Effective Date:
17th, January, 2024.
These Terms of Service (“Terms”) govern the contractual
relationship between IGNITION AI - FZCO, doing business as ‘Supamatch
a company governed by the laws of the United Arab Emirates (UAE), duly
registered by the International Free Zone Authority (UAE), having its
registered office located at Dubai Silicon Oasis, DDP, Building A1,
Dubai, United Arab Emirates, UAE (hereinafter collectively referred to
as “Supamatch”, “we”, “our”, and “us”),
and each Recruiter (defined below),
Job Seekers (defined below), individual, entity, user or visitor
(collectively “you” or “your”):
(i)
accessing Supamatch’s website located at https://www.supamatch.com
(hereinafter referred to as the “Website”), and/or
(ii)
using the Services (as defined under Section 2.2 of these Terms).
You and Supamatch shall also hereinafter be referred to together as
the “Parties” and individually as a “Party”.
Please read these Terms carefully before using the Website and
Services. Your access to the Website and your use of the Services
(defined below) are conditioned upon your acceptance of and compliance
with these Terms.
1.
ACCEPTANCE AND MODIFICATION OF TERMS
1.1
By accessing the Website and by using the Services (as defined below)
you agree to be bound by these Terms and accept to comply with all
applicable laws and regulations. Should you disagree to be bound by
these Terms, in whole or in part, you shall (i) not be
permitted/authorized to use the Services (defined below), and (ii)
refrain from accessing/using the Website and Services.
1.2
Your continued use of the Website and Services shall be deemed to
constitute your acceptance of these Terms.
1.3
Modification of Term. Supamatch reserves the
right, at any time and in its sole discretion, to modify or replace
these Terms. You shall be solely responsible for checking these Terms
periodically so as to stay abreast of any changes to the Terms. Your
continued access to the Website and use of the Services following the
posting of any changes to these Terms shall be subject to the newly
modified Terms.
2.
SERVICES
2.1
Supamatch provides both Recruiters and you, through the Website, with an AI-driven Web-based proprietary platform embedded/integrated on
the Website (hereinafter referred to as the “Platform”), which enables Recruiters (defined below), professionals and job
seekers (hereinafter referred to collectively as “Job Seekers”)
to use the Services (defined below).
2.2
Supamatch also:
(i)
Job Seekers with an AI-driven resume builder which optimizes resumes
with industry-specific keywords to enhance visibility in applicant
tracking systems;
(ii)
Job Seekers with a cover letter assistant that offers AI-generated cover letters
tailored to specific job descriptions, and which highlight your
relevant skills and experiences; and
(iii)
recruitment agencies i.e. third party external recruiters
(“Recruiter(s)”) with the ability to:
(a)
create, edit or delete custom job posts,
(b)
create clients (for recruitment agencies only),
(c)
upload and view the Job Seekers resume,
(d)
view job applications,
(e)
match and categorize Job Seekers with each job post,
(f)
email Job Seekers,
(g)
view analytics associated with the job posts,
(h)
view hiring key performance indicators, and
(i)
create customized access roles to setup user permissions within
his/her organization, manage the interview cycle, and send mass emails
(for admin users only),
(collectively the “Services”).
2.3
License Grant.
Supamatch hereby grants you with a limited, non-exclusive,
non-transferable, non-sublicensable license to use the Platform via
the Website in strict compliance with the terms and conditions of the
present Terms, and for the Recruiter’s internal business purposes in
accordance with the features of the applicable Subscription Plan
(defined below).
2.4
You acknowledge that Supamatch shall not be responsible for:
(i)
screening the authenticity or quality of any information and
third-party material, content, and data, you post on our Website
and/or Services;
(ii)
verifying the Job Seekers academic and employment history; and
(iii)
any business transactions/dealings between the Job Seeker and any
Recruiter registered on the Platform.
2.5
Job Seekers acknowledge and understand that Supamatch does not
guarantee that the use of our Services will lead to the Job Seekers
obtaining job interviews or employment offers, and that Supamatch is
not a job placement or recruitment service.
2.6
Recruiters agree to comply with any and all applicable policies of
their company/organization at all times, and to respect the privacy of
all users on the Platform, including the personal information of Job
Seekers.
2.7
Recruiters acknowledge and understand that Supamatch will not be
responsible for any errors in a Job Seekers resume found on the
Platform, any illegal activities conducted by the Recruiters or their
authorised users, as well as any misuse of the Services by the
Recruiter and its authorised users.
2.8
In order to use the Services for the purposes of hiring a Job Seeker,
Recruiters shall be required to execute a separate subscription
agreement with Supamatch.
2.9
Recruiters acknowledge that for each job that the Recruiter posts on
the Platform, the maximum number of resumes that the Recruiter can
receive per job post will be five hundred resumes (500) unless
otherwise agreed by the Parties. Any surplus resumes (i.e. in excess
of the five hundred limit will be stored by Supamatch.
2.10
Supamatch does not control or endorse the content or information
found through any of the Services and, therefore, Supamatch
specifically disclaims any liability with regard to the Services and
any actions resulting from your participation in any Services.
2.11
You may connect to the Services using any Internet browser supported
by the Services on the Platform. You acknowledge that you shall solely
be responsible for obtaining access to the Internet and the equipment
necessary to use the Services.
2.12
You acknowledge that Supamatch may add, change, suspend, remove or
discontinue any part/content or all of the Services, Website, and/or
Platform, in its sole discretion at any time, without notice and for
any or no reason.
