Terms and Conditions of Use of MynJobs Site  

1.     Introduction

PLEASE READ THESE CONDITIONS CAREFULLY PRIOR TO APPLYING AND/OR ADDING YOUR INFORMATION AND PERSONAL DATA By applying or adding your information within the centralized database MynJobs, you accept to be bound by the Terms and Conditions of Use for Participation and Posting outlined in this contract for the entire duration of the time that your data is present within the database of the company that you applied for, and within the MynJobs centralized database. THE SYSTEMYNJOBS IS AN APPLICANT TRACKING SYSTEM  THAT OFFERS TO EACH COMPANY USING THE SYSTEM, A VIRTUAL MANAGER ALONG WITH A VIRTUAL, CONFIDENTIAL AND PRIVATE DATABASE, THAT DEALS WITH THE EVOLUTION AND RECURRING UPDATES TO CANDIDATE PROFILES FROM THE CENTRALIZED DATABASE «MYNJOBS».    The SysteMynjobs’s mission is to optimize manual operations for recruiters, while also proposing personalized features to manage their recruitment process as a whole. The platform related to the confidential and centralized database allows candidates of a company to apply faster to job opportunities, follow the evolution of their application, to see his or her application history, and access a smart profile that is automatically created by the system. The candidate can recuperate their information at all times and use their profile to their convenience, and apply with said profile to a company that is not currently using the SysteMynjobs as an applicant tracking system.

2.     Definitions

The following definitions apply to the current contract 1.1       «Content » includes a group of texts, graphic designs and programming used for the platform and the system. 1.2       « User » refers to all individuals using the platform or the system. 1.3       « Website » refers to the employer’s website 1.4       « Career Page » refers to the career page of the employer 1.5       « SysteMynJobs » system for recruitment management and applicant tracking called « The System » 1.6       « MynJobs » centralized, private and confidential database called « The Platform »

 

3.     Rules for General Use

You can use the platform only towards legal means in the context of usage expected and accepted by the Platform. MynJobs is the only determinant for the expected and acceptable use of the Platform and its system.

4.     Accepting the Terms and Conditions of Use for Participation and Posting

IF YOU DO NOT WISH TO BE BOUND BY THIS CONTRACT, DO NOT USE THE MYNJOBS SITE OR SYSTEMYNJOBS. Any use of the Platform of MynJobs and its system SysteMynjobs constitutes in your acceptance of the Terms of Use set forth in this Agreement. It is your responsibility to periodically review these Terms of Use for any changes or modifications. MynJobs and the SysteMynjobs reserve the right to modify or update the “Terms of Use” at any time without prior notice. The terms and conditions of this contract are effective immediately.

5.     Services

You agree that by clicking “Join Now” “Join MynJobs”, “Sign Up” or similar buttons, registering, accessing or using our services (including our related mobile apps, developer platforms, MynCorp services, or any content or information provided as part of these services, collectively addressed as the “Services”), you are entering into a legally binding agreement (even if you are using our Services on behalf of a company). To use the Services, you agree that: (1) you must meet and be of “Minimum Age” (defined below) or older; (2) you will only have one MynJobs account, which must be under your real name; and (3) you are not already restricted by MynJobs from using the Services. “Minimum Age” means (a) 16 years old for the United States and Canada. However, if law requires that you must be older in order for MynJobs to lawfully provide the Services to you (including the collection, storage and use of your information) then the Minimum Age is determined by the law. The Services are not for use by anyone under the age of 14.

6.     Use of Services

You are responsible for anything that happens through your account unless you close it or report misuse. You are entirely responsible for the content of the messages that you broadcast through our services and thus are accountable for any and all consequences ensuing from said messages. The use of our on-line communication services to promote or to sell any goods or services for commercial, conduct or send any studies, surveys, contests, pyramid schemes or chain letters, spam, hack, solicit or perform any other illegal act is utterly forbidden. It is also prohibited from performing an act that could undermine the rights of a third party, or their enjoyment of the service. Any activated services and packages must be used within the timeframe specified in your package. No refunds will be issued for unused services.

