ShelfFlip, Inc. ("SmartHires") owns and operates SmartHires.io (the "Site"), an online platform (the "Service") to provide recruiting services. Throught the site, "Candidates" refers to prospective employees who are looking to find an employement at one of the companies on SmartHires. "Company" refers to companies that signed up to SmartHires with the intention to recruit Candidates from or refer Candidates to SmartHires. "User" refers to all users of the Site, which includes Companies, their employees and Candidates. These Terms of Service govern the use of the Site and our Service. The Service includes all aspects of SmartHires.io including but not limited to all products, software, data feeds, services and applications offered through the Site. By using the Service or by accessing the Site, you are entering into a legally binding contract and agreeing to be bound by these Terms of Service. Please read the Terms of Service carefully. If you do not agree to be bound by the Terms of Service, please do not access the Service or the Site.
OUR SERVICE IS NOT INTENDED FOR MINORS OR PERSONS BELOW THE AGE OF 18 YEARS. IF IT IS ILLEGAL TO USE OUR SERVICE IN YOU COUNTRY OR REGION, PLEASE DO NOT ACCESS THE SITE.
In order to use the Service, you ("you" or "User") must agree to these Terms of Service. You can accept these Terms of Service by clicking to accept or agree to the Terms of Service where this option is made available to you in the user interface of the Service.
We are offering a non-binding way for companies to connect with candidates as well as for candidates to express interest in specific companies. The service is free to the candidate and does not create any contractual obligation.
We are offering a non-binding way for companies to connect with candidates as well as for candidates to express interest in specific companies. You will have the possibility to contact interesting candidates either through our internal communication platform. You understand that we will not perform quality or background checks on these candidates and that you are responsible for performing due diligence on all candidates (including, but not limited to, background checks, reference checks and checks for the accuracy of the provided information.). You are also responsible for complying with all laws and regulations relating to the employment of the candidate (including, but not limited to, a valid work authorization).
SmartHires is under no obligation to monitor the accuracy or reliability of the content submitted by Users including the information about the products they wish to sell. Although these Terms of Service require Users to provide accurate information, we do not attempt to confirm and do not confirm any information Users provide on the Site. By using the Site or the Service, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Users or third parties will be limited to a claim against the particular User or other third parties who caused you harm, and you agree not to attempt to impose liability on or seek any legal remedy from SmartHires with respect to such actions or omissions. You agree that you are providing accurate, current and complete information about yourself as prompted by our registration form, and you agree to maintain and update your information to keep it accurate, current and complete. You agree that we may rely on your registration data as accurate, current and complete. You acknowledge that if your registration data is untrue, inaccurate, incomplete or not current in any respect, we reserve the right to terminate this agreement and your use of the Site.
All the information provided by you for the product you wish to sell shall be true and completely accurate. You may not provide any information which is fraudulent, false, misleading or deceptive.
You may not authorize others to use your account, and you may not assign or otherwise transfer your account to any other person or entity. You are responsible for the confidentiality and use of your username and password and agree not to assign, transfer, bequeath, or resell your use of or access to the Site to any third party. You agree to notify SmartHires immediately if your account information has been compromised.
This Site and its entire contents and materials including, but not limited to, the text, information, material, software and graphics contained on this Site, are owned by SmartHires, and its affiliates. Such content is protected by copyright, trademark, and other intellectual property laws and treaties. SmartHires makes no proprietary claim to any third party names, trademarks or service marks appearing on the Site.
Any third party names, trademarks, and service marks are the properties of their respective owners. Except as otherwise provided herein, such materials may not be copied, reproduced, modified, published, uploaded, downloaded, posted, transmitted, or distributed in any way, without SmartHires's prior written permission.
Users shall not modify the materials or use them for any commercial purpose, or any other public display, performance, sale, or rental, or decompile, reverse engineer, exploit or disassemble software materials, or remove any copyright notice or other proprietary notices from the materials, or transfer the materials to another person without our express consent.
We do not warrant that the Site or any of the websites linked to Site are free of any operational errors or that they will be free of any virus, worm, or other harmful component.
Under no circumstances shall SmartHires be held liable for delay or failure or disruption of the content or services delivered through the Site resulting directly or indirectly from acts of nature, causes beyond its reasonable control, including internet failures, computer, telecommunications or any other equipment failures, electrical power failures, etc.
We require Users to register at the Site in order to access the Candidates or in order to create a candidate profile. Users must provide complete and true information in all forms on SmartHires.
SmartHires reserves the absolute right to inspect correctness and authenticity of registration information to the extent necessary or desirable. Any suspicious account will not be activated until final acceptance by SmartHires irrespective of payment made, if any.
SmartHires reserves right to deactivate / suspend / restrict / terminate any account in the interest of SmartHires or in the general interest without any prior notice without giving any reason or on grounds of non-payment, unauthorized use, incorrect, incomplete or untrue disclosure of information, objectionable displays or behavior without any claim for refund.
SmartHires reserves the right to change features and/or functionalities of the Site at any time without prior notice to Users.
