These terms and conditions, as amended from time to time, apply to your use of our website, www.Recruit-Drive.com ("the site"). You should print a copy of these terms and conditions for future reference. All policies, procedures and guidelines that appear on the site from time to time ("the policies") are deemed to be incorporated into these terms. "You/your" means you, the user of the site.
NOTE: YOU ARE CONCLUDING A LEGALLY BINDING AGREEMENT.
1) INTRODUCTION.
Purpose.
The mission of Recruit-Drive and the site is to connect Africa’s professionals to enable them to be more productive and successful. In addition the vision incorporates an avenue for non-Africans who may wish to work in Africa with in order to accomplish their career goals. To achieve our Mission, we make services available through our website, mobile applications, and developer platform, to help you, your connections, and millions of other professionals meet, exchange ideas, learn, make deals, find opportunities or employees, work, and make decisions in a network of trusted relationships and groups.
Scope and Intent.
You agree that by registering on Recruit-Drive, or by using our website, including our mobile applications, developer platform, premium services, or other information provided as part of the Recruit-Drive services (collectively “Recruit-Drive” or the “Services”), you are entering into a legally binding agreement with Recruit-Drive (“we,” “us,” and “our”) based on the terms of this Recruit-Drive User Agreement and the Recruit-Drive privacy policy which is hereby incorporated by reference (collectively referred to as the “Agreement”) and become a Recruit-Drive user (“User”).
If you are using Recruit-Drive on behalf of a company or other legal entity, you are nevertheless individually bound by this Agreement even if your company has a separate agreement with us. If you do not want to register an account and become a Recruit-Drive User, do not conclude the Agreement, do NOT click “Join Recruit-Drive” and do not access, view, download or otherwise use any Recruit-Drive webpage, information or services. By clicking “Start Here/Sign-up, Register etc.,” you acknowledge that you have read and understood the terms and conditions of this Agreement and that you agree to be bound by all of its provisions. By clicking “Start Here,” you also consent to use electronic signatures and acknowledge your click of the “Join Now” button as one. Please note that the Recruit-Drive User Agreement and privacy policy are also collectively referred to as Recruit-Drive’s “Terms of Service.”
2) YOUR OBLIGATIONS.
Applicable laws and this Agreement
You must comply with all applicable laws, the Agreement, as may be amended from time to time with or without advance notice
License and warranty for your submissions to Recruit-Drive.
You own the information you provide Recruit-Drive under this Agreement, and may request its deletion at any time, unless you have shared information or content with others and they have not deleted it, or it was copied or stored by other users. Additionally, you grant Recruit-Drive a nonexclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sub licensable, fully paid up and royalty-free right to us to copy, prepare derivative works of, improve, distribute, publish, remove, retain, add, process, analyze, use and commercialize, in any way now known or in the future discovered, any information you provide, directly or indirectly to Recruit-Drive, including, but not limited to, any user generated content, ideas, concepts, techniques or data to the services, you submit to Recruit-Drive, without any further consent, notice and/or compensation to you or to any third parties. Any information you submit to us is at your own risk of loss as noted in this Agreement.
By providing information to us, you represent and warrant that you are entitled to submit the information and that the information is accurate, not confidential, and not in violation of any contractual restrictions or other third party rights. It is your responsibility to keep your Recruit-Drive profile information accurate and updated.
Service Eligibility.
To be eligible to use the Service, you must meet the following criteria and represent and warrant that you: (1) are 18 years of age or older; (2) are not currently restricted from the Services, or not otherwise prohibited from having a Recruit-Drive account, (3) are not a competitor of Recruit-Drive or are not using the Services for reasons that are in competition with Recruit-Drive; (4) will only maintain one Recruit-Drive account at any given time; (5) have full power and authority to enter into this Agreement and doing so will not violate any other agreement to which you are a party; (6) will not violate any rights of Recruit-Drive, including intellectual property rights such as copyright or trademark rights; and (7) agree to provide at your cost all equipment, software, and internet access necessary to use the Services.
Sign-In Credentials.
You agree to: (1) Keep your password secure and confidential; (2) not permit others to use your account; (3) refrain from using other Users’ accounts; (4) refrain from selling, trading, or otherwise transferring your Recruit-Drive account to another party; and (5) refrain from charging anyone for access to any portion of Recruit-Drive, or any information therein. Further, you are responsible for anything that happens through your account until you close down your account or prove that your account security was compromised due to no fault of your own. To close your account, please visit Recruit-Drive’s customer service site.
Indemnification.
