Arithon Recruitment Software

Legal

ARITHON.COM TERMS OF USE:

 

 

IMPORTANT. PLEASE READ. BY CLICKING THE "I ACCEPT" BUTTON OF THIS MatchMaker Software Limited ("ARITHON.COM") SERVICE AGREEMENT (THE "AGREEMENT"), YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY, YOU REPRESENT THAT YOU HAVE THE AUTHORITY TO BIND THE COMPANY TO THE TERMS GOVERNING THE USE OF ARITHON.COM'S ON-LINE SERVICE (THE "SERVICE"). THE TERM "YOU" REFERS TO THE INDIVIDUAL OR LEGAL ENTITY, AS APPLICABLE, THAT REGISTERS FOR OR USES THE SERVICE. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THESE TERMS, YOU MUST SELECT THE "I DECLINE" BUTTON AND MAY NOT USE THE SERVICE.

 

Welcome:

 

 

As part of the Service, Arithon.com will provide you with use of the Service, including a browser interface and data encryption, transmission, access and storage. Your registration for, or use of, the Service shall be deemed to be your agreement to abide by this Agreement.

 

Charges and Payment of Fees:

 

 

You will pay all fees or charges to your account in accordance with the fees, charges, and billing terms in effect at the time a fee or charge is due and payable. You must provide Arithon.com with valid credit card or purchase order information as a condition to signing up for the Service. You must also report and pay any applicable taxes to the appropriate governmental agency. Purchase orders may be subject to credit approval.

 

Arithon.com charges and collects in advance for use of the Service. Arithon.com will automatically renew and bill your credit card or issue an invoice to you as follows: (a) every month for monthly licences, (b) every quarter for quarterly licences, (c) upon the commencement of the initial term and then at each subsequent anniversary for annual licences, or (d) quarterly or annually for annual subscriptions. The renewal charge will be equal to the then-current number of total licences times the then-current licence fee in effect at the time of renewal. licences added or subtracted during a billing period will be billed on a pro rata basis. Charges will be based on the number of licences contracted for, whether or not such licences are actively used. Fees for other services will be charged on an as-quoted basis. Arithon.com reserves the right to change the fees, applicable charges and usage policies and to introduce new charges at any time, upon at least 30 days prior notice to you, which notice may be provided by e-mail or prominently displayed on the website.

For credit card payers, invoices will be generated at the start of a licence or billing period and your credit card will be charged simultaneously. If paying by other means, invoices will be generated at the start of a licence or billing period and approximately one month in advance of the start of any renewal or subsequent billing period and shall be due within 30 days. Your account will be considered delinquent (in arrears) if payment in full is not received by the licence or billing period start date.

You agree to provide Arithon.com with complete and accurate billing and contact information. This information includes your legal company name, street address, e-mail address, and name and telephone number of an authorised billing contact. You agree to update this information within 30 days of any change to it. If the contact information you have provided is false or fraudulent, Arithon.com reserves the right to terminate your access to the Service in addition to any other legal remedies.

Unless Arithon.com in its discretion determines otherwise: (i) entities with headquarters and a majority of users resident in the United States will be billed in U.S. dollars and subject to U.S. payment terms and pricing schemes ("U.S. Customers"); (ii) entities with headquarters and a majority of users resident in Japan will be billed in Japanese yen and subject to Japanese payment terms and pricing schemes ("Japanese Customers"); and (iii) all other entities will be billed in U.S. dollars, Euros or local currency and be subject to either U.S. or non-U.S. payment terms and pricing schemes at the discretion of Arithon.com ("Non-U.S./Japan Customers").

If you believe that you have been incorrectly billed by Arithon.com, you must contact us in writing within 60 days of the invoice date of the invoice containing the amount in question to be eligible to receive an adjustment or credit.

 

Non-Payment:

 

 

In addition to any other rights granted to Arithon.com herein, Arithon.com reserves the right to suspend or terminate this Agreement and your access to the Service if your account becomes delinquent (falls into arrears). Delinquent invoices (accounts in arrears) are subject to interest of 1.5% per month on any outstanding balance, or the maximum permitted by law, whichever is less, plus all expenses of collection. You will continue to be charged for your licences during any period of suspension. If you or Arithon.com initiate termination of this Agreement, you will be obligated to pay the balance due on your account computed in accordance with the Charges and Payment of Fees section above. You agree that Arithon.com may charge such unpaid fees to your credit card or otherwise bill you for such unpaid fees.

