1.1 These terms and conditions ("Terms") govern your use of the HireGate software and website (the "Service") provided by HireGate, LLC. By accessing or using the Service, you agree to be bound by these Terms. If you do not agree to these Terms, you may not use the Service.
1.2 These Terms set forth the legally binding terms and conditions for your use of the Service. By accessing or using the Service, you confirm that you accept these Terms and that you agree to comply with them. By using the Service, you also confirm that you have read and understood these Terms, and that you understand that your use of the Service is subject to the restrictions and obligations outlined in these Terms. If you do not agree to these Terms, you must not use the Service and must immediately stop accessing or using it. Any further use of the Service will be considered a violation of these Terms and may result in termination of your access to the Service.
1.3 HireGate reserves the right to make changes to these Terms at any time. These changes may be made to reflect changes in laws or regulations, to reflect changes in the Service or to improve the user experience. If HireGate makes changes to these Terms, it will provide notice of such changes. The notice may be in the form of an email, a notice on the Service, or an update to the "Last Updated" date at the top of these Terms. It is important that you review these terms regularly to ensure that you are aware of any changes. Your continued use of the Service following the posting of changes to these terms means you accept the changes and are bound by the new terms. If you do not agree to the changes, you must stop using the Service.
1.4 These Terms apply specifically to the use of the Service and do not affect any other agreements or contracts that you may have with HireGate or its affiliates for other products or services. If you are using the Service on behalf of an entity, such as an employer or a company, you represent and warrant that you have the authority to bind that entity to these terms and conditions and that the entity will be responsible for any violations of these terms by you or any other employees or representatives. Additionally, you agree to indemnify HireGate and its affiliates for any claims or damages arising from any violations of these terms by you or any other employees or representatives of the entity. It is important that you have the proper authorization and understanding of the legal obligations before accepting these terms on behalf of any entity.Service Description
2.1 The Service is an online platform that enables recruiters to organize and store candidate information sourced from various job boards and other recruiting platforms. The Service allows recruiters to efficiently manage and track their recruitment process by providing features such as creating candidate pipelines, tracking potential candidates, and communicating with them through the platform. Additionally, the platform offers the ability to store and organize resumes and contact information, schedule interviews, take notes on candidates and send automated communication to candidates. The Service is designed to streamline the recruitment process and make it more efficient for recruiters.
2.2 The Service is also designed to be user-friendly and easy to navigate. It provides recruiters with a centralized location to store and manage all of their candidate information, making it easy to access and update information as needed. This allows recruiters to have all of the relevant information at their fingertips, which can help them make informed decisions and move the recruitment process forward quickly.
2.3 Additionally, the Service offers various customization options that allow recruiters to tailor the platform to their specific needs. These include the ability to create custom fields and forms, set up automated workflows, and create custom reports. This allows recruiters to streamline their recruitment process even further and make it even more efficient by customizing the platform to match their specific recruitment process and requirements. Furthermore, the customization options also help recruiters to manage and track their recruitment process in a more organized and effective manner. This can include setting up custom pipelines to track candidates, customizing the way they view resumes and contact information, and creating custom reports to analyze their recruitment efforts. Overall, the customization options provided by the Service help recruiters to optimize their recruitment process and achieve better results.
2.4 The Service also includes robust security features to ensure that candidate information is kept confidential and secure. This includes the use of industry-standard encryption for all data transmission and storage, secure servers that are regularly monitored and updated to protect against potential threats, and regular backups to protect against data loss. Additionally, the Service may have user-level access controls, so recruiters can control who has access to specific candidate information. These security measures are in place to ensure that recruiters can have peace of mind that their candidate information is safe and protected, and that any sensitive information is kept confidential. Furthermore, HireGate also regularly audits its systems to ensure that security protocols are being followed and to identify and correct any potential vulnerabilities.
2.5 The Service also provides a dedicated customer support team that is available to help and assist recruiters with any questions or issues they may have with the platform. The customer support team is available to help with any technical issues or provide guidance on how to best use the platform to improve the recruitment process. They can assist with troubleshooting, training, and provide best practices for using the platform to its full potential. They can also assist with any questions or concerns about data protection, security and compliance. Additionally, HireGate may offer additional customer support services such as training, consultation and onboarding to ensure that recruiters are able to get the most out of the platform and that their recruitment process is as efficient and effective as possible.Use of Service
3.1 The Service is provided to you for lawful purposes only. You agree to use the Service only for purposes that are permitted by these Terms and any applicable laws, regulations, or guidelines.
You agree not to use the Service to:
Violate any applicable federal, state, local, or international law or regulation.
