Terms of Use

Last updated: January 17, 2020

- For Employers
- For Talents/Candidates
- For Recruitment Agencies

Terms Of Use for Employers

unicorn.io

AGREEMENT TO TERMS

PREAMBLE

The MNK Group SA operates Unicorn.io (hereinafter referred to as “Unicorn” or “We” or “Our”) which is an online tech job marketplace. Through its Services Unicorn connects companies looking for talents with jobseekers matching the right talent with the right opportunity.

  1. Definitions
  • Company(ies): company(ies) looking for (a) Talent(s).
  • Content: all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphic of the Site.
  • Privacy policy: conditions governing the collection, storage, transmission and suppression of User data.
  • Service(s): any service(s) offered by Unicorn on the Site.
  • Site: the website “unicorn.io” and all its websites and/or any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto.
  • Terms of Use or Them: the present terms of use.
  • Talent(s): IT professional(s) with a profile on the Site.
  • User(s) or You or Your: (a) Talent(s), (a) Company(ies) or any visitor of the Site using the Services in any way.
  • Placement: any form of employment, contracting or other use of a Talent by a Company
  1. Scope Of The Terms Of Use And Access To The Site
    1. The Terms of Use govern the browsing and the use of the Site, as well as the use of the Services.
    2. By using / browsing the Site and / or the Services, You represent that You have read the Terms of Use, that you agree to be bound by Them and undertake to comply therewith. If you do not agree with one or more of the previsions contained herein, you are expressly prohibited from using the site and you must discontinue use immediately.
    3. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
    4. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent these local laws are applicable.
    5. The Site is intended for Users who are of legal age. All Users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If You are a minor, You must have Your parent or guardian read and agree to the Terms of Use prior to You using the Site.
  2. Company Registration & Use of Service
  1. Once the Company has created an account, they will have a access to limited functionalities of the Unicorn platform. The company will be required to complete its profile to gain full access to the candidates’ information, and request interviews. The approval of a profile is at Unicorn’s sole discretion. Unicorn can require the Company to provide additional information if deemed necessary.
  2. Once the Company has a profile, it can view Talent’s profiles and invite them for interviews on the platform. Talent’s profiles that have been seen on the platform are considered as introduced by Unicorn (“Introduction”). If the Company views a profile that had been introduced to them in the past twelve months, either directly or by a Third party, the Company will inform Unicorn in writing and provide clear proof of prior introduction. Failure to do so, the Talent will be considered as introduced by Unicorn. Proof must be writing communication with clear mention of the Talent and the Company and identification of the opportunity to hire the Talent.
  3. If You hold an account in the Site, You agree to keep Your password confidential and to be held responsible for all use of Your account and password.
  4. When creating an account on the Site, the Company acknowledges and accepts that some portion his/her profile may be publicly accessible on the Site and that Talents, third parties and/or any visitor of the Site may view, copy and/or use the information displayed on his/her profile.
  5. Unicorn will make reasonable efforts to match Companies with Talents but does not offer any guarantee that a match will be made through its Service.
  6. Unless agreed in writing, Unicorn is not responsible for assisting the Company obtaining work or any other permits for the Talents.
  7. a. Unicorn vets it’s candidate through phone screening and using tests provided by our partner, killercoder.io, however the Company remains responsible for making sure the Candidate is suitable for intended position.
  8. The Company own all of the content and personal information he provides to Us but he agrees to grant Us a non-exclusive, free, unrevokable and geographically unrestricted license to use it for the purpose of providing the Services. This license ends upon termination of the Company’s account.
  9. We reserve the right to remove, reclaim or change a username You have selected if We determine, in Our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
  1. Obligations
    1. By using the Site, the Company represents and warrants that:
      • all registration information You submit is true, accurate, current, and complete;
      • You will maintain the accuracy of such information and ensure that it is always current and complete;
      • You have legal capacity;
      • You are not under the legal age;
      • You are not a minor in the jurisdiction in which You reside, or if You are a minor, You have received parental permission to use the Site;
      • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
      • You will not use the Site for any illegal or unauthorized purpose; and
      • Your use of the Site will not violate any applicable law or regulation.
    1. If a Talent gets in contact with the Company outside of the platform, the Company will inform Unicorn in writing within five business days.
  1. Specifically prohibited activities
    1. In general, You may not access or use the Site for any other purpose than the one for which we make the Site available and you undertake to only use the Site and its functionalities in good faith.
    2. The Site may not be used in connection with any commercial activity except those that are specifically endorsed or approved by Us.
    3. The following are strictly prohibited:
  • retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, a compilation, a database or a directory, without written permission from Us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of Users by electronic or by any other means for the purpose of sending unsolicited emails or creating Users’ accounts by automated means or/and purpose not authorized under the Terms of Use.
  • Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or the copy of any content or enforce limitations on the use of the Site and/or the content therein.
  • Engage in unauthorized framing of/or linking to the Site.
  • Trick, defraud or mislead Us or other Users, notably to collect sensitive account information such as Users’ passwords.
  • Make improper use of Our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the Site’s system, such as using scripts to send comments or messages or using any data mining, robots or similar data gathering and extraction tools.
  • Interfere with, disrupt or create an undue burden on the Site or on the networks and/or services connected to the Site.
  • Attempt to impersonate another User or person or use the username of another User.
  • Sell or otherwise transfer Your profile.
  • Use any information obtained in the Site for purposes not foreseen under these Terms of Use.
  • Use the Site as part of any effort to compete with Us or otherwise use the Site and/or the Content for any income-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Delete or otherwise make unavailable or invisible the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operations or maintenance of the Site.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or internet browser usage, use launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Disparage, tarnish or otherwise harm, in Our opinion and at Our sole discretion, Us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Seek to encourage any employee of Unicorn to leave their position.
    1. Any misrepresentation, and/or any failure to abide by the above representations and warranties, may lead to the suspension or termination of Your account. In that event, any amount due – or that may become due in the future – to Unicorn will remain due.
  1. Placement & Payment Terms
    1. If the Company makes an offer to a Talent, the Company will inform Unicorn in writing of the date of the offer and the salary offered, as soon as possible but no later than five business days after the offer was made. Unicorn may inquire about the status of ongoing discussion between the Talent and the Company.
    2. If the Company contracts the Talent (“Placement”) prior to, or 24 month after an Introduction, the Company will inform Unicorn in writing of the date of the offer and the salary agreed upon, as soon as possible but no later than five business days after the offer was agreed upon. Company will share within that timeframe the signed agreement between the Talent and the Company with Unicorn to confirm that the Placement has been made.
    3. The salary upon which the commission due to Unicorn will be calculated include the annual gross salary, commissions, allowances, anticipated bonus and all other compensation that the Talent will receive during the first year of his placement.
    4. When a Placement is made, the Company agrees that the Talent is authorized to share with Unicorn the details of the agreement between the Talent and the Company.
    5. Unless agreed otherwise in writing, Unicorn will be due a placement fee in the amount equal to fifteen percent (15%) of the placed Talent’s first year's gross salary, including sign-on bonus and all other compensation the Candidates receives or is anticipated to receive during the first year of his placement, for each placement.
    6. The Company will be invoiced upon the Talent's first day of employment for ten percent (10%) of the total sum and the remaining five percent (5%) after 30 days of employment. Invoices are due and payable to Unicorn within thirty (30) days of the Talent’s first day of employment, and after the final invoice was received by the Company.
    7. If the Company or the Talent decides to terminate their contract within 30 days of the starting date, for any reason other than company lay-off, Unicorn will find a suitable replacement free of additional charge.
  2. Non-Circumvention
    1. The Company undertakes to use the Site in good faith and to interact and/or negotiate with Talents exclusively through the Site.
    2. In particular, the Company undertakes not to, in any way, shape or form:
  • circumvent, or attempt to circumvent, article 7.1.;
  • make commercial offers to Talents outside the Site without informing Unicorn;
