These terms are a legal agreement between HRPLATFORM™.COM, a division of Recruitment MastersTM Inc. (“we” or “us”) and you. You should read all the terms before indicating acceptance. These terms apply to the HRPLATFORM.COM™ online platform and software and any updates, upgrades, supplement, new features. By using our online services and software, you accept these terms. If you do not accept them, do not use the services or software. You are bound by these terms even if you do not read all the terms.
a. “Online Services” means the HRPLATFORM™.COM online platform for posting employment positions, posting Personal Data by job seekers, and searching employment opportunities, including any fixes, patches or updates to the platform which may be released by us. The term “Online Services” specifically includes any new features and tools that we may introduce from time to time. The term “Online Services” specifically excludes all User Content and Personal Data;
b. “Personal Data” means all personal information about an identifiable individual input by users, including personal information regarding education, skills, talents, career and work experience and other such information (but excluding business contact information).
c. “User Content” means other data (other than Personal Data) that users may generate through use of the Online System, including job descriptions, comments, reviews, automatic reports, or other content that the Online System permits users to generate.
d. “you” and “your” refer to any users of the Online Services.
2. Your Access: Some areas of the HRPLATFORM™.COM website are accessible without an account. If you access areas of the site without an account, you are still bound by these terms. To access and use certain tools and features of the Online Services, you will be required to register and create an account. If you register and create an account, you are responsible for maintaining the confidentiality of your account information and password. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account.
3. Fees: In order for employers to access additional or enhanced features, you will be required to pay subscription fees. Those subscription fees are payable as set forth in the login page through which you choose your subscription package.
4. Grant of License: You have a license from us to access and use the Online Services for personal use in seeking employment opportunities or for posting employment opportunities, and for no other purpose, during the term of this Agreement. By entering into this Agreement, you grant to us a nonexclusive right and license to us to host, publish and retain archived back-ups of User Content and Personal Data that you upload or submit to us, and to provide access to such User Content and Personal Data to users who use the Online Services.
5. Important Information About Our Services: Depending on your account, the Online Services permit users to post Personal Data and search for employment opportunities. The Online Services permit users to post jobs and employment opportunities. We are not involved in any transactions between you and other users. We merely provide a platform or venue to facilitate such searching or posting activity. You must decide whether to create an account, search employment opportunities, post employment opportunities or input Personal Data, and you accept all consequences of doing any of the foregoing. You must evaluate all information that you receive through the Online Services. We do not vet, confirm, pre-clear, validate or verify any jobs, employment opportunities, nor any users. We do not confirm, pre-clear, validate or verify the education, credentials, work experience, skills, talents, certifications or other qualifications that users may post about themselves. We do not exercise any control over the users, or the employment opportunities, including the quality, validity, accuracy, safety, or legality of such employment opportunities, or the truth or accuracy of user listings. We cannot guarantee that any user will make a job offer, complete a job offer or that the job will correspond to the description, and we disclaim all express or implied warranties regarding any employment opportunities. You must take steps to verify the quality, validity, accuracy, safety, or legality of such employment opportunities that are offered. We cannot guarantee that any user will accept a job offer, be suitable for the posted job, or that the candidate will correspond to the description provided, and we disclaim all express or implied warranties regarding any potential candidates.
Any disputes regarding employment or employment opportunities must be settled between the participating users. We assume no responsibility for any loss, damage, defect, injury, death or expense relating to any use of these Online Services, the employment opportunities or the users involved.
6. Termination Rights:
a. By Us: In the event you breach this Agreement or any other agreement with us, and such breach is not remedied or cured within 10 days of written notice, we may suspend or terminate this Agreement and your access to the Online Services. We may suspend or terminate your account in the event the account is inactive and abandoned by you.
b. By You: You may shut down your account and cease use of the Online Services at any time. We require reasonable written notice from you, to implement our standard security and data-retention policy.
c. Effect of Termination: Once your account is terminated, you will not have access to the contents of that account. You are responsible for backing-up, saving, downloading or deleting any of your User Content or Personal Data, as you wish, prior to the termination of your account. After termination, we reserve the right to delete or keep any User Content or Personal Data remaining on the Online Services for archive purposes.
