Terms and Conditions
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Welcome to IT Career Hero. These pages constitute the terms and conditions under which you may access ITCareerHero.com (the “Site”) and use the information contained therein (the “Services”). Please read these terms and conditions of use (“Terms”) carefully before using the Site or services available from or through it. The Site is owned and operated by ITCareerHero (referred to as the “Company”). “You” are the person or entity using the Site.
You understand that by making a purchase through ITCareerHero.com, by using the Site (including any content provided therein), Services, or your account or by posting any materials on the Site, you are agreeing to be bound by these Terms. If you do not accept these Terms in their entirety, you may not access or use the Site and its Services. If you agree to these Terms on behalf of a business, you represent and warrant that you have the authority to bind that business to these Terms and your agreement to these terms will be treated as the agreement of the business. In that event, “you” and “your” refer herein to that business.
NOTE: THESE TERMS AND CONDITIONS CONTAIN A DISPUTE RESOLUTION AND ARBITRATION PROVISION, INCLUDING A CLASS ACTION WAIVER THAT AFFECTS YOUR RIGHTS UNDER THESE TERMS AND CONDITIONS AND WITH RESPECT TO ANY AND ALL DISPUTES YOU MAY HAVE WITH ITCareerHero. YOU MAY OPT OUT OF THE BINDING INDIVIDUAL AGREEMENT TO ARBITRATE AS PROVIDED BELOW.
In consideration of your use of the Site, you agree to provide true, accurate and complete information about yourself as prompted by the Site or ordering process. The Company has the right to deny you access to the Site or reject your order if your information is untrue, inaccurate or incomplete. You must be age 18 or older to register for the Site. When entering the Site, you acknowledge that you are age 18 or older.
AGREEMENT TO DEAL ELECTRONICALLY
The Company may keep records of any type of communication conducted (information is sent or received) via the Site. All electronic records are deemed sent when they are properly addressed to the recipient and the record enters an information processing system outside the control of the sender or the record enters a region of an information processing system under the recipient’s control. All electronic records are deemed received when the record enters an information processing system that the recipient has designated or uses for the purpose of receiving electronic records or information of the type sent, in a form capable of being processed by that system, and from which the recipient is able to retrieve the electronic record.
LIMITED NON-COMMERCIAL LICENSE TO USE SITE
The Company hereby grants you the limited right to view and use the Site only for the purposes of accessing information for career purposes. The Company reserves the right to suspend or deny, in its sole discretion, your access to all or any portion of the Site as described in the section entitled Termination or Cancellation of Site Access; Modifications to Site. This license is limited to personal and non-commercial uses by you. Any rights not expressly granted to you herein are reserved to the Company. No portion of this Site is targeted to children, and any minor should seek consent of his or her legal guardian before using this site. Unless you have received specific written permission from the Company, you may not (a) “frame” or otherwise impose editorial comment, commercial material or any information or content on, or in proximity to, content displayed on the Site or (b) alter or modify any content on the Site. Without limiting other restrictions, you agree not to reproduce, transmit, sell, or otherwise exploit the Site for any commercial purpose.
SERVICE REFUND POLICY
IT Career Hero provides a set of professional CV, interview and career services. All sales are final. There is no trial or grace period after purchasing a service. Like any project, there will be multiple drafts, revisions and tasks that have to be executed from the moment the sale has been transacted. ITCareerHero’s employees will work with you throughout the Project process. As a result, there are no refunds once a service has been purchased.
OBLIGATIONS TO USERS
The Site may allow users to upload, post, and/or distribute user-submitted content, and use of the Site for this purpose is subject to the following conditions:
You understand that all user feedback, data, comments, suggestions, information, text, data, software, sounds, photographs, audio, audiovisual, video, artwork, graphics, messages and other materials of any nature (“Materials”) that are transmitted to or via the Site are the sole responsibility of the person from which the Materials originated. This means you, and not the Company, are entirely responsible for the Materials you transmit through the Site. Further, you understand that by using the Site you may be exposed to Materials that are offensive, objectionable or indecent.
You shall not upload to, distribute through or otherwise publish through the Site any Materials which are indecent, libelous, defamatory, obscene, threatening, invasive of privacy or publicity rights, abusive, illegal, harassing, contain expressions of hatred, bigotry, racism or pornography, or are otherwise objectionable, or that would constitute or encourage a criminal offense, violate the rights of any party or violate any law.
Your Materials will not disparage in any manner the Company, its Licensors, or their products, or services and sites. Should we find that you have produced such Materials, your account will be deactivated immediately.