  • accept a commercial offer from one or more Talents out of the Site without informing Unicorn;
  • deprive, or seek to deprive, Unicorn of its fees or involvement as an intermediary;
  • conceal, or attempt to conceal negotiations and/or agreements with one or more Talents;
  • adopt any kind of behavior that could result in Unicorn being, partially or completely, deprived of its role as an intermediary and/or its dues;
    1. In case of breach of articles 7.1. and 7.2. by the Company, the Company shall pay liquidated damages to Unicorn in an amount of USD 45’000. The payment of liquidated damages does not exempt the Company from compliance with the Terms of Use. Unicorn reserves the right to claim compensation for any prejudice incurred in excess of the liquidated damages. Should a court of competent jurisdiction hold that the liquidated damages are excessive under the applicable law, the liquidated damages shall be deemed reduced to the maximum amount authorized thereunder.
    2. This clause does not apply if the Company and the Talent had entered into contractual discussions prior to their use of the Site. In the event of a dispute in relation to this subject-matter, the burden of proving the existence of these prior negotiations lies with the Company.
  1. Modifications And Interruptions Of The Site
    1. We reserve the right to change, modify, or remove the Content of the Site at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.
    2. We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site.
    3. Nothing in the Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
  1. Privacy Policy
    1. We care about data privacy and security. Please review the Privacy Policy: https://unicorn.io/en/legal/privacy-policy.
    2. By using the Site, You agree to be bound by Our Privacy Policy, which is incorporated into the Terms of Use.
    3. Further, We do not knowingly accept, request, or solicit information from children or knowingly market to children and Our Content or service is by nature designed, branded and distributed for users over the age of 18. If We receive actual knowledge that anyone under the age of 18 is using or has provided personal information to Us without the requisite and verifiable parental consent, We will delete that information from the Site as quickly as it is reasonably practical.
  1. Submissions
    1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedbacks or any other information regarding the Site (“Submissions”) provided by You to Us are non-confidential and shall become Our sole property. As such, we reserve the right to use the “questions, comments, suggestions, ideas, feedbacks or any other information regarding the Site” as foreseen by the Terms of use or any other purpose, within the limitations of applicable laws.
  1. Term And Termination
    1. The Terms of Use shall remain in full force and effect while You use the Site, hold a User account, engage in negotiations with, or perform work for, a Company that may entitle Unicorn to a payment.
    2. Notwithstanding any other provision of the Terms of Use, We reserve the right, in Our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including, but without limitation, for breach of any representation, warranty, or covenant contained in the Terms of Use or of any applicable law or regulation. We may terminate Your use or participation in the Site or delete Your account and any content or information that You posted at any time, without warning, in Our sole discretion.
    3. If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You are acting on behalf of that third party.
    4. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  1. Site Management
    1. We reserve the right, but are not obligated, to:
  • monitor the Site for violations of the Terms of Use;
  • take appropriate legal actions against anyone who, in Our sole discretion, violates the law or the Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your contributions or any portion thereof;
  • in Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and
  • otherwise manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site.
  1. Intellectual Property Rights
    1. The Intellectual property rights are all rights and prerogatives arising from the Swiss and international legislation on the protection of copyright, trademarks, design, patent and know-how.
    2. The Site is Our sole property and the Content and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Switzerland, foreign jurisdictions, and international conventions.
    3. Except as expressly provided in the Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
  1. Third-Parties’ Websites And Content
    1. The Site may contain, or You may be sent via the Site, links to other websites ("Third-Parties’ Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Parties’ Content").
    2. Such Third-Parties’ Websites and Third-Parties’ Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Parties’ Websites accessed through the Site or any Third-Parties’ Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Parties’ Websites or the Third-Parties’ Content. Inclusion of, linking to, or permitting the use or installation of any Third-Parties’ Websites or any Third-Parties’ Content does not imply approval or endorsement thereof by Us. If You decide to access the Third-Parties’ Websites or to use or install any Third-Parties’ Content, You do so at Your own risk.
    3. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Site or relating to any applications You use or install from the Site.
    4. Any purchases you make through Third-Parties’ Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.
    5. You acknowledge and agree that We do not endorse the products or services offered on Third-Parties’ Websites and You shall hold Us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Parties’ Content or any contact with Third-Parties’ Websites.
  2. Modification Of The Terms Of Use And Updates
    1. We reserve the right, in Our sole discretion, to modify, in any way, the Terms of Use at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of the Terms of Use.
    2. You waive any right to receive specific notice of any modification of the Terms of Use. It is Your responsibility to periodically review the Terms of Use to stay informed of potential updates. You shall be subject to and will be deemed to have been made aware of and to have accepted any modifications of the Terms of Use or any revised Terms of Use by Your continued use of the Site after the date such revised Terms of Use are posted.
  3. Limitation Of Liabilities
    1. In no event shall We or Our directors, employees or agents be liable to You or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit, loss of revenue, loss of data or other damages arising from Your use of the Site, even if We have been advised of the possibility of such damages.
    2. Depending on the place of Your residence, some limitations on implied warranties or the exclusion or limitation of certain damages may not be applicable. If these laws apply to You, some or all the above disclaimers or limitations may not apply to You, and You may have additional rights.
  1. Governing Law And Dispute Resolution
    1. The Terms of Use shall be governed by Swiss law.
    2. Any dispute arising out or in relation with the Terms of Use shall be submitted to the courts of Geneva, Switzerland.
    3. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from the Terms of Use.
  1. Indemnification
    1. You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
  • use of the Site;
  • breach of the Terms of Use;
  • any breach of Your representations and warranties set forth in the Terms of Use;
  • Your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • any harmful act towards any other User of the Site with whom You connected via the Site.
    1. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
    2. You agree and undertake to immediately notify Us of any legal action foreseen in this article.
  1. Disclaimer
    1. This article applies to any situation not covered by the other articles of the Terms of Use.
    2. You agree that Your use of the Site and Our services will be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the Site and Your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    3. We make no warranties or representations about the accuracy or completeness of the Site or the Content or the content of any websites linked to the Site and We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Site, (3) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
    4. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and We will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgement and exercise caution where appropriate.
  1. General Provisions
    1. The Terms of Use, the Privacy Policy and any policies or operating rules posted by Us on the Site or in respect to the Site, are intended by the parties to be a complete and exclusive expression of their agreement. Without prejudice to specific written agreements signed by Us with You, no other agreement, representations, promises, commitments or the like, of any nature, written or oral, express or implied, exist between the parties except as set forth or referenced herein.
    2. Our failure to exercise or enforce at any time any of the provisions of the Terms of Use or to require at any time performance by You of any of such provisions shall in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of the Terms of Use or any part thereof or Our right thereafter to enforce each and every provision.
    3. In the event that any provision of the Terms of Use, or any portion thereof, shall be held invalid, void, illegal, or unenforceable under applicable law, the remainder of the Terms of Use shall remain valid and enforceable.
    4. Neither party shall be liable to the other for its failure to perform any of its obligations under the Terms of Use during any period in which such performance is delayed because rendered impractical or impossible due to Force majeure, provided that the party experiencing the Force majeure promptly notifies the other of the Force majeure case.
    5. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of the Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against Us by virtue of having drafted Them. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.
    6. Upon the termination or cancellation of the Terms of Use or any clause hereof for any reason, those clauses which are intended to continue and survive such termination or cancellation shall so continue and survive.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Unicorn.io

