Effective as of: November 1st, 2017.
(3) Our Service is not intended for children under 18 years of age. No one under age 18 may provide any information to the Website/App. We do not knowingly collect personal information from children under 18. If you are under 18 and unless your consent is given or authorized by the holder of your parental responsibility in accordance with applicable law, do not use or provide any information on this Website/App or on or through any of its features, use any of the interactive or public comment features of this Service or provide any information about yourself to us.
(4) Our Service is not intended for Candidates that are prohibited or limited in any way from acting as a Candidate on the Website/App by any contract, employer’s policies or codes of conduct, obligations that limit Candidate’s conduct or any rules of conduct applicable to Candidate’s profession or industry or any similar laws, rules or regulations. Candidate hereby confirms it is not prohibited or limited in any way from acting as a Candidate on the Website/App.
- Description of the Service
Jobsulting is a job board platform specialized in management consulting positions. Jobsulting provides a platform that makes available: i) job listings created and posted by third-party consulting firms (the “Recruiters“); and ii) feature listings of independent consultants and small firms (the “Candidates“). To use the Services and have access to communicate with the Candidates, Recruiters that are not members of the Consulting Quest services are required to pay a fee for any projects obtained through our Services.
- Accessing the Service and Account Security
(2) After a successful registration you will be provided with an username and password for your own use (the “Account“), through which you will be able to access the Service.
(5) If you choose, or are provided with, a user name, password or any other piece of information as part of our security procedures, you must treat such information as confidential, and you must not disclose it to any other person or entity. You also acknowledge that the Account is created only for Your specific business entity and you agree not share your username and password. You agree to notify us immediately of any unauthorized access to your Account or any other breach of security. You should use particular caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information.
(6) If we believe the User is in breach of any of these Terms, we reserve the right to reject, suspend or revoke your access to the Service, in our sole discretion.
- Usage Restrictions
(1) Recruiter shall not (a) modify, translate, adapt or otherwise create derivative works or improvements, whether or not patentable, of the Website/App and Service; (b) reverse engineer, disassemble, decompile, decode or otherwise attempt to derive or gain access to the source code of the Website/App, Service or any part thereof; (c) remove, delete, alter or obscure any trademarks or any copyright, trademark, patent or other intellectual property or proprietary rights notices from the Website/App, including any copy thereof; (d) rent, lease, lend, sell, sublicense, assign, distribute, publish, transfer or otherwise make available the Service or any features or functionality of the Website/App, to any third party for any reason, including by making the Service available on a network where it is capable of being accessed by more than one device at any time; (e) remove, disable, circumvent or otherwise create or implement any workaround to any copy protection, rights management or security features in or protecting the Service; (f) offer, advertise or promote, in any manner, any services or products that may compete with those provided by us to Users identified though the Website/App.
(2) If you wish to make any use of material on the Service other than that set out in this section, please address your request to: firstname.lastname@example.org
- License; Reservation of Rights
(2) You acknowledge and agree that the Service is provided under software as a service license, and not sold, to you. You do not acquire any ownership interest in the Service under these Terms, or any other rights thereto other than to use the Service in accordance with the license granted, and subject to all terms, conditions and restrictions, under these Terms. Company and its licensors and service providers reserve and shall retain their entire right, title and interest in and to the Service, including all copyrights, trademarks and other intellectual property rights therein or relating thereto, except as expressly granted to you in these Terms.
- Intellectual Property Rights
The Service and its entire contents, except user generated content, features and functionality including but not limited to all information, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, are owned by the Company, its licensors or other providers of such material and are protected by copyright, trademark, patent, trade secret and other intellectual property or proprietary rights laws.
The Company name, the terms, the Company logo and all related names, logos, product and service names, designs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company. All other names, logos, product and service names, designs and slogans on this Website/App are the trademarks of their respective owners.
- Other Businesses
(1) Parties other than us may provide services on the Website/App. We are not responsible for examining or evaluating, and we do not warrant the offerings of, any of these businesses or individuals. We do not assume any liability for the actions, services, and content of all of these or any other third parties. We may share your information related to those transactions with that third party.
