Last updated: Feb 20, 2014
BETA TEST AGREEMENT
ACCESS TO, USE OF, OR PARTICIPATION IN THE HIREQ BETA WEBSITE AND ANY CONTENT IN ANY MANNER, INCLUDING MERELY BROWSING OR ACCESSING THE HIREQ BETA WEBWITE, CONSTITUTES YOUR ACCEPTANCE AND AGREEMENT TO THE TERMS OF THIS AGREEMENT. PLEASE READ THIS AGREEMENT THOROUGHLY AND MAKE SURE YOU UNDERSTAND THE TERMS AND CONDITIONS HEREIN BEFORE ACCEPTING THEM. IN CASE OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE AUTHORITY TO LEGALLY BIND YOUR ORGANIZATION TO THIS AGREEMENT, AND YOUR ORGANIZATION AND YOU INDIVIDUALLY WILL BE BOUND BY THE OBLIGATIONS AND RESTRICTIONS OF THIS AGREEMENT.
IF YOU DO NOT ACCEPT THE TERMS OF THIS AGREEMENT OR DO NOT WISH TO BE BOUND BY THEM, YOU MUST CEASE ACCESS AND USE OF THE HIREQ BETA WEBSITE, IMMEDIATELY. HIREQ WILL ONLY PERMIT YOU TO ACCESS AND USE THE HIREQ BETA WEBSITE AND UPON ACCEPTANCE OF THIS AGREEMENT.
The following terms comprise a legal agreement between you and HireQ Inc. (“HireQ”), a Canadian corporation located at Richmond Hill, Ontario. Unless you and HireQ have otherwise agreed in writing, this Agreement will govern your access and use of the HireQ Beta Website (the “Website”) and resources whether used in connection with other products or services, or independent of them. Use of other HireQ products or services will be subject to an appropriate written agreement or click-through license provided, and are separate from this Agreement.
1. Your use and access to the Website and all related content made available to you through the Website are subject to the terms of this Agreement. HireQ is the owner or licensor, of all Content (unless otherwise stated), which are protected by Canadian law and applicable international laws, treaties, and conventions regarding intellectual property or proprietary rights. Except as expressly stated herein, the terms of this Agreement does not transfer any rights to redistribute or prepare derivative works from, or any other ownership interest in, the Website and all related Content.
“Beta Testing” means the process to validate the performance, quality, and reliability of all aspects of the Content, by testing early releases (including any alpha, beta or prerelease versions) of the software, geographic data, imagery, applications or services in a wide variety of application environments prior to final release that includes, but is not limited to, testing and reporting by you.
“Content” means software, geographic data, imagery, applications, and services owned by HireQ made available through the HireQ Website, and any communication or feedback among the parties related to the Beta Testing and any Project(s).
“Feedback” means suggestions or comments regarding performance, stability or effectiveness, bug reports, test reports, or other feedback to HireQ related to the Beta Testing.
“Forum” means an online discussion site, chat area, bulletin board, electronic or similar means of communication among beta participants, HireQ and you.
“Provider(s)” means the third-party provider(s) of Content including HireQ’s licensors, data and imagery providers, and service providers.
3. LICENSE GRANT AND RESTRICTIONS
3.1 Beta Testing Grant. You may use the Website, and Content only for your internal purposes for testing and evaluation of the Website. You may download, view, copy and print Content for purposes of Beta Testing subject to the terms of this Agreement. HireQ may permit you to participate in other beta testing project(s), but may deny your participation in such other project(s). The Content may be freely available to you for participation in Beta Testing, but it is not in the public domain unless specified as such. This Agreement does not provide you with any rights to redistribute, prepare derivative works from, or acquire ownership interest in the Website, or Content.
3.2 Improper Use of Beta Website. Any rights not granted herein or otherwise agreed to in writing between you and HireQ are prohibited. In particular, you may not (or attempt to) (a) access content not made available to you through a standard web browser or HireQ’s products and services; (b) reverse-engineer, decompile, access, or hack the Website or Content not made readily available to you (without consideration given to how reasonable the means used are to keep such secure); (c) use the Website or Content in such a manner as to adversely affect HireQ’s commercial interests; (d) alter, obstruct, or remove any proprietary rights notices provided with the Website or Content; (e) manually or systematically harvest information contained within the Website or Content; (f) use the Website or Content in for illegal, improper, or inappropriate purposes (including but not limited to defamation or harassment of others; abusive language; distribution of obscene or indecent material; stalking; or distribution of content in violation of the proprietary rights of others); or (g) disclose or share your account information including your password with any third parties without the prior consent of HireQ. You may not blog, disclose or discuss any aspect of the Website or Content using any other social media or any other means except as expressly permitted under the terms of this Agreement or as permitted in an authorized HireQ forum on the Website. You are not permitted to sell your account information or to re-sell access to the Website or Content in any way. Any of the foregoing, whether merely attempted or successfully executed, is a material breach of this Agreement.
