3. Customer obligations
3.1 The Customer shall at all times use the Services and the Website in accordance with these Terms.
3.2 The Customer shall ensure that its use of the Services and/or the Website, including the submission of any information, data, images, videos, audio, files, links to external websites, communication between Collaborators and with Candidates, and all other material of any format ("Submissions"):
- comply with all applicable laws and legislations;
- do not infringe any intellectual property rights or other proprietary rights of any third party;
- not reasonably be deemed to be offensive, illegal, inappropriate or in any way:
- promote racism, bigotry, hatred or physical harm of any kind against any group or individual;
- harass or advocate harassment of another person;
- display pornographic or sexually explicit material;
- promote any conduct that is abusive, threatening, obscene, defamatory or libellous;
- promote any illegal activities;
- provide instructional information about illegal activities, including violating someone else’s privacy;
- create computer viruses or implement any form of software or scripts onto the platform that have the appearance of coming from a user or candidate (for the avoidance of doubt, this shall not apply to API use);
- promote or contain information that you know or believe to be inaccurate, false or misleading;
- engage in the promotion of contests, sweepstakes and pyramid schemes, without our prior written consent;
- exploit people in a sexual or violent manner;
- invade or violate any third party’s right to privacy
- register the same Customer more than once for the purpose of circumventing Customer limitations which have been created by the Website such as the number of Openings the Customer is permitted to create;
- publish Openings that do not correspond to actual unfulfilled full time/part-time/hourly employment/contract positions;
- publish Openings for multi-level marketing positions, pyramid schemes or self-employed opportunities;
- publish Openings with the aim of harvesting Candidates for any reason other than legitimate employment;
- publish Openings that direct Candidates to apply through means that are not supported by One Assessment and the Website;
- publish Openings on behalf of a company without their knowledge and consent;
- request payments from Candidates; and
- transmit "junk mail", or "chain letters", or unsolicited mass mailing, messaging or "spamming";
and the Customer hereby indemnifies One Assessment for all losses, liabilities, costs and expenses (including but not limited to legal costs) suffered or incurred by One Assessment which arise directly or indirectly from a breach by the Customer of this clause 3.2.
3.3 Unless otherwise explicitly stated by One Assessment, One Assessment does not vet, verify the accuracy, correctness and completeness, edit or modify any Submissions or any other information, data and materials created, used and/or published by the Customer on the Website to determine whether they may result in any liability to any third party. The Customer hereby warrants that the Customer has the right to use all such information and material.
3.4 Subject to clause 3.3, One Assessment may enhance the Profile by using data related to the Candidate, obtained from third parties. Such additional information may include links to any social media websites used by One Assessment in enhancing the Profile. In such circumstances, One Assessment does not vet, verify the accuracy, correctness and completeness of such data used to enhance the Profile and no guarantee is given that any enhancements to the Profile will be error free or ultimately achieve any enhancement to the Profile and it is the responsibility of the Customer to verify the accuracy of such information before making any hiring decisions.
3.5 Notwithstanding clause 3.3, One Assessment reserves the right to refuse to publish any Submissions, or to at any time remove or edit a Submission (in whole or in part), if One Assessment has reason to believe that the Customer’s use of the Services and/or the Website breaches these Terms.
3.6 The Customer shall not:
- at any time use the Services and/or the Website with the purpose of impersonating another User or person; and
- use the information made available to the Customer through its use of the Services and/or the Website for any purpose other than in connection with the recruitment of staff;
- do anything whatsoever which shall or is likely to impair, interfere with, damage, or cause harm or distress to any person or all or any part of any computer, computer network, telecommunications service or infrastructure.
3.7 One Assessment takes breaches of the Terms, and in particular, this clause 3, very seriously and therefore reserves the right to take any action that One Assessment deems necessary. This can include, without limitation, suspension or termination of the Customer’s use of the Services and/or access to the Website. In certain circumstances One Assessment may choose to instigate legal proceedings as appropriate if there is any illegal use of the Services and/or the Website, or disclose information to any third party who is claiming that any material posted or uploaded onto the Website constitutes a violation of their intellectual property rights or of their right to privacy or if the material is posted without that third party’s prior consent. The Customer shall promptly notify One Assessment if it is aware of any or any suspected breaches of this clause 3 by its Collaborators.