Sonru.com

Updated 27 October 2011

The Sonru Services

By accessing or using the www.sonru.com website (the “Site”) and all other services provided via the Site (the “Services”), you acknowledge and agree to the disclaimers, terms, conditions set forth below as well as the terms of the Sonru <Privacy Policy> (collectively the “Terms”). If you do not agree to the Terms, you should not use the Site. We reserve the right, in our sole discretion, to change, modify, add or remove portions of these Terms at any time. You should check these Terms periodically for changes as by using the Site after we post any changes to these Terms, you are agreeing to accept those changes, whether or not you have reviewed them.

Who We Are

Reference to “sonru.com”, “Sonru”, “us”, “we” or “our” in these Terms refer to Sonru Limited an Irish registered private limited liability company with its registered office at Enniscorthy Enterprise & Technology Centre, Milehouse Road, Enniscorthy, Co. Wexford, Ireland. Our registered company number is 442260 and our VAT number is IE 9663611J. To provide the Services, Sonru also uses third party vendors and hosting partners to provide the necessary hardware, software, networking, storage and related technology required to run the service.

Our Terms of Service

By using the Services, you agree to be legally bound by these Terms just as if you had signed them. Sonru reserves the right to update and change the Terms from time to time. Any changes will be posted on Site and the date on which they come into effect will appear at the top of the page. The Terms are available only in English. You can of course save or print the Terms at any time for your records. We will also email through a link to these Terms to each person who registers for a Sonru account. Any new features that augment or enhance the current Services, including the release of new tools and resources, shall be subject to the Terms as so amended from time to time. Continued use of the Services after any such changes shall constitute your consent to such changes.

Your Account, Your Responsibility

In order to register a Sonru Account, whether as an interviewer or as an interviewee, you are required to provide some identifying information (including your legal full name and a valid email address). Once your Sign-up application has been received and verified by Sonru, you will be granted Log In details, including a password (“Your Log In”), to access your Sonru account (“Your Account”). While certain parts of the Site are available to non-account holders, you can only activate Your Account once you have positively clicked your acceptance of these Terms. Your Log In is personal to you and may not be shared with others. If Your Account is a corporate account, you can create individual user accounts with separate log ins. However, you will be responsible for the activity of those individual users.

IT IS ESSENTIAL THAT YOU MAINTAIN THE CONFIDENTIALITY OF YOUR LOG IN AS YOU WILL BE HELD RESPONSIBLE FOR ALL USE OF YOUR ACCOUNT IN THE EVENT OF A BREACH OF THESE TERMS. YOU MUST NOTIFY SONRU IMMEDIATELY IF THE CONFIDENTIALITY OF YOUR LOG-IN DETAILS ARE COMPROMISED OR IF YOUR ACCOUNT HAS BEEN ACCESSED UNLAWFULLY. SONRU CANNOT AND WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECURITY OBLIGATION.

Sonru as the “Mere Conduit”

While the Services provide a convenient and economic tool for remotely interviewing people online, the manner in which the Services are used is entirely determined by the Account holders. Sonru plays no role in initiating the transmission of interview content, Sonru does not determine the recipient of the interview invitation and Sonru does not select or modify the information contained in any interview transmission. Sonru expresses no view as to the quality or suitability of any employer or interviewee and does not endorse any opinion, recommendation or advice expressed by users of the Services. Sonru expressly disclaims any and all liability in connection with such content.

Accordingly, you agree that Sonru is not responsible for any loss, injury or damage to any individual as a result either directly or indirectly of any information published on the Site or made available through the Services.

Unacceptable Content

A key feature of the Services is that they enable users to post their own content, either as an interviewer or an interviewee. While our “Conditions of Use” below prohibit the posting of content which is factually inaccurate, unlawful or offensive, Sonru does not take responsibility for any content posted by third parties while using the Services. Accordingly, you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Sonru with respect to any such content. You acknowledge that while you may be exposed to such materials you will hold Sonru harmless in relation thereto.

