Step1: User Agreement
THIS IS A LEGAL AGREEMENT BETWEEN YOU AND CANSCENE INC. STATING THE TERMS THAT GOVERN YOUR USE OF THE CANSCENE ON¨CLINE SERVICES WITH A USER PROFILE.
THIS AGREEMENT¨CTOGETHER WITH ALL UPDATES, ADDITIONAL TERMS, AND ALL OF CANSCENE RULES AND POLICIES REFERRED TO IN THIS AGREEMENT¨CCOLLECTIVELY CONSTITUTE THE AGREEMENT BETWEEN YOU AND CANSCENE. We recommend that you keep (saved or printed) these terms and conditions and that you verify any updates upon any use.
YOU MUST ACCEPT AND ABIDE BY THESE TERMS AS PRESENTED TO YOU; CHANGES, ADDITIONS, OR DELETIONS ARE NOT ACCEPTABLE, AND CANSCENE MAY REFUSE ACCESS TO ITS ON¨CLINE SERVICES FOR NON¨CCOMPLIANCE WITH ANY PART OF THIS AGREEMENT.
CANSCENE's main place of business is currently located at 3429, Notre-Dame O, Suite 101, Montreal (Quebec) Canada H4C 1P3; Phone: (514) 835-2393; Fax: (514) 798-1738; Email: [email protected].
Please contact us as soon as possible if any of your Registration data or in any transaction is inaccurate.
Goods and services made available by Canscene through this Agreement are described on the Canscene Website found at www.Canscene.com, with their technical specifications, together with pricing, tariffs, and costs, if any, and the terms of payment and termination if applicable.
- Service(s) Definition. On¨Cline services for users with a profile may allow them to save and access, from time to time, on the Canscene Website certain documentation and information, such as, for individuals seeking employment through Canscene and/or its affiliates: curriculum vitae, working profile, employment history, job search history and other similar information; for temporary employees of Canscene and its Affiliates: employment and payroll information including Social Insurance Number, Social Security Number, banking information, payroll records and temporary employment history and other similar information; and for employers: job posting, applications received, replies sent out, history and other similar information under certain terms and conditions as set forth in this Agreement (the Services). Services are detailed on the Canscene Website and such detailed descriptions shall prevail over the above generic description.
- User Account and Security. As a registered user of the Service, you may establish an account (Account). You are solely responsible for maintaining the confidentiality and security of your Account. You should not reveal your Account information, including your confidential and personal password, to anyone else. You should not use anyone else's Account. You are entirely responsible for all activities that occur on or through your Account, and you must immediately notify Canscene of any unauthorized access and use of your Account or any other breach of security. Canscene is not responsible for any losses arising out of the unauthorized access or use of your Account which is not due to the intentional or gross fault of Canscene.
- Posting of Information. The Service may allow interactive features that enable you to, among other things, post or submit information, content or links to third party content on areas of the Service accessible and viewable by other users of the Service and the public. Access to such features is conditional upon your compliance with the applicable rules. You represent and agree that any use by you of such features, including any information, materials or links submitted or posted by you, shall be your sole responsibility, shall not infringe or violate the rights of any other party or violate any laws, contribute to or encourage infringing or otherwise unlawful conduct, or otherwise be obscene, objectionable or in poor taste, and that you have obtained all necessary rights, licenses or clearances. You further agree to provide accurate and complete information in connection with your submission or posting of any information or materials on the Service. Moreover, you hereby grant Canscene a worldwide, royalty¨Cfree, non¨Cexclusive license to use such materials as part of the Service, without any compensation or obligation to you.
Canscene reserves the right not to post or publish any materials, and to delete, remove or edit any material, at any time in its sole discretion without liability.
Canscene has the right, but not the obligation, to monitor any information and materials submitted or posted by you or otherwise available on the Service, to investigate any reported or apparent violation of this Agreement, and to take any action that Canscene in its sole discretion deems appropriate.
- Intellectual Property. You agree that the Service contains proprietary information and material that is owned by Canscene and/or its Affiliates and/or its licensors, and is protected by applicable intellectual property and other laws, including but not limited to copyright, and that you will not use such proprietary information or materials in any way whatsoever except for use of the Service in compliance with the terms of this Agreement. No portion of the Service may be reproduced in any form or by any means. You agree not to modify, sell, rent, lease, loan, distribute, resell or create derivative works based on the Service, in any manner, and you shall not exploit the Service in any unauthorized way whatsoever.