8. User Content: As an authorized user, you may create and upload User Content as part of your use of the Online Services, as the Online Services permit. We claim no rights in User Content. You represent and warrant that such User Content is complete and accurate, you have rights to upload or input any User Content, and that such User Content will not infringe the rights (including intellectual property and privacy rights) of others. You are responsible for all User Content that you generate, upload or input. We reserve the right to remove or correct User Content if we receive notice of corrections, or if any User Content contravenes our acceptable use standards.
9. Terms for Job Seekers: Job seekers who use the Online Services agree to these additional terms:
a. You consent to being contacted by us or by potential employers (including contact via electronic messages) through the contact information that you provide;
b. All Personal Data input by you must be complete and accurate.
10. Terms for Employers: Employers who use the Online Services must abide by these additional terms and restrictions:
a. You may only use the Online Services in accordance with all applicable privacy and data protection laws, and any Personal Data that you access or use shall only be used for employment purposes. You shall not further disclose any of this Personal Data to any third party;
b. You must take appropriate physical, technical, and administrative steps to protect the privacy of Personal Data accessed by you through the Online Services;
c. You shall not use Personal Data of job seekers for the purpose of:
i. making unsolicited phone calls or faxes or sending unsolicited electronic messages that are unrelated to legitimate job offers or employment opportunities;
ii. contacting job seekers who have withdrawn their consent to be contacted.
11. Acceptable Use: The Online Services may be used only for authorized purposes by users who have agreed to this Agreement. You must comply with all applicable federal, provincial and local laws and regulations. You must also abide by our acceptable use standards, and any acceptable use policy published by us from time to time. You may not:
a. post, input or upload any User Content that is vulgar, obscene, contains explicit or graphic descriptions or accounts of sexual acts or sexual language of a violent or threatening nature or constitutes child pornography under applicable law;
b. threaten bodily harm, destruction of property or otherwise engage in harassment;
c. transmit, post, store, link or distribute any threatening, abusive, harassing, defamatory, libelous, deceptive or fraudulent information or information that is invasive of another’s privacy, or infringes another’s rights;
d. transmit, post, store, link or distribute material that victimizes, harasses, degrades, threatens to harm or intimidates an individual or group of individuals, including without limitation minors, on the basis of religion, gender, sexual orientation, race, ethnicity, age or disability;
e. reverse engineer, decompile or otherwise attempt to decipher any code or any portion of our Online Services for any purpose;
f. use the output of the Online Services for any purpose other than as permitted under this Agreement;
g. delete or revise any portion of our Online Services;
h. distribute, sell, lease, transfer, assign, trade, rent, publish or license the Online Services as a stand-alone service to others;
i. engage in linking or framing of any portion of our sites or our Online Services;
j. aggregate, scrape, harvest or duplicate any portion of our Online Services, including any personal or contact information, or use such personal or contact information for any secondary marketing purposes or unsolicited mass e-mail, or any purpose inconsistent with the purposes of the Online Services;
k. corrupt, falsify or distort any User Content or Personal Data or upload, post or submit User Content that infringes any copyright, or other intellectual property rights, or offends privacy rights, or otherwise offends the standards set by us from time to time; or
l. copy, misuse or duplicate the layout and design of our sites, or the underlying code and database structures, or any of our trade-marks.
12. Intellectual Property Rights: You agree that the Online Services and all object and source-code, trade-marks, intellectual property rights, trade-secrets, and know-how related thereto, are owned by us or our licensors, and you will not contest or challenge such ownership. All other company names and logos displayed on our sites may be trade-marks of their respective owners.
14. Indemnity. You agree to indemnify us from any and all liabilities, costs, claims and expenses, including reasonable solicitor’s fees, related to any breach or violation of this Agreement by you or users of your account, or in connection with (a) the uploading, posting or submission of any User Content or Personal Data by you or users of your account, (b) any breach by you of any representation or warranty, or (c) any other breach by you of this Agreement or any other agreement with us.
