Terms & Conditions
09-09-2024
Definitions
1.1 Platform: Refers to https://hashhire.io and including any content, functionality and services offered on or through https://hashhire.io
1.2 Company, We, or Us: Refers to ReferReach Pte Ltd, the owner and operator of the Platform.
1.3 Service: Refers to the services provided on the Platform.
1.4 You: Refers to any individual or organisation that registers to use the Platform.
1.5 Employer: Any company or organization using the Platform to recruit Candidates.
1.6 Employment Opportunity: Refers to any permanent, fixed-term, temporary or freelance job offer and any assignment offer posted on the Platform by an Employer.
1.7 Candidate: A person referred to an Employer by You through the Platform.
1.8 Guarantee Period: Refers to the period beginning on the first day a Candidate You referred starts working for the Employer, during which you guarantee the Company one (1) replacement candidate at no cost, in the event that the Candidate leaves or is terminated for any reason within the Guarantee Period. The duration of this period is indicated in the Employment Opportunity.
1.9 Ownership Period: Refers to a twelve (12) month period beginning on the date you make a referral for a particular Employment Opportunity, during which you have the right to represent the Candidate you referred and are eligible for a Referral Reward.
1.10 Platform Usage Fee: Fee paid by Employer to Platform upon the successful placement of a Candidate with a Employer.
1.11 Referral Reward: Refers to the reward to You for the successful placement of a Candidate referred by You to an Employer. The reward is indicated in the Employment Opportunity.
1.12 Payment Term: Refers to the window in which You will receive your Referral Reward. We are only liable to pay you if we receive the Platform Usage Fee from the Employer for the Candidate you referred. The term is indicated in the Employment Opportunity.
1.13 Agreement: This Terms of Service, along with any referenced documents, constitute a legally binding agreement between You and Company.
Acceptance of the Terms of Use
2.1 These terms of use are entered into by and between You and Company. The following Agreement governs your access to and use of the Platform, whether as a guest or a registered user.
2.2 Please read the Terms of Use carefully before you start to use the Platform. By using the Platform, you accept and agree to be bound and abide by these Terms of Use and our Privacy Policy, found at https://hashhire.io/tnc-recruiter, incorporated herein by reference. If you do not want to agree to these Terms of Use or the Privacy Policy, you must not access or use the Platform.
2.3 You agree that your use of the Platform and the Services is subject to all applicable local, state and federal laws and regulations. You also agree:
2.3.1 not to use the Platform or the Services or submit content to the Platform if you are under the age of 18;
2.3.2 not to access the Platform using a third-party's account/registration without the express consent of the account holder;
2.3.3 not to use the Platform or the Services for illegal purposes;
2.3.4 not to use the Platform or Services to engage in commercial activities, except those activities contemplated by the Services;
2.3.5 not to copy any content from the Platform for republication in print or online;
2.3.6 not to attempt to gain unauthorized access to other computer systems from or through the Platform or the Services;
2.3.7 not to interfere with another person's use and enjoyment of the Platform or the Services or another entity's use and enjoyment of the Platform or the Services;
2.3.8 not to use robots, spiders or any other automatic device to copy, transmit or use in any form the content of the Platform, including resumes, posted jobs, profiles of candidates seeking Employment Opportunities, or any other pages or content on the Platform;
2.3.9 not to upload obscene or pornographic material;
2.3.10 not to upload or transmit viruses or other harmful, disruptive or destructive files; and/or
2.3.11 not to disrupt, interfere with, or otherwise harm or violate the security of the Platform or the Services, or any system resources, accounts, user IDs, passwords, servers or networks connected to or accessible through the Platform or affiliated or linked sites (including those of our partners).
Changes to the Terms of Use
3.1 We may revise and update these Terms of Use from time to time in our sole discretion. All changes are effective immediately when we post them, and apply to all access to and use of the Platform thereafter. However, any changes to the dispute resolution provisions set forth in Governing Law and Jurisdiction will not apply to any disputes for which the parties have actual notice on or prior to the date the change is posted on the Platform.
3.2 Your continued use of the Platform following the posting of revised Terms of Use means that you accept and agree to the changes. You are expected to check this page frequently so you are aware of any changes, as they are binding on you.
