Terms and Conditions

Terms and Conditions

1. Covenant

When you visit our website www.xcruit.com and access our mobile apps, access your profile, register your account with us, click “Register,” “Log-In,” “Sign In” or “Agree,” you enter into a contract with Xcruit, which is legally enforceable and binding under Philippine Laws.

Further, by accessing, using, or registering with our website or availing any of our services, you agree to be bound by these Terms and Conditions, and you likewise agree to enter and use the features of our website as well as any of its pages at your own risk.

If you do not agree with any of the terms contained in this Contract, or any of the items in this Terms and Conditions, please do not click “Register,” “Log-In,” “Sign In” or “Agree,” or use our website www.xcruit.com, use any of our mobile apps, access any of our webpages, or register an account with us.

Should there be any conflict between this Terms and Conditions, and any other policy or notice, or any other contract entered into between Xcruit and any Candidate or User, the provisions of this Terms and Conditions shall prevail.

2. Amendments to the Terms and Conditions

Xcruit may from time to time, change the contents of this Terms and Conditions, or make updates and amendments to any of the terms and conditions contained herein.

Xcruit shall inform you of any changes to the Terms and Conditions, by sending you notifications through the email address which you have used in registering with us, or by posting an announcement through our website or app.

Changes in the Terms and Conditions shall be applied after you have been notified. If you do not agree to any provisions of the Terms and Conditions, you must discontinue using our website, using any of our mobile apps, or availing any of our services. If you have already registered an account, and wish to discontinue using your account on our website, discontinue using any of our mobile apps, or availing any of our services, you may opt to close your account.

If you continue to use, access, log-in, or avail of our services, after you have been notified of the changes to the Terms and Conditions, you are deemed to have accepted the Terms and Conditions including its changes, if any.

3. Definition of Terms

Account – refers to the user profile created by a Candidate or a Employer, in order to avail of any of Xcruit services.

Advertiser – refers to any person, corporation, or entity which engages the services of Xcruit to post advertisements on its website.

Candidate – shall refer to any Job Seeker who creates an account with Xcruit, through its website, or through any of its mobile apps.

Mobile App – refers to Xcruit Mobile applications which are available for download on the Google Play and Apple App Stores.

Employer – refers to any person, corporation, or any entity seeking to hire individuals from Xcruit pool of Candidates. This term shall include direct employers, and other entities tasked to look for Candidates.

Visitor – refers to any person who uses Xcruit’s website, other than as a Candidate or a Employer.

Website – refers to Xcruit website: “www.xcruit.com”

4. Applicability

The provisions of this Terms and Conditions apply to Candidates, Employers, as well as Visitors.

The provisions of this Terms and Conditions begin to apply from the moment you access our website, or use any of our apps.

5. Availing Our Services

You must at least be eighteen (18) years of age when you avail of our services.

When you use our website, use any of our mobile apps, register, or avail of our services you represent and warrant that:

1. You must at least be eighteen (18) years of age when you avail of our services.

2. Any and all the information you provide us are true and correct, and based on your own personal knowledge, or records in your possession;

3. You agree to the provisions in our Terms and Conditions;

4. You have only created one account for each type of account, with us;

5. You also agree that Xcruit shall have the right to validate your information, through legal means, such as, but not limited to, conducting an inquiry to ascertain your true identity, making calls to your references, and conducting a background check with your previous employers, and cross checking your information, with any other references which could be acquired legally, or publicly available.

If Xcruit finds any of the information that you provide us to be false, or if you have committed any fraudulent act against Xcruit, such acts would be considered as violations of this Terms and Conditions, and shall entitle Xcruit to suspend your account, delete your account, or block you by any means, such as, but not limited to, blocking your “Internet Protocol” address.

6. Creating Your Account

Password

During registration, you would be asked to create a strong password. The password that you choose shall be used by you every time you access your account, use any of our mobile apps, avail of our services, or log-in into your account.

You are solely responsible for the confidentiality and secrecy of your password. You must not share, disclose, or divulge, your password to any one, in order to protect yourself.

Xcruit will not share or disclose your password with any person, including its own personnel, nor will any of Xcruit’s personnel be entitled to ask for your password from you.

If you believe that someone else knows your password, or if you believe that it has been disclosed to someone who is not entitled to any knowledge to the same, you must inform Xcruit as soon as possible so that Xcruit could make the necessary changes and suspend or terminate your account.

