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Terms and Conditions

Career Development portal at Durham College

Last updated December 2, 2020 

Terms and Conditions of Use. This page states the "Terms and Conditions" under which you may use the job posting service from Career Development at Durham College, (the "Website"). Please read this page carefully. If you do not accept the Terms and Conditions stated here, do not use this Website and service. By using this Website, you are indicating your acceptance to be bound by the terms of these Terms and Conditions. Durham College (the "College") may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms "You" and "User" as used herein refer to all individuals and/or entities accessing this Website for any reason.

Changes to this Site.

The College may terminate, change, suspend or discontinue any aspect of this Website, including (i) changing the availability of any features at any time without notice or liability; (ii) changing any fees or charges for use of the site, including instituting new or increased fees or charges for the use of the site or any other site-related services (the "services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any content on or from this site; or (iv) imposing limits on certain features and services or restricting your access to parts or all of this site without notice or liability for any reason whatsoever. The College reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this site at any time without notice.

Use of Material.

The College authorizes you to view and download a single copy of the material on the Website solely for your personal, non-commercial use. The contents of this Website, such as text, graphics, images, logos, button icons, software and other "Material", are protected under both Canadian and foreign copyright, trademark and other laws. All Material is the property of the College or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Website is the exclusive property of the College and protected by Canadian and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other website or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that the College or its suppliers create to generate its pages. It is also protected by the College's copyright.

Acceptable Site Use.

General Rules: Users may not use the Website in order to transmit, distribute, store or destroy material (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.

 

Refusal of Service.

Career Development at Durham College reserves the right to remove or refuse any employer conducting recruitment activities on campus or on our Hired portal where:

  • Non-compliance with these terms and conditions has occurred;
  • Incorrect or misleading information has been provided;
  • There are founded complaints from students or college personnel regarding unethical or discriminatory recruitment or employment practices. To learn more about the Ontario Human Rights Code and its protected grounds, please visit http://www.ohrc.on.ca;
  • The employment opportunity is considered by Career Development to not represent a viable work opportunity for students; and
  • The behaviour or conduct of an employer in their involvement with the college represents unethical recruitment conduct and/or is deemed contrary to Durham College's values, policies and practices.

Job Posting Policies.

Career Development at Durham College will not accept job postings that:

  • Are in violation of provincial or federal laws. To learn more about the Employment Standards Act in the province of Ontario, please visit http://www.labour.gov.on.ca or the Canada Labour Code, please visit https://laws-lois.justice.gc.ca/eng/acts/L-2/index.html;
  • Pay commission only or offer no base salary (no significant salary);
  • Involve invoicing for work completed;
  • Involve alternative forms of compensation such as but not limited to: credit in lieu of pay, coverage of travel expenses, and provision of honouraria (cash bonus);
  • Involve unpaid or reduced pay for training with the exception of registered charities;
  • Require the purchase of a service or product, a monetary deposit / fee or similar, as a condition of employment;
  • Involve employment contracts or franchise contracts which charge a fee such as but not limited to certification fees, licensing fees, equipment purchase, or initial investment in a company;
  • Are "club membership", distributorship or sales representative agency arrangements or other business opportunities which require up-front or periodic payments;
  • Require recruitment of other members, sub-distributors or sub-agents;
  • Require work that is multi-level marketing (MLM) in nature, or work for organizations that are pyramid-type or MLM in structure or forward pyramid schemes or similar programs;
  • Contain any incomplete, false or inaccurate biographical information or information which is not your own;
  • Are for the recruitment of replacement workers during a labour dispute; or
  • Are from organizations where there are currently no available openings.

Unpaid Positions and Volunteer Postings

Volunteer opportunities will be accepted for posting if the organization is a designated non-profit organization (NPO) or a registered charity within Canada. NPO's are defined as clubs, societies, or associations that are organized and operated solely for social welfare; civic improvement; pleasure or recreation and / or any other purpose except profit.

Please note that formal volunteering is an activity which is:

  • of benefit to the community and the volunteer;
  • always a matter of choice;
  • a way for individuals or groups to address human, environmental and social needs;
  • not a substitute for paid work; and
  • not a replacement for paid workers nor constitutes a threat to the job security of paid workers.

Job postings which are identified as unpaid and / or volunteer and which do not meet the criteria listed above will be declined for posting.

Independent Contractor opportunities

Website Security Rules.

Users are prohibited from violating or attempting to violate the security of the Website, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Web Site, overloading, "flooding", "spamming", "mailbombing" or "crashing", (d) sending unsolicited e-mail, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The College will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

The College may disclose information if it believes that it is necessary to do so to comply with any legal requirements, protect the rights of the College or protect the safety of users of this site or the general public. Additional information with respect to the College's privacy practices can be found on the homepage of this site.

Specific Prohibited Uses.

The Website may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The College specifically prohibits any use of the web site, and all users agree not to use the Website, for any of the following:

  • Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate resume (individual seeking employment on a full-time or part-time basis on his or her own behalf);
  • Deleting or revising any material posted by any other person or entity;
  • Using any device, software or routine to interfere or attempt to interfere with the proper working of this Website or any activity being conducted on this site;
  • Taking any action which imposes an unreasonable or disproportionately large load on this Website's infrastructure;
  • Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search this Website other than the search engine and search agents available from the College on this Website and other than generally available third party web browsers (e.g., Internet Explorer, Mozilla Firefox, Chrome, Safari, Opera);
  • Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the Website;
  • Aggregating, copying or duplicating in any manner any of the materials or information available from the Website; and
  • Framing of or linking to any of the materials or information available from the Website.

