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Let’s Get In TouchZoleau Inc. (“Zoleau”, “we”, or “us”) develops and makes available an online platform for the purpose of connecting employers and job seekers.
This document (the “Terms” ) sets forth the terms and conditions that apply to your use of the Services (as defined below) and access of the Site (as defined below). The websites located at www.zoleau.com, and any other online location on which or from which a portion of the Services is delivered, and any mobile application that we make available to you together form the “Site”. When used herein, the term “Services” shall refer to any product or services we make available to or perform for you, whether through the Site or otherwise, including, where applicable, the Paid Services (as hereinafter defined). These Terms apply to all users of the Site, including both (i) individual users using the Site for the purposes of finding a job (“Job Seekers”); and (ii) business users who use the Site for the purposes of connecting with Job Seekers (“Employers”).
By using or accessing the Site or Services, you agree to be bound by these Terms. In the event that you do not agree to be bound by these Terms, please do not continue to use the Site or Services.
Please read these Terms carefully before using the Site or any of the Services. By using or accessing the Site or any of the Services, you are agreeing to be bound by these Terms, which, together with our Privacy Policy, govern the relationship between you and Zoleau in relation to your use of the Services. These Terms affect your legal rights and obligations.
By agreeing to these Terms, you are also consenting to the collection and use of your information, including personal information, in accordance with our Privacy Policy, the most current version of which is available at www.zoleau.com.
Subject to compliance with these Terms, Zoleau hereby grants you a limited, non-exclusive license to access and use the Site and / or Services on any devices (the “License”). This limited license does not include any rights not specifically enumerated herein. The Site and Services are for the user’s own use only and may not at any time without the written consent of Zoleau be shared, sold, or otherwise disseminated to any other person or entity. Notwithstanding the foregoing, you agree and acknowledge that certain portions of the Site and Services are reserved for specific types of users only and that Zoleau may impose requirements for access to portions of the Site and / or Services relating to the payment of fees, acceptance of Supplemental Terms (as hereinafter defined), or any other restrictions Zoleau deems appropriate in its sole discretion. The License shall be deemed automatically revoked upon termination or expiration of these Terms.
We may revise these Terms from time to time in our sole discretion and the most current version will always be available at www.zoleau.com. If a revision is, in our sole discretion, material, we will notify you at the e-mail address you have most recently provided to us. By continuing to access or use the Site or Services, you agree to be bound by the revised Terms. We may modify the Site and Services from time to time in our sole discretion which modifications may include, but not be limited to, the removal, addition, or modification of features within the Services, graphic and stylistic modifications, and integration with third party products or services. Notwithstanding the foregoing, Zoleau will not materially modify the substance of the Services included within Paid Services (as defined below) except as agreed with the relevant Employer(s).
Any content published or otherwise provided by Zoleau or its partners on the Site or through the Services (“Content”) is for informational purposes only and should not be construed as specific advice tailored to your needs. You agree that you use and rely on the Content at your own risk and that Zoleau is not responsible for your reliance on the Content or the results of your reliance thereon.
You are responsible for obtaining and maintaining all computer hardware, internet connection, and other equipment, software, or services needed for access to and use of the Site or Services and all charges related thereto. We will not be liable for any damages to your equipment or for any data or other charges from third parties resulting from your use of the Site or Services.
Users shall abide by the rules and regulations relating to the usage of the Site and Services which are published on the Site or otherwise communicated to you by Zoleau from time to time (the “Rules and Regulations” ). Zoleau reserves the right to modify the Rules and Regulations from time to time in its sole discretion.
You are solely responsible for your interactions with other users of the Site and Services, whether on or through the Site or Services or otherwise. You understand that we do not conduct criminal background checks or other forms of screening on our users unless specifically indicated herein. We make no representations or warranties as to the conduct of users or the results that may be obtained through the procurement of the products or services of any user. Any disputes which arise between you and another user of the Site or Services shall be resolved privately between you and such other user, including any disputes arising out of the engagement of a Job Seeker by an Employer through or in connection with the use of the Site or Services. Neither Zoleau nor any of its affiliates shall have any responsibility whatsoever to mediate, arbitrate, or otherwise assist in or become involved with any such disputes whatsoever, including, but not limited to, the failure of any user to adhere to the terms of or fulfill its obligations under any agreement with another user.
You agree to take all necessary precautions in all interactions with other users, particularly if you choose to meet in person. You should not provide your financial information (for example, your credit card or bank account information), or wire or otherwise send money to other users.
