Terms and Conditions

Terms and Conditions

Effective Date: 1-09-2023

Introduction

Canada recruitment.net. is a service brought to you by Canada Recruitment. These Terms and Conditions govern all content, services and/or products available on or

through our website and applications (collectively, the “Canada Recruitment Services”).

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. BY REGISTERING FOR, ACCESSING, BROWSING, AND/OR OTHERWISE USING THE CANADA RECRUITMENT SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD, AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS, DO NOT ACCESS, BROWSE OR OTHERWISE USE THE CANADA RECRUITMENT SERVICES.

Entering into these Terms & Conditions with Canada recruitment

The use of the Canada recruitment Services is subject to acceptance of these Terms and Conditions. To accept these Terms and Conditions, a person must have the legal capacity to do so. In the case of an individual, the individual must be at least 18 years of age. In the case of a legal entity, the entity must be duly incorporated and in good standing in its jurisdiction of domicile and the person accepting must have the corporate authority to accept these Terms and Conditions.

You may not, without Canada recruitment’s prior written consent, access the Canada recruitment Services:

  • for reproduction purposes;
  • if you are a competitor of Canada Recruitment;
  • to monitor the availability, performance or functionality of the Canada Recruitment Services; or
  • For other benchmarking or competitive

Canada Recruitment can terminate your use of the Canada Recruitment Services for any of the above reasons, or any other reason, or no reason at all, at Canada Recruitment’s sole discretion.

If you accessed Canada Recruitment Services for the reasons stated above, Canada Recruitment may take legal actions for compensations.

Modifications to Terms and Conditions

Canada Recruitment reserves the right, at its sole discretion, to change, modify, add, or remove portions of these Terms and Conditions at any time. Your continued use of the Canada Recruitment Services after such changes have been posted constitutes your binding acceptance of such changes.

Such amended Terms and Conditions will automatically be effective upon the earlier of

  • your continued use of the Canada Recruitment Services, or (ii) 30 days from posting of such modified Terms and Conditions on or through the

Using Canada Recruitment services

Establishing an Account. Certain features, functions, parts or elements of the Canada Recruitment Services can be used or accessed only by holders of an account. The person who wishes to create an account must:

  • complete the sign-up form; and
  • Accept these Terms and
  • Each customer may have only one account. If several persons need to use an account on behalf of customer, the customer must designate such persons as additional The Customer and any user associated with an account must provide Canada Recruitment with true, accurate, current, and complete information about the users and keep such information up to date. Each user shall be subject to the restrictions set forth in these Terms and Conditions.
  • If the customer has designated additional users, such users will be deemed to be authorized to act on behalf of the customer when using the Canada

Recruitment is responsible for and shall have liability for verifying the validity of the authorization of any user. If Canada Recruitment is not certain if a user has been granted an authorization, Canada Recruitment may, in its sole discretion, prevent such user from accessing the Canada Recruitment Services.

Logging into an Account

Canada Recruitment shall provide each customer with a username and password to be used to log into its account. These credentials must not be used by multiple persons.

If a customer has designated several users, each user will be provided with separate credentials. The customer and each of its users are responsible for keeping confidential all credentials associated with an account. The customer must promptly notify Canada Recruitment:

  • of any disclosure, loss or unauthorized use of any login credentials;
  • of a user’s departure from the customer’s organization;
  • of a change in a user’s role in the customer’s organization;
  • Of any termination of a user’s right for any

Customer Data

If the customer uploads set of data, such data and any processing of such data must be in compliance with these Terms and applicable law. All rights, title and interest in and to the customer data belong to the customer or third persons (including users, persons and organizations) whether posted and/or uploaded by the customer or made available on or through the Canada Recruitment Services by Canada Recruitment. By uploading customer data, customer authorizes Canada Recruitment to process the customer data. The customer is responsible for ensuring that:

  • The customer and any of the users associated with the account do not create, transmit, display or make otherwise available any customer data that violates the terms of these Terms and Conditions, the rights of Canada Recruitment, other customers or users, persons or organizations or is harmful (for example viruses, worms, malware and other destructive codes), offensive, threatening, abusive, harassing, tortuous, defamatory, vulgar, obscene, invasive of another’s privacy, hateful or otherwise unlawful; and
  • The customer and all of the users associated with the account have the necessary rights to use the customer data, including to process
  • No Guarantee of

No Guarantee of Accuracy

Canada Recruitment strongly recommends that you think carefully about what you transmit, submit or post to or through the Canada Recruitment Services.

