Your use of the Technology is subject to the following terms and conditions:
Assessment means questions or tasks that a Candidate is invited to perform by an Employer, and includes such items titled “Interview”, “Talent Trial”, Talent Showcase”, “Skills Assessment” or similar.
Assessment Content means any content posted to the Site by Authors or Employers, that is intended for use by Employers for the Assessment of Candidates, including any content titled “Interview Script”, “Talent Trial Content”, “Talent Showcase Content”, “Skills Assessment Content” or similar .
Assessment Response means any content created by a Candidate when undertaking an Assessment, and includes any content titled “Interview Response”, “Talent Trial Response”, “Talent Showcase Response”, “Skills Assessment Response” or similar.
Author means any person using the Site to create Assessment Content (and who is not an Employer).
Candidate means any person using the Site for the purposes of undertaking an Assessment.
Employer means any person using the Technology for the Assessment of Candidates.
Fully Used means that Assessment Content has been selected by an Employer, the Employer has requested a Candidate to complete the Assessment, and the Employer has viewed the Candidate’s Assessment Response.
Order Form means a customer-specific Order Form contained in any Service Agreement.
Posted Content means any content posted or uploaded to the Site by a User, including Assessment Responses, Assessment Content, Author profiles, Candidate profiles, Employer profiles, Employer role requirements and preferences, and such content may be in the form of data, videos, photos, documents, files, comments and other materials.
Site means vervoe.com and includes all future services, features or variations provided by us at vervoe.com.
User means any individual or business user of the Site, including Authors, Employers and Candidates, and includes you.
We or Vervoe means Vervoe Pty Ltd, (ABN 71 606 136 412), and its wholly owned subsidiary Vervoe Inc., a Delaware company, and ‘us’, ‘our’ or any other similar word has the corresponding meaning in relation to Vervoe Pty Ltd or Vervoe Inc.
You means you or any legal entity that you represent, when you become a User of the Site, and ‘your’ or any other similar word has the corresponding meaning in relation to you.
(i) when you registered as a User on the Site and checked the ‘I agree’ option during registration; or
(ii) when you signed a Service Agreement,
(c) If you are using the Technology on behalf of a legal entity, you acknowledge that your registration on the Site, or signing of a Service Agreement (as applicable), binds the legal entity that you represent, and you warrant that you have the authority to enter into contracts on behalf of, and to bind, the legal entity that you represent.
(d) You consent to and allow Vervoe to use your company name and/or logo in any promotional material or on the Site itself, provided Vervoe’s representation is accurate and not misleading. You may request that Vervoe cease any such use, and such request must be made in writing.
3. User Eligibility
(a) If you are an individual User you must register using the same name that you use in everyday life, and provide accurate information about yourself. If you register as a User as an Employer or on behalf of an Employer, you must register using the company name you are representing.
(b) Vervoe does not knowingly accept User registrations from any individual under the age of 15 years. If you register as an individual User, you represent and warrant to us that you are at least 15 years of age and, if you are seeking paid employment, you are of legal age to undertake the role for which you are applying.
(c) It is your responsibility to ensure that your access of the Site is legal and is not in breach of any laws that apply to you.
(d) Your account belongs to you, and is for your use only. You must not authorise or cause any other person to use your account, and you must not transfer your account to anyone else.
4. Intellectual Property
All intellectual property in the Technology (that may include, either now or in the future, Vervoe’s compatibility evaluation system) is owned and retained by Vervoe. You must not copy, reproduce, modify, distribute or create derivative works from (or attempt to do any of those) any intellectual property of Vervoe.
5. Posted Content
(a) Once you are registered as a User, you are able to upload Posted Content to the Site.
