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Terms and conditions
TERMS AND CONDITIONS
These terms and conditions of use apply to this website (the "site").
References in these terms and conditions to the site include the following
websites (and all associated web pages): www.contak.ca. This site, including not
exclusively the software (the "software") used to match candidates and potential
employers (the "service") is owned and operated by Contak Inc. References to
"we", "us" or "our" are herein to Contak and also include, where applicable, our
affiliates, service providers, suppliers and sub-contractors. We are located at:
134 Main East Suite 201 Hawkesbury, Ontario K6A 1A3
PLEASE READ THESE TERMS AND CONDITIONS OF USE
CAREFULLY BEFORE USING THIS SITE.
Acceptance
By accessing or using this Site or otherwise expressing your consent, you
agree to be bound by these terms and conditions and the documents the documents
pertaining to them, and, to the best of your knowledge, you confirm the
information you provide to the Company, its representatives or agents, is
complete and accurate. A false statement may disqualify you from placement or
result in subsequent termination for just and reasonable cause if you are placed
by the Company. The second person plural (the terms "you", "your" and ‘‘yours’’,
as used in these terms and conditions, refer to all individuals and/or entities
accessing or using this Site for any reason. If you do not agree or accept any
of the terms and conditions hereby implied and stated, you must stop using this
site immediately. If you have any question related to this site, please contact
our customer support at info@contak.ca.
Modifications
Contak may, using its entire and sole discretion, revise these terms and
conditions at any time or point and without any prior notice or liability to you
or any other person, by updating this posting. You should visit this page
periodically to review these terms and conditions for any change or update,
since you have to abide by them.
Eligibility
The Site is intended for and directed to residents of Canada
who have reached the age of majority in their jurisdiction of residence and can
legally be bound through agreements and contracts under applicable law.
Accessibility
At Contak, we are committed to providing accessible service
to people with disabilities and to providing a safe, dignifying and welcoming
environment for everyone. We are committed to meeting the needs of people with
disabilities in a timely manner and we will do so by preventing and removing
barriers to accessibility and meeting the accessibility requirements under the
Accessibility for Ontarians with Disabilities Act, 2005 ("AODA"). If you
encounter any problem accessing this Site or any information it may contain,
please contact us at customerservice@randstad.ca and/or consult our full AODA
policy available at: info@contak.ca.
Privacy Policy
By using the Site and/or the Service, you may disclose personal information
to Contak Inc. Contak collects, uses, and discloses information regarding your
use of the Site and your personal information in accordance with our Privacy
Policy, the terms and conditions of which are incorporated herein by reference.
We will use information you supply (including, but not exclusively, sensitive
personal data) to help the recruiting process and associated administrative
functions. This involves us processing and storing information (including,
without limitation, sensitive personal data) and sharing or making available
online such information to potential employers and clients. Information related
to vacancies and placements will be shared with candidates and may be posted
directly on the Site. We use third parties to help us process your information
as part of the recruiting process. We may collect and aggregate data with the
information you provide to help us profile our users as a group so that we can
provide you with a better service. We may also share aggregate information with
selected third parties, without disclosing identity or information that may lead
to identification. You consent to us using information you provide (including,
but not exclusively, sensitive personal data) in each of these ways. We will
process any data you provide in completing the online registration or
application forms and any further form, assessment or personal detail you
complete or provide to us when using this Site in accordance with data
protection legislation. By accepting these terms and conditions and every time
you use the site or the service, you consent to Contak collecting, using and
disclosing personal information in accordance with our Privacy Policy, including
any update, without any further notice to you or any liability toward you or any
other person.
You agree not to alter, circumvent or delete any intellectual property notice
that is part of the Site. You must not use any part of the content on our Site
for commercial purposes without obtaining a licence to do so, either through us
or our licensors. If you print, copy or download any part of our Site in
non-compliance with these terms and conditions, your right to use our Site will
cease immediately and you must, at our request, return or eliminate any copy of
the material you have made or obtained. Nothing on the Site shall be construed
as granting, by implication or otherwise, any license or right to use any
intellectual property right without our prior express written consent.
Information Submitted by You and Site
Communications
You may only use this Site for lawful purposes when seeking employment or
help with your career. You must not under any circumstances seek to undermine
the security of the Site or any information submitted to or available through
it. In particular, but not exclusively, you must not seek to access, alter or
delete any information to which you do not have authorized access, to overload
the system via spamming or flooding, to take any action or use any device,
routine or software to crash, delay, damage or otherwise interfere with the
operation of this Site or attempt to crack, dismantle or modify any of the
software, coding or information comprised in the Site. You are solely
responsible for any information submitted by you to this Site and for ensuring
that such information is true, accurate, updated and not misleading or likely to
mislead or deceive and that it is not discriminatory, obscene, offensive,
defamatory or otherwise illegal, unlawful or in breach of any applicable
legislation, regulation, guidelines or code of practice or the copyright,
trademark or other intellectual property rights of any person in any
jurisdiction. You are also responsible for ensuring that all information, data
and files are virus-free or other routines or engines that may damage or
interfere with any system or data prior to being submitted to this Site. We have
the right to remove any information supplied by you from the Site at our entire
and sole discretion, at any time and for any reason without any explanation
required.
