PLEASE READ THESE ENTIRE TERMS OF SERVICE CAREFULLY BEFORE YOU OR A CHILD AUTHORIZED BY YOU (FOR WHOM YOU ARE A PARENT OR LEGAL GUARDIAN) ACCESS OR USE THE SERVICES (AS DEFINED IN SECTION 1, BELOW). YOU SHOULD REVIEW THESE TERMS OF SERVICE FROM TIME-TO-TIME.
BY YOUR CONTINUED USE OF THE SERVICE, YOU ACKNOWLEDGE THAT YOU ARE 16 YEARS OF AGE OR OLDER, HAVE THE RIGHT, AUTHORITY AND CAPACITY TO ENTER INTO THESE TERMS OF SERVICE, OR YOU ARE OF THE LEGAL AGE REQUIRED TO FORM A BINDING CONTRACT IN YOUR JURISDICTION IF THAT AGE IS GREATER THAN 16 AND YOU HAVE READ, UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS OF SERVICE.
IF YOU ARE AGREEING TO THESE TERMS OF SERVICE ON BEHALF OF ANOTHER PERSON OR ENTITY, THEN YOU REPRESENT AND WARRANT TO KIRA TALENT THAT YOU HAVE THE AUTHORITY TO BIND THAT PERSON OR ENTITY TO THESE TERMS OF SERVICE.
IF YOU DO NOT AGREE TO BE BOUND BY ANY PART OF THESE TOS, YOU MUST NOT USE THE SERVICES AND MUST CEASE ANY USE OF THE SERVICES IMMEDIATELY.
These terms and conditions (the “Terms & Conditions” or the “Agreement”) govern your use of Kira Talent Inc.’s (“Kira Talent”, “we”, “us” or “our”) platform (the “Platform”) and other services that Kira Talent may offer, including the website www.kiratalent.com (collectively, the “Other Services” and together with the Platform, the “Services”). We reserve the right to update these Terms & Conditions from time to time, so please check this page frequently for changes. Your continued use of our Services after a change to the Terms & Conditions will be deemed as your acceptance the revised Agreement. In this Agreement, “you” refers to both you and/or your child.
2. THE PLATFORM
The Platform is comprised of a set of software, code, tools, databases and other elements that enable you, as an applicant to a Recruiting Organization (defined below), to participate in interviews (“Interviews”) with organizations (i.e. businesses, educational institutions, volunteer organizations) who are recruiting or assessing applicants (each, a “Recruiting Organization”). The reason you are accessing the Platform is because you have applied to or for a position with a Recruiting Organization and that Recruiting Organization is using the Platform as part of its recruiting process. Even though your application is to and for the Recruiting Organization, by virtue of using the Platform, you are agreeing to these Terms & Conditions. This Agreement is the means by which we grant you the right to use the Platform, and your permission to use the Platform is conditional upon your agreeing to, and compliance with, these Terms & Conditions. Please note that this Agreement will still survive after your application process with the Recruiting Organization has ended. It will continue until such time as you elect to terminate this Agreement, subject to certain provisions surviving termination as explained in Section 20.
3. VIDEOS + RECORDINGS
The interviews conducted through the Platform have two components: (1) those questions and other related content that are recorded for viewing or otherwise provided by Recruiting Organizations (“Recruiting Organization Content”); and (2) the responses that you, as an applicant, provide in response to the Recruiting Organization Content (“Your Content” and together with Recruiting Organization Content, the “Recordings”). As between you and us, you own all rights in Your Content, and you grant us a royalty-free license to use Your Content as we may reasonably require to provide the Services, including without limitation providing access to Your Content to Recruiting Organizations in connection with your application.
You are responsible for all information, materials and content you include in Your Content. You must ensure anything contained in Your Content is not unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, and does not impersonate another person. You must also ensure that you have all rights necessary to use anything contained in Your Content. For example, and without limitation, there may be copyright owned by third parties in music, photographs or other content that you choose to use in Your Content. You must ensure that you have the necessary rights to use such content before including it in Your Content.
