Last updated: Jan 25, 2023
(b) Candidates. You may be an individual (a “Candidate”) using the Hellohire Site for personal, family or household purposes in order to pursue employment or other engagement with a Recruiter.
2. User Account
(a) To access certain features of the Hellohire Solution, you may be required to successfully sign up for a user account using the available interfaces of the services either by (i) establishing a username and password login credentials (the “Username”); or (ii) using same sign-on credentials established for other third party applications and websites (“SSO Credentials” and together with Username, the “User ID”). If you establish a Username, you will keep your Username secure and will not grant access to or otherwise share your Username with any other person. You must provide us with true, accurate, current and complete information for your Username. If we believe or suspect that your information is not true, accurate, current or complete, we may deny or terminate your access to the Hellohire Solution.
(b) We reserve the right to disable any account or User ID on the Hellohire Solution at any time in our sole discretion. If we disable access to an account or User ID, you may be prevented from accessing the Hellohire Solution (or any portion thereof).
3. Electronic Communications
(a) When you use or view the Hellohire Solution or send e-mails, texts or other electronic messages to us, you are communicating with us electronically and you consent to receive communications from us electronically. We will communicate with you by e-mail, by text message or by posting notices on the Hellohire Solution. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
(b) If you elect to receive text messages through the Hellohire Solution, standard data and message rates may apply. Any and all such charges, fees or costs are your sole responsibility. You should consult with your wireless carrier to determine what rates, charges, fees or costs may apply to your use of the Hellohire Solution.
(c) By creating an account to access the Hellohire Solution, you acknowledge and agree that Hellohire will send you service-related e-mails and text messages relating to your account, including service updates. These communications can be managed through user features made available through the Hellohire Solution from time to time. Your consent to receive communications and do business electronically, and our agreement to do so, applies to all of your interactions and transactions with us. You may withdraw your consent to receive communications electronically by contacting us in the manner described below. If you withdraw your consent (excluding consent to receive marketing communications), from that time forward, you must, as applicable, uninstall, delete and/or stop using the Hellohire Solution. The withdrawal of your consent will not affect the legal validity and enforceability of any obligations or any electronic communications provided or business transacted between us prior to the time you withdraw your consent. Please keep us informed of any changes in your email, telephone number or contact information so that you continue to receive all communications without interruption.
4. Description of Offerings
(b) Candidates. Through the Hellohire Solution, Candidates can (i) attend virtual video-based interviews; (ii) provide candidacy information to Recruiters; and (iii) attend virtual recruitment events. Candidates will enroll in and use the Hellohire Platform through the Hellohire Solution free of charge.
5. User Data, User Submissions, and Privacy
(a) You grant to us and our affiliates and service providers, and each of their and our respective licensees, successors and assigns, an irrevocable, worldwide, non-exclusive, royalty-free, transferable and sublicensable licence to access, collect, store and use any data, information, records or files that you load, transmit to or enter into, or that we collect from, the HellohireSolution(collectively,“User Data”):(i) improve and enhance the Hellohire Solution; (ii) in the case of Recruiters, generate Hellohire Metadata (as such term is defined in the Contract); and (iii) generate aggregated statistical data that: (A) is anonymized; (B) cannot be re-identified by Hellohire; and (C) does not contain any Personal Information or identify any Recruiter, Permitted User, or Candidate (such data, information and materials, the “Aggregated Data”), provided that the foregoing license does not apply to and does not include any Personal Information (as defined below) contained in the User Data. We and our affiliates and service providers, and each of their and our respective licensees, successors and assigns are free to create, use and disclose Aggregated Data during and after the Term, in accordance with applicable law, for any purpose and without obligations of any kind. To the extent permitted by applicable law, Hellohire will not be liable for any failure to store, or for loss or corruption of your User Data.
(c) When you as a user post or publish Content that you upload, post, e-mail, transmit or otherwise make publicly available on the Hellohire Solution (“User Submission”), you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns, a fully paid up, perpetual, irrevocable, worldwide, royalty-free, non-exclusive and fully sublicensable right (including any moral rights) and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and otherwise disclose to third parties, the User Submission (in whole or in part) for any purpose and/or to incorporate it in other works in any form, media or technology now known or later developed, throughout the world without compensation to you, for the full term of any worldwide intellectual property right, including moral rights, that may exist in the User Submission. You further waive any moral rights or other rights of authorship as a condition of uploading, posting, e-mailing, transmitting or otherwise making publicly available on the Hellohire Solution, any of the User Submission. You grant each user of the Hellohire Solution a non-exclusive, perpetual license to access the User Submission through the Hellohire Solution, and to use, edit, modify, reproduce, distribute, prepare derivative works of, display and perform such User Submission including after your termination of your account or the Hellohire Solution.
(e) You understand and agree that you, and not the Hellohire Parties, are fully responsible for all of the User Submission, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. The Hellohire Parties are not responsible or legally liable to any third party for the content or accuracy of any of the User Submission or such content uploaded, posted, e-mailed, transmitted or otherwise made publicly available on the Hellohire Solution by any other user.
