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The following are the terms and conditions for
using the services (hereinafter sometimes referred to as “TOS”)
offered by CaregiverJobs.ca, including without limitation,
email and website services and other services which may be
offered from time to time by CaregiverJobs.ca (each feature
individually and collectively referred to as "The Service").
Please read the terms carefully. The Service is provided to
individuals who are of the age of consent according to the
laws of the State in which they reside.
IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS
AGREEMENT, DO NOT USE THE SERVICE. THE TERMS AND CONDITIONS
OF THIS AGREEMENT ARE SUBJECT TO CHANGE BY US AT ANY TIME,
EFFECTIVE UPON NOTICE TO YOU, WHICH NOTICE SHALL BE DEEMED
TO HAVE BEEN PROVIDED UPON OUR POSTING OF THE CURRENT
VERSION OF THIS AGREEMENT ON THE SERVICE. The Service is
offered to you conditioned upon your accepting all of the
following terms, conditions, and notices contained herein,
without any modification thereto:
1. DESCRIPTION OF SERVICE
CaregiverJobs.ca is only a venue. CaregiverJobs.ca
(hereinafter sometimes referred to as "Caregiver Jobs") is
an on-line nanny and domestic personnel matching service on
the internet which allows Job Seekers to advertise
themselves, by building a Caregiver Profile and provides
necessary details required by the Canadian government’s
Live-In Caregiver Program. CaregiverJobs.ca allows employers
to search candidate's database and contact them directly.
CaregiverJobs.ca is neither a recruitment nor a placement
agent. CaregiverJobs.ca is not a referral service.
CaregiverJobs.ca is not involved in the actual transactions
between Job Seekers and Employers. CaregiverJobs.ca does not
interview, screen, or perform background checks on job
seekers or employers. As a result, the CaregiverJobs.ca has
no control over the quality, safety or legality of the jobs
or resumes posted, the truth or accuracy of the listings,
the ability of prospective employers to offer job
opportunities to candidates or the ability of the Job
Seekers to fill job openings. CaregiverJobs.ca does not
provide any assurance or guarantee that Job Seekers who are
seeking employment as caregivers will find such employment;
likewise, the CaregiverJobs.ca does not provide any
assurance or guarantee that Employers who are seeking to
hire a caregiver will be successful in doing so.
2. MEMBER ACCOUNT, PASSWORD, AND SECURITY
To open an account, you must complete the registration
process by providing us with current, complete and accurate
information as prompted by the Registration Form. You will
then choose a password and an account name. You are entirely
responsible for maintaining the confidentiality of your
password and account. Furthermore, you are entirely
responsible for any and all activities that occur under your
account. Upon your notification, we will remove your
membership from our active databases as soon as reasonably
possible in accordance with our policy and applicable law.
You agree to notify CaregiverJobs.ca upon your learning of
any unauthorized use of your account or any other breach of
security.
3. USER PRIVACY
It is CaregiverJobs.ca’s policy to respect the privacy of
its members and users. CaregiverJobs.ca will not disclose
any personal information about any user nor will
CaregiverJobs.ca disclose any information about the use of
the Service by any user without that user’s prior permission
unless CaregiverJobs.ca has a good faith belief that such
action is necessary to: (1) conform to legal requirements or
comply with legal process; (2) protect and defend the rights
or property of CaregiverJobs.ca; (3) enforce this Agreement;
or (4) act to protect the interests of its members or
others.
You agree to accept and consent to receiving
email communications initiated from Us or through Us
including, without limitation: message notification emails,
messages and emails from prospective Employers, messages and
emails from candidates, emails informing you about new
services, emails informing You of changes to the Service and
emails informing You of promotions that either
CaregiverJobs.ca provides or that are being provided by
third parties. Should You not wish to receive any of Our
email communications, please do not use our services.
CaregiverJobs.ca does provide certain demographic
information about its users, only in the aggregate form, to
third parties, in particular, to certain advertisers. In
addition, your Internet Protocol address (IP) is transmitted
with each message sent from our web site is stored in our
database. Personal information provided to CaregiverJobs.ca
may be stored outside of the country in which the user
resides.
