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Terms of Use |
Please read these Terms and Conditions carefully before using this Site. Last Updated
on September 04, 2007
This web site (this "Site") is owned and operated by WorldHR Inc. and its use is
conditional on your acceptance of the following Terms and Conditions. By accessing,
using, and/or downloading messages, information, data, text, software or images,
or other materials from this Site (the "Materials"), and by sending messages, information,
data, text, software or images, or other materials to the Site ("Content"), you
agree on your own behalf and on behalf of any entity on whose behalf you may act
to accept and abide by these Terms and Conditions for each use and each visit of
this Site. If you do not agree to abide by these Terms and Conditions, you should
not use this Site or download or use Materials from it. These Terms and Conditions
apply exclusively to your access to and use of this Site and do not alter the terms
or conditions of any other agreement you may have with WorldHR Inc. In case of inconsistency
between these Terms and Conditions and any other agreement you may have with WorldHR
Inc, the other agreement shall prevail, but only to the extent of the inconsistency.
1. Changes to Terms and Conditions
WorldHR Inc has the right, in its sole discretion, to add to, remove, modify or
otherwise change any part of these Terms and Conditions, including the Privacy Policy,
in whole or in part, at any time. Changes will be effective when notice of such
change is posted at this Site. Please check these Terms and Conditions frequently
for updates by checking the date of "Last Update" at the top of this document. If
any change is not acceptable to you, you must discontinue your use of this Site
immediately. Your continued use of this Site or downloading or use of Materials
from it after any such changes are posted will constitute acceptance of those changes.
2. Changes to this Site
WorldHR Inc may terminate, change, suspend or discontinue any aspect of this Site,
including (i) changing the availability of any features, at any time without notice
or liability; (ii) changing any fees or charges for use of the Site, including instituting
new or increased fees or charges for the use of the Site or any other Site-related
services (the "Services") or any features thereof; (iii) removing, adding, modifying
or otherwise changing any Materials on or from this Site; or (iv) imposing limits
on certain features and Services or restricting your access to parts or all of this
Site without notice or liability for any reason whatsoever. WorldHR Inc reserves
the right but not the duty, in its sole discretion, to correct any errors or omissions
in any portion of this Site at any time without notice.
3. Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking employment
and career information ("job seekers"), and by employers ("Employers") and recruitment
companies ("Recruiters") seeking employees. You agree to use the Site only to send
Content and receive Materials that are proper and related to purpose of the Site.
Subject to these Terms and Conditions, WorldHR Inc grants you a non-exclusive, non-transferable,
limited right to access, use and view this Site and the Materials thereon, solely
for your own personal or internal company use, provided, however, that you may not,
nor may you allow others to, directly or indirectly: (i) remove, from any copy of
the Materials downloaded, the copyright or other proprietary notices contained in
the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in
any way or reproduce or publicly display, perform, or distribute or otherwise use
them for any public or commercial purpose, including without limitation use of the
Materials on any other web site; (iii) transfer the Materials to any other person
without the written consent of WorldHR Inc; (iv) print or copy any of the HTML or
other computer programs that are accessible at this Site; (v) use this Site in any
manner that could damage, disable, overburden or impair this Site; (vi) interfere
with the security of, or otherwise abuse, this Site or any services, system resources,
accounts, servers or networks connected to or accessible through this Site or affiliated
or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment
of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit
on this Site any Content that would negatively affect the functioning of the Site,
including without limitation computer viruses or other harmful, disruptive or destructive
files or computer programs or that imposes an unreasonable or disproportionately
large load on this Site's infrastructure; (ix) use any robot, spider or other automatic
program or device, or manual process to monitor, copy, summarize, or otherwise extract
information from this Site or the Materials in whole or in part; (x) use or attempt
to use another's account, password, service, system or other information without
prior written authorization from WorldHR Inc; (xi) create or use a false identity
on this Site; (xii) attempt to obtain unauthorized access to this Site or portions
of this Site that are restricted from general access; (xiii) transmit on, to or
from this Site spam, chain letters, junk mail or any other type of unsolicited mass
e-mail; (xiv) harvest or otherwise collect information about others, except for
the sole stated purposes provided by this Site, including e-mail addresses, without
their consent; or (xv) register an e-mail address that you do not own or for which
you do not have the express permission of the owner to register.
You may post certain Content to the Site. You may only post Content for the lawful,
stated purposes of this Site. You agree, that in posting Content, you will not,
nor will you allow others to, directly or indirectly: (i) post any incomplete, false
or inaccurate biographical information or information which is not your own accurate
resume; (ii) post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity,
"club membership", distributorship or sales representative agency arrangement or
other business opportunity which requires an up front or periodic payment, requires
recruitment of other members, sub-distributors or sub-agents; (iii) delete or revise
any material posted by any other person or entity; (iv) post or transmit any Content
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
vulgar, obscene, or tortious or materials which infringe or violate any third party's
copyright, trademark, trade secrets, privacy or other proprietary or property right
or that could constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law; (v) impersonate any person or entity, including without
limitation a WorldHR Inc employee or agent, an authorized user of WorldHR Inc Services,
a Job Seeker, an Employer or a Recruiter, or otherwise misrepresenting your affiliation
with any person or entity; (vi) post opinions, notices or advertisements, commercial
or otherwise or solicit business from Recruiters or Employers who post on the Site,
including any solicitation by any of our competitors of Recruiters or Employers
who post on the Site.
