Terms and Conditions
1.1 Please read this page carefully as it contains the terms and
conditions ("Terms and Conditions") under which You may access
and use the JobsFlag.ca Website provided by JobsFlag Limited “JobsFlag”.
constitutes the entire binding Agreement between You and JobsFlag. Please
read these Terms and Conditions carefully and ensure that You understand
them. These Terms and Conditions are effective as of 25TH May 2018 and may
be amended from time to time and updated on this page.
When You first access or subsequently register to use the JobsFlag
Website it indicates Your acceptance of these Terms and Conditions and
Your agreement to comply and be bound by these Terms and Conditions in
full. You are agreeing to use the Website at Your own risk. If You do
not accept them and comply with their provisions, You may not use the
JobsFlag Website and must stop using the JobsFlag Website
immediately. If You violate these Terms and Conditions JobsFlag reserve
the right to suspend or terminate Your access to the Website. The sole
relationship between You and JobsFlag is that of independent
means JobsFlag LLC, a company registered in Utah with our registered
223 Cougar Blvd #527 Provo, UT 84604
and includes JobsFlag.ca and any other Websites owned by JobsFlag.
means any documents, materials, methodologies, implementation plans or
other intellectual property used during the provision of Website services.
means any Website under JobsFlag’ control, whether partial or otherwise.
It includes the Website's Content, Search Engine, Text, Designs,
Programming and Graphics and Website Services.
means a third party who advertises or publishes adverts through the
means a User who is accessing the Website to search for a job or in any
other capacity except as an Employer or Recruiter acting as an agent of an
means a limited, terminable, non-exclusive right granted to a Candidate
to access and use the Website only for their personal non-commercial use
to seek employment opportunities.
includes all Text, Images, Audio, Video, Graphics, Scripts, Code,
Software, Design and Programming, Databases, published Job extracts,
Adverts and other JobsFlag Content and any other form of information
capable of being stored on a computer that appears on or forms part of or
is used on the Website.
means the person or entity who makes the decisions regarding the purpose
and method of processing of personal data and the means used including
security profile in relation to the operation and use of the Website.
includes the color combinations and the page layout of the Website.
means an entity whose Job extract has been published on the JobsFlag
refers to any job extract published on the JobsFlag Website including
data, text, software, music, sound, photographs, graphics, video or other
“Jobs By E-mail”
means a Service provided to Candidates upon request as stated in Clause 3
includes all logos, button icons, images, and other graphical elements on
the Website, with the exception of paid advertising banners.
from its Users.
code (Active Server Pages, VBScript, databases, etc.) used on the Website.
means an agent of an Employer whose Job has been published on the
the collecting, indexing and publishing of Job extracts on the JobsFlag
Website and via Jobs By e-mail.
includes all text on every page of the Website, whether editorial,
navigational, or instructional.
refers to any individual or entity that accesses and uses any part of the
means any information supplied by the Candidate to the Website including
personal contact information including name, email address and search
preferences and any data, text, or other materials.
means the person or entity that is agreeing and accepting these Terms and
3.1 Purpose and Use
3.1.1 JobsFlag is a free service designed to make it easy for Users
to find jobs that match their requirements. JobsFlag acts as a portal for
the online distribution and publication of information collected from
other third-party Employer/Recruiter websites or Advertisers. JobsFlag
indexes and publishes an extract of a Job link which when clicked upon by
the Candidate will take them to the original website which published the
Job, or to the website of the Advertiser. Access to the JobsFlag Website
is free of charge. No Part of the Website requires payment of any kind in
order to access or use it.
3.1.2 JobsFlag also offers a Jobs By E-mail Service when the
Candidate registers on the JobsFlag Website. This allows us to send You
email notifications about new opportunities for Jobs which match Your
search preferences chosen by You during the registration process or
3.1.3 Access to the JobsFlag Website is provided “as is” and on an
“as available” basis. JobsFlag may alter, suspend, or discontinue the
Website (or any part of it) at any time and without notice. JobsFlag will
not be liable to You in any way if the Website is unavailable at any time
and for any period.
