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Terms of Service
9 months ago

Terms of Service

Version 1.2, Revision 6


Introduction

Thanks for using Rooster! Our mission is to connect progressive businesses with the right talent, enabling more efficient and transparent hiring that lets recruiters track & manage CVs with great workflow, always keeping candidates in the loop, with the help of automation and technology.

These terms of service (“Terms”) cover your use and access to our services offered at Rooster’s websites (https://app.rooster.jobs, https://rooster.jobs or https://business.rooster.jobs), software and services (“Services” or “Rooster Services”). Your agreement is with Paladin Analytics (Pvt) Ltd. Our Privacy Policy explains how we collect and use your information while our GDPR outlines our compliancy with the General Data Protection Regulation (GDPR) by the European Union (EU).

By using our Services, you’re agreeing to be bound by these Terms and our Privacy Policy. You indicate your agreement to these Terms by clicking or tapping on a button indicating your acceptance of these Terms, by executing a document that references them, or by using the Services.

By signing up for the Services on behalf of an organisation, you confirm that (a) you are duly authorized to represent the entity, (b) you accept the Terms on behalf of such entity, and (c) any references to “you” in these Terms refer to such entity and all of its employees, consultants and agents. You are responsible for all activity on the Services that occurs under your account.

  1. Your Data & Your permissions

    1.1. Ownership of Your Data.
    When you use our Services, you provide us with things like your files, content, messages, contacts, and so on (“Your Data”). Your Data is yours. You retain ownership of all of your intellectual property rights in Your Data. Rooster does not claim ownership over any of Your Data. These Terms do not grant us any licenses or rights to Your Data except for the limited rights needed for us to provide the Services, and as otherwise described in these Terms.

    1.2. Limited License to Your Data.
    We need your permission to do things like hosting Your Data, backing it up, and sharing it when you ask us to. Our Services also provide you with features like commenting, sharing, searching, document previews, easy sorting and organisation, and personalisation to help reduce busywork. To provide these and other features, you grant Rooster a worldwide, royalty free license to use, reproduce, distribute, modify, adapt, create derivative works, make publicly available, and otherwise exploit Your Data, but only for the limited purposes of providing the Services to you and as otherwise permitted by the Rooster privacy policies. This license for such limited purposes continues even after you stop using our Services, with respect to aggregate and de-identified data derived from your Content and any residual backup copies of your Content made in the ordinary course of Rooster’s business. This license also extends to any trusted third parties we work with to the extent necessary to provide the Services to you. If you provide Rooster with feedback about the Services, we may use your feedback without any obligation to you.

    1.3. Customer Lists.
    Rooster may identify you (by name and logo) as a Rooster Services customer on Rooster’s website and on other promotional materials. Any goodwill arising from the use of your name and logo will inure to your benefit.

    1.4. Copyright.
    We respect the intellectual property of others and ask that you do, too. Paladin Analytics (Pvt) Ltd responds to notices of alleged copyright infringement in accordance with the Intellectual Property Act, No. 36 of 2003, Sri Lanka, and we reserve the right to delete or disable content alleged to be infringing and terminate accounts of repeat infringers. If you believe that Your Data has been exploited in a way that constitutes copyright infringement, you may notify Rooster’s agent for claims of copyright infringement. Copyright Agent Paladin Analytics (Pvt) Ltd. No. 300 Rajagiriya Rd Colombo, 10107 Western Province Sri Lanka [email protected]
  2. Acceptable Use Policy

    2.1. User Content.
    The Services display content provided by others that is not owned by Rooster. Such content is the sole responsibility of the entity that makes it available. Correspondingly, you are responsible for your own Content and you must ensure that you have all the rights and permissions needed to use that Content in connection with the Services. Rooster is not responsible for any actions you take with respect to your Content, including sharing it publicly. You agree not to misuse our Services or help anyone else to do so.

