IMPORTANT! YOUR ACCESS TO THIS WEBSITE IS SUBJECT TO LEGALLY BINDING
TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND
CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY CLICKING
THE “I ACCEPT” BUTTON, BELOW IS THE EQUIVALENT OF YOUR SIGNATURE AND
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THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE “EXIT” BUTTON
BELOW.
This Website Legal Terms and Disclaimer (the “Agreement”) is an
agreement between you (“You”) and The JobShelf (the “JobShelf”).
“We” and “Us” means both You and the JobShelf. The effective date of
this Agreement is when You accept or are deemed to accept this
Agreement in accordance with the procedure set out in this
Agreement.You hereby consent to the exchange of information and
documents between Us electronically over the Internet and that this
electronic Agreement shall be the equivalent of a written paper
agreement between Us. Job Listings. The JobShelf may make available
standardized job listings and other job-related contents for
franchised businesses, by linking the job listings to third-party
websites (“Job Listings”), through the JobShelf’s platform or
otherwise through the Site. Job Listings are created and provided by
Indeed Ireland Operations (“Indeed”) over whom the JobShelf
exercises no control; you acknowledge and understand that we have no
control over Job Listings. Except for certain sponsored, featured or
paid placements, the Job Listings contained on, or linked from, the
Site are indexed or posted in an automated manner. The JobShelf does
not have any obligation to screen any Job Listing and may exclude or
remove any Job Listing from the Site for any or no reason. We cannot
confirm the accuracy or completeness or any Job Listing or other
information submitted by any employer or other user, including the
identity of such employer or other user. The JobShelf assumes no
responsibility, and disclaims all liability, for the content,
accuracy, completeness, legality, reliability, or availability of
any Job Listing. You agree that the JobShelf may also provide search
options to narrow down Job Listing descriptors by job type (i.e.
full-time, part-time, etc.), and such job types are created
independently and entirely by Indeed, and are not a direct
reflection of the actual Job Listing.If you are an Employer, when
you create a post a Job Listing on the Site you agree that this
Agreement and all of the JobShelf’s policies, including the JobShelf
Privacy Policy and Cookie Policy, apply to you and to the Job
Seekers using the linked third party sites. The JobShelf is not
responsible for the content of your Job Listing, and the JobShelf
does not guarantee timely delivery or that there will be no mistakes
in the transmission of the data. You agree that the JobShelf assumes
no responsibility for the communications between you and the Job
Seeker, which communications are yours’ and the Job Seekers’ sole
responsibility. You are responsible for the contents of any Job
Listings that you create, any Job Listings that you post. You agree
that the JobShelf may reject or remove any Job Listing for any or no
reason. You shall indemnify, defend and hold harmless the JobShelf,
its agents, affiliates, and licensors from any third-party claim or
liability (including without limitation reasonable legal fees)
arising out of any Job Listing created by you, or posted by you.
External Sites. The Site contains links to other sites on the
Internet such as Indeed which is owned and/or operated by a
third-party vendor and other third parties (the “External Sites”).
You acknowledge that the JobShelf is not responsible or liable for
any such third parties or for the availability of, or the materials
located on or through, the External Sites. You should contact the
site administrator or webmaster for the applicable External Site if
you have any concerns regarding such links or the materials located
on an External Site.In addition, the JobShelf may provide you with
links to certain third party sites that offer you services for your
use or benefit. We may stop offering any such third party sites or
services at any time. If you choose to use such third party sites or
services, you enter into an agreement with such third party alone at
your own risk. When entering into an agreement with such parties,
you are giving them your data directly and your rights and their
obligations are determined by their privacy policies and terms of
service. We are not responsible for any content or services provided
these third parties, and disclaim all liability from anything that
may occur when you utilize such third parties. We are additionally
not responsible for any payment that may be asked of you by such
third party. You will be notified on the site that these are third
party sites and services, and not the JobShelf. Ownership and
Copyright. You acknowledge that any and all information, content,
reports, data, databases, graphics, interfaces, web pages, text,
files, software, product names, JobShelf names, trade-marks, logos
and trade-names contained on this website (collectively the
“Content”), including the manner in which the Content is presented
or appears and all information relating thereto, are the property of
their respective owners as indicated, the JobShelf or its licensors,
as the case may be. Permitted Use. The JobShelf hereby grants to You
a personal, non-transferable and non-exclusive licence to access
read and download one copy of the Content. The JobShelf’s Site is
for your non-commercial use only. If you wish to make commercial use
of the Site, or if you wish to purchase the JobShelf services that
utilize the Site, you must have a prior written agreement with the
JobShelf to do so, or have accepted the JobShelf’s online terms of
service. Please contact us for more information. We reserve the
right at all times (but will not have any obligation) to terminate
users, and reclaim usernames or URLs, for any reason. Restrictions
On Use. You agree that You will not:(i) distribute the Content for
any purpose, including, without limitation, compiling an internal
database, redistributing or reproducing the Content by way of the
press or media or through any commercial network, cable or satellite
system; or(ii) create derivative works of, reverse engineer,
decompile, disassemble, adapt, translate, transmit, arrange, modify,
copy, bundle, sell, sublicense, export, merge, transfer, adapt,
loan, rent, lease, assign, share, outsource, host, publish, make
available to any person or otherwise use, either directly or
indirectly, the Content in whole or in part, in any form or by any
means whatsoever, be they physical, electronic or otherwise. You
shall not permit, allow or do anything that would infringe or
otherwise prejudice the proprietary rights of the JobShelf or its
licensors or allow any third party to access the Content. The
restrictions set out in this Agreement shall not apply to the
limited extent the restrictions are prohibited by applicable law.
