1. Introduction. These Job Seeker Terms of Service govern your access to and use of the Deputy Hire products and services (the “Deputy Hire Services”) and comprise a legally binding contract between you (a “Job Seeker”) and Deputy. Each time you access or use the Deputy Hire Services, (a) you represent that you have read and understand the Privacy Policy, and (b) you are agreeing to the terms and conditions of these Job Seeker Terms of Service and the Acceptable Use Policy, which is incorporated by reference into these Job Seeker Terms of Service (collectively the “Agreement”). For purposes of the Agreement, “Deputy” refers to the applicable Deputy entity listed below:

• If you are located within the United States, Deputy Hire is provided by Deputy Corporation, Two Embarcadero Center, 8th Floor, San Francisco, CA 94111.

• If you are located in the United Kingdom, Deputy Hire is provided by Deputy EMEA Ltd., Herschel House, 58 Herschel Street, Slough, SL1 1PG UK.

• If you are located outside the United States and United Kingdom, Deputy Hire is provided by Deputec Pty Ltd, Level 13, 580 George Street, Sydney NSW 2000.

2. Job Ads. Deputy may make available job listings created by third parties (“Employers”) that advertise employment opportunities (“Job Ads”). Searching for, and responding to, Job Ads is free for Job Seekers. Employers may compensate Deputy for posting Job Ads, and all Job Ads are considered advertising. Job Ads are created by third parties over whom Deputy exercises no control. You understand and acknowledge that Deputy has no control over the content of Job Ads, or any terms that Employers may impose on Job Seekers who apply or respond to Job Ads. You acknowledge that Deputy has no obligation to screen Job Ads, or to include Job Ads in Deputy Hire search results or listings. You also acknowledge that Deputy has no obligation to present you with any or all job ads and Deputy may exclude Job Ads from Deputy Hire in its sole discretion. Deputy cannot confirm the legitimacy, accuracy or completeness of any Job Ad or job offer. Job Seekers are solely responsible for verifying the legitimacy of Job Ads and job offers, and Deputy assumes no responsibility for, and disclaims all liability for the content of any Job Ad or job offer. Please note that Job Ads may expire between the time you submit your application and the time it is received by an Employer. Deputy has no responsibility for any expired Job Ads or for delivering applications prior to a Job Ad’s expiration. 

3. Your Job Seeker Data. As a Job Seeker, you may take a variety of actions within the Deputy Hire Services and provide various information (collectively your “Job Seeker Data”). All Job Seeker Data is subject to the terms of this Agreement, including Deputy’s Privacy Policy. By using Deputy Hire Services, you are requesting and authorising Deputy to make available your Job Seeker Data to Employers. When you provide Job Seeker Data to an Employer via Deputy Hire, Deputy does not have control over the Employer’s use or disclosure of such information or their compliance with applicable laws, including data privacy laws. If you want to request that an Employer delete, modify, or maintain confidence over any of your Job Seeker Data, you must make such request directly to the Employer. 

4. Requests for Accommodations. Employers are solely responsible for offering alternative methods of responding to Job Ads and participating in the screening and hiring process, if so required by the Americans with Disabilities Act or any similar laws. If you require accommodations for a disability, or alternative methods for responding to a Job Ad or otherwise participating in an Employer’s screening and hiring process, you must approach the Employer directly to request such accommodations.

5. Compliance with Laws. By using Deputy Hire, you acknowledge and agree that Employers are solely responsible for the content of Job Ads, the qualifications and requirements for the jobs, and their interaction with you during the hiring process. YOU UNDERSTAND AND AGREE THAT THE EMPLOYER IS RESPONSIBLE FOR COMPLYING WITH APPLICABLE LAWS REGARDING ITS EMPLOYMENT AND HIRING PRACTICES, INCLUDING ANTI DISCRIMINATION LAWS (E.G., TITLE VII OF THE CIVIL RIGHTS ACT OF 1964, THE AGE DISCRIMINATION IN EMPLOYMENT ACT, AND THE AMERICANS WITH DISABILITIES ACT), PAY TRANSPARENCY LAWS, LAWS PERTAINING TO BACKGROUND CHECKS (E.G., THE FAIR CREDIT REPORTING ACT), AND DATA PROTECTION AND PRIVACY LAWS. DEPUTY DISCLAIMS ALL LIABILITY AND MAKES NO WARRANTY THAT EMPLOYER’S USE OF THE DEPUTY HIRE SERVICES COMPLIES WITH APPLICABLE LAWS, INCLUDING TITLE VII OR ANY OTHER APPLICABLE LAW. Deputy has no control over nor participates in the hiring or decision-making process regarding Employer hiring efforts. Further, you understand that Deputy is not an employment agency by offering Deputy Hire Services. By using Deputy Hire Services, you understand that Deputy is not procuring employees for Employers or opportunities for Job Seekers. Deputy merely provides Deputy Hire Services as a tool that enables Employers and Job Seekers to exchange information as they determine.

