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Terms of Use Agreement
Introduction
Welcome to Job Minister! Our website connects professionals looking for jobs, career development opportunities and informational events with potential employers, career development offices and education providers.
These terms of use explain how you may use this website (the “Site”). References in these terms to the Site includes the website located at https://www.jobminister.ca and all associated web pages. You should read these terms or use and conditions carefully before using the Site. By accessing or using this Site or otherwise indicating your consent, you agree to be bound by these terms of use and conditions and the documents referred to in them. If you do not agree with or accept any of these terms, you should cease using the Site immediately. If you have any questions about this website, please contact info@jobminister.ca
Definitions:
"Content" means any text, images, video, audio or other multimedia content, software or other information or material submitted to, subsisting on or accessible from the Site.
"We", "us" or "our" means Job Minister Inc., which operates the Site and whose registered office is at 2238 Dundas St. West, P.O. Box 59074, Toronto, ON, M6R 3B5, Canada.
"You" or "your" means the person accessing or using the Site or its Content.
Privacy Policy and our Posting Policy: these terms include our Privacy Policy which shall be subject to these terms in the event of any conflict or inconsistency. These terms may also be supplemented or replaced by additional terms (“Additional Terms”) relating to specific Content, or goods or services made available or supplied by us using the Site. Additional Terms will be made available on relevant pages of the Site and will be accessible by you for your acceptance before you place an order, as the case may be. Additional Terms shall prevail to the extent there is any conflict or inconsistency with any other of these terms.
Once you register as a user on this Site or through a third party API, you then become able to use our services, namely creating a user profile, submitting applications for positions, managing your job search contacts, reviewing job descriptions, and posting positions (the "Services"). Our various Services may change from time to time and are more fully detailed on our website.
This Site is intended for and directed to residents of Canada over the age of 18 years. By using this site, you confirm that you are over the age of 18 years or that you possess the requisite parental or guardian consent to these terms of use and that you are fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these terms of use and to abide by and comply with these terms of use.
Accessibility: we seek to make this Site as accessible as possible. If you have any problems accessing this Site or the content contained on it, please contact us at info@jobminister.ca
Restrictions on use
The Site is for your personal use only. As a condition of your use of the Site, you agree:
not to use the Site for any purpose that is unlawful under applicable law, or prohibited by these terms and conditions;
not to defame or disparage anybody or make comments of an obscene, derogatory or offensive manner or otherwise use the Site or its Content in a way that brings us or any third party into disrepute or causes us to be liable to any third party;
not to reverse engineer, decompile, copy, modify, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or its Content except as permitted by us under these terms or as expressly provided under applicable law and/or under any Additional Terms;
not to use the Site to distribute viruses or malware or other similar harmful software code;
not to represent or suggest that we endorse any other business, product or service unless we have separately agreed to do so in writing;
that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site and shall be solely responsible for keeping your password and other account details confidential;
that you will not use the Site to violate any third party’s rights;
that you will not use the Site if you are unable to form legally binding contracts, are under the age of 18, or are temporarily or indefinitely suspended from the Site;
that you will not upload, post, email, transmit, or otherwise make available any Content that: (i) is false, inaccurate, misleading, defamatory, libellous, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, invasive of another’s privacy, hateful, racially, ethnically or otherwise objectionable or generally unlawful; (ii) that you do not have a right to make available under any law or under contractual or fiduciary relationships; (iii) infringes any patent, trade-mark, trade secret, copyright or other proprietary rights of any party; (iv) would constitute unsolicited or unauthorized advertising, promotional materials, “junk mail”, “spam”, “chain letters”, “pyramid schemes” or any other form of illegal solicitation;
impersonate any person or entity, including, but not limited to, a Job Minister Inc. representative or falsely state or otherwise misrepresent your affiliation with a person or entity;
transfer your account to another party without our prior consent;
distribute viruses or any other technologies that may harm us or our affiliates, our Site or our affiliates’ websites or the interests or property of our users or our affiliates’ users;
copy, modify, or distribute content from the Site and our copyrights and trade-marks;
harvest or otherwise collect, use or disclose personal information about users, including email addresses, without their prior consent or not in compliance with applicable data protection and privacy laws.
