Last Updated: August 20, 2019
1. YOUR ACCEPTANCE OF TERMS; MODIFICATION OF TERMS
Click here to access the French Translation of these Terms
PLEASE REVIEW THESE TERMS CAREFULLY. YOUR DOWNLOADING, INSTALLATION OR USE OF THE APP CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT INSTALL OR USE THE APP.
We may amend all or any part of these Terms by adding, deleting, or varying the content of these Terms. These amendments may be made at any time and from time-to-time in our discretion, and could occur very close together, or very far apart, depending on the circumstances.
We will provide you with notice of the proposed amendments by posting an amended version of these Terms with a new version date. We will include a link to the previous version of the Terms beneath the new version date. The amendments will take effect 30 days after the date on which the amended version is posted. Prior to that date, the previous version of the Terms will continue to apply.
If you disagree with any amendments, you may refuse the amendments and cease using the App at any time within the 30-day notice period. There will be no cost or penalty for doing so. If you use the App after the 30-day notice period, then you are deemed to have accepted the amendments.
If you do not cease using the App during the applicable time period, then, by your continued use, you are deemed to have accepted the proposed amendments.
The “Last Updated” legend above indicates when these Terms were last changed.
We may, at any time and without liability, modify or discontinue all or part of the App (including access to the App via any third-party app stores or platforms).
2. ELIGIBILITY; ORGANIZATIONS; JURISDICTIONS AND LAWS
By using the App, you affirm that you are of legal age to enter into these Terms.
If you are an individual downloading, installing or using the App on behalf of, or for the benefit of, any corporation, partnership or other entity with which you are associated (an “Organization”), then you are agreeing to these Terms on behalf of yourself and such Organization, and you represent and warrant that you have the legal authority to bind such Organization to these Terms. References to “you” and “your” in these Terms will refer to both the individual using the App and to any such Organization.
The App is controlled or operated (or both) from the United States and, to the extent permitted at law, is not intended to subject Robert Half to the laws of any jurisdiction other than those of Canada and the United States.
The App may not be appropriate or available for use in some jurisdictions other than Canada and the United States. Any use of the App is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the App’s availability at any time, in whole or in part, to any person, geographic area, or jurisdiction that we choose.
3. LICENSE, INSTALLATION AND UPDATES
Subject to and conditioned on your compliance with these Terms, Robert Half grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to download, install and use the App, and to download copies of the materials that we make available for download on the App, in each case solely for your personal and non-commercial use.
The App, including all content, information, and materials incorporated into or made available through the App, is the exclusive property of Robert Half or its suppliers, and is protected by Canadian, U.S. and international law. You agree not to download, install or use the App, or any content, information, or materials incorporated into or made available through the App, except as expressly permitted under these Terms.
All trademarks, service marks, trade names, and logos displayed on the App (the “Marks”) are the exclusive property of Robert Half or their respective third party owners. Except for your right to view Marks on our App as part of its normal use, you are not granted any rights to the Marks. Nothing in the App grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the App.
We may update the App from time to time in order to improve the App. Your ability to continue using the App may depend on your installing these updates. If you have turned on auto-updates on your device, this will cause updates to the App to install automatically. By turning on auto-update settings, you hereby expressly consent to the installation of updates to the App. Your ability to effectively use the App depends on you having installed the latest version of the App. If you delay or refuse updates to the App, this may compromise or completely prevent your ability to use the App. We do not accept responsibility for any problems or damages which might then occur.
4. USER SUBMITTED MATERIALS
The App includes functionality to enable you to upload your resume and/or other employment and career-related information, and may also enable you to submit comments and materials through interactive features such as message boards and other forums, and chatting, commenting and other messaging functionality (all such resumes, information, comments, and materials are “Submitted Materials”). For clarity, you retain ownership of your Submitted Materials. You hereby grant Robert Half a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferable and fully sublicensable (through multiple tiers) license, without payment of additional consideration to you or any third party, to reproduce, distribute, perform and display (publicly or otherwise), create derivative works of, adapt, modify and otherwise use and exploit such Submitted Materials, in any format or media now known or hereafter developed, and for any purpose (including promotional purposes, such as testimonials).
The App also includes functionality to allow you to save some job searches on your mobile device and track the job application status of jobs you apply for. If you save job searches or other information within the App, then you authorize use of some storage space on your device for the saved job searches or other information.
In addition, if you provide to us any ideas, proposals, suggestions or other materials (“Feedback”), whether related to the App or otherwise, such Feedback will be deemed Submitted Materials, and you hereby acknowledge and agree that such Feedback is not confidential, and that your provision of such Feedback is gratuitous, unsolicited and without restriction, and does not place Robert Half under any fiduciary or other obligation to you or to any other person.
