This web site (the "Site") is provided by It’s Academic Educational Staffing DBA It’s Academic Jobs and Recruiting ("It’s Academic"), 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 the 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 It’s Academic. In case of inconsistency between these Terms and Conditions and any other agreement you may have with It’s Academic, the other agreement shall prevail, but only to the extent of the inconsistency.
1. Changes to Terms and Conditions
It’s Academic 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.
2. Changes to this Site
It’s Academic 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. It’s Academic 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.
3. Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking employment and career information ("Job Seekers"), and by employers ("Employers") and recruitment companies and agencies ("Recruiters") seeking employees. 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, It’s Academic 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 It’s Academic ; (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 It’s Academic ; (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.
You may post certain Materials to the Site. You may only post Materials 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 upfront 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, libelous, 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 It’s Academic employee or agent, an authorized user of It’s Academic's Services, a Candidate, an Employer or a Recruiter, or otherwise misrepresenting your affiliation with any person or entity; (vi) post opinions, notices or advertisements, commercial or otherwise solicit business from Recruiters or Employers who post on the Site, including any solicitation by any of our competitors of Recruiters or Employers who post 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. It’s Academic 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.
4. Use of the It’s Academic Services.
The job posting, and CV database and other features of the It’s Academic Site may be used only by individuals seeking employment and/or career information and by employers seeking employees. In addition, It’s Academic networking and profiles may be used by individuals for permitted professional and personal networking purposes. Your use of the It’s Academic Services is also subject to any other contracts you may have with It’s Academic. In the case of any conflict between these Terms and any contract you have with It’s Academic, the terms of your contract will prevail. The term “post” as used herein shall mean information that you submit, publish or display on the Site.
5. Additional Terms Applicable to Employers.
Employers are solely responsible for their postings on the Site. It’s Academic is not to be considered to be an employer with respect to your use of the Site and It’s Academic shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on the Site.
You understand and acknowledge that if you cancel your employer account or your employer account is terminated, all your account information from It’s Academic, including saved CVs, network contacts, and email mailing lists, will be marked as deleted in and may be deleted from It’s Academic's databases. Information may continue to be available for some period of time because of delays in propagating such deletion through It’s Academic’s web servers.
In order to protect our It’s Academic users from commercial advertising or solicitation, It’s Academic reserves the right to restrict the number of e-mails which an employer may send to users to a number which It’s Academic deems appropriate in its sole discretion. You shall use It’s Academic’s networking and profiles in accordance with all applicable privacy and data protection laws.
6. Job postings
A Job posting may not contain:
You may not use your It’s Academic job posting or It’s Academic to:
It’s Academic reserves the right to remove any job posting or content from the Site, which in the reasonable exercise of It’s Academic ’s discretion, does not comply with the above Terms, or if any content is posted that It’s Academic believes is not in the best interest of It’s Academic.
If at any time during your use of the Services, you made a misrepresentation of fact to It’s Academic or otherwise misled It’s Academic in regards to the nature of Your business activities, It’s Academic will have grounds to terminate your use of the Services.
7. Additional terms applicable to Job Seekers.
When you register with any It’s Academic Site, you will be asked to create an account and provide It’s Academic with certain information including, without limitation, a valid email address (your "Information").
Any profile you submit must be accurate and describe you, an individual person. The Profile requires standard fields to be completed such as telephone numbers, email addresses or other means of contacting you.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any CV or material contained therein placed by you on the Site.
It’s Academic 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 or when you have agreed to receive, such offers may be made by It’s Academic or by third parties. Please see It’s Academic 's Privacy Statement, for further details regarding your Information.
You understand and acknowledge that you have no ownership rights in your account and that if you cancel your It’s Academic account or your It’s Academic account is terminated, all your account information from It’s Academic, including CVs, Profiles, cover letters, saved jobs, and questionnaires will be marked as deleted and may be deleted from It’s Academic's databases and will be removed from any public area of the Site. Information may continue to be available for some period of time because of delays in propagating such deletion through It’s Academic’s web servers. In addition, third parties may retain saved copies of your Information.
It’s Academic reserves the right to delete your account and all of your information after a significant duration of inactivity.
8. 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 It’s Academic of any unauthorized use of your registration or password.
9. Proprietary Rights
Limited License and Copyright. 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, It’s Academic 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 It’s Academic.
Trademarks. The Service names, company names and logos used on this Site may be trademarks, including registered trademarks of It’s Academic. Such Service names, company names and logos of It’s Academic may not be copied, imitated or used, in whole or in part, without the prior written consent of It’s Academic. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. It’s Academic’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. It’s Academic reserves all such rights.
Software. Any software, including calculator software, as well 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 It’s Academic 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.
10. Links and Third Party Materials
Certain links on this Site may take you to other websites. It’s Academic provides these links only as a convenience. These linked sites are not necessarily under the control of It’s Academic. 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.
It’s Academic is not responsible for the contents of any such linked page or any other page not under its control. It’s Academic makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. Links do not imply that It’s Academic 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 It’s Academic.
11. Linking Agreement
It’s Academic welcomes links to its Internet web home page. If you want to link to this Site, you may do so, provided you agree to the link conditions (the "Link Conditions") described below. By establishing a link to this Site, you will be deemed to have agreed to these Link Conditions:
It’s Academic may amend these Link Conditions at any time. You agree to abide by these Link Conditions and other legal terms and conditions on this Site, as amended from time to time.
You acknowledge that any use of or reliance on this Site or any Content shall be at your sole risk. It’s Academic 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. IT’S ACADEMIC 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. IT’S ACADEMIC 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 Recruiters and Employers to post job opportunities and Candidates to post resumes.
Because user authentication on the Internet is difficult, It’s Academic 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 behavior of participants on this Site, in the event that you have a dispute with one or more users, you release It’s Academic (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.
It’s Academic 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 mislabeled or deceptively labelled. It’s Academic 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, including third party provided content, advertisements and user content. You agree that It’s Academic shall have no liability whatsoever for any such third-party material, data or information.
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.
It’s Academic shall not be responsible for any employment decisions, for whatever reason made, by any entity posting jobs on the Site.
14. Limitation of Liability
YOU AGREE THAT IT’S ACADEMIC 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 IT’S ACADEMIC, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that It’s Academic's aggregate liability for damages shall be limited to $100.
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 remedy.
You agree to defend, indemnify and hold harmless each of It’s Academic’s affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned on 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.
16. Choice of law
This Site is controlled, operated and administered by It’s Academic from its offices within Canada. It’s Academic makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of British Columbia, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Vancouver, if no jurisdiction exists, in the Province of British Columbia. Each party hereby agrees to submit to the jurisdiction of the courts of British Columbia and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia in English and governed by British Columbia law. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.