Terms & Condition
Your access and usage (“Use”) of this website, www.videocareerfinder.com (“Site”) is subject to legally binding Terms and Conditions of Site Use (the "Agreement”). Carefully read the Agreement below before accessing or using this Site. By Using this Site you are deemed to have read, understood, accepted and legally bound, on your own behalf or on behalf of any entity on whose behalf you may act, to this Agreement. If you do not accept or agree with this Agreement, or do not meet or comply with its provisions, you should not Use this Site. This Agreement applies exclusively to your Use of this Site and does not alter any other terms, conditions or agreements you may have with Video Career Finder Inc. (“VCF”). In case of inconsistency between this Agreement and any other terms, conditions or agreements you may have with VCF, this Agreement shall prevail, but only to the extent of any inconsistencies.
Please note that this Site can only be Used by those who complete and are approved through an electronic registration process (“Registration”). All other Use, without Registration, is strictly prohibited. This Agreement is also presented to Users at the time of Registration. Users are given an opportunity to read, accept and acknowledge acceptance during the Registration. Hence, carrying through with the Registration process also deems you to have read, understood, accepted and legally bound, on your own behalf or on behalf of any entity on whose behalf you may act, to this Agreement.
1. Certain Definitions
The following words, used in this Agreement, are given the meanings herein prescribed unless the context in which they are used requires a different meaning:
"Advertisement" includes a job vacancy advertisement, and other advertising use permitted by VCF of the Site by Clients;
"Applicant" includes a Candidate, and more specifically means an Applicant who applied for an Advertisement on the Site or Uses the Site with a view to securing employment;
"Client" means any person or entity, other than an Applicant, using the Services of the Site. Clients include, but are not limited to, Direct Employers, Recruitment Agencies, Advertising Agencies, or companies using the Site for advertising purposes;
"CV" means the curriculum vitae or other summary or outline detailing a Applicant's education, training, skills and employment experience which is uploaded or provided to VCF by an Applicant for distribution to Clients with a view to securing employment;
"Fees" means the fees, payments or charges payable by the User to VCF;
"Free Trial" means a period of time, at the sole and absolute unfettered discretion of VCF, during which a User has Use of the Services of this Site without provision of Fees;
“Materials” include, but are not limited to, a CV, Video Profile, Advertisement, Personal Information and other materials provided by Users with a view to securing employment or filling a vacancy;
"Question" means any question asked by a Client to an Applicant as part of an application process;
“Registration” means the process implemented at the sole and absolute unfettered discretion of VCF that must be followed to become a User and thereby gain access to the Services offered by VCF on this Site;
"Services" mean the features and functionality offered by VCF on this Site, including, but not limited to, Video Profiles, Resumes, Advertisements, Career Coach, Video Coach, Human Resource Services, Internal Hire, and any other Services that are or may be provided by VCF to Users with a view to securing employment or filling a vacancy;
"Service Agreement" means a Service Agreement for the supply of any Services by VCF to a User comprising this Agreement, those entered into during Registration and any other agreements that may be entered into between VCF and a User, either in paper or electronic format;
“Submission” includes uploading, saving, storing and similar actions taken with respect to putting Materials on the Site;
“User” means a person or entity that has completed Registration and hence is authorized to Use this Site and the Services provided on it, comprising both Applicants and Clients, and any other party that may Register to Use this Site;
“Vacancy” includes a job that is Advertised, or any other form of recruitment by a Client;
"Video Profile" means a Service that allows Applicants to create a Video Profile for review by Clients for the purposes of filling a vacancy;
"VCF” means Video Career Finder Inc., having its head office at 2100 Bloor Street West, Suite #6210 - Toronto, Ontario Canada - M6S 5A5. The term includes, but is not limited to VCF’s affiliates, agents, licensors, suppliers, or their respective Directors, Officer or Employees; and
“You” is another term referring to a User, and other parties as specifically addressed in this Agreement.