In the event that a Job Seeker and Employer enter into an arrangement regarding the engagement of the Job Seeker, the relationship created thereby is exclusively between the Job Seeker and Employer and you acknowledge and agree that Zoleau shall have no responsibility for such relationship, including, but not limited to, the attendance of the Job Seeker at the Employer’s premises or the termination of the relationship between the Job Seeker and the Employer.
In order to make use of the Site or Services, you may need to make use of third-party services and products (“Third Party Providers”). Your use of Third Party Providers in connection with the Site or Services, including, but not limited to Payment Providers (as hereinafter defined), are governed by such Third Party Provider’s then applicable terms and conditions and, to the extent that you interact with a Third Party Provider in connection with the Site or Services, you hereby agree to abide by such terms. Any fees charged by a third-party service provider in connection with your use thereof shall be your sole responsibility.
In consideration of your use of the Site and / or Services, you agree to: (a) provide accurate information as prompted through the Site and Services; and (b) maintain and update such information to keep it accurate. If you provide any information that is inaccurate, or we have reasonable grounds to suspect that such information is inaccurate, we may suspend or terminate your use of the Site or our provision of the Services and / or decline to permit your continued use of and future access to the Site and / or Services.
To access certain parts of the Site, in order to access certain user functions, or to use certain Services, you may be required to open an account (a “User Account” ), in which case you will have to create a username and password and may have to provide certain registration information, including, but not limited to, first name, last name, business name (if an Employer), job title (if an Employer), phone number, email, location (city/state). You may not use as a username the name of another person or entity that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than you without appropriate authorization, or a name that is otherwise offensive, vulgar, or obscene. If you are a business, government, or non-profit entity, the person whose e-mail address is associated with the account at the time of registration must have the authority to bind you to this Agreement.
You are responsible for maintaining the confidentiality of your credentials and are solely responsible for all activities (whether by you or by others) that occur under your credentials. You must notify us immediately of any unauthorized use of your password or account or any other breach of security. We assume no liability for any loss or damage arising from any unauthorized use of your credentials by a third party. We may require that you change your password prior to accessing the Site or Services at any time if it deems that your existing password has been or might reasonably be compromised or as part of its regular security measures.
You may terminate the License and request that your User Account, along with any information associated with it, be deleted at any time by contacting Zoleau at the e-mail address set out below with a subject heading “Account Deletion Request”. Zoleau will use its commercially reasonable efforts to comply with any such requests, provided that, in so doing, it shall abide by all applicable law, including any relating to the retention of information.
As a condition of using the Site and / or the Services, you agree that you will not use the Site or the Services for any purposes that are unlawful or prohibited by these Terms, or any other purpose not reasonably foreseen to have been intended by Zoleau. Additionally, you will not use the Site or Services if you are prohibited from doing so by applicable law. By way of example, and not as limitation, you agree not to use the Site or Services:
• in any way that is false, inaccurate, or misleading;
• in any way that is disruptive;
•to impersonate any person or entity or falsely state or otherwise misrepresent your affiliation with a person or entity;
•to attempt to restrict another user from using or enjoying the Site or Services or to encourage or facilitate violations of these Terms, the Rules and Regulations, or the Privacy Policy;
•to disseminate any Confidential Information (as hereinafter defined) or Zoleau IP (as hereinafter defined);
•to sell, transfer, license or assign your user account, username, or any other rights granted to you hereunder;
•in any way that is fraudulent or otherwise involves the sale of illegal or stolen goods;
•to collect and use service or product listings, descriptions, or images;
•to abuse, harass, stalk, threaten, impersonate, or intimidate any person;
•to post or transmit, or cause to be posted or transmitted, any content on the Site or Services that is libellous, defamatory, obscene, pornographic, abusive, offensive, profane, violent or that infringes any copyright or other right of any person;
•for any purpose (including posting or viewing content) or in any fashion that is not permitted under the laws of the jurisdiction in which you use the Site or Services;
•to post or transmit, or cause to be posted or transmitted, any communication or solicitation designed or intended to obtain password, account, or private information from any user of the Site or Services;
•to reverse engineer, decompile or disassemble the Site or Services, or to convert into human readable form any of the contents of the Services not intended to be so read, including but not limited to using or directly viewing the underlying code for the Services except as interpreted and displayed in a web browser;
•to create or transmit unwanted ‘spam’ to any person or any URL;
•to violate or attempt to violate the security of the Site or Services;
•with the exception of accessing RSS feeds, you will not use any robot, spider, scraper, or other automated means to access the Site or Services for any purpose without our express written permission. Additionally, you agree that you will not: (i) take any action that imposes or might impose in our sole discretion an unreasonable or disproportionately large load on our infrastructure; (ii) interfere or attempt to interfere with the proper working of the Site or Services or any activities conducted within the Site or Services; or (iii) bypass any measures Zoleau may use to prevent or restrict access to the Site or Services;
•to advertise or perform any commercial, religious, political, or non-commercial solicitation, including, but not limited to, the solicitation of users of the Site or Services to become users of other on- or offline services directly or indirectly competitive or potentially competitive with the Zoleau;
•to interfere with or attempt to interfere with the proper working of the Site or Services;
•in any other way that violates these Terms; or
•engage in any other behavior in connection with the services which Zoleau, in its sole, absolute, and unfettered discretion determines is objectionable.
