Alterajobs.com – Job Packages Terms & Conditions
Welcome, and thanks for using Alterajobs.com’s jobs posting platform and related products and services (the “Job Packages”). You agree that by purchasing, signing up for, or otherwise using the Job Packages, you are entering into a legal binding agreement (even if you are using Jobs Packages on behalf of a company). The Jobs Packages allow your postings to be served on properties of Alterajobs.com and enabled third parties (collectively, “Properties”), e.g., websites and mobile applications. The Jobs Packages allow postings to be targeted to Alterajobs.com members based on non-personally identifiable criteria (e.g., company, industry, job function, and hashed email).
If you are accessing or using the Job Packages on behalf of a business or third party, you represent and warrant that you have the authority to do so and to bind that business or third party to these Job Packages Terms and Conditions, and your agreement to these Job Packages Terms and Conditions will be treated as their respective agreement. In this event, Alterajobs.com may hold you responsible for violations of this agreement by that business or third party, and “you,” “your” and “party” will also refer and apply to that business or third party.
- Job Packages
The Job Packages are designed to help you reach quality candidates for job opportunities. You are responsible for (i) all postings and content therefor submitted by or on your behalf through the Job Packages or otherwise to Alterajobs.com, including but not limited to the job descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, your “Postings”); and (ii) all content and property to which Postings may direct viewers, as well as redirects (“Destinations”).
You are responsible for any activity conducted through your account, including any purchases made or charges incurred. If you identify that you are using the Job Packages on behalf of a business, you agree that Alterajobs.com may share information about your purchases and use of the Job Packages with that business, including its representatives and agents. If that business indicates that you are no longer authorized to place jobs or ads on its behalf (e.g., if you leave that business or changes roles within that business), you agree you may be removed from accounts associated with that business. You may not resell or transfer access to the Job Packages to any other party.
Each Posting must be for one (1) job opportunity; it is not permitted for a Posting to solicit applications for more than one position.
- Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.
- Create Postings that intentionally misrepresent the job, hiring company, or poster.
- Create Postings for a recruitment firm or agency (or related) or an independent contractor or is piecework, commission-based, or has otherwise nontraditional working conditions or compensation that may constitute intentional misrepresentation.
- Create postings for a different type of business than a Hotel / Resort.
- Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.
- Provide identifiable candidate resume or application data to any other parties.
- “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.
- Harass, stalk, or contact any applicant after they have asked not to be contacted.
- Create Postings in any location in a manner that would not allow compliance with applicable tax and employment laws.
- Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.
- Soliciting employees by intentional misrepresentation.
- Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country or the state or country where the job is to be performed.
- Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.
- Engage in illegal or fraudulent conduct.
- Except as expressly authorized by Alterajobs.com in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from the Properties.
- Except as expressly authorized by Alterajobs.com in writing, copy, modify or create derivative works of the Job Packages or any related technology.
- Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Job Packages or any device or system or breach or circumvent any security measure of Alterajobs.com or a third party.
Alterajobs.com may, in its sole discretion, modify, or terminate any part or all of the Job Packages or suspend your ability to use the Job Packages. Alterajobs.com may reject or remove any Posting at any time for any reason, regardless of whether or not such Posting was previously accepted or served.
- Fees, Payment and Cancellation
You may be offered more than one billing option when you purchase Job Packages. You agree to pay on the basis and at the rate selected when a Posting, order, or other purchase of Jobs Services was submitted through your account (“Rate”). You also agree to pay all applicable taxes, government charges and foreign exchange fees. Alterajobs.com will charge your payment method at the applicable Rate. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. Alterajobs.com may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts.
For non-flat Rates, the amount owed will be calculated based on Alterajobs.com’s tracking mechanisms. Alterajobs.com is not responsible for click fraud, technological issues or other potentially invalid activity by third parties that may affect the cost of running Postings. Your exclusive remedy for suspected invalid activity is to make a claim for a Job Packages credit within 90 days of the date of that activity, and Alterajobs.com’s exclusive liability is in Alterajobs.com’s sole discretion, to issue Job Packages credit for suspected invalid activity. Any Job Packages credits that you may accrue are non-refundable and non-transferable and must be used prior to termination of these Job Packages Terms and Conditions or your account.