You understand that all information contained in customer data is the sole responsibility of the person from whom such customer data originated.

This means that Customer, and not Canada Recruitment, is entirely responsible for all customer data that is uploaded, posted, transmitted, or otherwise made available through the Canada Recruitment Services.

Unlawful Customer Data

Canada Recruitment is not obliged to pre-screen, monitor or filter any customer data or acts of its processing by the customer in order to discover any unlawful nature therein. However, if such unlawful customer data or the action of its unlawful processing is discovered or brought to the attention of Canada Recruitment or if there is reason to believe that certain customer data is unlawful, Canada Recruitment has the right to:

  • Notify the customer of such unlawful customer data;
  • Deny its publication on the website or application;
  • Demand that the customer bring the unlawful customer data into compliance with these Terms and Conditions and applicable law;
  • Temporarily or permanently remove the unlawful customer data from the website or account, restrict access to it or delete
  • In the event Canada Recruitment believes in its sole discretion customer data violates applicable laws, rules or regulations or these Terms and Conditions, Canada Recruitment may remove such customer data at any time with or without

Compelled Disclosure

Canada Recruitment may disclose a customer’s confidential information to the extent compelled by law to do so. In such instance, Canada Recruitment will use commercially reasonable efforts to provide customer with prior notice of the compelled disclosure (to the extent legally permitted) and customer shall provide reasonable assistance, at its cost, if customer wishes to contest the disclosure.

If Canada Recruitment is compelled by law to disclose customer’s confidential information as part of a civil proceeding to which Canada Recruitment is a party, and customer is not contesting the disclosure, customer will reimburse Canada Recruitment for its reasonable cost of compiling and providing secure access to that confidential information.

Services

Use of the Canada Recruitment Services. Subject to these Terms and Conditions, and the payment of the applicable service fee, Canada Recruitment grants customer and its authorized users a non-exclusive, non-transferable, non-sub-licensable license to use the Canada Recruitment Services to:

  • Collect, store and organize customer data, such as add new persons and organizations, generate reports based on customer data, add products to be offered for sale to persons and organizations; add new users and grant them authorizations, assign activities to a particular user;
  • Modify and delete customer data;
  • Customize the standard features of the Canada Recruitment Services;
  • Receive reasonable help and guidance and from Canada Recruitment regarding the use of the Canada Recruitment

Technical Support

Canada Recruitment shall provide reasonable technical support to customer and its authorized user at the reasonable request of the customer. Canada Recruitment shall respond to enquiries of support from a customer utilizing the contacts set forth below as soon as reasonably possible. Responding to enquiries of customers and users who have accepted these Terms and Services but do not have an Account may be less expedient, or may not occur at all.

Our support can be reached out via our contact page

Modifications to Service

Canada Recruitment reserves the right to modify the Canada Recruitment Services or any part or element thereof from time to time without prior notice, including, without limitation:

  • Rebranding the Canada Recruitment Services at its sole discretion;
  • Ceasing providing or discontinuing the development any particular Canada Recruitment Service or part or element of the Platform temporarily or permanently;
  • Taking such action as is necessary to preserve Canada Recruitment’s rights upon any use of the Canada Recruitment Services that may be reasonably interpreted as violation of Canada Recruitment’s intellectual property rights, distribution of Internet viruses, worms, Trojan horses, malware, and other destructive activities or illegal activity.