 

Non-Transferable licence:

 

 

Arithon.com grants to you a personal, non-exclusive, non-transferable licence to use and display the audio and visual information, documents, products and software contained in or made available through the Service (the "Content") solely for your own internal business purposes. All rights not expressly granted herein by Arithon.com to you are reserved by Arithon.com and/or its licensors.

 

Restrictions:

 

 

You are permitted to store, manipulate, analyse, reformat, print, and display the Content only for your internal business use. Unauthorised use, resale or commercial exploitation of the Service and/or the Content in any way is expressly prohibited. You shall not copy, licence, sell, transfer, make available, distribute, or assign this licence or the Content to any third-party. You shall not create Internet "links" to the Service or "frame" or "mirror" any Content contained on, or accessible from, the Service on any other server or Internet-based device. You are advised to consult with your broker or other financial representative to verify pricing information prior to the execution of any security trade based upon the Content.

 

Third-Party Interaction:

 

 

In your use of the Service, you may enter into correspondence with, purchase goods and/or services from, or participate in promotions of advertisers or sponsors showing their goods and/or services through the Service. Any such activity, and any terms, conditions, warranties or representations associated with such activity, is solely between you and the applicable third-party. Arithon.com and its licensors shall have no liability, obligation or responsibility for any such correspondence, purchase or promotion between you and any such third-party.

 

Links to Third-Party Sites:

 

 

Arithon.com does not endorse any sites on the Internet which are linked through the Service. Arithon.com is providing these links to you only as a matter of convenience, and in no event shall Arithon.com or its licensors be responsible for any content, products, or other materials on or available from such sites.

 

 

User Accounts:

 

 

A user account is required to access the Service and may be accessed and used only by those authorised individuals who are registered with Arithon.com. To open a user account, you or your company must complete the registration process by providing Arithon.com with current, complete and accurate information as prompted by the registration form. In registering for the Service, you and your company's users agree to submit accurate, current and complete information about you and your organisation, and promptly update such information. Should Arithon.com suspect that such information is untrue, inaccurate, not current or incomplete, Arithon.com has the right to suspend or terminate your use of the Service. You must choose a personal, non-transferable password. User accounts cannot be "shared" or used by more than one individual. User licences can be transferred to a new user only if a previous user becomes inactive and is unable to access the Service.

 

User Responsibilities:

 

 

You are solely responsible for any and all activities that occur under your account and ensuring that you exit or log-off from your account at the end of each session of use. You shall notify Arithon.com immediately of any unauthorised use of your password or account or any other breach of security that is known or suspected by you. You shall also use your best efforts to stop immediately any copying or distribution of Content that is known or suspected by you. Arithon.com and its licensors shall not be responsible for (i) any unauthorised access to, or alteration of, your transmissions or data, or any material, information or data sent or received, regardless of whether the data is actually received by Arithon.com, (ii) any transactions entered into through the Service, or (iii) any failure by you to abide by this Agreement.

 

Account Information & Data:

 

 

Arithon.com does not own any data, information or material that you submit to the Service ("Data"), unless we specifically tell you otherwise before you submit it. Arithon.com will not monitor, edit, or disclose any information regarding you or your account, including any Data, without your prior permission except in accordance with this Agreement or as may be required by law. Please be aware that Arithon.com does provide certain user registration and statistical information such as usage or user traffic patterns in aggregate form to third parties, but such information will not include personally identifying information and your IP address will not be transmitted with messages sent from your Arithon.com account. Arithon.com may access your account, including its Data, to respond to service or technical problems or as stated in this Agreement. You, not Arithon.com, shall have sole responsibility for the accuracy, quality, integrity, legality, reliability, appropriateness and copyright of all Data, and Arithon.com shall not be responsible or liable for the deletion, correction, destruction, damage, loss or failure to store any Data.

 

Use, Storage & Other Limitations:

 

 

Arithon.com reserves the right to establish or modify general practices and limits concerning use of the Service, including without limitation the maximum number of days that Content will be retained by the Service and the maximum disk space that will be allotted on Arithon.com's servers on your behalf. The current maximum disk storage space provided at no additional charge is 500 MB per licence per year. If the amount of disk storage required exceeds this limit, you will be charged one additional licence fee at the then-current price for each 1GB of additional storage (or portion thereof). Arithon.com will use reasonable efforts to notify you when the average storage used per licence reaches approximately 90% of the current maximum but you will be responsible for any additional storage charges regardless.

