Rights and Limits
Disclaimer and limit of liability
Governing Law and Dispute Resolution
HelloWerk Do’s &Dont’s and Site & App Conduct
Complaints Regarding Content
10. Contact Information
You agree that by clicking “Join Now”, registering, accessing or using our services (described below), you are agreeing to enter into a legally binding contract with HelloWerk Inc. (even if you are using our Services on behalf of a company). If you do not agree to this contract (“Contract” or “User Agreement”), do not click “Join Now” (or similar) and do not access or otherwise use any of our Services. If you wish to terminate this contract, at any time you can do so by closing your account and no longer accessing or using our Services.
This Contract applies to HelloWerk Inc., HelloWerk.com, #HelloWerk, #W, the HelloWerk app, communications and other services that state that they are offered under this Contract (“Services”), including the offsite collection of data for those Services. Registered users of our Services are “Members” and unregistered users are “Visitors”. This Contract applies to both the registered & unregistered.
1.2 Member and Visitor
When you register and join HelloWerk, you become a “Member”. If you have chosen not to register for our Services, you may be a “Visitor” and not be able to access our Services.
1.4 Cookies, Web Beacons and Other Similar Technologies
1.5 Your Device and Location
When you visit or leave our Services (including our plugins or cookies or similar technology on the sites of others), we receive the URL of both the site you came from and the one you go to next. We also get information about your IP address, proxy server, operating system, web browser and add-ons, device identifier and features, and/or ISP or your mobile carrier. If you use our Services from a mobile device, that device will send us data about your location based on your phone settings. We will ask you to opt-in before we use GPS or other tools to identify your precise location.
We collect information about you when you send, receive, or engage with messages in connection with our Services. For example, if you get a HelloWerk connection request, we track whether you have acted on it and will send you reminders. We also use automatic scanning technology on messages.
2.1 Service Eligibility
The Services are not for use by anyone under the age of 16. To use the Services, you agree that:
(1) you must be the “Minimum Age” (described below) or older;
(2) you will only have one HelloWerk account, which must be in your real name; and
(3) you are not already restricted by HelloWerk from using the Services. Creating an account with false information is a violation of our terms, including accounts registered on behalf of others or persons under the age of 16.
“Minimum Age” means 16 years old. However, if law requires that you must be older in order for HelloWerk to lawfully provide the Services to you without parental consent (including using of your personal data) then the Minimum Age is such older age.
2.2 Your Account
Members are account holders. You agree to:
(1) try to choose a strong and secure password;
(2) keep your password secure and confidential; and
(3) not transfer any part of your account (e.g., connections). You are responsible for anything that happens through your account unless you close it or report misuse.
2.3 Notices and Messages
You agree that we will provide notices and messages to you in the following ways:
(1) within the Service, or
(2) sent to the contact information you provided us (e.g., email, mobile number). You agree to keep your contact information up to date.
Please review your settings to control and limit messages you receive from us.
Our Services allow messaging and sharing of information in many ways, such as your profile, videos and job postings. Information and content that you share or post may be seen by other Members and Visitors or others (including off of the Services). Where we have made settings available, we will honor the choices you make about who can see content or information (e.g., message content to your addressees, restricting your profile visibility from search engines, or opting not to notify others of your HelloWerk profile update). For job searching activities, we default to not notifying your connections network or the public. So, if you apply for a job through our Service or opt to signal that you are interested in a job, our default is to share it only with the job poster.
We are not obligated to publish any information or content on our Service and can remove it in our sole discretion, with or without notice.
3.1 Your license to HelloWerk
As between you and HelloWerk Inc., you own the content and information that you submit or post to the Services, and you are only granting HelloWerk Inc. and our affiliates the following non-exclusive license:
A worldwide, transferable and sublicensable right to use, copy, modify, distribute, publish, and process, information and content that you provide through our Services and the services of others, without any further consent, notice and/or compensation to you or others. These rights are limited in the following ways:
You can end this license for specific content by deleting such content from the Services, or generally by closing your account, except
(a) to the extent you shared it with others as part of the Service and they copied, re-shared it or stored it and
(b) for the reasonable time it takes to remove from backup and other systems.
