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Last updated: 12/01/ 2023
Welcome to HIRING&APPLY LLC.
These HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) Terms of Use (the “Terms”) govern the contractual relationship between you and HIRING&APPLY LLC regarding the use of the HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) Services in accordance with these Terms, which are offered through the Platform.
PLEASE READ THESE TERMS CAREFULLY. BY USING THE HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) SERVICES, YOU AGREE TO BE BOUND BY (1) THESE TERMS AND (2) OUR PRIVACY POLICY. IF YOU DO NOT AGREE WITH THESE TERMS, PLEASE DO NOT USE THE HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) SERVICES. THE HEADINGS CONTAINED IN THESE TERMS ARE FOR REFERENCE PURPOSES ONLY.

TERMS OF USE

1. GENERAL INFORMATION

1.1 Definitions:

“Account” means the account registered at the Platform and associated with the email address.
“Recruiter” means any authorized User who acts as a legal entity or its representative, utilizing the Platform or Services to place the Vacancy, search for and select the Candidate and obtain the Candidate Services for the open Vacancy.
“HIRING&APPLY LLC (aka Hiring and apply, happ.jobs)”, “Company”, “we", “our” or “us” means HIRING&APPLY LLC, registered and acting under the laws of the United States of America, located at 4034 WILLOW GROVE RD, CAMDEN WYOMING, DELAWARE 19934, the United States of America.
“HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) Information Services”, “Services” means informational services we provide to match the Recruiter with the Candidate under the Vacancy.
“Candidate” means any authorized User utilizing the Platform or Services to provide the Candidate Services to the Recruiter.
“Candidate Services” means all services provided by the Candidate to the Recruiter under the Service Contract as an employee or contractor.
“Manager” means a representative of the HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) who can validate the Candidate and the Recruiter, process the Profile Data, select the Vacancies that match the Candidate Data and respond to these Vacancies on behalf of the Candidate.
“Service Contract” means the contractual provisions between the Recruiter and the Candidate governing the Candidate Services to be provided within the Vacancy as an employee or contractor, concluded in writing or orally.
“Platform” means the website operated by the Company available at: https://happ.jobs/ and any of its regional or other domains or properties.
“User”, “you” or “your” means an individual who visits or uses the Platform via the Account.
“Visitor” means an individual who merely visits the Platform and views publicly available content.
"Vacancy" means a set of requirements for short-term or long-term cooperation offered by the Recruiter via the Platform, selection procedure and the Service Contract conclusion, for different project realization.

1.2 ELIGIBILITY

Our Platform and Services are intended to be used by individuals who are at least 18 years old. By accessing and using the Platform and Services, you represent and warrant that you have the right, authority, and legal capacity to enter into these Terms and to abide by all of the terms and conditions hereof.
Likewise, if you are acting on behalf of a company or other legal entity while accessing and using the Platform and Services, you represent and warrant that you have the right and authority to enter into these Terms on that entity’s behalf and bind it to the terms and conditions hereof.

1.3 CHANGES TO THE TERMS

We reserve the right, at any time and at our sole discretion, to update, modify, change or replace these Terms, including adding paid functionalities. The new version of the Terms comes into force from the moment of its placement at: https://happ.jobs/.
We will make reasonable efforts to inform you in advance of any material changes, but it is your responsibility to review the Terms from time to time and keep yourself updated. Your further use of the Services after any changes and (or) additions to the Terms are made shall constitute your consent to such changes and (or) additions.
IF THE USER REFUSES TO ACCEPT CHANGES TO THE TERMS, THE USER SHOULD NOT VISIT THE PLATFORM AND USE SERVICES. THE USER UNDERTAKES TO SUBMIT ITS REQUEST TO DELETE ITS ACCOUNT AND TERMINATE ITS USE OF THE PLATFORM.

2. ACCOUNT

2.1 ACCOUNT PROFILE

To register an Account, you must complete a User profile (the “Profile”) by filling in the registration form (i.e., provide us with your personal data) and/or using your Google account. Please inform yourself on how we process your personal data in our Privacy Policy. Account registration is free of charge.
You agree to provide true, accurate, and complete information on your Profile and other forms you access on the Platform or provide us with. You also agree to update your information to maintain its truthfulness, accuracy, and completeness. You agree not to provide any false or misleading information about your identity or location, your business, your skills, or the services you or your business provides and to correct any such information that is or becomes false or misleading (e.g., email address).

