Terms of service
1. About EY
“EY” in this legal statement (these “Terms” or this “Agreement”) refers to Ernst & Young LLP (“EY”). EY is a Delaware limited liability partnership and is a member firm of the global organization of member firms of Ernst & Young Global Limited (“EYG”), each of which is a separate legal entity. EYG, a UK company limited by guarantee, does not provide services to clients. Although parts of these Terms may refer to other entities in the global organization of member firms of EYG, these Terms are only between you and EY and not with any of those other entities.
2. The Global Talent Marketplace web site
These terms apply to your use of the GigNow Web site (this “Site” or “GigNow”).
3. Legal Disclaimer
By using this Site, you are agreeing to be bound by the following terms and conditions. Please read these Terms carefully before using the Site. If you do not accept these Terms (in whole or in part) you may not access or use the Site.
Further, if you reside or are registered in the United States, the parties to these Terms agree to arbitrate any claim, dispute, or controversy, including all statutory claims and any state or federal claims, that may arise out of or relating to the GigNow or the subject matter of these Terms in accordance with the sections entitled Mediation and Arbitration at the end of these Terms. By agreeing to arbitration, the parties understand and agree that they are waiving their rights to use other available resolution processes, such as a court action or administrative proceeding, to settle their disputes. The parties agree that these Terms require the use of mediation and arbitration on an individual basis to resolve covered disputes, rather than jury trials or class actions.
Notwithstanding anything else in these terms, EY may, in its absolute discretion, refuse you or any other person access to part of the Site at any time and for any reason.
All content on the Site and all services provided through it are provided “as is”, with no guarantees of completeness, accuracy or timeliness, and without representations, warranties or other contractual terms of any kind, express or implied. EY does not represent or warrant that this Site, the various services provided through this Site, and / or any information, software or other material downloaded from this Site, will be accurate, current, uninterrupted, error-free, omission-free or free of viruses or other harmful components.
TO THE EXTENT PERMITTED BY LAW, EY DISCLAIMS ALL LIABILITY AND RESPONSIBILITY FOR ANY ERRORS OR OMISSIONS IN THE CONTENT CONTAINED ON THIS SITE.
EY may delete any posted content that it considers, in its absolute discretion, to be in breach of these Terms or to have the potential to cause reputational, operational or other harm to EY or any other person or entity.
Any information you submit through the Site may be provided by EY to the other member firms of EYG, and you may subsequently be contacted by any member firm of EYG as contemplated by the Site. You are responsible for ensuring that any personal information submitted by or about you to the Site is accurate, complete, and up-to-date. The submission of inaccurate, false, or incomplete information may make you ineligible for opportunities or cause any relationship you may have with a member firm of EYG to be terminated.
You consent to EY displaying your name on the Site in the context of GigNow. You acknowledge that, if you post content on the Site, the fact that you are using the Site does not constitute confidential information and you consent to EY’s use of such content in the manner described above.
By using the Site, you warrant that you own or are licensed to use the intellectual property rights in your posted content. This includes copyright in respect of any text you post, as well as the right to use or display any image or logo. You agree to indemnify EY and the other member firms of EYG from and against any claims by third parties arising from your posted content, including any breach of intellectual property rights any third party may bring in relation to your content, unless those claims arise from EY’s or the other member firms’ own negligence.
EY DOES NOT HAVE, AND EXPRESSLY DISCLAIMS, ANY LIABILITY TO YOU IN CONNECTION WITH ANY CONTENT, INFORMATION, TEXT, GRAPHICS, IMAGES, AUDIO OR VIDEO, OR MATERIAL YOU CREATE OR UPLOAD TO YOUR PROFILES AND/OR THE SITE (“POSTED CONTENT”). EY DOES NOT GUARANTEE, AND MAKES NO REPRESENTATIONS IN RELATION TO THE COMPLETENESS OR ACCURACY OF ANY POSTED CONTENT.
