Terms and Conditions
THIS VERSION IN EFFECT SINCE FEBRUARY 1, 2016.
THIS AGREEMENT GOVERNS YOUR USE OF THE EXPERIS JOBS WEBSITE AND THE CONTENT, INFORMATION AND SERVICES PROVIDED THROUGH THE WEBSITE. IT EXEMPTS EXPERIS NORTH AMERICA AND OTHER PERSONS FROM LIABILITY OR LIMITS THEIR LIABILITY AND CONTAINS OTHER IMPORTANT PROVISIONS THAT YOU SHOULD READ. EACH TIME YOU USE THE WEBSITE, THIS AGREEMENT AS IT THEN READS WILL GOVERN YOUR USE. ACCORDINGLY, WHEN YOU USE THE WEBSITE YOU SHOULD CHECK THE DATE OF THIS AGREEMENT (WHICH APPEARS AT THE TOP OF THIS AGREEMENT) AND REVIEW ANY CHANGES SINCE THE LAST VERSION.
This Agreement contains the following provisions-
1. Your Acceptance of this Agreement
2. Scope of this Agreement
3. Changes to this Agreement
4. Permission to use the Website
5. Website Communications and Orders
6. Errors
7. No Advice
8. Assessment and Screening Services
8.1 Your License to Use the Experis Jobs Website
8.2 Your Use of the System
8.2.1 Your User Responsibilities
8.2.2 Changes to the Services
8.2.3 Waiver of Right to see Tests and Results
8.2.4 Waiver of Right for Revenues
8.3 Privacy Policy
8.4 System Security
8.4.1 Security Agreements
8.4.2 Security Violations
8.5 Proprietary Rights
9. Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity
9.1 DISCLAIMER
9.2 LIABILITY EXCLUSION
9.3 LIABILITY LIMITATION
9.4 RELEASE
9.5 INDEMNITY
9.6 FAIR ALLOCATION OF RISK AND LIABILITY
10. Ownership and Permitted Uses of the Website
11. Trademark Information
12. Personal Information Privacy
13. Other Websites
14. Linking, Framing, Mirroring, Scraping and Data-Mining the Website
15. License Grant
16. Termination of this Agreement and the Website
17. Governing Law and Dispute Resolution
18. Complaints
19. Violation and Waiver
20. Other Matters
1. Your Acceptance of this Agreement
This is an Agreement between you and all persons you represent (and for purposes of this Agreement, "person" includes natural persons and any type of incorporated or unincorporated entity) and Experis North America ("Experis”), and governs your use of the Experis Jobs Website and the content, information and services provided through the Experis Jobs Website (collectively the "Website"). This Agreement also provides benefits to Experis’s affiliates, service providers, suppliers and sub-contractors, including various Experis businesses around the world (collectively "Affiliates and Providers"). Each time you use the Website you signify your acceptance and agreement, and the acceptance and agreement of all persons you represent, without limitation or qualification, to be bound by this Agreement, and you represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and all persons you represent. If you do not agree with each provision of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use this Website.
2. Scope of this Agreement
This Agreement is in addition to and supplements any written agreements that you or any persons you represent have with Experis or Affiliates and Providers (now or in the future) concerning your dealings with Experis or Affiliates and Providers generally. This Agreement and all other agreements that you or any persons you represent have with Experis or Affiliates and Providers (now or in the future) together constitute the entire agreement regarding your access to and use of the Website, and supersede all previous agreements (written, oral or otherwise) regarding your access to and use of the Website. In the event of any inconsistency or conflict between the provisions of this Agreement and the provisions of any other agreement that you or any persons you represent have with Experis or Affiliates and Providers (now or in the future), the provisions of this Agreement shall govern regarding your access to and use of the Website.
3. Changes to this Agreement
Experis may, in its discretion, change, supplement or amend this Agreement as it relates to your future use of the Website from time to time, for any reason, and without any prior notice or liability to you or any other person. You may not change, supplement, or amend this Agreement in any manner.
4. Permission to use the Website
The Website may be accessed and used only by individuals who have: (a) reached the age of majority in their jurisdiction of residence and can form legally binding contracts under applicable law; and (b) accepted this Agreement. Persons using the Website must comply with all applicable laws. Experis may in its discretion refuse permission to access and use the Website.