Confidential information (the "Confidential Information") means (i) any proprietary information of a party that is not generally known to the public or otherwise explicitly marked as being confidential (or any variation of such term) or being subject to the copyright of such party, marked in red text, or otherwise classified by such party as confidential; (ii) information communicated by a party directly in confidence; or (iii) information that would otherwise, by its nature, reasonably be expected to be viewed as proprietary or confidential by a party, whether in tangible or intangible form, in whatever medium provided or accessed, whether unmodified or modified by the you, whenever and however disclosed. For greater certainty, (i) all credentials you use to access the Services; and (ii) all of the Zoleau IP which is not made public by Zoleau is considered to be Confidential Information of Zoleau hereunder.
You agree that you will not disclose, divulge, reveal, report or use, for any purpose other than to carry out the intent of this Agreement, any Confidential Information which you have obtained, except as authorized by Zoleau or as required by law.
Zoleau owns and retains and / or uses under licence, all proprietary rights in the Site and the Service, and in all Content, trademarks, trade names, service marks and other intellectual property rights related thereto. The Site contains the copyrighted material, trademarks, and other proprietary information of Zoleau and its licensors. You agree to not copy, modify, transmit, create any derivative works from, make use of, or reproduce in any way any copyrighted material, trademarks, trade names, service marks, or other intellectual property or proprietary information accessible on the Site or through the Service, without first obtaining the prior written consent of Zoleau or, if such property is not owned by Zoleau, the owner of such intellectual property or proprietary rights. You agree to not remove, obscure or otherwise alter any proprietary notices appearing on any content, including copyright, trademark and other intellectual property notices. Except for the right of access to the Site or the right to receive the Services under the License or as otherwise specifically set forth herein, you do not gain any ownership of or any rights in or to any of the Intellectual Property of Zoleau (the “Zoleau IP” ) by virtue of these Terms.
When used herein, the term “Intellectual Property” means all intellectual property rights comprising or relating to: (a) patents; (b) trade-marks; (c) internet domain names, whether or not trade-marks, registered by any authorized private registrar or governmental authority, web addresses, web pages, website and URLs; (d) works of authorship, expressions, designs and industrial design registrations, whether or not registerable, including copyrights and copyrightable works, audio, video, documents, spreadsheets, sales funnel designs, software and firmware, application programming interfaces, architecture, files, records, schematics, data, data files, and databases and other specifications and documentation; (e) trade secrets; (f) all industrial and other intellectual property rights, and all rights, interests and protections that are associated with, equivalent or similar to, or required for the exercise of, any of the foregoing, however arising, in each case whether registered or unregistered and including all registrations and applications for, and renewals or extensions of, such rights or forms of protection under the laws of any jurisdiction in any part of the world.
You agree not to infringe on any of Zoleau’s copyright, patent, trademark, trade secrets or other Intellectual Property rights. You shall not represent to others or conduct yourself in any manner that might indicate to others, that you possess any other legal or equitable rights in the Zoleau IP other than by virtue of the License. Zoleau retains the right to approve all uses of the Zoleau IP or derivative uses thereof. You may not modify the Zoleau IP or create any derivative work of the Zoleau IP or its accompanying documentation except as specifically authorized by Zoleau. Derivative works include but are not limited to translations. You may not alter any files or libraries in any portion of the Zoleau IP. You may not reproduce the database portion or create any tables or reports relating to the Zoleau IP.
By submitting any written, photographic, video, or other content to Zoleau, including any communications or materials you send to Zoleau endorsing the Site or Services or otherwise providing feedback or ideas for improvement of the Site and / or Services (excluding Excluded Content and Employer Excluded Content, as defined below, “User Content”), you hereby assign, and upon the request of Zoleau, in such form and manner prescribed by it agree to assign, to Zoleau any and all of your perpetual worldwide right, title and interest (including all intellectual property rights) in and to all of the User Content including reversionary interests and rights of renewal in and to the copyright to the User Content, including the right to create derivative works which modify or alter the User Content and you agree to execute all such documents as are necessary or desired by the Zoleau to confirm the assignment of such intellectual property to Zoleau. You hereby waive and agree to waive and cause all of your applicable employees, contractors, and other contributors to waive all moral and other rights to the User Content under applicable law, which are acknowledged to include the right to the integrity of the User Content and the right to be associated with the User Content as an author by name or under a pseudonym and the right to remain anonymous.