2.13
You agree to use the Website and access the Services for lawful
purposes only. Therefore, you agree to not:
(i)
use any material or information, including images or photographs, in
any manner that infringes Supamatch’s or any third party’s copyright,
trademark, patent, trade secret, or other proprietary right;
(ii)
falsify or delete any copyright management information, such as
author attributions, legal or other proper notices or proprietary
designations or labels of the origin or source of software or other
material contained on the Website and Services made available to
you;
(iii)
use, download or otherwise copy, or provide (whether or not for a
fee) to an individual or entity any directory of users of the
Services, any information and/or any portion thereof;
(iv)
violate any applicable laws or regulations; and/or
(v)
use the Services and Website for any unauthorized commercial
purposes.
2.14
Support Services. Supamatch shall provide you with support services via email to contact@supamatch.com
Monday to Friday, in order to address any queries and concerns you may
have pertaining to the Services as well as to any payment/account
issue. We shall endeavour to resolve any queries and concerns you may
have within seven (7) business days from the date you first logged the
issue with us.
3.
REGISTRATION, PASSWORD AND SECURITY
3.1
In order to use the Services, you must first register with Supamatch
through our online registration process, by providing all required
information which shall include but not be limited to:
(i)
the Job Seeker’s full name, email address, contact information and
resume details; or
(ii)
the Recruiter’s full name, company name (if a recruitment agency),
email address, and contact information.
An account shall thereafter be opened by Supamatch, in its sole
discretion, for you on the Website and Platform (“User Account”).
3.2
Each User Account is personal, non-transferable and may only be
registered and used by one (1) single individual
or entity. You may not access any third party’s account or authorize
any third party to access your User Account and use the Services on
your behalf. You acknowledge and agree that Supamatch may, in its sole
discretion, deny you access to its Website and/or Services for any
reason or no reason at all.
3.3
Where a registered user is a legal entity, the natural person (you)
registering the User Account on behalf of such legal entity warrants
that you have the legal capacity and power to (i) act on behalf of and
represent such legal entity, (ii) proceed with the registration of the
legal entity and creation of its User Account, (iii) accept these
Terms on its behalf, and (iv) make payment of the Services for and on
behalf of such legal entity.
3.4
You agree to (i) provide true,
accurate, current and complete information about yourself as prompted
by Supamatch’s registration process on the Website, and (ii) maintain
and promptly update the information provided during registration to
keep it true, accurate, current, and complete at all times. If you
provide any information to Supamatch that is untrue, inaccurate,
outdated, or incomplete, or if we have reasonable grounds to suspect
that such information is untrue, inaccurate, outdated, or incomplete,
we may close your User Account on the Website and deny you the ability
to access and use the Services. You agree to hold Supamatch harmless
and bear full responsibility for all damages accrued by Supamatch in
the event of any violation of the obligations provided under this
Section 3.3.
3.5
You may indicate, during the registration process, to Supamatch your
User Account’s username (which shall be your registered
Google, Apple or LinkedIn account username and password) to be used
as login credentials to access your User Account (“Login Credentials”). You shall be solely responsible for (i) maintaining the
confidentiality of your Login Credentials; and (ii) any and all
activities which occur under your User Account. You agree to notify
Supamatch immediately of any unauthorized use of your User Account or
any other breach of security. Supamatch shall not be liable for any
loss that you may incur as a result of any third-party using your
Login Credentials and/or accessing/using your User Account either with
or without your knowledge. However, you may be held liable for losses
incurred by Supamatch due to any third-party using your Login
Credentials and/or User Account.
3.6
You acknowledge and agree that you may not (i) use the User Account
of another user registered on the Website, and further acknowledge
that User Accounts are for use by one user only, and (ii) impersonate
any individual or entity, or falsely state or otherwise misrepresent
any affiliation with an individual or entity when accessing the
Website and when using the Services on the Platform.
3.7
Deletion of User Account.
Should you wish to delete your User Account, you may navigate to the
profile section in your User Account and request the deletion of your
User Account. Following such request, your User Account will be
permanently deleted, as well as any data contained in the User
Account, within thirty (30) calendar days. Supamatch therefore
recommends that you download any data contained in your User Account
before deleting your User Account and prior to the expiry of the
aforementioned thirty (30) day period. You acknowledge and agree that
by submitting a request to delete your User Account, you will no
longer be able to access the Services. Supamatch shall not be liable
for any damages caused from such deletion of your User Account. The
provisions of Section 15 (Suspension and Termination) shall also apply
in case of the deletion of your User Account.
4.
USER CONTENT
4.1
“User
Content” shall mean all
the Job Seekers resume details, professional content related to the
Job Seekers career development; the Recruiters job posts and company
information; and your documents, graphics, images, content, files,
data and other information uploaded or imported into the Platform by
you. User Content shall be deemed to include any and all copies,
analyses, excerpts, reports, abstracts, modifications, summaries,
enhancements, aggregations, or other derivative works thereof.
4.2
You acknowledge and agree that Supamatch will not, and has no
obligation to, monitor or edit User Content, and you shall be solely
responsible for your User Content, including its legality,
reliability, appropriateness, format, integrity, accuracy, and its
compliance with all applicable laws, rules, and regulations. Supamatch
reserves the right to remove any User Content which Supamatch becomes
aware may violate the terms and conditions of these Terms, any
applicable law, rule, or regulation, or infringe, misappropriate or
violate any third-party’s intellectual property right or privacy
right.
4.3
You represent and warrant that:
(i)
the User Content belongs to you (i.e. you own it) or that you have
the right to use it (e.g. as licensee) and grant Supamatch the rights
and (sub-)license as granted by you under Section 4.4 of these Terms,
and
(ii)
the posting of User Content on or through the Website does not
violate (a) Supamatch’ Intellectual Property Rights (defined below) or
any third-party’s intellectual property rights, (b) privacy rights,
publicity rights, copyrights, contract rights or any other rights of
Supamatch or of any third-party.
