1.2 Legally binding. READ THESE TERMS CAREFULLY BEFORE USING OUR SITE AS USE OF THE SITE INDICATES THAT YOU HAVE BOTH READ AND ACCEPT THESE TERMS. YOU CANNOT USE THE SITE OR ANY OF OUR SERVICES IF YOU DO NOT ACCEPT THESE TERMS.
1.3 About our Services. We offer various services and tools designed specifically for recruiters and HR specialists who are seeking to make contact with business professionals for employment purposes, or to obtain industry, market or competitor analysis including through this Site, or through other tools, which we make available to our Users (defined below), including access to our contacts search engine known as the Prospects Database and various tools such as our browser extensions and APIs (“Tools”) The main purpose of our services is to provide accurate contact information when Users are seeking to communicate B2B with professionals. Our Prospects Database contains information related to Professional Individuals (defined below) and has been curated and indexed from publicly available sources across the internet, or in combination with data sourced from third parties or Users. Any reference to any of these services of ours, and to our Site, is collectively referred to as our “Services” in this Policy.
1.4 About us. You are entering into this Agreement with SENDERSYSTEMS LIMITED, Cornerstone Business Centre, Suite 1, Level 2, 16th September Square, Mosta, MST 1180, Malta (“SignalHire/we/us/our”).
1.5 You, as a party to this Agreement. When we refer to “you” we mean, you, if you are a visitor to our Site, a Professional Individual whose details appear in our Prospects Database, or you are a User, making use of our Services. Specifically:
(a) ‘User’ means you, if you are a person acting in a business capacity who has created an Account with us for the purposes of using our Services.
(b) ‘Professional Individual’ means you, if you are an individual who we have collected information about (including some personal data) from various public sources on the web, in order to index those individuals in our Prospects Database to enable the individual’s publicly available contact information to be made available to our Users.
(c) ’Site Visitor’ means you, if you are not considered a User, but are any other person who is accessing or otherwise making use of our Services, including this Site (including a Professional Individual). If you are a Professional Individual and you visit our Site for any reason (for example to view any Professional Profile or our contact information page), the provisions throughout these terms related to Site Visitors are deemed to also apply to you in that context.
(d) ‘Applicant’ means you if you are a Site Visitor who submits an application through our Services for a Listing, as described in more detail in clause 8.
1.6 Children. The Services are not aimed at anyone under the age of 18 years, and you warrant that, by using this Site and any Services, that you are aged over 18 or the appropriate age of legal capacity of the country in which you reside.
1.8 Additional terms relevant to Users. We may enter into additional agreements with you for bespoke or customised products or services, and terms of those B2B agreements will apply in addition to these general terms when you are accessing or using our Services.
1.10 Publicly indexed content. Any content that our Site has indexed from publicly available information, much like other search engines, is not within our direct control as we do not host that content. If your data is controlled by third parties and indexed by us, you will need to contact the original source of that data.
2.1 Applicable to Users. Our Services are available to Users, in a business capacity. If you are a business professional purporting to represent an entity or organization in this agreement, you thus warrant and assert through your creation of an account or use of any Services, that you have been authorized to agree to the provided Terms and to form a binding contract with us (for such cases, every reference to “you” and “your” in the Terms, with an exception of this paragraph, will concern that entity or organization which you have entered into this agreement on behalf of).
2.2 Right to alter, suspend or discontinue the Services. We may alter, modify, suspend or discontinue the Site, Services or any part thereof at any time.
2.3 No guarantee. No guarantee. Nothing in these Terms or within any content of the Services, or communication with us, should be deemed to imply any guarantee or promise of successful hiring or employment of any kind. We do not endorse any specific recruiter, employers or candidates.
2.4 Right to refuse. We have the right to refuse access, service or disable User accounts on our Site at any time for any reason or no reason without notice, explanation or liability of any kind.