For all your Posted Content, you warrant and you must ensure:
- it is not misleading, deceptive or materially inaccurate in any way, including in relation to the availability, nature, terms or conditions or any other matter relating to the services being offered or sought; and
- it is compliant with all applicable laws and licensing requirements.
EY may remove any Posted Content if it considers, acting reasonably, that you or any other users have breached these Terms or if, in its sole discretion, EY believes that maintaining the Posted Content presents a risk to EY’s reputation or business and operations (including the Site).
Notwithstanding the foregoing, EY does not, nor is EY under any obligation or duty to monitor, consider, evaluate, assess, review, screen, censor or remove any Posted Content. EY does not have (and expressly disclaims) any liability in connection with any monitoring, consideration, evaluation, assessment, review, screening, censoring or removal of Posted Content or any failure or refusal on EY’s part to do so.
EY reserves the right to keep your Posted Content on the Site indefinitely unless removed earlier by you.
5. Prohibited Content and Prohibited Activities
Notwithstanding anything to the contrary in these Terms, you must not:
- attempt to decipher, decompile, disassemble or reverse engineer any of the software or code comprising or in any way making up a part of the Site including any algorithm used by the Site;
- take any action that imposes an unreasonable or disproportionately large load on the Site’s infrastructure, including spam or other unsolicited mass e-mailing techniques;
- use the Site for any objectionable or unlawful purpose, including the posting of any threatening, libelous, defamatory, obscene, pornographic, profane or illegal material;
- use the Site that would result in your breaching any applicable legislation or licensing obligations (including with respect to privacy) or any obligations you may owe to third parties;
- mislead or deceive others through any act or omission or make a false representation about your identity, including the impersonation of a real or fictitious person or using an alternative identity or pseudonym;
- post content which contravenes a confidentiality or non-disclosure agreement, insider trading laws, or intellectual property rights which you are not authorized to transfer to another party;
- conduct any activity which compromises or breaches another party’s patent rights, trademark, copyright or other intellectual property rights;
- copy, collect or save information about other users including their skills, employment or education history;
- publish advertising material or market any goods or services directly to other users;
- introduce any virus, worm, Trojan horse, malicious code or other program which may damage computers or other equipment;
- stalk or harass anyone;
- attempt to disrupt or interfere with the delivery of our service through the Site;
- use the details of other users for anything other than the use expressly permitted by those users;
- download, access or use user details other than to fill vacant positions as contemplated by the Site or as otherwise explicitly permitted by EY in writing;
- sell, redistribute or use information contained on the Site for a commercial purpose without EY’s prior written consent;
- remove or alter copyright notices or other means of identification including any watermarks, as they appear on the Site;
You understand and agree that you are solely responsible for compliance with any laws, rules, regulations and taxation obligations that may apply to your use of the Site.
6. Your Account
You are responsible for maintaining the confidentiality of any passwords associated with your account, monitoring all activity under the account, and assuming full responsibility for all activities that occur under your account.
When you sign up, you may be requested to provide your name, email address, work/position title, phone number and such other information to enable your registration. These are your credentials for accessing the services on the Site which is only available to registered members. In doing so, you agree that you:
- are not impersonating any person or entity; and
- are not violating any applicable state, federal, or other law regarding use of personal or identification information.
EY may, from time to time, use any of the information you submit to verify the completeness, accuracy or truthfulness of the information you have provided on the Site. Your failure to maintain accurate, complete, and up-to-date Account information, including uploading an invalid or illegible form of identification, or your failure to provide additional evidence requested by EY, may result in your inability to access and use the Site or EY’s termination of your account (without prejudice to any other remedies EY may have). You may not authorize third parties to use your account, and you may not assign or otherwise transfer your account to any other person or entity.
