Please read these Terms of Use carefully before using the mbjobs.ca site (the “Site”). By becoming a member or by using the Site, you acknowledge your agreement and acceptance of these terms. If you do not agree to all of the following terms and conditions, refrain from using the Site.
The Site is owned and operated by HR ADWORKS Ltd. (“HR ADWORKS”).
The Site reserves the right, as its sole discretion, to change these terms from time to time, and your accessing the Site will be deemed to be your acceptance of any changes, it is your responsibility to periodically review the Terms of Use. The terms "User" and "you" refer to all individuals accessing the Site.
- Acceptable Use of the Site
- Prohibited Uses
- User Information
- Intellectual Property Rights
- Limitation of Liability
- Links to other Sites
- Termination
- Indemnity
- Jurisdiction
- Complete Agreement
1. ACCEPTABLE USE OF THE SITE
1.1 General Use Rules. The Site is intended for individuals seeking job opportunities and for employers seeking individuals for positions. You may use the Site only for lawful purposes within the stated context of HR ADWORKS’ intended and acceptable use of the Site. HR ADWORKS is the sole interpreter of the Site’s intended and acceptable use.
1.2 License to Use Site by Job Seekers. You must be 18 years of age or older to use the Site. By visiting the Site and or accepting these Terms of Use, you represent and warrant to HR ADWORKS that you are 18 years of age or older. HR ADWORKS hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the information on the Site solely for your personal, non-commercial use. As your use of the Site is a privilege, HR ADWORKS reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.
1.3 License to Use by Users who are Employers. HR ADWORKS hereby grants you a limited, terminable, non-exclusive right to access and use the Site only to seek individuals for positions in your business. This authorizes you to view and download a single copy of the information on the Site directly related to the purpose of searching and recruiting candidates. You agree to use the downloaded information solely for the non-commercial purpose of searching and recruiting candidates. HR ADWORKS reserves the right to suspend or terminate your access and use at any time if HR ADWORKS determines that you are in breach of any of these Terms of Use.
2. PROHIBITED USES
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2.1 General Prohibition. You will not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms of Use or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms of Use.
2.2 Specific Prohibited Uses.
As a User, you agree you will NOT:
- Impersonate another person, living or dead;
- Post any incomplete, false or inaccurate biographical information or information which is not about you;
- Post 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 (no significant salary), requires recruitment of other members, sub-distributors or sub-agents;
- Delete or revise any material posted by any other person or entity;
- Use any device, software or routine to interfere or attempt to interfere with the proper working of the Site or any activity being conducted on the Site;
- Take any action which imposes an unreasonable or disproportionately large load on the Site’s infrastructure;
- Disclose to or share your password with any third parties or use your password for any unauthorized purpose;
- Attempt to decipher, decompile, disassemble or reverse-engineer any of the software comprising or in any way making up a part of the Site;
- Aggregate, copy or duplicate in any manner any of the materials or information available from the Site;
- Frame or link to any of the materials or information available from the Site;
- Use copyrighted material (unless you own the copyright or have the owner's permission to post the copyrighted material);
- Provide information that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others;
- Communicate anything that is sexually explicit, obscene, libellous, defamatory, threatening, harassing, abusive, or hateful or anything that is embarrassing or offensive to another person or entity.;
- Make any unauthorized commercial uses of the Site;
- Post an ad other than for an employment position; or
- Post any material that is in violation of applicable laws and regulations.
2.3 Specific Conduct Rules:
- You may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer's business by our competitors are prohibited.
- You may not send unsolicited commercial emails to Users.
- You are responsible for protecting your password and maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. You will not share your password with non-users. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify HR ADWORKS immediately of any change in information or any unauthorized use of your registration and password.
- You will report inappropriate postings or conduct to HR ADWORKS.
- HR ADWORKS is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.
2.4 Specific Security Rules:
- Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation:
- Accessing data not intended for such User or logging into a server or account which the User is not authorized to access;
- Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization;
- Attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, "flooding", "mail bombing" or "crashing";
- Sending unsolicited e-mail, including promotions and/or advertising of products or services;
- Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.
- Violation of these Specific Security Rules may result in civil or criminal liability. HR ADWORKS will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.