Should Xcruit have any reason to believe that there has been a breach of security, or misuse of the website, or any of its mobile apps, and such has been traced to your account, Xcruit shall have the right to suspend, terminate, or delete your account at its sole discretion.

If you have lost or forgotten your password and are unable to reset or change it following the instructions on the website or mobile app, you must contact Xcruit immediately so that your password could be reset or changed. If you have lost or forgotten your password, any loss to your information on our website or in any of our mobile apps, as well as any damage you might incur shall be for your own account.

Information

While Xcruit endeavors to ask only the most basic information necessary to create your profile, or to create your curriculum vitae online, we encourage you to be as specific and detailed as possible in making your account to entice Employers to look into your account.

In creating your account, you will be advised to fill-in blanks which are marked as “Required Field/s.” You must complete the details needed for the required fields, otherwise, Xcruit may not be able to provide its services to you. If you do not agree to provide the information asked for in the “Required Field/s,” your account may be denied registration, and you would not be able to avail of the services of Xcruit.

We may also ask personal information from you every time you update your account.

You may also share with us personal information every time you update your curriculum vitae, or upload any documents to complete or enhance your account.

Any personal information which you share with us during registration or in any other instance, would be kept confidential and will be shared only to Employers whose identities have been verified by Xcruit.

When you share your information with us, you also agree to be bound by the terms contained in our Privacy Notice.

Sharing

Your information may be shared by Xcruit to the Employers to which your preferences, skills, and other profile information match with.

Employers may also browse your profile when you apply with them, or if they take interest in your profile.

Candidates may also view the profiles of Employers, and their Company profiles. Your information may only be viewed by accredited and registered Employers, whose identities, and profiles have been screened by Xcruit.

Employer Accounts

In order to make sure that Employers will only see the accounts of the most eligible Candidates, and as an added precaution against fraud, Employers will only be able to see the full profile of a Candidate once they use an “unlock feature,” which shall be chargeable to their account.

Employers may however, see some of the basic information of a Candidate which are necessary in taking into consideration a Candidate’s qualifications, and fitness for the position which the Employer is trying to fill in.

7. Limitations on your right to use our website or any of our mobile apps

Upon registration, agreement with this Terms and Conditions, and our Privacy Notice , Xcruit will grant you a non-exclusive, and limited right to access and use our website or any of our mobile apps, exclusively for employment and other employment-related purposes, and subject to the right of Xcruit to terminate the same for any cause.

Candidates, Employers, and Visitors who register on our website and mobile apps, and share their information, grant Xcruit and its affiliates, a non-exclusive, transferrable, sub-licensable, worldwide license right to replicate, publish, use, modify, alter, and process information which you provide us through our website or any of our mobile apps, and our services without any further consent, notice, payments, or royalties.

Candidates, Employers, and Visitors may terminate such license by deleting the said content, or by closing their accounts, unless the Candidate, Employer, or Visitor has already shared the content through our website or any of our mobile apps, and the receiver of the content has already stored a copy of the same or has stored the information.

Your content shall not be shared or sold to any third party without your consent, however, Xcruit shall have the right to publish advertisements relevant to you, which might be based on your preferences and location, as well as internet activity. Xcruit may also share some of your details to other digital channels, which you use to access our website, such as Facebook.com, Google.com, and any other digital channel which might be created in the future.

Xcruit shall also have the right to make changes to the formatting and layout of your content, translate your content to any other languages, redact defamatory words, changing the file type, and perform such other acts to make your content suitable for its website, or any of its mobile apps.

All your Personal Data as defined by the Data Privacy Act of 2012 shall be respected and protected by Xcruit. Your Personal Data may be collected, stored, and/or processed by Xcruit for legitimate purposes, in relation to the services which you have requested or applied for. By using Xcruit’s website or any of its mobile apps, or by availing of any of its services, you agree that Xcruit may collect, store, or process your Personal Data, in accordance with its Privacy Policy, and your preferences.

By using Xcruit’s website, you agree that you shall only provide truthful information. Further, you also agree that any information that you provide in the website or any of its mobile apps does not violate the law or anyone’s rights.

You also agree not to alter, appropriate, destroy, store, copy, distribute, any of Xcruit’s materials without its permission, or in violation of the law.

