QJUMPERS RECRUITMENT SOFTWARE
Terms & Conditions
1. Binding Agreement
You warrant and agree that you are of legal age and/or have the authority to execute this agreement if signing on behalf of an organization.
Site – the website(s) accessible at qjumpers.jobs and/or qjumpers.com.
Employers – entities and/or individuals placing job postings on the Site.
Job Postings – advertisements for jobs posted by Employers on the Site.
Candidates – persons seeking employment that post a resume or personal profiles on the Site and/or persons submitting resumes or responses to Job Postings posted by Employers.
QJumpers Services – the recruitment services provided to Employers and Candidates through the Site.
QJumpers Recruitment Software – the software available for use through the Site that is employed to provide the QJumpers Services.
AI Talent Sourcing Platform – the software platform that is employed by Users to search for Candidates which who match given criteria, to receive candidates’ profiles and/or communicate with candidates.
Profile – identifying and/or descriptive information pertaining to a Candidate.
Service Providers – providers of services via the Site that are business partners of QJumpers or providers of services on their own behalf.
Users – Employers, Candidates, Service Providers, Advertisers and other persons and/or entities accessing and/or utilizing the Site.
Content – software, text, images, video, audio and other material posted on the Site which includes QJumpers Content and User Content.
User Content – Content posted on the Site by a User.
QJumpers Content – Content owned by QJumpers or its Affiliates or, Content for which QJumpers has acquired rights of use from one or more third party licensors.
Affiliates – an entity that controls or is controlled by QJumpers directly or indirectly.
3. Obligations of all Users
By using the Site or the AI Talent Sourcing platform, You hereby agree that:
a) Your use of the Site and/or AI Talent Sourcing platform shall be solely for the purposes contemplated by this Agreement and for no other business purpose;
b) No Content posted on the Site and/or AI Talent Sourcing platform by You will violate the intellectual property rights of any other party;
c) You will not post or submit any information on the Site and/or AI Talent Sourcing platform that is false, inaccurate or misleading;
d) All Content provided by You shall be free of computer viruses, malware, and hidden pages or images and shall not contain any Content that is password or otherwise access restricted;
e) You will not use the Site and/or AI Talent Sourcing platform for any illegal purpose or to promote, endorse or provide instructional information with respect to any illegal activity;
f) You will not upload, transmit, post, store, or otherwise make available on the Site and/or AI Talent Sourcing platform any Content that is in violation of any law or regulation;
g) You will not provide or make available for display on the Site and/or AI Talent Sourcing platform any information or Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, vulgar, obscene, invasive of another’s privacy, racially or ethnically offensive or objectionable or damaging to the reputation or image of QJumpers as determined in the sole discretion of QJumpers;
h) You will not reverse engineer or decompile any code or components of the Site and/or AI Talent Sourcing platform;
i) You will not solicit any personally identifiable information or login information from any other Users except as expressly permitted pursuant to this Agreement;
j) You will not delete or alter Content posted by any other person or entity;
k) You agree to comply with all applicable anti-discrimination laws and regulations;
l) You will not engage in any unsolicited communications with other Users by mail, email or by phone, fax, text or any other means for the purpose of promoting and/or advertising any products or services;
m) You will not contact any Users that have requested that you refrain from doing so and will remove contact information for any such Users from your contact database(s);
n) You will not use any tools, robots, data mining programs or other data gathering methods to extract information from the Site and/or AI Talent Sourcing platform;
o) You will not engage in activities that interfere with the services provided to any other User of the Site and/or AI Talent Sourcing platform by means of a virus, malware, flooding, spamming, denial of service attacks or any other method or technique intended to have such effect; and
p) You will not utilize any tools to navigate or to perform searches of the Site other than the QJumpers Recruitment Software available on the Site and/or the AI Talent Sourcing platform.
4. Rights of QJumpers with respect to User Accounts
QJumpers shall have the right:
a. to disable or terminate the account of any User with or without notice (a) if the User fails to pay any monies when due QJumpers under this Agreement; (b) if the User breaches any term or terms of this Agreement; or (c) in the sole discretion of QJumpers for any reason deemed to be in the business interests of QJumpers; and
b. to obtain from any provider of credit information, credit information about You or Your members, partners, principals and/or directors for the purpose of determining whether to establish an account and the terms associated therewith and/or for the purpose of collecting overdue payments with respect to any monies due under this Agreement and to disclose any such information to a credit reporter.
5. Payment Obligations
a. All amounts payable to QJumpers shall be due and must be paid within twenty (20) days of the date of invoice, unless otherwise agreed in writing.
b. Amounts payable to QJumpers shall be as set forth in a separate Services Agreement or in the QJumpers Employer’s Payment Terms, the QJumpers Advertiser’s Payment Terms or the QJumpers Service Provider’s Payment Terms, as applicable, which terms are incorporated herein by reference, unless otherwise agreed in writing between the parties.
c. You shall be obligated to pay for any services that you have requested and which QJumpers agrees to provide to you whether or not such services have been utilized by You. Notwithstanding the foregoing, Candidates shall not be charged for use of the Site.
d. You agree to pay interest on late payments at QJumpers’ applicable bank interest rate;
e. You agree to pay for all costs and expenses including attorney’s fees incurred by QJumpers in connection with the collection of amount’s due on overdue accounts.
f. All payments to QJumpers with respect to Job Postings pertaining to employment in the U.S., and by Service Providers, Advertisers and business partners shall be in U.S. dollars.
6. Job Postings by Employers
An Employer desiring to place a Job Posting on the Site shall register with the Site and provide a login name and a password that must be used for sign in to the Employer’s account. The Employer shall be solely responsible for maintaining the confidentiality of the login details and unauthorized access to the Employer’s stored information including but not limited to Candidate information obtained by the Employer.
b. to only post Job Postings that pertain to a genuine job opportunity that is current as of the time of the respective Job Posting;
c. to remove from the Site any Job Posting in the event that You decide to cease recruitment for the respective position;
d. to only post Job Postings that do not contain misleading, false or inaccurate information regarding the respective job opportunity or the Employer;
e. that submitted Job Postings shall not contain information unrelated to the Job Posting;
f. that Job Postings shall not contain links to other sites without the express approval of QJumpers;
g. that Job Postings shall pertain to only a single job description, job category or job location;
h. that Job Postings shall not include any material that exploits individuals in a sexually or violent manner;
i. that Job Postings shall not promote, offer or sell any products or services;
j. that Content on the Site may not be copied, sold, redistributed or used for any commercial purpose; and
k. not to use the Site or any feature available via the Site to send unsolicited emails for commercial purposes except as expressly provided pursuant to this Agreement. An Employer may use QJumpers Recruitment Software to communicate with Candidates about specific Job Postings posted by the Employer;
l. to comply with all applicable privacy laws and regulations and not disclose to any third party any personal information that it collects with respect to any Candidate except as expressly permitted pursuant to this Agreement; and
m. not to solicit personal information from persons under 18 years of age.
n. that they are solely responsible for the Content of their Job Postings, questionnaires, job descriptions and correspondence with Candidates.
7. Rights and Obligations of QJumpers With Respect to Employers
a. have no responsibility or liability to any Employer with respect to errors or omissions in any Employer Job Postings, questionnaires, job descriptions or correspondence through the Site.
b. make reasonable efforts to correct errors brought to its attention as soon as is reasonably possible; and
c. have the right, in its sole discretion, to withdraw, with or without notice, any Job Posting or restrict the Employer’s access to the Site for any reason, including, without limitation, breach of any term of this Agreement, or for technical, security or other reasons involving the reputation of QJumpers or the operation or image of the Site. In the event QJumpers withdraws a Job Posting or restricts access of an Employer to the Site without prior notice to the Employer, QJumpers shall notify the respective Employer of the withdrawal or restriction within a reasonable period following the withdrawal or restriction.
8. Obligations of Candidates
In addition to the obligations assumed by all Users as set forth above, Candidates hereby assume the following obligations pursuant to this Agreement.
A Candidate desiring to post a Profile or submit a Resume in response to a Job Posting must register with the Site and create a Candidate Account. When establishing the Candidate Account You must provide a valid email address and provide certain identifying information (“Your Profile”).
The following terms apply to Your Profile, Your Resume and information provided by You in response to any Job Posting:
a. Your Profile, Your Resume and information provided by you must be accurate and not include information that is false or misleading.
b. You are solely responsible for the information provided in Your Profile and Your Resume and all other information and/or Content provided by You to the Site and any Employer.
c. You have no ownership of any rights in Your Profile or the account established by You on the QJumpers Site. QJumpers and/or an Employer shall have the right, but not the obligation, to delete, at any time, your account and/or any information and/or material provided by You to QJumpers or an Employer, including but not limited to upon the termination or cancelation of your account.
d. You will not disclose your user name and password to any other party and you assume all liability for any such disclosure whether intentional, unintentional or as the result of misappropriation.
e. You will not create more than one Profile on the Site nor submit more than one copy of Your Resume to any Employer in response to a Job Posting.
f. You will not post any resume or profile information or apply for a job on behalf of another party.
9. Intellectual Property Rights
The Content provided on the Site and/or AI Talent Sourcing platform includes content created by QJumpers, Service Providers, Employers, Candidates and Advertisers. This section sets forth the ownership and usage rights with respect to Content appearing on the Site.
COMPANY CONTENT: The Site and/or AI Talent Sourcing platform, including without limitation Domain Names, QJumpers Content and Services and all intellectual property rights therein (“QJumpers Content”), is the property of QJumpers, its Affiliates and/or their authorized licensor(s) and is protected by U.S. and international copyright, trademarks and other intellectual property laws. Except as expressly permitted under copyright law, no copying or exploitation of any Content on the Site and/or AI Talent Sourcing platform is permitted without the express written permission of QJumpers or the applicable copyright owner.
All intellectual property rights not expressly granted hereunder are expressly reserved by QJumpers and the respective owners of the intellectual property rights, as applicable.
10. Disclaimer of Warranty and Limitation of Liability
QJUMPERS, ITS AFFILIATES, SERVICE PROVIDERS, AND/OR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUPPLIERS, AND LICENSORS, MAKE NO WARRANTIES OR REPRESENTATIONS ABOUT THE CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT), INCLUDING BUT NOT LIMITED TO ITS ACCURACY, RELIABILITY, COMPLETENESS, TIMELINESS, OR RELIABILITY.
NEITHER QJUMPERS NOR ITS SERVICE PROVIDERS SHALL BE SUBJECT TO LIABILITY FOR TRUTH, ACCURACY, OR COMPLETENESS OF ANY INFORMATION CONVEYED TO THE USER, OR FOR ERRORS, DEFECTS, MISTAKES OR OMISSIONS THEREIN OR FOR ANY DELAYS OR INTERRUPTIONS OF THE DATA OR INFORMATION STREAM FROM WHATEVER CAUSE. YOU AGREE THAT USE THE SITE, AI Talent Sourcing platform AND THE CONTENT (INCLUDING THE USER CONTENT) IS AT YOUR OWN RISK. NEITHER WE NOR OUR SERVICE PROVIDERS WARRANT THAT THE SITE and/or AI Talent Sourcing platform WILL OPERATE ERROR FREE OR THAT THE SITE, ITS SERVER(S), THE AI TALENT SOURCING PLATFORM OR THE CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT) ARE FREE OF COMPUTER VIRUSES, MALWARE OR SIMILAR CONTAMINATION OR DESTRUCTIVE FEATURES. IF YOUR USE OF THE SITE, THE AI TALENT SOURCING PLATFORM OR THE CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT) RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE SHALL NOT BE RESPONSIBLE FOR THOSE COSTS OR ANY RESULTING DAMAGES OR LOSSES. THE SITE, THE AI TALENT SOURCING PLATFORM, QJUMPERS SERVICES AND CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT) ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.
WE AND OUR SERVICE PROVIDERS HEREBY DISCLAIM ALL WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE WARRANTY OF TITLE, MERCHANTABILITY, NON INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. IN NO EVENT SHALL WE OR OUR SERVICE PROVIDERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE SITE, THE AI TALENT SOURCING PLATFORM, THE QJUMPERS SERVICES AND THE CONTENT (INCLUDING THE QJUMPERS AND USER CONTENT), WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
QJUMPERS PROVIDES THE RECRUITMENT SERVICES OFFERED ON THE SITE AND/OR AI TALENT SOURCING PLATFORM A) TO PERMIT EMPLOYERS TO POST JOB OPPORTUNITIES AND EVALUATE CANDIDATES, AND B) TO PERMIT CANDIDATES TO POST PROFILES AND RESUMES FOR REVIEW BY EMPLOYERS AND TO PERMIT CANDIDATES TO RESPOND TO JOB POSTINGS PUBLISHED ON THE SITE BY EMPLOYERS. QJUMPERS DOES NOT PARTICIPATE IN THE EVALUATION OF CANDIDATES BY EMPLOYERS OR THE EVALUATION OF EMPLOYERS BY CANDIDATES AND DOES NOT PARTICIPATE IN DECISIONS BY EMPLOYERS TO EXTEND OFFERS TO, OR HIRE, CANDIDATES AND QJUMPERS DOES NOT COUNSEL CANDIDATES WITH RESPECT TO ACCEPTANCE OF JOB OFFERS EXTENDED BY EMPLOYERS. ACCORDINGLY, EMPLOYERS AND CANDIDATES ACKNOWLEDGE THAT ALL AGREEMENTS AND/OR TRANSACTIONS THEREBETWEEN ARE SOLELY BETWEEN THOSE PARTIES. QJUMPERS HEREBY DISCLAIMS, AND SHALL HAVE NO LIABILITY WITH RESPECT TO, ANY DAMAGES AND/OR HARM TO EITHER EMPLOYERS OR CANDIDATES ARISING AS THE RESULT OF ANY DECISION BY AN EMPLOYER TO EXTEND AN OFFER TO, OR EMPLOY, ANY CANDIDATE SOURCED THROUGH THE QJUMPERS SITE AND/OR AI TALENT SOURCING PLATFORM OR RESULTING IN WHOLE OR IN PART FROM ANY RELATIONSHIP OR TRANSACTION BETWEEN AN EMPLOYER AND CANDIDATE ARISING FROM THE USE OF THE SITE AND/OR AI TALENT SOURCING PLATFORM.
QJUMPERS MAY PROVIDE ON THE SITE AND/OR AI TALENT SOURCING PLATFORM LINKS TO INTERNET SITES MAINTAINED BY THIRD PARTIES. QJUMPERS DOES NOT CONTROL AND IS NOT RESPONSIBLE FOR THE CONTENT CONTAINED ON OR ACCESSIBLE VIA ANY SUCH LINKED SITES. THE INCLUSION OF ANY LINK ON THE SITE AND/OR AI TALENT SOURCING PLATFORM SHALL NOT BE CONSTRUED TO REPRESENT AN ENDORSEMENT OF THE LINKED SITE BY QJUMPERS. QJUMPERS MAKES NO REPRESENTATIONS REGARDING THE ACCURACY OR CONTENT OF LINKED SITES. SHOULD YOU CHOOSE TO ACCESS LINKED SITES, YOU DO SO AT YOUR OWN RISK. THIS AGREEMENT DOES NOT APPLY TO THE USE OF ANY WEBSITES OTHER THAN THE SITE.
Some states do not allow exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the above limitations or exclusions may not apply to you. IN SUCH STATES, OUR AND OUR SERVICE PROVIDERS’ LIABILITY SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW.
You may terminate your account for use of the Site at any time by sending an email to [email protected]. This does not negate, override or replace any financial obligations that you or your organization may have as part of a separate Agreement with QJumpers
You may terminate your account for use of the AI Talent Sourcing Platform by logging in and cancelling your subscription. This does not negate, override or replace any financial obligations that you or your organization may have as part of a separate Agreement with QJumpers
QJumpers may terminate your account, impose limits on the use of your account, or restrict access to all or parts of the Site at any time, with or without notice or liability.
You hereby agree to defend, indemnify and hold harmless QJumpers, its Affiliates, officers, directors, employees and agents, and Service Providers from and against any claims, actions or demands against such parties, including, without limitation all costs and expenses including reasonable attorney’s fees arising or resulting from (i) any User Content or other material you provided to the Site and/or AI Talent Sourcing Platform, (ii) your use of QJumpers Content, and (iii) your breach of any terms of this Agreement. QJumpers shall provide You with notice promptly following receipt of any such claim, demand or action.
e. The section headings are provided merely for convenience and shall not be given any legal import.
15. Governing Law