The following are the Terms and Conditions
between you and peoplemenders.com Inc.
(“peoplemenders). whose website is at peoplemenders.com (the “Site”). This Site is
intended for individuals seeking employment and for employers or recruiters
seeking candidates for employment in the healthcare sector.
The terms “you” and “your” as used herein
refer to all individuals and/or entities accessing this Site for any reason.
PLEASE READ THESE TERMS AND CONDITIONS
OF USE CAREFULLY BEFORE USING OR OBTAINING ANY MATERIALS, INFORMATION OR
SERVICES THROUGH THIS SITE. USING THIS SITE BY ACCESSING, USING OR DOWNLOADING
INFORMATION, DATA, IMAGES, OR OTHER MATERIALS FROM THIS SITE (THE “CONTENT”),
OR BY SENDING MESSAGES OR OTHER MATERIALS TO THIS SITE (THE “MATERIALS”)
CONSTITUTES YOUR AGREEMENT TO THESE TERMS. IF YOU DO NOT ACCEPT THESE TERMS,
YOU ARE NOT AUTHORIZED TO ACCESS AND/OR USE THIS SITE.
USE OF SITE. Subject to these
Terms and Conditions, peoplemenders
grants you a non-exclusive, non-transferable, limited right to access, use and
view this Site and the Content 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 Content
downloaded, the copyright or other proprietary notices contained in the
Content; (ii) sell, reproduce, modify or attempt to modify the Content 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 Content on any other web site; (iii) modify, adapt, reverse engineer,
decipher, decompile or disassemble any portion of this Site; (iv) sell,
transfer, license or make available to any person not expressly licensed by peoplemenders any peoplemenders’
services or related information including, without limitation, resumes and
candidate information; (v) frame or mirror any part of this Site; (vi) transfer
the Content to any other person without the written consent of peoplemenders; (vii) print or copy any of the
HTML or other computer programs that are accessible at this Site; (viii) use
this Site in any manner that could damage, disable, overburden or impair this
Site; (ix) 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; (x) disrupt or
interfere with any other person's use or enjoyment of this Site or affiliated
or linked sites; (xi) upload, post or otherwise transmit on this Site any
Materials that would negatively affect the functioning of the Site, including
without limitation computer viruses, Trojan horses, worms or other harmful,
disruptive or destructive files or computer programs or that imposes an
unreasonable or disproportionately large load on this Site's infrastructure;
(xii) 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 Content in whole or in part; (xiii) use or attempt to use another's
account, password, service, system or other information without prior written
authorization from peoplemenders; (xiv)
create or use a false identity on this Site; (xv) attempt to obtain
unauthorized access to this Site or portions of this Site that are restricted
from general access; (xvi) transmit on, to or from this Site spam, chain
letters, junk mail or any other type of unsolicited mass e-mail; (xvii) 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 (xviii) 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.
peoplemenders provides only the
venue in which employers can recruit desired candidates for employment and
individuals can seek employment opportunities. peoplemenders
does not represent, warrant or guarantee the veracity, accuracy or reliability
of the information posted on this Site (nor does it endorse any opinions expressed
by its Users). It is solely the responsibility of the candidate and the
employer to verify the information posted on this Site to determine the
suitability of employment. As a User, you acknowledge that any reliance on
material posted on this Site is at your own risk. peoplemenders
strives for the highest standard of customer satisfaction. Should a User alert
us to material posted on this Site that does not conform to these Terms, peoplemenders, at its discretion, will investigate
the complaint and determine whether to remove or to request the removal of the
information. peoplemenders reserves the
right to terminate its relationship with any User found in breach of the Terms.
peoplemenders reserves the right
at all times to disclose any Materials provided by you as necessary to satisfy
any law, regulation or governmental request, or to edit, refuse to post or
remove any Materials, in whole or in part, that in peoplemenders'
sole discretion is objectionable or in violation of these Terms and Conditions.
TERMINATION. Your authorization
to access and use this Site shall automatically terminate if you are in breach
of any of the provisions contained herein. Unless otherwise specified in an
Agreement, peoplemenders reserves the
right, in its sole discretion, to terminate your access to this Site and the
related services or any portion thereof at any time, without notice.