that you will not take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure or the infrastructure of our affiliates;
that in the event you are applying to claim and manage an institutional profile, that you are duly authorized by such institution to do so and that you will provide written confirmation from the institution to the Site of such consent and authorization, your affiliation with the institution as well as any further confirmation or verification requested by the Site;
that you will not copy, reproduce, modify, create derivative works from, distribute, or publicly display any content (except for your information) from our Site (or our affiliates’ websites) without our prior written permission and the permission of the appropriate third party, as applicable;
that you are not a for-profit employment agency or recruiting or placement or staffing firm, and that you will not use the Site to collect data from users as an employment agency or recruiting or placement or staffing firm and that you will not use the Site to generate referral fees or any form of compensation as an employment agency or recruiting or placement or staffing firm;
that you agree to abide by all of the policies outlined in our Partnership Program if you are an organization participating in such program;
that we may use and share job descriptions posted by you or your organization to the Site, save, catalog, and share such job descriptions, including after the positions to which the descriptions relate have been filled, with users of the Site;
that you will not interfere or attempt to interfere with the proper working of our website or any activities conducted on our website; and
that you will not forge headers or otherwise manipulate identifiers in order to disguise the origin of any Content posted or transmitted through the Site.
We reserve the right to terminate, prevent or suspend your access to the Site if you do not comply with any part of these terms of use and conditions or any applicable law.
Accounts and passwords
During the registration process to become a user, you will select a username and a password. You agree to provide true, accurate, current and complete information about yourself as prompted by the Site registration form and maintain and promptly update this data to keep it true, accurate, current and complete at all times. You understand and agree that you are solely responsible for maintaining the confidentiality of your account including your password, and are fully responsible for all activities that occur under such account. You agree to: (a) immediately notify us of any unauthorized use of your account or any other breach of security; and (b) exit from your account at the end of each session.
Ownership, use and intellectual property rights
This Site and all intellectual property rights in the Site (including without limitation any Content) are owned by us and/or our licensors. We and our licensors reserve all our intellectual property rights (which include without limitation all copyright, trade marks, domain names, design rights, database rights, patents and all other intellectual property rights of any kind) whether registered or unregistered anywhere in the world.
Nothing in these terms of use and conditions grants you any rights in the Site other than as necessary to enable you to access the Site. You agree not to adjust to try to circumvent or delete any intellectual property notices contained on the Site and in particular in any digital rights or other security technology embedded or contained within any Site Content.
Trade-marks: The Job Minister logo is our trade-mark. Other trade-marks and trade names may also be used on this Site. The use or misuse of any trade-marks or any other Content on the Site except as provided in these terms of use and conditions is strictly prohibited. Nothing contained on the Site shall be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark without our prior written permission.
Submitting information to the Site
The Site is not a secure means of communication and any information you supply to us may not be kept confidential. For that reason, you should not submit or send to us any patentable ideas or patent applications, advertising or marketing suggestions, prototypes or any information, written or oral, which you regard as confidential or commercially sensitive or valuable (collectively referred to as “Unwanted Submissions”). While we value your feedback, you agree not to submit any Unwanted Submissions. Any submission (including any Unwanted Submission) made to us is deemed to be our property, except as otherwise provided for in these terms of use. By transmitting or posting any submission or other material to us, you agree that, subject to our Privacy Policy, we are entitled to use any such information in any manner we see fit (including reproduction, transmission, publication, broadcast, and posting on any media and anywhere in the world) on a free of charge basis. We shall not be subject to any obligation of confidentiality nor be liable for any use and/or disclosure of such submissions.
