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JobServe

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Terms and Conditions

ATTENTION: This legal notice applies to the entire contents of this website under the domain name http://www.jobserve.ca or http://www.jobserve.com ("Website") and to any correspondence by email between us and you. Please read these terms carefully before using this website. Using this website indicates that you accept these terms regardless of whether or not you choose to register with us. If you do not accept these terms, do not use this website. This notice is issued by JobServe Canada Ltd. whose registered office is at: 340 Albert Street, Suite 1400, Ottawa, Ontario, K1R 0AS

1. General

1.1 JobServe does not make any representation whatsoever about any job vacancy advertisement which is accessed either on, by virtue of or by way of any links from this website nor about any of the advertisers who appear in the "Recruiter Directory" section on this website because in compiling the same JobServe relies on information provided to it by third parties. Accordingly it is a matter for you to satisfy yourself as to the suitability of any agency, employer or job found directly or indirectly through this website.

1.2 You acknowledge that the Internet or JobServe's systems, services and equipment may from time to time be inoperative in full or in part as a consequence of but not limited to, mechanical breakdown, maintenance, hardware or software upgrades, any communication connectivity problems or any other factors beyond the control of JobServe and you acknowledge that JobServe will not be held liable for any failure or inability to provide continuous, error free, uninterrupted services under these or any other circumstances.

1.3 You will be able to access some areas of this Website without registering your details with us. Certain areas of this Website are only open to you if you register.

1.4 By accessing any part of this Website, you shall be deemed to have accepted this legal notice in full. If you do not accept this legal notice in full, you must leave this Website immediately.

1.5 JobServe may revise this legal notice at any time by updating this posting. You should check this Website from time to time to review the then current legal notice, because it is binding on you. Certain provisions of this legal notice may be superseded by expressly designated legal notices or terms located on particular pages at this Website.

2. Membership

The Website services are not available to, and may not be used by, persons who are temporarily or indefinitely suspended Website members. If you are under 18 years old, you can use this service only in conjunction with the supervision of a parent or guardian. If you are an employee or agent of a business entity, you represent that you have the authority to bind that entity to this Agreement.

3. Registration

You must choose a password on completion of registration. You shall be responsible for all actions taken under that password and shall only access the Website using your own password. You should not disclose your password to any other person.

4. Resume Distribution Service

If you activate JobServe's Resume distribution service you agree and acknowledge that:

4.1 JobServe may adapt, modify and reword your Resume in such way and to such extent as JobServe considers appropriate in order to produce a Resume in the style and format JobServe sends to recruitment agencies and employers.

4.2 JobServe shall have no liability to you as a consequence of or arising out of any adaptation, modification or rewording referred to in Clause 4.1 above.

5. Changes

5.1 JobServe may make changes in or withdraw any of the services described in this Website and at any time without notice.

5.2 The services (including the Resume distribution service) which JobServe offers to candidates are entirely gratuitous and JobServe shall not be obliged to maintain or continue any services offered to candidates on this Website. Without prejudice to the generality of the foregoing JobServe reserves the right to suspend or cancel the provision of any service to any particular candidate for any reason whatsoever.

5.3 Any personal information that you submit to JobServe will be handled in accordance with the terms of JobServe's Privacy Policy, the terms of which are herein incorporated by reference.

5.4 JobServe reserves the right to change these terms and conditions of use by changing them on this Website.

6. Information and emails you send us or submit

6.1 You agree that information you send to us or any advertiser is accurate. You are prohibited from posting or transmitting to or from this Website any material that is libelous, obscene, indecent, seditious, pornographic, menacing, threatening, offensive, abusive, liable to incite racial hatred, discriminatory, scandalous, inflammatory, blasphemous, in breach of confidence, in breach of privacy, which may cause annoyance or inconvenience, fraudulent, which constitutes or encourages conduct that would be considered a criminal offence, gives rise to civil liability, or otherwise be contrary to the law of or infringes the rights of any third party, in Canada or any other country in the world; which is harmful to software or hardware (including, without limitation, computer viruses, logic bombs, Trojan horses, worms, harmful components, corrupted data or other malicious software or harmful data); or for which you have not obtained all necessary licenses and/or approvals.

6.2 You may not misuse the Website (including, without limitation) by hacking or committing fraud.

6.3 JobServe will fully co-operate with any law enforcement authorities or court order requesting or directing JobServe to disclose the identity or locate anyone posting any material, misusing the Website or otherwise purporting to violate the law in contravention of paragraphs 6.1 or 6.2.

6.4 If you breach any of the terms contained in paragraphs 6.1 and 6.2 JobServe will terminate the services provided by this Website.

6.5 JobServe accepts no responsibility or liability for the use by any agency, employer or other third party of any Resume about you forwarded to any recruitment service company, employer (whether by JobServe or you) or to any third party which comes to your attention directly or indirectly through your use of this Website.

7. Links

7.1 JobServe does not make any representation as to the security, quality or propriety of any website which may be accessed through this Website. Linked websites accessed through this Website are independent websites over which JobServe does not exercise any control, whether financial, editorial or any other kind and are not in any way endorsed by JobServe.

7.2 Accordingly JobServe has no responsibility or liability to you in respect of any products or services purchased or obtained by you from any such linked website nor in respect of the use of any personally identifying information by any such linked website or its owner. If you decide to access any of the third party websites linked to this Website, you do so entirely at your own risk.

