ICE HOCKEY JOBS RECRUITMENT AGENCY WEBSITE:

GENERAL TERMS & CONDITIONS

1. Interpretation

In these terms and conditions, the following words and phrases shall bear the following meanings:

1.1 “Applicable Law” means all applicable laws, enactments, regulations, regulatory policies, guidelines and codes of practice;

1.2 “Intellectual Property Rights” means (a) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, for any of these rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;

1.3 “person” means any individual, body corporate, unincorporated association of persons (including a partnership or joint venture), government, state, agency, organisation, and any other entity whether or not having a separate legal personality;

1.4 “Privacy Policy” means Ice Hockey Jobs Recruitment Agency privacy policy applying to the use of the Website (http://www.icehockeyjobs.com) which may be updated by Ice Hockey Jobs Recruitment Agency from time to time, and which is incorporated by reference into these terms and conditions;

1.5 “Ice Hockey Jobs” or “we” means Ice Hockey Jobs Recruitment Agency, a company registered in Canada under number: 000000 and whose principal place of business is at 1582 Celeste Crescent, Port Coquitlam, BC V3C 1E2, and “our” and “us” shall be construed accordingly;

1.6 “Website” means http://www.icehockeyjobs.com a website owned and operated by Ice Hockey Jobs Recruitment Agency; and

1.7 “You” means the person browsing and/or using the Website, and “your” shall be construed accordingly.

2. Introduction

2.1 We own and operate the website. We are Ice Hockey Jobs Recruitment Agency, a company registered in Canada under company number 0000000 and with our principal place of business is at 1582 Celeste Crescent, Port Coquitlam, BC V3C 1E2.

2.2 Your use of the Website is subject to the following terms and conditions. By accessing and using the Website you agree to be legally bound by these terms and conditions (as such terms and conditions may be amended pursuant to paragraph 2.5 below). If you do not accept these terms and conditions, you must not continue to use the Website.

2.3 Your use of the Jobs Board (http://icehockeyjobs.com/?page_id=2384) is subject to separate terms and conditions but these terms and conditions shall apply specifically to your use of any element of the Website (other than your use of the Jobs Board).

2.4 Access to the Website and to all the content and features available within it may be modified, suspended, withdrawn or discontinued at any time and without any prior notice or explanation in our absolute discretion.

2.5 We may amend these terms and conditions from time to time without notice to you. We will post the new version on the Website, following which all use of the Website will be governed by that version.

2.6 The provisions contained in each paragraph of these terms and conditions shall be enforceable independently of each of the others and their validity shall not be affected if any of the others is invalid. If any provision is invalid but would be valid if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.

3. Your use of the Website

3.1 You may only use the Website for lawful purposes, which shall be: seeking employment, assisting with your career or recruiting staff.

3.2 You must not under any circumstances seek to undermine the security of the Website or any information submitted or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the Website via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Website or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Website.

3.3 You are solely responsible for any information submitted by you to the Website. You are responsible for ensuring that all information supplied by you is true, accurate, up-to-date and not misleading or likely to mislead or deceive and that it is not discriminatory, offensive, obscene, defamatory or otherwise illegal, unlawful or in breach of any Applicable Law or the Intellectual Property Rights of any person.

3.4 You acknowledge and accept that certain information published on the Website is provided by third parties and that (to the extent permitted by Applicable Law) we are not responsible for the contents or accuracy of that information.

3.5 You will take all reasonable steps to ensure that all information and data files you supply, post or publish are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Website.

3.6 We reserve the right to remove any information supplied by you from the Website at our sole discretion, at any time and for any reason without being required to give any explanation, provided that we have reasonable grounds for doing so. In addition, we may suspend or terminate your use of the Website at any time if you are found to be in breach (or we have reasonable grounds to believe that you are in breach) of these terms and conditions.

3.7 The Website is intended to be used by individuals who are aged 15 or over. If you are under the age of 15, please do not submit any personal information to the Website or use the services offered through it.