Accessing the Platform
4.1 We reserve the right to withdraw or amend this Platform, and any service or material we provide on the Platform, in our sole discretion without notice.
4.2 We will not be liable if for any reason all or any part of the Platform is unavailable at any time or for any period. From time to time, we may restrict access to some parts of the Platform, or the entire Platform, to You.
4.3 To access the Platform or some of the resources it offers, you may be asked to provide certain registration details or other information. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current and complete.
Description of Service for You:
5.1 Receive highly detailed and automatically updated job descriptions
5.2 Access activity statistics for each job and for the Client, in real time
5.3 Refer Candidates and their profit on the Platform
5.4 Access a management interface for favourite jobs and recommended applications
5.5 Be informed of the status of the proposed candidates in real time
Additional Rules for Using the Services
6.1 If you have an existing, documented, relationship with an Employer that uses the Services, you can continue to work offline with that Employer or you can work through our Services, subject to our Terms of Service. The Terms of Service prohibit bringing new business developed through our Service offline and anyone attempting to violate this policy will be immediately removed and denied access to the Service, and in addition we may pursue all other legal remedies available to us.
6.2 If you intend to refer Candidates and earn the Referral Reward, please make sure you have spoken with all candidates you are referring and have his/her consent in writing to refer him or her for an Employment Opportunity.
6.3 We will never be required to pay more than one Referral Reward for the same candidate placement or the same Employment Opportunity. In the event of a duplicate Candidate by another party (i.e., when the same candidate is submitted by two parties), we will look at time stamp (date and time when the candidate is referred by each party as per our records) as well as documented proof that each party had the candidate’s consent in writing prior to introducing him / her. Only the party first referring the Candidate with the Candidate’s permission will be awarded the Referral Reward.
6.4 Candidates who have applied to an Employer outside of the Services within the three (3) months prior to the date the Employer receives a referral from you will be considered as already being in the Employer's database. If the Employer hires such a Candidate who has previously applied directly or was referred by someone else outside of the Services, the Employer will not be required to pay any Platform Usage Fee, and we will not owe you any Referral Reward for that Candidate.
6.5 You are solely responsible for any taxes to be paid, which are levied on their receipt of a Referral Reward or any portion thereof.
6.6 In the event where multiple referrals are involved in a referral chain that ultimately led to your referral of a Candidate to the Client through our Platform, it will be your sole discretion to divide the Referral Reward among those involved in the chain. The Referral Reward will be paid out exclusively to You, and any further distribution is your responsibility.
Refund Policy
7.1 Should no suitable replacement be found within the Guarantee Period, You shall issue a refund in cash, in the same currency as the Referral Reward payment, to the Company within 30 days of receiving the refund notice in writing. The refund amount depends on the dates on which the original referred Candidate's employment terminates. The refund schedule is indicated in the Employment Opportunity.
Role of Company in the Process of Providing the Service
8.1 The Company, in its jurisdiction, will follow and provide reasonable support during the recruitment process of the Candidates and absolute confidentiality for the parties.
8.2 The Company will not participate in the selection process nor will not be biased for any recruiter or Client. The Company will also not participate in the platform to compete with You.
8.3 The Company is only the provider of the Platform for You and Client to connect with each other, for each case that Client successfully recruits Candidates through the Platform, the Company will collect Platform Usage Fee in accordance with this Agreement and other related Agreements.
Intellectual Property Rights
9.1 The Company retains exclusive ownership of all rights, titles, and interests, including all intellectual property rights related to the Service and any suggestions, ideas, enhancement requests, feedback, recommendations, or other information provided by you or any other party concerning the Service. These Terms of Use do not constitute a sale and do not grant you any ownership rights in or related to the Service, the Company's name, logo, software, or application, which are part of the Company's brand. No rights or licenses are granted to you for their use.
9.2 You are required to keep all information and data related to the Company, its services, products, business activities, marketing and promotion plans, or other activities confidential. This includes any information directly or indirectly disclosed to you by the Company or its affiliates, or information created during the signing of this Agreement. You further agree to use such confidential information solely for the purpose of using the Services and not to disclose it to any third party or use it for any other purpose without the Company’s written consent.
