Terms – Online Job Market

Terms

By using OnlineJobMarket.ca, you are indicating your acceptance to be bound by these Terms and Conditions.  OnlineJobMarket.ca  may revise these Terms and Conditions at any time at its sole discretion by updating this posting. You should visit this page periodically to review the Terms and Conditions because they are binding on you. The terms “You” and “User” as used herein refer to all individuals and/or entities accessing the Job Bank for any reason. The terms “we”, us” and “our” refer to 
OnlineJobMarket.ca. and any of its employees, subsidiaries, or subcontractors and “Job Bank” refers to the service provided by us and offered through  OnlineJobMarket.ca website.

By accepting the terms and conditions, you are aware that we will send automated emails through our system for job mail alerts, resume updates, resume posting, deactivation, instant messaging from employers, refer a friend, etc.  To cancel receiving notifications of this kind you need to log in to the site under your account, go to My Notifications and disable the respective option there.

Specific Prohibited Uses

The Job Bank may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees.  OnlineJobMarket.ca specifically prohibits any use of the Job Bank, and all users agree not to use the Job Bank, for any of the following:

  • Posting any incomplete, false, misleading or inaccurate biographical information or information which is not your own accurate resume (living individual seeking employment on a full-time or part-time basis on his or her own behalf).
  • Posting any franchise, pyramid scheme, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents, except as permitted in writing by the director on a case by case basis, with the understanding that such permission may be unreasonably withheld or revoked without reason or notice.
  • Posting any business opportunity whose operation may be contrary to law.
  • Deleting or revising any material posted by any other person or entity.
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of the Job Bank or any activity being conducted on the Job Bank.
  • Taking any action which imposes an unreasonable or disproportionately large load on the Job Bank’s infrastructure.

Cancellation Policy

(Note: This policy applies to companies who purchase
OnlineJobMarket.ca services. OnlineJobMarket.ca reserves the right to adjust this cancellation policy at its own discretion).

1. Cancellation of services where a full up-front payment was received by OnlineJobMarket.ca:
The client must give 30 days written notice of cancellation. This “notice” must be sent to [email protected].
After the 30 day period, the client will be granted a credit for the pro-rated amount of the remaining days of the contract less any discounts that were previously given as an incentive(s) to purchase. This credit may be used for other services which OnlineJobMarket.ca offers, excluding Temporary Staffing Services. This credit will expire after 6 months from the date of issue if not used.

2. Cancellation of services as in 1. above but payment never received by OnlineJobMarket.ca prior to cancellation:
The client must give 30 days written notice of cancellation. This “notice” must be sent to [email protected].
A cancellation fee will be applicable. The cancellation fee will be 25% of the prorated amount still left under the contract. Any discounts previously given as incentives to purchase will be due back to
OnlineJobMarket.ca and will be added to the cancellation fee. In addition, any prorated amounts that were due from the start date to the end of the cancellation period will be due in full.
The full cancellation fee is due within 30 days of invoice. Interest on outstanding amounts will be charged at the rate of 1.5% monthly or 18% per annum, compounded after 30 days.

3. Cancellation of services where payments are made monthly:
The client must give 30 days written notice of cancellation. This “notice” must be sent to [email protected].
A cancellation fee will be applicable. The cancellation fee will be 25% of the amount(s) due under the contract. In addition, any discounts previously given as incentives to purchase will be due back to
OnlineJobMarket.ca and will be added to the cancellation fee. Any amounts that fall due within the written notice of cancellation period will be due as normal. Any amounts that were previously owing will still be due.

The full cancellation fee is due within 30 days of invoice. Interest on outstanding amounts will be charged at the rate of 1.5% monthly or 18% per annum, compounded after 30 days.

On-Line Purchases:

No refunds for services purchased on-line (credit may be obtained for alternate services, please contact your Sales Representative)

User Submissions 

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Job Bank you agree not to, do the following things:

  1. Post any incomplete, false, misleading or inaccurate information about yourself, your organization, and/or your postings. Further, organizations and/or individuals which represent hiring organizations must identify themselves as such on the site during the signup process and must not otherwise misrepresent themselves or the positions that they post;
  2. Post multiple times or duplicate resumes within a 180-day period. The posted resumes remain on the site indefinitely. The posted jobs are on the site for 30 days but could remain longer. If a user wants their information or material removed prior to that, they are encouraged to do it online;
  3. Impersonate another person or entity, including without limitation a  OnlineJobMarket.ca employee or agent, an authorized user of 
    OnlineJobMarket.ca services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity; 
  4. Print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company;
  5. Communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities;
  6. Use an e-mail address that you do not own or for which you do not have the express permission of the owner to use;
  7. Post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; 
  8. Post material that reveals trade secrets, unless you own them or have the permission of the owner;
  9. Post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; 
  10. Post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
  11. Post a sexually-explicit image or statement;
  12. Post advertisements or solicitations of business, post chain letters or pyramid schemes;
  13. Post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;
  14. Forge any TCP/IP packet header or any part of the header information in any e-mail or posting.

