PULSIFI TERMS OF USE

 

1. General

 

1.1 Acceptance of these Terms of Use. Please read these terms carefully. By using this Platform or Services (as defined below), you agree that you have accepted and agree with these Terms of Use, and warrant that you are authorized and permitted to do so (whether on your own behalf or on behalf of the entity, business or company you represent – “Organisation”). In order to use the Platform or Services, you must agree to these Terms of Use and the representations you have made below. If you do not agree to these Terms of Use, please do not use the Platform or Services.

1.2 Legally binding. These Terms of Use constitute a legally binding agreement between you (whether as an individual or an Organisation) and Pulsifi Pte. Ltd. (Company No: 201632137C) (“we”, “us” or the “Company”). The Company operates the portal at https://www.pulsifi.me and other related portals and mobile applications with links to these Terms of Use (collectively, the “Platform” or “Pulsifi”).

1.3 Services. We offer a talent insights platform utilising big data and artificial intelligence to enable employers to strategically recruit, retain, develop, engage and deploy their talent. Our platform, processes and software provide employers with a unique and holistic profile of both candidates and employees including analysis of hard and soft skills and personality, assessments and psychometric profiling, monitoring and predictions of fit to role, and subsequently, fit to team and fit to organization. For applicants and jobseekers, our Platform allows them to post their resume, answer questions, respond directly to job vacancies and at their option, share their social data and take psychometric and other assessment tests (collectively, the “Services”). For employees our Platform allows them to access the Services save for responding to any external job vacancies. Additionally, our Platform enables both employers and users access to various related third party services and products. Please note that the Platform and Services may change from time to time in response to market requirements and features may change or be added. The Platform or Services may be stopped, suspended or changed without prior notice to you.

1.4 Changes to Terms of Use. The Company reserves the right to modify, vary and change the Terms of Use or any of its policies at its discretion. Such modifications, variations and changes to the Terms of Use or policies are effective upon the posting of an updated version or notification at http://www.pulsifi.me. The continued use of the Platform or Services after any such changes are made, shall constitute your agreement to such changes.

 

2. REGISTRATION, JOB VACANCIES, RESUMES AND ASSESSMENTS

 

2.1 Registration and Account. To access the Services and use the features of the Platform, you will be requested to register by creating an online profile and activating your account. Upon successful activation of the account, you will have access to a dashboard to view and maintain your online profile and upload and maintain electronic documentation. Please note that if you do not provide the requested information and/or documentation, you may not be able to complete your post or have access to the Services. If you are an employee of our clients, your employer may at their discretion create your registration and online profile on your behalf, and your login credentials will be shared with you via your company email address.

2.2 You agree to provide accurate and complete information when you register and post any information and to keep that information updated and accurate. When registering an account, you shall not use as an account name the name of another person/entity with the intent to impersonate that person/entity. We reserve the right to refuse registration of an account or suspend or cancel it at our discretion.

2.3 Username and password. You are responsible for keeping your username and password confidential and secure and preventing unauthorized access to your account. You are solely responsible for all activities occurring through or using your username, password, registration, account or dashboard and you agree to promptly inform us of any actual or threatened breach of any of the same. We are not responsible for any loss or damage whatsoever arising from any breach of these obligations.

2.4 Job Vacancies and Resumes. Employers will be able to post job vacancies (“Job Vacancies”) and applicants will be able to post (and edit) their resume [and also respond to such Job Vacancies]. Employers may also upload resumes of potential candidates and employees to the Platform. Employers may at their option upload further information about their employees including but not limited to appraisals, performance reviews, assessment results, learning and development data. Employers warrant and will ensure that such candidates consent to the use of their resumes and personal information in the manner set out in these Terms of Use and the Personal Data Protection Notice. All applicants, candidates and employees (collectively referred to as “users”) consent to the use of their resumes and all information provided in the manner as envisages in these Terms of Use and the Personal Data Protection Notice. Employers may invite users to respond to their Job Vacancy and will be able to access their profile and fit to role score.