- Trade¨Cmarks. Trade¨Cmarks, graphics, and logos used in connection with the Service are trade¨Cmarks or registered trade¨Cmarks of Canscene and/or its Affiliates and/or its licensors in Canada and/or other countries. You are not granted any right or license with respect to any of the aforesaid trade¨Cmarks and any use of such trade marks.
- Termination. If you fail, or Canscene has reasonable grounds to suspect that you have failed, to comply with any of the provisions of this Agreement, including but not limited to failure to provide Canscene with accurate and complete data for Registration, failure to safeguard your Account information, or violation of the Usage Rules or any license to software, or infringement or violation of third parties' rights, or violation of applicable laws; Canscene may, at its sole discretion, without notice to you: (i) terminate this Agreement and/or your Account; and/or (ii) preclude access to the Service (or any part thereof).
Notwithstanding any other provision of this Agreement, Canscene reserves the right to modify, suspend or terminate access to the Service, to content, or to any other element forming part of the Service, at any time without prior notice and without liability. Canscene may also implement any restrictions or limitations on the use of or access to the Service, without notice and liability. Canscene reserves the right to modify, suspend, or discontinue the Service (or any part or content thereof) at any time with or without notice to you, and Canscene will not be liable to you or to any third party should it exercise such rights.
Enforcement. Canscene reserves the right to take steps Canscene believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement (including but not limited to Canscene's right to cooperate with any legal process relating to your use of the Service, and/or a third party claim that your use of the Service is unlawful and/or infringes such third party's rights).
- Not Responsible for Third¨CParty Materials or Websites. Certain content and information available via the Service may include elements or materials from third parties. Canscene may provide links to certain third party websites. You acknowledge and agree that Canscene is not responsible for examining or evaluating the content or accuracy of any such third¨Cparty material or websites. Canscene does not warrant or endorse and does not assume and will not have any liability or responsibility for any third¨Cparty materials or websites, or for any other materials, products, or services of third parties. Links to other websites are provided solely as a convenience to you, without any representation or warranty whatsoever. You agree that you will not use any third&8211party materials in a manner that would infringe or violate the rights of any other party, and that Canscene is not responsible for any such usage by you.
- Disclaimer of Warranties; Liability Limitations. CANSCENE WARRANTS THAT IT WILL PROVIDE THE SERVICE WITH REASONABLE SKILL AND SUBSTANTIALLY IN ACCORDANCE WITH THIS AGREEMENT. EXCEPT AS EXPRESSLY PROVIDED HEREIN, THERE ARE NO OTHER WARRANTIES, CONDITIONS OR PROMISES ABOUT THE SERVICE, EXPRESSED OR IMPLIED, AND ALL SUCH WARRANTIES, CONDITIONS AND PROMISES ARE EXCLUDED TO THE FULL EXTENT PERMITTED BY LAW.
WITHOUT LIMITATION TO THE FOREGOING: (i) CANSCENE DOES NOT GUARANTEE, REPRESENT, OR WARRANT THAT YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED OR ERROR FREE, AND YOU AGREE THAT FROM TIME TO TIME CANSCENE MAY REMOVE THE SERVICE FOR INDEFINITE PERIODS OF TIME, OR CANCEL THE SERVICE AT ANY TIME, WITHOUT NOTICE TO YOU; (ii) CANSCENE DOES NOT GUARANTEE, REPRESENT OR WARRANT THAT THE SERVICE WILL BE FREE FROM LOSS, CORRUPTION, ATTACK, VIRUSES, INTERFERENCE, HACKING, OR OTHER SECURITY INTRUSION, AND CANSCENE DISCLAIMS ANY LIABILITY RELATING THERETO. YOU ARE RESPONSIBLE FOR PROTECTING AND BACKING UP YOUR OWN SYSTEM AND DATA.
IN NO CASE SHALL CANSCENE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, OR LICENSORS BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY CANSCENE, ITS EMPLOYEES OR AGENTS WHERE: (i) THERE IS NO BREACH OF A DUTY OF CARE OWED TO YOU BY CANSCENE, ITS EMPLOYEES OR AGENTS; (ii) SUCH LOSS OR DAMAGE IS NOT A DIRECT CONSEQUENCE OF A CANSCENE FAULT OR IS NOT A REASONABLY FORESEEABLE RESULT OF ANY SUCH FAULT; (iii) ANY INCREASE IN LOSS OR DAMAGE RESULTS FROM BREACH BY YOU OF ANY TERM OF THIS AGREEMENT.