You indemnify us and hold us harmless for all damages, losses and costs (including, but not limited to, reasonable attorneys’ fees and costs) related to all third party claims, charges, and investigations, caused by (1) your failure to comply with this Agreement, including, without limitation, your submission of content that violates third party rights or applicable laws, (2) any content you submit to the Services, and (3) any activity in which you engage on or through Recruit-Drive.
Payment.
If you purchase any services that we offer for a fee, either on a one-time or subscription basis (“Premium Services”), you agree to Recruit-Drive storing your payment card information. You also agree to pay the applicable fees for the Premium Services (including, without limitation, periodic fees for premium accounts) as they become due plus all related taxes, and to reimburse us for all collection costs and interest for any overdue amounts. Your obligation to pay fees continues through the end of the subscription period during which you cancel your subscription. You also acknowledge that Recruit-Drive’s Premium Services are subject to this Agreement and any additional terms related to the provision of the Premium Service.
Notify us of acts contrary to the Agreement.
If you believe that you are entitled or obligated to act contrary to this Agreement under any mandatory law, you agree to provide us with detailed and substantiated explanation of your reasons in writing/by e-mail at least 15 days before you act contrary to this Agreement, to allow us to assess whether we may, at our sole discretion, provide an alternative remedy for the situation, though we are under no obligation to do so.
Notifications and Service Messages.
For purposes of service messages and notices about the Services to you, Recruit-Drive may place a banner notice across its pages to alert you to certain changes such as modifications to this Agreement. Alternatively, notice may consist of an email from Recruit-Drive to an email address associated with your account, even if we have other contact information. You also agree that Recruit-Drive may communicate with you through your Recruit-Drive account or through other means including email, mobile number, telephone, or delivery services including the postal service about your Recruit-Drive account or services associated with Recruit-Drive. Please review your settings to control what kind of messages you receive from Recruit-Drive. You acknowledge and agree that we shall have no liability associated with or arising from your failure to do so maintain accurate contact or other information, including, but not limited to, your failure to receive critical information about the Service.
Privacy.
You should carefully read our full privacy policy before deciding to become a User as it is hereby incorporated into this Agreement by reference, and governs our treatment of any information, including personally identifiable information you submit to us. Please note that certain information, statements, data, and content (such as photographs) which you may submit to Recruit-Drive, or groups you choose to join might, or are likely to, reveal your gender, ethnic origin, nationality, age, and/or other personal information about you. You acknowledge that your submission of any information, statements, data, and content to us is voluntary on your part.
Export Control.
Your use of Recruit-Drive services, including our software, is subject to export and re-export control laws and regulations maintained by the Federation of Nigeria and the sanctions programs maintained by them. You shall not — directly or indirectly — sell, export, re-export, transfer, divert, or otherwise dispose of any software or service to any end-user without obtaining the required authorizations from the appropriate government authorities. You also warrant that you are not prohibited from receiving Nigerian origin products, including services or software.
Contributions to Recruit-Drive
By submitting ideas, suggestions, documents, and/or proposals ("Contributions") to Recruit-Drive through its suggestion or feedback web-pages, you acknowledge and agree that: (a) your Contributions do not contain confidential or proprietary information; (b) Recruit-Drive is not under any obligation of confidentiality, express or implied, with respect to the Contributions; (c) Recruit-Drive shall be entitled to use or disclose (or choose not to use or disclose) such Contributions for any purpose, in any way, in any media worldwide; (d) Recruit-Drive may have something similar to the Contributions already under consideration or in development; (e) you irrevocably assign to Recruit-Drive all rights to your Contributions; and (f) you are not entitled to any compensation or reimbursement of any kind from Recruit-Drive under any circumstances.
3) YOUR RIGHTS.
On the condition that you comply with all your obligations under this Agreement, including, but not limited to, the Do’s and Don’ts listed in General Terms Section , we grant you a limited, revocable, non exclusive, non assignable, non sub-licensable license and right to access the Services, through a generally available web browser, mobile device or application (but not through scraping, spidering, crawling or other technology or software used to access data without the express written consent of Recruit-Drive or its Users), view information and use the Services that we provide on Recruit-Drive web-pages and in accordance with this Agreement. Any other use of Recruit-Drive contrary to our mission and purpose (such as seeking to connect to someone you do not know or trust, or to use information gathered from Recruit-Drive commercially unless expressly authorized by Recruit-Drive) is strictly prohibited and a violation of this Agreement. We reserve all rights not expressly granted in this Agreement, including, without limitation, title, ownership, intellectual property rights, and all other rights and interest in Recruit-Drive and all related items, including any and all copies made of the Recruit-Drive website.
