Terms of Service for Employers

The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this Section B of the Southeast Asian Placement Center, Inc. (“SEAPCI”) General Terms of Service, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.

1. Employer Accounts

When you create an SEAPCI account, a Company Page or post job listings advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings” or “Job Ads”) on the Site, whether as part of the SEAPCI Ads Program or otherwise, you agree that this Agreement, the terms associated with any SEAPCI service you are using, and all of SEAPCI’s policies, including the SEAPCI Privacy Policy and Cookie Policy, apply to you.

As an Employer, your account is for business use and not for personal use. SEAPCI is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for an SEAPCI account, you agree to receive mandatory email updates regarding anomalous activity to your SEAPCI account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.

In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) can provide these other users varying levels of access and functionality (“Roles”) within the account, as described on the site, including but not limited to accessing account data or purchasing services from SEAPCI under such account. If you are an Admin adding a user to a Role or several Roles, you represent to SEAPCI that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless SEAPCI from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data, access to your account, and any purchases made under your account. You agree that SEAPCI assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access. When using a Linked Account, any users with access to certain Roles may also have the ability to purchase SEAPCI products under your account, and you agree that you are responsible for the payment of all such purchases made.

Change of Address: If you have provided a billing address to us, and you change such billing address from an address within the United States to an address outside the United States, or from an address outside of the United States to an address inside the United States, you will continue to be bound by this Agreement with the same SEAPCI party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable SEAPCI party identified in the first paragraph of this Agreement with respect to such new territory.

If your SEAPCI employer account has a credit card on file to pay for one SEAPCI product or service, SEAPCI may charge that card for any additional products or services you order.

You agree that SEAPCI may send notices to Job Seekers informing them that an Employer account has been compromised, including if such account is associated with you. SEAPCI cannot and does not guarantee that such notices will always be sent or received, and you therefore agree that SEAPCI bears no responsibility for doing so. SEAPCI makes no warranty regarding, and disclaims any liability for, the accuracy, completeness, timeliness, or reliability of such notices.

SEAPCI may offer suggestions, recommendations, or information to users that may support or improve their experience on SEAPCI Sites. You understand that these offerings are provided as a courtesy and without warranty, and your use of such information is at your sole discretion. As an Employer, you are responsible for your use of the Site and any tools offered therein, including your decisions regarding your job description, the requirements for your job, and whom you interview or hire. SEAPCI assumes no responsibility and disclaims all liability for any actions you take based on any information provided by SEAPCI.

2. Employer Services Including SEAPCI Apply and Screener Questions

You also agree that, as a service to Job Seekers, SEAPCI may activate its SEAPCI Apply relay function for use in connection with your Job Listings, and that any Job Seekers who wish to indicate an interest in such Job Listing may only do so through SEAPCI Apply, and that SEAPCI will send applications to the email address you provide us with. You also agree that SEAPCI may activate a chat bot, which enables Job Seekers to apply to your Job Ad by answering questions. The answers a Job Seeker submits are presented to you as a job application. When you use SEAPCI candidate management tools, including but not limited to your Employer Dashboard, or by activating the SEAPCI Apply relay function for your Job Listings, you acknowledge and agree that SEAPCI may make available functions allowing you to take actions regarding the Job Seeker, such as tools for setting up an interview, viewing a resume and rejecting a candidate. You agree that by using such candidate management tools, you are instructing SEAPCI to assemble the candidate’s application materials, resume, answers to screener questions, assessment responses and other information you provide to SEAPCI into one document. You further agree that SEAPCI is not responsible for maintaining or storing such application materials, and that you are responsible for your own compliance with any applicable record retention requirements. By using these tools, you are providing information to SEAPCI and requesting and authorizing us to make available such information to the applicable Job Seeker. For example, when you choose whether a qualification is preferred or required (including marking it as a deal breaker), this information may be highlighted to Job Seekers. Additionally, you consent to any information shared through SEAPCI being processed and analyzed by SEAPCI according to this Agreement and SEAPCI’s Privacy Policy. SEAPCI may store such information regardless of whether a job vacancy has been filled.

You are responsible for the contents of your emails, application form, screener questions or their format, Company Pages that you create, any Job Listings that you post, and any messages that you send through SEAPCI Apply or otherwise, and agree that SEAPCI is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that SEAPCI may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. SEAPCI further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. You are solely responsible for checking your Employer dashboard to view job applications and other information. Any notifications, such as emails, you may receive about applications or other activities, are provided solely as a courtesy to you and you should not rely on them.