4.4
By posting User Content on the Website or Platform, you grant
Supamatch the non-exclusive, worldwide, royalty-free, perpetual,
irrevocable, transferable right/license to fully exploit, use,
modify, perform, display, reproduce, and distribute such User
Content on and through the Website or Platform. You shall retain any
and all of your rights to any User Content you submit, post or
display on or through the Website and/or Platform and you shall be
solely responsible for protecting those rights.
4.5
Supamatch reserves the right to block or remove User Content that
Supamatch determines to be: (i) abusive, defamatory, or obscene; (ii)
fraudulent, deceptive, or misleading; (iii) in violation of Supamatch’
Intellectual Property Rights (defined below) or of any third-party’s
intellectual property rights or; (iv) offensive or otherwise
unacceptable to Supamatch in its sole and exclusive discretion.
Supamatch acknowledges that, by providing you with the ability to
view, post and distribute user-generated content on the Website or
Platform, Supamatch is merely acting as a passive conduit for such
distribution and is not assuming any obligation or liability relating
to any contents or activities or transactions on the Website and/or
Platform.
4.6
You acknowledge and agree that the User Content you upload/import for
use within the Platform may be stored on or be transmitted through
Supamatch’ systems. As such, Supamatch will use commercially
reasonable security measures to prevent unauthorized access to User’s
Content, however, you acknowledge that:
(i)
no security measures are 100% effective, and
(ii)
the Platform uses the Internet for data transfer, and Internet
communications have inherent insecurities.
4.7
By sending
Supamatch
any ideas, suggestions, documents or proposals (“Feedback”), you agree that (i) your Feedback does not contain any
confidential or proprietary information belonging to any third
party(ies), (ii) we are under no obligation of confidentiality,
express or implied, with respect to the Feedback, (iii) we may have
feedback which is similar to your Feedback, already under
consideration or in development, and (iv) you grant us an
irrevocable, non-exclusive, royalty-free, perpetual, worldwide
license to use, modify, prepare derivative works, publish,
distribute and sublicense the Feedback, and you irrevocably waive, and cause to be
waived, against
Supamatch
and its vendors and users any claims and assertions of any moral
rights contained in such Feedback.
5.
SUBSCRIPTION PLANS, SUBSCRIPTION PLAN FEES, PAYMENT METHOD AND
TAXES
5.1
Supamatch currently offers you different subscription plans on the
Website, tailored to your intended use of the Services and which shall
enable you to use selected Services (“Subscription Plan(s)”). Each Subscription Plan shall include restrictions and
requirements that outline the features of the Subscription Plan that
you will have access to as well as the applicable fee. The features of
each Subscription Plan shall be further detailed on the Website.
5.2
You will be billed on a periodic basis (“Billing Cycle”). Billing Cycles will be set on a monthly or quarterly basis.
5.3
At the end of each Billing Cycle, your selected Subscription Plan
will automatically renew under the exact same conditions unless (i)
you cancel your respective Subscription Plan from your User Account’s
dashboard, or (ii) Supamatch cancels the Subscription Plan, in
accordance with these Terms.
5.4
Payment Method. A valid payment method, including credit card or debit card is
required to process the payment for your selected paid Subscription
Plan. When you subscribe to a paid Subscription Plan, you shall
provide Supamatch with your full name, address, postal code, telephone
number, and credit or debit card details. By submitting such payment
information, you automatically authorize Supamatch to charge all
Subscription Plan fees to your credit or debit card.
5.5
Supamatch may in its sole discretion and at any time, modify the
Subscription Plan fees. Any Subscription Plan fee change will become
effective at the end of the then-current Billing Cycle. Supamatch
shall provide you with reasonable prior notice of any change in
Subscription Plan fees to give you the opportunity to terminate your
Subscription Plan before such change becomes effective. Your continued
use of the Services after the Subscription Plan fee change has come
into effect shall constitute your agreement to pay the modified
Subscription Plan fee amount.
5.6
You shall pay Supamatch all fees associated with your selected paid
Subscription Plan on time. Subscription Plan fee payments shall be
strictly non-refundable.
5.7
You shall provide Supamatch with accurate and complete credit or
debit card details to ensure a valid payment method. You warrant that
you are authorized to use your respective chosen credit or debit card
as a payment method. You shall notify Supamatch of any changes to your
respective credit or debit card details and invoicing address.
5.8
By completing the required registration on the Website for a specific
Subscription Plan, you agree to authorize Supamatch and/or our third
party payment processor such as Stripe, to charge you respective
credit or debit card on a recurring monthly/quarterly basis, until the
cancellation of the Subscription Plan or until termination/suspension
of these Terms as further provided herein under Section 15 (Suspension
and Termination), for (i) the applicable Subscription Plan fee, (ii)
any other charges as agreed between the Parties, and (iii) any and all
applicable taxes.
5.9
If Supamatch does not receive payment from your verified payment
method on the due date, you shall immediately pay all amounts due to
Supamatch upon request. Should Supamatch be unable to collect all such
outstanding amounts, Supamatch may in its sole discretion close and
cancel your User Account and access to the Services without any notice
to you.
5.10
You agree to notify Supamatch of any billing queries and errors
within thirty (30) days after receipt of your respective invoice.
Should you not notify Supamatch of any billing queries and/or errors,
this absence of notification on your part shall be deemed to
constitute your waiver of your right to dispute such queries and
errors at a later date.
5.11
Supamatch does not guarantee that the Subscription Plans offered on
the Website, will be offered indefinitely and reserves the right to
change the Subscription Plan fees and to alter the features and
options associated with any particular Subscription Plan.