With respect to any content which is not capable of assignment as set forth above (“Excluded Content”) or any content submitted by an Employer which is part of its general and pre-existing intellectual property used in the ordinary course of business (“Employer Excluded Content”), you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Zoleau to use, copy and display such Excluded Content on the Site and / or Services and to use such Excluded Content in any manner which Zoleau would be entitled to use such Excluded Content if it were the sole owner thereof.
You covenant, represent and warrant that all User Content, Excluded Content, and Employer Excluded Content provided to Zoleau shall not, in being so published, infringe upon any copyright, trademark, patent or other propriety right of a third party or, in the case of an Employer, of any of such Employer’s staff, advisors, or other personnel.
Notwithstanding anything contained herein to the contrary, if you send or transmit any communications or materials to Zoleau by mail, email, telephone, or otherwise, (i) endorsing the Site or Services; (ii) providing information on the performance of the Site or Services or your business in relation to the use of the Site or Services; or (iii) any other feedback regarding the Site or Services ( "Feedback" ), such Feedback shall be considered “User Content”
You agree and acknowledge that Zoleau has the right to determine the placement of all Content, User Content, Excluded Content, and Employer Excluded Content on the Site and / or Services in its sole discretion, subject to the terms and conditions relating to any applicable Paid Services.
The Site and / or Services may provide features which allow Employers to make postings relating to certain employment or other job opportunities (“Postings”). You acknowledge that any Postings you make available through the Site or Services will be viewable by other users.
Zoleau does not control the content of any Posting and has no obligation to monitor any Posting. While Zoleau may attempt to delete insulting, offensive, or inaccurate Postings, it cannot prevent them from being uploaded and is not responsible for their content or any damages resulting therefrom. However, Zoleau reserves the right at all times to disclose any information necessary to satisfy any law, regulation, or governmental or law enforcement request, or to edit, refuse to upload or to remove any Posting, in whole or in part, that, in Zoleau’s sole, absolute, and unfettered discretion, are objectionable, inaccurate, misleading or in violation of these Terms. For greater certainty, we will fully cooperate with any legal obligation to disclose the identity of anyone posting threatening, libelous, obscene, pornographic, profane, or otherwise offensive or illegal materials. You acknowledge that you alone are responsible for the content of your Postings and the consequences thereof.
Subject to any applicable law, and except as specifically set forth herein, any Postings made using the Site and / or Services are made on a non-confidential basis. Zoleau is under no obligation to refrain from reproducing, publishing or otherwise using the Postings, and may use the Postings in any way or for any purpose. You agree to not assert any ownership right of any kind in such Postings (including, without limitation, copyright, trademark, patent, unfair competition, moral rights, or implied contract) and you hereby grant a royalty-free, perpetual, non-exclusive, irrevocable, unrestricted, worldwide license to Zoleau to use, copy and display all Postings, and waive the right to receive any financial or other consideration in connection with such Postings including, without limitation, acknowledgement of yourself as the source of such Postings.
Zoleau expressly disclaims all responsibility and endorsement and makes no representation as to the validity of any opinion, advice, information or statement made or displayed on any portion of the Site or Services, nor are we responsible for any errors or omissions in Postings, or for hyperlinks embedded in any Postings or other messages. Under no circumstances will we, our affiliates, suppliers or agents be liable for any loss or damage caused by your reliance on information obtained through the Site and / or Services. The opinions expressed in these forums are solely the opinions of the participants, and do not reflect the opinions of Zoleau or any of its subsidiaries or affiliates.
You assume all risks associated with your Postings including, but not limited to, any third party’s reliance on their quality, accuracy, or reliability, or any disclosure of information in your Postings that makes you or others personally identifiable. You hereby agree that Zoleau has no responsibility or liability whatsoever for any such activities. You also agree and understand that Postings are not sponsored or endorsed by Zoleau, and you will not imply that your Postings are in any way sponsored or endorsed by Zoleau.