4. Registration 

Access to certain areas of the Website is only possible where you have registered with us. In order to register and access these areas, you will need to use a user name and password. You are solely responsible for the security and proper use of your user name and password, which you shall keep confidential at all times and ensure are not disclosed to any other person. You must notify us immediately (hockeyjobs@gmail.com) if you believe that your user name and/or password is known to another person or if has been or is likely to be used in an unauthorised way. We accept no liability for any unauthorised or improper use or disclosure of any user name or password.

5. Privacy Policy

We will only use any information provided by you in accordance with the Privacy Policy.

6. Intellectual Property Rights

As between you and us, we are the owners of all Intellectual Property Rights in the Website (save for any content that you have provided and posted on the Website). In particular, we are the registered owner of the “Ice Hockey Jobs Recruitment Agency” trademarks.

7. Indemnity and Liability

7.1 We accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or otherwise) arising from your use of the Website and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. Nothing in these terms and conditions shall exclude or limit our liability for fraud or for death or personal injury caused by our negligence.

7.2 We hereby exclude all representations, warranties and conditions relating to the Website and your use of it to the maximum extent permitted by law.

7.3 You shall indemnify and keep us fully and effectively indemnified on demand from and against all losses and liabilities (including reasonable legal costs and expenses) suffered or incurred by us and arising directly or indirectly from use or misuse by you of the Website.

7.4 You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Website.

8. Applicable Law and Jurisdiction

These terms and conditions are governed by and are to be construed in accordance with Canadian law. Ice Hockey Jobs and you irrevocably agree that the Courts of Canada shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions.

Last updated: 07/24/2016

ICE HOCKEY JOBS WEBSITE: JOBS BOARD TERMS & CONDITIONS

These terms and conditions, which govern your use of the Jobs Board, are split into four parts. Only certain parts may be applicable to you, so please check the table below:

Part Title Applicable To (see definitions in paragraph 1)
A General Introductory Provisions Employer and Job Seeker
B Employer-specific Provisions Employer only
C Job Seeker-specific Provisions Job Seeker only
D General Closing Provisions Employer and Job Seeker

PART A: GENERAL INTRODUCTORY PROVISIONS

1. Interpretation

In these terms and conditions, the following words and phrases shall bear the following meanings:

1.1 “Account” means an account created by you through the Website (http://www.icehockeyjobs.com) allowing you to use the Jobs Board;

1.2 “Job Posting” means an advertisement for a vacant role at an Employer’s company, uploaded onto the Jobs Board in accordance with these terms and conditions;

1.3 “Applicable Law” means all applicable laws, enactments, regulations, regulatory policies, guidelines and codes of practice;

1.4 “Availability Period” means a 60-day period calculated from (and including) the day on which an Job Posting is first available to be viewed on the Jobs Board by members of the public;

1.5 “Content” means any material or information provided for inclusion in an Job Posting;

1.6 “Credits” means a prepayment by you which we will convert into a credit redeemable against the purchase of (an) Job Posting(s).

1.7 “Employer” means any person who holds an Account and wishes to upload an Job Posting on to the Jobs Board;

1.8 “Intellectual Property Rights” means (a) copyright, patents, database rights and rights in trade marks, designs, know-how and confidential information (whether registered or unregistered); (b) applications for registration, and the right to apply for registration, for any of these rights; and (c) all other intellectual property rights and equivalent or similar forms of protection existing anywhere in the world;

1.9 “Jobs Board” means the area of the Website known as “Post a Job” where Employers can post Job Postings to be responded to by Job Seekers;

1.10 “Job Seeker” means a person who holds an Account with us in order to be able to respond to Job Postings;

1.11 “Minimum Credit Amount” means FREE;

1.12 “person” means any individual, body corporate, unincorporated association of persons (including a partnership or joint venture), government, state, agency, organisation, and any other entity whether or not having a separate legal personality;

1.13 “Personal Information” has the meaning given in paragraph 13.1 below;

