Welcome to the Happie website (the “Site”). These terms apply to everyone who visits the Site, and explain what you can do, what we can do, and what happens if one of us doesn’t follow the Terms. We encourage you to read our Terms and be sure that you are using our Site appropriately.
Please read the following carefully.
The following terms and conditions (“ Terms “) apply to all visitors and users of the Site, which is owned and operated by BeyondApps, Inc. (“ Happie “). By accessing the Site, and/or by using any of the various services available through the Site (“ Services “), you indicate your acknowledgment and acceptance of these Terms. PLEASE READ THE TERMS CAREFULLY BEFORE USING THE SITE AND ITS SERVICES. YOU AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS OF SITE THROUGH YOUR CONTINUED USE OF THE SITE. IF YOU DO NOT AGREE TO BE BOUND BY THE TERMS, YOU ARE NOT PERMITTED TO USE OR ACCESS THIS SITE OR THE SERVICES.
Please note that the Terms and any other policies or guidelines governing the Site and the Services are subject to change by Happie at any time in our sole discretion. Any changes will be effective upon the posting of the revisions on the Site. Your use of the Site and the Services will be subject to the most current version of the Terms posted on the Site at the time of such use. Your continued use of this Site and the Services after such changes are implemented constitutes your acknowledgment and acceptance of the changes. Please consult these Terms regularly. If you do not agree to any changes to these Terms, please immediately discontinue your use of the Site and the Services.
You also understand and agree that we may amend, alter, suspend or discontinue any aspect of the Site or the Services at any time, including the availability of any Site or Services features, content, functionality or aspect in our sole discretion without notice to you.
If you have reason to believe that your account is no longer secure (for example, following a loss, theft or unauthorized disclosure or use of your Registration Information), you must promptly change the affected Registration Information by using the appropriate update form on the Site, if available.
You understand that you have no proprietary rights in the Content and that the Third Party Providers retain all proprietary right, title or interest, including copyright, in their respective Third Party Content. Unless otherwise expressly provided elsewhere on the Site regarding particular Content, you may not copy, sell, license, transfer, publish, reproduce, modify, display, reverse engineer, decompile, disassemble, adapt, translate, transmit, arrange, bundle, sublicense, export, merge, loan, rent, lease, assign, share, outsource, host, distribute in any way, prepare derivative works based on, re-post, make available to any person or otherwise use, either directly or indirectly, any of the Content, in whole or in part, in an form or by any means whatsoever, be they physical, electronic or otherwise, except for personal or internal business use, without the prior written consent of Happie or the Third Party Providers. Happie grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to view and download Content from the Site and you may use such Content solely for your internal personal or internal business use only, provided you keep intact all copyright and other proprietary notices contained in the Content.
The Content, its organization, design, compilation, advertising and all other material on the Site, including without limitation, the “look and feel” of this Site and the Services, is protected under applicable United States and international copyright and other proprietary (including but not limited to intellectual property) laws and regulations and is the property of Happie and our Third Party Providers. The Site is a copyrighted work of Happie and we reserve all rights in and to the Site and the Services. The copying, scraping, rearrangement, redistribution, modification, use or publication by you, directly or indirectly, of any such Content or any part of the Site or the Services is strictly prohibited.
Other than connecting to our servers by http requests using a Web browser, you may not attempt to gain access to our servers by any means – including, without limitation, by using administrator passwords or by masquerading as an administrator while using the Site, the Services or otherwise.
