Terms of Service

Terms of Use

Last Updated: March 28, 2021

 

PLEASE READ AND REVIEW THESE TERMS CAREFULLY. ACCESS TO AND/OR USE OF THIS SITE CONSTITUTES YOUR ACCEPTANCE AND CONSENT TO BE BOUND BY THE TERMS AS OUTLINED BELOW. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, DO NOT USE OR ACCESS THE SITE.

 

1. ACCEPTANCE OF TERMS; MODIFICATION OF TERMS

 

Thank you for stopping by www.staffmax.ca (herein after referred to as the “Site”). The Site is operated by Staffmax Staffing & Recruiting. These Terms of Use (herein after referred to as “Terms”) will state the terms and conditions governing use and access to the Site. This constitutes a legally binding contract between you and Staffmax. Additional terms and conditions posted by Staffmax throughout the Site, or can be made available to you by Staffmax, are incorporated into the following Terms.

 

Staffmax may revise some or all of these Terms via adding, deleting, or changing the content of these Terms. These changes may be made at any time at our discretion.

 

Notice of the proposed amendments will be done by posting the new version of these Terms with an updated version date. Amendments take full effect 30 days after the updated version date. The previous version of the Terms will continue to apply until that time. If you do not agree with any of the changes, you can refuse them by ceasing use of the Site at any time within that 30-day period. Use of the Site after the 30-day period is deemed as acceptance of the amendments.

 

You can see when the last changes on the Policy was made by verifying the “Last Updated” line at the top of this page. At any time and without liability, Staffmax holds the right to modify or discontinue all or part of the Site which also includes access to the Site via third-party links, or offer opportunities to some or all Site users.

 

2. ELIGIBILITY; ORGANIZATIONS; JURISDICTIONS AND LAWS

 

By using the Site, you confirm that you are at the legal age of majority to enter into these Terms.

Should you be using the Site on behalf of any other corporation, partnership, or any other entity you are associated with (“Organization”), you are agreeing to these Terms on behalf of not only yourself but the Organization as well, and you represent that you have the legal authority to bind such Organization to the Terms. References to “you” and “your” in these Terms will imply both the individual using the Site and to the Organization an individual is representing.

 

The Site is controlled and operated by us from Canada and as permitted by law, is not intended to be subject to the laws of any jurisdiction other than Canada and the United States. The Site may not be appropriate for use in jurisdictions other than Canada and the United States. Use of the Site is at your own risk, and you are compelled to comply with all applicable laws, rules, and regulations during your use. Staffmax may limit the Site’s availability at any time to any person, geographic area, or jurisdiction that we may choose.

 

3. LICENSE

 

On the condition of your compliance with these Terms, Staffmax grants you a limited, non-exclusive, non-transferable, non-assignable, and revocable license to access and use the Site, to download copies of the materials that Staffmax may have available for download on the Site, solely for con-commercial and personal use.

 

The Site and all materials posted is the exclusive property of Staffmax , its affiliated, and/or suppliers and is protected by Canadian, U.S., and international law. You agree not use the Site, content, information, or materials incorporated into or made available through the Site, in any way not permitted under these Terms.

 

All trademarks, service marks, trade names, and logos displayed on the Site (the “Marks”) are exclusively property of Staffmax. Except for your right to view Marks on our Site, you are not granted any rights to use of the Marks. The Site does not grant, by implication or otherwise, any license or right to use proprietary Marks displayed on the Site.

 

4. USER SUBMITTED MATERIALS

 

The Site includes the ability for you to upload your resume and other employment/career-related information, and other messaging functions (“Submitted Materials”). You retain ownership of your Submitted Materials. However, You grant Staffmax a worldwide, royalty-free, non-exclusive, perpetual, irrevocable, transferrable and fully sub-licensable license to use Submitted Materials without additional consultation to you or any third party. This license includes the ability to reproduce, distribute, and display (publicly or otherwise), adapt, modify and otherwise use these Submitted Materials in any format or media now being used or developed in the future, and for any purpose.

 

In addition, any ideas, proposals, suggestions, or other materials (“Feedback”) related to the Site or the company provided will be considered Submitted Materials. You acknowledge and agree that this Feedback is not confidential and any Feedback provided is gratuitous, unsolicited, and free of restriction, and does not place Staffmax under any fiduciary duty or other obligation to you or to any other person.

 

You represent that you have all the rights needed to grant the licenses as stated in this section, and that your Submitted Materials are complete, accurate, not fraudulent, and not in violation of any applicable laws or a third-party’s rights, including intellectual property rights. For your Submitted Materials, you also irrevocably waive any moral or other rights with author attribution or integrity of materials that you may have under any applicable law. You agree to maintain and update your Submitted Materials as needed. Staffmax may (but has no obligation to) screen, monitor, review, and remove any Submitted Materials any time and for any reason, or analyze your use and access to the Site.

