Our business name is MicroAgility Canada, Inc., Inc. (hereafter “MicroAgility Canada, Inc.” or “Company”). We are the owner of our website www.JobsInGTA.com.
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website, (hereafter "website"), and other Services we offer our Users (hereafter “You” or “Client”). It is important that you read these Terms carefully, as your use of our website and Services will automatically constitute your agreement to be legally bound by the Terms set out herein. These Terms also govern your use of the Services provided through, or in connection with, our website. Each time you visit our website, you acknowledge that you have read these Terms and agree to be legally bound by them.
You agree and understand that these Terms, along with the Privacy Policy, are the only contracts between you and us. These documents supersede any and all verbal or written communications. If you do not agree to be bound by these Terms and our Privacy Policy, you may not use the website or our services.
Clients can access these Terms by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
Client acknowledges and agrees that JobsInGTA reserves the right to make changes or modifications to the their website and these Terms, without notice. Display of any changes on our website shall constitute effective notice under these Terms, and Client’s continued use of the website and our Services, thereafter, shall constitute Client’s acceptance of such changes or modifications.
I. License Grant; Trademark; Copyright
A. Trademark Notice – JobsInGTA, our website, as well as additional marks not mentioned here, are registered service marks of Company. Other names identified on our website may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of JobsInGTA or a third-party. The use, on our website, of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party and the availability of specific goods from such third-party through our website, should not be construed as an endorsement or sponsorship by our website of any such third-party or the participation by such third-party in the offering of goods, services or information through our website.
B. Copyright Notice – Client acknowledges that all content included on our website, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content"), as well as the arrangement and compilation of the Content, are intellectual property and copyrighted works, owned by MicroAgility Canada, Inc. and our website. Reproduction or storage of information or works taken or copied from our website, in any form, whether now existing or developed in the future, are subject to the copyright laws of Canada, including all applicable international copyright treaties and conventions, including, without limitation, the Berne Convention and the Universal Copyright Convention.
II. Ownership, Use and Intellectual Property Rights
A. The Services we offer are the valuable, exclusive property of MicroAgility Canada, Inc., and nothing in these Terms shall be construed as transferring or assigning any ownership rights in such property to Client or any other person or entity. Ownership of this website and any documentation or information, shall remain, at all times, with MicroAgility Canada, Inc. All intellectual property rights in this website belong to MicroAgility Canada, Inc.
B. Client may not remove, alter or obscure any copyright, legal or proprietary notice in, or on, any portion of our website. Client may store in the memory of his/her/its computer, and may manipulate, analyze, reformat, print and/or display, for Client’s use only, the information received or accessed through this website, pursuant to these Terms. Unless separately and specifically authorized in writing by an officer of MicroAgility Canada, Inc., Client may not sell, rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share, our Services or any part thereof, or any of the information received or accessed from our website, to or through any other person. MicroAgility Canada, Inc. expressly reserves any rights not granted to Client in these Terms.
III. Termination
A. These Terms, and the limited license rights granted hereunder, shall remain in full force and effect, unless terminated or canceled for any of the following reasons:
1. Immediately, by MicroAgility Canada, Inc., for any unauthorized access or use by Client, including, without limitation, utilizing identical user names and passwords or any other access or use for our website, except as expressly provided in these Terms;
2. Immediately, by MicroAgility Canada, Inc., if you assign or transfer (or attempt to assign or transfer) any rights granted to you under these Terms;
3. Immediately, by MicroAgility Canada, Inc., if you fail to abide by the rules and regulations relating to the use of, or tamper with, or alter any of the software and/or data files contained in, or accessed through, this website;
4. Immediately, by MicroAgility Canada, Inc., if you transmit or receive, using the website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form, whatsoever, with respect to any other Client, company, or any other person or business entity (MicroAgility Canada, Inc., in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. Immediately, upon discontinuance of our website; or
6. Immediately, by MicroAgility Canada, Inc., if you violate any of the other conditions of these Terms.
B. Termination or cancellation of these Terms shall not affect any other right or relief to which JobsInGTA may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of Client’s account:
1. All rights granted to you will terminate and revert to MicroAgility Canada, Inc.; and
2. You agree to certify to MicroAgility Canada, Inc. your compliance with these requirements, in writing, upon our request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OR INJURY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THIS WEBSITE OR ANY OTHER SERVICES OBTAINED FROM US.