2. Interpretation
Unless the context requires a different interpretation (or this Agreement expressly provides otherwise) the following rules should be used to interpret this Agreement:
Any reference to a provision of a statute includes references to that provision as amended, extended or replaced by any other provision regardless of whether the other provision became law before or after the User entering into this Agreement. Words used in the singular tense should be interpreted to include the plural tense and vice versa and words importing persons include individuals, bodies corporate and unincorporated and words which refer to one gender should be interpreted to include other genders. Any use of the word "including" will not be limited to the words that follow. The headings in this Agreement are inserted for clarification only and are not for purposes of and will not affect its interpretation.
3. Changes to Agreement
This Agreement applies to the exclusion of all previous agreements, where written or verbal, issued by VCF. This Agreement shall apply to any and all Users of the Site irrespective of whether or not Use of the Site is made after the date on which this Agreement were posted on the Site.
VCF may modify this Agreement at any time by publishing the modified Agreement on the Site. Your continued Use of the Site after such publication date constitutes your agreement to be bound by such modifications. Any latest modification date may be accessed by selecting the Terms and Conditions of Use link on the Site and it is your responsibility to ensure you are aware of the most recently published Agreement at any time, whether or not you read this Agreement only at the time of Registration. Also note that this Agreement may change from time to time and it is your responsibility to check for such updates. The last revision date for these terms and conditions is set forth below.Last revised: January 30th, 2011
No variation or alteration to this Agreement or any representations about the Services shall have any effect unless expressly agreed and confirmed in writing by a director of VCF.
4. Changes to Site and Services
VCF is entitled at any time without notifying the User to make changes to the Site and Services, whether or not necessitated to comply with any applicable security or other statutory requirements and shall determine the manner in which the Site and Services are provided.
5. Permitted and Prohibited Uses
Use of the Site is open only to those who complete and fulfill the Registration process, as set out in the sole and absolute unfettered and absolute unfettered discretion of VCF. The intent of this Site includes, but is not limited to, assist Applicants and Clients to upload Materials, in accordance with this Agreement, particularly, Video Profiles, with a view to securing employment, and, in the case of Clients, gaining access to Applicants and their Materials with a view to filling vacancies or recruiting talent. Any other Use of this Site, other than that to do with employment, is strictly prohibited.
The Site allows Applicants to Register and upload Materials for Clients to view at-large (“Public Profile”) or to restrict access to Materials to those Advertisements or Clients that Applicants would expressly like to be considered for and by (“Private Profile”). All Users accept and agree to abide by such Profile decisions made by Applicants.
VCF provides for very specific submission policies and guidelines presented in the Service Agreement, as well as after Registration and Use of the Site Services, including, but not limited to, scripted Video Profile submissions. Such policies and guidelines must be strictly adhered to by Users.
The Applicant will respond to Clients in a polite and professional manner. Should an Applicant be abusive or offensive their details will immediately be removed and they will be suspended from using the Site for as long as VCF deem necessary. The same applies to communications by the Client to Applicant or any other User whatsoever.
VCF does not permit any copyright infringing activities and infringement of other intellectual property and proprietary rights on the Site, and VCF will remove all Materials if properly notified that such Materials infringe on another's intellectual property or proprietary rights. VCF reserves the right to remove such Materials without prior notice and at its sole and absolute unfettered discretion.
