Terms of Service for Employers
The following terms and conditions apply to all Employers and other users who access or use the Site as intended for individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties, or otherwise indicate their acceptance to this Agreement. For purposes of this, all references to “you” or “your” shall mean you, the individual or organization accessing this Site in your capacity as an Employer.
- Employer Accounts
As an Employer, your account is for business use and not for personal use. Closrs is not responsible for and disclaims all liability if your email is used improperly or falsely by a third party. By registering for a Closrs account, you agree to receive mandatory email updates regarding anomalous activity to your Closrs account. If you attempt to send an email from a name or email address that is not true, accurate, current or complete, we reserve the right to drop such email, and attempting to send such email is a violation of our terms.
In some instances, multiple users may be linked to the same account (“a Linked Account”). A Linked Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invites other users to the same account. Admin(s) may be given the option to give these other users certain levels of access and functionality (“Roles”) within the account, as described on the site. If you are an Admin adding a user to a Role or several Roles, you represent to Closrs that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. You further agree to indemnify and hold harmless Closrs from any allegations, claims, actions, suits, demands, damages, liabilities, obligations, losses, settlements, judgments, costs and expenses (including without limitation attorneys’ fees and costs) that result from the sharing of this data and access to your account. You agree that Closrs assumes no liability in regards to the accuracy of the statements above and that you are fully responsible for said accuracy. When using a Linked Account, any users with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other users and applicants within the Linked Account, resume contacts, and billing information, and you consent to such access.
Change of Address: If you have provided a billing address to us, and you change such billing address from an address within Canada or the United States to an address outside of Canada or the United States, or from an address outside of the Canada or United States to an address inside Canada or the United States, you will continue to be bound by this Agreement with the same Closrs party for the remainder of the calendar month in which you made the change. Beginning on the first day of the next calendar month, you hereby agree that you will be bound by this Agreement with the applicable Closrs party identified in the first paragraph of this Agreement with respect to such new territory.
- Employer Services Including Closrs Apply and Screener Questions
You are responsible for the contents of your emails, application form, screener questions or their format, Company Pages that you create, any Job Listings that you post, and any messages that you send through Closrs Apply or otherwise, and agree that Closrs is not responsible for such content and disclaims all liability for such content, including as to whether such content is legal. You agree that Closrs may reject or remove any Job Listing, any part of any Company Page, or any questions for Job Seekers for any or no reason. Closrs further does not guarantee delivery, your receipt of the Job Seeker’s emails or application materials, or that there will be no mistakes in the transmission or storage of the data. In the event a message being sent is intended for a closed account, these messages will not be deliverable. If you do not feel comfortable sending a message, including but not limited to an offer letter, to a Job Seeker through Closrs’s relay functions, do not use the Closrs relay functions and please contact the Job Seeker via the personal information provided in such Job Seeker’s resume or application or by whatever method you so choose. When using the Closrs Apply function, Closrs will attempt to send applications to the contact information provided to Closrs by you, however, Closrs has no ability to verify the contact information provided by you. In the event you provide incorrect contact information, it shall be your responsibility to correct, appropriately respond, or take any steps necessary to protect the privacy of such Job Seekers, and you indemnify Closrs for any damages resulting therefrom.
When you use the Closrs Apply relay function for your Job Listings, you acknowledge and agree that Closrs may add certain functions into the corresponding Closrs Apply emails. In addition, Closrs may, on your behalf, send out reminder emails to Job Seekers you wish to interview. Closrs may also send emails to Job Seekers on your behalf indicating that your Job Listing is potentially a match for the Job Seeker’s resume. When you use screener questions, you may be given the option to instruct Closrs to send out rejection notices if the Job Seeker has not answered the questions in the manner set forth in the online instruction. If you choose such option, you agree you are instructing us to send out rejection notices to such candidates and set them to rejected in your candidate dashboard. You further acknowledge that Closrs has no discretion in the transmission or storage of these or all other rejection notifications (which is purely mechanical), that transmission or storage is not guaranteed, and that the Job Seeker may not have answered the screener questions accurately. When you use Closrs’s candidate management tools, you may be given the option to send automatic rejection notices to candidates whose status you set to “rejected”. If you choose such option, you acknowledge that Closrs has no discretion in the transmission or storage of rejection notices.
You agree that Closrs may take action to try to identify and reduce spam applications, and that one method of doing so may include imposing a cover letter requirement for such applicants. Closrs does not verify the identity of any Job Seekers who apply to your job listing, nor does Closrs know a Job Seeker’s motivation for applying to your job listing, and thus provides no guarantee as to the Job Seeker’s qualifications or interest in your job listing. You agree that Closrs Apply and Closrs’s relay functions are presented to you without warranty and Closrs assumes no responsibility for the communications between you and the Job Seeker, which communications are yours’ and the Job Seekers’ sole responsibility.