License to Use Your Information. With the exception of personal
information, You hereby grant to the JobShelf the perpetual,
unlimited, royalty-free, worldwide, non-exclusive, irrevocable,
transferable license to run, display, copy, reproduce, publish,
bundle, distribute, market, create derivative works of, adapt,
translate, transmit, arrange, modify, sublicense, export, merge,
transfer, loan, rent, lease, assign, share, outsource, host, make
available to any person or otherwise use any information or other
content You provide on or through this website or which is sent to
the JobShelf by email or other correspondence, including, without
limitation, any ideas, concepts, inventions, know-how, techniques or
any intellectual property contained therein, for any purpose
whatsoever. The JobShelf shall not be subject to any obligations of
confidentiality regarding any such information unless specifically
agreed to by the JobShelf in writing or required by law. You
represent and warrant that you have the right to grant the licence
set out above. Personal Information. The JobShelf may from time to
time, but is not obligated to, monitor your use of the website and
collect, store, use and disclose to Indeed personal information
about You to create Your user profile and to help Job Seekers using
Indeed to obtain career and company information, facilitate
communication, discuss ways to make career decisions, and to let
users know of jobs. You hereby consent to such collection, storage,
use and disclosure and waive any right of privacy You may have.YOU
MAY ACCESS, CORRECT AND DELETE YOUR OWN PERSONAL INFORMATION STORED
BY JOBSHELF BY EMAIL TO ASKME@THEJOBSHELF.COM. Limitations on
Liability and Disclaimers.ALTHOUGH THIS WEBSITE USES ENCRYPTION
SECURITY, THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND
TRANSACTIONS ON THIS WEBSITE OR ON THE INTERNET WILL BE MAINTAINED
CONFIDENTIAL AND SECURE. THE USE OF THIS WEBSITE AND THE CONTENT IS
AT YOUR OWN RISK, AND THE JOBSHELF ASSUMES NO LIABILITY OR
RESPONSIBILITY PERTAINING TO THE CONTENT, YOUR USE OF THE WEBSITE
OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF YOUR PERSONAL
INFORMATION.This website may contain links to other sites. The
JobShelf does not assume responsibility for the accuracy or
appropriateness of the information, data, opinions, advice or
statements contained at such sites, and when You access such sites,
You are doing so at Your own risk. In providing links to the other
sites, the JobShelf is in no way acting as a publisher or
disseminator of the material contained on those other sites and does
not seek to monitor or control such sites. A link to another site
should not be construed to mean that the JobShelf is affiliated or
associated with same. THE JOBSHELF DOES NOT RECOMMEND OR ENDORSE ANY
OF THE CONTENT, INCLUDING WITHOUT LIMITATION ANY HYPERLINKS TO, OR
CONTENT FOUND, ON OTHER WEBSITES. The mention of another party or
its product or service on this website should not be construed as an
endorsement of that party or its product or service.The JobShelf
will not be responsible for any damages You or any third party may
suffer as a result of the transmission, storage or receipt of
confidential or proprietary information that You make or that You
expressly or implicitly authorize the JobShelf to make, or for any
errors or any changes made to any transmitted, stored or received
information.You are solely responsible for the retrieval and use of
the Content. You should apply Your own judgement in making any use
of any Content, including, without limitation, the use of the
information as the basis for any conclusions.THE CONTENT MAY NOT BE
ACCURATE, UP TO DATE, COMPLETE OR UNTAMPERED, AND IS NOT TO BE
RELIED UPON.THE CONTENT IS PROVIDED FOR EDUCATIONAL AND
INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE INTERPRETED AS A
RECOMMENDATION FOR ANY SPECIFIC PRODUCT OR SERVICE, USE OR COURSE OF
ACTION. THE CONTENT ON THIS WEBSITE IS NOT INTENDED TO BE USED AS A
SUBSTITUTE OF ANY KIND FOR PROFESSIONAL ADVICE. IT IS YOUR DUTY TO
OBTAIN PROFESSIONAL ADVICE FROM A QUALIFIED PROFESSIONAL TO MEET
YOUR RELEVANT NEEDS. YOU SHOULD NOT ACT OR RELY ON ANY OF THE
CONTENT WITHOUT SEEKING ADVICE OF A QUALIFIED PROFESSIONAL.EXCEPT AS
EXPRESSLY PROVIDED IN THIS AGREEMENT, THIS WEBSITE AND ALL CONTENT,
PRODUCTS, SERVICES AND SOFTWARE ON THIS WEBSITE OR MADE AVAILABLE
THROUGH THIS WEBSITE ARE PROVIDED “AS IS” WITHOUT ANY
REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS, OF ANY KIND,
WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, BUT
NOT LIMITED TO, WARRANTIES AS TO UNINTERRUPTED OR ERROR-FREE
OPERATION, AVAILABILITY, ACCURACY, COMPLETENESS, CURRENTNESS,
RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY,
MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A
PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR
USAGE OF TRADE.IN NO EVENT WILL THE JOBSHELF, ITS AFFILIATES,
AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS
OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL,
PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSE-QUENTIAL DAMAGES,
HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO: DAMAGES FOR LOSS OF
USE, LOST PROFITS OR LOST SAVINGS, EVEN IF THE JOBSHELF OR ANY OF
ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR CLAIM.IN NO EVENT WILL JOBSHELF, ITS AFFILIATES,
AGENTS, LICENSORS, SUPPLIERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS
OR EMPLOYEES BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM:
VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR
PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD PARTY
WEBSITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD PARTY
CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY YOU OR
YOUR RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR
LACK OF AVAILABILITY OF FACILITIES, INCLUDING COMPUTER RESOURCES,
ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THIS WEBSITE OR
THE CONTENT; ANY OTHER WEBSITE ACCESSED TO OR FROM THIS WEBSITE; OR
EVENTS BEYOND THE REASONABLE CONTROL OF THE JOBSHELF, EVEN IF THE
JOBSHELF OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.IN NO CASE WILL THE
JOBSHELF’S, ITS AFFILIATES’, AGENTS’, LICENSORS’, SUPPLIERS’ AND
THEIR RESPECTIVE DIRECTORS’, OFFICERS’ AND EMPLOYEES’ CUMULATIVE
TOTAL LIABILITY ARISING UNDER ANY CAUSE WHATSOEVER (INCLUDING
WITHOUT LIMITATION BREACH OF CONTRACT, TORT, NEGLIGENCE, GROSS
NEGLIGENCE OR OTHERWISE) BE FOR MORE THAN THE AMOUNT PAID BY YOU
UNDER THIS AGREEMENT TO ACCESS THE SITE OR TO PURCHASE A SPONSORSHIP
AD PACKAGE, IN THE YEAR IN WHICH THE CLAIM AROSE.THE JOBSHELF
ASSUMES NO OBLIGATION TO UPDATE THE CONTENT ON THIS SITE. THE
CONTENT ON THIS SITE MAY BE CHANGED WITHOUT NOTICE TO YOU. THE
JOBSHELF IS NOT RESPONSIBLE FOR ANY CONTENT OR INFORMATION THAT YOU
MAY FIND UNDESIRABLE OR OBJECTIONABLE. THE JOBSHELF DISCLAIMS ANY
LIABILITY FOR UNAUTHORIZED USE OR REPRODUCTION OF ANY PORTION OF THE
WEBSITE. ACCESSING THE CONTENT FROM TERRITORIES WHERE IT MAY BE
ILLEGAL IS PROHIBITED.Registration; Contact Information. Some areas
of the Site, including areas that may permit you to set up a
JobShelf account, require you to register or provide an email
address. If you so register, you agree to (a) provide true,
accurate, current and complete information about yourself as
prompted by our registration form (including your email address) and
(b) be responsible for the confidentiality and use of your username
and password, and not transfer or resell your use of or access to
the Site to any third party.The JobShelf is not responsible and
disclaims all liability if your email is used improperly or falsely
by a third party. You agree that the JobShelf may, as part of its
services to you, communicate with you, or initiate communication
with you on behalf of a third party, through your JobShelf account
or through other means such as email, telephone (including mobile
phone), or postal mail, including through the use of contact
information that you may provide to the JobShelf or that the
JobShelf may otherwise obtain from third-party sources. By providing
the JobShelf with a mobile phone number and/or email address, you
expressly consent to receiving communication via such mobile number
and/or email address.Termination. This Agreement is effective until
terminated by the JobShelf, with or without cause, in the JobShelf’s
sole and unfettered discretion. The JobShelf may terminate this
Agreement without notice to You if You fail to comply with any of
its terms. Any such termination by the JobShelf shall be in addition
to and without prejudice to such rights and remedies as may be
available to the JobShelf, including injunction and other equitable
remedies.The disclaimers, limitations on liability, ownership,
termination, interpretation, your licence to the JobShelf, your
warranty and the indemnity provisions of this Agreement shall
survive the termination or expiry of this Agreement. Indemnity. You
agree at all times to indemnify, defend and hold harmless the
JobShelf, its agents, suppliers, affiliates and their respective
directors and employees against all actions, proceedings, costs,
claims, damages, demands, liabilities and expenses whatsoever
(including legal and other fees and disbursements) sustained,
incurred or paid by the JobShelf directly or indirectly in respect
of:(i) any information or other content You provide on or through
this website or which is sent to the JobShelf by email or other