5. ACCESS TO RECORDINGS
Once you have submitted Your Content to us through the Platform, we will retain such content for up to two (2) years. During this period, Your Content will solely be used: (1) for purposes of providing the Services; (2) for data collection or analysis on or in respect of the Services (in which case, any content will be used solely on an anonymized, aggregated basis); (3) to comply with legal process; (4) to enforce this Agreement; or (5) protect our rights and the rights of our users and the general public. After the two (2) year period, Your Content will be deleted.
6. ACCEPTABLE USE
You agree not to do any of the following in connection with your use of the Platform or otherwise in connection with the Interviews: (1) engage in any activity that degrades the Platform for other users; (2) violate any policies we may adopt in connection with the Platform from time-to-time; (3) compromise the security or integrity of the Platform, or attempt to reverse engineer, modify or copy the Services; or (4) breach any applicable laws, rules or regulations, or infringe upon any third party’s intellectual property rights or other rights (including rights of privacy and publicity). If you breach any of the foregoing, or any other provision of this Agreement, we may take whatever steps we deem necessary to protect the Platform, our business and our other clients, including, without limitation, suspending your access to the Platform and/or termination this Agreement..
Your use of the Services will be accessed through an account and a username/email and/or password that you will create (your “Credentials”). Your Credentials are solely for your use. You are responsible for maintaining the confidentiality of your Credentials and you are responsible for all activities that occur under your Credentials. Accordingly, please take adequate precautions with your Credentials and immediately notify us of any unauthorized use of your Credentials.
We have implemented and maintain technical and organizational measures consistent with industry standards, including those measures found here (as may be updated from time-to-time, the “Security Measures”), to ensure that any information disclosed to us by you, or any Recruiting Organization, is secure. However, we cannot guarantee that such measures will never be defeated. Accordingly, unless it was caused by our negligence, wilful misconduct or failure to maintain the Security Measures, to the fullest extent permitted by applicable law, we are not responsible for any unauthorized or third party hacking, access, use, alteration or disclosure of your data or personal information. Upon request, we will provide you with a list of the current security protocols that we employ.
There are no fees associated with your use of the Platform, though we may in the future charge fees for use of Other Services that we offer. Your use of any Other Services will be optional and we will not charge any fees for them unless you have opted-in to using such Other Services.
The term of this Agreement will commence on the date that you first use, or otherwise register for, the Services (which includes the first time you visit our website located at www.kiratalent.com), and will continue in full effect until your account is cancelled and you cease using the Services.
We may terminate this Agreement and your access to the Services at any time, with or without notice, if you breach a material provision of this Agreement or otherwise for our convenience. We have no obligation to provide you with any notice of your breach of this Agreement but we may choose to provide notice, and an opportunity to cure such breach, in our sole discretion should we so choose.
We agree to defend, indemnify and hold you harmless from any damages, penalties, liabilities and costs resulting from third party claims that your use of the Platform as permitted in this Agreement infringes the patent rights, copyrights or other intellectual property right of a third party. You agree to defend, indemnify and hold us harmless from any damages, penalties, liabilities and costs resulting from third party claims arising from: (1) your breach of this Agreement; (2) your negligence or wilful misconduct; (3) any content you upload or share through the Platform; or (4) any disputes you may have with any Recruiting Organizations. Any indemnification obligations under this section are conditional upon the indemnified party: (a) promptly giving the indemnifying party written notice of the claim; (b) giving the indemnifying party sole control of the defense and settlement of the claim (provided that indemnifying party may not settle any claim unless it unconditionally releases the indemnified party of all liability), provided that the indemnified party may retain counsel to participate in the proceedings; and (c) providing the indemnifying party with all reasonable assistance, at the indemnifying party’s expense.
14. EXCLUSION OF WARRANTIES
Except as expressly set forth in this Agreement, we make no representations or warranties regarding the Platform or the Services (including, without limitation, implied warranties of merchantability or merchantable quality and/or fitness for a particular purpose), and each of the Platform and the Services are provided as is. Furthermore, we do not represent that the Services will be available at any time or from any particular location, will be secure or error-free or that defects will be corrected.
