Candidate Terms of Service

1.1. Welcome to HireUp

Welcome to HireUp, a recruitment marketplace designed to connect talented individuals with exciting career opportunities. Our platform facilitates introductions between Candidates, Recruiters, and Employers to streamline the hiring process.

1.2. The Agreement

These Terms, along with our Privacy Policy, constitute a legally binding agreement between you ("You," "Your," or "Candidate") and HireUp ("HireUp," "we," "us," or "our"). This agreement governs your use of our Service. The primary purpose of this agreement is to define the rights and obligations of all users, prevent abuse, and limit our legal liability.

1.3. Acceptance of Terms

By clicking "Join Now," "Sign Up," "Apply Now," or a similar button, or by registering for, accessing, or using our Platform, you acknowledge that you have read, understood, and agree to be bound by these Terms and our Privacy Policy and are entering into a legally binding contract with HireUp. If you do not agree to these Terms, do not apply for a position or otherwise use any of our services. You can terminate this contract at any time by closing your account.

1.4. Definitions

2.1. Our Role as an Intermediary

HireUp provides a technology platform that acts as a recruitment marketplace, connecting Candidates with Recruiters and Employers. It is crucial to understand that HireUp is not an employer or a traditional employment agency. We do not make hiring decisions, and any employment agreement you enter into with an Employer is solely between you and that Employer. Our role is limited to facilitating these connections and providing related services as described in these Terms.

2.2. The Recruitment Process

Our Platform operates on an affiliate model. A Recruiter may share a unique link with you for a specific job vacancy. When you apply through this link, you will be prompted to create a profile on the HireUp Platform. Your profile and application details will then be accessible to the Recruiter who referred you and the potential Employer for that vacancy. This process is designed to manage user expectations and provide a clear pathway from application to potential employment.

2.3. Vetting and Assessment Services

As part of our service to Employers, HireUp may conduct initial screening and vetting of Candidates. This can include, but is not limited to:

• Reviewing your resume and application materials.
• Conducting preliminary interviews (which may be recorded).
• Administering skills-based or psychometric assessments.
• Facilitating third-party background and reference checks, including criminal record checks, with your explicit consent.

These services are performed by HireUp on behalf of Employers to help them evaluate your suitability for a role. The results of these assessments will be shared with the relevant Recruiter and Employer.

3.1. Service Eligibility

To use the Platform, you represent and warrant that you: (a) are at least 18 years of age, or the "Minimum Age" required by the laws of your jurisdiction to use such services without parental consent, whichever is older; and (b) have the full legal right, power, and authority to enter into and comply with these Terms. The Platform is not for use by anyone under the age of 16.

3.2. Account Security

You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password. You agree not to disclose your password to any third party. You must notify HireUp immediately upon becoming aware of any breach of security or unauthorized use of your account.

3.3. Candidate Conduct and Prohibited Uses

You agree not to use the Service for any unlawful purpose or in any way that could harm HireUp, its service providers, its affiliates, or any other person. You are strictly prohibited from:

• Providing any false, inaccurate, or misleading information in your profile, resume, communications, or during any part of the application and interview process.
• Misrepresenting your identity, qualifications, skills, or work history.
• Uploading or transmitting any material that is defamatory, obscene, fraudulent, abusive, or otherwise objectionable.
• Infringing upon the intellectual property rights, privacy rights, or other rights of any third party.
• Using any automated system, such as "bots," "spiders," or "scrapers," to access, monitor, or copy any part of our Service without our prior written permission.
• Attempting to interfere with, compromise the system integrity or security of, or decipher any transmissions to or from the servers running the Service.
• Bypassing the Platform to engage directly with an Employer to whom you were introduced via the Platform for a period of twelve (12) months following the introduction, in an attempt to circumvent any fees owed to a Recruiter or HireUp; or circumvent the hiring process. This is essential to protect the integrity of our marketplace and ensure our partners are fairly compensated for their work. Violation of these rules may lead to the suspension or termination of your account or legal action at our sole discretion.

4.1. Your Content

You retain all ownership rights to the information and materials you submit to the Platform, including your resume, cover letter, portfolio, and any other personal or professional data ("User-Generated Content" or "UGC").

4.2. License Granted to HireUp

By submitting UGC to the Service, you grant HireUp a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly perform, publicly display, and distribute such content. This license is for the limited purpose of operating, promoting, and improving the Service and to develop new ones. This includes sharing your UGC with Recruiters and potential Employers for recruitment purposes. You represent and warrant that you have the necessary rights to grant us this license for any UGC you submit.