2.5 Employers must provide Job Vacancies containing all the necessary information to enable the provision of the Services and must recruit in accordance with the information set out in the Job Vacancies. All Job Vacancies provided by Employers are subject to our review and approval and we reserve the right (but not the obligation) to review or reject any such Job Vacancies, including the right to remove or modify any part (or all) of the Job Vacancies which may be in breach of these Terms of Use or applicable laws.

2.6 Worldwide licence. Employers grant us a worldwide, royalty-free licence to use, distribute and disseminate the Job Vacancies on the Platform or in connection with any other resources or services owned, operated or managed by or for us of any of our affiliates. Users grant us a worldwide, royalty-free licence to use, distribute and disseminate their resumes and information provided or collated on the Platform or in connection with any other resources or services owned, operated or managed by or for us or any of our affiliates. Employers are responsible for the contents of all Job Vacancies and users are responsible for the contents of all resumes and information provided, to ensure they are accurate, complete and not misleading and have obtained all required licences, consents and authorisations for our intended use of such Job Vacancies, resumes and information. Employers and users agree that all their communication with each other and to/through the Platform will be professional and accurate.

2.7 Social media. Users have an option to share certain personal information through their social media accounts to our Services. By doing so, they allow us to access and use such social media in connection with the Services and/or Platform. This social media connection may be terminated at the user’s request, but will not affect social media which has been shared, accessed or used prior to such termination.

2.8 Assessments. Users can opt for or agree to take psychometric and other assessments and tests provided by us or other third parties (collectively referred to as “Assessments”) and to receive the results of such Assessments. Users agree that such Assessments and the profiles will be shared with employers in connection with Job Vacancies applied for or in connection with talent management if the users are employees. Employers may request for such Assessments to be administered and obtain the results. The charges for such Assessments and/or profiles are as specified on the Platform and employers and users agree to pay the applicable charges.

2.9 The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, condition, value and accuracy. We do not warrant that the Assessments or profiles will satisfy employers’ requirements or that the results of the Assessments or profiles are an accurate measure of any user’s ability, characteristics, personality, aptitude or attitude in any area of assessment.

 

3. REPRESENTATIONS AND WARRANTIES

 

3.1 Proper authority and capacity. By using the Services and/or registering an account, you expressly represent and warrant that you are legally entitled to accept and agree to these Terms of Use and that you are at least eighteen (18) years old. The Services are not intended for any persons below 18 years of age. By using the Services and/or registering an account on behalf of any Organisation, you represent and warrant that you have the right, authority and capacity to do so and to abide by these Terms of Use on behalf of such Organisation.

3.2 Use of Platform and Services. You confirm that your use of the Platform and Services is on your own behalf or directly on behalf of the Organisation which you represent, and you are in no way, re-selling, commercialising or distributing the Services. You undertake not to allow others to use your identity or account, and you may not assign or otherwise transfer or lend your account to any other person or entity.

 

4. ACCESS RIGHTS, CONTENT & THIRD PARTY SERVICES

 

4.1 Access Rights. Subject to you complying with these Terms of Use and the registration requirements, we grant to you a limited, non-exclusive, revocable, non-transferable, non-sublicensable right to access the Platform and use the Services solely for a user’s personal non-commercial use or solely for an employer’s internal business purposes and only as permitted under these Terms of Use and any separate agreements you may have entered into with us (“Access Rights”). We reserve the right, in our sole discretion, to deny or suspend use of the Platform or Services to anyone for any reason.