In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, including but not limited to an offer letter, to a Job Seeker through SEAPCI’s relay functions, do not use the SEAPCI relay functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. When using the SEAPCI Apply function, SEAPCI will attempt to send applications to the contact information provided to SEAPCI by you, however, SEAPCI has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify SEAPCI for any damages resulting therefrom.

When you use the SEAPCI Apply relay function for your Job Listings, you acknowledge and agree that SEAPCI may add functions into the corresponding SEAPCI Apply emails. For example, SEAPCI may mask or hide contact information, such as email addresses, from resumes or applications and may substitute it with an alias. In addition, SEAPCI may, on your behalf, send out reminder emails to Job Seekers you wish to interview. SEAPCI may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct SEAPCI to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that SEAPCI has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use SEAPCI’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that SEAPCI has no discretion in the transmission or storage of rejection notices.

You agree that SEAPCI may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. SEAPCI does not verify the identity of any Job Seekers who apply to your job listing, nor does SEAPCI know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that SEAPCI Apply and SEAPCI’s relay functions are presented to you without warranty and SEAPCI assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.

By using any automated phone screen product, you agree that you are requesting SEAPCI to send a Job Seeker a telephone number, which the Job Seeker may call with the purpose of answering your telephone screening questions. You agree these questions are part of your application process, are solely determined by you, and are not being asked by SEAPCI. You also agree that you are only asking SEAPCI to record the Job Seeker’s answers to your screening questions and that SEAPCI will forward you the recording of the answers to your questions. You consent to SEAPCI listening to and analyzing the recording in accordance with SEAPCI’s Privacy Policy. SEAPCI disclaims all warranties with regards to the transmission or storage of such phone screens and responses, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent.

You shall indemnify, defend and hold harmless SEAPCI, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created or claimed by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). SEAPCI may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at SEAPCI’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any SEAPCI product, SEAPCI reserves the right to suspend or terminate your use of that SEAPCI product as well as any other SEAPCI product, including but not limited to those SEAPCI products where you do not have an unpaid invoice or account balance. SEAPCI may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees SEAPCI incurs collecting such late payments.

When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, SEAPCI may, for example, use such materials for data analysis, quality control, or to refine the Site or any other SEAPCI product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, send, store or receive materials through or using the Site or when you simply use or visit the Site, SEAPCI may inform a Job Seeker that you have taken an action, for example, with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to SEAPCI taking such actions.

SEAPCI, in its sole discretion, may add labels or badges to Employer names or Job Ads, such as, “Responsive Employer” or “Active Employer” or “Hired on SEAPCI”. Employers may also request that SEAPCI add such labels. SEAPCI shall determine the method by which such labels or badges are determined or which Employers qualify. The lack of a label or badge may indicate that SEAPCI does not have sufficient data to determine if an Employer qualifies. Some of the data may be provided by the Employer and SEAPCI does not guarantee the accuracy of such data. SEAPCI does not guarantee the accuracy of any label or badge that is added to Employer names or Job Ads based on employer provided data, including data on Job Ads.

If you access or use any SEAPCI Application Programming Interface (API), including accessing and using the Site or any of the SEAPCI Apps or any Applicant Tracking System (ATS) through an API, you agree to be bound by this Agreement, the SEAPCI API Terms, SEAPCI Privacy Policy, the Site Rules, and any additional rules and policies made available by SEAPCI. YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE ANY API AT YOUR OWN DISCRETION AND RISK AND THAT SEAPCI DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF ANY SEAPCI API. It is your responsibility to regularly review any SEAPCI App or the Site for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, method for charging) about SEAPCI’s products and services. By using an API, rather than directly using the Site or an SEAPCI App, you agree to all information provided on the Site or an SEAPCI App. Use of an Application or ATS via an API, rather than direct use of the Site or an SEAPCI App, shall not excuse any lack of information or understanding about SEAPCI’s products and services where that information is otherwise provided on the Site or an SEAPCI App.

3. Job Match

SEAPCI may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on SEAPCI to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that SEAPCI may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. SEAPCI may also use such information in order to improve the Site or any other SEAPCI product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).