(b) You are solely responsible for your Posted Content, and assume all liability in relation to it. You must ensure that:
(i) your Posted Content is bona fide, true, accurate, correct and is not misleading;
(ii) your Posted Content is not rude, offensive, racist, inappropriate, and does not contain material that is contrary to any law applicable to you; and
(d) When you upload Posted Content, you automatically grant Vervoe an exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, adapt and publish the content in that Posted Content, including a right to sub-licence as necessary for Vervoe to provide and maintain the Technology. You waive any moral rights you may have in the Posted Content.
6. Security of Information, Retention and Privacy
(d) Vervoe will retain data in line with any data retention provision included in your Subscription level or Service Agreement (as applicable).
7. Candidates – Particular Terms
If you are a Candidate, the following additional terms apply to you:
(a) You agree that the information you provide may be supplied to Employers.
(b) You acknowledge and agree that we may search and assess your Posted Content in connection with us providing and maintaining the Technology. You may be contacted by Employers regarding Assessments and or job opportunities.
(c) You represent and warrant that any Assessment Responses are created in good faith, and represent your own work. You must not infringe the intellectual property, copyright or moral rights of any other person during the creation of a Assessment Response.
(d) You acknowledge and agree that Vervoe does not, at any stage and notwithstanding the provision of the Site, make any representation, warranty or guarantee, express or implied, that jobs are available, that you will receive job offers, or that you will be contacted by Employers. You also acknowledge and agree that Vervoe does not make any representation, warranty or guarantee, express or implied, as to the actual suitability of any jobs offered by Employers to you.
8. Employers – Particular Terms
If you are an Employer, the following additional terms apply to you:
(a) You must only use the Technology to undertake Assessment of Candidates for bona fide reasons (including actual employment opportunities or to enable job-readiness).
(b) Vervoe may, at its sole discretion, restrict the number of Candidates you invite to the Site should Vervoe deem your use of the Site to be unreasonably excessive.
(c) Unless otherwise agreed with Vervoe, you must only create one account (your own).
(d) You must not use the Technology to undertake Assessment of Candidates for any jobs which are unlawful, offensive, discriminatory or inappropriate, including but not limited to jobs with conditions that do not meet award conditions in the relevant jurisdiction or jobs involving unsafe working conditions.
(e) You acknowledge that you may be provided with personal details of Candidates (as provided to us through the Site). You must only use such details for their intended purpose, and for no other purpose whatsoever. You must not send advertisements, bulk email communications or any other ‘spam’ communications.
(f) You acknowledge and agree that Vervoe does not, at any stage and notwithstanding the provision of the Technology, make any representation, warranty or guarantee, express or implied, that Candidates are available, that Candidates will meet your requirements, or that Assessment Content or Assessment Responses will meet your requirements. You also acknowledge and agree that Vervoe does not make any representation, warranty or guarantee, express or implied, as to the actual suitability of any Candidates for the jobs you have available.
(g) Online subscription provisions
(i) If you registered to use the Technology on the Site, you are subject to a online subscription (Subscription).
(ii) Different Subscription levels are available, that entitle Employers to a different number of hires, active jobs each month, user seats and/or different functionality. You are entitled to the specific inclusion listed on the Site for the Subscription package chosen by you.
(iii) Subscriptions may be monthly, yearly, or any other period as specified on the Site, and will renew automatically at the conclusion of each Subscription period unless otherwise specified.
(iv) If your Subscription is a paid plan, the credit card provided by you will be charged for the amount of your chosen Subscription level in advance for your chosen Subscription period. It is your responsibility to ensure your credit card details provided remain current.
(v) You have the right to upgrade, downgrade, or cancel, your Subscription at any time. If you cancel, your Subscription will terminate at the end of the current Subscription period, but you will not be entitled to any credits or refunds for amounts accrued or paid prior to such termination.
(vi) Vervoe has the right to immediately suspend or terminate your Subscription if you fail to pay an amount when due. Despite any suspension or termination, you will remain liable for any amounts due prior to the date of suspension or termination.
(h) Service Agreement provisions
(i) If you have signed a Service Agreement with Vervoe, the Online Subscription provisions in clause 8(g) do not apply to you.
