Terms of Service
This document, the "Terms of Service," constitutes an offer by LLC "Talex", hereinafter referred to as "The Company," to enter into an agreement on the terms set forth below.
Below you will find terms and conditions and information about our Company’s cookie and privacy policies. We know we are giving a great deal of information. The Company does this for a reason: we want you to have as much knowledge about what we do for you at The Company as it is possible. We do not want you to wonder about any of our processes or procedures or guess as to what your interaction with The Company means. We want you to understand it, which is why we must explain it in detail. We urge you to read these terms or any section of interest to you. You are agreeing to proceed under them.
For purposes of these Terms of Service, the following terms are used:
"Company" – LLC "Talex", a legal entity established and acting in accordance with the legislation of Vietnam.
"Personal Information/Data" – any information relating to a directly or indirectly identified or identifiable individual (the subject of personal data).
“Company Apps” – Telegram channels @revacancy, @revacancy_vn and @revacancy_global.
“ReVacancy” – Tools and Applications developed by LLC "Talex", a legal entity established and acting in accordance with the legislation of Vietnam.
"User" – any individual who uses the Company's services and/or visits the Company's website or Application.
“Job Seeker” – individuals searching for employment openings, services, or information related to their personal employment or job search.
“Candidate” – individual actively applying for employment openings, services, or information related to their personal employment.
“Employer” – individual and/or organization seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies.
“Advertiser” – individual and/or organization seeking to participate in The Company Advertising Program.
Introduction to Terms of Service of The Company
Each time you access or use The Company’s online and/or mobile services and websites, including any of The Company mobile application and browser extension or plugin, regardless of where it is downloaded from (collectively, the “The Company Apps”), and any software, service, feature, product, program, and element (including e-mail messages, notifications, and other messages) provided by or on behalf of The Company on or in connection with such services or websites (collectively, the “Site and/or Application”), including any products, programs, and services described in these Terms of Service, (a) you represent that you have read and understand the Cookie Policy and Privacy Policy; and (b) you are agreeing to the terms and conditions of these Terms of Service (the “Agreement”) then in effect with the following entity or entities.
The Site and/or the Application are made available for use only by individuals searching for employment openings, services or information related to their personal employment or job search (“Job Seekers”), by individuals and/or organizations seeking information related to hiring or human resources, seeking Job Seekers, or seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties and employment agencies (“Employers”), and by individuals and/or organizations seeking to participate in The Company Advertising Program (“Advertisers”). You acknowledge and agree that your license to use the Site and/or the Application is automatically revoked upon your attempt to use the Site and/or the Application for any other purpose.
Except as otherwise provided below, The Company does not act as an employment agency, or any other type of agent, by providing the Site and/or the Application or its tools. The Company provides the Site and/or the Application solely as an independent contractor and does not have the authority to act or make employment decisions on behalf of Employers or Job Seekers. Nothing in this Agreement or on the Site and/or the Application should be construed as creating an agency relationship between us and Employers.
In Vietnam, our affiliate Cong Ty “Talex” may provide services as a staffing agency to its clients. Further, Cong Ty “Talex” may provide services as an employment agency to its clients pursuant to a written agreement with clients separate from this Agreement (together “The Company”). These services are separate from the Site and/or the Application and the Application may involve such affiliates using the Site and/or the Application on their client’s behalf.
If you are accessing or using the Site and/or the Application in your capacity as an employee or other representative of an Employer or Advertiser, you are agreeing to this Agreement on behalf of yourself and such Employer or Advertiser, as applicable, and you represent and warrant that you have the authority to bind such Employer or Advertiser, as applicable, to this Agreement. If you are using assistive technology to access the Site and/or the Application and you need help, you can call The Company at +84-903-973-911 (Vietnam), or you can email info @ rvc.global. You acknowledge that The Company owns a copyright in the Site, the Application, and Services, including in compilations of information available through any of the foregoing.
The Company may reject, remove, or limit visibility to any User Content (as defined below), and The Company may disable any account or restrict your ability to use all or parts of the Site and/or the Application, for any or no reason without notice. Although The Company may indicate why User Content or an account has been removed or disabled, we cannot give every reason why User Content or an account may be removed. We always retain the right to remove any User Content or account if we feel it is in our interest or our Users’ interest.
We may change this Agreement by notifying you of such changes by any reasonable means, including by posting a revised Agreement through the Site and/or the Application. Any such changes will not apply to any claim brought prior to the date on which we posted the revised Agreement incorporating such changes, or otherwise notified you of such changes. Your access to or use of the Site and/or the Application following any changes to this Agreement will constitute your acceptance of such changes. The “Last Updated” legends in each section of the terms and conditions indicate when this Agreement was last changed. We may, at any time and without liability, modify or discontinue all or part of the Site and/or the Application (including access to the Site and/or the Application via any third-party links); charge, modify, or waive any fees required to use the Site and/or the Application; or offer opportunities to some or all Site and/or Application users.
We are committed to ensuring that there is no modern slavery or human trafficking in our supply chains or in any part of our business. Please view our full Modern Slavery Act statement for more details.
This Agreement applies to the following Company website, which is part of the Site and/or the Application: https://rvc.global
This Agreement hereby incorporates by this reference any additional terms and conditions posted by The Company through the Site and/or the Application, or otherwise made available to you by The Company. In particular:
If you access or use The Company Ads Program (free and sponsored job postings, targeted ads, or organizing virtual hiring events) you are agreeing to be bound by The Company Ads Program Terms.
If you access or use ReVacancy Resume Search Program (seeking candidates for jobs within ReVacancy Resume/ CV database), you are agreeing to be bound by ReVacancy Resume Search Program Terms.
If you access or use The Company Assessments (adding assessments into your hiring process), you are agreeing to be bound by The Company Assessment Terms.
If you access or use The Company API(s), you are agreeing to be bound by The Company API Terms.
If you access or use The Company Hiring Platform (online interviews and other hiring tools), you are agreeing to be bound by The Company Hiring Platform Terms.
If you access or use The Company Advertiser Program, you are agreeing to be bound by The Company Advertiser Program; and
For all other uses of the Site and/or the Application, you are agreeing to be bound by The Company's General Terms of Service.
For more information on The Company’s Terms, please see our The Company Terms FAQ.
A. Terms of Service for Job Seekers
For purposes of this Section A of The Company’s General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site and/or Application in your capacity as a Job Seeker. As a Job Seeker, you are permitted to use The Company’s Site and/or Application and its content solely for non-commercial purposes.
1. Job Ads or Job Listings
The Company may make available Job Ads advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”), through The Company’s search results or otherwise through the Site and/or the Application. Searching for Job Ads on The Company is free for Job Seekers. The Company displays Job Ads based on a combination of compensation paid by employers to The Company and relevance, such as search terms, and other information provided and activities conducted on The Company. While The Company may in some circumstances be compensated by employers who post Job Ads, helping keep The Company job search free for Job Seekers, all Job Ads are considered advertising.
Job Ads are created and provided by third parties over whom The Company exercises no control; you acknowledge and understand that The Company has no control over the content of Job Ads, links to or from Job Ads, or any conditions third parties might impose once a Job Seeker has submitted an application or left the Site and/or the Application. For example, some of these third parties may attempt to charge Job Seekers a fee to apply to a particular job, although The Company endeavors not to make such Job Ads available on the Site and/or the Application. If you leave The Company Site and/or Application and choose to enter a third-party website, you accept any terms and conditions imposed by that third-party. Except for sponsored, featured, or paid placements, the Job Ads contained on or linked from, the Site and/or the Application are indexed or posted in an automated manner. The Company has no obligation to screen any Job Ads, or to include any Job Ads, in its search results or other listings, and may exclude or remove any Job Ads from the Site and/or the Application or your search result without any obligation to provide reasoning for removal or exclusion. You understand and agree that The Company has no obligation to present you with any or all Job Ads. We cannot confirm the accuracy or completeness of any Job Ad or other information submitted by any Employer or other user, including the identity of such Employer or other user. The Company assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of any Job Ads, or other information submitted by any Employer or other user.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, The Company may collect certain information about you and any actions taken by you during your visit using automated means, such as via Application Programming Interfaces (API), cookies and web beacons. The information collected includes, for example, information about job listings you viewed and job applications you started and completed. An Employer who uses tracker functionality is required under this Agreement to provide any notice and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that The Company has no control over such an Employer or its website. You agree to The Company’s use of, and receipt of information from, any such tracker functionality.
The Company may provide independent functionality to assist you. For example, The Company may provide search options to help you narrow down Job Ads search results by job type categories (i.e. full-time, part-time, remote, etc.), and such categories are created independently and entirely by The Company, and may not directly or accurately reflect the content of the Job Ads. The Company may reformat Job Listings so that you may read them more clearly on a mobile phone. The Company may also promote Job Ads by selecting Employers on certain pages or websites dedicated to a specific topic, such as inclusive hiring, or military-friendly job posts. The placement of a Job Ad on a dedicated page or website is not a representation regarding the nature of the role for legal purposes (for example gig economy postings are not necessarily limited to contractor status jobs and may also include engagements for employment relationships) or a representation regarding the attributes of an Employer. The Company does not guarantee that applying to jobs through a dedicated page or website will lead to a better job application experience, a job interview, or a job offer. The dedicated pages or website do not contain an exhaustive list of Job Ads, and no inferences can be drawn with respect to Job Ads or Employers that are not displayed on dedicated pages. The Company may also provide the functionality to call a telephone number contained in a Job Ad using the phone app on a mobile device. The Company cannot guarantee that the extracted phone number is the correct phone number for the Employer or for the Job Ad you are viewing.
2. Resume and Profile
By creating a searchable resume through the Site and/or the Application (“ReVacancy Resume”) or uploading a file resume on the Site and/or the Application (collectively, “Your Resume” or “Job Seeker Resume”), you are requesting and authorizing The Company to make available Your Resume to anyone accessing our Site and/or Application, such as Employers that The Company believes may have an interest in Your Resume, users of The Company’s Resume Search Program, or anyone with access to the URL associated with your searchable resume. We offer you the option to make Your Resume searchable on our Site and/or Application to help you find a job. You are responsible for keeping Your Resume accurate and up-to-date.
When you provide Your Resume to The Company, Your Resume is set to searchable on our Site and/or Application (“Searchable”) by default. If you do not want The Company to make available Your Resume to third parties or if you do not want Employers to contact you, set your ReVacancy Resume and uploaded file resume to not searchable on The Company (“Not Searchable”). Resumes that are not searchable on The Company are only made available to those to whom the Job Seeker has submitted an application or provided their resume. Applying to jobs or otherwise sharing Your Resume with Employers may result in Your Resume being copied and published even if it is set to Not Searchable. While you may change Your Resume privacy settings at any time, setting Your Resume to Not Searchable will not affect your previous applications or prevent employers you responded to from contacting you. Resumes set to Searchable, including yours, can be copied by search engines and other third parties accessing the Site and/or the Application, who can then make those Resumes publicly available elsewhere. The Company does not control such third parties. If Your Resume is copied in this manner, then setting it to Not Searchable on The Company will not affect those third parties or the copies they have made of Your Resume. Changes to Your Resume on the Site and/or the Application may or may not be reflected on copies made by third parties. If you do not want Your Resume to ever be publicly visible or copyable, you must keep it set to Not Searchable. The Company assumes no responsibility and disclaims all liability for Your Resume, your information, or application information that you share with Employers or otherwise make public. You can read more about resume privacy here.
In the United States, The Company may make publicly available information aggregated from various sources searchable by third parties (like Employers) through our ReVacancy Resume Search offering. We make that information available on a limited basis and for a limited time to help connect you to potential employers about their Job Listings or job opportunities, and such information is not used for application purposes. You may remove your publicly available information from our ReVacancy Resume Search offering and unsubscribe from receiving potential job opportunities from Employers by following the unsubscribe link in our messages. To delete your publicly available information from our Site and/or Application, submit this form.
As we continue to improve the Site and/or the Application, you may see phrases like ‘Employers can find you’ and ‘Employers can’t find you’. For the purposes of the Terms, these phrases are synonymous with the previously employed terms ‘Searchable’ and ‘Not Searchable,’ respectively. These phrases are only rephrasing for the purpose of enhancing user understanding, and they in no way alter the substantive rights, obligations, or protections provided under our Terms.
By creating or uploading Your Resume, you are requesting and authorizing The Company, or The Company vendor, to review or scan Your Resume and provide your feedback (at The Company’s discretion), including suggested changes, other jobs you may consider applying to because your qualifications may match their requirements, and suggestions for additional information you may want to include with your application to a particular job. We may also provide you with feedback through additional resume review services, such as helping you understand how your resume may be parsed by applicant tracking system software, feedback on ways to build a more effective resume or a personalized resume review video. We provide this feedback directly to you and may give you the ability to access it within your account. It is not made available to Employers. You agree that your use of any feedback or other information provided through resume review services is at your sole discretion. You are the only one responsible for deciding which jobs to apply to and what to include in your applications. The Company assumes no responsibility and disclaims all liability for any actions you take based on any provided feedback. The Company does not guarantee that any recommended jobs are suited for you.
By creating ReVacancy Resume or uploading a file resume on The Company, The Company may share with you Job Ads that match the contents of Your Resume. The Company may also highlight items in Your Resume that may match qualifications from the Job Ad, or highlight items that appear in the Job Ad and may be missing from Your Resume. These highlights do not mean you are or are not qualified for the job or that you should or should not apply for it. Applying for such Job Ads does not guarantee job interviews or hiring. Even where The Company highlights items or a Job Ad is shared with you, The Company assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability, or availability of Job Ads or highlights. By uploading a file resume on the Site and/or the Application, you agree that The Company may convert your file resume to a different file type. It is your responsibility to review Your Resume to ensure that the content appears as you intend and that it contains the right information or any information you intend to include or update. If you see any inaccuracy in any such material, it is your responsibility to correct such information or to contact The Company to do so. It may take a few days for updates to your account or Your Resume to be reflected. The Company assumes no responsibility and disclaims all liability for Your Resume or other application information you post, send, or receive through the Site and/or the Application.
If you have The Company account, ReVacancy Resume, or an uploaded file resume, you agree that The Company may associate Your Resume data with your profile on The Company (“The Company Profile”). Your Company Profile consists of information you provide on the Site and/or the Application in the “Profile” section of your account. This includes your ReVacancy Resume, your scores on any The Company Assessments you may have taken, and any information that you choose to include, such as your desired job title, job types, work schedule, whether you are ready to work or pay. Information in your Company Profile, except as otherwise indicated on the Site and/or the Application, may be available to third parties, such as Employers. If you do not want The Company to make your The Company Profile available to third parties or if you do not want Employers to contact you, set your ReVacancy Resume and uploaded file resume to Not Searchable or remove Your Resume. Your response to The Company Assessment will be associated with your The Company Profile. You may choose whether your The Company Assessment response is available to Employers viewing your The Company Profile. You can enable the ready-to-work feature on your profile to let Employers know that you can start work immediately. The Company may disable that feature from your profile after a certain time, but you can manually enable it again.
To mitigate fraud, The Company may mask or hide your contact information, for example, we may mask or hide your email address and/or phone number, from Your The Company Profile, Your Resume, or application, and may substitute it with an alias. The Company makes no promise to you about whether all or part of your contact info will be masked or hidden, and the decision to mask or hide such info is in The Company’s sole discretion. The Company may also mask some or all of the Employer’s contact information, or an Employer may choose to mask their contact information when they contact you. In either case, you agree to an Employer contacting you from a masked phone number or email, and that you may not be able to return their call unless they provide their real number to you. The Company reserves the right to limit your ability to set Your Resume to Searchable and may toggle a public resume to Not Searchable, at any time, to prevent illegal conduct, for fraud mitigation, or for any other reason in The Company’s discretion. The Company makes no guarantee that Your Resume will be shown to any particular Employer or that any portion of ReVacancy Resume database will be available to an Employer at any particular time.