If you are an owner of intellectual property or proprietary rights or an agent thereof and believe that any Materials or other content infringes upon your rights or the rights of the person or entity you act as an agent for, you may submit a notification by writing to us and providing the following information:
(a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
(b) identification of the Material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled and information reasonably sufficient to permit VCF to locate the Material;
(d) information reasonably sufficient to permit VCF to contact you, such as an address, telephone number, and, if available, an e-mail address;
(e) a statement that you have a good faith belief that use of the Material in the manner complained of is not authorized by the holder of those rights, its agent, or the law; and
(f) a statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
The above said claim must be sent to VCF's address to receive notifications of claimed infringement to Joanne Robinson, Video Career Finder Inc., 2100 Bloor Street West, Suite #6210 - Toronto, Ontario Canada - M6S 5A5, phone number 1 (855) 823-5627, joanne@videocareerfinder.com. For clarity, only claimed infringements should go to this address. Any other feedback, comments, requests for technical support, and other communications should be directed to VCF customer service through support@videocareerfinder.com. You acknowledge that if you fail to comply with all of the requirements of this section, your notice may not be valid. You also acknowledge that complying with all of the requirements above does not guarantee that VCF will remove such Materials. VCF retains the sole and absolute unfettered right and absolute unfettered discretion to make judgment as to whether the claim asserted is acceptable, that the Material complained of is infringing and whether or not to remove or disable access to such Material.
Materials which indicate an intention to discriminate on grounds including , but not limited to a User’s sex, age, religion, gender, ethnicity, sexual orientation or disability will not be accepted by VCF. If the Client is exempted from the above discrimination, a statement must be made before the Material is submitted or Service used stating the legal basis for the exemption. VCF reserves the right to accept or reject such explanation and exemption in its sole and absolute unfettered and absolute unfettered discretion.
VCF may at its discretion and without prior notice, report any Material submitted or Service used that in its reasonable opinion, is being used for an improper or illegal purpose by a User to the relevant authority. VCF may also disclose information about any User to any third party to protect its interests or the interests of other Users of the Site, subject to VCF’s Privacy Policy location at www.videocareerfinder.com.
VCF may, at its sole and absolute unfettered discretion and without notice, report improper or illegal use of Materials or the Site Services by the Applicant to its Clients.
VCF has the right at its sole and absolute unfettered discretion to decline to distribute or forward, or to suspend or remove any Materials before or after VCF has accepted such Materials.
VCF may refuse, withdraw, or require to be amended any Materials which are illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon VCF or the User or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
6.1 Applicant-Specific Permitted and Prohibited Uses
Without limiting the generality of the foregoing applicable to all Users, Applicants undertake that the Materials submitted to the Site are true and accurate reflections of their education, employment, training history and that their personal details are correct. If any of the Materials submitted to the Site with the view to securing employment is found to be false or inaccurate in any way, VCF reserves the right to remove those Materials and/or suspend the Use of the Services of the Site for the Applicant.
In respect of any Materials submitted by the Applicant which contains the name or pictorial representation (Photographic, Video Profile or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Applicant must have obtained the authority of such living person to make use of such name, representation and/or copy.
In connection with Video Profiles, the Applicant further agrees that it will not submit Material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless the Applicant is the owner of such rights or has permission from their rightful owner to post the material and to grant VCF all of the license rights granted herein. The Applicant will not forward Materials that publish falsehoods or misrepresentations. The Applicant will not publish Material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offence, give rise to civil liability, violate any law, or is otherwise inappropriate. Finally, the Applicant will not forward Material where a person impersonates another person.
With respect to Applications made by the Applicant to a Client and/or in response to an Advertisement, the Applicant undertakes that:
(a) they have fully read and understood the requirements of the Advertised vacancy on the Site to which they make are making an Application;
(b) they have the appropriate skills and qualifications required by the Client and the necessary qualifications required by law;
(c) they satisfy or will attend to the necessary immigration requirements of the country in which the position will be situated;
(d) the details they provide to the Client as part of an Application are a true and accurate reflection of their education, employment, training history and that their personal details are correct and that any Questions asked by the Client as part of the Application process are answered solely by the Applicant and without any assistance from a third party;
(e) that if any of the information used in an Application or is found to be false or inaccurate in any way, VCF reserves the right to remove those details and/or suspend the use of the Services of the Site for the Applicant;
(f) in respect of any Materials submitted during the Application which contains the name or pictorial representation (Photographic or Video Profile or otherwise) of any living person and/or any part of any living person and/or any copy by which any living person is or can be identified, the Applicant has obtained the authority of such living person to make use of such name, representation and/or copy.