Where our Site enables you to communicate with us and/or other users of the Site, you may not use the Site to transmit harmful or offensive (e.g., violent, obscene, discriminatory, defamatory or otherwise illegal) communications or material which might otherwise bring us or the Site into disrepute. Although we reserve the right to monitor, edit, review or remove discussions, chats, postings, transmissions, bulletin boards and similar communications on the Site from time to time, we are under no obligation to do so and assume no responsibility or liability arising from any Content posted on the Site nor for any error, omission, infringement, defamatory statement, obscenity, or inaccuracy contained in any such information.
You represent and warrant that any Content you supply to us is and shall be your own original work and has been lawfully provided to us and that you have all necessary consents to provide this to us and that we shall be entitled to disclose your name with any such Content that we may choose to publish. You agree that you waive all moral rights you may have in any such Content but that any personal data you supply with your Content may, if we choose to do so, be used by us as described in our Privacy Policy.
Content licence from you
When you send, submit, post or display any content through our Site you retain copyright and any other rights you already hold in such materials, including without limitation, information, data, text, software, music, sound, photographs, graphics, video and email messages or other kinds of messages included in such material. By sending, submitting, posting or displaying any Content when using the Site, you grant us a perpetual, irrevocable, worldwide, royalty-free and non-exclusive licence (through multiple tiers) to reproduce, adapt, modify, translate, publish, publicly perform, publicly display and distribute such Content. This licence is for the sole purpose of enabling us (and as the case may be, its affiliates) to provide the Site. You confirm and warrant to us that you have all the rights, power and authority necessary to grant the above licence.
Responsibility for Content
You understand that all Content, whether publicly posted or privately transmitted when sending, submitting, posting or displaying material using the Site, is the sole responsibility of the person from whom it originated. This means that you, and not us, is entirely responsible: (i) for all Content that you upload, post, email, transmit, or otherwise make available via the Site; and (ii) for ensuring that all Content is accurate and does not include misleading information or infringe or violate anyone’s proprietary rights. We do not control the Content posted via the Site by you and, as such, do not guarantee the accuracy, integrity or quality of any Content. You therefore agree that you will not hold us responsible or liable for any inaccuracies or for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of or reliance upon any Content posted, emailed, transmitted, or otherwise made available via the Site.
Proprietary Rights
You acknowledge and agree that we own all legal right, title and interest in and to the Site and Content, including any intellectual property rights which subsist in the Site and Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). Nothing in the terms of use gives you a right to these rights or to use any of our or any of our affiliates’ trade names, trade-marks, service marks, logos, domain names, and other distinctive brand features. Other than the limited licence set forth in Section 6, we acknowledge and agree that we obtain no right, title or interest from you (or your licensors) under these terms of use in or to any advertisement banner or Content that you submit, post, transmit or display on, or through, the Site, including any intellectual property rights which subsist in any advertisement banner or in that Content (whether those rights happen to be registered or not, and wherever in the world those rights may exist). You agree that you are responsible for protecting and enforcing those rights and that we have no obligation to do so on your behalf.
Accuracy of information and availability of the Site
While we use reasonable efforts to include accurate and up-to-date information on the Site, we do not represent, warrant or promise (whether expressly or by implication) that any Content is or remains available, accurate, complete and up to date, free from bugs, errors or omissions or fit or suitable for any purpose. Any reliance you may place on the information on this Site is at your own risk and we may suspend or terminate operation of the Site at any time at our sole discretion. Nothing in these terms of use and conditions shall operate to prejudice any mandatory statutory requirement or your statutory rights. Content on the Site is provided for your general information purposes only and to inform you about us and our products and news, features, services, events and other websites, which may be of interest. It does not constitute technical, financial or legal advice or any other type of advice and should not be relied on for any purposes.
While we make commercially reasonable efforts to ensure that the Site is available, we do not represent, warrant or guarantee in any way the Site’s continued availability at all times or uninterrupted use by you of the Site.