(2) We allow third party service providers to list and sell their services at our Website/App. We provide a venue for Candidates and Recruiters to negotiate and complete transactions. Accordingly, the contract formed for these third party services is solely between Recruiter and Candidate. We are not a party to this contract nor assume any responsibility arising out of or in connection with it nor are we the Candidate’s agent. The Candidate is responsible for the sale of the services and for dealing with any Recruiter claims or any other issue arising out of or in connection with the contract between the Recruiter and Candidate.
- Your Responsibilities
You are solely responsible for (a) the operation, performance and security of Users’ equipment, networks and other computing resources needed and used to connect to and make full use of the Services; (b) maintaining the confidentiality of Users’ accounts, passwords and personal identification numbers used in conjunction with the Services; (c) all uses of the Services by you; and (d) notifying us immediately of any unauthorized use of its account or any other breach of security. You agree to hold us harmless and we will not be liable for any losses or damages that you may incur as a result of a third party using its password or account.
- Fees; Plans; Commission
(1) Recruiters that are members of our network shall be entitled to access the functionalities of our Website/App free of charges. Functionalities of our Website/App for Recruiters that are not members of our network shall be subject to the fees set out in our Fees page.
(2) The use of the Website/App by Candidates is free of charges, however, we may charge fees for certain specific services to Candidates, including, but not limited to, review of professional social media profiles and professional documents. Any fees related to such specific services shall be informed on the Website/App prior to any order.
(3) Upon registration of a Candidate, we may request certain information and/or documents for the purposes of identification and verification of the details provided by the Candidate. You authorize us, including through third parties, to make any inquiries necessary to validate your qualifications and identity. The approved background check will entitle the Candidate to full access to the platform, including for the purposes of reaching out to potential Recruiters and advertising their services to Recruiters, in accordance with these Terms.
- Billing and Payment
(1) Unless otherwise specified, any membership fees and other similar charges (the “Subscription Charge”) are due in full upon commencement of your subscription term. If you fail to pay your Subscription Charges or charges for other services indicated in these Terms within ten (10) business days of our notice to you that payment is due, or if you do not update relevant payment information upon our request, in addition to other remedies, we may suspend or terminate access to and use of such Service by you.
(2) Unless otherwise stated, our charges do not include any taxes, levies, duties or similar governmental assessments, including, but not limited to taxes assessable by any local, state, federal or foreign jurisdiction (collectively, the “Taxes”). You are responsible for paying Taxes except those charged against the Company based on its income.
(3) If you pay by credit card or certain other payment instruments, the Service provides a link to our payment processing agent. You hereby authorize the Company or any payment agent hired by Company to bill your credit card or other payment instrument in advance on a periodic basis in accordance with the terms of the Plan for the Service until you terminate your subscription to the Service. You agree to promptly update your account information with any changes that may occur. In any case, any payment agent hired by the Company will not be permitted to store, retain or use your billing information except to process your credit card information.
(4) All bank and transaction fees associated with the payment for the Service, including, but not limited to services of a correspondent bank or transferring money, shall be paid by the you.
- Discount Codes
(1) In certain situations and in Company’s sole discretion, the Company may offer certain Recruiters discount codes for the purposes of acquiring services from Candidate on or through our Service (the “Discount Codes”). The Company reserves the right to vary, suspend or discontinue any discount offers or Discount Codes without notice to You at any time.
(2) Any Discount Codes shall be subject to the following conditions: (a) each Recruiter may only use one Discount Code for each Engagement on or through the Website/App; (b) You shall use any Discount Code in connection with any other promotional offers or sales discounts; (c) each Discount Code may only be used once; and (d) Discount Codes shall not grant You any cash redemption rights.