1.14 “Privacy Policy” means Ice Hockey Jobs Recruitment Agency’s privacy policy applying to the use of the Website (including the Jobs Board) which may be updated by Ice Hockey Jobs Recruitment Agency from time to time, and which is incorporated by reference into these terms and conditions;

1.15 “Recruiter” means a person engaged in the recruitment business, including (without limitation) any person seeking to find candidates to fill a job vacancy within a third party’s business;

1.16 “Ice Hockey Jobs” or “we” means Ice Hockey Jobs Recruitment Agency, a company registered in Canada under number: 000000 and whose principal place of business is at 1582 Celeste Crescent, Port Coquitlam, BC V3C 1E2, and “our” and “us” shall be construed accordingly;

1.17 “Website” means http://www.icehockeyjobs.com a website owned and operated by Ice Hockey Jobs Recruitment Agency; and

1.18 “You” means, as the context requires, an Employer (including any of its authorised representatives using the Jobs Board or liaising with Ice Hockey Jobs on its behalf) or a Job Seeker, and “your” shall be construed accordingly.

  1. Introduction

    2.1 We own and operate the Jobs Board. We are Ice Hockey Jobs Recruitment Agency, a company registered in Canada under company number 000000 and with our principal place of business at 1582 Celeste Crescent, Port Coquitlam, BC V3C 1E2.

    2.2 By accessing and using the Jobs Board you agree to be legally bound by these terms and conditions (as such terms and conditions may be amended pursuant to paragraph 2.5 below). If you do not accept these terms and conditions, you must not continue to use the Jobs Board.

    2.3 Your general use of the Website is governed by the Ice Hockey Jobs Recruitment Agency General Terms and Conditions but these terms and conditions shall apply specifically to your use of the Jobs Board.

    2.4 Access to the Jobs Board and to all the content and features available within it may be modified, suspended, withdrawn or discontinued at any time and without any prior notice or explanation in our absolute discretion.

    2.5 We may amend these terms and conditions from time to time without notice to you. We will post the new version on the Jobs Board, following which all use of the Jobs Board will be governed by that version.

    3. Nature of The Jobs Board

    3.1 The Jobs Board is a service made available by us which allows Employers to post Job Postings in a designated area on our Website. Individuals will be able to view the Job Postings and, if they wish to apply for a particular role, will be able to contact the Employer directly (using a hyperlink in the relevant Job Posting) provided that they hold an Account. The Personal Information provided by Job Seekers will be automatically forwarded by Ice Hockey Jobs Recruitment Agency to the relevant Employer.

    3.2 Recruiters are not permitted to hold an Account or upload Job Postings to the Jobs Board – see paragraph 4.7 below.

    3.3 Employers must purchase Credits from us in order to post Job Postings on the Jobs Board. Credits are non-transferable and may only be used to pay for Job Postings on the Jobs Board. The number of Credits required to pay for Job Posting is FREE. No fee is payable by Job Seekers in order to view or respond to Job Postings.

    3.4 Each Job Posting will be posted on the Jobs Board for the Availability Period. Employers may extend the Availability Period in relation to an Job Posting by applying further Credits to that Job Posting.

    3.5 Job Postings will either be “Standard Job Posting” or “Featured Job Posting”. The differences between these types of Job Postings are set out in paragraph 6.1 below.

    3.6 Only Employers and Job Seekers who hold an Account will be entitled to use the Jobs Board. Details of how to activate your Account are set out in paragraphs 4 and 11 below (as applicable).

    3.7 You acknowledge and accept that: (a) the Jobs Board is an “open board” and your Job Postings may feature alongside those of persons whom you believe to be your competitors; and (b) we may wish to sell advertising space (in addition to the Job Postings) on the Jobs Board, and such advertising space may be taken by persons whom you consider to be your competitors.

    PART B: EMPLOYER-SPECIFIC PROVISIONS

    4. Your Account (Employer)

    4.1 In order to activate your Account, you will need to take the following steps:

    • go to the Employer Registration page on the Website;

    • choose a username and password and accurately fill out all required details (including contact details); and

    • follow the remaining activation instructions.