Unless you change or remove your payment method, Alterajobs.com may store and update (e.g., upon expiration) your payment method for use with, in case of subscription orders, subsequent campaigns, orders and purchases submitted through your account.
- Refund Policy
Payments are not refundable, including fees and other charges. If you think that your situation justifies an exception, you can submit your request in writing within 14 days of the start of the Job Package. Note: this 14-day period begins on the date of purchase of the Job Package.
- Intellectual Property Rights and Privacy
You grant to Alterajobs.com a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Postings in connection with the performance of the Job Packages (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Postings (including to grant the license above).
If you choose to provide suggestions or feedback to Alterajobs.com about Job Packages, you agree that Alterajobs.com can (but does not have to) use and share such feedback for any purpose without compensation to you. You may not disclose any information about Alterajobs.com’s pricing, metrics, member demographics or beta features. Alterajobs.com’s reserves all of its intellectual property rights in the Job Packages as further described in the User Agreement.
Alterajobs.com reserves the right (but shall have no obligation) to remove, or reject any content or communication submitted by any User on the Platform for any reason, at any time and without notice. Any such decision by Alterajobs.com shall not be subject to negotiation, debate or refund.
You may use information resulting from the Job Packages (“Job Packages Data”) only on an aggregate and anonymous basis to assess the performance and effectiveness of your candidate search using the Job Packages and to optimize your candidate search. You agree to use reasonable measures to protect the confidentiality of Job Packages Data and to use appropriate security safeguards to protect Job Packages Data in accordance with industry standards. You may share Job Packages Data only with someone acting on your behalf, provided that you are responsible for ensuring their respective compliance with the Agreement and for limiting their respective use of the Job Packages Data on your behalf. Without limiting the foregoing, you shall not (i) sell the Job Packages Data; (ii) combine the Job Packages Data with any data obtained by or on behalf of another employer; or (iii) except for use solely on your own behalf in a manner that does not identify the Job Packages Data as associated with Alterajobs.com, transfer any Job Packages Data (including anonymous, aggregate, or derived data) to any job search service, job postings board, data broker or other monetization related service.
- Disclaimer of Warranties
- Limitation of Liability
To the fullest extent permitted by law, neither party, including its respective affiliates, will be liable to the other in connection with these Job Packages Terms and Conditions for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.
Neither party, including its respective affiliates, will be liable to the other in connection with these Job Packages Terms and Conditions for an amount that exceeds the greater of (a) 5 times the total fees paid or payable to Alterajobs.com during the 1-month period before the event giving rise to the liability or (b) USD $100.00.
These limitations of liability do not apply to a party’s (i) payment; confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party’s intellectual property rights.
Alterajobs.com may change the terms of these Job Packages Terms and Conditions by notice to you (for example, by a notice displayed in the Job Packages, email, text message or mail), and both parties agree that changes cannot be retroactive. If you do not agree to these changes, you must stop using the Job Packages. The following provisions of these Job Packages Terms and Conditions survive its termination: Sections 2 through 4, as well as Sections 6 through 8.
The Alterajobs.com entity entering into these Job Packages Terms and Conditions with you is determined pursuant to the Contracting Entity Terms. If an issue arises under these Job Packages Terms and Conditions (including non-contractual disputes or claims) and the contracting entity based on the Contracting Entity Terms is (a) Alterajobs.com, then these Job Packages Terms and Conditions are governed by the laws of the State of California, and any action or proceeding (including those arising from non-contractual disputes or claims) related to these Job Packages Terms and Conditions will be brought in a federal court in the Northern District of California; (b) Alterajobs.com Ireland, then these Jobs Terms and Conditions are governed by the laws of Ireland, and any action or proceeding (including those arising from non-contractual disputes or claims) related to these Job Packages Terms and Conditions will be brought in Dublin, Ireland; or (c) Alterajobs.com Singapore, then these Jobs Terms and Conditions are governed by the laws of Singapore, and any action or proceeding (including those arising from non-contractual disputes or claims) related to these Jobs Terms and Conditions will be brought in Singapore. Each party irrevocably submits to the jurisdiction and venue of the applicable courts. The prevailing party in any litigation may seek to recover its legal fees and costs.