Version 2.0 Effective as of July 3rd, 2020
Your access and use of our Services are also subject to our Privacy Statement and any other policies or guidelines posted at <https://www.valital.com/>.
2. Relationship between Customers, Users and Us
2.1 As between us and Customer, you agree that it is solely Customer’s responsibility to:
4. Limited License to Users
4.2The above license also authorizes you to display on your computer, print, download and use the content made available to you on our Website and Platforms, only for non-commercial, personal and/or educational purposes, provided that you do not modify any such content and that you include on each copy of such content the associated copyright notice and this limited license.
4.3 It is your responsibility to notify us of any problem having or potentially having an impact on your access to or use of our Website and Platforms, or of your account number(s)/name(s) and password(s). In such a case, you can contact us via email at: firstname.lastname@example.org.
4.4 Our Website and Platforms are intended for lawful use by persons of sixteen (16) years and over. If you are under the age of sixteen (16), please discontinue using our Website and Platforms immediately or ensure that a person of sixteen (16) years or over is supervising your use of our Website and Platforms
5. Plan Options (for Companies only)
5.1 You can enrol at any time through the Platforms for a Free Plan or in two different Plans (Starter and Business) for a monthly fee that provides you access to a predefined number of annual validations. During the period of your enrolment to a Plan, you can purchase additional validations (Bundle). Enterprise Plans are also available for a larger number of annual validations.
5.2 For the platform for Recruitment, a validation is counted when you send an invite to a talent. However, this validation is credited back to your account in one of the following scenarios:
5.3 A request for an New Validation of an active talent or an individual is counted as a validation.
6. Plan Period (for Companies only)
6.1 Any selected Plan and its allocated number of validations are valid for a period of 12 months from the date of enrolment. The allocated validations and any add-on (Bundle) validations should be used during the Plan Period. You understand that, once purchased, the add-on Bundle validations will be treated similarly to the validations included in your current active Plan. Plans are renewed automatically at the end of the Plan Period. However, you may cancel your Plan at any time during the Plan Period and the fees will be adjusted based on the number of validations performed from the beginning of the Plan Period to the cancellation date.
7. Free Plan (for Companies only)
7.1 You can sign-up for a one-time free trial for some of the services. Your Free Plan starts on the day you create the account and lasts until you use all the free validations. If you wish to be converted to a paid Plan at any time during the trial period, then you authorize us to charge your credit card for that specific Plan. You may, however, cancel your Plan before the next billing cycle in accordance with these Terms, but no credits or refunds will be available.
8. Fees (for Companies only)
8.1 If you select a paid Plan, you agree to pay the fees ("Fees") as quoted to you when you enrol in that Plan. You will pay the Fees in the currency quoted at the time of purchase. You are responsible for providing us with complete and accurate billing and payment information. You consent and agree to allow Valital Technologies, or our payment affiliates or services providers, to process and/or store your payment credit card information. You also agree to pay the applicable fees for the Plan each time they become due plus all related taxes. You authorize us to charge your credit card for the Plan you have selected and for any bundled validation that you add. Fees paid are non-refundable and non-cancellable. To the extent we have not received your payment, in order to bring your account up to date, we may bill you simultaneously for both past due and current amounts. If you do not cancel your account, we may automatically renew your Plan and charge you for any renewal term. You understand that failure to pay any charges or fees may result in the suspension or cancellation of your Plan and related services.
8.2 We reserve the right to change prices of the Services at any time. However, if we have offered a specific duration and Fee for a Plan and any Services, we agree that the Fee will remain in force for that duration. After the offer period ends, your use of the Plan and/or Services will be charged at the then-current Fees. If you don't agree to these changes, you must stop using our services and cancel via email to email@example.com. If you do not cancel in accordance with these Terms, the Plan and related services will automatically renew at the then-current price and for the same Plan Period.
9. Plan Changes (for Companies only)
9.1 You can add bundle validations, upgrade or change your Plan or opt-out at any time. Changes will be in effect on the date of the change. You will be charged based on the actual use of validations which will be calculated based on the corresponding fee per validation of your current Plan and pro-rated to your active Plan Period.
9.2 If you have performed validations from the beginning of the Plan Period until the date of the upgrade for a value per validation less than the monthly fee already paid, there will be no adjustment (credit). If you have performed validations from the beginning of the Plan Period until the date of change for a value per validation higher than the monthly fee already paid, you will be charged the fee difference based on the fee per validation of your current Plan Option and pro-rated to your active Plan Period. Bundles will be treated similarly to the validations included in the current active Plan Option.
10. Account Number, Names and Password
10.1 You are responsible for maintaining the confidentiality of any of your Platforms-related account number(s)/name(s) and password(s).
10.2 By registering to use our Services, you agree that:
10.3 You agree to notify us immediately if you become aware of any unauthorized use of your password or account identifiers by others.
10.4 You are required to use and maintain hardware and software of sufficient quality and performance capability when you access or use our Website and Platforms. Your failure to do so may result in a higher security risk and cause some or all of the functionality of our Website and Platforms not to operate properly or at all.