correspondence; or(ii) Your use or misuse of the Content or this
website, including without limitation infringement claims. Governing
Law. The JobShelf, this website and the Content (excluding linked
websites or content) are physically located within the Province of
Ontario, Canada. This website and its Content are intended to be
read by Canadian residents only. This Agreement will be governed by
the laws of the Province of Ontario and the federal laws of Canada,
and shall be treated in all respects as an Ontario contract, without
reference to the principles of conflicts of law. In the event of a
dispute, we agree to submit to the non-exclusive jurisdiction of the
Ontario courts. We expressly exclude the United Nations Convention
on Contracts for the International Sale of Goods, and the
International Sale of Goods Act (Ontario) as amended, replaced or
re-enacted from time to time. You agree to waive any right You may
have to: (i) a trial by jury; and (ii) the commencement of or
participation in any class action against JobShelf related to this
website, the Content, the Job Listings or this Agreement and, where
applicable, You also agree to opt out of any class proceedings
against JobShelf or its licensors. We have required that this
Agreement and all documents relating thereto be drawn up in English.
Nous avons demandé que cette convention ainsi que tous les documents
qui s’y rattachent soient rédigés en anglais. Interpretation. The
division of this Agreement into sections and the insertion of
headings are for convenience of reference only and shall not affect
the construction or interpretation of this Agreement. In this
Agreement, words importing the singular number include the plural
and vice versa; words importing gender include all genders; and
words importing persons include individuals, sole proprietors,
partnerships, corporations, trusts and unincorporated associations.
All references to money amounts in this Agreement, unless otherwise
specified, are in Canadian dollars. Entire Agreement. This Agreement
as it may be amended from time to time in accordance with the
provisions of Section 15, and any and all other legal notices and
policies on this website, constitutes the entire agreement between
You and the JobShelf with respect to the use of this website and the
Content. Amendment and Waiver. The JobShelf reserves the right, in
its discretion, to amend this Agreement at any time by posting
amendments on this website. You are responsible for periodically
reviewing the amendments on this website, and You are deemed to be
aware of such amendments. If You do not agree to the amended terms
and conditions, you shall immediately stop using this website.
Access to this website or use of this website after any amendments
have been posted shall constitute Your acknowledgement and
acceptance of the amended terms and conditions. No supplement,
modification or amendment to this Agreement and no waiver of any
provision of this Agreement shall be binding on the JobShelf unless
executed by the JobShelf in writing. No waiver of any of the
provisions of this Agreement shall be deemed to be or shall
constitute a waiver of any other provision (whether or not similar)
nor shall such waiver constitute a continuing waiver unless
otherwise expressly provided. Severability. Any provision of this
Agreement which is held by a court of competent jurisdiction to be
illegal, invalid or unenforceable in such jurisdiction shall, as to
that jurisdiction, be ineffective to the extent of such illegality,
invalidity or unenforceability and shall otherwise be enforced to
the maximum extent permitted by law, all without affecting the
remaining provisions of this Agreement or affecting the legality,
validity or enforceability of such provision in any other
jurisdiction. Enurement. This Agreement shall inure to the benefit
of and be binding upon each of us and our respective successors and
permitted assigns. You acknowledge having read this Agreement before
accepting it, having the authority to accept this Agreement and
having received a copy of this Agreement. Information or Complaints.
If you have a question or complaint regarding the Site, please
contact us by email at askme@thejobshelf.com. Please note that
communications by email will not necessarily be secure; accordingly,
you should not include credit card information or other sensitive
information in your e-mail correspondence with us. Use of Site by
Minors. The Site is not directed to individuals under the age of
fourteen (14), but if you are under the age of 18 or the age of
majority in your jurisdiction, you must use the JobShelf under the
supervision of a parent or legal guardian, or responsible adult.