In certain markets, The Company works with organizations that are involved in helping Job Seekers find opportunities. Notwithstanding the possible use of the term “partner” or “partnership,” The Company’s engagement with these organizations does not create or imply a joint venture, partnership, principal-agent relationship, or any other form of joint enterprise between the “partner” organization and The Company. In some instances, The Company shares limited information back to these organizations about Job Seekers if Job Seekers agree to such sharing. For example, confirmation that a Job Seeker has created an account or used our Site and/or Application successfully (for example, by applying to a certain number of jobs or utilizing our career guides). These organizations may advertise their career services in partnership with The Company. The Company is not responsible for and disclaims all responsibility and liability for the activities of these organizations and their career services. The Company does not guarantee the quality or effectiveness of any advice, recommendations, guidance, or services you may receive from these third parties. You agree that, to the maximum extent permitted by law, The Company will have no liability arising from any interactions you have with such a third-party organization.
In connection with The Company’s work with these organizations, The Company may offer Job Seekers opportunities to present particular skills and qualifications on their Resumes in connection with training programs or courses they have taken. Job Seekers are ultimately responsible for the contents of their Resumes or Profiles, as well as their job searches and applications. The Company assumes no responsibility and disclaims all liability for Resume or application information that Job Seekers share with Employers or otherwise make public. The Company makes no guarantees regarding your job application experience, that your Resume will be shown to a particular Employer, that Employers will contact you, or that you will receive job interviews or job offers.
3. Applying to Jobs Through The Company
Any resume or application information that you submit through the Site and/or the Application, including Personal Data included in a resume, application, or responses to screener questions and assessments (“The Company Apply”), is subject to this Agreement (including Section D.3.) and to The Company’s Privacy Policy (all references on the Site and/or the Application to “Apply Now”, “Easily Apply”, “Simple Apply”, “Apply from your phone”, “Apply with The Company”, “RSVP to hiring event” or any similar references mean “The Company Apply.”). To maintain the quality of the Site and/or the Application and Services, The Company in its sole discretion may impose limits on your ability to apply to Job Listings or to other Company services. Use of any automation, scripting, or bots to automate The Company Apply process outside of The Company’s official vendors and tooling is prohibited.
You acknowledge that prior to submitting an application through The Company Apply, you are responsible for reviewing and confirming that you are applying to your desired Employer. Once you provide information to an Employer (whether in the form of a job application, resume, email, interview material, or otherwise), The Company does not have control over the Employer’s use or disclosure of that information. If you want to request the Employer delete, modify, or maintain confidence over any such information, you must make such a request directly to the Employer. Unsubscribing from calls from Employers through The Company does not apply to interviews you have already scheduled. If you require alternative methods for applying, you must approach the Employer directly to request such alternative methods, as The Company is not responsible for the Employer application process.
When you ask The Company to submit your application or other information through The Company Apply, you are sending Your Resume and application information to The Company, and you are requesting and authorizing The Company to make available such application information to the applicable Employer(s) for the indicated Job Listing(s). You further agree to The Company’s performance of automated processing in relation to your application, as such processing is an essential part of this Agreement. When you ask The Company to transmit an application or a message, including, but not limited to, a signed offer letter, to an Employer via The Company Apply or The Company’s relay system, or store such application, you understand that this is without warranty and that The Company reserves the right to reformat such application or message. Additionally, you consent to your application and any responses sent to you by the Employer (including offer letters) through The Company being processed and analyzed by The Company according to this Agreement and The Company’s Privacy Policy.
You acknowledge and agree that Employers may request that The Company assemble your application materials, resume, answers to screener questions, assessment responses, and other information you provide to The Company into one document, and you agree that in doing so, The Company assembles these application materials on your behalf. When you apply to a job using The Company Apply, The Company will attempt to send your application to the contact information provided to us by an Employer or their Agent, which may include sending your application to an Applicant Tracking System (ATS) or other service provider selected by the Employer. You agree that Employers can enable such service providers to access and manage their Company accounts, including by connecting to and integrating with APIs provided or used by The Company. By applying for a job through The Company, you agree to the Employer’s use of such service providers and acknowledge that such use may involve an intermediary’s access to job applications sent to its Employer client. We cannot guarantee that such messages and applications will be delivered, received, accessed, read, or acted upon. The Company also does not guarantee that any Employer will receive, be notified about, access, read, or respond to any such resume or other application material, or that there will be no mistakes in the transmission or storage of the data. The Company depends on the Employer or the Employer’s agent to provide The Company with the correct destination for all applications, and we cannot vouch for the validity of the contact information provided to us by Employers. If the electronic destination provided to The Company is incorrect, your application materials will not be sent to the intended recipient of the application. Further, The Company does not guarantee that its integrations or the interface will be error-free. However, The Company may alert you when any of the above events occur.
Job Ads may expire or otherwise be removed between the time you submit your application and the time it is received, in which cases your application will be void. The Company has no responsibility for expired or removed Job Ads or for delivering applications prior to a Job Ad’s expiration or removal. The Company and its third-party providers may store your application and related information regardless of whether a Job Listing has been closed or is no longer available on the Site and/or the Application. We also cannot vouch for the technical capabilities of any third-party sites, including but not limited to ATSs. Third-party sites, including ATSs used by Employers, may disclaim liability for technical malfunctions, including the failure in the delivery of applications. We are not responsible if an ATS rejects or fails to deliver an application to an Employer for any reason. If you do not feel comfortable sending an application or messages in this manner or having your application or messages stored by The Company on The Company’s or third-party providers’ servers, do not use The Company Apply or The Company relay functions and please send your application or messages directly to the Employer by whatever other method you so choose, including the public mail system. You may contact the Employer directly to find alternative methods of application if you do not wish to apply through The Company. By using ReVacancy application system, you fully consent to the above.
By using ReVacancy, you agree that The Company is not responsible for the content of the Employer’s job application, requirements, messages, screener questions, skills assessments, or their format or method of delivery and that The Company does not guarantee receipt of your application by the Employer or your receipt of messages from the Employer. Please note that The Company does not choose the questions asked by Employers or decide the job qualification criteria of Employers. Employers are solely responsible for compliance with all applicable laws, including the Fair Credit Reporting Act and similar laws, anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and any applicable data protection or privacy laws. Employers are responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any similar law. You must contact the Employer if you require alternative methods of screening. Some questions may be labeled as Optional, indicating only that the application may be submitted to the Employer without providing an answer. The Company cannot guarantee that the Employer will consider such an application or make a particular determination with regard to such an application. Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability, and/or veteran status along with their job applications. Some Employers are required by law to ask these questions and you may see these questions when applying for jobs in The Company. That is a separate process from The Company’s collection of demographic data (see section 11, “Your Job Seeker Data,” below). The Company is not responsible for these questions. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their privacy policy. The Company does not guarantee the identity of an Employer or any individuals working for any Employers and cautions Job Seekers when applying to jobs. The Company cannot make any guarantee regarding health and safety measures in an Employer’s hiring or interviewing process. The Company recommends Job Seekers follow personal health and safety best practices as recommended by the World Health Organization or similar institutions. The Company does not guarantee the validity of a job offer and cautions Job Seekers to verify the validity of a job offer before taking adverse action regarding their current employment situations. Job Seekers are solely responsible for verifying the accuracy of any Employer or job offer.
By using ReVacancy and answering screener questions, you acknowledge that Employers may have instructed The Company to send out rejection notices if your answers do not match the answers sought by the Employer, and you acknowledge that The Company has no discretion in the transmission of these rejections. The Company may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing The Company to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. These notices are automatically sent after a period of time selected by the Employer unless the Employer indicates to The Company their interest in your application. You acknowledge and agree that The Company has no discretion in the sending of these messages, and that any such messages are solely a result of the Employer’s decision to activate Employer Assist and to not take action on your application on The Company within the time period selected by the Employer. Any interactions the Employer has directly with you and not through a tool provided by The Company (for example, calling or emailing you directly instead of through The Company Relay Service) are not visible to The Company, and would not by themselves prevent an Employer Assist rejection notice from being sent. The Company assumes no responsibility and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of any Employer Assist notices.
By using ReVacancy Apply and answering screener questions, you acknowledge that Employers may have instructed The Company to schedule interviews with Job Seekers who meet criteria (based on information the Job Seeker has provided to The Company, such as answers to screener questions, resume, and The Company Assessment Responses) that the Employers have selected, and based on the Employers’ availability. You agree that The Company has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the availability or criteria the Employer provided to The Company may not be accurate. The Company may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately your and the Employer’s responsibility to confirm whether any interviews were scheduled or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time.
The Company may offer Employers functionality that groups applicants based on whether they meet or may meet Employers’ criteria, based on text in their resumes or answers to screener questions. In all cases, Employers can view any applicant at any time, and The Company makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision, and is not a substitute for human discretion and review. The Employer is solely responsible for its screening and hiring decisions.
When you search for jobs on The Company Job Search app and proceed to apply for a job, including jobs on third-party sites, The Company may suggest information from your The Company profile to include in your application. It is your responsibility to review suggestions before accepting them and including them on your application.
For Job Seekers located in Japan, you acknowledge that when The Company is presented as The Company Agent (hereinafter referred to as “The Company Agent Japan”), The Company is acting as an employment placement business provider (as defined under applicable law). The Company Agent Japan offers the services in accordance with these terms and the rules set forth on its website. The Company Agent Japan will only send you Job Listings that The Company Agent Japan determines may be of interest to you. You may also end your relationship with The Company Agent Japan at any time.
You acknowledge that as part of its efforts to combat fraud and spam, The Company may require that users verify their email address. When you apply for a job through The Company, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.
4. Job Matching and Recommended Jobs
Job matches are recommendations that may be presented to both you as a Job Seeker and to Employers in various formats on the Site and/or the Application. For example, The Company may recommend Job Ads that are similar to jobs to which you recently applied, or recommend Resumes to Employers that match Job Ads they post. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).
To generate matches, The Company uses data collected through our Site and/or Application from both Employers and Job Seekers. This includes Job Ads, Your Resume, your application materials (including responses to screener questions), The Company Assessments, and your activity on The Company (such as searches you run and Job Ads you click on and apply to). You agree and consent that The Company may use this information to present potential matches to you and to potential Employers.
The Company may automatically send you recommended jobs via the email address you use to apply to a job or the email that is associated with your The Company account.
5. Communications and Other Actions on the Site and/or the Application
When you view, send, store, or receive communications or materials (including Job Listings, resumes, messages, text messages, applications, questions and responses in applications, and any other information) on or through the Site and/or the Application, you agree to your communication and materials being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Site and/or the Applications’ rules and other The Company policies, content moderation, and to improve the Site and/or the Application or any other The Company product or service whether via automated means or otherwise. If you disagree with any part of these terms, do not use the Site and/or the Application.
When an Employer views, sends, stores, or receives communications or materials through or using the Site and/or the Application, The Company may inform you about such actions. Additionally, we may also inform you that an Employer has taken other actions with regard to a Job Ad, your Resume, or your application, such as pausing or closing a Job Ad, opening your Resume or application, viewing your Resume or application, responding to your Resume or application, and making a decision with regards to your application or Job Ad. The Company may inform the Employer about activities you take on the Site and/or the Application or your use of the Site and/or the Application, for example, whether you are online, recently active, or active on The Company, and you hereby consent to The Company taking such actions. As part of this functionality, you may receive messages, including but not limited to text messages, emails, or email notifications corresponding with your or an Employer’s (in the event you applied for a job) activity on or use of the Site and/or the Application, The Company Apply, The Company Chat, or any other communications service, product, or feature provided on or through the Site and/or the Application. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you accept an interview request, it is your responsibility to follow up with the employer separately to ensure they know your response, do not rely on notifications through The Company. The Company disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
The Company may offer you the opportunity to receive a text message interview reminder from The Company when an Employer has scheduled interviews with you. In such an event you will enter your phone number on The Company consent form and by entering your phone number you are representing and confirming it is your phone number and that you have the right to accept text messages at the number. The Company will only send you text message reminders for your interviews, and you agree to accept such text message reminders on your cell phone, including messages sent by an automated telephone dialing system. You acknowledge that if the words “automated,” “automatic,” or similar words are used on the Site and/or the Application in connection with calls or text messages, these words do not refer to the generation or storage of a phone number. The Company only calls the number that you generated and stored when you provided your number to The Company. In the event you change your phone number, you agree to promptly update your Company account with the new number. You agree that by providing your phone number or using the Site and/or the Application, you are establishing a business relationship with The Company and that The Company may send you text messages in connection with that relationship.
The Company may enable text messaging relay and/or call relay services through our Site and/or Application to help facilitate contact between Employers and Job Seekers about a Job Listing. You understand that communicating through such relay services on or through the Site and/or the Application shall be limited to the purpose of applying for a Job Listing. The Company may, in its sole discretion, turn off or disable text messaging relay and/or call relay services for any Employer or Job Seeker at any time without prior notice and for any or no reason. Please note that since these text messaging relay and call relay services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to send or receive such text messages or calls. You agree that The Company is not responsible or liable for the content of any text message and/or call from you or Employers. You further agree that The Company is not responsible or liable for the manner in which you or Employers use text messaging relay and/or call relay services.
The Company may offer you the ability to utilize a text messaging relay service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings (“Text to Apply”). The Company may also offer you the ability to utilize a QR scanning service to facilitate contact for the purpose of submitting applications and for other communications related to Job Listings (“Scan to Apply”). To use Text to Apply, a Job Seeker must text an Employer’s preset keyword (“Keyword”) to a telephone number which may be included in the Employer’s advertising materials, such as a sign, flyer, or other materials or items that Employers display which contain a Keyword and phone number or QR code (“Sign”). To use Scan to Apply, a Job Seeker must scan the QR code displayed on a Sign. You agree that The Company is not responsible for the content or placement of any Sign. By texting the Keyword to the telephone number, you are consenting to receive text messages about the Employer’s Job Listings. You understand that a Keyword or QR code may be inactive or unavailable when you text the phone number or scan the QR code. You also understand and agree that messages and data rates may apply as a part of your use of Text to Apply. Please note that since these text message services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to send or receive such text messages. You represent and warrant that you are the subscriber and primary user of the telephone number from which you use Text to Apply. You acknowledge and agree that when you text the assigned Keyword to the phone number provided, The Company shall respond with a text message containing a link showing the sponsored Job Ads that the Employer has associated with Text to Apply, as applicable.
The Company may also insert functionality into messages relating to your application allowing you to place calls directly to third parties. Please note this functionality is provided solely as a courtesy. Your standard calling rates with your phone provider will apply.
The Company may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Employer. Once an Employer has your contact info, you agree that The Company is not responsible or liable for the manner in which the Employer uses the info. The Company may group messages together as part of a conversation on The Company Messages. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with an Employer through The Company, the Employer sender’s information may be displayed in different ways, for example, you may see the Employer’s company name or the name of the specific person sending the message, but you may not see all of that info in all circumstances. The Company’s messaging system is not intended for sending one message to multiple people. You agree to not use The Company’s messaging services to send bulk messages unless specifically authorized in The Company interface. You agree to not circumvent this limitation by using your email client for this purpose, for example by sending email messages through your email client (e.g. your Gmail or third-party email provider) to multiple The Company aliased e-mail addresses. If a user, such as an Employer, sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third-party email client), this may affect the way messages on The Company are displayed. In this case, it is best to view the email conversation with the third-party email client. Should you choose to send an email from a third-party email client, the person with whom you are communicating may be able to see your email address, rather than the alias.
The Company may enable chatbots, which allow you to take certain actions on the Site and/or the Application, such as applying for a job, scheduling an interview, or otherwise interacting with the Site and/or the Application, Employers, or Job Listings on our Site and/or Application (“Chatbot”). You understand that the Chatbot is an automated service that does not involve human interaction. It is your responsibility to ensure the accuracy and completeness of information submitted through the Chatbot. The Company is not responsible for any loss, damage, or inconvenience arising as a consequence of the use (or inability to use) of the Chatbot or from the information you submit via the Chatbot. You acknowledge and agree that any decisions or actions taken by the Chatbot are not legally binding, and The Company shall not be held liable for any legal consequences resulting from such decisions or actions.
The Company reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify you that chat or other communication options are available for a particular job or Employer. For example, you may see an option to chat with an Employer before applying to certain jobs. Whether or not you see that option depends on many factors, including whether the Employer turned on that functionality and whether the Employer and/ or Job Listing meet certain requirements. The Company may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.
If you have turned on browser push notifications and wish to turn them off, you may do so by visiting the settings on your browser. If you have turned on mobile push notifications and wish to turn them off, you may do so through your mobile device.