6. Fraud Prevention. You acknowledge that as part of its efforts to combat fraud and spam, Deputy Hire may require that Job Seekers verify their email address. When you apply to a job through Deputy Hire, you agree that you may be required to verify your email address, and that failure to verify may lead to your application being rejected.

7. Virtual Communications. You may have the option to create a video message, or participate in virtual, pre-recorded, or remote communications with Employers via Deputy Hire (“Virtual Communications”).. You understand and agree that Deputy is not a telecommunications service provider and that Deputy is providing Virtual Communications functionality via third-party providers. Such Virtual Communications may depend on the functionality of the third-party provider(s) and there may be technical issues with such communications. Deputy does not guarantee any aspect of your Virtual Communications experience including transmission of video communications, quality of audio and/or visual content, data security, data usage, and restrictions. Deputy is not liable for any claims arising out of your use of Virtual Communications and you release Deputy from any such claims.

8. Screening Questions. Deputy Hire may make screening tools available to Employers for use in the hiring process, including screening questions. Deputy Hire is licensing these tools for Employers’ use as determined by Employers. You understand and acknowledge that the questions asked are solely in Employers’ discretion and Employers bear the sole responsibility for the content of any screening questions. 

9. LIMITATION OF LIABILITY. IN NO EVENT WILL YOU OR DEPUTY HAVE ANY LIABILITY TO THE OTHER FOR ANY LOST PROFITS OR REVENUES OR FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER OR PUNITIVE DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT OR UNDER ANY OTHER THEORY OF LIABILITY, AND WHETHER OR NOT THE PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU WILL HAVE NO FINANCIAL LIABILITY TO US FOR A BREACH OF THIS AGREEMENT. OUR MAXIMUM AGGREGATE LIABILITY TO YOU FOR ANY BREACH OF THE AGREEMENT IS ONE HUNDRED DOLLARS ($100) IN THE AGGREGATE. THE FOREGOING DISCLAIMERS WILL NOT APPLY TO THE EXTENT PROHIBITED BY APPLICABLE LAW AND DO NOT LIMIT EITHER PARTY’S RIGHT TO SEEK AND OBTAIN EQUITABLE RELIEF. 

10. Licence. When you provide Job Seeker Data, you grant Deputy a licence to use it for purposes of providing, updating, and maintaining the Deputy Hire Services. No compensation in any form shall be due or payable to you in connection with Deputy’s exercise of its rights under the licence granted under this Section. To the extent any compensation may be due under applicable law as a result of, or in connection with, Deputy’s exercise of these rights, you hereby waive any and all rights to such compensation to the maximum extent permitted under applicable law. Deputy shall terminate this licensed use within a commercially reasonable term after Job Seeker Data has been removed from the Deputy website. Deputy reserves the right to refuse to accept, post, display or make available any Job Seeker Data at its sole discretion.

To any extent that such Job Seeker Data contains your name, likeness, voice or image, you hereby irrevocably waive all legal and equitable rights relating to claims for violation of your rights of publicity (or any similar claims) arising directly or indirectly from Deputy’s exercise of its rights pursuant to the licence granted hereunder. 

You represent and warrant that: (i) you own the Job Seeker Data that you provide, or that you have the right to grant this licence, (ii) your Job Seeker Data, and Deputy’s use of it, will not violate applicable law or the privacy rights, publicity rights, copyrights, contract rights, intellectual property rights or other rights of any person, and (iii) use of your Job Seeker Data will not result in any breach of contract between you and any third party. You agree to pay for all royalties, fees, damages, and any other monies owed to any person by reason of such Job Seeker Data. You agree to release and hold harmless Deputy and its affiliates from any claims resulting from any such Job Seeker Data. If you wish to request to revoke the licence granted by you in this Section for any such Job Seeker Data, please send a certified letter of request to the postal address listed above.  Your certified letter of request must include (a) the signature of the applicable rights holder for such Job Seeker Data or a person authorised to act on behalf of the rights holder; (b) identification of the Job Seeker Data for which the licence is to be revoked, and information reasonably sufficient to allow Deputy to locate and remove such Job Seeker Data; (c) your name, address, telephone number, and email address; (d) a statement that you have a good faith belief that you are the rights holder or authorised by the rights holder to revoke the licence for the designated Job Seeker Data; and (e) a statement that the information in the request is accurate, and under penalty of perjury, that you are the rights holder or are authorised to act on behalf of the rights holder with respect to such Job Seeker Data. 