15. LIMITATION OF LIABILITY
In no event will our liability to you under this Agreement or in connection with the Services (whether in contract, tort or any other head of liability) exceed the greater of: (i) one hundred dollars ($100); and (ii) the fees paid by you to us under this Agreement in the six (6) months preceding the date of the event giving rise to the claim. In no event will we be liable to you for indirect, punitive, incidental, special, consequential or exemplary damages, including damages for loss of profits, goodwill or data.
16. NON-ENDORSEMENT AND RELEASE
You acknowledge and agree that we provide a suite of tools that enables applicants and Recruiting Organizations to participate in recruiting activities; as a result, we are not responsible for the accuracy, completeness, appropriateness, legality or applicability of any content or anything said, depicted, written or done by other users of the Services, including without limitation, any information that you may obtain by using the Services. We do not endorse anything contained in any content created by users of the Services, or any information, opinion, recommendation or advice expressed therein and you understand that you must evaluate and bear all risks associated with the use thereof. You hereby release and forever discharge us from any and all actions, causes of actions, claims, damages and liabilities that you may incur as a result of other users of the Services.
All right, title and interest in and to the Platform and the Services, including any and all modifications and additions thereto, shall at all times remain with us or any third party from/to whom we have licensed or procured software, technology or other Platform elements. You are invited to provide us with suggestions, comments, or other feedback with respect to the Services (“Feedback”). However, even if you designate it as confidential, it will not create any confidentiality obligation for us, and you, upon disclosing such Feedback, grant to us a non-exclusive, worldwide, perpetual, irrevocable, transferable, sublicensable, royalty-free, fully paid-up license to use and exploit the Feedback as part of the Services.
18. INDEPENDENT CONTRACTORS
For all purposes, we are an independent contractor to you, and neither of us will represent that we have authority to assume or create obligations on behalf of the other party.
Neither of us may assign this Agreement, without the other party’s consent. However, we may assign this Agreement at any time to an affiliate or to an acquirer of all or substantially all of our business or assets.
Those provisions that expressly, or by their nature are intended to, survive termination, shall survive any termination or expiration of this Agreement.
All notices to be given under this Agreement: (i) if to us, must be in writing and sent to Attn: Legal Department, Kira Talent Inc., 99 Yorkville Avenue, Toronto, Ontario, M5R 1C1; and (ii) if to you, will be sent by email to the email address that you provided to us when you registered for the Services (or any other email address should you have updated your account to reflect such other email address.)
The waiver by either party of any default or breach of any term of this Agreement shall not constitute a waiver of any other or subsequent default or breach. Except for your non-payment or breach of our proprietary rights in the Platform, no action, regardless of form, arising out of this Agreement may be brought by either of us more than one year after the cause of action has accrued.
If any provision of this Agreement is determined to be unenforceable, invalid or in breach of any law by any tribunal, public body or court of competent jurisdiction for any reason whatsoever, the unenforceability or invalidity of such provision shall not affect the enforceability or validity of the remaining provisions of this Agreement and such unenforceable or invalid provision shall be severed from the remainder of this Agreement and as so modified this Agreement shall continue in full force and effect.
24. GOVERNING LAW & JURISDICTION
This Agreement shall be governed by and interpreted in accordance with the laws of the Province of Ontario. Each of the parties hereto irrevocably attorns to the jurisdiction of the courts of the Province of Ontario located in Toronto, Ontario.
25. WAIVER OF CLASS ACTIONS
To the fullest extent permitted by applicable law, all parties to any action arising out of or in connection with the Platform or the Services or these Terms & Conditions must be individually named. You hereby waive any right you may have for any dispute pertaining to the Platform, the Services or these Terms & Conditions to be arbitrated or litigated on a class action or consolidated basis, or on bases involving disputes brought in a purported representative capacity on behalf of the general public.
26. ENTIRE AGREEMENT
This Agreement, as well as any policies we may adopt in connection with the Services hereto, constitute the complete agreement between the parties and supersedes all prior or contemporaneous agreements or representations, written or oral, concerning the subject matter of this Agreement.
Last Revised: January 29, 2020
Copyright © 2020 Kira Talent Inc. All rights reserved.