In addition to any of the prohibited uses listed above, your Postings shall not include any content which, in the sole discretion of Zoleau:
•promotes racism, bigotry, hatred or physical or psychological harm of any kind against any group or individual;
•requests money from, or is intended to defraud, other users of the Site or Service;
•involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming" (or "phishing", "trolling" or similar activities);
•contains video, audio photographs, or images of another person without his or her permission (or in the case of a minor, the minor’s legal guardian);
•contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
•provides material that exploits people in a sexual, violent or other illegal or inappropriate manner;
•provides instructional or promotional information about illegal activities such as making or buying illegal weapons or drugs, violating someone’s privacy, or providing, disseminating or creating computer viruses, malware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
•contains viruses, malware, time bombs, trojan horses, cancelbots, worms or other harmful, or disruptive codes, components or devices;
•impersonates, or otherwise misrepresents an affiliation, connection or association with, any person or entity;
•provides information or data you do not have a right to make available (such as inside information, proprietary and confidential information);
•disrupts the normal operation of the Site and / or the Services, including without limitation by causing a screen to "scroll" faster than other users are able to type, or otherwise negatively affects other users’ ability to use the Site and / or the Services;
•solicits passwords or personal identifying information from other users for commercial or unlawful purposes or disseminates another person’s personal information without his or her permission;
•publicizes or promotes commercial activities and / or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes; or
•is otherwise inappropriate, offensive, or objectionable, all as may be determined in the sole and absolute discretion of the Zoleau.
You may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if you believe that your work has been copied and posted on the Site or Services in a way that constitutes copyright infringement, please provide us with the following information:
•an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
•a description of the copyrighted work that you claim has been infringed;
•a description of where the material that you claim is infringing is located on the Site or Services (and such description must be reasonably sufficient to enable Zoleau to find the alleged infringing material, such as a URL);
•a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
• in any way that is false, inaccurate, or misleading;
•a statement by you that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner’s behalf.
Notice of claims of copyright infringement should be provided to Zoleau at info@zoleau.com
You will indemnify, defend, and hold harmless Zoleau, its agents, shareholders, officers, directors, and affiliated entities (the “Zoleau Releasees” ) against any actual or threatened third party actions, suits, proceedings, debts, accounts, bonds, covenants, contracts, claims, liabilities, damages, grievances, executions, judgments and demands of any kind whatever (“Claims”) arising out of or based upon any breach of these Terms or your use of the Site or Services (including your interactions with any other user of the Site and / or Services), or from any representation or warranty contained herein and made by the you being any time false (the foregoing being the “Indemnified Matters”), and you will indemnify the Zoleau Releasees from all damages, costs, and lawyers’ fees finally awarded in any such Claim.
You hereby expressly and irrevocably release and forever discharge Zoleau, its affiliated and associated companies, and their respective directors, officers, employees, agents, representatives, independent and dependent contractors, licensees, successors and assigns of and from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims and demands whatsoever in law or equity which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising directly or indirectly out of the Indemnified Matters.
Notwithstanding the foregoing, in no event shall Zoleau be liable under contract, tort, strict liability, negligence or other legal theory with respect to the Site or Services (i) for any lost profits or special, indirect, incidental, punitive, or consequential damages of any kind whatsoever, or (ii) to provide substitute goods or services (however arising).
THE SITE AND SERVICES (INCLUDING THE PAID SERVICES) AND ANY ASSOCIATED PRODUCTS OR SERVICES ARE PROVIDED BY ZOLEAU ON AN “AS IS” AND “AS AVAILABLE” BASIS. ZOLEAU MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE SERVICES, TO THE INFORMATION, CONTENT, MATERIALS, OR TO THE FUNCTIONALITY OF ANY SERVICES OR SERVICES ASSOCIATED THEREWITH. TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, ZOLEAU DISCLAIMS ANY AND ALL IMPLIED WARRANTIES, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, OF WORKMANLIKE EFFORT, OF SUITABILITY, AVAILABILITY, ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF CONTENT, OR OF NON-INFRINGEMENT, AS WELL AS WARRANTIES ARISING THROUGH COURSE OF DEALING OR USAGE OR TRADE. FURTHER, ZOLEAU MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE SITE, THE SERVICES, AND /OR THEIR CONTENTS ARE ACCURATE, COMPLETE, RELIABLE, CURRENT OR ERROR-FREE. ZOLEAU IS NOT RESPONSIBLE FOR TYPOGRAPHICAL ERRORS OR OMISSIONS RELATING TO PRICING, TEXT, PHOTOGRAPHY OR ANY OTHER CONTENTS IN THE SITE OR SERVICES. BY USING THE SITE OR SERVICES, YOU ACKNOWLEDGE THAT YOUR USE OF THE SITE AND SERVICES, INCLUDING YOUR USE OF ANY AND ALL ASSOCIATED CONTENT, DATA OR SOFTWARE DISTRIBUTED BY, DOWNLOADED OR ACCESSED FROM OR THROUGH THE SITE OR SERVICES IS SOLELY AT YOUR OWN RISK. ZOLEAU DOES NOT WARRANT OR GUARANTEE THAT THE SITE, SERVICES OR SERVERS OR E-MAILS SENT BY OR ON BEHALF OF ZOLEAU ARE FREE OF VIRUSES, WORMS OR OTHER HARMFUL COMPONENTS. FURTHER, ZOLEAU DOES NOT GUARANTEE THE CONTINUOUS, UNINTERRUPTED AND ERROR-FREE OPERATION OF THE SITE OR SERVICES, NOR THAT ALL COMMUNICATIONS BETWEEN YOU AND ZOLEAU, OR BETWEEN YOU AND ANY OTHER USER OF THE SITE OR SERVICES, WILL BE SECURE FROM ACCESS OR INTERFERENCE BY THIRD PARTIES.