    4.2 Once your Account has been activated you will be notified by email and you will be able to post Job Postings on the Jobs Board (subject to holding the appropriate number of Credits and complying with the other provisions of these terms and conditions).

    4.3 Only one Account is permitted per Employer, unless otherwise agreed by Ice Hockey Jobs Recruitment Agency.

    4.4 We are entitled to terminate any Account registration by an Employer at our discretion. Save where termination is a result of your breach of these terms and conditions, we shall provide to you a refund of all unused Credits as at the date of termination.

    4.5 We are entitled to suspend any Account at our discretion. If your account is suspended, any Job Postings that you have posted on the Jobs Board will be disabled for the period of that suspension. In the event that your Account is reactivated after a period of suspension, save where suspension was a result of your breach of these terms and conditions, the Availability Period of any of your Job Postings which should have been available on the Jobs Board during the period of suspension shall be extended pro rata to the period of suspension.

    4.6 Employers must ensure that they and their authorised representatives keep their username and password confidential and do not allow external parties to access these details. If we have reasonable grounds to suspect that an Employer or its authorised representatives has breached this paragraph 4.6 we may change an Employer’s password or suspend an Employer’s Account.

    4.7 Recruiters are not permitted to hold an Account or upload Job Postings to the Jobs Board. Ice Hockey Jobs Recruitment Agency has the right to deactivate any Account or remove any Job Posting which it reasonably believes to have been activated or uploaded by a Recruiter (as the case may be) without any liability (including any obligation to refund Credits).

    5. Credits, Refunds and Expiry

    5.1 You will be required to make payment by credit/debit card via the PayPal payment gateway in order to purchase Credits, and you must purchase Credits of the Minimum Credit Amount or greater. You will be required to input relevant payment information each time that you purchase Credits; we will not store your payment information. The following cards will be accepted: Visa Credit (VISA), MasterCard Credit (M/C).

    5.2 The total balance of Credits will be shown on the “Employer Dashboard” area of your Account in the section “Account Summary” under “Credits Remaining”. At the point of checkout, our system will check your balance of Credits, and any requested Job Postings will be paid for by drawing down the relevant amount of Credits from your Account.

    5.3 Credits purchased are available immediately for use by the Employer and remain available to use whilst your Account is active.

    5.4 The number of Credits which must be used to purchase Job Postings is FREE.

    5.5 Save as provided in paragraph 4.4 above, Credits will only be refunded to the Employer where: (a) an Job Posting that has been posted is defective as a result of a fault of Ice Hockey Jobs Recruitment Agency, or where a transaction or payment to which an Job Posting relates has been processed by Ice Hockey Jobs Recruitment Agency in error; or (b) you notify Ice Hockey Jobs Recruitment Agency that you wish to withdraw an Job Postings within 48 hours after it has been uploaded onto the Jobs Board. Where you are entitled to a refund under (a) that refund will be provided to you in cash or Credits, at your option. Where you are entitled to a refund under (b) that refund will be provided to you in Credits and you shall also be required to pay to Ice Hockey Jobs Recruitment Agency a processing fee.

    5.6 If you do not log into your Account for a six month period, we will send a reminder email to the address given in your Account. This will be repeated at nine months. When a period of twelve months has elapsed during which time you have not logged into your Account, we will assume that your Account is no longer active and suspend access to your Account. We will reactivate your Account as soon as reasonably practicable after we have received written notice from you that you wish to reactivate your Account.

    5.7 Subject to your statutory rights, if you decide to terminate your Account your Credits are non-refundable unless you are able to demonstrate to our reasonable satisfaction that your termination is a direct result of our material breach of these terms and conditions.

    5.8 Should we be required to invoice you for any activity, that invoice shall be payable within 28 days from the invoice date, and we shall be entitled to charge and you shall pay interest on late payments at a rate of 3%.

