Terms of Service

Whire has developed a software platform (“Platform”) that enables its customers (each a "Customer") to broadcast job advertisements (each a “Broadcast”) to members (each a "Member"). A recommendation made by a Member (each a “Recommendation”) about a potential candidate (each a "Candidate") is made available to the Customer on the Platform, including the means by which the Candidate may be contacted. Customers , Members and Candidates (as the case may be, "You" or "Your") shall be bound to accept these terms, which include, among other things, provisions requiring to keep information confidential.

Subject to these terms, we grant you a limited, non-transferrable license to access and use the Platform:
as a Customer, for internal business purposes only, to issue Broadcasts, interview Candidates and update the Recommendation status;
as a Member, to refer Candidates; and,
as a Candidate, to allow Members to submit your details to Customers so that they may assess your profiles and contact you either directly or through the Platform for any purpose related to a Broadcast.

The Customer shall not (and shall not permit any third party to): (i) reverse engineer, decompile, disassemble, or otherwise attempt to discern the source code, underlying ideas, algorithms, file formats, or interface protocols of the Platform; (ii) modify or create derivative works from the Platform; or, (iii) introduce into the Platform any virus, worm, “back door,” Trojan Horse, or similar harmful code. If the Customer violates this section, Whire may immediately deny the Customer access to the Platform, or any portion of thereof, without notice or refund.

Unless otherwise expressly permitted, each account must be assigned to a named employee or agent of the Customer (“User”) and may not be used by more than one individual.

The Customer shall not do any of the following (“Restricted Activity”):
- make the Platform available to anyone other than the  User;
- use the Platform for the benefit of anyone other than the Customer;
- sell, resell, license, sublicense, distribute, make available, rent or lease the Platform in a service bureau or outsourcing offering;
- use the Platform in violation of applicable laws or regulations;
- interfere with or disrupt the integrity or performance of the Platform or any data or information contained therein;
- attempt to gain unauthorized access to the Platform or its related systems or networks;
- permit access to, or use of, the Platform in a way that circumvents a contractual usage limit;
- copy the Platform or any part, feature, function or user interface thereof;
- frame or mirror any part of the Platform, other than framing the Customer’s own intranets or otherwise for the Customer’s own internal business purposes;
- communicate outside of the Platform regarding any activity under these terms;
- require anyone to accept any terms that may, in any way, alter the rights of Whire or the obligations or duties of the Customer under these terms;
- access or use the Platform or contributors available through the Platform in order to build or benchmark a product or service competitive to Whire.
Whire may suspend a Customer’s access to the Platform if it determines that the Customer has engaged in any Restricted Activity. User testing will provide the Customer with prompt notice if it suspends the Customer’s access to the Platform pursuant to a Restricted Activity and will restore access as soon as reasonably practicable once the situation is remedied. The Customer understands and agrees that Whire may monitor all use of the Platform for security, operational, improvement and performance purposes.

Whire may provide the Customer with support in our sole discretion and we may stop providing support at any time without notice or liability.  We are not obliged to provide any training, support or technical assistance for the Platform directly to a User and the Customer shall communicate to the User that you (and not Whire) are responsible for any such support.

We may modify and enhance the Platform. You acknowledge that once Whire releases a subsequent version of the Platform, the functionalities available in the prior version may stop working at any time or may no longer work in the same manner. Your continued use of the Platform following a subsequent release shall be deemed as your acceptance of modifications.

All intellectual property rights in the Platform throughout the world shall belong to Whire. You have no intellectual property rights in, or to, the Platform other than the right to use it in accordance with these terms. If You provide feedback, comments or suggestions for improvements related to the Platform (in written, oral, or any other form) (“Feedback”), You represent and warrant that You (a) have the right to disclose the Feedback, (b) the Feedback does not violate the rights of any other person or entity, and (c) the Feedback does not contain confidential or proprietary information of any third party. You (i) acknowledge that Whire may have something similar to the Feedback already under consideration or in development, and (ii) assign to Whire your entire right, title, and interest (including any intellectual property rights) in and to Feedback. To the extent that any right, title, or interest cannot be assigned under applicable law, You hereby grant us an irrevocable, non-exclusive, royalty-free, perpetual, worldwide license to use, modify, prepare derivative works from, publish, distribute and sublicense the Feedback without any compensation, and waive any right, title or interest and consent to any action of Whire, its service providers, successors, and assigns that would violate such right, title, or interest in the absence of such consent. You agree to execute any documents necessary to effect the foregoing assignment, waivers, or consents. By using the Platform, the Customer agrees to let Whire and the Members use their brand or company name to help promote Broadcasts on the Platform.