CANSCENE WILL NOT BE LIABLE FOR ANY LOSS OF INCOME, BUSINESS OR PROFITS, OR FOR ANY LOSS OR CORRUPTION OF DATA IN CONNECTION WITH YOUR USE OF THE SERVICE.
- BY USING THE SERVICE, YOU AGREE TO INDEMNIFY AND HOLD CANSCENE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS HARMLESS WITH RESPECT TO ANY CLAIMS ARISING OUT OF YOUR BREACH OF THIS AGREEMENT, OR ANY ACTION TAKEN BY CANSCENE AS PART OF ITS INVESTIGATION OF A SUSPECTED VIOLATION OF THIS AGREEMENT OR AS A RESULT OF ITS FINDING OR DECISION THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
YOU AGREE YOU CANNOT RECOVER ANY DAMAGES FROM CANSCENE, ITS DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, AND LICENSORS AS A RESULT OF ITS DECISION TO REMOVE OR REFUSE TO PROCESS ANY INFORMATION OR CONTENT, TO WARN YOU, TO SUSPEND OR TERMINATE YOUR ACCESS TO THE SERVICE, OR TO TAKE ANY OTHER ACTION DURING THE INVESTIGATION OF A SUSPECTED VIOLATION OR AS A RESULT OF CANSCENE CONCLUDING THAT A VIOLATION OF THIS AGREEMENT HAS OCCURRED.
- System Requirements. Use of the Service requires a compatible device, Internet access, and may require certain software and may require updates or upgrades from time to time. Performance and use of the Service may be affected by these factors which remain your responsibility.
- Technical Problems. On occasion, technical problems may delay or prevent access to or use of the Service or of your User Profile.
- Miscellaneous. This Agreement constitutes the entire agreement between you and Canscene and governs your use of the Service. This Agreement supersedes any prior agreements between you and Canscene. You may also be subject to additional terms and conditions that may apply when you use affiliate services, third party content, or third party software. Canscene failure to enforce any right or provisions in this Agreement will not constitute a waiver of such provision, or any other provision of this Agreement. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the other provisions will remain in full force and effect. Canscene will not be responsible for failures to fulfill any obligations due to force majeure or other causes beyond its control. You hereby waive the benefit of Articles 2125 and 2129 of the Civil code of Quebec and similar discretionary rights. You have requested that this Agreement be drafted in English.
- Notices. Canscene may send you notice with respect to the Service by sending an email message to the email address listed in your Account contact information, by sending a letter via postal mail to the contact address listed in your Account contact information, or by a posting on the Canscene Website. Notices shall become effective immediately.
- Age requirements. This Service is available for individuals aged 16 years or older (subject to applicable local laws on minimum age for employment). If you are 16 or older but under the age of 18, you must review these terms and conditions with your parent or legal guardian to make sure that you and your parent or legal guardian understand these terms and conditions and agree to be bound hereby.
- Territory. The Service is currently available to you only in certain provinces of Canada and certain states of the United States of America as listed on the Canscene Website and is not available in any other location. You agree not to use or attempt to use the Service from outside of the available territory.
- Governing Law. This Agreement and the use of the Service is governed by the laws of the Province of Quebec and the federal laws of Canada applicable therein, without regard to conflict of laws rules.
- Changes. Canscene reserves the right, at any time and from time to time, to update, revise, supplement, and otherwise modify this Agreement and to impose new or additional rules, policies, terms, or conditions on your use of the Service. Such updates, revisions, supplements, modifications, and additional rules, policies, terms, and conditions (collectively referred to in this Agreement as "Additional Terms") will be effective immediately upon release and incorporated into this Agreement. Your continued use of the Service will be deemed to constitute your acceptance of any and all such Additional Terms. All Additional Terms are hereby incorporated into this Agreement by this reference. IN THE EVENT ANY ADDITIONAL TERM IS NOT ACCEPTABLE, YOU MAY REFUSE BUT YOU SHALL CEASE USING THE SERVICE.
- Valid Consent. Your use of the Service includes the ability to enter into agreements electronically. YOU ACKNOWLEDGE THAT YOUR ELECTRONIC SUBMISSIONS CONSTITUTE YOUR AGREEMENT AND INTENT TO BE BOUND BY AND TO PAY FOR SUCH AGREEMENTS.