IV. Account and Service Description
A. Clients are required to set up an Account, prior to being eligible for use of our Services.
B. Client agrees that all Account information provided is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
C. Any material a Client submits, posts, displays, or otherwise makes available on our website, is referred to as “User Content.” Company holds this User Content in order to access information, such as user profiles, message boards, job listings, resumes, images and any other formats, for the sake of better usability of our website. User Content is held for the sole purpose of identifying, reviewing, screening and placing candidates into the most suitable jobs available. We do not sell, trade or otherwise transfer such content to outside parties for promotional purposes.
D. Client understands and agrees that in using our Services, all information and documents that Client voluntarily shares with us, shall also be available to recruiters and staffing companies that have access to our website and Services. In this way, Client’s job and career opportunities are multiplied and enhanced.
V. Communicating with JobsInGTA
Feedback regarding our website, its use or application, can be submitted to Info@JobsInGTA.com.
VI. Uses Not Permitted
A. Use of this website or our Services, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – This website may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
2. Security Violations – This website may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DoS) attacks; and distributing viruses or other harmful software.
You are solely responsible for maintaining the security of your electronic devices and to prevent their use by others in a manner that violates these Terms. You are responsible for taking corrective actions on vulnerable or exploited devices to prevent continued abuse.
3. Threats – This website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, or defamation.
4. Offensive Materials – This website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, or hateful materials. Further, Client agrees to adhere to the following requirements:
a. Client may not provide, communicate or otherwise distribute, content that:
i. Violates any right of MicroAgility Canada, Inc.;
ii. Interferes with or causes an interruption of this website or our Services;
iii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; or
iv. Disrupts, interferes with, or otherwise harms or violates the security of this website or our Services;
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY JOBSINGTA.
B. Violations of these Terms may result in immediate suspension or termination of your account, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by MicroAgility Canada, Inc., in its sole discretion, without recourse.
C. When feasible, it is Company’s preference to give notice so that violations may be addressed voluntarily. However, we reserve the right to act without notice, when necessary, as determined by us, and in our sole discretion. MicroAgility Canada, Inc. may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
VII. Your Personal Information
A. By setting up an Account, and using this website or our Services, or e-mailing us, you will be supplying us with "personal information." We collect this to administer and help you use our website and our Services, contact you about postings and generally, keep in touch with you.
B. MicroAgility Canada, Inc. may release your personal information when we believe such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms, to protect our rights or property, or if Company believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies immediate disclosure of records.
VIII. Delays in Services; Force Majeure
Any delays in, or failure of, performance by MicroAgility Canada, Inc., (including its officers, directors, employees, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond MicroAgility Canada, Inc.’ control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. MicroAgility Canada, Inc. shall have no responsibility to provide you access to this website while its interruption, due to any such or similar causes, continues.
IX. Warranty Disclaimer
A. Client acknowledges that some of the information provided through this website is compiled from sources that may be beyond the control of MicroAgility Canada, Inc. Though such information is recognized by the parties to be generally reliable, Client acknowledges that inaccuracies may occur and MicroAgility Canada, Inc. does not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by MicroAgility Canada, Inc., for Client’s personal use only. Information on this website does not constitute advice of any kind. MicroAgility Canada, Inc. shall not be liable for any errors, inaccuracies or delays in content or for any actions taken by Client, in reliance thereon.
B. CLIENT ACKNOWLEDGES THAT THIS WEBSITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS", BASIS. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, JOBSINGTA DOES NOT REPRESENT OR WARRANT:
1. THAT THIS WEBSITE OR OUR SERVICES WILL MEET CLIENT REQUIREMENTS OR ARE SUITABLE FOR ITS NEEDS;
2. THAT THE ACCESS OR USE OF THIS WEBSITE OR OUR SERVICES WILL BE ERROR-FREE, OR
3. THE ACCURACY OF ANY DATA OR INFORMATION IN, OR PROCESSED THROUGH, THIS WEBSITE OR OUR SERVICES OR THE RESULTS OF ANY SUCH PROCESSING.
C. CLIENT IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
X. Limitation of Liability; Disclaimer of Consequential Damages
COMPANY SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN, THIS WEBSITE, IT’S CONTENT, OR OUR SERVICES.