You represent and warrant that you have all rights necessary to grant the licenses granted in this section, and that your Submitted Materials, and your provision thereof through and in connection with the App, are complete and accurate, and are not fraudulent, tortious or otherwise in violation of any applicable law or any right of any third party, including intellectual property rights. For each of the Submitted Materials, you further irrevocably waive any “moral rights” or other rights with respect to attribution of authorship or integrity of materials that you may have under any applicable law or under any legal theory. You agree to maintain and update your Submitted Materials as needed.
Robert Half may (but has no obligation to) screen, monitor, evaluate and remove any Submitted Materials at any time and for any reason, or analyze your access to and use of the App.
5. RULES OF CONDUCT
In connection with the App, you agree NOT to:
- Post, transmit or otherwise make available through or in connection with the App any Submitted Materials that are or may be: (a) threatening, harassing, degrading, hateful or intimidating, or that otherwise fail to respect the rights and dignity of others; (b) defamatory, libelous, fraudulent or otherwise tortious; (c) obscene, indecent, pornographic or otherwise objectionable; or (d) protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without the express prior written consent of the applicable owner.
- Post, transmit or otherwise make available through or in connection with the App any virus, worm, Trojan horse, Easter egg, time bomb, spyware or other computer code, file or program that is potentially harmful or invasive or intended to damage or hijack the operation of, or to monitor the use of, any hardware, software or equipment (each, a “Virus”).
- Use the App for any commercial purpose, or for any purpose that is fraudulent or otherwise tortious or unlawful.
- Harvest or collect information about users of the App.
- Interfere with or disrupt the operation of the App or the servers or networks used to make the App available, including by hacking or defacing any portion of the App, or violate any requirement, procedure or policy of such servers or networks.
- Restrict or inhibit any other person from using the App.
- Reproduce, distribute, modify, adapt, translate, create derivative works of, sell, rent, lease, loan, timeshare, distribute or otherwise exploit any portion of (or any use of) the App, except as expressly authorized in these Terms.
- Reverse engineer, decompile or disassemble any portion of the App, except where such restriction is expressly prohibited by applicable law.
- Remove any copyright, trademark or other proprietary rights notice from the App.
- Frame or mirror any portion of the App, or otherwise incorporate any portion of the App into any product or service.
- Systematically download and store App content.
- Use any robot, spider, site search/retrieval application, or other manual or automatic device to retrieve, index, “scrape,” “data mine” or otherwise gather App content, or reproduce or circumvent the navigational structure or presentation of the App, without Robert Half’s express prior written consent.
6. ACCOUNT AND PASSWORD
You may need to register for an account to use all or portions of the App. We may reject, or require that you change, any user name, password or other information that you provide to us in registering. You, and not Robert Half, are responsible for any use or misuse of your user name or password. In particular, it is your sole responsibility to: (a) maintain the confidentiality of your account login and password; (b) frequently update and revise your password; and (c) promptly notify Robert Half if there is any unauthorized use of your account or any breach of security.
7. THIRD-PARTY MATERIALS
The App may make available or provide links to third party websites, content, or information (“Third Party Materials”). Robert Half does not control, and is not responsible for, any Third Party Materials and the availability of any Third Party Materials on the App. Links to Third Party Materials do not imply endorsement of, or affiliation with, the provider of Third Party Materials. Your use of Third Party Materials is at your own risk.
The following provision is not applicable to Quebec Consumers.
THE APP IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND, AND ROBERT HALF EXPRESSLY DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE APP TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, AND TITLE, AND WARRANTIES ARISING FROM THE COURSE OF PERFORMANCE, COURSE OF DEALING, OR USAGE OR TRADE.
While we try to maintain the timeliness, integrity and security of the App, we do not guarantee that the App is or will remain updated, complete, correct or secure, or that access to or use of the App will be uninterrupted. The App may include inaccuracies, errors and materials that violate or conflict with these Terms. Additionally, third parties may make unauthorized alterations to the App.
Further, and without limiting the foregoing, Robert Half: (a) does not guarantee that you will receive any employment or job offers through the App; (b) will not be responsible for any employment offers or listings, employment screenings, employment decisions, or actual employment presented by third parties; and (c) is neither your employer nor your agent based solely on your usage of the App. You must use your own judgment in evaluating any prospective employers and any Third Party Materials. You are responsible for the internet connection and/or mobile charges that you may incur for downloading and/or using the App.
10. LIMITATION OF LIABILITY
The following provision is not applicable to Quebec Consumers.