3.3 Trademarks and Logos. “HIREQ”, the Q logo, and other marks used in the Website are trademarks or registered trademarks of HireQ Inc. Other names appearing on the Website may be trademarks or registered trademarks of their respective trademark owners. These marks may only be used where authorized by HireQ or as permitted by law. Any use not authorized by HireQ shall be considered a material breach of this Agreement.
3.4 Third-Party Data and/or Imagery Licensing Terms and Use Restrictions. Content provided by the Website may contain third-party data and/or imagery. Use of third-party data and/or imagery may be subject to such third party’s License Agreement or additional use restrictions. You are responsible for compliance with all applicable third party license agreement(s). The third party license agreement(s) and any applicable use restrictions may be modified by HireQ from time to time and it is your responsibility to check for updates to these license agreements or use restrictions. If a modification to any third party license agreement or use restrictions is unacceptable, you may cancel your access upon written notice to HireQ or discontinue use of the Website. Continued use of the Website will be deemed acceptance of any modifications.
3.5 Sharing Your Information in a Forum. In the event you elect to participate in a community beta forum with other participants, you may upload or publish your comments and share information as provided in the Website subject to Section 4, Privacy and Personal Accounts. You are advised that information posted on the forum is the opinion of the author and may be inaccurate, misleading, or deceptive. HireQ is not responsible for the accuracy of any comments or information made available in the forum, including without limitation errors or omissions in forum comments and information or links, data or imagery included or embedded in forum information. HireQ disclaims any liability with respect to the forum, and will not be liable for any loss or damage caused by your reliance on such comment or information posted to the forum. You may not share information that is confidential to you or to HireQ in any publicly accessible forum, and you represent and warrant that you have the right to submit any comments or information that you publish to the forum.
3.6 Grant of License to HireQ. If accepted as a beta tester, you may be asked to provide feedback. You acknowledge and agree that feedback may contain confidential information and trade secrets that are proprietary to HireQ. You agree to use commercially reasonable means (at least as great as those used by you for your own confidential information) to maintain the integrity, confidentiality, and HireQ proprietary rights in the feedback. You hereby grant to HireQ the right to freely copy, store, cache, use, share, disclose, reproduce, license, distribute and otherwise publicly display and perform any comments or information submitted to a forum or feedback provided to HireQ by you. You will not provide comments to a forum or feedback to HireQ that you know or reasonably should have known contains content subject to license or use restrictions. You further agree to grant to HireQ a revocable, non-exclusive, worldwide, royalty-free license to use your business name, trademarks or logos, for the purposes of announcing or promoting your participation in Beta Testing the Website. HireQ has no obligation to announce or promote your participation in Beta Testing the Website, but reserves the right to do so at its sole discretion.
4. PRIVACY AND PERSONAL ACCOUNTS
4.1 Compliance with Privacy Laws. As used in this Section, “Privacy Laws” means applicable laws relating to privacy and the collection, use and disclosure of Personal Information in all applicable jurisdictions, including the Personal Information Protection and Electronic Documents Act (Canada) and/or any comparable provincial law, and “Personal Information” means information about you, but does not include your name, telephone number, address, or email. Anonymous or de-identified information collected by HireQ through the Website also does not constitute Personal Information, and may be used for technical, research and analytical purposes. Unless the purposes for collecting Personal Information are obvious and you voluntarily provide your personal information for those purposes, HireQ will communicate the purposes for which Personal Information is being collected before or at the time of collection. HireQ will only use or disclose Personal Information where necessary to fulfill the purposes identified at the time of collection. HireQ will not use or disclose Personal Information for any additional purpose unless your consent to do so is obtained. HireQ shall at all times keep strictly confidential all Personal Information provided to it, and will ensure that access to the Personal Information shall be restricted to those personnel who have a bona fide need to have access to that information. HireQ will make reasonable efforts to ensure your Personal Information is accurate and complete and you may also make any corrections as needed to your Personal Information in order to ensure its accuracy and completeness. Personal Information will only be retained by HireQ for as long as necessary to fulfill the identified purposes.
4.2 Passwords and Account Information. Some parts of the Website may require you to create and use a personal account to access the Content or services provided. You are responsible for maintaining the confidentiality of the password for your personal account and are fully responsible for all activities that occur under your personal account unless access to your account number, account name, or password was obtained through no fault or negligence of your own. You agree to the following:
(a) You will provide truthful and accurate information at all times when using the Website.
