Terms and Conditions
Last Updated: 26 August 2019
This web site (this “Site”) is provided by the TPO Consulting Group Inc. (“TPO”).
Your use of this Site is conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”). By accessing, using or downloading messages, information, data, text, software, images or other materials from this Site (the “Content”), or by sending messages, information, data, text, software, images or other materials to this Site (“Materials”), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Content from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with TPO.
- Changes to Terms and Conditions
TPO has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Content from it after any such changes are posted will constitute acceptance of those changes.
- Changes to this Site
TPO may terminate, change, suspend or discontinue any aspect of this Site, 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. TPO 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.
- Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking employment and career information (“Candidates”), and by individuals and/or organizations seeking to make available information regarding employment openings, on their behalf or other’s behalf (“Employers”). You agree to use the Site only to send Materials and receive Content that are proper and related to the purpose of the Site.
Subject to these Terms and Conditions, TPO grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content; (ii) sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Content on any other web site; (iii) transfer the Content to any other person without the written consent of TPO; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Materials that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site’s infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, crawl, scrape, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; (x) use or attempt to use another’s account, password, service, system or other information without prior written authorization from TPO; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials and Content. TPO 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.
You agree that any Submission by you will comply with the Terms and Conditions. TPO and its affiliates reserves the right (but shall have no obligation) to pre-screen, review, flag, filter, modify, refuse or remove any or all parts of a Submission should it determine that such Submission is in violation with any provision of the Terms and Conditions.
TPO reserves the right at all times to disclose any Materials provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to transmit or remove any Materials, in whole or in part, that in TPO’s sole discretion is objectionable or in violation of these Terms and Conditions.
- Registration and Password
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify TPO of any unauthorized use of your registration or password.
- Proprietary Rights
Limited License and Copyright. This Site, including all Content, is protected by applicable copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, TPO does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of TPO or its affiliates.
Trademarks. The Service names, company names and logos used on this Site may be trademarks, and may include registered trademarks of TPO and its affiliates. Such Service names, company names and logos of TPO and its affiliates may not be copied, imitated or used, in whole or in part, without the prior written consent of TPO or its affiliates, as applicable. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. TPO’s Services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. TPO reserves all such rights.
Software. Any software, including any files or images generated by such software, code and data accompanying such software (the “Software”), used or accessible through this Site is the copyrighted work of TPO or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
- Links and Third Party Materials
Certain links on this Site may take you to other web sites. TPO provides these links only as a convenience. These linked sites are not necessarily under the control of TPO. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
TPO is not responsible for the contents of any such linked page or any other page not under its control. TPO makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that TPO 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 TPO.
You acknowledge that any use of or reliance on this Site or any Content shall be at your sole risk. TPO makes no representation or warranty of any kind regarding the Site and/or the Content, including with respect to the information provided by third party legal and other consultants, all of which are provided on an “AS IS” basis. TPO EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. TPO DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
This Site acts as a venue, among other things, for Employers to post job opportunities and may extend to permitting Candidates to post resumes.
TPO does not screen or censor the listings offered. As a result, TPO 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, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with other users with whom you come in contact through the Site.
User authentication on the Internet is difficult. Consequently, TPO 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 this Site, in the event that you have a dispute with one or more users, you release TPO (and our agents and employees) from all claims, demands and damages 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.
TPO is under no legal obligation to, and generally does not, control the Materials provided by third parties which is made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. TPO does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of the Site and the Content is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site contains materials, data and information which is provided, posted or offered by third parties. You agree that TPO shall have no liability whatsoever for any such third party material, data or information.
TPO shall not be responsible for any employment decisions, for whatever reason made, by any entity posting jobs on the Site.
- Limitation of Liability
YOU AGREE THAT TPO AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF TPO, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless each of TPO, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or your breach of these Terms and Conditions.
These terms and the other policies constitute the entire agreement between TPO and you, superseding any prior agreements. This agreement is governed by the laws of the Province of British Columbia and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of British Columbia. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don’t enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive.
Last Updated: 26 August 2019
Protection of Personal Information
- Applicable data protection laws governs any collection, use and disclosure of personal information in a manner that recognizes individuals’ right of privacy with respect to their personal information.
- These set out rules and principles for the management of personal information by commercial organizations.
- The type of personal information that is protected includes almost any information about an identifiable individual, such as your name, address, telephone number, age, sex, marital status and nationality. Personal information may not, however, include certain types of business or employment related information.
- Certain fundamental principles and protections apply to the collection, use and disclosure of your personal information. One of the most significant, is that your personal information generally cannot be collected, used or disclosed without your consent. It also allows you to find out why your personal information is being collected, how it is being used, where it’s being stored and to whom it’s disclosed. It requires the use of appropriate safeguards to secure your personal information. It also grants you access to your personal information and provides mechanisms for ensuring compliance.
- TPO does not collect, use or disclose your personal information without your consent except where required or allowed by law.
What Information We Collect
- TPO may request certain information from you if you elect to register as a user of this site (‘Registration Information‘), which may include your full name and email address.
