- The Service. The Quickily service provides a mobile platform that allows Job Hunters and Employers to match with each other. Job Hunters will be able to create a standardized resume via the platform and search through an employer database covering many major cities worldwide, in order find interesting job opportunities and connect with prospective employers. Employers will be able to search through the database of our registered Job Hunters to find prospective employees or contractors. Both Job Hunters and Employers can swipe left for jobs or prospects they are not interested in, and swipe right for jobs, prospects or candidates they are interested in connecting with. The Quickily App features a “Chat” service that permits Job Hunters and Employers to send instant messages to one another within the App. Conversations can only be initiated by the Employer, not the Job Hunter. In order to initiate a conversation, both parties must match to one another. You match with other Users when you both swipe right or accept one another. Once both Employer and Job Hunter have matched, they may also choose to use the Video Interview Feature described below. (Collectively, the “Service”)
- Video Interview Feature. Employers have the ability to set up and carry out asynchronous “selfie video” -based interviews of Job Hunters through the Service (the “Video Interview Feature”). In order to use the Video Interview Feature, an employer chooses certain questions they would like Job Seekers to answer. Once a Job Hunter is matched by the Employer, the Job Hunter will have the opportunity to answer the questions through the Quickily App. Once the questions have been accessed by the Job Hunter, the Job Hunter has 30 seconds to read each question and a further 90 seconds to record a video of themselves answering the question which is sent to the employer immediately afterwards.
- IMPORTANT: IN SOME JURISDICTIONS HUMAN RIGHTS LEGISLATION, EMPLOYMENT STANDARDS LEGISLATION OR OTHER SIMILAR LAWS, RULES OR REGULATIONS THAT PROHIBIT THE PROVISION OF A PHOTOGRAPH IN CONNECTION WITH A JOB APPLICATION. IF YOU RESIDE IN SUCH A JURISDICTION, DO NOT UPLOAD A PHOTOGRAPH OF YOURSELF ON THE QUICKLY APP. IF YOU CHOOSE TO UPLOAD A PHOTOGRAPH TO YOUR PROFILE YOU HEREBY REPRESENT AND WARRANT THAT YOU ARE RESIDING IN OR GOVERNED BY LAWS OF A JURISDICTION THAT DOES NOT PROHIBIT INCLUDING A PHOTOGRAPH WITH A JOB APPLICATION. JOB HUNTERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE LAWS AND REGULATIONS APPLICABLE IN THEIR JURISDICTION. QUICKLY DOES NOT MONITOR USER PROFILES, NOR WILL WE BE RESPONSIBLE FOR DETERMINING THE LAWS, RULES AND REGULATIONS APPLICABLE IN DIFFERENT JURISDICTIONS. IN NO CIRCUMSTANCES WILL QUICKLY BE LIABLE ANY CLAIM IN CONNECTION WITH THE UPLOADING OR INCLUSION OF A PROFILE PICTURE IN ANY JOB HUNTER’S PROFILE.
- Job Hunter Registration. When you register for an account with us, you may choose to register using a social networking site (“SNS”) login, such as LinkedIn or Facebook, or you can register by providing an email address. If you register through a SNS, we may access certain information contained in your public profile such as friends’ lists or connections, skills, employment history, and education. You also have the option to upload a profile picture.
- Job Hunter Profile. When Job Hunters create a profile on the platform, you can either manually input information or grant permission for the Quickily App to collect information from LinkedIn or Facebook. The following information can be included in your profile: a summary of your experience; optional profile picture; past three work experiences (if any), including duration of the engagement and the name of the company; certifications (if applicable); languages and education.
- Employer Job Postings. When Employers create a job posting, they have the option to upload the following (i) the company logo or trademark (ii) background picture, (iii) location of the company, (iv) summary of the position, (v) requirements for the job (credentials, experience, etc.), and (vi) duties and responsibilities. It is your responsibility to ensure that any offers to make to any Job Hunter via the Quickily App comply with local laws, including without limitation, local employment standards legislation.
- IMPORTANT: EMPLOYERS HEREBY AGREE THAT IN CREATING AN JOB POSTING YOU SHALL NOT REQUIRE JOB HUNTERS TO DIRECTLY OR INDIRECTLY PROVIDE OR OTHERWISE MAKE AVAILABLE A PHOTOGRAPH OF THEMSELF IN CONNECTION WITH ANY APPLICATION FOR ANY JOB POSTING, WHETHER FORMAL OR INFORMAL. YOU FURTHER UNDERSTAND AND AGREE THAT IF A PROFILE PICTURE IS PROVIDED AS PART OF A JOB HUNTER’S APPLICATION, YOU WILL NOT CONSIDER THE PHOTOGRAPH AS A BASIS FOR ANY HIRING DECISION, REGARDLESS OF WHETHER THE PROVISION OF SUCH A PHOTOGRAPH IS PERMITTED BY LAW OR NOT.