CLIENT ACKNOWLEDGES THAT VALIDITY RESEARCH (INCLUDING ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF VALIDITY RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF VALIDITY RESEARCH, BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF VALIDITY RESEARCH OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO TEN DOLLARS (USD$10.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. CLIENT ACKNOWLEDGES AND AGREES THAT VALIDITY RESEARCH WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THIS WEBSITE. HOWEVER, CLIENT HEREBY ASSUMES ALL RESPONSIBILITY (AND HEREBY HOLDS JOBSINGTA HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON CLIENT’S EQUIPMENT, BY WHATEVER MEANS CLIENT DEEMS MOST APPROPRIATE FOR THEIR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
XI. Indemnification
CLIENT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS, VALIDITY RESEARCH (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) FOR, AND AGAINST ANY AND ALL CLAIMS BROUGHT BY ANY PERSONS OR ENTITIES, OTHER THAN THE PARTIES TO THESE TERMS, ARISING FROM OR RELATED TO CLIENT’S ACCESS TO, AND USE OF, OUR WEBSITE.
XII. Export Control
Client agrees that it is not in a country where such export of information, such as that contained on this website, is prohibited or that Client is a person or entity to which such export is prohibited. Client is responsible for compliance with the laws of its local jurisdiction regarding import or export of the information contained in this website and its access software.
XIII. No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other documents relating to this website, these Terms shall govern, whether such documents are prior or subsequent to, this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of MicroAgility Canada, Inc.
XIV. Attorney's Fees
If MicroAgility Canada, Inc. takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, in addition to all sums to which it is entitled or any other relief, at law or in equity, MicroAgility Canada, Inc. shall be entitled to recover and Client agrees to pay, reasonable and necessary attorney's fees and all costs of any litigation.
XV. Governing Law; Limitations; Venue
These Terms and the Agreement it creates, shall be governed by the laws of Canada and the Province of Ontario, excluding any conflicts of laws principle. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to, Client’s access and use of this website, contemplated by these Terms, must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the appropriate Provincial Court of Ontario, and Client agrees to submit to the exclusive personal jurisdiction of such Court.
XVI. Severability
If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of the Terms and this Agreement.
XVII. Data Protection
A. MicroAgility Canada, Inc. recognizes that any information provided by Client is extremely important and we shall, therefore, be particularly sensitive in handling such data.
B. Client is advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by third parties. Nevertheless, MicroAgility Canada, Inc. shall do what is reasonable to safeguard Client’s data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third party rights, unless the respective party has given prior consent in view of such security risks.
D. Accordingly, MicroAgility Canada, Inc. shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission.
E. Clients can access our Privacy Policy by typing in the URL address that appears on the Subscription Sign-Up form, and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Privacy Policy has been closed.
XVIII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XIX. Contact Information
Please contact JobsInGTA by sending an email to: Info@JobsInGTA.com.
XX. Entire Agreement
These Terms constitute the entire agreement between the parties, regarding the subject matter hereof, and no other agreement, as to such subject matter, written or oral, exists.
THESE TERMS WERE LAST UPDATED ON OCTOBER 05, 2018.
Our business name is MicroAgility Canada, Inc. (Company, We or Us). We are the owner of our website, www.JobsInGTA.com.
I General
A. Company takes User privacy seriously and takes reasonable efforts to protect your privacy. We have created this Privacy Policy (Policies) in order to share with you our information collection and use practices. AS MORE CLEARLY DEFINED HEREIN, WE WILL NEVER KNOWINGLY SELL OR ASSIGN ANY PERSONAL INFORMATION WITHOUT YOUR KNOWLEDGE AND OR APPROVAL.Please read these Policies carefully before sharing any personally identifiable information described below.
B. These Policies apply solely to the website located at www.JobsInGTA.com(website). Since Internet technologies are constantly evolving, these Policies are subject to change at any time and any changes will be posted on this page.
C. These Policies work hand-in-hand with the Terms and Conditions of Use, found elsewhere on ourwebsite.
II. What Personally Identifiable Information Does Company Collect and How Is It Used?
A. The only personal information collected by Companyis voluntarily provided by User, including:
1. Full Name
2. Email
3. Telephone Number
4. SIN Number
5. Date of Birth
6. Physical address
7. Your resume (Work history)
8. Preferred mode of contact
We use your email information to send you job alerts, recent updates and newsletters from our site.
B. We may also collect information about the bookmarks you store. We may also collect general information about your browserand your computer or other electronic device’s operating system, the “cookie” number or other identifying alphanumerical information, that enables us to identify your computer or electronic device and the date and time the above information is logged.
C. In addition, we may collect information about what “cookies” are stored on your computer or electronic device. We will not use this information to determine the identity of individual users or correlate it to your email address or other personal identifying information that you give to us, except as required by subpoenas, court orders, investigations or other legal requirements.