    For example, you must not even try to do any of the following in connection with the Services:
    • probe, scan, or test the vulnerability of any system or network unless authorized by Rooster in writing
    • breach or otherwise circumvent any security or authentication measures;
    • purchase, use, or access the Services for the purpose of building a competitive product or service or for any other competitive purpose;
    • misuse our Services by interfering with their normal operation, or attempting to access them using a method other than through the interfaces and instructions that we provide;
    • access, tamper with, or use non-public areas or parts of the Services, or shared areas of the Services you haven’t been invited to;
    • interfere with or disrupt any user, host, or network, for example by sending a virus, malicious software, overloading, flooding, spamming, or mail-bombing any part of the Services;
    • access, search, or create accounts for the Services by any means other than our publicly supported interfaces (for example, “scraping” or creating accounts in bulk) unless authorized by Rooster in writing;
    • send unsolicited communications, promotions or advertisements, or spam;
    • send altered, deceptive or false source-identifying information, including “spoofing” or “phishing”;
    • promote or advertise products or services other than your own without appropriate authorization;
    • abuse referrals or promotions to get more storage space than deserved or to sell storage space received from referrals or promotions;
    • resell or lease the Services unless specifically authorized by Rooster to do so;
    • register accounts by “bots” or other automated methods;
    • publish or share materials that are unlawfully pornographic or indecent, or that contain extreme acts of violence or terrorist activity, including terror propaganda;
    • advocate bigotry or hatred against any person or group of people based on their race, religion, ethnicity, sex, gender identity, sexual orientation, disability, or impairment;
    • harass or abuse Rooster personnel or representatives or agents performing services on behalf of Rooster;
    • deny others access to, or reverse engineer, the Services, or attempt to do so, unless permitted by applicable law;
    • violate the law in any way, including storing, publishing or sharing material that’s fraudulent, defamatory, or misleading; or
    • violate the privacy or infringe the rights of others.2.2. Content Review. You acknowledge that, in order to ensure compliance with legal obligations, Rooster may be required to review certain content submitted to the Services to determine whether it is illegal or whether it violates these Terms (such as when unlawful content is reported to us). We may also modify, prevent access to, delete, or refuse to display content that we believe violates the law or these Terms. However, Rooster otherwise has no obligation to monitor or review any content submitted to the Services. 2.3. Third Party Resources. Rooster may publish links in its Services to internet websites maintained by third parties. Rooster does not represent that it has reviewed such third party websites and is not responsible for them or any content appearing on them. Trademarks displayed in conjunction with the Services are the property of their respective owners.
  3. Account Management

    3.1. Keep Your Password Secure.
    If you have been issued an account by Rooster in connection with your use of the Services, you are responsible for safeguarding your password and any other credentials used to access that account. You, and not Rooster, are responsible for any activity occurring in your account (other than activity that Rooster is directly responsible for which is not performed in accordance with your instructions), whether or not you authorized that activity. If you become aware of any unauthorized access to your account, you should notify Rooster immediately. Accounts may not be shared and may only be used by one individual per account.

    3.2. Keep Your Details Accurate.
    Rooster occasionally sends notices to the email address registered with your account. You must keep your email address and, where applicable, your contact details and payment details associated with your account current and accurate.

    3.3. Remember to Backup.
    You are responsible for maintaining, protecting, and making backups of your Content. To the extent permitted by applicable law, Rooster will not be liable for any failure to store, or for loss or corruption of, your Content.

    3.4. Customer Success.
    Rooster may assign you a customer success manager (“CSM”). The CSM may review your use of the Services and your Content to help you to more effectively use the Services, including by providing reporting and usage insight.
  4. User Requirements

    4.1. Legal Status.
    If you are an individual, you may only use the Services if you have the power to form a contract with Rooster. If you do not have the power to form a contract, you may not use the Services. If you are not an individual, you warrant that you are validly formed and existing under the laws of your jurisdiction of formation, that you have full power and authority to enter into these Terms, and that you have duly authorized your agent to bind you to these Terms.