5.12
Under these Terms, the term “Taxes” shall mean taxes, charges, duties, fees, levies, and other charges
of a governmental authority, including income, withholding, social
security, social contribution, transfer, sales, use, value-added and
all other taxes of any kind for which a Party may have any liability
imposed by any governmental authority, whether disputed or not, any
related charges, interest or penalties imposed by any governmental
authority, and any liability for any other person as a transferee or
successor by Law, contract or otherwise. You shall be responsible
for the payment of all Taxes associated with the purchase of the
Services. You shall not deduct from the payments due to Supamatch, any
Taxes, except as is required by applicable law.
6.
NO REFUND POLICY
6.1
Upon your payment of the fees for your selected paid Subscription
Plan, Supamatch shall provide you with access to and use of our
Services (in accordance with the features of your selected
Subscription Plan) on the Platform. As such, you acknowledge and
understand that the Services are provided to you by Supamatch on a
non-refundable basis. We therefore encourage you to access our free
Subscription Plan prior to purchasing a paid Subscription Plan. For
the avoidance of doubt, all purchases of the paid Subscription Plan
for the Services are final, and Supamatch does not offer any money-back guarantees. You
recognize and agree that you shall not be entitled to a refund for any
purchase under any circumstances.
6.2
You acknowledge and understand that (i) your cancellation of your
selected paid Subscription Plan shall not automatically guarantee a
refund; and (ii) you shall not be eligible for a refund for any and
all Services you access and use on the Platform.
7.
ACCEPTABLE USE OF THE WEBSITE AND PLATFORM
7.1
You may not use the Website and Platform to transmit, distribute,
store or destroy any material or information (i) in violation of any
applicable law or regulation, (ii) in a manner that infringes upon
Supamatch’s Intellectual Property Rights (defined below) or upon any
third-party’s intellectual property rights, (iii) in a manner that
violates the privacy or other personal rights of third parties, (iv)
that is defamatory, damaging, disruptive, obscene, threatening,
abusive or hateful, and/or (v) in order to upload, post, email,
transmit, or otherwise make available any content that (a) is deemed
unlawful, harmful, threatening, abusive, harassing, tortious, vulgar,
obscene, libellous, or invasive of another's privacy or which is
hateful, and/or racially, ethnically, or otherwise objectionable; and
(b) incites, encourages or threatens immediate physical harm against
another including, but not limited to content (1) promoting racism,
bigotry, sexism, religious intolerance or harm against any group or
individual, or (2) soliciting personal information from anyone under
the age of eighteen (18) or exploiting anyone in a sexual or violent
manner.
7.2
When accessing the Website and Platform, you shall be prohibited
from:
(i)
using any device, software or the like to interfere or attempt to
interfere with the proper functioning of the Website or Platform;
(ii)
taking any action that imposes an unreasonable or disproportionately
large data load on the Website’s infrastructure;
(iii)
copying, reproducing, altering, modifying, creating derivative works,
or publicly displaying any content from the Website or Platform
without Supamatch’s prior written consent;
(iv)
accessing, tampering with, or use non-public areas of the Website,
Platform and/or Services, of Supamatch’s computer systems and/or of
our third-party providers’ technical delivery systems;
(v)
probing, scanning, or testing the vulnerability of any of Supamatch’s
system or network or breach or circumvent any of Supamatch’ security
or authentication measures;
(vi)
accessing, searching or attempting to access or search the Website,
Platform and/or Services by any means other than through Supamatch’s
currently available, published interfaces that are provided by
Supamatch, unless you have been specifically allowed to do so in a
separate agreement with Supamatch;
(vii)
reverse-assembling, reverse-engineering, decompiling or otherwise
attempting to discover any source code relating to the Website,
Platform, Platform and/or Services or any tool therein, except to the
extent that such activity is expressly permitted by applicable law
notwithstanding this limitation;
(viii)
attempting to access any area of the Website or Platform to which
access is not authorized;
(ix)
using any robot, spider, other automatic device or manual process to
monitor or copy any part of the Website or Platform;
(x)
conducting any systematic or automated data collection activities on
or in relation to the Website or Platform, including but not limited
to data scraping, mining, extraction, harvesting, framing and article
spinning, without Supamatch’ prior written consent;
(xi)
using manual or automated software, devices, or other processes to
“crawl,” “scrape,” or “spider” any page of the Website or
Platform;
(xii)
using any robot and/or software program to scrap the Website and
Platform;
(xiii)
using the Website or Platform to transmit or send unsolicited
commercial and marketing communications for any purpose, without
Supamatch’ prior written consent;
(xiv)
uploading, posting, emailing, transmitting, or otherwise offering any
unsolicited or unauthorized advertising, promotional flyers,
"junk mail," "spam," or any other form of
solicitation, except in any such areas that may have been designated
for such purpose;
(xv)
using the Website or Platform, in any way, to send altered, deceptive
or false source-identifying information;
(xvi)
disrupting or interfering with the access of any user, host or
network, including, without limitation, sending a virus, overloading,
flooding, spamming, mail-bombing the Website or Platform;
(xvii)
creating or maintaining any third-party link on the Website or
Platform, without our prior written consent;
(xviii)
running or displaying the Website or Platform, or pages, information
or material obtained from the Website or Platform on a third-party
website or application without our prior written consent;
(xix)
forging captions, headings or titles; or uploading, posting,
emailing, transmitting, or otherwise offering any content that you
personally have no right to pursuant to any law nor having any
contractual or fiduciary relationship;
(xx)
uploading, posting, emailing, transmitting, or otherwise offering any
source that may contain a software virus or other computer code, any
files and/or programs which have been designed to interfere, destroy
and/or limit the operation of any computer software, hardware, or
telecommunication equipment;
(xxi)
disrupting the normal flow of communication, or otherwise acting in
any manner that would negatively affect other users' ability to
participate in any real-time interactions on the Website or
Platform;
(xxii)
intentionally or unintentionally violating any local, state, federal,
national or international law, including, but not limited to, rules,
guidelines, and/or regulations; and/or,
(xxiii)
collecting or storing of any personal data relating to any other user
in connection with the prohibited conduct and/or activities which have
been set forth in the aforementioned paragraphs.