Email: support@unicorn.io

Website: https://unicorn.io/

Terms Of Use for Talents

unicorn.io

 AGREEMENT TO TERMS

 PREAMBLE

 The MNK Group SA operates Unicorn.io (hereinafter referred to as “Unicorn” or “We” or “Our”) which is an online tech job marketplace. Through its Services Unicorn connects companies looking for talents with jobseekers matching the right talent with the right opportunity.

  1. Definitions
  • Company(ies): company(ies) looking for (a) Talent(s).
  • Content: all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphic of the Site.
  • Privacy policy: conditions governing the collection, storage, transmission and suppression of User data.
  • Service(s): any service(s) offered by Unicorn on the Site.
  • Site: the website “unicorn.io” and all its websites and/or any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto.
  • Terms of Use or Them: the present terms of use.
  • Talent(s): IT professional(s) with a profile on the Site.
  • User(s) or You or Your: (a) Talent(s), (a) Company(ies) or any visitor of the Site using the Services in any way.
  • Placement: any form of employment, contracting or other use of a Talent by a Company
  1. Scope Of The Terms Of Use And Access To The Site
    1. The Terms of Use govern the browsing and the use of the Site, as well as the use of the Services.
    2. By using / browsing the Site and / or the Services, You represent that You have read the Terms of Use, that you agree to be bound by Them and undertake to comply therewith. If you do not agree with one or more of the previsions contained herein, you are expressly prohibited from using the site and you must discontinue use immediately.
    3. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
    4. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent these local laws are applicable.
    5. The Site is intended for Users who are of legal age. All Users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If You are a minor, You must have Your parent or guardian read and agree to the Terms of Use prior to You using the Site.
  2. Talent Registration
  1. Once the Talent has created an account, Talent will conduct a telephone interview with Unicorn. Unicorn will let the Talent know, generally within five business days of the interview, whether the application is approved or rejected. The approval is at Unicorn’s sole discretion. Unicorn can require the Talent to provide additional information if deemed necessary and complete a coding challenge to assess the candidates coding level.
  2. If You hold an account in the Site, You agree to keep Your password confidential and to be held responsible for all use of Your account and password.
  3. When creating an account on the Site, the Talent acknowledges and accepts that his/her profile may be publicly accessible on the Site and that Clients, third parties and/or any visitor of the Site can view, copy and/or use some of the information displayed on his/her profile.
  4. The Talent owns all of the content and personal information he provides to Us but he agrees to grant Us a non-exclusive, free, unrevokable and geographically unrestricted license to use it for the purpose of providing the Services. This license ends upon termination of the Talent’s account.
  5. We reserve the right to remove, reclaim or change a username You have selected if We determine, in Our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
  1. Obligations
    1. By using the Site, the Talent represents and warrants that:
  • all registration information You submit is true, accurate, current, and complete;
  • You will maintain the accuracy of such information and ensure that it is always current and complete;
  • You have legal capacity;
  • You are not under the legal age;
  • You are not a minor in the jurisdiction in which You reside, or if You are a minor, You have received parental permission to use the Site;
  • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
  • You will not use the Site for any illegal or unauthorized purpose; and
  • Your use of the Site will not violate any applicable law or regulation.
    1. If a company gets in contact with the Talent outside of the platform, the Talent will inform Unicorn in writing within five business days.
  1. Specifically prohibited activities
    1. In general, You may not access or use the Site for any other purpose than the one for which we make the Site available and you undertake to only use the Site and its functionalities in good faith.
    2. The Site may not be used in connection with any commercial activity except those that are specifically endorsed or approved by Us.
    3. The following are strictly prohibited:
  • retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, a compilation, a database or a directory, without written permission from Us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of Users by electronic or by any other means for the purpose of sending unsolicited emails or creating Users’ accounts by automated means or/and purpose not authorized under the Terms of Use.
  • Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or the copy of any content or enforce limitations on the use of the Site and/or the content therein.
  • Engage in unauthorized framing of/or linking to the Site.
  • Trick, defraud or mislead Us or other Users, notably to collect sensitive account information such as Users’ passwords.
  • Make improper use of Our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the Site’s system, such as using scripts to send comments or messages or using any data mining, robots or similar data gathering and extraction tools.
  • Interfere with, disrupt or create an undue burden on the Site or on the networks and/or services connected to the Site.
  • Attempt to impersonate another User or person or use the username of another User.
  • Sell or otherwise transfer Your profile.
  • Use any information obtained in the Site for purposes not foreseen under these Terms of Use.
  • Use the Site as part of any effort to compete with Us or otherwise use the Site and/or the Content for any income-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Delete or otherwise make unavailable or invisible the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operations or maintenance of the Site.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or internet browser usage, use launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Disparage, tarnish or otherwise harm, in Our opinion and at Our sole discretion, Us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
    1. Any misrepresentation, and/or any failure to abide by the above representations and warranties, may lead to the suspension or termination of Your account. In that event, any amount due – or that may become due in the future – to Unicorn will remain due.
  1. Placement of the Talent
    1. If the Talent receives an offer by a Company, the Talent will inform Unicorn in writing of the date of the offer and the salary offered, as soon as possible but no later than five business days after the offer was made. Unicorn may inquire about the status of ongoing discussion between the Talent and the Company.
    2. If the Talent is contracted by a Company (“Placement”), the Talent will inform Unicorn in writing of the date of the offer and the salary agreed upon, as soon as possible but no later than five business days after the offer was agreed upon. The Talent will share within that timeframe the signed agreement between the Talent and the Company with Unicorn to confirm that the Placement has been made.
    3. When a Placement is made, the Talent agrees that the Company is authorized to share with Unicorn the details of the agreement between the Talent and the Company.

