access to the confidential information of the other party in the course of using the specific product service or Websites/Apps, the party obtaining such information shall maintain the confidentiality of such information in the same manner it maintains the confidentiality of its own similar confidential information, but in no event with less than reasonable care.
While providing expert support and review of service specific data, YouRecruit shall maintain the confidentiality of the information/service specific data entered into the service specific database. Expert review of the information/service specific data existing into the service database can be accomplished in one of the following ways:
By sending the information/service specific data via e-mail to our expert for review/amendment/upload.
By providing secure remote access for our experts to your file hosting service or other third party services where the expert can remotely access the information/service specific data and review/amend them.
Copyright and other intellectual property rights #
Content available through the YouRecruit specific service products, Websites/Apps in any form, are protected by copyright and other intellectual property rights according to the legal provisions in force.
All types of users are held responsible for possible violation of copyrights and other intellectual property rights related to the contents.
Access to or use of the Websites/Apps and its functionalities or the content does not grant any license, right to use, right to exploit or any other right related to protected content, except to the extent and in the manner explicitly specified in the provisions of these Terms and Condition or a corresponding separate Agreement.
It is not allowed:
To download, reproduce, copy, distribute, lease, provide for use, publish, communicate to unauthorised third parties or general public, or use content in any other way for commercial purposes, without written consent previously granted by YouRecruit.
To alter, modify, edit, translate, or create derived works from any content available through the Websites/Apps for commercial purposes, without written consent previously granted by YouRecruit.
To use content available through the Websites/Apps for purposes related to selling or offering for sale, advertising or promotion of any product or service by any person.
If we independently discover a violation of copyright and/or other intellectual property rights, trade secret or other rights of users or third parties, or any other violation of these Terms and Conditions, or if we are informed by a user or third party of any such violation, or if we receive a request for the removal of content, link, protected content or data, we shall immediately take all necessary measures to establish grounds for such request and elimination of possible violation.
Specifically, if we independently discover, learn or receive a corresponding request related to content, link, protected content or data, we shall be willing to cooperate with the alleged owner of the intellectual property right, or request submitter; the owner of the rights and the request submitter shall agree to cooperate with us bona fide for the purpose of establishing relevant facts and undertaking measures for the elimination of the alleged violation.
We reserve the right, but do not assume the obligation, to remove the content, link or protected content or data in dispute from the Websites/Apps, based on our own assessment and until the dispute has been finalised.
If the corresponding information or request relates to data, the submitter and the user who published, transmitted, uploaded or in any other way made available through the Websites/Apps the data in dispute, shall provide all necessary information and explanations concerning the request or the data. This applies to all types of users.
If we establish that the request in dispute is valid (e.g. on the basis of a final judicial decision or valid settlement), the specific data in dispute shall be removed from the Websites/App without delay. Also, we reserve the right, but do not assume the obligation to remove the specific data in dispute from the Websites, and to cancel the user account of the user concerned, without prior notice and without explanation, based on our own assessment and until the dispute has been finalised.
This Agreement will be governed and construed in accordance with the laws of Ireland & the European Union, and you hereby agree that for the benefit of YouRecruit and without prejudice to the right of YouRecruit to take proceedings before any other court of competent jurisdiction, that the courts of Ireland shall have jurisdiction to hear and determine any suit, action or proceedings that might arise out of or in connection with this agreement and for such purposes you irrevocably submit to the jurisdiction of such courts.
Last updated: 23/11/2018