It is possible to create an account with a phone number only and no email address (“PNO Accounts”) in certain countries. If you create a PNO Account, you understand and agree that there are limitations to using such an account. Such limitations include the following: (i) if you forget your password, you may not be able to recover it or regain access to your PNO Account and the data contained in your PNO Account, (ii) if you change your phone number, you will lose access to your PNO Account if you do not change the phone number on your PNO Account before you lose access to your old number and (iii) you can only create a PNO Account if you have a WhatsApp account. If you forget your password, you may be given the option to regain access to your PNO Account in some limited circumstances (“Forgot Password Option”). If you want to proceed with the Forgot Password Option, you must ensure that you have access to the phone number associated with your PNO Account. If the phone number associated with your PNO Account has been recycled or a third party has access to it, there is a risk that a third party could access your PNO Account.
To unsubscribe at any time from non-transactional WhatsApp messages connected to your PNO Account, reply STOP by WhatsApp to the relevant message. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Please note that since PNO Accounts depend on the functionality of third-party providers, there may be technical issues on the part of those providers. We cannot vouch for the technical capabilities of any third parties to send or receive WhatsApp messages. You represent and warrant that you are the subscriber and primary user of the telephone number registered on your PNO Account. The Company accepts no liability regarding phone numbers in PNO accounts being recycled or Job Seekers losing access to such phone numbers.
Short Code Text Messages
If you have consented to receive text messages (i) about employer messages and upcoming interviews scheduled on The Company (“Employer Responses and Interview Updates”) or (ii) from Employers interested in Your Resume (“Recruiter Invites”), the terms in this paragraph apply to you. Employer Responses and Interview Updates may include employer messages, confirmation messages, messages reminding you about upcoming interviews, and messages regarding interview cancellations. You can cancel the Employer Responses and Interview Updates and Recruiter Invites at any time by texting “STOP” to the relevant short code or by opting out via Communication Settings. If you want to unsubscribe from both categories of messages you must text “STOP” to both short codes. After you send the text message “STOP”, we will send you a text message to confirm that you have been unsubscribed. After this, you will no longer receive Employer Responses and Interview Updates or Recruiter Invites messages (as applicable). If you want to join again, sign up as you did the first time or opt-in via Communication Settings and we will start sending the relevant messages. Please note if you want to receive Recruiter Invites, your Resume must also be set to Searchable. If you are experiencing issues with the messaging program you can reply with the keyword “HELP” for more assistance, or you can visit our Help Center. Carriers are not liable for delayed or undelivered messages. Message and data rates may apply for any messages sent by you to The Company, and by The Company to you. Message frequency varies. If you have any questions about your text plan or data plan, it is best to contact your wireless provider.
6. Virtual Communications
Employers may offer you the opportunity to participate in virtual, pre-recorded, and remote communications using The Company products, including but not limited to The Company Hiring Platform, Virtual Evaluations, Phone Interviews, Virtual Meetings, and Video Interviews (“Virtual Interviews”). You understand that The Company is not a telecommunications service provider and that The Company is only providing the option for you to communicate with Employers via services that may be offered by third-party providers. Please note that since these telecommunication services may depend on the functionality of third-party providers, there may be technical delays or malfunctions on the part of those providers. We cannot vouch for the technical capabilities of any third parties to receive, transmit, or support such phone or video communications. The Company does not guarantee any aspect of your Virtual Interview experience including transmission of phone or video communications, quality of audio/visual content, data security, or data usage and restrictions. The Company is not liable for any claims arising out of your use of Virtual Interviews and you release The Company from any such claims.
You understand that The Company does not guarantee the Employer’s schedule or availability for conducting Virtual Interviews and cannot vouch for the validity of the contact information provided to us. You also understand that the Employer is responsible for any and all questions, comments, or hiring decisions made. Further, Employers are responsible for any accommodations you need during Virtual Interviews.
NOTICE – Virtual Interviews May be Recorded: You understand that an Employer may enable the recording of a Virtual Interview or you may be given the option to pre-record an interview to provide to the Employer. You agree to respect any notification (visual, audio, or otherwise) which may indicate that recording is enabled by or on behalf of an Employer on Virtual Interview. If you do not agree to be recorded, you must refrain from pre-recording an interview or you must immediately leave the Virtual Interview. By using Virtual Interviews, you agree that the Virtual Interview may be recorded and that The Company and third-party providers can store, access, and analyze the recording. Also, you agree that an Employer that receives pre-recorded interviews or activates the recording function, can access, store, use, analyze, and share the recording and that this activity is outside of The Company’s control. YOU FURTHER AGREE THAT The Company IS NOT LIABLE FOR ANY CLAIMS ARISING OUT OF THE RECORDING OF VIRTUAL INTERVIEWS, AND YOU RELEASE The Company FROM ANY SUCH CLAIMS.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Company IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. The Company ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH THE USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT The Company DOES NOT ASSUME ANY RESPONSIBILITY FOR THE AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT The Company DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
7. Screening Tools
The Company may make screening tools available to Employers for Employer use in the application process, including screener questions, phone screen tools, and assessments. The Company is licensing these tools for Employers’ use as determined by Employers. As a Job Seeker, you agree that the Employer has made the determination to use these tools as part of its application process, and the questions asked are solely determined by the Employer and are not being asked by The Company. The Employer is the sole party to determine which answers will qualify a candidate and is solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”.
The Company does not act as an employment agency by offering screening tools. By using screening tools, you acknowledge and agree that The Company is not procuring employees for Employers or procuring opportunities to work for Job Seekers. The Company merely provides a tool enabling Employers and Job Seekers to exchange information as they determine. The sole responsibility for the content of any screening tools, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of screening tools, is solely with Employers or Job Seekers as applicable.
You further acknowledge that only the Employer is responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any other equivalent or similar law. While The Company is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and The Company does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law.
8. The Company Assessments
The Company Assessments is an online tool for the provision and review of skills assessments selected by Employers (“Assessments”) and responses from Job Seekers (“Responses”) through the Site and/or the Application. Employers may use The Company Assessments tool to send you Assessments, to which you may provide Responses. After you provide a Response, the Employer will be able to use The Company Assessments platform to review the Response.
An Assessment only evaluates a particular skill. It does not evaluate a Job Seeker’s qualifications for any job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by the Employer sending the Assessment and reviewing your Response. Receiving or responding to an Assessment does not guarantee a job or job offer, or a job offer at any particular salary, or any further communication or action by any Employer. An Employer is the sole party to determine whether a Response indicates a qualified Job Seeker. Employers may have instructed The Company to send out rejection notices if you have not responded to Assessments in a manner acceptable to the Employer, and you acknowledge that The Company has no discretion in the transmission of these rejections. The Employer is the sole party to determine whether to consider any retaken Assessments as part of their hiring process.
You acknowledge and understand that Employers (or their employment agencies) select which Assessments to associate with their job openings, and that The Company does not choose the Assessments sent by Employers and has no control over Employers’ selection or use of Assessments. You agree that the questions in any Assessment are solely being asked by the Employer sending the Assessment. The Company may provide a means by which you may request and receive additional time on Assessments. The Company may provide a means by which you may request such an alternative method or other accommodation from the Employer; The Company does not guarantee the Employer’s receipt of, or response to, any such request. While The Company is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and The Company does not warrant that the method of delivery of any Assessment question is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree that The Company is not responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any other equivalent or similar law and that the responsibility for offering any such alternative method lies solely with Employers. If you require an accommodation, or any alternative method(s) of Assessment, screening, or application, you must indicate it to the Employer.
You agree and acknowledge that the usefulness and value of Assessments and Responses depend on their contents being kept confidential. You therefore agree to keep the content of Assessments and Responses confidential and to not reproduce or discuss them with anyone, except that you may communicate with an Employer about an Assessment they have sent to you and your Response.
The Company does not have any obligation to screen any Assessment or Response, or to include any Assessment or Response on the Site and/or the Application, and may exclude or remove any Assessment or Response from the Site and/or the Application for any or no reason without liability or notice. Assessment links sent to you may continue to be active after an Employer has paused or closed their job campaign on The Company. Once an Employer pauses or closes their Job Ad (for example, after the Employer has made a hire), The Company cannot guarantee that the Employer will view any related notices or updates, including Assessments, Responses, and accommodation requests. You may still choose to take the Assessment for the purpose of adding its results to your Company Profile or for another job application.
The Company may also offer you the option to select an Assessment to complete independent of a particular job, and your Response will be associated with your Company Profile. You may choose whether the Response is available to Employers viewing your The Company Profile, though The Company will count the Response for purposes of generating aggregate Response statistics even if Your Response is hidden.
You may be invited to choose to automatically share your Responses to specific Assessments with other employers who request the same skills test from you in the future as part of the job application process. Note that this is a completely separate preference from sharing settings on your The Company Profile, which only controls whether your results are available on your ReVacancy Resume. If you choose to automatically share your Responses to specific Assessments with other employers who request the same skills test from you as part of the job application process, you acknowledge that The Company has no discretion in the transmission or storage of the Assessment responses you choose to share automatically and that transmission or storage is not guaranteed.
As a Job Seeker, you consent to your Responses, applications, and any other communications sent through The Company Assessments being processed and analyzed by The Company according to this Agreement and The Company’s Privacy Policy. You are requesting and authorizing The Company to make your Response available to the Employer providing the Assessment, or (in the case of Assessments selected by you) to any Employer viewing Your Company Profile. You understand that this is without warranty and that The Company reserves the right to display or reformat Responses in a manner to permits Employers to review your Response together with Responses from other Job Seekers. The Company may aggregate the results of all Job Seeker-selected Assessments for the purpose of displaying the percentile for Your Response. If there are multiple versions of the same Assessment, the Response percentile for any Job Seeker will be determined only in relation to other Responses to the same version of that Assessment. You also acknowledge that once you have requested that The Company transmit your Response to an Employer, that request cannot be canceled. The Company does not guarantee that any Employer will receive, access, read, or respond to any Response, or that there will be no mistakes in the transmission of the data. However, The Company may alert you when any of the above events occur.
As a Job Seeker, you shall not create or send any Response which: (i) contains any highly confidential personal information, such as bank account or credit card information, online account information, social security numbers (or similar counterparts outside the United States of America), health information, or other categories of data subject to special breach notification requirements in any country; (ii) contains proprietary information, trade secrets, confidential information, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or other unsolicited commercial communication (except as otherwise expressly permitted by us in writing); or (iii) directly or indirectly violates the Site and/or the Application Rules.
The Company does not act as an employment agency by offering The Company Assessments tool. By using ReVacancy Assessments, you acknowledge and agree that The Company is not procuring employees for Employers or procuring opportunities to work for Job Seekers. The Company merely provides a tool enabling Employers and Job Seekers to exchange Assessments and Responses as they determine. The sole responsibility for the content of any Assessment or Response, any requests for interviews or offers made, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of The Company Assessments, is solely with Employers or Job Seekers as applicable.
As a Job Seeker, you agree that any rights you have under any applicable employment, equality, or discrimination laws, the US Fair Credit Reporting Act, any corresponding state laws, or any similar laws regulating consumer or credit reporting agencies in other countries, may only be asserted against the Employer.
The Company is not a third-party beneficiary of or liable for any agreements between an Employer and Job Seeker, regardless of whether or not The Company receives a fee from the Employer in connection with the transaction. The Company will not be liable for any costs or damages arising out of or related to such transaction.
The Company assumes no responsibility, and disclaims all liability, for the content, accuracy, validity, completeness, legality, reliability, or availability of the Site and/or the Application, The Company Assessments tool, and any Assessment or Response.
If you are a Job Seeker resident in Germany, the limitation of liability as set out above shall be replaced in its entirety by the following:
The Company’s obligation to pay damages shall be limited as follows:
(a) For damages caused by a breach of a material contractual obligation, The Company shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; The Company shall not be liable for damages caused by a breach of a non-material contractual obligation.
(b) The limitation of liability as set out above under (a) shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent The Company has assumed a guarantee.
9. Career Services
The Company may offer you resume review, resume scan, coaching, live video consulting sessions, writing services, general career guidance, or other consultation services (collectively, “Career Services”). By using Career Services, you request and consent that The Company, or The Company vendor, provide you with the service you select. You may only use Career Services for advice concerning your own resume, offer, or employment situation and not another person’s. As a user of the Site and/or the Application, The Company may also, from time to time, provide you with career or hiring guides via blog posts, email, or other channels as part of its services to you. For example, The Company may provide tips on improving your resume or how to use your resume effectively in the job application process, commonly asked interview questions, the next steps after you have submitted an application, and how to prepare for a new job after you have been hired. The Company offers these Career Services as optional guidelines for its users and all liability with respect to actions taken or not taken based on the contents of such Career Services are hereby expressly disclaimed.
When filling out forms associated with Career Services, you agree to provide complete and accurate information. Any information you upload through the forms, including a resume, constitutes User Content and shall be treated in accordance with any User Content sections herein. Any career-related or hiring-related information, feedback, guides, or other content provided by The Company, or The Company’s vendor, through Career Services or otherwise, is for informational purposes only and is in no way to be construed as professional career counseling or staffing services (unless otherwise expressly noted by The Company in services such as The Company Agent in Japan). You understand that The Company may give suggestions or information regarding best practices, however, you understand that it is ultimately your responsibility to determine how to pursue your job search or candidate search. You further understand that in providing any such career or hiring guides, The Company is not acting as a job placement agency or staffing firm (unless otherwise expressly noted by The Company in services such as The Company Agent in Japan). You are responsible for reviewing any career or hiring-related information provided to you, for example, for accuracy and completeness. You are also responsible for editing the information before you use it, for example, for an employment application. The Company is not responsible for the accuracy or completeness of any information that The Company or its vendor provides you. You understand that by using Career Services or referring to or using any career or hiring information, you are not guaranteed job interviews, job placement, assurance of being hired, or a higher salary or increased benefit, and you take full responsibility for the use of these services or information.
The Company owns all rights in Career Services and other career and hiring-related material that The Company provides you, such as video feedback and hiring tips. By using Career Services, The Company grants you an express, non-exclusive, non-assignable, and non-sublicensable right and license to use materials developed by The Company or The Company vendors for you. This license is limited to personal and non-commercial use and any further use is prohibited.
The Company may offer, as part of Career Services, the opportunity for you to engage with third parties, sometimes referred to as career coaches or professional writers, to discuss job search, resume writing, or career strategies, either through the Site and/or the Application or in person. Regardless of how you interact with them, you acknowledge that these third parties are not employees of The Company and that The Company is not responsible for the content of any such discussion or any actions taken or not taken based on the contents of such discussion. Do not share any information you consider confidential or personally sensitive with these third parties. The Company does not guarantee the quality or effectiveness of any advice, recommendations, or guidance you may receive from these third parties. You agree that, to the maximum extent permitted by law, The Company will have no liability arising from any discussion you have with such a third party. Further, the live video service functionality in Career Services utilizes a video platform created by the third party, Whereby. By using any feature of Career Services that involves live video services, you agree to Whereby’s privacy policy.
Career Services Payment, Cancellation, and Termination. To the extent that you use a paid Career Services offering, you shall be charged as indicated on the Site and/or the Application. Subject to the limited cancellation rights described below, refunds (if any) are at the absolute discretion of The Company and only in the form The Company finds appropriate in its sole discretion. You acknowledge and agree that any credit card, bank account, and related billing and payment information that you provide to The Company may be shared by The Company with companies who work on The Company’s behalf, such as payment processors.
9.1 Consumer’s Right to Cancel
The following cancellation provision is applicable only to Job Seekers who are residents of British Columbia and Newfoundland and Labrador, Canada, and who have purchased a Career Services offering: You may cancel your purchase of Career Services from the day you enter into the contract until ten (10) days after you receive the services. You do not need a reason to cancel. If you do not receive the services within thirty (30) days of the date stated in the contract, you may cancel the contract within one (1) year of the contract date. Any acceptance of delivery beyond the thirty (30) day threshold forfeits such rights. You lose that right if you accept delivery after 30 days. There are other grounds for extended cancellation. For more information, you may contact your provincial consumer affairs office. If you cancel your purchase of Career Services, The Company shall have fifteen (15) days to refund your money. To cancel, please contact The Company, Inc. at career-services@rvc.global.