6.2 Client-Specific Permitted and Prohibited Uses
Without limiting the generality of the foregoing applicable to all Users and any legal requirements placed upon Clients as employers, the Client hereby undertakes and warrants to VCF:
(a) to use all reasonable precautions against access of the Site (or any website that is, or may become linked to any website) by any unauthorized persons, including but not limited to, the use of user names and passwords and the securing of information relating to communications between the Client's hardware and the rest of the Site;
(b) to comply with the provisions of any and all relevant privacy legislation with regard to any Applicant information received by it and in particular to keep such information confidential;
(c) to comply with any employment, labour, human rights and any and all relevant legislation with regards to their Use of the Site as an employer or prospective employer as if they were conducting Advertisement or recruitment in the normal course of business, and not over this Site;
(d) to obtain from the Applicant, as much information about such User’s qualifications and experience, as is necessary for determining whether the Applicant is suitable for employment, and shall ascertain that the Applicant has such qualifications as are required by law;
(e) to ensure that the Applicant is fully aware of any right and/or obligations imposed by law, which must be satisfied by the Applicant and that any employment resulting there from shall be legal;
(f) to not to employ, or make arrangements to employ, a young person (being a person under the age required by the locale in which the Applicant will be employed) who is attending, or has ceased to attend school, unless the Client has made all such enquiries as are reasonably practicable for the purposes of ascertaining that the young person has received vocational advice;
(g) to ensure that the Applicant, before departing for the employment, receives a written statement in a language they understand giving full details of their employment;
(h) to keep a written record of all job applications, for a period of not less than one year from the date of employment or, where no employment results, from the date the job application is rejected;
(i) to use all Materials supplied for the sole and absolute unfettered purpose of endeavoring to provide or locate suitable employment on behalf of Applicants;
(j) to keep confidential the Materials and all other information supplied by VCF or Applicants to the Client or its employees or agents and shall only use such information for the purpose of providing employment opportunities for Applicants; and
(k) to not submit, copy, supply, re-sell, distribute or make available in any way any Materials or other information received from the Site to any other company.
6.3 Discretion with Regard to Uses
VCF expressly reserves the right to remove Materials, issue notices to alter or change Materials, suspend accounts and any other action VCF deems necessary to ensure compliance with Permitted and Prohibited uses, in its sole and absolute unfettered and absolute discretion.
7. Registration and Password
Users are responsible for completing the Registration process required to Use this Site. VCF retains the right to review, and at its sole and absolute unfettered discretion, without notice or reason, to reject any Registration. Once a Registration is successful, the User is responsible for maintaining the confidentiality of its Registration information and password. The User is also responsible for all uses of its Registration, whether or not authorized by the User. The User agrees to immediately notify within 24 hours. VCF of any unauthorized use of its Registration or password. A User’s right to Use the Site is not transferable. Any password or right given to User to obtain forms is not transferable.
8. Proprietary Rights
VCF will exclusively own any intellectual property, ideas, concepts, know-how or techniques developed by VCF or obtained during the execution of the Services.
For greater certainty, and without limiting the generality of the foregoing, the User retains all of the ownership rights of the Materials. However, by submitting Materials to VCF and the Site, the Parties hereby grant VCF a worldwide, non-exclusive, royalty-free, sublicense able and transferable license to use, reproduce, distribute, prepare derivative works of, display, and perform the Materials in connection with the Site and VCF's (and its affiliated or successor's) business, including without limitation for promoting and redistributing part or all of the Site (and derivative works thereof) in any media formats and through any media channels. Subject to the type of Profile you chose (Public or Non-Public), you also hereby grant each User of the Site a non-exclusive license to access your Materials through the Site, and to use, reproduce, distribute, prepare derivative works of, display and perform such Materials as permitted through the functionality of the Site and under this Agreement. The foregoing license granted by you terminates once you remove or delete Materials from the Site.