Sonru does not pre-screen content posted by users, but Sonru reserves the right (but not the obligation) in its sole discretion to refuse or remove any content that is available via the Services where it has any grounds to suspect non-compliance with these Terms. Violation of any of these Terms may result in the termination of your account (without prejudice to any other legal rights or remedies available to Sonru). The failure of Sonru to exercise or enforce any right or provision of these Terms shall not constitute a waiver of such right or provision.

Security

You understand that the technical processing and transmission of the Services, including your content, may be transferred unencrypted and involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. Further details of our security measures are contained in our <Privacy Policy>.

Conditions of Use of the Services

1. You must be 18 years or older to use the Services or be a student accessing the service as part of a school-approved scheme. You must be a human. Accounts registered by “bots” or other automated methods are not permitted.
2. You must provide accurate and complete Sign-up and Log In details in order to validate Your Account and, where you are representing a company or other legal person, you warrant that you are duly authorised to open an account on behalf of that company. You cannot impersonate anyone else or use any Log In details other than those granted to you. Sonru reserves the right to verify new accounts by contacting the account owner by e-mail, phone or in person.
3. You must use a computer with sufficient Internet bandwidth connectivity before recording interview content on the Site. Interviewees are required to take a bandwidth test prior to taking an interview. Interviewees must also have a web-cam and audio capability which comply with the criteria set out in the Site.
4. You represent and warrant that you have (and will continue to have during your use of the Services) all necessary licenses, rights, consents, and permissions which are required to enable Sonru to use content provided by you for the purposes of the provision of the Services by Sonru, and otherwise to use such content in the manner contemplated by the Site and these Terms.
5. You are responsible for all content posted and activity that occurs under Your Account. This is the case even when content is posted by others who have accessed or created accounts under a corporate account.
6. You agree not to use the Services or cause or permit the Site to be used:-
   6.1 for any illegal or unauthorised purpose. For example, you must not, in the use of the Services, violate any laws in your jurisdiction (including but not limited to copyright laws).
   6.2 to post content that we determine in our sole discretion is unlawful, offensive, threatening, libellous, defamatory, pornographic, obscene, abusive or otherwise objectionable or violates any party’s intellectual property or privacy rights or these Terms;
   6.3 to circumvent, disable or otherwise interfere with any security related features of the Site or to jeopardise or prejudice the operation, quality or integrity of the Site or the Services, or the operation, quality or integrity of any telecommunications network;
   6.4 for any commercial purpose including any direct marketing, contests or pyramid schemes, nor to use the Site or the Services to participate in or cause others to participate in sending chain letters, junk e-mail, spam, duplicative or unsolicited messages, advertising or promotional material;
   6.5 to harvest or otherwise collect information about others, including e-mail addresses, without their consent;
   6.6 to distribute, download, upload or transmit any material which contains viruses, trojan horses, worms, time bombs, cancelbots, or any other harmful or deleterious programs;
   6.7 contrary to the terms and conditions of any Internet Service Provider whose services you may use.

Online Purchases

If you wish to purchase products or Services described in the Site, you may be asked to supply certain information, including credit card or other payment information.

BY PROVIDING SUCH INFORMATION, YOU REPRESENT AND WARRANT THAT IT IS ACCURATE, COMPLETE, AND CURRENT. BY MAKING ANY SUCH PURCHASE, YOU AGREE TO PAY ALL CHARGES INCURRED BY USERS OF YOUR CREDIT CARD OR OTHER PAYMENT MECHANISM AT THE PRICES IN EFFECT WHEN SUCH CHARGES ARE INCURRED. YOU ARE RESPONSIBLE FOR PAYING ANY TAXES APPLICABLE TO SUCH PURCHASE.

SONRU LIMITED RESERVES THE RIGHT TO REFUSE ANY ORDER FOR ANY REASON. ORDERS MAY BE DELAYED OR CANCELED IF SONRU IS NOT GIVEN COMPLETELY ACCURATE INFORMATION AND/OR IS UNABLE TO CONTACT THE PERSON WHO HAS PLACED THE ORDER AND/OR THE PRIMARY CARDHOLDER FOR THE ORDER.

