Terms of Use

Contents

  1. Recitals and Schedule
  2. Interpretation
  3. Definitions
  4. Registering with the Site
  5. How does Fintros work?
  6. Fees and payment for the Service
  7. User responsibilities
  8. Our limitations on liability
  9. Intellectual Property Rights
  10. Licensing to Fintros
  11. Disclaimer of Warranties
  12. Indemnity
  13. Communications Decency Act
  14. DMCA Notices
  15. Applicable Law
  16. Dispute Resolution
  17. Force Majeure
  18. Severability
  19. Non Waiver and Assignment
  20. Termination
  21. Notice
  22. Entire Agreement
  23. User Data

Welcome to Fintros, the leading anonymous career trajectory platform for accounting and finance professionals. These terms of service are an agreement (“Agreement”) between Fintros Inc. and you.

  1. Recitals and Schedule

    The recitals and the schedules constitute an integral, essential and substantial part of this Agreement.

  2. Interpretation

    1. In this Agreement, unless the context required otherwise:

      • the masculine, feminine or neuter gender respectively includes the other genders and any reference to the singular includes the plural (and vice versa);

      • any reference to “day” or “days” refers to calendar days, with the sole exception of Saturday and Sunday and any other day on which ordinary financial institutions are closed in the city of New York.

  3. Definitions

    1. In addition to terms elsewhere defined in this Agreement and unless differently provided hereby, the following terms and expressions shall have the following meanings:

      • “Site” shall refer to www.Fintros.com and any of its derivative pages;

      • “Service” shall collectively refer to the recruiting service offered by Fintros;

      • “Fintros”, “us”, “we”, “our(s)” shall refer to our company, Fintros, our Site and our Service;

      • “candidate” shall refer to any user of our Service (registered on the Site) for the purpose of being recruited by an “employer” through Fintros;

      • “employer” shall refer to any company / employer that is using our Service for the purpose of recruiting candidate(s);

      • “Account Representative” and/or “Fintroducer” shall refer to a Fintros employee designated as such and responsible for the day-to-day management of an employer’s account;

      • “Success Coach” shall refer to a Fintros employee designated as such and responsible for the day-to-day management of the candidate status;

      • “Content” shall refer to any piece of information (including but not limited to text, images, video or audio) uploaded, transmitted or submitted through our Site or Service;

      • “Engagement” shall refer to any interaction between the employer and the candidate;

      • “Invitation” shall refer to the non-binding offer by an employer to a candidate to attend an interview;

      • “Job Offer” and/or "Interview Invitation" shall refer to an offer of employment by the employer to the candidate consisting of the terms of engagement and scope of role, remuneration and conditions of employment;

      • “Job Acceptance Form” shall refer to a notification signed by the employer and the candidate, stating that the candidate accepted a Job Offer, including details of engagement and scope of role, remuneration and conditions of employment;

      • “Signing bonus” shall refer to a discretionary prize that Fintros will give out to candidates once they accept a Job Offer.

  4. Registering with the Site

    1. By registering on the Site, you agree:

      • to provide true, accurate, current, and complete information about yourself and / or the company you represent as requested during the registration process (“Signup Information”);

      • to maintain / update Signup Information in order to keep such information true, accurate, current, and complete;

      • that you shall not create an account using a false identity or information, or on behalf of someone other than yourself;

      • that you shall not create more than one account;

      • that you are responsible for all activities that occur under your account whether or not authorized by you;

      • to grant Fintros the right to suspend or terminate your account in case there is ground to suspect that uploaded information is untrue, inaccurate, not current, or incomplete;

      • that you will not create an account or use the Site or Service if you have been previously removed by Fintros, or if you have been previously banned from the Site or Service;

      • that you are solely responsible for confidentiality of your credentials (username and password);

      • that you shall not copy or reproduce any Content found on or through our Site and / or Service and that you are responsible for the confidentiality of all such information.

    2. Fintros holds the right:

      • to request further clarification regarding uploaded information, before approving any given user of the Service. In doing this, we reserve the right to use a third party service such as Github, LinkedIn or Twitter, SMS validation and/or Google Apps to validate your information and / or confirm your registration;

      • to accept or decline any employer or candidate that does not have a complete profile or does not meet one or more of the requirements specified by us at any point in time.