The Customer may promote, administer, or conduct a promotion, contest, or sweepstakes on, through or using the Platform (each a “Promotion”), only if:
(a)  the Promotion is carried in compliance with all applicable laws and regulations;
(b) the Customer makes expressly clear that Whire does not sponsor, co-sponsor, endorse or support the Promotion.
The Customer shall be solely responsible for all aspects of, and expenses related to, the Promotion, including, without limitation, the execution, administration, and operation of the Promotion, drafting and posting any official rules, selecting winners, issuing prizes, and obtaining all necessary third-party permissions and approvals.

You may submit or make available certain content, information, and data, such as messages or files (each a “Contribution”). You shall be responsible for Your Contributions and You shall assume all risks associated with Your Contributions, including anyone’s reliance on its quality, accuracy, reliability, appropriateness, or any disclosure that makes You or anyone else personally identifiable. You shall represent and warrant that You own or have the necessary rights, consents and permissions to use and authorize the use of Contributions as described herein. You shall not imply that Contributions are in any way sponsored or endorsed by Whire. Whire shall not be responsible or liable to You or any third party for the content or accuracy of any Contribution. Whire may reject or remove Contributions (such as Contributions that violate these terms or applicable law), but Whire shall have no obligation to do so.

"Confidential Information" means any business and technical information disclosed by one party ("Disclosing Party") to the other party ("Receiving Party") that is identified as confidential or proprietary, or which should reasonably be understood to be confidential or proprietary. Confidential Information does not include information which Receiving Party can show (a) is or has become publicly available without its breach of these terms; (b) was in its possession prior to disclosure, (c) was provided by a third party having a lawful right to make the disclosure; or (d) is required to be disclosed by law or a court order ("Order"), provided the Receiving Party gives prompt written notice of the requirement and cooperates with Disclosing Party as reasonably necessary to limit or eliminate such requirement, if and to the extent permitted by such Order. The Receiving Party shall not use the Confidential Information of the Disclosing Party except for the performance of its obligations under these terms. These terms, including without limitation any pricing terms hereof, shall be deemed the Confidential Information of Whire. All Contributions shall be deemed Confidential Information, provided however, that Whire may use Contributions for its own internal purposes, such as, without limitation, the general improvement of its products and services or in order to recommend its services to third parties.

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE PLATFORM SHALL REMAIN WITH YOU. WHIRE SHALL NOT BE LIABLE FOR ANY INCIDENTAL, SPECIAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH (I) THESE TERMS; (II) THE USE OF OR INABILITY TO USE THE SERVICES; (III) ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OR OTHER PERSONS WITH WHOM YOU COMMUNICATE, INTERACT OR MEET WITH AS A RESULT OF YOUR USE OF THE SERVICES; AND/OR (IV) YOUR MISCONDUCT OR NEGLIGENT USE OF THE SERVICES OR THE NEGLIGENCE OR MISCONDUCT OF A THIRD PARTY, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WHIRE HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

IN NO EVENT SHALL WHIRE AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH WHIRE, THESE TERMS, YOUR USE OF THE SERVICES, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO WHIRE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHIRE AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

If we fail to comply with these User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

THE PLATFORM IS AVAILABLE “AS-IS” AND ON AN “AS AVAILABLE” BASIS AND YOU SHALL USE IT SOLELY AT YOUR OWN RISK. WHIRE DOES NOT REPRESENT OR WARRANT THAT THE FUNCTIONALITY OF ANY OF THE SERVICES WILL BE IN GOOD REPAIR OR ERROR-FREE OR FREE FROM DELAYS, DEFECTS, OMISSIONS, INTERRUPTIONS OR INACCURACIES. ALL REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OF THIRD-PARTY RIGHTS, ARE HEREBY DISCLAIMED BY WHIRE TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW.

The Platform may contain links or referrals to third party and other independent websites and services which are not provided by Whire. Such websites and services are not under Whire control and Whire shall not be responsible for and have not checked and approved their content or their privacy policies (if any). You shall  make your own independent judgement about whether to use them, including whether to buy any products or services offered by them.
IN NO EVENT SHALL WHIRE AGGREGATE LIABILITY ARISING OUT OF, RELATING TO YOUR RELATIONSHIP WITH WHIRE, THESE TERMS, YOUR USE OF THE SERVICES, EXCEED THE GREATER OF THE AMOUNTS YOU HAVE PAID TO WHIRE IN THE TWELVE (12) MONTH PERIOD PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY, OR ONE HUNDRED U.S. DOLLARS (US$100), IF NO SUCH PAYMENT HAS BEEN MADE. THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN WHIRE AND YOU.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATION MAY NOT APPLY TO YOU.

