Last Updated: March 4, 2019
Damingo.com Technology Inc. (DBA: BCJobs.com referred to as “the Site”) (the “Company”) is entitled to amend these Terms and Conditions at any time without informing Users, by updating this page. It is the User’s responsibility to revisit this page periodically to ensure the receipt of updated information and Users are deemed to be aware of all amendments. Please read these Terms & Conditions carefully before using this Site. By using this Site the User agrees to the Terms and Conditions stated here. Users who do not agree with amendments to the Terms and Conditions shall immediately stop accessing (or continue to access) the Site.
Subject to these Terms and Conditions, the Company gives the User the non-exclusive, non-transferable, limited right to access, use and view the Site and the Content for the User’s own personal, non-commercial use.
The Site provides a service to bring users looking for a new job (“Candidates”) and employers (“Employers”) and/or recruiters (“Recruiters”) together. Employers and Recruiters can register, create profiles and post jobs and job seekers can search for jobs. Candidates can register, create profiles and post resumes which Employers and Recruiters can search, access and review. Candidates can apply for job postings and attach their Resume and Cover Letter to the application.
You may use this Site only if you are of legal age in your jurisdiction to form a binding employment contract in compliance with these Terms & Conditions and all applicable local, provincial and federal laws, rules and regulations. If you use the Site on behalf of a company, organization, or other entity, then (a) “you” includes you and that entity, and (b) you represent and warrant that you are an authorized representative of the entity with the authority to bind the entity to these Terms & Conditions, and that you accept and agree to these Terms & Conditions on the entity’s behalf.
When using specific Services, we may ask for your contact information such as a telephone number or email address. By providing this information you grant such consent, authorizing BCJobs.com to contact you by telephone at the number(s) or email address you have provided, and acknowledge that BCJobs.com may do so using an automatic telephone dialing system or an artificial or prerecorded voice. You may revoke consent to be contacted by telephone by contacting BCJobs.com to revoke this consent. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any other property, goods, or services from BCJobs.com.
You agree that we may, but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for purposes of training our employees and for our own protection. You further agree that any Account Users or anyone else you authorize to use your account consents to such monitoring or recording as well. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.
By providing BCJobs.com your email address you consent to our using the email address to send you Service-related notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers. If you have consented to receive email job alerts, we will send you job alerts until you opt-out of such alerts.
If you do not want to receive such email messages, you may opt out or change your preferences in your related settings or by following the opt-out and/or unsubscribe instructions in the email message. You can also contact BCJobs.com. Note: Opting out may prevent you from receiving email messages regarding updates, improvements, or offers.
By applying to a Job Advertisement posted on this Site, you give us permission to store your information on the Services and to share your information (including your resume), with the entity that posted the Job Advertisement.
By connecting to BCJobs.com using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service.
You acknowledge and agree that BCJobs.com may use third party vendors and/or partners to provide the Services (or any portion of the Services) to you, and share personal information with such third parties as necessary in order to provide the Services to you.
By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or Clients.
Distribution of Advertisements and with Access to the Resume Database
The Company will make reasonable efforts to distribute Job Advertisements to third-party services, publishers, job boards and/or other entities in our distribution network, or in job alert emails and texts (where a Job Seeker has opted-in to receive such alerts) (collectively, “Distribution Channels”). However, you acknowledge and accept that we have no control over the Distribution Channels or communication networks, and therefore we provide no guarantee that your Job Advertisements will actually be delivered over the Internet or via communication networks, be accepted by an entity in the Distribution Channels or be received and/or read by a Job Seeker. You accept that entities in the Distribution Channels have no obligation to use or display a Job Advertisement and may reject a Job Advertisement for any reason or no reason, whether you are on a paid job Subscription Plan, or a trial or free subscription, and even if you have paid for a “Premium Post”. You agree that the Company is not liable to you or any third party if your Job Advertisement is rejected or not posted, and you will not be entitled to any refund for Job Advertisements not posted or distributed. By submitting a Job Advertisement, you give us permission to distribute that Job Advertisement in the Distribution Channels and on the Company websites.
We make no guarantee as to the number or quality of candidates that you will receive as a result of your Job Advertisement. You are solely responsible for interviewing, performing background and reference checks on, verifying information provided by, and selecting an appropriate candidate. In certain cases, entities in the Distribution Channels may require that you agree to additional service policies in order to allow your Job Advertisement to be distributed on or via their services, and you hereby agree to such additional service policies as they apply to the distribution of your Job Advertisements.
