Agreement between the Customer and Tiitus
Your use of Tiitus Group Ltd’s (“Tiitus”) products, software, services and websites (referred to collectively as the “Service”) is subject to this Agreement (“Customer Agreement”) between the recruiting educational establishment or company (“you” or “Customer”) and Tiitus.
By accepting this Customer Agreement or by using the Service, you are agreeing to be legally bound by the following Customer Agreement. This Customer Agreement consists of this Agreement and a data processing agreement between Tiitus and the Customer (“DPA”).
This Customer Agreement is an electronic contract that establishes the legally binding terms you as a Customer must accept to use the Service. Tiitus reserves the right to amend this Agreement. Your continued use of this website constitutes your agreement to such changes.
The rights and obligations presented in this Customer Agreement include all use of the Service.
It is important that you read, understand, and agree to this entire document, as it defines and limits your rights and responsibilities as a Customer using Tiitus’ Service.
If any differences occur between the Finnish and English versions of this Customer Agreement, the English version is primary and takes precedence over the Finnish version. Hence the English version shall be applied in a such situation.
www.tiitus.fi is a website (“Website”) maintained by Tiitus Group Ltd (Business Identity Code: 2736664-3). Tiitus is a limited liability company established under Finnish legislation, having its principal office at Fabianinkatu 28, 00100 Helsinki.
If you do not follow this Customer Agreement, Tiitus may cancel your account.
Tiitus may stop (permanently or temporarily) providing the Service (or any features within the Service) to you or to users generally at Tiitus’ sole discretion, without prior notice to you.
The Service may contain links to other websites (for instance, project pages, user profiles, and comments may link to other sites). When you access third-party websites, you do so at your own risk.
2. Creating an Account
To use the Service for recruitment, you’ll need to register, choose an account name, and set a password. You can create a user account by following the registration link and providing the asked information. For you to be able to use your user account, you have to confirm it by clicking on the link automatically sent to the email address provided by you.
You are responsible that all the information you have provided is accurate, correct and complete. You commit to update any changes to the information provided by you to the Service.
You acknowledge and agree that you are solely responsible for the safe usage, maintenance and confidentiality of the password you use to log in into the Service. Accordingly, you agree that you will be solely responsible to Tiitus for all activities that occur under your account.
It is prohibited to choose account names that are offensive or that violate anyone’s rights. You are responsible for all the activity on your account, and for keeping your password confidential. If you find out that someone has used your account or password without your permission, you should report it to firstname.lastname@example.org.
You may not use the Service and may not accept this Customer Agreement if (a) you are not of legal age or capacity to form a binding contract with Tiitus; (b) you are a person banned from receiving the Service under the laws of Finland or any other country including the country in which you are resident or from where you use the Service; (c) you are not a legal representative of the educational establishment or the company you are claiming to represent or (d) the educational establishment or the company you are claiming to represent does not exists.
If you don’t provide the information requested by Tiitus, or the information is false or incomplete, Tiitus may freeze your account, until correct, accurate, up to date and complete information is received and/or prohibit your use of the Service.
The validation of an account is at the sole discretion of Tiitus. Tiitus may choose not to validate your account for any reason at all without notifying you. Tiitus is not liable for any harm, loss or other expenses that you may face because of this. Tiitus may cancel a validation for any reason at all without notifying you.
Tiitus’ Service may only be used in lawful purposes and in accordance with applicable laws and guidelines and terms. Using a false name or other false personal information as well as other illegal activity is strictly forbidden.
3. Your Use of the Service
By paying the fees relating to this Customer Agreement, you receive a right to use the Service for the time period this Agreement is valid. The Service may be used for recruiting new employees and to act in a supportive manner towards our users.
Use of any automated agents (“bots”) or scripts to submit or modify job postings, check the status of job postings, or download resumes is prohibited without Tiitus’ express written permission. You may not resell or transfer access to Tiitus to any other party.
You agree to use the Service only for purposes that are permitted by this Customer Agreement and any applicable law, regulation or generally accepted practices or guidelines in the relevant jurisdictions.
You agree that you will not engage in any activity that interferes with or disrupts the Service (or the servers and networks which are connected to the Service).
You agree not to take any action, alone or with others, that would interfere with the operation of the Service, to alter the Service in any way, or to impede others’ access to and freedom to enjoy and use this Service as made available by Tiitus.
You shall be solely responsible for any reporting to authorities and paying any tax and other corresponding payments required by applicable legislation.
Tiitus is not liable for any damages or losses related to your use of the Service. You agree that you are solely responsible for any breach of your obligations under the Customer Agreement and for the consequences of any such breach.