4. Salary, Applies or Other Information Provided by SEAPCI

SEAPCI may provide some information and content to users for informational purposes only. For example, SEAPCI may provide Job Seekers with data regarding estimated salaries for a given Job Listing, number of applies to a Job Listing, responses to certain screener questions for a Job listing, or provide you with estimated applies to your Job Listing. All such figures provided by SEAPCI are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. If you are participating in the SEAPCI Ads Program and your Sponsored Job advertising budget is set on a per-apply basis, you will be charged based on SEAPCI’s determination of Apply count as reflected in your employer dashboard and not based on the number of applies that may be provided to Job Seekers for informational purposes only. SEAPCI may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to SEAPCI, including from SEAPCI affiliates. These figures are given to SEAPCI users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. SEAPCI may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and SEAPCI does not guarantee their accuracy. SEAPCI reserves the right to change the method of measuring such figures at any time.

5. Screening Tools

SEAPCI may make available to you  screening tools for your use during the application process, including screener questions, phone screen tools and assessments. SEAPCI is licensing these tools to you for your use as you determine. By using any screening product, made available to you by SEAPCI, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by SEAPCI. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent or similar law. While SEAPCI is guided by WCAG 2.1, Level AA in our efforts to design and develop accessible offerings, as outlined in the accessibility statement, SEAPCI does not warrant that the method of delivery of these questions is compliant with the Americans with Disabilities Act or any equivalent or similar law. You agree to indemnify SEAPCI for any and all claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or similar or equivalent law, or that such Screening Tool results in a “disparate impact”.

SEAPCI may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing SEAPCI to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on SEAPCI. Any interactions you have directly with a Job Seeker and not through a tool provided by SEAPCI (for example, calling or emailing a Job Seeker directly instead of through an SEAPCI Relay Service) are not visible to SEAPCI, and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by SEAPCI to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist you agree that you are instructing SEAPCI to send these messages to candidates with whom you do not interact within your chosen time frame, and you agree to indemnify SEAPCI from any claims arising therefrom. You further agree that SEAPCI may notify Job Seekers about the estimated time frame during which they may expect to hear back from you based on the time frame you choose in Employer Assist.

6. Communication through SEAPCI

You may receive messages, emails or email notifications corresponding with your or a Job Seeker’s activity on or use of the Site, SEAPCI Apply, SEAPCI Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy, and you should not rely on them. For example, if you wish to interview a Job Seeker, it is your responsibility to follow up with the Job Seeker separately to ensure they know about the interview, do not rely on notifications through SEAPCI. SEAPCI disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.

SEAPCI may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Once a Job Seeker has your contact info, you agree that SEAPCI is not responsible or liable for the manner in which the Employer uses the info. Should you choose to send an email from a third party email client, the person with whom you’re communicating may be able to see your email address, rather than the alias. If you send or receive communication on or through the Site, you agree to your communication being processed, analyzed, reviewed, and stored, including via automated means, for data analysis, quality control, enforcement of the Sites’ rules and other SEAPCI policies, content moderation, and to improve the Site or any other SEAPCI product or service.

Specifically, if you post a Job Listing directly on SEAPCI, applications are sent only to your SEAPCI dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your SEAPCI dashboard. SEAPCI reserves the right to turn on or enable SEAPCI Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that SEAPCI Chat or other communication options are available for a particular job or Employer. For SEAPCI Chat, you may access or view your messages by visiting your SEAPCI Chat messages dashboard. If you do not wish to use SEAPCI Chat, you may turn it off by visiting your SEAPCI Chat dashboard. SEAPCI may, in its sole discretion, turn off or disable SEAPCI Chat for any Employer or Job Seeker at any time without prior notice.

7. Virtual Communications 

SEAPCI may offer you the option to manage virtual and remote communications with Job Seekers within SEAPCI products, including but not limited to, SEAPCI Interview, SEAPCI Hiring Platform, phone interviews, virtual meetings, and video interviews (“Virtual Interviews”). Services may include giving you access to scheduling, video conferencing, web conferencing, meeting rooms, and other collaborative services offered by third-party telecommunications service providers. You understand that SEAPCI is not a telecommunications service provider. SEAPCI disclaims all warranties with regards to the transmission of virtual communications. SEAPCI does not guarantee (1) availability of such services at the time You attempt to initiate them (2) the quality of such services, or (3) the dates or times you’ve arranged with Job Seekers for your Virtual Interview. Further, SEAPCI does not verify the identities or qualifications of Job Seekers with whom you arrange Virtual Interviews.

