Terms
Terms
of Use
Welcome. By using the AgencyOffers (AO) website or other services you agree to be
bound by the following terms and conditions (the "Terms of Use" or
"Terms"). Questions or concerns regarding information
below should be directed to AgencyOffers. Please contact us
with any questions or comments.
» Definitions
"Organization(s)" refers to Employers, Employment Agencies, Placement
Consultants and Recruiting
Organizations; "AO" refers to AgencyOffers or "AO Works"; "Employers" refers to organizations using AO for the purpose of
securing candidates for Job Openings; "Agency/Recruiter" refers to organizations
and Placement Consultants using AO for the purpose of supplying candidates to Employers; "Representative" refers to a representative of the Employer or
Agency/Recruiter or Placement Consultant; "Suppliers" refers to Employment Agencies or Recruiters
or Placement Consultants who provide candidate
résumés to Employers; "Membership" refers to membership in AO.
» Registration and Verification
Organizations applying for membership agree to allow AO to verify the prospective
organizations' status. For Agencies & Recruiters this includes evidence of
active business activity in the recruitment and placement industry on a full-time
basis.
Verification may include, in order: telephone calls, location or branch information,
marketing material, business registration documentation and/or supplier references.
» Use of Posting Site:
Employer Member Guidelines:
Employers agree to only post verified job openings.
Agency/Recruiter Guidelines:
Suppliers agree to forward résumés of candidates who are known to the Suppliers, whom they have met or have a reasonable knowledge of character (i.e. through a referral) and/or
have tested for the Job Openings required skills and that meet the qualifications listed in the Job
Opening listed on the Job Posting Site.
The Supplier agrees to abide by the STATUS indicator for each position as listed on the Job
Posting site; where "OPEN" is indicated, Suppliers may forward résumés; where "ON HOLD" or "CLOSED" is indicated, Suppliers will not forward any candidate
résumés to Employers . The Supplier also agrees to abide by the
"Résumés per member" field, indicating how many candidate
résumés any one Supplier may submit to an Employer.
Suppliers will not exceed the number indicated as per the Job
posting.
Agencies & Recruiters agree to follow the following principles:
Confidentiality: any communication with Employers will be held in confidence; No
Solicitation: Agencies & Recruiters, upon knowing the identity of the
Employer, will not solicit future business or communicate with the Employer
unless prior approval has been received; Pre-screening: Candidates submitted to
Employers have been pre-screened and the Agency/Recruiter can attest to the
candidate's ability to meet or exceed position requirements.
» Use of
Email
Members who utilize email accounts provided by AO under domain "myaomail.com"
agree to use email
accounts only for communication with other AO Members regarding placement
opportunities sourced through AgencyOffers. AO reserves the right to
check email accounts and/or terminate the email address if the email account is
used for any purpose other than for the purpose of placement of candidates.
» Option to
Terminate
Where AO has been apprised an Agency/Recruiter member is exceeding the number of
allowable candidate résumés as indicated in the "Résumés
per member" field or where candidate résumés are submitted
to Employers while the status indicates "ON HOLD" or "CLOSED", AO reserves the right to investigate the incident and, should the matter not be resolved between the Supplier and AO,
Membership in AgencyOffers may be terminated. AO will not grant
refunds or returns of monies paid for termination of membership that arises from
misuse of the AO site or contravening the AO Guidelines or Terms.
» Disclaimer - Limitation of
Liability
In no event shall AgencyOffers, associated company(ies), Shareholders, Managers or Directors be liable for any
transaction arising between Employer Members and Agency/Recruiter Members, and further shall not be responsible for any
results or consequences whether incidental, indirect or direct, arising from candidates sourced through the AO
website. Employers and Agency & Recruiter Members save harmless AO
regarding any and all actions resulting from their use of the AgencyOffers site
and subsequent consequences thereof.
» General
The site displays information as supplied by people and organizations over
whom AO exercises no control. The results that appear on AO’s Job Posting Site
are sourced from third parties and AO cannot and does not screen the information
for accuracy, completeness or validity.
» Limited
Use Only
You may not use the results from AO’s listings for any purpose,
including reformatting or displaying the information, or mirroring the AO Job
Posting page or results pages on another website or use the member information
for any commercial gain other than the intended purpose of the site.
» Changes
In Terms and Conditions and AO Site
We may modify or terminate our services from time to time, for any reason,
and without notice, including the right to terminate, with or without notice,
without liability to you, any other user or any third party. We reserve the
right to modify these Terms of Use from time to time without notice. Please
review these Terms of Use frequently so that you will be apprised of
any changes.