2.5 Errors. You understand that the Site may contain typographical errors or other inaccuracies and that you are not relying on any statement made on the Site, Services or in communications when making decisions on your use of the Services.
3.2 Your account is for your use only for the Permitted Purpose (see 4.1 below to understand what this means). You may not authorise others to use your account or attempt to use another user’s account without first obtaining their consent. you must not assign or otherwise transfer your account to any other person or entity.
3.3 You are solely responsible for your own actions and those of anyone using your account, and you assume all liability regarding any account activities through the Services and your or anyone using your account’s interactions with us, our personnel, or any other User, Site Visitor, Professional Individual or Applicant of the Services.
3.4 You are responsible for providing all personal computer and communications equipment necessary to gain access to the Service and we do not warrant that the Services will be compatible with any and all devices you may be using to access the Services.
3.5 You are solely responsible for ensuring that your account, and any use of the Prospects Database, Tools, or Services, is in compliance with any applicable privacy laws and regulations.
4.1 Site Visitors, Professional Individuals and Applicants are permitted to use the Services for personal purposes only, and Users are permitted to use the Services for your own internal business purposes (but not for commercial purposes including but not limited to whereby you re-sale or otherwise make profit from any third party by mispresenting the Services as your own, or by selling access to the Services or any content derived therefrom, to any third party or otherwise distributing it, sharing it, displaying it or creating derivative works or aggregating such data) (collectively, “Permitted Purpose”).
4.2 Subject to the provisions of these Terms, we hereby grant you a personal, limited, non-exclusive, non-transferable, non-assignable, fully revocable license to use the Services (including installing any Tools if so applicable) solely for the Permitted Purposes.
4.3 Where a User uses the Tools or otherwise uploads any person’s data or other such content to the Service (“Uploaded Data”), you are doing so with the understanding that the additional warranties at clause 4.4 apply to you, and that you are granting to us a perpetual, irrevocable, worldwide royalty free licence to access and use the User Data for our own commercial purposes including making available, copying, displaying, publishing, distributing or otherwise using the Uploaded Data for our own commercial gain in any way we choose to, at all times in compliance with any applicable laws, and to create derivative works, share, sublicence and otherwise make commercial for profit use of the Uploaded Data in compliance with any applicable laws.
4.4 If you, as a User submit any Uploaded Data to our Services, you hereby warrant and represent that you (a) are acting in compliance with all applicable privacy and data laws worldwide in the event that the Uploaded Data contains any ‘Personal Data’ (as defined in the General Data Protection Regulation (GDPR) or equivalent applicable law) including obtaining all relevant consents and approvals from any individual to which the Personal Data relates; and (b) will not upload any information relating to (i) any person age 17 and under; or (ii) any person of any age’s medical or financial history. You agree to provide evidence of any such consents if so requested. In the event of any enquiry by any person to which the data may relate, if we are required to respond in accordance with any applicable data laws, you may be identified as the source of such data and you understand, accept and agree that we may release your information for such purposes to any individual or regulatory authority exercising rights under any applicable data laws.
4.5 Notwithstanding any other warranties contained within these Terms, where you, as a User, use the Services to view any Professionals Data (as contained within the Prospects Database), or otherwise use our Tools or Services to obtain any Personal Data you warrant and represent that you shall not use any such information or Personal Data for any purpose, or in any way which (a) violates any applicable laws, such as international data privacy laws, including but not limited the GDPR, the UK’s Data Protection Act, or any US state legislation amongst others, or (b) violates any laws relating to marketing and communications in any form including electronic communications, such as the US CAN-SPAM Act, or the EU Privacy and Electronic Communications Directives, or (c) attempts to promote any products, goods or services other than employment opportunities. In respect of the GDPR/UK’s Applied GDPR, if you opt to access and make use of any Professionals Data, you are acknowledging and agreeing that you are a Data Controller as defined in the those regulations.