7. General Eligibility
The Site is not intended for use by persons under the age of 18. You must be at least 18 years old and have reached the age of majority in your jurisdiction of primary residence and citizenship to participate in the Site. You may not access or use the Site if you are a citizen or national of any country that is subject to United States export restrictions (currently including, but not necessarily limited to, Iran, Syria, Cuba, North Korea, Libya, and Sudan). Also, you may not access or use the Site from any such country. You may not use the Site if you do not have legal authorization to work in the country in which the postings to which you apply are to be performed. If any applicable law, rule or regulation prohibits your access of the Site, you may not access or use the Site. You also represent that you are not an individual or an individual employed by or associated with an entity identified on the US Department of Commerce’s Denied Persons or Entity List, the US Department of Treasury’s Specially Designated Nationals or Blocked Persons Lists, or the Department of State’s Debarred Parties List or otherwise ineligible to receive items subject to US Export control laws and regulations, or other economic sanctions of any sovereign nation.
8. Awarding the Work
Each member firm of EYG awards work in its sole discretion. No work will be awarded through the Site. Nothing in this Site creates any employment relationship between you and EY or any member firm of EYG, or any promise that such a relationship will be created at any time.
Email updates are free services offered by certain EY member firms to individuals for private, non-commercial use. Email update aggregators may incorporate the EY feeds into their directories for the benefit of individuals using the aggregator. Any other use is prohibited, including copying, reproducing, republishing, uploading, posting, transmitting, or distributing our feeds or podcasts in any way by any means.
EY reserves the right to discontinue any email updates at any time. All content, imagery, and logos that appear within the email updates are owned by EYGN Limited (“EYGN”) and all rights are reserved. EYGN is a member firm of EYG. EYGN is a central coordinating entity and does not provide services to clients.
You may link to this Site if such link does not involve:
- unauthorized use of our logo;
- any false claim (actual or implied) of endorsement by, or other relationship with, EY or local member firm(s);
- framing or embedding of any pages of our Site; or
- other infringement of our trademarks, copyright and/or other intellectual property rights
EY does not bear any responsibility whatsoever for the content, accuracy or security of any websites that are linked (by way of hyperlink or otherwise) to this Site.
Certain links on this Site lead to servers maintained by individuals or organizations over which EY has no control. EY makes no representations or warranties regarding the accuracy or any other aspect of the information located on such servers. A link to a third party’s website should not be construed as an endorsement by either EY or that third party of the other or its products and services.
11. Copyright Notice
Except where noted otherwise, all material on the global portion of the Site is Copyright © 2017 Ernst & Young LLP, and on the individual country sites, local material is Copyright © 2017 to the relevant member firm(s). All rights reserved. No part of the materials on this Site, including but not limited to the text, graphics and html code, may be reproduced or transmitted in any form, or by any means without EY’s written permission or, in respect of local content on an individual country site, the written permission of the relevant member firm(s).
“EY” and the stylized EY symbol are registered or pending registration with the US Patent and Trademark Office or other trademark offices around the world. If any person or entity believes their copyright-protected work was posted on this Site without authorization, they may submit a copyright infringement notification. Such requests should only be submitted by the copyright owner or an agent authorized to act on the owner’s behalf. Such requests should be sent to: DMCA@ey.com.
12. Continuity of Service
EY aims to provide a service that is continually available and capable of use. However, EY may suspend your account and your access to the Site at any time and for any reason, including without cause. The most likely reasons why EY might suspend your account or access to the Site include (but shall not be limited to):
- maintaining the Site or changing its features or functionality;
- you don’t use your account for an extended period;
- your breach of these Terms;
- faults, service outages or other technical problems;
- a legal requirement, such as an injunction or due to an investigation by police or other law enforcement agency.
EY WILL NOT HAVE ANY LIABILITY IN CONNECTION WITH ANY SUSPENSION OF YOUR ACCOUNT OR YOUR ACCESS TO THE SITE, REGARDLESS OF THE REASON FOR SUSPENSION.