2.2 ACCOUNT TYPES

You may register the Recruiter Account or the Candidate Account. You agree not to have or register for more than one Account without express written permission from us. We reserve the right to revoke the privileges of the Account or access to or use of the Platform or Services, and those of any and all linked Accounts without warning if, in our sole discretion, false or misleading information has been provided in creating or maintaining your Account.

2.3 ACCOUNT REGISTRATION

The Account registration procedure is as follows:
  1. it is necessary to fill in all required fields of the registration form as the Recruiter or the Candidate. Based on the information provided by the Candidate, an automated CV will be generated for the purpose of finding a relevant Vacancy. Upon successful completion, the User will receive a message with a link to activate the Account on the specified email address;
  2. after successful activation, the User can log in to the Account using its login and password;
  3. the Manager will check the correctness of the provided data in the Account. During this time, the Candidate may view the content of the Platform but may not be chosen as an applicant for the Vacancy, and the Recruiter may view the content of the Platform but may not create the Vacancy;
  4. in case of non-compliance of the filled-in information with the requirements of the Platform, the User will receive a notification about the need to make changes to the Account. In case of impossibility/unwillingness of the User to correct or provide the information, the Company has the right to block or delete the Account;
  5. in case of successful moderation, the Account will be assigned the "Active" status, allowing the Candidate to participate in the Candidate selection procedure and the Recruiter to create the Vacancy(-ies) and enjoy the full scope of the Services.
If you experience any difficulties or need our help to complete the Account registration process, you may contact us at info@happ.jobs

2.4 USE OF THE ACCOUNT

You are responsible for the security of your login credentials and the confidentiality of your Account information. It is not recommended to transfer your Account information to third parties. All actions performed on the Platform using your login credentials are considered to be your actions. Please notify us if any security breach or unauthorized use of your Account occurs.

2.5 PROFILE DATA

After registering an Account on the Platform, the User has the opportunity to create, edit and delete its Profile under these Terms.
The User fills in the Profile with the necessary information (the “Profile Data”), which provides the ability to find the appropriate User Account in the Vacancy catalog based on the required parameters
The Profile Data includes:

2.5.1. for the Recruiter Profile:

  1. contact information (name and surname of the contact person, phone number, email, position);
  2. legal entity information (name; logo image; national registration number; year of foundation; size; location; general description of activities, namely: industry, specialization, etc.);
  3. links to the website and social media accounts.

2.5.2. for the Candidate Profile:

  1. contact and personal information (name and surname, photo, date of birth, phone number, email, location, career preferences);
  2. experience information (level of expertise (level of seniority); years of experience; industries; specialization; skillset);
  3. education and employment information (education history; employment history, completed courses or certificates; languages spoken fluently);
  4. preferred location (indicating city and country or remote work only);
  5. hourly rate or salary level.

2.6. PUBLIC PROFILE.

THE USER UNDERSTANDS THAT THE USER’S PROFILE INFORMATION (INCLUDING, BUT NOT LIMITED TO, REVIEWS) IS PUBLIC. THEREFORE, ANY INTERNET USER, OR ANY SEARCH SYSTEM HAS UNLIMITED ACCESS TO IT. WE ARE NOT RESPONSIBLE FOR REVIEWING, COPYING, SAVING AND OTHER ACTIONS WITH YOUR ACCOUNT BY OTHER USERS.

2.7. ACCOUNT DELETION.

We reserve the right to block or delete User Account at any moment provided that such Account has not been logged into for a twelve (12) month period (“Inactive Account”).