By submitting suggestions or other feedback regarding our Services to HelloWerk Inc., you agree that HelloWerk Inc.can use and share (but does not have to) such feedback for any purpose without compensation to you.
You agree to only provide content or information that does not violate the law nor anyone’s rights (including intellectual property rights). You also agree that your profile information will be truthful. HelloWerk Inc. may be required by law to remove certain information or content in certain countries.
3.2 Service Availability
We may change or discontinue any of our Services. We don’t promise to store or keep showing any information and content that you’ve posted.
HelloWerk Inc. reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. HelloWerk reserves the right to restrict, suspend, or terminate your account if HelloWerk believes that you may be in breach of this Contract or law or are misusing the Services.
3.4 Intellectual Property Rights
HelloWerk Inc reserves all of its intellectual property rights in the Services. Using the Services does not give you any ownership in our Services or the content or information made available through our Services. Trademarks and logos used in connection with the Services are the trademarks of their respective owners. HelloWerk Inc. and “#W” logos and other HelloWerk trademarks, service marks, graphics, and logos used for our Services are trademarks or registered trademarks of HelloWerk Inc.
3.5 Automated Processing
We will use the information and data that you provide and that we have about the Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up-to-date helps us to make these recommendations more accurate and relevant.
4.1 No Warranty
TO THE EXTENT ALLOWED UNDER LAW, HELLOWERK INC. AND ITS AFFILIATES (AND THOSE THAT HELLOWERK WORKS WITH TO PROVIDE THE SERVICES)
(A) DISCLAIM ALL IMPLIED WARRANTIES AND REPRESENTATIONS (E.G. WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY OF DATA, AND NON INFRINGEMENT);
(B) DO NOT GUARANTEE THAT THE SERVICES WILL FUNCTION WITHOUT INTERRUPTION OR ERRORS, AND
(C) PROVIDE THE SERVICE (INCLUDING CONTENT AND INFORMATION) ON AN “AS IS” AND “AS AVAILABLE” BASIS.
SOME LAWS DO NOT ALLOW CERTAIN DISCLAIMERS, SO SOME OR ALL OF THESE DISCLAIMERS MAY NOT APPLY TO YOU.
4.2 Exclusion of Liability
TO THE EXTENT PERMITTED UNDER LAW (AND UNLESS HELLOWERK HAS ENTERED INTO A SEPARATE WRITTEN AGREEMENT THAT OVERRIDES THIS CONTRACT), HELLOWERK INC. AND ITS AFFILIATES (AND THOSE THAT HELLOWERK WORKS WITH TO PROVIDE THE SERVICES) SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO THE SERVICES (E.G. OFFENSIVE OR DEFAMATORY STATEMENTS, DOWN TIME OR LOSS, USE OF, OR CHANGES TO, YOUR INFORMATION OR CONTENT).
IN NO EVENT SHALL THE LIABILITY OF HELLOWERK INC. AND ITS AFFILIATES (AND THOSE THAT HELLOWERK WORKS WITH TO PROVIDE THE SERVICES) EXCEED, IN THE AGGREGATE FOR ALL CLAIMS, AN AMOUNT THAT IS THE LESSER OF
(A) FIVE TIMES THE MOST RECENT MONTHLY OR YEARLY FEE THAT YOU PAID FOR A PREMIUM SERVICE, IF ANY, OR
(B) US $1000.
THIS LIMITATION OF LIABILITY IS PART OF THE BASIS OF THE BARGAIN BETWEEN YOU AND HELLOWERK AND SHALL APPLY TO ALL CLAIMS OF LIABILITY (E.G. WARRANTY, TORT, NEGLIGENCE, CONTRACT, LAW) AND EVEN IF HELLOWERK OR ITS AFFILIATES HAS BEEN TOLD OF THE POSSIBILITY OF ANY SUCH DAMAGE, AND EVEN IF THESE REMEDIES FAIL THEIR ESSENTIAL PURPOSE.
SOME LAWS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY, SO THESE LIMITS MAY NOT APPLY TO YOU.
