Terms and Conditions

Welcome to Opportunitree!

Thank you for visiting Opportunitree. Opportunitree Employment Service Incorporated and/or its affiliates (referred to as “Opportunitree”, “we”, “us”, “our”) provide website features and services when you visit opportunitree.ca and/or other subdomains of opportunitree.ca (such as beta.opportunitree.ca), use the search features, post content, create an account, or in any other way use software provided by Opportunitree in connection with any of the foregoing (collectively, the “Site”). This document (the “Agreement”) forms the contract between you and Opportunitree concerning the conditions associated with your use of the Site.

By using or accessing the Site, you are agreeing to all the terms and conditions stated in this Agreement. Please read them carefully. If, at any time, you are no longer able or willing to agree to these terms and conditions, you must immediately cease using and accessing the Site.

Using our Site

The Site may be used only for lawful purposes by individuals seeking employment and career information ("Job Seekers"), and by employers or recruitment companies seeking employees ("Employers"). You agree to use the Site only to send Materials and receive Content that is proper and related to the purpose of the Site.

For greater clarification, “Content” refers to all information, content, reports, data, databases, graphics, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Site, including the manner in which the Content is presented or appears. “Materials” collectively refers to any messages, information, data, text, software, images or other materials sent by you to the Site.

Subject to this Agreement, Opportunitree 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 Opportunitree; (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, 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 Opportunitree; (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.

Your Content in our Site

By submitting Content to any area of the Site, you grant Opportunitree the non-exclusive right and license to use, reproduce, modify, publish, translate, distribute, communicate or display the Content without any royalties or payment granted to you, and you completely and effectively waive all such or similar rights.

You may only post certain Materials to the Site for the lawful, stated purposes of this Site. You agree, that in posting Materials, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume; (ii) post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents; (iii) delete or revise any material posted by any other person or entity; (iv) post or transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortuous or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation an Opportunitree employee or agent, an authorized user of Opportunitree' Services, a Job Seeker or an Employer, or otherwise misrepresenting your affiliation with any person or entity; (vi) post opinions, notices or advertisements, commercial or otherwise or solicit business from Employers who post on the Site, including any solicitation by any competitors of Employers who post on the Site.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, posting or other Materials placed by you, as applicable on the Site.

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. Opportunitree 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.

Opportunitree 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 post or remove any Materials, in whole or in part, that in Opportunitree's sole discretion is objectionable or in violation of this Agreement.

Your Opportunitree Account

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

Privacy

To understand our practices when handling your information, please consult our Privacy Policy.

Electronic Communications

When you use the Site, or send emails, messages and other communications from your digital device to us, you are communicating with us electronically. We will communicate with you in various ways, such as by email or notifications on your account dashboard. You agree that all agreements, notices, disclosures, and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. You also understand that unsubscribing from emails sent by the Site will not prevent the transmission of emails essential to the operation of your account.

Copyright Protection and Trademarks

This Site, including all Content, is protected by Canadian and worldwide 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, Opportunitree 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 Opportunitree.

The names, company names and logos used on this Site may be trademarks, including registered trademarks of Opportunitree. Such names, company names and logos of Opportunitree may not be copied, imitated or used, in whole or in part, without the prior written consent of Opportunitree. Other services and company names mentioned on this Site may be the trademarks of their respective owners.

Opportunitree'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. Opportunitree reserves all such rights.

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 Opportunitree 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. 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.

Third Party Links and Materials

Certain links on this Site may take you to other web sites. Opportunitree provides these links only as a convenience. These linked sites are not necessarily under the control of Opportunitree. If you use these links, 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.

Opportunitree is not responsible for the contents of any such linked page or any other page not under its control. Opportunitree 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 therein. Links do not imply that Opportunitree 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 Opportunitree.

Warranties and Disclaimers

You acknowledge that any use of or reliance on this Site or any Content shall be at your sole risk. Opportunitree 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. OPPORTUNITREE 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. OPPORTUNITREE 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 search through resumes, and for Job Seekers to post resumes and search through job listings.