YOU ACKNOWLEDGE THAT ZOLEAU DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED OR PROVIDED BY THIRD PARTIES ON OR THROUGH THE SITE OR SERVICES. EXCEPT AS OTHERWISE AGREED IN WRITING, ZOLEAU AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE SERVICES INCLUDING, BUT NOT LIMITED TO, THIRD PARTY CONTENT. IF YOU ARE DISSATISFIED WITH THE SITE OR SERVICES OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF ZOLEAU IN OPERATING THE SITE AND IN PROVIDING THE SERVICES YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE SITE AND / OR SERVICES.
In the event that you agree to be interviewed (whether by audio, video, or other means) (an “Interview”) by Zoleau in respect of your use of the Site and / or Services, you (i) agree and acknowledge that any Feedback contained in the foregoing interview shall be subject to the foregoing provisions regarding Feedback; (ii) consent to any and all uses and displays, by Zoleau and its agents, of your name, voice, likeness, image, appearance, and biographical information (your “Likeness” ) in, on or in connection with any pictures, photographs, audio, video recordings, or any other media throughout the world, at any time in perpetuity on a royalty-free basis; and (iii) grant Zoleau an irrevocable, royalty-free license to use your use, distribute, reproduce, modify, remix, excerpt, adapt, prepare derivative works of, publicly perform and display your Likeness and the recordings of the Interview in any media format or medium and through any media channels throughout the world.
In the event that an Employer has participated in one or more events hosted by Zoleau (including through Third Party Partners), you consent to Zoleau using your name, the name of the Employer, and the brand identifiers (including logo and trade name) of the Employer in any public or non-public portfolio, CV, or other description of work that Zoleau has provided to its clients generally, including on its website, in promotional print and digital media, or any other form of media throughout the world in perpetuity on a royalty-free basis, confirming that the Employer has participated in events hosted by Zoleau.
The Site and / or Services may provide links to other websites or resources. Because Zoleau has no control over such sites and resources, you acknowledge and agree that Zoleau is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Zoleau shall not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content or goods or services available on or through any such site or resource.
Zoleau maintains reasonable safeguards and personnel policies that are designed to guard the Site, the Services, Zoleau’s systems and Zoleau’s users’, business partners’ and others’ information. For example, for the security of your use of the Site and the Services, Zoleau may make use of firewall barriers, encryption techniques and / or authentication procedures. Unfortunately, no data transmission over the Internet can be guaranteed to be absolutely secure. As a result, while Zoleau strives to protect your information, it cannot ensure or warrant the security of any content you transmit to us, and you do so at your own risk. In the event of a breach of the confidentiality or security of your personal information, Zoleau will notify you as necessary so you can take appropriate protective steps. Unless you indicate otherwise, we may notify you under such circumstances using the email address you most recently provided to us.
When you use the Services or send emails to Zoleau, you are communicating with us electronically and you consent to receive non-marketing communications from Zoleau electronically. We may communicate with you by email or by posting notices on the Site or otherwise through the Services. You agree that all agreements, notices, disclosures, and other communications that Zoleau provides to you electronically satisfy any legal requirement that such communications be in writing.
The Site and Services are intended for use only by individuals who are at least eighteen (18) years of age. If you are not at least eighteen (18) years of age, you are not authorized to use the Site or Services without the permission and supervision of your parent or legal guardian. If you are under the age of majority, you represent and warrant that you have the express permission of your parent or legal guardian to use the Site. If you are a parent or legal guardian and have authorized a minor to use the Site in accordance with these Terms and the Privacy Policy, you agree that you are responsible for the online conduct of the minor, the compliance by the minor with these Terms and for the consequences of any misuse of the Site by the minor.