    5.9 You undertake that all details that you provide to us for the purpose of opening an Account will be correct, that you have the right to use the credit or debit card that you nominate and that there are sufficient funds or credit facilities in relation to that credit or debit card cover the cost of any transaction. We reserve the right to obtain validation of your credit or debit card details before permitting you to upload an Job Posting.

    5.10 You agree that should any payment, or part of any payment, by credit or debit card be refunded by Visa, Mastercard or any other financial or banking institution, or for whatever reason not be received by Ice Hockey Jobs Recruitment Agency, you will pay the full amount, or balance of the full amount, due using another payment method within 5 working days. We shall be entitled to charge and you shall pay interest on late payments at a rate of 3%.

    6. Job Postings

    6.1 Job Postings will either be “Standard Job Postings” or “Featured Job Postings”. Featured Job Postings will be differentiated from Standard Job Postings as follows:

    Standard Job Posting:

  • 30 days duration
  • Job Advertisement with company logo
  • Application management tools
  • Performance reports – ad views and times shown in search results

Featured Job Posting:

  • 60 days duration
  • Job advertisement with company logo
  • Appears as a Featured Job on the Job Seeker home page
  • Appears highlighted as a Featured Job at the top of search results for a relevant job search
  • Posted to our LinkedIn membership of 20,000+ sports business professionals, Twitter, Facebook
  • Appears as a Featured Job on our monthly e-mail
  • Application management tools
  • Performance reports – ad views and times shown in search results

 

6.2 The functionality of the Jobs Board allows you to include both text and your logo when uploading an Job Posting to the Jobs Board. You must follow the instructions provided http://icehockeyjobs.com/?page_id=2380 – must be logged into an employer account to view these steps/instructions) whenever you upload an job posting and all information and graphics that you provide must be in the specified format.

6.3 Each Job Posting should include an appropriate hyperlink so that Job Seekers can contact you directly. We will not pass on Job Seeker queries which are sent directly to us.

6.4 Once you have uploaded your Job Posting and the appropriate number of Credits has been taken from your Account, the Job Posting will immediately appear on the Jobs Board. Each Job Posting will remain on the Jobs Board for the Availability Period. We have the right to remove all Job Postings at the end of the Availability Period whether or not the vacancy has been filled. It is an Employer’s responsibility to re-post an Job Posting if the vacancy has not been filled.

6.5 We reserve the right to remove any Job Posting whose Content (in our reasonable opinion) is in breach of these terms and conditions (and in particular paragraph 7) and no refund will be provided in this scenario.

6.6 The default setting for Job Postings posted on the Jobs Board will be date order, and the Jobs Board will be split between “Standard Job Posting” and “Featured Job Posting”. Job Seekers will be able to change this order and search the Job Postings using standard “search” functionality such as job function, sector, salary and location.

6.7 You shall be entitled to remove an Job Posting from the Jobs Board at any time by undertaking the following steps:

  • Log into your Account and from the Employer home page click on ‘Edit Jobs’ located under the ‘Your Jobs’ heading.
    • From the list of jobs, click on the ‘Settings’ link corresponding to the job you wish to remove.
    • Click on the ‘Deactivate’ link. A message will appear ‘Are you sure you want to remove this job from the website? The job can be re-activated at any time before its expiry date of xx/xx/xx’.
    • Once deactivated, the ‘Deactivate’ link changes to ‘Re-activate’ which the Employer can click on to re-activate the job during the relevant time period.

    6.8 You acknowledge and agree that deactivating an Job Posting prior to the end of its Availability Period shall not entitle you to any refund of Credits.

    6.9 You are responsible for ensuring that your computer system meets all relevant computer specifications necessary to upload Job Posting to the Jobs Board and otherwise use the Jobs Board.

    7. Content provided by Employers

    7.1 You have sole responsibility for the Content which you post on the Jobs Board and you shall indemnify and keep us fully and effectively indemnified on demand from and against all losses and liabilities (including reasonable legal costs and expenses) suffered or incurred by us and arising directly or indirectly out of the publication of Content that you have posted on the Jobs Board.