If the customer does not accept the modification, the customer shall notify Canada Recruitment. The customer’s continued use of the Canada Recruitment Services, or any part or element thereof, after the effective date of a modification shall indicate its consent to the modifications. Canada Recruitment shall not be liable to the customer or to any third person for any modification, suspension or discontinuance of the Canada Recruitment Services, or any part thereof.

Job Advertising

Canada Recruitment may offer to distribute job advertisements through various channels for which Canada Recruitment may charge additional fees. All fees tied to job advertisements will be communicated to the Customer by Canada Recruitment during the ordering process.

Canada Recruitment will make commercially reasonable efforts to distribute advertisements through the channels chosen by the Customer.

However, the Customer acknowledges that:

  • The channels are not under Canada Recruitment l’s control and that Canada Recruitment cannot guarantee that the Customer’s job advertisements will be delivered to and accepted by the relevant channels.
  • Said job advertisements will be read by potential job
  • Canada Recruitment may hire third-parties to distribute job advertisements and such third-parties are to be considered as part of Canada Recruitment’s distribution
  • Above-mentioned third-parties have no obligation to use or display a job advertisement and can reject a job advertisement for any or no reason, regardless of the customer’s plan, and even if the Customer has paid for premium job advertisements.
  • Canada Recruitment is not liable for a job advertisement being rejected or not posted, and accepts that the Customer will not be entitled to a refund by Canada
  • Customer will not be entitled to a refund by Canada Recruitment in regards to funds deposited for job advertising
  • By submitting a job advertisement, the Customer gives Canada Recruitment permission to distribute the advertisement.
  • Canada Recruitment makes no guarantee in terms of quality or quantity the Customer will receive as a result of any job
  • The Customer is solely responsible for selecting and interviewing
  • The Customer is solely responsible for conducting background checks and verifying information provided by

The Customer understands and takes full responsibility for:

  • Compliance with any regulations and applicable laws including labor and employment, and anti-discrimination.
  • Any liability or claims arising out of the publication of the Customer’s job advertisement or material third-parties can access through said job
  • Customer agrees to indemnify and hold Canada Recruitment and its subsidiaries, and their respective officers, directors, employees, and agents harmless from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys’ fees and costs) arising out of a breach of this article by Customer or a breach of the additional service policies provided by third-parties

to distribute Customer’s job advertisements.

  • When required by third-parties in order to distribute Customer’s job advertisements, Customer agrees to additional service policies from said third- parties as they apply to such
  • Customer is solely responsible for researching said third-party service policies.
  • Customer agrees not to post or promote any Job Advertisements that: contain inaccurate, spam my, false, misleading or offensive information; contain hidden keywords, or; sell or promote services

Data processing contract

Subject matter and nature of processing. Canada Recruitment provides the platform where the customer, as the data controller, can collect, store and organize the personal data of data subjects determined by the customer. The Platform has been designed to work as a recruitment software tool but, to the extent not regulated by these Terms and Conditions, the customer decides how they use the Platform. Level of data usage is related with the package subscribed by the customer and follow limitations.

Duration. Canada Recruitment will process data on behalf of the customer until the termination of the Canada Recruitment Services in accordance with these Terms and Conditions. Upon termination, Canada Recruitment will store the customer’s data for a period of six months, should the customer wish to reopen the account to resume the use of the Canada Recruitment Services. By default, Canada Recruitment does not offer data extraction or export solutions.

Parties’ rights and obligations

Canada Recruitment ensures that persons Canada Recruitment to process the personal data have committed themselves to confidentiality or are under an appropriate statutory obligation of confidentiality. Canada Recruitment undertakes to make available to the controller all information necessary to demonstrate compliance with their obligations and to allow for and contribute to audits, including inspections, conducted or mandated by the customer as the data controller. This will be provided at the customer expense.