WorldHR Inc reserves the right at all times to disclose any Content provided by
you as necessary to satisfy any law, regulation or governmental request, or to edit,
refuse to post or remove any Content, in whole or in part, that at the discretion
WorldHR Inc is objectionable or in violation of these Terms and Conditions.
In addition, you agree that you are solely responsible for actions and communications
undertaken or transmitted in the course of your usage of this Site, and that you
will comply with all laws that apply or may apply to your use of or activities on
this Site or in respect of the Content and Materials. WorldHR Inc 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.
4. Registration and Password
You are responsible for maintaining the confidentiality of your registration information
and password. You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify WorldHR Inc of any unauthorized
use of your registration or password.
5. Proprietary Rights
Limited License and Copyright. This Site, including all Materials, is protected
by Canadian and worldwide copyright laws and treaty provisions. You agree to comply
with all copyright laws worldwide in your use of this Site and to prevent any unauthorized
copying of the Materials. Except as expressly provided herein, WorldHR Inc does
not grant any express or implied right or license to you under any intellectual
property right, including under any patent, trademark, copyright, trade secret,
or confidential information, of WorldHR Inc.
Reservation of Rights. WorldHR Inc Services, methods and processes may be covered
by one or more patents or other statutory intellectual property rights, and are
subject to trade secret and other proprietary rights. WorldHR Inc reserves all such
rights.
Trademarks. The Services names, company names and logos used on this Site may be
trademarks, including registered trademarks of WorldHR Inc. Such Services names,
company names and logos of WorldHR Inc may not be copied, imitated or used, in whole
or in part, without the prior written consent of WorldHR Inc. Other services and
company names mentioned on this Site may be the trademarks of their respective owners.
Software. Any software, including calculator software, as well any files, images
generated by such software, code and data accompanying such software (the "Software"),
used or accessible through this Site is the copyrighted work of WorldHR Inc or its
licensors. Unless provided for elsewhere, you are licensed to use the Software on
a non-exclusive basis for the purposes expressly stated on this Site. Except as
permitted by law, you may not use the Software for any other purpose or attempt
to decipher, de-compile, disassemble or reverse engineer any of the Software comprising
or in any way making up a part of the Site.
6. Links and Third Party Content
Certain links on this Site may take you to other web sites. WorldHR Inc provides
these links only as a convenience. These linked sites are not under the control
of WorldHR Inc. If you use these sites, you will leave this Site. If you decide
to visit any linked site, you do so at your own risk and it is your responsibility
to take all protective measures to guard against viruses and other destructive elements.
WorldHR Inc is not responsible for the contents of any such linked page or any other
page not under its control. WorldHR Inc makes no representation or warranty regarding,
and does not endorse, any linked web sites, the information appearing thereon or
any of the products or services described. Links do not imply that WorldHR Inc sponsors,
endorses, is affiliated or associated with, or is legally authorized to use any
trademark, trade name, logo or copyright symbol displayed in or accessible through
the links, or that any linked site is authorized to use any trademark, trade name,
logo or copyright symbol associated with WorldHR Inc.
7. Agreement to Privacy Policy
You agree to abide by WorldHR Inc Privacy Policy and respect the confidentiality
of the video résumés held on the Site and is incorporated by reference into these
Terms and Conditions.
8. Disclaimers
You acknowledge that any use of or reliance on this Site or any Materials shall
be at your sole risk. WorldHR Inc makes no representation or warranty regarding
the Site and/or the Materials, including with respect to the information provided
by third party legal and other consultants.
Not limiting the generality of the foregoing, the information provided on this Site
is for general informational purposes only. Information provided on the Site provide
by job-seekers, recruiters and employers is provided on an "As Is" basis, and WorldHR
Inc does not review it. WorldHR Inc does not warrant or guarantee the truth, accuracy
or completeness of this information. No lawyer-client, advisory, fiduciary or other
relationship is created by accessing or otherwise using this Site.
This Site acts as a portal to enable our authorized employment agents to connect
Employers with the job seekers they need and to facilitate this we post job opportunities
from employers looking for workers and we record and host video resumes of job seekers.
WorldHR Inc does not screen or censor the listings offered and as a result has no
control over the quality, safety or legality of the jobs or resumes posted, the
truth or accuracy of the listings, the ability of Recruiters or Employers to offer
job opportunities to Job Seekers or the ability of Job Seekers to fill job openings.
In addition, there may be risks, including but not limited to risk of physical harm
of dealing with strangers, foreign nationals, underage persons or people acting
under false pretences. The user assumes all risks associated with dealing with other
users with whom you come in contact through the Site.
WorldHR Inc cannot and does not confirm that each user is who they purport to be.