D. Our companymay receive and store certain other types of information whenever you interact with our website. During your use, we may use software tools, such as JavaScript, to measure and collect session information, including response times and download errors.
E. Company will not knowingly collect personally identifiable information from Users, unless User voluntarily provides it to us or authorizes us to collect such information.
F. In the future, company may use or disclose User’s personally identifiable information to:
1. operate and manage our website;
2. providefuture services that have been requested by User; or
3. respond to other inquires or requests by User.
G. We may only disclose User’s personally identifiable information in the establishment or exercise of legal rights or defenses against legal claims, to comply with applicable laws or regulations, to comply with a valid legal process such as a search warrant, subpoena or court order or to investigate suspected fraud or a violation of our Terms and Conditions of Use. We will never sell personally identifiable User Information to any third party vendor/advertiser not affiliated with Company, without consent, except in connection with the sale or merger of Company or the division responsible for such services provided.
H. Companymay also use such information for marketing their products and services to you,ONLY IF you have not ‘opted out’ to receive such marketing information from us.
I. Company may, from time to time, post surveys or requests for User feedback, in order to help us make our website, products or services better. Any responses we receive from Users will be used only to evaluate our website, productsor services, and no personally identifiable information from Users will be shared with any non-employees of Company, except as User has agreed.
III. What Non-Personally Identifiable Information Does Company Collect and How Is It Used?
A. Non-personally identifiable information does not identify you directly. Therefore, in the future, Company may use such information for any purpose, including improving our website and products or services. Further, we reserve the right to share such information, which does not personally identify you, with thirdparty vendors, for any legal purpose.
B. In the future, Companywill collect and track certain non-personally identifiable information, including, but not limited to, IP numbers and browser type, access times, domain names, usage habits and other information, which does not specifically identify any individual.
IV. Does Company Offer Forums, Chatrooms and Groups?
Company does not offer Forums or other User Feedback at this time. If Users wish to provide Feedback to Company regarding our website, User may send a message to Info@JobsInGTA.com.
V. Does CompanyUse “Cookies”?
A. In the future, Company will use“cookies” to track traffic flow and patterns of travel within, and through, our website.
B. “Cookies” is a standard Internet technology that allows us to store and retrieve login information on a User's computer or other electronic device. Our server will automatically ask a new User's browser whether it will accept our “cookie” file. If the “cookie” is accepted, our server will record the “cookie's” unique ID for our use in internal reporting. Every time the User returns to the website, we will be able to read that “cookie's” ID number and, among other things, customize the services we deliver, based on the User's past preferences.
C. If a User accepts our “cookie”, but laterwants to remove it, it can be deleted using the User’s web browser.
D. To maintain your privacy, you will be able to disable your browser's ability to accept “cookies”, but doing so may affect your ability to access and navigate our website.
VI. Can I Opt-out?
You may choose to opt-out of certain communications from Company, such as marketing of new products or services.
VII. Will There Be Changes to these Policies?
A. Companyreserves the right to amend these Policies at any time, in the event that this becomes necessary after their initial release, or in the event that it becomes necessary with respect to additional or amended services provided by Company.
B. Company will not personally notify you of any amendments or modifications to these Policies. Users are urged to check thesePolicies frequently in order to determine whether any changes have been made. Users understand and agree that continued use of ourwebsite assumes that User has read and accepted these Policies, as may be amended or modified, from time to time.
VIII. Where Can I Access These Policies
ThesePolicies are accessible from the Home Page of the Companywebsite, at www.JobsInGTA.com, under the link “Privacy Policy”.
IX. Section Titles
The section titles used in these Policies are purely for convenience and carry with them no legal or contractual effect.
XII. What is the Effective Date of These Policies?
These Policies were last updated on October 11, 2015.
Our business name is MicroAgility Canada, Inc., Inc. (hereafter “MicroAgility Canada, Inc.” or “Company”). We are the owner of our website www.JobsInGTA.com.
THE FOLLOWING TERMS AND CONDITIONS OF USE AGREEMENT (hereafter "Terms") governs your use of our website, (hereafter "website"), and other Services we offer our Users (hereafter “You” or “Client”). It is important that you read these Terms carefully, as your use of our website and Services will automatically constitute your agreement to be legally bound by the Terms set out herein. These Terms also govern your use of the Services provided through, or in connection with, our website. Each time you visit our website, you acknowledge that you have read these Terms and agree to be legally bound by them.
