LAST UPDATED: September 9, 2016.
The provisions of this Section II of the Agreement are specific to Users that use the Service as employers, which includes direct employers, staffing agencies, and other companies using the Service (collectively, “Employers”).
How the Service Works. When you create an account to use the Service as an employer and pay the applicable fees, you will have access to applicant management tools for no additional cost and the ability to use the CareerFit Engine (as further described on the Website), the recommendation tools that help you find Job Seekers who best match your stated criteria and infographic views of candidates for an easy visual comparison of candidates.
Fees and Cancellations. The fees to access the Website and Services are as set out on the Website ("Fees"). The Fees are based on the number of job postings (“Openings”) the Employer is permitted to create in its use of the Services.
Unless stated otherwise on the Website or agreed by Alongside in writing, the Fees shall be payable by the Customer monthly in advance, in the manner set out on the Website.
All Fees are exclusive of sales tax, VAT and all other taxes or duties (“Taxes”), and all taxes are payable by You in addition to the Fees listed on the Website. The Fees are not refundable in any circumstances.
The Fees may be increased by Alongside upon not less than thirty (30) days prior written notice to the Employer, which notice may be provided through the Website.
No Endorsement or Verification. It is the Employer's sole responsibility to verify whether the qualifications and expertise of any particular Job Seeker are accurate through asking questions or requesting certifications directly from the Job Seeker. Alongside only facilitates the engagement of Employers with Job Seekers based on likelihood that the Job Seeker’s qualifications will meet an Employer’s requirements. We do not endorse any of the Job Seekers using the Website, and we do not and cannot verify the factual content of any Job Seeker's resume or other information provided by Job Seekers nor do we carry out any background checks or pre-vetting of anyone who joins the Service, including Job Seekers. We do not endorse You therefore acknowledge and agree that if You elect to engage with any Job Seeker, such dealings are solely between You and the Job Seeker and Alongside shall not have any responsibility or liability for any losses or damages that You may incur as a result of any such dealings.
Compliance with Laws. You hereby agree, in using the Services to comply with all applicable local laws rules and regulations, including labour and employment laws when using the Website to recruit and engage the services of Job Seekers, as well as during such Job Seeker’s employment with you (if any).
The provisions of this Section of the Agreement are specific to Users that use the Service as job seekers, prospective employees or employees (collectively, “Job Seekers”).
Applying for a job. As a Job Seeker, you can (i) apply for jobs ("Job Applications") that are listed by the Employer, (ii) upload your resume to the Resume Database. You have the ability to choose how to submit your Job Application through the Service using the options offered through the Service.
Please note that once you have submitted a Job Application your resume and other applicable information will be shared with the Employer that posted the Job Listing. You should therefore ensure that the information you provide is complete and accurate, and only contains information you are comfortable sharing with Employers.
If you submit a resume, you acknowledge that we may 'parse' the resume into another format that enables searchable text for an Employer. The Employer will also be able to see your resume in the form in which you originally submitted it to Alongside.
Resume database. In addition to submitting Job Applications through the Service, you can elect to include your resume as part of the Service's resume database (the, "Resume Database"). If you elect to do this, Employers who have access to the Resume Database will be able to access and view your resume and the contact information you provide on your resume. For purposes of this Agreement, references to "resume" shall also mean, a curriculum vitae and other similar written overviews of a person's experience and other qualifications that are uploaded to the Resume Database.
You can opt-out of including your resume in the Resume Database at any time by adjusting the settings in your Job Seeker account and we will remove your resume from the Resume Database as soon as reasonably practicable. However, if an Employer has already accessed your resume through the Resume Database and copied or saved your resume, that Employer will continue to have access to your resume and all information you included in your resume as it was included in the Resume Database.
Employee and employer interaction. Alongside provides a platform to connect Employers with Job Seekers. We do not create jobs and do not exercise control over any of the Employers who post jobs on the Website. We do not guarantee that you will obtain any position of employment, either as an employee or a contractor a a result of your use of the Website. Any agreement or contract, whether written, oral or otherwise, made between you and an Employer is between you and that Employer, and Alongside is not a party to any such transaction.
You are solely responsible for your interactions with Employers that you contact, or that contact you. We do not and cannot monitor job postings and are not responsible for determining or ensuring compliance with any local laws in connection with employment standards. We do not and cannot confirm that Employers are who they claim to be, and assume no liability and expressly disclaim responsibility for the content, accuracy, completeness, legality, reliability of any job posting. We strongly encourage you to use common sense and good judgment before submitting an application for any job posting. For example, do not apply for any positions that require to you to pay to apply, pay for training or pay for training materials.
Please note that there are risks, including but not limited to the risk of physical harm, that may arise when dealing with strangers, including persons who may be acting under false pretenses. You should therefore use caution with regard to the information you elect to share as part of your User Profile or in a Job Application or resume that you provide through the Service. Only list the contact information that you are comfortable disclosing to Employers and other Users of the Service.
Although Alongside requests that Employers maintain the confidentiality of the Job Applications and resumes they receive through the Service, Alongside cannot and does not guarantee that the information you provide to Employers through the Service as part of a Job Application, onboarding process, employee or benefits management process, or via a resume, will be held in confidence or properly secured by each applicable Employer. In addition, Alongside takes no responsibility and assumes no liability for any Job Listing, onboarding or other employee-related documents, human resources information, or insurance information that any Employer posts, sends or provides via the Service. You agree that Alongside is not responsible or liable for the conduct of any Employer.