    7.2 You shall have access to edit an Job Posting within the first forty-eight hours from the time that it was uploaded onto the Jobs Board.  Amendments required after forty-eight hours shall be carried out by Ice Hockey Jobs Recruitment Agency at your request provided that it is reasonably practicable for Ice Hockey Jobs Recruitment Agency to do so.

    7.3 Employers must adhere to these terms and conditions when posting an Job Posting onto the Jobs Board to ensure that Job Seekers obtain results which are presented to them as clearly and as informatively as possible. You agree that we may, at our discretion and without liability to you, remove from the Jobs Board any Job Posting which is posted in breach of these terms and conditions. Employers must own or have the right to submit Content for publication on the Jobs Board and ensure that any Content:

    (a) is accurate, up-to-date and truthful;

    (b) does not infringe Applicable Law or the rights (including the intellectual property rights) of any third party;

    (c) is not obscene, offensive, abusive, threatening, discriminatory or defamatory of any person;

    (d) is not racist, sexist or homophobic;

    (e) is not misleading or likely to mislead or deceive;

    (f) does not link to the website of any other person without our prior written approval;

    (g) does not relate to a duplicated job at the expense of other Employers’ jobs; and

    (h) relates to a genuine vacancy only.

    7.4 If your Job Posting links to another website (whether it is your own website or that of another person we approve pursuant to paragraph 7.2(f) above) you are responsible for maintaining the link and for the content of the linked site. We may remove from the Jobs Board any Job Posting which contains links to a website which, in our reasonable opinion, is defamatory, illegal, objectionable or will bring Ice Hockey Jobs Recruitment Agency into disrepute. You shall indemnify and keep us fully and effectively indemnified on demand from and against all losses and liabilities (including reasonable legal costs and expenses) suffered or incurred by us and arising directly or indirectly from links contained in your Job Posting.

    7.5 The Employer agrees that we have the right to monitor Content and may edit, reject, block, filter or remove Content if we believe it does not comply with these terms and conditions.

    7.6 You grant to us a non-exclusive, irrevocable, royalty free, perpetual, worldwide licence to publish, use, distribute, adapt, modify, display, reproduce and transmit Content on the Jobs Board.

    7.7 You agree that Job Postings and related Content posted on the Jobs Board may also appear on Ice Hockey Jobs Recruitment Agency affiliate or third party websites pursuant to agreements from time to time between Ice Hockey Jobs Recruitment Agency and the proprietors of such websites.

    8. Job Seeker Information

    You are solely responsible for all use of Personal Information supplied to you by Job Seekers (whether supplied directly by that Job Seeker or automatically via the Jobs Board). You are solely responsible for ensuring that you hold the requisite data protection registrations or equivalent in any applicable jurisdiction and that you fully comply with the Data Protection Act 1998 (and any successor or equivalent legislation) including without limitation the provision of secure storage and processing for the Personal Information of Job Seekers.

    9. Vetting

    9.1 We have not vetted, interviewed or carried out any background checks of any kind on any Job Seeker to determine whether the Job Seeker is a suitable applicant for working in the relevant industry. We accept no liability whatsoever in respect of the placement of a Job Seeker deemed suitable by you to the fullest extent permitted by applicable law.

    9.2 We accept no liability for Job Seekers who do not hold relevant work visas or residency status. You warrant and undertake to us that you will carry out all relevant background checks to confirm that the Job Seeker with whom you engage has all the appropriate permissions to work in Canada or the country in question.

    10. Our liability

    Our liability to you is strictly limited in accordance with paragraph 15, save that if we fail to comply with these terms and conditions in relation to an Job Posting, we shall be liable to you for the cash equivalent of the number of Credits used to purchase the Job Posting to which our failure to comply relates.