4.2 Prohibited use. You agree that you will not, and will not attempt to: (a) impersonate any person or entity, or otherwise misrepresent your affiliation with a person or entity; (b) use the Platform or Services to violate any applicable law, regulations or guidelines; (c) reverse engineer, disassemble, decompile, or translate any software or other component of the Platform or Services; (d) distribute viruses or other harmful or invasive computer code through the Platform; (e) abuse, defame, libel, threaten, intimidate, harass, humiliate or offend any person or entity; (f) use the Platform or Services in any way which may be obscene, offensive, indecent, seditious, inappropriate, objectionable or unacceptable as we may determine; (g) use the Platform or Services in any way which may interfere with or disrupt their proper functioning or our systems or networks; (h) use the Platform or Services in any way to sell or promote any products, services or take any action that is inconsistent with the intended purpose of the Platform or Services; (i) reproduce, duplicate, copy, resell, or exploit for any prohibited commercial purposes, any portion of or access to the Platform or Services; (j) frame or mirror any part of the Platform; (k) create links that are misleading, unfair or illegal or which suggest an association, approval or endorsement by us (where in fact there is none); (l) access or attempt to access other accounts on the Platform without authorisation; (m) engage in any data mining or scraping (including using automated means such as spiders, robots, crawlers, data-mining, extraction tools or the like) or any automated methodology, algorithm or any process to monitor, copy, download or otherwise access data from the Platform/Services without authorization; or (n) otherwise use the Services or Platform in any manner that exceeds the scope of use granted under these Terms of Use. We may suspend or terminate your account or access to the Platform and/or Services for breach of the restrictions set out in the above section. We may further terminate your account or access to the Platform and/or Services for breach of these Terms of Service or if you abuse or misuse the Platform or Services

4.3 Client Software. In certain cases, you may be required to download a client software package (“Client Software”) to use the Platform or Services. We grant you a limited, non-exclusive, non-transferable revocable licence to use the Client Software solely to access the Platform or Services. Any reverse engineering or decompiling of the Client Software is prohibited.

4.4 Content. When submitting or providing any information, materials, documentation, comments, reviews, feedback, or other postings or communication (collectively, “Content”), you represent and warrant that you have all right, title and interest to the Content, including but not limited to any consent and authorization from any third party or entity necessary for you to provide or upload the Content. Without prejudice to the generality of the foregoing, where you are an Organisation and have required your employee and/or prospective employee to provide information regarding his/her race to the Company, you warrant to the Company that you have a lawful basis and the required consent from him/her under relevant laws including the General Data Protection Regulation (Regulation (EU) 2016/679) for the Company to collect and process the race data for you. You confirm that all the Content you provide are true, accurate, complete, updated and comply with these Terms of Use, and we are free to use, modify, distribute and display in any form or media on a worldwide basis, such Content without any obligation to you. By providing or uploading any Content, you give us a non-exclusive, royalty-free, perpetual, worldwide, transferable and sub-licensable licence to use, host, store, reproduce, modify, create derivative works, communicate, publish, publicly display and distribute such Content in connection with the Services or Platform and over any computer or mobile networks or any other media. You agree that such rights extend to any of our affiliates and third parties we may work with to provide the Services or Platform.

4.5 The provided Content shall not: (a) infringe any intellectual property rights or breach any proprietary or contractual rights of any third party; (b) defame, libel, threaten, harass, humiliate, offend or be otherwise objectionable; (c) be obscene, pornographic or indecent; (d) contain any information or content that you do not have the right to make available or use under any law, (e) contain any information or content which you know or should reasonably have known is not correct or current; or (f) otherwise breach or give rise to any liability under any applicable law, regulation, guideline, directive or policy.

4.6 You are responsible for maintaining the security and integrity of your Content and we are not liable for any loss, damage or corruption of such Content or for any costs or expenses arising from restoring, protecting or backing-up such Content. All Content on the Platform or provided in connection with the Services is the sole responsibility of the person who provided such Content and we do not endorse, support or guarantee the completeness, accuracy, reliability, suitability or truthfulness of any Content or any communication or opinion provided or received through the Services/Platform, which you use at your own risk. We are not liable for any Content or any loss, damage, expenses, liability and costs whatsoever arising from the use or distribution of any Content in connection with the Services.

4.7 We reserve the right (but are not obligated) to remove, review, modify and take down any Content on the Platform or Service. We also reserve the right to access, preserve and disclose any information that we reasonably believe is required to (i) comply with applicable laws, regulations, legal process, any request from regulatory or governmental authorities; (ii) enforce these Terms of Use; (iii) detect, prevent or deal with security or technical issues or any fraud or wrong-doing; (iv) respond to support requests or complaints; and (v) protect the rights, property or safety of the Company, its affiliates, users and the public.

4.8 Third Party Services. The Services or Platform may provide links to other portals, websites, offers, services and information owned or controlled by third parties. We are not in any way responsible for such third party sites, content and providers and your use of the same is solely at your own risk. You agree that we do not have any liability whatsoever in connection with your use of such third party sites, content and providers.

