Terms of Service
Last updated: {{EFFECTIVE_DATE}}
These Terms of Service (the "Terms") are a binding agreement between you and {{COMPANY_LEGAL_NAME}} ("Train and Hire", "we", "us", or "our"). They govern your access to and use of the Train and Hire website, applications, and related services (together, the "Service"). Please read them carefully. If you do not agree to these Terms, do not use the Service.
1. Acceptance of Terms
By creating an account, clicking a button indicating your acceptance, or otherwise accessing or using the Service, you agree to be bound by these Terms and by our Privacy Policy, which is incorporated here by reference. If you are using the Service on behalf of an organization, you represent that you have authority to bind that organization, and "you" refers to both you and the organization.
We may update these Terms from time to time as described in Section 19. Your continued use of the Service after an update means you accept the revised Terms.
2. Eligibility
You must be at least 13 years old to use the Service. If you are between 13 and the age of majority in your jurisdiction, you may only use the Service with the involvement of a parent or legal guardian who agrees to these Terms on your behalf. By using the Service, you represent that you:
- Are at least 13 years old.
- Have the legal capacity to enter into these Terms.
- Are not barred from using the Service under the laws of the United States or any other applicable jurisdiction.
- Have not previously been suspended or removed from the Service.
3. Accounts
To use most features of the Service, you must register for an account. When you register, you agree to:
- Provide accurate, current, and complete information.
- Keep your account information up to date.
- Keep your password confidential and not share your login credentials.
- Be responsible for all activity that occurs under your account.
- Notify us promptly if you suspect unauthorized access to your account.
You may only maintain one personal account. Creating duplicate accounts to evade suspension, manipulate rankings, or misrepresent your identity is prohibited. We may refuse registration, suspend an account, or reclaim a username at our discretion.
4. User Roles
The Service supports two primary user roles:
- Job seekers use the Service to build a profile, track skills, complete training, take assessments, earn certificates, follow companies, and apply to jobs.
- Employers use the Service on behalf of a company to post jobs, review applications, manage a hiring pipeline, communicate with candidates, and publish company information.
Some sections of these Terms apply only to one role. Where a section refers to "seekers" or "employers", it applies only to that role. You may hold more than one role if you register separate accounts for different purposes, but you must not blend roles in a single account.
5. User Content
The Service allows you to submit content such as profile information, resumes, work history, education, skills, messages, reviews of companies, job postings, screening questions, assessment questions, and responses ("User Content"). You retain ownership of your User Content.
By submitting User Content, you grant Train and Hire a worldwide, non-exclusive, royalty-free, sublicensable license to host, store, reproduce, modify (for formatting and display purposes), distribute, and display that User Content solely to operate, improve, and promote the Service. This license ends when you or we remove the User Content from the Service, except that we may retain copies in backups and logs for a reasonable period.
You are solely responsible for your User Content. You represent and warrant that:
- You have all rights necessary to submit the User Content and to grant the license above.
- Your User Content is accurate and not misleading.
- Your User Content does not violate any law or any third party's rights.
We do not pre-screen User Content, but we may remove, edit, or disable access to any User Content that we believe violates these Terms or applicable law. If you want us to take down specific content, email support@trainandhire.com with a description of the content and the reason for the request.
6. Prohibited Conduct
You agree not to use the Service to:
- Send spam, unsolicited commercial messages, or chain messages.
- Scrape, crawl, harvest, or otherwise collect data from the Service by automated means without our written consent.
- Misrepresent your identity, affiliation, qualifications, or the nature of a job posting.
- Harass, threaten, bully, or intimidate any other user.
- Post content that is unlawful, defamatory, obscene, hateful, or that promotes violence.
- Discriminate against applicants on the basis of race, color, religion, sex, sexual orientation, gender identity, national origin, age, disability, veteran status, or any other protected characteristic.
- Upload viruses, malware, or any code designed to interfere with the Service.
- Reverse engineer, decompile, or attempt to extract the source code of the Service except where permitted by law.