WITHOUT LIMITATIONS, THE USER AGREES, WHEN USING THE SERVICES, NOT TO:
  1. Cause defamation, insult, harass, stalk, threaten or otherwise violate the legal rights of others, such as the right to privacy.
  2. Publish, post, upload, distribute or disseminate any inappropriate, profane, defamatory, obscene, indecent or unlawful topic, name, material or information.
  3. Propose, solicit or try to introduce messages involving prohibited or illegal activities or any criminal acts without limitation.
  4. Upload or otherwise make available files that contain images, videos, photographs, software or other material protected by intellectual property laws, including, by way of example, copyright or trademark laws unless the User owns or controls such rights or has received all necessary consent to do the same.
  5. Use documents falsify documents or omit information such as images, videos and photographs which are made available through the Services in any manner that infringes any copyright, trademark, author attributions, legal or other proper notices or proprietary designations or labels of the origin, corporate logos or source of software or other material contained in a patent, trade secret or other proprietary right of any party.
  6. Upload files that contain viruses, corrupted files or any other similar software, or pirated material, or use a robot or similar program that may damage the operation of the website, computers or property of another party.
  7. Deliberately transmit on the Services, false or incomplete declarations or incomplete or falsified declarations.
  8. Post or publish explicitly obscene, vulgar, sexual or pornographic images, photographs or videos.
  9. Advertise or offer to sell or purchase any goods or services for commercial purposes.
  10. Restrict or prevent another user from using or benefiting from the Services.
  11. Violate any code of conduct or other guideline applicable to our Services.
  12. Harvest or otherwise collect information on other Users, such as email addresses, to harass or harm.
  13. Violate any applicable laws or regulations.
  14. Create a false identity for the purpose of misleading others.
  15. Use, download, copy or provide (whether or not for a fee) to a person or entity any directory of Users of the Services or any information on another user or usage of any portion thereof.

Due to constant changes, the information transmitted on the website cannot be constantly updated. MynJobs shall not be held responsible for the choice of your searches, accessibility of targeted websites, job postings, responses from employers, the results of searches and the resulting decisions that may occur.

7.     User Licence for Users

The MynJobs platform hereby provides a limited, cancellable, and non-exclusive right to access the Platform, and to use it uniquely for personal use. This authorizes you to access your profile, modify the following, apply to job opportunities through the career pages of employers or on the personalized company page, to download your profile for your own personal needs or other applications to companies that do not use the services of SysteMynjobs, access  the follow-up of your application and the history your overall applications. Usage must remain non-commercial and you hereby accept to be uniquely responsible for the contents of your CV and profile. All other uses of the Platform is considered a privilege, and MynJobs reserves the right to suspend or put an end to this privilege for all reasons at any time through its discretion.

8.     User Name and Password

You are the sole person responsible for maintaining the confidentiality of your user name and password; MynJobs cannot be held responsible for any unauthorized use of your account. Should the confidentiality of this information be compromised, please inform MynJobs as soon as possible to ensure that your identity is not used for fraudulent or malicious purposes. MynJobs cannot be held responsible for loss or damage resulting from the infringement of the security measures described in this section. The User must open an account to access the Services and must complete the registration process by providing MynJobs with up-to-date, comprehensive and accurate information.

9.     User Authentication

Due to the difficulty of authentication of the User on the Internet, MynJobs cannot and does not confirm that each User is the person they confirm to be. MynJobs is currently in the impossibility to get involved in the activities of its Users, and to control the behaviour of its participants on the Platform, in the event that you have a disagreement with one or multiple Users, you free MynJobs, and the SysteMynjobs from all complaints, demands and damages, known or unknown, expected or unexpected, disclosed or undisclosed, arising or in any way relating to such disputes.

10. Copyright and Trademarks

The MynJobs and the system SysteMynJobs logo and all the variations, the navigation tool and all contents of MynJobs are provided for non-profit purposes. Use of the logo or information contained at MynJobs for commercial or advertising purposes, or to increase the flow of guests to another site, without prior written permission from MynJobs is prohibited. MynJobs and the other names, logos and icons that refer to products and services from  MynJobs are registered trademarks. Unless an exception is expressly stated, no elements of  our service may be interpreted as granting an individual the right to use the intellectual property of MynJobs. It is strictly forbidden to modify, copy, distribute, transfer, post, represent, reproduce, publish, license, transfer or sell any information, software, product or service obtained from the Site, nor create material derived from the aforementioned elements.