Certain aspects of the Services may be provided for a fee. If you elect to use paid features of the Services, you agree to the pricing and payment terms for the applicable Services, as we may update them from time to time. Recurring charges are billed in advance of service. The Company may add new services and products for additional fees and charges, or amend fees and charges for existing services, at any time in its sole discretion. We may also provide certain services via our third-party partners and you agree that your use of such third-party services is subject to the contractual (including payment) terms presented by such third parties should you wish to use their services. You further agree that the Company has no responsibility for such third-party services and your use of such services is entirely at your own risk. Any change to the fees for paid services shall become effective in the billing cycle following notice of such change to you.
You may cancel your subscription to paid services at any time and you accept that you will not receive a refund of pre-paid fees for such cancellation. In the event that the Company suspends, limits, conditions, or terminates your access to the Services and/or your account due to your breach of this Agreement or any other agreement that you have with the Company, you understand and accept that you will not receive a refund for any unused time with respect to fees that you have pre-paid for a subscription plan, product or service, and to the extent that you have not paid the applicable fees, you will remain liable to pay the Company the entire fees due for the subscription, product or service, as applicable.
For paid Subscription Plans, you may cancel at any time effective at the end of the Initial Plan Term or any Renewal Plan Term by notifying the Company, and one of our representatives will contact you. Make sure you cancel prior to your next billing renewal date to avoid any unwanted charges. Your account will be cancelled effective on your next billing date. Once your account is cancelled you will lose access to all content and features under your selected Subscription Plan. You agree and accept that you will not receive any refund if you request a cancellation and that the cancellation request shall become effective at the end of the Initial Plan Term or Renewal Plan Term in which the cancellation notice is received by the Company.
Personal data provided by Candidates, Employers and Recruiters may be used by the Company to notify the user of any news, and or promotional offers relating only to the Site and its’ related services. The user can unsubscribe from these notifications at any time.
The Company or the Site will not disclose user personal data that is not included as part of the Employer or Recruiter job posting or the Candidates public resume to any third party.
The Company will not give, rent, sell or otherwise release any of the information you have provided to us unless required by law, except:
If you decide to post your resume on the Site, the information you provide in your public resume, along with your name and contact information you provide as part of your registration, may be accessible by Employers and Recruiters who are provided with access to the resume database. You should carefully consider what information you provide in your resume and what information you choose to make publicly accessible to Employers and Recruiters. The Company is not responsible for Employers and Recruiters who may disclose this information to 3rd parties without the Sites knowledge or consent.
For Employers and Recruiters;
The Company will not provide, rent, sell or otherwise release any of the information you have provided to us unless required by law, except:
The information you provide in your job postings, including the contact information you choose to include, will be viewable by anyone who visits the Site and should be considered “public” information. This information will also be visible on other sites which may include but not limited to; Search Engines, Job Aggregators, Job Search Sites and other non-Company owned websites.
The Company offers a limited and non-exclusive right to use the Site for seeking employment opportunities for personal purposes and cannot be used for commercial purposes including sourcing job postings for use by other websites, social media sites, blogs, Recruiters or any third party, without the written consent of the Company. This includes job postings where an Employer or Recruiter have posted a job opportunity. Any User in violation of these Terms may have their use suspended or terminated at the sole discretion of the Company. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences of any violation or breach to the above terms and conditions and may involve law enforcement authorities in prosecuting Users involved in such violations.
For Employers and Recruiters;
The Company offers a limited and non-exclusive right to use the Site only for the User’s internal business use seeking Candidates for employment opportunities. The User is not permitted to reproduce the Content for any commercial use, including reproduction or sale, with the exception of social media sites that may include, but not limited to; Facebook, Twitter or LinkedIn where source information is credited, or upon written authorization from the Company. The User is not allowed to transfer access to the Sites, Content or Candidates to any third party without written authorization of the Company. The User is also not allowed to access the personal information of Candidates except for contacting them in regards to employment opportunities. This includes using any contact or account information found for commercial use (including disseminating, reposting this information or offering services from a 3rd party company) including email, mail, social media and related activities. Any User in violation of these Terms may have their use suspended or terminated at the sole discretion of the Company. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences of any violation or breach to the above terms and conditions and may involve law enforcement authorities in prosecuting Users involved in such violations.
Use by Others;
The Company offers a limited and non-exclusive right to use the Sites’ features that are not password protected to any User unclassified as a Candidate, Employer or Recruiter. This may include but is not limited to; job seekers, economists, company professionals, communications professionals, bloggers, social media professionals etc. The User is not permitted to reproduce the Content for any commercial use, 3rd party service, including reproduction or sale, with the exception of social media sites that may include, but not limited to; Facebook, Twitter or LinkedIn where source information is credited, or upon written authorization from the Company.
The User is also not allowed to access the personal information of job seekers except for contacting them in regards to employment opportunities. This includes using any contact or account information found for commercial use including email, mail, social media and related activities. Any User in violation of these Terms may have their use suspended or terminated at the sole discretion of the Company. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences which may involve violations to the above terms and conditions and may involve law enforcement authorities in prosecuting Users involved in such violations.