9. Links and Third Party Materials
The Site may contain links to other Web sites. VCF is not responsible for the content, accuracy, or opinions expressed in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by VCF. Inclusion of any linked Web site does not imply approval or endorsement of the linked Web site by VCF. If you decide to leave our site and access these third party sites, you do so at your own risk.
10. Agreement to Privacy Policy
VCF reserves the right, and User authorizes VCF, to the use and assignment of all information regarding Site Uses by User and all information provided by User in any manner consistent with the VCF Privacy Policy location at www.videocareerfinder.com. User is deemed to have read, understood, accepted and be legally bound by the Privacy Policy in compliance with this provision.
11. Termination and Cancellation
Once a Service Agreement is signed a User, the Service Agreement remains in force for the full duration of the term contemplated within that Service Agreement and may not be cancelled by the User.
VCF reserves the absolute right, without giving any reasons, to decline, cancel or remove any Materials, provision of Services and/or cancel any Service Agreement for any reason and at any time without prior notice, at its sole and absolute unfettered and unfettered discretion, without any abatement in fees paid or outstanding.
For greater certainty, and without limiting the generality of the foregoing, VCF:
May, at its sole and absolute unfettered discretion, terminate the provision of the Services to the Applicant at any time by notice in writing to the other Applicant (the "Defaulting Party") if the Defaulting Party is in breach of this Agreement and fails to remedy such breach within 14 days of notice from the other party requiring it to be remedied;
Has the right at its sole and absolute unfettered discretion to decline to distribute or forward, or to suspend or remove any Application accepted by it; and
May refuse, withdraw, or require to be amended, any Application which is illegal, immoral, obscene or offensive or so as to comply with the legal or moral obligations placed upon VCF or the Applicant or to avoid infringing a third party's rights or any statutory or regulatory requirements or is designed to or is likely to cause disruption to any computer system or network.
The Client is responsible for checking that a Applicants references relating to his/her qualifications, skills, character, experience are satisfactory and seeing that the legal and medical requirements relating to a Applicant have been met, including obtaining a work permit when necessary. VCF does not make any checks on Users and neither do they provide any assurances as to a User’s suitability both technically or otherwise or the any representation about an Advertisement for a vacancy. Any misrepresentation of any sort by any User will allow VCF to exercise its sole and absolute unfettered discretion to remove the User and/or Materials from the Site.
VCF will also terminate a User's access to its Site, if they are determined to be a repeat offender. A repeat offender is a User who has been notified of infringing activity more than twice and/or has had Materials removed from the Site more than twice.
12. Disclaimers
The User agrees and acknowledges that no condition, warranty or representation of any kind is, has been, or will be, given by or on behalf of VCF in respect of or in connection with the Services and accordingly the User confirms that it has not, in accepting this Agreement, relied on any condition, warranty or representation by VCF or any person on its behalf, express or implied, whether arising by law or otherwise in relation to or in connection with the Services. The benefit of any such condition, warranty or representation by VCF is hereby irrevocably and unconditionally waived by the User.
Except as otherwise provided by statute, VCF disclaims all warranties, express or implied by law or statute, in relation to, but not limited to, the Site.
VCF will only make available or supply copies of the Materials that have been received by it for distribution to Clients of VCF solely for the purpose of securing suitable employment for the Applicant.
For greater certainty and without limiting the generality of the foregoing:
You understand that when using the Site, you will be exposed to Materials from a variety of sources, and that VCF is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Materials. You further understand and acknowledge that you may be exposed to Materials that are inaccurate, offensive, indecent, or objectionable, and You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against VCF with respect thereto, and agree to indemnify and hold VCF, its Owners/Operators, affiliates, and/or licensors, harmless to the fullest extent allowed by law regarding all matters related to Your Use of the Site.
VCF does not make any representation whatsoever about any Advertisement accessed either on, by virtue of or by way of any links from the Site nor about any of the Clients who use Services on the Site.
VCF relies on information provided to it by its Clients and via third parties and accordingly it is a matter for the Applicant to satisfy itself as to the suitability of any Client using the Services on the Site or of any Advertisement found directly or indirectly through the Site.