Restrictions

Prohibited Activities. Customer and its authorized users may use the Canada Recruitment Services and any part or element thereof only in the scope, with the means and for purposes as identified in these Terms and Conditions and applicable law. By way of example, neither the customer nor any user may:

  • Use the Canada Recruitment Services or any part or element thereof to commit a crime, breach any applicable law or entice or invite others to carry out such illegal actions;
  • Copy, duplicate, distribute, modify, adapt, hack, create derivative works, reverse engineer or decompile the Canada Recruitment Services or any part or element thereof, or attempt to extract the source code thereof, unless (i) it is expressly allowed under applicable law, and (ii) to the extent that Canada Recruitment is not permitted by that applicable law to exclude or limit the foregoing rights;
  • Use the Canada Recruitment Services or any part or element thereof unless it has agreed to these Terms and

Certain Uses Require Canada Recruitment Consent. The customer or any user may not, without Canada Recruitment’s prior express written consent (e-mail, WhatsApp, Skype, etc.):

  • Sell, resell, lease, license, sublicense, distribute, provide, disclose, divulge, exploit or otherwise grant Access or make the Canada Recruitment l Services available in whole or in part to any third persons, unless such third person is another authorized user of the same customer;
  • Use the Canada Recruitment Services or any part or element thereof in a scope, with means or for purposes other than those for which their functionality was created;
  • Use the Canada Recruitment Services or any part or element thereof by means of programs that send them automatic enquiries or requests, unless such program has been made available by Canada Recruitment;

Privacy

Canada Recruitment takes the privacy of its Customers and Users very seriously. Canada Recruitment’s Privacy Policy is available on https://canadarecruitment.ca/ Please read the Privacy Policy carefully as it governs Canada Recruitment’s collection, use, and disclosure of Customer’s or User’s personal information.

Intellectual Property Rights

Canada Recruitment’s Intellectual Property Rights in the Canada Recruitment Services. The Canada Recruitment Services, Canada Recruitment Materials (defined as the visual interfaces, graphics, design, systems, methods, information, computer code,

software, services, “look and feel”, organization, compilation of the content, code, data,

and all other elements of the Canada Recruitment Services, Canada Recruitment and Canada Recruitment trade names and trademarks, and any parts or elements thereof are solely and exclusively owned and operated by Canada Recruitment and its third- party vendors and hosting partners) are protected by copyright, trade dress, patent, trade secrets, and trademark laws, international conventions and treaties, and all other relevant intellectual property and proprietary rights laws.

Canada Recruitment, its affiliates and licensors retains all right, title and interest in such Canada Recruitment Services, Canada Recruitment Materials, Canada Recruitment and Canada Recruitment trade names and trademarks, and any parts or elements.

Your use of the Canada Recruitment Services and Canada Recruitment Materials, and any parts or elements does not grant to you any ownership right or intellectual property rights therein. Any commercial or promotional distribution, publishing or exploitation of the Canada Recruitment Materials is strictly prohibited unless you have received the express prior written permission from Canada Recruitment or the otherwise applicable rights holder. Canada Recruitment reserves all rights to the Canada Recruitment Services, Canada Recruitment Materials and Canada Recruitment trade names and trademarks not expressly granted in the Terms and Conditions.

Content Owned by Canada Recruitment

Subject to these Terms and the payment of the applicable service Fee, Canada Recruitment grants customer and its authorized users a non-exclusive, non- transferable, non-sub-licensable license to download a single copy of any part of the content solely for your personal, non-commercial use if you retain all copyright and proprietary notices that are contained in such part of the content. You expressly acknowledge that you do not acquire any ownership rights by downloading any copyrighted material from or through the Platform or the Canada Recruitment Services. You shall not copy, distribute or publish any Content or any information obtained or derived therefrom except as permitted on or through the Canada Recruitment Services or as otherwise permitted by applicable law.

