JobBliss Inc. (hereafter referred to as “JobBliss”, “we”, “us”, or “our”) provides an online platform for: (i) connecting Companies (defined below) with freelancers; and (ii) Companies to manage information about their Freelancers through a Little Black Book (defined below) (collectively, “Services”). The Services are accessible at http://www.JobBliss.com and at any other websites through which JobBliss makes the Services available (collectively, the “Site”).
THE SITE AND SERVICES COMPRISE AN ONLINE PLATFORM THROUGH WHICH COMPANIES (DEFINED BELOW) MAY CREATE LISTINGS (DEFINED BELOW) FOR OPPORTUNITIES (DEFINED BELOW) AND FREELANCERS (DEFINED BELOW) MAY LEARN ABOUT AND BOOK OPPORTUNITIES. THE SITE AND SERVICES ALSO COMPRISE AN ONLINE PLATFORM FOR COMPANIES TO MANAGE INFORMATION ABOUT THEIR FREELANCERS. YOU UNDERSTAND AND AGREE THAT JOBBLISS IS NOT A PARTY TO ANY AGREEMENTS ENTERED INTO BETWEEN COMPANIES AND FREELANCERS. JOBBLISS HAS NO CONTROL OVER THE CONDUCT OF COMPANIES, FREELANCERS AND OTHER USERS OF THE SITE AND SERVICES OR ANY OPPORTUNITIES, AND DISCLAIMS ALL LIABILITY IN THIS REGARD.
PLEASE READ THE FOLLOWING CAREFULLY
“Collective Content” means Member Content and JobBliss Content.
“Company” means a Member who creates a Listing via the Site or Services;
“Content” means text, graphics, images, music, software, audio, video, information or other materials, and the arrangement of the foregoing.
“Freelancer” means a Member who is open to booking an Opportunity via the Site or Services.
“Contractor” means a Member who is open to booking an Opportunity via the Site or Services.
“Resource” means a Member who is open to booking an Opportunity via the Site or Services.
“JobBliss Content” means all Content that JobBliss makes available through the Site or Services, including any Content licensed from a third party, but excluding Member Content.
“Listing” means an Opportunity that is listed by a Company as available for Contractors or Freelancers via the Site or Services.
“Company Database” means the non-public database platform offered by JobBliss that assists Companies with managing their freelancer / contractor bookings and contacts.
“Member” means a person who completes JobBliss’s account registration process, including, but not limited to Companies and Contractors, Freelancers or Resources, as described under “Account Registration” below.
“Member Content” means all Content that a Member posts, uploads, publishes, broadcasts, submits or transmits to be made available through the Site or Services.
“Opportunities” means freelance or contract work for any applicable industry.
“Services” means providing an online platform for connecting Companies with contractors or freelancers; and for Companies to manage information about their contractors or freelancers through a Company Database.
“Service Fees” means fees charged by JobBliss for the Services.
“User” means a Member and any other individual or entity that uses the Site or Services.
“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), Goods and Services Tax/Harmonized Sales Tax (GST/HST) and other similar municipal, provincial and federal indirect or other withholding and personal or corporate income taxes.
2. ACCEPTANCE OF TERMS
By clicking that you agree to the Terms when you sign up to use the Site and Services, you acknowledge that you have read and fully understood the Terms and agree to be bound by them. Each time you access and use the Site and Services, you agree to be bound by the Terms as they exist at that date and time. If you do not agree with the Terms, do not use the Site or Services.
YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE AND SERVICES. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT
JobBliss reserves the right, at its sole discretion, to modify, update or replace any part of these Terms at any time and without prior notice. You can review the most current version of the Terms at any time on the Site. Changes to these Terms are effective immediately. It is your responsibility to check the Site periodically for changes to the Terms. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.
The Site and Services are intended solely for persons who are at or over the age of majority. Any access to or use of the Site or Services by anyone under the age of majority is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are at or over the age of majority.
6. HOW THE SITE AND SERVICES WORK
The Site and Services can be used to facilitate the listing and booking of Opportunities. Such Opportunities are included in Listings on the Site and Services by Companies. Unregistered visitors of the Site and Services may not view Listings.