 

  1. Modifications And Interruptions Of The Site
    1. We reserve the right to change, modify, or remove the Content of the Site at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.
    2. We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site.
    3. Nothing in the Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
  1. Privacy Policy
    1. We care about data privacy and security. Please review the Privacy Policy: https://unicorn.io/en/legal/privacy-policy.
    2. By using the Site, You agree to be bound by Our Privacy Policy, which is incorporated into the Terms of Use.
    3. Further, We do not knowingly accept, request, or solicit information from children or knowingly market to children and Our Content or service is by nature designed, branded and distributed for users over the age of 18. If We receive actual knowledge that anyone under the age of 18 is using or has provided personal information to Us without the requisite and verifiable parental consent, We will delete that information from the Site as quickly as it is reasonably practical.
  1. Submissions
    1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedbacks or any other information regarding the Site (“Submissions”) provided by You to Us are non-confidential and shall become Our sole property. As such, we reserve the right to use the “questions, comments, suggestions, ideas, feedbacks or any other information regarding the Site” as foreseen by the Terms of use or any other purpose, within the limitations of applicable laws.
  1. Term And Termination
    1. The Terms of Use shall remain in full force and effect while You use the Site, hold a User account, engage in negotiations with, or perform work for, a Company that may entitle Unicorn to a payment.
    2. Notwithstanding any other provision of the Terms of Use, We reserve the right, in Our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including, but without limitation, for breach of any representation, warranty, or covenant contained in the Terms of Use or of any applicable law or regulation. We may terminate Your use or participation in the Site or delete Your account and any content or information that You posted at any time, without warning, in Our sole discretion.
    3. If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You are acting on behalf of that third party.
    4. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  1. Site Management
    1. We reserve the right, but are not obligated, to:
  • monitor the Site for violations of the Terms of Use;
  • take appropriate legal actions against anyone who, in Our sole discretion, violates the law or the Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your contributions or any portion thereof;
  • in Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and
  • otherwise manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site.
  1. Intellectual Property Rights
    1. The Intellectual property rights are all rights and prerogatives, registered or not, arising from the Swiss and international legislation on the protection of copyright, trademarks, design, patent and know-how.
    2. The Site is Our sole property and the Content and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Switzerland, foreign jurisdictions, and international conventions.
    3. Except as expressly provided in the Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
  1. Third-Parties’ Websites And Content
    1. The Site may contain, or You may be sent via the Site, links to other websites ("Third-Parties’ Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Parties’ Content").
    2. Such Third-Parties’ Websites and Third-Parties’ Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Parties’ Websites accessed through the Site or any Third-Parties’ Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Parties’ Websites or the Third-Parties’ Content. Inclusion of, linking to, or permitting the use or installation of any Third-Parties’ Websites or any Third-Parties’ Content does not imply approval or endorsement thereof by Us. If You decide to access the Third-Parties’ Websites or to use or install any Third-Parties’ Content, You do so at Your own risk.
    3. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Site or relating to any applications You use or install from the Site.
    4. Any purchases you make through Third-Parties’ Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.
    5. You acknowledge and agree that We do not endorse the products or services offered on Third-Parties’ Websites and You shall hold Us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Parties’ Content or any contact with Third-Parties’ Websites.
  2. Modification Of The Terms Of Use And Updates
    1. We reserve the right, in Our sole discretion, to modify, in any way, the Terms of Use at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of the Terms of Use.
    2. You waive any right to receive specific notice of any modification of the Terms of Use. It is Your responsibility to periodically review the Terms of Use to stay informed of potential updates. You shall be subject to and will be deemed to have been made aware of and to have accepted any modifications of the Terms of Use or any revised Terms of Use by Your continued use of the Site after the date such revised Terms of Use are posted.
  3. Limitation Of Liabilities
    1. In no event shall We or Our directors, employees or agents be liable to You or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit, loss of revenue, loss of data or other damages arising from Your use of the Site, even if We have been advised of the possibility of such damages.
    2. Depending on the place of Your residence, some limitations on implied warranties or the exclusion or limitation of certain damages may not be applicable. If these laws apply to You, some or all the above disclaimers or limitations may not apply to You, and You may have additional rights.
  1. Governing Law And Dispute Resolution
    1. The Terms of Use shall be governed by Swiss law.
    2. Any dispute arising out or in relation with the Terms of Use shall be submitted to the courts of Geneva, Switzerland.
    3. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from the Terms of Use.
  1. Indemnification
    1. You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
  • use of the Site;
  • breach of the Terms of Use;
  • any breach of Your representations and warranties set forth in the Terms of Use;
  • Your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • any harmful act towards any other User of the Site with whom You connected via the Site.
    1. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
    2. You agree and undertake to immediately notify Us of any legal action foreseen in this article.
  1. Disclaimer
    1. This article applies to any situation not covered by the other articles of the Terms of Use.
    2. You agree that Your use of the Site and Our services will be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the Site and Your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    3. We make no warranties or representations about the accuracy or completeness of the Site or the Content or the content of any websites linked to the Site and We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Site, (3) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
    4. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and We will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgement and exercise caution where appropriate.
  1. General Provisions
    1. The Terms of Use, the Privacy Policy and any policies or operating rules posted by Us on the Site or in respect to the Site, are intended by the parties to be a complete and exclusive expression of their agreement. Without prejudice to specific written agreements signed by Us with You, no other agreement, representations, promises, commitments or the like, of any nature, written or oral, express or implied, exist between the parties except as set forth or referenced herein.
    2. Our failure to exercise or enforce at any time any of the provisions of the Terms of Use or to require at any time performance by You of any of such provisions shall in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of the Terms of Use or any part thereof or Our right thereafter to enforce each and every provision.
    3. In the event that any provision of the Terms of Use, or any portion thereof, shall be held invalid, void, illegal, or unenforceable under applicable law, the remainder of the Terms of Use shall remain valid and enforceable.
    4. Neither party shall be liable to the other for its failure to perform any of its obligations under the Terms of Use during any period in which such performance is delayed because rendered impractical or impossible due to Force majeure, provided that the party experiencing the Force majeure promptly notifies the other of the Force majeure case.
    5. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of the Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against Us by virtue of having drafted Them. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.
    6. Upon the termination or cancellation of the Terms of Use or any clause hereof for any reason, those clauses which are intended to continue and survive such termination or cancellation shall so continue and survive.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Unicorn.io