Zoleau shall have the right, but no obligation, to monitor the content and your activities on the Site and Services to determine compliance with these Terms and any other operating rules we establish. We reserve the right at all times to disclose any information we believe necessary to satisfy any law, regulation, or governmental request, or to refuse to post or to remove any information or materials, in whole or in part, that are in our sole discretion is inappropriate, objectionable or in violation of these Terms. We reserve the right at all times to remove any content from the Services in our sole discretion, including Postings and any other content posted or submitted by you. In addition, we reserve the right to alter, edit, refuse to post or remove any Postings or content, in whole or in part, for any reason. Zoleau may suspend or terminate your use of the Site or our provision of the Services and / or decline to permit your continued use of and future access to the Site and / or Services at any time, without cause, and without prior notice. In the event of any such termination or suspension, Fees paid prior to the date of termination will be refunded in the sole discretion of Zoleau.
In addition to the provisions set forth in the balance of these Terms, the provisions set forth under the heading “Employer User Specific Terms” above apply to all Employers.
These Terms may be supplemented by additional terms provided to you by Zoleau (whether on the Site, through the Services, or otherwise) prior to your agreement to access or purchase certain portions of the Site or certain Services (the “Supplemental Terms”). In the event that you agree to access or purchase those portions of the Site or Services to which the Supplemental Terms relate, such Supplemental Terms shall be binding on you as though they formed part of these Terms and, in the event of any conflict between these Terms and the Supplemental Terms, unless specifically indicated otherwise, the Supplemental Terms shall govern.
Certain Services (“Paid Services”) may require the payment of fees (“Fees”) by Employers. Applicable Fees are as posted on the Site or Services from time to time or as otherwise directly communicated to a particular Employer prior to their agreement to receive the Paid Services. You are responsible for paying all applicable taxes, fees, and charges associated with the payment of the Fees. A full refund of Fees may be available if you make your request for a refund to Zoleau by e-mail at the address set out at the end of these Terms before the expiry of the fifth (5th) day after the date of your purchase and provided that any event to which such purchase relates is at least five (5) days after at the date of your request). Zoleau will charge a refund fee of one hundred dollars ($100) in connection with the payment of any refund of Fees but may waive such fee in its discretion.
Any agreement to purchase Paid Services is subject to the terms and conditions posted on the Site or Services with respect to such Paid Services or otherwise communicated by Zoleau prior to the purchase of such Paid Services (which terms and conditions shall be deemed to be “Supplemental Terms” hereunder).
Payment of Fees may be made using third party payment service providers specified by Zoleau from time to time (“Payment Provider”). Any payments made using a Payment Provider are subject to the terms and conditions of such Payment Provider applicable to such payment and Zoleau shall have no liability to you whatsoever for any matter or thing arising out of your use of the Payment Provider. You agree to, at all times during the term of the Paid Services, provide accurate and up-to-date payment information to the Payment Provider. Unless otherwise indicated, payment of Fees is due upon purchase. Unless otherwise specified, all Fees are final, and will not be refunded for any reason whatsoever. By providing Zoleau or its Payment Provider with your payment information, you authorize Zoleau and its Payment Provider to take payment of Fees using the payment information you have provided. If you initiate a chargeback or otherwise reverse a payment made with the Payment Provider, Zoleau may in its discretion terminate your membership, account, and / or access to the Site or Services immediately. If Zoleau successfully disputes the reversal, and the reversed funds are returned to Zoleau, you are not entitled to a refund or to have your membership account, subscription, or access to the Services reinstated.
Any overdue payments shall bear simple interest at a rate of the lesser of: (i) the maximum amount of interest payable under applicable law; and (ii) seven percent (7%) per annum. Interest shall be calculated daily in arrears.
Your License to use the Site is limited to that number of user accounts as is specified to you prior to the purchase of the Paid Services (if any).
An Employer may terminate its agreement to receive Paid Services by contacting Zoleau using the email address set out below. An Employer may terminate at any time but will in no event be refunded any Fees paid prior to the date of termination.
In the event that an Employer terminates its User Account, all Employer information will be removed from the Site (other than User Content, which may be used in Zoleau’s sole discretion). Notwithstanding the foregoing, (i) Zoleau will retain any information it is required to retain by law or which it ordinarily retains for its internal business purposes (provided that such information will continue to be subject to the confidentiality provisions set forth herein); and (ii) any information you have provided to a Third Party Provider or any account you have created with a Third Party Provider in connection with your use of the Services remains subject to such Third Party Providers’ terms and conditions and Zoleau will have no liability to you with respect to the disposition of such information or account by a Third Party Provider whether during or after termination of your
IN NO EVENT SHALL ZOLEAU’S AGGREGATE LIABILITY ARISING OUT OF OR RELATED TO AN EMPLOYER’S USE OF THE SITE OR SERVICES, OR ANY JOINT EVENT (AS HEREINAFTER DEFINED) WHETHER ARISING OUT OF OR RELATED TO BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EXCEED THE AGGREGATE AMOUNTS PAID OR PAYABLE TO ZOLEAU BY SUCH EMPLOYER IN CONNECTION WITH ITS USE OF THE SERVICES IN THE ONE (1) YEAR PERIOD PRECEDING THE DATE ON WHICH SUCH LIABILITY AROSE.