9.2 Termination
The Company may cancel all or part of Career Services or we may suspend your access to Career Services at our sole discretion, at any time, with or without prior notice. If you wish to terminate your use of Career Services, you may do so at any time. The Company may also, in its sole discretion, refuse to offer Career Services to anyone, without providing a reason.
10. Salary and Other Information Provided by The Company
The Company may provide salary and other information and content to users for informational purposes only. For example, The Company may provide you with data regarding estimated salaries for a given Job Listing, the number of applications to a Job Listing, responses to certain screener questions for a Job Listing, or the likelihood that a particular event will occur such as being selected for an interview. This information provided by The Company is based on estimates given for informational purposes only and without warranty and is subject to change or varying levels of accuracy. Please note that all salary figures displayed on The Company are approximations based upon multiple third-party submissions to The Company, including from The Company affiliates. These figures are given to The Company users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures.
The Company, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on The Company”. Employers may also request that The Company add such labels. The Company shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that The Company does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and The Company does not guarantee the accuracy of such data. The Company may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description for informational purposes only. The Company does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads, including data on Job Ads.
The Company may also display publicly available information about employers on Company Pages. Information on Company Pages is presented for informational and promotional purposes only, is subject to change, and may be gathered from or generated by third parties. The Company assumes no responsibility and disclaims all liability for the content, and accuracy including the translation of any user-generated content that is translated using OpenAI API, Google Translate API, completeness, legality, reliability, or availability of any Company Page. Please contact the Employer for the most accurate and up-to-date company information.
11. Your Job Seeker Data
As a Job Seeker, you take a variety of actions on our Site and/or Application and you provide various information. For example, you search for jobs, and The Company knows and stores the titles of jobs you search for and click on, where those jobs are located, the general salary range or experience level of the jobs you view (if indicated on the Job Listings), the Job Listings you apply to, your amount of activity or time of most recent activity on The Company, and any other information you provide directly to The Company including desired salary, past experience, any information in your The Company Profile, and any of your other behavior on the Site and/or the Application. You know exactly what this data is because you are the person who provided the information or undertook the activity and the data pertains only to your activity. By using ReVacancy, you acknowledge and agree that The Company collects, records, processes, analyzes, and stores any and all information you provide and activities you take on the Site and/or the Application, and any and all interactions and communications you have with, on, or through the Site and/or the Application.
When you initiate a job application on a website operated by an Employer or its applicant tracking system, The Company may collect certain information about you and any actions taken by you during your visit using automated means, such as via API, cookies, and web beacons. The information collected includes, for example, information about Job Listings you viewed and job applications you started and completed. An Employer who provides tracker functionality is required under this Agreement to provide any notice and obtain any prior consent, that may be required by applicable law. However, you acknowledge and agree that The Company has no control over such an Employer or its website. You agree to The Company’s use of, and receipt of information from, any such tracker functionality.
If you have The Company account or a Job Seeker Resume, you agree that The Company may associate this data with your The Company Profile and use this observed factual data to suggest jobs to you and to suggest you or your Searchable resume to Employers that might be interested in a person who matches your behavior on The Company. You also agree that The Company may contact you based on this observed behavior or provide info on behalf of Employers or The Company itself. Please note, that the aforementioned actions do not include information sent to you by a third party, however, The Company may publicly display the fact that you have recently used The Company Site and/or Application to correspond with a third party. In addition, if you set Your Resume to Searchable, this means that The Company may share all of the aforementioned information about yourself with third-party Employers. If you do not wish to share such information, you may set Your Resume to Not Searchable. When you make changes to your Company Profile, including, but not limited to, updating, deleting, or changing settings on Your Resume, it may take a few days for the changes to be reflected.
You may have the opportunity to provide The Company with certain demographic information about yourself, such as your race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether you have an arrest or conviction record (“demographic data”). By choosing to provide your demographic data you agree that The Company may use it to evaluate and improve our products and share aggregate summaries of job seeker information with employers. If you do not want your demographic data to be used in this way, do not provide it to The Company (or, if you have already provided your demographic data to The Company, you can request it be removed). You further acknowledge and agree that another Job Seeker’s demographic data is personal information, and to the extent permitted by law, you waive any right to request or view demographic data pertaining to any other Job Seeker.
Please note that The Company may be required to comply with legal obligations or governmental requests or establish or exercise its legal rights or defend against legal claims. This means, for example, that The Company may receive legal process from courts or law enforcement to reveal user data, including demographic data.
Please also note that some Employers may ask applicants to voluntarily self-identify certain demographic information such as race, ethnicity, sex, disability, and/or veteran status along with their job applications. Some Employers are required by law to ask these questions and you may see these questions when applying for jobs in The Company. That is a separate process from The Company’s collection of demographic data, and The Company is not responsible for these questions. If you have questions or concerns about an Employer’s application materials, please contact the Employer directly or refer to their privacy policy.
12. The Company Hiring Platform – ReVacancy
The Company Hiring Platform – ReVacancy is a platform designed to streamline Employer hiring and employment decision-making processes by allowing users access to various products such as The Company Interview and related services (“The Company Hiring Platform”). Employers may offer you the opportunity to participate in hiring activities that might be supported by The Company's Hiring Platform. You acknowledge and understand that Employers select the method and manner that The Company Hiring Platform will use for its job openings and that the Employer determines the job requirements and specific needs of its hiring efforts. YOU UNDERSTAND AND AGREE THAT EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAW REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING TITLE VII, AND THAT EMPLOYER INDEMNIFIES The Company AGAINST ANY AND ALL CLAIMS ARISING FROM EMPLOYER’S USE OF The Company HIRING PLATFORM OR SIMILAR PRODUCTS. The Company DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT THE EMPLOYER’S USE OF THE SERVICES COMPLIES WITH TITLE VII OR ANY SIMILAR LAW. The Company has no control nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that The Company is not an employment agency by offering The Company Hiring Platform and related tools. By using ReVacancy Hiring Platform, you understand that The Company is not procuring employees for Employees or opportunities for Job Seekers. The Company merely provides The Company Hiring platform as a tool that enables Employers and Job Seekers to exchange information as they determine.
13. Governing Law and Dispute Resolution
This Agreement and any dispute arising out of or in connection with this Agreement or related in any way to the Site and/or the Application (“Dispute”) will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Vietnam. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site and/or the Application or these terms of service, if you are located in the United States.
14. Class Action Waiver
By using the Site and/or the Application or any Program Elements (defined below) and in return for the services offered by The Company, you acknowledge that The Company can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and/or the Application and the Advertiser Program, you agree not to sue The Company as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against The Company regarding your use of the Site and/or the Application. Additionally, as a Job Seeker, you acknowledge that your use of job search, The Company Apply, and other free services on the Site and/or the Application is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Site and/or the Application. If you do not agree to any part of these terms, do not continue your use of the Site and/or the Application. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 13 above.
B. Terms of Service for Employers
The following terms and conditions apply to all Employers and other users who access or use the Site and/or the Application as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. You further agree that the Terms of Service for All Users also apply. For the avoidance of doubt where the Terms of Service for All Users overlap or conflict with the Terms of Service for Employers, you agree that the Terms of Service for Employers will govern.
For purposes of this Section B of The Company General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site and/or Application in your capacity as an Employer or other user as described above.
1. Employer Accounts
When you create The Company account, a Company Page or post job listings advertising employment opportunities and other job-related content, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site and/or the Application, whether as part of The Company Ads Program or otherwise, you agree that this Agreement (including the Data Processing Agreement ), the terms associated with any The Company service you are using, and all of The Company’s policies, including The Company Privacy Policy and Cookie Policy, apply to you.
When you create The Company account, The Company may require that you verify your identity. You may be presented with different options for verification, including through a third-party service called ID.me. When you use ID.me, you are interacting directly with ID.me, and you share your identification and identity with ID.me directly. You agree that ID.me is solely responsible for any collection, use, storage, processing, or loss of data you provide, and any legal obligations related to such activities, including the capture or storage of any biometric identification or biometric identifiers. The Company does not collect any biometric information or biometric identifiers, or receive any biometric information or biometric identifiers from ID.me.
When you access or use the Site and/or the Application in your capacity as an employee or other representative of an Employer, or if you create The Company account on behalf of an Employer, you represent and warrant that you have the authority to bind the Employer to this Agreement. When you create an account on behalf of an Employer, the account belongs to the Employer, and you acknowledge that any and all information that you provide The Company through the account, such as the actions you take and when you take them, will be visible to the Employer. As part of this account, you may have an individual profile (“Employer Profile”). Your Employer Profile consists of information you provide on the Site and/or the Application in the “Account Settings” and “Employer Settings” sections of the account.
As an Employer, your account is for business use and not for personal use. The Company is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for The Company account, you agree to receive mandatory email updates regarding account activity to your The Company account. If you attempt to send an email from a name or email address that is not true, accurate, current, or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms. Employers may request that The Company disable an account at any time by contacting the Employer Help Center. Please note that The Company may be required to preserve business records pertaining to that account to comply with its obligations under law. Alternatively, if an Employer agent wishes to access or delete the Personal Data held by The Company, they should follow the steps listed in the “Your Personal Data rights” section of this Privacy Policy.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admins”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, such as accessing account data, including candidate Personal Data, contained in the account of the user who initiated the invite, or purchasing services from The Company under such account. If you are an Admin adding a user to a Role or several Roles, you represent to The Company that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless The Company from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs, and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, such as communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using an account, any users with access to certain Roles may also have the ability to purchase The Company products under your account, and you agree that you are responsible for the payment of all such purchases made. If you accept another user’s invitation to link your Employer account to their Employer account, you acknowledge that any and all information about your activity in your Employer account, such as the actions you take and when you take them, will be visible to all linked users. Linked Account users will not be able to see your activity, such as your job searches, applications, or preferences or your Company Profile information, contained in your Job Seeker account. You may visit your account settings at any time to unlink your account. The Admin assigned to an Employer account may also unlink any user from that Employer account at any time and may be notified if your Linked Account is used to log in from too many devices.
If your The Company employer account has a credit card or other payment method on file, such as bank account information for Automatic Clearing House (“ACH”) payment, The Company may charge that payment method for any products or services you order and for any outstanding payments, including to correct billing errors.
You agree that The Company may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. The Company cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that The Company bears no responsibility for doing so. The Company makes no warranty regarding and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
The Company may offer suggestions, recommendations, or information to users that may support or improve their experience on The Company Site and/or Applications. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and/or the Application and any tools offered therein, including your decisions regarding your job description, the requirements for your job, compliance with applicable laws, including relevant federal, state, and local laws related to job postings, and whom you interview or hire. The Company assumes no responsibility and disclaims all liability for any actions you take based on any information provided by The Company. The Company may limit your ability to post a job, or the visibility of your job, if it does not appear to indicate a salary above minimum wage, wage transparency laws, or does not comply with other applicable laws; however The Company is not responsible for, and you are solely responsible for, compliance with minimum wage, local language and other legal requirements.
If you are The Company agency partner, you may be eligible to participate in The Company partnership program. Agency partners in this program may attain the rank of “Gold”, “Silver”, or “Bronze” based on their Company usage and engagement, measured by revenue. The Company’s determination of an agency’s rank is made at The Company’s full discretion and may be revoked at any time.
2. Employer Services Including The Company Apply and Screener Questions
You also agree that, as a service to Job Seekers, The Company may activate its The Company Apply relay function for use in connection with your Job Listings, that any Job Seeker may indicate interest in Job Listings through The Company Apply, and that The Company will send applications to the email address you provide. You also agree that The Company may activate a chatbot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use The Company candidate management tools, including but not limited to your Employer Dashboard, or by activating The Company Apply relay function for your Job Listings, you acknowledge and agree that The Company may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that if you use such candidate management tools, The Company may assemble the candidate’s application materials, resume, answers to screener questions, assessment responses, and other information the candidate provides to The Company into one document or webpage. You further agree that The Company is not responsible for maintaining or storing such application materials and that you are responsible for your own compliance with any applicable record retention, reporting requirements, or other applicable law. By using these tools you consent to any information shared through The Company being processed and analyzed by The Company according to this Agreement and The Company’s Privacy Policy. The Company may store such information regardless of whether a job vacancy has been filled. Candidate Summaries may be provided by The Company for certain Job Seekers on the Candidate Details page. These Summaries are populated with information from the Job Seeker and information provided by you in the Job Description. Candidate Summaries are not a recommendation for employment. Employers agree to review the full application and not to use such summaries as the basis for employment decisions. In a Candidate Summary or other product or service on the Site and/or the Application, you may see verification of a Job Seeker’s skills, certifications, or other qualifications. The Company does not guarantee the accuracy of such verifications or information, and you are solely responsible for verifying information on the Site and/or the Application.
Whether you are using the Site and/or the Application directly or any ATS you are responsible for the contents of your emails, application form, screener questions or their format, criteria you set for inviting candidates to interview, Company Pages that you create, update, or manage, any Job Listings that you post, and any messages that you send through The Company Apply or otherwise, and agree that The Company is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that you are solely responsible for compliance with applicable law for all content on the Site and/or the Application, including minimum wage requirements, wage transparency laws, or any other law. If you include voluntary self-identification questions for Job Seekers along with your application materials, you are solely responsible for compliance with applicable laws related to such questions, including the content and format of the questions and your use of the Job Seekers’ responses. You are solely responsible for compliance with all applicable regulatory requirements related to collecting and reporting demographic information about applicants.
If you close or change any Job Listings that you post, you agree to promptly update such Job Listings on The Company or otherwise notify The Company. The Company may provide you with a mechanism for responding to requests for accommodations from Job Seekers. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request accommodation from Job Seekers.
You agree that The Company may reject or remove any Job Listing or any questions for Job Seekers for any or no reason. For example, The Company may remove any Job Listing or question that directly or indirectly discriminates against Job Seekers. Direct discrimination means, for example, that a Job Listing, requirement, or question specifically makes clear that only Job Seekers matching certain criteria are wanted, thereby excluding others because of, for example, their gender, race, age, or disability. Indirect discrimination means, for example, that a Job Listing, requirement, or question implicitly excludes certain classes of Job Seekers by making it impossible for them to qualify for the job requirements. You understand and agree that it is your responsibility to refrain from posting any Job Listing, requirement, or question that directly or indirectly discriminates against Job Seekers or otherwise violates applicable law. You understand and agree that you are responsible for ensuring that your Job Listing requirements and criteria are job-related and in compliance with applicable law. The Company does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.
In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, such as an offer letter, to a Job Seeker through The Company’s relay functions, do not use The Company relay functions and please contact the Job Seeker via another method. When using The Company Apply function, The Company will attempt to send applications to the contact information provided to The Company by you, however, The Company has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify The Company for any damages resulting therefrom.
Should you post any Job Listings for Job Seekers in any country (including but not limited to Japan) where the cross-border transfer of personal data is regulated (such as requiring user consent), you warrant and agree that you will not cause or allow a cross-border transfer of personal data from The Company to you that violates or is contrary to the applicable data protection laws. For example, you will take such actions to ensure that any resultant job applications and other personal data are sent or directed to your designated contact information (including an Applicant Tracking System (ATS) or other service provider selected by you) either through The Company Apply or other relay functions shall be accessed or received by you at your business location in such country.
When Job Seekers apply or RSVP to your Job Listing, The Company may give them the opportunity to provide certain demographic information to The Company, such as race and ethnicity, gender, age, LGBTQ+ community membership, and disability status, as well as whether they have an arrest or conviction record (“demographic data”). The Company demographic data survey is separate from any voluntary self-identification questions provided by Employers. By using the Program, you agree that The Company may collect demographic data from Job Seekers applying to your Job Listing using The Company’s demographic survey and that The Company may use information from that survey to evaluate and improve our products. You further agree that you as an Employer have no ability, right, or entitlement to view or access demographic data collected via The Company demographic data survey pertaining to any Job Seeker or related to any employer by any means including civil discovery, subpoena, or any other legal process without their permission. You agree you are solely responsible for complying with all applicable nondiscrimination laws. The Company disclaims any warranty regarding the demographic composition of Job Seekers applying to any particular job.
