These API Service Terms of Use (hereinafter referred to as the “Terms”) govern the procedure for interaction between HEADHUNTER Limited Liability Partnership (HEADHUNTER.KZ), BIN 080140008637 (hereinafter referred to as “HeadHunter”), and the Application Developer (any Internet user who meets the requirements of these Terms and has accepted them), using the API service of the hh.kz website (hereinafter referred to as the “Website”) for the operation of its Application.
Use of the Service constitutes the Application Developer’s consent to the Terms set forth below.
1.1. In order to commence use of the Service, the Application Developer, using its account information on the Website, must complete the registration procedure on the Website at https://dev.hh.kz for a computer program that will subsequently interact with the Service at the software level (use the API) (hereinafter referred to as the “Application”) and obtain a unique API key.
1.2. If, at the time of registering the Application on the Website (clause 1.1), the Application Developer does not have its own account information on the Website, it must also obtain such account information at the following addresses: https://hh.kz/auth/applicant (for job seekers) or https://hh.kz/auth/employer (for employers, recruitment agencies, and private recruiters).
1.3. If there are grounds specified in clauses 1.6., 2.3. and Sections 3, 4 of these Terms, HeadHunter shall have the right to refuse any Application Developer registration of any of its Applications on the Website, issuance of an API key, and, accordingly, further use of the Service, without any compensation or reimbursement in connection therewith.
1.4. If the Application, in whole or in any part, is intended for individuals using the Application for the purposes of job search and employment, the Application Developer shall include in the registration form for new users of its Application that will use the Service a checkbox or field containing text informing the end user of the Application that, by registering, such user thereby confirms that he/she has read, fully agrees with, and accepts the terms of the “Agreement on the Provision of Employment Assistance Services (Offer)”. At the same time, end users of such an Application must be provided with the technical ability to review, on the screen of the relevant device on which such Application is installed, the text of the “Agreement on the Provision of Employment Assistance Services (Offer)” itself. Its text must be displayed when following a link with the caption (text) reading as follows: “Agreement on the Provision of Employment Assistance Services (Offer)”. The address of the above-mentioned link to the text of the “Agreement on the Provision of Employment Assistance Services (Offer)” is https://hh.kz/oferta.
1.5. End users of the Application may be legal entities and individuals who are employers or organizations providing personnel search and recruitment services and/or job search and employment services (recruitment agencies), as well as job seekers. If the end users of the Application are organizations and individuals who are employers or recruitment agencies, such persons shall have the right to use the Service solely for the purposes of attracting potential employees and their subsequent employment directly by such legal entities (by such individuals) or by clients of such recruitment agencies.
1.6. If HeadHunter has grounds to believe that the Service may potentially be used by the Application Developer or an end user of the Application not only for the purposes of attracting potential employees and their subsequent employment (for example, assessment of the solvency and credit rating of a job seeker, marketing surveys regarding job seekers’ consumer preferences, promotion of advertising and advertising mailings without the recipients’ consent, and other cases of data use not related to attracting potential employees and employment of job seekers), HeadHunter shall have the right at any time (including at the stage of Application registration) to refuse the Application Developer use of the Service without any compensation or reimbursement in connection therewith. Determination of the actual capabilities of the Application and its actual intended use, which allow it to be used by the Application Developer or end users of the Application not only for the purposes of attracting potential employees and their subsequent employment, shall be carried out by HeadHunter both at the time of reviewing the relevant Application registration request submitted by the Developer and subsequently after registration of such Application and receipt of the unique API key. Such determination of the actual capabilities of the Application and its actual intended use shall be carried out both on the basis of information provided by the Application Developer itself and on the basis of public information available on the Internet, as well as other sources of information about such Application and the experience of its use by end users, and also as a result of independent testing of such Application by HeadHunter.
1.6.1 Examples of use of the Service by the Application Developer or an end user of the Application for the purposes of attracting potential employees and their subsequent employment may include the following functional capabilities of the Application or its intended use by end users: publication of vacancies, inviting a job seeker to an advertised vacancy, searching the database of job seekers’ CVs for subsequent contact for the purpose of employing the job seeker for an advertised vacancy, and similar actions aimed at attracting potential employees and employing job seekers.
1.7. If there are grounds specified in clauses 1.6., 2.3. and Sections 3, 4 of these Terms, HeadHunter shall notify the Application Developer by email of the refusal to register any of its Applications on the Website, issue an API key and, accordingly, allow further use of the Service, indicating the specific clauses of violations and clarifying the procedure for appealing such decision.