You are responsible for all activity, acts or omissions of any person or entity that is able to access the Services under your account and you will limit access to the number of users that are allowed under your account to those permitted under your selected Subscription Plan (each, an “Authorized User”). Additionally, you agree that: log-in credentials and account information will not be shared with third parties; (ii) you will not sell or sublicense access to your account or the Services; (iii) you will not charge, or receive payment, in cash or in kind, from any individual or entity for use of, or access to, any portion of the Services; (iv) you will ensure that Authorized Users comply with this Agreement and any other Specific Terms of Service or other agreement that you have with the Site; (v) you will promptly notify the Company of any suspected or alleged violation of this Agreement including any unauthorized use of any password or account information, or any other known or suspected breach of security; and (vi) you will cooperate with the Company with respect to investigation of any suspected or alleged violation of this Agreement and any action by the Company to enforce this Agreement. The Company may suspend, limit, condition, or terminate an Authorized User’s access to the Services or any features thereof, in the event that the Company reasonably determines that such Authorized User has violated this Agreement or appears likely to do so.
In addition, You agree not to engage in any of the following prohibited activities: (i) transmitting spam, chain letters, or other unsolicited email; (ii) attempting to interfere with, compromise the system integrity or security or decipher any transmissions to or from the servers running the Site; (iii) taking any action that imposes, or may impose at our sole discretion an unreasonable or disproportionately large load on our infrastructure; (vi) uploading invalid data, viruses, worms, or other software agents; (iv) collecting or harvesting any personally identifiable information from the Site, except as expressly permitted by the features of the Site; or (v) impersonating another person or otherwise misrepresenting your affiliation with a person or entity, misrepresenting your credentials, conducting fraud, hiding or attempting to hide your identity.
The user is required to provide truthful information in their profile or job post.
It is prohibited to use any text or images from the Site for personal or commercial use.
The Company, without prior notice, may change the Site; stop providing the service or features of the Site, to you or to Users generally. We may permanently or temporarily terminate or suspend your access to the Site without notice and liability for any reason, including if in our sole determination you violate or breach any provision of these Terms & Conditions, commit fraud or other abuse using the Site, or for no reason. The Company may involve law enforcement authorities in prosecuting Users involved in such violations.
You are completely responsible for your interactions with other Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. The Company shall have no liability for your interactions with other Users, or for any User’s action or inaction. The Company shall have no obligation to you to enforce these Terms & Conditions against any other User.
The Site is controlled and operated by the Company. The Company makes no representations that the Site or the materials available via the Site, are appropriate or available for use in other locations outside of Canada. Those who choose to access the Site from other locations do so on their own initiative and are responsible for compliance with all Canadian laws as well as local laws, if and to the extent local laws are applicable.
This Agreement and any disputes shall be governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein.
This Agreement, and any rights and licenses granted hereunder, may not be transferred or assigned by you, but may be assigned by the Company without restriction.
Nothing in this Agreement shall be construed as making either party the partner, joint venturer, employer, contractor, recruiter or employee of the other. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound.
The Company may provide notifications, whether such notifications are required by law or are for marketing or other business related purposes, to you via email notice, registered mail, written or hard copy notice, or through conspicuous posting of such notice on the Site, as determined by the Company in its sole discretion. The Company reserves the right to determine the form and means of providing notifications to our Users, provided that you may opt out of certain means of notification as described in this Agreement. The Company is not responsible for any automatic filtering you or your network provider may apply to email notifications we send to the email address you provide us. We recommend that you add the Sites domain to your email address book to help ensure you receive email notifications from us.
This Agreement, together with any amendments and any additional agreements you may enter into with the Company in connection with the Site, shall constitute the entire agreement between you and the Company concerning the Site.
No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and the Company’s failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.
The Company does not hold responsibility for any untruthful and/or inaccurate information included in job posts and profiles contained on the Site.
The Company reserves the right to edit or delete any information submitted by the User to the website.
The Site and all “Content” refers to all materials therein or transferred thereby, including, without limitation, software, images, audio, video, music, text, files, photographs, graphics, illustrations, logos, patents, trademarks, copyrights, service marks, interfaces, web pages, product names, company names, and User Content, including the format in which the Content is presented or appears, and all intellectual property rights related thereto, are the exclusive property of the Company and its licensors.
Except as explicitly provided herein, nothing in this Agreement shall be deemed to create a license in or under, any such intellectual property rights, and you agree not to sell, license, rent, modify, distribute, copy, reproduce, transmit, publicly display, publicly perform, publish, adapt, edit or create derivative works from any materials or content accessible on the Site. Use of the Company Content or materials on the Site for any purpose not expressly permitted by this Agreement is strictly prohibited.