Payment and Refund Terms

Sonru’s pricing and payment terms are explained in advance of any purchase and those pricing provisions form part of these Terms and are incorporated herein by reference. Sonru currently operates its pricing and payment on the following basis:

1. Subscription Model: Companies pay a yearly subscription fee as advised in our pricing. Interviewers are then able to use the system according to the terms of their commercial agreement with Sonru. Pricing will be revised from time to time and existing Account holders will receive at least 30 days advance notice of any price increases which affect them.
2. Project Model: Companies can pre-purchase a set number of interviews to use on a project basis. This project is delimited by a time specified in the commercial agreement with Sonru. Interviews not used within this time will expire and cannot be transferred.
3. Refunds: Sonru provides a platform to allow interviewers interview interviewees. While reasonable efforts have been made by Sonru to ensure interviewees can complete interviews effectively (e.g. bandwidth testing, audio visual testing, provision of interview tests etc), the Services are billed in advance on a subscription or project basis. Account holders cannot therefore claim a refund for any Services availed of. Therefore, viewing fees for interviews are non-refundable once the interview has been viewed. Sonru does not offer any refunds for poor application, video, sound and/or interviewee quality.
4. Currency: All prices are quoted and payable in euro unless specified in the commercial agreement with Sonru.

Intellectual Property

Subject to these Terms, we grant you a non-exclusive, non-transferable, limited right to access and use the Site and those Services for which Your Account has been approved. However, no other right, title, or interest in the Site or in any such Services will be granted or transferred to you as a result of any permitted use of such Services.

While Sonru does not claim any rights in respect of any original interview content posted by interviewers or interviewees, you agree to provide Sonru with a limited, royalty-free, non-exclusive, transferable, worldwide, perpetual licence to use, distribute and display all content posted by you while using the Services provided that such licence is restricted to the sole purpose of enabling Sonru and its contractors to perform the Services.

All original materials incorporated in or accessible through the Site (other than those posted by interviewers or interviewees), including, without limitation, text, photographs, images, graphics, illustrations, logos, button icons, audio clips, video clips, software and other content, and the compilation, collection, arrangement, and assembly thereof (including the look and feel of the Site), are protected by Irish and international copyright laws, and are owned, controlled or licensed by Sonru. Such materials may be used only for viewing the Site in the ordinary course or as a resource for availing of the Services or purchasing the products or Services offered through the Site. Any other use of such materials, including any copying, reproduction, modification, sale, distribution, extraction, re-utilisation, transmission, republication, downloading, display, posting, performance or other exploitation thereof by any means or medium without the prior written permission of the copyright owner is strictly prohibited. For the avoidance of doubt, screenscraping or other techniques of by-passing direct individual access to the Site are expressly prohibited.

Closing Your Account

Sonru reserves the right at any time to modify or discontinue, temporarily or permanently, your access to the Services with or without notice. In such circumstances, Sonru’s sole liability to you shall be to refund any unused service credits which have been purchased by you (excluding any free credits). The Services are not intended to act as an indefinite video or information repository and the closure of Your Account will result in the forfeiture and relinquishment of all content in Your Account. Accordingly, you are responsible for making your own arrangements in relation to the backing up of your data unless otherwise agreed in advance with Sonru that we will provide back up services for your data in exchange for a fee.

To close Your Account, you can send an email request to cancel Your Account at any time by contacting us at .(JavaScript must be enabled to view this email address). All of the content in Your Account will be immediately deleted from the Services upon confirmation by Sonru of your Account closure. This information can not be recovered once Your Account is cancelled. If you wish to request access to your data after Your Account has been closed, Sonru will raise a charge for such service based on its then applicable rates and depending on the quantity and availability of data involved. If you close Your Account before a closing date of an interview, interviewees that have yet to respond will not have access to your interview as your cancellation will take effect immediately.

Interviewer Indemnity

Interviewers shall defend, hold harmless and indemnify Sonru against all loss, damage, claims, liabilities, fees, costs, and expenses (including legal fees) arising out of any action taken against Sonru by an interviewee or a third party based any claim relating to any interview or their use of the Services, including any acts or omissions of the interviewer, the candidate selection process, any employment, equality or other laws governing interviews and the selection or non-selection of employees and/or contractors pursuant to an interview.