    4.2. Minors.
    “Minors” are individuals under the age of 13 (or a higher age as provided in certain countries and territories). None of the Services are intended for use by Minors. If you are a Minor in your place of residence, you may not use the Services. By using the Services, you represent and warrant that you are not a Minor.

    4.3. Embargoes.
    You may only use the Services if you are not barred under any applicable laws from doing so.
  5. Rooster IP

    Rooster Services are proprietary and protected as Paladin Analytics (Pvt) Ltd’s intellectual property. These Terms don’t grant you any right, title, or interest in the Services, others’ content in the Services, Rooster trademarks, logos and other brand features. We welcome feedback, but note that we may use comments or suggestions without any obligation to you.
  6. Payment Terms

    6.1. Fees for Services.
    All Rooster Services are free till 1st Apr 2021. You agree to pay to Rooster any fees for each and any Services you purchase or use (including any overage fees), in accordance with the pricing and payment terms presented to you for that Service. Where applicable, you will be billed using the billing method you select through your account management page. If you have elected to pay the fees by credit card, you represent and warrant that the credit card information you provide is correct and you will promptly notify Rooster of any changes to such information.

    6.2. Subscriptions.
    Some of our Services are billed on a subscription basis (we call these “Subscriptions”). This means that you will be billed in advance on a recurring, periodic basis (each period is called a “billing cycle”). Billing cycles are typically monthly or annual, depending on what subscription plan you select when purchasing a Subscription. Your Subscription will automatically renew at the end of each billing cycle unless you cancel auto-renewal by contacting our customer support team. While we will be sad to see you go, you may cancel auto-renewal on your Subscription at any time, in which case your Subscription will continue until the end of that billing cycle before terminating. You may cancel auto-renewal on your Subscription immediately after the Subscription starts if you do not want it to renew. If you’re on an annual plan, we’ll send you a notice email reminding you that your plan is about to renew within a reasonable period of time prior to the renewal date. On the 1st Apr 2021, your account will remain a Free Account and will be automatically moved under the Forever Free pricing plan but the service restrictions bound by the Forever Free plan will apply to your usage such as limited job posts and CVs. After the 1st Apr 2021, you’ll be able to turn your account into a Paid Account and we will automatically bill you from the date you convert to a Paid Account and on each periodic renewal until cancellation.

    6.3. Taxes.
    Our prices listed do not include any taxes, levies, duties or similar governmental assessments of any nature such as value-added, sales, use or withholding taxes, assessable by any jurisdiction (collectively, “Taxes”) unless otherwise indicated. You are responsible for paying Taxes associated with your purchase and keeping your billing information up to date. Some countries have mandatory local laws regarding your cancellation rights, and this paragraph doesn’t override these laws.

    6.4. No Refunds.
    Refunds are only issued if required by law. For example, users living in the European Union have the right to cancel their Paid Account subscriptions within 14 days of signing up for, upgrading to, or renewing a Paid Account.

    6.5. Downgrades.
    Your Paid Account will remain in effect until it’s cancelled or terminated under these Terms. If you don’t pay for your Paid Account on time, we reserve the right to suspend it or remove Paid Account features with given notice.

    6.6. Changes.
    Rooster may change the fees charged to you for the Services at any time, provided that, for Services billed on a subscription basis, the change will become effective only at the end of the then-current billing cycle of your Subscription. We will give you advance notice of these changes via a message to the email address associated with your account.

    6.7. Overage Fees.
    Unless otherwise stated, any overage fees incurred by you will be billed in arrears. Overage fees which remain unpaid for 30 days after being billed are considered overdue. Failure to pay overage fees when due may result in the applicable Service being limited, suspended, or terminated (subject to applicable legal requirements), which may result in a loss of your data associated with that Service.
  7. Termination

    7.1. Termination by You.
    You’re free to stop using our Services at any time through your account management page. Such termination and deletion will result in the deactivation or disablement of your account and access to it, and the deletion of content you collected through use of the Services. Terminations are confirmed immediately and you will not be charged again for that Subscription unless you purchase a new one. If you terminate a Subscription in the middle of a billing cycle, you will not receive a refund unless you are terminating these Terms for any of the following reasons: (a) we have materially breached these Terms and failed to cure that breach within 30 days after you have so notified us in writing; (b) a refund is required by law; or (c) we, in our sole discretion, determine a refund is appropriate. We’ll provide you with reasonable advance notice via the email address associated with your account to remedy the activity that prompted us to contact you and give you the opportunity to export Your Data from our Services. If after such notice you fail to take the steps we ask of you, we’ll terminate or suspend your access to the Services.

