Terms & Condition
Welcome to our website. This website www.interviwo.com (Site) is owned and operated by Interviwo Pty Ltd (....). Should you continue to use the Site, you are agreeing to comply with and be bound by the following terms and conditions of use, which together with our Privacy Policy govern Interviwo Pty Ltd’s relationship with you in connection with this website. Should you not agree with any of the terms and conditions in this Agreement, please do not use the Site.
Your use of this website is subject to the following terms and conditions:
1. Definitions
Author means any User registered on the Site as an Author.
Candidate means any User registered on the Site as a Candidate.
Employer means any User registered on the Site as an Employer.
Interview means the completion of questions in an Interview Script by a Candidate, in response to an interview request from an Employer.
Interview Response means any content created by a Candidate during the performance of an Interview.
Interview Script means any content posted to the Site by Authors or Employers that is intended to be used by Employers for the evaluation of Candidates.
Posted Content means any content posted or uploaded to the Site by a User, including Interview Scripts, Interview Responses, Author profiles, Candidate profiles, Employer profiles, Employer role requirements and preferences, and such content may be in the form of data, videos, photos, documents, files, comments and other materials.
Site means the online employment marketplace that enables Employers to evaluate Candidates for potential job opportunities provided at www.interviwo.com and includes all future services, features or variations provided by us at www.interviwo.com.
Used means an Interview Script has been selected by an Employer, the Employer has requested a Candidate to complete the Interview, and the Employer has viewed the Candidate’s Interview Response.
User means any user of the Site, including Authors, Employers and Candidates, and includes you.
We or Interviwo means Interviwo Pty Ltd, and ‘us’, ‘our’ or any other similar word has the corresponding meaning in relation to Interviwo Pty Ltd.
You means you or any legal entity that you represent, when you become a User of the Site, and ‘your’ or any other similar word has the corresponding meaning in relation to you.
2. Contract
(a) This Agreement forms a contract between you and Interviwo, once you become a User of the Site, and governs our provision, and your use, of the Site.
(b) You acknowledge that when you registered as a User of the Site, you accepted the terms and conditions of this Agreement unconditionally by checking the ‘I agree’ option during registration.
(c) If you are using the Site on behalf of a legal entity, you acknowledge that your registration on the Site binds the legal entity that you represent, and you warrant that you have the authority to enter into contracts on behalf of, and to bind, the legal entity that you represent.
3. User Eligibility
(a) Interviwo does not knowingly accept User registrations from anyone under the age of 15 years. If you register on the Site as a User, you represent and warrant to us that you are at least 15 years of age.
(b) Interviwo does not conduct background criminal checks on its Users. If you become a User of the Site, you represent and warrant that you have not been convicted of an indictable offence in any jurisdiction, and are not required to be registered as a sex offender in any jurisdiction. We reserve the right, to the extent permitted by law, to confirm your compliance with this clause.
(c) It is your responsibility to ensure that your access of the Site is legal and is not in breach of any laws that apply to you.
(d) Your account belongs to you, and is for your use only. You must not authorise or cause any other person to use your account, and you must not transfer your account to anyone else.
4. Interviwo and you
(a) Interviwo provides an online marketplace that enables Employers to evaluate Candidates through the use of Interviews.
(b) The Site does not constitute advice in any form. You should not make decisions solely on the basis of the Site, as it may not be sufficient or appropriate for your specific circumstances.
(c) Interviwo does not separately verify the Posted Content of Candidates, Employers or Authors. We do not endorse or recommend any Candidate, Interview Script, Interview Response, or job that is offered by an Employer. Interviwo will not be liable to you under any circumstance for decisions that you make based on your use of the Site.
(d) All intellectual property in the Site (that may include, either now or in the future, Interviwo’s compatibility assessment system) is owned and retained by Interviwo. You must not copy, reproduce, modify, distribute or create derivative works from (or attempt to do any of those) any intellectual property of Interviwo.
5. Posted Content
(a) Once you are registered as a User, you are able to upload Posted Content to the Site.