Email: support@unicorn.io

Website: https://unicorn.io/

Terms Of Use for Recruitment Agencies

unicorn.io

AGREEMENT TO TERMS

PREAMBLE

The MNK Group SA operates Unicorn.io (hereinafter referred to as “Unicorn” or “We” or “Our”) which is an online tech job marketplace. Through its Services Unicorn connects companies looking for talents with jobseekers matching the right talent with the right opportunity.

  1. Definitions
  • Company(ies): company(ies) looking for (a) Talent(s).
  • Content: all source code, databases, functionality, software, website designs, audio, video, text, photographs and graphic of the Site.
  • Privacy policy: conditions governing the collection, storage, transmission and suppression of User data.
  • Service(s): any service(s) offered by Unicorn on the Site.
  • Site: the website “unicorn.io” and all its websites and/or any other media form, media channel, mobile website or mobile application related, linked or otherwise connected thereto.
  • Terms of Use or Them: the present terms of use.
  • Talent(s): IT professional(s) with a profile on the Site.
  • User(s) or You or Your: (a) Talent(s), (a) Company(ies) or any visitor of the Site using the Services in any way.
  • Placement: any form of employment, contracting or other use of a Talent by a Company
  1. Scope Of The Terms Of Use And Access To The Site
    1. The Terms of Use govern the browsing and the use of the Site, as well as the use of the Services.
    2. By using / browsing the Site and / or the Services, You represent that You have read the Terms of Use, that you agree to be bound by Them and undertake to comply therewith. If you do not agree with one or more of the previsions contained herein, you are expressly prohibited from using the site and you must discontinue use immediately.
    3. The information provided on the Site is not intended for distribution to or use by any person or entity in any jurisdiction or country where such distribution or use would be contrary to law or regulation or which would subject us to any registration requirement within such jurisdiction or country.
    4. Accordingly, those persons who choose to access the Site from other locations do so on their own initiative and are solely responsible for compliance with local laws, if and to the extent these local laws are applicable.
    5. The Site is intended for Users who are of legal age. All Users who are minors in the jurisdiction in which they reside (generally under the age of 18) must have the permission of, and be directly supervised by, their parent or guardian to use the Site. If You are a minor, You must have Your parent or guardian read and agree to the Terms of Use prior to You using the Site.
  2. Company Registration & Use of Service
  1. Once the Company has created its account, Unicorn will contact the Company to understand the Company specific needs. Following that conversation, the Company will be required to sign a Partnership Agreement before a profile is provided to access the Service. The creation of a profile is at Unicorn’s sole discretion. Unicorn can require the Company to provide additional information if deemed necessary.
  2. Once the Company has a profile, it can view Talent’s profiles and invite them for interviews on the platform. Talent’s profiles that have been seen on the platform are considered as introduced by Unicorn (“Introduction”). If the Company views a profile that had been introduced to them in the past twelve months, either directly or by a Third party, the Company will inform Unicorn in writing and provide clear proof of prior introduction. Failure to do, the Talent will be considered as introduced by Unicorn. Proof must be writing communication with clear mention of the Talent and the Company and identification of the opportunity to hire the Talent.
  3. If You hold an account in the Site, You agree to keep Your password confidential and to be held responsible for all use of Your account and password.
  4. When creating an account on the Site, the Company acknowledges and accepts that some portion his/her profile may be publicly accessible on the Site and that Talents, third parties and/or any visitor of the Site may view, copy and/or use the information displayed on his/her profile.
  5. Unicorn will make reasonable efforts to match Companies with Talents but does not offer any guarantee that a match will be made through its Service.
  6. Unless agreed in writing, Unicorn is not responsible for assisting the Company obtaining work or any other permits for the Talents.
  7. Unicorn vets it’s candidate through phone screening and using tests provided by our partner, io, however the Company remains responsible for making sure the Candidate is suitable for intended position.
  8. The Company own all of the content and personal information he provides to Us but he agrees to grant Us a non-exclusive, free, unrevokable and geographically unrestricted license to use it for the purpose of providing the Services. This license ends upon termination of the Company’s account.
  9. We reserve the right to remove, reclaim or change a username You have selected if We determine, in Our sole discretion, that such username is inappropriate, obscene or otherwise objectionable.
  1. Obligations
    1. By using the Site, the Company represents and warrants that:
      • all registration information You submit is true, accurate, current, and complete;
      • You will maintain the accuracy of such information and ensure that it is always current and complete;
      • You have legal capacity;
      • You are not under the legal age;
      • You are not a minor in the jurisdiction in which You reside, or if You are a minor, You have received parental permission to use the Site;
      • You will not access the Site through automated or non-human means, whether through a bot, script, or otherwise;
      • You will not use the Site for any illegal or unauthorized purpose; and
      • Your use of the Site will not violate any applicable law or regulation.
    1. If a Talent gets in contact with the Company outside of the platform, the Company will inform Unicorn in writing within five business days.
  1. Specifically prohibited activities
    1. In general, You may not access or use the Site for any other purpose than the one for which we make the Site available and you undertake to only use the Site and its functionalities in good faith.
    2. The Site may not be used in connection with any commercial activity except those that are specifically endorsed or approved by Us.
    3. The following are strictly prohibited:
  • retrieve data or other content from the Site to create or compile, directly or indirectly, a collection, a compilation, a database or a directory, without written permission from Us.
  • Make any unauthorized use of the Site, including collecting usernames and/or email addresses of Users by electronic or by any other means for the purpose of sending unsolicited emails or creating Users’ accounts by automated means or/and purpose not authorized under the Terms of Use.