3.1.4 The JobsFlag Website is intended to be used by individual
Candidates seeking employment. JobsFlag authorizes You to use the Website
only for lawful purposes within the terms of this Agreement and the
context of JobsFlag’ intended and acceptable use of the Website and the
license granted to You by JobsFlag. JobsFlag is the sole interpreter of
the Website’s intended and acceptable use of the Website.
3.2 Candidate’s License
3.2.1 JobsFlag grants You a limited, terminable, non-exclusive right
to access and use the Website only for Your personal lawful and
non-commercial use to seek employment opportunities for Yourself. This
authorizes You to access, view, download and print a copy of the material
on the Website, including published Job postings, solely for Your
personal, non-commercial use and the right to apply for any job posted on
the Website. (“Candidate’s License”). It is Your responsibility to make
any and all arrangements necessary in order to access the Website. You
agree that You are solely responsible for the content of any information
You post to the Website and any consequences arising from such posting.
JobsFlag reserves the right to suspend or terminate Your Candidate’s
License for any reason at any time, in its sole discretion but
particularly if JobsFlag suspects or determines that You are in breach of
these Terms and Conditions.
3.2.2 The Candidate accepts that all applications for a Job are made
directly to the Employer and/or Recruiter. The Employer/Recruiter assesses
the applications and all decisions relating to the applications are taken
by the Employer/Recruiter and not by JobsFlag.
3.3 User Warranties – Age and Prohibited Use
You represent, warrant and agree that
3.3.1 You are at least 13 years of age or older, and if under the age
of 18 or the age of majority as that is defined in Your jurisdiction, You
will only use the Website and Services under the supervision of a parent,
legal guardian, or other responsible adult; and
3.3.2 You will not use (or plan, encourage or help others to use) the
Website for any purpose or in any manner that is prohibited by these Terms
and Conditions or by applicable local, national, or international law. It
is Your responsibility to ensure that Your use of the Website complies
with these Terms and Conditions and all applicable local, national, and
4.1 You may not respond to Jobs on the JobsFlag Website or on
third party websites in any manner or for any purpose other than that
which is expected (i.e., to apply for the Job or to initiate further
discussion with the Employer/Recruiter about the Job).
4.2 JobsFlag is under no obligation to monitor the jobs posted
on the Website, but it may monitor them at random. Jobs found to violate
the terms in this Agreement may be removed at JobsFlag’ sole discretion.
You may report inappropriate Jobs or conduct to JobsFlag by emailing us
at info@JobsFlag.ca or by letter to Customer Services at JobsFlag,
223 Cougar Blvd #527 Provo, UT 84604
4.3 You may not delete or revise any material posted by any
other person or entity.
4.4 You are prohibited from violating or attempting to violate
the security of the Website, including, without limitation: (i) accessing
data not intended for You or logging into a server or account which You
are not authorized to access; (ii) attempting to probe, scan or test the
vulnerability of a system or network or to breach security or
authentication measures without proper authorization; (iii) attempting to
interfere with Service to any User, host or network, including, without
limitation, by means of submitting a virus or other malware or any
material which is malicious or technologically harmful either to or via
the Website, overloading, "flooding", "mail bombing"
or "crashing (iv) sending unsolicited mail or email including phone
calls or promotions and/or advertising of products or services to any
other Users; (v) soliciting personal information from any Users; (vi)
deleting or altering Content posted by JobsFlag or any User (vii)
attempting to gain unauthorized access to any part of the Website,
computer or database connected to the Website. You must not attack the
Website by any means.
4.5 Any violation of security may result in civil and/or
criminal liability. By breaching the provisions of Clause 4.4 you may be
committing a criminal offence under the Computer Misuse Act 1990. Any and
all such breaches will be investigated and reported to the relevant law
enforcement authorities and JobsFlag will cooperate with those law
enforcement authorities in prosecuting Users who are involved in such
violations and will disclose Your identity to them. Your right to use the
Website will cease immediately in the event of such a breach.