 

Staffmax may use Submitted Materials for the purposes as described in the Site’s Privacy Policy, and Staffmax may provide Submitted Materials to third parties for the purposes described in the Privacy Policy. The Privacy Policy outlines how Staffmax may collect, use, and disclose information collected about you through your use of the Site or as a result of that use.

 

5. RULES OF CONDUCT

 

In connection with the Site, you agree NOT to:

 

  • Send or transmit any Submitted Materials that may be considered threatening, harassing, degrading, hateful or intimidating; defamatory, libelous, fraudulent, or otherwise unlawful; indecent, pornographic or otherwise objectionable; or protected by a third party’s copyright, trademark, trade secret, right of publicity or privacy, or any other proprietary right, without proven prior written consent of the applicable owner.
  • Send through the Site any virus, worm, Trojan horse, Easter egg, time bomb, spyware, or other computer related issue that is potentially harmful, invasive, or intended to damage/hijack/monitor the operation of any hardware, software, or equipment.
  • Use the Site for commercial purposes, or for any purpose that is fraudulent or otherwise unlawful.
  • Collect information about users of the Site.
  • Disrupt in any way the operation of the Site, servers, or networks used to make the Site available. This includes hacking, changing,  defacing any portion of the Site.
  • Restrict or inhibit any other person from using the Site that is of legal age of majority.
  • Copy, change, adapt, translate, sell, rent, lease, loan, distribute any portion of (or any use of) the Site, except as expressly authorized.
  • Reverse engineer, decompile, or disassemble any part of the Site, except where such restriction is prohibited by law.
  • Remove any copyright, trademark or other proprietary rights notice from the Site.
  • Frame or mirror any part of the Site, or otherwise incorporate any part of the Site into any outside product or service.
  • Download and store Site content.
  • Use robot, spider, site search/retrieval applications, or other manual or automatic device to retrieve, index, scrape, or data mine Site content, or to reproduce/circumvent the navigational structure or presentation of the Site, without Staffmax’s prior written consent. Staffmax will grant to the operators of public search engines permission to use spiders to copy materials from the Site for the sole purpose of creating publicly available, searchable information of such materials, but not caches or archives these materials. Staffmax has the right to revoke this permission at any time and without notice.

 

6. THIRD PARTY MATERIALS

 

The Site may make available or provide links to third party websites, content, or information (“Third Party Materials”). Staffmax is not in control of, and is not responsible for, any Third Party Materials and the availability of Third Party Materials on the Site. Links to Third Party Materials does not constitute endorsement of, or affiliation with, the provider of Third Party Materials. Use of Third Party Materials is at your own risk.

 

7. INDEMNIFICATION

 

You agree to indemnify, defend, and hold not responsible and harmless Staffmax and its affiliates, agents, and employees, from any  personal or legal claims, liabilities, damages, judgments, awards, losses, costs, expenses or fees that arise from your access, use, and activities in connection with the Site (including any Submitted Materials), or your violation or alleged violation of these Terms or the Privacy Policy.

 

9. DISCLAIMER

 

The following provision does not apply in the Province of Quebec.

 

The site is provided on an “as is” and “as available” basis without warranties of any kind. Staffmax disclaims all warranties, whether express or implied, with respect to the site to the full extent permissible under applicable law. This includes warranties of merchantability, fitness for a particular purpose, non-infringement, title, and warranties arising from the course of performance, dealing, or usage, or trade.

 

While Staffmax tries best to maintain the timeliness, integrity and security of the Site, Staffmax does not guarantee that the Site is updated, complete, correct or secure, or that access to the Site will be uninterrupted. The Site may also include inaccuracies, errors, and materials that violate or conflict with these Terms. Third parties may make unauthorized alterations to the Site.

 

Further, Staffmax does not guarantee that you will get employment or job offers through the Site; will not be responsible for any employment offers, listings, screenings, decisions, or actual employment presented by third parties; and is not your employer based solely on Site Usage. Your own judgment in evaluating any prospective employers and any Third Party Materials is to be used.

 

10. LIMITATION OF LIABILITY

 

The following provision does not apply in the Province of Quebec.

 

Staffmax is not liable for any indirect, incidental, consequential, special, exemplary, aggravated, or punitive damages of any kind, under any contract, tort, strict liability, or other legal remedies. This includes damages for loss of profits, use of data, loss of other intangibles, or loss of security of submitted materials, even if advised in advance of the possibility of such damages or losses. Without limiting the foregoing, Staffmax is not liable for damages of any kind resulting from your use of or inability to use the site or from any third-party materials. This includes any virus that may be transmitted in connection therewith. The only remedy for dissatisfaction with the Site is to stop using the Site. The maximum aggregate liability of Staffmax for all will be $100.00 CAD.

 

Solely to the extent that local applicable law applies to you, some or all of the above disclaimers, exclusions or limitations may not apply, and you may have certain additional rights. You are responsible for knowing such rights.