    7.2. Termination by Rooster.
    We reserve the right to suspend or terminate your access to the Services such as blocking your IP Address with notice to you if: (a) you’re in breach of these Terms, (b) your use of the Services would cause a real risk of harm or loss to us or other users, or (c) you have a Paid Account and haven’t accessed our Services for 24 consecutive months.

    7.3. Immediate Termination.
    We won’t provide notice before termination where: (a) you’re in material breach of these Terms, (b) doing so would cause us legal liability or compromise our ability to provide the Services to our other users, or (c) we’re prohibited from doing so by law.
  8. Discontinuation of Services

    We may decide to discontinue the Services in response to unforeseen circumstances beyond Rooster’s control or to comply with a legal requirement. If we do so, we’ll give you reasonable prior notice so that you can export Your Data from our systems. If we discontinue the Services in this way before the end of any fixed or minimum term you have paid us for, we’ll refund the portion of the fees you have pre-paid but haven’t received Services for.
  9. Beta Services

    We sometimes release products and features that we’re still testing and evaluating (“Beta Services”). Beta Services are labeled “alpha,” “beta,” “preview,” “early access,” or “evaluation” (or with words or phrases with similar meanings) and may not be as reliable as Rooster’s other services. Beta Services are made available so that we can collect user feedback, and by using our Beta Services, you agree that we may contact you to collect such feedback. Beta Services are confidential until official launch. If you use any Beta Services, you agree not to disclose any information about those Services to anyone else without our permission.
  10. Services “AS IS”

    We strive to provide great Services, but there are certain things that we can’t guarantee. TO THE FULLEST EXTENT PERMITTED BY LAW, ROOSTER AND ITS AFFILIATES, SUPPLIERS AND DISTRIBUTORS MAKE NO WARRANTIES, EITHER EXPRESS OR IMPLIED, ABOUT THE SERVICES. THE SERVICES ARE PROVIDED “AS IS.” WE ALSO DISCLAIM ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. Some places don’t allow the disclaimers in this paragraph, so they may not apply to you.
  11. Limitation of Liability

    WE DON’T EXCLUDE OR LIMIT OUR LIABILITY TO YOU WHERE IT WOULD BE ILLEGAL TO DO SO — THIS INCLUDES ANY LIABILITY FOR ROOSTER’S OR ITS AFFILIATES’ FRAUD OR FRAUDULENT MISREPRESENTATION IN PROVIDING THE SERVICES. IN COUNTRIES WHERE THE FOLLOWING TYPES OF EXCLUSIONS AREN’T ALLOWED, WE’RE RESPONSIBLE TO YOU ONLY FOR LOSSES AND DAMAGES THAT ARE A REASONABLY FORESEEABLE RESULT OF OUR FAILURE TO USE REASONABLE CARE AND SKILL OR OUR BREACH OF OUR CONTRACT WITH YOU. THIS PARAGRAPH DOESN’T AFFECT CONSUMER RIGHTS THAT CAN’T BE WAIVED OR LIMITED BY ANY CONTRACT OR AGREEMENT. IN COUNTRIES WHERE EXCLUSIONS OR LIMITATIONS OF LIABILITY ARE ALLOWED, ROOSTER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WON’T BE LIABLE FOR: a) ANY INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE, EXEMPLARY, OR CONSEQUENTIAL DAMAGES, OR b) ANY LOSS OF USE, DATA, BUSINESS, OR PROFITS, REGARDLESS OF LEGAL THEORY. THESE EXCLUSIONS OR LIMITATIONS WILL APPLY REGARDLESS OF WHETHER OR NOT ROOSTER OR ANY OF ITS AFFILIATES HAS BEEN WARNED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU USE THE SERVICES FOR ANY COMMERCIAL, BUSINESS, OR RE-SALE PURPOSE, ROOSTER, ITS AFFILIATES, SUPPLIERS OR DISTRIBUTORS WILL HAVE NO LIABILITY TO YOU FOR ANY LOSS OF PROFIT, LOSS OF BUSINESS, BUSINESS INTERRUPTION, OR LOSS OF BUSINESS OPPORTUNITY. ROOSTER AND ITS AFFILIATES AREN’T RESPONSIBLE FOR THE CONDUCT, WHETHER ONLINE OR OFFLINE, OF ANY USER OF THE SERVICES. OTHER THAN FOR THE TYPES OF LIABILITY WE CANNOT LIMIT BY LAW (AS DESCRIBED IN THIS SECTION), WE LIMIT OUR LIABILITY TO YOU TO THE GREATER OF $50 USD OR 100% OF ANY AMOUNT YOU’VE PAID UNDER YOUR CURRENT SERVICE PLAN WITH ROOSTER, WHICHEVER IS HIGHER.
  12. Entire Agreement