5.1 Links to other sites may be included on the JobsFlag
Website. Unless expressly stated, these sites are not under JobsFlag’
control. JobsFlag neither assumes nor accepts any responsibility or
liability for Content published on the Website (whether from Employers,
Recruiters, Candidates or other third parties) and no responsibility for
the activities, omissions, or other conduct of Users. JobsFlag acts as a
portal for the online collection, indexing and publication of information
collected from other websites or from Advertisers and has no obligation to
screen or censor communications or information in advance and is not
responsible for screening or monitoring Jobs published on the JobsFlag
Website. The inclusion of a link to another site on the JobsFlag Website
is for information only and does not imply any endorsement of the sites
themselves or of those in control of them.
5.2 JobsFlag is not responsible for User Content, the quality,
safety, or legality of the jobs published, the truth or accuracy of the
Content, the ability of the Employer’s to offer jobs to Candidates or
ability of Candidates to fill job vacancies.
5.3 If notified by a User of a Job extract or advert which
allegedly does not conform to these Terms and Conditions, JobsFlag may
investigate the allegation and determine in good faith and in its sole
discretion whether to remove or request the removal of such Job or advert.
JobsFlag has no liability or responsibility to Users for performance or
non-performance of such activities.
5.4 JobsFlag may take any action with respect to published
information that it deems necessary or appropriate, in its sole
discretion. All Job extracts are the sole responsibility of the person or
entity from which they originated whether it is Content on the Website or
sent to Users via email.
5.5 JobsFlag is not involved in the actual transaction between
Employers/Recruiters and Candidates and is not a Recruitment Agency or a
Consultancy service for Employers/ Recruiters.
6.1 When You register on the JobsFlag Website You will be
invited to create an account and provide JobsFlag with certain
information, including but not limited to, a valid email address
("User Information"). You acknowledge and agree that You have no
ownership rights in Your account. You may sign up to the “Jobs By E-mail”
Service and we will send You email notifications about any new Jobs which
match Your search preferences You chose during the registration process or
6.2 Any information You submit must be accurate and must be Your
personal details. You are solely responsible for the content, form and
accuracy of any information submitted by You to the Website.
6.4 All User Information will be used in accordance with the
Terms and Conditions by this reference. Please note, as set forth in
Information and may contact Users periodically in accordance with the
comply, in its sole discretion, with legal requirements, requests from law
enforcement agencies or requests from government entities, even to the
extent that such compliance may require disclosure of certain User
Information. If You use our Website but choose NOT to register and create
an account, Cookies will be placed on Your computer or internet-connected
device. However, you may choose to remove them as is explained fully in
may not function fully or as intended those Cookies are removed.
6.5 You understand and accept that You have no ownership rights
in Your account but You may cancel or unsubscribe Your account or edit
Your search preferences for Jobs By E-mail at any time. You may
unsubscribe or cancel Your Account at any time using the links provided in
our emails and at the point of providing Your details and by managing Your
account and all Your account information including personal Data will be
deleted from the Website. JobsFlag reserves the right to delete Your
account and all of Your personal information if the account is inactive
for a significant period.
6.6 By posting User Content on the Website You grant JobsFlag a
worldwide, non exclusive, royalty–free, transferable, sublicensable
license to use, reproduce, adapt and distribute such User Content through
6.7 We use and process Your personal information in accordance
in accordance with the CA Regulation 2016/679 – the General Data
Protection Regulation (“GDPR”). We comply with Data Protection legislation
in the United States. Personal data is processed at the Head Office of the
Data Controller but Services offered via Third parties may be processed
outside the US and/or outside Canada.
Nothing on the Website shall be considered an endorsement, representation
or warranty with respect to any User or third party, whether in regards to
its Website, products, services, hiring, experience, employment or
recruiting practices, or otherwise.