- Hiring Practices Disclaimer. Any discussions or communications between Job Hunters and Employers, whether occurring via the Quickly App or otherwise are solely between the Job Hunters and Employers. Quickily does not and cannot exercise any control over the hiring practices of any Employer using the Quickily App, and shall not be responsible or liable in any way for the hiring practices of any employer or the content of any discussions or negotiations between a Job Hunter and an Employer. Furthermore, any agreement or contract whether written or oral, made between any Job Hunter and any Employer is a separate agreement solely between those parties.
- Job Postings Disclaimer. Quickly provides a platform to connect Job Hunters with prospective Employers. We do not create jobs, do not exercise control over any of the individuals or entities who post jobs on the Quickly App, and we do not represent or are in anyway related to any of the Employers using the Services. We do not monitor the job postings and are not responsible for determining and ensuring compliance with local laws in connection with employment standards. Quickily does not and cannot confirm that users and Job Hunters are or Employers are who they claim to be. Quickily assumes no responsibility and disclaims all liability for the content, accuracy, completeness, legality, reliability or availability of any job listing, information that is contained on Quickily or that is otherwise accessed in connection with a Job Hunter or Employer’s use of Quickily. Users are solely responsible for comply with local laws, rules and regulations. Any agreement or contract whether written or oral, made between any Job Hunter and any Employer is a separate agreement solely between those parties.
- Content. All information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, including the content of any Job Hunter resume and any Employer job posting, whether publicly posted or privately transmitted to the Website by viewers or users (“User Content”), is the sole responsibility of such viewers or users. This means that the viewer or user, and not Quickily, are entirely responsible for all such material uploaded, posted, emailed, transmitted or otherwise made available by using the Service. Quickily does not control or actively monitor User Content and, as such, does not guarantee the accuracy, integrity or quality of such content. Users acknowledge that by using the Service, they may be exposed to materials, content or interactions that are offensive, indecent or objectionable. Under no circumstances will Quickily be liable in any way for any materials, including, but not limited to, for any errors or omissions in any materials or any defects or errors in any printing or manufacturing, or for any loss or damage of any kind incurred as a result of the viewing or use of any materials posted, emailed, transmitted or otherwise made available via the Service.
- User Conduct Guidelines: In using the Quickily App, Website and Services, you agree that you will:
- Provide true, complete and accurate information when registering and keep such information up to date;
- Keep your user login details and access to the Website and Quickily App secure. We will not be liable for any damages caused by virtue of the compromise of your account or password, including any unauthorized access to your account or use. Please contact us immediately at email@example.com if you suspect or become aware of any unauthorized use of your user name or password or any other breach of security; and
- Treat the other users of the Services with whom you interact with respect. You will not discriminate against any User on the basis of race, colour, ethnicity, citizenship, sexual orientation, family status, ancestry, marital status, place of origin, sex, creed, age, gender, disability or any other protected or analogous ground. You agree that you will not engage in any conduct which is threatening, harassing or otherwise harmful to other users or third parties, or do anything that breaches the general User conduct guidelines in this Section 10 or any of the restrictions set forth in Section 11. We reserve the right to terminate your access to the Services and take appropriate legal action if you are in breach of these requirements or the restrictions in Section 11 below;
- Agree not to upload any content or create any job postings that are harmful, abusive, constitute hate speech, or are harassing, discriminatory or otherwise objectionable and harmful to other Users and/or the public;
- Act honestly and in good faith and in a manner that will not harm the goodwill or reputation of Quickily; and
- Comply with these terms and all applicable laws and regulations at all time during Engagements and during other dealings with Quickily.
Quickily reserves the right to terminate your access to and use of the Website, the Quickily App and Services at any time for breach of the foregoing restrictions.