4) OUR RIGHTS AND OBLIGATIONS.
Services Availability.
For as long as Recruit-Drive continues to offer the Services, Recruit-Drive shall provide and seek to update, improve and expand the Services. As a result, we allow you to access Recruit-Drive as it may exist and be available on any given day and have no other obligations, except as expressly stated in this Agreement. We may modify, replace, refuse access to, suspend or discontinue Recruit-Drive, partially or entirely, or change and modify prices for all or part of the Services for you or for all our users in our sole discretion. All of these changes shall be effective upon their posting on our site or by direct communication to you unless otherwise noted. Recruit-Drive further reserves the right to withhold, remove and or discard any content available as part of your account, with or without notice if deemed by Recruit-Drive to be contrary to this Agreement. For avoidance of doubt, Recruit-Drive has no obligation to store, maintain or provide you a copy of any content that you or other Users provide when using the Services.
Third Party Sites and Developers.
Recruit-Drive may include links to third party web sites (“Third Party Sites”) on www.recruit-drive-com, developer.recruit-drive.com, and elsewhere. Recruit-Drive also enables third party developers (“Platform Developers”) to create applications (“Platform Applications”) that provide features and functionality using data and developer tools made available by Recruit-Drive through its developer platform.
You are responsible for evaluating whether you want to access or use a Third Party Site or Platform Application. You should review any applicable terms and/or privacy policy of a Third Party Site or Platform Application before using it or sharing any information with it, because you may give the operator permission to use your information in ways we would not.
Recruit-Drive is not responsible for and does not endorse any features, content, advertising, products or other materials on or available from Third Party Sites or Platform Applications. Recruit-Drive also does not screen, audit, or endorse Platform Applications. Accordingly, if you decide to access Third Party Sites or use Platform Applications, you do so at your own risk and agree that your use of any Platform Application is on an “as-is” basis without any warranty as to the Platform Developer’s actions, and that this Agreement does not apply to your use of any Third Party Site or Developer Application.
Please note: If you allow a Platform Application or Third Party Site to authenticate to or connect with your Recruit-Drive account, that application or website can access information on Recruit-Drive related to you and your connections.
For additional information regarding Platform Developers and Platform Applications, please refer to Recruit-Drive’s privacy policy.
Disclosure of User Information.
You acknowledge, consent and agree that we may access, preserve, and disclose your registration and any other information you provide if required to do so by law or in a good faith belief that such access preservation or disclosure is reasonably necessary in our opinion to: (1) comply with legal process, including, but not limited to, civil and criminal subpoenas, court orders or other compulsory disclosures; (2) enforce this Agreement; (3) respond to claims of a violation of the rights of third parties, whether or not the third party is a User, individual, or government agency; (4) respond to customer service inquiries; or (5) protect the rights, property, or personal safety of Recruit-Drive, our Users or the public.
Disclosures of User information to third parties other than those required to provide customer support, administer this agreement, or comply with legal requirements are addressed in the privacy policy.
Connections and Interactions with other Users.
You are solely responsible for your interactions with other Users. Recruit-Drive may limit the number of connections you may have to other Users and may, in certain circumstances, prohibit you from contacting other Users through use of the Services or otherwise limit your use of the Services. Recruit-Drive reserves the right, but has no obligation, to monitor disputes between you and other members and to restrict, suspend, or close your account if Recruit-Drive determines, in our sole discretion, that doing so is necessary to enforce this Agreement.
5) DISCLAIMER.
SOME COUNTRIES AND JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED TERMS IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
DO NOT RELY ON RECRUIT-DRIVE, ANY INFORMATION THEREIN, OR IT’S CONTINUATION. WE PROVIDE THE PLATFORM FOR RECRUIT-DRIVE AND ALL INFORMATION AND SERVICES ON AN “AS IS” AND “AS AVAILABLE” BASIS.RECRUIT-DRIVE DOES NOT CONTROL OR VET USER GENERATED CONTENT FOR ACCURACY. WE DO NOT PROVIDE ANY EXPRESS WARRANTIES OR REPRESENTATIONS.
TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW, WE DISCLAIM ANY AND ALL IMPLIED WARRANTIES AND REPRESENTATIONS, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, ACCURACY OF DATA, AND NONINFRINGEMENT. IF YOU ARE DISSATISFIED OR HARMED BY RECRUIT-DRIVE OR ANYTHING RELATED TO RECRUIT-DRIVE, YOU MAY CLOSE YOUR RECRUIT-DRIVE ACCOUNT AND TERMINATE THIS AGREEMENT IN ACCORDANCE WITH (“TERMINATION”) AND SUCH TERMINATION SHALL BE YOUR SOLE AND EXCLUSIVE REMEDY.