8.1 The Website, JobsFlag Content and all rights, title and
interest in and to the Website and JobsFlag Content are the sole and
exclusive property of JobsFlag or its licensors. Except for the limited
license expressly granted to You in these Terms and Conditions, JobsFlag
reserves for itself and its licensors all other rights, title and interest
including the copyright and other intellectual property rights subsisting
in that Content. All Content is protected by applicable United States and
international intellectual property laws, conventions and treaties. All
rights are reserved.
8.2 The JobsFlag Content may be duplicated by You only for the
purposes outlined in this Agreement. "JobsFlag,"
"JobsFlag.ca”, the JobsFlag design logo “All The Jobs” and certain
other names or logos are service marks or trademarks of JobsFlag and all
related product and service names, design marks and slogans are the
service marks or trademarks of JobsFlag. In addition, the "look"
and "feel" of the Website (including color combinations, button
shapes, layout, design and all other graphical elements) are also
protected by JobsFlag’ trademarks, service marks and copyrights. Any code
that JobsFlag creates to generate or display the Content or the pages
making up the Website is also protected by JobsFlag’ copyright. You must
preserve all copyright, trademark, service mark and other proprietary
notices contained on the Content or JobsFlag Content on any authorized
copy You make of the Content or JobsFlag Content. All other product and
service marks contained on the Website are the trademarks of their
8.3 Nothing in these Terms and Conditions limits or excludes the
provisions of Chapter III of the Copyrights, Designs and Patents Act 1988
“Acts Permitted in Relation to Copyright Works”, covering in particular
the making of temporary copies; the making of personal copies for private
use; research and private study; the making of copies for text and data
analysis for non-commercial research; criticism, review, quotation and
news reporting; caricature, parody or pastiche; and the incidental
inclusion of copyright material.
You agree to defend, indemnify, and hold harmless JobsFlag (and its
subsidiaries, affiliates, officers, directors, employees and agents) from
and against any third party claims, actions or demands (including, without
limitation, costs, damages and reasonable legal and accounting fees)
alleging or resulting from or in connection with Your use of the Website
and Services or Your breach of this Agreement. JobsFlag shall use
reasonable efforts to provide You prompt notice of any such claim, suit,
or proceeding and may assist You, at Your expense, in defending any such
claim, suit or proceeding.
You acknowledge and agree that JobsFlag may provide the Services using
third party providers, including subcontractors and consultants.
JobsFlag welcomes Your comments regarding the Services and the Website and
appreciates hearing from You. Please note, however, that JobsFlag does not
accept or consider creative ideas, suggestions, inventions or materials
other than those which it has specifically requested. If You submit
feedback on the Services, please be specific in Your comments and do not
submit creative ideas, inventions, suggestions, or materials. If, despite
this notice, You send JobsFlag creative suggestions, ideas, drawings,
concepts, inventions, or other information (a "User
Submission"), You understand and agree that the User Submission shall
become the property of JobsFlag. User Submission and any elements
contained in User Submissions, shall not be subject to any obligation of
confidentiality on JobsFlag’ part, and JobsFlag will not be liable for any
use or disclosure of any User Submission. JobsFlag shall exclusively own
all now known or later discovered rights to the User Submission and shall
be entitled to unrestricted use of the User Submission for any purpose
whatsoever, commercial or otherwise, without compensation to You or any
12.1 Warranty disclaimers.
12.1.1 Access to the JobsFlag Website and the JobsByEmail service is
provided on an 'as is' and on an “as available” basis without
any warranties of any kind, express or implied. JobsFlag, to the fullest
extent permitted by law, disclaims all warranties, including, but not
limited to, the warranties of merchantability, title, non-infringement
of third parties' rights, and fitness for particular purpose.
JobsFlag makes no warranties that the Website will meet Your
requirements or about the accuracy, reliability, completeness, or
timeliness of the website.
JobsFlag may alter, suspend or discontinue the Website (or any part of
it) at any time and without notice. JobsFlag will not be liable to You
in any way if the Website is unavailable at any time and for any period.