The Website contains areas that enable users to
send and receive messages and share information. When you
use the web site, you may have the opportunity to disclose,
post, or otherwise upload to publicly accessible portions of
the Website, or share with other users, information and
other content, including but not limited to biographical
information, address, email addresses, telephone numbers,
photographs and stories (collectively, the "Content"). While
we may provide you with these tools and opportunities, we
also wish to remind you that you should choose carefully
which information you post on the Website and that you
provide to other users.
You are required to use the web site responsibly, just as
you would act responsibly when communicating or interacting
with others in your offline communities. As a result, we
expect and require that you take full responsibility for the
Content that you post or send through the Website.
We actively monitor the message that users send through our
web site, but we are not obligated to do so.
CaregiverJobs.ca reserves the right at all times to monitor,
review, retain and/or disclose any information as necessary
to satisfy any applicable law, regulation, legal process or
governmental request.
You agree that CaregiverJobs.ca, from time to time, must
access your account, including its contents, in order to
perform in accordance with the terms and conditions as
stated in this agreement or to respond to service or
technical issues.
4. MESSAGE STORAGE, OUTBOUND MESSAGES AND OTHER
LIMITATIONS
You agree that CaregiverJobs.ca has no responsibility or
liability for the deletion, corruption or failure to store
any messages or other content maintained or transmitted by
our Service.
5. MEMBER CONDUCT
As a condition of using of the Service, you warrant to
CaregiverJobs.ca that you will not use the Service for any
purpose that is unlawful or prohibited by the TOS.
The Service is provided to individuals and companies in the
recruitment business only. You agree to use the Service only
to send and receive personal messages. Any unauthorized
commercial use of the Service, or the resale of its
services, is expressly prohibited. Agencies agree to use the
service only as a recruiting source and must utilize their
own agency materials when presenting to clients.
You agree to abide by all applicable local, state, national
and international laws and regulations and you are solely
responsible for all acts or omissions that occur under your
account or password, including the content of your
transmissions through the Service. By way of example, and
not as a limitation, you agree not to:
1.
Don't violate any applicable local,
state, national and international law or regulation
2.
Defame, abuse, harass, stalk,
threaten or otherwise violate the legal rights (such as
rights of privacy and publicity) of others;
3.
Publish, distribute or disseminate
any inappropriate, profane, defamatory, infringing, obscene,
indecent or unlawful material or information;
4.
Harvest or otherwise collect
information about others, including email addresses, without
their consent;
5.
Create a false identity for the
purpose of misleading others as to the identity of the
sender or the origin of a message;
6.
Use, download or otherwise copy, or
provide (whether or not for a fee) to a person or entity
that is not a Service member any directory of the Service
members or other user or usage information or any portion
thereof other than in the context of the use of the Service
as permitted under the TOS ;
7.
Transmit or upload any material that
contains viruses, trojan horses, worms, time bombs, or any
other harmful or deleterious programs;
8.
Transmit or upload any material that
contains software or other material protected by
intellectual property laws, rights of privacy or publicity
or any other applicable law unless you own or control the
rights thereto or have received all necessary consents;
9.
Attempt to gain unauthorized access
to the Service, other accounts, computer systems or networks
connected to the Service, through password mining or any
other means.
6. PAYMENT AND REFUND POLICY
Users/members that sign up agree to pay CaregiverJobs.ca all
charges at the prices then in effect for any use of the
Site, unless specifically notified otherwise. In addition,
Users/Members authorize CaregiverJobs.ca to charge their
chosen payment provider for use of the Site. Our price list
is part of this Agreement and We reserve the right, at any
time, to change any fees or charges for using the Service.
No refunds or credits will be provided for account
cancellation requests received after the account has been
billed.
7. LINKS TO THIRD PARTY SITES
CaregiverJobs.ca may contain links to third party sites.
Access to any other Internet site linked to this Site is at
your own risk and CaregiverJobs.ca accepts no responsibility
for the accuracy or reliability of any information, data,
opinions, advice or statements made on such sites.
CaregiverJobs.ca provides these links merely as a
convenience and their does not imply an endorsement.