You agree and understand that these Terms, along with the Privacy Policy, are the only contracts between you and us. These documents supersede any and all verbal or written communications. If you do not agree to be bound by these Terms and our Privacy Policy, you may not use the website or our services.
Clients can access these Terms by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Terms have been closed.
Client acknowledges and agrees that JobsInGTA reserves the right to make changes or modifications to the their website and these Terms, without notice. Display of any changes on our website shall constitute effective notice under these Terms, and Client’s continued use of the website and our Services, thereafter, shall constitute Client’s acceptance of such changes or modifications.
I. License Grant; Trademark; Copyright
A. Trademark Notice – JobsInGTA, our website, as well as additional marks not mentioned here, are registered service marks of Company. Other names identified on our website may be the name, trademark, trade name, service mark, logo, symbol or other proprietary designation of JobsInGTA or a third-party. The use, on our website, of any name, trade name, trademark, service mark, logo, symbol or other proprietary designation or marking of or belonging to any third-party and the availability of specific goods from such third-party through our website, should not be construed as an endorsement or sponsorship by our website of any such third-party or the participation by such third-party in the offering of goods, services or information through our website.
B. Copyright Notice – Client acknowledges that all content included on our website, including the information, data, software, photographs, graphs, video, typefaces, graphics, music, sounds, images, illustrations, maps, designs, icons, written and other material (collectively, "Content"), as well as the arrangement and compilation of the Content, are intellectual property and copyrighted works, owned by MicroAgility Canada, Inc. and our website. Reproduction or storage of information or works taken or copied from our website, in any form, whether now existing or developed in the future, are subject to the copyright laws of Canada, including all applicable international copyright treaties and conventions, including, without limitation, the Berne Convention and the Universal Copyright Convention.
II. Ownership, Use and Intellectual Property Rights
A. The Services we offer are the valuable, exclusive property of MicroAgility Canada, Inc., and nothing in these Terms shall be construed as transferring or assigning any ownership rights in such property to Client or any other person or entity. Ownership of this website and any documentation or information, shall remain, at all times, with MicroAgility Canada, Inc. All intellectual property rights in this website belong to MicroAgility Canada, Inc.
B. Client may not remove, alter or obscure any copyright, legal or proprietary notice in, or on, any portion of our website. Client may store in the memory of his/her/its computer, and may manipulate, analyze, reformat, print and/or display, for Client’s use only, the information received or accessed through this website, pursuant to these Terms. Unless separately and specifically authorized in writing by an officer of MicroAgility Canada, Inc., Client may not sell, rent, lease, sub-license, distribute, transfer, copy, reproduce, publicly display, publish, adapt, store or time-share, our Services or any part thereof, or any of the information received or accessed from our website, to or through any other person. MicroAgility Canada, Inc. expressly reserves any rights not granted to Client in these Terms.
III. Termination
A. These Terms, and the limited license rights granted hereunder, shall remain in full force and effect, unless terminated or canceled for any of the following reasons:
1. Immediately, by MicroAgility Canada, Inc., for any unauthorized access or use by Client, including, without limitation, utilizing identical user names and passwords or any other access or use for our website, except as expressly provided in these Terms;
2. Immediately, by MicroAgility Canada, Inc., if you assign or transfer (or attempt to assign or transfer) any rights granted to you under these Terms;
3. Immediately, by MicroAgility Canada, Inc., if you fail to abide by the rules and regulations relating to the use of, or tamper with, or alter any of the software and/or data files contained in, or accessed through, this website;
4. Immediately, by MicroAgility Canada, Inc., if you transmit or receive, using the website (or cause the transmission or receipt of) any pornographic, obscene, disparaging, defamatory, or libelous information of any nature or form, whatsoever, with respect to any other Client, company, or any other person or business entity (MicroAgility Canada, Inc., in its sole discretion, shall determine whether any information transmitted or received violates this provision);
5. Immediately, upon discontinuance of our website; or
6. Immediately, by MicroAgility Canada, Inc., if you violate any of the other conditions of these Terms.
B. Termination or cancellation of these Terms shall not affect any other right or relief to which JobsInGTA may be entitled, whether at law or in equity. Regardless of the reason for cancellation or termination of Client’s account:
1. All rights granted to you will terminate and revert to MicroAgility Canada, Inc.; and
2. You agree to certify to MicroAgility Canada, Inc. your compliance with these requirements, in writing, upon our request.