You further agree that you will use this Site and the Services for lawful purposes only and represent and warrant that you will not use the Site or the Services to:
(a) download, post, e-mail or otherwise transmit any Submission that is unlawful, harmful, threatening, abusive, harassing, tortuous, homophobic, sexist, defamatory, vulgar, obscene, inflammatory, libelous, invasive of another’s privacy, hateful, or racially, ethnically or otherwise objectionable, including but not limited to any Submission which encourages conduct that would constitute a criminal offence, violate the laws of others or otherwise violates any applicable local, provincial, national or international laws, including harms minors in any way;
(b) download, post, e-mail or otherwise transmit any Submission that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as insider information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
(c) download, post, e-mail or otherwise transmit any Submission that infringes, misappropriates, or otherwise violates any third party’s copyright, patent, trade-mark, or other proprietary right of publicity or privacy, or encourages or enables any other party to do so;
(d) use the Site, the Services or any Content to post, e-mail or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, “junk mail,” “spam,” “chain letters,” “pyramid schemes,” or any other form of solicitation;
(e) upload, post, e-mail or otherwise transmit any Submission to the Site or the Services that contains software viruses or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment or that imposes an unreasonable or disproportionately large load on the Site’s infrastructure or limits the functionality of any Happie’s or third party computer hardware, software, networks, or hardware or telecommunications equipment;
(f) interfere with or disrupt the Site, the Services or servers or networks connected to the Site, including attempting to interfere with the access of any other user, host or network, including without limitation, overloading, initiating, propagating, participating, directing or attempting any “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” the Site or the Services or disobeying any requirements, procedures, policies or regulations of networks connected to the Site;
(g) use any manual or automated software, devices, scripts robots, other means or processes to monitor, access, retrieve, search, “scrape,” “crawl”, or “spider” any web pages or Content contained in the Site or the Services;
(h) use bots or other automated methods to access the Site or the Services, add or download contacts, send or redirect messages, or perform other activities through LinkedIn, unless explicitly permitted by Happie
(i) access, via automated or manual means or processes, the Site or the Services for purposes of monitoring the Site’s or Services’ availability, performance or functionality for any competitive purpose;
(j) engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Site or the Services;
(k) attempt to or actually access the Site or the Services by any means other than through the interfaces provided by Happie, which would include its mobile application or web links provided by Happie. This prohibition includes accessing or attempting to access the Site or the Services using any third-party service, including software-as-a-service platforms that aggregate access to multiple services, including the Site;
(l) attempt to or actually override any security component included in or underlying the Site;
(m) attempt to access or access any User account or login of any third party contained in the Site;
(n) intentionally or unintentionally violate any applicable local, provincial, national or international law, rule or regulation applicable in connection with the Site or the Services;
(o) collect or store personal information about other Users of the Site or disseminate such personal information through a Submission or otherwise;
(p) post or submit any inaccurate, false, misleading or incomplete information in any manner whatsoever, including resumes, biographical data or employment information;
(q) impersonate any person or entity or misrepresent yourself, your affiliation with any third party, or your entity/organization; or
(s) recruit for a position for any of the following:
(i) adult-oriented businesses (strip clubs, brothels, porn sites, internet models or any related advertising);
(ii) jobs that involve illegal activities;
(iii) deferred pay positions;
(iv) some positions that are paid by commission only; or
(v) any position which Happie, in its sole discretion, determines to be inappropriate for the Site.
Any breach of the above representations, covenants and warranties may result in termination of your use of the Site and the Services, and, if appropriate, referral to relevant law enforcement authorities. Happie reserves the right, but has no obligation, to monitor Submissions. However, Happie does reserve the right to delete, remove, refuse to display, or block any Submissions or material that in its sole opinion, violates or is alleged to violate, any applicable laws or Happie policies or otherwise considers to be unacceptable.
Additionally, by submitting or entering any Submission to the Site, you hereby grant to Happie a royalty-free, perpetual, irrevocable, worldwide, non-exclusive right and license to reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, copy, bundle, market, adapt, transmit, arrange, sublicense, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person, display or otherwise use any Submission communicated to Happie by you through this Site or the Services (including, without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein) and to incorporate any Submission in other works in any form, media, or technology now known or later developed, including for advertising and promotion purposes, for any purpose, whatsoever, without any duty to account to you. In addition, you irrevocably waive all of your moral rights as author in respect of such Submission, however arising. Happie will not be required to treat any Submission as confidential, and may use any Submission in its business without incurring any liability for royalties or any other consideration of any kind.
