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Terms of Use |
Please read these Terms and Conditions carefully before using this Site. Last Updated
on March 19, 2007
This web site (this "Site") is owned and operated by Passportal International Inc.
and its use is conditional on your acceptance of the following Terms and Conditions.
By accessing, using, and/or downloading messages, information, data, text, software
or images, or other materials from this Site (the "Materials"), and by sending messages,
information, data, text, software or images, or other materials to the Site ("Content"),
you agree on your own behalf and on behalf of any entity on whose behalf you may
act to accept and abide by these Terms and Conditions for each use and each visit
of this Site. If you do not agree to abide by these Terms and Conditions, you should
not use this Site or download or use Materials from it. These Terms and Conditions
apply exclusively to your access to and use of this Site and do not alter the terms
or conditions of any other agreement you may have with Passportal International
Inc. In case of inconsistency between these Terms and Conditions and any other agreement
you may have with Passportal International Inc, the other agreement shall prevail,
but only to the extent of the inconsistency.
1. Changes to Terms and Conditions
Passportal International Inc has the right, in its sole discretion, to add to, remove,
modify or otherwise change any part of these Terms and Conditions, including the
Privacy Policy, in whole or in part, at any time. Changes will be effective when
notice of such change is posted at this Site. Please check these Terms and Conditions
frequently for updates by checking the date of "Last Update" at the top of this
document. If any change is not acceptable to you, you must discontinue your use
of this Site immediately. Your continued use of this Site or downloading or use
of Materials from it after any such changes are posted will constitute acceptance
of those changes.
2. Changes to this Site
Passportal International Inc may terminate, change, suspend or discontinue any aspect
of this Site, including (i) changing the availability of any features, at any time
without notice or liability; (ii) changing any fees or charges for use of the Site,
including instituting new or increased fees or charges for the use of the Site or
any other Site-related services (the "Services") or any features thereof; (iii)
removing, adding, modifying or otherwise changing any Materials on or from this
Site; or (iv) imposing limits on certain features and Services or restricting your
access to parts or all of this Site without notice or liability for any reason whatsoever.
Passportal International Inc reserves the right but not the duty, in its sole discretion,
to correct any errors or omissions in any portion of this Site at any time without
notice.
3. Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking employment
and career information ("job seekers"), and by employers ("Employers") and recruitment
companies ("Recruiters") seeking employees. You agree to use the Site only to send
Content and receive Materials that are proper and related to purpose of the Site.
Subject to these Terms and Conditions, Passportal International Inc grants you a
non-exclusive, non-transferable, limited right to access, use and view this Site
and the Materials thereon, solely for your own personal or internal company use,
provided, however, that you may not, nor may you allow others to, directly or indirectly:
(i) remove, from any copy of the Materials downloaded, the copyright or other proprietary
notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify
the Materials in any way or reproduce or publicly display, perform, or distribute
or otherwise use them for any public or commercial purpose, including without limitation
use of the Materials on any other web site; (iii) transfer the Materials to any
other person without the written consent of Passportal International Inc; (iv) print
or copy any of the HTML or other computer programs that are accessible at this Site;
(v) use this Site in any manner that could damage, disable, overburden or impair
this Site; (vi) interfere with the security of, or otherwise abuse, this Site or
any services, system resources, accounts, servers or networks connected to or accessible
through this Site or affiliated or linked sites; (vii) disrupt or interfere with
any other person's use or enjoyment of this Site or affiliated or linked sites;
(viii) upload, post or otherwise transmit on this Site any Content that would negatively
affect the functioning of the Site, including without limitation computer viruses
or other harmful, disruptive or destructive files or computer programs or that imposes
an unreasonable or disproportionately large load on this Site's infrastructure;
(ix) use any robot, spider or other automatic program or device, or manual process
to monitor, copy, summarize, or otherwise extract information from this Site or
the Materials in whole or in part; (x) use or attempt to use another's account,
password, service, system or other information without prior written authorization
from Passportal International Inc; (xi) create or use a false identity on this Site;
(xii) attempt to obtain unauthorized access to this Site or portions of this Site
that are restricted from general access; (xiii) transmit on, to or from this Site
spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv)
harvest or otherwise collect information about others, except for the sole stated
purposes provided by this Site, including e-mail addresses, without their consent;
or (xv) register an e-mail address that you do not own or for which you do not have
the express permission of the owner to register.