    PART C: JOB SEEKER-SPECIFIC PROVISIONS

    11. Your Account (Job Seeker)

    11.1 In order to activate your Account, you will need to take the following steps:

    (a) go to the Job Seeker Registration page on the Website;

    (b) choose a username and password and accurately fill out all required details; and

    (c) follow the remaining activation instructions.

    11.2 Once your Account has been activated you will be notified by email and you will immediately be able to respond to Adverts on the Jobs Board (subject to complying with the other provisions of these terms and conditions).

    11.3 Only one Account is permitted per Job Seeker, unless otherwise agreed by Ice Hockey Jobs Recruitment Agency.

    11.4 We are entitled to suspend any Account at our discretion. If your Account is suspended you will not be able to access your Account for the period of that suspension.

    11.5 You must ensure that you keep your username and password confidential and must not allow external parties to access these details. If we have reasonable grounds to suspect that a Job Seeker has breached this paragraph we may change a Job Seeker’s password or suspend a Job Seeker’s Account.

    11.6 The Jobs Board (including the Job Postings) may contain links to third party websites. You acknowledge and agree that we cannot give any undertaking that any services you receive from such third parties are fit for a particular purpose or provided with reasonable skill and care and any such warranties are disclaimed by us absolutely.  This disclaimer does not affect your statutory rights against that third party.

    11.7 You are responsible for ensuring that your computer system meets all relevant computer specifications necessary to access and use the Jobs Board.

    12. Vetting

    12.1 We have not vetted, interviewed or carried out any background checks of any kind on any of the Employers who post Job Postings on the Jobs Board and for the avoidance of doubt we do not make any representation or give any warranty for the accuracy or fitness for purpose of any information contained in the Job Postings and the use made of any information provided by you to the Employers. We accept no liability whatsoever, to the fullest extent permitted by applicable law, in respect of your employment with an Employer. If you have any concerns then these must be dealt with directly between you and the relevant Employer.

    12.2 You acknowledge and accept that it is unlawful for you to live and work in any territory without the relevant work visas, residency status or appropriate permissions, and that it shall be entirely your responsibility to ensure that you meet all requirements of Applicable Law in relation to these matters.

    13. Information provided by Job Seekers

    13.1 You authorise us to use, store or otherwise process any personal information which relates to and identifies you, including but not limited to your name, contact details, curriculum vitae and any other information you provide when activating or updating your Account (together “Personal Information”), to the extent reasonably necessary to allow us to provide the Jobs Board.

    13.2 You agree that when you respond to a Job Posting all Personal Information you have provided will be forwarded directly to the relevant Employer. By accepting these terms and conditions, you agree to the processing and disclosure of the Personal Information for the purposes set out above and those stated in the Privacy Policy. You also agree that any such use may be amended to include other uses or disclosures of Personal Information following notification to you by means of a notice on the Jobs Board, which you should check regularly. If you would like to review or modify any part of your Personal Information then you should email us from the contact page on the Website.

    13.3 You hereby warrant that the Personal Information you provide is accurate and complete and not misleading, defamatory or unlawful in any way. We have the right to monitor any Personal Information provided by you and may edit, reject or remove such Personal Information if we believe it is in breach of these terms and conditions.

    13.4 The Jobs Board is intended to be used by individuals who are aged 15 or over. If you are under the age of 15, please do not submit any Personal Information to the Jobs Board or use the services offered through it.

    PART D: GENERAL CLOSING PROVISIONS

    14. Your use of the Jobs Board

    14.1 You may only use the Jobs Board for lawful purposes, which shall be: seeking employment, assisting with your career or recruiting staff.

    14.2 You must not under any circumstances seek to undermine the security of the Jobs Board or any information submitted or available through it. In particular, but without limitation, you must not seek to access, alter or delete any information to which you do not have authorised access, seek to overload the Jobs Board via spamming or flooding, take any action or use any device, routine or software to crash, delay, damage or otherwise interfere with the operation of the Jobs Board or attempt to decipher, disassemble or modify any of the software, coding or information comprised in the Jobs Board.