Customer Data

Customer is solely responsible for its own customer data and the consequences of posting, copying or publishing them on or through the Canada Recruitment Service. In connection with customer data, customer affirms, represents, and warrants that:

  • Customer either owns its customer data or has the necessary licenses, rights, consents, and permissions to use and authorize Canada Recruitment to display or otherwise use the customer data under all patent, trademark, copyright, trade secrets, or other proprietary rights in and to your customer data in a manner consistent with the intended features of the Canada Recruitment Services and these Terms and Conditions, and to grant the rights and license set forth above, and
  • Customer data, Canada Recruitment l’s or any Canada Recruitment licensee’s use of such customer data pursuant to these Terms and Conditions, and Canada Recruitment’s or any Canada Recruitment licensee’s exercise of the license rights set forth above, do not and will not: (a) infringe, violate, or misappropriate any third-party right, including any copyright, trademark, patent, trade secret, moral right, privacy right, right of publicity, or any other intellectual property or proprietary right; (b) violate any applicable law or regulation anywhere in the world; or (c) require obtaining a license from or paying any fees and/or royalties by Canada Recruitment to any third party for the performance of any Canada Recruitment Services customer has chosen to be performed by Canada Recruitment or for the exercise of any rights granted in these Terms and Conditions, unless customer and Canada Recruitment otherwise

Third-Party Sites, Products and Services

The Canada Recruitment Services may include links to other websites or services (“Linked Sites”) solely as a convenience to customers. Unless otherwise specifically and explicitly indicated, Canada Recruitment does not endorse any such Linked Sites or the information, material, products, or services contained on or accessible through Linked Sites. Furthermore, Canada Recruitment makes no express or implied warranties with regard to the information, material, products, or services that are contained on or accessible through Linked Sites.

ACCESS AND USE OF LINKED SITES, INCLUDING THE INFORMATION, MATERIAL, PRODUCTS, AND SERVICES ON LINKED SITES OR AVAILABLE THROUGH LINKED SITES, IS SOLELY AT YOUR OWN RISK.

Disclaimers, No Warranty

UNLESS OTHERWISE EXPRESSLY STATED BY CANADA RECRUITMENT, THE CANADA RECRUITMENT SERVICES, CANADA RECRUITMENT MATERIAL, AND ANY CONTENT, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CANADA RECRUITMENT SERVICES ARE PROVIDED

“AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, CANADA RECRUITMENT AND ITS AFFILIATES DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANT ABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF PROPRIETARY RIGHTS, CORRECTNESS, ACCURACY, AND RELIABILITY. UNLESS OTHERWISE EXPRESSLY STATED BY CANADA RECRUITMENT, CANADA RECRUITMENT AND ITS AFFILIATES DO NOT WARRANT THAT THE CANADA RECRUITMENT SERVICES AND ANY CONTENT, CUSTOMER DATA SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CANADA RECRUITMENT SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE CANADA RECRUITMENT SERVICES AND ANY CONTENT, CUSTOMER DATA, SERVICES, OR FEATURES MADE AVAILABLE IN CONJUNCTION WITH OR THROUGH THE CANADA RECRUITMENT SERVICES OR THE SERVER THAT MAKES THEM AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. CANADA RECRUITMENT AND ITS AFFILIATES DO NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE PLATFORM, THE CANADA RECRUITMENT SERVICES, CANADA RECRUITMENT MATERIAL OR ANY LINKED SITES, IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.THE LAWS OF CERTAIN COUNTRIES AND STATES DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES.

Indemnification

You agree to defend, indemnify and hold harmless Canada Recruitment and its affiliates, and their respective directors, officers, employees and agents, from any claims, losses, damages, liabilities, including attorney’s fees, arising out of your use or misuse of the Canada Recruitment Services, Canada Recruitment Materials, representations made to Canada Recruitment, its affiliates and/or third parties, violation of these Terms, violation of the rights of any other person or entity, or any breach of the foregoing representations, warranties, and covenants. Canada Recruitment reserves the right, at its own expense, to assume the exclusive defense and control of any matter for which you are required to indemnify Canada Recruitment, and you agree to cooperate with such defense of these claims.