3. USE OF THE SERVICES

3.1. HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) SERVICES

The authorized User may use all the Services in the manner and under the conditions specified herein. Namely, the User gains access to the following Services and features of the Platform via its Account:
  • as the Recruiter: to use the Platform and Services for its business purposes, as an informational service to match the represented legal entity with the Candidate within the Vacancy, namely: to search for and find the Candidate, participate in the negotiation and receive the Candidate Services under the Service Contract
  • as the Candidate: to use the Platform and Services as an informational service to search for and match with the Recruiter requirements within the Vacancy, namely: to be proposed and/or chosen as an applicant within the Vacancy, participate in the negotiation and provide the Candidate Services under the Service Contract;
  • as the Visitor: to visit the Platform, view publicly available content and create the Account.
We do not make any representations or warranties with respect to any information that is posted on the Platform by us or anyone else. We are not responsible for and do not guarantee the accuracy of any content.
DISCLAIMER: HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) ACTS EXCLUSIVELY AS AN INFORMATION PLATFORM PROVIDING THE SERVICES LISTED IN THIS SECTION. THE HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) DOES NOT PARTICIPATE IN THE PROVISION OF THE CANDIDATE SERVICES. SUCH SERVICES ARE PROVIDED TO THE RECRUITER ON THE BASIS OF THE SERVICE CONTRACT CONCLUDED BETWEEN THE RECRUITER AND THE CANDIDATE. THE HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) IS NOT A PARTY TO THE SERVICE CONTRACT, AND THEREFORE IS NOT RESPONSIBLE FOR THE RELATIONSHIP BETWEEN THE RECRUITER AND THE CANDIDATE. ANY PAYMENT FOR THE CANDIDATE SERVICES IS MADE EXCLUSIVELY BETWEEN THE RECRUITER AND THE CANDIDATE AND IS NOT PROVIDED FOR BY THE PLATFORM FUNCTIONALITY.
IN THE PROCESS OF CONCLUDING AND PERFORMING THE SERVICE CONTRACTS, HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) DOES NOT ACT AS AN AGENT OR EMPLOYEE OF THE RECRUITER OR THE CANDIDATE AND DOES NOT HAVE THE POWER OR AUTHORITY TO DO SO.

3.2. VACANCY

To start the Candidate selection procedure, the Recruiter creates the Vacancy in its Account, with a detailed description of the requirements for the desired Candidate. The Vacancy creation is provided for a fee from the Recruiter to HIRING&APPLY LLC (aka Hiring and apply, happ.jobs). Once the Vacancy is created, the Recruiter must activate it and the Manager will be automatically assigned to it, who can select the Candidates in accordance with the Recruiter's requirements. The Manager has the right to send the Candidate’s CV and Profile Data to the Recruiter.

3.3 CANDIDATE SELECTION PROCEDURE

The Candidate selection procedure comprises the following steps:
  1. Acquaintance with the requirements of the Recruiter specified in the Vacancy;
  2. Selection of the Candidates among the individuals registered on the Platform who best meet the requirements of the Vacancy by the Recruiter and/or Manager;
  3. Sending a recommendation of the Vacancy to the Candidate who meets the requirements of the Vacancy;
  4. Approval or rejection of the Vacancy by the Candidate;
  5. Approval or rejection of the Candidate by the Recruiter for the Vacancy;
  6. Signing the Service Contract between the approved Candidate and the legal entity represented by the Recruiter and paying the remuneration to HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) in accordance with these Terms.

3.4. RESTRICTIONS ON THE USE OF THE SERVICES

In case of violation of the use of the HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) Services or any conditions of the Terms or other documents governing the legal relationship between the Recruiter or Candidate and HIRING&APPLY LLC (aka Hiring and apply, happ.jobs), HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) has the right to block or delete the User Account as well as to restrict the use of all or some HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) Services.