YOU UNDERSTAND AND AGREE THAT THERE IS NO PROTECTION FOR ANY INFORMATION YOU SHARE OR DATA THAT YOU TRANSMIT WHILE PARTICIPATING IN VIRTUAL INTERVIEWS INCLUDING, BUT NOT LIMITED TO, AUDIO/VISUAL CONTENT, INTERVIEW QUESTIONS AND ANSWERS, OR YOUR IMAGE OR LIKENESS. YOU ACKNOWLEDGE AND AGREE THAT SEAPCI IS NOT RESPONSIBLE FOR SECURING OR PROTECTING ANY DATA OR INFORMATION THAT YOU SHARE OR TRANSMIT DURING YOUR USE OF VIRTUAL INTERVIEWS. SEAPCI ASSUMES NO LIABILITY FOR THE MISUSE OF ANY DATA YOU SHARE OR TRANSMIT THROUGH USE OF VIRTUAL INTERVIEWS. YOU FURTHER ACKNOWLEDGE AND AGREE THAT SEAPCI DOES NOT ASSUME ANY RESPONSIBILITY FOR AVAILABILITY OR RETENTION OF ANY RECORDINGS OF VIRTUAL INTERVIEWS.

YOU UNDERSTAND AND AGREE THAT YOU ACCESS AND USE VIRTUAL INTERVIEWS AT YOUR OWN DISCRETION AND RISK AND THAT SEAPCI DISCLAIMS ALL LIABILITY ARISING OUT OF YOUR USE OF VIRTUAL INTERVIEWS.

Upon your request, SEAPCI may extend invitations to additional representatives at your company to join in Virtual Interviews. You understand and agree that SEAPCI will extend such invitations on your behalf based on the email addresses you provide for those representatives but SEAPCI is not responsible for inaccuracies in the contact information you provide. Further, SEAPCI is not responsible, and you are solely responsible for the conduct or actions of your representatives. You represent that you have the authority to bind your additional representatives to SEAPCI’s Terms, and by extending invitations to your representatives, you are binding them to SEAPCI’s Terms.

You understand that SEAPCI is only providing the option for you to communicate with Job Seekers via services that may be offered by third-party providers. SEAPCI is not a party to your Virtual Interviews and is not a participant in any arrangements you make with Job Seekers. You are responsible for any requests for accommodations from Job Seekers. For example, if a sign language interpreter is requested, it is your responsibility to provide one if you are legally obligated to.

Recording Virtual Interviews: As an Employer, you may be presented with an option to enable recording of Virtual Interviews. You acknowledge and agree that you will not record, store, or analyze Virtual Interviews without permission from Job Seekers and all participants. By recording a Virtual Interview, you represent and warrant to SEAPCI that you have secured all necessary consent and will comply with all applicable laws, including state and federal. By choosing to record Virtual Interviews, you agree that third-party providers and SEAPCI can store and access the recording. However, you agree that SEAPCI is not obligated to store or retain any recording of a Virtual Interview. YOU FURTHER AGREE TO DEFEND, INDEMNIFY AND HOLD SEAPCI HARMLESS FROM ANY ALLEGATIONS, CLAIMS, ACTIONS, SUITS, DEMANDS, DAMAGES, LIABILITIES, OBLIGATIONS, LOSSES, SETTLEMENTS, JUDGMENTS, COSTS AND EXPENSES (INCLUDING WITHOUT LIMITATION ATTORNEYS’ FEES AND COSTS) THAT ARISE FROM THE RECORDING OF VIRTUAL INTERVIEWS.

8. Company Pages

When you post a Job Ad directly on SEAPCI or submit a request for a landing page on SEAPCI, such as SEAPCI Next, SEAPCI may automatically generate for you a Company Page. You understand that SEAPCI may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize SEAPCI to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content (as defined below) to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, SEAPCI may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on SEAPCI as well as those indexed by SEAPCI. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. 