Limitation of Liability

Canada Recruitment shall not be liable to the customer or user for any consequences resulting from:

  • Any modifications in these Terms and Conditions, calculation and rates of Fees, the Canada Recruitment Services, Canada Recruitment l Material, or any part or element thereof (including but not limited to account), including any error, permanent or temporary interruption, discontinuance, suspension or other type of unavailability of the Canada Recruitment Services or Canada Recruitment Material;
  • Deletion of, corruption of, or failure to store any customer data;
  • Use of customer data by the customer or any of the users associated with the account;
  • Upgrading or downgrading the current plan;
  • Any disclosure, loss or unauthorized use of the login credentials of customer or any authorized user due to customer’s failure to keep them confidential;
  • The customer’s use of the account or the Canada Recruitment Services by means of browsers other than those accepted or supported by Canada Recruitment ;
  • The application of any remedies against the customer or authorized users by Canada Recruitment, for example if the customer or user has committed a crime or conducted a breach of applicable law by using the Canada Recruitment Services or any part or element thereof;
  • The differences between technologies and platforms used for access, for example if certain features, functions, parts or elements of the Canada Recruitment Services are designed for use on a personal computer or laptop and do not function on a mobile platform or a tablet;

Canada Recruitment’s application of the remedies described in these Terms and Conditions, even if the reasonable grounds or legal basis for the application of these remedies turned out to be unfounded or invalid afterwards.

In addition, Canada Recruitment and its affiliates shall not be liable to the customer for any claim by any user, person, organization or third persons against the customer arising out of the customer’s failure to:

  • Provide Canada Recruitment with accurate information about the customer, users or account;
  • Notify Canada Recruitment of any reasons due to which a User does not have the right to use the account on behalf of the customer;
  • Provide any products which it has agreed to provide to such a person or organization (whether such failure arises as a result of Canada Recruitment’s negligence, breach of these Terms and Conditions or otherwise);
  • Ensure the lawfulness of the customer data;
  • Obtain the necessary rights to use the customer data; or
  • Abide by any of the restrictions described in these Terms and

LIMITATION OF LIABILITY. IN NO EVENT SHALL THE AGGREGATE LIABILITY OF CANADA RECRUITMENT AND ITS AFFILIATES ARISING OUT OF OR RELATED TO THESE TERMS EXCEED THE TOTAL AMOUNT PAID BY CUSTOMER HEREUNDER FOR THE CANADA RECRUITMENT SERVICES GIVING RISE TO THE LIABILITY IN THE SIX MONTHS PRECEDING THE FIRST INCIDENT OUT OF WHICH THE LIABILITY AROSE. THE FOREGOING LIMITATION WILL APPLY WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF

LIABILITY, BUT WILL NOT LIMIT CUSTOMER’S PAYMENT OBLIGATIONS UNDER THE “PAYMENT” AGREED BY CUSTOMER.

EXCLUSION OF CONSEQUENTIAL AND RELATED DAMAGES. IN NO EVENT WILL EITHER PARTY OR ITS AFFILIATES HAVE ANY LIABILITY ARISING OUT OF OR RELATED TO THESE TERMS FOR ANY LOST PROFITS, REVENUES, GOODWILL, OR INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, COVER, BUSINESS INTERRUPTION OR PUNITIVE DAMAGES, WHETHER AN ACTION IS IN CONTRACT OR TORT AND REGARDLESS OF THE THEORY OF LIABILITY, EVEN IF A PARTY OR ITS AFFILIATES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR IF A PARTY’S OR ITS AFFILIATES’ REMEDY OTHERWISE FAILS OF ITS ESSENTIAL PURPOSE. THE FOREGOING DISCLAIMER WILL NOT APPLY TO THE EXTENT PROHIBITED BY LAW.