  • Circumvent, disable or otherwise interfere with security-related features of the Site, including features that prevent or restrict the use or the copy of any content or enforce limitations on the use of the Site and/or the content therein.
  • Engage in unauthorized framing of/or linking to the Site.
  • Trick, defraud or mislead Us or other Users, notably to collect sensitive account information such as Users’ passwords.
  • Make improper use of Our support services or submit false reports of abuse or misconduct.
  • Engage in any automated use of the Site’s system, such as using scripts to send comments or messages or using any data mining, robots or similar data gathering and extraction tools.
  • Interfere with, disrupt or create an undue burden on the Site or on the networks and/or services connected to the Site.
  • Attempt to impersonate another User or person or use the username of another User.
  • Sell or otherwise transfer Your profile.
  • Use any information obtained in the Site for purposes not foreseen under these Terms of Use.
  • Use the Site as part of any effort to compete with Us or otherwise use the Site and/or the Content for any income-generating endeavor or commercial enterprise.
  • Decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Site.
  • Delete or otherwise make unavailable or invisible the copyright or other proprietary rights notice from any Content.
  • Copy or adapt the Site’s software, including but not limited to PHP, HTML, JavaScript, or other code.
  • Upload or transmit (or attempt to upload or transmit) viruses, Trojan horses, or other material, including excessive use of capital letters and spamming (continuous posting of repetitive text), that interferes with any party’s uninterrupted use and enjoyment of the Site or modifies, impairs, disrupts, alters or interferes with the use, features, functions, operations or maintenance of the Site.
  • Upload or transmit (or attempt to upload or transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1x1 pixels, web bugs, cookies, or other similar devices (sometimes referred as “spyware” or “passive collection mechanisms” or “pcms”).
  • Except as may be the result of standard search engine or internet browser usage, use launch, develop or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, or offline reader that accesses the Site, or using or launching any unauthorized script or other software.
  • Disparage, tarnish or otherwise harm, in Our opinion and at Our sole discretion, Us and/or the Site.
  • Use the Site in a manner inconsistent with any applicable laws or regulations.
  • Seek to encourage any employee of Unicorn to leave their position.
    1. Any misrepresentation, and/or any failure to abide by the above representations and warranties, may lead to the suspension or termination of Your account. In that event, any amount due – or that may become due in the future – to Unicorn will remain due.
  1. Placement
    1. If the Company makes an offer by a Company, the Company will inform Unicorn in writing of the date of the offer and the salary offered, as soon as possible but no later than five business days after the offer was made. Unicorn may inquire about the status of ongoing discussion between the Talent and the Company.
    2. If the Company contracts is contracted Talent (“Placement”) prior to, or 24 month after an Introduction, the Company will inform Unicorn in writing of the date of the offer and the salary agreed upon, as soon as possible but no later than five business days after the offer was agreed upon. Company will share within that timeframe the signed agreement between the Talent and the Company with Unicorn to confirm that the Placement has been made.
    3. The salary upon which the commission to Unicorn will be calculated include the annual gross salary, commissions, allowances, anticipated bonus and all other compensation that the Talent will receive during the first year of his placement.
    4. When a Placement is made, the Company agrees that the Talent is authorized to share with Unicorn the details of the agreement between the Talent and the Company.
  2. Non-Circumvention
    1. The Company undertakes to use the Site in good faith and to interact and/or negotiate with Talents exclusively through the Site.
    2. In particular, the Company undertakes not to, in any way, shape or form:
  • circumvent, or attempt to circumvent, article 7.1.;
  • make commercial offers to Talents outside the Site without informing Unicorn;
  • accept a commercial offer from one or more Talents out of the Site without informing Unicorn;
  • deprive, or seek to deprive, Unicorn of its fees or involvement as an intermediary;
  • conceal, or attempt to conceal negotiations and/or agreements with one or more Talents;
  • adopt any kind of behavior that could result in Unicorn being, partially or completely, deprived of its role as an intermediary and/or its dues;
    1. In case of breach of articles 7.1. and 7.2. by the Company, the Company shall pay liquidated damages to Unicorn in an amount of USD 45’000. The payment of liquidated damages does not exempt the Company from compliance with the Terms of Use. Unicorn reserves the right to claim compensation for any prejudice incurred in excess of the liquidated damages. Should a court of competent jurisdiction hold that the liquidated damages are excessive under the applicable law, the liquidated damages shall be deemed reduced to the maximum amount authorized thereunder.
    2. This clause does not apply if the Company and the Talent had entered into contractual discussions prior to their use of the Site. In the event of a dispute in relation to this subject-matter, the burden of proving the existence of these prior negotiations lies with the Company.
  1. Modifications And Interruptions Of The Site
    1. We reserve the right to change, modify, or remove the Content of the Site at any time or for any reason at Our sole discretion without notice. However, We have no obligation to update any information on Our Site. We also reserve the right to modify or discontinue all or part of the Site without notice at any time. We will not be liable to You or any third party for any modification, price change, suspension, or discontinuance of the Site.
    2. We cannot guarantee the Site will always be available. We may experience hardware, software, or other problems or need to perform maintenance related to the Site, resulting in interruptions, delays, or errors. We reserve the right to change, revise, update, suspend, discontinue, or otherwise modify the Site at any time or for any reason without notice to You. You agree that We have no liability whatsoever for any loss, damage, or inconvenience caused by Your inability to access or use the Site during any downtime or discontinuance of the Site.
