HireOND Terms of Use
Last Update: 5th August, 2024
Introduction
These Terms of Use constitute a legally binding agreement made between you, whether personally or on behalf of an entity (“you”) and HireOND (“Company“, “we”, “us”, or “our”), concerning your access to and use of the https://www.hireond.com website as well as any other media form, media channel, mobile website or mobile application related, linked, or otherwise connected thereto (collectively, the “Site”). You agree that by accessing the Site, you have read, understood, and agreed to be bound by all of these Terms of Use. IF YOU DO NOT AGREE WITH ALL OF THESE TERMS OF USE, THEN YOU ARE EXPRESSLY PROHIBITED FROM USING THE SITE AND YOU MUST DISCONTINUE USE IMMEDIATELY.
Supplemental terms and conditions or documents that may be posted on the Site from time to time are hereby expressly incorporated herein by reference. We reserve the right, in our sole discretion, to make changes or modifications to these Terms of Use at any time and for any reason. We will alert you about any changes by updating the “Last updated” date of these Terms of Use, and you waive any right to receive specific notice of each such change. It is your responsibility to periodically review these Terms of Use to stay informed of updates. You will be subject to, and will be deemed to have been made aware of and to have accepted, the changes in any revised Terms of Use by your continued use of the Site after the date such revised Terms of Use are posted.
The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent local laws are applicable.
Scope of Services
HireOND connects clients with top-tier digital marketing experts to fulfill their digital marketing needs. We act as an intermediary, offering matching services based on your specifications and preferences.
Client Registration and Account Obligations
Eligibility: You must be at least 18 years old to use HireOND services. By agreeing to these terms, you confirm that you meet this requirement.
Account Information
When creating an account or submitting a client form, you agree to:
• Provide accurate, current, and complete information.
• Maintain the confidentiality of your login credentials.
• Notify us immediately of any unauthorized access.
HireOND reserves the right to suspend accounts for any violation of these Terms.
Intellectual Property Rights
Unless otherwise stated, this Site and all its components—including source code, databases, software, website designs, audio, video, text, photographs, and graphics (collectively referred to as the “Content”)—as well as trademarks, service marks, and logos (“Marks”) are our proprietary property, controlled or licensed to us. They are protected under U.S. copyright and trademark laws, along with other international intellectual property and unfair competition laws. The Content and Marks are available on the Site “AS IS” solely for informational and personal use. Except where expressly permitted in these Terms of Use, no part of the Site, Content, or Marks may be copied, reproduced, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose without our prior written consent.
If eligible to use the Site, you are granted a limited license to access and use the Site. You may also download or print a copy of any portion of the Content you have proper access to, exclusively for personal, non-commercial purposes. All rights not expressly granted in relation to the Site, the Content, and the Marks are reserved by us.
User Representations
By accessing the Site, you confirm and agree that: (1) you possess the legal capacity and accept these Terms of Use; (2) you are of legal age in your jurisdiction; (3) you will not access the Site via automated or non-human methods, such as bots or scripts; (4) you will not use the Site for any unlawful or unauthorized purposes; and (5) your use of the Site will comply with all applicable laws and regulations.
If you provide information that is false, inaccurate, outdated, or incomplete, we reserve the right to suspend or terminate your account and to deny any current or future access to the Site (or any part of it).
Prohibited Activities
The Site is intended solely for purposes specified by us and may not be used for any other purpose, particularly commercial endeavors unless explicitly authorized.
As a Site user, you agree to refrain from:
• Systematically collecting data or content from the Site to create compilations, databases, or directories without our written consent.
• Deceiving or misleading us or other users, especially when attempting to access sensitive account information, such as passwords.
• Bypassing or tampering with the Site’s security features, including those that control content usage and access restrictions.
• Using information from the Site to harass, abuse, or harm others.
• Misusing our support services or submitting false reports of abuse or misconduct.
• Using the Site for advertising or selling goods and services.
• Uploading or transmitting viruses, malware, or engaging in spamming and other disruptive actions that impact the Site’s functionality or users’ experience.
• Engaging in automated activities, like sending automated messages, or using data mining or extraction tools.
• Removing copyright notices or proprietary rights from any content.
• Attempting to impersonate others or using usernames that belong to other users.
• Selling or transferring your user profile to another individual.
• Uploading any material that acts as passive data collection, such as web bugs, spyware, or tracking pixels.