RECRUIT-DRIVE IS NOT RESPONSIBLE, AND MAKES NO REPRESENTATIONS OR WARRANTIES FOR THE DELIVERY OF ANY MESSAGES (SUCH AS INMAILS, POSTING OF ANSWERS OR TRANSMISSION OF ANY OTHER USER GENERATED CONTENT) SENT THROUGH RECRUIT-DRIVE TO ANYONE. IN ADDITION, WE NEITHER WARRANT NOR REPRESENT THAT YOUR USE OF THE SERVICE WILL NOT INFRINGE THE RIGHTS OF THIRD PARTIES. ANY MATERIAL, SERVICE, OR TECHNOLOGY DESCRIBED OR USED ON THE WEBSITE MAY BE SUBJECT TO INTELLECTUAL PROPERTY RIGHTS OWNED BY THIRD PARTIES WHO HAVE LICENSED SUCH MATERIAL, SERVICE, OR TECHNOLOGY TO US.
RECRUIT-DRIVE DOES NOT HAVE ANY OBLIGATION TO VERIFY THE IDENTITY OF THE PERSONS SUBSCRIBING TO ITS SERVICES, NOR DOES IT HAVE ANY OBLIGATION TO MONITOR THE USE OF ITS SERVICES BY OTHER USERS OF THE COMMUNITY; THEREFORE, RECRUIT-DRIVE DISCLAIMS ALL LIABILITY FOR IDENTITY THEFT OR ANY OTHER MISUSE OF YOUR IDENTITY OR INFORMATION.
RECRUIT-DRIVE DOES NOT GUARANTEE THAT THE SERVICES IT PROVIDES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS IN FUNCTIONING. IN PARTICULAR, THE OPERATION OF THE SERVICES MAY BE INTERRUPTED DUE TO MAINTENANCE, UPDATES, OR SYSTEM OR NETWORK FAILURES. RECRUIT-DRIVE DISCLAIMS ALL LIABILITY FOR DAMAGES CAUSED BY ANY SUCH INTERRUPTION OR ERRORS IN FUNCTIONING. FURTHERMORE, RECRUIT-DRIVE DISCLAIMS ALL LIABILITY FOR ANY MALFUNCTIONING, IMPOSSIBILITY OF ACCESS, OR POOR USE CONDITIONS OF THE RECRUIT-DRIVE SITE DUE TO INAPPROPRIATE EQUIPMENT, DISTURBANCES RELATED TO INTERNET SERVICE PROVIDERS, TO THE SATURATION OF THE INTERNET NETWORK, AND FOR ANY OTHER REASON.
6) LIMITATION OF LIABILITY.
SOME COUNTRIES DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY IN CONTRACTS WITH CONSUMERS AND AS A RESULT THE CONTENTS OF THIS SECTION MAY NOT APPLY TO YOU.
Neither Recruit-Drive nor any of our subsidiaries, affiliated companies, employees, shareholders, or directors (“Recruit-Drive Affiliates”) shall be cumulatively liable for (a) any damages in excess of five times the most recent monthly fee that you paid for a Premium Service, if any, or US $100, whichever amount is greater, or (b) any special, incidental, indirect, punitive or consequential damages or loss of use, profit, revenue or data to you or any third person arising from your use of the Service, any platform applications or any of the content or other materials on, accessed through or downloaded from Recruit-Drive. This limitation of liability is part of the basis of the bargain between the parties and without it the terms and prices charged would be different. This limitation of liability shall:
Apply regardless of whether (1) you base your claim on contract, tort, statute or any other legal theory, (2) we knew or should have known about the possibility of such damages, or (3) the limited remedies provided in this section fail of their essential purpose; and
Not apply to any damage that Recruit-Drive may cause you intentionally or knowingly in violation of this Agreement or applicable law, or as otherwise mandated by applicable law that cannot be disclaimed from in this Agreement.
Not apply if you have entered into a separate agreement to purchase Premium Services with a separate Limitation of Liability provision that supersedes this section in relation to those Premium Services.
7) TERMINATION.
Mutual rights of termination.