(b) You are solely responsible for your Posted Content, and assume all liability in relation to it. You must ensure that:
(i) your Posted Content is bona fide, true, accurate, correct and is not misleading;
(ii) your Posted Content is not rude, offensive, racist, inappropriate, and does not contain material that is contrary to any law applicable to you; and
(iii) you have the necessary rights to publish your Posted Content, and that your Posted Content does not infringe the intellectual property, copyright or moral rights of any other person;
and you indemnify us for any claim or loss we may suffer as a result of your Posted Content not complying with this Agreement.
(c) We have no obligation, but reserve the right, to monitor your Posted Content and remove it if we believe (in our absolute discretion) that your Posted Content does not comply with this Agreement.
(d) When you upload Posted Content, you automatically grant Interviwo an exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, adapt and publish the content in that Posted Content, including a right to sub-licence as necessary for Interviwo to provide and maintain the Site. You waive any moral rights you may have in the Posted Content.
6. Security of Information and Privacy
(a) By using the Site, you are deemed to have accepted the terms of our Privacy Policy, which is published on the Site.
(b) The Site uses cookies to monitor browsing preferences. If you allow cookies to be used, your Posted Content may be stored by us for use by third parties.
(c) Whilst we will abide by the terms of our Privacy Policy, we cannot guarantee the security of your information transmitted over the internet. Therefore the transmission of any information or content on or through the Site is undertaken at your own risk.
7. Candidates – Particular Terms
If you registered on the Site as a Candidate, the following additional terms apply to you:
(a) You acknowledge and agree that we may search and assess your Posted Content in connection with us providing and maintaining the Site. You may be contacted by Employers regarding Interviews and or job opportunities.
(b) You represent and warrant that any Interview Responses are created in good faith, and represent your own work. You must not infringe the intellectual property, copyright or moral rights of any other person during the creation of an Interview Response.
(c) You acknowledge and agree that Interviwo does not, at any stage and notwithstanding the provision of the Site, make any representation, warranty or guarantee, express or implied, that jobs are available, that you will receive job offers, or that you will be contacted by Employers. You also acknowledge and agree that Interviwo does not make any representation, warranty or guarantee, express or implied, as to the actual suitability of any jobs offered by Employers to you.
8. Employers – Particular Terms
If you are registered on the Site as an Employer, the following additional terms apply to you:
(a) You must only use the Site in respect of bona fide employment opportunities that actually exist and are capable of being awarded to a suitable Candidate.
(b) You must not use the Site to recruit Candidates for any jobs which are unlawful, offensive, discriminatory or inappropriate, including but not limited to jobs with conditions that do not meet award conditions in the relevant jurisdiction or jobs involving unsafe working conditions.
(c) You acknowledge that you may be provided with personal details of Candidates (as provided to us through the Site). You must only use such details for their intended purpose, and for no other purpose whatsoever. You must not send advertisements, bulk email communications or any other ‘spam’ communications.
(d) You acknowledge and agree that Interviwo does not, at any stage and notwithstanding the provision of the Site, make any representation, warranty or guarantee, express or implied, that Candidates are available, that Candidates will meet your requirements, or that Interview Scripts or Interview Responses will meet your requirements. You also acknowledge and agree that Interviwo does not make any representation, warranty or guarantee, express or implied, as to the actual suitability of any Candidates for the jobs you have available.
(e) Use of the Site is by way of subscription. Following completion of any ‘Free Trial’ period, the credit card provided during registration will be charged for the amount of your chosen subscription level. It is your responsibility to ensure your credit card details provided remain current. Failure to make payment when due will result in interest accruing on the outstanding amount at a penalty interest rate.
(f) Each subscription level entitles you to a different number of Interviews each month ( “Interview Credits”). Interviews will only count towards your Interview Credits when they are used. Any Interview Credits not Used within the relevant month will expire at the end of each month. You have the right to upgrade, downgrade, suspend, or cancel, your subscription at any time.