As stated above, JobBliss makes available a platform or marketplace with related technology for: (i) Freelancers and Companies to meet online and arrange for bookings of Opportunities; and (ii) for Companies to manage information about their freelancers through their personalized Little Black Book. JobBliss’s responsibilities are limited to facilitating the availability of the Site and Services. All arrangements for paying Freelancers must be made directly between Freelancers and Companies.
JOBBLISS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTING AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY OPPORTUNITIES. JOBBLISS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND OPPORTUNITIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE FREELANCER’S AND COMPANY’S OWN RISK.
7. CHANGES TO THE SITE AND SERVICES
JobBliss reserves the right, at its sole discretion, to alter, suspend, update, change, replace or discontinue any part of the Site and Services at any time without notice. JobBliss does not guarantee availability of the Site or Services. The Site and Services may be unavailable from time to time, for example, due to updates and other improvement work.
8. ACCOUNT REGISTRATION
In order to access certain features of the Site and Services, to book an Opportunity or create a Listing, you must register to create an account (“JobBliss Account”) and become a Member. You may only register to join the Site directly via the Site.
If you are a Freelancer or Contractor, you may become a Member free of charge. If you are a Company, then you must pay a Service Fee.
We will create your JobBliss Account and your JobBliss Account profile page for your use of the Site and Services based upon the personal information you provide to us. You may not have more than one (1) active JobBliss Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. JobBliss reserves the right, at its sole discretion, to suspend or terminate your JobBliss Account and your access to the Site and Services if you create more than one (1) JobBliss Account or if any information provided during the registration process or thereafter proves to be inaccurate, not current or incomplete.
9. ACCOUNT SECURITY
You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your JobBliss Account, whether or not you have authorized such activities or actions. You will immediately notify JobBliss of any unauthorized use of your JobBliss Account. You will be held responsible for any and all direct or indirect damages for all activity conducted on the Site that can be linked or traced back to your account. You further fully indemnify us against any claims resulting out of your failure to maintain the confidentiality of your JobBliss Account, including your password.
By creating a JobBliss Account, you expressly consent to JobBliss communicating with you electronically or otherwise using the information provided by you from time to time.
10. OPPORTUNITY LISTINGS BY COMPANIES
Companies may create Listings. As a Company, you acknowledge and agree that you are responsible for any and all Opportunities and Listings that you post. Accordingly, you represent and warrant that any Opportunity and Listing that you post and the booking of that Opportunity: (i) will not breach any agreements you have entered into with any third parties; (ii) will be in compliance with all applicable laws, Tax requirements, and rules and regulations that may apply to any Opportunity included in a Listing you post; (iii) will not conflict with the rights of third parties; and (iv) will not contain information that is fraudulent, false, misleading, deceptive, defamatory, obscene, pornographic, vulgar, offensive, discriminatory, harassing or threatening.
Please note that JobBliss assumes no responsibility for a Company’s compliance with any applicable laws, rules and regulations. JobBliss reserves the right, at its sole discretion, at any time and without prior notice, to remove or disable access to any Listing for any reason, including any Listing that JobBliss, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
You understand and agree that JobBliss does not act as an insurer or as a contracting agent for you as a Company. If a Freelancer requests a booking of your Opportunity, any agreement you enter into with such Freelancer is at your sole discretion and is between you and the Freelancer and JobBliss is not a party thereto. You acknowledge and agree that, as a Company, you are responsible for your own acts and omissions.
11. NO ENDORSEMENT
JobBliss does not endorse any Members or any Opportunities. In addition, although these Terms require Members to provide accurate information, we do not attempt to confirm, and do not confirm, any Member’s purported identity, qualifications, experience, history or other information provided by Members about themselves. You are responsible for determining the identity and suitability of others who you contact via the Site and Services.
By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions, omissions, or misrepresentations of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm and you agree not to attempt to impose liability on, or seek any legal remedy from JobBliss with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you.
12. TERMS SPECIFIC FOR COMPANIES
In consideration for providing you with access to the Site and Services, JobBliss may collect Service Fees from Companies.
You grant JobBliss a non-exclusive, royalty-free, perpetual, and irrevocable licence to use, reproduce, and communicate the name and trademark of your organization on JobBliss.
Job Posts / Listings
You may only submit Listings for Opportunities with your company. Recruitment firms, employment agencies, headhunters, or any other similar firms (or their employees, contractors, or agents) are prohibited from using the Site and Services. In addition, you may not resell or transfer access to JobBliss to any other party. Your account is for your Company’s express use only and not transferable to any other person or entity.
You may edit or remove your Listing at any time. Each Listing is for one (1) Opportunity; it is not permitted for one Listing to solicit applications for more than one Opportunity. Listings without a reasonable and legitimate intent to hire for the specific Opportunity listed are prohibited. Listings that intentionally misrepresent the Opportunity are prohibited.
You agree not to use JobBliss to create an advertisement or advertise a position that would be a violation of the law in your state, province or country, or the state, province or country where the job is to be performed.
Listings automatically expire on the expiration date, which is set to 30 days from the date of posting. JobBliss reserves the right to remove any Listing at any time, with or without cause. If JobBliss removes the Listing with cause (due to a violation of the Terms, or any other supplemental governing contract), you will not receive a refund. If JobBliss chooses to remove a Listing without cause, you will receive a refund, prorated by the number of days (of 30) that the Listing appeared on the Site.
JobBliss does not guarantee the results or distribution of any Listing in any manner. JobBliss will not be liable for any damages under any circumstances that result from any Listing or application via JobBliss, whether to you or any other Member.
If you are a Company and a booking is requested for your Opportunity via the Site or Services, you will be asked to either confirm the booking, reject the booking, or request additional information. When a booking is requested via the Site or Services, we will share with you certain details about the Freelancer requesting the booking, including (i) the first and last name of the Freelancer; (ii) a link to the Freelancer/Contractor’s JobBliss Account profile page; and (iii) the Freelancer/Contractor’s chosen avatar.
When you confirm a booking requested by a Freelancer/Contractor via the Site or Services, JobBliss will confirm such booking in your JobBliss Account profile page calendar (depending on the selections you make via the Site and Services).
Candidates’ applications are confidential to the Companies to which they have applied. It is strictly prohibited to provide identifiable candidate resume or application data to any other parties or to contact the candidate for any unauthorized purposes.
Company Private Database
Companies can manage information about freelancers/contractors that they are interested in or that they have previously worked with using the “Company database”, which is a non-public database platform that assists Companies with managing their freelancer/contractor bookings and contacts. Each Company’s Database can only be accessed, viewed and shared with other individuals within that Company. Examples of information that may be recorded in Company database includes, but is not limited to:
- Names and contact information for freelancers
- Copies of contracts between freelancer/contractor and the Company
- Hours worked by freelancer/contractor
- Work rates of freelancer/contractor
- Freelancer/Contractors’ histories with the Company
When a Company enters information about a contractor or freelancer in its Company Database, the contractor / freelancer will receive a notification that they have been added to the database.
Each Company shall keep all Contractor, Freelancer or Resource information recorded in its Company database in strict confidence and will not directly or indirectly transfer, disclose, publish, or make available any information to any person, firm, company, consultant, partnership, entity, or other third party outside of the Company without the prior written consent of the Freelancer.
JOBBLISS CANNOT AND DOES NOT CONTROL THE COLLECTION, USE AND DISCLOSURE OF INFORMATION RECORDED BY COMPANIES IN THEIR COMPANY DATABASE.
JOBBLISS IS NOT RESPONSIBLE AND SHALL NOT BE LIABLE FOR ANY UNAUTHORIZED COLLECTION, USE OR DISCLOSURE OF INFORMATION RECORDED BY COMPANIES IN THEIR COMPANY DATABASE.
YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR ANY DAMAGES OR LOSSES SUSTAINED BY YOU OR THIRD PARTIES AS A RESULT OF YOUR USE OF YOUR COMPANY DATABASE.
Access to your COMPANY DATABASE will automatically expire on the expiration date, which is set according to the plan you select when purchasing the subscription. JobBliss reserves the right to terminate access to the COMPANY DATABASE at any time, with or without cause. If JobBliss terminates access to the COMPANY DATABASE with cause (due to a violation of the Terms, or any other supplemental governing contract), you will not receive a refund. If JobBliss chooses to terminate access to the COMPANY DATABASE without cause, you will receive a refund, prorated by the number of days that access was permitted.
13. SPECIFIC TERMS FOR FREELANCERS
The Companies, not JobBliss, are solely responsible for honouring any confirmed bookings and making available any Opportunities posted on the Site and Services. If you, as a Freelancer, choose to enter into a transaction with a Company for the booking of an Opportunity, you agree and understand that you will be required to enter into an agreement with the Company and you agree to accept any terms, conditions, rules and restrictions associated with such Opportunity imposed by the Company. You acknowledge and agree that you, and not JobBliss, will be responsible for performing the obligations of any such agreements, that JobBliss is not a party to such agreements, and that, JobBliss disclaims all liability arising from or related to any such agreements.
As a Contractor, Freelancer or Resource, you represent and warrant that you are legally able to work in the jurisdiction(s) in which you agree to work for any Company. You also represent and warrant that you are not subject to any non-competition or other contractual terms that would prevent you from accepting any particular Opportunity for any particular Company.
14. NO RECRUITERS
You represent and warrant that you are not a recruitment firm, employment agency, headhunter, or any other similar firm, or an employee, contractor, or agent thereof.
15. USER CONDUCT
You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content.
As conditions of your use of the Site and Services, you agree:
- not to violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, employment laws and Tax regulations;
- not to restrict or inhibit any other individual or entity from using the Site or Services, including, without limitation, by means of “hacking” or defacing any portion of the Site;
- not to use the Site or Services for any purposes that are not expressly permitted by these Terms;
- not to infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, personality, publicity or contractual rights;
- not to breach any contract with any third party through use of the Site or Services, or by entering into an agreement with another Member;
- not to reverse engineer, decompile, disassemble, copy, store, reproduce, modify, adapt, translate, distribute, transmit, license, sublicense, display, revise, perform, transfer, sell or otherwise make available to any third party or otherwise publish, deep-link, create derivative works from or exploit in any way the Site or Services except as permitted by us under these Terms;
- not to use any robot, spider, search/retrieval application, or other manual or automatic device, software or process to access, download, retrieve, index, “data mine”, “scrape”, “crawl”, “spider”, or “harvest” any web pages or other services contained in the Site, Services or Collective Content, or in any way reproduce or circumvent the structure or security of the Site, Services or Collective Content;
- not to avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by us or our providers or any other third party to protect and/or secure the Site, Services or Collective Content;
- not attempt to probe, scan, or test the vulnerability of any system or network or breach any security or authentication measures;
- not to use the Site or Services to distribute viruses or malware or other similar harmful software code;
- not to interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
- not to use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
- not to use our Site or Services in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to an Opportunity;
- not to “stalk” or harass any other User of our Site or Services, or collect or store any personally identifiable information about any other User other than for purposes of transacting as a JobBliss Freelancer, Contractor or Resrouce or Company;
- as a Company, not to offer any Opportunities that are not available;
- not to register for more than one JobBliss Account or register for a JobBliss Account on behalf of an individual other than yourself or your company;
- not to contact a Company for any purpose other than asking a question related to a booking, such Company’s Opportunities or Listings;
- not to contact a Freelancer for any purpose other than asking a question related to a booking or such Freelancer’s use of the Site and Services;
- not to recruit or otherwise solicit any Company or other Member to join third party services or websites that are competitive to JobBliss, without JobBliss’s prior written approval;
- not to impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
- not to use automated scripts to collect information or otherwise interact with the Site or Services;
- as a Company, not to submit any Listing with false or misleading information, or submit any Listing you do not intend to honour;
- not to post, upload, publish, submit or transmit any Content that: (i) infringes, misappropriates or violates a third party’s patent rights, copyright, trademark rights, industrial design rights, trade secrets, moral rights or other intellectual property rights, or personality, publicity or privacy rights; (ii) violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; (iii) is fraudulent, false, misleading or deceptive; (iv) is defamatory, obscene, pornographic, vulgar or offensive; (v) promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; (vi) is violent or threatening or promotes violence or actions that are threatening to any other person; or (vii) promotes illegal or harmful activities or substances;
- not to systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
- not to use, display, mirror or frame the Site or Services, or any individual element within the Site, Services, JobBliss’s name, any JobBliss trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page, without JobBliss’s express written consent;
- not to access, tamper with, or use non-public areas of the Site or Services, JobBliss’s computer systems, or the technical delivery systems of JobBliss’s providers;
- not to forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services, or Collective Content to send altered, deceptive or false source-identifying information;
- not to advocate, encourage, or assist any third party in doing any of the foregoing;
- that you are solely responsible for all costs and expenses you may incur in relation to your use of the Site or Services; and
- that you are solely responsible for keeping your password and other account details confidential.
JobBliss may investigate violations of any of the above and may involve and cooperate with law enforcement authorities in prosecuting users who violate these Terms. You acknowledge that JobBliss has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating the Site and Services, to ensure your compliance with these Terms, or to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body. JobBliss reserves the right, at its sole discretion, at any time and without prior notice, to remove or disable access to any Collective Content that JobBliss, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site or Services.
If you do not comply with any part of these Terms or any applicable law, JobBliss reserves the right, at its sole discretion, to suspend or terminate your JobBliss Account and your access to the Site and Services.
16. PROPRIETARY RIGHTS
JobBliss Site, Services and Intellectual Property
All rights, title and interest in and to the Site and underlying computer programs and software, Services and JobBliss Content, including, but not limited to, all copyright, trademark rights, industrial design rights, patent rights, trade secrets and all other intellectual property rights, whether registered or unregistered anywhere in the world, are owned by JobBliss and/or our licensors. JobBliss and/or our licensors reserve all rights, title and interest in and to the Site and underlying computer programs and software, Services and JobBliss Content.
JobBliss and JobBliss design marks and the related words and logos are our trademarks or trade names. Nothing in these Terms or on the Site should be construed as granting any licence or right for you to use any such marks or names in any way. We expressly reserve all our trademark rights.
The names of other companies, products, and services referred to on the Site may be trademarks or trade names of their respective owners, and any unauthorized use of the same is strictly prohibited.
The Site, including, but not limited to, any text, images, photographs, graphics and any other materials, the arrangement of the foregoing, the look and feel of the Site, and the computer programs and software for the Site are protected by copyright. JobBliss either owns the copyright in and to the Site, the arrangement of the Site, the look and feel of the Site, and the computer programs and software for the Site, or has acquired the appropriate licenses, assignments or permissions to use them. JobBliss hereby expressly reserves all copyright in and to the Site, the arrangement of the Site, the look and feel of the Site, and the computer programs and software for the Site.
Nothing in these Terms grants you any rights in the Site or Services, other than as necessary to enable you to access and use the Site or Services in compliance with these Terms.
You shall not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise, except for the licenses and rights expressly granted in these Terms.
Subject to your compliance with the terms and conditions of these Terms, JobBliss grants you a limited, revocable, non-exclusive, non-transferable, non-sublicensable licence, to access and view any JobBliss Content solely for the purpose of the Services. You have no right to sub-license the licence rights granted in this section.
JobBliss may, in its sole discretion, permit Members to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to JobBliss a worldwide, irrevocable, perpetual, non-exclusive, transferable, sub-licensable, royalty-free licence to use, view, produce and reproduce in any material form whatever, translate, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, and otherwise exploit such Member Content on, through, or by means of the Site and Services. JobBliss does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.
You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent, warrant and covenant on a continuing basis that: (i) you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licences, consents and releases that are necessary to grant to JobBliss the rights in such Member Content, as contemplated under these Terms; and (ii) neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or JobBliss’s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights, industrial design rights, or other proprietary or intellectual property rights, or rights of publicity, personality or privacy, or result in the violation of any applicable law or regulation.
JobBliss respects copyright law and expects its users to do the same. JobBliss may, without notice, suspend or terminate the JobBliss Accounts of Members or other account holders who infringe or are believed to be infringing the rights of copyright holders. Upon such suspension or termination, you will not be entitled to any refund of any kind.
17. TERMINATION AND JOBBLISS ACCOUNT CANCELLATION
Our Terms will remain in full force and effect while you use the Site and Services, and/or have an account with us.
We may, in our sole discretion and without liability to you, with or without cause, with or without prior notice and at any time: (i) terminate these Terms or your access to our Site and Services; and (ii) deactivate or cancel your JobBliss Account. Upon termination of your access to our Site and Services or deactivation/cancellation of your JobBliss Account, we will promptly pay you any amounts we reasonably determine we owe you in our discretion, which we are legally obligated to pay you. In the event JobBliss terminates these Terms, or your access to our Site and Services or deactivates or cancels your JobBliss Account you will remain liable for all amounts due hereunder. You may cancel your JobBliss Account at any time by sending an email to [email protected]. Please note that if your JobBliss Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site or Services, including, but not limited to, any reviews or feedback.
The “Disclaimers” and “Exclusion of liability and indemnity” Terms will survive termination of your membership.
18. THIRD-PARTY LINKS
The Site and Services may contain hyperlinks or references to third-party websites, resources or applications that are not owned or controlled by us. Any hyperlinks or references are provided for your convenience only. You acknowledge and agree that JobBliss is not responsible or liable for: (i) the availability or accuracy of such websites, resources or applications; or (ii) the content, products, or services on or available from such websites, resources or applications. Links to such websites or resources do not imply any endorsement by JobBliss of such websites, resources or applications, or the content, products, or services available from such websites, resources or applications. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites, resources or applications, or the content, products or services on or available from such websites, resources or applications.
Your use of third-party websites, resources or applications hyperlinked or referenced on the Site and Services is governed by the terms and conditions of each particular third-party website, resource or application. You are responsible for identifying and understanding those terms and conditions and complying with them.
19. NETWORK ACCESS AND DEVICES
You are responsible for obtaining the data network access necessary to use the Site and Services. Your mobile network’s data and messaging rates and fees may apply if you access or use the Site and Services from a wireless-enabled device. You are responsible for acquiring and updating compatible hardware or devices necessary to access and use the Site and Services. We do not guarantee that the Site or Services, or any portion thereof, will function on all hardware or devices. In addition, the Site and Services may be subject to malfunctions and delays inherent in the use of the Internet and electronic communications for which we are not responsible.
YOU AGREE TO ASSUME TOTAL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE AND SERVICES.
YOU SHOULD NOT RELY ON THE SITE OR SERVICES IN ANY WAY FOR MAKING PERSONAL, BUSINESS, LEGAL OR OTHER DECISIONS REGARDING WORK OR EMPLOYMENT, OR FOR ANY OTHER PURPOSE.
YOU ACKNOWLEDGE AND AGREE THAT JOBBLISS DOES NOT HAVE AN OBLIGATION TO CONDUCT ANY CHECKS OR DUE DILIGENCE OF ANY KIND, INCLUDING, WITHOUT LIMITATION, BACKGROUND CHECKS ON ANY USER, INCLUDING, BUT NOT LIMITED TO, FREELANCERS AND COMPANIES, BUT MAY CONDUCT SUCH CHECKS OR DUE DILIGENCE IN ITS SOLE DISCRETION AND WITHOUT LIABILITY.
COMPANIES SHOULD CONDUCT THEIR OWN DUE DILIGENCE TO DETERMINE WHETHER ANY PARTICULAR CONTRACTOR, FREELANCER OR RESOURCE IS SUITABLE FOR ANY PARTICULAR PURPOSE, WHETHER FOR A PARTICULAR OPPORTUNITY OR OTHERWISE. FREELANCERS, CONTRACTORS AND RESOURCES SHOULD CONDUCT THEIR OWN DUE DILIGENCE TO DETERMINE WHETHER ANY PARTICULAR COMPANY, LISTING OR OPPORTUNITY IS APPROPRIATE AND SUITABLE FOR THEM.
YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE AND SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY COMPANIES OR FREELANCERS, CONTRACTORS OR RESOURCES. YOU UNDERSTAND THAT JOBBLISS DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY OPPORTUNITIES. JOBBLISS MAKES NO REPRESENTATIONS, WARRANTIES, OR CONDITIONS AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, FREELANCERS, CONTRACTORS, RESOURCES AND COMPANIES, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY JOBBLISS.
JOBBLISS EXPLICITLY DISCLAIMS ALL LIABILITY FOR ANY ACT, OMISSION OR MISREPRESENTATION OF ANY USER, INCLUDING FREELANCERS, CONTRACTORS, RESOURCES, COMPANIES OR OTHER THIRD PARTIES.
WE ARE NOT YOUR FIDUCIARY OR YOUR ADVISOR. NO INFORMATION AVAILABLE THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT IS INTENDED TO BE OR SHOULD BE CONSTRUED AS ADVICE, RECOMMENDATIONS, OR ENDORSEMENTS.
JOBBLISS CANNOT AND DOES NOT CONTROL THE CONTENT CONTAINED IN ANY LISTINGS AND THE CONDITION, LEGALITY OR SUITABILITY OF ANY OPPORTUNITIES. JOBBLISS IS NOT RESPONSIBLE FOR AND DISCLAIMS ANY AND ALL LIABILITY RELATED TO ANY AND ALL LISTINGS AND OPPORTUNITIES. ACCORDINGLY, ANY BOOKINGS WILL BE MADE AT THE CONTRACTOR’S, RESOURCES, FREELANCER’S AND COMPANY’S OWN RISK.
THE SITE, SERVICES AND COLLECTIVE CONTENT ARE PROVIDED STRICTLY ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE. WITHOUT LIMITING THE FOREGOING, JOBBLISS EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS OF: (I) QUALITY, MERCHANTABILITY, OR FITNESS OF THE SITE, SERVICES OR COLLECTIVE CONTENT FOR A PARTICULAR PURPOSE; (II) NON-INFRINGEMENT; OR (III) CORRECTNESS, ADEQUACY, ACCURACY, RELIABILITY, COMPLETENESS OR CURRENCY OF THE SITE, SERVICES OR COLLECTIVE CONTENT. JOBBLISS ALSO EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES, GUARANTEES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. JOBBLISS MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT THE SITE, SERVICES AND COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY OPPORTUNITIES WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS, THAT ANY DEFECTS OR ERRORS WITH THE SITE, SERVICES OR COLLECTIVE CONTENT WILL BE CORRECTED, OR THAT THE SITE AND THE SERVER(S) THAT MAKE IT AVAILABLE ARE FREE FROM VIRUSES, MALWARE OR OTHER SIMILAR HARMFUL SOFTWARE CODE.
JOBBLISS MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION REGARDING THE QUALITY OF ANY LISTINGS, OPPORTUNITIES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE OR SERVICES.
JOBBLISS MAKES NO REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION THAT INFORMATION RECORDED AND STORED IN THE COMPANY DATABASE WILL REMAIN SECURE.
JOBBLISS SHALL NOT BE RESPONSIBLE FOR LOSS, DISTORTION OR DISCLOSURE OF INFORMATION PROVIDED ON THE SITE, OR RECORDED BY COMPANIES IN THEIR COMPANY DATABASE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM JOBBLISS OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY REPRESENTATION, WARRANTY, GUARANTEE OR CONDITION NOT EXPRESSLY MADE HEREIN.
FURTHERMORE, JOBBLISS DOES NOT REPRESENT, WARRANT, GUARANTEE OR CONDITION THAT ANY PRODUCTS OR SERVICES ORDERED THROUGH THIRD PARTIES LOCATED THROUGH LINKS IN THE SITE WILL BE AVAILABLE OR MEET ANY PARTICULAR STANDARD.
21. EXCLUSION OF LIABILITY AND INDEMNITY
YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE AND SERVICES REMAINS WITH YOU.
JOBBLISS AND ITS OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, SUCCESSORS, ASSIGNS, INDEPENDENT CONTRACTORS AND AGENTS, AND ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE SITE, SERVICES OR JOBBLISS CONTENT SHALL NOT BE LIABLE, DIRECTLY OR INDIRECTLY, FOR ANY DAMAGES OF WHATEVER NATURE AND HOWEVER ARISING, INCLUDING, BUT NOT LIMITED TO, GENERAL, SPECIAL, AGGRAVATED, INCIDENTAL, EXEMPLARY, PUNITIVE, AND INDIRECT OR CONSEQUENTIAL DAMAGES, LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF PROFITS OR OTHER ECONOMIC LOSSES, LOSS OF GOODWILL, LOSS OF BUSINESS OR BUSINESS OPPORTUNITIES, LOSS OF FUTURE PROFITS OR OTHER FUTURE ECONOMIC LOSSES, LOSS OF EMPLOYMENT, LOSS OF EMPLOYMENT OPPORTUNITIES, LEGAL COSTS, SERVICE INTERRUPTION, COMPUTER DAMAGE, SYSTEM FAILURE, THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS UNDER ANY WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, OR YOUR USE OF THE SITE, SERVICES OR COLLECTIVE CONTENT.
IN NO EVENT WILL JOBBLISS’S AGGREGATE LIABILITY ARISING OUT OF OR IN CONNECTION WITH THESE TERMS AND YOUR USE OF THE SITE, SERVICES OR COLLECTIVE CONTENT EXCEED ONE HUNDRED DOLLARS ($100) WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER THEORY, AND WHETHER OR NOT JOBBLISS HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
THE LIMITATIONS OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN JOBBLISS AND YOU.
You shall release, defend, indemnify, and hold JobBliss and its affiliates and subsidiaries, and their officers, directors, shareholders, employees, successors, assigns, independent contractors and agents, harmless from and against any and all claims, demands, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with (i) your access to or use of the Site, Services, or Collective Content or your violation of these Terms; (ii) your Member Content; (iii) your (a) interaction with any User; (b) creation of a Listing; (c) the booking of an Opportunity by you, including, but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of an Opportunity; and (d) your breach of these Terms.
If any provision of the Terms is found or held to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from the Terms. Such a determination shall not affect the validity and enforceability of any other remaining provisions in the Terms.
24. ENTIRE AGREEMENT
These Terms constitute the entire and exclusive understanding and agreement between JobBliss and you regarding the Site, Services, Collective Content, and any bookings or Listings of Opportunities made via the Site or Services, and these Terms supersede and replace any and all prior oral or written understandings or agreements between JobBliss and you regarding bookings or listings of Opportunities, the Site, Services, and Collective Content EXCEPT with regard to any fee agreements made between a Company and JobBliss.
25. REPORTING MISCONDUCT
In connection with your use of the Site, Services, or Collective Content, if you encounter anyone who you feel is acting or has acted inappropriately you can report that activity to us at [email protected]; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you.
You may not assign or transfer these Terms, by operation of law or otherwise, without JobBliss’s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. JobBliss may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their respective heirs, administrators, executors, legal personal representatives, successors and permitted assigns.
Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by JobBliss (i) via email (in each case to the address that you provide); or (ii) by posting to the Site. For notices made by email, the date of receipt will be deemed the date on which such notice is transmitted.
28. GOVERNING LAW
This Agreement is governed by and interpreted and enforced in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. Each party irrevocably attorns and submits to the jurisdiction of the Ontario courts situated in the City of Toronto and waives objection to the venue of any proceeding in such court or that such court provides an inconvenient forum.
29. CONTACT US
If you have any questions about these Terms, please contact JobBliss at [email protected].