You further agree that Happie may disclose your Submissions to a third party if Happie believes that it is necessary to (i) protect the integrity of the Site; (ii) protect the rights of Happie; (iii) comply with any court order or legal proceeding; (iv) assert Happie’s rights under these Terms; or (v) satisfy any claims regarding violations of third party rights.
EXCEPT AS DESCRIBED ABOVE, EVERYTHING ON THE SITE, INCLUDING THE CONTENT, THE SERVICES AND ALL SUBMISSIONS, IS PROVIDED “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED. HAPPIE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, GUARANTEES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, QUIET ENJOYMENT OR NON-INFRINGEMENT OR THOSE ARISING OUT A COURSE OF DEALING OR USAGE OF TRADE. YOU ARE SOLELY RESPONSIBLE FOR ANY RESULTING DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT MAY ARISE FROM YOUR USE OF THE SITE, SERVICES AND CONTENT.
HAPPIE MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS REGARDING THE COMPLETENESS, ACCURACY, AVAILABILITY OR APPROPRIATENESS OF THE SITE, THE SERVICES, OR THE CONTENT OR THEIR USEFULNESS FOR YOUR PURPOSES. FOR GREATER CLARITY, HAPPIE DOES NOT REPRESENT OR WARRANT THAT (I) THE CONTENT CONTAINED IN THIS SITE OR THE SERVICES WILL BE UNINTERRUPTED, RELIABLE, ACCURATE, COMPLETE, SUITABLE, VALID, TRUTHFUL, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS IN ANY WAY; (II) ANY DEFECTS IN THE CONTENT WILL BE CORRECTED, OR THAT THIS SITE, THE SERVICES OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS; (III) THE USE OF THE CONTENT, THE SERVICES AND THE SITE WILL BE TIMELY, SECURE, OR ERROR-FREE; (IV) THE RESULTS THAT MAY BE OBTAINED FROM YOUR USE OF THE CONTENT, THE SITE OR THE SERVICES OBTAINED THROUGH THE SITE WILL BE ACCURATE, BENEFICIAL OR RELIABLE; OR (V) THE QUALITY OF ANY CONTENT OBTAINED BY YOU THROUGH YOUR USE OF THE SITE WILL MEET YOUR EXPECTATIONS. THE CONTENT MAY INCLUDE TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS, AND HAPPIE MAY MAKE CHANGES OR IMPROVEMENTS AT ANY TIME.
IN NO EVENT SHALL HAPPIE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, THIRD PARTY PROVIDERS, AGENTS OR ADVISORS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOSS OF INCOME, LOSS OF ANTICIPATED SALES, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION, FAILURE TO REALIZE UNEXPECTED SAVINGS, DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, LOSS OF GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES OR OTHER ECONOMIC LOSS ARISING FROM: (I) YOUR USE OR INABILITY TO USE THE SITE, THE SERVICES OR THE CONTENT OBTAINED THROUGH THE SITE OR ANY SITE TO WHICH YOU HYPERLINK FROM THE SITE; (II) ANY THIRD PARTY CLAIMS THAT THE USE BY YOU OF THE CONTENT, THE SERVICES OR THE SITE VIOLATES ANY THIRD PARTY INTELLECTUAL PROPERTY RIGHT OR PRIVACY RIGHT; (III) ANY FAILURE OF PERFORMANCE OF THE SITE, THE SERVICES OR THE CONTENT, WHETHER RELATED TO ERROR, OMISSION, INTERRUPTION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUSES OR LINE FAILURE; (IV) ANY DAMAGES ARISING FROM COMMUNICATIONS OR TRANSACTIONS WITH OTHER USERS OF THE SITE, OR PERSONS THAT YOU MEET THROUGH THE SITE OR (V) ANY OTHER MATTERS RELATING TO THIS SITE, THE SERVICES, ANY SUBMISSIONS OR THE CONTENT, BASED IN CONTRACT, NEGLIGENCE, STRICT LIABILITY, FUNDAMENTAL BREACH, FAILURE OF ESSENTIAL PURPOSE OR OTHERWISE, WHETHER OR NOT SUCH HAPPIE HAD ANY KNOWLEDGE, ACTUAL OR CONSTRUCTIVE, THAT YOU MIGHT INCUR SUCH DAMAGES.