9.3 You are prohibited from displaying the Client's logo and name on any media without the Company’s permission.
9.4 The above confidentiality obligations do not apply if the information falls into one of the following categories:
9.4.1 The information was owned by You at the time of receiving the information;
9.4.2 Is, or becomes in the future, universal information that is not your fault or mistake;
9.4.3 Has been received by a third party with the right to disclose them; or
9.4.4 Must disclose in accordance with the law.
Limitation on Liability
10.1 TO THE FULLEST EXTENT PROVIDED BY LAW, IN NO EVENT WILL THE COMPANY, ITS AFFILIATES OR THEIR LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS OR DIRECTORS BE LIABLE FOR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, THE PLATFORM, ANY WEBSITES LINKED TO IT, ANY CONTENT ON THE PLATFORM OR SUCH OTHER WEBSITES OR ANY SERVICES OR ITEMS OBTAINED THROUGH THE PLATFORM OR SUCH OTHER WEBSITES, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT OR OTHERWISE, EVEN IF FORESEEABLE.
10.2 THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
Indemnification
11.1 You agree to indemnify, defend and hold us and our directors, officers, agents, contractors, partners and employees, harmless from and against any loss, liability, claim, or demand, including reasonable attorneys' fees, arising out of or related to:
11.1.1 your breach of any representations or warranties made by you hereunder or your breach of any term of this Agreement;
11.1.2 your use of the Services or the Platform in violation of this Agreement; or
11.1.3 your violation of any law or the rights of a third party.
11.2 You hereby agree not to sue, assist in or be a voluntary party to assist in or be a voluntary party to, except as required by law, any action, suit, or proceeding against us for any claims, actions, suits, damages, liability, losses or expenses of whatever kind or however arising out of or relating to your use of the Platform or the Services.
Force Majeure
12.1 The Company may not be held responsible for the non-fulfilment of their obligations under the Agreement, if this non-performance is due to force majeure.
12.2 The obligations thus suspended will be executed again as soon as the effects of the causes of non-performance will have ended, within a time frame that will depend on the availability at the time.
Dispute Settlement Mechanism
13.1 All disputes and complaints related to the transactions on the Platform between Client and You will be settled personally by the two parties.
13.2 All disputes arising between You and the Company will be settled on the basis of negotiation. In case no agreement is reached as expected, either party has the right to bring the case to the competent State's Court of Singapore for settlement.
13.3 The Company will not be responsible for any case related to the case that You have not deleted the contact information of the Candidate in the profile posted to the Platform.
13.4 Profile Candidates submitted by You through the Platform will be notified to the Candidate and need their permission before being transferred to the company. If the Company receives notice from the Candidate that they have never allowed You to represent them, the Company will have the right to stop all Your activities on the system to ensure privacy for all individuals.
Termination
14.1 You or the Company may terminate this Agreement and your access to the Service upon 14 day’s written notice without justification, by simple mail or email.
14.2 In the case of non-compliance with the Agreement by You, the Company may terminate your registration unilaterally and without delay, by simple electronic notification, without prejudice to any damages that the Company could claim in repair of the breach.
14.3 In addition to the cases for termination mentioned above, the Company reserves the right to discontinue your access to the Service and Platform, if you constitute a danger to the maintenance of the security of the Company’s hosting platform, particularly in the case of hacking of the Platform, the detection of a flaw in the security of the system.
Severance
15.1 If any provision of this agreement is held to be invalid or unenforceable by any judicial or other competent authority, all other provisions of this agreement will remain in full force and effect and will not in any way be impaired.
15.2 If any provision of this agreement is held to be invalid or unenforceable but would be valid or enforceable if some part of the provision were deleted, the provision in question will apply with the minimum modifications necessary to make it valid and enforceable.
Entire Agreement
16.1 This agreement constitutes the entire agreement between You and the Company and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between them, whether written or oral, relating to its subject matter.
Governing Law
17.1 This agreement and any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with it or its subject matter or formation will be governed by and interpreted in accordance with the laws of Singapore.
17.2 You and the Company irrevocably agree that the courts of Singapore have exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) that arises out of, or in connection with, this agreement or its subject matter or formation.