If you have a password allowing access to a non-public area of this Website, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.

User Information.

When you register for the Website, you will be asked to provide the College with certain information including, without limitation, a valid email address (your "information"). In addition to the terms and conditions that may be set forth in the college's Privacy Policy located on the homepage of this Website, you understand and agree that the College may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The College will not disclose to any third party your name, address, e-mail address or telephone number without your prior consent, except as permitted or required by law. The College reserves the right to offer third party services and products to you based on the preferences that you identify in your registration and at any time thereafter; such offers may be made by the College or by third parties. Please see the college Privacy Policy for further details regarding your Information.

User Submissions.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Website you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post or link to material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

The College does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

The College acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the College may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. The College has no liability or responsibility to users for performance or non-performance of such activities. The College reserves the right to expel users and prevent their further access to the Website for violating the Terms and Conditions or the law and has the right to remove communications which are abusive, illegal, or disruptive. The College may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the College or may cause the College to lose (in whole or in part) the services of its ISPs or other suppliers.

By submitting content to any public or non-public area of the Website, you grant the College and its affiliates the loyalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Website retains any and all rights that may exist in such content.

Registration and Password.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the College of any unauthorized use of your registration or password.

The College's Liability.

The Hired portal is only a venue. This Website acts as a venue for employers to post job opportunities and does not screen or censor the listings offered. The College is not involved in the actual transaction between employers and candidates. As a result, the College has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to candidates or the ability of candidates to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Website.

Because user authentication on the Internet is difficult, the College cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Hired portal, in the event that you have a dispute with one or more users, you release the College (and our related corporations, together with our former, current and future officers, directors, governors, students, employees, agents and suppliers) from claims, demands and damages (contractual and extra-contractual, actual and consequential, direct and indirect, punitive) 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.

We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Website. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. We expect that you will use caution and common sense when using this Website.

The Material may contain inaccuracies or typographical errors. The College makes no representations about the accuracy, reliability, completeness, or timeliness of the Website or the Material. The use of the Website and the Material is at your own risk. Changes are periodically made to the Website and may be made at any time.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume or material contained therein placed by you on the Website. Employers are solely responsible for their postings on the Website.

Disclaimer of Consequential Damages.

The College is not an employer or agent of an employer or candidate for employment with respect to any individual or entity using this Website. The College is not responsible for any employment decisions made by any individual or entity posting jobs on the Website.

The College does not warrant that the Website will operate error-free or that the Website and its server are free of computer viruses or other harmful mechanisms. If your use of the Website or the material results in the need for servicing or replacing equipment or data, the College is not responsible for those costs.

The Website and material are provided on an "as is" basis without any warranties of any kind. The College, to the fullest extent permitted by law, disclaims all warranties, whether express or implied, including the warranty of merchantability, quality, fitness for particular purpose and non-infringement. The College makes no warranties about the accuracy, reliability, completeness, or timeliness of the material, services, software, text, graphics, and links.

In no event shall the College, its related corporations, together with its former, current and future officers, directors, governors, students, employees, agents, and suppliers, or any third parties mentioned on the Website be liable for any damages whatsoever, whether for bodily, moral or material injury (including, without limitation, indirect, punitive, incidental and consequential damages, lost profits, or damages resulting from lost data or business interruption) resulting from the use or inability to use the Website and the material, whether based on warranty, contractual or extra-contractual liability, or any other legal theory, and whether or not the College is advised of the possibility of such damages.

Links to Other Sites.

The Website contains links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by the College of the contents on such third-party websites. The College is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party websites. If you decide to access linked third-party websites, you do so at your own risk.

Links do not imply that the College sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of the College.

Agreement to Privacy Policy.

You agree to abide by the college Privacy Policy, a copy of which is accessible from the home page of this Site.

No Resale or Unauthorized Commercial Use.

You agree not to resell or assign your rights or obligations under these Terms and Conditions. You also agree not to make any unauthorized commercial use of the Website.

Limitation of Liability.

The aggregate liability for the College to you for all claims arising from the use of the Materials is limited to $100.

Termination.

The College reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your postings from this Website and immediate termination of your registration with or ability to access the Website and/or any other service provided to you by the College, upon any breach by you of these Terms and Conditions or if the College is unable to verify or authenticate any information you submit to the Website registration with or ability to access the Website.

Indemnity.

You agree to defend, indemnify, and hold harmless the College, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees (judicial and extra-judicial), alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The College shall provide notice to you promptly of any such claim, suit, or proceeding.

General.

The College makes no claims that the Materials may be lawfully viewed or downloaded outside of Canada. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Website from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These terms and conditions are governed by the internal substantive laws of the Province of Ontario, Canada, without respect to its conflict of laws principles. Jurisdiction for any claims arising under this agreement shall lie exclusively with the courts having jurisdiction within the judicial district of Oshawa, Province of Ontario. If any provision of these Terms and Conditions are found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided in additional terms of use for areas of the Website a particular "Legal Notice," or Software License or material on particular webpages, these Terms and Conditions constitute the entire agreement between you and the College with respect to the use of Website. No changes to these Terms and Conditions shall be made except by a revised posting on this page.

Additional Terms of Use.

Certain areas of this Website are subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

2010 - 2020.