- Use the Service to process information about applicants for any purpose other than legitimate hiring and training activities.
- Circumvent security features, rate limits, or access controls.
We may investigate suspected violations and take any action we consider appropriate, including removing content, suspending accounts, and cooperating with law enforcement.
7. Job Postings
Employers are solely responsible for their job postings and hiring decisions. If you post a job, you represent and warrant that:
- The posting is for a real, lawful position with your organization or with an organization you are authorized to represent.
- The posting complies with all applicable employment, labor, equal opportunity, and anti-discrimination laws.
- Compensation information, job titles, locations, and qualification requirements are accurate and not misleading.
- The posting does not contain criteria that unlawfully exclude protected classes.
- You will respond to applicants in a reasonable and professional manner and will update application statuses promptly.
Train and Hire does not review job postings for legal compliance and does not endorse any employer. We reserve the right to remove postings that violate these Terms or that we believe are misleading, unlawful, or harmful to users.
8. Applications and Employment
Train and Hire is a platform that helps seekers and employers find each other. We are not a party to any employment relationship, interview, offer, or contract that results from your use of the Service. We do not:
- Guarantee that any seeker will be hired or that any employer will find suitable candidates.
- Verify the identity, background, criminal history, work authorization, or credentials of any user.
- Conduct background checks, reference checks, or drug tests.
- Act as an employment agency, staffing firm, or recruiter.
You are responsible for conducting your own due diligence before accepting a job, extending an offer, meeting in person, or sharing sensitive information. If something feels wrong, report it to support@trainandhire.com.
9. Training Content, Assessments, and Certificates
The Service offers skill guides, learning paths, assessments, and certificates of completion. This content is provided for informational and educational purposes only. We make no representations about the accuracy, completeness, or suitability of any training material for any particular purpose.
Certificates issued by Train and Hire are attestations that a user completed a learning path or passed an assessment on our platform at a specific point in time. They are not accredited educational credentials, professional licenses, or guarantees of employability. Employers should use certificates as one signal among many, not as a substitute for their own evaluation of a candidate.
We may update, retire, or replace training content and assessments at any time. We do not guarantee that any specific guide, assessment, or certificate will remain available.
10. Intellectual Property
The Service, including all software, design, text, graphics, logos, and training content that we create, is owned by Train and Hire or its licensors and is protected by copyright, trademark, and other intellectual property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to access and use the Service for its intended purposes, subject to these Terms.
You may not copy, modify, distribute, sell, or create derivative works based on our content without our written permission, except where expressly allowed by these Terms or applicable law. The "Train and Hire" name and logo are our trademarks and may not be used without our written consent.
User Content is owned by the users who submit it, subject to the license in Section 5.
11. DMCA Takedown Procedure
We respect the intellectual property rights of others. If you believe that material on the Service infringes your copyright, you may submit a notice under the Digital Millennium Copyright Act (DMCA) to our designated agent at dmca@trainandhire.com. Your notice must include:
- A physical or electronic signature of the copyright owner or an authorized agent.
- Identification of the copyrighted work claimed to have been infringed.
- Identification of the material that is claimed to be infringing, with enough detail for us to locate it (such as a URL).
- Your contact information, including address, telephone number, and email.
- A statement that you have a good faith belief that the use is not authorized by the copyright owner, its agent, or the law.
- A statement, under penalty of perjury, that the information in the notice is accurate and that you are the owner or authorized to act on behalf of the owner.
If we remove material in response to a DMCA notice, the affected user may submit a counter-notice. We may terminate the accounts of repeat infringers.
12. Fees and Payment
The Service is currently offered free of charge to both seekers and employers. We may introduce paid features, subscriptions, or other fees in the future. If we do, we will give reasonable advance notice and give you the opportunity to review the new terms before any charges apply. You are not obligated to pay for any feature unless you affirmatively opt in.