You acknowledge that you are solely responsible for your interactions with other users of the Site, including, but not limited to, Job Seekers. Zoleau is not responsible for ensuring any minimum level of interest in Employer’s postings, products or services resulting from its purchase of the Paid Services.
You agree that all information provided by you to Zoleau or otherwise through the Site or Services with respect to your business, products, and services will be true and not misleading or deceptive in any fashion.
Any of these Terms which by its nature should survive termination, including those with respect to Paid Services, Confidentiality, Ownership of Intellectual Property, Release and Indemnity, Disclaimer of Warranties, Use of Feedback, and the Employer Specific Terms shall survive termination and continue in full force and effect except to the extent expressly set out in these Terms.
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law. You agree to negotiate in good faith to replace the invalid or unenforceable provision with a valid and enforceable provision that has the effect nearest to that of the provision being replaced.
Zoleau shall have and hereby reserves all rights and remedies which it has, or which are granted to it by operation of law, to enjoin the unlawful or unauthorized use of the Zoleau IP or Confidential Information (any of which injunctive relief may be sought in the courts, and also may be sought prior to or in lieu of termination), and to be compensated for damages for breach of this Agreement.
The Site and Services are administered by Zoleau from Ontario, Canada. You acknowledge and agree that your use of the services and all of the communications, transmissions and transactions associated with the services and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms shall be exclusively governed by, construed, and interpreted in accordance with the laws of the Province of Ontario, Canada, and the federal laws of Canada applicable therein, and that the law of the Province of Ontario is the proper law, without regard to conflict of laws rules or to private international law principles. The laws of any other jurisdiction shall not apply to these Terms.
Zoleau administers and operates the Site from its location in Ontario, Canada. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside of Canada. Zoleau reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.
Zoleau shall not be liable for delays in or for failures to perform hereunder due to causes: (i) beyond our reasonable control; (ii) that could not reasonably have been foreseen by Zoleau at the time of the effective date of the services; and (iii) the effects of which could not have been commercially reasonably avoided or overcome by Zoleau, where such causes include acts of God, acts or omissions of you or a third party, service failures, Internet or telecommunications outages, acts of civil or military authorities, fire, strikes, power surges or power outages, pandemics or epidemics, public health emergencies, climate change, flood, earthquakes, riot, or war.
No agency, partnership, joint venture, or employment is created as a result of the Terms, and you have no authority of any kind to bind Zoleau in any respect whatsoever. The failure of any party to exercise in any respect any right provided for herein shall not be deemed a waiver of any further rights hereunder. Zoleau shall not be liable for any failure to perform its obligations hereunder, where such failure results from any cause beyond Zoleau’s reasonable control, including, without limitation, mechanical, electronic or communications failure or degradation (including “line-noise” interference). Zoleau may transfer, assign, or delegate the Terms and its rights and obligations without consent.
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with Zoleau’s prior written consent. Zoleau may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
In these Terms: (a) words denoting the singular include the plural and vice versa; (b) all usage of the word “including” means “including, without limitation,” throughout these Terms; (c) all dollar amounts, if any, are expressed in Canadian currency unless expressly provided otherwise; (d) the division of these Terms into separate sections, subsections and the insertion of headings is for convenience only and shall not affect the construction or interpretation of these Terms; (e) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (f) you and Zoleau agree that these Terms shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms.
No delay or omission by Zoleau to exercise any right or power it has under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by Zoleau must be in writing and signed by an authorized representative of Zoleau.
These Terms, together with any Supplemental Terms and any other applicable agreements or documents incorporated by reference herein, constitute the entire agreement between you and Zoleau as it relates to the access to, and use of, the Services and the subject matter of these Terms, and supersede all prior or contemporaneous agreements, proposals, proof of concepts, understandings, letters of intent, representations, negotiations, and discussions, whether written or oral, between Zoleau and you. Unless superseded by subsequent written agreement, these terms and conditions will continue to govern the relationship between you and Zoleau in respect of the matters contained herein.
All notices or other correspondence to Zoleau under these Terms must be sent to the following electronic mail address for such purpose: info@zoleau.com.
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