At any time, and without cause, we may cancel or terminate your access in our sole discretion. You are not entitled for any kind of compensation if you request to cancel or terminate your account. You are liable for charges incurred by you prior to termination of the Service. You are responsible for any charges imposed by your credit card issuing bank for exceeding your account limits or overdrawing your account.
Once you have established a valid and active account, we grant you a login to access the Service or material located at the Site. This login shall be granted for sole use to one end user per account. SmartHires grants you a limited, non-exclusive, non-transferable license to access and view Site content for your non-commercial use. No material within the Site may be transferred to any other person or entity, whether commercial or non-commercial. You may not modify, alter, resell, redistribute, sublicense, display or make derivative works of any materials or content provided on the Site.
We may in our reasonable discretion terminate your login at any time if you breach these Terms of Service. In the case that the Terms of Service are breached, you will be required to immediately destroy any information or material printed, downloaded or otherwise copied from the Site.
SmartHires is free to Candidates. Candidates are required to inform SmartHires if the Candidate accepts an offer of employment or a contract engagement (whether for an indefinite or fixed term) with a Company that was identified by the Candidate through our site, within twelve (12) months after identifying the company on our site. The Candidate is required to immediately inform SmartHires of the start date and the key terms of such offer.
For hiring candidates, SmartHires will not charge a success fee. SmartHires charges $299 per month for access to all our candidates. Companies who have not yet raised a Series A pay only $149 per month. This fee is payable, independently on whether a candidate gets hired. This subscription may be terminated at any time, but will run until the end of the paid hiring cycle.
For companies with an active subscription (either by sharing at least one candidate a month or by paying the access fee) by 01/31/2015 and as long as such an active subscription is kept:
If the company refers a new candidate, SmartHires grants access to the candidates for one full referral cycle (1 month), starting at the next cycle start date for free.
You agree to indemnify and hold SmartHires, its employees, its officers, and its agents harmless from and against any and all claims, damages, obligations, losses, liabilities, costs or debt, and expenses (including but not limited to attorney's fees) arising from User's access or use of the Site or from User's violation of this agreement or any third party's rights including but not limited to copyright, property, and privacy rights or related in any way to your use of the Site or the Service. This indemnification and hold harmless obligation will survive this agreement and User's use of the Site.
Our Site contains hyperlinks to other websites operated by parties other than SmartHires, and other resources and advertisers. Such hyperlinks are provided for your convenience only. SmartHires is not responsible for the availability of these external sites and is not responsible for any of the contents, advertising, products, or other materials on such external sites.
We do not endorse any material on such third party websites or any association with their operators. Under no circumstances shall SmartHires be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in connection with the use of or reliance on any content, goods, or services available on such external site. Any concerns regarding any external link should be directed to its site administrator or webmaster.
User shall not recompile, disassemble copy, modify, distribute, transmit, display, circulate, broadcast, perform, reproduce, publish or create derivative works from, transfer, or sell any information, content, software, products, tools or services accessed from this Site. User may not rent, lease, sell, sublicense, lend or in any manner allow any other party to use the Service, with or without consideration. You will not transmit any worms or viruses or any code of a destructive nature to any individual through use of the Site or Service. You will not interfere with or disrupt (or attempt to do so) the access of any User including without limitation by overloading, flooding or spamming the Service or by scripting the creation of content in such a manner which creates an undue burden on the Service or the Site. By viewing the contents of this Site, you agree to this condition of viewing and you acknowledge that any unauthorized use is unlawful and may subject you to civil or criminal penalties.
Users shall be responsible for creating and safe keeping of their login id and password. SmartHires does not have access to User passwords since they are generated randomly on the Site, encrypted and passed on to the User.
User shall bear all responsibility of keeping the password secure and in the event that the User incurs any liability to SmartHires or any other third party as a result of the password being used by third parties, or due to improper use of the password, User shall, without limitation, bear all such liability.
NEITHER PARTY SHALL BE LIABLE UNDER THIS AGREEMENT FOR ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, LOST OR CORRUPTED DATA, LOST PROFITS, LOST BUSINESS OR LOST OPPORTUNITY), OR ANY OTHER SIMILAR DAMAGES UNDER ANY THEORY OF LIABILITY (WHETHER IN CONTRACT, TORT, STRICT LIABILITY OR ANY OTHER THEORY), EVEN IF THE OTHER PARTY HAS BEEN INFORMED OF THIS POSSIBILITY.
User agrees that neither SmartHires nor its directors, agents, associates, affiliates or employees shall be liable for any direct, indirect, incidental, special or consequential damages, resulting from the use/delivery/performance or the inability to use/deliver/perform the Service or for replacement cost or resulting from the services subscribed to or obtained or messages received or transactions entered into through or of User's transmissions or data.
User further agrees that SmartHires shall not be liable for any damages arising from interruption, suspension or termination of the Service, whether such interruption, suspension or termination was justified or not, negligent or intentional, inadvertent or advertent.
User also agrees that User's sole remedy under these Terms of Service is cancellation of the Service which User can elect at any time.