  5. How does Fintros work?

    1. Fintros is an online recruiting marketplace. We serve as intermediary between candidates and employers, who are the sole parties involved in any contract of employment. Fintros is not bound by any contractual agreement arising between candidates and employers, whether or not Fintros receives some form of remuneration in connection with the transaction.

    2. No contractual obligations are created for either the candidate or the employer through the use of the Service. The candidate has no obligation to accept any Interview Request or Job Offer. No step within the Engagement shall be considered legally binding.

    3. Any information uploaded by candidates on the Site will be stored by Fintros in our systems.

    4. Once registered on the Site, candidates’ information uploaded will be visible and accessible by employers. However, employers will not have access to a candidate’s name and other candidate specific information.

    5. An employer seeking to hire a candidate will create a candidate template for the job they want to hire for. Fintros will then provide the employer with a short list of qualified candidates matching this description. Once Fintros confirms the short listed candidates’ interest in the available job, Fintros will initiate the Engagement process between employer and candidates. Employers can also ask for additional information on any of the profiles included in the shortlist by speaking to their Account Representative.

    6. The Engagement between the parties may result in employers extending one or more Job Offers to candidates. In the event that a Job Offer is signed, the employer is subject to success fee payment as described in Section 6.

    7. In agreeing to use our Service, both candidates and employers agree and undertake:

      • that no Active Recruiting Process (defined as continuous direct, back and forth communication, in an active recruiting or hiring context where a decision to put a candidate on hold or reject has not been made) has been in place between the employer and the candidate for the 90 days prior to the beginning of the Engagement;

      • that they shall carry on the Engagement by using exclusively our Site. Further communication may take place outside of our Site after the Invitation is sent out and accepted;

      • to promptly inform us if a Job Offer is signed, providing us with either a Job Acceptance Form or a signed Job Offer by both parties;

      • to give prompt notice if employment is not started following agreed Job Offer or if employment is terminated within the first 90 days from the Start Date (defined as the start date of employment between the candidate and the employer).

    8. Candidates also agree to notify us as soon as a Job Offer is received, including details on beginning of employment, duration and compensation.

  6. Fees and payment for the Service

    1. Registration and use of our Service is free for candidates.

    2. Candidates are required to notify us in case they accept a Job Offer. Job Offers are for an indefinite or fixed term;

    3. Candidates will receive a Signing Bonus for Job Offers for full time employment of an indefinite term. The candidate will receive a discretionary bonus not later than 120 days after the Start Date;

    4. If you are a candidate who is using our Site and Service, you agree that:

      • you will promptly notify Fintros after termination of your employment as an employee (“Employment”) in the event that

        1. an employer terminates your Employment based on unsatisfactory performance within ninety (90) days of the date on which your Employment commenced, or

        2. you voluntarily terminate your Employment within ninety (90) days of the date on which your Employment commenced. In the event that before the Start Date, either employer or candidate elect not to begin the employment relationship, the candidate shall promptly notify Fintros. We reserve the right to cancel the Signing Bonus if not already administered.

      • All candidates using the Fintros site appoint Fintros as their exclusive agent to represent the candidate with respect to employers and employment opportunities brought to the candidate through the Fintros platform. Candidates waive the right to appoint any person or entity other than Fintros to represent the candidate with respect to employers and employment opportunities brought to the candidate through the Fintros platform.

    5. Once we have accepted the registration of an Employer, the Employer will be able to create job profiles and contact (through the Service) Prospective Employees listed on our Site and Service. If a Prospective Employee identified through use of our Service accepts a Job Offer within twelve (12) months of the date on which the Employer first viewed the Prospective Employee on the Site, the Employer will be charged a Success Fee. Upon successful signing of a Job Offer, the employer shall pay us a one-off Success Fee, which is based on a percentage of the employee’s first year base salary (“Upfront Fee”). Payment terms are for 25% of the fee to be paid on day 1 of the candidate’s employment and the remaining 75% to be paid on day 90 after the candidate’s start date.