YOU MAY NOT SPAM OUR EMPLOYERS OR RECRUITERS OR CANDIDATES WHOSE RESUMES APPEAR ON THE JOB BANK. YOU MAY NOT RESPOND TO A JOB LISTING OTHER THAN IF YOU ARE APPLYING FOR THAT JOB ON BEHALF OF YOURSELF. RECRUITERS MAY NOT USE ALLOCATED JOB LISTINGS OTHER THAN TO LIST AVAILABLE JOBS.


OnlineJobMarket.ca does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

OnlineJobMarket.ca acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users.
If notified by a user of communications which allegedly do not conform to these Terms and Conditions, OnlineJobMarket.ca may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. 
OnlineJobMarket.ca has no liability or responsibility to users for performance or nonperformance of such activities.


OnlineJobMarket.ca
reserves the right to expel users and prevent their further access to the Job Bank for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. OnlineJobMarket.ca may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for 
OnlineJobMarket.ca or may cause OnlineJobMarket.ca to lose (in whole or in part) the services of its ISPs or other suppliers.

The Company’s Liability

The  OnlineJobMarket.ca  Job Bank is only a forum. The Job Bank acts as a forum for:

  1. Employers to post job opportunities and
  2. Candidates to post their own resumes

OnlineJobMarket.ca does not screen or censor the listings offered, including but not limited to the identity of any user. We are not involved in any actual transactions between employers and candidates. As a result, we have no control over the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Job Bank.

Although you may be providing us with your information, we are not obligated to forward your Information to any employer. We are not employers with respect to you or your use of the Job Bank and we shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Job Bank.

Because user authentication on the Internet is difficult, 
OnlineJobMarket.ca cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on the 
OnlineJobMarket.ca Job Bank, in the event that you have a dispute with one or more users, you release OnlineJobMarket.ca (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Job Bank. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using the Job Bank.

The Material may contain inaccuracies or typographical errors. 
OnlineJobMarket.ca makes no representations about the accuracy, reliability, completeness, or timeliness of the Job Bank or the Material. 
OnlineJobMarket.ca does not correct user misspellings or errors. The use of the Job Bank and the Material is at your own risk. Changes are periodically made to the Job Bank and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Job Bank. Employers are solely responsible for their postings on the Job Bank.

OnlineJobMarket.ca does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user.

WE DO NOT WARRANT THAT THE JOB BANK WILL OPERATE ERROR-FREE OR THAT THE JOB BANK AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEB SITE OR THE MATERIAL RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, WE ARE NOT RESPONSIBLE FOR THOSE COSTS.

THE WEB SITE AND MATERIAL ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND.  OnlineJobMarket.ca, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages

IN NO EVENT SHALL OnlineJobMarket.ca, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEB SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE THE JOB BANK AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Links to Other Sites

The Job Bank contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by 
OnlineJobMarket.ca of the contents on such third-party Web sites. 
OnlineJobMarket.ca is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.

Governing Law

THESE TERMS AND CONDITIONS WHICH FORM PART OF THE USER AGREEMENT, ARE GOVERNED BY THE LAWS OF ONTARIO AND MUST BE INTERPRETED UNDER SAME.
ANY ACTION RELATING TO THIS WEBSITE MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

Infancy

You attest that you are at least 18 years old.

Termination

OnlineJobMarket.ca reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Job Bank and immediate termination of your registration with or ability to access the Job Bank and/or any other service provided to you by OnlineJobMarket.ca, upon any breach by you of these Terms and Conditions or if  OnlineJobMarket.ca is unable to verify or authenticate any information you submit to the Job Bank registration with or ability to access the Job Bank.


Indemnity

OnlineJobMarket.ca reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from the Job Bank and immediate termination of your registration with or ability to access the Job Bank and/or any other service provided to you by  OnlineJobMarket.ca , upon any breach by you of these Terms and Conditions or if  OnlineJobMarket.ca is unable to verify or authenticate any information you submit to the Job Bank registration with or ability to access the Job Bank.

Indemnity

You agree to defend, indemnify, and hold harmless  OnlineJobMarket.ca, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. 
OnlineJobMarket.ca shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.