    14.3 You acknowledge and accept that certain information published on the Jobs Board is provided by third parties and that (to the extent permitted by Applicable Law) we are not responsible for the contents or accuracy of that information.

    14.4 You will take all reasonable steps to ensure that all information and data files you supply, post or publish are free of viruses or other routines or engines that may damage or interfere with any system or data prior to being submitted to the Jobs Board.

    14.5 We reserve the right to remove any information supplied by you from the Jobs Board at our sole discretion, at any time and for any reason without being required to give any explanation, provided that we have reasonable grounds for doing so.

    15. Our liability

    15.1 Save as provided in paragraph 10, we accept no liability for any loss (whether direct or indirect, for loss of business, revenue or profits, wasted expenditure, corruption or destruction of data or otherwise) arising from your use of the Jobs Board and we hereby exclude any such liability, whether in contract, tort (including for negligence) or otherwise. Nothing in these terms and conditions shall exclude or limit our liability for fraud or for death or personal injury caused by our negligence.

    15.2 We hereby exclude all representations, warranties and conditions relating to the Jobs Board and your use of it to the maximum extent permitted by law.

    15.3 You shall indemnify and keep us fully and effectively indemnified on demand from and against all losses and liabilities (including reasonable legal costs and expenses) suffered or incurred by us and arising directly or indirectly from use or misuse by you of the Jobs Board.

    16. Privacy Policy

    We will only use any information provided by you in accordance with the Privacy Policy.

    17. Intellectual Property Rights

    As between you and us, we are the owners of all Intellectual Property Rights in the Jobs Board (save for any Content or Personal Information provided by you). In particular, we are the registered owner of the “Ice Hockey Jobs Recruitment Agency” trademarks.

    18. Events outside our control

    18.1 We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations that is caused by events outside our reasonable control (“Force Majeure Event”).

    18.2 A Force Majeure Event includes any act, event, non-happening, omission or accident beyond our reasonable control and includes in particular (without limitation) the following:

    (a) strikes, lock-outs or other industrial action;

    (b) civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war;

    (c) fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster;

    (d) impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport;

    (e) impossibility of the use of public or private telecommunications networks; and

    (f) the acts, decrees, legislation, regulations or restrictions of any government.

    18.3 Our performance is deemed to be suspended for the period that the Force Majeure Event continues, and the Availability Period for Job Postings will be extended by the duration of that period.  We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations may be performed despite the Force Majeure Event.

    19. General

    19.1 You must notify us immediately if anyone makes or threatens to make any claim against you relating to your use of the Jobs Board.

    19.2 The provisions contained in each paragraph of these terms and conditions shall be enforceable independently of each of the others and their validity shall not be affected if any of the others is invalid. If any provision is invalid but would be valid if some part of the provision were deleted, the provision in question shall apply with such modification as may be necessary to make it valid.

    19.3 If we fail, at any time, to insist upon strict performance of any of your obligations or any of these terms and conditions, or if we fail to exercise any of the rights or remedies to which we are entitled, this will not constitute a waiver of such rights or remedies and will not relieve you from compliance with such obligations.  No waiver by us of any of these terms and conditions will be effective unless it is expressly stated to be a waiver and is communicated to you in writing.

    19.4
    (a) these terms and conditions and any document expressly referred to in them constitute the whole agreement between us and supersede all previous discussions, correspondence, negotiations, previous arrangements, understandings or agreements between us relating to the subject matter of these terms and conditions;

    (b) we each acknowledge that neither of us relies on, or will have any remedies in respect of, any representation or warranty (whether made innocently or negligently) that is not set out in these terms and conditions or the documents referred to in them;

    (c) nothing in this paragraph 19.4 limits or excludes any liability for fraud.

    19.5 These terms and conditions are governed by and are to be construed in accordance with Canadian law. Ice Hockey Jobs Recruitment Agency and you irrevocably agree that the Courts of Canada shall have exclusive jurisdiction to settle any dispute which may arise out of or in connection with these terms and conditions.

    Last updated: 07/24/2016