You may terminate this Agreement, for any or no reason, at any time, with notice to Recruit-Drive. This notice will be effective upon Recruit-Drive processing your notice. Recruit-Drive may terminate the Agreement and your account for any reason or no reason, at any time, with or without notice. This cancellation shall be effective immediately or as may be specified in the notice. For avoidance of doubt, only Recruit-Drive or the party paying for the services may terminate your access to any Premium Services. Termination of your Recruit-Drive account includes disabling your access to Recruit-Drive and may also bar you from any future use of Recruit-Drive.
Misuse of the Services.
Recruit-Drive may restrict, suspend or terminate the account of any User who abuses or misuses the Services. Misuse of the Services includes inviting other Users with whom you do not know to connect; abusing the Recruit-Drive messaging services; creating multiple or false profiles; using the Services commercially without Recruit-Drive’s authorization, infringing any intellectual property rights, violating any of the Do’s and Don’ts listed in ‘General Terms’, or any other behavior that Recruit-Drive, in its sole discretion, deems contrary to its purpose. In addition, and without limiting the foregoing, Recruit-Drive has adopted a policy of terminating accounts of Users who, in Recruit-Drive’s sole discretion, are deemed to be repeat infringers.
Effect of Termination.
Upon the termination of your Recruit-Drive account, you lose access to the Services. The terms of this Agreement shall survive any termination, except the Sections (“Your Rights”) and d (“Our Rights and Obligations”) hereof.
8) DISPUTE RESOLUTION
Law and Forum for Legal Disputes
This Agreement or any claim, cause of action or dispute (“claim”) arising out of or related to this Agreement shall be governed by the laws of Nigeria regardless of your country of origin or where you access Recruit-Drive, and notwithstanding of any conflicts of law principles and the United Nations Convention for the International Sale of Goods. You and Recruit-Drive agree that all claims arising out of or related to this Agreement must be resolved exclusively by a state or federal court located in Lagos, Nigeria, except as otherwise agreed by the parties or as described in the Arbitration Option paragraph below. You and Recruit-Drive agree to submit to the personal jurisdiction of the courts located within Lagos, Nigeria for the purpose of litigating all such claims. Notwithstanding the above, you agree that Recruit-Drive shall still be allowed to apply for injunctive remedies (or an equivalent type of urgent legal relief) in any jurisdiction.
A) Terms applicable to Recruit-Drive online services for “Jobseekers”
A1 Software as a Service
(a) If you register with us, we will provide you access to our online career solution tool including access to the Recruit drive social network/community. The account will be your property but may be subject to a minimum duration in the future.
(b) We will use commercially reasonable endeavours to make our online Services are generally available except for periods relating to scheduled maintenance (which times are published on www.Recruit-Drive.com or available on request) and unscheduled maintenance.
(c) We will, as part of our services and at no additional cost to you, provide you with our customer support services
A2 Recruit-Drive Subscription
(a) General: When you register with Recruit-Drive, you will gain access to our online services and social networking as per item A1
(b) Duration: Your subscription period will start from the date you get your username and password and will be viable throughout the life of the subscription as per item A1
A3 Assessment services
(a) Duration: When you purchase a Recruit-Drive candidate assessment service/test, you will gain access to a test link for maximum period of 4 working days but once testing has commenced shall be completed within testing time period as applicable.
(b) Number of assessments: You may purchase and undertake assessments provided the minimum duration (90 days) within each test has lapsed.
(c) Rates and refund policy: Your assessment fees (USD 50) are non-cancellable and non-refundable.
A4 Access/Security
You must notify us of any actual or anticipated unauthorized access to or use of our online system as soon as you become aware of this.
A5 Upgrades and Maintenance
We may from time to time conduct system upgrades and maintenance to our online system. Upgrades may be provided at no cost to you. However, if any upgrade costs are payable, we will obtain your prior consent. We will provide you with reasonable notice of the implementation of these upgrades unless immediate action is required, for example, in the event of a security breach. We will also conduct routine maintenance on our online systems, and the systems may be inaccessible during such maintenance. We will try to provide prior notice of such maintenance, and will restore access as soon as practicable.
A6 Liability
You acknowledge that performance and access to our online system are dependent on third parties, such as Internet service providers. Accordingly, you agree that Recruit-Drive shall have no liability to you to the extent any loss you may suffer results directly or indirectly from:
(a) failures of performance on the part of Recruit-Drive’s internet service provider or of your equipment or those of your candidate(s) or third parties; or
(b) reasons related to our provision of system upgrades or maintenance; or
(c) any security breach of our system unless such breach is shown to be the result of our negligence; or
(d) any other reasons provided that our online system was not entirely inaccessible in any one country due exclusively to Recruit-Drive’s software or hardware for any period exceeding ten (10) consecutive hours or an aggregate of more than twenty-four (72) hours in any calendar month.