VCF does not endorse any information on the Site, including, but not limited to Materials and Advertisements, or any opinion, recommendation, or advice expressed therein, and VCF expressly disclaims any and all liability in connection with such information.
VCF will not be held responsible in any way for the contents of any information published by You on the site.
VCF shall not be responsible for any failure to provide the Services, or unavailability of the Site, as a result of circumstances beyond its reasonable control.
You agree to provide VCF, in such a format as VCF may request, any and all information necessary to enable VCF to provide its Services. VCF shall not be obliged to provide those Services until You have supplied it with the information necessary to provide those Services.
The Site allows users to submit Materials for the sole and absolute unfettered and exclusive purpose of gaining employment or recruitment. The Applicant and Client understand that VCF does not guarantee any confidentiality with respect to any submissions for the above said purposes, especially once an Applicant and Client have engaged each other with a view to employment, except as referred to in the Privacy Policy location at www.videocareerfinder.com.
The User shall be solely responsible for its content and the consequences of posting or publishing such. In connection with Video Profiles, the Applicant and Client affirm that they own or have the necessary licenses, rights, consents, and permissions to use and authorize VCF to use all patent, trademarks, trade secret, copyright or other proprietary rights to enable inclusion and use of the Materials in the manner contemplated by the Site and these Agreement. Furthermore, the Client and Applicant affirm that they have the written consent, release, and/or permission of each and every identifiable individual person in the Video Profile to use the name or likeness of each and every such identifiable individual person to enable inclusion and use of the Video Profile in the manner contemplated by the Site and this Agreement.
VCF also reserves the right to decide whether information, including, but not limited to Materials and Advertisements is appropriate and complies with this Agreement for violations other than copyright infringement and violations of intellectual property law, such as, but not limited to, pornography, obscene or defamatory material, or excessive length. VCF may remove such information and/or terminate a User's access for uploading such information in violation of this Agreement at any time, without prior notice and at its sole and absolute unfettered discretion.
Subject to the type of profile chosen by an Applicant, the Services are subject to any instructions from an Applicant that his or her details should or should not be made available to the Client and VCF will only make available or supply copies of Materials which have been received by it for distribution to Clients of VCF solely for the purpose of securing suitable employment for the Applicant.
VCF does not guarantee the minimum number of times Materials will be viewed by or distributed to Clients in any given period of time, or any other usage statistics of User Profiles and the Site in general.
VCF will (under normal circumstances) ensure that Materials are searchable online within 24 hours of complete Registration including receipt of the full Materials from the User.
VCF will use all reasonable endeavors to ensure the site is fully operational at all times, however, the Client accepts that VCF may experience some down time as a result of technical failure and cannot guarantee access or usage of the site at all times.
VCF does not verify or guarantee any Applicant's details whether forwarded to the Client via VCF or otherwise. VCF accepts no responsibility as to the suitability of Applicants who respond to Advertisements or Services. The Client shall satisfy itself as to the suitability of any Applicant and shall take up any reference provided by the Applicant before engaging any such Applicant.
While VCF employs a screening process with respect to Applicants and Clients, at its sole and absolute unfettered and unfettered discretion, VCF is not liable for incorrect and/or falsified information and/or Materials that are, have been or may be provided by such Applicants or Clients. Furthermore, once the Applicant and Client engage one another through the Site, VCF disclaims all liability for any incorrect and/or falsified information and/or Materials that have been or may be provided amongst and between Applicant and Client. Despite VCF’s screening processes, it is a Client’s and/or Applicant’s responsibility to verify all information and/or Materials provided between the parties for, amongst other purposes, accuracy. VCF will be held harmless in the circumstances that incorrect and/or falsified information and/or Materials lead to the detriment of a Client or Applicant.
The Client shall be responsible for obtaining work, or any other permits, for the arrangements of medical examinations and/or investigations into medical history of any Applicant, and shall satisfy itself of any medical or other requirements or qualifications required by law.