- Prohibited Uses
(2) Additionally, you agree not to (a) use the Service in any manner that could disable, overburden, damage, or impair the site or interfere with any other party’s use of the Service, including their ability to engage in real time activities through the Service; (b) use any robot, spider or other automatic device, process or means to access the Website/App or Service for any purpose, including monitoring or copying any of the material on the Service; (c) use any device, software or routine that interferes with the proper working of the Service; (d) introduce any viruses, trojan horses, worms, logic bombs or other material which is malicious or technologically harmful; (e) attempt to gain unauthorized access to, interfere with, damage or disrupt any parts of the Website/App or Service, or any server, computer or database connected to the Service; (f) attack the Service via a denial-of-service attack or a distributed denial-of-service attack; or (g) otherwise attempt to interfere with the proper working of the Service.
(3) In addition to these Terms, you agree to comply with any other use policies that may be required by third party and payment processing companies, including but not limited to PayPal Acceptable Use Policy.
- User Contributions
(1) You understand and acknowledge that you are responsible for any User Contributions you submit or contribute, and you, not the Company, have fully responsibility for such content, including its legality, reliability, accuracy and appropriateness.
(2) We are not responsible, or liable to any third party, for the content or accuracy of any User Contributions posted by you or any other user of the Service.
- Monitoring and Enforcement; Termination
(2) Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website/App. YOU WAIVE AND HOLD HARMLESS THE COMPANY AND ITS AFFILIATES, LICENSEES AND SERVICE PROVIDERS FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY ANY OF THE FOREGOING PARTIES DURING OR AS A RESULT OF ITS INVESTIGATIONS AND FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER SUCH PARTIES OR LAW ENFORCEMENT AUTHORITIES.
(3) However, we cannot review material before it is posted on the Website/App, and cannot ensure prompt removal of objectionable material after it has been posted. Accordingly, we assume no liability for any action or inaction regarding transmissions, communications or content provided by any user or third party. We have no liability or responsibility to anyone for performance or nonperformance of the activities described in this section.
- Dispute Resolution Services
(1) We offer resolution services for (a) report by the User of inappropriate behavior or breach of these Terms by another User in any of the functionalities of the Service, including but not limited to the communities, chats, forums and blogs; and (b) disputes between Candidates and Recruiters over contracts negotiated and executed on our Website/App (the latter referred to as “Dispute Resolution Services”). The Dispute Resolution Services may be subject to a fee, which will be properly informed before the report of the dispute to us.
(2) In providing such Dispute Resolution Services, the Company is not providing any legal services to you and you agree not to rely on the Company for any such counsel. Further, you agree that the Company will not be held liable for any issues arising from Users’ interactions and contracts with third parties through our Website/App and you indemnify the Company from any claims, demands and damages arising therefrom.
- Content Standards
- Reliance on Information Posted
The information presented on or through the Service is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance you place on such information is strictly at your own risk. WE DISCLAIM ALL LIABILITY AND RESPONSIBILITY ARISING FROM ANY RELIANCE PLACED ON SUCH MATERIALS BY YOU OR ANY OTHER USERS OF THE SERVICE, OR BY ANYONE WHO MAY BE INFORMED OF ANY OF ITS CONTENTS.
- Updates to the Service and the Website/App
(1) Company may from time to time in its sole discretion develop and provide Website/App and Service updates, which may include upgrades, bug fixes, patches and other error corrections and/or new features (collectively, including related documentation, “Updates“). Updates may also modify or delete in their entirety certain features and functionality. You agree that Company has no obligation to provide any Updates or to continue to provide or enable any particular features or functionality.
(2) You shall promptly download and install all Website/App Updates and acknowledge and agree that the Service or portions thereof may not properly operate if you fail to do so. You further agree that all Updates will be deemed part of the Website/App and be subject to all terms and conditions of these Terms. Any of the material on the Website/App may be out of date at any given time, and we are under no obligation to update such material.
(3) We reserve the right to withdraw or amend this Service, including mobile applications and any material, in our sole discretion without notice. We will not be liable if for any reason all or any part of the Service is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Service, or the entire Service, to users, including registered users.