15. General Disclaimers: While we strive for accuracy and completeness, we do not provide any guarantee or warranty with respect to any of our Online Services. We expressly disclaim any and all liability in connection with our Online Services. Since some content has been provided by others and/or compiled by us from a variety of sources including third-party providers, it is provided to you “as is” and “as available”. We do not warrant or make any representations of any kind regarding the use or the results of the use of our Online Services, in terms of their correctness, accuracy, reliability, or otherwise. The content on this website could include technical inaccuracies or typographical errors. WE ASSUME NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIM ALL REPRESENTATIONS, WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE USER CONTENT, PERSONAL DATA, OUR ONLINE SERVICES, AND TO ANY MATTER RELATING TO OUR SITES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.
16. RELEASE & LIMITATION OF LIABILITY: IN THE EVENT OF AN ALLEGED LOSS OR CLAIM BY YOU, YOU RELEASE AND WAIVE ANY CLAIMS AGAINST US. IN NO EVENT WILL WE BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE THE ONLINE SERVICES, OR THE PERFORMANCE OF THIS SITE OR THE USER CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN ANY EVENT, YOU AGREE THAT (A) OUR AGGREGATE LIABILITY FOR DAMAGES SHALL BE LIMITED TO THE AMOUNT OF THE SUBSCRIPTION FEE, IF ANY, PAID BY YOU OR THE CORPORATE ENTITY UNDER WHOM YOU ACCESS THE ONLINE SERVICES; AND (B) ANY SUCH CLAIM MUST BE BROUGHT WITHIN ONE YEAR OF OCCURRENCE.
17. Jurisdiction & Applicable Law: This Agreement shall be governed by and construed in accordance with the laws of the Province of Alberta, Canada and the federal laws applicable therein. In the event of any dispute arising under this Agreement, you agree to submit to arbitration in accordance with Section 18.
18. Dispute Resolution:
a. Arbitration: You agree that all disputes arising out of or in connection with this Agreement, or in respect of any legal relationship associated with or derived from this Agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Calgary, Alberta. The language of the arbitration shall be English. Arbitration fees and reasonable attorneys’ fees of both parties shall be borne by the party that ultimately loses. The award rendered by the arbitrator shall be final and binding, and judgment may be entered upon it in any court having jurisdiction thereof.
b. Exception from Arbitration Agreement: Either party may obtain injunctive relief (preliminary or permanent) and orders to compel arbitration or enforce arbitral awards in any court of competent jurisdiction.
19. Software & Hardware: You must provide your own computer hardware and software necessary to connect to the Online Services. The Online Services may experience temporary downtime as we perform routine maintenance or updates.
20. Beta & Trial Use: From time to time, we may offer use of some or all of the Online Services under beta, trial and/or promotional offers. Such use may be terminated by us at any time without any recourse by you. Because such access is made without charge, and/or may be for pre-release versions, you bear the entire risk of use.
21. Linked Sites: Links available on our sites may link to third-party websites not maintained or controlled by us and we provide these links for your convenience, and we are not responsible for the contents of any linked site.
22. Changes: Changes to this Agreement may be made from time to time by us, and the modified form of the Agreement will take effect 15 days after posting on our site(s). Continued use of the Online Services after the effective date will indicate your acceptance of the amended terms. No amendment shall apply to any dispute of which we had actual notice on the date of amendment, or to any dispute which arose prior to the date of amendment. To improve our systems, we reserve the right to change or remove any of our content, functionality or features from the Online Services, in whole or in part, at our sole discretion, at any time, without notice.
23. Survival: All terms which require performance by the parties after the expiry or termination of this Agreement, will remain in force despite this Agreement’s expiry or termination for any reason. The following terms shall survive the termination of this Agreement: 6, 9, 12, 14, 15, 16, 17 and 18.
24. Miscellaneous: You may not assign or transfer the rights granted to you under this Agreement without our prior written consent. We may assign this Agreement to a third-party upon written notice to you. This Agreement constitutes the entire agreement between us and you with respect to your use of the Online Services. Any failure by us to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the terms and conditions of this Agreement are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions. The parties have required that this Agreement and all related documents be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais. This Agreement may be agreed to by electronic acceptance, or may be executed by facsimile or other digital copy.
END OF TERMS