When you use The Company Apply for your Job Listings, you acknowledge and agree that The Company may add functions to the corresponding The Company Apply emails. In addition, The Company may, on your behalf, send out reminder emails to Job Seekers you wish to interview. The Company may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct The Company to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such an option, such candidates will receive rejection notices and will be set to reject in your candidate dashboard. You further acknowledge that The Company has no discretion in the transmission or storage of these or all other rejection notifications (which are purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use The Company’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected.” If you choose such an option, you acknowledge that The Company has no discretion in the transmission or storage of rejection notices.
Similarly, you may be given the option to use candidate management tools that schedule interviews on your behalf with Job Seekers who meet the criteria you have selected. If you choose such an option, Job Seekers will be scheduled for interviews and invited to interviews on your behalf via email based on whether information the Job Seeker has provided to The Company (e.g., answers to screener questions, resume, The Company Assessment Responses) matches criteria you have set. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You are responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any similar law. You further agree that The Company has no discretion in the transmission or storage of these interview invitations (which are purely mechanical), that transmission or storage is not guaranteed, and that the information the Job Seeker provided to The Company may not be accurate. The Company may request that Job Seekers confirm their interest in the position before scheduling an interview. It is ultimately the Employer’s responsibility to confirm whether any interviews were scheduled or to reschedule or cancel interviews if necessary. The decision of who to interview is decided solely by the Employer, who can choose to interview any Job Seeker at any time, and by scheduling such interviews, The Company does not warrant that a Job Seeker is qualified, meets the criteria the Employer has set, or that the information provided by the Job Seeker to The Company is accurate. The Company candidate management tools are intended to allow Employers to more efficiently connect with Job Seekers as they determine, and the sole responsibility for the content of any screener question, any decision to proceed or not proceed with interview or offers, any issues arising from an acceptance or denial of employment, and any other issues arising from the use of candidate management tools is solely with the Employer. By using this and other candidate management tools, you acknowledge and agree that The Company is not procuring employees for Employers or procuring opportunities to work for Job Seekers, and that The Company does not act as your employment agency by offering these candidate management tools.
You agree that The Company may take action to try to identify and reduce spam applications, including by imposing a cover letter requirement for applicants. You agree that The Company may also ask Job Seekers whether they can reliably commute to the work site if you require in-person attendance. The Company may also highlight to Job Seeker qualifications required for your position in order to help the Job Seekers assess whether to apply for your role. The Company does not verify the identity of any Job Seekers who apply to your job listing, nor does The Company know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that The Company Apply and The Company’s relay functions are presented to you without warranty and The Company assumes no responsibility for the communications between you and the Job Seeker, which communications are your and the Job Seekers’ sole responsibility.
By using any automated phone screen product, you agree that you are requesting The Company to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by The Company. You also agree that you are only asking The Company to record the Job Seeker’s answers to your screening questions and that The Company will forward you the recording of the answers to your questions. You consent to The Company listening to and analyzing the recording in accordance with The Company’s Privacy Policy, as well as to The Company providing the recording to third parties to aid in the analysis or quality of the product. The Company disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.
You shall indemnify, defend, and hold harmless The Company, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing, application materials, voluntary self-identification questions, or screener questions (or answers thereto) posted by you, or any message sent by you. The Company may make Job Ad analytics data available on a Company Page or elsewhere on the Site and/or the Application and may provide analytics data regarding your Employer account to anyone at your company at The Company’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any The Company product, The Company reserves the right to suspend or terminate your use of that The Company product as well as any other The Company product as set out in the IO for that product, including but not limited to those The Company products where you do not have an unpaid invoice or account balance. The Company may elect to apply (i) penalties for late payment as per the maximum interest permitted by law and (ii) any reasonable expenses and attorney fees The Company incurs collecting such late payments.
When you view, send, take action on, make a decision regarding, store, or receive materials (including Job Listings, resumes, applications, pre-recorded interviews, and messages) through or using the Site and/or the Application or any Applicant Tracking System (“ATS”), The Company may, for any purpose, use any data of such materials or action for data analysis, quality control, or to refine the Site and/or the Application or any other The Company product or service (including to provide better search results and other Job Listings for Job Seekers and Employers), whether via automated means or otherwise. The Company may also inform the Job Seeker of your actions or activity related to such materials through or using the Site and/or the Application or any ATS. For example, The Company may notify the Job Seeker about your activity or action related to a Job Ad (such as pausing or closing it), or the Job Seeker’s application or Resume (for example, that you viewed or responded to it, or that you made a decision with respect to it). The Company may inform Job Seekers about activities you take on the Site and/or the Application, for example, whether you are online, recently active, or active on The Company. You hereby consent to The Company informing the Job Seeker about such actions and activities.
The Company, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on The Company”. Employers may also request that The Company add such labels. The Company shall determine the method by which such labels or badges are added or which Employers qualify. The lack of a label or badge may indicate that The Company does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and The Company does not guarantee the accuracy of such data. The Company does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads based on employer-provided data, including data on Job Ads. The Company reserves the right to change or remove such label or badge features at any time and in The Company’s sole discretion.
If you access or use any of The Company Application Programming Interface (API), including accessing and using the Site and/or the Application or any of The Company Apps or any Applicant Tracking System (ATS) through an API, you agree to be bound by this Agreement, The Company API Terms, The Company Privacy Policy, the Site and/or the Application Rules, and any additional rules and policies made available by The Company. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT The Company DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY The Company API. It is your responsibility to regularly review any The Company App or the Site and/or the Application for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about The Company’s products and services. By using an API, rather than directly using the Site and/or the Application or The Company App, you agree to all information provided on the Site and/or the Application or The Company App. Use of an Application or ATS via an API, rather than direct use of the Site and/or the Application or The Company App, shall not excuse any lack of information or understanding about The Company’s products and services where that information is otherwise provided on the Site and/or the Application or The Company App.
Your use of a third-party developer to build an integration with an ATS: Should you appoint or otherwise utilize a third-party developer to develop an integration with an ATS, you shall ensure that you and the third-party developer comply with all applicable Data Protection laws (including, inter alia, the execution of data processing agreements) in the development of the ATS integration. When you use The Company API through a third-party developer to develop an integration with an ATS you shall be fully liable for the actions/omissions of the third-party developer and the ATS you choose to use. You shall also ensure that all personal data (including disposition data) transferred to The Company via the integration takes place in compliance with applicable Data Protection laws, for example, obtaining consents from and providing notices to data subjects (as applicable) as well as implementing relevant agreements where required by such laws. You shall indemnify and hold harmless The Company against any claim or actions brought by a data subject arising from or related to Your use of the API and/or your use of a third-party developer and their use of the API.
You acknowledge that as part of its efforts to combat fraud and spam, The Company may require that users verify their email address, including Job Seekers applying to your job. However, email verification is not guaranteed. You are responsible for your use of any software that rejects applications from unverified email addresses.
You further acknowledge that compliance with any governmental record-keeping requirements, such as the Office of Federal Contract Compliance Programs (OFCCP) internet applicant record-keeping rule, is your sole responsibility.
3. Job Match
Job matches are recommendations that may be presented to both you as an Employer and to Job Seekers in various formats on the Site and/or the Application. For example, The Company may recommend Resumes that match Job Ads you have posted, or recommend Job Ads to Job Seekers that are similar to jobs to which they have recently applied. Job matching is provided to you on a beta basis and is subject to our Beta Program (see section 9 of the Terms of Service for All Users).
To generate matches, The Company uses data collected through our Site and/or Application from both Employers and Job Seekers. This includes Job Ads, Resumes, application materials (including responses to screener questions), Company Assessments, and user activity on The Company (such as searches run and Job Ads clicked on and applied to). You agree and consent that The Company may use this information to present potential matches to you and to potential Job Seekers.
4. Salary, Applies or Other Information Provided by The Company
The Company may provide some information and content to users for informational purposes only. For example, The Company may provide Job Seekers with data regarding estimated salaries for a given Job Listing, the number of applicants to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applications to your Job Listing. All such figures provided by The Company are estimates given for informational purposes only, may come from a third party, and are subject to change or varying levels of accuracy. If you are participating in The Company Ads Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on The Company’s determination of Apply count as reflected in your employer dashboard and not based on the number of applies that may be provided to Job Seekers for informational purposes only. The Company may add labels or badges to Job Ads – such as pay types, specialties, benefits, or union associations – based on data contained within the job description. These are for informational purposes only and The Company does not guarantee the accuracy of any label or badge. The Company may also include salary estimations on pages other than Job Listings on the Site and/or the Application.
Please note that all salary figures are approximations based upon multiple third party submissions to The Company, including from The Company affiliates. These figures are given to The Company users for the purpose of generalized comparison only. The Company may also provide data regarding impressions in relation to your Job Ad. Such figures are provided for informational purposes only, are subject to change at any time, and The Company does not guarantee their accuracy. The Company reserves the right to change the method of measuring such figures at any time.
The Company may offer job post templates for informational purposes only. By using any of this content, you adopt it as your own and are responsible for making it true, appropriate, and compliant with all applicable laws. All content provided by The Company, including template job post information and estimated applications for a given job posting, is for informational purposes only, may comprise or be based on information provided by third parties, is provided without warranty, and is subject to change and varying levels of accuracy. Estimated applications are not a guarantee of future performance.
5. Screening Tools
The Company may make available to you screening tools for your use for candidates who apply to your job, including screener questions, phone screen tools, and assessments. The Company is licensing these tools to you for your use as you determine. By using any screening product, made available to you by The Company, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you and are not being asked by The Company. You agree you are solely responsible for the use of such screening tools in compliance with the law, such as the Fair Credit Reporting Act and similar state statutes; applicable employment, equality, or anti-discrimination laws such as Title VII of the Civil Rights Act of 1964, as amended, the Age Discrimination in Employment Act, the Americans with Disabilities Act, and other similar federal, state, and local laws; and any applicable data protection or privacy laws, or laws regulating the use of “automated employment decision tools”. You agree that an Assessment is only designed to evaluate a particular knowledge, skill, or ability. It does not evaluate a Job Seeker’s qualification for any job nor their ability to safely perform a job. Whether a particular skill is relevant to a job, or whether a Job Seeker is qualified or appropriate for a job, is decided solely by you. You agree to use an Assessment in combination with other selection and hiring processes to measure only those knowledge, skills or abilities, and/or other characteristics that are 1) job-related and 2) required for a candidate’s first day on the job. You are responsible for ensuring that your selection criteria are job-related, that you do not pose “disability-related inquiries” or medical inquiries in violation of the law, and that you do not screen out people with disabilities or members of any protected category under the law. You further acknowledge that you are responsible for offering alternative methods of screening if so required by the Americans with Disabilities Act or any similar law. You are responsible for clearly indicating that reasonable accommodations are available, engaging with and responding to any requests for accommodation, and providing information about how to request accommodation for Job Seekers. The Company shall direct Job Seekers who reach out to The Company with an accommodation request to you via the contact information you provided to The Company, and you are responsible for monitoring your inbox for such requests. While The Company is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, each disability is unique and The Company does not warrant compliance with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify The Company for any and all claims arising out of your use of a screening tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar law, or that your use of any screening tool results in a “disparate impact.”
The Company may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing The Company to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on The Company. Any interactions you have directly with a Job Seeker and not through a tool provided by The Company (for example, calling or emailing a Job Seeker directly instead of through The Company Relay Service) are not visible to The Company, and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by The Company to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist, candidates with whom you do not interact within your chosen time frame will receive rejection notices, and you agree to indemnify The Company from any claims arising therefrom. You further agree that The Company may notify Job Seekers about the estimated time frame during which they may expect to hear back from you based on the time frame you choose in Employer Assist.
The Company may offer functionality that groups candidates based on whether they meet or may meet Employers’ criteria, based on text in their resumes or answers to screener questions, and we offer Employers the ability to automatically schedule calls with applicants who meet their criteria as well. In all cases, Employers can view any applicant at any time, and The Company makes no decisions about any applicant. You agree that such functionality does not constitute or contribute to a decision, and is not a substitute for human discretion and review. You agree not to use such functionality as the sole factor, as a factor weighted more than other factors, or to modify or overrule conclusions derived from other factors, in your decision-making or hiring processes.
6. Communication through The Company
You may receive messages, emails, or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site and/or the Application, The Company Apply, The Company Chat, or any other communications service, product, or feature provided on or through the Site and/or the Application. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through The Company. The Company disclaims all warranties with regard to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
The Company may mask or hide contact information, such as phone numbers and email addresses, and substitute it with an alias. For example, The Company may mask Job Seeker contact information from resumes or applications. The Company may also mask your email address or phone number, and Job Seekers may see an alias email address or phone number when they communicate with you. You agree to a Job Seeker contacting you from a masked phone number or email. If you contact a Job Seeker from a masked phone number and you do not leave your contact information, after the masked number expires, the Job Seeker may not be able to contact you by phone unless you have provided your actual contact information to them. Once a Job Seeker has your contact info, you agree that The Company is not responsible or liable for the manner in which they may use the info.
Sending messages to The Company aliased email addresses and use of The Company Messages on or through the Site and/or the Application shall be limited to the purpose of hiring for your Job Listing. The Company may group messages together as part of a conversation on The Company Messages. This is done as a courtesy, and some messages related to the same conversation may not be grouped together. When communicating with a Job Seeker through The Company, the Employer sender’s information may be displayed in different ways, for example, it may be displayed as the Employer’s company name or the name of the specific person sending the message, but you or the Job Seeker may not see all that info in all circumstances.
The Company’s messaging system is not intended for sending one message to multiple people. You agree to not use The Company’s messaging services to send bulk messages unless specifically authorized in The Company interface. You agree to not circumvent this limitation by using your email client for this purpose, for example by sending email messages through your email client (e.g. your Gmail or third-party email provider) to multiple The Company aliased email addresses. You agree that any email that you address to more than one Job Seeker on the To, CC, or BCC line is separated into different emails and conversations by Job Seeker; you will see Job Seeker responses in their own email threads and their own conversations on The Company Messages. If a user sends an email to multiple recipients (e.g. by adding additional aliased email addresses to the cc field in a third-party email client), this may affect the way messages on The Company are displayed. In this case, it is best to view the email conversation with the third-party email client. Should you choose to send an email from a third-party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias.
If you, or anyone on your behalf, send or receive communication on or through the Site and/or the Application (including by sending or receiving text messages, sending or receiving communication to/from an email address aliased by The Company and/or by using a different email address from the one associated with your account), you agree to the communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Site and/or the Applications’ rules and other The Company policies, content moderation, and to improve the Site and/or the Application or any other The Company product or service. If you disagree with any part of these terms, do not use the Site and/or the Application.
Specifically, if you post a Job Listing directly on The Company, applications are sent only to your The Company dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your The Company dashboard. The Company reserves the right to turn on or enable chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that chat or other communication options are available for a particular job or Employer. For example, you may be eligible to enable pre-apply chat to certain Job Listings. To remain eligible for pre-apply chat, you must respond to Job Seeker communication in the amount of time identified on the Site and/or the Application. The Company may, in its sole discretion, turn off or disable chat for any Employer or Job Seeker at any time without prior notice.
The Company may enable text messaging relay and/or call relay services through our Site and/or Application to help facilitate contact between Employers and Job Seekers about a Job Listing. You understand that communicating through such relay services on or through the Site and/or the Application shall be limited to the purpose of hiring for your Job Listing. The Company may, in its sole discretion, turn off or disable text messaging relay and/or call relay services for any Employer or Job Seeker at any time without prior notice and for any or no reason. Please note that since these text messaging relay and call relay services depend on the functionality of third-party providers, there may be technical delays on the part of those providers. We also cannot vouch for the technical capabilities of any third parties to send or receive such text messages or calls. You agree that The Company is not responsible or liable for the content of any text message and/or call from you or Job Seekers. You further agree that The Company is not responsible or liable for the manner in which you or Job Seekers use text messaging relay and/or call relay services.
If you use Text to Apply, you agree that you are requesting that The Company respond to Job Seeker text messages sent through Text to Apply, on your behalf. When a person texts the assigned Keyword to the phone number provided, The Company shall respond with a text message containing a link to the sponsored Job Ads that you have associated with Text to Apply. You acknowledge and agree that only sponsored Job Ads may be displayed and that the use of Text to Apply or Scan to Apply is a benefit to sponsoring Job Ads. The Company may, in its sole discretion and without prior notice, (i) suspend or terminate your use of your Keyword and require you to choose an alternative Keyword or (ii) terminate your use of and access to Text to Apply and Scan to Apply. The Company may do so for any or no reason, including for the following reasons: (i) if you choose a Keyword that infringes third-party intellectual property rights, (ii) if The Company is notified of any violations of our SMS provider’s terms of service or (iii) if a Sign violates any of The Company’s terms. When promoting Text to Apply or Scan to Apply, please note that Job Seekers will need to have or create an employer account to complete any application. A disclaimer noting this requirement should be included in any signage promoting Text to Apply or Scan to Apply.