5.1 In addition to User generated Uploaded Data, the Services may feature content created or uploaded by other persons, Site Visitors, Applicants, Professional Individuals or Users (“Third Party Content”), or the Site may link to content hosted by third parties. This is particularly important because we index publicly available information and will not have control over any such content.
6.1 Your warranties regarding your User Content. Certain areas of this Site, or through the Services however accessible, may permit you to submit content, including any Uploaded Data, which we reference here as “User Content”). When choosing to create any User Content, you are warranting and representing (in addition to the warranties laid out elsewhere in these Terms) that:
6.2 You further acknowledge, understand and agree that:
6.3 By sharing User Content, submitting it to the Site, the Services or otherwise making it available to us via the Site or Services, you grant to us an irrevocable, perpetual, transferable, non-exclusive, worldwide, royalty-free license (which may be further sub-licensable to multiple sub-licensees without restriction) to use, perform, and process your User Content (or any modification thereto, or portion thereof), in whole or in part, in any format or medium now known or later developed for any purpose (including without limitation, commercial for-profit purposes) that we deem appropriate in our sole discretion (including, without limitation, to incorporate your User Content or any modification thereto, in whole or in part, into any technology, product, or service. You voluntarily agree to waive all “moral rights” that you may have in your User Content under any applicable laws.
7.1 For any person who is accessing the Site, or otherwise using any of the Services, including any Site Visitor, Professional Individual, Applicant, or User, you warrant and represent that you:
7.2 Any other use of this Site and the Services beyond the Permitted Purposes is prohibited and, therefore, constitutes unauthorized use of this Website. Unauthorized use of this Site may result in violation of various international copyright laws and regulations and we reserve all rights in that regard.
7.3 You warrant and represent that you will not use the Site or the Services in any way (nor seek to transmit, share, broadcast or communicate any User Content, Uploaded Data, Third Party Content or other content, links to content or otherwise engage in any activity on or through the Site or Services), which, in our sole judgment is you using the Services:
8.1 If you are visiting the Site to apply for any job listing vacancy, you are defined in this section as an “Applicant”. If you are a User or other party posting a vacancy, you are defined here as a “Job Poster”. A “Listing” is a job vacancy posted by a Job Poster on the Services, including the Site.
8.2 Job Posters (i) acknowledge that the warranties detailed in clauses 7.1 and 7.3 shall apply to any Listing and (ii) further warrant that Listings will be accurate, not misleading, in compliance with all local labour laws, and not be for any role that is targeted at a minor, or is for a role which is in any way illegal or would bring us into disrepute.
8.3 Applicants and Job Posters understand and agree that we have no liability for the content of any Listing, or any dispute between any Applicant and Job Poster. The relationship of Applicant and Job Poster exists solely between said parties; we simply provide a platform for the display of such Listings.
8.4 Applicant understands that when submitting an application for a Listing, your information may be transmitted to the Job Poster who may contact you directly about your application. This may include CVs or associated files, and may occur over the internet when being transmitted, and you expressly agree to this transmission, including unencrypted over the internet transmission. Applicants, it is your sole responsibility to ensure that the employer/recruiter are licensed, certified, insured, bonded to the extent that you require.
8.5 Unless expressly prohibited in writing or electronically by you, a Job Poster, you agree that we may use your brand identity, organization or company name (including mentioning your business usage of this Service) in press releases, interviews, promotional materials, sales sheets, presentations, websites and other self-promotional channels. You also agree that a "powered by SignalHire" graphic or text link can be included with your Listing unless you choose to disable or conceal this. In the event that a Job Poster is offered any promotions or discounts for any Services, these discounts are valid for services to which the promotion or discount was originally applied; subsequent upgrades or add-on services are not guaranteed any promotions or discounts.
9.1 Charges. If you would like full access to all features and areas within the Services, you should purchase one of our Subscription Packages. The fees payable for each of our Subscription Packages are set out on the payment page of the at the point of making payment.