• Interfering with or placing undue burden on the Site’s infrastructure or networks.
• Harassing, intimidating, or threatening our employees or agents.
• Circumventing access restrictions on the Site or its portions.
• Copying, modifying, or reverse-engineering the Site’s software, such as HTML, JavaScript, PHP, or Flash code.
• Launching unauthorized automated systems, like spiders, robots, or scrapers, unless as part of standard search engine usage.
• Using purchasing agents to make Site purchases on your behalf.
• Collecting usernames or emails for unsolicited communications or creating accounts through automation or under false pretenses.
• Utilizing the Site or its content to compete with us or for any revenue-generating activity without our authorization.
By following these guidelines, you ensure a safe and fair experience for all users.
User Generated Contributions
The Site itself does not allow users to submit or post content directly. However, we may provide opportunities for you to create, submit, post, display, transmit, perform, publish, distribute, or share content with us or on the Site. This may include, but is not limited to, text, writings, videos, audio, photos, graphics, comments, suggestions, personal information, or other material (“Contributions”). These Contributions may be visible to other Site users and potentially on third-party platforms. By submitting Contributions, you agree that they will be handled in line with our Site Privacy Policy. Additionally, you represent and confirm that:
• Your Contributions, sharing, or display do not infringe any proprietary rights, copyrights, patents, trademarks, trade secrets, or moral rights of third parties.
• You are the owner of the Contributions or have the necessary permissions, licenses, consents, or releases to allow us to use your Contributions as intended
• You have obtained written consent or permission from any identifiable individuals in your Contributions to use their names as needed under these Terms.
• Your Contributions are not false, inaccurate, or misleading.
• Your Contributions do not constitute unauthorized advertising, promotions, pyramid schemes, chain letters, spam, mass mails, or other forms of solicitation.
• Your Contributions are not obscene, lewd, violent, harassing, defamatory, or otherwise objectionable as determined by us.
• Your Contributions do not mock, disparage, intimidate, or abuse others.
• Your Contributions do not support the violent overthrow of any government or encourage or threaten physical harm toward others.
• Your Contributions comply with all applicable laws, regulations, and rules.
• Your Contributions do not violate the privacy or publicity rights of any third party.
• Your Contributions do not solicit personal information from anyone under the age of 18 or exploit minors in a sexual or violent manner.
• Your Contributions do not violate laws concerning child protection or the welfare of minors.
• Your Contributions do not include offensive comments based on race, national origin, gender, sexual preference, or disability.
• Your Contributions do not otherwise violate or link to any material that breaches these Terms of Use or any applicable laws.
Any use of the Site that violates these guidelines may lead to consequences, including the suspension or termination of your right to use the Site.
Contribution License
You and the Site agree that we may access, store, process, and use any information and personal data you provide in accordance with our Privacy Policy and your preferences (including settings).
By providing suggestions or other feedback about the Site, you agree that we may use and share this feedback freely and without compensation.
We do not claim ownership of your Contributions. You retain full ownership of your Contributions and any associated intellectual property or proprietary rights. We are not responsible for any statements or representations made in your Contributions posted in any part of the Site. You bear full responsibility for your Contributions and agree to release us from any liability, refraining from legal actions related to your Contributions.
Submissions
You acknowledge that any questions, comments, suggestions, ideas, feedback, or other information you provide regarding the Site (“Submissions”) are non-confidential and will become our exclusive property. We will hold all rights to these Submissions, including intellectual property rights, and may use and distribute them for any lawful purpose, commercial or otherwise, without any acknowledgment or compensation to you. You waive all moral rights to these Submissions and confirm that they are original to you, or that you have the necessary rights to submit them. You agree not to pursue any claim against us for alleged or actual infringement or misappropriation of any proprietary rights in these Submissions.
Third-party website and content
The Site may contain links to external websites (“Third-Party Websites”) and may provide access to content belonging to or originating from third parties, such as articles, images, graphics, music, videos, information, applications, and other items (“Third-Party Content”). We do not monitor or verify these Third-Party Websites or Third-Party Content for accuracy, appropriateness, or completeness, and we are not responsible for any Third-Party Websites accessed through the Site or any Third-Party Content available on or installed from the Site. This includes their content, accuracy, opinions, privacy practices, or other policies. The presence of links to or the use or installation of Third-Party Websites or Content does not imply our endorsement.