8.
REPRESENTATIONS AND WARRANTIES
You hereby represent and warrant that your access to the Website,
Platform and your use of the Services will:
(i)
be in accordance with these Terms;
(ii)
comply with all applicable laws, regulations and rules (including,
without limitation, all applicable laws regarding online conduct and
acceptable content, privacy, data protection, and the transmission of
technical data);
(iii)
not be for any unlawful purposes;
(iv)
not entail, imply or give rise to the publication of any illegal
content;
(v)
not further any illegal activities;
(vi)
not infringe upon or misappropriate any Supamatch’s Intellectual
Property Rights (defined below) or any third party’s intellectual
property rights;
(vii)
will not involve uploading, posting, emailing, transmitting or
otherwise offering any content that may infringe upon any patent,
copyright, trademark, or any other proprietary or intellectual rights
of any third party; and
(viii)
not be used to create, distribute, facilitate or operate in
conjunction with malware, spyware, adware, or other malicious programs
or code.
9.
DISCLAIMER OF WARRANTIES
9.1
Your use of the Services is at your own risk. Unless otherwise provided under these Terms, the Services on the
Platform shall be provided by Supamatch to you "as is," and “as available” with all faults, defects, bugs, and
errors.
9.2
SUPAMATCH HEREBY DISCLAIMS ALL WARRANTIES AND CONDITIONS WITH REGARD
TO YOUR USE OF THE SERVICES ON THE WEBSITE AND PLATFORM, INCLUDING ALL
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, WHETHER EXPRESS, IMPLIED
OR STATUTORY, FITNESS FOR A PARTICULAR PURPOSE, TITLE,
NON-INFRINGEMENT, QUIET ENJOYMENT OR INTEGRATION. SUCH EXCLUSIONS OF
IMPLIED WARRANTIES APPLY WITHIN THE EXTENT PERMITTED BY LAW.
9.3
SUPAMATCH AND/OR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND VENDORS
MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY, ACCURACY, RELIABILITY
OR COMPLETENESS OF (i) THE INFORMATION CONTAINED ON THE WEBSITE,
PLATFORM AND SERVICES, AND (ii) RELATED GRAPHICS PUBLISHED ON THE
WEBSITE, PLATFORM AND SERVICES FOR ANY PURPOSE. SUPAMATCH AND/OR ITS
GROUP AFFILIATES (IF ANY) HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE INFORMATION CONTAINED ON THE WEBSITE,
PLATFORM AND SERVICES, INCLUDING ALL WARRANTIES AND CONDITIONS OF
MERCHANTABILITY, WHETHER EXPRESS, IMPLIED OR STATUTORY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
9.4
YOU ACKNOWLEDGE THAT THE INFORMATION AND RELATED GRAPHICS PUBLISHED
ON THE WEBSITE, PLATFORM AND/OR SERVICES MAY INCLUDE TECHNICAL
INACCURACIES OR TYPOGRAPHICAL ERRORS AND CHANGES.
9.5
NEITHER SUPAMATCH NOR ITS GROUP AFFILIATES (IF ANY), LICENSORS AND
VENDORS MAKE ANY REPRESENTATION, WARRANTY OR GUARANTEE THAT THE
INFORMATION THAT MAY BE AVAILABLE ON THE WEBSITE, PLATFORM AND
SERVICES IS FREE OF INFECTION FROM ANY VIRUSES OR OTHER CODE OR
COMPUTER PROGRAMMING ROUTINES THAT CONTAIN CONTAMINATING OR
DESTRUCTIVE ELEMENTS OR THAT ARE INTENDED TO DAMAGE, SURREPTITIOUSLY
INTERCEPT OR EXPROPRIATE YOUR COMPUTER SYSTEM, DATA OR PERSONAL
INFORMATION.
9.6
SUPAMATCH PROVIDES YOU WITH THE SERVICES ON THE WEBSITE AND PLATFORM
IN GOOD FAITH AND AS SUCH MAKES NO WARRANTY THAT (I) THE SERVICES WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS, (II) YOUR ACCESS TO OR USE OF
THE WEBSITE, PLATFORM AND SERVICES WILL BE UNINTERRUPTED, TIMELY,
SECURE OR ERROR FREE, (III) ANY DEFECTS ON THE WEBSITE, PLATFORM
AND/OR SERVICES WILL BE CORRECTED, OR (IV) THE WEBSITE AND SERVICES OR
ANY SERVER THROUGH WHICH YOU ACCESS THE SERVICES ARE FREE FROM VIRUSES
OR OTHER HARMFUL COMPONENTS.
9.7
SUPAMATCH DOES NOT WARRANT OR GUARANTEE THAT ANY SUCCESSFUL COMMERCIAL RESULTS OR PROFITS WILL BE OBTAINED BY YOU AS A RESULT OF
USING THE WEBSITE, PLATFORM AND SERVICES. AS SUCH, SUPAMATCH WILL NOT
BE LIABLE FOR ANY FAILURE, OR ANY LOSS OR DAMAGES INCURRED/SUSTAINED
BY YOU AS A RESULT OF YOUR USE OR INABILITY TO USE THE WEBSITE,
PLATFORM AND SERVICES.