In no event will VCF be liable for damages or losses resulting from viruses, data corruption, failed messages, transmission errors or problems, telecommunications service providers, links to third-party Web sites, the Internet backbone, personal injury; third party content, loss of use or lack of availability of facilities including computer resources, routers and stored data, the use or inability to use this Site or the content any other Web site accessed to or from this Site beyond the reasonable control of VCF.
You accept that VCF shall not be liable for any failure to provide the Services (or any part thereof) as a result of Your failure to comply with this Agreement.
13. Limitation of Liability
The User shall be responsible for all reasonable costs, claims, damages, loss, expenses and liabilities incurred by VCF arising out of the User’s breach of its obligations under this Agreement (including, without limitation, on a solicitor and own client basis, any legal fees and disbursements reasonably incurred by VCF).
For greater certainty, and without limiting the generality of the foregoing, VCF:
(a) does not accept liability of any description, including liability for negligence (except for personal injury or death), or any damages or losses (including, but without limitation to indirect or consequential loss, or loss of business, revenue, profits, use or opportunity) howsoever resulting from the Client's use of (or inability to use) this Site;
(b) makes no warranty that this Site (or any website that is, or may become linked to this website) is free from computer viruses, "cookies", or any other malicious or impairing computer programs and/or that the Site shall operate uninterrupted and error-free;
(c) does not accept liability, of any description, however arising, for any loss or damage caused to any Client, or any other third party, arising from any virus or other impairing computer program contained in any Materials submitted by any Applicant;
(d) does not accept liability for any loss of copy, artwork, photographs, data, video profiles or other Materials that the Client supplies to VCF and the Client shall be responsible for retaining in its possession sufficient quality and quantity of such materials for whatsoever purposes it may require;
(e) does not accept liability for any mistakes or errors whatsoever that arise during the course of publication of any Advertisement or any loss of information or data or any damage thereto in each case as a result of circumstances beyond its reasonable control or which arise as a result of the acts or omissions of the Client and Applicant;
(f) does not accept liability for any failure to secure employment or consequential loss (whether caused by the negligence of VCF, its employees, clients or agents);
(g) does not accept liability for any delay, costs, expense, loss, damage or liability (including without limitation as a result of any hardware failure, provision or use of software, virus, deletion, corruption, loss or removal of data) howsoever caused arising from any matter beyond the reasonable control of VCF or as a result of the acts or omissions of the Applicant;
(h) does not accept liability for any loss or damage whatsoever howsoever caused arising out of the negligence, dishonesty, misconduct, breach of faith, incompetence, or the wrongful disclosure of confidential information by, any Client. It is for the Applicant to satisfy itself as to the integrity and reliability of all vacancy Advertisements placed on the Site;
Nothing in these Terms and Agreement will restrict or exclude VCF's liability for death or personal injury caused by its own negligence.
14. Indemnity
You agree at all times to indemnify, defend and hold harmless VCF against all actions, proceedings, costs, claims, damages, demands, liabilities and expenses whatsoever (including legal and other fees and disbursements) sustained, incurred or paid by VCF directly or indirectly in respect of any breach of this or any other Agreement, Use of the Site and Services, as a result of any undertaking or warranty being incorrect, a misrepresentation or misleading or infringement or violation of any person.
15. Fees and Payment
The Fees shall be those rates as agreed between VCF and the User in the Service Agreement. Payment for Services will be made according to the payment terms specified in the Service Agreement. If the User fails to make any payment by the due time the account will be suspended until all monies have been received. Delinquent accounts will result in the removal and/or cancellation of Your Use of this Site and its Services.
VCF will provide invoices to the User in accordance to the terms in the Service Agreement. Liability for payment arises from provision of the Services. Further, all items on the invoice are deemed to be payable and any errors or omissions must be communicated to VCF in time to be rectified and before payment becomes due. Payment for the provision of the Services shall be made as aforesaid whether or not the Client shall have provided VCF with an order number at the time of accepting the Service Agreement.