In using the Website, Quickily App and/or Service you shall not:
- copy any content unless expressly permitted to do so herein;
- upload, post, email, transmit or otherwise make available any material that:
- is unlawful, harmful, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, pornographic, libelous, invasive of another’s privacy, hateful, or racially or ethnically objectionable, discriminatory encourages criminal behaviour, gives rise to civil liability, violates any law, or is otherwise objectionable;
- You do not have a right to make available under any law or under a contractual relationship;
- infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party (including privacy rights);
- is or contains unsolicited or unauthorized advertising, solicitations for business, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
- contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment or data or the Website or that of any users or viewers of the Website or that compromises a user’s privacy; or
- contains any falsehoods or misrepresentations or create an impression that you know is incorrect, misleading, or deceptive, or any material that could damage or harm minors in any way;
- license, sell, rent, lease, transfer, assign, distribute, host, or otherwise commercially exploit the Website or Quickily App;
- intentionally or unintentionally violate any applicable local, state, national or international law or regulation;
- forge headers or otherwise manipulate identifiers in order to disguise the origin of any material transmitted to or through the Website or impersonate another person or organization;
- impersonate any person or entity or misrepresent their affiliation with a person or entity;
- interfere with or disrupt the Website or servers or networks connected to the Website, or disobey any requirements, procedures, policies or regulations of networks connected to the Website or probe, scan, or test the vulnerability of any system or network or breach or circumvent any security or authentication measures;
- collect or store personal data about other users or viewers;
- modify, translate, make derivative works of, disassemble, decompile, reverse compile or reverse engineer any part of the Quickily App or any software provided as part of the Website, except to the extent the foregoing restrictions are expressly prohibited by applicable law; or
Quickily reserves the right to suspend, restrict or terminate your access to the Website, Quickily App and Services if you violate any of the foregoing restrictions in use.
- End User License. Except for User Content, the Quickily App, this Website, and the information and materials that it contains, are the property of Quickily and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws. Subject to the terms of this Agreement, Quickily grants you a non-transferable, non-exclusive, license to (a) use the Website for your use, and (b) download, install and use one copy of the Application on a mobile device that you own or control for your use (the “License”). The Quickily App is licensed to you and not sold. Nothing in the Terms gives you a right to use the Quickily names, trademarks, logos, domain names, and other distinctive brand features without our prior written consent. You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website. Any future release, update, or other addition to functionality of the Website or Quickily App shall be subject to the terms of these Terms.
- Feedback. If you provide Quickily with any suggestions, comments or other feedback relating to any aspect of the Website, Quickily App and/or Service (“Feedback“), Quickily may use such Feedback in the Website or in any other Quickily products or services (collectively, “Quickily Offerings“). Accordingly, you agree that: (a) Quickily is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of you or any third party and you have all of the necessary rights to disclose the Feedback to Quickily, (c) Quickily (including all of its successors and assigns and any successors and assigns of any of the Quickily Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any Quickily Offerings, and (d) you are not entitled to receive any compensation or re-imbursement of any kind from Quickily or any of the other users of the Website in respect of the Feedback.
- Advertising. You acknowledge and agree that the Website may contain advertisements. If you elect to have any business dealings with anyone whose products or services may be advertised on the Website, you acknowledge and agree that such dealings are solely between you and such advertiser and you further acknowledge and agree that Quickily shall not have any responsibility or liability for any losses or damages that you may incur as a result of any such dealings. You shall be responsible for obtaining access to the Website and acknowledge that such access may involve third-party fees (such as Internet service provider access or data fees). You shall be solely responsible for any such fees and also for obtaining any equipment that is required to access the Website. It is your responsibility to ascertain whether any information or materials downloaded from the Website are free of viruses, worms, Trojan Horses, or other items of a potentially destructive nature.
- Links & Third-Party Websites. This Website (including User Content) may contain links to other websites that are not owned or controlled by Quickily. In no event shall any reference to any third party, third party product or service be construed as an approval or endorsement by Quickily of that third party, third party product or service. Quickily is also not responsible for the content of any linked websites. Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and you are responsible for determining those terms and conditions and complying with them. The presence on the Website of a link to any other website(s) does not imply that Quickily endorses or accepts any responsibility for the content or use of such websites, and you hereby release Quickily from all liability and/damages that may arise from your use of such websites or receipt of services from any such websites.