SEAPCI may additionally offer SEAPCI Company Pages Premium, which includes features accessible only on a subscription basis and may be charged as indicated in an insertion order. SEAPCI reserves the right to change or remove these features at any time, in SEAPCI’s sole discretion. Additionally, these features may include analytics or other figures, which SEAPCI does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose. You may cancel your participation in SEAPCI Premium Company Pages Program at any time by notifying SEAPCI. Such cancellation is generally effective at the beginning of the next calendar month; if you have prepaid for an annual subscription then cancellation is effective immediately and SEAPCI will provide a prorated refund of the unused subscription term, which may include any discounts as applicable. All Company Pages Premium monthly subscriptions will automatically renew until cancelled by you. Annual subscriptions will need to be renewed each year. You are responsible for all taxes as applicable and appropriate.

9. SEAPCI Academy

If you or anyone at your company is a member of SEAPCI Academy, your use of the Graduate logos is limited to your individual use only, and solely for purposes of indicating your Graduate status. Use of the Graduate logo to represent organizations or for commercial purposes is not permitted. Further, you agree and acknowledge that you will not make any representation that you are recruiting on behalf of SEAPCI, working for SEAPCI, or in any form of co-employment or contractor relationship with SEAPCI. Additionally, nothing contained herein shall be construed to imply a joint venture, partnership, principal-agent relationship or employer-employee relationship between you and SEAPCI, and neither Party shall have the right, power or authority to obligate or bind the other in any manner whatsoever, except as otherwise agreed to in writing. If you make any representation to the contrary, SEAPCI may remove you from SEAPCI Academy in its sole discretion.

10. HR Management Tools

SEAPCI may make HR management software tools available to employers and their employees (“HR Management Tools”). If you are an employee using any HR Management Tools, you agree that such use is subject to the provisions of this Agreement. You further acknowledge that while SEAPCI is only providing the HR Management Tools for your and your employer’s use, and that SEAPCI accepts no responsibility for such use. SEAPCI does not provide legal advice and cannot guarantee that your employer will configure or use any HR Management Tool to be in compliance with the law. Your employer retains all responsibility for such compliance. If you have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, you must raise them directly with your employer.

11. Governing Law and Dispute Resolution

This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Federative Republic of Brazil, if you are located in Brazil; the laws of the Republic of India, if you are located in India; the laws of the State of Texas, if you are located in the United States; the laws of the Republic of Singapore, if you are located in the Asia-Pacific Region*; the laws of Japan, if you are located in Japan; the laws of England and Wales if you are supported primarily by SEAPCI’s UK office; the laws of France if you are primarily supported by SEAPCI’s office in France; the laws of Italy if you are primarily supported by SEAPCI’s office in Italy; the laws of Italy if you are primarily supported by SEAPCI’s office in Italy; the laws of Ontario, Canada if you are primarily supported by SEAPCI’s offices in Canada; or the laws of the Republic of Ireland, if you are located elsewhere, without giving effect to conflicts of law principles thereof. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; Tokyo, Japan if you are located in Japan; London, England, if you are supported primarily by SEAPCI’s UK office; Paris, France, if you are supported primarily by SEAPCI’s office in France; Milan, Italy, if you are supported primarily by SEAPCI’s office in Italy; Province of Ontario, if you are supported primarily by SEAPCI’s offices in Canada; or Dublin, Ireland, if you are located elsewhere. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in: São Paulo, state of São Paulo, Brazil if you are located in Brazil; Bangalore, state of Karnataka, India if you are located in India; Travis County, Texas, U.S.A., if you are located in the United States; The Republic of Singapore, if you are located in the Asia-Pacific Region*; Tokyo, Japan, if you are located in Japan; London, England, if you are supported primarily by SEAPCI’s UK office; Paris, France, if you are supported primarily by SEAPCI’s office in France; Milan, Italy, if you are supported primarily by SEAPCI’s office in Italy; Province of Ontario, if you are supported primarily by SEAPCI’s offices in Canada; or Dublin, Ireland, if you are located elsewhere.

You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from SEAPCI. If you intend to propound discovery seeking user information from SEAPCI Inc., you agree to do so pursuant to a valid federal, Texas or Texas domesticated request, addressed to and properly served at our registered agent in Texas at SEAPCI, Inc., c/o CT Corporation, 1999 Bryan Street, Suite 900, Dallas, TX 75201. You further agree to submit to the personal jurisdiction of the appropriate Texas state or federal courts for such discovery proceedings.

You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in the United States.