Your Conduct. In using the Website and Service You shall not:
User Conduct Guidelines: In using the Website and Services, you agree that you will:
We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements.
Changes to the Service or Website. We reserve the right to alter, suspend, or discontinue this Website and/or the Service at any time and for any reason or no reason. In such cases, we will endeavour to give notice of such changes on the Website. The Website may also be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Alongside may periodically add or update the information and materials on this Website without notice.
Feedback: Website and/or Service. If You provide Alongside with any suggestions, comments or other feedback ("Feedback") relating to the Website and/or Service, Alongside may use such Feedback in the Website or in any other Alongside products or services (collectively, "Alongside Offerings"). Accordingly, You agree that: (a) Alongside is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to Alongside, (c) Alongside (including all of its successors and assigns and any successors and assigns of any of the Alongside Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Alongside Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from Alongside or any of the users of the Website.
Links to Third-Party Websites. This Website may contain links to other websites that are not owned or controlled by Alongside. Alongside is not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any non-Alongside websites does not imply that Alongside endorses or accepts any responsibility for the content or use of such websites.
Disclaimer. THE SERVICE, INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED "AS IS." SPECIFICALLY, BUT WITHOUT LIMITATION, ALONGSIDE DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
ALONGSIDE SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE OR THAT YOU WILL OBTAIN ANY PARTICULAR RESULT FROM YOUR USE OF THE WEBSITE, INCLUDING WITHOUT LIMITATION THAT YOU WILL FIND A POSITION OF EMPLOYMENT AS A JOB SEEKER OR THAT YOU WILL FIND SUITABLE EMPLOYEES IF YOU ARE AN EMPLOYER.
ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. ALONGSIDE DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND ALONGSIDE SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL ALONGSIDE BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. ALONGSIDE WILL NOT BE LIABLE AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE AND WEBSITE, INCLUDING WITHOUT LIMITATION, THE CONTENT OF ANY DISCUSSIONS, USER INTERATIONS, NEGOTIATIONS, JOB OFFERS, JOB POSTINGS, RESUME CONTENT, OR ANY OTHER USER CONTENT OR THE ACTIONS OR OMISSIONS OF ANY EMPLOYER OR JOB SEEKER, OR THE UNSUITABILITY OF ANY JOB HUNTER FOR A JOB. THESE LIMITATIONS SHALL APPLY EVEN IF ALONGSIDE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
Release. Because Alongside does not supervise or control interactions between Employers and Job Seekers, and because Alongside cannot guarantee the true identity, age, nationality of Job Seekers, and because Alongside has very limited control, if any, over the quality, safety, morality, legality, truthfulness or accuracy of various aspects of the Website You agree that You bear all risk and You agree to release Alongside (and their officers, directors, shareholders, agents, employees, affiliates, subsidiaries, and third party partners) (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, now and in the future, arising out of or in any way connected with Your use of the Website and Your interactions and transactions with Job Seekers. You further waive any and all rights and benefits otherwise conferred by any statutory or nonstatutory law of any jurisdiction that would purport to limit the scope of a release or waiver.
Termination. Alongside may, under certain circumstances and without prior notice, immediately terminate Your ability to access the Website or portions thereof. Cause for such termination shall include, but not be limited to, (a) breaches or violations of this Agreement (including, without limitation, non-payment of any fees owed in connection with the Website or otherwise owed by You to Job Seekers), (b) requests by law enforcement or other government agencies, (c) a request by You, (d) discontinuance or material modification to the Website (or any part thereof), (e) unexpected technical, security or legal issues or problems, and/or (f) participation by You, directly or indirectly, in fraudulent or illegal activities. You acknowledge and agree that all terminations may be made by Alongside in its sole discretion and that Alongside shall not be liable to You or any third-party for any termination of Your access to this Website or for the removal of any of the materials uploaded by You to the Website. Any termination of this Agreement by Alongside shall be in addition to any and all other rights and remedies that Alongside may have. Upon termination for any reason or no reason, you continue to be bound by this Agreement.
Security. Information sent or received over the Internet is generally unsecure and Alongside cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
Enforcement of Terms. If any part of this Agreement is held to be unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions. The failure of Alongside to exercise or enforce any right or provision under this Agreement shall not constitute a waiver of such right or provision. Any waiver of any right or provision by Alongside must be in writing and shall only apply to the specific instance identified in such writing. No waiver by Alongside of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision. You agree that any cause of action that You may have arising out of or related to this Website or Your use of this Website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.
Copyright and Trademark Information. This Website, and the information and materials that it contains, are the property of Alongside and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, international conventions and other intellectual property laws. All Alongside product names and logos are trademarks or registered trademarks of Alongside. Nothing contained on this Website should be construed as granting, by implication, estoppel, or otherwise, any license or right to use this Website or any materials displayed on this Website, through the use of framing or otherwise, except: (a) as expressly permitted by these terms and conditions; or (b) with the prior written permission of Alongside. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website.
Assignment. This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by Alongside without restriction.
If you have any questions about this Agreement or the Website or Service, please contact us at: [email protected].