4.3. HireUp's Intellectual Property

The Service and its original content (excluding UGC), features, and functionality are and will remain the exclusive property of HireUp and its licensors. Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of HireUp. You agree not to copy, modify, or create derivative works based on our Platform or any of our intellectual property.

Your privacy is critically important to us. Our Privacy Policy, which is incorporated by reference into these Terms, details how we collect, use, store, and disclose your personal information. Please review it carefully.

5.1. Consent to Data Processing

By using the Service, you expressly consent to the collection, use, processing, and transfer of your personal data as described in our Privacy Policy. This processing is necessary for us to provide the Service, which includes:

• Sharing your profile, resume, and application materials with Recruiters and potential Employers.
• Recording and analysing interviews or assessments conducted through the Platform.
• Communicating with you about your application status and potential job opportunities.

5.2. Consent for Sensitive Information and Background Checks

Certain job applications may require background checks (e.g., criminal, credit) or the collection of "special personal information" as defined by applicable laws like the GDPR and POPIA (e.g., information about race or ethnic origin, health). Where such information is required, we will obtain your separate, explicit, and informed consent before collecting this data or initiating any such checks through our third-party service providers. You are under no obligation to provide this consent, but a refusal may affect your eligibility for certain positions.

5.3. International Data Transfers

HireUp operates on a global basis. As such, your personal data may be transferred to, and stored at, a destination outside of your country of residence, where data protection laws may differ. We take all steps reasonably necessary to ensure that your data is treated securely and in accordance with our Privacy Policy and applicable laws, such as the GDPR and POPIA.

Table 1: Summary of Data Processing Activities and Your Consents

6.1. No Guarantee of Employment

HireUp provides a platform to facilitate connections but does not guarantee that using our Service will result in a job offer or employment. The hiring decisions are made solely by the Employers, and we are not a party to any employment agreement you may enter into with them. We are not responsible for the terms and conditions of any job offer, the accuracy of job descriptions, or the conduct of Employers or Recruiters.

6.2. Disclaimer of Warranties

6.3. Limitation of Liability

6.4. Indemnification

You agree to defend, indemnify, and hold harmless HireUp, its affiliates, licensors, and service providers, and its and their respective officers, directors, employees, contractors, agents, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your violation of these Terms or your use of the Service, including, but not limited to, your User-Generated Content, any use of the Service's content, services, and products other than as expressly authorized in these Terms.

7.1. Termination by You

You may terminate your agreement with HireUp at any time by deactivating your account and discontinuing your use of the Service. To delete your account please email support@hireup.pro

7.2. Termination by HireUp

We reserve the right, in our sole discretion, to suspend, restrict, or terminate your account and your access to all or any part of the Service at any time and for any reason without prior notice or liability. Reasons for termination may include, but are not limited to, a breach of these Terms, providing false information, or engaging in conduct that we deem harmful to our platform or other users.

7.3. Effect of Termination

Upon termination of your account, your right to use the Service will immediately cease. We may, at our discretion, delete your account and all associated data. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.

8.1. Governing Law

These Terms of Service and any dispute or claim arising out of or in connection with them shall be governed by and construed in accordance with the laws of the Republic of South Africa, without giving effect to any choice or conflict of law provision or rule.

8.2. Dispute Resolution

We are committed to resolving disputes with you amicably and efficiently.

8.3. Class Action Waiver

All claims must be brought in the parties' individual capacity, and not as a plaintiff or class member in any purported class action, collective action, private attorney general action, or other representative proceeding. This waiver applies to class arbitration, and, unless we agree otherwise, the arbitrator may not consolidate more than one person's claims. You agree that, by entering into these Terms, you and HireUp are each waiving the right to a trial by jury or to participate in a class action.

9.1. Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire and exclusive understanding and agreement between HireUp and you regarding the Service, and these Terms supersede and replace any and all prior oral or written understandings or agreements between HireUp and you regarding the Service.

9.2. Severability

If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect.

9.3. No Waiver

The failure of HireUp to enforce any right or provision of these Terms will not be deemed a waiver of such right or provision.

9.4. Assignment

You may not assign or transfer this Agreement, by operation of law or otherwise, without HireUp's prior written consent. Any attempt by you to assign or transfer this Agreement, without such consent, will be null and of no effect. HireUp may freely assign or transfer this Agreement without restriction.

9.5. Changes to Terms

We reserve the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material, we will provide at least 30 days' notice prior to any new terms taking effect, which may be provided via email or by posting a notice on our website. What constitutes a material change will be determined at our sole discretion. By continuing to access or use our Service after those revisions become effective, you agree to be bound by the revised terms.

9.6. Contact Information

If you have any questions about these Terms, please contact us at:

Email: support@hireup.com