6. App Updates and Upgrades
7. Ownership of and License to the Hellohire Solution
(b) Certain elements of the Hellohire Solution are protected by copyright. You are prohibited from modifying, copying, reproducing, publishing, posting, transmitting, distributing, creating derivative works from, decompiling, transferring or selling the Hellohire Solution or any portion thereof or sharing or granting access in any of the foregoing to any third party for any purpose.
(d) The name “HELLOHIRE” is the trademark and trade name of Hellohire. Any trademarks, graphics, logos or other commercial symbols appearing in or on the Hellohire Solution and Offerings are the exclusive property of Hellohire (or its third-party suppliers) and may not be used in any manner without our express written consent.
8. Additional Terms
9. Your Responsibilities
You agree to: (a) prevent unauthorized access to or use of the Hellohire Solution; (b) maintain, protect and make backups of your User Data; (c) keep your contact information associated with your account current and accurate at all times; (d) comply with all applicable laws and regulations, including, but not limited to, all intellectual property, data, privacy laws and anti-spam; (e) in the case of a Recruiter, be responsible for the use of the Hellohire Solution by any Permitted Users; (f) keep your User IDs and all other login information confidential; (g) not register for more than one account, register for an account on behalf of an individual other than yourself without such individual’s authorization, or register for an account on behalf of any group or entity; (h) monitor and control all activity conducted through your account in connection with the Hellohire Solution; (i) upload and disseminate only data to which you own all required rights under law and do so only consistent with applicable law; (j) promptly notify us if you become aware or reasonably suspect any illegal or unauthorized activity or a security breach involving your account, including any loss, theft, or unauthorized disclosure or use of a User ID or account; (k) not use anyone else’s User ID at any time, without the permission of the User ID holder; and (l) not attempt, in any manner, to obtain the password, account, or other security information from any other user.
10. No Unlawful or Prohibited Use
12. Communications Not Confidential
We do not guarantee the confidentiality of any communications made by you through the Hellohire Solution. We do not guarantee the security of data transmitted over the internet or public networks in connection with your use of the Hellohire Solution.
14. Third Party Content, Websites or Services
(b) Your interactions with organizations and/or individuals found on or through the Hellohire Solution, including payment and delivery of goods and services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such organizations and/or individuals. You agree that to the fullest extent permitted by applicable law Hellohire is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings.
15. Malicious Code and Security
The downloading and viewing of Content is done at your own risk. We do not guarantee or warrant that the Hellohire Solution is compatible with your computer system or mobile device or that the Hellohire Solution, or any links from the Hellohire Solution, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs or connections of and to your computer system and/or mobile device that may be necessary as a result of your use of the Hellohire Solution.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE HELLOHIRE SOLUTION AND OFFERINGS ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT FOR ANY SPECIFIC WARRANTIES PROVIDED OR AS OTHERWISE REQUIRED BY LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THE HELLOHIRE SOLUTION AND OFFERINGS WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE HELLOHIRE SOLUTION AND OFFERINGS ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD PARTY COMMUNICATIONS AND ANY THIRD PARTY WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE HELLOHIRE SOLUTION.
IN THE EVENT THAT THERE IS AN INTERRUPTION OR DISRUPTION TO THE OFFERINGS FOR WHATEVER REASON, EVEN IF HELLOHIRE HAS BEEN MADE AWARE OF AN ISSUE THAT COULD RESULT IN OR IS LIKELY TO RESULT IN AN INTERRUPTION OR DISRUPTION OF OFFERINGS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, HELLOHIRE WILL NOT BE REQUIRED TO ISSUE A REFUND FOR ANY PURCHASE MADE BY YOU. AS SOON AS HELLOHIRE HAS IDENTIFIED THE CAUSE OF AN INTERRUPTION OR DISRUPTION, HELLOHIRE WILL USE REASONABLE EFFORTS TO RETURN THE OFFERINGS AS SOON AS REASONABLY POSSIBLE.
17. Limitation of Liability
WITHOUT LIMITING THE FOREGOING, UNDER NO CIRCUMSTANCES WILL ANY OF THE HELLOHIRE PARTIES BE HELD LIABLE FOR ANY DELAY OR FAILURE IN PERFORMANCE RESULTING DIRECTLY OR INDIRECTLY FROM ACTS OF NATURE, FORCES, OR CAUSES BEYOND OUR OR THEIR REASONABLE CONTROL, INCLUDING, WITHOUT LIMITATION, INTERNET FAILURES, COMPUTER EQUIPMENT FAILURES, TELECOMMUNICATION EQUIPMENT FAILURES, OTHER EQUIPMENT FAILURES, ELECTRICAL POWER FAILURES, STRIKES, LABOUR DISPUTES, RIOTS, INSURRECTIONS, CIVIL DISTURBANCES, SHORTAGES OF LABOUR OR MATERIALS, FIRES, FLOODS, STORMS, EXPLOSIONS, PANDEMICS, ACTS OF GOD, WAR, GOVERNMENTAL ACTIONS, ORDERS OF DOMESTIC OR FOREIGN COURTS OR TRIBUNALS, OR NON-PERFORMANCE OF THIRD PARTIES.
19. Term and Termination
20. Geographic Restrictions
Hellohire makes no representation that the Hellohire Solution is or will be available for use in all locations outside Canada or all locations within Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada or from within Quebec, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
21. General Provisions