 

 

User Conduct:

 

 

You agree to abide by all applicable local, state, national and foreign laws, treaties and regulations in connection with the Service. In addition, without limitation, you agree not to use the Service or information from the Service to: (a) send unsolicited or unauthorised email, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes, or any other form of duplicative or unsolicited messages, whether commercial or otherwise; (b) harvest, collect, gather or assemble information or data regarding other users, including e-mail addresses, without their consent; (c) transmit through or post on the Service unlawful, immoral, libellous, abusive, harassing, tortuous, defamatory, threatening, harmful, invasive of another's privacy, vulgar, obscene or otherwise objectionable material of any kind or nature or which is harmful to minors in any way; (d) transmit any material that may infringe the intellectual property rights or other proprietary rights of third parties, including trademark, copyright or right of publicity; (e) transmit any material that contains software viruses or other harmful or deleterious computer code, files or programs such as trojan horses, worms, time bombs or cancelbots; (f) interfere with or disrupt the integrity of any data or computer-based information or any servers or networks connected to the Service or violate the regulations, policies or procedures of such networks; (g) attempt to gain unauthorised access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means; or (h) harass or interfere with another user's use and enjoyment of the Service.

 

Termination/Reduction in Service Level:

 

 

For monthly, quarterly or annual licences, this Agreement is automatically renewable monthly, quarterly or annually, respectively, unless either party requests termination or a change in service level prior to the commencement of the next period. Either party may terminate this Agreement or reduce the level of service by notifying the other party in writing at least one month in advance of the termination date. You will be billed for the period from the date you initiate the termination/reduction up to and including the date one month following the date you initiated the termination/reduction at the service level prior to such termination/reduction. Upon termination/reduction, you will be granted a refund of any prepaid charges applicable to the period starting one month after our receipt of your written notice of the termination/reduction. For each user there is an initial signup period, usually 3 months, which is prepaid. This initial signup period is non-refundable.

 

 

For annual subscriptions, this Agreement commences upon the Start Date (as set forth in the Order Form), is non-cancellable, and, unless terminated for cause by Arithon.com as set forth below, continues for the Initial Term set forth in the Order Form. This Agreement then will automatically renew for subsequent one (1) year terms at Arithon.com's then-current fees unless one party provides the other with written notice of its intent not to renew at least thirty (30) days prior to the end of the then-current term.

 

 

Termination for Cause:

 

 

Any unauthorised access, use, copying, disclosure, distribution, or sublicensing by you or with your aid or consent of the Service or Content or any related methods, algorithms, techniques, or processes will be deemed a material breach of this Agreement.

 

 

Arithon.com in its sole discretion may terminate your password, account or use of the Service if you breach or otherwise fail to comply with this Agreement. In addition, Arithon.com may terminate a free account if you do not first log on within 30 days after registration or if 90 days have passed since you last logged on.

 

 

Data Rights:

 

 

Arithon.com reserves the right to withhold, remove and/or discard Data without notice for any breach, including, without limitation, your non-payment. Upon termination for cause, your right to access or use Data immediately ceases, and Arithon.com shall have no obligation to maintain any Data stored in your account or to forward any Data to you or any third-party.

 

 

In the event that you terminate this Agreement (other than by reason of your breach), Arithon.com will make available to you a file of your Data within 30 days of termination if you so request at the time of your notification of termination.

 

 

Cookies:

 

 

Cookies are files that your web browser places on your computer's hard drive and are used to tell us whether you have visited the Service previously. Arithon.com uses a persistent cookie to help save and retrieve usernames used on the Service. Arithon.com issues a session cookie only to record encrypted authentication information for the duration of a specific session.

 

 

Proprietary Rights:

 

 

Except for the licences granted herein, you have no right, title or interest in or to Arithon.com, the Service or any Content of Arithon.com or its licensors, including, without limitation, documentation, stories, articles, text, images, and other multimedia data and all such right, title and interest shall remain exclusively with Arithon.com and its licensors, as applicable. Arithon.com and/or other Arithon.com products and services referenced herein are either trademarks or registered trademarks of Arithon.com. The names of other companies and products mentioned herein may be the trademarks of their respective owners.