    3. Nothing in the Terms of Use will be construed to obligate Us to maintain and support the Site or to supply any corrections, updates, or releases in connection therewith.
  1. Privacy Policy
    1. We care about data privacy and security. Please review the Privacy Policy: https://unicorn.io/en/legal/privacy-policy.
    2. By using the Site, You agree to be bound by Our Privacy Policy, which is incorporated into the Terms of Use.
    3. Further, We do not knowingly accept, request, or solicit information from children or knowingly market to children and Our Content or service is by nature designed, branded and distributed for users over the age of 18. If We receive actual knowledge that anyone under the age of 18 is using or has provided personal information to Us without the requisite and verifiable parental consent, We will delete that information from the Site as quickly as it is reasonably practical.
  1. Submissions
    1. You acknowledge and agree that any questions, comments, suggestions, ideas, feedbacks or any other information regarding the Site (“Submissions”) provided by You to Us are non-confidential and shall become Our sole property. As such, we reserve the right to use the “questions, comments, suggestions, ideas, feedbacks or any other information regarding the Site” as foreseen by the Terms of use or any other purpose, within the limitations of applicable laws.
  1. Term And Termination
    1. The Terms of Use shall remain in full force and effect while You use the Site, hold a User account, engage in negotiations with, or perform work for, a Company that may entitle Unicorn to a payment.
    2. Notwithstanding any other provision of the Terms of Use, We reserve the right, in Our sole discretion and without notice or liability, to deny access to and use of the Site (including blocking certain ip addresses), to any person for any reason or for no reason, including, but without limitation, for breach of any representation, warranty, or covenant contained in the Terms of Use or of any applicable law or regulation. We may terminate Your use or participation in the Site or delete Your account and any content or information that You posted at any time, without warning, in Our sole discretion.
    3. If We terminate or suspend Your account for any reason, You are prohibited from registering and creating a new account under Your name, a fake or borrowed name, or the name of any third party, even if You are acting on behalf of that third party.
    4. In addition to terminating or suspending Your account, We reserve the right to take appropriate legal action, including without limitation pursuing civil, criminal, and injunctive redress.
  1. Site Management
    1. We reserve the right, but are not obligated, to:
  • monitor the Site for violations of the Terms of Use;
  • take appropriate legal actions against anyone who, in Our sole discretion, violates the law or the Terms of Use, including without limitation, reporting such user to law enforcement authorities;
  • in Our sole discretion and without limitation, refuse, restrict access to, limit the availability of, or disable (to the extent technologically feasible) any of Your contributions or any portion thereof;
  • in Our sole discretion and without limitation, notice, or liability, to remove from the Site or otherwise disable all files and content that are excessive in size or are in any way burdensome to Our systems; and
  • otherwise manage the Site in a manner designed to protect Our rights and property and to facilitate the proper functioning of the Site.
  1. Intellectual Property Rights
    1. The Intellectual property rights are all rights and prerogatives arising from the Swiss and international legislation on the protection of copyright, trademarks, design, patent and know-how.
    2. The Site is Our sole property and the Content and the trademarks, service marks, and logos contained therein (the “Marks”) are owned or controlled by Us or licensed to Us, and are protected by copyright and trademark laws and various other intellectual property rights and unfair competition laws of the Switzerland, foreign jurisdictions, and international conventions.
    3. Except as expressly provided in the Terms of Use, no part of the Site and no Content or Marks may be copied, reproduced, aggregated, republished, uploaded, posted, publicly displayed, encoded, translated, transmitted, distributed, sold, licensed, or otherwise exploited for any commercial purpose whatsoever, without Our express prior written permission.
  1. Third-Parties’ Websites And Content
    1. The Site may contain, or You may be sent via the Site, links to other websites ("Third-Parties’ Websites") as well as articles, photographs, text, graphics, pictures, designs, music, sound, video, information, applications, software, and other content or items belonging to or originating from third parties ("Third-Parties’ Content").
    2. Such Third-Parties’ Websites and Third-Parties’ Content are not investigated, monitored, or checked for accuracy, appropriateness, or completeness by Us, and We are not responsible for any Third-Parties’ Websites accessed through the Site or any Third-Parties’ Content posted on, available through, or installed from the Site, including the content, accuracy, offensiveness, opinions, reliability, privacy practices, or other policies of or contained in the Third-Parties’ Websites or the Third-Parties’ Content. Inclusion of, linking to, or permitting the use or installation of any Third-Parties’ Websites or any Third-Parties’ Content does not imply approval or endorsement thereof by Us. If You decide to access the Third-Parties’ Websites or to use or install any Third-Parties’ Content, You do so at Your own risk.
    3. You should review the applicable terms and policies, including privacy and data gathering practices, of any website to which You navigate from the Site or relating to any applications You use or install from the Site.
    4. Any purchases you make through Third-Parties’ Websites will be through other websites and from other companies, and We take no responsibility whatsoever in relation to such purchases which are exclusively between You and the applicable third party.
    5. You acknowledge and agree that We do not endorse the products or services offered on Third-Parties’ Websites and You shall hold Us harmless from any harm caused by Your purchase of such products or services. Additionally, You shall hold Us harmless from any losses sustained by You or harm caused to You relating to or resulting in any way from any Third-Parties’ Content or any contact with Third-Parties’ Websites.
  2. Modification Of The Terms Of Use And Updates
    1. We reserve the right, in Our sole discretion, to modify, in any way, the Terms of Use at any time and for any reason. We will alert You about any changes by updating the “Last updated” date of the Terms of Use.