Your Materials shall not infringe the copyright, trademark, publicity/privacy right or other intellectual property right of any third party.
You shall not upload to the Site any Materials that contain viruses or any other computer code, corrupt files or programs designed to interrupt, destroy or limit the functionality or disrupt any software, hardware, telecommunications, networks, servers or other equipment.
COPYRIGHTS AND TRADEMARKS
EXCEPT AS EXPRESSLY PROVIDED HEREIN BY THESE TERMS, NEITHER THE COMPANY, ITS AFFILIATES, NOR ANY THIRD PARTY HAS CONFERRED UPON YOU BY IMPLICATION, ESTOPPEL OR OTHERWISE, ANY LICENSE OR RIGHT UNDER ANY PATENT, TRADEMARK, COPYRIGHT OR OTHER PROPRIETARY RIGHTS TO USE THE SITE. NO OWNERSHIP RIGHTS ARE OR WILL BE ASSIGNED TO YOU.
The trademarks, service marks and logos used and displayed on the Site are the Company’s, or its subsidiaries’ or affiliates’, registered and unregistered trademarks. The Company is the copyright owner or authorized licensee of all text and all graphics contained on the Site. All trademarks and service marks of the Company, or its affiliates, that may be referred to on the Site are the property of the Company, or one of its affiliates. Other parties’ trademarks and service marks that may be referred to on the Site are the property of their respective owners. the Company aggressively enforces its intellectual property rights. Neither the name of the Company, its affiliates, nor any of the Company’s other trademarks, service marks or copyrighted materials may be used in any way, including in any advertising, hyperlink, publicity or promotional materials of any kind, whether relating to the Site or otherwise, without the Company’s prior written permission, except that a third party website that desires to link to the Site and that complies with the requirements of the Section entitled “Links From Third Party Sites” may use the name “ITCareerHero” in or as part of that link.
The Company will not tolerate copyright infringement and reserves the right to block, disable, or otherwise remove any content or materials uploaded to the Site as well as terminate access to the Site if you engage in copyright or other intellectual property infringement. The law provides for civil and criminal penalties for copyright and other intellectual property law infringements.
Displaying, performing, storing, copying, distributing, or otherwise making available or using any content from the Site is prohibited, unless specifically authorized by the Company. Accordingly no such content may be used on another web site without express written permission from the Company.
It is our policy not to permit materials known by us to be infringing to remain on the Site. If you believe that any content on the Site infringes your copyright, please contact the Company’s copyright agent, who can be reached as follows:
By mail: IT Career Hero, 57 Felhampton Road, London, SE9 3NT
By e-mail: firstname.lastname@example.org
Please be sure to include the following information: (a) a description of the copyrighted work you allege is being infringed upon (and registration information if such work is registered with the copyright office); (b) the location of the allegedly infringing material on the Site, (c) your signature (digital or hard-copy), (d) your address, telephone number, and e-mail address, and (e) a statement (notarized if possible and made under penalty of perjury that): (i) you are the copyright owner or are authorized to act on the copyright owner’s behalf; (ii) you believe in good faith that the rights of the copyright owner are being infringed, and that the uses of the allegedly infringing material are not authorized (either by the copyright owner, its agents, or applicable law).
SUBMITTING MATERIALS AND FEEDBACK
Unless you enter into a separate written agreement with the Company, the Company does not claim ownership in Materials you submit, however, by submitting Materials in any form to the Company, in addition to other provisions of the Terms, you automatically grant Company a royalty-free, world-wide, irrevocable, non-exclusive, and assignable right and license to use, copy, reproduce, modify, adapt, publish, edit, translate, create derivative works from, transmit, distribute, publicly display and publicly perform such Materials for the purpose of displaying and promoting the Materials on any website operated by, and in any related marketing materials produced by, the Company and its affiliates.
The Company owns all rights in any form, media, or technology incorporating the Materials,. Upon your payment of fees, the Company grants you an express, non-exclusive, nonassignable, and nonsublicensable right and license under Company’s intellectual property to use any materials drafted by the Company specifically for you. This license is limited to personal and non-commercial uses by you.
We hold the rights to use all comments, feedback, and ratings about our services for marketing purposes. In the event that feedback, ratings and comments are used in company marketing materials, we hold the right to use first names for our purposes and will keep all other personal information confidential.