8. DISCLAIMERS/LIMITATION OF LIABILITY
YOUR USE OF THE WEBSITE IS ENTIRELY AT YOUR SOLE
RISK.CAREGIVERJOBS.CA AND ITS PARENTS, SUBSIDIARIES AND
AFFILIATES, AND THEIR RESPECTIVE OWNERS, DIRECTORS,
OFFICERS, EMPLOYEES, LICENSORS, AND AGENTS SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES OR LOSSES (INCLUDING
WITHOUT LIMITATION LOSS OF PROFITS, GOODWILL, USE, DATA OR
OTHER INTANGIBLE LOSSES), WHETHER BASED IN CONTRACT, TORT,
STRICT LIABILITY, OR OTHERWISE, WHICH YOU MAY INCUR IN
CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE
WEBSITE, EVEN IF CAREGIVERJOBS.CA HAS BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES OR LOSS. SOME JURISDICTIONS DO
NOT ALLOW THE LIMITATION OF LIABILITY FOR INCIDENTAL OR
CONSEQUENTIAL DAMAGES, AND AS A CONSEQUENCE SOME OF THE
ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
CaregiverJobs.ca does not meet or screen any
applicant or employer using this site. You assume full
responsibility for the hiring process. Advice given through
this website should not be substituted for independent legal
or professional counsel. The advice provided by this website
is intended as a guide for employers, job seekers and
agencies to aid them in a hiring process. The information
and services included in or available through the Service
may include inaccuracies or typographical errors. Changes
are periodically added to the information herein.
CaregiverJobs.ca and/or its respective suppliers may make
improvements and/or changes in the Service at any time.
CaregiverJobs.ca does not represent or warrant that the
Service will be uninterrupted or error-free, that defects
will be corrected, or that the Service or the server that
makes it available are free of viruses or other harmful
components. CaregiverJobs.ca does not warrant or represent
that the use or the results of the use of the Service or the
materials made available as part of the Service will be
correct, accurate, timely, or otherwise reliable.
You specifically agree that CaregiverJobs.ca shall not be
responsible for unauthorized access to or for the alteration
of transmissions, data or any material sent or received or
not sent or received, or any transactions entered into
through the Service. You specifically agree that
CaregiverJobs.ca is not responsible or liable for any
threatening, defamatory, obscene, offensive or illegal
content or conduct of any other party or for any
infringement of another’s rights, including intellectual
property rights. The user specifically agrees that
CaregiverJobs.ca is not responsible for any content sent
using and/or included in the Service by any third party.
CaregiverJobs.ca acts as a passive conduit for the online
distribution and publication of information and has no
obligation to screen communications or information in
advance and is not responsible for screening or monitoring
material posted by users.
You assume all risk when using the Services,
including but not limited to all of the risks associated
with any online or offline interactions with users or
members of the site. You agree to take all necessary
precautions, when interacting with others users or members
of the site.
CAREGIVERJOBS.CA AND/OR ITS RESPECTIVE
SUPPLIERS MAKE NO REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, AVAILABILITY, TIMELINESS, AND ACCURACY OF THE
SERVICE FOR ANY PURPOSE. THE SERVICE IS PROVIDED "AS IS"
WITHOUT WARRANTY OF ANY KIND. CAREGIVERJOBS.CA AND/OR ITS
RESPECTIVE SUPPLIERS HEREBY DISCLAIM ALL WARRANTIES AND
CONDITIONS WITH REGARD TO THE SERVICE, INCLUDING ALL IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
IN NO EVENT SHALL CAREGIVERJOBS.CA AND/OR ITS SUPPLIERS BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL,
SPECIAL, CONSEQUENTIAL DAMAGES OR ANY DAMAGES WHATSOEVER
INCLUDING, WITHOUT LIMITATION, DAMAGES FOR LOSS OF USE, DATA
OR PROFITS, ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE
USE OR PERFORMANCE OF THE SERVICE OR RELATED WEB SITES, WITH
THE DELAY OR INABILITY TO USE THE SERVICE OR RELATED WEB
SITES, WITH THE PROVISION OF OR FAILURE TO PROVIDE SERVICES
OR FOR ANY INFORMATION, SOFTWARE, PRODUCTS, SERVICES AND
RELATED GRAPHICS OBTAINED THROUGH THE SERVICE, OR WITH ANY
OTHER USE OF THE SERVICE, WHETHER BASED ON CONTRACT, TORT,
NEGLIGENCE, STRICT LIABILITY OR OTHERWISE, EVEN IF
CAREGIVERJOBS.CA OR ANY OF ITS SUPPLIERS HAS BEEN ADVISED OF
THE POSSIBILITY OF DAMAGES. BECAUSE SOME
STATES/JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF YOU
ARE DISSATISFIED WITH ANY PORTION OF THE SERVICE, OR WITH
ANY OF THESE TERMS OF USE, YOUR SOLE AND EXCLUSIVE REMEDY IS
TO DISCONTINUE USING THE SERVICE AND ITS RELATED WEB SITES.