Hyperlinks and third party sites
The Site may contain hyperlinks or references to third party websites other than the Site. Any such hyperlinks or references are provided for your convenience only. We have no control over third party websites and accept no responsibility for any content, material or information contained in them. The display of any hyperlink and reference to any third party website does not constitute an endorsement of such third party’s website, products or services. Your use of a third party site may be governed by the terms of use and conditions of that third party site. Third party sites are not governed by our Privacy Policy and accordingly, once you leave the Site, our Privacy Policy will not apply to that third party site. You acknowledge and agree that Job Minister Inc. is not responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or advertising, products, or other materials on or available from third party websites or resources
Practices and limits concerning use of the Site
You acknowledge that we may establish general practices and limits concerning use of the Site, including without limitation the maximum number of days that uploaded Content will be retained by the Services, the maximum number of Content that may be uploaded by an account, the maximum size of message or Content that may be uploaded by an account, and the maximum number of times (and the maximum duration for which) you may access or use the Services in a given period of time. You further acknowledge that we reserve the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
Right to remove or disclose Content
You acknowledge that we do not pre-screen Content, but that we have the right (but not the obligation) to refuse or remove any Content that is available via the Site that violates these terms of use or is otherwise objectionable in our discretion. You acknowledge and expressly consent to us accessing, preserving, and disclosing your account information and Content if required to do so by law or if in good faith we believe that such access, preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce these terms of use; (c) respond to claims that any Content violates the rights of third-parties; (d) respond to your requests for customer service; or (e) protect the rights, property, or personal safety or security of Job Minister Inc., its affiliates, users and the public.
You acknowledge and agree that any termination of your access to the Site under any provision of these terms of use may be effected without prior notice and that we may immediately deactivate or delete your account and all related Content. You agree that we are not liable to you or any third-party for termination of your account, or termination of your access to the Site.
Termination of Services
Without limiting other remedies, we (and any of its affiliates) may in our sole discretion, limit, suspend, or terminate the your access to the Site and user account(s), take technical and legal steps to block your access to the Site, remove and discard any Content, for any reason, including, without limitation, (a) accounts that are unconfirmed or which have been inactive for a period of over six months; (b) if we (or any of its affiliates) believes that you have violated or acted inconsistently with the letter or spirit of these terms of use and conditions; (c) request(s) by law enforcement or other government agencies; (d) if you provide any information that is untrue, inaccurate, not current or incomplete in your account, or we have reasonable grounds to suspect that you have done so; (e) a request by you; (f) discontinuance or material modification to the Site (or any part thereof); (g) unexpected technical or security issues or problems; (h) in compliance with legal process; (i) if you have or we believe you have engaged in illegal activities, including without limitation, fraud; and/or (j) non-compliance with data protection and privacy laws which may apply.
Warranties and limitation of liability
You agree that your use of the Site is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties, conditions or other terms (whether express or implied) in relation to the provision of the Site, including without limitation as to completeness, accuracy and currency or any Content on the Site, or as to satisfactory quality, or fitness for particular purpose.
To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Site for whatsoever reason, and any representation or statement made on the Site.
We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Site, for example if you lose revenue, salary, profits or reputation as a result of your use of the Site and/or the acts or omissions of any third party such as other users of the Site or any other indirect or consequential loss or damage you may incur in relation to the Site and its Content.
Any exclusions and limitations of liability in these terms shall be subject to the Additional Terms in respect of matters covered by those Additional Terms and as otherwise required by law.
You will not hold us responsible for other users’ Content, actions or inactions, which are made through the Site or by using the Site. We have no control over and do not guarantee the quality, safety or legality of products or services advertised in the Content, the truth or accuracy of such Content. We cannot guarantee continuous or secure access to our Services, and operation of our website may be interfered with by numerous factors outside of our control.
