Terms and Conditions for Businesses

1. Introduction

• Welcome to Hex: These Terms and Conditions (“Terms”) govern your business's subscription to and use of Hex, a platform designed to connect e-commerce companies with potential job candidates (“Candidates”). By subscribing, you agree to these Terms and acknowledge Hex’s limited role in the hiring process. In addition, your acceptance of Candidate details, your interviewing of a Candidate and/or hiring of a Candidate shall also constitute your acceptance of these Terms.

2. Service Description

• Hex provides a curated pool of Candidates based on your hiring criteria. While Hex may assist in matching Candidates, all decisions regarding Candidate selection, verification, and employment rest solely with your business.

3. Subscription and Fees

• Paid Subscription: Businesses pay a subscription fee (“Fee”) for access to Hex’s Candidate pool. Subscription terms, Fees, and renewal policies are detailed at the time of purchase. All Fees are payable in advance and non-refundable, except as expressly stated. For clarity, the Fee is payable for access to Candidates and is not dependent or conditional upon a successful hire. Fees which are not payable in a timely manner may lead to suspension and/or termination of access to the Hex platform. Overdue Fees shall bear interest at a rate of 24% per annum.

4. Candidate Information and Verification

• Self-Verification Requirement: Hex does not guarantee the accuracy, completeness, or truthfulness of any Candidate’s information. You are responsible for conducting independent verification, reference checks, and assessing each Candidate’s suitability for the role.
• No Employment Relationship with Hex: Candidates on the platform are not employees, contractors, or agents of Hex, and Hex bears no responsibility for any employment or contractual obligations associated with Candidate engagements.
• Compliance with Applicable Law: You agree to conduct your hiring practices, and to interact with Candidates, in a manner which complies with all applicable laws, including but not limited to human rights codes and privacy legislation. You confirm that you will consider all qualified Candidates, without regard to race, color, citizenship, religion, sex, marital/family status, sexual orientation, gender identity, indigenous status, age, disability, requirement for accommodation or any other basis protected by federal or provincial law.

5. Limited Liability and Disclaimer

• Platform Limitation: Hex provides access to Candidate profiles "as-is" without warranties, either express or implied, about the suitability, availability, or reliability of any Candidate. Under no circumstances shall Hex shall be liable to you or any person affiliated with you for any indirect, exemplary, special, punitive or consequential loss or damages (including but not limited to loss of profit, loss of opportunity and loss of goodwill) whether arising out of breach of contract, tort or otherwise, regardless of whether such damages were foreseeable and regardless of whether either party was advised of the possibility of such damages. The liability of Hex under these Terms shall be strictly limited to direct losses arising from the gross negligence or wilful misconduct of Hex, and in all instances shall be capped at the amount of Fees paid by you to Hex pursuant to these Terms within the prior year.
• Indemnification: Businesses agree to indemnify, defend, and hold Hex harmless from any claims, liabilities, losses, or expenses arising out of or related to any breach of you of these Terms, any disputes with Candidates, including, but not limited to, misrepresentation, false information, or any employment-related claims.
• Non-Guarantee of Outcomes: Hex does not guarantee employment success, specific Candidate matches, or business performance outcomes from Candidates hired through the platform.

6. Responsibilities and Acknowledgments

• Business’s Hiring Responsibility: You acknowledge that all hiring decisions, including final selection, offer terms, and employment confirmation, are your sole responsibility. Hex disclaims liability for any misrepresentation or actions taken by Candidates during or after hiring.
• CRA and Employment Acknowledgments: Businesses must not make any statements suggesting Hex is an employer or endorses any employment relationships. Hex is neither responsible for nor liable to the CRA or any other regulatory body concerning Candidates' employment status.

7. Confidentiality and Data Usage

• Data Usage Restrictions: Businesses agree to use Candidate information solely for hiring-related purposes. Sharing Candidate information outside of hiring purposes, or with third parties, is prohibited without Hex’s written consent.
• Compliance with Data Privacy Laws: Businesses must comply with applicable data protection and privacy regulations when collecting, using, storing, disclosing and destroying Candidate information obtained through Hex.

8. Termination and Platform Integrity

• Right to Suspend Access: Hex reserves the right to suspend or terminate your account and platform access if you violate these terms, misuse Candidate information, or act in a way that undermines Hex’s integrity or security.
• Account Management: Businesses are responsible for managing their account, keeping login credentials secure, and immediately notifying Hex of any unauthorized access or suspicious activity.

9. Promotion

• Promotion: You agree to permit Hex to use your name and refer to you as a Hex subscriber in its promotional materials.

10. General Provisions

• Modification of Terms: Hex may update these terms periodically to reflect changes in services or legal requirements. Continued use of the platform signifies acceptance of any modifications.
• Acknowledgement: By subscribing, you acknowledge and agree that Hex serves only as a Candidate discovery platform and does not assume any employer responsibilities or guarantee Candidate performance or qualifications.
• Governing Law. These Terms shall be governed by the laws of the Province of Ontario and you hereby submit to the exclusive jurisdiction of the courts of the Province of Ontario.
• Relationship of Parties. Neither these Terms nor your use of the Hex platform shall create any agency, joint venture, partnership or other form of joint enterprise, employment or fiduciary relationship between you and Hex. Neither party has any express or implied right or authority to bind the other party to any contract, agreement or undertaking with any third party.
• Entire Agreement. These Terms, along with subscription terms agreed upon at the time of subscription, constitute the entire agreement between the parties and replaces any previous agreement or arrangement. In the event of a conflict between these Terms and any subscription terms agreed upon in writing at the time of subscription, the subscription terms shall prevail.
• Severability. If any provision of these Terms are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms, which shall remain in full force and effect. 
• Language. You agree that these Terms and other communications delivered with respect to these Terms be expressed in the English language. Les parties conviennent que les présentes Modalités ainsi que toutes les communications s’y rattachant soient rédigées dans la langue anglaise.