You are also prohibited from creating a profile on behalf of another individual, submitting another person’s personal information, or submitting any content on behalf any other individual, without the said person’s explicit consent on Xcruit’s website or in any of its mobile apps.

You also agree, not to post more than one (1) job position in one job posting.

You may not sell, assign, or transfer any of your rights or obligations under these terms.

You also agree to not use Xcruit or any of its services, for any commercial use without the approval of Xcruit.

You may not use Xcruit’s website or any of its mobile apps for any unlawful act, or purpose, or commit any fraudulent, deceitful, or unlawful act, against any person, or entity, while using Xcruit’s website or any of its mobile apps.

Xcruit respects the right of all individuals and expects its users, Candidates, and Employers to respect other individuals as well. While Xcruit respects the rights of all individuals to free speech, any user of the Xcruit website, or any of its mobile apps,may not post, or submit any profile that is false, defamatory, libelous, scandalous, threatening, harassing, hateful, racist, discriminatory, or might be offensive or construed to be offensive against any person. Candidates, Employers, and Visitors are prohibited from posting any link, or submitting any indecent content, such as pornographic photos or videos, or any video, photo, or content showing any form of abuse, or otherwise distasteful.

8. Ownership over Intellectual Property

Intellectual Property such as patents covering inventions; copyrights such as songs, literature, videos, and/or photographs; trademarks which may include any logo, name, or sign, related to a product; which have been created by and for, and or published by Xcruit, shall be its exclusive property.

When you upload any content that may be protected by Intellectual Property Rights, such as essays, photos, or videos in relation to Xcruit’s services, you grant Xcruit a non-exclusive, transferrable, sub-licensable, royalty-free, and worldwide license to use, distribute, modify, run, copy, display, translate, and create derivative works of your content.

You may rescind the license which you give Xcruit, by deleting the content, or deleting your Account. Sharing of any Personal Data which might be included in the Intellectual Property shall be subject of our Privacy Notice.

9. Service Availability

While Xcruit endeavors to provide you with the best services possible, we cannot promise that our website or any of our mobile apps, as well as any of our services would be free from any errors, bugs, or glitches. Further, considering that Xcruit is primarily web based, we cannot promise your connectivity with our website or mobile apps to any of our servers all the time.

We may further restrict your access in certain instances for purposes of maintenance, and upgrades to our content or services.

Despite the abovementioned limitations, Xcruit shall endeavor to restore your access to its website, or restore your access to its services, as soon as it reasonably can.

If you find any error, bug, glitch, or any fault in our website, we encourage you to report the same to us as soon as possible.

We may also choose to stop any of our services anytime.

10. Hyperlinks, and Contents from other Websites

Our website or any of our mobile apps may contain hyperlinks leading to other external websites in the Internet. These hyperlinks to other websites may have been published by Xcruit or its Advertisers, or Employers or Candidates.

Unless otherwise stated, the webpages or mobile apps screen views to which these websites are linked are not owned, nor managed by Xcruit or any of its affiliates. Further, unless clearly stated by Xcruit, it shall not be deemed to have endorsed, approved, recommended, advertised, approved, or guaranteed these websites, as well as any of their products or services.

Moreover, Xcruit shall not be deemed to have any relationship with the websites, or the owners of these websites, to which these hyperlinks may lead.

Should you click and follow any of these links, you shall be responsible for any risks, damages, or losses, which you may incur or suffer, arising out of, or in connection with you clicking, following, and using the link.

You may also encounter other content, or applications when you use our website and mobile apps or avail of any of our services. Unless specifically stated otherwise, Xcruit does not have any connection with these content, information, or applications.

Xcruit presumes that all its users are of the age of majority when they use the website and mobile apps, and have full discretion to decide whether to use other contents or applications found in the website or mobile apps, or which might have been contained in other websites which hyperlinks may have been published in the Xcruit website or mobile apps. You are therefore responsible for any and all of your actions when you use, any of these applications, and be liable for any risks, damages, or losses, which you may incur or suffer, arising out of, or in connection with your use of these applications.

11. Use of Your Data For Matching

Xcruit uses information, content, and preferences from its Candidates and Employers, and uses the same to match them with each other. Xcruit may also use your information, content, and preferences to match you with advertisements which might be useful for you.

12. Limitations on Liability of Xcruit

Xcruit disclaims any and all implied warranties or representations, and reiterates that it does not promise that its website or any of its mobile apps would be error free.