(b) You understand that using a false or incomplete name or e-mail address, impersonating any person or entity, or falsely stating or otherwise misrepresenting your affiliation with a person or entity will result in immediate removal of your personal account and termination of any rights provided herein.
(c) The account’s name and e-mail address must be specific to you–personal account if a job seeker or your company email address if an employer (we do not allow employers to use webmail or temporary accounts) may not be shared with other users.
(d) You understand that sharing account information or allowing others to access your account will result in removal of your personal account.
(e) You will notify HireQ of any unauthorized use of your password or account or any other breach of security as soon as you become aware of such use or breach.
(f) You will log off from account at the end of each session.
HireQ shall not be liable for any loss or damage arising from your failure to comply with this section.
4.3 Termination of Beta Tester Account. HireQ reserves the right to monitor use of the Website. HireQ reserves the right to suspend or cancel your account or access to the Website at any time, or take any other appropriate measures in our legal capacity to enforce the terms of this Agreement. If you have your personal account removed for non-compliance, you may not be allowed to return or create a personal account in the future.
5. EXCLUSION OF WARRANTIES AND LIMITATION OF LIABILITY
5.1 Exclusion of Warranties. THE WEBSITE AND CONTENT PROVIDED ON ARE PROVIDED ON AN “AS IS” BASIS, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN PARTICULAR, YOU UNDERSTAND THAT HIREQ AND ITS LICENSORS DOES NOT WARRANT OR REPRESENT THAT THE CONTENT, SERVICES, OR BOTH PROVIDED ON THE WEBSITE WILL BE:
(a) available to you uninterrupted in a secure form;
(b) accurate or free from error; OR
(c) fit to use in your application, for your purposes, or according to your requirements or needs.
HIREQ IS UNDER NO OBLIGATION TO CORRECT ANY ERRORS OR INCONSISTENCIES IN THE SERVICES.
5.2 Limitation on Liability. HIREQ SHALL NOT BE LIABLE FOR DIRECT, INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES RELATED TO YOUR DECISION TO ACCESS AND USE ANY OF THE SERVICES OR CONTENT PROVIDED ON THE WEBSITE, EVEN IF HIREQ IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY.
5.3 Links to Third-Party Sites. The Website may contain links to other websites owned and operated by third-parties. These websites are not under HireQ’s control and HireQ is not responsible for information (regardless of how it is transmitted or received) or services provided by third-party websites. Any links to third-party websites provided on the Website does not imply an endorsement, affiliation, or sponsorship of any kind and do not represent warranties of the quality of services provided by such third-parties.
6. TERM AND TERMINATION
6.1 The term of the Agreement is for the duration of the Beta Testing program. Either party may terminate this Agreement by written notice to the other. The provisions of Sections 1, 3.2, 3.5, 3.6, 4.3, 5, 6 and 7 shall survive any termination of this Agreement. If you wish to terminate your agreement, send your request in writing indicating your user name, email address and password. The email must come from the email account used to register as a user of the Website.
7. GENERAL TERMS
7.1 Complete Agreement. These Agreement constitutes the sole and entire agreement between the parties relating to your use of the Website; supersedes any previous agreements, understandings, and arrangements unless otherwise agreed to in writing by an authorized representative of each party; and, completely replaces any existing agreements between the parties related to your use of the Website.
7.2 No Implied Waivers. The failure of either party to enforce any provision of this Agreement shall not be deemed a waiver of the provisions or of the right of such party thereafter to enforce that or any other provision.
7.3 Severability. The parties mutually agree that if any provision of this Agreement is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make the intent of the language enforceable.
7.4 Successor and Assigns. You shall not assign or otherwise transfer your rights or delegate your duties under this Agreement without HireQ’s prior written consent. Any attempt to do so without HireQ’s consent shall be void.
7.5 Force Majeure. HireQ shall not be liable for any delay or failure to perform its obligations under this Agreement where such delay or failure results from any cause beyond its reasonable control, including, but not limited to, acts of God; labor disputes or other industrial disturbances; electrical or power outage; utilities or telecommunications failures; earthquake, storms, or other elements of nature; blockages; embargoes; riots; acts or orders of government; acts of terrorism; or war.
7.6 Governing Law. This Agreement shall be governed by and construed and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to the conflict of law rules thereof.
If you have any questions, please send us email here or by post mail:
10520 Yonge Street, Unit 35B, Suite #269
Richmond Hill, ON L4C 3C7