EY may revise these Terms at any time in its discretion. EY encourages you to periodically review these Terms to view any updates. Your continued use of the Site following changes to these Terms constitutes your agreement to the revisions.
You acknowledge that EY may use your personal information and data according to our Privacy Statement, which are incorporated herein by this reference. You hereby agree to the terms of EY’s Privacy Statement and Cookie Notice, including any obligations imposed on you therein, and to comply with all applicable laws in accessing and using the Site.
EY may assign or novate any of its rights or obligations under these terms without your consent. EY’s decision not to enforce any provision of these Terms shall not constitute a waiver of such provision. Further, any consent to depart from any of these Terms shall be ineffective unless it is confirmed in writing and signed by EY.
These Terms constitute the entire agreement between you and EY in relation to its subject matter. You agree that you have not relied on any representations by EY in agreeing to these Terms, except as may be set forth in these Terms.
If any portion of these Terms are invalid or unenforceable in any jurisdiction, then (i) in that jurisdiction it shall be re-construed to the maximum effect permitted by law to effect its intent as nearly as possible, and the remainder of these Terms shall remain in full force and effect, and (ii) in every other jurisdiction, these Terms shall remain in full force and effect.
The parties are independent contractors with respect to each other. These Terms do not constitute and shall not be construed as constituting a partnership or joint venture among the parties hereto, or an employee-employer relationship. You agree that EY has no special relationship with or fiduciary duty to you. Neither party shall have any right, power or authority to enter into any agreement for, or on behalf of, or incur any obligation or liability of, or to otherwise bind, the other party.
Crawling, spidering or scraping of content is prohibited, except to the extent required by recognized search engines (e.g. Google or Indeed) for the purposes of indexing the site. You may not provide unauthorized interfaces to any of EY’s applications.
The information presented on this Site should not be construed as legal, tax, accounting or any other professional advice or service. You should consult with an EY or other professional advisor familiar with your particular factual situation for advice concerning specific tax or other matters before making any decision.
These Terms, and any non-contractual matters or obligations arising out of these Terms or the Site, including (without limitation) claims arising in tort, fraud, under statute or otherwise relating to the Services, or questions relating to the scope or enforceability of this paragraph, shall be governed by, and construed in accordance with, the laws of New York applicable to agreements made, and fully to be performed, therein by residents thereof. Any dispute relating to or arising out of this Agreement or the Services, directly or indirectly, shall be resolved as set forth in the sections below entitled Mediation and Arbitration.
14. Limitation of liability
TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, EY DISCLAIMS ALL LIABILITY TO YOU AND EVERYONE ELSE IN RESPECT OF THE CONTENT ON THIS SITE AND ALL SERVICES PROVIDED THROUGH IT, WHETHER UNDER ANY THEORY OF TORT, CONTRACT, WARRANTY, STRICT LIABILITY OR NEGLIGENCE OR OTHERWISE, AND WHETHER IN RESPECT OF DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, PUNITIVE OR SIMILAR DAMAGES, EVEN IF EY WAS ADVISED, KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES.
TO THE EXTENT PERMITTED BY LAW, EY’S MAXIMUM LIABILITY, WHETHER IN CONTRACT, EQUITY, STATUTE OR TORT (INCLUDING NEGLIGENCE), TO YOU WILL BE LIMITED TO $100.
YOU USE THE SITE ENTIRELY AT YOUR OWN RISK. EY IS NOT RESPONSIBLE FOR, AND YOU AGREE THAT EY WILL HAVE NO LIABILITY IN RELATION TO, YOUR USE OF AND CONDUCT IN CONNECTION WITH THE SITE, OR ANY OTHER PERSON’S USE OF OR CONDUCT IN CONNECTION WITH THE SITE, IN ANY CIRCUMSTANCE.