11. Intellectual Property Rights of MynJobs and SysteMynjobs

MynJobs and SysteMynjobs and all rights, titles, and interests within the System and the Platform are the sole property of MynJobs or its licensees of licences, and are protected by copyright laws, trademarks, and other laws belonging to Canada and the United States. With the exception of licences expressed in the current conditions, MynJobs, along with its licensees, reserve all rights, titles and interests. Without limitations to the following licences, you are not permitted to reproduce, modify, publish, sell or distribute the content or the materials of MynJobs and SysteMynjobs, or use the following for all other means towards a public or commercial

12. External Sites

The Site contains links to other sites on the Internet which are owned and/or operated by third-party vendors and other third parties (the “External Sites”). You acknowledge that MynJobs is not responsible or liable for any such third parties or for the availability of, or the materials located on or through, any External Sites. You should contact the site administrator or webmaster for the applicable External Site if you have any concerns regarding such links or the materials located on an External Site.

13. Use of Site

MynJobs is for your non-commercial use only. If you wish to make commercial use of the Site, or if you wish to purchase MynJobs services that utilize the Site, you must have a prior written agreement with MynJobs to do so, or have accepted MynJobs’s online terms of services. We reserve the right at all times (but will not have any obligation) to terminate users, and reclaim usernames or URLs, for any reason.  

14. Limitation of Responsibility and Disclaimer of Warranties

MynJobs disclaims any and all responsibility or liability for the accuracy, content, completeness, legality, reliability, operability or availability of information or material displayed in or linked from the MynJobs search results (including Jobs Listings) or otherwise made available on the Site by MynJobs or third parties (including User Content). MynJobs disclaims any responsibility for the deletion, failure to store, mis-delivery, or untimely delivery of any information or material (including User Content). MynJobs disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site or on other sites or services on the Internet accessed through the Site. Under no circumstances shall MynJobs be liable to you or any third party on account of your use or misuse of or reliance on the Site. THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED “AS IS,” WITH NO WARRANTIES WHATSOEVER, EITHER EXPRESS OR IMPLIED. MYNJOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, EXPRESSLY DISCLAIM TO THE FULLEST EXTENT PERMITTED BY LAW ALL WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS. MYNJOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES REGARDING THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE SITE, AND ALL MATERIALS, INFORMATION, ADVICE, JOB LISTINGS, USER CONTENT, PRODUCTS AND SERVICES AVAILABLE ON OR THROUGH THE SITE. MYNJOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, DISCLAIM ANY WARRANTIES FOR SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE BY MYNJOBS. YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE SITE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGES TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM DOWNLOADING OR OBTAINING ANY SUCH MATERIAL OR DATA. Search engines, directories, and content are provided as a courtesy by MynJobs, without warranty as to the accuracy or availability of such sites. Furthermore, MynJobs makes no claims regarding the volume of search results. Information on the Internet is constantly evolving, as do the sites on which the information is published. Consequently, it is impossible to have full updates at all times. MynJobs therefore cannot be held responsible for limited results, or for the unavailability of a given site. Moreover, MynJobs cannot guarantee the confidentiality of the information transmitted over the Internet and cannot be held accountable for potential damage caused by the inadvertent disclosure of said information. You therefore accept full responsibility for this issue. By accepting the Terms and Conditions of Use for Participation and Posting, you withdraw any and all responsibility from MynJobs as to any and all direct or indirect damage that results from the use of said service. You also agree that all the information available on our websites is offered without any guarantee that the content is accurate or reliable.

15. Limitation of Liability

UNDER NO CIRCUMSTANCES SHALL MYNJOBS OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, BE LIABLE TO ANY USER ON ACCOUNT OF THAT USER’S USE OR MISUSE OF OR RELIANCE ON THE SITE. SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY, OR OTHERWISE, EVEN IF MYNJOBS OR ITS AFFILIATES, OR ITS OR THEIR THIRD-PARTY LICENSORS, HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND NOTWITHSTANDING THE FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF AND RELIANCE ON THE SITE, FROM RELIANCE OR DAMAGE CAUSED BY INFORMATION POSTED ON THE SITE, FROM INABILITY TO USE THE SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE SITE (INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE SITE OR RECEIVED THROUGH ANY LINKS MADE AVAILABLE ON THE SITE. THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION, TO THE COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, LOST PROFITS, OR LOST DATA. SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR NON-PERFORMANCE OF THE SITE OR ANY INFORMATION OR MERCHANDISE THAT APPEARS ON, OR IS LINKED OR RELATED IN ANY WAY TO, THE SITE. SUCH LIMITATION SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY, AND TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE EXTENT PERMITTED BY LAW, THE MAXIMUM AGGREGATE LIABILITY OF MYNJOBS AND ITS AFFILIATES, AND ITS AND THEIR THIRD-PARTY LICENSORS, FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, SHALL BE LIMITED TO THE AMOUNT YOU PAID MYNJOBS TO USE THE SITE. Without limiting the foregoing, under no circumstances shall MynJobs or its affiliates, or its or their third-party licensors, be liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its or their reasonable control, including, without limitation, Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.