3.5. PROHIBITED USE OF THE SERVICES

By using the Platform and/or Services, you agree not to (nor attempt to):
  1. use the Platform and/or Services in order to develop, or create, or permit others to develop or create, a product or service similar or competitive to the Platform and/or Services;
  2. license, sub-license, sell, re-sell, rent, lease, transfer, distribute or otherwise make any portion of the Platform and/or Services available for access by third parties except as otherwise expressly provided in these Terms;
  3. modify, reverse engineer, decompile, disassemble, copy, or otherwise attempt to derive source code or other trade secrets from or about the Platform or any of Services or technologies except as expressly permitted elsewhere in these Terms, unless and then only to the extent permitted by applicable law without consent;
  4. breach the security of the Platform and/or Services, or identify, probe or scan any security vulnerabilities in the Platform and/or Services;
  5. violate the security of the Platform or attempt to gain unauthorized access to the Platform, data, materials, information, computer systems or networks connected to any server associated with the Platform;
  6. use or attempt to use any scraper, robot, bot, spider, data mining, or any other automated device, program, tool, algorithm, process or methodology or manual process having similar processes or functionality, to access, acquire, copy, or monitor any portion of the Platform;
  7. use any device, software, algorithm, file or other tool or technology, including without limitation any viruses, trojan horses, worms, time bombs or cancelbots, intended to damage or interfere with our Platform, or to surreptitiously intercept or expropriate any data from the Platform, or breach any security or authentication measures;
  8. take any action that causes an unreasonable or disproportionately high load on the technical infrastructure of the Platform, including without limitation denial of service attacks, “spam” or any other such unsolicited overload technique;
  9. collect data from the Platform either by authorized and not authorized ways through automated means (bots, spiders, scrapers or equivalent means), or by establishing fake User Accounts or by anonymous proxy servers or equivalent measures, or by circumventing any technical measures to prevent forbidden activity on the Platform;
  10. make unauthorized use of the Platform, including, in particular, unauthorized access to our systems or any other illegal use of any information contained on the Platform;
  11. falsely state or otherwise represent an affiliation with a person or entity;
  12. attempt, in any manner, to obtain the login credentials, or other security information from any other user of the Platform;
  13. use the Platform and/or Services to send unsolicited emails, messages or other types of communications (“spam”);
  14. use the Platform and/or Services in a manner that is unlawful, defamatory, libelous, harassing, harmful, fraudulent, deceptive; distributes malware; violates the security of any computer network, or cracks any passwords or security encryption codes.

3.6. OUR RIGHT TO REFUSE TO PROVIDE THE SERVICES

We may close, suspend, or limit your access to your Account, inter alia, in case of the following:
  1. if we determine that you have breached, or are acting in breach of the Terms, public contract with the Recruiter and/or public contract with the Candidate;
  2. if you violate public order and/or create a hostile environment within the Platform (e.g., if your profile photo does not meet the censorship requirements; if you post calls for violence or engage in other propaganda in the chat room; if you provide information about the Vacancies, companies, CVs that does not comply with the applicable law or these Terms, etc.);
  3. if we receive complaints confirming your unlawful use of the Platform or Services from other Users;
  4. if you underbid on any Vacancy in an attempt to renegotiate the actual price privately, as an attempt to avoid the Company Reward or otherwise avoid paying the Company Reward;
  5. if we determine that you have infringed our legal rights (resulting in actual or potential claims), including infringing intellectual property rights;
  6. if we determine that you have engaged or are engaging in fraudulent or illegal activities;
  7. if you do not respond to Account verification requests;
  8. if you are subject to the applicable sanctions regime or if our banking and payment relationships otherwise preclude us from conducting business with you;
  9. to mitigate any risk of loss to us, other Users, or any other person;
  10. for other reasons when we believe that your actions are illegal, or violate these Terms or applicable law, or may cause harm to the HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) or any other person.
Without limiting our other remedies, if you breach the Terms, you will pay any and all fees owed to us and reimburse us for all losses and expenses, as well as reasonable costs (including legal fees) associated with the investigation of such breach and the collection of such fees.
In the event that we close, suspend, or terminate your Account, you will have no claim whatsoever against us in respect of any such closure, suspension, or termination of your Account.

3.7. YOUR RIGHT TO SUBMIT COMPLAINTS

You may submit a complaint about other Users, defects in the Platform or Services, or disagreement with our decisions by contacting us at info@happ.jobs.
If you submit a complaint about our actions, the Platform, or Services, please provide confirmation for your statement. We reserve the right not to respond to unreasonable complaints.

4. ACCESS AND LICENSE

4.1. License

As long as you comply with these Terms and other rules provided to you by us, we grant you a worldwide, limited, nonexclusive, non-transferable, non-sublicensable, revocable right to access and use our Platform and Services for your benefit only solely for the internal purposes of the recruitment process of employees and contractors or for the personal purposes of finding a job as an employee or contractor, as provided in these Terms. This license does not include any right to resell Services or otherwise make the Services available for third parties.
You agree that you will not copy, reproduce, modify, create derivative works from, or distribute any part of our Platform and Services. Access to and use of the Platform and Services does not give you any ownership of or any other intellectual property interest in any part of the Platform and Services or any content, including any specific functionalities and technologies of the Platform and Services (including past, present, and future versions).