You shall indemnify, defend and hold harmless Closrs, its agents, affiliates, and licensors from any third-party claim or liability (including without limitation reasonable legal fees) arising out of any Company Page created by you, or any Job Listing or screener questions (or answers thereto) posted by you, or any message sent by you (including any questions for Job Seekers contained in any of the foregoing). Closrs may make Job Ad analytics data available on a Company Page or elsewhere on the Site, and may provide analytics data regarding your Employer account to anyone at your company at Closrs’s discretion. To the extent permitted by law, if you have an unpaid or outstanding invoice or account balance for any Closrs product, Closrs reserves the right to suspend or terminate your use of that Closrs product as well as any other Closrs product, including but not limited to those Closrs products where you do not have an unpaid invoice or account balance. Closrs may elect to apply (i) penalties for late payment as per contemporaneous US Federal Reserve interest rates plus 10% or the maximum interest permitted by law, whichever is lower and (ii) a statutory lump-sum indemnity for recovery cost, if provided for under applicable laws, and (iii) any reasonable expenses and attorney fees Closrs incurs collecting such late payments.
When you view, send, store or receive materials (including Job Listings, resumes, and messages) through or using the Site, Closrs may, for example, use such materials for data analysis, quality control, or to refine the Site or any other Closrs product or service (including to provide better search results and other listings for Job Seekers and Employers), whether via automated means or otherwise. When you view, sends, store or receive materials through or using the Site, Closrs may inform a Job Seeker that you have taken an action with regards to a Job Ad, Job Seeker’s Resume, or application such as pausing or closing a Job Ad, opening the Resume or application, viewing the Resume or application, responding to the Resume or application, and making a decision with regards to the application or Job Ad, and you hereby consent to Closrs taking such actions.
- Job Match
Closrs may use Job Seekers’ application materials (including resumes and responses to screener questions) and the recency of their activity on Closrs to determine whether the words of their resume and answers to screener questions match the words of your Job Listing or Resume query, and vice-versa. You further agree and consent that Closrs may differentiate those matching resumes and screener questions from those that do not match, and present them to you as matches or not matches. Closrs may also use such information in order to improve the Site or any other Closrs product or service (including by displaying or otherwise making available potentially relevant Job Listings and resumes to Job Seekers and Employers).
- Salary, Applies or Other Information Provided by Closrs
Closrs may provide certain categories of information to users for informational purposes only. For example, Closrs may provide Job Seekers with data regarding estimated salaries for a certain Job Listing, or provide you with estimated applies to your Job Listing. All such figures provided by Closrs are estimates given for informational purposes only, and they are subject to change or varying levels of accuracy. With respect to information regarding estimated applies, if you are participating in the Closrs Ads Program, please note that this is not the information you are purchasing from Closrs and you are not charged per apply. Closrs may also include salary estimations on pages other than Job Listings on the Site. Please note that all salary figures are approximations based upon multiple third party submissions to Closrs, including from Closrs affiliates. These figures are given to Closrs users for the purpose of generalized comparison only. Minimum wage may differ by jurisdiction and you should consult the employer for actual salary figures. Closrs may also provide data regarding impressions in relation to your job ad. Such figures are provided for informational purposes only, are subject to change at any time, and Closrs does not guarantee their accuracy. Closrs reserves the right to change the method of measuring such figures at any time.
- Screening Tools
Closrs may make available to you certain screening tools for use during the application process, including screener questions, phone screen tools and assessments. Closrs is licensing these tools to you for your use as you determine. By using any screening product, made available to you by Closrs, you agree that you have made the determination to use these tools as part of your application process, and the substantive questions you ask or choose are solely determined by you, and are not being asked by Closrs. You are the sole party to determine which answers will qualify a candidate. You are solely responsible for the use of the screening tool including any results which are considered to have a “disparate impact”. You further acknowledge that you are responsible for offering alternative methods of screening, if so required by the Americans with Disabilities Act or any other equivalent state or provincial act. Closrs does not warrant that the method of delivery of these questions would be compliant with the Americans with Disabilities Act or any equivalent state act. You agree to indemnify Closrs for any and all claims arising out of your use of a Screening Tool, including any claims that any screening tool does not comply with the Americans with Disabilities Act or that such Screening Tool results in a “disparate impact”.