Opportunitree does not screen or censor the Content offered. As a result, Opportunitree 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 Job Seekers or the ability of Job Seekers to fill job openings.

Opportunitree shall not be responsible for any employment decisions, for whatever reason made, by any entity posting jobs on the Site. 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 in dealing with other users with whom you come in contact in the Site.

Opportunitree cannot and does not confirm that each user is who they claim to be, and we do not endorse any opinions expressed by our users. We cannot and are not involved in user-to-user dealings, nor control the behaviour of participants on this Site. In the event that you have a dispute with one or more users, you release Opportunitree (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.

Opportunitree is under no legal obligation to, and generally does not, control the Materials provided by other users 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. Opportunitree 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 or the Site. 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.

The Site may contain materials, data and information which is provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that Opportunitree shall have no liability whatsoever for any such third party material, data or information.

Limitation of Liability

IN NO EVENT WILL OPPORTUNITREE, OR ITS AFFILIATES, DIRECTORS, OFFICERS, OR EMPLOYEES BE LIABLE FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY, AGGRAVATED, ECONOMIC OR CONSEQUENTIAL DAMAGES HOWSOEVER CAUSED, INCLUDING BUT NOT LIMITED TO DAMAGES FOR LOSS OF USE, LOST PROFITS, OR LOST SAVINGS, EVEN IF OPPORTUNITREE OR ANY OF ITS LAWFUL AGENTS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

IN NO EVENT WILL OPPORTUNITREE, ITS AFFILIATES, AGENTS, LICENSORS, SUPPLIERS, OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR DAMAGES OR LOSSES RESULTING FROM: VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS; TELECOMMUNICATIONS SERVICE PROVIDERS; LINKS TO THIRD-PARTY WEB SITES; THE INTERNET BACKBONE; PERSONAL INJURY; THIRD-PARTY CONTENT, PRODUCTS OR SERVICES; DAMAGES OR LOSSES CAUSED BY THE USER, OR THE USER’S RESPECTIVE EMPLOYEES, AGENTS OR SUBCONTRACTORS; LOSS OF USE OR LACK OF AVAILABILITY OF FACILITIES INCLUDING COMPUTER RESOURCES, ROUTERS AND STORED DATA; THE USE OR INABILITY TO USE THE SITES OR THE CONTENT; ANY OTHER WEB SITE ACCESSED TO OR FROM THE SITES; OR EVENTS BEYOND THE REASONABLE CONTROL OF OPPORTUNITREE, EVEN IF OPPORTUNITREE OR ANY OF ITS LAWFUL AGENTS, OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM.

The limitations of liability and disclaimers in this Agreement 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.

Indemnity

You agree to defend, indemnify and hold harmless each of Opportunitree, 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 this Agreement.

Termination

Upon breach of this Agreement, Opportunitree reserves the right, at its sole discretion, to delete your postings and communication from the Site, terminate your account, and prohibit your ability to access the Site.

Automated checks are performed to ensure that your activity on our Site is in accordance with this Agreement, and your account may be automatically disabled should violations be detected.

If you do not comply with these terms, and we do not take action right away, this does not signify that we have given up any rights that we may have, including the option to take action in the future.

Governing Law

This Agreement will be governed by the laws of the Province of British Columbia and the federal laws of Canada and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the non-exclusive jurisdiction of the courts of British Columbia.

About these Terms

We may modify all or any part of this Agreement at any time by updating this page. Please check this Agreement frequently for updates by checking the date of “Last Updated” at the bottom of this page.

This Agreement controls the relationship between Opportunitree and you, but does not create any third party beneficiary rights. Should it occur that a particular term included in this Agreement is not enforceable, this will not affect any of the other terms listed.

For information about how to contact Opportunitree, please visit our contact page.

Last Updated 28/08/2016