- App Store Additional Terms and Conditions. The following additional terms and conditions apply to you if you obtain a copy of the Quickily App from the Apple App Store, iTunes or GooglePlay (“App Stores”). To the extent the other terms and conditions of this Agreement are less restrictive than, or otherwise conflict with, the terms and conditions of this Section 18, the more restrictive or conflicting terms and conditions in this Section 18 shall apply, but solely with respect to the Quickily App obtained from the Application Store which is owned or operated by a third party provider (the “App Store Owner”). You acknowledge and agree that:
- c.) Quickily, not the App Store Owner, is responsible for addressing any claims of you or any third party relating to the Quickily App or your possession and/or use of the Quickily App, including, but not limited to: (i) product liability claims; (ii) any claim that the Quickily App fails to conform to any applicable legal or regulatory requirement; (iii) claims arising under consumer protection or similar legislation.; and/or (iv) intellectual property infringement claims; and
- a.) This Agreement is concluded solely between Quickily and you and not with the App Store Owner, and Quickily and not the App Store Owner, is solely responsible for the Quickily App and the content thereof. To the extent this Agreement provides for usage rules for the Quickily App which are less restrictive or in conflict with the App Store Terms of Service, the more restrictive or conflicting The Application Store Owner term will take precedence and will apply;
- b.) The App Store Owner has no obligation whatsoever to provide any maintenance and support services with respect to the Quickily App. Quickily is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. In the event of any failure of the App to conform to any applicable warranty, you may notify The App Store Owner, and The App Store Owner will refund the purchase price for the Quickily App to you and to the maximum extent permitted by applicable law. The App Store Owner will have no other warranty obligation whatsoever with respect to the Quickily App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be Quickily’s sole responsibility;
- d.) The App Store Owner, and The App Store Owner’s subsidiaries, are third party beneficiaries of this Agreement, and that, upon your acceptance of the terms and conditions of this Agreement, The Quickily App Store Owner will have the right (and will be deemed to have accepted the right) to enforce this Agreement against you as a third party beneficiary thereof.
You represent and warrant that (i) you are not located in a country that is subject to a U.S. Government embargo, or that has been designated by the U.S. Government as a “terrorist supporting” country; and (ii) you are not listed on any U.S. Government list of prohibited or restricted parties.
- DISCLAIMER OF REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE WEBSITE, SERVICE, QUICKILY APP AND ALL MATERIALS PROVIDED THEREIN ARE PROVIDED “AS IS.” QUICKILY SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE. ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL. QUICKILY DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND QUICKILY SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.
- LIMITATION OF EMPLOYER LIABILITY. UNDER NO CIRCUMSTANCES SHALL ANY EMPLOYER USING THE QUICKILY SERVICES BE LIABLE TO YOU ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, QUICKILY APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, EMPLOYMENT, EMPLOYEES (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR QUICKILY APP, (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. THESE LIMITATIONS SHALL APPLY EVEN IF EMPLOYER HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND (VII) ANY CLAIM THAT THE SERVICES, INCLUDING BUT NOT LIMITED TO THE QUICKILY APP AND THE VIDEO INTERVIEW FEATURE, FAIL TO CONFORM TO ANY APPLICABLE LEGAL OR REGULATORY REQUIREMENT IN YOUR JURISDICTION.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, ANY EMPLOYER’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO FIFTY CANADIAN DOLLARS ($50).
- LIMITATION OF QUICKILY LIABILITY. UNDER NO CIRCUMSTANCES SHALL QUICKILY BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE THIS WEBSITE, QUICKILY APP OR THE SERVICE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, EMPLOYMENT, EMPLOYEES (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE SERVICE, (V) ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE OR QUICKILY APP, OR (VI) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE. QUICKILY WILL NOT BE LIABLE AND EXPRESSLY DISCLAIMS LIABILITY FOR ANY TYPE OF CONTENT EXCHANGED BY MEANS OF THE SERVICE, INCLUDING WITHOUT LIMITATION THE CONTENT OF ANY DISCUSSIONS, USER INTERATIONS, NEGOTIATIONS, JOB OFFERS, JOB POSTINGS, RESUME CONTENT, OR ANY OTHER USER CONTENT OR THE ACTIONS OR OMISSIONS OF ANY EMPLOYER OR JOB HUNTER, OR THE UNSUITABILITY OF ANY JOB HUNTER FOR A JOB. THESE LIMITATIONS SHALL APPLY EVEN IF QUICKILY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, QUICKILY’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT (FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF THE ACTION), WILL AT ALL TIMES BE LIMITED TO THE GREATER OF (A) FIFTY CANADIAN DOLLARS ($50) OR (B) AMOUNTS YOU’VE PAID QUICKILY IN THE PRIOR 12 MONTHS (IF ANY) THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
- Availability & Updates. Quickily may alter, suspend, or discontinue this Website at any time and for any reason or no reason, without notice. The Website, Service and/or Quickily App may be unavailable from time to time due to maintenance or malfunction of computer or network equipment or other reasons. Quickily may periodically add or update the information and materials on this Website without notice.
- Security. Information sent or received over the Internet is generally unsecure and Quickily cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information. You are responsible for safeguarding the password that you use to access the Service and you are responsible for any activities or actions under your password. You agree to keep your password secure. Quickily will not be liable for any loss or damage arising from your failure to comply with these requirements.
If you have any questions about these Terms or if you wish to make any complaint or claim with respect to the Quickily App or Service, please contact us at: firstname.lastname@example.org.
Effective Date: March 1, 2017