    6. Fintros maintains the right to cancel the Upfront Fee to replace a previously employed Fintros candidate in the event that:

      • an employer hires a candidate and terminates the candidate’s employment based on unsatisfactory performance within ninety (90) days of the Start Date;

      • a candidate voluntarily terminates his or her employment within ninety (90) days of the Start Date;

      • Candidate does not start employment because either the employer or the candidate elects not to begin the employment relationship contemplated in the Job Offer. Upon written receipt and confirmation of such information, Fintros will fully refund to the employer the Upfront Fee paid related to the terminating candidate.

    7. No Fee shall be due to Fintros where an employer can prove that a candidate was known to the employer and was being considered for employment prior to the employer viewing the candidate on the Site (Active Recruiting Process). Fintros reserves the right to request any documentation to evidence that the candidate was known to the employer. This clause shall not apply where the employer initiates the Engagement through the Site. In such case, Fintros shall not be considered liable to candidates for paying the Signing Bonus.

    8. If a candidate fails to notify Fintros of a signed and executed Job Offer, or does not act in good faith regarding a signed and executed Job Offer and Fintros becomes aware of it, the candidate shall not be entitled to the payment of any Signing Bonus.

    9. If (a) neither the employer nor the candidate discloses to Fintros that the employer hired the candidate (regardless of whether the candidate accepted or declined an interview request through the Fintros platform), (b) the candidate was introduced to the employer or the employment opportunity with the employer through the Fintros platform, and (c) Fintros subsequently discovers that the candidate was employed by the employer, then in lieu of the 15% Success Fee described in Section 6.05 above, the employer shall pay Fintros a fee equal to 30% of the candidate’s 1st year base salary, and Fintros may, in its sole discretion, terminate the employer’s account.

    10. Fintros employers do not reserve the right to engage, interview or hire Fintros employees without written expressed notice from Fintros. This condition is binding during the entirety of services and lasts 12 months and a day after the completion of billing. In the event an employer does hire a Fintros employee without Fintros' consent, Fintros reserves the right to charge a success fee equal to ten times their current salary.

    11. Fintros reserves the right at any time to change its fees (including to begin charging for services that it is currently providing free of charge) and billing methods, either immediately upon posting on the Site or by email delivery to you.

User responsibilities

  1. You must, at all times, abide by the terms and conditions of the current Privacy Policy, Terms of Use, and other policies of Fintros. This includes respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights. You must not upload or otherwise disseminate any information that may infringe on the rights of others or which may be deemed to be injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Fintros and its community of Users. You agree also to act with decency towards any other User and not to spam, hack or phish us and / or any User.

  2. You will not aggregate, repurpose, republish or otherwise make use of any Content in any medium, including without limitation by any automated or non-automated “scraping”.

  3. You must not make use of any services, automated or otherwise, including but not limited to bots, botnets, scripts, apps, plugins, extensions or other automated means to boost the level of activity of your profile beyond what a human could reasonably produce under the same constraints. This includes also attempting to interfere with and compromise system integrity and security.

  4. You will not upload invalid or illegal data, viruses, worms or other software agents through the Service.

  5. You will not collect and make inappropriate use of any personally identifiable information, including account names, from the Service. You will also not use our Site to post false or fraudulent information about a company or individual.

  6. You will not engage in any form of commercial activity by using Content acquired by accessing our Service. Similarly, you will not engage in any commercial activity linked to giving access to third parties to your Service access.

  7. You agree not to violate any requirements, procedures, policies or regulations of networks connected to Fintros

  8. You agree to not violate any law or regulation, and you are responsible for such violations.

  9. You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine.

  10. You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

Our limitations on liability

  1. We are not liable for any contractual obligation arising between the candidate and the employer who use our Site and Service.

  2. We are not liable for the Content that is posted on our Site. Fintros is not liable to third parties for any Content that has been posted or viewed on the Site or Service.

  3. We do not investigate into candidate’s profiles and backgrounds beyond the level of information that we are provided by the candidates. We retain the right to conduct screenings using public information but we shall never be considered liable for failed knowledge of information.

  4. We are not required to screen any of the information that is uploaded or goes through our Site. We retain the right to remove, screen or edit any Content at any time and for any reason without any notice to you or any party affected.

  5. We shall not be liable, in any event, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for any indirect, incidental, special, exemplary, or consequential damages, including without limitation any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings and loss of goodwill.