We do not and cannot be involved in user-to-user dealings or control the behaviour
of participants on this Site, in the event that you have a dispute with one or more
users, you release WorldHR Inc (and our agents and employees) from all claims, demands
and damages 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.
WorldHR Inc is under no legal obligation to, and generally does not, control the
Content provided by other users, which is made available through the Site. By its
very nature, other people's information may be offensive, harmful or inaccurate,
and in some cases will be mislabeled or deceptively labeled. While WorldHR Inc will
do its best to reduce harmful or inaccurate information it does not guarantee, and
makes no representations or warranties as to the truthfulness, accuracy, reliability,
currency or completeness of the Materials or about the results to be obtained using
the Materials. The use of the Site and the Material is at your own risk.
This Site contains materials, data, information provided, posted or offered by third
parties, including third party provided content in relation to the job and employment
placement process. You agree that WorldHR Inc shall have no liability whatsoever
for any such third party material, data or information.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any resume, job posting or other information placed by you, as applicable
on the Site.
WorldHR Inc shall not be responsible for any employment decisions, for whatever
reason made, by any entity posting jobs on the Site.
9. Limitation of Liability
YOU AGREE THAT WorldHR Inc AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE
RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION
INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION
DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT,
LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF
OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, AND CONTENT
PROVIDED, EVEN IF WorldHR Inc, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGE OR LOSS.
The limitations of liability and disclaimers in these Terms and Conditions apply
regardless of the form of action, whether in contract, warranty, civil liability,
delict, quasi-delict, strict liability, negligence, or other tort and shall survive
a fundamental breach or breaches, or the failure of the essential purpose of contract
or the failure of an exclusive remedy.
10. Indemnity
You agree to defend, indemnify and hold harmless each of WorldHR Inc, its affiliates,
and each of their officers, directors, employees and agents, including all third
parties mentioned at the Site, from and against any and all claims, actions or demands,
including without limitation reasonable legal and accounting fees, alleging or resulting
from your use of the Site and the Materials or your breach of these Terms and Conditions.
11. Choice of law
This Site is controlled, operated and administered by WorldHR Inc from its offices
in Barbados and makes no representation or warranty that materials at this Site
are appropriate or available for use at any locations internationally. If you access
this Site you are responsible for compliance with all local law. You may not export
any of the Materials accessible through this Site in violation of applicable export
laws and regulations. These Terms and Conditions shall be interpreted, construed
and governed by the laws in force in the Province of Ontario, without reference
to its conflict of laws principles, except where prohibited by mandatory provisions
of the laws applicable in your jurisdiction. Except in respect of any matter relating
to the enforcement of intellectual property rights and protection of confidential
information, the parties agree that any action, suit or proceeding arising out of
or related to these Terms and Conditions shall be commenced in Barbados. Each party
hereby agrees to submit to the jurisdiction of Barbados and to waive any objections
based upon venue in any such action, suit or proceeding. The United Nations Convention
on Contracts for the International Sale of Goods does not apply to these Terms and
Conditions.
12. Arbitration
Any and all disputes arising out of these Terms and Conditions, its performance,
breach, enforcement, existence or validity, including any failure of the parties
to reach agreement with respect to matters provided for in these Terms and Conditions
and all matters of dispute relating to the rights and obligations of the parties,
which cannot be amicably resolved, even if only one of the parties declares that
there is a difference, will be referred to and finally settled by private and confidential
binding arbitration before a single arbitrator held in Toronto, Ontario in English
and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as
amended, replaced or re-enacted from time to time. The arbitrator shall be a person
who is legally trained and who has experience in the information technology field
in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual
property rights and confidential information through injunctive or other equitable
relief through the courts.
13. General
(i) Except as expressly provided in additional terms of use for areas of the Site,
a particular legal notice, or an additional Agreement, these Terms and Conditions
constitute the entire agreement between WorldHR Inc and you with respect to the
subject matter hereof; (ii) Any cause of action you may have with respect to your
use of this Site or which is the subject of these Terms and Conditions must be commenced
within one (1) year after the claim or cause of action arises; (iii) If for any
reason a court of competent jurisdiction finds any provision of these Terms and
Conditions or portion thereof to be unenforceable, that provision shall be enforced
to the maximum extent permissible so as to effect the intent of these Terms and
Conditions, and the remainder of these Terms and Conditions shall continue in full
force and effect; (iv) The relationship of the parties is solely that of independent
contractors and neither party shall have any authority to act for or bind the other
party; (v) The waiver of any breach or default hereunder shall not constitute the
waiver of any other or subsequent breach or default; (vi) No changes to these Terms
and Conditions shall be made except by a revised posting on this page.
14. Additional Terms of Use.
Certain areas of this Site may be subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas.
15. Fee Payments
Job placement service fee payments must be made directly to WorldHR Inc bank account
otherwise WorldHR Inc can not be responsible for any fees paid to affiliates or
other third parties. All payments made to WorldHR are non-refundable. Fees for video
resume recording and hosting may be paid to an authorized WorldHR Affiliate list
on the WorldHR web site.
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