THE PROVISIONS CONTAINED IN THE LIABILITY SECTIONS OF THESE TERMS SHALL SURVIVE TERMINATION OF THIS AGREEMENT. IN NO EVENT SHALL COMPANY BE LIABLE FOR ANY LOSS OR INJURY, INCLUDING ANY FUTURE MONETARY LOSSES DUE TO YOUR USE OF THIS WEBSITE OR ANY OTHER SERVICES OBTAINED FROM US.
IV. Account and Service Description
A. Clients are required to set up an Account, prior to being eligible for use of our Services.
B. Client agrees that all Account information provided is accurate, true and complete. We may terminate your registration if any of the information you provide is found to be inaccurate, false or incomplete.
C. Any material a Client submits, posts, displays, or otherwise makes available on our website, is referred to as “User Content.” Company holds this User Content in order to access information, such as user profiles, message boards, job listings, resumes, images and any other formats, for the sake of better usability of our website. User Content is held for the sole purpose of identifying, reviewing, screening and placing candidates into the most suitable jobs available. We do not sell, trade or otherwise transfer such content to outside parties for promotional purposes.
D. Client understands and agrees that in using our Services, all information and documents that Client voluntarily shares with us, shall also be available to recruiters and staffing companies that have access to our website and Services. In this way, Client’s job and career opportunities are multiplied and enhanced.
V. Communicating with JobsInGTA
Feedback regarding our website, its use or application, can be submitted to Info@JobsInGTA.com.
VI. Uses Not Permitted
A. Use of this website or our Services, as described below, is prohibited. These descriptions are guidelines and are not intended to be exhaustive or all-inclusive.
1. Illegal/Criminal Activity – This website may not be used in connection with criminal or civil violations of state, provincial, territorial, federal, or international laws, regulations, or other government rules or requirements. Such violations include theft or infringement of copyrights, trademarks, trade secrets, or other types of intellectual property; fraud; forgery; theft or misappropriation of funds, credit cards, or personal information; and threats of physical harm or harassment.
2. Security Violations – This website may not be used in connection with attempts, whether successful or not, to violate the security of a network, service, or other system. Examples of prohibited activities include hacking, cracking into, monitoring, or using systems without authorization; scanning ports; conducting denial of service (DoS) attacks; and distributing viruses or other harmful software.
You are solely responsible for maintaining the security of your electronic devices and to prevent their use by others in a manner that violates these Terms. You are responsible for taking corrective actions on vulnerable or exploited devices to prevent continued abuse.
3. Threats – This website may not be used to transmit materials of a threatening nature, including threats of death or physical harm, harassment, libel, or defamation.
4. Offensive Materials – This website may not be used for the distribution of offensive materials, including obscene, pornographic, indecent, or hateful materials. Further, Client agrees to adhere to the following requirements:
a. Client may not provide, communicate or otherwise distribute, content that:
i. Violates any right of MicroAgility Canada, Inc.;
ii. Interferes with or causes an interruption of this website or our Services;
iii. Uploads or transmits viruses or other harmful, disruptive or destructive files, material or code; or
iv. Disrupts, interferes with, or otherwise harms or violates the security of this website or our Services;
WARNING: ANY VIOLATION OF THESE POSTING RULES THAT INVOLVES CRIMINAL CONDUCT OF ANY KIND WILL BE REFERRED TO LAW ENFORCEMENT AUTHORITIES UPON NOTICE RECEIVED BY JOBSINGTA.
B. Violations of these Terms may result in immediate suspension or termination of your account, immediate temporary or permanent filtering, blocked access or other action appropriate to the violation, as determined by MicroAgility Canada, Inc., in its sole discretion, without recourse.
C. When feasible, it is Company’s preference to give notice so that violations may be addressed voluntarily. However, we reserve the right to act without notice, when necessary, as determined by us, and in our sole discretion. MicroAgility Canada, Inc. may involve, and will cooperate with, law enforcement, if criminal activity is suspected. Violators may also be subject to civil or criminal liability under applicable law.
VII. Your Personal Information
A. By setting up an Account, and using this website or our Services, or e-mailing us, you will be supplying us with "personal information." We collect this to administer and help you use our website and our Services, contact you about postings and generally, keep in touch with you.
B. MicroAgility Canada, Inc. may release your personal information when we believe such action is necessary or appropriate to comply with the law (such as a subpoena, warrant or court order), to enforce these Terms, to protect our rights or property, or if Company believes that an emergency involving immediate danger of death or serious physical injury to any person requires disclosure of communications or justifies immediate disclosure of records.