To the extent permitted by law, you expressly understand and agree that we shall not be liable for any direct, indirect, incidental, special, consequential, or exemplary damages, which may be incurred by you, however caused and under any theory of liability. This shall include, but not be limited to, damages for loss of profits, goodwill or business reputation, any loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss (even if we or our affiliates have been advised of the possibility of such damages), resulting from the use or the inability to use the Site or any matter relating to the Site including without limitation (i) any changes which we may make to the Site, or for any permanent or temporary cessation in the provision of the Site (or any features within the Site); (ii) the deletion of, corruption of, or failure to send, display or store, any ads, content and other communications data maintained or transmitted by or through your use or other users’ use of the Site; (iii) your failure to provide us with accurate account information or to keep your password or account details secure and confidential. Regardless of the foregoing, to the extent permitted by law, if we are found to be liable, our liability to you or to any third party is limited to the greater of: (a) the total fees you paid to us in the 12 months prior to the action giving rise to the liability, and (b) $150 CAD.
You expressly understand and agree that to the extent permitted by law:
(a) Your use of the Site is at your sole risk. The Site is provided on an “as is” and “as available” basis. We (and our affiliates) assume no responsibility for the timeliness, deletion, mis-delivery, non-delivery or failure to store any user communications or Content. We (and its affiliates) expressly disclaim all warranties, representations and conditions of any kind, whether express or implied, including, but not limited to the implied warranties, representations and conditions of merchantability, fitness for a particular purpose and non-infringement.
(b) We (and its affiliates) make no warranty that (i) the Site will meet your requirements; (ii) the Site will be uninterrupted, timely, secure, or error-free; (iii) the results that may be obtained from the use of the Site will be accurate or reliable; and (iv) the quality of any products, service, information, or other material purchased or obtained by you through the Site will meet your expectations.
(c) Any material downloaded or otherwise obtained through the use of the Site is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material.
(d) No advice or information, whether oral or written, obtained by you from the Site, our affiliates or through or from the Site shall create any warranty not expressly stated in these terms of use and conditions.
Release
If you have a dispute with one or more users, you release us and our officers, directors, agents, subsidiaries, joint ventures, employees and our affiliates from claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, arising out of or in any way connected with such disputes or your use of the Site.
Indemnity
You agree to indemnify and hold us, our officers, directors, agents, subsidiaries, joint ventures, employees and our affiliates harmless from any claim or demand, including reasonable legal fees, made by any third party due to or arising out of your breach or violation of these terms of use, of any Content which you submit, post, transmit or make available through the Site, your use of the Services, your connection to the Services, or your violation of any rights of another or your violation of any law or the rights of a third party.
General
These terms are dated February 1, 2017. No changes to these terms are valid or have any effect unless agreed upon by us in writing. We reserve the right to vary these terms and conditions from time to time. Our new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any variation made by us. It is your responsibility to check these terms of use and conditions from time to time to verify such variations.
Unless otherwise expressly stated in these terms of use and conditions, all notices from you to us must be in writing and sent to our contact address at Job Minister Inc., 1369 Bloor Street West, Suite 513, Toronto, Ontario, M6P 4J4, Canada and all notices from us to you will be displayed on our website from time to time.
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 and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
No agency, partnership, joint venture, employee-employer or franchiser-franchisee relationship is intended or created by your use of the Site or these terms of use and conditions.
If any part of these terms of use is unenforceable (including any provision in which we exclude or limit our liability to you) the enforceability of any other part of these terms and conditions will not be affected. If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.
These terms and conditions, together with the Privacy Policy and any applicable Additional Terms contain the entire understanding and agreement between us and you in relation to your use of the Site and supersede and replace any representation, statement or other communication (whether written or otherwise) made by you or us which is not contained herein. Save for fraud or fraudulent misrepresentation, we shall have no liability for any such representation being untrue or misleading.
You may not assign, sub-license or otherwise transfer any of your rights and obligations in these terms to any other person.
These terms of use and conditions shall be construed in accordance with and governed by the laws in effect within the Province of Ontario and the applicable laws of Canada therein.
The parties acknowledge that they have required that these terms and conditions and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
© . Job Minister Inc. All rights reserved.