7.3 You shall not link to this Website without the express written permission of JobServe. If you have been granted such permission to link to this Website, you may only do so on the basis that you link to, but do not replicate, the home page of this Website, and subject to the following conditions:

(a) you do not remove, distort or otherwise alter the size or appearance of the "JobServe" logo;
(b) you do not create a frame or any other browser or border environment around this Website;
(c) you do not in any way imply that JobServe is endorsing any products or services other than its own;
(d) you do not misrepresent your relationship with JobServe nor present any other false information about JobServe.

8. Copyright

8.1 This Website contains copyright material, trade names and other proprietary information, including but not limited to, design, text, software and graphics. The contents of this Website are protected by copyright and other intellectual property laws. JobServe, or its licensors, own copyright and/or database rights in the selection, coordination, arrangement and enhancement of such content, as well as in the content original to it. You may not copy, modify, publish, transmit, participate in the transfer or sale, create derivative works, or in any way exploit, any of the contents of this Website, in whole or in part, except as provided below.

8.2 You may download information from this Website for your own personal use only. Except as otherwise expressly permitted under copyright law, no copying, modification, redistribution, retransmission, publication or commercial exploitation of downloaded material will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, modification, redistribution, retransmission, publication or commercial exploitation of copyright material, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You are licensed to use the software available on this Website solely for the purpose of lawfully accessing and using the Website. You acknowledge that you do not acquire any ownership rights by downloading copyright material or using software available on this Website.

8.3 If you breach any of the terms in this legal notice, your permission to use this Website automatically terminates and you must immediately destroy any downloaded or printed extracts from this Website.

8.4 You agree that if you make any suggestions to JobServe regarding changes or improvements to this Website, JobServe has the right to implement such suggestions and shall be the sole owner of any intellectual property or other right associated with such suggestions, changes and improvements.

9. Viruses etc.

JobServe will not be liable to you or to any third party for any direct, indirect, consequential, special or other damage resulting from the transmission from this Website of viruses, worms, Trojan horses or other destructive items, however caused, such damage to include, without limitation, loss of profits, interruption to business, loss of the whole or any part of a program or any data howsoever stored whether saved on a computer system or otherwise. You may not use crawlers, spiders or any other automatic querying system when accessing or using this Website.

10. Trade names

"JobServe" and the logos on this site are trademarks of JobServe Limited. You may not use these trademarks without JobServe's express written consent.

11. How JobServe protects and uses information which JobServe holds about you

The Internet is not a secure medium. However, JobServe will use commercially reasonable efforts to keep the personal information it receives about you confidential, although nothing in these terms and conditions shall restrict or prohibit JobServe from disclosing personal information to recruitment service companies or employers in circumstances where you have expressly or by implication given your consent to do so (for example, where you have submitted your resume containing such information). JobServe uses your information in accordance with its Privacy Policy from time to time and you consent to the use of your information in such ways.

12. Losses resulting from unauthorised access to your data during transmission

You accept the risk that data transmitted electronically via this Website or otherwise may be intercepted before reaching its intended destination or accessed by unauthorised third parties and may be exploited unlawfully by such third parties. JobServe takes reasonable steps to prevent such interception of data to and from its servers, however, JobServe does not assume responsibility for guarding against the acts of such third parties and shall not be liable for any direct, indirect, consequential, special or other damage resulting from third parties' interception of or access to data of whatever nature.

13. Limitation of liability

13.1 JobServe makes no representations about the suitability of the information contained on this website for any purpose. All such information is provided "as is" without warranty of any kind. JobServe hereby disclaims all warranties and conditions with regard to this information, including all warranties and conditions of merchantability, whether express, implied or statutory, fitness for a particular purpose, title and non-infringement. In no event shall JobServe be liable for any special, indirect or consequential damages or any damages whatsoever resulting from loss of use, data or profits, whether in an action of contract, negligence or other tortious action, arising out of or in connection with the use or performance of information available on this website. Your use of this website and the information on it is solely at your own risk.

The documents and related graphics published on this website could include technical inaccuracies or typographical errors. Changes are periodically added to the information herein. JobServe may make improvements and/or changes to the information contained on this website at any time.

Some jurisdictions do not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations may not apply to you.

13.2 If your use of information on this Website results in the need for servicing, repair or correction of equipment, software or data you assume all costs thereof.

14. Disclaimer

14.1 While JobServe endeavors to ensure that the information on this Website is correct, JobServe does not warrant the accuracy and completeness of the material on this Website. JobServe may make changes to the material on this Website at any time without notice. The material on this Website may be out of date, and JobServe makes no commitment to update such material. Please note that you will be required to use caution, common sense and good awareness as there are also risks of dealing with persons or people acting under false pretences. By using the Website you agree to all risks and agree that JobServe is not responsible for the acts or omissions of others.

15. Headings

Any headings in these terms and conditions are for convenience only and shall not affect their construction.

16. Governing Law

These terms and conditions shall be governed in accordance with the laws of the province of Ontario, without regard to the conflicts of laws principles thereof. By using this Website, you agree that the state and federal courts of the province of Ontario shall have jurisdiction in respect of any dispute between you and JobServe concerning your use of this Website.