If you choose to leave the Site to access Third-Party Websites or use or install Third-Party Content, you do so at your own risk, and these Terms of Use will no longer apply. We encourage you to review the terms, privacy policies, and data practices of any site or application you access from the Site.
Any purchases made through Third-Party Websites are between you and the third party, and we bear no responsibility for such transactions. You agree that we do not endorse products or services offered on Third-Party Websites and that you will hold us harmless from any harm caused by these purchases. Furthermore, you agree to hold us harmless from any losses or damages resulting from your interactions with Third-Party Content or Websites.
Site Regulations
We reserve the right, but are not obligated, to: (1) monitor the Site for any violations of these Terms of Use; (2) take appropriate legal action against anyone who, in our sole discretion, violates the law or these Terms, which may include reporting such users to law enforcement; (3) at our sole discretion, refuse access to, restrict, limit the availability of, or disable (where technologically feasible) any of your Contributions or any part thereof; (4) at our sole discretion, with or without notice or liability, remove or disable any files or content that are excessively large or otherwise burdensome to our systems; and (5) manage the Site as needed to protect our rights and property and to ensure its proper functioning.
Privacy Policy
We care about data privacy and security. Please review our Privacy Policy: https://hireond.com/privacy-policy By using the Site, you agree to be bound by our Privacy Policy, which is incorporated into these Terms of Use.
Termination
These Terms of Use will remain in effect while you continue to use the Site.Without limiting any other provisions contained in this agreement, we reserve the right, at our sole discretion and without prior notice or liability, to restrict access to the site (including the ability to block certain IP addresses) for any individual, for any reason or for no reason whatsoever. This includes, but is not limited to, violations of any representation, warranty, or covenant in these Terms or any applicable laws or regulations. We may terminate your access to the Site or delete any content you have posted at any time, without warning, at our discretion.
If we terminate or suspend your account for any reason, you are prohibited from registering or creating a new account under your name, a fictitious name, or the name of any third party, even if you are acting on behalf of that third party. In addition to terminating or suspending your account, we reserve the right to pursue appropriate legal action, which may include civil, criminal, and injunctive remedies.
Modifications and Interruptions
We reserve the right to change, modify, or remove any content on the Site at any time, for any reason, and at our sole discretion without prior notice. However, we are not obligated to update any information on the Site. We also retain the right to modify or discontinue all or part of the Site at any time without notice. We will not be liable to you or any third party for any changes, price adjustments, suspensions, or discontinuations of the Site.
We cannot guarantee that the Site will always be available. We may encounter hardware, software, or other issues, or need to conduct maintenance on the Site, which may lead to interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, or discontinue the Site at any time, for any reason, without notifying you. You agree that we are not liable for any loss, damage, or inconvenience resulting from your inability to access or use the Site during any downtime or discontinuation. Nothing in these Terms of Use obligates us to maintain or support the Site, nor to provide any corrections, updates, or releases related to it.
Dispute Resolution
Informal Negotiations
To expedite the resolution and manage the costs of any dispute, controversy, or claim related to these Terms of Use (each a “Dispute” and collectively, the “Disputes”), both you and we (individually referred to as a “Party” and collectively as the “Parties”) agree to first engage in informal negotiations for a minimum of thirty (30) days before initiating arbitration. These informal negotiations will begin upon one Party providing written notice to the other Party.
Restrictions
The Parties agree that any arbitration will be limited to the individual Dispute between them. To the fullest extent allowed by law: (a) no arbitration shall be combined with any other proceeding; (b) there is no right or authority for any Dispute to be arbitrated on a class-action basis or to use class action procedures; and (c) there is no right or authority for any Dispute to be brought in a representative capacity on behalf of the general public or any other individuals.
Exceptions to Informal Negotiations and Arbitration
The Parties agree that the following Disputes are not subject to the provisions regarding informal negotiations and binding arbitration: (a) any Disputes aimed at enforcing or protecting, or concerning the validity of, any intellectual property rights of a Party; (b) any Dispute related to allegations of theft, piracy, invasion of privacy, or unauthorized use; and (c) any claims for injunctive relief. If any part of this provision is found to be illegal or unenforceable, then neither Party will choose to arbitrate any Dispute that falls within the illegal or unenforceable portion, and such Dispute shall be resolved by a court of competent jurisdiction in Bengaluru, India, with the Parties agreeing to submit to the personal jurisdiction of that court.