 

 

Mutual Indemnification:

 

 

You shall indemnify and hold Arithon.com, its licensors and each such party's parent organisations, subsidiaries, affiliates, officers, directors, employees, attorneys and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with any unauthorised or improper use of the Service or Content or any breach of this Agreement by you.

 

Warranties:

 

 

(a) ARITHON.COM WARRANTS THAT THE SERVICE PROVIDED WILL PERFORM SUBSTANTIALLY IN ACCORDANCE WITH THE FUNCTIONS DESCRIBED IN THE ONLINE ARITHON.COM HELP DOCUMENTATION UNDER NORMAL USE AND CIRCUMSTANCES.

 

(b) EXCEPT AS PROVIDED IN SUBSECTION (a) ABOVE:(I) ARITHON.COM AND ITS LICENSORS MAKE NO REPRESENTATION, WARRANTY, OR GUARANTY AS TO THE RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, TRUTH, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICE OR ANY CONTENT;(II) ARITHON.COM AND ITS LICENSORS DO NOT REPRESENT OR WARRANT THAT (A) THE USE OF THE SERVICE WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR OPERATE IN COMBINATION WITH ANY OTHER HARDWARE, SOFTWARE, SYSTEM OR DATA, (B) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (C) ANY STORED DATA WILL BE ACCURATE OR RELIABLE, (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS, (E) ERRORS OR DEFECTS WILL BE CORRECTED, OR (F) THE SERVICE OR THE SERVER(S) THAT MAKE THE SERVICE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS;(III) THE SERVICE AND ALL CONTENT IS PROVIDED TO YOU STRICTLY ON AN "AS IS" BASIS; AND (IV) ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS, ARE HEREBY DISCLAIMED TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW BY ARITHON.COM AND ITS LICENSORS.

 

Limitation of Liability:

 

 

IN NO EVENT SHALL EITHER PARTY'S AGGREGATE LIABILITY EXCEED THE AMOUNTS ACTUALLY PAID BY AND/OR DUE FROM YOU IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH CLAIM. IN NO EVENT SHALL EITHER PARTY AND/OR ITS LICENSORS BE LIABLE TO ANYONE FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR OTHER DAMAGES OF ANY TYPE OR KIND (INCLUDING LOSS OF DATA, REVENUE, PROFITS, USE OR OTHER ECONOMIC ADVANTAGE) ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS SERVICE, INCLUDING BUT NOT LIMITED TO THE USE OR INABILITY TO USE THE SERVICE, OR FOR ANY CONTENT OBTAINED FROM OR THROUGH THE SERVICE, EVEN IF THE PARTY FROM WHICH DAMAGES ARE BEING SOUGHT OR SUCH PARTY'S LICENSORS HAVE BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

 

 

IN NO EVENT SHALL EITHER PARTY'S LICENSORS BE LIABLE TO ANYONE FOR ANY DIRECT DAMAGES OF ANY TYPE OR KIND (INCLUDING LOST PROFITS) OR FOR ANY INDIRECT, PUNITIVE, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING LOST PROFITS), ARISING UNDER THIS AGREEMENT OR FROM PERFORMANCE THEREUNDER BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, WHETHER OR NOT THEY HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT SUCH DAMAGES MIGHT BE INCURRED, OR FOR ANY INTERRUPTION, INACCURACY, ERROR OR OMISSION, REGARDLESS OF CAUSE, IN THE CONTENT.

 

Additional Rights:

 

 

Certain states and/or jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, so the exclusions set forth above may not apply to you.

 

 

Local Laws & Export Control:

 

 

This site provides services and uses software and technology that may be subject to United States export controls administered by the U.S. Department of Commerce, the United States Department of Treasury Office of Foreign Assets Control, and other U.S. agencies and the export control regulations of the European Union. The user of this site ("User") acknowledges and agrees that the site shall not be used, and none of the underlying information, software, or technology may be transferred or otherwise exported or re-exported to Afghanistan, Burma, Cuba, Iraq, Iran, Libya, Sudan, or any other countries to which the United States and/or the European Union maintains an embargo (collectively, "Embargoed Countries"), or to or by a national or resident thereof, or any person or entity on the U.S. Department of Treasury's List of Specially Designated Nationals or the U.S. Department of Commerce's Table of Denial Orders (collectively, "Designated Nationals"). The lists of Embargoed Countries and Designated Nationals are subject to change without notice. By using this site, User represents and warrants that it is not located in, under the control of, or a national or resident of an Embargoed Country or Designated National. User agrees to comply strictly with all U.S. and European Union export laws and assumes sole responsibility for obtaining licences to export or re-export as may be required.

