DESCRIPTION OF SERVICES
Jobworks Technology Inc., herein referred to as “Jobworks” is a search engine for individuals looking for job placements. It provides a unique and multi-faceted platform to locate trades and businesses looking for prospective employees. It also serves as a tool for trades and businesses to discover prospective job opportunities and projects (individuals and entities accessing and using the JobWorks platform to be hereafter referred to as “Users”). JobWorks provides a practical, straightforward approach to locating employment opportunities by offering Users a secure and reliable platform to conduct inquiries. The software offers a multitude of features for prospective employees, employers and contractors to take advantage of, including but not limited to:
- job postings;
- search engine to locate Users;
- advertising for Users;
- work calendar syncing;
- map locating;
- User profiles and QR codes;
- User rankings based on profile reviews; and
- job bidding feature for Users.
(Collectively referred to as “Features”, with the content contained in these Features, including but not limited to resumes, advertisements, links, works, materials and other such communications, being referred to as “User Material”).
The Terms and Conditions listed herein are deemed accepted by a User any time said User uses or accesses the JobWorks platform. JobWorks may revise the contents of these Terms and Conditions at any time.
- USE OF JOBWORKS PLATFORM
All Users must use the JobWorks platform in compliance with the laws and regulations of the Province of Alberta and of Canada, as applicable. Users must not post or submit User Material that promotes or endorses false, misleading, or illegal information and/or activities. Users must not post or submit User Material that can be viewed as defamatory, offensive, hateful, discriminatory, indecent, or explicit, as determined by JobWorks’ discretion. Users must not engage in any impersonation of another party. Users must not engage in any sort of harassment or harassment-like behavior. Users who violate the provisions of this Paragraph 1 may have their access and use of the JobWorks platform suspended or terminated, at JobWorks’ discretion.
- ACCOUNTS AND PASSWORDS
Users are responsible for maintaining the confidentiality of their accounts and passwords, as applicable.
- CONFIDENTIALITY:
JobWorks takes the privacy of its Users very seriously. “Confidential Information” includes all oral, written or machine-readable data and information of a confidential or proprietary nature, including but not limited to personal information, technical or financial information, intellectual property, business plans, technology solutions, current and future services and products, marketing, sales and client information, supplier information, research and development, general business operations, financial statements, financial or business forecasts, assets, liabilities, employee information, models, specifications and trade secrets. JobWorks and its Users acknowledge that Confidential Information disclosed, identified and discovered through the use of the JobWorks platform shall be protected from unauthorized use, access and disclosure to 3rd parties, unless prior written consent has been provided by the applicable User(s) or entity. JobWorks and its Users acknowledge to keep all Confidential Information strictly confidential and to not use or disclose any Confidential Information, unless prior written consent has been provided by the applicable User(s) or entity.
- LIMITATIONS OF LIABILITY:
Users acknowledge that JobWorks has no control over User Material provided or distributed through the JobWorks platform. JobWorks is not responsible for and cannot be held liable for any claims, demands, damages (actual, consequential, direct, or indirect) of every kind and nature, known and unknown, disclosed and undisclosed, arising out of or in any way connected with User Material to the fullest extent permitted by law. Further, JobWorks shall not be held liable for any loss of income, revenues, productivity, employment opportunities, business interruption or other consequential damages, however defined, due to issues arising from the outage, interruption, or general issue with its equipment, infrastructure, software, or other related items, to the fullest extent permitted by law.
JobWorks does not represent or guarantee the truthfulness, accuracy, safety, legality, or reliability of any User Material. Users acknowledge through the access and use of the JobWorks platform that any reliance on any User Material is at their own risk. Users assume all risks, including but not limited to the risk of physical harm, when dealing with others Users who they come into contact with through the JobWorks platform.
JobWorks is not involved in and does not have control over the actual transactions between Users. JobWorks is not considered to be an employer of any User who accesses or uses its Features and shall not be responsible for any employment decisions made by any User posting or seeking employment opportunities on the JobWorks platform. JobWorks does not guarantee any specific results from the access and use of its platform. JobWorks is not liable for any work provided or performed by Users, including but not limited to any businesses, trades, contractors, or customers who use the services offered through the JobWorks platform. With respect to JobWorks’ bidding feature, any bids and/or estimates provided through this Feature are subject to change upon an in-person site evaluation. JobWorks shall not be liable for any changes in bids and/or estimates that occur as a result of any site evaluation.
JobWorks does not support or endorse any of the opinions or reviews expressed by Users. JobWorks does not make any representations, warranties, guarantees or undertakings of any nature with respect to the User Material. No advice or information, whether oral or written, obtained by a User from the JobWorks platform or from a representative of JobWorks shall create any warranty not expressly stated herein.
Though JobWorks has the right and ability to remove Users from its platform who violate the JobWorks Terms of Service, JobWorks does not assume any obligation to do so and to the extent permitted by law, disclaims any liability for failing to take such action. JobWorks shall not be liable for any deletion, loss or unauthorized modification of any User Material.
- LIMITATION OF DAMAGES
In the event that a User is entitled to recover damages from JobWorks, JobWorks’ liabilities shall be limited to direct damages only up to an amount equal to the consideration paid to JobWorks by the User for the services offered through its platform. Notwithstanding anything to the contrary in this Paragraph 5, a User’s remedies are not limited if arising from JobWorks’ breach of its obligations with respect to the treatment of Confidential Information under Paragraph 3, but only where such breach is caused by JobWorks’ negligence or wilful misconduct.
- INDEMNITY
Through the use or access of the JobWorks platform, Users agree to defend, indemnify, and hold harmless JobWorks, its affiliates, and their respective officers, directors, employees and agents, from and against any claims, actions or demands, including but not limited to reasonable legal and accounting fees, alleging or resulting from any User Material provided by said User on the JobWorks platform, a User’s use of any content on the JobWork’s platform, or a User’s breach of JobWorks Terms of Service. JobWorks shall provide prompt notice of any such claim or proceeding.
- GOVERNING LAW AND JURISDICATION
JobWorks Terms of Service are governed by the laws of the Province of Alberta and the federal laws of Canada, as applicable, and shall submit to the exclusive jurisdiction of the Courts of Alberta.
- SEVERABILITY
If any provisions listed within JobWorks Terms of Service are determined to be invalid or unenforceable by a Court of Competent Jurisdiction from which no further appeal lies or is taken, that provision shall be deemed to be severed here from and the remaining provisions of this JobWorks Terms of Service shall not be affected and shall remain valid and enforceable.