EY DOES NOT GUARANTEE OR WARRANT THAT ANY FILE YOU DOWNLOAD FROM THE SITE OR EY DELIVERS TO YOU VIA EMAIL WILL BE FREE OF INFECTION OR VIRUS, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE QUALITIES. YOU ARE RESPONSIBLE FOR IMPLEMENTING APPROPRIATE PROCESSES, SYSTEMS AND PROCEDURES TO PROTECT YOURSELF FROM THIS TYPE OF ISSUE.
TO THE MAXIMUM EXTENT PERMITTED BY LAW EY EXCLUDES ALL IMPLIED REPRESENTATIONS AND WARRANTIES WHICH MIGHT APPLY IN RELATION TO YOUR USE OF THE SITE.
A party shall submit a dispute to mediation by written notice to the other party or parties. The mediator shall be selected by the parties. If the parties cannot agree on a mediator, the International Institute for Conflict Prevention and Resolution (“CPR”) shall designate a mediator at the request of a party. Any mediator must be acceptable to all parties and must confirm in writing that he or she is not, and will not become during the term of the mediation, an employee, partner, executive officer, director, or substantial equity owner of any EY audit client.
The mediator shall conduct the mediation as he/she determines, with the agreement of the parties. The parties shall discuss their differences in good faith and attempt, with the mediator’s assistance, to reach an amicable resolution of the dispute. The mediation shall be treated as a settlement discussion and shall therefore be confidential. The mediator may not testify for either party in any later proceeding relating to the dispute. The mediation proceedings shall not be recorded or transcribed.
Each party shall bear its own costs in the mediation. The parties shall share equally the fees and expenses of the mediator.
If the parties have not resolved a dispute within 90 days after written notice beginning mediation (or a longer period, if the parties agree to extend the mediation), the mediation shall terminate and the dispute shall be settled by arbitration. In addition, if a party initiates litigation, arbitration, or other binding dispute resolution process without initiating mediation, or before the mediation process has terminated, an opposing party may deem the mediation requirement to have been waived and may proceed with arbitration.
The arbitration will be conducted in accordance with the procedures in this document and the CPR Rules for Non-Administered Arbitration (“Rules”) as in effect on the date of the Agreement, or such other rules and procedures as the parties may agree. In the event of a conflict, the provisions of this document will control.
The arbitration will be conducted before a single arbitrator, to be selected in accordance with the screened selection process provided in the Rules. Any issue concerning the extent to which any dispute is subject to arbitration, or concerning the applicability, interpretation, or enforceability of any of these procedures, shall be governed by the Federal Arbitration Act and resolved by the arbitrator. No potential arbitrator may be appointed unless he or she has agreed in writing to these procedures and has confirmed in writing that he or she is not, and will not become during the term of the arbitration, an employee, partner, executive officer, director, or substantial equity owner of any EY audit client. Each party shall bear their own costs in the arbitration, and shall evenly split the fees associated with the arbitrator.
The arbitrator shall have no power to award non-monetary or equitable relief of any sort or to make an award or impose a remedy that (i) is inconsistent with the agreement to which these procedures are attached or any other agreement relevant to the dispute, or (ii) could not be made or imposed by a court deciding the matter in the same jurisdiction. In deciding the dispute, the arbitrator shall apply the limitations period that would be applied by a court deciding the matter in the same jurisdiction, and shall have no power to decide the dispute in any manner not consistent with such limitations period.
Discovery shall be permitted in connection with the arbitration only to the extent, if any, expressly authorized by the arbitrator upon a showing of substantial need by the party seeking discovery.
All aspects of the arbitration shall be treated as confidential. The parties and the arbitrator may disclose the existence, content or results of the arbitration only in accordance with the Rules or applicable professional standards. Before making any such disclosure, a party shall give written notice to all other parties and shall afford them a reasonable opportunity to protect their interests, except to the extent such disclosure is necessary to comply with applicable law, regulatory requirements or professional standards.
The result of the arbitration shall be binding on the parties, and judgment on the arbitration award may be entered in any court having jurisdiction.