4.2. Unavailability

We use reasonable efforts to provide our Platform and Services on a permanent basis and without interruptions. Nonetheless, no web service could be completely secured from bugs and other errors. We expressly disclaim any liability with regard to the possible unavailability of the Platform or some of its functionalities.
Except for any planned or unscheduled maintenance, access to the Platform and/or Services may from time to time be unavailable, delayed, limited, or slowed due to, among other things:
  1. servers, networks, hardware failure (including your own device), telecommunication lines and connections, and other electronic and mechanical equipment;
  2. software failure, including among other things, bugs, errors, viruses, configuration problems, incompatibility of systems, utilities or applications, the operation of screening programs, unreadable codes, or irregularities within particular documents or other content;
  3. overload of system capacities;
  4. damage caused by severe weather, earthquakes, wars, insurrection, riots, civil commotion, accident, fire, water damage, explosion, mechanical breakdown or natural disasters;
  5. interruption (whether partial or total) of power supplies or other utility of service; strike or other stoppages (whether partial or total) of labor;
  6. governmental or regulatory restrictions, court decisions or other external intervention; or
  7. any other cause (whether similar or dissimilar to any of the foregoing) whatsoever beyond our control.

5. FINANCIAL CONDITIONS AND PAYMENT PROCEDURE

5.1. VACANCY CREATION FEE

In order to place a Vacancy on the Platform, the Recruiter shall pay a fee to HIRING&APPLY LLC (aka Hiring and apply, happ.jobs).

5.2. REWARD OF THE HIRING&APPLY LLC (aka Hiring and apply, happ.jobs)

The Recruiter shall provide the HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) with remuneration for the HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) Services if the Candidate is successfully sourced through the Platform, even if the recruitment takes place within one (1) calendar year from the date of discovery of the Candidate's Profile Data. The remuneration consists of a commission, which is calculated depending on the income of the Candidate (“Reward”) that provides the Recruiter with the Candidate Services for the first month under the Service Contract. If the cooperation lasts less than one (1) month, the Reward shall be calculated based on the cost of the Candidate's total remuneration under the Service Contract.
The Recruiter may request a corporate discount by contacting us at info@happ.jobs, which we will consider at our own discretion.

5.3. REWARD OF THE CANDIDATE

In the event that a Candidate provides a recommendation of a person who meets the requirements and criteria of the Vacancy and with whom the Recruiter establishes cooperation in any form (hiring, execution of a service agreement, verbal agreement, etc.), the Platform shall pay a bonus to the Candidate (“Bonus”).
The Bonus shall be calculated based on the HIRING&APPLY LLC (aka Hiring and apply, happ.jobs)’s Reward in the manner and under the conditions specified by the public contract with the Candidate placed at: https://happ.jobs/.

5.4. PAYMENT PROCEDURE AND REFUNDS

The payment order is specified in the public contract with the Recruiter placed at: https://happ.jobs/.
Please note that our Services and any other fees related to the Services are NOT refundable.

6. SERVICE CONTRACTS

  1. The Recruiter and Candidate may decide to enter into the Service Contract. The Service Contract governs the contractual relationship directly between the Recruiter and Candidate on the terms negotiated mutually by the parties.
  2. The Recruiter and Candidate have complete discretion both with regard to entering into the Service Contract and the terms of any such Service Contract. You acknowledge, agree, and understand that HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) is not a party to any Service Contract. The conclusion of the Service Contract will not, under any circumstance, create an employment or other service relationship, or a partnership or joint venture between HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) and any User.
  3. With respect to any Service Contract, the Recruiter and Candidate may enter into any written agreements that they deem appropriate (e.g., confidentiality agreements, non-compete agreements, invention assignment agreements, assignment of intellectual property rights agreements, etc.) provided that any such agreements do not conflict with, narrow, or expand HIRING&APPLY LLC (aka Hiring and apply, happ.jobs)’s rights and obligations under the Terms, public contract with the Recruiter and public contract with the Candidate.

7. RIGHTS AND OBLIGATIONS

7.1. THE USER HAS THE RIGHT TO:

  1. use the Services and the features of the Platform in accordance with these Terms and for the purposes specified herein;
  2. submit complaints about certain Accounts, our Platform or Services;
  3. receive the Bonus according to these Terms and public contract with the Candidate;
  4. provide HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) with its suggestions for improving the provision of the Services, software or marketing improvements, or any other feedback (“Feedback”). If the User provides us with any Feedback, the User agrees that all such Feedback is exclusively owned by HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) and we can use it without any restriction or compensation to you;
  5. delete the Account on terms specified herein;
  6. contact the Manager or us if necessary.