VIII. Delays in Services; Force Majeure
Any delays in, or failure of, performance by MicroAgility Canada, Inc., (including its officers, directors, employees, agents, representatives and subcontractors) shall not give rise to any claims for damages, or any loss or liability, if and to the extent caused by interruptions due to electronic or mechanical equipment failures, telephone interconnect problems, defects, or occurrences beyond MicroAgility Canada, Inc.’ control, including but not limited to acts of governmental authority, weather, fire, floods, explosions, acts of God, strikes or other concerted acts of workers, riots, armed conflicts, acts of war, or sabotage. MicroAgility Canada, Inc. shall have no responsibility to provide you access to this website while its interruption, due to any such or similar causes, continues.
IX. Warranty Disclaimer
A. Client acknowledges that some of the information provided through this website is compiled from sources that may be beyond the control of MicroAgility Canada, Inc. Though such information is recognized by the parties to be generally reliable, Client acknowledges that inaccuracies may occur and MicroAgility Canada, Inc. does not warrant the accuracy or suitability of the information for any particular purpose. The information is provided by MicroAgility Canada, Inc., for Client’s personal use only. Information on this website does not constitute advice of any kind. MicroAgility Canada, Inc. shall not be liable for any errors, inaccuracies or delays in content or for any actions taken by Client, in reliance thereon.
B. CLIENT ACKNOWLEDGES THAT THIS WEBSITE AND OUR SERVICES ARE PROVIDED ON AN "AS IS, WITH ALL FAULTS", BASIS. COMPANY EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, WHETHER EXPRESS, ORAL, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, ANY IMPLIED WARRANTY OF MERCHANTABILITY, ANY WARRANTIES ARISING BY VIRTUE OF CUSTOM OF TRADE OR COURSE OF DEALING AND ANY IMPLIED WARRANTIES OF TITLE OR NON-INFRINGEMENT. FURTHER, JOBSINGTA DOES NOT REPRESENT OR WARRANT:
1. THAT THIS WEBSITE OR OUR SERVICES WILL MEET CLIENT REQUIREMENTS OR ARE SUITABLE FOR ITS NEEDS;
2. THAT THE ACCESS OR USE OF THIS WEBSITE OR OUR SERVICES WILL BE ERROR-FREE, OR
3. THE ACCURACY OF ANY DATA OR INFORMATION IN, OR PROCESSED THROUGH, THIS WEBSITE OR OUR SERVICES OR THE RESULTS OF ANY SUCH PROCESSING.
C. CLIENT IS SOLELY RESPONSIBLE FOR ALL DECISIONS MADE IN CONNECTION WITH SUCH DATA, INFORMATION AND RESULTS, AND FOR VERIFYING THE ACCURACY OF SUCH DATA, INFORMATION AND RESULTS FROM INDEPENDENT SOURCES.
X. Limitation of Liability; Disclaimer of Consequential Damages
COMPANY SHALL NOT BE LIABLE TO CLIENT OR ANY THIRD PARTY FOR ANY LOSS, DAMAGE, LIABILITY, COST OR EXPENSE SUFFERED OR INCURRED IN CONNECTION WITH THE USE OF, OR PARTICIPATION IN, THIS WEBSITE, IT’S CONTENT, OR OUR SERVICES.
CLIENT ACKNOWLEDGES THAT VALIDITY RESEARCH (INCLUDING ITS OFFICERS, DIRECTORS, MANAGERS, MEMBERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) SHALL NOT, IN ANY EVENT, BE LIABLE FOR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF OR INABILITY TO USE THIS WEBSITE FOR ANY PURPOSE WHATSOEVER, EVEN IF VALIDITY RESEARCH HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE ABOVE PROVISIONS, IF THERE SHALL, AT ANY TIME, BE OR ARISE, ANY LIABILITY ON THE PART OF VALIDITY RESEARCH, BY VIRTUE OF THESE TERMS OR BECAUSE OF THE RELATIONSHIP THEREBY ESTABLISHED, WHETHER DUE TO THE NEGLIGENCE OF VALIDITY RESEARCH OR OTHERWISE, SUCH LIABILITY IS AND SHALL BE LIMITED TO TEN DOLLARS (USD$10.00), AS LIQUIDATED DAMAGES AND NOT AS A PENALTY. THIS LIABILITY SHALL BE COMPLETE AND EXCLUSIVE. CLIENT ACKNOWLEDGES AND AGREES THAT VALIDITY RESEARCH WILL USE REASONABLE EFFORTS TO ASSURE THAT NO VIRUSES OR PROGRAMS WITH SIMILAR FUNCTIONS OPERATE ON, OR ARE PASSED THROUGH, THIS WEBSITE. HOWEVER, CLIENT HEREBY ASSUMES ALL RESPONSIBILITY (AND HEREBY HOLDS JOBSINGTA HARMLESS) FOR DETECTING AND ERADICATING ANY VIRUS OR PROGRAM WITH A SIMILAR FUNCTION ON CLIENT’S EQUIPMENT, BY WHATEVER MEANS CLIENT DEEMS MOST APPROPRIATE FOR THEIR NEEDS. THE PROVISIONS CONTAINED IN THIS LIABILITY SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
XI. Indemnification
CLIENT HEREBY AGREES TO INDEMNIFY, DEFEND AND HOLD HARMLESS, VALIDITY RESEARCH (INCLUDING ITS OFFICERS, DIRECTORS, MEMBERS, MANAGERS, PARTNERS, EMPLOYEES, AGENTS, REPRESENTATIVES AND SUBCONTRACTORS) FOR, AND AGAINST ANY AND ALL CLAIMS BROUGHT BY ANY PERSONS OR ENTITIES, OTHER THAN THE PARTIES TO THESE TERMS, ARISING FROM OR RELATED TO CLIENT’S ACCESS TO, AND USE OF, OUR WEBSITE.
