​In addition to our User Agreement and Privacy Policy, these Jobs Terms and Conditions ("Jobs Agreement") apply to the access and use of Wader jobs posting platform and related products and services (“Jobs Services”).

 

This Agreement is legally binding between you (“User”, “you” or “your”) and Wader Aviation Corp. (“Wader”, “we”, “us” or “our”). If you are entering into this agreement on behalf of a business or other legal entity, you represent that you have the authority to bind such entity to this agreement, in which case the terms “User”, “you” or “your” shall refer to such entity. If you do not have such authority, or if you do not agree with the terms of this agreement, you must not accept this agreement and may not access and use the Job Services. By accessing and using the Job Services, you acknowledge that you have read, understood, and agree to be bound by the terms of this Jobs Agreement. You acknowledge that this Jobs Agreement is a contract between you and Wader Aviation Corp., even though it is electronic and is not physically signed by you, and it governs your use of the Jobs Services.

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Additional terms may apply to specific features of the Jobs Services, and such terms will be presented when you engage with such features. To the extent of any conflict between different agreements that you have with Wader, these Jobs Agreement and any feature-specific terms govern with respect to the use of the Jobs Services.

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Scope of Job Services

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The Jobs Services are designed to help you reach and verify quality candidates for pilot job opportunities. You are responsible for (i) all postings and content therefor submitted by or on your behalf to us, including but not limited to the job descriptions, creatives, trademarks, images, URLs and pixels that comprise the postings or content therefor (collectively, your "Postings"); and (ii) all content and property to which Postings may direct viewers, as well as redirects ("Destinations").

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The Jobs Services offers the option to “feature” a Posting (“Featured Jobs”), which, for an additional fee, will secure upgraded placement of the Posting on certain Wader Jobs web pages, app and newsletters. Featured Jobs also include push notifications for users of the Wader app.

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The frequency of the newsletter and featured push notifications are defined by us, based on anti-spam best practices.

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The Jobs Services also offers, for an additional fee, the option to advertise a specific Posting or your Recruitment page through a fixed banner, securing premium placement on certain Wader Jobs web pages, the Wader app, and newsletters, with customized art provided by you or on your behalf.

 

For all other Postings ("Basic Jobs"), we will otherwise determine the size, placement and positioning.

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Each Posting must be for one (1) job opportunity; it is not permitted for a Posting to solicit applications for more than one position.

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Without limiting the prohibitions in the User Agreement or any other applicable agreement, you agree that you will not, and you will not enable or authorize any third party, by virtue of the Postings, Destinations, or use of the Jobs Services, to:

 

• Create Postings without a reasonable and legitimate intent to hire for a bona fide job opportunity or the specific position listed.

• Create Postings that intentionally misrepresent the job, hiring company, or poster.

• Fail to clearly disclose in any Posting that a position is for an independent contractor or is part-time, piecework, commission-based, or has otherwise nontraditional working conditions or compensation may constitute intentional misrepresentation.

• Create Postings for “business opportunities” that require payments or recruitment of others or that resemble franchises, multi-level marketing, club memberships, distributorships, or are entirely or almost entirely commission-based.

• Provide identifiable candidate resume or application data to any other parties.

• “Spam” or otherwise contact applicants for purposes other than related to the specific employment opportunity described in the posting.

• Harass, stalk, or contact any applicant after they have asked not to be contacted.

• Create Postings in the United States without possessing valid Federal or State Employer Identification Numbers, if applicable, or create Postings in any other location in a manner that would not allow compliance with applicable tax and employment laws.

• Create Postings for jobs that require applicants to pay for employment or otherwise bear costs related to employment in violation of applicable law.

• Soliciting employees by intentional misrepresentation.

• Create Postings, advertise employment positions, or otherwise engage in recruitment or hiring practices that would be a violation of the law in your state or country, the state or country where the job is to be performed, or the state of California.

• Engage in solicitations, communications or transactions that violate any applicable laws or regulations related to the prohibition of employment discrimination, or that violate applicable laws governing legal eligibility to work.

• Engage in illegal or fraudulent conduct.

• Except as expressly authorized by us in writing, use any automated means or form of scraping or data extraction to access, modify, download, query or otherwise collect information from Wader platforms.

• Except as expressly authorized by us in writing, copy, modify or create derivative works of the Jobs Services or any related technology.

• Create Postings that contain malware, spyware or any other malicious code or otherwise interfere with the operation of the Jobs Services or any device or system or breach or circumvent any security measure of Wader or a third party.