You agree to indemnify and hold the Company, its parent company, affiliates, officers, agents, partners and employees harmless from any claim or demand, including reasonable attorneys fees, arising out of your content and materials, your use of the Site, your violation of these Terms or your violation of any third party’s rights including such party’s copyrights and trademarks.
DISCLAIMER OF WARRANTIES
EXCEPT IF EXPRESSLY PROVIDED OTHERWISE IN A WRITTEN AGREEMENT BETWEEN YOU AND THE COMPANY, THE SITE, SERVICES, AND MATERIALS ARE PROVIDED TO YOU “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTY OF ANY KIND, UNLESS SUCH WARRANTIES ARE LEGALLY INCAPABLE OF EXCLUSION. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF IMPLIED WARRANTIES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT FOR THE GUARANTEE SET FORTH ABOVE IN THE SECTION TITLED “SERVICE REFUND POLICY”, THE COMPANY GIVES NO WARRANTIES OR GUARANTEES REGARDING THE EFFECTIVENESS OR TIMELINESS OF THE SERVICES IN MEETING YOUR EMPLOYMENT NEEDS. THE COMPANY DOES NOT GUARANTEE THAT THE SERVICES WILL RESULT IN YOUR BEING HIRED, POSITIONS BEING FILLED, OR EMPLOYEES BEING RETAINED, AND THE COMPANY IS NOT RESPONSIBLE OR LIABLE FOR ANY BUSINESS, EMPLOYMENT, HIRING, SALARY AND/OR OTHER COMPENSATION DECISIONS THAT YOU MAKE, REGARDLESS OF THE REASON MADE.
ASSUMPTION OF RISKS
YOU AGREE TO ASSUME ALL RISKS THAT THE SITE, AND RELATED INFORMATION ARE SUITABLE OR ACCURATE FOR YOUR NEEDS AND WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE. ANY APPLICATIONS DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE SITE ARE AT YOUR OWN DISCRETION AND RISK AND YOU ARE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA. BY PARTICIPATING IN EMAIL EXCHANGES OR VISITING CHAT ROOMS YOU MAY BE EXPOSED TO RUDE, CRUDE, INDECENT, OR OTHER OFFENSIVE LANGUAGE OR REFERENCES. YOU AGREE THAT THE COMPANY, SHALL NOT BE RESPONSIBLE FOR ANY LOSS OR DAMAGE OF ANY SORT RELATING TO YOUR DEALINGS WITH ANY THIRD PARTY ADVERTISER OR CONTENT PROVIDER ON THE SITE.
TO THE MAXIMUM EXTENT ALLOWED BY LAW, YOU AGREE THAT NEITHER THE COMPANY NOR ANY OF THE COMPANY’S OFFICERS, DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS, PARTNERS AND/OR SUPPLIERS WILL BE LIABLE TO YOU AND/OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR INCIDENTAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, LOST PROFITS, LOSS OF PRIVACY OR FOR FAILURE TO MEET ANY DUTY, INCLUDING, BUT NOT LIMITED TO, ANY DUTY OF GOOD FAITH, LACK OF NEGLIGENCE OR OF WORKMANLIKE EFFORT) WHATSOEVER THAT MAY ARISE OUT OF OR BE RELATED TO THE SITE, SERVICES, AND/OR MATERIALS AND/OR ANY RELATED INFORMATION, OR TO ANY BREACH OF THESE TERMS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND EVEN IN THE EVENT OF FAULT, TORT (INCLUDING NEGLIGENCE) OR STRICT OR PRODUCT LIABILITY. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN SUCH STATES, THE LIABILITY OF THE COMPANY WILL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY APPLICABLE LAW.
LIMITATION OF LIABILITY AND EXCLUSIVE REMEDY
YOU AGREE THAT YOUR SOLE REMEDY FOR ANY BREACH OF THESE TERMS BY THE COMPANY, OR ANY OF THE COMPANY’S, AFFILIATES OR AGENTS SHALL BE, AT THE COMPANY’S OPTION, (1) REFUND OF THE AMOUNT THAT YOU PAID TO THE COMPANY YOU AGREE THAT THE DAMAGE EXCLUSIONS IN THESE TERMS SHALL APPLY EVEN IF ANY REMEDY FAILS OF ITS ESSENTIAL PURPOSE.