AMENDMENTS TO SITE. We reserve the right
to change, modify, add or remove Terms and Conditions at any time by updating
this page. Changes will be binding on you on as of the date they are posted on
the Site (or as otherwise stated). Subsequent to such modification, your
further use of this Site shall be deemed to constitute acceptance by you of the
modified provisions. Please periodically check these Terms for any
modifications that may affect your lawful use of peoplemenders.
REGISTRATION . Certain portions of
this Site require that you register with peoplemenders.
When registering, you agree to provide peoplemenders
with accurate, current and complete information as required by our forms.
Please update such information when necessary to maintain its accuracy and
completeness. You acknowledge that should any information received by you prove
to be inaccurate, not current or incomplete, peoplemenders
reserves the right to terminate your use of this Site. By providing your
information when registering, you are consenting to peoplemenders'
collection of your information and use of your information in connection with
this Site in accordance with these Terms and our Privacy
Policy.
To gain access to the restricted portions of
this Site, you will require both an email address
and possibly a password. peoplemenders reserves the right to refuse to
allow you use of an email address that
we believe, at our sole discretion, impersonates someone else, may be illegal,
confusing or offensive or that infringes the intellectual property rights of
another. Your password must be kept confidential and you agree not to resell,
transfer or distribute in any manner or form your access to this Site. If you,
as a User, have any reason to believe that your account is no longer secure,
please contact Client Services at info@peoplemenders.com. IT IS YOUR SOLE
AND COMPLETE RESPONSIBILITY TO MAINTAIN THE CONFIDENTIALITY OF YOUR EMAIL ADDRESS AND PASSWORD. YOU ARE SOLELY AND
ENTIRELY RESPONSIBLE FOR ANY AND ALL ACTIVITIES THAT ARE CONDUCTED THROUGH YOUR
ACCOUNT.
COPYRIGHT, TRADEMARKS & LICENSES . This Site,
including all Content, is protected by Canadian copyright laws and treaty
provisions. You agree to comply with all copyright laws in your use of this Site
and to prevent any unauthorized copying of the Content. Except as expressly
provided herein, peoplemenders 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 peoplemenders.
Any company names and logos used on this
Site may be trademarks, including registered trademarks of peoplemenders. Such company names and logos of peoplemenders may not be copied, imitated or
used, in whole or in part, without the prior written consent of peoplemenders. Other services and company names
mentioned on this Site may be the trademarks of their respective owners.
peoplemenders hereby grants you a
limited, terminable, non-exclusive right to access and use of this Site solely
for your personal use in seeking employment opportunities or candidates for
employment in health related fields or organizations. This license authorizes
you to view the material on the Site solely for your personal, non-commercial use in seeking employment or for
searching and recruiting employment prospects. Except as specifically
contemplated herein, you may not modify the Contents of this Site or use them
for any commercial purpose, or public display, perform, sell or rent all such
Content, nor may you remove any copyright or trademark registration, or other
proprietary notices from the Contents. peoplemenders
reserves for itself all other right, title and interest.
PRIVACY. peoplemenders recognizes the
sensitive nature of the information being posted on our Site. To that end, we
have established a Privacy Policy to ensure the privacy concerns of our Users
are being met. peoplemenders' Privacy
Policy is herein by reference incorporated into these Terms and we encourage
you to read in full the details of our Privacy
Policy.
LINKS TO OTHER WEBSITES. Links to third party
Web sites on this Site are provided solely as a convenience to you. If you use
these links, you will leave this Site. peoplemenders
has not reviewed all of these third party Web sites and does not control and is
not responsible for any of these sites or their content. peoplemenders does not endorse or make any
representations about any such Web sites, or any information, software or other
products, materials or content found therein, or any results that may be
obtained from using them. If you decide to access any of the third party Web
sites linked to this Site, you do so entirely at your own risk.