9.8
SUPAMATCH ALSO MAKES NO WARRANTY ABOUT THE ACCURACY, COMPLETENESS, TIMELINESS, OR QUALITY
OF THE WEBSITE, PLATFORM OR ANY CONTENT, OR THAT ANY PARTICULAR
CONTENT WILL CONTINUE TO BE MADE AVAILABLE ON THE WEBSITE AND
PLATFORM.
9.9
YOUR ACCESS TO OR DOWNLOAD OF INFORMATION, MATERIALS, OR DATA THROUGH
THE WEBSITE AND PLATFORM OR ANY THIRD PARTY WEBSITE IS AT YOUR OWN
DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE
TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OR USE OF SUCH INFORMATION, MATERIALS OR
DATA.
10.
INTELLECTUAL PROPERTY
10.1
All content, audio, images, instructional materials, trademarks,
data, software, or information contained in any materials, or
documents used by Supamatch in relation to the Website, Platform and
Services, including, but not limited to, any and all copyrighted
works, databases, text, tools, software, technology, algorithms,
graphics, icons, designs, logos, hyperlinks, domain names, codes, and
agreements (“Materials”),
are the sole and exclusive property of or are licensed to Supamatch
and as such all updates and modifications to the Website, Platform and
Services will vest in us or our licensors. You may not reproduce,
distribute or copy the Materials by any means, whether electronically
or not, without our prior written permission.
10.2
Any and all intellectual property rights in the Materials, Website,
Platform and Services, including all patents, rights in inventions,
rights in designs, trademarks, trade and business names and all
associated goodwill, rights to sue for passing off or for unlawful
competition, copyright, moral rights and related rights, rights in
databases, topography rights, domain names, rights in information
(including know how and trade secrets) and all other similar or equivalent
rights existing in the Materials and Services, now or in the future in
any part of the world, in each case whether registered or unregistered
and including all applications for, and renewals or extensions of,
such rights for their full term (“Supamatch’s
Intellectual Property Right(s)”), vests solely and exclusively in Supamatch, its group affiliates
(if any), licensors or vendors, as the case may be. All rights not
expressly granted by Supamatch to you are reserved by Supamatch. Save
as expressly set out herein, you shall not acquire any right, title or
interest in Supamatch’s Intellectual Property Rights.
10.3
You shall be the sole and exclusive owner of all your intellectual
property rights in the User Content (“User’s Intellectual Property Rights”) which you make available on the Platform. Supamatch may not use
any of User’s Intellectual Property Rights for any other purpose,
other than mentioned under these Terms and not without your prior
written consent. You hereby grant Supamatch the non-exclusive right to
use User’s Intellectual Property Rights, free of charge, in connection
with your use of the Services on the Platform, to the extent necessary
for Supamatch to (i) exercise Supamatch’s rights under these Terms,
and (ii) perform Supamatch’ obligations under these Terms.
11.
INDEMNIFICATION
11.1
You agree to indemnify and hold harmless Supamatch from and against
any liability, demand, damages, cost, or expense arising from any
third-party claim based on: (i) your violation of these Terms; (ii)
your use or misuse of the Service(s); and/or (iii) your infringement
of Supamatch’s Intellectual Property Rights. Supamatch shall indemnify
and hold you harmless from and against any liability or expense
arising from a third-party claim based on any Negligence of Supamatch.
“Negligence” shall mean
gross negligence or intentional misconduct.
11.2
In the event of a claim subject to indemnification hereunder, the
indemnified Party shall: (i) promptly notify the indemnifying Party of
the claim, (ii) provide the indemnifying Party with reasonable
cooperation and assistance, at the indemnifying Party’s expense, to
defend such claim; and (iii) allow the indemnifying Party the
opportunity to assume the control of the defense and settlement of
such claim. The indemnified Party shall be entitled to participate in
the defense of such claim and to employ counsel at its own expense to
assist in the handling of such claim. The indemnifying Party must
obtain the prior written approval from a duly authorized signatory of
the indemnified Party prior to entering into any settlement affecting
the indemnified Party’s rights.
12.
LIMITATION OF LIABILITY
12.1
SUPAMATCH, ITS AFFILIATES (IF ANY), ITS LICENSORS, VENDORS, AND
THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS
SHALL IN NO EVENT BE RESPONSIBLE OR LIABLE TO YOU OR TO ANY THIRD
PARTY, WHETHER IN CONTRACT, WARRANTY, TORT (INCLUDING NEGLIGENCE) OR
OTHERWISE, FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL,
EXEMPLARY, LIQUIDATED OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED
TO LOSS OF PROFIT, REVENUE OR BUSINESS, ARISING IN WHOLE OR IN PART
FROM YOUR ACCESS TO THE WEBSITE AND/OR FROM YOUR USE OF THE
SERVICES, EVEN IF SUPAMATCH HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
12.2
WHILE SUPAMATCH TAKES PRECAUTIONS AGAINST SECURITY BREACHES, NO
WEBSITE OR INTERNET TRANSMISSION IS COMPLETELY SECURE, AND AS SUCH,
SUPAMATCH AND ITS AFFILIATES (IF ANY), LICENSORS, AND VENDORS SHALL
NOT BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES THAT MAY RESULT FROM
UNAUTHORIZED ACCESS, HACKING, DATA LOSS, OR OTHER BREACHES THAT MAY
OCCUR ON THE WEBSITE AND/OR THROUGH YOUR USE OF THE SERVICES.