 

5. FEES AND PAYMENT TERMS

 

5.1 Fees. You agree to pay all fees and charges (and all applicable GST and other taxes, duties and withholdings as required by law) in accordance with the applicable fees, charges and payment terms. All amounts owing to us must be paid within the specified payment term from the date of invoice/billing. You may pay for the Services by any of the payment methods available at the Platform. By providing the requisite payment information, you agree that we may invoice all fees and charges due. We may charge interest at 8% per annum for any late payment. We reserve the right to make changes to the pricing of the fees and charges from time to time and will update the pricing details accordingly.

5.2 Payment terms. If payment is not received within the specified payment term we may at our discretion, suspend or terminate access to the Platform and/or Services. We reserve the right to suspend the processing of any transaction where we reasonably believe that the transaction may be fraudulent, illegal or involve any illegal activity or in breach of the Terms of Use. You shall be responsible to resolve any dispute directly with your payment provider.

5.3 Refunds & Validity Period. Unless otherwise specified, no refunds will be given of any fees and charges paid. No exchanges or replacements are allowed. You agree that any purchased Services are subject to the applicable validity period. Upon expiry of the validity period, if you have not fully utilised the Services, the unused portion of the Services will be forfeited without any notice or refund.

 

6. INTELLECTUAL PROPERTY AND INFRINGEMENT

 

6.1 Ownership. The Company and its licensors and providers (where applicable), own all right, title and interest, including all related intellectual property, proprietary and confidentiality rights, in and to the Platform and the Services, including without limitation all content, materials, software, text, compilation of information, databases, images, videos, displays, audio and designs which are protected by applicable intellectual property and other laws.

6.2 No conveyance of rights. These Terms of Use do not convey to you any rights of ownership in or related to the Services or Platform or any intellectual property rights owned by the Company and/or its licensors or providers.

6.3 Company IP. The Company name, logo, and certain other material on the Platform constitute trade marks or other intellectual property rights of the Company or its licensors/providers or other parties and no right or license is granted to use them. You must not reproduce, distribute, modify, communicate to the public, download or transmit any of the material on or provided in connection with this Platform except as expressly permitted by these Terms of Use.

6.4 Organization name & Logo. With written permission from you, we may use your Organization name and logo on our portal and marketing collaterals for the purpose of marketing the Platform and Service. Use of your Organization name and logo in this manner will be revocable by you for any reason, at any time upon prior written notice to us.

6.5 Infringement. We respect the Intellectual Property rights of others and will respond to notices of alleged copyright infringement which comply with applicable laws and processes. We reserve the right to delete or remove content alleged to be infringing and to take action against infringers. All notices of alleged copyright infringement involving the Platform or Services should be directed to: support@pulsifi.me or Pulsifi Pte Ltd, 150 Cecil Street, #03-00, Singapore 069543.

 

7. TERMINATION

 

7.1 Termination. You may deactivate and terminate your account with thirty (30) days prior notice for any reason by sending an email to support@pulsifi.me or in accordance with these Terms or Use. The Company may terminate your account or suspend or terminate your use of the Platform/Services with thirty (30) days prior notice for any reason. You agree that the Company is entitled to terminate these Terms of Use immediately in the event that you are in breach of these Terms of Use. We further reserve the right to delete your account and all of your information after a significant duration of inactivity after prior notice to you.

7.2 Post-termination. Following termination or deactivation, you will not have further access to your account or the Platform or Services. Termination shall not affect either party’s statutory rights or liabilities and you remain liable for all amounts due under these Terms of Use. Any termination shall not require the Company to compensate or reimburse any costs, expenses, losses or damage incurred by you in connection with the use or termination of the Platform and/or Services. We reserve the right at our sole discretion to pursue all legal remedies available to us (including without limitation removal of your Content, Job Vacancies and resumes and termination of your access to the Platform/Services) for any breach of these Terms of Use or if we are unable to verify or authenticate any information submitted to us in connection with your account or registration.

7.3 Upon termination, the following Sections shall continue in force: Sections, 2.6, 2.9, 3, 4.4, 6, 7.2, 7.3, 7.4, 8, 9, 10, 11 and 12 and any other provisions of these Terms of Use that are intended to continue in force after termination.