11. Feedback. At your discretion, you may provide feedback or opinions about Deputy or the Deputy Hire Services, such as identifying potential errors, improvements, modifications, bug fixes, or enhancements (“Feedback”). Deputy is free to use such Feedback without any additional compensation to you, and free to disclose such Feedback on a non-confidential basis or otherwise to anyone.  If you provide Feedback to Deputy, you hereby grant to Deputy a nonexclusive, worldwide, perpetual, irrevocable, royalty-free right and licence to make, use, sell, sublicense, reproduce, distribute, perform, display, prepare derivative works from and otherwise exploit all such Feedback for any purpose without restriction. Deputy may disclose any or all Feedback to any third party in any manner, and may sublicense any or all Feedback in any form to any third party without restriction. Accepting any Feedback does not constitute a waiver of any rights to use similar or related ideas previously known to Deputy, or developed by its employees, or obtained from sources other than you.

12. Commercial Use Only. The Deputy Hire Services are intended for commercial use by businesses and organisations and not for consumer purposes or use by minors. To the maximum extent permitted by law, you hereby acknowledge and agree that consumer laws do not apply. If however any consumer laws do apply and cannot otherwise be lawfully excluded, nothing in this Agreement will restrict, exclude or modify any statutory warranties, guarantees, rights or remedies you have, and our liability is limited (at our option) to the replacement, repair or resupply of the Deputy Hire Services. 

13. Marketing and Promotional Communications. By using Deputy Hire, you consent to receive communications from Deputy relating to Deputy, the Deputy Hire Services, or other marketing or promotional communications. If you wish to revoke your consent, please notify Deputy at legal@deputy.com.

14. Notices. Except as otherwise set out in the Agreement, all notices under the Agreement will either be by email or through the Deputy Hire Services. Notices to Deputy must be sent to legal@deputy.com. A notice will be deemed to have been duly given (a) the day after it is sent, in the case of a notice sent through email; and (b) the same day, in the case of a notice sent through the Deputy Hire Services. If you have any questions about the Agreement, you may contact us at legal@deputy.com. 

15. Updates to Agreement. If Deputy makes a material change to the Agreement, we will provide you with reasonable notice prior to the change taking effect either by emailing the email address associated with your account or by messaging you through the Deputy Hire Services. You can review the most current version of the Agreement at any time by visiting www.deputy.com/terms. Any material revisions to the Agreement will become effective on the date set forth in our notice, and all other changes will become effective on the date we publish the change. If you use the Deputy Hire Services after the effective date of any changes, that use will constitute your acceptance of the revised terms and conditions. 

16. No Waiver. No failure or delay by either party in exercising any right under the Agreement will constitute a waiver of that right. No waiver under the Agreement will be effective unless made in writing and signed by an authorised representative of the party being deemed to have granted the waiver. 

17. Interpretation. The Agreement will be enforced to the fullest extent permitted under applicable law. If any provision of the Agreement is held by a court of competent jurisdiction to be contrary to law, the provision will be modified by the court and interpreted so as best to accomplish the objectives of the original provision to the fullest extent permitted by law, and the remaining provisions of the Agreement will remain in effect. 

18. No Assignment. You may not assign any of your rights or delegate your obligations under the Agreement, whether by operation of law or otherwise, without the prior its entirety (including all terms and conditions incorporated herein by reference), without your consent, to a corporate affiliate or in connection with a merger, acquisition, corporate reorganisation, or sale of all or substantially all of our assets. 

19. Governing Law and Venue. The Agreement, and any disputes arising out of or related hereto (“Dispute”), will be governed exclusively by the laws of the state of California, if you are located in the United States; the laws of England and Wales, if you are located in the United Kingdom; or the laws of New South Wales Australia, 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 the courts located in San Francisco County, California, USA if you are located in the United States; or London, England if you are located in the United Kingdom; or Sydney, Australia, if you are located elsewhere. You consent to the exclusive personal jurisdiction of the federal or state courts located in those venues. 

20. Jury Trial Waiver. 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 Deputy Hire Services. 

21. Prevailing Party Fees. In any action or proceeding to enforce rights under the agreement, the prevailing party will be entitled to recover its reasonable costs and attorney’s fees. 

22. Class Action Waiver. By using the Deputy Hire Services, you acknowledge that Deputy can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Deputy Hire Services, you agree not to sue Deputy 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 Deputy regarding your use of the Deputy Hire Services. Additionally, as a Job Seeker, you acknowledge that your use of the Deputy Hire Services is not purchased. Your acceptance of this Agreement, including this Class Action Waiver, is an essential part of the bargain allowing your free use of the Deputy Hire Services. If you do not agree to any part of the Agreement, do not continue your use of the Deputy Hire Services. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 5 above.

23. Entire Agreement. The Agreement, including any terms incorporated by reference into the Agreement, constitute the entire agreement between you and Deputy pertaining to the Deputy Hire Services, and supersede all prior and contemporaneous agreements, proposals or representations, written or oral, concerning its subject matter. To the extent of any conflict or inconsistency between the provisions in this Agreement and any page listed in this Agreement, the terms of this Agreement will first prevail, followed by the pages referenced in this Agreement (e.g., the Privacy Policy)