 

We may, in our sole discretion, modify, or terminate any part or all of the Jobs Services or suspend your ability to use the Jobs Services. We may reject or remove any Posting at any time for any reason, regardless of whether or not such Posting was previously accepted or served.​

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Payment Terms

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You may be offered more than one billing option when you purchase Jobs Services. You agree to pay on the basis and at the rate selected when a Posting, order, or other purchase of Jobs Services was submitted through Wader platforms ("Rate"). You also agree to pay all applicable taxes, government charges and foreign exchange fees. We will periodically charge your payment method at the applicable Rate. All amounts paid are non-refundable. You remain responsible for any uncollected amounts. We may charge interest for any overdue amounts at the rate of the lesser of 1% per month or the lawful maximum, and you agree to reimburse us for all collection costs for overdue amounts.

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Unless you change or remove your payment method, we may store and update (e.g., upon expiration) your payment method for use with subsequent campaigns, orders and purchases submitted through your account.

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Intellectual property rights

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You grant us a non-exclusive, worldwide, royalty-free, sublicensable and transferable license to use, copy, modify, distribute and publish your Postings in connection with the performance of the Jobs Services (including for marketing and promotional purposes). You represent and warrant that you own or have all necessary rights (including intellectual property rights) to your Postings (including to grant the license above).

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Privacy Terms

 

Each party will comply with applicable laws, self-regulatory rules, industry rules and governmental requirements (collectively, "Applicable Law") relating to its performance of these terms, including privacy and security laws (e.g., the EU Data Protection Directive 95/46/EC and EU Directive 2002/58/EC, each as amended and implemented in various EU countries). 

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You agree to use reasonable measures to protect the confidentiality of Wader users data provided through the Jobs Services ("Jobs Services Data") and to use appropriate security safeguards to protect Jobs Services Data in accordance with industry standards. You may share Jobs Services Data only with someone acting on your behalf, provided that you are responsible for ensuring their respective compliance with the Agreement and for limiting their respective use of the Jobs Services Data on your behalf. Without limiting the foregoing, you shall not (i) sell the Jobs Services Data; (ii) combine the Jobs Services Data with any data obtained by or on behalf of another employer; or (iii) except for use solely on your own behalf in a manner that does not identify the Jobs Services Data as associated with Wader, transfer any Jobs Services Data (including anonymous, aggregate, or derived data) to any job search service, job postings board, data broker or other monetization related service.

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Disclaimer of warranty​

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To the extent allowed under law, in addition to disclaiming all implied warranties and other warranties as provided in the User Agreement, Wader and its affiliates (as defined in the User Agreement) disclaim all warranties regarding the Jobs Services, including but not limited to any warranty (a) about the accuracy of any candidate information (including but not limited to candidate applications, candidate identities, recommendations, connections, and references); (b) concerning the results of your candidate campaigns and other uses of the Jobs Services; or (c) that the Jobs Services will be uninterrupted or error-free.

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Indemnity

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Notwithstanding any review or approval of any Posting by us, you agree to indemnify Wader and its affiliates (as defined in the User Agreement), and hold Wader and its affiliates harmless from any damages, losses and costs (including, but not limited to, reasonable attorneys' fees) related to third party claims or proceedings, arising out of or related to your Postings, Destinations, use of the Jobs Services, any candidate hiring or employment decisions, and breach of this Jobs Agreement.

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Limitation of liability

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To the fullest extent permitted by law, neither party, including its respective affiliates, will be liable to the other in connection with these Jobs Terms and Conditions for lost profits or lost business opportunities, loss of data, or any indirect, incidental, consequential, special or punitive damages.

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Neither party, including its respective affiliates, will be liable to the other in connection with this Jobs Agreement for an amount that exceeds the greater of (a) 5 times the total fees paid or payable to Wader during the 1-month period before the event giving rise to the liability or (b) USD $100.00.

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These limitations of liability do not apply to a party's (i) payment; confidentiality or indemnification obligations; (ii) liability for fraud, gross negligence or intentional misconduct; (iii) liability for death or personal injury; or (iv) violation of the other party's intellectual property rights.

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Severability

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All rights and restrictions contained in this Agreement may be exercised and shall be applicable and binding only to the extent that they do not violate any applicable laws and are intended to be limited to the extent necessary so that they will not render this Agreement illegal, invalid or unenforceable. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

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Changes and amendments

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We reserve the right to modify this Jobs Agreement or its terms related to the Services at any time at our discretion. When we do, we will revise the updated date at the bottom of this page, post a notification within the Job Services, send you a notification via email. We may also provide notice to you in other ways at our discretion, such as through the contact information you have provided.

An updated version of this Agreement will be effective immediately upon the posting of the revised Jobs Agreement unless otherwise specified. Your continued use of the Jobs Services after the effective date of the revised Jobs Agreement (or such other act specified at that time) will constitute your consent to those changes.

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Acceptance of these terms

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You acknowledge that you have read this Jobs Agreement and agree to all its terms and conditions. By accessing and using the Jobs Services you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Jobs Agreement, you are not authorized to access or use the Jobs Services.

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Contacting us

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For any questions regarding this Jobs Agreement, please contact us at: 

hello@waderaviation.com

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This document was last updated on September 11, 2024