9.2 Repeat billing. Please be aware that when you subscribe to any package, you will become liable for automatic renewal billing. Thereby you acknowledge that your subscription has an initial and recurring payment feature and accept responsibility for all recurring charges prior to cancellation. If using a corporate card, you assume all liability and warrant that you have the right to use your chosen method of payment for the purpose of accessing our Services.
9.3 Automatic renewal. We operate an automatic renewal billing policy (with packages not exceeding 6 month automatic renewal billing periods). This means that once your initial Subscription period has expired, for your convenience, your membership will automatically be renewed at the same rate that you signed up for using the original payment method. For example if you pay by credit card, we will continue to debit this same credit card as each subscription period expires. We will only debit these repeat payments when your current payment period expires and not before.
9.4 Price changes. The prices are subject to offers, discounts and changes that may be applied at any time. We also reserve the right to alter our Subscription Packages at any time.
9.5 Free trials. We may at our discretion offer free trials as publicised on the Site. You will require to cancel your free trial prior to the expiry of the trial period, in order to stop automatic billing occurring.
9.6 Billing disputes. Please contact firstname.lastname@example.org with a view to resolving the dispute prior to making a formal notification to your credit card company. You must contact us, stating your reasons for dispute of the charge. This will enable us to accurately and promptly assess your complaint and, where justified, credit your card with the disputed amount in a timely manner to avoid any further inconvenience to you.
9.7 Informing us about changes or unauthorised access. You must promptly inform us of any of the following: changes in the expiration date of any credit card used in connection with the Service; changes in home or billing address; and any apparent breaches of security, such as loss, theft or unauthorized disclosure or use of an account or password. Until the Website is notified by email of a breach in security, the Member will remain liable for any unauthorized use of all of the Website’s services, and for any charges that accrued to his or her account
9.8 Cancelling your Subscription Package. You are free to cancel your subscription at any time. To start your subscription cancellation, enter the "My Profile" section, click on the “Cancel Billing” tab and follow our site instructions to proceed. Should you have any questions, contact us by sending an email to: email@example.com
9.9 No refunds. As the Services are targeted at business customers and not consumers, we do not offer any refunds, unless there has been evidence provided in an acceptable form of unauthorised activity by a third party. You further acknowledge that Subscription Packages are not refundable, in whole or part, upon membership termination either by you, or us, in accordance with clause 10.
10.1 Duration of this agreement. These Terms and thus our agreement with you, will become effective from the point at which you first access the Site or otherwise first use the Services (whichever is earlier), and will remain in full force and effect unless and until your account is terminated by you or us. Any provisions relating to warranties and indemnities by you shall survive termination of our agreement.
10.2 Termination of automatic Subscription renewal. As explained in Section 9, your Subscription (if any) will be automatically extended for successive renewal period of the same duration as the subscription term originally selected, at the then current full price in accordance with the processes laid out in clause 9 hereto. Please note that you must terminate your Subscription prior to the end of the Subscription period for which you have paid to avoid being charged for the next Subscription period. To change or terminate your subscription at any time, please follow the subscription cancellation procedure described in clause 9.
10.3 Termination of your account by you. You may terminate your user account at any time and for any reason by closing your account, and contacting us at firstname.lastname@example.org Please ensure that you cancel any repeat billing for any active Subscriptions prior to closing your account. When emailing us you must include your account information (including email address linked to the account) in order that we can verify that you are in fact the account holder authorised to amend the account. Please be aware that any notice of intention to cancel shall take effect upon receipt by us and only cancellations requested by you as a genuine user of the Services (and the account holder) will be effective. A cancellation initiated by any other party or entity (without proof of your authorisation to act on your behalf), will not be considered a valid cancellation and you will continue to be charged.
11.1 While we aim to respond to all incoming support requests within 24 hours, there is no agreement to respond within a certain period of time.