11. Unauthorized Activities
11.1 You represent and warrant that you will not:
12. Confidential Information
12.1 Any party hereto that receives any and all information of a party (the “Disclosing Party”) which has or will come into the possession of the other party (the “Receiving Party”) concerning the business, properties, affairs or finances of the Disclosing Party, including proprietary information and trade secrets (“Confidential Information”) agrees not to disclose such Confidential Information except to those employees, affiliates, resellers, agents or professional advisors (the “Representatives”) who need to know or receive such information and who are legally required to maintain its confidentiality. The Receiving Party agrees to use such Confidential Information only to exercise its rights and fulfill its obligations under these Terms of Services. The Receiving Party will use due diligence to ensure that its Representatives are subject to the same obligations of confidentiality as it does.
12.2 The Receiving Party may disclose Confidential Information (i) pursuant to a requirement of applicable Law, or (ii) with the prior written approval of the other party.
13. Personal Information
13.1 You hereby agree and acknowledge that we use, collect and disclose personal information in accordance with our Privacy Statement. Each party shall be responsible for complying with applicable law to the collection, use and disclosure of personal information. Without limiting the generality of the foregoing, you represent and warrant that you have all proper consents or legitimate basis to allow us to collect, use and disclose personal information as set forth in our Privacy Statement.
13.2 We shall collaborate with you to implement reasonable technical measures to assist you in complying with your obligations regarding personal information, including regarding responses to individual’s privacy rights requests, such as the right to access or correct personal information. We will transmit to you any such requests we receive regarding personal information within  days of reception. Each party agrees to collaborate with the other party in good faith, including to support the other party’s efforts to comply with applicable law.
13.3 In the event of an unauthorized access to your personal information that materially affects the security, confidentiality or security of such personal information (a “Security Breach”), we will notify you without undue delay upon becoming aware of a Security Breach affecting personal information, providing you with sufficient information to allow you to meet your obligations to report or inform individuals or the authorities. If such information is not available at the time of such notice, we will follow up as the information becomes available. We may notify third parties directly without first obtaining your prior written consent if we are required to do so pursuant to applicable Law.
14. Customer and Usage Data
14.2 When you submit Customer Data, you hold all rights, title and interest in and to all Customer Data, provided that you hereby grant us an irrevocable (except as set forth in these Terms and Conditions), fully-paid, non-exclusive, royalty-free, perpetual and worldwide licence to aggregate, reproduce, distribute, and otherwise use and display the Customer Data as may be necessary for us to provide the Services to you.
14.3 We will reasonably protect the confidentiality and integrity of the Customer Data in accordance with applicable law.
14.4 We may monitor your use of the Services and collect, compile and retain the Customer Data and use such information in an aggregate and anonymous manner, including, without limitation, to compile usage data. You agree that we may make such usage data available to third parties to the extent that such information does not contain any Customer Data that identify any individual without their consent or otherwise directly or indirectly discloses Confidential Information. We exclusively own all rights, including intellectual property rights, in such usage data.
14.5 You hereby agree that we may (i) make usage data publicly available in compliance with applicable law, and (ii) use usage data to the extent and in the manner permitted under applicable law, provided that such usage data doesn’t not consist of any personal information or any of your Confidential Information.
16. Disclaimer of Warranties and Limitation of Liability
In the course of providing the Services, we do not recommend hiring, verify or review infrastructure, policies and other information concerning users and clients, and do not provide human resources, business, financial, investment, tax or legal advice to anyone. We are in no way a certified human resources or cybersecurity advisor. Nothing contained or otherwise contained in the Services is intended to be, will be, or will be construed as a sale, purchase, offer to sell or buy, or recommendations for employment.
WE HEREBY EXCLUDE ALL REPRESENTATIONS, CONDITIONS AND WARRANTIES REGARDING OUR WEBSITE, PLATFORMS AND THEIR CONTENTS, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY CONDITION OR WARRANTY OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE.
WE DO NOT PROVIDE ANY REPRESENTATION, CONDITION OR WARRANTY REGARDING THE INFORMATION FOUND ON OUR WEBSITE AND PLATFORMS, INCLUDING ANY GUARANTEE REGARDING THE ACCURACY OR RELIABILITY THEREOF. YOU HEREBY DISCLAIM ANY RIGHT TO RELY ON INFORMATION APPEARING ON OUR WEBSITE AND PLATFORMS, AND ACKNOWLEDGE THAT USERS OF OUR WEBSITE AND PLATFORMS SHOULD OBTAIN PROFESSIONAL ADVICE BEFORE TAKING, OR REFRAINING FROM, ANY ACTION ON THE BASIS OF THE CONTENT OF THE WEBSITE AND PLATFORMS.
OUR WEBSITE AND PLATFORMS MAY BECOME UNAVAILABLE FOR MANY REASONS, INCLUDING WITHOUT LIMITATION SCHEDULED AND UNSCHEDULED MAINTENANCE BY US.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE SHALL NOT BE LIABLE FOR ANY LOSS OF DATA, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OPPORTUNITIES, LOST TIME, LEGAL FEES OR LITIGATION EXPENSES.
CERTAIN FEDERAL AND PROVINCIAL APPLICABLE LAWS MAY NOT ALLOW THE EXCLUSION OF WARRANTIES, HENCE THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
17. Application of Consumer Law
18.7 Privacy. For more information on how we collect, use and disclose personal information, please read our Privacy Statement.
Valital Technologies Inc.
910-2075 Boul. Robert-Bourassa
Montréal (Québec) H3A 2L1