12.3
YOU ACKNOWLEDGE AND UNDERSTAND THAT THERE ARE RISKS INHERENT IN
INTERNET CONNECTIVITY THAT COULD RESULT IN THE LOSS OF PRIVACY,
CONFIDENTIAL INFORMATION AND PROPERTY. SUPAMATCH SPECIFICALLY
DISCLAIMS AND MAKES NO REPRESENTATION OR WARRANTY, ORAL OR IN WRITING,
CONCERNING THE VIABILITY OR COMPLIANCE WITH APPLICABLE LAWS OF THE
SERVICES IN A PARTICULAR COUNTRY, TERRITORY, OR REGION.
12.4
NOTWITHSTANDING ANYTHING TO THE CONTRARY IN THESE TERMS, SUPAMATCH,
ITS AFFILIATES (IF ANY), ITS LICENSORS AND ITS VENDORS AS WELL AS
THEIR RESPECTIVE
DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS SHALL NOT BE LIABLE
TO YOU FOR ANY CAUSE WHATSOEVER AND REGARDLESS OF THE FORM OF
ACTION, AND IF FOUND LIABLE, SUCH LIABILITY SHALL AT ALL TIMES BE
LIMITED TO A MAXIMUM OF ONE HUNDRED UNITED STATES DOLLARS
($100,00).
12.5
YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY
CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THE USE OF THE
WEBSITE, PLATFORM AND SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER
SUCH CLAIM OR CAUSE OF ACTION AROSE OR BE FOREVER BARRED.
13.
CONFIDENTIALITY
13.1
“Confidential Information” shall mean any know-how, trade secrets, information, data, materials or other
confidential and/or proprietary information disclosed by one Party to
the other under these Terms that is either: (i) conspicuously marked
or otherwise identified as ‘Confidential’ or ‘Proprietary’ at the time
of disclosure; or (ii) should reasonably be understood by the
receiving Party to be confidential based upon the nature of the
information disclosed or the circumstances of the disclosure.
Confidential Information includes any:
(i)
business records and plans, user or client feedback, and online
accounts;
(ii)
form of scientific, technical or data information, website
identification, passwords, technical and business information relating
to disclosing Party’s proprietary ideas, software, business or
otherwise;
(iii)
concepts, reports, data, knowledge, works in progress, information,
trade secrets, trademarks, patentable ideas, copyrights, existing
and/or contemplated products and services, development tools,
specifications, software, maps, drawings, source code, object codes,
flow charts, databases, inventions, website content, designs, logos,
brochures, images schematics, research and development;
(iv)
form of financial information, production, costs, profit and margin
information, finances and financial projections, list or information
about users, vendors, suppliers, business partners, business
associates, Recruiters or
clients, marketing information, sales leads, strategic alliances,
partners, and current or future business plans and models; and
(v)
personal identifiable information including but not limited to the
name, contact details, address, date of birth, personal preferences,
etc. related to any Recruiters, employees, contractors, users or any other person
whosoever.
13.2
The Parties acknowledge and agree that each
Party will have access to certain trade-secrets and other non-public Confidential Information of the
other during and in connection with the performance of its obligations
hereunder, and hereby agrees not to disclose any Confidential
Information to any third party and not to use any such Confidential
Information for any purpose other than as strictly required for the
purpose of performing its obligations under these Terms. All such
Confidential Information is and shall remain the exclusive property of
the disclosing Party and no license shall be granted or implied with
respect to such Confidential Information by reason of the other
Party’s access to such Confidential Information. Each Party
agrees to protect the Confidential Information of the other with
the same standard of care and procedures used by such Party to
protect its own Confidential Information of similar importance while
at all times using the same standard of care.
13.3
Each Party shall take such sufficient precautions to enable such
Party to comply with all the terms hereof and to ensure similar
compliance thereof by each of their respective employees/personnel.
Furthermore, each Party shall bind the Party’s respective
employees/personnel to ensure and maintain complete and effective
secrecy and confidentiality regarding any and all information
whatsoever pertaining to the other Party and which comes to such
Party’s knowledge in the course of performing its
obligations under this Agreement.
13.4
Use and Compelled Disclosure of Confidential Information. A Party may use Confidential Information of the other Party to the
extent reasonably necessary to exercise its rights and perform its
obligations under these Terms. Either Party may disclose the existence
of these Terms for the purposes of financing, audits, or internal
processes. In the event that a Party receives a subpoena or other
validly issued administrative or judicial notice requesting the
disclosure of the other Party’s Confidential Information, it/she/he
will, to the extent legally permissible, promptly notify the other
Party and, if requested, tender to the other Party the defense of the
subpoena or notice. If requested by the disclosing Party, the
receiving Party will cooperate (at the expense of the
requesting/disclosing Party) in opposing the subpoena or notice.
Unless the subpoena or notice is timely limited, quashed or extended,
the receiving Party will then be entitled to comply with the request
to the extent permitted by Law.
13.5
Exclusions. Confidential Information shall not include information that was:
(i) previously known to the receiving Party without an obligation not
to disclose such information; (ii) independently developed by or for
the receiving Party without use of the other Party’s Confidential
Information; (iii) acquired by the receiving Party from a third-party
which was not, to the receiving Party’s knowledge, under an obligation
not to disclose such information; or (iv) is or becomes publicly
available through no fault of the disclosing Party.
13.6
Each Party acknowledges that monetary damages may not be a sufficient
remedy for unauthorized disclosure by such Party of any Confidential
Information of the other Party
and that such other Party shall be entitled, without waiving any other
rights or remedies, to such injunctive or equitable relief as may be
deemed proper by a court of competent jurisdiction.
13.7
The Parties’ obligations arising under this Section 13
(Confidentiality) shall (i) survive the termination of these Terms,
and (ii) remain indefinitely in force after the termination of these
Terms.