Disclaimers of Warranties

THESE SERVICES ARE PROVIDED BY SONRU ON AN “AS IS” BASIS. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, SONRU DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, COMPATABILITY, SECURITY, ACCURACY OR INFRINGEMENT.

NEITHER SONRU, ANY OF OUR AFFILIATES, NOR ANY OF OUR OR THEIR RESPECTIVE LICENSORS, LICENSEES, SERVICE PROVIDERS OR SUPPLIERS WARRANT THAT THE SITE OR ANY FUNCTION CONTAINED IN THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVICES ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.

SONRU DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE SERVICES.

ALTHOUGH THIS SITE IS ACCESSIBLE WORLDWIDE, NOT ALL PRODUCTS OR SERVICES DISCUSSED OR REFERENCED HEREIN ARE AVAILABLE TO ALL PERSONS OR IN ALL GEOGRAPHIC LOCATIONS. SONRU RESERVES THE RIGHT TO LIMIT, IN ITS SOLE DISCRETION, THE PROVISION AND QUANTITY OF ANY PRODUCT OR SERVICE TO ANY PERSON OR GEOGRAPHIC AREA IT SO DESIRES. ANY OFFER FOR ANY PRODUCT OR SERVICE MADE IN OR THROUGH THIS SITE IS VOID WHERE PROHIBITED.

NO ADVICE OR INFORMATION, OBTAINED BY YOU FROM OUR PERSONNEL OR THROUGH THIS WEBSITE SHALL CREATE ANY WARRANTY NOT EXPRESSLY PROVIDED FOR IN THESE TERMS.

THESE DISCLAIMERS APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.

 

LIMITATION OF LIABILITY

YOU EXPRESSLY UNDERSTAND AND AGREE THAT (TO THE FULLEST EXTENT PERMITTED BY LAW) SONRU AND OUR AFFILIATES SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR PUNITIVE DAMAGES, OR ANY OTHER DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), ARISING OUT OF, OR RESULTING FROM;

• THE USE OR THE INABILITY TO USE THE SERVICES;
• THE USE OF ANY CONTENT OR OTHER MATERIAL ON THE SITE OR ANY WEBSITE OR WEBSITES LINKED TO THE SITE;
• UNAUTHORISED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA;
• STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON OUR WEBSITE.

IN NO EVENT SHALL OUR TOTAL LIABILITY TO YOU FOR ALL DAMAGES, LOSSES, AND CAUSES OF ACTION (WHETHER IN CONTRACT, TORT (INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE) EXCEED THE AMOUNT PAID BY YOU TO US, IF ANY, FOR THE SERVICES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE SERVICES, OR WITH ANY OF THESE TERMS, YOUR SOLE AND EXCLUSIVE REMEDY IS THE DISCONTINUATION OF YOUR USE OF THE SERVICES.

Links

The Site contains links to third party websites. These links are provided solely as a convenience to you and not as an endorsement by Sonru of the content on such third party websites. Sonru is not responsible for the content of linked third party sites and does not make any representations regarding the content or accuracy of materials on such third party websites. If you decide to access linked third-party websites, you do so at your own risk and in accordance with the prevailing terms and conditions of such third party sites.

Sonru generally welcomes the hyper-linking to the Site from other appropriate websites provided such links are to the Site’s homepage (and no deeper within the Site) and provided we give our consent to the establishment of such links. Notwithstanding the foregoing, we reserve the absolute right to refuse to consent to such links without giving reasons. Any links to the Site from another website must be presented in such a manner that the viewing of the Site is not impaired by framing or similar techniques that may impair the visitor’s user experience.

Governing Law and Jurisdiction

The Site has been created and is controlled by Sonru in Ireland. These Terms will be governed by, and construed and enforced in accordance with, the laws of the Ireland. You hereby unconditionally and irrevocably submit to the exclusive jurisdiction of the Irish courts.

Entire Agreement

These Terms (including the Privacy Policy) constitute the entire agreement between Sonru Limited and you with respect to your access to and use of the Services. If any provision of these Terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions.