Terms of Service & Privacy Policy

Last Updated: September 30, 2024
 

​1/ Terms of Service

Welcome to Jobs-Scout.com (the “Site”), a website and related application owned and operated by 14841948 Canada Inc. an Ontario corporation (“Jobs-Scout”). Jobs-Scout offers B2B solutions, including the Site and other software and services provided by Jobs-Scout, to allow companies to efficiently evaluate job candidates for positions offered by one or more businesses (the “Services”).

By using the Site or the Services in any way, you are agreeing to comply with and to be bound by these Terms of Use, and all rules, policies and disclaimers posted on the Site or about which you are notified (collectively, “Terms”). Please review these Terms carefully before continuing further with the Site or using the Services. By using the Site and the Services, you agree to be bound by these Terms. If you do not agree with all of the Terms, do not use the Site or the Services. The terms “you,” “your,” and “yours” refer to you, the user of the Site or Services. The terms “Jobs-Scout,” “we,” “us,” and “our” refer to Jobs-Scout. The term “Party” or “Parties” collectively refers to you and Jobs-Scout as parties to these Terms.

2/ Changes to the Terms

We may periodically make changes to these Terms, in our sole and absolute discretion. When we update the Terms, we will revise the “Last updated” date above and post the new Terms.  If we make a material change to the Terms, we will provide you with appropriate notice in accordance with legal requirements. You agree that your continued use of the Site or Services after the effective date of any changes will constitute your acceptance of the changed Terms for your continued use.

3/ Access to the Site; Account Registration

You must be at least 18 years old to use the Site or Services.  You warrant and represent that you have all necessary rights, power, and authority to agree to these Terms and perform your obligations hereunder, and nothing contained in these Terms or in the performance of such obligations will place you in breach of any other contract or obligation.

If you agree to the Terms on behalf of an entity or agency, or in connection with providing or receiving services on behalf of an entity or agency, you represent and warrant that you have the authority to bind that entity or agency to the Terms and agree that you are binding both you and that entity or agency to the Terms. In that event, “you” and “your” will refer and apply to you and that entity or agency. Certain features of the Site or Services may only be accessed upon execution of a form provided by Jobs-Scout online or offline which describes terms associated with an order for the Services as agreed upon by the you and Jobs-Scout (“Order Forms”). Order Forms may describe the fees, payment schedule, and duration of your access to the Services, as well as other terms that may be agreed upon by you and Jobs-Scout. All Order Forms are subject to these Terms. To the extent that any term in an Order Form conflicts with these Terms, the Order Form shall govern.

Parts of the Site or Services may require you to hold an account. When registering for an account, you must provide us with current, complete, and accurate information as prompted by the applicable registration form. You also will choose a password and a username. You are entirely responsible for maintaining the confidentiality of your password and account. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to notify Jobs-Scout immediately of any unauthorized use of your account or any other breach of security. Jobs-Scout will not be liable for any loss that you may incur as a result of someone else using your password or account, either with or without your knowledge. However, you could be held liable for losses incurred by Jobs-Scout or another party due to someone else using your account or password. You may not use anyone else’s account at any time, impersonate someone else, create or use an account for anyone other than yourself, provide an email address other than your own, create multiple accounts except as otherwise authorized by us, or provide or use false information.

4/ Payment of Fees

Some of the Services require payment of fees, including through subscriptions or on an ad hoc basis (“Service Fees”). In consideration for the continued use and access of the Services requiring Service Fees, you agree to timely pay such Service Fees pursuant to the terms of the applicable Order Form.  By providing a credit card or other payment method, you represent and warrant that you are authorized to use the designated payment method and that you authorize us (or our third-party payment processor) to charge your payment method for the total amount of your subscription or other purchase (including any applicable taxes and other charges).

Jobs-Scout reserves the right to modify any Service Fees for any or all of the Services, effective upon the next renewal term, or as otherwise stated in the Order Form for such Services.  If you purchase a subscription, Jobs-Scout will communicate any changes to the Service Fees in advance, and, if applicable, how to accept those changes.  As permitted by local law, you accept the new price by continuing to use the Services after the price change takes effect.  If you do not agree with the price changes, you have the right to reject the change by cancelling your subscription prior to the price change going into effect. Please make sure you read any such notification of price changes carefully.

5/ Subscriptions

When you purchase a subscription to the Services, you expressly acknowledge and agree that (a) Jobs-Scout (or our third-party payment processor) is authorized to charge you the Service Fees on the schedule specified in any applicable Order Form, and (b) your subscription will continue for the duration specified in the Order Form, unless earlier terminated as described in these Terms.

You may cancel your subscription at any time by contacting us at support@Jobs-Scout.com, however, pre-paid subscription fees will not be refundable unless agreed upon in an Order Form.

6/ Termination of Access

We reserve the right in our sole and absolute discretion to restrict or terminate your or any other party’s access to the Site or Services for any lawful reason, at any time, with or without notice. In the event of such termination, none of our rights or your obligations provided hereunder shall be waived, nor shall such termination waive our right to relief of any kind to which we may be entitled at law or in equity.

7/ Changes to the Site or Services

We reserve the right to modify or discontinue, temporarily or permanently, all or a part of the Site or Services without notice, provided that if you pay for the Services, such modifications will not materially reduce the performance or capabilities of the Services. We will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Site or Services.

8/ Communications with You

You agree that Jobs-Scout may send electronic mail to you for the purpose of advising you of changes or additions to this Site, or communicating with you about the Jobs-Scout Service, or for such other purpose(s) as Jobs-Scout deems appropriate, including marketing purposes. You have the option to opt-out of marketing communications.

Jobs-Scout may communicate with you using email, autodialed calls and text messages, at any telephone number that you provide us, to: (a) notify you regarding your account; (b) troubleshoot problems with your account; (c) poll your opinions through surveys or questionnaires; or (d) as otherwise necessary to service your account.

9/ Licenses

In consideration of your agreement to these Terms and your payment of all applicable Service Fees as agreed upon in an Order Form, Jobs-Scout grants you a limited, non-exclusive, non-sublicensable, non-transferable, license to access and make use of the Site, Services, and Site Content solely for your internal business purposes and solely during the term agreed upon. In addition, you may permit such number of authorized users as has been agreed between you and Jobs-Scout in an Order Form to access and make use of the Site and Services.

You may access and use the Site and Services only in accordance with any user guides and other documentation as made available by Jobs-Scout from time to time (“Documentation”). For clarity, all Documentation is considered Site Content as defined herein.

10/ Restrictions

You are solely responsible for all code, video, images, information, data, text, software, music, sound, photographs, graphics, messages, and other materials or content that you make available to Jobs-Scout or otherwise input into the Site or Services (“User Content”).

You must comply with these Terms and all applicable laws when using the Site and Services, and only use the Site and Services through the interface provided by Jobs-Scout. Except as may be expressly permitted by applicable law or expressly permitted by us in writing, you will not, and will not permit anyone else to: (a) store, copy, modify, distribute, or resell any information or material available on the Site or Services other than your User Content (“Site Content”) or compile or collect any Site Content as part of a database or other work; (b) use any automated tool (e.g., robots, spiders) to use the Site or Services or store, copy, modify, distribute, or resell any Site Content; (c) rent, lease, or sublicense your access to the Site or Services; (d) use the Site, Services, or Site Content for any purpose except for your own internal business purposes; (e) circumvent, disable, or interfere with any digital rights management, usage rules, or other security features of the Site or Services; (f) reproduce, modify, translate, enhance, decompile, disassemble, reverse engineer, or create derivative works of the Site, Services, or Site Content or otherwise infringe upon or violate Jobs-Scout’s Intellectual Property Rights or the Intellectual Property Rights of others; (g) use the Site or Services in a manner that threatens the integrity, performance, or availability of the Site or Services; (h) use the Site or Services to develop products or services that are directly or indirectly competitive with the Services; (i) remove, alter, or obscure any proprietary notices (including copyright notices) on any portion of the Site, Services, or Site Content; (j) use the Site or Services to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (k) submit false or misleading information through the Site or Services; (l) submit objectionable content through the Site or Services, including profanity, obscenity, lasciviousness, violence; or (m) use the Site or Services for any obscene or immoral purpose.

We reserve the right to terminate your use of the Site, the Services, or any related website or service for violating any of the prohibited uses or these Terms.

11/ Ownership

We, our affiliates, our licensors, or applicable third parties, retain all right, title, and interest in and to the Site, Services, and Site Content and any Intellectual Property Rights in any of the foregoing. You are not permitted to use any trademarks, logos, or service marks displayed on the Site, the Services, or in Site Content (“Marks”) without the prior written consent of Jobs-Scout or such third party which may own the Mark. As used herein, Marks shall be considered Site Content. As used in these Terms, “Intellectual Property Rights” means all rights, priorities and privileges relating to intellectual property, whether arising under Canadian, multinational or foreign laws or otherwise, including without limitation copyrights, copyright licenses, patents, patent licenses, trademarks, trademark licenses, technology, know-how and processes, and all rights at law or in equity for any infringement or other impairment thereof, including the right to receive all proceeds and damages therefrom.

As between you and Jobs-Scout, all User Content, and all Intellectual Property Rights therein, shall belong to you. Jobs-Scout does not claim any ownership rights to such User Content. However, Jobs-Scout shall have the right to access, use, and process such User Content to provide the Services and the functionality of the Services to you during the term of these Terms. You represent and warrant that you own all right, title and interest in and to all User Content, or have obtained all legally required consent from any third party in and to all User Content, that you provide to Jobs-Scout via the Site or Services, such that your use of User Content in connection with the Site or Services does not violate Intellectual Property Rights or any other rights of any third party. You assume all risk associated with the User Content you provide and the transmission of such User Content, and you have sole responsibility for the accuracy, quality, legality and appropriateness of such User Content.

Notwithstanding the foregoing, you acknowledge and agree that Jobs-Scout may anonymize and aggregate User Content in a manner that it can no longer reasonably be used to identify individuals (“Anonymized Data”). You grant Jobs-Scout an unlimited, perpetual, and irrevocable license to use the Anonymized Data for the purpose of improving the Software and Services, to understand and analyze trends across Jobs-Scout’s customers, and for any other purpose.

In the event that these Terms terminate as described herein or in an Order Form, if you have paid for a subscription for the Services, you may continue to use Content obtained during the term of your subscription as part of the Services, but such right is revocable at any time upon notice by Jobs-Scout and such right is limited to your own internal recruiting use and may not be transferred or sublicensed to any third party except to the extent that you utilize a third party recruiter for your internal hiring purposes. As used herein, “Content” means the generated analyses, questions, and other components provided by Jobs-Scout to you as part of the Services during the term of a paid subscription. Content is considered Site Content as used in these Terms.

12/ AI-Generated Content

Our Service uses Artificial Intelligence (AI) to analyze and rank resumes and job postings and other content. AI refers to the simulation of human intelligence processes by computer systems. The results provided are for informational purposes only and should not be considered as definitive or as a substitute for professional judgment.
 

We are not responsible for any decisions made based on the AI-generated content, including but not limited to hiring decisions.

We may also rely on third-party services for the AI functionality integrated into our platform. While we strive to ensure the reliability and performance of these services, we cannot guarantee their availability, accuracy, or error-free operation. We shall not be held liable for any issues, including but not limited to outages, inaccuracies, or errors, arising from the use of these third-party AI services.
 

13/ Data Security

We implement reasonable security measures to protect your data. However, we cannot guarantee that unauthorized access, hacking, data loss, or other breaches will never occur.

You agree that we are not liable for any unauthorized access to or alteration of your data or any other breach of security.

14/ Privacy Policy

Please refer to our Privacy Policy for information about how we collect, use and disclose information about you. By using the Site or Services, you acknowledge that you have read and agree to the Privacy Policy.

24/ Links and Third-Party Content

The Site or Services may contain links to or utilize third party products, services, and websites. By way of example only, we may use the Stripe platform to process payments, or we may use a Generative AI service to execute analyses. We exercise no control over any third-party products, services, or websites, and we are not responsible for their performance, do not endorse them, and are not responsible or liable for any content, advertising, or other materials available through the third-party products, services, and websites. We are not responsible or liable, directly or indirectly, for any damage or loss caused to you by your use of or reliance on any goods or services available through the third-party products, services, or websites. Additionally, if you follow a link or otherwise navigate away from the Site, please be aware that these Terms, including the Privacy Policy, will no longer govern. You should review the applicable terms and policies, including privacy and data gathering practices, of any third-party websites to which you navigate to from the Site.

15/ Feedback

If you send any suggestions, recommendations, or other feedback related to the Site or Services to us (“Feedback”), you agree that Jobs-Scout is free to use, without any attribution or compensation to you or any other party any Feedback for any purpose whatsoever, although Jobs-Scout is not required to use any Feedback. You agree that no Feedback submitted by you will violate any right of any third party, including any Intellectual Property Rights.

16/ Disclaimer of warranties

THIS DISCLAIMER SECTION IS AN ESSENTIAL PART OF THESE TERMS.

YOUR USE OF THE SITE, SERVICES, AND SITE CONTENT, INCLUDING YOUR SUBMISSION OF FEEDBACK, IS AT YOUR SOLE RISK. THE SITE, SERVICES, AND SITE CONTENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. JOBS-SCOUT EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE. WE DO NOT GUARANTEE THE ACCURACY, COMPLETENESS, OR USEFULNESS OF THE SITE, SERVICES, OR SITE CONTENT, AND YOU RELY ON THE SITE, SERVICES, AND SITE CONTENT AT YOUR OWN RISK. ANY MATERIAL YOU RECEIVE THROUGH THE SITE OR SERVICES IS OBTAINED AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY MATERIAL THROUGH THE SITE OR SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM JOBS-SCOUT OR THROUGH OR FROM THE SITE OR SERVICES WILL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS.

17/ Limitation of Liability

TO THE FULLEST EXTENT ALLOWED BY APPLICABLE LAW, EACH PARTY (AND EACH PARTY’S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES, AGENTS, CONTRACTORS, INTERNS, SUPPLIERS, SERVICE PROVIDERS, AND LICENSORS) WILL NOT BE LIABLE TO THE OTHER PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF THESE DAMAGES), WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE.

WITH THE EXCEPTION OF (A) EACH PARTY’S INDEMNIFICATION OBLIGATIONS, (B) YOUR OBLIGATION TO PAY FEES FOR THE SERVICES AS AGREED UPON IN AN ORDER FORM, AND (C) ANY BREACH OF SECTION 11 (OWNERSHIP), UNDER NO CIRCUMSTANCES WILL EITHER PARTY’S TOTAL LIABILITY, REGARDLESS OF THE FORUM AND REGARDLESS OF WHETHER ANY ACTION OR CLAIM IS BASED ON CONTRACT, TORT, OR OTHERWISE, EXCEED THE GREATER OF (I) $100 OR (II) THE AMOUNTS PAID BY YOU TO JOBS-SCOUT IN CONNECTION WITH OUR PRODUCTS AND SERVICES IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT WHICH GAVE RISE TO SUCH LIABILITY.

THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOBS-SCOUT AND YOU. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH JURISDICTIONS, EACH PARTY’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

18/ Indemnity
 

Jobs-Scout Indemnity. You agree to indemnify, defend, and hold us harmless from any claims, liabilities, damages, losses, and expenses, including reasonable attorney's fees, arising out of or in any way connected with your use of the Service, your violation of these Terms, or your infringement of any third-party rights.

19/ Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without regard to its conflict of law principles.

Any disputes arising under or in connection with these Terms shall be resolved by the courts located in Toronto, Ontario, Canada.

20/ Termination

(a) Term. If you purchase a subscription, these Terms shall be effective commencing upon execution of an Order Form for such subscription and shall continue for the term specified in the Order Form, unless earlier terminated as specified below. If you do not purchase a subscription, these Terms are effective upon your first use of the Site or Services and continuing until terminated as specified below.

(b) Termination. You or Jobs-Scout may terminate these Terms as follows: (i) if the other Party materially breaches these Terms (including, without limitation, in the case of you, nonpayment of the fees specified in an Order Form) and does not remedy such failure within thirty (30) days after its receipt of written notice of such breach (unless the breach is of a nature that is incapable of being incurred, in which case the non-breaching Party may terminate these Terms immediately upon written notice); (ii) if the other Party terminates its business activities or becomes insolvent, admits in writing to inability to pay its debts as they mature, makes an assignment for the benefit of creditors, or becomes subject to direct control of a trustee, receiver or similar authority; (iii) upon thirty (30) days’ written notice to the other Party, either Party may terminate these Terms for convenience; or (d) as otherwise expressly set forth in these Terms or an Order Form.

(c) Effect of Termination. Upon any termination of these Terms: (i) the license described in Section 9 and any other rights granted to you under these Terms with respect to the Site and the Services will immediately cease, with the exception of paid user’s right to continue using Interview Content as described in Section 11, (ii) you shall immediately pay to Jobs-Scout all amounts due and payable up to and through the effective date of termination, and (iii) except for a termination by you pursuant to Section 19(b)(i) or a termination by Jobs-Scout pursuant to Section 19(b)(iii), Jobs-Scout shall have no obligation to refund any prepaid fees. Upon Jobs-Scout’s termination of these Terms pursuant to Section 19(b)(iii), you shall be entitled to a refund of fees for any period for which you have already paid but will not receive Services. Notwithstanding any terms to the contrary in these Terms, any provision of these Terms that, by its nature and context, is intended to survive these Terms (including, without limitation, your obligation to pay any unpaid fees and Sections 11, 12, 13, 15, 16, 17, 18, 19(c), and 21) will survive any termination of these Terms.

21/ Publicity

Jobs-Scout may use your name and logo on Jobs-Scout’s website and in other materials to refer to you as a customer of Jobs-Scout without your prior written consent; provided that you may require that Jobs-Scout cease such use at any time by providing written notice to Jobs-Scout.

22/ Miscellaneous

(a) No Third Party Beneficiaries. These Terms are not enforceable by or for the benefit of any third party.

(b) Electronic Communications. You agree to receive communications from Jobs-Scout electronically, such as emails, texts, or notices and messages on the Site or Services, and to retain copies of these communications for your records.

(c) Assignment. These Terms and a Party’s rights and obligations hereunder may not be transferred or assigned by either Party, by operation of applicable laws or otherwise, without the prior written consent of other Party, and any attempted transfer, assignment or delegation without such consent will be void and without effect. Notwithstanding the foregoing, either Party may assign its rights and obligations hereunder in connection with a merger, reorganization, consolidation, or sale of all or substantially all of its assets. Subject to the foregoing, these Terms will be binding upon, and will inure to the benefit of, the Parties and their respective representatives, heirs, administrators, successors and permitted assigns

(d) Force Majeure. Neither Party shall be liable for any delay or failure to perform resulting from causes outside its reasonable control, including, but not limited to, acts of God, war, terrorism, riots, embargos, acts of civil or military authorities, fire, floods, accidents, strikes or shortages of transportation facilities, fuel, energy, labor or materials.

(e) Choice of Law.  These Terms will be governed by and construed in accordance with the laws of the State of Delaware without regard to principles of conflicts of law.

(f) Notices. Any notice made pursuant to these Terms will be in writing and will be deemed delivered on (i) the date of delivery if delivered personally, (ii) five (5) calendar days (or upon written confirmed receipt) after mailing if duly deposited in registered or certified mail or express commercial carrier, or (iii) one (1) calendar day (or upon written confirmed receipt) after being sent by email. Any notices by you to Jobs-Scout shall be addressed to Jobs-Scout, 129 Alta Ave #7, Santa Monica, CA 90402, USA with a mandatory electronic copy to support@Jobs-Scout.com. Notices by Jobs-Scout to you shall be addressed to the address or email specified in an Order Form, or if no such Order Form has been executed, Jobs-Scout may provide notice to any email address that has been provided by you.

(g) Entire Agreement. These Terms and any Order Form constitute the entire agreement and understanding between you and us and govern your use of the Site and the Services, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms). Notwithstanding the foregoing, if you or your company have executed a separate written agreement governing your use of the Services, that agreement shall control to the extent that any provision of these Terms conflicts with the terms of that Agreement. These Terms shall not be modified by any of: (a) course of performance between the parties; (b) course of conduct or dealing between the parties; or (c) applicable trade practice.

(h) Waiver. No failure or delay by either Party in exercising any right under these Terms will constitute a waiver of that right, unless such waiver is in writing and signed by an authorized representative of such Party.

(i) Severability. If any portion of these Terms is held invalid by a court of competent jurisdiction, then such portion will be deemed to be of no force or effect, and these Terms will be construed as if such portion had not been included.

(j) Interpretation. Any ambiguities in the interpretation of these Terms shall not be construed against the drafting Party.

(k) Headings. The headings used in these Terms are for convenience of reference only and do not affect the meaning or construction of these Terms.

Contacting Jobs-Scout

If you have any questions or concerns about the Site, Services or these Terms, please send us a thorough description by email to support@Jobs-Scout.com,

or write to us at: Jobs-Scout, 26 Coates of Arms Lane, Ajax, Ontario, Canada