Terms And Conditions
MBAjobs.ca - Terms and Conditions
Last updated: May, 2008
By using this Web site (www.MBAjobs.ca) you represent that you have read and understand the terms and conditions and that you agree to be bound by these terms and conditions as set forth below. Use of this Web site is conditioned on the acceptance, without modification, of all terms and conditions of this agreement. If you do not agree wish to be bound by the terms and conditions of this Web site, please do not use this Web site or download any materials from this Web site. PowerBlue mgt. (company for www.MBAjobs.ca) reserves the right at its discretion to modify the terms and conditions any time without notification. Use of this Web site after the posting of any such modification represents your agreement to be bound by the terms and conditions as modified. You should review the Terms and Conditions periodically as they are legally binding to you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing MBAjobs.ca for any reason. The terms "we", us" and "our" refer to PowerBlue mgt., MBAjobs.ca. and any of its employees.
Use of Material
Specific Prohibited Uses
MBAjobs.ca may be used only for lawful purposes by individuals seeking employment and career information; employers or recruiters seeking potential employees and job candidates; and employers and universities who choose to advertise on the site. We specifically prohibit any use of MBAjobs.ca, and all users agree not to use MBAjobs.ca, for any of the following:
- post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume or information, including, but not limited to, falsifying education information, MBA credentials and/or work experience;
- impersonate any person, living or dead, or entity or create a false identity;
- delete or revise any material posted by any other person or entity;
- post or transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortuous 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;
- post any franchise, pyramid scheme, multi-level marketing 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;
- spam our employers or recruiters or candidates whose resumes appear on MBAjobs.ca. You may not respond to a job listing other than if you are applying for that job on behalf of yourself. Recruiters may not use allocated job listings other than to list available jobs;
- attempt to obtain unauthorized access to this Web site or portions of this Web site that are restricted from general access;
- post jobs or other content that contain links to any Web site competitive with this Web site;
- deleting or revising any material posted by any other person or entity;
- using any device, software or routine to interfere or attempt to interfere with the proper working of MBAjobs.ca or any activity being conducted on MBAjobs.ca;
- taking any action which imposes an unreasonable or disproportionately large load on MBAjobs.ca's infrastructure;
- violating or attempting to violate the security of this Web site;
- using this Web site in any manner that could damage, disable, overburden or impair this Web site;
- uploading, posting or otherwise transmitting on this Web site any Materials that would negatively affect the functioning of the Web site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes;
- an unreasonable or disproportionately large load on this Web site's infrastructure;
- using or accessing this Web site by means of a webbot, spider, or any other means of automation;
- forge any TCP/IP packet header or any part of the header information in any e-mail or posting;
- use the Site in a manner that is defamatory, obscene, threatening, abusive or hateful.
Submissions to the Web site
By submitting information to the company in conjunction with this Web site, you grant that this information shall be deemed to be the property of PowerBlue mgt. As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web site you agree not to, do the following things:
- post any incomplete, false or inaccurate information about yourself, your organization, and/or your postings. Further, organizations and/or individuals which represent hiring organizations must identify themselves as such on the site during the signup process and must not otherwise misrepresent themselves or the positions that they post;
- impersonate another person or entity, including without limitation an MBAjobs.ca employee or agent, an authorized user of MBAjobs.ca services, a candidate, placement specialist or an employer, or otherwise misrepresent your affiliation with any person or entity;
- print out or otherwise copy or use any personally identifiable information about candidates for purposes other than consideration of the candidates for potential employment by your company;
- communicate, send, or place unsolicited e-mail, telephone calls, mailings or other contacts to posting individuals and entities;
- use an e-mail address that you do not own or for which you do not have the express permission of the owner to use;
- post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it;
- post material that reveals trade secrets, unless you own them or have the permission of the owner;
- post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;
- post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity;
- post a sexually-explicit image or statement;
- post advertisements or solicitations of business, post chain letters or pyramid schemes.
MBAjobs.ca does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
MBAjobs.ca acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users.
If notified by a user of communications which allegedly do not conform to these Terms and Conditions, MBAjobs.ca may investigate the allegation and determine in good faith at its sole discretion whether to remove or request the removal of the communication. MBAjobs.ca has no liability or responsibility to users for performance or nonperformance of such activities.
MBAjobs.ca reserves the right to expel users and prevent their further access to MBAjobs.ca for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. MBAjobs.ca may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for MBAjobs.ca or may cause MBAjobs.ca to lose (in whole or in part) the services of its ISPs or other suppliers.
Submission of Articles
As a job seeker of MBAjobs.ca, once you choose to submit an article you agree that it becomes the property of MBAjobs.ca. The publishing of your article is intended to assist you in being visible to, and hired by, employers and recruiters; therefore, you agree to make your profile and resume available for employers and recruiters to view, and you are not financial compensated for your article. Your article will only appear on MBAjobs.ca, and will not be resold or used otherwise. You agree that your article is completely original and contains no plagiarized material, or discriminatory content. Also, although we have stated clearly in our Terms and Conditions that our site visitors are not permitted to copy, duplicate or otherwise use any content from our Web site, including your article, we are not responsible for any improper or unwanted use of your article by any and all of our site visitors. You also agree that MBAjobs.ca has the right to accept, reject or remove your article from our Web site at anytime.
Registration and Password.
You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify us of any unauthorized use of your registration or password.
Limitation of Liability
The MBAjobs.ca Web site is only a venue. MBAjobs.ca acts as a venue for:
- Employers and Recruiters to post job opportunities
- Employers, Recruiters, and Universities to post advertising
- Candidates to post their own resumes, cover letters, and other job related qualifications
- Candidates to advertise themselves via articles and other services
and does not screen or censor the listings offered, including but not limited to the identity of any user. We are not involved in any actual transactions between employers and candidates. As a result, we have no control over the quality, safety, or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through MBAjobs.ca.