  6. In no event will Fintros be liable to a candidate for the greater of Fintros' share of

    • the success fee paid by the employer or

    • $100, as a result of the candidate’s use on the Site or Service.

  7. In no event will Fintros be liable to an employer for more than Fintros’s share of the success fees paid by the employer for the first 12 months period during which employer first asserts a claim arising out of or related to a Job Offer made by employer to a candidate.

  8. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Intellectual Property Rights

All copyright, trademarks, design rights, patents and other intellectual property rights therein (registered and unregistered) are owned by or licensed to Fintros, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. Fintros reserves all of its rights in and to the Service and Site. Nothing in the Agreement grants you a right or license to use any trademark, design right or copyright owned or controlled by Fintros or any other third party except as expressly provided in the Agreement.

Licensing to Fintros

You hereby grant to Fintros a license to use and reuse all or any part of your Content (“Your Content”) and anything we may make with Your Content through Fintros or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with Your Content. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. We may, at our discretion, remove any information that you uploaded on or through the Service. By submitting any Content to us, you hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and / or the Service you will be exposed to Content from a variety of sources, and that Fintros is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Fintros. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fintros with respect thereto, and agree to indemnify and hold Fintros harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Disclaimer of Warranties

  1. The materials on Fintros's web site are provided "as is". Fintros makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fintros does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

  2. Fintros parties make no warranty, representation or condition that:

    • the Site or Service is accurate, up-to-date and free of bugs at all times. Also, we cannot guarantee that the Site or Service will meet your requirements;

    • your use of the Site or Service will be uninterrupted, timely, secure or error-free;

    • the results that may be obtained from use of the Site or Service will be accurate or reliable;

    • any errors in the Site or Service will be corrected.

  3. You agree that you are solely responsible for all of your communications and interactions with other users of the Site and Service

Indemnity

  1. You undertake to fully indemnify and hold harmless, us from, against and in respect to any loss, damage, claim, obligation, liability, cost, expense (including, without limitation, attorneys’ and other professional’s fees, costs and expenses, court costs, settlements and disbursement) arising from:

    • your use of and access to the Site and Service;

    • your violation of any term of this Agreement;

    • your violation of any law and regulation;

    • your violation of any third party right, including without limitation any copyright, property, or privacy right; or

    • any claim that any of Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site and/or Service.

Communications Decency Act

We are aware that Content uploaded on our Site or Service is user generated and provided by third parties. Since third parties independently upload their Content to our Site and our Service, we are not liable for any defamatory Content posted on our Site if published by a third party. Although we may choose to edit or delete any clearly defamatory Content, we are not required to, and we reserve all defenses for such speech.

DMCA Notices

  1. Fintros respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Fintros will respond expeditiously to claims of copyright infringement committed using the Site and / or Service

  2. If you believe that Content residing or accessible on or through the Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information:

    • identification of the work or material being infringed;

    • a description of the location on the Site or Service of the material that you claim is infringing;

    • your contact information, including name, address, telephone number, and email address

    • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law

    • a statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner

    • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

Applicable Law

This Agreement shall be governed in all respects, including validity, interpretation and effect, without regard to principles of conflicts of law, by the laws of the Province of Ontario.

Dispute Resolution

  1. All disputes between Fintros and you arising out of or in relation to this Agreement (including any disputes related to the validity, interpretation or enforceability of this arbitration clause) shall be settled by arbitration under the rules of the Province of Ontario (the “Arbitration Rules”). The arbitral tribunal will consist of 3 (three) arbitrators, regardless of the number of the Parties involved, appointed in accordance with the Arbitration Rules. The Parties agree that, in case each Party appoints its arbitrator, the chairman of the panel will be appointed by the two party-appointed arbitrators. The award may be always challenged for breach of the substantial provisions applicable to the merit of the dispute.

  2. The seat of the arbitration will be Toronto and will be conducted in the English language. The arbitral tribunal shall decide on the merits of the dispute with the substantive laws of the Province of Ontario, without regard to conflicts of law rules.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall not invalidate any of the remaining provisions of this Agreement. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Fintros shall have the sole right to elect which provision remains in force.

Non Waiver and Assignment

Fintros's failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under these Terms, and any such attempt will be void. Fintros may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.

Termination

Fintros may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to any breach of the terms or conditions of this Agreement. In particular, Fintros may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.