YOU AGREE THAT ANY CAUSE OF ACTION YOU MIGHT HAVE ARISING
OUT OF OR RELATED TO THIS SERVICE MUST COMMENCE WITHIN ONE
(1) YEAR AFTER THE CAUSE OF ACTION ACCRUES; OTHERWISE, ANY
AND ALL OF YOUR CAUSES OF ACTION ARE PERMANENTLY BARRED.
9. INDEMNIFICATION
You agree, You shall indemnify and hold harmless, and at
CaregiverJobs.ca' request defend, CaregiverJobs.ca, its
parents, subsidiaries, and affiliates, as well as the
irrespective directors, officers, shareholders, employees,
agents and owners (each, an "Indemnified Party") from and
against any and all claims, proceedings, damages, injuries,
liabilities, losses, costs and expenses (including
reasonable attorneys' fees, an allocation for in-house
counsel, and other legal costs) arising out of your acts or
omissions, including claims resulting from your use of the
Website, your submission, posting or transmission of
information or Content, or any breach of your obligations
set forth in this agreement. You shall reimburse each
Indemnified Party on demand for any costs, expenses and
liabilities incurred by such Indemnified Party to which this
indemnity relates.
10. TERMINATION
CaregiverJobs.ca reserves the right, at its sole
discretion, immediately and without notice, to suspend or
terminate your account.
At such time as the use of the service is discontinued,
CaregiverJobs.ca shall have no obligation to maintain any of
the content relative to your account, nor shall
CaregiverJobs.ca have any obligation to forward any unread
or unsent messages to you or any third party.
11. NO SPAM; DAMAGES
CaregiverJobs.ca will immediately terminate any account
which it believes, in its sole discretion, is transmitting
or is otherwise connected with any spam or other unsolicited
bulk email. In addition, because damages are often difficult
to quantify, if actual damages cannot be reasonably
calculated, then you agree to pay CaregiverJobs.ca
liquidated damages of $10 (CAN) for each piece of spam or
unsolicited bulk email transmitted from or otherwise
connected with your account, otherwise you agree to pay
CaregiverJobs.ca ’s actual damages, to the extent such
actual damages can be reasonably calculated.
12. PARTICIPATION IN PROMOTIONS OF ADVERTISERS
Any dealings you might have with advertisers on the Service
or with promotions offered to you, including the delivery of
and the payment for goods and services, and any other terms,
conditions, warranties or representations associated with
such dealings or promotions, are solely between you and the
advertiser or other third party. CaregiverJobs.ca shall not
be responsible or liable for any part of any such dealings
or promotions.
13. PROPRIETARY RIGHTS TO CONTENT
You acknowledges that content, including but not limited to
text, software, music, sound, photographs, video, graphics
or other material contained in either sponsor advertisements
or electronically distributed, commercially produced
information presented to you by the Service, by
CaregiverJobs.ca, or CaregiverJobs.ca’s advertisers or other
content providers, is protected by copyrights, trademarks,
service marks, patents or other proprietary rights and laws.
You may make a copy of this content only for your personal,
non-commercial use, provided that you keep all copyright and
other proprietary notices intact. You may not modify, copy,
reproduce, republish, upload, post, transmit, or distribute
in any way content available through the Service and its
associated Web sites, including code and software.