11.2 You understand that we use third party vendors and hosting partners to provide the necessary hardware, software, networking, storage, and related technology required to run the Services. Verbal, physical, written or other abuse (including threats of abuse or retribution) with respect to any of our users, employees, directors, officers or vendors will result in immediate account termination.
14.2 Electronic communications. You agree that all notices or other communications regarding your account and/or your use of the Site ("Communications"), may be provided to you electronically and you agree to receive all Communications from us in electronic form. You may print a copy of any Communications and retain it for your records. All electronic Communications will be considered just as legally binding as if they were in paper form. You may revoke your consent to receive Communications electronically, but if you revoke your consent to receive Communications electronically, we reserve the right to terminate your right to use our Site.
15.2 By submitting any Uploaded Data, User Content or Third Party Content (as previously defined in these Terms) to our Services, you are certifying that you are the exclusive author and owner of that content (and that our use will not infringe or violate the rights of any third party, including privacy rights, publicity rights, intellectual property rights, contract rights, or any other rights) and you agree that you waive any moral rights relating to that content (including the right to be identified as the author).
15.3 You accept and agree that we have the right to disclose your identity to any third party who is claiming that any content posted or uploaded by you to our Site constitutes a violation of their intellectual property rights or of their right to privacy or any other law.
15.4 We have in place procedures for handling claims that content displayed on our Site infringes a third party’s copyright. Pursuant to the Digital Millennium Copyright Act of 1998, as amended, notifications of claimed copyright infringement under United States copyright law should be sent to our Designated Agent specified in the Notice and Procedure for Making Claims of Copyright Infringement. ALL INQUIRIES NOT RELEVANT TO THAT PROCEDURE WILL RECEIVE NO RESPONSE.
16.1 We may take any action that we deem necessary or appropriate if we believe that any person has violated these Terms including but not limited to:
17.1 THIS SITE, SERVICES AND ALL OF ITS CONTENT ARE PROVIDED "AS IS." YOU MUST NOT RELY ON ANY INFORMATION PUBLISHED ON OR LINKED TO THIS SITE WITHOUT FIRST MAKING YOUR OWN ENQUIRIES TO VERIFY IT IS ACCURATE, CURRENT AND COMPLETE. WE DO NOT MAKE, AND EXPRESSLY DISCLAIM, ANY REPRESENTATIONS, WARRANTIES, COVENANTS AND CONDITIONS, EXPRESS OR IMPLIED, ARISING OUT OF OPERATION OF LAW, COURSE OF PERFORMANCE, COURSE OF DEALING, USAGE OF TRADE OR OTHERWISE, INCLUDING ANY EXPRESS OR IMPLIED WARRANTIES AND CONDITIONS OF: MERCHANTABILITY; FITNESS FOR A PARTICULAR PURPOSE; NON-INFRINGEMENT; SAFETY; QUALITY; FREEDOM FROM DEFECTS OR THAT DEFECTS WILL BE CORRECTED; UNINTERRUPTED, VIRUS-FREE OR ERROR-FREE USE OF THIS SITE; OR ACCURACY, CURRENCY, RELIABILITY, COMPLETENESS OR APPROPRIATENESS RELATING TO THE CONTENT OF THIS SITE.
17.2 Without limiting the generality of the foregoing, we make no warranty that your use of the Services will be secure, uninterrupted, always available, error-free or will meet your requirements, or that any defects in the Services will be corrected We make no warranty as to the results that may be obtained from the use of this Site or our Services, or as to the accuracy or reliability of any information obtained through this Site or the Services. No advice or information, whether oral or written, obtained by you through this Site or the Services, or from us or our subsidiaries/other affiliated companies shall create any warranty.
17.3 SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO THE FOLLOWING LIMITATION AND EXCLUSIONS MAY NOT APPLY TO YOU AS A PERSON, A SITE VISITOR, A USER, A PROFESSIONAL INDIVIDUAL OR ANY OTHER FORM OF USER OF OUR SERVICES WHICH INCLUDES THE SITE. TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES AND UNDER NO LEGAL THEORY (INCLUDING, WITHOUT LIMITATION, TORT, CONTRACT, STRICT LIABILITY, OR OTHERWISE) SHALL WE (OR OUR LICENSOR(S) OR SUPPLIER(S)) BE LIABLE TO YOU OR TO ANY OTHER PERSON FOR ANY DIRECT OR INDIRECT, SPECIAL, PUNITIVE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING DAMAGES FOR LOST PROFITS, LOSS OF GOODWILL, WORK STOPPAGE, ACCURACY OF RESULTS, OR COMPUTER FAILURE OR MALFUNCTION arising out of or in connection with (a) any actions or inactions of Users (b) your use or the inability to use the Service; (c) unauthorized access to or alteration of your transmissions or data; (d) statements or conduct of any third party on the Service including any User Content or Third Party Content; (d) Uploaded Data, or (e) any other matter beyond our reasonable direct control.
17.4 Notwithstanding the foregoing, in any event, in no case shall we be liable to you for ANY AMOUNT, IN THE AGGREGATE, IN EXCESS OF THE GREATER OF (I) $100 OR (II) FOR PAYING USERS, THE AMOUNTS PAID BY YOU TO US IN CONNECTION WITH THE SERVICES IN THE THREE (3) MONTH PERIOD PRECEDING ANY APPLICABLE CLAIM.
17.5 The limitations specified in this section will survive termination or expiration of this agreement.
18.1 You agree to indemnify us, our officers, directors, employees, agents, affiliates (and officers, directors, employees and agents of affiliate entities) for any claims, causes of action, debts, losses, costs, liabilities and expenses (including reasonable legal fees) relating to or arising, directly or indirectly, out of your, or anyone using your account’s: (i) use of or inability to use the Services, (ii) any content or information posted using your account, (iii) violation of these Terms, (iv) violation of any rights of a third party, or (iv) violation of any applicable laws, rules or regulations.
18.2 We reserve the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You agree to provide us with full co-operation if we choose to exercise this right and all other terms of indemnification will continue to apply. This indemnity shall survive termination or expiration of this agreement.
19.1 Assignment. We may transfer, assign or subcontract the rights, interests or obligations under these Terms, at our sole discretion, without obtaining your consent.
19.2 Hyperlinks. You may link to our Site, as long as this is done in a fair way that does not negatively affect our reputation or business and does not suggest any form of association where there is none. We reserve the right to request that you withdraw any link and you agree to cooperate with us in causing any unauthorized framing or linking to terminate immediately.
19.3 Severability and No Waiver. If any of these Terms are deemed inconsistent with applicable law, then such term(s) shall be interpreted to reflect the intentions of the parties, and no other terms will be modified. The failure of any party hereto to exercise any right, power or remedy provided under these Terms or otherwise available in respect hereof at law or in equity, or to insist upon compliance by any other party hereto with its obligations hereunder, and any custom or practice of the parties at variance with the terms hereof, shall not constitute a waiver by such party of its right to exercise any such or other right, power or remedy or to demand such compliance.
19.5 Governing law and jurisdiction. These Terms will be governed by the laws of England and Wales. Any disputes relating to these Terms, or the Services to which they relate, will be heard exclusively in the courts located in England, UK.
19.6 Language. These Terms are written in the English language and any proceedings relating to these documents and any related dispute shall be conducted in English. If we make these documents available in any other language, the terms in the English language version shall prevail.
20.1 Complaints or comments may be addressed to our support department by contacting us:
|Our company name:||SenderSystems Limited|
|Our registered office address:||Cornerstone Business Centre, Suite 1, Level 2, 16th September Square, Mosta, MST 1180, Malta|
|Our support email:||email@example.com|
20.2 We will endeavour to respond to and duly investigate any compliant within a reasonable period.