If you wish to terminate this Agreement, you may do so by notifying Fintros at any time and closing your account for the Service. Your notice should be sent in writing, in accordance with Section 21 below. Termination of the Agreement may result in the immediate deletion of any Content that you have submitted to Fintros. Fintros will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.

Entire Agreement

Without prejudice to the provisions expressly set forth herein, this Agreement is the final, complete and exclusive agreement between the parties with respect to the subject matter hereof and replaces any previous understanding, discussion and/or letter of intent executed by the Parties in relation to such subject matter.

User Data

  1. Agreement / Basic Terms

    By using or accessing Fintros’ website, or any portion of the website, you agree to Fintros' terms of use as outlined in this statement. These terms govern your access to and use of the services. You are entitled to access and use Fintros' services only if you accept and comply with these terms. If you do not want to register an account with Fintros, do not enter into this agreement, do not click “Get Started,” and do not access, view or otherwise use any of Fintros' information or services. By clicking “Get Started” you acknowledge that you have read and understood the terms and conditions of this agreement and that you agree to be bound by its provisions.

  2. Where your Data is Made Available

    By using or accessing Fintros’s website, or any portion of the website, you agree to Fintros’s terms of use as outlined in this statement. These terms govern your access to and use of the services. You are entitled to access and use Fintros’s services only if you accept and comply with these terms. If you do not want to register an account with Fintros, do not enter into this agreement, do not click “Join,” and do not access, view or otherwise use any of Fintros’s information or services. By clicking “Join” you acknowledge that you have read and understood the terms and conditions of this agreement and that you agree to be bound by its provisions.

  3. How Long the Data is Retained for

    If you log in to your Fintros account on at least a yearly basis, your details may remain available on the Fintros system indefinitely and is available to be accessed by the Fintros Talent Team. If you do not log in and review your information on at least a yearly basis, you will be notified by email that your information is subject to removal from the system within one month of the date of the email. Removal may be avoided by logging on to your account at any point during that one-month period.

  4. Removing your Personal Data

    If you'd like to remove your profile and resume / CV and terminate your membership, please email privacy@fintros.com with the subject 'Delete My Account'.

  5. Information and Data from Fintros Provided by other Third Parties.

    Fintros makes every effort to ensure that the information available on the site is current and accurate. Fintros is not, however, responsible for the accuracy and integrity of data entered by, or referring to, third parties. This includes, but is not limited to, search assignment postings, search leads, external weblinks, resources, articles or secondary information.

  6. Changes in Privacy Statement and Terms of Use

    Fintros reserves the right to modify or amend the Privacy Statement and Terms and Conditions at any time or for any reason. If this Privacy Statement is amended for any reason, Fintros will post it clearly on the web site so that you will always know what information we collect, use, and, under what circumstances, if any, we disclose it. If you have any queries about this Privacy Statement please contact us at privacy@fintros.com.

  7. How your Personal Details are Safeguarded

    Fintros has taken reasonable precautions to prevent unauthorized access to Fintros.com services, including, but not limited to, the use of firewalls, and controlled distributions of passwords, and so on. Despite our reasonable efforts, no security measures are perfect or impenetrable. Please protect your own username and password from unauthorized use.

  8. Uploading/Downloading Files from Fintros.com

    Fintros does not accept responsibility for any damage incurred as a result of a registered user’s decision to upload or download an attached document from the Fintros.com service. Documents include, but are not limited to, job descriptions and articles.

  9. Cookies

    Fintros.com uses "cookies" to maximize the efficiency of your experience online. A cookie is a text file that is placed on your hard drive by a Web page server. Cookies are uniquely assigned to your computer and can be read only by a Web server in the domain that issued the cookie to you. A cookie informs the Web server that you have returned to a specific page. It ensures that your experience is personalized and that certain pieces of data are retained in order to make your experience as personalized and efficient as possible.

  10. What is Required by You

    You must, at all times, abide by the terms and conditions of the current Privacy Policy, User Agreement, and other policies of Fintros. This includes respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights. You must not upload or otherwise disseminate any information that may infringe on the rights of others or which may be deemed to be injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Fintros and its community of Members. You must keep your username and password confidential and not share it with others.

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