- You can visit this site without telling us who you are and without providing TPO with any information about yourself. However, certain anonymous information (‘Anonymous Information‘) may be collected automatically as you navigate through the site or use our services, including usage details, sites visited prior to visiting our site, IP addresses and information collected through cookies, web beacons and other tracking technologies. Please note that portions of this site will not function if you do not accept cookies.
How We Use Information
- Registration Information may be collected primarily for the purpose of identifying you as a user of this site.
- User Information, which generally includes the Registration Information, is used primarily to update you on the site, and to email you regarding new site developments and information about our services or those of our affiliates, to answer your questions, and to provide you with our services that you have requested.
- User Information may also be used to determine appropriate new features, content or services for this site, to permit TPO or its business partners to contact you in a more specific and focused manner depending on the content of your User Information, or to provide advertisers and business partners with aggregate but not personally identifiable information about our customers and their preferences, including statistical information about the source of visitors, sales, traffic patterns and use of services.
- If you are a registered user of this site and have provided TPO with Registration Information, we may use your Registration Information and User Information to provide tailored job opportunities or other information to you.
- Anonymous Information is used primarily by us and our business partners to measure the number of visits, average time spent, page views, and other statistics about visitors to this site. TPO may also use this data to monitor site performance for systems administration purposes, to make this site and some of our services easier and more convenient to use, for law enforcement purposes, and to share information in aggregate but not personally identifiable form with our advertisers and business partners.
- If cookies are enabled for your internet browser, then they are used to help us measure the number of visits, average time spent, page views, and other statistics relating to your use of this site. If you are performing a search on our site, then a cookie is used to carry the search request data from the request page to the results page.
- When information is collected from you by TPO as a part of an online or email survey, unless you request to receive the results of the survey, no personally identifiable information is requested during such surveys and all collected information is used on an aggregated basis only.
Communication With Us
- If you contact TPO, we may keep a record of the correspondence but we do not make any use of the email address or other contact information, other than to respond to the communication.
Improper Use of Personal Information
Retention of Information
- We maintain record retention practices and policies which apply to personal information that is no longer necessary or relevant for the identified purposes, or that is no longer required or permitted by law to be retained.
- As a part of the TPO record retention practices and policies, you may request deletion of your personal information by contacting us; we will erase all of your personal information upon request, including your Registration Information and account. If personal information is ever to be used to make a decision it will be retained long enough to allow you access to the information after the decision has been made.
Disclosure of Information
- TPO will not sell, trade, rent or license any personal information that you provide to us.
- TPO uses domestic and foreign third party service providers to host and process certain data. Third party service providers are required to comply with privacy laws and principles comparable to ours.
Access, Accuracy and the Updating of Personal Information
- TPO will take reasonable steps to ensure that your personal information, if provided, is as accurate, complete and up-to-date as is appropriate for its purposes and to minimize the possibility that inappropriate information may be used to make a decision about you.
- You may similarly contact us to address errors or omissions relating to your personal information.
- Upon request made in writing, TPO will inform you of the existence, use and disclosure of your personal information, at minimal or no cost to you, in accordance with processes and procedures that we have put in place for such requests. If you are unsure whether we have a record containing your personal information and would like to confirm what personal information we have, please contact us, identifying all email addresses which you may have given to TPO. If there is a cost involved at all, we will inform you at that time.
- TPO will respond to all requests for access within 30 days or as otherwise required or permitted by law.
- In some circumstances, we may not be able to provide access to all of the personal information that we hold about you. TPO may not provide access to information if doing so would likely reveal personal information about a third party, could be expected to threaten the life or security of an individual, reveal confidential commercial information, if the information is protected by a legally recognized privilege, if it was created as part of a settlement or dispute resolution process, or if it was collected in relation to the investigation of a breach of an agreement or a contravention of law. TPO will provide the reasons to you if it refuses an access request.
- An individual shall be able to challenge the accuracy and completeness of their information and have it amended as appropriate.
- Where TPO considers it appropriate, having due regard to the sensitivity of the particular information that we collect, use or disclose, TPO uses encryption or authentication tools, among other methods, practices and procedures, to protect your personal information irrespective of which format it is stored in. Our practices and procedures for safeguarding your information are regularly reviewed.
- It is important that you keep your user ID and password information secure and that you not share it with anyone, in order to safeguard your personal information on the Site.
Site of Affiliates and Partners
- TPO has reputable affiliates and partners that may offer our customers a variety of services. Many of these services also require registration to make them function properly. You can recognize most of these sites if you see both organizations’ names on the webpage. Although we only work with reputable third parties, our third party business partners may have different privacy policies and practices than TPO. We encourage you to review our business partners’ privacy policies further to understand their procedures for collecting, using and disclosing personal information.
- The BCjobHub.ca Site may contain links to other sites, including those of our business partners, vendors and advertisers. While we try to link only to sites that share our high standards and respect for privacy, please understand that we are not responsible for the content of, or the privacy practices employed by, other sites.