You may post certain Content to the Site. You may only post Content for the lawful,
stated purposes of this Site. You agree, that in posting Content, you will not,
nor will you allow others to, directly or indirectly: (i) post any incomplete, false
or inaccurate biographical information or information which is not your own accurate
resume; (ii) post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity,
"club membership", distributorship or sales representative agency arrangement or
other business opportunity which requires an up front or periodic payment, requires
recruitment of other members, sub-distributors or sub-agents; (iii) delete or revise
any material posted by any other person or entity; (iv) post or transmit any Content
that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous,
vulgar, obscene, or tortious or materials which infringe or violate any third party's
copyright, trademark, trade secrets, privacy or other proprietary or property right
or that could constitute a criminal offence, give rise to civil liability or otherwise
violate any applicable law; (v) impersonate any person or entity, including without
limitation a Passportal International Inc employee or agent, an authorized user
of Passportal International Inc Services, a Job Seeker, an Employer or a Recruiter,
or otherwise misrepresenting your affiliation with any person or entity; (vi) post
opinions, notices or advertisements, commercial or otherwise or solicit business
from Recruiters or Employers who post on the Site, including any solicitation by
any of our competitors of Recruiters or Employers who post on the Site.
Passportal International Inc reserves the right at all times to disclose any Content
provided by you as necessary to satisfy any law, regulation or governmental request,
or to edit, refuse to post or remove any Content, in whole or in part, that at the
discretion Passportal International Inc is objectionable or in violation of these
Terms and Conditions.
In addition, you agree that you are solely responsible for actions and communications
undertaken or transmitted in the course of your usage of this Site, and that you
will comply with all laws that apply or may apply to your use of or activities on
this Site or in respect of the Content and Materials. Passportal International Inc
will investigate occurrences which may involve such violations and may involve,
and cooperate with, law enforcement authorities in prosecuting users who are involved
in such violations.
4. Registration and Password
You are responsible for maintaining the confidentiality of your registration information
and password. You shall be responsible for all uses of your registration, whether
or not authorized by you. You agree to immediately notify Passportal International
Inc of any unauthorized use of your registration or password.
5. Proprietary Rights
Limited License and Copyright. This Site, including all Materials, is protected
by Canadian and worldwide copyright laws and treaty provisions. You agree to comply
with all copyright laws worldwide in your use of this Site and to prevent any unauthorized
copying of the Materials. Except as expressly provided herein, Passportal International
Inc does not grant any express or implied right or license to you under any intellectual
property right, including under any patent, trademark, copyright, trade secret,
or confidential information, of Passportal International Inc.
Reservation of Rights. Passportal International Inc Services, methods and processes
may be covered by one or more patents or other statutory intellectual property rights,
and are subject to trade secret and other proprietary rights. Passportal International
Inc reserves all such rights.
Trademarks. The Services names, company names and logos used on this Site may be
trademarks, including registered trademarks of Passportal International Inc. Such
Services names, company names and logos of Passportal International Inc may not
be copied, imitated or used, in whole or in part, without the prior written consent
of Passportal International Inc. Other services and company names mentioned on this
Site may be the trademarks of their respective owners.
Software. Any software, including calculator software, as well any files, images
generated by such software, code and data accompanying such software (the "Software"),
used or accessible through this Site is the copyrighted work of Passportal International
Inc or its licensors. Unless provided for elsewhere, you are licensed to use the
Software on a non-exclusive basis for the purposes expressly stated on this Site.
Except as permitted by law, you may not use the Software for any other purpose or
attempt to decipher, de-compile, disassemble or reverse engineer any of the Software
comprising or in any way making up a part of the Site.