You represent and warrant to CaregiveJobs.ca
that the information posted in Candidate profile or Employer
Profile, including Your photograph, is posted by You and
that You are the exclusive author of Your profile and the
exclusive owner of Your photographs. By submitting Content
to CaregiverJobs.ca You grant us a royalty-free, worldwide,
non-terminable, non-exclusive license to use, reproduce,
modify, adapt, edit, market, publish, store, distribute,
have distributed, publicly and privately display,
communicate, publicly and privately perform, transmit, have
transmitted, create derivative works based upon, and promote
such Content (in whole or in part) in any medium now known
or hereafter devised, for editorial, commercial, promotional
and all other purposes including, without limitation, the
right to publish your name in connection with your Content;
and the right to sublicense any or all of these rights.
14. MODIFICATIONS TO TERMS OF SERVICE, MEMBER POLICIES
CaregiverJobs.ca reserves the right to change the TOS or
policies regarding the use of the Service at any time and to
notify the user by posting an updated version of the TOS on
this Web site. The users are responsible for regularly
reviewing the TOS. Continued use of the Service after any
such changes shall constitute their consent to such changes.
15. COPYRIGHT AND TRADEMARK NOTICES:
You acknowledge and agree between you and the Service, that
that CaregiverJobs.ca (hereinafter sometime referred to
collectively as "Owners") own all of the forms, documents
and the contents of this Service (hereinafter "Documents").
You agree that no right, title or interest in or to any
trademark, service mark, logo or trade name of the Owners is
granted under this Agreement and that title to all such
documents is retained by said Owners. You agree, stipulate
and consent that all Documents are copyright protected and
are trademarks owned by the Owners and that you will not
reproduce, modify or publish any and all of the Documents
for any commercial purpose without the express written
consent of said Owners. © Copyright 2010 CaregiverJobs.ca
All Rights Reserved. Please review our Privacy Policy.
16. GOVERNING LAW, JURISDICTION AND VENUE
Use of the Service is unauthorized in any jurisdiction that
does not give effect to all provisions of these terms and
conditions, including without limitation this paragraph.
This agreement is governed by the laws of the State of New
York CaregiverJobs.ca and exclusive venue for any dispute
arising out of the use of the Service shall be in the New
York Circuit Court By consent of the parties, no other court
or tribunal in this country or in any other country shall
have jurisdiction relative to any dispute arising out of
this Service.
17. GENERAL
You agree that no joint venture, partnership, employment, or
agency relationship exists between you and CaregiverJobs.ca
as a result of this agreement or use of the Service.
CaregiverJobs.ca ’s performing of all Services is subject to
existing laws and legal process, and nothing contained in
this agreement is in derogation of CaregiverJobs.ca ’s right
and/or obligation to comply with governmental, judicial and
law enforcement requests or requirements relating to your
use of the Service or to the information provided to or
gathered by CaregiverJobs.ca with respect to your use of the
Service.
18. SEVERABILITY
If any part of this agreement is determined to be invalid or
unenforceable pursuant to applicable law including, but not
limited to, the warranty disclaimers and liability
limitations set forth above, then the invalid or
unenforceable provision will be deemed superseded by a
valid, enforceable provision that most closely matches the
intent of the original provision and the remainder of the
agreement shall continue in effect.
19. INTEGRATION
Unless otherwise specified herein, this agreement
constitutes the entire agreement between the user and
CaregiverJobs.ca with respect to the Service and it
supersedes all prior or contemporaneous communications and
proposals, whether electronic, oral or written, between the
user and CaregiverJobs.ca with respect to the Service.
20. LANGUAGE
It is the express will of the parties that this agreement
and all related documents have been drawn up in English. The
section titles in the TOS are solely used for the
convenience of the parties and have no legal or contractual
significance.
21. BINDING
This agreement shall be effective to bind you, your assigns,
agents, representatives, successors, employees and any and
all other persons acting on your behalf. A printed version
of this agreement and of any notice given in electronic form
shall be admissible in judicial or administrative
proceedings based upon or relating to this agreement to the
same extent and subject to the same conditions as other
business documents and records originally generated and
maintained in printed form.
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