Recruitday Inc. (“Recruitday”, “we” or “us”) operates an online recruitment website, Recruitday.com (“Website”) that enables partner companies and organizations (collectively as “Partner Companies”) to recruit and hire individuals looking for employment opportunities (“Jobseekers”) using various recruitment services (“Services”).
This page contains the terms and conditions (“Terms and Conditions”) governing your access to and use of the Services provided by Recruitday.
If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, you may discontinue the use of the Services.
These Terms and Conditions are effective as of October 4, 2018.
These Terms and Conditions form a binding agreement (“Agreement”) between you and Recruitday.
Your access to or use of the Website and Services indicates your acceptance of these Terms and Conditions.
We reserve the right to modify, vary, or change the Terms and Conditions at any time as we deem fit. Such modifications, variations, or changes shall be effective upon the posting of an updated version at www.recruitday.com/terms-of-use
You agree that it shall be your responsibility to regularly review these Terms and Conditions and your continued use of the Services after any such changes, whether or not reviewed by you, shall constitute your consent and acceptance to such changes.
“Job Listings” refers to the job openings of the Partner Companies; .
“Services” means any services provided through the Website, including:
A job board where Jobseekers can search and apply to jobs published by Partner Companies (“Job Board Service”);
Profile pages of our Partner Companies to showcase their employer branding and job listings;
A chatbot where jobseekers can access the job board straight from the Facebook Messenger (“Chatbot Service”);
A system to manage employee referral programs (“Employee Referral Service”);
A system to manage non-employee referral programs (“Scouts Service”);
“Partner Company Employee” means any individual that has an employment contract with a Partner Company;
“Recruitday Scouts” means any individual who can refer candidates to Job Listings of Partner Companies;
“Referral” means any jobseeker who applies to a Partner Company’s job listing via the Employee Referral System or Recruitday Scouts service.
“Referral Reward” means the reward, either cash or non-cash, earned by a Scout or Partner Company Employee for a successful referral.
“Reward Date” means the date when the reward will be earned by the Scout or Partner Company Employee for a successful referral.
Use of Service
When you register to our Website, you become an Account holder. If you have chosen not to register, you may access certain features as a “Visitor.”
To use our Website, you agree that:
You must be at least 15 years old;
The information provided in your registration or at any time are complete and accurate;
You are not already restricted by Recruitday from using the Website;
You will keep your password secure and confidential;
You are solely responsible for anything that happens to your Account unless you terminate it or report misuse;
You will not use the Website for purposes other than obtaining the Services;
You will not copy, license, sublicense, sell, resell, transfer, assign, distribute or otherwise commercially exploit or make available to any third party the Website and Services in any way;
You will not modify or make derivative works based on the Website and Services;
You will not reverse engineer or access the Website in order to:
build a competitive product or service;
build a product using similar ideas, features, functions or graphics of the Website; or
copy any ideas, features, functions or graphics of the Website or Services;
You will not launch an automated program or script, including, but not limited to, web spiders, web crawlers, web robots, web ants, web indexers, bots, viruses or worms, or any program which may make multiple server requests per second, or unduly burdens or hinders the operation and/or performance of the Website
You will not use any robot, spider, site search/retrieval application, or other manual or automatic device or process to retrieve, index, “data mine”, or in any way reproduce or circumvent the navigational structure or presentation of the Services or its contents;
You will not use the Website to send spam or otherwise duplicative or unsolicited messages;
You will not use the Website to send or store infringing, obscene, threatening, libelous, or otherwise unlawful or tortious material, including but not limited to materials harmful to children or violative of third party privacy rights;
You will not use the Website to send material containing software viruses, worms, trojan horses or other harmful computer code, files, scripts, agents or programs;
You will not interfere with or disrupt the integrity or performance of the Website or the data contained therein;
You will not attempt to gain unauthorized access to the Website or its related systems or networks;
You will not impersonate any person or entity or otherwise misrepresent your affiliation with a person or entity;
You will not charge or accept directly or indirectly any amount from a Partner Company, Jobseeker, Scout, and/or Partner Company Employee unless required by the Service;
You will not furnish or publish any false notice or information or document about the Partner Companies, its Job Listings, and/or Recruitday;
You will not promise employment to the Jobseekers;
Terms for Recruitday Scouts
These terms are only applicable to you if you are a Scout;
Relationship of Parties
The relationship between you, Partner Companies, and Recruitday under this Agreement is solely that of independent contracting parties. The parties expressly agree that:
This Agreement is neither an employment contract nor does it create an employer-employee relationship between you and Recruitday, or between you and the Partner Company;
No joint venture, partnership, or agency relationship exists between you and Recruitday, or between you and the Partner Company;
Recruitday and/or the Partner Company shall not be bound in any manner whatsoever by any agreements, warranties or representations made by you;
You shall retain sole and absolute discretion in the manner and means of carrying out your activities and responsibilities under the Terms and Conditions set herein.
Quality of Referrals
The Website can monitor the quality of your referrals. You acknowledge and agree that you will do your best to maintain the quality of candidates by referring only those who you think are qualified for the position.
The Partner Company defines the amount and payment schedule of referral reward and are made available to you for each job listing published. The payment schedule is based on the application status of the candidate, e.g. Pre-Screened, Shortlisted, Hired. You will earn the corresponding referral reward for every status completed.
You will be notified via email as soon as you earn a reward.
Recruitday will facilitate the payout of referral rewards to you. Payment will be made via bank transfer into an account designated by you within ten (10) banking days from the reward date. You are solely responsible to report your income and pay all applicable taxes, as required by law.