(g) If Interview Scripts that you create and post on the Site are used by other Employers, you will be entitled to a rebate against your subscription fee.
(h) You consent to and allow Interviwo to use your company name and/or logo in any promotional material or on the Site itself, provided Interviwo’s representation is accurate and not misleading. You may request that Interviwo cease any such use, and such request must be made in writing.
9. Authors – Particular Terms
If you registered on the Site as an Author, the following additional terms apply to you:
(a) You represent and warrant that you have expertise in the subject matter for which you contribute Interview Scripts.
(b) You represent and warrant that you authored the Interview Scripts you have posted, and that you have the rights to publish and provide such content to third parties. You must not infringe the intellectual property, copyright or moral rights of any other person in publishing an Interview Script.
(c) Interviwo will attribute authorship of Interview Scripts that you create to you on the Site. By posting any Interview Script on the Site, you automatically grant Interviwo an exclusive, royalty-free, perpetual, irrevocable, worldwide licence to use, reproduce, modify, adapt and publish the content in that Interview Script, including a right to sub-licence as necessary for Interviwo to provide and maintain the Site. You waive any moral rights you may have in the Interview Script.
(d) You will receive payment for any Interview Scripts that are Used by Employers. The amount payable depends on the applicable subscription level of the Employer, and the proportion of Interview Scripts Used by the Employer that your Interview Script represents.
10. Authorised Use of the Site
(a) You may only use the Site for lawful purposes, and in a manner consistent with the nature and purpose of the Site.
(b) Unauthorised use of the Site may be a criminal offence and/or give rise to a claim for damages.
(c) You must not, under any circumstances without our prior written consent, on-sell or distribute for payment any information which is made available to you through the Site.
11. Limitation of Liability and Exclusion of Warranties
(a) Interviwo provides the Site on an ‘as is’ basis, and to the maximum extent permitted by law, all rights, remedies, warranties and guarantees in relation to the Site are excluded, whether such rights, remedies, warranties or guarantees are express or implied.
(b) Interviwo has no control over, and does not independently verify, the quality of Candidates, Authors, Interview Scripts, Interview Responses, or jobs offered by Employers, and does not approve or monitor any communications between Employers and Candidates made through the Site. Use of the Site and any communications or appointments made through the Site are therefore entirely at your own risk.
(c) To the maximum extent permitted by law, Interviwo excludes all liability to you for any action taken, or decision made, by you or any other person on the basis of information provided on the Site, and Interviwo will not be responsible for any loss or damage howsoever caused (including through negligence) suffered or incurred by you in relation to your use of the Site.
(d) To the extent that Interviwo’s liability in respect of the provision of the Site cannot be excluded, then Interviwo’s liability to you is limited to supplying the relevant services used on the Site again or paying the cost for a third party to supply the relevant services (at Interviwo’s discretion).
(e) To the maximum extent permitted by law, Interviwo will not be liable to you for any indirect, consequential or economic loss (including loss of profit, revenue, contract, opportunity, business, use or anticipated savings) under any circumstances in relation to your use of the Site.
(d) Every effort is made to keep the Site up and running smoothly. However, we take no responsibility for, and will not be liable for, the Site being temporarily unavailable due to technical issues beyond our control.
12. Interviwo’s Rights
(a) We reserve the right to refuse, suspend or cancel the registration or use of any User of the Site for any reason without notice, including if a User has breached this Agreement.
(b) We also reserve the right to remove, block or prevent from being visible any of your Posted Content, at any time and without compensation.
13. Agreement is subject to change
We may, at any time and in our absolute discretion, make changes to the terms and conditions of this Agreement, or to the way in which we provide the Site. Your continued use of the Site after such changes will be confirmation that you have accepted the changes, and you will be bound by such changes once they have been published on the Site. You should therefore check the terms and conditions displayed on the Site from time to time.
14. Governing Law
This Agreement and your use of the Site is governed by the laws of Thailand, and you irrevocably submit to the exclusive jurisdiction of the courts of that jurisdiction.