    These Terms constitute the entire agreement between you and Rooster with respect to the subject matter of these Terms, and supersede and replace any other prior or contemporaneous agreements, or terms and conditions applicable to the subject matter of these Terms. These Terms create no third party beneficiary rights.
  13. Waiver, Severability & Assignment

    Rooster’s failure to enforce a provision is not a waiver of its right to do so later. If a provision is found unenforceable, the remaining provisions of the Terms will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not assign any of your rights under these Terms, and any such attempt will be void. Rooster may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Services.
  14. Modifications

    We may revise these Terms from time to time to better reflect: (a) changes to the law, (b) new regulatory requirements, or (c) improvements or enhancements made to our Services. If an update affects your use of the Services or your legal rights as a user of our Services, we’ll notify you prior to the update’s effective date by sending an email to the email address associated with your account or via an in-product notification. These updated terms will be effective no less than 30 days from when we notify you. If you don’t agree to the updates we make, please cancel your account before they become effective. Where applicable, we’ll offer you a prorated refund based on the amounts you have prepaid for Services and your account cancellation date. By continuing to use or access the Services after the updates come into effect, you agree to be bound by the revised Terms.
  15. Contracting Entity

    Unless otherwise noted, the Services are provided by, and you are contracting with, Paladin Analytics (Pvt) Ltd. For any Service provided by Paladin Analytics (Pvt) Ltd, the following provisions will apply to any terms governing that Service:

    15.1. Contracting Entity.
    References to “Rooster”, “we”, “us”, and “our” are references to Paladin Analytics (Pvt) Ltd, located at: Paladin Analytics (Pvt) Ltd. No. 300 Rajagiriya Rd Colombo, 10107 Western Province Sri Lanka You are able to contact us by email addressing [email protected] for general inquiries or [email protected] to report any abuse in connection with our Services.

    15.2. Governing Law.
    Those terms are governed by the laws of Sri Lanka (without regard to its conflict of laws provisions). However, some countries (including those in the European Union) have laws that require agreements to be governed by the local laws of the consumer’s country. This paragraph doesn’t override those laws.

    15.3. Jurisdiction.
    Except if prohibited by applicable law, each party submits to the exclusive jurisdiction of the state courts and federal courts located in Colombo, Sri Lanka with respect to the subject matter of those terms.

    15.4. Resolving disputes.
    We want to address your concerns without needing a formal legal case. Before filing a claim against Rooster, you agree to try to resolve the dispute informally by contacting [email protected] to report any abuse in connection with our Services. We’ll try to resolve the dispute informally by contacting you via email. If a dispute is not resolved within 15 days of submission, you or Rooster may bring a formal proceeding.

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