You understand and agree that Xcruit has the right, at its own discretion, to remove or delete any content, in its website or mobile apps, including any content which you might share, publish or post, at any time.

Xcruit’s website or mobile apps may experience bugs, have inaccuracies, and typographical errors. Users are encouraged to inform Xcruit, if they find any inaccuracies or typographical errors in our website or any of our mobile apps.

Xcruit shall not be liable to you or to any other person for any indirect, incidental, punitive, or consequential losses or damages, arising out of, or in connection with your use of Xcruit’s website or any of its mobile apps. Xcruit shall also not be liable to you for any loss of data, content, opportunities, reputation, or profits, which you might incur when you use Xcruit’s website or any of its mobile apps.

Xcruit shall in no case be liable for any loss of information arising from any interruption, suspension, or termination of services.

Xcruit shall also not be liable for any inaccuracies in the content posted in its website or any of its mobile apps, as well as for the quality of information available, or transmitted through its website or any of its mobile apps.

You understand and agree that you may be exposed to risks, including risks of physical harm, when you deal with strangers, or persons under the age of majority. When you use Xcruit’s website as well as any of its mobile apps, you assume all risks which may be associated with dealing with other users you interact with using our website, or any of its mobile apps.

If you are a Employer, the total amount of liability that Xcruit may have to you, for all claims arising from your use of Xcruit’s website or any of its mobile apps, or by availing any of its services, shall be limited to the amount which you have paid for the services which you have availed. If you are a Candidate, the total amount of liability that Xcruit may have to you, from all claims arising from your use of Xcruit’s website or any of its mobile apps, shall in no case exceed the amount of Fifty Thousand Pesos (₱50,000.00).

13. Advertisements Posted in Our Site

In order to continue providing you with our services, Xcruit may allow Advertisers, to post on Xcruit’s website.

These Advertisers shall be responsible for the truthfulness of their content, as well as their compliance with the relevant laws.

Xcruit shall not be responsible to any person, for any inaccuracy in the content of the advertisements posted by Advertisers, as well as for any promise actual or apparent that the said Advertisers post in their advertisements.

Candidates, Employers, or Visitors, may limit the access of Advertisers to their accounts. Candidates, Employers, or Visitors, may further prohibit Advertisers from sending unsolicited mail or email, making any unsolicited phone calls, or otherwise make any unsolicited communication promoting any products or services without their explicit consent.

14. Indemnity

You agree to defend, indemnify, and hold Xcruit, and its directors, officers, stockholders, employees, and representatives, harmless from and against any losses suffered, liability, costs, penalties, fines, damages, or expenses, arising out of a third party claim relating to a) use of Xcruit’s website or any of its mobile apps; b) actual or alleged violation of any person’s right in relation with the use of Xcruit’s website or any of its mobile apps; c) your use of any of Xcruit’s consent; d) availing of any of Xcruit’s services; and e) your breach of any of these terms.

15. Applicable Law, Jurisdiction, and Legal Remedies

This Terms and Conditions shall be subject to the laws of the Philippines.

You agree that any dispute or claim, arising from the enforcement or the interpretation of this Terms and Conditions, shall be settled by arbitration, in accordance with the Alternative Dispute Resolution Act of 2004 of the Philippines.

In the event that any dispute has not been resolved through arbitration within a period of ninety (90) days after initiating the said procedure, or if one of the parties choose not to undergo such procedure, that either party may initiate the proper case in the proper courts of Taguig City, Philippines to the exclusion of all other courts.

16. Miscellaneous Provisions

Assignment

You agree that Xcruit shall have the right to transfer or assign its rights under this Terms and Conditions. Should that transfer occur, Xcruit shall inform you of the transfer or assignment of any of its rights to any party, by sending you an email or by posting the said information on its website, within a period of thirty (60) days from the final occurrence of the transfer or assignment.

If you do not consent to the transfer of Xcruit’s rights, or if you believe that the transfer would affect any of your substantial rights, you may opt to close your account or ask for the deletion of your profile.

No Waiver

If Xcruit fails to enforce any of its rights under this Terms and Conditions, such shall not be construed or operate as a waiver of any subsequent breach. Any waiver of Xcruit’s rights under this Terms and Conditions, must be put in writing and signed by a duly authorized representative of Xcruit.