By viewing, using, or interacting in any manner with this Site, including banners, advertising, or pop-ups, and as a condition to User's lawful viewing of the Site, User forever waives all rights to claim any damage or compensation or direct, indirect or consequential loss against SmartHires.
USE OF THE SERVICE IS AT YOUR SOLE RISK. SmartHires IS NOT RESPONSIBLE FOR ANY INCORRECT OR INACCURATE CONTENT POSTED ON THE SITE OR IN CONNECTION WITH THE SERVICE, WHETHER CAUSED BY USERS OF THE SITE OR BY ANY OF THE EQUIPMENT OR PROGRAMMING ASSOCIATED WITH OR UTILIZED IN THE SERVICE. SmartHires IS NOT RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SITE OR SERVICE. SmartHires ASSUMES NO RESPONSIBILITY FOR ANY ERROR, OMISSION, INTERRUPTION, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMMUNICATIONS LINE FAILURE, THEFT OR DESTRUCTION OR UNAUTHORIZED ACCESS TO, OR ALTERATION OF, USER COMMUNICATIONS. SmartHires IS NOT RESPONSIBLE FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY TELEPHONE NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS OR PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, FAILURE OF EMAIL OR PLAYERS ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ON THE INTERNET OR AT ANY WEBSITE OR COMBINATION THEREOF, INCLUDING INJURY OR DAMAGE TO USERS OR TO ANY OTHER PERSON'S COMPUTER RELATED TO OR RESULTING FROM PARTICIPATING OR DOWNLOADING MATERIALS IN CONNECTION WITH THE WEB AND/OR IN CONNECTION WITH THE SERVICE. UNDER NO CIRCUMSTANCES WILL SmartHires BE RESPONSIBLE FOR ANY LOSS OR DAMAGE, INCLUDING PERSONAL INJURY OR DEATH, RESULTING FROM ANYONE'S USE OF THE SITE OR THE SERVICE, ANY CONTENT POSTED ON THE SITE OR TRANSMITTED TO USERS, OR ANY INTERACTIONS BETWEEN USERS OF THE SITE, WHETHER ONLINE OR OFFLINE. THE SITE AND THE SERVICE ARE PROVIDED "AS-IS" AND "AS AVAILABLE" AND SmartHires MAKES NO WARRANTIES OF ANY KIND RELATING TO THE SERVICE AND EXPRESSLY DISCLAIMS ANY AND IMPLIED WARRANTIES, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT. SmartHires CANNOT GUARANTEE AND DOES NOT PROMISE ANY SPECIFIC RESULTS FROM USE OF THE SITE AND/OR THE SERVICE. SmartHires DOES NOT WARRANT THAT (i) THE SERVICE OR SITE WILL MEET YOUR SPECIFIC REQUIREMENTS, (ii) THE SERVICE OR SITE WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERR0R-FREE, (iii) THE INFORMATION VIEWED ON THE SITE OR THROUGH THE SERVICE WILL BE ACCURATE, RELIABLE, TRUTHFUL OR COMPLETE, (iv) THE QUALITY OF ANY PRODUCTS OBTAINED OR PURCHASED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS, OR (v) ANY ERRORS IN THE SERVICE OR SITE WILL BE CORRECTED. SmartHires DOES NOT WARRANT THE QUALITY OR CONDITION OF ANY PRODUCT OBTAINED ON THE SITE OR THROUGH THE SERVICE.
SmartHires shall not be liable for any failure or departure from any duty which has happened due to circumstances beyond its reasonable control which includes but is not limited to natural disasters such as floods, earthquakes, acts of god, war, terrorism, religious and other riots, economic and technological embargoes etc.
You understand and agree that we interact with our Users electronically and, therefore, we may provide you with required notices and terms electronically, either by sending you an e-mail to the address that you have provided to us, or by posting a notice on the Site.
By using the Site or registering with us, you represent that you have the necessary equipment, software and internet access to read, review, print and store any terms or notices that we provide to you. Your affirmative act of accessing and using the Site or the Service and/or accepting the Terms of Service constitutes your electronic signature to this Agreement. You acknowledge and agree that your electronic acceptance of these Terms of Service constitutes an enforceable contract.
The Terms of Service constitute the entire agreement between you and SmartHires and supersede all prior or contemporaneous negotiations, discussions or agreements between you and SmartHires about the Service or the Site. We may assign this contract, in whole or in part, at any time, with or without notice to you. You may not assign this contract, or any part of it, to any other person. If any provision of this agreement shall be held to be invalid or unenforceable for any reason, the remaining provisions shall continue to be valid and enforceable. If a court finds that any provision of this agreement is invalid or unenforceable, but that by limiting such provision it would become valid or enforceable, then such provision shall be deemed to be written, construed, and enforced as so limited.
SmartHires's failure to exercise or enforce any legal right or remedy contained in the Terms of Service (or that SmartHires has the benefit of under any applicable law)shall not constitute a waiver of SmartHires's rights and that those rights or remedies will still be available. Any waiver of any provision of these Terms pf Service will be effective only if SmartHires expressly states in a signed writing that it is waiving a specified term or policy in your favor.
We are happy to do business with you.