14.
THIRD PARTY LINKS AND RESOURCES
14.1
The Website, Platform and/or Services may contain links and/or ads to
third-party Website or resources. You acknowledge and agree that
Supamatch shall not be responsible or liable for: (i) the availability
or accuracy of such website or resources; or (ii) the content,
products or services on or available from such website or resources.
Links and ads to such website or resources do not imply any
endorsement by Supamatch of such website or resources or the content,
products, or services available from such website or resources.
14.2
Your communications, interactions or business transactions/dealings
with any third party found on or through the Website, Platform and/or
the Services, including any such third party’s terms, conditions,
warranties or representations associated with such communications,
interactions or business transactions/dealings, shall be solely
between you and such third party. You acknowledge and agree that
Supamatch shall not be liable for any loss or damage incurred by you
as the result of any communication, interaction, business transaction
or other dealings you may have with any third party found through (i)
the Website, (ii) the Platform, and/or (iii) your use of the Services.
14.3
BEFORE VISITING THIRD-PARTY WEBSITES AND/OR RESOURCES VIA SUPAMATCH’S
WEBSITE, PLATFORM AND SERVICES, IT IS RECOMMENDED THAT YOU (I) REVIEW
THE THIRD-PARTY’S TERMS AND CONDITIONS, PRIVACY POLICY AND ALL OTHER
APPLICABLE CONTRACTUAL DOCUMENTATION, AND (II) INFORM/EDUCATE YOURSELF
ON THE APPLICABLE REGULATIONS, POLICIES AND PRACTICES OF THE
THIRD-PARTY WEBSITE AND/OR RESOURCES.
15.
PRIVACY POLICY
Supamatch’s Privacy Policy, available at
https://career.supamatch.com/privacy-policy, governs the use, storage and processing of the personal
information you may provide to
Supamatch
through your access to the Website,
Platform, and/or through your use of the Services. Your election to use the
Services via the
Platform
shall be deemed to constitute your acceptance of the terms of
Supamatch’s Privacy Policy.
16.
SUSPENSION AND TERMINATION
16.1
Supamatch may suspend or temporarily disable access to all or part of
the Website, Platform, User Account, or Services if (i) Supamatch
suspects you of partaking in any illegal activity; (ii) Supamatch
reasonably believes that you have violated these Terms; or (iii)
applicable law enforcement or other government agencies have requested
Supamatch to suspend or temporarily disable your access to the
Website, Platform and/or Services.
16.2
If Supamatch breaches any of its obligations under these Terms, you
may terminate these Terms and close your User Account. Upon, your
termination of these Terms and closing of your User Account, Supamatch
may (i) block your access to all of the Website and Platform, (ii)
block your use of the Services, (iii) disable your User Account, and
(iv) delete all of User Content in your User Account, including but
not limited to your full name, email address and password.
17.
GOVERNING LAW AND JURISDICTION
In the event of any disagreement between the Parties with respect to
the interpretation and implementation of any aspect of these Terms,
the Parties agree to discuss in good faith to reach an amicable
resolution prior to starting any litigation/legal proceedings against
each other.
These Terms shall be construed, governed and enforced in accordance
with the laws of the United Arab Emirates (UAE). All disputes arising under or in connection with this Agreement
shall be subject to the exclusive jurisdiction of the Courts in
Dubai, UAE.
18.
GENERAL PROVISIONS
18.1
Non-Exclusivity.
These Terms do not create an exclusive relationship between the
Parties. Supamatch is free to engage with other customers and to
provide the same or similar Services as provided by Supamatch to you
under these Terms. You shall be entitled to solicit and engage with
other third-party entities/companies in order to obtain and access
same or similar services and/or products.
18.2
Severability.
In the event that any provision of these Terms shall be unenforceable
or invalid under any applicable law or be so held by any applicable
court decision, such unenforceability or invalidity shall not render
the remaining provisions of these Terms unenforceable or invalid, and,
in such event, such remaining provisions shall be changed and
interpreted so as to best accomplish the objectives of such
unenforceable or invalid provision within the limits of applicable law
or applicable court decision(s).
18.3
No Waiver.
Save for section 4.7 and 5.10,
each Party agrees that any delay or omission on the part of the other
Party to exercise any right, power or remedy under these Terms will
not automatically operate as a waiver of such right, power or remedy
or any other right, power or remedy and no waiver will be effective
unless it is in writing and signed by the waiving Party. Further the
waiver or the single or partial exercise of any right, power or remedy
by either Party hereunder on one occasion will not be construed as a
bar to a waiver of any successive or other right, power or remedy on
any other occasion.
18.4
No Assignment.
Neither these Terms nor any rights under these Terms may be assigned
or otherwise transferred by you, whether voluntarily or by operation
of law, without the prior written consent of Supamatch. Subject to the
foregoing, these Terms will be binding upon and will insure
to the benefit of the Parties and their respective successors and
assigns. Any assignment in violation of the foregoing shall be null
and void.
18.5
Notices.
Except as otherwise provided under these Terms, any notice required
or permitted to be given will be effective only if it is in writing
and sent by certified mail, registered mail, courier or to contact@supamatch.com.
18.6
Entire Agreement.
These Terms represent and constitute
the entire agreement between the Parties relating to the subject
matter hereof. These Terms alone fully and completely express the
agreement of the Parties relating to the subject matter hereof.
There are no other courses of dealing, understanding, agreements,
representations or warranties, written or oral, except as set forth
herein.
19.
Contact Information
Should you have any questions concerning these Terms and/or any
issues or concerns about the Website, Platform and/or Services you may
contact Supamatch at contact@supamatch.com.