YOUR REPRESENTATIONS AND WARRANTIES
You represent and warrant for the benefit of the Company, the Company’s suppliers, and any third parties mentioned on the Site, in addition to other representations and obligations contained in these Terms, that: (a) you possess the legal right and ability to enter into and make the representations and warranties contained in these Terms; (b) all information submitted by you to the Site is true and accurate; (c) you will not use the Site for any purpose that is unlawful or prohibited by these Terms; (d) you are the owner of the Materials and they are original to you; (e) the Materials do not infringe any third party right, such as copyright, trademark, and publicity/privacy right; (f) the Materials do not constitute defamation or libel or otherwise violate the law, and (g) you agree to defend, indemnify, and hold the Company (and its employees, representative, agents, and assigns) harmless from breaches of (a) through (g).
LINKS TO THIRD PARTY SITES
The Site contains links to third party sites that are not under the control of the Company and the Company is not responsible for any content on any linked site. If you access a third party site from the Site, then you do so at your own risk. Company provides links only as a convenience and the inclusion of the link does not imply that Company endorses or accepts any responsibility for the content on those third party sites. Additionally, your dealings with or participation in promotions of advertisers found on the Site, including payment and delivery of goods, and any other terms (such as warranties) are solely between you and such advertisers. You agree that Company shall not be responsible for any loss or damage of any sort relating to your dealings with such advertisers.
LINKS FROM THIRD PARTY SITES
If a third party links to the Site, it is not necessarily an indication of an endorsement, authorization, sponsorship, affiliation, joint venture or partnership by or with the Company. In most cases, the Company is not even aware that a third party has linked to the Site. A third party website that links to the Site: (a) may link to, but not replicate, the Company’s content, (b) may not create a browser, border environment or frame the Company’s content, (c) may not imply that the Company is endorsing it or its products or services, (d) may not misrepresent its relationship with the Company, (e) may not present false or misleading information about the Company’s Services, (f) should not include content that could be construed as distasteful, offensive or controversial, and (g) should contain only content that is appropriate for all age groups.
The material displayed on our site is provided without any guarantees, conditions or warranties as to its accuracy. To the extent permitted by law, we hereby expressly exclude:
All conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity.
Any liability for any direct, indirect or consequential loss or damage incurred by any user in connection with our site or in connection with the use, inability to use, or results of the use of our site, any websites linked to it and any materials posted on it (whether by us or a third party), including, without limitation any liability for:
loss of income or revenue;
loss of business;
loss of profits or contracts;
loss of anticipated savings;
loss of data;
loss of goodwill;
wasted management or office time; and for any other loss or damage of any kind, however arising and whether caused by tort (including negligence), breach of contract or otherwise, even if foreseeable.
This does not affect any liability which cannot be excluded or limited under applicable law.
JURISDICTION AND APPLICABLE LAW
The English courts will have exclusive jurisdiction over any claim arising from, or related to, a visit to our site.
These Terms, as amended, your registration forms, and the disclosures provided by the Company and the consents provided by you, constitute the entire agreement between you and the Company. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. The Company’s failure to act with respect to a breach by you or others does not waive the Company’s right to act with respect to subsequent or similar breaches.
You agree that the Company may amend or modify these Terms or impose new conditions at any time by updating these Terms on the Site or upon notice from the Company to you as published through the Site or by email. Any use of the Site or order by you after such updating shall be deemed to constitute acceptance of such amendments, modifications, or new conditions. If you do not want to be bound by an amendment, you will need to terminate your registration, if any, and refrain from using the Site or using or ordering after that date. No other amendments will be valid unless they are in a paper writing signed by the Company and by you.
Except as expressly stated otherwise, any notices required or allowed under these Terms shall be given to the Company by postal mail to: 57 Felhampton Road, London, SE9 3NT, or as to a successor address that the Company makes available on the Site or through other reasonable manner. If applicable law requires that Company accepts email notices (but not otherwise), then you may send the Company email notice using the Company’s FAQ form email@example.com. With respect to Company’s notices to you, Company may provide notice of amendments by posting them in the Site and you agree to check for changes. Instead or in addition, the Company may give notice by sending email to the email address you provide during registration. Notice shall be deemed given 24 hours after it is posted or an email is sent, unless (as to email) the sending party is notified that the email address is invalid.
YOUR CONSENT TO THESE TERMS
By accessing and using the Site, you consent to and agree to be bound by the foregoing Terms. If we decide to change these Terms, we will make an effort to post those changes on this web page so that you will always be able to understand the terms and conditions that apply to your use of the Site.
If you have additional questions or comments of any kind, or if you see anything on the Site that you think is inappropriate, please let us know by e-mail firstname.lastname@example.org or by sending your comments to:
IT Career Hero
57 Felhampton Road
Attn: Customer Care – Website Issues