    2. You waive any right to receive specific notice of any modification of the Terms of Use. It is Your responsibility to periodically review the Terms of Use to stay informed of potential updates. You shall be subject to and will be deemed to have been made aware of and to have accepted any modifications of the Terms of Use or any revised Terms of Use by Your continued use of the Site after the date such revised Terms of Use are posted.
  3. Limitation Of Liabilities
    1. In no event shall We or Our directors, employees or agents be liable to You or any third party for any direct, indirect, consequential, exemplary, incidental, special or punitive damages, including loss of profit, loss of revenue, loss of data or other damages arising from Your use of the Site, even if We have been advised of the possibility of such damages.
    2. Depending on the place of Your residence, some limitations on implied warranties or the exclusion or limitation of certain damages may not be applicable. If these laws apply to You, some or all the above disclaimers or limitations may not apply to You, and You may have additional rights.
  1. Governing Law And Dispute Resolution
    1. The Terms of Use shall be governed by Swiss law.
    2. Any dispute arising out or in relation with the Terms of Use shall be submitted to the courts of Geneva, Switzerland.
    3. Application of the United Nations Convention on Contracts for the International Sale of Goods and the Uniform Computer Information Transaction Act (UCITA) are excluded from the Terms of Use.
  1. Indemnification
    1. You agree to defend, indemnify, and hold Us harmless, including Our subsidiaries, affiliates, and all of Our respective officers, agents, partners, and employees, from and against any loss, damage, liability, claim, or demand, including reasonable attorneys’ fees and expenses, made by any third party due to or arising out of:
  • use of the Site;
  • breach of the Terms of Use;
  • any breach of Your representations and warranties set forth in the Terms of Use;
  • Your violation of the rights of a third party, including but not limited to intellectual property rights; or
  • any harmful act towards any other User of the Site with whom You connected via the Site.
    1. Notwithstanding the foregoing, We reserve the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify Us, and You agree to cooperate, at Your expense, with Our defense of such claims. We will use reasonable efforts to notify You of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.
    2. You agree and undertake to immediately notify Us of any legal action foreseen in this article.
  1. Disclaimer
    1. This article applies to any situation not covered by the other articles of the Terms of Use.
    2. You agree that Your use of the Site and Our services will be at Your sole risk. To the fullest extent permitted by law, We disclaim all warranties, express or implied, in connection with the Site and Your use thereof, including, without limitation, the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.
    3. We make no warranties or representations about the accuracy or completeness of the Site or the Content or the content of any websites linked to the Site and We will assume no liability or responsibility for any (1) errors, mistakes, or inaccuracies of content and materials, (2) personal injury or property damage, of any nature whatsoever, resulting from Your access to and use of the Site, (3) any unauthorized access to or use of Our secure servers and/or any and all personal information and/or financial information stored therein, (4) any interruption or cessation of transmission to or from the Site, (5) any bugs, viruses, trojan horses, or the like which may be transmitted to or through the Site by any third party, and/or (6) any errors or omissions in any content and materials or for any loss or damage of any kind incurred as a result of the use of any content posted, transmitted, or otherwise made available via the Site.
    4. We do not warrant, endorse, guarantee, or assume responsibility for any product or service advertised or offered by a third party through the Site, any hyperlinked website, or any website or mobile application featured in any banner or other advertising, and We will not be a party to or in any way be responsible for monitoring any transaction between You and any third-party providers of products or services. As with the purchase of a product or service through any medium or in any environment, You should use Your best judgement and exercise caution where appropriate.
  1. General Provisions
    1. The Terms of Use, the Privacy Policy and any policies or operating rules posted by Us on the Site or in respect to the Site, are intended by the parties to be a complete and exclusive expression of their agreement. Without prejudice to specific written agreements signed by Us with You, no other agreement, representations, promises, commitments or the like, of any nature, written or oral, express or implied, exist between the parties except as set forth or referenced herein.
    2. Our failure to exercise or enforce at any time any of the provisions of the Terms of Use or to require at any time performance by You of any of such provisions shall in no way be construed to be a waiver of such provisions, nor in any way to affect the validity of the Terms of Use or any part thereof or Our right thereafter to enforce each and every provision.
    3. In the event that any provision of the Terms of Use, or any portion thereof, shall be held invalid, void, illegal, or unenforceable under applicable law, the remainder of the Terms of Use shall remain valid and enforceable.
    4. Neither party shall be liable to the other for its failure to perform any of its obligations under the Terms of Use during any period in which such performance is delayed because rendered impractical or impossible due to Force majeure, provided that the party experiencing the Force majeure promptly notifies the other of the Force majeure case.
    5. There is no joint venture, partnership, employment or agency relationship created between You and Us as a result of the Terms of Use or use of the Site. You agree that these Terms of Use will not be construed against Us by virtue of having drafted Them. You hereby waive any and all defenses you may have based on the electronic form of the Terms of Use and the lack of signing by the parties hereto to execute the Terms of Use.
    6. Upon the termination or cancellation of the Terms of Use or any clause hereof for any reason, those clauses which are intended to continue and survive such termination or cancellation shall so continue and survive.

CONTACT US

In order to resolve a complaint regarding the Site or to receive further information regarding the use of the Site, please contact us at:

Unicorn.io

Email: support@unicorn.io

Website: https://unicorn.io/