1.8. In the event of refusal to register any Application on the Website, issue an API key and, accordingly, allow further use of the Service, the Application Developer may appeal such decision by submitting the relevant repeated electronic application for registration of the Application on the special page https://dev.hh.kz/admin, attaching justifications and/or evidence that such decision is erroneous. Applications shall be reviewed on an individual basis, but the overall response period may not exceed 15 calendar days.
2.1. The Service is provided “as is” without any warranties on the part of HeadHunter.
2.2. HeadHunter does not warrant that the software of the Service, the Website, the servers, and the computer networks used by the server and the Website are free from errors and computer viruses. If the use of the Service results in loss of data or damage to equipment, HeadHunter shall not be liable therefor.
2.3. In the event of violation by the Application Developer (including the Application Developer’s obligations with respect to the Application itself), of the requirements of clauses 1.4., 1.5., 1.6., Sections 3, 4 of these Terms, HeadHunter shall have the right, at any time, by sending to the Application Developer by email a notice containing references to the specific violations committed and the violated provisions of clauses 1.4., 1.5., 1.6., Sections 3, 4 of these Terms, as well as a hyperlink to these Terms, to suspend the Application Developer’s ability to use the entire Service or certain functions thereof, and the validity of the unique API key provided upon registration of the relevant Application. After such suspension, the Application Developer shall be granted a period of 15 calendar days from the date of such suspension to remedy the identified violations. If such violations are remedied within the specified period, the Application Developer shall inform HeadHunter thereof in the manner set forth below, and the operation of the Application or certain functions thereof, and the validity of the unique API key, shall be restored after HeadHunter verifies the correctness of the corrections made by the Application Developer (provided that the verification period may not exceed 15 calendar days).
If the Developer fails to remedy the violations within the period specified above, or if the information provided by the Application Developer regarding the remedying of the violations is not confirmed during HeadHunter’s verification, the Application Developer’s ability to use the entire Service or certain functions thereof, and the validity of the unique API key provided upon registration of the relevant Application, shall be terminated.
The Application Developer may appeal both the decision to suspend and the decision to terminate the Application Developer’s use of the entire Service or certain functions thereof, and the validity of the unique API key provided upon registration of the relevant Application, by submitting the relevant electronic application on the special page https://dev.hh.kz/admin, attaching justifications and/or evidence that such decision is erroneous. Applications shall be reviewed on an individual basis, but the overall response period may not exceed 15 calendar days.
2.4. HeadHunter shall have the right, at any time, at its sole discretion and without prior notice to the Application Developer, to make changes to the Service (including its functional capabilities, technical terms and requirements of use, interface, etc.).
2.5. HeadHunter shall have the right, at any time and at its sole discretion, to introduce a fee for obtaining separate functionality of the Service.
2.6. The possibility of obtaining separate functionality of the Service may be restricted by HeadHunter. The rules and procedure for obtaining the possibility to use such separate API functionality shall be determined by HeadHunter. HeadHunter shall have the right to refuse any Application Developer and/or any Application for the use of separate API functionality, access to which (or the possibility of using which) is restricted by HeadHunter. If restrictions are introduced on the possibility of obtaining separate functionality of the Service, HeadHunter shall notify the Application Developer at its email address of such restriction and the reasons for which such restriction was introduced. If the restriction on obtaining separate functionality is not related to the termination of its support by HeadHunter for all application developers, the Application Developer may appeal such decision by submitting the relevant electronic application on the special page https://dev.hh.kz/admin, attaching justifications and/or evidence that such decision is erroneous. Applications shall be reviewed on an individual basis, but the overall response period may not exceed 15 calendar days.
2.7. HeadHunter shall have the right to independently determine the technical requirements for the Application Developer’s ability to use the Service.
2.8. Notices, messages, and other information sent by HeadHunter to the Application Developer pursuant to these Terms shall be sent by HeadHunter to the email address of the user who registered the Application. The Application Developer shall be responsible for keeping the information regarding the email address of the user who registered the Application up to date.
3.1. The Application Developer shall be responsible for the use, safekeeping, and confidentiality of the unique API key received by it.
3.2. The Application Developer shall not use the Service in any manner that violates the rights and legitimate interests of HeadHunter and third parties, the laws of the Republic of Kazakhstan on personal data, any other laws of the Republic of Kazakhstan and other countries, or the requirements of these Terms.
3.3. Use of any materials obtained from the Website through the Service shall be prohibited for any purposes other than those corresponding to the subject matter of the Website (job search, employee search, and obtaining information about the labor market).