B) Terms applicable to Recruit-Drive online services for “Employers”
B1 Software as a Service
(a) If you purchase our online services, we will provide you access to our leading online talent management services on a subscription or a “Pay As You Go” or “PAYGO” basis subject to any applicable minimum duration.
(b) We will use commercially reasonable endeavors to make our online Services are generally available except for periods relating to scheduled maintenance (which times are published on www.Recruit-Drive.com or available on request) and unscheduled maintenance.
(c) We will, as part of our services and at no additional cost to you, provide you with our customer support services for administrators (but excluding any candidate support)
B2 Recruit-Drive Subscription
(a) General: When you purchase a Recruit-Drive subscription (Basic, Advanced or Premium), you will gain access to our online services for the duration of the subscription period.
(b) Limited/Unlimited subscriptions: Our subscriptions are available on an unlimited or limited basis, and the limitation may be defined by reference to the number of online credit units, users, Recruit-Drive tests (excluding third party content) or other measures. If you have purchased a limited subscription and have exceeded the specified limitation before the end of your subscription period, then any outstanding fees shall become payable before you renew your subscription.
(c) Duration: Your subscription period will start from the date you get your username and password (for new clients) or the anniversary of this date (for existing clients) and will end as agreed by the parties on basis of package subscription. Your subscription shall automatically expire at the end of your agreed subscription period unless the parties agree in writing for such subscription to be renewed.
(d) Rates and refund policy: Your subscription fees are non-cancellable and non-refundable. Once agreed, your subscription fee remains due regardless of whether you make any use of our online services or make less use of our online services than you had previously anticipated. We may propose an increase in your subscription fee at the start of each renewal subscription period with reasonable prior notice to you and if you do not agree to such increase, your subscription will not be renewed and any subsequent use of our services will be charged at our standard “Pay As You Go” or “PAYGO” rates.
B3 “Pay As You Go” or “PAYGO” services
(a) Duration: When you purchase a Recruit-Drive “Pay As You Go” or “PAYGO” service, you will gain access to our online services for a fixed minimum term as subscribed from the date of the initial subscription payment, or the system go-live date, whichever is later. If you wish to terminate the Contract (other than for our default), you can only do so after this period.
B4 Access/Security
You shall nominate employees who will have access to our online system and are responsible for their use or misuse of our online system. You shall instruct your employees to keep confidential any user name and password assigned to them. You must notify us of any actual or anticipated unauthorized access to or use of our online system as soon as you become aware of this.
B5 Upgrades and Maintenance
We may from time to time conduct system upgrades and maintenance to our online system. Upgrades may be provided at no cost to you. However, if any upgrade costs are payable, we will obtain your prior consent. We will provide you with reasonable notice of the implementation of these upgrades unless immediate action is required, for example, in the event of a security breach. We will also conduct routine maintenance on our online systems, and the systems may be inaccessible during such maintenance. We will try to provide prior notice of such maintenance, and will restore access as soon as practicable.
B6 Liability
You acknowledge that performance and access to our online system are dependent on third parties, such as internet service providers. Accordingly, you agree that Recruit-Drive shall have no liability to you to the extent any loss you may suffer results directly or indirectly from:
(a) failures of performance on the part of Recruit-Drive’s internet service provider or of your equipment or those of your candidate(s) or third parties; or
(b) reasons related to our provision of system upgrades or maintenance; or
(c) any security breach of our system unless such breach is shown to be the result of our negligence; or
(d) any other reasons provided that our online system was not entirely inaccessible in any one country due exclusively to Recruit-Drive’s software or hardware for any period exceeding ten (10) consecutive hours or an aggregate of more than twenty-four (72) hours in any calendar month.
B7 Background Check
Users agree that background checks will be used for legally legitimate purposes. Recruit-Drive reserves the right to make use of background checks for reference purposes only. Employers who wish to have fully comprehensive and verified checks carried out on jobseekers will be obligated to notify Recruit-Drive and will be liable for all payments which will be charged to their account prior to this being implemented.
GENERAL TERMS.
Severability.
If any provision of this Agreement is found by a court of competent jurisdiction or arbitrator to be illegal, void, or unenforceable, the unenforceable provision will be modified so as to render it enforceable and effective to the maximum extent possible in order to effect the intention of the provision; and if a court or arbitrator finds the modified provision invalid, illegal, void or unenforceable, the validity, legality and enforceability of the remaining provisions of this Agreement will not be affected in any way.
Language.