 

11. TERMINATION

 

Staffmax reserves the right to terminate or suspend any person’s access to the Site at any time with or without cause or notice. This includes if Staffmax believes that you have violated these Terms. Upon any such termination or suspension, your right to access and use the Site will immediately cease and subject to applicable laws, Staffmax will be under no obligation to keep on record or provide you with access to any materials given (including Submitted Materials), which can be destroyed at Staffmax’s sole discretion. Except for the license granted to you for access and use the Site, the remaining provisions of these Terms will survive and continue to apply.

 

12. NOTICE OF COPYRIGHT INFRINGEMENT

 

The ‘Notice and Notice’ regime under the Copyright Act of Canada provides recourse for copyright owners who believe that their material is appearing on the internet in a matter that infringes their rights under Canadian copyright law.

 

If you sincerely believe that materials available on the Site infringe your copyright, you or your representative may send to Staffmax a written notice of claimed infringement by mail, e-mail or fax. Notices are required to meet the then-current statutory requirements as per the Copyright Act. Staffmax may charge then-current statutory processing fees for notices. See: https://www.ic.gc.ca/eic/site/oca-bc.nsf/eng/ca02920.html. Notices must be sent in writing to:

 

Copyright Agent

Staffmax Staffing & Recruiting

Attn: Kevin Gill, President

206-1661 Portage Ave

Winnipeg, MB R3J 3T7

 

Toll-Free: 888-956-7090

Toll-Free fax: 855-956-7411

Email Address: info@staffmax.ca

 

It is strongly suggested and encouraged that you consult your legal advisor before filing a notice.

 

13. DIGITAL MILLENNIUM COPYRIGHT ACT

 

The Digital Millennium Copyright Act of 1998 (the “DMCA”) provides recourse for U.S. copyright owners who believe that material appearing on the internet infringes their rights under the law. If you sincerely believe that materials available on the Site infringe your copyright, you or your representative may send to Staffmax a written notice by mail, e-mail or fax, requesting that Staffmax remove such material or block access to it. If you believe that Staffmax has wrongly filed a notice of copyright infringement against you, the DMCA permits you to send a counter-notice. Notices and counter-notices must meet the then-current statutory requirements as required by the DMCA. See http://www.copyright.gov/ for details. Notices and counter-notices must be sent in writing to:

 

Copyright Agent

Staffmax Staffing & Recruiting

Attn: Kevin Gill, President

206-1661 Portage Ave

Winnipeg, MB R3J 3T7

 

Toll-Free: 888-956-7090

Toll-Free fax: 855-956-7411

Email Address: info@staffmax.ca

 

It is strongly suggested and encouraged that you consult your legal advisor before filing a notice.


14. GOVERNING LAW; JURISDICTION

 

These Terms of Use are governed by and will be construed in accordance with the laws of the Province of Manitoba and the federal laws of Canada applicable, without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the laws and courts located in Winnipeg, Manitoba, and waive any jurisdictional, venue, or inconvenient forum objections in court.

 

With regards to Quebec jurisdiction, your Terms are governed by and will be construed in accordance with the laws of the Province of Quebec and the federal laws of Canada applicable, without regard to its principles of conflicts of law, and regardless of your location. You agree to exclusive jurisdiction of the laws and courts located in Winnipeg, Manitoba, and waive any jurisdictional, venue, or inconvenient forum objections in court.

 

15. INFORMATION OR COMPLAINTS

 

For any complaints or inquiry you may have with regards to information, you may use the following contact information:

 

Mailing Address:

Staffmax Staffing & Recruiting

206-1661 Portage Ave

Winnipeg, MB R3J 3T7

 

Toll-Free: 888-956-7090

Toll-Free fax: 855-956-7411

Email Address: info@staffmax.ca

 

16. GENERAL

 

These Terms do not create any partnership, joint venture, employer-employee, agency, or franchisor-franchisee relationship between you and Staffmax. Should any provision of these Terms is found to be unlawful, void, or unenforceable, that provision will be not longer applicable to these Terms but will not affect the validity and enforceability of any remaining provision. You may not assign, transfer, or sublicense any rights or obligations under these Terms without our express prior written consent. Staffmax may assign, transfer, or sublicense any or all of our rights or obligations under these Terms with no restrictions.

 

Any heading, caption, or section title contained on the Site going forward is for convenience only, and in no way defines or explains any section or provision. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.”

 

The following provision does not apply in the Province of Quebec.

 

These Terms of Use constitute the entire agreement between you and Staffmax relating to the subject matter and supersede any and all prior or current written or oral agreements or understandings between you and Staffmax.

 

The following provision does not apply in the Province of Quebec.

 

Notices can be made via posting to the Site or by e-mail, or by regular mail. A hard-copy version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings relating to these Terms  and is subject to the same conditions as other business documents and/or records generated and maintained in printed form. Staffmax is not responsible for any failure to fulfill any obligation due causes beyond its control.


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