Severability

In the event that any term or condition of this Terms and Conditions is in conflict with, or is otherwise unenforceable under any law, rule or regulation of the government or any subdivision thereof, you agree that such provision shall be removed from this Agreement, but such invalidity or unenforceability shall not invalidate or render unenforceable the remainder of this Terms and Conditions.

Force Majeure

Xcruit shall not be liable for damage or losses caused by events which cannot be foreseen, or if foreseeable, are inevitable, or caused by force majeure, such as, but not limited to, acts of God, fires, typhoons, floods, wars, civil wars, sabotage, strike, laws, ordinances, rules, or regulations, degradation of telephone or other communications services, including but not limited to, degradation of all or part of Internet Services affecting the Network, and cyber-attacks, including Distributed Denial of Service Attacks (DDOS), and hacking or cracking.

17. Warranties and Undertakings

Warranties

Candidates, Employers, and Visitors of Xcruit’s website or user of any of its mobile apps warrant that they:

1. Are above the age of consent or at least eighteen (18) years of age, and have full juridical capacity and capacity to act, upon registering with Xcruit, using Xcruit’s website or any of its mobile apps, or availing of its services;

2. Have read this Terms and Conditions, Xcruit’s Privacy Notice, and other Policies of Xcruit;

3. Shall only provide, post, or upload, true and correct, information, data, or content in Xcruit’s website or any of its mobile apps; and

4. Shall create an account for their own use, and not for any other person, without the said person’s explicit consent.

Undertakings

Candidates, Employers, and Visitors of Xcruit’s website or users of any of its mobile apps, while using Xcruit’s website or any of its mobile apps, or while availing any of its services undertake to not:

1. Use the website or any of its mobile apps for any unlawful purpose, such as, but not limited to, committing any act of fraud, defaming another person, committing any act of libel, committing an act that is threatening, embarrassing, harassing, or annoying to other persons;

2. Create an account for another person without that person’s explicit consent or authorization, or create a false, or fraudulent account, or use another person’s account;

3. Share their password to any other person;

4. Commit any act of hacking or cracking, ethical or otherwise, when using the website or any of its mobile apps;

5. Share, or disclose, any confidential information which they might have gathered using the website or any of Xcruit’s mobile apps, or by using the services of Xcruit;

6. Use, appropriate, or claim ownership of, or infringe the intellectual property rights of Xcruit, or any of its affiliates; use abusive or intemperate language when dealing with Xcruit employees;

7. Upload or post any content which is defamatory, libelous, unlawful, obscene, pornographic, or offensive to the senses of the others;

8. Use, appropriate, or claim ownership of, or infringe the intellectual property rights of other users of the website or any of Xcruit’s mobile apps;

9. Upload any harmful content such as, trojans, viruses, worms, or any other harmful program or software;

10. Commit any act of reverse engineering, decompiling, or otherwise make a copy of, or create a derivation of the content or source code of Xcruit’s website, any of its mobile apps,or services;

11. Commit any act of “phishing” using Xcruit’s website or any portion thereof, or otherwise create a website, webpage or mobile app intended to defraud other persons, by making it appear that such website or mobile app is Xcruit’s website or any of its mobile apps;

12. Post or upload any pirated material on Xcruit’s website or any of its mobile apps;

13. Commit any act of cyberbullying;

14. Use web bots, scraping and automation machines, as well as other illegal, or unethical, third-party applications in accessing or using Xcruit’s website or any of its mobile apps;

15. Compromise Xcruit’s website any of its mobile apps, its servers, or database, by flooding, or commit a denial of service attack, or a distributed denial of service attack; or

16. Use Xcruit’s website or any of its mobile apps for any other purpose aside from those related to employment.

18. Period of Applicability

The provisions contained in this Terms and Conditions shall be effective, so long as you remain a Candidate, Employer, or Visitor of Xcruit’s website or user of any of its mobile apps.

Xcruit reserves the right to suspend or terminate the applicability of this Terms and Conditions, or make amendments to, or replace the same.

19. Termination

The provisions of this Terms and Conditions remain in effect so long as you have an account with Xcruit or continue to use its website, or any of its mobile apps, or avail of any of its services.

The provisions of this Terms and Conditions, no longer affect you once you have deleted your account.

Xcruit reserves the right to terminate its services, at any given time, and for any purpose.

20. How to reach Xcruit

Should you have any questions, suggestions, or clarifications, please contact us through: