Terms and Conditions

JOBPAIR GENERAL TERMS AND CONDITIONS
Last updated: 15 June, 2024
ABOUT THESE TERMS
These Terms, together with any documents and/or additional terms, conditions, or policies that are incorporated by reference (collectively, the "Terms") apply to and govern your use of and access to all websites, products, and services owned, operated, sold, or otherwise provided by JobPair ("JobPair", also referred to as "we", "us", and "our"), including our website (https://jobpair.ca/) and all associated subdomains (collectively, the "Websites"), the JobPair platform (the "Platform", as defined herein), the Content (as defined herein), and any other websites, documents, applications, instruments, products, or services that contain a link or direction to these Terms (together, the "Services").
These Terms constitute a legal agreement and are entered into by and between JobPair and any person accessing, using, purchasing, engaging, or otherwise interacting with ("Using" or "Use") any of the Services, including current or potential clients, account holders, and any other individuals browsing or viewing the Services ("you", "your", or "User").
PLEASE READ THESE TERMS CAREFULLY BEFORE USING THE SERVICES TO ENSURE YOU UNDERSTAND YOUR RIGHTS, RESPONSIBILITIES, AND OBLIGATIONS. By Using the Services, you accept and agree to be bound by and comply with these Terms. If you do not agree with these Terms, you may choose not to Use the Services.
In addition to these Terms, we may ask you to agree to other policies, such as our Privacy Notice, before Using some of the Services. Special terms may also apply to some products, services, or features offered by, under, or in conjunction with certain Services. These special terms are posted in connection with the applicable product, service, or feature. Any such terms are in addition to these Terms, and in the event of a conflict, shall prevail over these Terms.
The Services are not intended for Use by minors. You must be of majority age to Use the Services and cannot Use the Services if you are a minor.
JobPair may update or modify these Terms at any time at our sole discretion. Any and all such updates or modifications are effective immediately upon posting. We will also provide you with notice of any material changes to these Terms by email. Your continued Use of the Services after we make any updates or modifications means that you accept those changes and agree to comply with them, so please check these Terms regularly for updates. If you have any questions, comments, or concerns about these Terms, or wish to terminate your agreement with us pursuant to these Terms, please contact us at [email protected].
USE OF THE SERVICES
As a condition of your Use of the Services, you agree that you may Use the Services only for lawful purposes and in accordance with these Terms.
The content contained in, on, or in conjunction with Services, such as text, graphics, images, audio, video, documentation, guidance, and other material, as well as the trademarks (whether registered or unregistered), trade names, service marks, patents, designs, domain names, taglines, organization of the Websites, and user look-and-feel (collectively, the "Content"), is protected by copyright, trademark, patent, industrial design, and other such laws in Canada and other foreign countries, as applicable, and is owned and controlled by JobPair or by third parties that have licensed their Content to JobPair. Unauthorized Use of the Content may violate copyright, trademark, patent, industrial design, and other laws.
The trademarks, trade names, business names, logos, and service marks (the "Marks") displayed on the Services or with the Content are owned by JobPair or third parties that have licensed their Marks to JobPair. You are prohibited from using those Marks without the express, written permission of JobPair or such third party.
You are prohibited from:
a)    Using the Services, the Content, or any portion thereof for any illegal, criminal, fraudulent, or unauthorized purpose;
b)    Using the Services, the Content, or any portion thereof to violate any laws, including but not limited to laws related to privacy and intellectual property rights;
c)    Using the Services, the Content, or any portion thereof to transmit any encrypted files, malware, viruses, bots, or other similar spyware, worm, robotic process automation, or other such malicious or harmful technology;
d)    mirroring, displaying, Using, or otherwise replicating any of the Services, the Content, or any portion thereof, on any server, website, network (including intranet), or any other such location, whether digital, physical, or otherwise, for any purpose without the express written permission of JobPair; and
e)    attempting to circumvent or otherwise violating or attempting to violate the security of any Service, including, without limitation:
                       i.       accessing content and data that is not intended for you;
                      ii.       attempting to breach or breaching the security and/or authentication measures, including any technological protection measures, digital locks, verification tools, or other authentication measures;
                     iii.       restricting, disrupting, or disabling service to Users, hosts, servers, or networks;
                     iv.       illicitly reproducing TCP/IP packet header;
                      v.       manipulating or interfering with the transmission control protocol / internet protocol associated with any of the Services;
                     vi.       disrupting network services, hosting services, or otherwise disrupting JobPair' ability to provide or monitor the Services;
                    vii.       using any robot, spider, or other automatic device, process, or means to access the Services for any purpose, including monitoring or copying any of the material on or in the Services;
                  viii.       introducing any viruses, trojan horses, worms, spyware, malware, logic bombs, or any other material that is malicious or technologically harmful;
                     ix.       attacking the Services via a phishing attack, electronic spam, business email compromise, denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing, phishing, spamming, or any other technologically harmful activity;
                      x.       duplicating, distributing, decompiling, reverse engineering, disassembling, or parsing any JobPair software or technology; and
                     xi.       otherwise interfering, attempting to interfere with, or damaging the proper working of any of the Services.
If you do any of the prohibited items described in this Section or otherwise identified in these Terms, you will be deemed to violate these Terms and we will immediately terminate your ability to Use the Services. You are solely and entirely responsible for your Use of the Services via your devices, equipment, internet connection, and data and security environment. If your Use of the Services results in the need for servicing or replacing of devices or equipment or loss of profits or data, JobPair will not be responsible for those costs.
If you would like information about obtaining JobPair's permission to Use the Content or Marks, please contact us at [email protected].
ACCOUNTS
Some Services permit or require you to create an account to Use the Services or certain features contained therein (a "User Account"). You agree to provide true, accurate, current, and complete information about yourself or your entity as prompted by our registration processes (the "Registration Data") and agree to maintain and update that data for the duration of your Account. You agree not to impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person's username, password, or other Account information, or another person's name, likeness, voice, image, photograph, contact information, or other identifying information. You agree to treat all usernames, passwords, or other Account information as confidential and will not disclose it to any other person or entity.
You also agree to exercise caution when accessing your Account from a public or shared computer so that others are not able to view or record your password or other personal or Account information. You understand and agree that any Account provided to you is personal to you and you agree not to provide any other person with access to any Services or portions thereof using your username, password, or other Account information. You agree to notify us immediately of any unauthorized access to or use of your username, password, other Account information, or any other breach of security by emailing us at [email protected]. You also agree to ensure that you logout from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access.
We may disable, suspend, or terminate your Account and your ability to Use any Service or portion thereof for failure to comply with these Terms, any related terms or policies (including our Privacy Policy), or any special terms related to a particular service or feature.
Please refer to our Privacy Policy for full details on how JobPair manages your personal information and Account.
PLATFORM LICENSE
Upon your Use of the Platform and/or the App, JobPair grants you a non-exclusive, non-sublicensable, non-transferrable, limited right of use to Use the Platform, the App, and any accompanying content and documentation, (collectively, the "Software") on a SaaS basis (the "Right of Use").
Your Right of Use shall be valid for so long as you maintain an Account with JobPair, pay all applicable fees, and comply with these Terms. Where your Account is subscription-based, your Right of Use shall be renewed in accordance with your selected subscription plan. In addition to any other termination rights granted under these Terms, JobPair shall have the right to terminate the Right of Use with immediate effect if you commit a material breach of these Terms or fail to pay any fees owing despite written reminder. Upon termination, the Right of Use shall expire and you shall no longer have access to or otherwise be able to Use the Software.
All ownership rights, including copyright, trademark, design, patent, and other intellectual and industrial property rights to the Software, shall at all times remain the property of JobPair.
COMMUNICATIONS AND CONDUCT
Services are available to you through our Websites as well as other online platforms and electronic communications such as email or telephone. By Using our Websites and providing your email and other contact information, you may also receive promotional offers and materials. You may disable such notifications by clicking on the "unsubscribe" link in our emails.
You agree to provide current and accurate information in connection with your Use of to the Services. You agree to promptly update any account information, including your contact and payment information, where applicable, so that the Services can be provided and we may contact you as needed.
We reserve the right to refuse any request for Services. We also have the discretion to limit or cancel access to Services if we believe it is appropriate to do so. For example, we may cancel or refuse access to Services where there is any action by you that:
a)    appears to be illegal, fraudulent, abusive, harassing, harmful, disruptive, or in any way offensive or inappropriate;
b)    shows multiple, repeated requests being placed by the same person, credit card or other payment information, or correspond to the same billing and/or shipping address;
c)    appears to be related to “bots” or other mass-related online requests;
d)    includes any inaccurate, misleading, or incomplete information; and
e)    breaches any of these Terms.
If we terminate or cancel your Use of any Services for any of these reasons, we will attempt to notify you but you will not be entitled to a refund for past Use.
When you Use the Services, or contact us from any computer or device, including through social media, you are communicating with us electronically. We may also communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Websites or through our Software. By Using the Services, you consent to receive these communications. You agree that all communications that we provide to you electronically, such as by email or text message, satisfy any legal requirement that such communications be in writing.
Please refer to our Privacy Policy for full details on how we request and manage your consent to our communications.
JOBPAIR INTELLECTUAL PROPERTY RIGHTS
All intellectual property rights, including copyrights, patents, patent disclosures, inventions (whether patentable or not), trademarks (whether registrable or not), service marks, trade dress, trade names, logos, business names, domain names, social media handles, industrial designs, trade secrets, know-how, show how, software code, data sets, Website layout and selection, and confidential information, together with all of the goodwill, derivative works, and other forms or representations thereof (collectively, "JobPair IP Rights") in and to the Services and all Websites, Software, and Content therein, are owned by JobPair, its licensors, or other providers of such material. All JobPair IP Rights are protected by the applicable copyright, trademark, patent, industrial design, trade secret, and other intellectual property or proprietary laws and rights in Canada and internationally, as the case may be.
You are not allowed to use any JobPair IP Rights without the prior written permission of JobPair. Any misuse of the JobPair IP Rights will be a breach of these Terms and will prevent you from Using the Services in the future.
You are not allowed to:
·         use JobPair IP Rights in association with any product, service, platform, or device that is not offered or approved by us;
·         use JobPair IP Rights in any way that is likely to cause confusion in the marketplace, or in any manner that disparages, discredits, or degrades our brand, reputation, and goodwill;
·         copy, reproduce, compile for a database, distribute, modify, create derivative works, publicly display, publicly perform, republish, translate, download, store, or transmit any of the Content, in any form or medium whatsoever except that your computer browser may temporarily store or cache copies of the Content only while being accessed and viewed;
·         download, edit, or modify copies of any Content from the Services; 
·         modify or delete any copyright, trademark, patent, or other legal notices appearing in the Software or Content.
If you copy or download any Content from the Services in breach of these Terms, your right to Use the Services will cease immediately and you must, at our option, return or destroy all unauthorized copies you made.
Other intellectual property rights, including trademarks, trade names, or trade dress that are not owned by us may appear on or in conjunction Services ("Third-Party IP"). All Third-Party IP is the property of its respective owners, who may or may not be affiliated with or sponsored by us. Use of any such Third-Party IP, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You have no right, title, or interest in or to the Services or to any Content thereon, and all rights not expressly granted are reserved by JobPair. Any Use of the Services not expressly permitted by these Terms is a breach of these Terms and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
If you are aware of any misuse of the JobPair IP Rights or Third-Party IP, we ask you to report it to JobPair at [email protected].
THIRD PARTY TOOLS, LINKS, AND SITES
The Services may contain links to third-party websites that are maintained, or give you the opportunity to download items created or developed, by others. Any such links or downloads are provided solely as a convenience to you and not as an endorsement by JobPair of the contents on such third-party websites or downloads. You agree that our suggestion to use or access the third-part sites or downloads is completely optional and at your choice and that any such use or access is subject to the policies, terms, and conditions of those third parties.
JobPair is not responsible for the content of linked third-party sites or downloads and does not make any representations or warranties regarding the content, accuracy of materials, or functionality of such third-party websites or downloads or the privacy practices of such third parties. If you decide to access linked third-party websites or download such third-party items, you do so at your own risk. You agree that we are not liable for any harm, injury, damage, or loss caused by your access and use of such third-party sites or downloads. It is your responsibility to carefully review the policies, terms and conditions of third-party sites prior to any interaction with them. Any issues, questions or concerns arising out of your use of third-party sites should be directed to the relevant third-party.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
You expressly agree that your USE OF the Services is completely voluntary and at your sole risk. The Services are provided to you "as is" and "as available". We make no representations or warranties of any kind, express or implied, REGARDING the operation of the Services or the accuracy, reliability, suitability, EFFECTIVENESS, completeness, security, availability, or timeliness OF THE SERVICES. JobPair does not warrant that THE Services will operate error-free, uninterrupted, FREE OF TECHNOLOGIALLY HARMFUL COMPONENTS, OR that defects will be corrected. JOBPAIR does not warrant the fitness of the SERVICES for any particular purpose. JOBPAIR does not warrant the intellectual property rights of third-parties.
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL JOBPAIR NOR ITS AFFILIATES OR REPRESENTATIVES BE LIABLE FOR ANY: (A) inaccuracy, error in, or failure of any Service; (B) damages or losses of any kind under any legal theory arising from the use of the Services, including, for example, any direct, indirect, incidental, punitive, consequential, special, aggravated, or exemplary damages; (C) lost profits or damages resulting from lost data, business interruption, privacy breach, or security incident; and (D) any loss or damage caused by denial-of-service attacks, overloading, flooding, mailbombing, crashing, viruses, trojan horses, worms, logic bombs, business email compromise, or other technologically harmful material that may infect your devices, instruments, or computers due to your use of the Content or Services in compliance with these Terms; IN EACH CASE WHETHER OR NOT JOBPAIR WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES OR HAD REASON TO KNOW.
Any and all claims, judgments, or awards in any legal proceeding shall be limited to the actual fees or invoices paid by you for the SERVICES. YoU waive the right to claim any punitive, consequential, or indirect damages of any kind (as listed above) for your USE OF the SERVICES.
Some jurisdictions may not allow for limitations or exclusions on certain types of damages or warranties. If the laws of those places apply to you, some of the above limitations or exclusions might not apply to you, and you might have additional rights. In any event, we will rely on the maximum limitation or exclusion available in those places.
If you are dissatisfied with the Services or with these Terms, your sole remedy is to discontinue Use of the Services.
INDEMNITY AND RELEASE
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless JobPair, its affiliates, and their representatives from and against any claims, actions, liabilities, damages, demands, judgments, awards, losses, costs, expenses, or fees (including reasonable legal and accounting fees) arising out of or relating to:
a)    your Use of the Services in any unauthorized or unlawful manner;
b)    your breach of these Terms;
c)    your breach of any other JobPair policy, such as our Privacy Policy; and
d)    your violation of any third-party rights including any intellectual property, privacy, property, or security right of a third-party.
Your obligation of indemnification survives any termination of the Terms, closure of your Account, or your Use of the Services is discontinued.
EXPORT CONTROL
Canada, the United States, and certain other countries control the export of products and information. You agree to comply with such restrictions and not to export or re-export any Services to countries or persons prohibited under export control laws. By downloading or Using any Software or Content, you are agreeing that you are not in a country where such export is prohibited and that you are not subject to any sanctions imposed by the Canadian or United States governments. You are responsible for compliance with the laws of your local jurisdiction regarding the import, export, or re-export of the Services.
TERM AND TERMINATION
These Terms, as updated from time to time, shall remain in full force as long as they are posted on the Websites and linked to or otherwise contained in any of the Services. You may stop Using the Services at any time provided that you pay any outstanding fees or invoices that are owed to JobPair.
We reserve the right to terminate your Use of the Services immediately, with or without notice to you and without any liability to you, if we believe that you have breached these Terms, have interfered with someone else’s Use of the Services, or have breached our other policies such as the Privacy Policy.
CHANGES TO SERVICES
We reserve the right to change, add to, amend, or discontinue any of the Services at any time and at our own discretion. We also reserve the right to alter or increase the pricing of our Services, as well as making limited offers or promotions in relation to the Services.
You agree that it is your responsibility to monitor the Services for any changes. We shall not be liable to you or to any third party for any consequences arising out of the pricing or promotion of the Services or any changes, suspension, or discontinuance of the Services.
DISPUTES, CLAIMS, AND APPLICABLE LAW
The laws of the Province of Nova Scotia, Canada apply to these Terms. You agree that these Terms shall be construed under the laws of the Province of Nova Scotia and the Federal laws of Canada applicable therein, without regard for conflicts of laws principles.
You agree to irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Nova Scotia. Any proceeding arising from your Use of the Websites may only be commenced in Halifax, Nova Scotia. You agree not to object to the location of this venue for any reason. You agree that any proceeding may only be commenced individually and not part of any group or class.
Any and all claims, judgments, or awards shall be limited to the actual fees paid by you for the Services. You hereby waive the right to claim any punitive, consequential, or indirect damages of any kind. Notice of any proceeding in the Province of Nova Scotia, Canada shall be sent to you by email or your last-used mailing address.
GENERAL
Entire Agreement. These Terms contain the entire agreement between you and us, with respect to the subject-matter hereof and supersede all prior agreements, whether written or oral, relating to the same subject matter.
Assignment. You may not assign or transfer any rights granted to you under these Terms. We may assign or transfer any of our rights and obligations under these Terms without restriction or limitation.
Amendments. We reserve the right to make changes to these Terms from time to time and to publish a replacement version on the Websites or in the Services.
Waiver. Any failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms operates or may be construed as a waiver thereof and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
Severability. If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.
Force Majeure. We will not be liable for any failure to operate or offer the Services if such failure is due to circumstances beyond our reasonable control, including without limitation strikes, labour disputes, fire, explosion, flood, power outage, industrial disturbance, acts of God, war, terrorism, pandemic, health outbreak, state of emergency, government orders, acts of an authority, or other any other similar cause.
Independent Parties. Your Use of the Services is not intended and shall not be deemed to create any agency, representation, joint venture, partnership, or similar legal relationship between us.
Contact. Should you become aware of misuse of the Services, including libelous or defamatory conduct, you must report it to JobPair at [email protected]. Any other feedback, comments, requests for technical support, and other communications relating to any Services should also be directed to [email protected].