Where Recruit-Drive has provided you with a translation of the English language version of this Agreement, the Privacy Policy, and/or any other documentation, you agree that the translation is provided for your convenience only and that the English language versions of this Agreement, the Privacy Policy, and any other documentation, including additional terms of service for Premium Services, will govern your relationship with Recruit-Drive.
Notices and Service of Process.
In addition to (“Notices and Service Messages”), we may notify you via postings on www.recruit-drive.com
Additionally, Recruit-Drive accepts service of process at this address. Any notices that you provide without compliance with this section on Notices shall have no legal effect.
Entire Agreement.
You agree that this Agreement constitutes the entire, complete and exclusive agreement between you and us regarding the Services and supersedes all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Recruit-Drive services, third-party content or third party software.
Amendments to this Agreement.
We reserve the right to modify, supplement or replace the terms of the Agreement, effective upon posting at www.recruit-drive.com or notifying you otherwise. For example, Recruit-Drive presents a banner on the site when we have amended this Agreement or the Privacy Policy so that you may access and review the changes prior to your continued use of the site. If you do not want to agree to changes to the Agreement, you can terminate this Agreement at any time per Section 7 (Termination).
No informal waivers, agreements or representations.
Our failure to act with respect to a breach of this Agreement by you or others does not waive our right to act with respect to that breach or subsequent similar or other breaches. Except as expressly and specifically contemplated by the Agreement, no representations, statements, consents, waivers or other acts or omissions by any Recruit-Drive Affiliate shall be deemed legally binding on any Recruit-Drive Affiliate, unless documented in a physical writing hand signed by a duly appointed officer of Recruit-Drive.
No Injunctive Relief.
In no event shall you seek or be entitled to rescission, injunctive or other equitable relief, or to enjoin or restrain the operation of the Service, exploitation of any advertising or other materials issued in connection therewith, or exploitation of the Services or any content or other material used or displayed through the Services.
Assignment and Delegation.
You may not assign or delegate any rights or obligations under the Agreement. Any purported assignment and delegation shall be ineffective. We may freely assign or delegate all rights and obligations under the Agreement, fully or partially without notice to you. We may also substitute, by way of unilateral novation, effective upon notice to you, Recruit-Drive Corporation for any third party that assumes our rights and obligations under this Agreement.
RECRUIT-DRIVE USER “DOS” and “DON’TS.”
As a condition to access Recruit-Drive, you agree to this User Agreement and to strictly observe the following DOs and DON’Ts:
Do undertake the following:
Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, export control laws, tax laws, and regulatory requirements;
Provide accurate information to us and update it as necessary;
Review and comply with our Privacy Policy;
Review and comply with notices sent by Recruit-Drive concerning the Services; and
Use the Services in a professional manner.
Don’t undertake the following:
Act dishonestly or unprofessionally by engaging in unprofessional behavior by posting inappropriate, inaccurate, or objectionable content to Recruit-Drive;
Publish inaccurate information in the designated fields on the profile form (e.g., do not include a link or an email address in the name field). Please also protect sensitive personal information such as your email address, phone number, street address, or other information that is confidential in nature;
Create a user profile for anyone other than a natural person;
Harass, abuse or harm another person, including sending unwelcomed communications to others using Recruit-Drive;
Invite people you do not know to join your network;
Upload a profile image that is not your likeness or a head-shot photo;
Use or attempt to use another's account without authorization from the Company, or create a false identity on Recruit-Drive;
Upload, post, email, InMail, transmit or otherwise make available or initiate any content that:
Falsely states, impersonates or otherwise misrepresents your identity, including but not limited to the use of a pseudonym, or misrepresenting your current or previous positions and qualifications, or your affiliations with a person or entity, past or present; this is unlawful, libelous, abusive, obscene, discriminatory or otherwise objectionable;
Adds to a content field content that is not intended for such field (i.e. submitting a telephone number in the “title” or any other field, or including telephone numbers, email addresses, street addresses or any personally identifiable information for which there is not a field provided by Recruit-Drive);
Includes information that you do not have the right to disclose or make available under any law or under contractual or fiduciary relationships (such as insider information, or proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
Infringes upon patents, trademarks, trade secrets, copyrights or other proprietary rights;
Includes any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation. This prohibition includes but is not limited to (a) using Recruit-Drive invitations to send messages to people who don’t know you or who are unlikely to recognize you as a known contact; (b) using Recruit-Drive to connect to people who don’t know you and then sending unsolicited promotional messages to those direct connections without their permission; and (c) sending messages to distribution lists, newsgroup aliases, or group aliases;
Contains software viruses, worms, or any other computer code, files or programs that interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment of Recruit-Drive or any User of Recruit-Drive;
Forges, headers or otherwise manipulate identifiers in order to disguise the origin of any communication transmitted through the Services;
Participate, directly or indirectly, in the setting up or development of a network that seeks to implement practices that are similar to sales by network or the recruitment of independent home salespeople to the purposes of creating a pyramid scheme or other similar practices.