You agree that you are solely responsible for the Sign placement and all Sign content including any text, QR code, or design elements. Furthermore, you acknowledge and represent that your Sign and its contents do not infringe any third-party rights (including copyright or trademark) or contradict any obligations you may have under an existing contract with a third party. You agree to remove or update any Sign upon The Company’s request. By using the Company name, trademarks, or logos (“The Company Marks”) in connection with any Sign or marketing materials, you agree to The Company Scan/Text to Apply License Terms. All uses of the Company Marks shall be subject to the Company Trademark Usage Guidelines as may be provided to you from time to time. The Sign and any text messages that a Job Seeker sends constitute User Content and shall be treated in accordance with any User Content sections herein.
You may cancel the Text to Apply or Scan to Apply service at any time. To do so, remove any Signs and inform your Company Sales or Customer Success Representative. It may take a few days to process your request, and you agree that during that time persons who send Keywords to the designated phone number may continue to receive text messages. You understand that any Keywords, phone numbers, or QR codes associated with your account may no longer be available to you upon cancellation. You agree that The Company is not responsible for connecting you with Job Seekers via Text to Apply or Scan to Apply once you cancel those services.
7. Virtual Communications
The Company may offer you the option to manage virtual and remote communications with Job Seekers within The Company products, including but not limited to, The Company Interview, The Company Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, pre-recorded videos, pre-recorded audios, and other collaborative services offered by third-party telecommunications service providers. You understand that The Company is not a telecommunications service provider. The Company disclaims all warranties with regard to the transmission of virtual communications. The Company does not guarantee (1) the availability of such services at the time You attempt to initiate them (2) the quality of such services, or (3) the dates or times you’ve arranged with Job Seekers for your Virtual Interview. Further, The Company does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.
You are solely responsible for offering alternative methods of communicating or interviewing individuals with disabilities if so required by the Americans with Disabilities Act or any similar law.
YOU UNDERSTAND AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, The Company IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. The Company ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH THE USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT The Company DOES NOT ASSUME ANY RESPONSIBILITY FOR THE AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS.
YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT The Company DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.
Upon your request, The Company may extend invitations to additional representatives at your company to join Virtual Interviews. You understand and agree that The Company will extend such invitations on your behalf based on the email addresses you provide for those representatives but The Company is not responsible for inaccuracies in the contact information you provide. Further, The Company is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to The Company’s Terms, and by extending invitations to your representatives, you are binding them to The Company’s Terms.
You understand that The Company is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. The Company is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.
Recording Virtual Interviews: As an Employer, you may be presented with an option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to The Company that you have secured all necessary consent and will comply with all applicable laws, including state and federal law regarding consent to record interviews and phone calls. By choosing to record Virtual Interviews through The Company, you agree that third-party providers and The Company can store and access the recording. However, you agree that The Company is not obligated to store or retain any recording of a Virtual Interview. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD The Company HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.
Virtual Evaluations: You shall only use the recordings and other information obtained through Virtual Evaluations for your internal hiring purposes. You shall not use Virtual Evaluations for any illegal, discriminatory, or fraudulent purpose. As part of Virtual Evaluations, you will submit or approve interview questions which The Company will share with candidates. You agree that the interview questions are part of your application process and determined solely by you. The Company may provide you with the ability to directly invite candidates to participate in Virtual Evaluations or you may instruct The Company to automatically invite candidates who meet your selection criteria, for example, all candidates who submit an application through The Company. You acknowledge and agree that you are solely responsible for your use of Virtual Evaluations, including how you decide which candidates shall be invited to participate in Virtual Evaluations, who you decide to contact after the Virtual Evaluations have been completed, and any employment-related decisions that you make. The Company does not act as your employment agency by offering you the Virtual Evaluations service. A candidate’s Virtual Evaluation video will only be deemed complete and submitted to you when the candidate approves the submission through the Virtual Evaluations tool. The Company reserves the right to not submit a candidate’s response if a candidate or Employer uses the tool in an abusive manner, which shall be determined in The Company’s sole discretion. You agree that The Company is not responsible for maintaining or storing any candidate submissions through Virtual Evaluations and that you are responsible for your own compliance with any applicable record retention requirements. You acknowledge and agree that the video recordings and transcripts associated with Virtual Evaluations will only be retained for a period of one year from the date that the recording is completed by the Job Seeker (“One Year Period”). After the relevant one-year period, the video recording and transcript will be permanently deleted and you will no longer be able to view or access them. You acknowledge that the Virtual Evaluations video recordings contain personal and confidential information, and you confirm that those you’re sharing the Virtual Evaluations video link with have permission to view the recording. The term User Content as defined in these Terms of Service shall include the content of the interview questions, as well as the content of the Virtual Evaluations video recordings, transcripts, and any other information that you or a Job Seeker sends through Virtual Evaluations.
8. Company Pages, Enhanced Profiles, Employer Branding Hub
When you post a Job Ad directly on The Company, The Company and/or Glassdoor may automatically generate you a Company Page and/or a Glassdoor Profile Page. You understand that The Company may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize The Company to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” (or similar wording) and allows you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals who may not be affiliated with the Company identified on the Company Page. Additionally, The Company may include all of your Job Ads posted on the Site and/or the Application on your Company Page, including those posted directly on The Company as well as those indexed by The Company from other sources. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page.
The Company may offer The Company Company Pages Premium (“CMPP”) and Glassdoor Enhanced Profile (“EP”) (collectively, “Employer Branding Hub”), which include features accessible only on a subscription basis and may be charged as indicated in insertion order (“IO”). An IO is a separate agreement between you and The Company that incorporates these Terms. The Company reserves the right to change or remove CMPP or Employer Branding Hub features at any time, at The Company’s sole discretion. Employer Branding Hub features may include analytics, insights, or other figures, which The Company does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. Use of EP and analytics and review analysis provided by Glassdoor are subject to the Glassdoor Terms of Use, except to the extent of any conflict with these The Company Terms of Service for Employers, in which case these The Company Terms of Service for Employers will govern. The Company is a reseller of Glassdoor products and services, and all invoice and payment processing for such products and services shall be undertaken by The Company and subject to The Company’s Privacy Policy.
Please note that The Company and Glassdoor host User Content submitted by our users. User Content includes salaries, company reviews, interview reviews, company photos, answers to Q&A questions on Company Pages or Employer Branding Hub, and other materials and content provided by users to The Company and Glassdoor. We moderate User Content using the same standard of review for all employers and do not provide preferential treatment for our customers. You understand and agree that our application of User Content moderation policies, and our decision of whether or not to remove a piece of User Content, is within our sole discretion and cannot form the basis of a violation of this Agreement.
You may cancel your participation in CMPP, EP, or Employer Branding Hub at any time by notifying The Company. Such cancellation is generally effective at the beginning of the next calendar month; if you have prepaid for an annual subscription then cancellation is effective immediately and The Company will provide a prorated refund of the unused subscription term, which may include any discounts as applicable. Except as otherwise indicated on your IO, annual subscriptions will not automatically renew and need to be renewed each year through an IO. If you purchase an EBH annual subscription that automatically renews, you acknowledge and agree that your subscription will automatically renew and The Company will charge you on a recurring basis until you cancel your subscription and such cancellation goes into effect, which may not be until the next billing cycle. To cancel your EBH annual subscription auto-renewal without incurring any charges, email your sales representative and renewals@glassdoor.com no later than 30 days prior to your renewal date. You are responsible for all taxes as applicable and appropriate.
The Company may offer some Employers the opportunity to be displayed more prominently, or in an enhanced way, on the Site and/or the Application (“Featured Employer”). Featured Employer is awarded at The Company’s sole discretion. The ability to receive a Featured Employer designation, generally, is a function of the number of Ads and the amount you spend on The Company. The Featured Employer program may be changed or removed by The Company at any time, at The Company’s sole discretion and without notice.
9. HR Management Tools
The Company may make human resources management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while The Company is only providing the HR Management Tools for your and your employer’s use, and that The Company accepts no responsibility for such use. The Company does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.
10. Governing Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site and/or the Application will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of Vietnam.
You also hereby waive any right to a jury trial in connection with any dispute, action, or litigation in any way arising out of or related to your use of the Site and/or the Application or these terms of service, if you are located in the United States.
12. Class Action Waiver
By using the Site and/or the Application and in return for the services offered by The Company, you acknowledge that The Company can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and/or the Application and these services, you agree not to sue The Company as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against The Company regarding your use of the Site and/or the Application. If you do not agree to any part of these terms, do not continue your use of the Site and/or the Application. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.
13. Indemnification
You shall indemnify, defend and hold harmless The Company, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site and/or the Application or any The Company product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site and/or the Application or any The Company product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that The Company as your agent violated any such laws); (e) your violation of any third-party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third-party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of The Company products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site and/or the Application or any Company product, program, or service.
14. Extended Campaign Tools
The Company may offer a service to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations, such as The Company Central or Groups (“Extended Campaign Tools”). You acknowledge and agree that using Extended Campaign Tools involves sharing a franchisee’s account information with the franchisor or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your Job Ads (content, clicks, impressions, etc.), your contact information, and your spending levels. The franchisor or corporate headquarters may request that The Company contact its franchisees or local offices, respectively, by providing The Company with contact information, and may provide the content of Job Ads to The Company for use in connection with Extended Campaign Tools. By using Extended Campaign Tools, you agree to this information being shared, and you represent and warrant that i) all information you provide to The Company is accurate, and ii) you have all necessary rights and authorization to provide such information to The Company and to permit The Company to share it in connection with Extended Campaign Tools. You may request that The Company grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, The Company will contact the users based on the information you provide (name, email address, and job title) and that The Company is not responsible for verifying the users prior to the completion of such requests.
15. Candidate Import
The Company may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to The Company and to interact with these individuals and direct The Company to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information you provide or otherwise make available to The Company through our Candidate Import service includes Client Personal Data (as defined below), you instruct The Company to process such information on your behalf pursuant to this Agreement and applicable Privacy Policy; Client Personal Data and The Company as used in this Section shall have the meanings given to them in the Data Processing Addendum in this Agreement. By using Candidate Import, you instruct The Company to display information about the interactions (including Virtual Interviews which are currently scheduled or were previously conducted) between you or The Company and the job applicants within their The Company accounts, and you represent and warrant that you, and any third-party who you have authorized to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection or other relevant law for you to provide or otherwise make available Client Personal Data to The Company using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to The Company using Candidate Import has exercised any right or made any request to you that would prevent or otherwise limit your ability to share such individual’s Personal Data with The Company for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with The Company (in accordance with The Company’s Terms and Privacy Policy) and that The Company may contact them over email as part of your hiring process, including asking them to create an account with The Company. You agree to defend and indemnify The Company for any breach of the foregoing sentence. You also agree that The Company is only responsible for such Client Personal Data, in accordance with the DPA, once it is received by The Company and you are responsible for such Client Personal Data up until such receipt by The Company and thereafter with respect to your use of such Client Personal Data.
C. Terms of Service for All Users
The following terms and conditions apply to everyone who accesses or uses any part of the Site, or attempts to do so, or otherwise accepts this Agreement.
When you access or use the Site, you agree to the terms and conditions of this Agreement. You agree that The Company may perform the activities described in this Agreement, and you acknowledge that otherwise, the Site cannot work as intended. You agree not to submit or post any commercial communications to the Site. Using the Site for commercial communications is a violation of this Agreement. If you disagree with any part of this Agreement or you do not wish to authorize the activity it describes, do not use the Site. You agree you have read and acknowledge the Company's Cookie Policy and Privacy Policy. For information on the Company's compliance with the Digital Services Act, please see Section D Digital Services Act (“DSA”).
1. When You Use Our Site and/or App
By using ReVacancy, you acknowledge and agree that The Company collects, records, processes, analyzes, and stores any and all activities you take on the Site, and any and all interactions and communications you have with, on, or through the Site. This includes: which areas of the Site you visit (including URLs), which content you view, which info you input, whether and where you click, scroll, hover-over, mouseover, or otherwise interact with or communicate with or through the Site, the timing of each activity, and time spent on each activity. The Company collects this data from everyone using the Site, including users of private browsing mode, “incognito mode,” or similar modes. The Company uses vendors as an extension of the Site to collect, record, process, analyze, and store this data. You authorize The Company to use this data, User Content (defined below to encompass items such as resumes) and Algorithmic Content (defined below) to develop, train, build, and use statistical models, including artificial intelligence and machine learning models, and no compensation in any form shall be due or payable to you in connection with Company's exercise of its rights granted under this Section. You authorize The Company to make any connections with wires, lines, cables, or instruments, including with communication systems, that it may decide to make from time to time in connection with operating the Site. You acknowledge that the foregoing is necessary to the operation of the Site.
Occasionally, The Company tests improvements and updates to our Site and services, which may affect various aspects of the Site such as the ad delivery system, audience, ad performance, ad placement, profiles, resumes, resume search, job search, recommendations, alerts, or formatting. You agree that The Company may conduct such tests without notice to you. Company's services and their availability may differ by location, and you should check the Site in your location to see which services are available to you.
The Company may offer suggestions, recommendations, or information to users that may support or improve their experience on the Site. These offerings are provided as a courtesy and without warranty and are based on information provided by other users, and your use of such information is at your own risk. The Company assumes no responsibility and disclaims all liability for any decisions you make, or actions you take, using information obtained through the Site.
2. User Content
Some parts of the Site, or our APIs, allow users to post content or data such as Job Ads, resumes, reviews, information, text, images, audio, video, messages, and other materials. This functionality helps users find information and communicate about potential jobs, schools and certifications, employers, and candidates. Any data that a user or other party submits, posts, publishes, displays, or makes available on or through the Site, or otherwise provides to The Company, is called “User Content.” User Content includes Job Ads, Resumes, company reviews, school reviews, certification or license reviews, and messages sent through the Site.
The Company is not responsible for User Content, which may be inaccurate, incomplete, misleading, or deceptive. The Company does not know whether User Content is true. Any opinion, fact, advice, information, or statement in User Content is the sole responsibility of its original author, who may use anonymous identifiers. You may come into contact with content that you find harmful, offensive, threatening, indecent, or objectionable. User Content may not be reliable or suitable for use in a legal proceeding. You acknowledge that The Company has no obligation or liability with regard to publishing, monitoring, or removing User Content. The Company also has no obligation or liability regarding the accuracy of User Content which may be translated on our site through an OpenAI API, or Google Translate API.
Content Moderation: If you provide User Content, it must comply with the Site Rules (below), the Company's policies, and the Company's Terms of Service. These rules, policies, and terms include but are not limited to the following: Your User Content must not be unlawful, fraudulent, discriminatory, threatening, abusive, obscene, or otherwise objectionable, irrelevant, or unconstructive. Your User Content must not contain sexual, ethnic, or racial, or other discriminating slurs. Your User Content must not contain proprietary information, trade secrets, intellectual property of another person, or confidential information. Your User Content must not contain spam, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other commercial communication besides Job Ads under this Agreement. Your User Content must not be harmful to anyone, especially minors.
In order to be eligible for visibility on the site, job postings must offer open jobs (not training opportunities, expired positions, etc.), provide a detailed and accurate description of the role, and be free of vulgar or illicit content, in addition to meeting other criteria outlined here.
You may not post official identification information, such as a social security number, passport number, national identification number, insurance number, driver’s license number, immigration number, or any other similar number, code, or identifier. Posting such identification information on the internet may lead to identity theft for which The Company cannot be responsible.
By submitting a company review or otherwise providing information, ratings, or answers to questions about your former or current employer, you agree that such User Content may be shown publicly on or through The Company and its Site and may include your job title, job location, whether you are a current or former employee and the date on which you provided the User Content. You agree that The Company assumes no responsibility and disclaims all liability for such User Content, including for any content that you include that may personally identify you. If you do not want your User Content to be publicly visible through The Company or to personally identify you, do not provide such User Content.
