Terms and Conditions

  • 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”. These Terms and Conditions (including JobsFlag’ Privacy and Cookie Policy) 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.

1.2 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 contractors.

  • Definitions.

“JobsFlag” means JobsFlag LLC, a company registered in Utah with our registered office at 223 Cougar Blvd #527 Provo, UT 84604 and includes JobsFlag.ca and any other Websites owned by JobsFlag.

"JobsFlag Content" means any documents, materials, methodologies, implementation plans or other intellectual property used during the provision of Website services.

"JobsFlag Website" or the "Website" 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.

“Advertisers” means a third party who advertises or publishes adverts through the JobsFlag Website.

“Candidate” 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 Employer.

“Candidate’s License” 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.

"Content" 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.

“Data Controller” 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.

"Design" includes the color combinations and the page layout of the Website.

“Employer” means an entity whose Job extract has been published on the JobsFlag Website

“Job” refers to any job extract published on the JobsFlag Website including data, text, software, music, sound, photographs, graphics, video or other materials.

“Jobs By E-mail” means a Service provided to Candidates upon request as stated in Clause 3 below.

"Graphics" includes all logos, button icons, images, and other graphical elements on the Website, with the exception of paid advertising banners.

“Privacy and Cookie Policy” means JobsFlag’ Privacy and Cookie Policy towards personal data collected from its Users.

"Programming" includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Website.

“Recruiter” means an agent of an Employer whose Job has been published on the Website.

“Service” means the collecting, indexing and publishing of Job extracts on the JobsFlag Website and via Jobs By e-mail.

"Text" includes all text on every page of the Website, whether editorial, navigational, or instructional.

"User" refers to any individual or entity that accesses and uses any part of the Website.

“User Content” 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.

"You" or "Your" means the person or entity that is agreeing and accepting these Terms and Conditions.

  • Use of the Website, Services and Licence.

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 later.

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 international laws.

  • User Conduct, Security and Links to the JobsFlag Website.

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.

  • Responsibility for Content and Links to Other Sites.

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.

  • User Information, User Content Data Protection and Privacy and Cookie Policies.

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 later.

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 of JobsFlag’ Privacy and Cookie Policy. Use of the Website is also governed by the Privacy and Cookie Policy which is incorporated into these Terms and Conditions by this reference. Please note, as set forth in the Privacy and Cookie Policy, that JobsFlag may collect certain User Information and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, JobsFlag reserves the right to 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 JobsFlag’ Privacy and Cookie Policy but certain features of the Website 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 JobsFlag.

6.7 We use and process Your personal information in accordance with our Privacy and Cookie Policy and it will be collected, used and held 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.

  • No endorsements by JobsFlag.

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.

  • JobsFlag Intellectual Property Rights.

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 respective owners.

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.

  • Indemnity.

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.

  • Third Party Providers.

You acknowledge and agree that JobsFlag may provide the Services using third party providers, including subcontractors and consultants.

  • User Submissions.

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 other person.

  • Disclaimers and Limitations on JobsFlag’ Liability.

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 secure.

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 risks.

(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 info@jobsflag.ca . Any use, copying or dissemination of this email or any information contained in it to anyone other than an intended recipient is prohibited.

(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.

  • Damage Limitations, Allocations of Liability and Equitable Relief.

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 such damages.

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 damages.

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.

  • User Identity and Authentication.

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 law.

  • Contact, Questions and Notices.

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 You.

  • Copyright.

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 Your copyright.

  • Term and Termination

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.

  • Amendments to this Agreement and Changes to the Website.

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.

  • Applicable Law, Jurisdiction and Validity of these Terms and Conditions

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.

JobsFlag.ca is a job search engine. We are not an agent or representative of any employer.

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