Duplicate, license, sublicense, publish, broadcast, transmit, distribute, perform, display, sell, rebrand, or otherwise transfer information found on Recruit-Drive (excluding content posted by you) except as permitted in this Agreement or as expressly authorized by Recruit-Drive;
Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for any underlying intellectual property used to provide the Services, or any part thereof
Utilize or copy information, content or any data you view on and/or obtain from Recruit-Drive to provide any service that is competitive, in Recruit-Drive’s sole discretion, with Recruit-Drive;
Imply or state, directly or indirectly, that you are affiliated with or endorsed by Recruit-Drive unless you have entered into a written agreement with Recruit-Drive (this includes, but is not limited to, representing yourself as an accredited Recruit-Drive trainer if you have not been certified by Recruit-Drive as such);
Adapt, modify or create derivative works based on Recruit-Drive or technology underlying the Services, or other Users’ content, in whole or part, except as permitted under Recruit-Drive’s developer program;
Rent, lease, loan, trade, sell/re-sell access to Recruit-Drive or any information therein, or the equivalent, in whole or part;
Sell, sponsor, or otherwise monetize a Recruit-Drive Group or any other service or functionality of Recruit-Drive, without the express written permission of Recruit-Drive.
Deep-link to the Site for any purpose, (i.e. including a link to a Recruit-Drive web page other than Recruit-Drive’s home page) unless expressly authorized in writing by Recruit-Drive or for the purpose of promoting your profile or a Group on Recruit-Drive.
Remove any copyright, trademark or other proprietary rights notices contained in or on Recruit-Drive, including those of both Recruit-Drive and any of its licensors;
Remove, cover or otherwise obscure any form of advertisement included on Recruit-Drive;
Collect, use, copy, or transfer any information, including, but not limited to, personally identifiable information obtained from Recruit-Drive except as expressly permitted in this Agreement or as the owner of such information may expressly permit;
Share information of non-Users without their express consent;
Infringe or use Recruit-Drive’s brand, logos and/or trademarks, including, without limitation, using the word “Recruit-Drive” in any business name, email, or URL or including Recruit-Drive’s trademarks and logos or as expressly permitted by Recruit-Drive;
Use manual or automated software, devices, scripts robots, other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the site;
Use bots or other automated methods to access Recruit-Drive, add or download contacts, send or redirect messages, or perform other activities through Recruit-Drive, unless explicitly permitted by Recruit-Drive;
Access, via automated or manual means or processes, Recruit-Drive for purposes of monitoring Recruit-Drive’s availability, performance or functionality for any competitive purpose;
Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of Recruit-Drive’s website;
Attempt to or actually access Recruit-Drive by any means other than through the interfaces provided by Recruit-Drive such as its mobile application or by navigating to www.recruit-drive.com using a web browser. This prohibition includes accessing or attempting to access Recruit-Drive using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including Recruit-Drive;
Attempt to or actually override any security component included in or underlying Recruit-Drive;
Engage in any action that directly or indirectly interferes with the proper working of or places an unreasonable load on Recruit-Drive’s infrastructure, including, but not limited to, sending unsolicited communications to other Users or Recruit-Drive personnel, attempting to gain unauthorized access to Recruit-Drive, or transmitting or activating computer viruses through or on Recruit-Drive;
Interfere with or disrupt or game Recruit-Drive or the Services, including, but not limited to, any servers or networks connected to Recruit-Drive, in particular Recruit-Drive's search algorithms.
COMPLAINTS REGARDING CONTENT POSTED ON THE RECRUIT-DRIVE WEBSITE.
We built Recruit-Drive to help you be a more successful professional, and to help professionals succeed. To achieving this purpose, we encourage our Users to share truthful and accurate information. We also respect the intellectual property rights of others. Accordingly, this Agreement requires that information posted by Users be accurate and not in violation of the intellectual property rights or other rights of third parties. To promote these objectives, Recruit-Drive provides a process for submission of complaints concerning content posted by our Users.
www.Recruit-Drive.com is a site operated by YOLO NIG LIMITED ("we/our/us"). We are registered in Nigeria under company number RC1073740..