- Information About You and Your Visits to the Website/App
- Termination Terms and Refund Policy
(1) You may terminate your account and subscription to any membership as of the end of your current subscription term by providing notice, in accordance with these Terms, on or prior to the date thirty (30) days preceding the end of the subscription term. Unless your account and subscription to the Services is so terminated, your subscription to the Service will be renewed for a Subscription Term of same length to the expiring subscription term. Unless otherwise specified, the Subscription Charges applicable to your subscription to the Service for any such subsequent subscription term shall be our standard Subscription Charges for the Service Plan to which you have subscribed, as of the time such subsequent subscription term commences.
(2) No refunds for Subscription Charges or other fees or payments will be provided to you if you choose to terminate your subscription to the Service or cancel your account prior to the end of your effective subscription term. Following the termination or cancellation of your subscription to the Service and to the extent permitted by law, we reserve the right to delete all data and information regarding the account and your activities. Any fees for pending projects that started before the termination of the account and subscription shall remain due.
(3) Company may terminate this Agreement at any time without notice. In addition, these Terms will terminate immediately and automatically without any notice if you violate any of its terms and conditions. Upon termination, all rights granted to you under this Agreement will also terminate. Termination will not limit any of Company’s rights or remedies at law or in equity.
- Disclaimer of Warranties
(1) You understand that we cannot and do not guarantee or warrant that files available for downloading from the internet or the Website/App will be free of viruses or other destructive code. You are responsible for implementing sufficient procedures and checkpoints to satisfy your particular requirements for anti-virus protection and accuracy of data input and output, and for maintaining a means external to our site for any reconstruction of any lost data. WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY A DISTRIBUTED DENIAL-OF-SERVICE ATTACK, VIRUSES OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE WEBSITE/APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
(2) YOUR USE OF THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE IS AT YOUR OWN RISK. THE SERVICE, ITS CONTENT AND ANY SERVICES OR ITEMS OBTAINED THROUGH THE SERVICE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITH ALL FAULTS AND DEFECTS WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NEITHER THE COMPANY NOR ANY PERSON ASSOCIATED WITH THE COMPANY MAKES ANY WARRANTY OR REPRESENTATION WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, QUALITY, ACCURACY OR AVAILABILITY OF THE WEBSITE/APP. WITHOUT LIMITING THE FOREGOING, NEITHER THE COMPANY NOR ANYONE ASSOCIATED WITH THE COMPANY REPRESENTS OR WARRANTS THAT THE SERVICE, ITS CONTENT OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP WILL BE ACCURATE, RELIABLE, ERROR-FREE OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR SITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS OR THAT THE WEBSITE/APP OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP WILL OTHERWISE MEET YOUR NEEDS OR EXPECTATIONS.
(3) THE COMPANY HEREBY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR PARTICULAR PURPOSE.
(4) THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Limitation on Liability
(1) IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE SERVICE, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE WEBSITE/APP OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE WEBSITE/APP OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
(2) THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
- Export Regulations
The Service may be subject to export control laws. You shall not, directly or indirectly, export, re-export or release the Service to, or make the Service accessible from, any jurisdiction or country to which export, re-export or release is prohibited by law, rule or regulation. You shall comply with all applicable laws, regulations and rules, and complete all required undertakings (including obtaining any necessary export license or other governmental approval), prior to exporting, re-exporting, releasing or otherwise making the Service available outside the United States of America.
- Governing Law and Jurisdiction
- Limitation on Time to File Claims
- Waiver and Severability
- Entire Agreement
- Relationship of the Parties
These Terms are not an agency, partnership, joint venture, employment or other such business arrangement. You may not act as agent for, or on behalf of, the Company, or to represent the Company, or bind the Company in any manner.
The Company may assign these Terms or any part of them, and the Company may delegate any of its obligations under these Terms. You may not assign these Terms or any part of them, nor transfer or sub-license your rights under these Terms, to any third party.
- Your Comments and Concerns
This Website/App is operated by Consulting Quest.
All other feedback, comments, requests for technical support and other communications relating to the Service should be directed to: email@example.com.