JobsFlag makes no representation, warranty or guarantee that the Website
will be compatible with all software and hardware, or that it will be
12.1.2 Without limitation on the above but in particular:
(i) JobsFlag exercise all reasonable skill and care to ensure that the
JobsFlag Website is secure and free from viruses and other malware.
However, JobsFlag does not warrant that the Website will operate
error-free or that the Website and their servers are free of computer
viruses or other harmful mechanisms and other malware. If Your use of
the Website results directly or indirectly in the need for servicing or
replacing equipment or data, JobsFlag is not responsible for those
costs. You are responsible for protecting Your hardware, software, data
and other material from viruses, malware and other internet security
(ii) JobsFlag makes reasonable efforts to ensure that the Content on the
Website is complete, accurate and up-to-date. However, JobsFlag makes no
representations, warranties or guarantees (whether express or implied)
regarding the truthfulness, accuracy, legality, completeness, timeliness
or reliability of any Jobs published on the Website. Jobs may contain
inaccuracies or typographical errors. You agree that any reliance on
Jobs published on the Website, or on any other form of communication
with Employers/Recruiters through their own Websites will be at Your own
risk. JobsFlag does not endorse any opinions expressed by Candidates,
Employers, Recruiters or other third parties to this Agreement.
(iii) JobsFlag makes no representations or guarantees regarding the
Content of the Website, including, but not limited to, broken links,
inaccuracies or typographical errors. JobsFlag makes no claims that the
Content is appropriate or may be downloaded in all jurisdictions. Access
to the Content may not be legal by certain persons or in certain
countries, and such persons have no right to access or use the Website.
If You access JobsFlag You do so at Your own risk and are responsible
for compliance with the laws of Your jurisdiction.
(iv) JobsFlag makes no representations or guarantees regarding the
effectiveness of the Services or timeliness of the Services in meeting
Your employment objectives. JobsFlag does not guarantee that the
Services will result in Candidates being hired, positions being filled
or employees being retained, and is not responsible or liable for any
business, employment, hiring and/or salary decisions, for whatever
reason made by You.
(v) JobsByEmail and any attachments are sent in confidence and are not
intended to be read by any person other than an intended recipient. The
recipient is responsible for conducting the appropriate virus checks and
whilst appropriate security measures are in place, JobsFlag give no
warranty, express or implied, that this email is free of viruses or that
its transmission has been secure. If you receive this in error please
contact us on
. Any use, copying or dissemination of this email or any information
contained in it to anyone other than an intended recipient is
(vi) Internet communications are not secure and we accept no liability
for any abuse of such communications by third parties nor for any
alteration or corruption during transmission nor for any damage or loss
caused by any virus or other defect.
(vii) Any and all communications sent to us may be monitored and/or
stored by us to ensure compliance with relevant legislation, rules and
policies. All communications are handled in full compliance with the
Data Protection Act 1998.
13.1 You assume all responsibility and risk for Your use of the
Website, the internet generally, and the information You submit to the
Website and for Your conduct on and off the Website. You expressly
release JobsFlag of any liability in respect of any claim against
JobsFlag or third parties arising from the publication of Jobs or sent
via Jobs By E-mail
13.2 To the fullest extent permissible by law, JobsFlag (and/or
any of its officers, directors, shareholders, employees, subsidiaries,
affiliates, agents or advertisers), accepts no liability for any
non-direct damages whatsoever (including, without limitation, incidental
and consequential damages, lost profits, or damages resulting from lost
data, lost employment opportunity, or business interruption) resulting
from or arising under or in connection with Services or the use or
access to, or the inability to use or access, the Website and/or any
document, whether based on warranty, contract, tort, or any other legal
theory, and whether or not JobsFlag is advised of the possibility of
13.3 To the fullest extent permissible by law, JobsFlag (and/or
any of its officers, directors, shareholders, employees, subsidiaries,
affiliates, agents or advertisers), accepts no liability for any direct
13.4 Due to the nature of this Agreement, in addition to money
damages, You agree that JobsFlag will be entitled to equitable relief
upon a breach of this Agreement by You.