6. Links and Third Party Content
Certain links on this Site may take you to other web sites. Passportal International
Inc provides these links only as a convenience. These linked sites are not under
the control of Passportal International Inc. If you use these sites, you will leave
this Site. If you decide to visit any linked site, you do so at your own risk and
it is your responsibility to take all protective measures to guard against viruses
and other destructive elements.
Passportal International Inc is not responsible for the contents of any such linked
page or any other page not under its control. Passportal International Inc makes
no representation or warranty regarding, and does not endorse, any linked web sites,
the information appearing thereon or any of the products or services described.
Links do not imply that Passportal International Inc sponsors, endorses, is affiliated
or associated with, or is legally authorized to use any trademark, trade name, logo
or copyright symbol displayed in or accessible through the links, or that any linked
site is authorized to use any trademark, trade name, logo or copyright symbol associated
with Passportal International Inc.
7. Agreement to Privacy Policy
You agree to abide by Passportal International Inc Privacy Policy and respect the
confidentiality of the video résumés held on the Site and is incorporated by reference
into these Terms and Conditions.
8. Disclaimers
You acknowledge that any use of or reliance on this Site or any Materials shall
be at your sole risk. Passportal International Inc makes no representation or warranty
regarding the Site and/or the Materials, including with respect to the information
provided by third party legal and other consultants.
Not limiting the generality of the foregoing, the information provided on this Site
is for general informational purposes only. Information provided on the Site provide
by job-seekers, recruiters and employers is provided on an "As Is" basis, and Passportal
International Inc does not review it. Passportal International Inc does not warrant
or guarantee the truth, accuracy or completeness of this information. No lawyer-client,
advisory, fiduciary or other relationship is created by accessing or otherwise using
this Site.
This Site acts as a portal to enable our authorized employment agents to connect
Employers with the job seekers they need and to facilitate this we post job opportunities
from employers looking for workers and we record and host video resumes of job seekers.
Passportal International Inc does not screen or censor the listings offered and
as a result has no control over the quality, safety or legality of the jobs or resumes
posted, the truth or accuracy of the listings, the ability of Recruiters or Employers
to offer job opportunities to Job Seekers or the ability of Job Seekers to fill
job openings. In addition, there may be risks, including but not limited to risk
of physical harm of dealing with strangers, foreign nationals, underage persons
or people acting under false pretences. The user assumes all risks associated with
dealing with other users with whom you come in contact through the Site.
Passportal International Inc cannot and does not confirm that each user is who they
purport to be. We do not and cannot be involved in user-to-user dealings or control
the behaviour of participants on this Site, in the event that you have a dispute
with one or more users, you release Passportal International Inc (and our agents
and employees) from all claims, demands and damages of every kind and nature, known
and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of
or in any way connected with such disputes.
Passportal International Inc is under no legal obligation to, and generally does
not, control the Content provided by other users, which is made available through
the Site. By its very nature, other people's information may be offensive, harmful
or inaccurate, and in some cases will be mislabeled or deceptively labeled. While
Passportal International Inc will do its best to reduce harmful or inaccurate information
it does not guarantee, and makes no representations or warranties as to the truthfulness,
accuracy, reliability, currency or completeness of the Materials or about the results
to be obtained using the Materials. The use of the Site and the Material is at your
own risk.
This Site contains materials, data, information provided, posted or offered by third
parties, including third party provided content in relation to the job and employment
placement process. You agree that Passportal International Inc shall have no liability
whatsoever for any such third party material, data or information.
You acknowledge and agree that you are solely responsible for the form, content
and accuracy of any resume, job posting or other information placed by you, as applicable
on the Site.
Passportal International Inc shall not be responsible for any employment decisions,
for whatever reason made, by any entity posting jobs on the Site.