You agree that any feedback, comments, or suggestions you may provide regarding the Company or the Site are entirely voluntary and we will be free to use such feedback, comments or suggestions as we see fit and without any obligation to you.
THE COMPANY DOES NOT GUARANTEE ANY RESULTS FROM USING THE SITE. THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. USE OF THE SITE IS AT YOUR OWN OPTION AND RISK. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE SITE IS PROVIDED WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ANY INFORMATION, DOCUMENTS, OR MATERIAL THAT MAY BE POSTED ON, OR AVAILABLE THROUGH, THE SITE ARE FOR INFORMATIONAL PURPOSES ONLY AND ARE NOT INTENDED TO REPLACE OR BE A SUBSTITUTE FOR ANY PROFESSIONAL FINANCIAL, LEGAL, TAX, COMPLIANCE, OR OTHER ADVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM THE COMPANY OR THROUGH THE SITE WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED HEREIN. WITHOUT LIMITING THE FOREGOING, THE COMPANY, ITS SUBSIDIARIES, AND ITS LICENSORS DO NOT WARRANT THAT THE CONTENT IS ACCURATE, RELIABLE OR CORRECT; THAT THE SITE WILL MEET YOUR REQUIREMENTS; THAT THE SITE WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION, UNINTERRUPTED OR SECURE; THAT ANY DEFECTS OR ERRORS WILL BE CORRECTED; OR THAT THE SITE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. ANY CONTENT DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SITE IS DOWNLOADED AT YOUR OWN OPTION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH DOWNLOAD OR YOUR USE OF THE SITE.
THE COMAPNY DOES NOT WARRANT, ENDORSE, GUARANTEE, OR ASSUME RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY A USER OR THIRD PARTY THROUGH THE SITE OR ANY HYPERLINKED WEBSITE, AND THE COMPANY WILL NOT BE A PARTY TO OR IN ANY WAY MONITOR ANY TRANSACTION BETWEEN YOU AND A USER OR THIRD-PARTY PROVIDERS OF PRODUCTS OR SERVICES.
THE COMPANY DOES NOT WARRANT THAT YOUR USE OF THE SITE WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS. YOU ARE SOLELY RESPONSIBLE FOR ENSURING THAT YOUR USE OF THE SITE IS IN ACCORDANCE WITH APPLICABLE LAW.
Limitation of Liability
The Company offers a service for Employers and Recruiters to advertise job opportunities and Candidates to post resumes and does not review, screen or censor the job postings or resumes offered. The Company maintains a third party status and does not get involved in the actual transaction between Candidate and Employer or Recruiter. The Company has no control over the authenticity or legality of communications and Users need to be prepared to face the risks associated with the use of the Site which may include, but are not limited to the risk of (i) physical harm, (ii) dealing with persons without the proper work permit or age requirement, or (iii) dealing with persons acting under false pretenses or claiming to be someone else. The User accepts all risks associated in using the Sites and are urged to cautiously engage in contact established with other Users of the Sites. Content may contain inaccuracies or typographical errors. The Company does not claim that all Content submitted is accurate, reliable, complete or timely. The Company is not to be considered an Employer or Recruiter and is not responsible for any employment or hiring decisions made by an Employer or Recruiter posting jobs on the Site.
THERE IS NO GUARANTEE THAT PERSONAL INFORMATION AND TRANSACTIONS ON THE SITES OR ON THE INTERNET WILL BE MAINTAINED CONFIDENTIAL AND SECURE. THE USE OF THE SITES AND THE CONTENT IS AT THE USER’S OWN RISK AND THE COMPANY ASSUMES NO LIABILITY OR RESPONSIBILITY PERTAINING TO THE CONTENT, THE USER’S USE OF THE SITES OR THE RECEIPT, STORAGE, TRANSMISSION OR OTHER USE OF THE USER’S PERSONAL INFORMATION.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT SHALL THE COMPANY, ITS AFFILIATES, AGENTS, DIRECTORS, EMPLOYEES, SUPPLIERS OR LICENSORS BE LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES, THAT RESULT FROM THE USE OF, OR INABILITY TO USE, THIS SERVICE. UNDER NO CIRCUMSTANCES WILL THE COMPANY BE RESPONSIBLE FOR ANY DAMAGE, LOSS OR INJURY RESULTING FROM HACKING, TAMPERING OR OTHER UNAUTHORIZED ACCESS OR USE OF THE SITE OR YOUR ACCOUNT OR THE INFORMATION CONTAINED THEREIN.
THIS LIMITATION OF LIABILITY SECTION APPLIES WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER BASIS, EVEN IF THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.
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