XII. Export Control
Client agrees that it is not in a country where such export of information, such as that contained on this website, is prohibited or that Client is a person or entity to which such export is prohibited. Client is responsible for compliance with the laws of its local jurisdiction regarding import or export of the information contained in this website and its access software.
XIII. No Conflicting Terms
If there is any conflict between these Terms, any help text, manuals or other documents relating to this website, these Terms shall govern, whether such documents are prior or subsequent to, this Agreement, or is signed or acknowledged by any director, officer, employee, representative or agent of MicroAgility Canada, Inc.
XIV. Attorney's Fees
If MicroAgility Canada, Inc. takes action (by itself or through its representatives) to enforce any of the provisions of these Terms, in addition to all sums to which it is entitled or any other relief, at law or in equity, MicroAgility Canada, Inc. shall be entitled to recover and Client agrees to pay, reasonable and necessary attorney's fees and all costs of any litigation.
XV. Governing Law; Limitations; Venue
These Terms and the Agreement it creates, shall be governed by the laws of Canada and the Province of Ontario, excluding any conflicts of laws principle. To the extent allowed by applicable law, any claims or causes of action arising from, or relating to, Client’s access and use of this website, contemplated by these Terms, must be instituted within six (6) months from the date upon which such claim or cause arose or was accrued. Further, any such claim or cause of action may only be brought in the appropriate Provincial Court of Ontario, and Client agrees to submit to the exclusive personal jurisdiction of such Court.
XVI. Severability
If any provision of these Terms is found to be unlawful or unenforceable in any respect, the court shall reform such provision so as to render it enforceable (or, if it is not possible to reform such provision so as to make it enforceable, then delete such provision); and, as so reformed or modified, fully enforce the remainder of the Terms and this Agreement.
XVII. Data Protection
A. MicroAgility Canada, Inc. recognizes that any information provided by Client is extremely important and we shall, therefore, be particularly sensitive in handling such data.
B. Client is advised that there are inherent security risks in transmitting data, such as emails or personal information, via the Internet, because it is impossible to completely safeguard against unauthorized access by third parties. Nevertheless, MicroAgility Canada, Inc. shall do what is reasonable to safeguard Client’s data, subject to this cautionary limitation.
C. In particular, personal information will be transmitted via the Internet only if it does not infringe upon third party rights, unless the respective party has given prior consent in view of such security risks.
D. Accordingly, MicroAgility Canada, Inc. shall not be held liable for any damages incurred as a consequence of such security risks or for any related acts of omission.
E. Clients can access our Privacy Policy by typing in the URL address that appears on the Subscription Sign-Up form, and by reading it on their computer monitor, printing it out, downloading it and/or saving it at any time, even after the Privacy Policy has been closed.
XVIII. Section Titles
The section titles used in these Terms are purely for convenience and carry with them no legal or contractual effect.
XIX. Contact Information
Please contact JobsInGTA by sending an email to: Info@JobsInGTA.com.
XX. Entire Agreement
These Terms constitute the entire agreement between the parties, regarding the subject matter hereof, and no other agreement, as to such subject matter, written or oral, exists.
THESE TERMS WERE LAST UPDATED ON OCTOBER 28, 2015.
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