9. Limitation of Liability
YOU AGREE THAT PASSPORTAL INTERNATIONAL INC AND ANY THIRD PARTY MENTIONED ON THIS
SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING
WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING
WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS
OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION
WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE
MATERIALS, AND CONTENT PROVIDED, EVEN IF PASSPORTAL INTERNATIONAL INC, OR SUCH A
THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
The limitations of liability and disclaimers in these Terms and Conditions apply
regardless of the form of action, whether in contract, warranty, civil liability,
delict, quasi-delict, strict liability, negligence, or other tort and shall survive
a fundamental breach or breaches, or the failure of the essential purpose of contract
or the failure of an exclusive remedy.
10. Indemnity
You agree to defend, indemnify and hold harmless each of Passportal International
Inc, its affiliates, and each of their officers, directors, employees and agents,
including all third parties mentioned at the Site, from and against any and all
claims, actions or demands, including without limitation reasonable legal and accounting
fees, alleging or resulting from your use of the Site and the Materials or your
breach of these Terms and Conditions.
11. Choice of law
This Site is controlled, operated and administered by Passportal International Inc
from its offices in Barbados and makes no representation or warranty that materials
at this Site are appropriate or available for use at any locations internationally.
If you access this Site you are responsible for compliance with all local law. You
may not export any of the Materials accessible through this Site in violation of
applicable export laws and regulations. These Terms and Conditions shall be interpreted,
construed and governed by the laws in force in the Province of Ontario, without
reference to its conflict of laws principles, except where prohibited by mandatory
provisions of the laws applicable in your jurisdiction. Except in respect of any
matter relating to the enforcement of intellectual property rights and protection
of confidential information, the parties agree that any action, suit or proceeding
arising out of or related to these Terms and Conditions shall be commenced in Barbados.
Each party hereby agrees to submit to the jurisdiction of Barbados and to waive
any objections based upon venue in any such action, suit or proceeding. The United
Nations Convention on Contracts for the International Sale of Goods does not apply
to these Terms and Conditions.
12. Arbitration
Any and all disputes arising out of these Terms and Conditions, its performance,
breach, enforcement, existence or validity, including any failure of the parties
to reach agreement with respect to matters provided for in these Terms and Conditions
and all matters of dispute relating to the rights and obligations of the parties,
which cannot be amicably resolved, even if only one of the parties declares that
there is a difference, will be referred to and finally settled by private and confidential
binding arbitration before a single arbitrator held in Toronto, Ontario in English
and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as
amended, replaced or re-enacted from time to time. The arbitrator shall be a person
who is legally trained and who has experience in the information technology field
in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual
property rights and confidential information through injunctive or other equitable
relief through the courts.
13. General
(i) Except as expressly provided in additional terms of use for areas of the Site,
a particular legal notice, or an additional Agreement, these Terms and Conditions
constitute the entire agreement between Passportal International Inc and you with
respect to the subject matter hereof; (ii) Any cause of action you may have with
respect to your use of this Site or which is the subject of these Terms and Conditions
must be commenced within one (1) year after the claim or cause of action arises;
(iii) If for any reason a court of competent jurisdiction finds any provision of
these Terms and Conditions or portion thereof to be unenforceable, that provision
shall be enforced to the maximum extent permissible so as to effect the intent of
these Terms and Conditions, and the remainder of these Terms and Conditions shall
continue in full force and effect; (iv) The relationship of the parties is solely
that of independent contractors and neither party shall have any authority to act
for or bind the other party; (v) The waiver of any breach or default hereunder shall
not constitute the waiver of any other or subsequent breach or default; (vi) No
changes to these Terms and Conditions shall be made except by a revised posting
on this page.
14. Additional Terms of Use.
Certain areas of this Site may be subject to additional terms of use. By using such
areas, or any part thereof, you agree to be bound by the additional terms of use
applicable to such areas.
15. Fee Payments
Job placement service fee payments must be made directly to Passportal Internationals
bank account otherwise Passportal International Inc can not be responsible for any
fees paid to affiliates or other third parties. All payments made to Passportal
are non-refundable. Fees for video resume recording and hosting may be paid to an
authorized Passportal Affiliate list on the Passportal web site.
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