You understand that works and information created by Tiitus or other companies using the Service, including but not limited to, data files, written text, computer software, music, audio files or other sounds, photographs, videos or other images which you may have access to as part of, or through your use of, the Service, and which are owned by Tiitus or other companies using the Service or sponsors or advertisers who provide that content to Tiitus and which may be protected by intellectual property rights, are the sole responsibility of Tiitus or the company from which such content originated.
You may not modify, rent, lease, loan, sell, distribute or create derivative works based on this content (either in whole or in part) unless you have been specifically told that you may do so by Tiitus or by the owners of that content, in a separate written agreement.
4. Intellectual Property of the Customer
Although Tiitus does not own content you submit to Tiitus and you retain copyright and any other rights you already hold in content that you submit, post or display on or through the Service, you agree to these terms:
- Tiitus can use the content you have submitted. You grant Tiitus, and others acting on Tiitus’ behalf, the worldwide, non-exclusive, perpetual, irrevocable, royalty-free, sublicensable, transferable right to use, exercise, commercialize, and exploit the copyright, publicity, trademark, and database rights with respect to your content. This license is for the sole purpose of enabling Tiitus to display, distribute and promote the Service. Tiitus will not publish any private information about you, except the information needed to use the Service.
- When using the content, Tiitus reserves the right to make changes, edit, modify, remove, pre-screen, flag, filter, reformat, excerpt, delete, or translate any or all content from any Service. Tiitus may also transmit or distribute your content over various public networks and in various media.
- You confirm and warrant that your content will not contain third-party copyrighted material, or any privacy rights, publicity rights, contract rights, or any other intellectual property or proprietary rights subject to third-party rights, unless you have permission from the rightful owner of the material, or you are otherwise legally entitled to post the material (and to grant Tiitus all the license rights outlined here).
- You will pay all royalties and other amounts owed to any person or entity based on your content, or on Tiitus’ hosting of that content.
- You agree that you are solely responsible for and that Tiitus has no responsibility to you or to any third party for any content that you create, upload, transmit or display while using the Service and by doing so also for the consequences of your actions (including any loss or damage which Tiitus may suffer). You also understand that Tiitus is not responsible for the content other users have created, uploaded, transmitted or displayed nor for the accurateness, completeness or timeliness of the information presented.
- You also assure that the content in question is up to date, full, correct and accurate, it has not been prohibited or restricted by laws or regulations and that it is not inappropriate or insulting.
5. Intellectual Property of Tiitus
You agree to respect Tiitus’ intellectual property rights including, but not restricted to, copyrights, trademarks, service marks, patents, trade secrets, and other information contained in any content accessed through the use of the Service.
Subject to this Customer Agreement, Tiitus grants you a non-exclusive, non-transferable, worldwide, non-sublicensable, limited right to reproduce content from the Website for recruitment purposes only. This license covers both Tiitus’ own protected content and user-generated content on the Service.
Any unauthorized use of the Service, misuse of passwords and/or any other information listed on the Service is prohibited and may result in your user account being prohibited.
6. Fees and Invoicing
The use of the Service is contingent on the Customer’s payment of fees.
The amount of the fees vary on the Customer’s use of the Service. The terms of payment of the fees for recruiting companies are found in [https://www.tiitus.fi/legal/], whereas the terms of payment of fees for educational establishments are agreed separately in each case.
If Tiitus’ fees change, Tiitus will announce that on the Service.
7. Jobseekers’ Confidentiality
The job applications and resumes of the jobseekers contain personal data. The DPA between Tiitus and the Customer contains the rules regarding the Customer’s right to process the personal data of the jobseekers.
It is strictly prohibited to contact the jobseekers for purposes other than hiring transactions.
8. Termination of This Agreement
This Customer Agreement will continue to apply until terminated by either you or Tiitus as set out below.
If you want to terminate your legal agreement with Tiitus, you may do so by (a) notifying Tiitus at any time or (b) closing your accounts for all of the Service which you use, where Tiitus has made this option available to you.
Tiitus may at any time, terminate its legal agreement with you if:
- you have breached any provision of this Customer Agreement, for example provided Tiitus with inadequate or false information or have acted in manner which clearly shows that you do not intend to, or are unable to comply with the provisions of this Customer Agreement;
- Tiitus is required to do so by law;
- Tiitus is about to no longer provide the Service to users in the country in which you are resident or from which you use the Service; or
- the provision of the Service to you by Tiitus is, in Tiitus’ opinion, no longer commercially viable.
When this Customer Agreement comes to an end, all of the legal rights, obligations and liabilities that you and Tiitus have benefited from, been subject to or that have accrued over time whilst this Customer Agreement has been in force shall lapse. Rights and obligations which are expressed to continue indefinitely, shall be unaffected by this cessation.