16. Content Ownership

MynJobs makes no representations about the suitability of the information contained in the documents and related graphics published as part of the Services for any purpose. All such documents and related graphics are provided “as is” without warranty of any kind. In no event shall MynJobs be liable for any special, indirect or consequential damages or any damages whatsoever resulting from the loss of use, data, profits, whether in an action of contract, negligence of other tortuous action arising out of or in connection with the use of information available from the Services. As information is updated regularly, it is impossible for it to be complete at all times. MynJobs may make changes and/or improvements to the Services and/or programs described herein at any time without prior notice. MynJobs shall not be held liable for the conclusive results of your searches or failure to access a targeted website. MynJobs has the right, not the obligation, to monitor the content of the MynJobs.com website to determine compliance with this agreement and any operating rules established by MynJobs and to satisfy any law, regulation or government requirement. MynJobs has the right, at its sole discretion, to edit, refuse to post or remove any material submitted to or posted on the MynJobs.com website. Without limiting the foregoing, MynJobs has the right to remove any material that it considers to be in violation of the provisions herein or otherwise objectionable. The individual who submits content to our service remains the sole owner of the content. However, the individual grants a licence to MynJobs to use the submitted contents for broadcasting and promotional purposes. This licence is granted to MynJobs through the submission of an individual’s material to our services and it is provided perpetually, toll-free, on a non-exclusive basis. This licence namely includes the right to use, reproduce, copy, in whole or in part, the information and display the contents on our sites, unless expressly excluded.  

17. Personal Information

All personal information will be used following the rules from the Privacy Policy of MynJobs. Information is shared with employers that the User applied for. The User can delete their information at all times or delete a company from their directory to no longer allow them to receive their up-to-date information.

18. Filtering

We hereby notify you that parental control protection (such as computer hardware, software or filtering services) are commercially available that may assist you in limiting access to material that is harmful to minors.

19. Use of Site by Minors

The Site is not directed to individuals under the age of fourteen (14), but if you are under the age of 18 or the age of majority in your jurisdiction, you must use MynJobs under the supervision of a parent or legal guardian, or responsible adult.

20. Security

The Users are forbidden to violate, attempt to violate the security of the Platform MynJobs and SysteMynJobs, and includes, but not exclusively : (i) accessing data not meant for the User in question, or by connecting to the server or an account without the authorization of rightful User; (ii) attempting to poll, analyze or test the vulnerability of the system or of the network, or to violate the security measures or authentication without adequate authorization;(iii) attempting to interfere with the service of a User, a host or a network and includes, but not exclusively, through uploading a virus to the Platform MynJobs or SysteMynjobs, through overloading, through flooding, through « bombing» or through « crashing»;(iv) sending unwanted emails including promotions or advertisements of products or services; (v) by counterfeiting the headers of TCP/IP packets or a part of information within the header of an email or an article of a forum or by providing false or deceptive representations of information on the sender, the subject, the localization, or content of all electronic messages; (vii) the collection of emails or all other electronic addresses through automated means without consent.   Violation of security measures can lead to civil or criminal responsibility. MynJobs will investigate occurrences that could lead to these types of violations and can possibly involve and cooperate with the police authority to pursue the Users who are involved in such violations.  

21. Termination of Contract

MynJobs or the User may terminate their registration with MynJobs.com at any time and for any reason. To terminate the registration, the User must notify MynJobs: candidates must click on “Permanently delete my account ,” in his or her virtual office, in the “My account” file ; employers must contact MynJobs by phone or email. Without limiting the foregoing, MynJobs has the right to immediately terminate the User’s account in the event of any conduct by the User which MynJobs, at its sole discretion, considers to be unacceptable, or in the event of any breach by the User of this agreement.