Date of Last Revision: March 1, 2023
1. Introduction
1.1 Fairness and Accuracy
Vitay provides reference checking functionality where we process personal data on behalf of employers and candidates. You agree to provide fair and accurate information when interacting with the services.
As a Visitor of our Services, the collection, use and sharing of your personal data is subject to our Privacy Policy (which includes our Cookie Policy and other documents referenced in this Privacy Policy) and updates.
1.2 Members and Visitors
If you register and join the Vitay Service, you become a Member. If you have chosen not to register for our Services, you may access certain features as a “Visitor.” Candidates and Referees are classified as Visitors
1.3 Change
We may modify our Terms of Service, our Privacy Policy and our Cookies Policies from time to time. We agree that changes cannot be retroactive. Your continued use of our Services after we update these documents means that you are consenting to the current terms.
2. Obligations
2.1 Service Eligibility
The Services are not for use by anyone under the age of 16.
To use the Services, you agree that: (1) you must be the “Minimum Age” (described below) or older; (2) you will only have one Vitay account, which must be in your real name; and (3) you are not already restricted by Vitay from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for Vitay to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
If you register an account, you agree to: (1) try to choose a strong and secure password; (2) keep your password secure and confidential; (3) not transfer any part of your account (e.g., connections) and (4) follow the law and our list of Dos and Don’ts and Professional Community Policies.
2.3 Payment
Candidates and Referees do not provide payment to Vitay when using the services
2.4 Notices and Messages
You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us or contact us at [email protected].
2.5 Sharing
Information and content that you share or post may be seen by other Members, Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, sharing content only to Vitay connections, restricting your profile visibility from search engines, or opting to restrict the messages your Vitay profile receives). If you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3. Rights and Limits
3.1 Your Privacy rights are governed by the Privacy Policy
3.2 FCRA Compliance
The information collected by us is for the purposes outlined in these terms of service.
The information obtained in any reports will be used for no other purposes except those identified in these terms of service.
Sureswift Capital, Inc. complies with the FCRA’s disclosure requirements and with the FCRA’s pre- and post-adverse action requirements and any data obtained by us will not be used in violation of any equal opportunity laws.
On request, we will disclose to consumers that our reports will be or have been requested, and will provide the nature and scope of the investigation to the consumer upon request.
4. Disclaimer and Limit of Liability
4.1 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, VITAY AND ITS AFFILIATES (AND THOSE THAT VITAY WORKS WITH TO PROVIDE THE SERVICES) (A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NONINFRINGEMENT); (B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND (C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS VITAY HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS AGREEMENT), VITAY AND ITS AFFILIATES (AND THOSE THAT VITAY WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF VITAY AND ITS AFFILIATES (AND THOSE THAT VITAY WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND VITAY AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF Vitay OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
5. Governing Law and Dispute Resolution
You and Sureswift Capital, Inc. agree that the laws of the Province of British Columbia, Canada, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and Sureswift Capital, Inc. both agree that all claims and disputes can be litigated only in the British Columbia Courts, in Canada and you and Vitay each agree to personal jurisdiction in those courts.
6. General Terms
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
7. Vitay “Dos and Don’ts”
7.1. Dos
You agree that you will:
– Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
– Provide accurate information to us and keep it updated;
-Use your real name on your profile; and
– Use the Services in a professional manner.
7.2. Don’ts
You agree that you will not:
– Create a false identity on Vitay, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
– Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
– Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
– Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Sureswift Capital, Inc.;
– Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
– Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
– Violate the intellectual property or other rights of Vitay, including, without limitation, (i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “Vitay” or our logos in any business name, email, or URL;
– Post anything that contains software viruses, worms, or any other harmful code;
– Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
– Imply or state that you are affiliated with or endorsed by Vitay without our express consent (e.g., representing yourself as an accredited Vitay trainer);
– Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Sureswift Capital, Inc.’s consent;
– Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Sureswift Capital, Inc. consent;
– Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
– Monitor the Services’ availability, performance or functionality for any competitive purpose;
– Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
– Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
– Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
– Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
8. Complaints Regarding Content
We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. If you want to send us notices or service of process, please contact us at [email protected].