 

 

This site may use encryption technology that is subject to licensing requirements under the U.S. Export Administration Regulations, 15 C.F.R. Parts 730-774 and Council Regulation (EC) No. 1334/2000

 

 

Arithon.com and its licensors make no representation that the Service is appropriate or available for use in other locations. If you use the Service from outside the United States of America and/or the European Union, you are solely responsible for compliance with all applicable laws, including without limitation export and import regulations of other countries. Any diversion of the Content contrary to United States or European Union (including European Union Member States) law is prohibited. None of the Content, nor any information acquired through the use of the Service, is or will be used for nuclear activities, chemical or biological weapons, or missile projects, unless specifically authorised by the United States Government or appropriate European body for such purposes.

 

Submissions:

 

 

Arithon.com alone will own all right, title and interest, including all related intellectual property rights, to any suggestions, ideas, feedback, recommendations, or other information provided by you relating to the Service ("Submissions") and you agree to assign such Submissions to Arithon.com free of charge. Arithon.com may use such Submissions as it deems appropriate in its sole discretion.

 

 

Notice:

 

 

Arithon.com may give notice by means of a general notice on the Service, electronic mail to your e-mail address on record in Arithon.com's account information, or by written communication sent by first class mail or pre-paid post to your address on record in Arithon.com's account information. Such notice shall be deemed to have been given upon the expiration of 48 hours after mailing or posting (if sent by first class mail or pre-paid post) or 12 hours after sending (if sent by email). You may give notice to Arithon.com (such notice shall be deemed given when received by Arithon.com) at any time by any of the following: letter sent by confirmed facsimile to Arithon.com at the following fax numbers (whichever is appropriate): +44 (0)870 1417298 (for U.K. Customers) or +353 (0)1 2475421 (for all other customers ); letter delivered by nationally recognised overnight delivery service or first class postage prepaid mail to Arithon.com at the following address: Arithon.com, 39 Dame Street, Dublin 2, Ireland.

 

Modification to Terms:

 

 

Arithon.com reserves the right to change the terms and conditions of this Agreement or its policies relating to the Service at any time and shall notify you by posting an updated version of this Agreement on the Service. You are responsible for regularly reviewing this Agreement. Continued use of the Service after any such changes shall constitute your consent to such changes.

 

Assignability:

 

 

This Agreement may not be assigned by you without the prior written approval of Arithon.com but may be assigned by Arithon.com to (i) a parent or subsidiary, (ii) an acquirer of assets, or (iii) a successor by merger. Any purported assignment in violation of this section shall be void.

 

 

Beneficiaries:

 

 

The rights and limitations in this Agreement are also for the benefit of Arithon.com's licensors each of whom shall have the right to enforce its rights hereunder directly and on its own behalf.

 

General:

 

 

This Agreement shall be governed by the laws of Ireland, without regard to the choice or conflicts of law provisions of any jurisdiction, and any disputes, actions, claims or causes of action arising out of or in connection with this Agreement or the Service shall be subject to the exclusive jurisdiction of the courts of Republic of Ireland.

 

No text or information set forth on any other purchase order, preprinted form or document (other than an Order Form, if applicable) shall add to or vary the terms and conditions of this Agreement. If any provision of this Agreement is held by a court of competent jurisdiction to be invalid or unenforceable, then such provision(s) shall be construed, as nearly as possible, to reflect the intentions of the invalid or unenforceable provision(s), with all other provisions remaining in full force and effect. No joint venture, partnership, employment, or agency relationship exists between you and Arithon.com as a result of this agreement or use of the Service. The failure of Arithon.com to enforce any right or provision in this Agreement shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Arithon.com in writing. This Agreement, together with any applicable Order Form, comprises the entire agreement between you and Arithon.com and supersedes all prior or contemporaneous negotiations, discussions or agreements, whether written or oral, between the parties regarding the subject matter contained herein.

 

Questions or Additional Information:

 

 

If you have questions regarding this Agreement or wish to obtain additional information, please send an e-mail tosupport@arithon.com.