7.4 You acknowledge and agree that upon termination of your account and/or access to the Platform or Services, all your account information from the Platform/Services (including without limitation all Assessments, profiles, resumes, contact information) will be marked as deleted and may be deleted from the Platform and our servers and databases and will thereafter no longer be available to you or others. However, such information may continue to be available during the period of time taken to effect the deletion through our network or system. Further, third parties may retain saved or archived copies of your information.

 

8. DISCLAIMER OF WARRANTIES

 

8.1 “As is” basis. You expressly agree that your use of the Platform and/or Services (including any use or reliance on any information, materials or service available through the Platform and/or Services) is at your sole risk. The Platform and Services are provided on an “AS IS” and “AS AVAILABLE” basis. The Company expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to any warranties of merchantability, fitness for a particular use or purpose, non-infringement, title, operability, condition, value and accuracy of data or timeliness. We do not warrant that the Platform or any third party website or resource is free from viruses other harmful or malicious code. We do not approve or endorse and are not responsible for any material or information provided by third parties on or through the Platform.

8.2 No warranties. Employers provide the information about any particular position, its employees, their resumes and any other related information which they share with the Platform. Users provide their resume and other information. For both these situations, the Company is not the provider of such information and provides all Assessments and profiles without warranty. While the Company will use reasonable efforts to monitor the consistency of the information provided and its AI and algorithms do provide feedback and reporting mechanisms, the Company does not represent or warrant that any resume, Job Vacancy, Assessment or profile or any information contained in any of these will be accurate.

8.3 Employers and users are solely responsible for all employment and other decisions they may make based on any information or materials available through the Platform or Services. In particular, the Company is not an employer with respect to any jobseeker, applicant or candidate and is not responsible for any employment or HR decisions that may be made by any employer. Users are solely responsible for all consequences arising from any resume, posting or information they provide to the Platform.

8.4 Data security. Pulsifi has put in place appropriate security measures in order to prevent your personal data (including any user data or any Job Vacancies data) from being accidentally lost, used or accessed in an unauthorised way, altered or disclosed. In addition, we limit access to your personal data to those employees, agents, contractors and other third parties who have a business need to know. They will only process your personal data on our instructions and they are subject to a duty of confidentiality.
We have put in place procedures to deal with any suspected personal data breach and will notify you and any applicable regulator of a breach where we are legally required to do so.

 

9. LIMITATION OF LIABILITY

 

9.1 You understand that to the fullest extent permitted under applicable law, in no event will the Company (or its officers, employees, directors, parent, subsidiaries, affiliates, agents, representatives, licensors and partners) be liable for any loss of profits, revenue or business or any indirect, incidental, special, consequential or exemplary damages, including but not limited to damages for loss of goodwill, use, data or other damages and losses whatsoever arising out of or related to your use of the Platform or the Services, regardless of whether such damages are based on contract, tort (including negligence and strict liability), warranty, statute or otherwise relating in any way to the Platform, Services or any information or materials on or obtained through the Platform. In no event shall our total liability to you for any and all damages, losses, costs, expenses and fees exceed the amount you have paid to us. To the extent that we may not, as a matter of applicable law, disclaim any implied warranty or limit our liabilities, the scope and duration of such warranty and the extent of our liability will be the minimum permitted under such applicable law.

 

10. INDEMNITY

 

10.1 You agree to indemnify, defend and hold harmless the Company, its officers, directors, employees, agents, representatives, subsidiaries, affiliates, licensors and partners harmless from and against any claim, actions, demands, liabilities, costs, expenses and settlements, including without limitation reasonable legal fees (collectively, “Claims”), arising from, or alleged to arise from (i) your use of the Platform or Services; (ii) any Content or material you provide to us or the Platform; or (iii) any breach of these Terms or Use.

 

11. PERSONAL DATA, CONFIDENTIALITY, USE OF DATA & MARKETING

 

11.1 Personal Data. You agree and consent to the Company using and processing any personal information in accordance with our Personal Data Protection Notice at www.pulsifi.me/privacy-policy/. Users acknowledge that all information provided by or collated on you, including without limitation your resume, profile, Assessment and account information may be disclosed to prospective employers.