7.2. THE USER UNDERTAKES TO:

  1. notify HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) of the successful selection of the Candidate by the Recruiter and pay HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) the Reward;
  2. refrain from attempting unauthorized access to the Platform, intellectual property objects located on it, as well as from carrying out any other actions that violate the rights of HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) or third parties;
  3. not to access certain functions of the Service using the Account of another User by hacking, password selection or other illegal means;
  4. keep the Profile Data true, accurate, and complete;
  5. not to download, send, transmit or otherwise post and/or distribute content that is illegal, harmful, or that violates morality, demonstrates or promotes violence, cruelty, infringes intellectual property rights, promotes hatred and/or discrimination, insults any person or organization or otherwise violates the law;
  6. not to carry out illegal collection and processing of personal data;
  7. comply with the terms of these Terms, the Privacy Policy and applicable law.

7.3. THE HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) HAS THE RIGHT TO:

  1. request from the User and receive information necessary to activate or moderate the Account, confirm the data provided by the User or other information the HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) needs to provide its Services to the User. If any such information contains personal data, we only process it as specified in the Privacy Policy;
  2. send the Candidate’s CV and Profile Data to the Recruiter;
  3. impose restrictions on the use of the Platform by the User in accordance with these Terms;
  4. change the terms of the Terms at any time at its sole discretion;
  5. suspend access to the Platform in case of technical malfunctions or User’s violation of these Terms;
  6. receive the Reward in accordance with these Terms.

7.4. THE HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) UNDERTAKES TO:

  1. register the User on the Platform according to these Terms;
  2. notify of any material changes to the Terms as provided herein;
  3. invoice to the Recruiter for payment of the Reward as specified in these Terms and public contract with the Recruiter;
  4. provide the opportunity to use the Platform in the manner prescribed by these Terms.

8. LIABILITY AND DISPUTES

8.1. WARRANTY DISCLAIMERS

YOU USE THE PLATFORM AND SERVICES AT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OUR PLATFORM AND SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.
WE MAKE NO COMMITMENTS OR WARRANTIES ABOUT:
  1. THE CONTENT, COMPLETENESS, RELIABILITY, ACCURACY OR AVAILABILITY OF THE SERVICES;
  2. CORRESPONDENCE OF THE SERVICES TO YOUR EXPECTATIONS.
WE DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, QUALITY AND ACCURACY. WE DO NOT REPRESENT OR GUARANTEE THAT THE PLATFORM AND THE SERVICES WILL BE UNINTERRUPTED, TIMELY, COMPLETE, SECURE, OR ERROR-FREE AND DISCLAIM ANY LIABILITY RELATING THERETO.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, THAT YOU CAN POSSIBLY OBTAIN FROM US OR THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THESE TERMS. WE SHALL NOT HAVE ANY LIABILITY FOR ANY FAILURE OR DELAY RESULTING FROM ANY CONDITION OF THE SITE BEYOND OUR REASONABLE CONTROL.