» Disclaimer of
Warranties
AO disclaims any and all responsibility or liability for the accuracy, content,
completeness, legality, reliability, or operability or availability of
information or material displayed or sent by email or listed on the AO Job Posting Site. AO disclaims any
responsibility for the deletion, failure to store, misdelivery, or untimely
delivery of any information or material. AO disclaims any responsibility for any
harm resulting from downloading or accessing any information or material
provided from Members of through the AO website.
THE AO
SERVICES, AND ALL MATERIALS, INFORMATION, PRODUCTS AND SERVICES INCLUDED IN THE
AO SERVICES ARE PROVIDED "AS IS," WITH NO WARRANTIES WHATSOEVER. AO
EXPRESSLY DISCLAIMS TO THE FULLEST EXTENT PERMITTED BY LAW ALL EXPRESS, IMPLIED,
AND STATUTORY WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF
PROPRIETARY RIGHTS. AO DISCLAIMS ANY WARRANTIES REGARDING THE SECURITY,
RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE AO SERVICES. AO DISCLAIMS ANY
WARRANTIES FOR ANY INFORMATION OR ADVICE OBTAINED THROUGH THE AO SITE. AO
DISCLAIMS ANY WARRANTIES FOR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE AO
SITE OR RECEIVED THROUGH ANY LINKS PROVIDED BY THE AO SITE, AS WELL AS FOR ANY
INFORMATION OR ADVICE RECEIVED THROUGH THE AO SITE.
YOU UNDERSTAND AND AGREE THAT YOU DOWNLOAD OR OTHERWISE OBTAIN MATERIAL OR DATA THROUGH THE USE OF THE AO 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 THE DOWNLOAD OF SUCH MATERIAL OR DATA.
» Limitation
of Liability
UNDER NO CIRCUMSTANCES SHALL AO OR ANY RELATED PARTY OR PERSON BE LIABLE
TO ANY USER ON ACCOUNT OF THAT USER'S USE OR MISUSE OF OR RELIANCE ON THE AO
SITE ARISING FROM ANY CLAIM RELATING TO THIS AGREEMENT OR THE SUBJECT MATTER
HEREOF SUCH LIMITATION OF LIABILITY SHALL APPLY TO PREVENT RECOVERY OF DIRECT,
INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, AND PUNITIVE DAMAGES
WHETHER SUCH CLAIM IS BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE. SUCH LIMITATION OF LIABILITY SHALL APPLY WHETHER THE DAMAGES ARISE
FROM USE OR MISUSE OF AND RELIANCE ON THE AO SITE, FROM INABILITY TO USE THE AO
SITE, OR FROM THE INTERRUPTION, SUSPENSION, OR TERMINATION OF THE AO SITE
(INCLUDING SUCH DAMAGES INCURRED BY THIRD PARTIES). THIS LIMITATION SHALL ALSO
APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES RECEIVED THROUGH OR ADVERTISED ON THE AO SITE OR RECEIVED THROUGH ANY LINKS
PROVIDED IN THE AO SITE, THIS LIMITATION SHALL ALSO APPLY, WITHOUT LIMITATION,
TO THE COSTS OF PROCUREMENT OF SUBSTITUTE SERVICES, LOST PROFITS OR LOST DATA.
SUCH LIMITATION SHALL FURTHER APPLY WITH RESPECT TO THE PERFORMANCE OR
NON-PERFORMANCE OF THE AO SITE OR ANY INFORMATION OR GOODS THAT APPEARS ON, OR
IS LINKED OR RELATED IN ANY WAY TO, THE AO SITE. SUCH LIMITATION SHALL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY AND TO
THE FULLEST EXTENT PERMITTED BY LAW.
SOME PROVINCES OR OTHER JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE ABOVE LIMITATIONS AND EXCLUSIONS MAY NOT APPLY TO YOU.
Without limiting the foregoing, under no circumstances shall AO be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond its 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.
These Terms of Service will be governed by and construed in accordance with the laws of the Province of Ontario, without giving effect to its conflict of laws provisions or your actual province or country of residence. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms of Service to be unenforceable, the remainder of the Terms of Service will continue in full force and effect.
These
Terms of Service constitute the entire agreement between the parties with
respect to the subject matter hereof and supersedes and replaces all prior or
contemporaneous understandings or agreements, written or oral, regarding such
subject matter. Any waiver of any provision of the Terms of Service will be
effective only if in writing and signed by AgencyOffers.
Please contact
us for more information or questions.