The Company may monitor and screen User Content and may use it to prevent potentially illegal or tortious activities or any other activities that are detrimental to other users. In some cases, if we determine that your User Content or actions have violated our Terms or any of The Company policies or are detrimental to other users, we may place restrictions on other accounts that we suspect are affiliated or associated with you. If you believe that any User Content violates this Agreement or our policies, please contact The Company. However, detection methods are not perfect, and false positives or false negatives may occur. The Company has no obligation to monitor any particular user or User Content, and The Company makes no guarantee that any particular User Content will be removed.
The Company reserves the right to disclose all User Content, and any other relevant information and circumstances, to any third party in connection with operating the Site; to protect itself, its affiliates, its partners, and its visitors; and to comply with legal obligations or governmental requests. This means, for example, that The Company may honor subpoenas, search warrants, law enforcement, or court-mandated requests to disclose User Content you have provided. Your identity may be discoverable via such legal requests, even if you post confidentially or anonymously.
The Company is an interactive computer service, has no obligation to host or remove any particular User Content, and may exclude or remove any User Content from any part of the Site or services for any or no reason. The Company has no obligation to include any User Content in any part of the Site (for example, Job Ads in search results). Whether any User Content violates any The Company policy, whether to publish or to withdraw from publication any User Content, and whether to exclude any material that any party seeks to post on The Company, will always remain within the sole discretion of The Company. You agree that The Company has no liability or obligation to you or anyone else arising from its editorial decisions.
Section 230 of the U.S. Communications Decency Act provides:
(1) Treatment of Advertiser or speaker: No provider or user of an interactive computer service shall be treated as the Advertiser or speaker of any information provided by another information content provider.
(2) Civil liability: No provider or user of an interactive computer service shall be held liable on account of (a) any action voluntarily taken in good faith to restrict access to or availability of material that the provider or user considers being obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected; or (b) any action taken to enable or make available to information content providers or others the technical means to restrict access to material described in paragraph (1).
3. License to User Content and Feedback
When you provide User Content you grant The Company a license to use it. Specifically, you grant The Company a nonexclusive, worldwide, perpetual, (revocable only as described below), fully paid, royalty-free, transferable, sublicensable (through multiple layers of sub-licensees) right and license to make, use, sell, sublicense, reformat, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all User Content you post or submit, for the purpose of publishing material on the Company website or its Advertisers or third-party sites, maintaining or improving the Company website (including without limitation for the purposes of training a model that recommends content to other users), and promoting The Company and such User Content without restriction. No compensation in any form shall be due or payable to you in connection with the Company's exercise of its rights under the license granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, the Company's exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. The Company shall terminate this licensed use within a commercially reasonable term after User Content has been removed from the Company website. The Company reserves the right to refuse to accept, post, display, or make available any User Content at its sole discretion.
Furthermore, you grant to The Company, its affiliates, and sublicensees a license to use your name, user name, and/or trademarks and logos in connection with (i) any such User Content, (ii) any The Company marketing materials containing or incorporating such User Content, or (iii) any actions by The Company to promote or publicize such User Content (e.g. Job Listings), such as the use of keywords in third-party internet search engines. To any extent that such User Content contains your name, likeness, voice, or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from the Company's exercise of its rights pursuant to the license granted hereunder.
You represent and warrant that: (i) you own the User Content that you provide, or that you have the right to grant this license, (ii) your User Content, and Company's use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your User Content will not result in any breach of contract between you and any third-party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such User Content. You agree to defend, indemnify, and hold harmless The Company and its affiliates from any claims resulting from any such User Content. If you wish to request to revoke the license granted by you in this Section for any such User Content, please send a certified letter of request to the postal address listed above with a copy of your passport or national identity card (for identity verification purposes) and request removal of such User Content. Your certified letter of request must include (a) the signature of the applicable rights holder for such User Content or a person authorized to act on behalf of the rights holder; (b) identification of the User Content for which the license is to be revoked, and information reasonably sufficient to allow The Company to locate and remove such User Content on the Site; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorized by the rights holder to revoke the license for the designated User Content; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorized to act on behalf of the rights holder with respect to such User Content.
At your discretion, you may provide feedback or opinions about The Company or the Site, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). The Company is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone. If you provide Feedback to The Company, you hereby grant to The Company a nonexclusive, worldwide, perpetual, irrevocable, royalty-free, sublicensable (through multiple layers of sublicensees) right and license to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. The Company may disclose any or all Feedback to any third party in any manner and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to The Company, developed by its employees, or obtained from sources other than you.
4. Site and App Rules
When using our Site and services, you agree to these Site Rules and any other rules or policies posted on the Site. Breaking our rules is a material breach of this Agreement and an unauthorized use of the Site.
Do not directly or indirectly:
Access the Site or App other than through the web or app interface publicly provided by The Company, or otherwise access systems without express authorization.
Provide any false, fake, or fictitious information.
Provide any code or data with the intent or effect of damaging, disrupting, disabling, harming, impairing, interfering with, intercepting, expropriating, or otherwise impeding, the Site or any data, program, system, equipment, or communication, or that would cause a violation of any applicable law.
Access any data, especially personal data, without permission.
Bypass any limitations or suspensions of functionality.
Interfere with others’ use of the Site.
Modify, adapt, translate, reformat, resell, frame, or reverse engineer any portion of the Site.
Remove any copyright, trademark, or other proprietary rights notices.
You may not use the Site to:
Harm anyone or violate the rights of anyone, including the right of publicity, right of privacy, or intellectual property rights.
Provide false information.
Transmit or store biometric information or biometric identifiers.
Promote or encourage illegal activity.
Promote pyramid schemes, multi-level marketing (MLM) programs, jobs that require payment to start, or any topics we consider detrimental to our users.
Send unsolicited commercial messages or any other unlawful communications.
Imitate or impersonate another person, or create false accounts.
Send messages to users who have asked not to be contacted.
Send text messages or make calls for a purpose not related to hiring for or applying to a Job Listing.
Sell personal data.
We reserve the right to monitor all activity on the Site and to not pass on or deliver any message or communication that may be malicious, spam, fraudulent, or unwanted, or for any other reason. This includes attachments of any type, scripts, macros, or any other form of code. You agree the determination of what constitutes spam is in the Company's sole discretion. The Company may use data collected through the Site to make such a determination. The Company reserves the right to interact with users through the Site, including to investigate whether users are violating these Rules. The Company reserves the right to turn over any information gathered via such investigations to law enforcement or other third parties.
You may not use or misappropriate the Site for your own commercial gain. You may not crawl, scrape, data mine, extract data from, reproduce, duplicate, copy, sell, exploit, trade, or resell any part of the Site, except as expressly permitted by The Company beforehand, in writing. You may not use any automated system or software, whether operated by a third party or otherwise, to violate any of the Company's rules. You agree to comply with all applicable laws and regulations, including U.S. or other export and re-export control laws and regulations, copyright laws, and other laws regarding intellectual property. You represent, warrant, and covenant that you are not (a) located in, or a resident or a national of, any country subject to a U.S. government embargo, sanctions, or other restriction, or that has been designated by the U.S. government as a “terrorist supporting” country; (b) on any of the Restricted Lists below; or (c) the subject of sanctions consistent with U.S. law imposed by the government of the country where you are using The Company.
“Restricted Lists” means: (a) Bureau of Industry and Security, U.S. Department of Commerce, Denied Persons List; (b) Bureau of Industry and Security, U.S. Department of Commerce, Unverified List; (c) Defense Trade Controls – List of Debarred Parties; and (d) Specially Designated Nationals, Terrorists, Narcotics Traffickers, Blocked Persons and Vessels List; or (e) Bureau of Industry and Security, Department of Commerce, The Entity List.
5. Accessing External Sites
The Site links to other sites on the internet that are owned and operated by third parties (“External Sites”), for example, Employer websites, Applicant Tracking Systems, or promotional websites. Links to External Sites may be found in User Content available through The Company (for example, Resumes or Job Ads). The Company is not responsible or liable for any External Site, including availability or content. Links to External Sites may be removed at any time. Any concerns regarding an External Site should be directed to the responsible third party.
The Company has no control over what happens on External Sites. If you visit an External Site and complete a transaction outside The Company, you are entering into an agreement with a third party, alone and at your own risk. You are giving the third party your data directly, and your rights and obligations are determined by its privacy policies and terms of service. The Company disclaims all liability from anything that may occur when you utilize or transact with such third parties. We are additionally not responsible for any payment that may be asked of you by such a third party.
The Company may provide you with access to a link on The Company to services or products offered and performed by a third party (“Third-Party Service”). For example, this service may be offered in the form of permitting a Jobseeker to request their own background check or permitting an Employer to request a background check of a Jobseeker. The Company operates solely as a technical conduit, allowing the transmission of background checks sent by a background check Third-Party Service to you. Please note (and you acknowledge) that The Company cannot and does not assemble, access, view, analyze, manipulate, alter, evaluate, or store the background check reports provided by any background check Third-Party Service to you or to any other The Company user.
If you choose to use the third-party link and its services or products, you are contracting directly with the Third-Party Service, and The Company is not a party to this contract. Further, you agree to fully indemnify and defend The Company for any claims arising out of your use of a Third-Party Service’s services or product provided to you by a Third-Party Service.
The Site may include information provided by third-party APIs, which is subject to additional terms and conditions imposed by those third parties. For example, the Site may include Google Maps features and content, which is subject to the current versions of: (1) the Google Maps/Google Earth Additional Terms of Service; and (2) the Google Privacy Policy. Company Page data from Japan may come from Toyo Keizai Shinpo Inc.
6. Creating and Accessing Your Account
Some areas of the Site require you to register, provide and verify an email address, or create an account. You agree to provide information that is true, accurate, current, and complete. You may not create multiple accounts, or create accounts by automated means.
The Company encourages you to enable two-factor authentication (2FA) on your account where available. If you do not enable 2FA, you proceed at your own risk. You are responsible for the confidentiality and use of your username and password, which may not be shared. Your account is accessible by anyone with your username and password and who can answer your verification questions. If someone obtains unauthorized access to your account, they could contact users or take other actions through your account, and the Company's ability to respond is limited.
If you change your phone number provided for 2FA or verification, the change may not be reflected everywhere on HTTPS://RVC.GLOBAL, such as the phone number and opt-ins provided through a Job Seeker Profile. An Employer may still be able to contact you at the number in your Profile if you have opted in to be contacted on that page.
The Company may send you a notice relating to account security, such as informing you that you may have recently interacted with a compromised account. The Company cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that The Company bears no responsibility for doing so. The Company makes no warranty regarding and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.
You may be given the option to use a Passkey (such as a face scan or fingerprint) to sign in to your The Company account. Passkeys are stored locally on your device, and their management is subject to your control. The Company does not receive any biometric data or other information related to your Passkey. The Company is not responsible for any collection, use, storage, processing, or loss of Passkey data nor is it responsible for any legal obligations related to such data. If you do not wish to use Passkey, you may use another method to sign in to your The Company account.
7. Your Contact Information
As part of the Services, The Company may contact you through your The Company account or through other means such as email, telephone (including mobile phone), or postal mail, including with contact information that you may provide to The Company or that The Company may otherwise obtain from third-party sources.
By providing The Company with a phone number, you confirm that you are the primary user and subscriber to the telephone number entered, and you expressly agree to receive calls and texts at that number, including if it is a mobile number.
To stop receiving text messages at any time, reply to the text with STOP or contact The Company Customer Support. DUE TO THE UNSTRUCTURED CONVERSATIONAL FORMAT OF THIS SERVICE, WE MAY NOT RECOGNIZE OTHER UNSUBSCRIBE ATTEMPTS. Texting STOP in response to a The Company SMS alert will unsubscribe you from The Company SMS alerts. However, you may continue to receive texts related to some offerings to which you have subscribed, such as Text to Apply and Hiring Events. In order to unsubscribe from these, you must respond STOP within the specific text flows of those offerings. Please note that replying STOP to any text message would unsubscribe you from text messages only, but you may still receive other communications from The Company.
You may also revoke your consent to receive text messages by terminating the Agreement by closing your Company account. The Company cannot be responsible for third parties to whom you have provided your phone number.
To stop receiving marketing or commercial emails from The Company, or to manage your email preferences, you may do so by updating your email settings on your The Company account. You may also opt out of marketing or commercial emails from The Company by following the unsubscribe link in our messages.
In Vietnam, The Company may make publicly available information aggregated from various sources searchable by third parties (like Employers) through ReVacancy Resume Search Program. We make that information available on a limited basis and for a limited time to help Employers find and connect with potential job seekers about an Employer’s Job Listings or job opportunities, and such information may not be used for any other purpose. You may remove your publicly available information from the Program and unsubscribe from receiving potential job opportunities from Employers by following the unsubscribe link in our messages. To delete your publicly available information from our Site, submit this form.
8. Payment
You will be charged as indicated by the Site.
By providing your credit card, bank account, or other payment method information to The Company, you authorize The Company to charge or debit that payment method for fees owed to The Company for services purchased, pursuant to the terms associated with any Company service you are using and any other agreement with The Company for purchase of services.
By providing your bank account information and signing up for direct debits from The Company, you authorize The Company to use ACH to debit the bank account specified for any amount owed for charges arising from your use of the Company's services and/or purchase of products from The Company, pursuant to these terms, until this authorization is revoked.
Advertising
Advertising you purchase may be measured by clicks, RSVPs, applies, impressions, or a subscription or platform fee. Charges are solely based on the Company's measurements (such as click count). The company's measurements (such as click count) shall be binding. The company's measurements may be derived from data from third-party vendors, such as Advertisers.
Subscriptions
Details regarding the subscription or plan are available on the Site at the time of purchase. If you purchase a subscription plan, you acknowledge and agree that your subscription will automatically renew and The Company will charge you on a recurring basis until you cancel your subscription plan and such cancellation goes into effect, which may not be until the next billing cycle. These charges to your credit card or debits to your bank account will be made to the payment method chosen by you.
Pausing your subscription does not cancel it. Your subscription will continue to automatically renew after being unpaused. THERE ARE NO REFUNDS OR CREDITS FOR PARTIALLY USED BILLING CYCLES UNDER THE APPLICABLE SUBSCRIPTION PLAN. AMOUNTS FOR FUTURE PREPAID UNUSED BILLING CYCLES MAY RESULT IN A PRORATED REFUND OF THE UNUSED BILLING CYCLES, WHICH SHALL BE DETERMINED IN THE COMPANY’S SOLE DISCRETION. Following any cancellation, however, you will continue to have access to the service through the end of your current billing period.
Billing Policies
Invoices may be provided to you via electronic mail unless otherwise specified by The Company. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any The Company product, The Company reserves the right to suspend or terminate your use of that The Company product as well as any other The Company product, including but not limited to those The Company products where you do not have an unpaid invoice or account balance. You waive all claims relating to charges unless claimed within 120 days after the charge (this does not affect your credit card or bank account dispute rights).
Any credit card, bank account information, and related billing and payment information that you provide to The Company may be shared by The Company with companies who work on the Company's behalf, such as payment processors and/or credit agencies, for the purposes of verifying your account, checking credit, effecting payment to The Company, and servicing your account. The Company may also provide information in response to valid legal processes, such as subpoenas, search warrants, and court orders, or to establish or exercise its legal rights or defend against legal claims. The Company may obtain updated payment information for credit and debit cards through payment card networks, card issuers, or other third-party sources. The Company may use the updated card and bank account information to charge amounts you owe. The Company shall not be liable for any use or disclosure of such information by such third parties. If your The Company account has a credit card or bank account on file for one The Company service, we will charge that same payment method for other purchases unless otherwise indicated by you.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same The Company party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Company party identified in the first paragraph of this Agreement with respect to such new territory.
If your The Company account has a credit card or other payment method on file, such as bank account information for ACH payment, The Company may charge that payment method for any products or services you order, and for any other outstanding payments, including to correct billing errors.
Currency
If you are located in the United States, you shall pay all charges in US dollars. If your billing address is in Vietnam, you shall pay all charges in Vietnamese Dong. If your billing address is in Singapore, you shall pay all charges in Singapore Dollars.