8.1. LIMITATION OF LIABILITY

HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) is not liable to the User or any third parties:
  1. for the actions of Users on the Platform;
  2. for the content of the User Profiles on the Platform, its accuracy, completeness or lawfulness;
  3. for the content and legality, reliability of the information used/received by the Recruiter in the course of receiving of the Candidate Services;
  4. for any errors, omissions, interruptions, defects and delays in processing or transmission of data, failures in communication lines, destruction of any equipment, illegal access of third parties to the Platform, which caused restriction of access of the User to the Platform. HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) takes all necessary measures to eliminate any malfunctions of the Platform as soon as possible, but does not guarantee the absence of failures and errors. In this case, HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) cannot guarantee the retention of data;
  5. for any costs or losses, directly or indirectly incurred by the Recruiter or the Candidate as a result of providing the Candidate Services to the Recruiter or other interaction with the Recruiter. Under no circumstances shall HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) be liable to the Recruiter, the Candidate and/or third parties for any indirect damages, including lost profits;
  6. for the quality and timing of the Candidate Services;
  7. for any direct and (or) indirect damages, including lost profits or lost data, damage to honor, dignity or business reputation, incurred in connection with the use of the Platform by the User, or inability to use it, or unauthorized access to the User’s communications by third parties.
HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) CANNOT AND DOES NOT CONTROL THE COMPLIANCE OF THE RECRUITER AND THE CANDIDATE WITH THESE TERMS AND IS NOT LIABLE FOR ANY DAMAGE CAUSED TO THE USERS OR THIRD PARTIES IN CASE THE RECRUITER AND/OR THE CANDIDATE VIOLATE THESE TERMS OR THE APPLICABLE LAWS.
THE USER USES AT ITS OWN RISK AND IS SOLELY RESPONSIBLE FOR THE POSSIBLE CONSEQUENCES OF USING ANY INFORMATION AND (OR) MATERIALS RECEIVED USING THE PLATFORM. OTHER USERS MAY RECEIVE PERSONAL INFORMATION ABOUT THE USER WHILE USING THE SERVICES. HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) IS NOT RESPONSIBLE FOR THE USE BY OTHER USERS OR THIRD PARTIES OF ANY PERSONAL INFORMATION DISCLOSED ON THE PLATFORM BY THE USER.
HIRING&APPLY LLC (aka Hiring and apply, happ.jobs) DISCLAIMS ANY RESPONSIBILITY FOR THE ACTIONS OR OMISSIONS OF OTHER USERS (INCLUDING UNAUTHORIZED USERS) ARISING OUT OF THE USE OF THE PLATFORM OR IN ANY OTHER WAY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU IN CONNECTION WITH THE USE OF THE PLATFORM AND THE SERVICES EXCEED THE AMOUNT OF 500,00 USD. THIS LIMITATION IS CUMULATIVE AND DOES NOT DEPEND ON THE NUMBER OF CLAIMS.

8.3. GOVERNING LAW AND DISPUTE RESOLUTION

The Terms shall be governed in all respects by the laws of the United States of America.
You are solely responsible for your interactions and disputes with other Users and Visitors of the Platform.
If a dispute arises between you and us, we encourage you first to contact us at info@happ.jobs or resolve disputes using certified mediation (such as online dispute resolution processes). If a dispute cannot be resolved, the User irrevocably submits to the non-exclusive jurisdiction of the courts of the United States of America.

9. INTELLECTUAL PROPERTY

For the purposes of this clause, “Intellectual Property Rights” shall mean any and all intellectual property rights, existing worldwide and the subject matter of such rights, including: (a) patents, copyright, rights in circuit layouts (or similar rights), registered designs, registered and unregistered trademarks, and any right to have confidential information kept confidential; and (b) any application or right to apply for registration of any of the rights referred to in paragraph (a), whether or not such rights are registered or capable of being registered and whether existing under any laws, at common law or in equity.
All content, design, graphics, combinations, translation, digital conversion and other materials related to the Services are protected under applicable copyright, trademark and property laws (including but not limited to, the Intellectual Property Rights) and are owned by the Company. Copying, redistributing, or publishing of any part of the Platform, unless expressly provided by the Terms, is strictly prohibited. Use of the Services does not grant intellectual property rights to content, documents or other materials that can be accessed. The posting of information or materials on the Platform does not constitute a waiver of any rights to such information or materials.

10. OTHER PROVISIONS

10.1. Entire Agreement and Severability

Any rules, policies and notices that are related and may arise under these Terms and posted on the Platform are an integral part of the Terms. The text of the Terms is open and publicly available. These Terms are concluded for an indefinite period and apply to the User who gains access to the Platform and uses the Services, on the date of such access and use.
Failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision. If any part of these Terms is found to be unenforceable, then that part will not affect the enforceability of the remaining parts of the Terms, which will remain in full force and effect.

10.2. Assignment

You may not assign or transfer these Terms and any associated rights or obligations, or remedy hereunder without our prior consent. We may freely assign these Terms or subcontract our obligations without restriction.

10.3. Indemnification

You use the Platform and Services at your own risk and for your sole responsibility. You agree to fully indemnify, defend and hold us and our affiliates, partners, officers, directors, agents, contractors, licensors, service providers, and employees harmless from and against any claim, demand, damages, judgments or liability, losses, costs, including reasonable attorneys' fees, arising out of or relating to your use of the Platform and Services or any violation of these Terms or applicable law.

11. How to Contact Us?

Should you have any questions or complaints concerning these Terms, the Platform or Services, please contact us on info@happ.jobs