Termination

For Convenience. These Terms may be terminated for convenience upon written notice to the other party as indicated in the “Notice” Section below:

  • By the Customer any time by revoking the billing agreement inside Canada Recruitment
  • By Canada Recruitment upon decision to end provision of the Canada Recruitment Services and close the Platform; or
  • Immediately by either party, if proceedings are initiated for the other party’s liquidation or insolvency or a negotiated settlement with the other party’s creditors is concluded or an assignment is made on behalf of the other party for the benefit of

For Default. These Terms may be terminated for default upon written notice to the other party as indicated in the “Notice” Section below:

  • By either party in case of breach of these Terms by the other party, if the breach has not been cured within 30 days of receipt of a notice from the non-breaching party; or
  • Immediately by either party if the other party breaches its obligations, as applicable under Sections “Intellectual Property Rights” and “Indemnification” of these Terms and Conditions.

Upon termination of these Terms and Conditions, Canada Recruitment shall deactivate the account. If the customer has specifically requested for an earlier deletion of the account, Canada Recruitment shall fulfill such request within 2 months of its receipt of such request. Customer must: (i) stop using and prevent the further usage of the Canada Recruitment Services, including, without limitation, the Platform; (ii) pay any amounts owed to Canada Recruitment under these Terms and Conditions; and (iii) discharge any liability incurred by the customer before under these Terms and Conditions prior to their termination.

The relevant provisions in these Terms and Conditions shall survive the termination of these Terms and Conditions.

Remedies

If Canada Recruitment terminates these Terms and Conditions as a result of an uncured breach by a customer or user, Canada Recruitment is entitled to use the same or similar remedies against any other persons who use the Canada Recruitment Services in conflict with these Terms.

Notwithstanding the foregoing, Canada Recruitment may also apply any other remedies available to it under the applicable law. Upon application of any remedies, the customer or user may lose access or suffer a loss of certain features, functions, parts or elements of the Canada Recruitment Services.

If Canada Recruitment has reasonable grounds to believe that the customer’s or user’s use of the Canada Recruitment Services, including the account may harm any third persons, Canada Recruitment has the right to take adequate measures under its control to prevent, stop and eliminate the harm, where possible, in order to protect those third persons.

Governing Law and Jurisdiction

These Terms (and any further rules, policies or guidelines incorporated by reference therein) shall be governed by and construed in accordance with the laws of Canada and subject to the sole jurisdiction of the courts of Canada

Miscellaneous

Relationship of the Parties. The parties will act solely as independent contractors. These Terms and Conditions shall not be construed as creating an agency, partnership, joint venture, fiduciary duty, or any other form of legal association between the customer and either Canada Recruitment, and the customer shall not represent to the contrary, whether expressly, by implication, appearance or otherwise. These Terms and Conditions are not for the benefit of any third parties.

Severability

If any term, condition or provision of these Terms and Conditions is held to be invalid, unenforceable or illegal in whole or in part for any reason, that provision shall be enforced to the maximum extent permissible so as to effect the intent of the parties. The validity and enforceability of the remaining terms, conditions or provisions, or portions of them, shall not be affected.

Assignment

Customer may not, directly or indirectly, in whole or in part, by operation of law or otherwise, assign or transfer these Terms and Conditions or delegate any of its rights and/or obligations under these Terms and Conditions without Canada Recruitment’s prior written consent.

Any attempted assignment, transfer or delegation without such prior written consent will be void and unenforceable. Notwithstanding the foregoing, the customer, or its

permitted successive assignees or transferees, may assign or transfer these Terms and Conditions or delegate any rights or obligations hereunder without consent: (1) to any entity controlled by, or under common control with the customer, or its permitted successive assignees or transferees; or (2) in connection with a merger, reorganization, transfer, sale of assets or product lines, or change of control or ownership of the customer, or its permitted successive assignees or transferees.

No Waiver

Failure of either party to exercise or enforce any provision of or any of its rights under these Terms shall not be deemed a waiver of future enforcement of that or any other provision or right.

Notices

Except as otherwise specified in these Terms and Conditions, all notices related to these Terms will be in writing by email and will be effective upon transmission to you or your representative’s email address provided to Canada Recruitment.