Although you may be providing us with your information, we are not obligated to forward your Information to any employer. We are not employers with respect to you or your use of MBAjobs.ca and we shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on MBAjobs.ca.
Because user authentication on the Internet is difficult, MBAjobs.ca cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Web site, in the event that you have a dispute with one or more users, you release MBAjobs.ca (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) 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.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through MBAjobs.ca. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. We expect that you will use caution and common sense when using MBAjobs.ca.
The Material may contain inaccuracies or typographical errors. MBAjobs.ca makes no representations about the accuracy, reliability, completeness, or timeliness of MBAjobs.ca or the Material. MBAjobs.ca does not correct user misspellings or errors. The use of MBAjobs.ca and the Material is at your own risk. Changes are periodically made to MBAjobs.ca and may be made at any time.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on MBAjobs.ca. Employers are solely responsible for their postings on MBAjobs.ca.
Disclaimer of Consequential Damages
In no event shall MBAjobs.ca, its suppliers, or any third parties mentioned on the Web site be liable for any damages whatsoever (including, without limitation, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use MBAjobs.ca and the material, whether based on warranty, contract, tort, or any other legal theory, and whether or not the company is advised of the possibility of such damages.
Links to Other Sites
Certain links on this Site may take you to other Web sites. If you decide to access linked third party Web sites, you do so at your own risk. The links contained on this site are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you use these sites, you will leave this Site, it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
Any action relating to this Web site must be brought in Saskatchewan and you irrevocably consent to the jurisdiction of such courts.
When and by using MBAjobs.ca, you attest that you are of legal age.
We reserve the right, at our sole discretion, to terminate your registration, delete any or all of your postings, or block access to the Web Site and/or any other service provided to you by us immediately, upon any breach by you of these Terms and Conditions or if MBAjobs.ca is unable to verify or authenticate any information you submit to MBAjobs.ca during registration with MBAjobs.ca. We reserve the right to take these actions, with or without notice, and without any liability to the account holder or user.
You agree to defend, indemnify, and hold harmless MBAjobs.ca, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. MBAjobs.ca shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
Purchase Binding Agreement
By accessing this Web site and by ordering or purchasing any products or services from this Web site, employers/recruiters (Customers) agree to accept and abide the following terms and conditions:
Products. (a) Job Postings. (i) job postings purchased hereunder have a scheduled run of 30 days. (ii) Once customers have purchased 5 job postings the 6th one will be free. The free job posting has no cash value and is not transferable. (b) Featured Job Postings. (i) Featured Job Postings purchased hereunder have a scheduled run of 30 days. (ii) A Featured Job Posting must be purchased in conjunction with a Job Posting during the 30 day posting period of said Job Posting. (c) Resume Database Access. The Resume Database service of MBAjobs.ca is a private database for use by individual users under the direct control of the Customer ("Resume Users"). Each Resume Database access license ("Resume Database License") represents a single Resume User license and each license allows a single Resume User to access our Resume Database through one unique password based on the terms of the resume access package identified in the Order (each "Resume Database Package"). Resume Access Packages vary according to the maximum number of resume views permitted during the access period Database ("Access Period"). Each MBAjobs.ca Resume Database License has a limit on the number of Resume Views (please refer to the pricing table on the Resume Database page on the Web site). A Resume View occurs in a number of instances, including when as a result of a Resume User's search of a Resume Database, a resume is either opened and closed or is opened and moved to a folder. If Customer (including any of Customer's employees or agents) is found to share passwords to any Resume Database or private area of any Site with any non-licensed user, such sharing will be a breach of this Agreement and PowerBlue mgt. will terminate their subscriptions without any notice and refund. For purposes of this Agreement, recruitment agencies, staffing agencies, advertising agencies and all other agencies (other than Customer, if applicable) cannot be licensed Resume Users. Customer agrees to notify PowerBlue mgt. promptly after the departure of any person to whom a password was provided and PowerBlue mgt. reserves the right to cancel such password and issue a replacement password. PowerBlue mgt. reserves the right to periodically change issued passwords. The Resume Database License may not be used to send unsolicited mail or e-mail, make unsolicited phone calls or send unsolicited faxes regarding promotions and/or advertising of Customer's or a third party's products or services. The Resume Database License may also not be used to source candidates or to contact job seekers or resume holders, in regards to any home-based business opportunities, fee-based business opportunities or franchise opportunities.
Customers will pay PowerBlue mgt. the charges in the manner and amount set out on the Website plus applicable taxes.
MBAjobs.ca does not warrant or guarantee that a resume or job posting will be viewed by any specific number of users, or that it will be viewed by any user. We do not warrant that MBAjobs.ca will operate error-free or that MBAjobs.ca and its server are free of computer viruses or other harmful mechanisms. If your use of the Web site or the material results in the need for servicing or replacing equipment or data, we are not responsible for those costs.
The Web site and material are provided on an "as is" basis without any warranties of any kind. MBAjobs.ca, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, fitness for particular purpose and non-infringement. The company makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.
We aim to provide the best service possible. However, MBAjobs.ca cannot guarantee, including but not limited to, successful hiring upon purchasing our job posting services and resume database access, as well as achieving satisfying advertising results when purchasing any of our advertising services. No refund is allowed once payment is processed.
Changes to Terms and Conditions
MBAjobs.ca has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions 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 Updated" 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 Content from it after any such changes are posted will constitute acceptance of those changes.
Changes to this Site
MBAjobs.ca 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 Content 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. MBAjobs.ca 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.