You acknowledge and agree that neither the Company nor its affiliates and third party partners are responsible for and shall not have any liability, directly or indirectly, for any loss or damage, including personal injury or death, as a result of or alleged to be the result of: (i) any incorrect or inaccurate Content posted in the Service, whether caused by users or any of the equipment or programming associated with or utilized in the Service; (ii) the timeliness, deletion or removal, incorrect delivery or failure to store any Content or communications; (iii) the conduct, whether online or offline, of any user; (iv) any unauthorized access to any user or user communications; (v) any technical problems; or (vi) any similar problems.
To the maximum extent allowed by applicable law, Tiitus provides the Service on an “as is” and “as available” basis and grants no warranties of any kind, whether express, implied, statutory or otherwise with respect to the Service (including all content contained herein), including (without limitation) any implied warranties of satisfactory quality, merchantability, fitness for a particular purpose or non-infringement. Tiitus does not represent or warrant that the Service will be uninterrupted or error free, secure or that any defects or errors in the Service will be corrected.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own discretion and risk, and you will be solely responsible for and hereby waive any and all claims and causes of action with respect to any damage to your device, computer system, internet access, download or display device, or loss or corruption of data that results or may result from the download of any such material. If you do not accept this limitation of liability, you are not authorized to download or obtain any material through the Service.
From time to time, Tiitus may make third party opinions, advice, statements, offers, or other third party information or content available through the Service. All third party content is the responsibility of the respective authors of such content. Tiitus does not: (I) guarantee the accuracy, completeness, or usefulness of any third party content provided through the Service, or (II) adopt, endorse or accept responsibility for the accuracy or reliabiity of any opinion, advice, or statement made by any party that appears in the Service. Under no circumstances will Tiitus or its affiliates be responsible or liable for any loss or damage resulting from your reliance on information or other content posted in the Service or transmitted to or by any users.
The Service may contain, and the Service or third parties may provide, advertisements and promotions offered by third parties and links to other web sites or resources. You acknowledge and agree that Tiitus is not responsible for the availability of such external websites or resources and does not endorse and is not responsible or liable for any content, information, statements, advertising, goods or services, or other materials on or available from such websites or resources.
Your correspondence or business dealings with, or participation in promotions of, third parties found in or through the Service are solely between you and such third party. You further acknowledge and agree that Tiitus shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of, or reliance upon, any such content, information, statements, advertising, goods or services or other materials available on or through any such website or resource.
11. Limitation on Liability
To the fullest extent allowed by applicable law, in no event will Tiitus, its affiliates, business partners, licensors or service providers be liable to you or any third person for any indirect, reliance, consequential, exemplary, incidental, special or punitive damages, including without limitation, loss of profits, loss of goodwill, damages for loss, corruption or breaches of data or programs, service interruptions and procurement of substitute services, even if Tiitus has been advised of the possibility of such damages.
Notwithstanding anything to the contrary contained herein, Tiitus’s liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to Tiitus for the Service while you have an account.
Some jurisdictions do not allow the exclusion or limitation of certain damages, so some or all of the exclusions and limitations in this section may not apply to you.
Unless otherwise agreed, this Customer Agreement constitutes the whole legal agreement between you and Tiitus and govern your use of the Service and completely replace any prior agreements between you and Tiitus in relation to the Service.
You are not allowed to assign this Customer Agreement, transfer it, or sublicense it unless you get Tiitus’ prior written consent. Tiitus has the right to assign, transfer, or delegate any of its rights and obligations under this Customer Agreement without your consent.
Tiitus may provide you with notices, including those regarding changes to this Customer Agreement, using any reasonable means, which may include email, SMS, MMS, text message or postings in the Service. Such notices may not be received if you violate this Customer Agreement by accessing the Service in an unauthorized manner. You agree that you are deemed to have received any and all notices that would have been delivered had you accessed the Service in an authorized manner.
You agree that if Tiitus does not exercise or enforce any legal right or remedy which is contained in this Customer Agreement (or which Tiitus has the benefit of under any applicable law), this will not be taken to be a formal waiver of Tiitus’ rights and that those rights or remedies will still be available to Tiitus.
If any court of law, having the jurisdiction to decide on this matter, rules that any provision of this Customer Agreement is invalid, then that provision will be removed from this Customer Agreement without affecting the rest of the terms. The remaining provisions will continue to be valid and enforceable.
13. Governing Law and Disputes
This Customer Agreement, including the arbitration clause, and any dispute, claim or controversy arising out of or relating to this Customer Agreement, or the breach, termination or validity thereof, are governed by the laws of Finland without regard to its principles and rules on conflict of laws.
Any dispute, controversy or claim arising out of or relating to this Customer Agreement, or the breach, termination or validity thereof, shall be finally settled by arbitration in accordance with the Arbitration Rules of the Finland Chamber of Commerce. The number of arbitrators shall be one. The seat of arbitration shall be Helsinki, Finland. The language of the arbitration shall be Finnish.