Smart Hire Terms & Conditions
USER LICENSE AGREEMENT
ABILITYMAP SMART HIRE
Last updated March 2023
Welcome to Ability Map Smart Hire – a configuration of Ability Map’s human assessment technology platform designed to provide insight into making more informed hiring decisions.
- Your acceptance of the Terms. These Terms are important – please read them carefully. Your use and continuing use of the Service is an acknowledgement that you have been given a reasonable opportunity to read the Terms and that you agree to abide by and be bound by the Terms.
- In these Terms:
- “Ability Imprint” in relation to a Candidate, means the report generated by the Ability Map Tool relating to the Candidate after the Candidate has completed an assessment, which report sets out a summary of the Candidate’s position across the Ability Map Capabilities and other benchmark measures from time to time, an explanation of the Ability Map Capabilities and other information including the Candidate’s name, email address, assessment results and other benchmark measures from time to time; for clarity, excludes the processes and algorithms applied to convert or translate Data relating to the Candidate into (a) the content set out in the report and (b) scales, capabilities, competencies and other benchmark measurements.
- “Ability Map Capabilities” means the name and detailed description of the behaviours, characteristics and performance expectations that an individual may have from time to time that will impact on their performance in a job or role; for example, the ability to manage resources, and the ability to work with words and numbers.
- “Associate” in relation to a party means the employees, officers, directors, contractors and agents of that party.
- “Candidate” means an individual registered on the Website and who has created an Ability Imprint.
- “Data” means facts and statistics about a Candidate including: name, contact details (such as address, email address, telephone number and other personal contact information), educational level, work history, job classification, interests, professional and other background information from time to time, answers to questions with respect to the Ability Map Capabilities and other benchmark measures, and other personal information about the individual.
- “Intellectual Property Rights” means any and all rights existing from time to time under patent law, copyright law, trade secret law, trademark law, unfair competition law, and any and all other proprietary rights, and any and all applications, renewals, extensions and restorations of the Service, now or in the future in force and effect worldwide.
- Your age. You must be at least eighteen (18) years of age to access the Service, or you must have parental or guardian consent to do so.
- Changes to the Terms. We may, without notice, update or otherwise change the Terms periodically, and any such changes will be posted to the Website. Your continuing use of the Service constitutes your agreement to be bound by any such changes. We are not obliged to notify you of any changes but we will endeavour to alert you to any significant changes.
- Our licence to you. In consideration of your agreement to comply with the Terms, we hereby grant you a non-exclusive, world-wide, non-transferable and revocable licence to use the Service in accordance with the Terms.
- Nature of the Service. You acknowledge and agree that:
- we may, at any time in our sole discretion and without prior notice, alter, amend, interrupt, reschedule, modify or cease the operation of all or any part of the Service; and
- the Service may not operate on a continuous basis, and may be unavailable from time to time (including for maintenance purposes).
- Service modification and availability. We reserve the right to modify the Service in whole or in part at any time in our sole discretion without any liability to you.
- Your password, login and self-registration link. You are responsible for maintaining the confidentiality of your password and login and you must not share your password or login with any other party. You are responsible for all activities that occur under your password and login. You must not share the self-registration link with any other party. You must immediately notify us at [email protected] of any unauthorised use of your password or login or any other breach or suspected breach of security in respect of the Service.
- What you must not do. In using the Service, you must not: (a) reproduce, make available online or transmit (electronically or otherwise), publish, adapt, create derivative works from, distribute or redistribute, transfer, broadcast, display, sell, license, perform, link, display or exploit in any other way and in any medium any part of the Service except through the functionality offered by the Service; (b) alter or modify any part of the Service; (c) breach any laws and regulations; (d) attempt to “hack”, decompile, disassemble, modify or reverse engineer any software deployed in connection with the Service, (e) circumvent, disable or otherwise interfere with security-related features of the Service.
- Ability’s Intellectual Property Rights. You acknowledge that (a) the Service contains proprietary and confidential information that is protected by applicable intellectual property and other laws, including copyright; (b) Ability owns the Intellectual Property Rights in the Service (including all modifications and updates), the Ability Imprint (including all modifications and updates), all anonymised Data generated or otherwise collected or processed from the Ability Imprint and the processes and algorithms applied to convert or translate Data into (i) the content set out in the Ability Imprint and (ii) scales, capabilities, competencies and other benchmark measurements, which you further acknowledge Ability has expended significant effort and resources to anonymise.
- Use of the Ability Imprint. Ability will:
- Disclose the Data and Ability Imprint only to a party who has invited (the “Inviter”) a Candidate to use Ability Map (including to register and create and/or share with the Inviter your Ability Imprint); and
- Authorise the Inviter to access and use the Data and Ability Imprint for purposes related to assessing your suitability for roles, teams or projects they are or may be seeking to fill, or for assessing a Candidate’s capabilities, competencies, strengths and development needs for various purposes,
provided in each case that a Candidate has accepted the invitation from the Inviter through the in-built functionality in Ability Map.
- No liability. To the full extent permitted by law, Ability, its related bodies corporate and Associates expressly disclaim any and all liability in connection with or arising from access to or use of any part of the Service whether or not caused by any negligent act or omission and whether damages are claimed in contract, tort (including negligence) or statute.
- No representations or warranties. To the full extent permitted by law, Ability and its Associates exclude all representations and warranties (in each case, whether express or implied) in respect of the completeness, accuracy, reliability, suitability or availability with respect to the Service and the information contained on any part of the Service for any purpose. Any reliance you place on any such content or information is strictly at your own risk.
- Terms subject to law. The Terms are to be read subject to any law which prohibits or restricts the exclusion, restriction or modification of any implied warranties, conditions or obligations. If any law prohibits the exclusion of such warranties, conditions or obligations, Ability limits its liability to the extent permitted by law, to the re-supply of the Service.
- Governing Law. These Terms are governed by and shall be construed in accordance with the laws of New South Wales, Australia. Any dispute arising in respect of these Terms shall be subject to the non-exclusive jurisdiction of the courts of New South Wales and the courts of appeal therefrom.