ROBERT HALF WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AGGRAVATED, OR PUNITIVE DAMAGES OF ANY KIND, UNDER ANY CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, INCLUDING DAMAGES FOR LOSS OF PROFITS, USE OF DATA, LOSS OF OTHER INTANGIBLES, OR LOSS OF SECURITY OF SUBMITTED MATERIALS (INCLUDING UNAUTHORIZED INTERCEPTION OF, ACCESS TO, OR ALTERATION BY THIRD PARTIES OF ANY SUBMITTED MATERIALS), EVEN IF ADVISED IN ADVANCE OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. WITHOUT LIMITING THE FOREGOING, ROBERT HALF WILL NOT BE LIABLE FOR DAMAGES OF ANY KIND RESULTING FROM YOUR USE OF OR INABILITY TO USE THE APP OR FROM ANY THIRD PARTY MATERIALS, INCLUDING FROM ANY VIRUS THAT MAY BE TRANSMITTED IN CONNECTION THEREWITH. YOUR SOLE AND EXCLUSIVE REMEDY FOR DISSATISFACTION WITH THE APP IS TO STOP USING THE APP. THE MAXIMUM AGGREGATE LIABILITY OF ROBERT HALF FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR OTHERWISE, WILL BE $100 CANADIAN DOLLARS.
Applicable law may not allow for limitations on certain implied warranties, or exclusions or limitations of certain damages. Solely to the extent that such law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply to you, and you may have certain additional rights.
Robert Half may terminate or suspend your access to the App at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of these Terms. Upon any such termination or suspension: (a) your right to use the App will immediately cease; (b) Robert Half may immediately deactivate or delete your user name, password and account; (c) subject to applicable laws, Robert Half will be under no obligation to maintain or provide you with access to any materials associated with your account (including Submitted Materials), and may retain or delete such materials in Robert Half’s sole discretion; and (d) the license granted to you to access and use the App will terminate, but the remaining provisions of these Terms will survive and continue in effect.
12. NOTICE OF COPYRIGHT INFRINGEMENT
The ‘Notice and Notice’ regime under the Copyright Act (Canada) (the “Copyright Act”) provides recourse for copyright owners who believe that material appearing on the internet infringes their rights under Canadian copyright law.
If you believe in good faith that materials available on the App infringe your Canadian copyright, you (or your agent) may send to Robert Half a written notice of claimed infringement by mail, e-mail or fax. As and to the extent required by the Copyright Act, we will forward the notice electronically to the person indicated in the notice and inform you of the forwarding or, if applicable, of the reason why it was not possible to forward the notice. Notices must meet the then-current statutory requirements imposed by the Copyright Act. We may charge then-current statutory fees for processing of notices. Notices must be sent in writing to:
Copyright Agent Robert Half Canada Inc. Attn: Jeffrey Chow, Corporate Counsel, Legal Department 2884 Sand Hill Road Suite 200 Menlo Park, California 94025 Email: [email protected] Phone: (650) 234-6000
We suggest that you consult your legal advisor before filing a notice.
13. GOVERNING LAW; JURISDICTION
These Terms are governed by and will be construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario, without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the courts located in Toronto, Ontario, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
With regards to consumers in Quebec, your Terms are governed by and will be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable in Quebec, without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the courts located in Quebec, and waive any jurisdictional, venue or inconvenient forum objections to such courts.
14. INFORMATION OR COMPLAINTS
If you have a question or complaint regarding the App, please send an e-mail to [email protected]. You may also contact us by writing to Webmaster, Robert Half Canada Inc., 2884 Sand Hill Road, Suite 200, Menlo Park, California 94025. Please note that e-mail communications will not necessarily be secure. Accordingly, you should not include credit card information or other sensitive information in your e-mail correspondence with us.
These Terms do not, and will not be construed to, create any partnership, joint venture, employer-employee, agency or franchisor-franchisee relationship between you and Robert Half. If any provision of these Terms is found to be unlawful, void or for any reason unenforceable, that provision will be deemed severable from these Terms and will not affect the validity and enforceability of any remaining provision. You may not assign, transfer or sublicense any or all of your rights or obligations under these Terms without our express prior written consent. We may assign, transfer or sublicense any or all of our rights or obligations under these Terms without restriction. No waiver by us of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.”
The following provision is not applicable to Quebec Consumers.
These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Robert Half relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Robert Half relating to such subject matter.
The following provision is not applicable to Quebec Consumers.
Notices to you may be made via posting to the App or by e-mail (including in each case via links), or by regular mail. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Robert Half will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.