3. USER INFORMATION
3.1 User acknowledges that:
- The Site acts as a venue for employers to post job opportunities and candidates to post Résumés and does not screen or censor the listings offered;
- HR ADWORKS is not involved in the actual transaction between employers and candidates;
- HR ADWORKS is not an employer with respect to your use of the Site and HR ADWORKS shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Site;
- HR ADWORKS is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users;
- HR ADWORKS does not guarantee that information posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions, for whatever reason made, made by any User;
- HR ADWORKS has no control over the information provided by other Users, including 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;
- The Site may contain inaccuracies or typographical errors. HR ADWORKS makes no representations about the accuracy, reliability, completeness, or timeliness of the Site and does not warrant that the Site will operate error-free;
- 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; and
- Nothing on the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its Web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.
3.2 User agrees that:
- You assume all risks associated with dealing with other users with whom you come in contact through the Site;
- You release HR ADWORKS (and our agents and employees) from claims, demands and damages (contractual and extra-contractual, actual and consequential, direct and indirect, punitive) 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; and
- You are solely responsible for the form, content and accuracy of any Résumé or material contained therein placed by you on the Site. Employers are solely responsible for their postings on the Site.
4. Intellectual Property Rights
The Site and all rights, title and interest in and to the Site is the sole property of HR ADWORKS or its licensors, and is protected by Canadian copyright law and international treaties. Except for the limited licenses expressly granted to you in these Terms of Use, HR ADWORKS reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute any information on the Site, or use it in any other way for public or commercial purposes. This includes copying or adapting the HTML code used to generate web pages on the Site. "mbjobs.ca", the Company design logo and certain other names or logos are service marks or trademarks of HR ADWORKS, and all related product and service names, design marks and slogans are the service marks or trademarks of HR ADWORKS. In addition, the "look" and "feel" of the Site (including colour combinations, button shapes, layout, design and all other graphical elements) are also protected by HR ADWORKS’ trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
5. LIMITATION OF LIABILITY
5.1 No Warranties. HR ADWORKS does not warrant that the Site will operate error-free or that the Site and its servers are free of computer viruses or other harmful mechanisms. If your use of the Site results in the need for servicing or replacing equipment or data, HR ADWORKS is not responsible for those costs.
The Site and all information contained on the Site are provided on an "as is" basis without any warranties of any kind. HR ADWORKS, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, quality, fitness for particular purpose and non-infringement. HR ADWORKS makes no warranties about the accuracy, reliability, completeness, or timeliness of the information, services, software, text, graphics, and links.
5.2 Disclaimer of Consequential Damages. In no event shall HR ADWORKS, its suppliers, or any third parties mentioned on the Site be liable for any damages whatsoever, whether for bodily, moral or information injury (including, without limitation, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Site and the information, whether based on warranty, contractual or extra-contractual liability, or any other legal theory, and whether or not HR ADWORKS is advised of the possibility of such damages.
6. Links to Other Sites
The Site contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by HR ADWORKS of the contents on such third-party web sites. HR ADWORKS 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.
7. TERMINATION
HR ADWORKS reserves the right, at its sole discretion, to take all necessary action including, but not limited to, deletion of your postings from the Site and immediate termination of your registration with or ability to access the Site and/or any other service provided to you by HR ADWORKS, upon any breach by you of these Terms of Use or if HR ADWORKS is unable to verify or authenticate any information you submit to the Site registration.
8. INDEMNITY
You agree to defend, indemnify, and hold harmless HR ADWORKS, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation, reasonable legal and accounting fees (judicial and extra-judicial), alleging or resulting from your use of the information contained on the Site or your breach of these Terms of Use. HR ADWORKS 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.
9. JURISDICTION
These legal notices are governed by the laws of the Province of Manitoba. You expressly agree that sole and exclusive jurisdiction for any claim involving HR ADWORKS, its officers, directors, employees, agents, contributors and editors, or any related affiliate, shall be in the courts of Manitoba.
10. COMPLETE AGREEMENT
i. Except as expressly provided in a particular legal notice on the Site, these Terms of Use, and any amendments thereof, constitute the entire agreement between you and HR ADWORKS with respect to the use of the Site.
ii. If any provision of these Terms of Use or any other legal notice is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of the legal notices, which shall remain in full force and effect. No waiver of any of any particular legal notice shall be deemed a waiver of any other legal notice.