Taxes
Charges are exclusive of all taxes and VAT. You are responsible for all taxes as applicable and appropriate. You are responsible for paying (y) all taxes and government charges, and (z) reasonable expenses and attorney fees The Company incurs collecting late amounts. All withholding tax remittances to the government are your sole responsibility and The Company shall have no liability whatsoever therefor. If you are in Japan, a Japanese consumption tax will apply on the import of all The Company products and services.
Refunds
Except as otherwise provided in this Agreement, The Company may offer refunds for The Company services for a period of one (1) month from the date of purchase. Notwithstanding the foregoing, The Company will not provide refunds in case of abuse of our policies, and any and all refunds are ultimately at the sole discretion of The Company.
You agree to pay (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10%, or the maximum interest permitted by law, whichever is lower, and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees The Company incurs collecting late payments.
9. Other Services
The Company Apps. “The Company Apps” means our downloadable applications available in device application marketplaces, such as ReVacancy app. This Agreement applies to your use of any Company App. The legal entity responsible for the Company App is the one specified in this Agreement, even if the entity identified as the developer on an application marketplace is The Company.
If you allow The Company App to use your device’s location service, the Company App may collect information based on your device’s geographic location. Some location data is linked to your account (for example, “coarse” location data collected by an iOS app). Other location data the Company Apps collect is not linked to your account (for example, “precise” location data collected by an iOS app) but is still used by The Company.
Apple-Specific Terms. In addition to your agreement with the foregoing terms and conditions, and notwithstanding anything to the contrary herein, the following provisions apply with respect to your use of any mobile application version of the Site compatible with the iOS operating system of Apple Inc. (“Apple”, and such mobile application, the “App”). Apple is not a party to this Agreement and does not own and is not responsible for the App. Apple is not providing any warranty for the App except, if applicable, to refund the purchase price for it. Apple is not responsible for maintenance or other support services for the App and shall not be responsible for any other claims, losses, liabilities, damages, costs, or expenses with respect to the App, including any third-party product liability claims, claims that the App fails to conform to any applicable legal or regulatory requirement, claims arising under consumer protection or similar legislation, and claims with respect to intellectual property infringement. Any inquiries or complaints relating to the use of the App, including those pertaining to intellectual property rights, must be directed to The Company in accordance with the “Questions or Complaints” section above. The license you have been granted herein is limited to a non-transferable license to use the App on an Apple-branded product that runs Apple’s iOS operating system and is owned or controlled by you, or as otherwise permitted by the Usage Rules set forth in Apple’s App Store Terms of Service. In addition, you must comply with the terms of any third-party agreement applicable to you when using the App, such as your wireless data service agreement. Apple and Apple’s subsidiaries are third-party beneficiaries of this Agreement and, upon your acceptance of the terms and conditions of this Agreement, will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third-party beneficiary thereof; notwithstanding the foregoing, Company's right to enter into, rescind or terminate any variation, waiver or settlement under this Agreement is not subject to the consent of any third-party.
E-Signature. The Site may offer e-signature options, which may be powered by a third-party service provider. By using e-signatures on the Site, you agree that your e-signature is intended to authenticate the document you are signing, and your e-signature will have the same force and effect as a manual signature. The Company is not a legal record keeper. Your use of e-signatures is at your own risk, and it is your responsibility to ensure that your document is received and to retain your own copies.
Beta Program. The Company may offer beta products or features on our Site, identified by the word “Beta” or “Test” (“Beta Products”). Beta Products may be offered in limited quantities, in limited locations, and for a limited time. The Company may discontinue or cancel all or part of a Beta Product at any time without prior notice to you.
ANY BETA PRODUCT IS IN THE TESTING PHASE AND IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND IS BELIEVED TO CONTAIN DEFECTS. A PRIMARY PURPOSE OF TESTING A BETA PRODUCT IS TO OBTAIN FEEDBACK ON PERFORMANCE. YOU ARE ADVISED TO SAFEGUARD IMPORTANT DATA, USE CAUTION, AND NOT RELY IN ANY WAY ON THE CORRECT FUNCTIONING OR PERFORMANCE OF THE BETA PRODUCT.
If you have been invited to test a Beta Product, you agree that, unless otherwise specifically provided herein or agreed by The Company in writing, any Beta Product constitutes confidential proprietary information of The Company. You shall permit only authorized users to access the Beta Product. You agree not to transfer, copy, or disclose such confidential information without the prior written consent of The Company.
Algorithmic Content. The Company may make available content created in whole or in part by an algorithm (including “artificial intelligence” and machine learning algorithms), which may be generated in response to the information you provide through the Site (“Algorithmic Content”). Algorithmic Content is a Beta Product under this Agreement. You agree that The Company is not the author of Algorithmic Content, which may be provided by a third party. Algorithmic Content is provided “as is” and The Company makes no warranty that Algorithmic Content is appropriate, accurate, inoffensive, unbiased, non-infringing, legal, or safe, and disclaims all liability for Algorithmic Content.
Use of Algorithmic Content is entirely at your own risk. By generating or using Algorithmic Content (for example, by providing content to the Site for the purpose of generating Algorithmic Content, or by adding Algorithmic Content to a job description or resume), you adopt, confirm, and ratify it. You agree to take full responsibility for the Algorithmic Content and its use or misuse, including any inaccuracies, non-compliance with these Terms or the Site Rules, and any harm caused to you or anyone else. You agree to defend and indemnify The Company from any claim arising from your generation or use of Algorithmic Content.
10. Filtering for Minors
We hereby notify you that parental control protections (such as computer hardware, software, or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors. Information identifying current providers of such protections is available from GetNetWise and OnGuard Online. The Company does not endorse any of the products or services listed on such sites.
11. Use of Site by Minors
Generally, the Site is only for use by people aged 16 or over. However, some jurisdictions might have different restrictions as outlined below. In all jurisdictions, if you are under the legal age of majority in your jurisdiction, you must use the Sites under the supervision of your parent, legal guardian, or responsible adult, even if your age is above the Company permitted use age for that jurisdiction. By accessing the Site from anywhere, you represent and warrant that your age is above the Company age restrictions in your jurisdiction (e.g. over 16 in the United States, and over 18 in EEA). We adopt a range of measures to try to ensure that no information is knowingly solicited from individuals who do not meet the minimum age or any other applicable age requirements.
If we learn that an individual who does not meet the minimum age requirement has used the Site or provided personal information through the Site, we will restrict access to, or close their account, and remove that information from our systems.
Japan: the Site is only for use by those who meet the permitted minimum age under Japanese law for The Company to lawfully provide you with use of the Site.
EEA, Switzerland, UK, Turkey, and Ukraine: As of February 1, 2024, access to the Site is restricted to individuals who are 18 years of age or older.
12. Questions or Complaints
If you have a question or complaint regarding the Site, please use our The Company Help Center at info @ rvc.global or phone number +84-903-973-911 (Vietnam).
13. Disclaimer of Warranties
The Site may become unavailable in whole or in part at any time without notice. The Site may rely on third parties to provide services to The Company, such as data hosting or processing vendors, and the Site could unexpectedly malfunction or become unavailable as a result.
To the fullest extent permitted by law, The Company disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability, or availability of information or material displayed in or linked from the Company search results (including Jobs Listings) or otherwise made available on the Site by The Company or third parties (including User Content), regardless of whether paid for or used for free. The Company disclaims any responsibility or liability for the accuracy, content, completeness, or reliability of information provided by The Company for informational purposes only, including but not limited to, The Company Analytics data like estimated applies or organic traffic, and salary information, or information that may come from a third-party. You acknowledge you are not paying The Company for the aforementioned information. The Company disclaims any responsibility for the deletion, failure to store, misdelivery, or untimely delivery of any information, emails, attachments, or material (including User Content). The Company does not guarantee that the Site will always be error-free, safe, or secure. The Company further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall The Company be liable to you or any third party on account of your use or misuse of or reliance on the Site. Additionally, under no circumstances shall The Company be liable to you or any third party on account of your use or misuse of or reliance on any third-party site or service you link to from the Company's Site.
The Company further disclaims all liability for any technical malfunction of the Site, including but not limited to failure of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email delivery (including attachments), account login, or any other Services provided by The Company as a result of technical problems or traffic congestion on the Internet or any third-party website (including but not limited to Applicant Tracking Systems (ATSs)) or a combination thereof, including injury or damage to your or to any other person’s computer, mobile device or other hardware or software, related to or resulting from using or downloading any Content in connection with the Site or Services. Under no circumstances will The Company be responsible for any loss or damage to any content or personal injury or death, resulting from anyone’s use of the Site, Services, User Content, or third-party applications, websites, software, or content posted on or through the Site or transmitted to users or any interactions between users of the Site or Services, whether online or offline.
The Company reserves the right to limit or terminate any and all Services and/or access to the Site in specific countries or regions, at any time, due to, or during, times of war, political upheaval or uncertainty, epidemic, pandemic, riot, insurrection, national or regional emergency, terrorism or threat thereof, or civil disorder.
Without limiting the foregoing, under no circumstances shall The Company or its affiliates, or its or their third-party licensors, be liable or responsible, or be deemed to have defaulted under or breached this Agreement, for any delay or failure in fulfillment or performance resulting, arising out of or caused by, directly or indirectly, or results from acts, causes, forces or circumstances beyond its or their control, including, without limitation, the following force majeure events: (a) acts of God or natural catastrophes or forces, (b) flood, fire, storm, earthquake, epidemics or pandemics, explosion or other similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, other civil unrest or disturbances, military disturbances or sabotage; (d) government action, order, law or regulation or orders of domestic or foreign courts or tribunals; (e) actions, embargoes or blockades in effect on or after the date of this Agreement; (f) action by any governmental authority; (g) national or regional emergency; (h) strikes, labor disputes or stoppages or slowdowns or other industrial disturbances or shortage of labor or materials; (i) breakdown, interruptions, loss, fluctuations or malfunctions of utilities (including heat, light or air conditioning), communications, computers (software and hardware, and including, but not limited to, computer viruses), or telephone communication services; (j) internet, computer equipment, telecommunication equipment, electrical power or other equipment or mechanical failures or shortages; (k) loss of data due to power failures or mechanical difficulties with information storage or retrieval systems; (l) non performance of third parties; and (m) other events beyond the control of The Company.
THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES, AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. YOU USE THE COMPANY AND THE SITE AT YOUR OWN RISK. THE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, TITLE, SERVICE QUALITY, AND THAT THE SITE AND SERVICES PROVIDED WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL CONTENT, PRODUCTS, FEATURES, AND SERVICES AVAILABLE ON OR THROUGH THE SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, THE COMPANY AND ITS AFFILIATES, AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY THE COMPANY. THE COMPANY IS NOT RESPONSIBLE FOR THE ACTIONS, CONTENT, INFORMATION, OR DATA OF THIRD PARTIES, AND YOU RELEASE US, OUR DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS FROM ANY CLAIMS AND DAMAGES, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH ANY CLAIM YOU HAVE AGAINST ANY SUCH THIRD PARTIES.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA.
14. Limitation of Liability
TO THE FULLEST EXTENT PERMITTED BY LAW, UNDER NO CIRCUMSTANCES SHALL THE COMPANY OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY PERSON ON ACCOUNT OF THAT PERSON’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES OR ANY LOSS OF PROFITS, REVENUE, INTEREST, GOODWILL, LOSS OR CORRUPTION OF DATA OR ANY LOSS OF OR INTERRUPTION TO THE USER’S BUSINESS, WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF THE COMPANY OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA, AND TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID THE COMPANY TO USE THE SITE.
If you are a resident or located in Germany, the limitation of liability as set out above in this section shall be replaced in its entirety by the following:
The Company's obligation to pay damages shall be limited as follows:
(a) For damages caused by a breach of a material contractual obligation, The Company shall only be liable up to the amount of the typically foreseeable damage at the time of entering into the contract; The Company shall not be liable for damages caused by a breach of non-material contractual obligations.
(b) The limitation as set out above under (a) shall not apply to damages caused intentionally or by gross negligence, culpably caused personal injuries nor to any liability under the German Product Liability Act and in case of any further mandatory liability. Furthermore, it shall not apply if and to the extent The Company has assumed a guarantee.
If you are a Job Seeker located in Japan and subject to the Consumer Contract Act of Japan, and this Agreement constitutes a consumer contract within the meaning of the Consumer Contract Act of Japan, the limitation of liability as set out in this Agreement shall not apply to:
(a) Full exemption from liability of The Company or its affiliates, or its or their third-party licensors, to Job Seekers for damages arising from or related to the use of the Site.
(b) The partial exemption from liability of The Company or its affiliates, or its or their third-party licensors, to Job Seekers for damages caused by willful misconduct or gross negligence arising from or related to the use of the Site.
15. Claims of Infringement
U.S. Copyright Infringement. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by The Company infringe your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC. § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow The Company to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed. If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send The Company a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA; see http://www.loc.gov/copyright/ for details. Notices and counter-notices with respect to the Site should be sent in writing to The Company Copyright Notice, Horizon Tower HCMC (copyright @ rvc.global) (remove spaces when sending email). We suggest that you consult your legal advisor before filing a notice or counter-notice. Also, be aware that there are penalties for false claims under the DMCA.
Other Claims of Infringement. For claims of infringement that do not involve a U.S. copyright, please contact us via our Site at info@rvc.global.
16. Reservation of Rights
You understand and acknowledge that The Company or its affiliates, or its or their licensors, owns all right title and interest to the Site and all proprietary rights associated therewith. The Company reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, any trademarks and service mark attributions, any patent markings, or other indicia of ownership on the materials accessed through the Site, other than your User Content. Any use of materials or descriptions, any derivative use of the Site or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. In no event may you frame any portion of the Site or any materials contained therein.
The materials on the Site are provided with “Restricted Rights.” Use, duplication, or disclosure by the Government is subject to restrictions as set forth in applicable laws and regulations. Use of the materials by the Government constitutes acknowledgment of the Company's proprietary rights in them.
17. Miscellaneous
This Agreement constitutes the entire agreement between you and The Company, and supersedes and replaces all prior or contemporaneous representations, understandings, and agreements, written or oral. If the Job Seeker Terms, Employer Terms, or Advertiser Terms apply to your use of the Site, those terms shall be controlled in the event of an inconsistency or conflict with these Terms of Service for All Users.
Each provision of this Agreement is a separately enforceable provision. If any provision of this Agreement is determined to be unenforceable, it shall be reformed to the extent necessary in order for this Agreement to remain in effect.
This Agreement cannot be modified or amended, except by a document signed by an authorized representative of each party. Your use of our Site through an agency or reseller arrangement does not exempt you from these Agreement terms. Written or phone communication between you and The Company employee is not a modification or amendment of this Agreement.
Any notices to The Company must be sent to the applicable Company entity identified above via certified first-class air mail or overnight courier, and are deemed given upon receipt. Notice to you may be affected by sending an email to the email address specified in your account, or by posting a message to your account interface, and is deemed received when sent (for email) or no more than fifteen (15) days after having been posted (for messages posted to your account interface).
You may not assign or delegate any of your rights or obligations hereunder without the Company's prior written consent, and any such attempt is void. The Company may freely assign or delegate its rights and obligations hereunder without notice to you. The Company you are not in a legal partnership, agency relationship, or employment relationship. When The Company provides the Site or any related services to you, it is solely as an information service provider.
The Company does not act as an employment agency by providing the Site or its tools. Except as otherwise agreed to in writing, nothing in the terms should be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationship between us and third parties. Any references to such third parties as “partners” do not indicate that such party has any authority to bind us to any agreements or representations on our behalf without our prior written consent.
“Including” means “including without limitation.”
18. Governing Law and Dispute Resolution
This Agreement will be governed as to all matters, including, but not limited to the validity, construction, and performance of this Agreement, by and under the laws of Texas, United States. The courts located in Austin, Texas, United States, shall have exclusive jurisdiction over any disputes.
Despite the application of Travis County, Texas law, if you are a consumer resident in the EU, you also enjoy the protection of the mandatory provisions of the law of the country in which you have your habitual residence. The application of mandatory provisions limiting the choice of law and in particular the application of mandatory laws of the country in which you have your habitual residence, such as consumer protection laws, shall remain unaffected.
19. Patent Disclosure
Certain elements of the Site and/or The Company Apps are licensed pursuant to one or more of the United States patents.