13. Termination
You may stop using the Service and delete your account at any time through your account settings or by emailing support@trainandhire.com. We may suspend or terminate your access to the Service at any time, with or without notice, if:
- You violate these Terms.
- Your conduct creates legal exposure or risk of harm to us or other users.
- We are required to do so by law.
- We discontinue the Service or a portion of it.
On termination, your right to use the Service ends immediately. Sections of these Terms that by their nature should survive termination will survive, including provisions relating to User Content license, intellectual property, disclaimers, limitation of liability, indemnification, and dispute resolution.
14. Disclaimers
The Service is provided "as is" and "as available" without warranties of any kind, express or implied. To the fullest extent permitted by law, we disclaim all warranties, including warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing or usage of trade.
We do not warrant that the Service will be uninterrupted, secure, error-free, or free of viruses or other harmful components. We do not warrant the accuracy or completeness of any content on the Service, including job postings, company information, training materials, or assessment results.
15. Limitation of Liability
To the fullest extent permitted by law, in no event will Train and Hire, its affiliates, officers, directors, employees, or agents be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including lost profits, lost data, or loss of goodwill, arising out of or related to your use of the Service, whether based on contract, tort, strict liability, or any other legal theory, even if we have been advised of the possibility of such damages.
Our total cumulative liability arising out of or related to the Service or these Terms is limited to the greater of (a) the total fees you paid to us in the twelve months before the event giving rise to the claim, or (b) one hundred U.S. dollars ($100). Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of these limitations may not apply to you. In those jurisdictions, our liability is limited to the greatest extent permitted by law.
16. Indemnification
You agree to defend, indemnify, and hold harmless Train and Hire, its affiliates, and their respective officers, directors, employees, and agents from any claims, liabilities, damages, losses, and expenses, including reasonable attorneys' fees, arising out of or in any way connected with:
- Your use of the Service.
- Your User Content.
- Your violation of these Terms.
- Your violation of any law or the rights of any third party.
- Any dispute between you and any other user, including any employment dispute.
17. Governing Law and Venue
These Terms and any dispute arising out of or related to them or the Service are governed by the laws of {{GOVERNING_LAW}}, without regard to its conflict of laws rules. Subject to Section 18, you and Train and Hire agree that any lawsuit must be brought exclusively in the state or federal courts located in {{VENUE}}, and you consent to the personal jurisdiction of those courts.
18. Dispute Resolution and Arbitration
We want to resolve disputes without the cost of litigation whenever possible.
Informal resolution
Before filing any formal claim, you agree to contact us at support@trainandhire.com with a written description of the dispute and the relief you are seeking. We will attempt to resolve the dispute informally within thirty (30) days. Most concerns can be resolved this way.
Binding arbitration
If we cannot resolve a dispute informally, you and Train and Hire agree that any dispute arising out of or related to these Terms or the Service will be resolved by binding individual arbitration, except that either party may bring a claim in small claims court if it qualifies. Arbitration will be administered under the rules of a reputable arbitration provider, and judgment on the award may be entered in any court of competent jurisdiction.
No class actions
You and Train and Hire agree to bring claims only in an individual capacity and not as a plaintiff or class member in any purported class or representative proceeding.
30-day opt-out
You may opt out of this arbitration agreement by sending written notice to support@trainandhire.com within thirty (30) days of first accepting these Terms. Your notice must include your name, the email on your account, and a clear statement that you want to opt out of arbitration. Opting out will not affect any other part of these Terms.
19. Changes to Terms
We may update these Terms from time to time. When we make material changes, we will notify you by email, by posting a notice in the Service, or by updating the "Last updated" date at the top of this page. Changes take effect when we post them unless stated otherwise. If you do not agree with the updated Terms, you must stop using the Service. Your continued use after the effective date constitutes acceptance of the updated Terms.
20. Contact
If you have questions about these Terms, please contact us:
- Email: support@trainandhire.com
- Mailing address: {{COMPANY_LEGAL_NAME}}, {{REGISTERED_ADDRESS}}