Accuracy of Information
Although we make every effort to ensure that the information on this Site is
accurate and complete, some of the information is supplied to us by third
parties and we are not able to check the accuracy, extent or completeness of
that information. We do not accept any liability arising from any inaccuracy or
omission in any of the information on this Site or any liability for information
on this Site supplied by you, any other user of the Site or any other person.
No Legal Advice
Any Content on the Site is provided to inform on us and our products and
news, features, services and other websites, which may be of some interest. It
does not constitute technical, financial or legal advice or any other type of
advice and should not be relied on for any purpose. You should obtain qualified
professional advice and recommendations before taking any action or committing
to any action that would be based upon any information provided on or via the
Site.
Availability of the Site
While we make commercially reasonable efforts to ensure that the Site is
available, we do not represent, warrant or guarantee in any way the Site’s
continued availability at all times or uninterrupted use by you of the Site.
Contak has the right to suspend or adapt the service provided to you on the
Site, the Site, or any part thereof, at any time at Contak’s entire and sole
discretion and either with or without prior notice to you.
Limitation of Liability
Nothing in these terms of use excludes or limits our liability for death or
personal injury arising from our negligence, or our fraud or fraudulent
misrepresentation, or any other liability that cannot be excluded or limited by
applicable law.
To the extent permitted by law, we exclude all conditions, warranties,
representations or other terms which may apply to our Site or any content on it,
whether express or implied. We will not be liable to any user for any loss or
damage, whether in contract, tort (including negligence), breach of statutory
duty, or otherwise, even if foreseeable, arising under or in connection with:
use of or inability to use our Site; or
use of or reliance on any content displayed on our Site.
If you are a business user, please note that, in particular, we will not be
liable for:
loss of revenue, sales, business or profit;
operations
interruption;
loss of projected savings;
loss of business opportunity, - goodwill or reputation; or
any indirect or consequential loss or damage.
We will not be liable for any loss or damage caused by a virus, distributed
denial-of-service attack, or other technologically harmful material that may
infect your computer equipment, software, data or other proprietary material due
to your use of our site or to your downloading of any part of it or that of any
website linked to it. We assume no responsibility for the content of websites
linked on our Site. Such links should not be interpreted as an endorsement on
our part. We will not be liable for any loss or damage that may arise from your
use of them. Some of the goods or services offered through this Site may not be
lawful or may otherwise not be permitted in certain countries. If you attempt to
order, receive, purchase or otherwise benefit from any such good or service, we
do not accept any liability for any loss you may suffer in using this Site,
which you would not have suffered had you been accessing this Site as a Canadian
resident (including as a result of us being prevented from dealing with any
application or enquiry by any law, regulation or other ruling applicable in any
country).
Indemnity
You agree to indemnify, defend and not harm Contak, its affiliates, its
service providers, its suppliers and its sub-contractors, as well as their
respective agents, directors, officers, employees, information providers,
service providers, suppliers, subcontractors, licensors and licensees
(collectively, the "Indemnified Parties"). You agree to have them free from all
liabilities, expenses and costs, including
without limitation reasonable legal fees and expenses, incurred by the
Indemnified Parties in connection with any claim or demand arising from, related
to, or connected with your use of the Site or your non-compliance with these
terms and conditions. You also agree to assist and cooperate as fully as
reasonably required by the Indemnified Parties in the defense of any such claim
or demand.
Hyperlinks and Third Party Sites
Through this website, you will be offered automatic links to other websites
which may appeal to you. We do not accept any responsibility or liability as to
the content of those websites, the owners of which do not necessarily have any
connection, commercial or otherwise, with us. Using automatic links to gain
access to such websites is entirely at your own risk.
Termination
We have the right, in our entire and sole discretion, to terminate any
service related to the Site and remove any material from the Site. We may also
terminate your access to the Site or the Service, or any part thereof, at any
time, with or without cause or notification, for any reason. If you want to
terminate your account, you may only stop using the Site. We will then not be
responsible for maintaining or returning any of your submissions or other
material you have provided to us.
Exclusive Jurisdiction
These terms and conditions, as well as any matter applicable to your direct
or indirect use of this Site, shall be governed by the laws of the Province of
Ontario and the Federal laws applicable in the Province of Ontario. Any dispute
shall be settled in the courthouses of Ontario, though the foregoing shall not
limit the ability of Contak from seeking injunctions and remedies in other
jurisdictions if they are deemed required for you to stop breaching this
Agreement.