The User agrees to pay to VCF in respect of each item of Services for which payment is not made by the due time:
(a) the sum of $75.00 as an administration charge; and
(b) interest on the amount paid late at the rate of 4% per annum accruing from day to day (including the date on which payment was due) both before and after judgment.
All sums due in respect of the Fees are exclusive of any value added tax or other applicable sales tax, for which the User shall be additionally liable.
Upon launch of the Site and from time to time VCF may offer new Clients a "Free Trial" of the Site. Any Free Trial of the Site will be subject to any additional Terms and Terms and Agreement as published on the Site and/or in the Free Trial Service Agreement.
Without limiting the generality of the foregoing, VCF will not rebate, abate, reimburse or relinquish rights to any fees whatsoever whether paid or owing by an Applicant or Client to VCF in the case that an Applicant is not able to secure employment and/or a Client is unable to fill a Vacancy or Advertisement.
Any rebates, abatements, reimbursements, relinquishing of rights to fees or the like is within the sole and absolute unfettered and absolute unfettered discretion of VCF.
16. Notices
Notices required or permitted to be given under this Agreement shall:
(a) be in writing addressed to that other party at its registered office or principal place of business or such other relevant address as may at the relevant time have been notified pursuant to this provision to the other party giving the notice; or
(b) be in the form of an e-mail addressed to VCF at customerservice@videocareerfinder.com (or such other address as supplied by VCF) or if to the User, to the address provided in the User's details submitted during Registration or as subsequently amended and the User will be deemed to have received such notification within 24 hours of transmission.
The User is responsible for keeping contact information up to date and suspending or deleting their Materials and other details as soon as they are no longer seeking employment.
17. General
17.1 If any provision of this Agreement shall be invalid or unenforceable, it shall not affect any other provision, which shall remain in full force and effect. If any provision of this Agreement is held to be void or unenforceable in whole or in part, these shall continue to be valid as to the other provisions and the remainder of the affected provision. No waiver by VCF shall be effective except in relation to the matter in respect it was specifically given.
17.2 Any waiver by VCF of any breach of, or any default under, any provision of this Agreement by the User will not be deemed to be a waiver of any subsequent breach or default and will in no way affect the other terms of this Agreement.
17.3 Failure or delay by VCF in enforcing or partially enforcing any provision of this Agreement will not be construed as a waiver of any of its rights under this Agreement.
17.4 This Site is controlled, operated and administered by VCF from its offices in Canada, but the Site is available for use by Users in the United States. VCF makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada or the United States. If you access this Site from outside Canada or the United States, you are responsible for compliance with all local law. You may not export any of the content accessible through this Site in violation of applicable export laws and regulations. This Agreement shall be interpreted, governed by, and construed in accordance with, the laws of the Province of Ontario, Canada and each Party irrevocably submits to the exclusive jurisdiction of its courts, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. In submitting to the jurisdiction of the court of the Province of Ontario, Canada, each Party waives any objections based upon venue in any such action, suit or proceeding. 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 this Agreement will be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
17.5 This Agreement shall enure to the benefit of and be binding upon each User and each User’s respective successors and permitted assigns. You acknowledge having read this Agreement before accepting it, having the authority to accept this Agreement and having received a copy of this Agreement.
17.6 The acceptance of a Service Agreement for provision of Services amounts to an acceptance of this Agreement to the exclusion of any other Agreement. No variation shall be binding unless agreed in writing. For clarification, acceptance of a Service Agreement does not require a manual signature by either party. By selecting the Service Agreement Acceptance button on the Site the Client is deemed to have entered into the respective Service Agreement with VCF. Such provision is in compliance with all electronic commerce laws, including, but not limited to, the Electronic Commerce Act, 2000. S.O. 2000, CHAPTER 17, and all similar laws in the Your locale.
THIS SCHEDULE REPLACES ALL PREVIOUS SCHEDULES TO THESE TERMS AND CONDITIONS.