(ii) Payments are due at the billing frequency, and by the due date, specified in the Payment Terms section of the Order Form. If no such terms are specified, full payment of each invoice issued by Vervoe is due by 30 days following the issue date of the invoice.
(iii) You are liable for the full amount specified in the Order Form, for the full usage term specified in the Order Form.
(iv) Except in the case of Vervoe’s fraud or gross negligence, you do not have the right to terminate the Service Agreement prior to the expiry of the usage term.
(i) All payments are in US dollars (USD). If you are accessing the Site from Australia, GST will be added to your subscription price.
(j) Late payments
(i) Failure to make any payment when due will result in interest accruing on the outstanding amount at a penalty interest rate.
(ii) In addition to any accrued interest, you agree to reimburse us the fees of any collection agency, which may be based on a percentage (to a maximum of 50%) of the debt, and all costs and expenses, including reasonable attorney’s fees, we incur in such collections efforts.
9. Authors – Particular Terms
If you are an Author, the following additional terms apply to you:
(a) You represent and warrant that you have expertise in the subject matter for which you contribute Assessment Content.
(b) You represent and warrant that you authored the Assessment Content you have posted, and that you have the rights to publish and provide such content to third parties. You must not infringe the intellectual property, copyright or moral rights of any other person in publishing any Assessment Content.
(c) Vervoe will attribute authorship of Assessment Content that you create to you on the Site. By posting any Assessment Content on the Site, you automatically grant Vervoe an exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, adapt and publish the content in that Assessment Content, including a right to sub-licence as necessary for Vervoe to provide and maintain the Site. You waive any moral rights you may have in the Assessment Content.
(d) You may be entitled to receive payment for any Assessment Content that is Fully Used by Employers. The amount payable will depend on, among other things, the applicable subscription level of the Employer, and the proportion of that Employer’s Fully Used Assessment Content that your Assessment Content represents. Vervoe may apply caps to the amount payable based on the usage of each Employer or the Assessment Content itself.
10. Authorised Use of the Site
(a) You may only use the Technology for lawful purposes, and in a manner consistent with the nature and purpose of the Site.
(b) Unauthorised use of the Technology may be a criminal offence and/or give rise to a claim for damages.
(c) You must not, under any circumstances without our prior written consent, on-sell or distribute for payment any information which is made available to you through the Technology.
11. Limitation of Liability and Exclusion of Warranties
(a) Vervoe provides the Technology on an ‘as is’ basis, and to the maximum extent permitted by law, all rights, remedies, warranties and guarantees in relation to the Technology are excluded, whether such rights, remedies, warranties or guarantees are express or implied.
(b) Vervoe has no control over, and does not independently verify, Posted Content, the quality of Candidates, Authors, Assessment Content, Assessment Responses, or jobs offered by Employers, and does not approve or monitor any communications between Employers and Candidates made through the Site. Use of the Site and any communications or appointments made through the Site are therefore entirely at your own risk.
(c) To the maximum extent permitted by law, Vervoe excludes all liability to you for any action taken, or decision made, by you or any other person on the basis of information provided on the Technology, and Vervoe will not be responsible for any loss or damage howsoever caused (including through negligence) suffered or incurred by you in relation to your use of the Technology.
(d) To the extent that Vervoe’s liability in respect of the provision of the Technology cannot be excluded, then Vervoe’s liability to you is limited to supplying the relevant services used on the Site again or paying the cost for a third party to supply the relevant services (at Vervoe’s discretion).
(e) To the maximum extent permitted by law, Vervoe will not be liable to you for any indirect, consequential or economic loss (including loss of profit, revenue, contract, opportunity, business, use or anticipated savings) under any circumstances in relation to your use of the Technology.
(f) Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
12. Vervoe’s Rights
(b) We also reserve the right to remove, block or prevent from being visible any of your Posted Content, at any time and without compensation.
13. Terms subject to change
14. Governing Law