11.2 Confidentiality. You agree that all algorithm, code, programs, applications, inventions, know-how, business, technical and financial information which you obtain from us or through the Platform/Services are our confidential property (“Confidential Information”). You will hold in confidence and not use or disclose any Confidential Information. But your non-disclosure obligations shall not apply to information which: i) was rightfully in your possession or known to you prior to receipt of the Confidential Information; ii) is or has become public knowledge (not through your fault); iii) is rightfully obtained by you from a third party without breach of any confidentiality obligation; iv) was independently developed by you prior to the disclosure; or v) is required to be disclosed pursuant to applicable law or regulation, or court or other regulatory order (but only to the minimum extent required to comply with such regulation or order and with advance notice to us).

11.3 All Assessments, profiles, materials and information provided by us to an employer in connection with a user are only for such employer’s internal use and may not be disclosed to any third party without our prior consent. Employer agrees to indemnify and hold harmless the Company, its officers, directors, employees, agents and representatives from all third party claims, actions, liabilities, costs and expenses (including reasonable legal fees) which may arise from any disclosure by employer in breach of the such restriction.

11.4 Use of Data. You acknowledge that from time to time you may enter data and materials (including without limitation Job Vacancies, resumes, CVs, Content) onto the Platform or Services. You acknowledge that we and our affiliates may use such data and materials for the intended purpose of the Platform or the Services, as well as in aggregated form for analytics, intelligence, R&D, market research, audit, reporting and marketing purposes and to improve the Platform and Services.

11.5 Marketing. We reserve the right to offer third party services and products to you, based on your preferences identified in your account or through your use of the Platform or Services and you agree to receive the same. You may opt out of receiving such marketing materials at any time by sending an email to support@pulsifi.me. When we receive your request to opt-out, it may take up to fourteen (14) working days for your opt-out to be updated in our records and systems. Accordingly, you may still receive marketing communication during this short period of time.

 

12. GENERAL

 

12.1 Governing law and jurisdiction. This Agreement shall be governed by Singapore law, and any dispute, action, claim or cause of action arising out of or in connection with the Terms of Use or this Platform or the Services which cannot be resolved amicably between us shall be subject to the exclusive jurisdiction of the courts of Singapore.

12.2 Severability. If any part of these Terms of Use is held to be invalid or unenforceable, such part shall be deleted and the remaining provisions shall be enforced to the fullest extent under law.

12.3 No waiver. The failure of the Company to enforce any right or provision in the Terms of Use shall not constitute a waiver of such right or provision unless acknowledged and agreed to by the Company in writing.

12.4 Restrictions on use and International users. We do not warrant that the materials on the Platform or the Services are appropriate or available for use in all locations. Access to the Platform or the Services from territories where the materials, Platform or Services are deemed unlawful or restricted is not allowed, and you do so at your own risk. International users of the Platform/Services agree to comply with all local laws governing their use of the same.

12.5 Beyond reasonable control. We are not responsible for any breach of these Terms of Use or inadequate performance arising from circumstances, conditions or causes beyond our reasonable control.

12.6 Assignment. These Terms of Use and any rights, access and licences granted may not be transferred to assigned by you without our written consent, but may be assigned by us without restriction.

12.7 Notices. Notices to us should be sent to the address stated at our portal. We will send notices to you to the address submitted by you or which we reasonably determine is the appropriate address for you. Each agrees that e-mail, registered post and courier are appropriate methods of communication and notices communicated in this manner will constitute sufficient notice for the purposes of this Terms of Use. Notices sent by email are deemed received at the time when the notices are sent (provided that no non-delivery or failure message is received) and notices sent by registered post or courier are deemed received two (2) days after they are sent.

 

13. HELPDESK

 

13.1 We operate a helpdesk and will always try to resolve any queries, complaints or disputes regarding this Platform or our Services when they first arise. Please provide details of any queries, complaints or comments by logging into our Contact Us page and completing the form there or Employers can contact our sales representatives. Our Pulsifi team may also contact you (through your provided contact details) to follow-up on any part of your proposal or communication with us.