Corrections
There may be information on the Site that contains typographical errors, inaccuracies, or omissions, including descriptions, pricing, availability, and various other information. We reserve the right to correct any errors, inaccuracies, or omissions and to change or update the information on the Site at any time, without prior notice.
Disclaimer
The site is provided on an as-is and as-available basis. You agree that your use of the site and our services is at your own risk. To the fullest extent permitted by law, we disclaim all warranties, whether express or implied, in relation to the site and your use of it, including, without limitation, implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
We do not make any warranties or representations regarding the accuracy or completeness of the content on the site or on any websites linked to it. We will not assume any liability or responsibility for: (1) errors, mistakes, or inaccuracies in the content and materials; (2) personal injury or property damage of any kind resulting from your access to and use of the site; (3) unauthorized access to or use of our secure servers and/or any personal or financial information stored therein; (4) interruptions or cessation of transmission to or from the site; (5) bugs, viruses, Trojan horses, or similar issues transmitted to or through the site by any third party; or (6) errors or omissions in any content or materials or any loss or damage incurred as a result of using any content posted, transmitted, or otherwise made available via the site.
We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the site, any hyperlinked website, or any website or mobile application featured in any advertising. We are not a party to or responsible for monitoring any transaction between you and any third-party providers of products or services. As with any purchase of a product or service, you should use your best judgment and exercise caution where appropriate.
Limitations of Liability
In no event will we, or our directors, employees, or agents, be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profits, lost revenue, loss of data, or other damages arising from your use of the site, even if we have been informed of the potential for such damages. Notwithstanding anything to the contrary in this agreement, our liability to you for any reason and regardless of the form of action will always be limited to the amount you paid to us, if any, during the six-month period preceding the cause of action.
Indemnification
You agree to defend, indemnify, and hold us harmless, along with our subsidiaries, affiliates, and all respective officers, agents, partners, and employees, against any loss, damage, liability, claim, or demand, including reasonable attorney fees and expenses, made by any third party as a result of: (1) your use of the site; (2) your breach of these Terms of Use; (3) any violation of the representations and warranties outlined in these Terms; (4) your infringement of a third party’s rights, including intellectual property rights; or (5) any harmful actions taken toward another user of the site with whom you interacted through the site. Notwithstanding the above, we reserve the right to take over the exclusive defense and control of any situation for which you must indemnify us, at your expense, and you agree to cooperate with our defense of such claims at your own cost. We will make reasonable efforts to inform you of any claims, actions, or proceedings that fall under this indemnification once we become aware of them.
User Data
We will retain certain data that you transmit to the site to manage its performance, as well as data related to your usage. While we regularly back up data, you are solely responsible for any data you transmit or that pertains to your activities on the site. You agree that we are not liable for any loss or corruption of such data and waive any right to take action against us arising from such loss or corruption.
Miscellaneous
These Terms of Use and any policies or operational rules posted by us on the site or related to it constitute the entire agreement and understanding between you and us. Our failure to exercise or enforce any right or provision in these Terms does not constitute a waiver of that right or provision. These Terms of Use are intended to be enforced to the fullest extent permitted by law. We may assign any or all of our rights and obligations to others at any time. We will not be responsible for any loss, damage, delay, or failure to act due to causes beyond our reasonable control. If any provision of these Terms is found to be unlawful, void, or unenforceable, that provision is severable from these Terms and does not affect the validity of the remaining provisions. No joint venture, partnership, employment, or agency relationship is created between you and us through these Terms or your use of the site. You agree that these Terms will not be interpreted against us simply because we drafted them. You waive any defenses related to the electronic form of these Terms and the absence of signatures from the parties.
Non-Solicitation Disclaimer
During your access to or use of the platform or matching service, and for twelve (12) months after each access or use (collectively referred to as the “Non-Solicit Period”), you agree not to directly or indirectly encourage, solicit, hire, or engage any talent you become aware of through your interaction with us, except for services performed under a Talent Agreement signed by both you and HireOND. You also agree not to refer such talent to any parent, sibling, or affiliated companies.
Usage of Data
The user owns all data generated from any work performed by HireOND or its talent (referred to as “User Data”). However, the user grants HireOND a non-exclusive, royalty-free, perpetual, irrevocable worldwide license to use the User Data for internal, non-commercial purposes and to display it in an anonymized, non-identifiable form for promotional purposes.
Contact Us
For any questions regarding these Terms, please contact us at info@hireond.com