If we fail to comply with these User Terms, we are responsible for loss or damage you suffer that is a foreseeable result of our breaking these terms or our failing to use reasonable care and skill, but we are not responsible for any loss or damage that is not foreseeable. Loss or damage is foreseeable if either it is obvious that it will happen or if, at the time you accepted these Terms, both we and you knew it might happen.

The Customer shall pay the amounts (“Fees”) for its access to and use of the Platform.
Fees are calculated on the basis of two events (each an "Event"). It shall be the responsability of the Customer to ensure that Events are reported truthfully and accurately as follows:
(1) the Customer shall inform Whire of a hiring decision and the Candidate start date as soon as both the Customer and the Candidate have executed an employment contract or any equivalent binding agreement;
(2) the Customer shall inform Whire of the gross salary mentioned in the employment contract or any equivalent binding agreement. This salary will be kept strictly confidential and is only used for anonymous market studies.
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Unreported Events shall be considered as a breach of these terms and a liability towards Whire for all activities related to credit control and associated legal fees. In the event that the Customer is unable to inform Whire of any of the Events, the Customer must notify finance@whire.net immediately.
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Upon issue of an invoice by Whire, the Customer shall pay to Whire the full amount on the payment terms set out in the invoice. If a Customer disputes an invoice, the Customer shall immediately notify Whire and pay the portion of the invoice not in dispute. Overdue undisputed invoices that remain unpaid shall be grounds for Whire to terminate the Customer’s access to the Platform without refund of any amounts paid.
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Should Whire be unable or unwilling to continue providing access to the Platform under these terms for reasons other than breach of these terms by the Customer, Whire shall have no further liability to the Customer with respect to such discontinuance of service. All Fees owing are non-refundable.

Amounts payable to Whire under this Agreement shall be payable in full without deduction and are net of taxes (including any sales, use, excise, ad valorem, property, withholding, value added tax, or other tax and any income tax withheld at source), tariff, duty or assessment levied or imposed by any government authority (including without limitation any country, state, city, county, province, department, or other subdivision of government) that may be applicable to the purchase of products, software licenses or services hereunder. The Customer shall pay and shall indemnify and hold Whire harmless from all such taxes and customs duties. Whire reserves the right to invoice for sales tax if required under applicable tax laws unless the Customer provides Whire with an exemption certificate or proof that the Customer has self-assessed.

When the employment agreement or equivalent binding agreement between the Customer and the Candidate is terminated within 90 days of its execution, Whire will issue a credit of the full amount paid. The credit shall remain available for 12 months only and shall automatically be deducted of any future fees incurred on the Platform.

The Members may be awarded a sum of money ("Cash Rewards") if:
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1. the Member retrieved their personal referral link from a Broadcast; and
2. the link was used by the Member to create a Recommendation; and
3. a referral was written by the Member for a Recommendation; and
4. after reviewing and eventually interviewing the Candidate behind the Recommendation, the Customer who broadcasted the job advertisement on the Platform hired the Candidate; and
5. 90 days after hiring of the Candidate by the Customer, Whire has received due payment of the Fees by the Customer and the Candidate is still an employee of the Customer

Cash rewards amount advertised online are indicative only and may vary over time.

These Terms will last from when you agree to them until they end as described in this Section.

These terms shall remain in force until You discontinue using the Platform.

Whire shall be entitled to revise these terms at any time, in Whire's sole discretion. If Whire does so, Whire will let Customers and Members know by posting the revised terms on the Platform or website or through other communications.  Customers and Members shall review the revised terms as they will be deemed to have accepted them. If a Customer or a Member does not agree to be bound by the revised terms, they shall discontinue to use the Platform.

Whire shall not be liable in any way because of any delay or failure in performance due to circumstances or causes beyond its control, which shall be deemed to include, without limitation, strike, lockout, embargo, epidemic or other outbreak of disease, riot, war, act of terrorism, flood, fire, act of God/nature, accident, failure or breakdown of components necessary for completion, subcontractor or supplier delay or non-performance, inability to obtain or shortages in labor, materials, protective gear, other supplies or manufacturing facilities, compliance with any law, or circumstances or conditions which in the discretion of Whire may pose a material risk to the health or safety of the employees of Whire, its affiliates or its subcontractors.

The Contracts (Rights of Third Parties) Act (Cap. 53B) of Singapore shall not under any circumstances apply to these terms and any person who is not a party to these terms shall have no right whatsoever to enforce these terms.

These terms shall be governed by the laws of Singapore. In case of a dispute in connection with or arising out, of these terms, the courts of Singapore shall have exclusive jurisdiction.