DISCLAIMER. THE MATERIALS,
SERVICES AND CONTENT PROVIDED AT THIS SITE ARE PROVIDED ON AN "AS IS,
WHERE IS" BASIS. TO THE FULLEST EXTENT PERMISSIBLE UNDER APPLICABLE LAW,
peoplemenders DISCLAIMS ALL CONDITIONS, TERMS, REPRESENTATIONS AND WARRANTIES,
EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY, QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE
OR NON-INFRINGEMENT OF INTELLECTUAL PROPERTY.
peoplemenders FURTHER DOES NOT WARRANT THE
ACCURACY AND COMPLETENESS OF THE CONTENTS OR SERVICES AT THIS SITE, THAT THIS
SITE AND THE CONTENT CONTAINED THEREIN WILL BE ACCESSIBLE AND PERFORM IN
ACCORDANCE WITH YOUR EXPECTATIONS, THAT THE FUNCTIONS CONTAINED IN THE SITE AND
THE CONTENTS CONTAINED THEREIN WILL BE UNINTERRUPTED OR ERROR-FREE, THAT
DEFECTS WILL BE CORRECTED OR THAT THE SITE OR THE SERVER THAT MAKES IT
AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. peoplemenders DOES
NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
USE OF THIS SITE IN TERMS OF CORRECTNESS, RELIABILITY, ACCURACY OR OTHERWISE.
APPLICABLE LAW MAY NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE
EXCLUSION MAY NOT APPLY TO YOU.
LIMITATION OF LIABILITY. YOU AGREE THAT
peoplemenders 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, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF
A THIRD PARTY, EVEN IF peoplemenders, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that peoplemenders' aggregate liability for damages
shall be limited to $100.
The limitations of liability and disclaimers
in these Terms and Conditions of Use 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.
INDEMNITY. You expressly agree
to defend, indemnify and hold harmless each of peoplemenders,
its affiliates and each of their officers, directors, employees, agents,
shareholders, representatives, subsidiaries and assigns from and against any
and all losses, costs, claims, suits, obligations, demands, damages,
liabilities and expenses (including, but not limited to, court costs,
reasonable lawyer/attorney, paralegal and expert witness fees) arising in
connection with the breach of the Agreement, your use of the Site or the breach
of any third party intellectual property rights, regardless of the sole and/or
comparative negligence or other fault or responsibility of peoplemenders its affiliates, and each of their
officers, directors, employees, agents, shareholders, representatives,
subsidiaries and assigns. Such indemnity shall continue in full force and
effect notwithstanding the termination of the Agreement or your discontinuance
of use of the Site.
APPLICABLE LAWS. peoplemenders makes no
representation that materials or services at this Site are appropriate or
available for use outside of the United States and Canada, and access to them
from territories where their contents are illegal is prohibited. You may not
use or export or re-export the materials or services at this Site or any copy
or adaptation in a manner which is contrary to any applicable local,
provincial, state, national, international and foreign laws or regulations
governing your use of this Site including, without limitation, US export laws
and regulations. You may not use this Site in any manner which could damage,
disable, overburden or impair this Site or interfere with any other party's use
and enjoyment of this Site. If you choose to access this Site from outside the
United States or Canada, you do so on your own initiative and are responsible
for compliance with applicable local laws. These Terms will be governed by and
construed in accordance with the laws of the province of British Columbia and
the federal laws of Canada applicable therein, without giving effect to any
principles of conflicts of laws. By using this Site, you hereby expressly
consent to the sole and exclusive jurisdiction and venue of the courts located
in Vancouver, British Columbia, Canada, for any legal proceeding arising out of
or relating to your use of this Site or these Terms.
SEVERABILITY. If any provision of
these Terms is invalid or unenforceable under applicable law, then it shall be,
to that extent, deemed omitted and the remaining provisions will continue in
full force and effect.
ENTIRE AGREEMENT. These Terms
constitute the entire agreement between you and peoplemenders
with respect to your use of this Site. There are no representations,
warranties, conditions or other agreements, express or implied, statutory or
otherwise, between the parties in connection with the use of this Site except
as specifically set forth in any contract for services you may have with peoplemenders ("Agreement"). If there
is any conflict or inconsistency between these Terms and the provisions of an
Agreement between you and peoplemenders,
the provisions of the Agreement shall govern.