Recruitday may withhold other applicable taxes as may be required by law.
Recruitday retains the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involves any criminal activity. In such an event, you shall not hold us liable for any withholding of, delay in, suspension of or cancellation of, any payment to you.
We, where applicable, hereby grant you a revocable, non-exclusive, non- transferable, non-assignable, personal, limited license to use the Website and Services, subject to the terms and conditions of this Agreement. All rights not expressly granted to you are reserved by Recruitday.
You shall maintain in confidence all information and data relating to Recruitday, its services, products, business affairs, marketing and promotion plans or other operations and our associated companies which are disclosed to you by or on behalf of the Recruitday (whether orally or in writing and whether before, on or after the date of this Agreement) or which are otherwise directly or indirectly acquired by you from Recruitday, or any of our affiliated companies, or created in the course of this Agreement;
You shall further ensure that you only use such confidential information in order to perform the Services, and shall not without the Recruitday’s prior written consent, disclose such information to any third-party nor use it for any other purpose;
The above obligations of confidentiality shall not apply to the extent that you can show that the relevant information:
was at the time of receipt already in the Recipient’s possession;
is, or becomes in the future, public knowledge through no fault or omission of the Recipient;
was received from a third-party having the right to disclose it; or
is required to be disclosed by law.
You agree to indemnify and hold Recruitday and its affiliates and their officers, directors, employees, and agents harmless from any and all claims, demands, losses, liabilities, and expenses (including attorneys' fees), arising out of or in connection with:
your use of the Service;
your breach or violation of any of these Terms;
Recruitday’s use of your User Content; or
your violation of the rights of any third party, including Third Party Providers.
Disclaimer of Warranties
Recruitday makes no representation, warranty, or guarantee as to the reliability, timeliness, quality, suitability, availability, accuracy or completeness of the Website and Services.
Recruitday does not represent or warrant that:
The use of the Website and Services will be secure, timely, uninterrupted or error-free or operate in combination with any other hardware, software, system or data;
The Website and Services will meet your requirements or expectations;
Any stored data will be accurate or reliable;
The quality of any products, services, information, or other materials obtained by you through the Website will meet your requirements or expectations;
Errors or defects in the Website will be corrected; or
The Website or the server/s that make the Website available are free of viruses or other harmful components.
The Website and Services are provided to you strictly on an "as is" basis. 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 excluded and disclaimed to the highest and maximum extent.
Recruitday makes no representation, warranty, or guarantee as to the reliability, safety, timeliness, quality, suitability or availability of any services.
You acknowledge and agree that the entire risk arising out of your use of the Website and Services remains solely and absolutely with you and you shall have no recourse whatsoever to Recruitday.
Limitation of Liability
Recruitday shall not be liable for indirect, incidental, special, exemplary, punitive, or consequential damages, including lost profits or lost data, in connection with, or otherwise resulting from any use of the services, regardless of the negligence of Recruitday, even when we have been advised of the possibility of such damages.
This Agreement shall be governed by the laws of the Philippines, 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, shall be referred to the Philippine Dispute Resolution Centre (“PDRC”), in accordance with the Rules of the PDRC as modified or amended from time to time (the “Rules”) by a sole arbitrator appointed by the mutual agreement of the parties (the “Arbitrator”). If parties are unable to agree on an arbitrator, the Arbitrator shall be appointed by the President of the PDRC in accordance with the Rules.
The seat and venue of the arbitration shall be Manila, in the English language and the fees of the Arbitrator shall be borne equally by the parties, provided that the Arbitrator may require that such fees be borne in such other manner as the Arbitrator determines is required in order for this arbitration clause to be enforceable under applicable law.
Severability of Provisions
If any provision of the Terms and Conditions is held to be invalid or unenforceable, such provision shall be struck and the remaining provisions shall be enforced to the fullest extent under law.
This shall, without limitation, also apply to the applicable law and jurisdiction as stipulated above. The failure of Recruitday to enforce any right or provision in the Terms and Conditions shall not constitute a waiver of such right or provision unless acknowledged and agreed to by Recruitday in writing.
The Terms and Conditions comprises the entire agreement between you and Recruitday and supersedes all prior or contemporaneous negotiations or discussions, whether written or oral (if any) between the parties regarding the subject matter contained herein.
Notice of Termination
You hereby agree that Recruitday may terminate this Agreement at any time by giving thirty (30) days prior notice to you without assigning any reasons.
Notwithstanding the generality of the provisions stipulated in this Agreement or anything to the contrary, Recruitday is entitled to terminate this Agreement immediately in the event that you are found to be in breach of any of the terms stipulated in this Agreement or the Recruitday Service Agreement;
For the avoidance of doubt, the termination of this Agreement shall not require Recruitday to compensate, reimburse or cover any cost incurred by you, including but not limited to the credit reserved with Recruitday or any other monies paid to Recruitday in the course of performing your obligations under this Agreement.
Recruitday may give notice by means of a general notice on the Website and/or electronic mail to your registered email address. Such notice shall be deemed to have been given upon the expiration of 1 hour after sending.
You may give notice Recruitday by letter sent by courier (such notice shall be deemed given when received by Recruitday) or electronic mail via email@example.com (such notice shall be deemed given when acknowledged by Recruitday).
Privacy is about more than just protecting the personal data you may share through the use of the Website and Services. Privacy is also about our obligation to use and disclose this information only for the purposes we have explained to you.
Recruitday is committed to protecting the privacy of our users, and strives to provide a safe, secure user experience. Our Privacy Statement sets forth the online data collection and usage policies and sets out how and when personal data is collected, held, used or disclosed.