12. Class Action Waiver

By using the Site and in return for the services offered by SEAPCI, you acknowledge that SEAPCI can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue SEAPCI as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against SEAPCI regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 11 above.

13. Indemnification

You shall indemnify, defend and hold harmless SEAPCI, its agents, affiliates, and licensors from any claim or liability (including without limitation reasonable legal fees) arising out of or related to: (a) your violation of any term of this Agreement; (b) your use of, and access to, the Site or any SEAPCI product, program, or service; (c) your loss of, or disclosure of, information gained from using the Site or any SEAPCI product, program, or service; (d) your violation of any applicable laws or regulations, including but not limited to the Fair Credit Reporting Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws; (e) your violation of any third party right, including without limitation any copyright, property, or privacy right; (f) any claim that your content caused damage to a third party; (g) your actions as an Employer, including without limitation doing or not doing the following: screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party service providers you engage to assist you with activities related to your use of SEAPCI products and services, such as, but not limited to: facilitate your sourcing activities or track the conversion rates of job seeker through to job applicant. This defense and indemnification obligation will survive this Agreement and your use of the Site or any SEAPCI product, program, or service.

14. Extended Campaign Tools

SEAPCI may offer a service to facilitate the coordination of Job Ads within geographically distributed businesses, such as franchises or large companies with many locations, such as SEAPCI Central or Groups (“Extended Campaign Tools”). You acknowledge and agree that using Extended Campaign Tools involves sharing a franchisee’s account information with the franchisor, or sharing a local office’s account information with the corporate headquarters, as applicable. This information may include items such as the number of your business locations or accounts, information about your job ads (content, clicks, impressions, etc.), your contact information, and your spend levels. The franchisor or corporate headquarters may request that SEAPCI contact its franchisees or local offices, respectively, by providing SEAPCI with contact information, and may provide the content of Job Ads to SEAPCI for use in connection with Extended Campaign Tools. By using Extended Campaign Tools, you agree to this information being shared, and you represent and warrant that i) all information you provide to SEAPCI is accurate, and ii) you have all necessary right and authorization to provide such information to SEAPCI and to permit SEAPCI to share it in connection with Extended Campaign Tools. You may request that SEAPCI grant access and control of your Extended Campaign Tools account to additional users. You understand and agree that by submitting such requests, SEAPCI will contact the users based on the information you provide (name, email address, and job title) and that SEAPCI is not responsible for verifying the users prior to completion of such requests.

15. Candidate Import

SEAPCI may offer a platform that allows you, or someone acting on your behalf or authority (such as a recruitment management service), to upload information about job applicants to SEAPCI and to interact with these individuals and direct SEAPCI to interact with these individuals on your behalf (hereafter “Candidate Import”). To the extent that any information you provide or otherwise make available to SEAPCI through our Candidate Import service includes Client Personal Data, you instruct SEAPCI to process such information on your behalf pursuant to this Agreement and any applicable Data Processing Addendum; Client Personal Data and SEAPCI as used in this Section shall have the meanings given to them in the Data Processing Addendum. By using Candidate Import, you instruct SEAPCI to display the information of the interactions (including Virtual Interviews which are currently scheduled or were previously conducted) between you or SEAPCI and the job applicants within their SEAPCI accounts, and you represent and warrant that you, and any third party who you have authorised to upload Client Personal Data to the platform, have obtained all necessary rights and permissions from, and provided all necessary information and disclosures to, job applicants as required under applicable data protection law for you to provide or otherwise make available Client Personal Data to SEAPCI using Candidate Import, and, without limiting the foregoing, (a) no individual whose Personal Data you provide or otherwise make available to SEAPCI using Candidate Import has exercised any right or made any request to you that would prevent or otherwise limit your ability to share such individual’s Personal Data with SEAPCI for processing in connection with this Agreement and (b) all job applicants have consented that their data will be shared with SEAPCI (in accordance with SEAPCI’s Terms and Privacy Policy) and that SEAPCI may contact them over email as part of your hiring process, including requesting them to create an account with SEAPCI. You agree to defend and indemnify SEAPCI for any breach of the foregoing sentence. You also agree that SEAPCI is only responsible for such Client Personal Data, in accordance with the DPA, once it is received by SEAPCI  and you are responsible for such Client Personal Data up until such receipt by SEAPCI.