3.4. The Application Developer shall not use the trademarks or corporate name of HeadHunter in the Application(s).
3.5. The Application Developer shall be prohibited from disguising the Application(s) as any applications of HeadHunter itself or otherwise misleading the end users of the Application as to the developer or owner (right holder) of the Application.
3.6. The Application Developer shall be prohibited from collecting, storing, or otherwise processing the account information (logins and passwords) of Website users, including by means of the Service or the Application.
3.7. The Application Developer shall not, through the API functionality, provide access to CVs from the Website database to end users of the Website who, at the relevant time, do not receive from HeadHunter, under the terms of the relevant agreement concluded with HeadHunter, the service of access to the Website CV database in the relevant scope.
3.8. The Application Developer shall have the right to use the Application for its own personal needs, provided that such use does not violate or contradict these Terms or the applicable laws of the Republic of Kazakhstan.
3.9. In the event of disagreement with the refusal to register its Application and provide it with a unique API key, the Application Developer shall have the right to apply again for registration of such Application by eliminating the reasons that, pursuant to these Terms, served as the grounds for refusal to register its Application and provide it with a unique API key.
3.10. The Application Developer shall be prohibited from disseminating inaccurate information about the Application or misleading others regarding the functional capabilities of the Application, for example, by promising anything that violates the terms of service of the website https://hh.kz.
3.11. The Application Developer shall be prohibited from making changes to materials obtained from the Website through the Service. The Application Developer shall be obliged to monitor the relevance of the above-mentioned materials, including the timely deletion of vacancies that have been moved to the archive.
4.1. The Application may not contain functions that allow users of the Application to violate the Terms of Use of the website https://hh.kz, publicly available at https://hh.kz/terms.
4.2. The Application may not be presented as an official product, service, or application of “HEADHUNTER” LLP.
4.3. The Application shall not make it possible to download (obtain, extract) data for the purpose of forming another database for the provision of data from such created database (access to such database) to other persons.
4.4. The Application shall not contain third-party libraries or code fragments that are not directly related to its operation, including those that exploit the computing resources of the user’s device without the user’s knowledge.
4.5. It shall be prohibited to store and use data obtained through the Application for purposes other than the subject matter of the website https://hh.kz, namely, contact between a potential employer and a potential job seeker for subsequent employment.
4.6. It shall be prohibited to transfer data obtained through the Service from databases and websites owned by HeadHunter and used for the operation of the Service to third-party services for use. The only users of data obtained through the Application may be registered users of the website https://hh.kz for whom the receipt of such data was initiated. This provision shall not apply to the transfer (use) of other data; in particular, the terms of this clause shall not prevent the Application from participating in public rankings with the transfer, for such purpose, of data on the number of downloads of the Application by end users, frequency of use, or number of end users of the Application, and other rankings indicating the popularity of the Application among end users.
4.7. It shall be prohibited to use user data for advertising purposes (without the consent of the recipients, for example, in the form of spam mailings) or for purposes of political or other campaigning.
4.8. It shall be prohibited to violate the rights and interests of third parties when creating and using the Application. If the Application uses any third-party trade names, trademarks, copyrights, characters, or any other content in respect of which exclusive rights belong to third-party right holders, such use must be agreed upon with the relevant right holders in such a way that, upon request from HeadHunter, the Application Developer may at any time provide permission from the relevant right holders to use such materials.
4.9. The Application shall not trigger any active actions in the API without the knowledge and consent of the users being authorized.
4.10. These Terms do not prohibit the placement of advertising units (display of advertising) within the Application itself for the purpose of displaying them to end users, provided that the requirements of the laws of the Republic of Kazakhstan on advertising are complied with.
5.1. HeadHunter shall have the right, at any time, at its sole discretion and without agreement with the Application Developer, to amend these Terms. In such case, amendments and additions shall enter into force from the moment they are published on the Website.
5.2. Use of the Service by the Application Developer (as well as the exercise by the Application Developer of the rights and obligations established by these Terms), after any amendments are made to these Terms, shall constitute the Application Developer’s consent to such amendments and/or additions.
5.3. If the Application Developer does not agree to use the Service after amendments have been made to these Terms and/or, accordingly, to comply with these Terms as amended, the Application Developer undertakes to cease using the Service.
5.4. These Terms, as well as the relations between the Application Developer and HeadHunter, including those not regulated by these Terms, shall be governed pursuant to the current laws of the Republic of Kazakhstan.
5.5. All disputes and disagreements between the Application Developer and HeadHunter shall be resolved through negotiations.
5.6. If disputes between the Application Developer and HeadHunter cannot be resolved through negotiations, they shall be resolved in court at the location of HeadHunter pursuant to the procedure established by the laws of the Republic of Kazakhstan.