13.5 JobsFlag is not involved in the actual transaction between
Employers/Recruiters/Advertisers and Candidates and is not a Recruitment
Agency or a Consultancy service for Employers/ Recruiters/Advertisers.
13.6 Nothing in these Terms and Conditions excludes or restricts
JobsFlag’ liability for fraud or fraudulent misrepresentation, for death
or personal injury resulting from negligence, or for any other forms of
liability which cannot be excluded or restricted by law.
It is difficult to authenticate User identities on the Internet and
therefore JobsFlag cannot and does not confirm that each User is who they
claim to be. JobsFlag is not and cannot be involved in User-to-User
dealings or control the behaviour of participants on the Website, so in
the event that You have a dispute with one or more Users, You release
JobsFlag from claims, demands and damages (actual and consequential and
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 to the fullest extent permitted by
JobsFlag Contact information is listed on the Website. Questions
concerning the use of the Website should be directed to us by emailing us
at info@JobsFlag.ca or by letter to Customer Services at JobsFlag
223 Cougar Blvd #527 Provo, UT 84604
. Notices to JobsFlag should also be sent to the above address. If we have
Your contact details, we may from time to time send You important notices
to You by email or at the address submitted by You or to such other
address as JobsFlag reasonably determines is an appropriate address for
16.1 JobsFlag respects the intellectual property of others. It is
JobsFlag’ policy to respond to claims of copyright and other intellectual
property infringement. JobsFlag will promptly process and investigate
notices of alleged infringement and will take appropriate action. JobsFlag
may act expeditiously to remove or disable access to any material claimed
to be infringing or claimed to be the subject of infringing activity and
may act expeditiously to remove or disable access to any reference or link
to material or activity that is claimed to be infringing. JobsFlag will
terminate access for Users who are repeat infringers.
16.2 If You believe that Your copyright work or trademark has been
posted to the Website and as a result copyright or trademark infringement
has occurred please contact JobsFlag by emailing us at info@JobsFlag.caor
by letter to Customer Services at JobsFlag
223 Cougar Blvd #527 Provo, UT 84604
. Please also note that You may be liable for damages (including costs and
legal fees) if You materially misrepresent that an activity is infringing
These Terms will remain in full force and effect while You are a User of
the JobsFlag Website. JobsFlag reserves the right, at its sole discretion,
to pursue all of its legal remedies, including but not limited to removal
of Your User Content from the Website and immediate termination of Your
account and ability to access the Website upon any breach by You of these
Terms. All provisions of this Agreement shall survive termination except
those granting access or use to the Website and You shall cease all Your
use and access immediately.
JobsFlag may revise these Terms and Conditions at any time by updating
this page. Changes will be binding on You upon Your first use of the
Website after the changes have been implemented on the Website (or as
otherwise stated in any notice of such changes). Any use of a Website will
be considered acceptance by You of the current Terms and Conditions
contained on the Website. If at any time You find the Terms and Conditions
unacceptable, You may not use the Website any longer. Any new or different
terms supplied by You are specifically rejected by JobsFlag unless
JobsFlag agrees to them in a signed writing specifically including those
new or different terms. JobsFlag may change the Website at any time. You
are therefore advised to check this page from time to time. In the event
of any conflict between the current version of these Terms and Conditions
and any previous versions, the provisions current and in effect shall
prevail unless it is expressly stated otherwise.
These Terms and Conditions and the relationship between You and JobsFlag,
whether contractual or otherwise, shall be governed by and construed in
accordance with the laws of the United States. Jurisdiction for any claims
arising under this Agreement shall lie exclusively with the US courts. If
any provision of this Agreement is found to be invalid by any court having
competent jurisdiction, the invalidity of all or part of a provision shall
not affect the validity of the remaining parts and provisions of this
Agreement, which shall remain in full force and effect.