Exploit, harm, or attempt to exploit or harm minors in any way by exposing them to inappropriate content, asking for personally identifiable information, or otherwise.
Transmit, or procure the sending of, any advertising or promotional material, including any "junk mail," "chain letter," "spam," or any other similar solicitation. Impersonate or attempt to impersonate HireGate, a HireGate employee, another user, or any other person or entity. Engage in any other conduct that restricts or inhibits anyone's use or enjoyment of the Service, or which, as determined by HireGate, may harm HireGate or users of the Service or expose them to liability.
Engage in any activity that disrupts or interferes with the normal operation of the Service.
By using the Service, you agree to comply with these restrictions and will not use the Service in any way that is prohibited by these terms and conditions.
3.2 Accessing the Service may require the use of third-party services such as internet service providers or mobile data services. These services may come with their own fees and charges, which you will be responsible for paying. This includes any fees associated with the display or delivery of advertisements on the Service. Additionally, you are responsible for providing and maintaining all equipment necessary to access the Service, such as a compatible device and internet connection. HireGate will not be held liable for any costs or damages incurred as a result of accessing the Service through third-party services or equipment. By using the Service, you acknowledge and agree that you are solely responsible for any costs or fees associated with accessing the Service and that HireGate will not be held liable for any such costs or fees.
3.3 By using the Service, you represent and warrant that you have legal rights to the candidate information you provide and that it does not infringe on the privacy rights, publicity rights, copyrights, contract rights or any other rights of any person. You agree to comply with all applicable laws and regulations related to data protection, including obtaining all necessary consents and disclosures from candidates regarding the collection, use, and storage of their personal information. HireGate is compliant with all relevant data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA) and will take all necessary measures to protect candidate data, including implementing appropriate security measures and regularly monitoring compliance with data protection laws. In the event that HireGate becomes aware of any violation of data protection laws or regulations by a user of the Service, HireGate reserves the right to terminate or limit access to the Service. It is the user's responsibility to ensure that they follow all relevant data protection laws and regulations when using the Service.Limitation of Liability
6.1 In no event will HireGate, its affiliates, or their respective officers, directors, employees, agents, or licensors be liable for any indirect, incidental, special, consequential, or punitive damages, or any loss of profits or revenues, whether incurred directly or indirectly, or any loss of data, use, good-will, or other intangible losses, resulting from (i) your access to or use of the Service, (ii) any errors or inaccuracies in the information provided by the Service, (iii) any unauthorized access or use of our servers and/or any personal information stored therein, (iv) any interruption or cessation of transmission to or from the Service, (v) any bugs, viruses, Trojan horses, or the like which may be transmitted to or through the Service by any third party, and/or (vi) any errors or omissions in any content or for any loss or damage of any kind incurred as a result of the use of any content posted, emailed, transmitted, or otherwise made available via the Service.
6.2 HireGate takes data protection seriously and has implemented measures to ensure compliance with all relevant data protection laws, including the General Data Protection Regulation (GDPR) and the California Consumer Privacy Act (CCPA). These measures include, but are not limited to, implementing appropriate technical and organizational measures to protect personal data, conducting regular data protection impact assessments, and appointing a data protection officer. However, HireGate will not be liable for any violation of data protection laws or regulations by a user of the Service. It is the user's responsibility to ensure that they are following all relevant data protection laws and regulations when using the Service. This includes obtaining the necessary consent for the collection, processing, and storage of personal data, ensuring that personal data is accurate and up-to-date, and implementing appropriate measures to protect personal data from unauthorized access or disclosure. Users of the Service should also ensure that they have appropriate contracts and policies in place with any third-party processors of personal data used in conjunction with the Service.
6.3 HireGate makes no representation or warranties of any kind, express or implied, as to the operation of the Service, the information, content, materials, or products included in the Service. HireGate does not warrant that the Service will be uninterrupted or error-free, and will not be liable for any interruptions or errors that may occur. HireGate will also not be liable for any inaccuracies or errors in the information provided by the Service, or for any loss or damage of any kind incurred because of the use of the Service. The Service is provided on an "as is" and "as available" basis, and HireGate does not guarantee the availability or reliability of the Service. Users of the Service use it at their own risk and accept that the Service may be subject to limitations, delays, and other issues.
6.4 Essentially, this statement is outlining the maximum amount of liability that HireGate, its affiliates, and their respective officers, directors, employees, agents, or licensors will be held responsible for in the event that they are found liable for any damages. This means that if a user experiences any damages, losses, or causes of action as a result of using the Service, the most that HireGate and its associated parties will be held liable for is the amount of money that the user paid to access the Service. This is a standard limitation of liability clause that is commonly included in the terms and conditions to limit the amount of financial responsibility that a company is willing to take on in the event of damages or losses.