Closrs may offer Employers the ability to activate a feature on their account called Employer Assist. Activating Employer Assist means the Employer is instructing Closrs to send a message on the Employer’s behalf to the Job Seeker informing them that the Employer has determined not to move forward with their application. To prevent a rejection notice from being sent, you must indicate your interest in the application on Closrs. Any interactions you have directly with a Job Seeker and not through a tool provided by Closrs (for example, calling or emailing a Job Seeker directly instead of through an Closrs Relay Service) are not visible to Closrs, and will not prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist then you must interact with a Job Seeker through a tool provided by Closrs to prevent an Employer Assist rejection notice from being sent. If you activate Employer Assist you agree that you are instructing Closrs to send these messages to candidates with whom you do not interact within your chosen time frame, and you agree to indemnify Closrs from any claims arising therefrom.
- Communication through Closrs
In certain instances, you may receive messages, emails or email notifications corresponding with your activity on or use of the Site Closrs Apply, Closrs Chat, or any other communications service, product, or feature provided on or through the Site. In all cases, such messages or notifications are provided solely as a courtesy. Closrs may use your email address to create an alias email address for your communication, in lieu of displaying your actual email address to the Job Seeker. Closrs disclaims all warranties with regards to the transmission or storage of such courtesy notices, does not guarantee their delivery or receipt, and does not guarantee the date or time at which they may be sent. In the event a message being sent is intended for a closed account, these messages will not be deliverable.
Specifically, if you post a Job Listing directly on Closrs, applications are sent only to your Closrs dashboard; any other notifications you may receive are provided solely as a courtesy to you. For example, you may not receive application email notifications if a Job Seeker has not answered screener questions correctly, although these applications will be sent to your Closrs dashboard. Closrs reserves the right to turn on or enable Closrs Chat or other communication options for select Employers or Job Listings, in its sole discretion, and to notify Job Seekers that Closrs Chat or other communication options are available for a particular job or Employer. For Closrs Chat, you may access or view your messages by visiting your Closrs Chat messages dashboard. If you do not wish to use Closrs Chat, you may turn it off by visiting your Closrs Chat dashboard. Closrs may, in its sole discretion, turn off or disable Closrs Chat for any Employer or Job Seeker at any time without prior notice.
- Company Pages
When you post a Job Ad directly on Closrs, Closrs may automatically generate for you a Company Page. You understand that Closrs may display publicly available information about your company on the Company Page, in accordance with applicable law. You authorize Closrs to claim such Company Page for you on your behalf, which will be marked as a “Claimed Profile” and allows you to edit and add information to the Company Page. Company Pages allow User Content to be posted by individuals that may not be affiliated with the Company that owns the Company Page, including but not limited to the answers to Q&A questions on Company Pages. Additionally, Closrs may include all of your Job Ads posted on the Site on your Company Page, including but not limited to those posted directly on Closrs as well as those indexed by Closrs. You agree that you are solely responsible for any content you edit or put on a Company Page, whether generated by or for you, including but not limited to photograph(s) or videos you provide, and third-party websites reachable from content you put on a Company Page. Closrs may additionally offer Closrs Company Pages Premium, which includes certain features accessible only on a subscription basis and may be charged as indicated in an insertion order. Closrs reserves the right to change or remove these features at any time, in Closrs’s sole discretion. Additionally, these features may include analytics or other figures, which Closrs does not guarantee the accuracy of, and you are responsible for determining their suitability for your intended use or purpose.
- Governing Law and Dispute Resolution
This Agreement and any Dispute arising out of or in connection with this Agreement or related in any way to the Site will be governed as to all matters, including, but not limited to the validity, construction and performance of this Agreement, by and under the laws of Ontario, Canada. Any and all actions, lawsuits, or other legal proceedings related to such Dispute shall be filed only in courts located in the Province of Ontario. Each of the Parties hereby consent to the exclusive personal jurisdiction of the courts located in the Province of Ontario.
You agree to waive your right to file a pre-suit discovery proceeding seeking a user’s identifying information from Closrs.
You also hereby waive any right to a jury trial in connection with any action or litigation in any way arising out of or related to your use of the Site or these terms of service, if you are located in Canada or the United States.
- Class Action Waiver
By using the Site and in return for the services offered by Closrs, you acknowledge that Closrs can only offer you these services under the terms and conditions as presented herein. As partial consideration for your use of the Site and these services, you agree not to sue Closrs as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against Closrs regarding your use of the Site. If you do not agree to any part of these terms, do not continue your use of the Site. Nothing in this paragraph, however, limits your rights to bring a lawsuit as an individual plaintiff, including in small claims court, subject to Section 8 above.