5. Website Communications and Orders
The Website is a portal and information conduit to other websites and businesses operated by Affiliates and Providers. Affiliates and Providers may be independent from Experis, their websites may have different or inconsistent terms of use or privacy notices, and their services may be provided under different terms and conditions. Your dealings with Affiliates and Providers and use of their websites are at your own risk, and you shall not make any claim against Experis arising out of those matters. As between you and Experis, the provisions of this Agreement under the section headed Disclaimer, Liability Exclusion, Liability Limitation, Release and Indemnity apply, with all necessary modifications, to your dealings with any Affiliates and Providers and use of their websites. By activating certain links, including order-related links, you may be automatically connected with websites operated by Affiliates and Providers. If you use the Website to initiate communication regarding your staffing needs, the information you submit may be disclosed to, and processed and responded by, Affiliates and Providers. All communications you submit through the Website or e-mail must be true, accurate and complete. Experis and Affiliates and Providers will rely upon the truth, accuracy and completeness of the communications you submit through the Website. If you submit any incorrect or incomplete communications, or if any communications are damaged or distorted during transmission to Experis, you and all persons you represent will be liable for any loss, damage or additional costs that you, Experis, Affiliates and Providers, or other persons may incur as a result. You authorize Experis and Affiliates and Providers to: (a) accept communications that they receive from you by means of the Website or e-mail as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to any Affiliates and Providers, and Experis workers by means of the Website, e-mail or other communications; and (c) respond to your communications by means of Internet communications, e-mail or other communications. Communications you send to Experis by means of the Website or e-mail are not effective unless and until they are processed by the responsible Experis representative. Experis may refuse to process any communications sent to Experis by means of the Website or e-mail, or may reverse the processing of any communications sent to Experis by means of the Website or e-mail, at any time in Experis’s discretion, and without any notice or liability to you or any other person, including, without limitation, if: (a) Experis cannot process the communications; (b) the communications violate any provision in this Agreement or any other agreement that you or any other person may have with Experis; (c) Experis considers that the communications conflict with any other instructions or agreements with you or any person you represent; or (d) there is an operational failure or malfunction in connection with the transmission of the communications. Communications that are submitted to a named Experis employee through the Website may be answered by other staff, rather than the named individuals personally.
6. Errors
Experis endeavors to provide accurate information through the Website. Nevertheless, errors may occur. Accordingly, Experis reserves the right to change information available through the Website at any time and from time to time without any notice or liability to you or any other person.
7. No Advice
The Website is not intended to be a comprehensive or detailed statement concerning the matters addressed; investment, tax, banking, accounting, legal, or other professional or expert advice or recommendations; or an offer or recommendation to sell or buy any stock, bond or other financial instrument or any product or service. You should seek appropriate, qualified professional advice and recommendations before acting or omitting to act based upon any information provided on or through the Website.
8. Assessment and Screening Services
The following terms set forth apply to assessment and screening services offered on the Website (hereinafter “the Services”) and the assessment and screening system provided on the Website (hereinafter: “the System”). Any and all rights not expressly granted in these Terms are reserved by Experis. Experis reserves the right to change these Terms, at its sole discretion, any time or from time to time. IF YOU DO NOT AGREE TO, OR ARE NOT COMFORTABLE WITH THESE TERMS OR ANY PART THEREOF, PLEASE DO NOT USE THE SERVICES. USING THE SERVICES OR ANY PART THEREOF IN ANY WAY, SIGNIFIES YOUR CONSENT TO BE BOUND BY THESE TERMS AND ANY PART THEREOF.
8.1 Your License to Use the Experis Jobs Website
We hereby grant you a non-exclusive, non-transferable, personal license under the Experis intellectual property rights, to use the System subject to the Terms. By this license you are granted a limited right to use the System as stated, but you are not and will not become the owner of the System or any part thereof. Only you may use the System, and you may not rent, lease, lend, sub-license or transfer the System or any part thereof nor any of your rights under the Terms to anyone else. You may not develop or derive for commercial use any data in machine-readable or other form that incorporates or uses any part of the System.
8.2 Your Use of the System
You are allowed to use the System only for personal and noncommercial use. Except as otherwise provided herein, you may not alter, modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, publicly display, transfer, sell or use in any other way, the System, any information or content contained in the System or any part thereof without the prior express written permission of Experis.
8.2.1 Your User Responsibilities
You may only use the System and any part thereof for lawful purposes. As one of the conditions of your use, you warrant and represent that you are a genuine and bona fide job applicant and that you are not using the System for any other purpose. It is YOUR RESPONSIBILITY to ensure that your use of the System complies with these Terms. You may not use the System or any part thereof to: (i) perform any activity which is or may be, directly or indirectly unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, libelous, vulgar, obscene, invasive of others’ privacy, hateful, or racially, sexually, ethnically or otherwise objectionable; (ii) perform any activity which will or may breach a third party’s intellectual property rights, contractual rights or other rights, including by submitting content that you do not have rights in; and (iii) advertise, offer, solicit, license or grant public access to any content offered on the System. In addition, in order to allow us to maintain a reliable and effective System, you specifically agree to refrain from intentionally providing any irrelevant, misleading or wrongful information and answers to questions or queries found on the System. You warrant and affirm that you will NOT:
● Impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity;
● Allow someone to help or assist you in completing any component of the System;
● Help or assist anyone else in completing any component of the System;
● Provide any incomplete, false or inaccurate information on any application submitted for a job through the System;
● Post or transmit any content or information that contains a virus, worms, Trojan horses, or corrupted data or any other contaminating or destructive features, or that otherwise interfere with the proper working of the System;
● Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful information;
● Eavesdrop, commit electronic trespassing, fraud or forgery, sniff, spam, nuke, hack, spoof, break passwords, contaminate the System, cause unauthorized, damaging and/or harmful access and/or retrieval of information and data;
● Create deep linking from any other page to any part of the System;
● Delete any author contributions, legal notices or proprietary designations or labels that you upload to any communication feature;
● Upload or transmit any content or informa