Both you and HelloWerk may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use the Services. The following shall survive termination:
• Our rights to use and disclose your feedback;
• Members and Visitors rights to further re-share content and information you shared through the Ser
• Sections 4, 6, 7, and 8.2 of this Contract; • Any amounts owed by either party prior to termination remain owed after termination. You and HelloWerk agree that the laws of the State of Ontario, Canada, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and HelloWerk both agree that all claims and disputes can be litigated only in the federal or state courts in Canada, and you and HelloWerk each agree to personal jurisdiction in those courts. If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract. To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services. If we don't act to enforce a breach of this Contract, that does not mean that HelloWerk has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Hellowerk may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract. You agree that the only way to provide us legal notice is at the addresses provided in Section 10 HelloWerk is a community of professionals. This list of “Dos and Don’ts” along with our limit what you can and cannot do on our Services. You agree that you will: 1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements; 2. Provide accurate information to us and keep it updated; 3. Use your real name on your profile; and 4. Use the Services in a professional manner.
• Sections 4, 6, 7, and 8.2 of this Contract;
• Any amounts owed by either party prior to termination remain owed after termination.
You and HelloWerk agree that the laws of the State of Ontario, Canada, excluding its conflict of laws rules, shall exclusively govern any dispute relating to this Contract and/or the Services. You and HelloWerk both agree that all claims and disputes can be litigated only in the federal or state courts in Canada, and you and HelloWerk each agree to personal jurisdiction in those courts.
If a court with authority over this Contract finds any part of it unenforceable, you and we agree that the court should modify the terms to make that part enforceable while still achieving its intent. If the court cannot do that, you and we agree to ask the court to remove that unenforceable part and still enforce the rest of this Contract.
To the extent allowed by law, the English language version of this Contract is binding and other translations are for convenience only. This Contract (including additional terms that may be provided by us when you engage with a feature of the Services) is the only agreement between us regarding the Services and supersedes all prior agreements for the Services.
If we don't act to enforce a breach of this Contract, that does not mean that HelloWerk has waived its right to enforce this Contract. You may not assign or transfer this Contract (or your membership or use of Services) to anyone without our consent. However, you agree that Hellowerk may assign this Contract to its affiliates or a party that buys it without your consent. There are no third-party beneficiaries to this Contract.
You agree that the only way to provide us legal notice is at the addresses provided in Section 10
HelloWerk is a community of professionals. This list of “Dos and Don’ts” along with our limit what you can and cannot do on our Services.
You agree that you will:
1. Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
2. Provide accurate information to us and keep it updated;
3. Use your real name on your profile; and
4. Use the Services in a professional manner.
You agree that you will not:
1. Create a false identity on HelloWerk, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
2. Develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
3. Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
4. Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of HelloWerk ;
5. Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
6. Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets, or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
7. Violate the intellectual property or other rights of HelloWerk, including, without limitation,
(i) copying or distributing our learning videos or other materials or (ii) copying or distributing our technology, unless it is released under open source licenses; (iii) using the word “HelloWerk”, “HelloWerk Inc.”, “#HelloWerk”, “#W” or our logos in any business name, email, or URL except as provided in the Brand Guidelines;
8. Post anything that contains software viruses, worms, or any other harmful code;
9. Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
10. Imply or state that you are affiliated with or endorsed by HelloWerk without our express consent (e.g., representing yourself as an accredited HelloWerk specialist/trainer);
11. Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without HelloWerk’s consent;
12. Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without HelloWerk’s consent;
13. Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
14. Monitor the Services’ availability, performance or functionality for any competitive purpose;
15. Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
16. Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
17. Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
18. Violate the any additional terms concerning a specific Service that are provided when you sign up for or start using such Service.
8.3. Site & App Conduct
Your use of HelloWerk is subject to all applicable laws and regulations, and you are solely responsible for the substance of your communications through the site. By posting information in or otherwise using any communications service, you agree that you will not upload, share, post, or otherwise distribute or facilitate distribution of any content including text, communications, software, images, sounds, data, or other information that:
a.) is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b.) victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c.) infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d.) constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e.) contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f.) impersonates any person or entity, including any of our employees or representatives.
We respect the intellectual property rights of others. We require that information posted by the Members be accurate and not in violation of the intellectual property rights or other rights of third parties. All complaints concerning content posted by our Members or Visitors should be addressed to our addresses provided in the Contact Information.
If you want to send us notices or service of process,
please contact us at Hi@hellowerk.com
or 2917, Burk Oak Ave, Markham, Ontario L6B 1E6 Canada.