6.5 You agree to indemnify and hold HireGate, its affiliates, and their respective officers, directors, employees, agents, and licensors harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your violation of these Terms, or your violation of any rights of another.
6.6 These limitations of liability are intended to fully comply with all applicable laws in the jurisdiction in which HireGate operates. This means that the limitations of liability shall apply to the fullest extent allowed by law and will not be limited or restricted in any way that would be contrary to applicable laws. These limitations of liability are intended to protect HireGate from excessive or unjustified claims, while still providing a fair and reasonable remedy for any actual losses or damages incurred by users of the Service.Termination of Service
7.1 By agreeing to these terms and conditions, you are agreeing to comply with all laws, regulations, and guidelines, as well as the terms set forth in these Terms. Any violation of these terms or engaging in conduct that HireGate, in its sole discretion, believes is in violation of any applicable law or regulation or is harmful to the interests of HireGate or other users of the Service may result in termination or limitation of your access to the Service.
7.2 If you wish to terminate your contract with HireGate, you are required to provide written notice to HireGate at least 60 days prior to the end of your contract term. Failure to provide this notice will result in your contract automatically renewing for another year. This is to ensure that HireGate has enough time to make any necessary arrangements and to ensure a smooth transition for both parties.
7.3 HireGate reserves the right to modify or discontinue the Service at any time, with or without notice to you. This means that HireGate may make changes to the Service, such as adding new features or removing existing ones, at any time. This also means that HireGate may discontinue the Service altogether, with or without notice to you. This is to ensure that HireGate is able to continuously improve the Service and provide the best possible experience for users.Governing Law
9.1 These Terms shall be governed and construed in accordance with the laws of the United States, without regard to its conflict of law provisions. This means that any disputes arising from or related to these Terms, or the Service will be resolved according to the laws of the United States, and not the laws of any other country or jurisdiction. Additionally, any legal action or proceeding arising out of or related to these Terms or the Service must be brought in a federal or state court located in the United States, and you consent to the exclusive jurisdiction and venue of such courts. This choice of law and forum provision is intended to be self-executing and will be enforced by the courts, regardless of whether a party raises the defense of lack of personal jurisdiction, improper venue, or forum non conveniens.
9.2 Any dispute arising out of or in connection with these Terms, including any question regarding its existence, validity, or termination, shall be referred to and finally resolved by arbitration in accordance with the JAMS Comprehensive Arbitration Rules and Procedures then in effect. The arbitration shall be conducted in the United States. The arbitration will be conducted by a single arbitrator appointed in accordance with the JAMS rules. The arbitration will be held in a location that is mutually agreed upon by the parties. The parties will share the costs of the arbitration equally. The arbitration proceedings will be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures in effect at the time of the arbitration. The arbitration proceedings will be conducted in English. The arbitration award will be final and binding on the parties.
9.3 The statement in question is outlining the process for resolving any disputes that may arise between you and HireGate regarding the use of the Service or these Terms. It specifies that any such disputes will be settled through arbitration, rather than through a traditional court process.
The arbitration will be conducted in accordance with the JAMS Comprehensive Arbitration Rules and Procedures. JAMS, or Judicial Arbitration and Mediation Services, is a private dispute resolution provider that offers arbitration and mediation services.
The arbitration will be conducted by a single arbitrator, which will be agreed upon by both parties, or if the parties cannot agree, appointed by JAMS. This means that a neutral third party will be responsible for hearing the case and making a final decision.
The arbitrator will have the power to grant any remedies that would be available in court. This means that the arbitrator will have the authority to make a decision and award damages or other remedies just as a judge would in a court of law.Contact Us
10.1 If you have any questions about these Terms, please contact us at [email protected]
10.2 These Terms constitute the entire agreement between you and HireGate regarding the use of the Service.
10.3 If any provision of these Terms is held to be invalid or unenforceable, such provision shall be struck, and the remaining provisions shall be enforced.
10.4 You may not assign or transfer any of your rights or obligations under these Terms without the prior written consent of HireGate. Any attempt by you to assign or transfer any of your rights or obligations under these Terms, without such consent, will be null and void.
10.5 HireGate may assign or transfer any or all rights or obligations under these Terms, without restriction.
10.6 These Terms shall be binding upon and inure to the benefit of the parties hereto and their respective successors and assigns.