CANDIDATES FURTHER UNDERSTAND AND AGREE THAT HAPPIE (I) DOES NOT WARRANT THAT YOU WILL RECEIVE ANY EMPLOYMENT OR JOB OFFERS THROUGH THE SITE; AND (II) SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT OFFERS, EMPLOYMENT SCREENINGS, HIRING DECISIONS, OR ANY ACTUAL EMPLOYMENT OPPORTUNITIES PRESENTED BY EMPLOYERS. CANDIDATES MUST USE THEIR OWN JUDGMENT, CAUTION, AND COMMON SENSE IN EVALUATING AND/OR ACTING UPON ANY JOB OPPORTUNITIES AVAILABLE THROUGH THIS SITE OR ANY LINKED SITE.
HAPPIE EXPRESSLY DISCLAIMS ANY AND ALL SUCH ABOVE REPRESENTATIONS, WARRANTIES AND CONDITIONS TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW. CERTAIN JURISDICTIONS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AND IN SUCH EVENT, HAPPIE’S AGGREGATE LIABILITY TO YOU FOR ANY DAMAGES SHALL NOT EXCEED US $1000.00 (ONE THOUSAND US DOLLARS).
(b) Payment. You may pay for Services by using: (i) a valid credit card acceptable to Happie as described on the Site; or (ii) such other form of payment as Happie may permit from time to time. Happie may obtain a pre-approval from the applicable credit card company for amounts payable to Happie by you. You are responsible for the payment of all taxes applicable on the Services in your jurisdiction.
(c) Guarantee. Happie offers Employers a guarantee on purchased Services. If, at any time within thirty (30) days of your purchase of the Services, you are not satisfied, we will grant you the full use of another Service of equal or lesser value You must speak with your hiring consultant via telephone. You will need to provide the description of the Services purchased, and the reason you were not satisfied.
(b) Termination. You acknowledge and agree that these Terms will remain in effect for so long as you use this Site or any Services. You agree that these Terms can only be terminated by you once you have stopped using the Site or the Services. Happie reserves the right to terminate your use of the Site or the Services at any time, for any reason, with or without cause, if Happie believes that you are violating these Terms in any way. Happie also has the right, in its sole discretion, to remove any Submissions or other content of yours from the Site. If you wish to terminate your account, you many choose to cease your use of the Site or the particular Service or to send Happie notification by e-mail at email@example.com
(c) Entire Terms. These Terms and any other legal notices, policies and guidelines of Happie linked to these Terms constitute the entire agreement between you and Happie relating to the subject matter hereof and supersede any prior understandings or agreements (whether oral or written), claims, representations, and understandings of the parties regarding such subject matter and the Terms may not be amended or modified except in writing or by making such amendments or modifications available on this Site.
(d) No Agency; Third Party Beneficiary. Happie is not your agent, fiduciary, trustee, or other representative. Nothing expressed or mentioned in or implied from these Terms is intended or will be construed to give to any person other than the parties hereto any legal or equitable right, remedy, or claim under or in respect to these Terms. These Terms and all of the representations, warranties, covenants, conditions, and provisions hereof are intended to be and are for the sole and exclusive benefit of Happie, you, and relying Third Party Providers.
(e) Assignment. You may not assign, convey, subcontract or delegate your rights, duties or obligations hereunder.
(f) Severability. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
(g) No Waiver. Happie will not be considered to have waived any of its rights or remedies described in these Terms unless the waiver is in writing and signed by Happie. No delay or omission by Happie in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Happie’s failure to enforce the strict performance of any provision of these Terms will not constitute a waiver of Happie’s right to subsequently enforce such provision or any other provisions of these Terms.
(h) Headings. The headings used in these Terms are included for convenience only and have no legal or contractual effect and will not affect the construction or interpretation of these Terms.
Last updated: September 1, 2014