Terms and Conditions of Use
Welcome to CAPIC Connect Classifieds. These Terms and Conditions of Use (the “Terms ”) are between you and the Canadian Association of Professional Immigration Consultants (“CAPIC ”) and describe the terms on which CAPIC offers you, either an individual or entity wishing to post a job on the CAPIC Connect Classifieds (“Employer ”) or an individual or entity wishing to view the posted jobs (“Candidate ”), (collectively or individually, “you ”), use of the CAPIC Connect Classifieds.
The CAPIC Connect Classifieds are made available by CAPIC solely under these Terms. By using and accessing the Services (as defined below), you agree to be bound by these Terms and you may access and use the Services only on the condition that you read and accepts these Terms.
Services
CAPIC Connect Classifieds (the “Services ”) are provided and administered by CAPIC for the professional benefit of its members. It is a place for members of CAPIC to connect with potential employers who need services and may have the intention of hiring CAPIC members. Employers submit information regarding available jobs to CAPIC for it to be shared on CAPIC Connect Classifieds (“Job Posting ”). CAPIC does not review or approve the content of the Job Posting other than as set out in these Terms and does not participate in the communication between Employers and Candidates.
Eligibility
To be eligible to use the Services, you must meet the following criteria and represent and warrant that you: (i) are 18 years of age or older; (ii) have full power and authority to enter into these Terms; and (iii) will not violate any rights of CAPIC, including intellectual property rights.
Any Employer wishing to use the Services must meet the following criteria and represents and warrants to CAPIC that: (i) they are an individual with the capacity to hire employees or an organization in good standing that is eligible to hire employees; (ii) the text provided for the Job Posting is for posting on the “Classifieds” section of CAPIC’s members-only portal, CAPIC Connect; (iii) the individual listed in the contact point section is authorized to post the Job Posting on their behalf; and (iv) the content of the Job Posting is not in breach of any provincial or federal laws in Canada.
Job Posting
An Employer is an individual or organization, or other legal entity, which is seeking candidates for consideration for a job. An Employer must share the following identifying information as part of the Job Posting: Employer legal name, Employer business name, address and the name, title, email address and phone number of a contact person. The Employer must also provide the following information regarding the Job Posting: title, requirements, duties, form of employment (full-time/part-time/contract/other), and whether the job will be performed remotely, on site, or in a hybrid manner. Finally, the Employer will indicate how long a Job Posting should remain on the CAPIC Connect Classifieds (the maximum period of 30 days will be selected if none specified). CAPIC will review the information submitted by the Employer for compliance with these Terms and, subject to CAPIC’s approval, publish completed Job Postings on the CAPIC Connect Classifieds. CAPIC will then notify Candidates that a Job Posting has been published.
As between CAPIC and the Employer, the Employer own the rights in the information they provide and may request its deletion at any time. The Employer agrees that they will not: (i) submit material that is copyrighted, protected by trade secret or otherwise subject to third party proprietary rights, including privacy and publicity rights, unless they are the owner of such rights or have permission from their rightful owner to post the material and to grant CAPIC all of the license rights granted herein; (ii) submit falsehoods or misrepresentations; (iii) submit material that is unlawful, obscene, defamatory, libelous, threatening, pornographic, harassing, hateful, racially or ethnically offensive, or encourages conduct that would be considered a criminal offense, give rise to civil liability, violate any law, or is otherwise inappropriate; (iv) post advertisements or solicitations of business: (v) impersonate another person. CAPIC is not responsible for and does not endorse any Job Posting or any opinion, recommendation, or advice expressed therein, and CAPIC expressly disclaims any and all liability in connection with all Job Postings. CAPIC does not intend to allow copyright infringing activities and infringement of intellectual property rights on the CAPIC Connect Classifieds, and CAPIC reserves the right to remove Job Postings if properly notified that such submission infringes on the intellectual property rights of a third party. CAPIC may terminate access to the Services if an Employer is determined to be a repeat infringer. CAPIC also reserves the right to decide whether the content of a Job Posting is appropriate and complies with the Terms. Job Postings containing pornography, obscene, hateful, harmful or defamatory material, or submissions of excessive length are prohibited. CAPIC may terminate access for uploading such material in violation of the Terms at any time, without prior notice and at its sole discretion. CAPIC may remove any Job Posting, for any reason, at any time, without prior notice and at its sole discretion.
The content of the Job Posting is the sole responsibility of the Employer that prepares it. CAPIC does not make any warranty as to the accuracy, completeness, truthfulness, or reliability of the Job Postings. Candidates are encouraged to practice due diligence before reaching any contractual agreements with any Employer. Any employment arrangement/business activity entered between the Employer and a Candidate as a result of a Job Posting is proprietary, private business activity and does not involve CAPIC in any way.
License
The Employer hereby grants CAPIC a non-exclusive, irrevocable, worldwide, perpetual, unlimited, assignable, sublicensable, royalty-free right to use copy, prepare derivative works, improve, distribute, publish, remove, retain, add, process, analyze any information that is provided.
Use and Accuracy of Information
Although CAPIC endeavours to ensure that all the information on the CAPIC Connect Classifieds is correct; CAPIC neither warrants nor makes any representations regarding the accuracy or completeness of any data or information contained therein. The material and information on the CAPIC Connect Classifieds is not provided for the purpose of professional or legal advice.
Relationship
The information provided on the CAPIC Connect Classifieds is for information purposes only. The use of the Services does not create a client or other advisory relationship between you, either as an Employer or a Candidate, and CAPIC.
Intellectual Property
The material and information on the CAPIC Connect Classifieds, including without limitation, all texts, designs, images, photographs and other information, are protected under Canadian and other copyright laws. All material within the CAPIC Connect Classifieds is the property of CAPIC and/or its affiliates, licensors, suppliers, representatives or agents. CAPIC grants you a limited licence to display or print the CAPIC Connect Classifieds content for your own personal non-commercial use only. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell these materials in any form or manner without the express written permission of the owner(s) of the material. CAPIC does not warrant or represent that your use of materials displayed on, or obtained through, the CAPIC Connect Classifieds will not infringe the rights of third parties.
The CAPIC logo is a trademark of CAPIC and/or its affiliates. All other trademarks are trademarks or registered trademarks of their respective owners and may not be used without their prior written consent. Nothing in these Terms grants you any right to use any trademark, logo, and/or trade name of CAPIC or its licensors, suppliers, representatives or agents.
Links to Third Party Websites
The CAPIC Connect Classifieds may contain links to other websites or resources. CAPIC neither controls nor endorses such other websites, unless specifically stated, nor has CAPIC reviewed or approved any content that appears on such other websites. You acknowledge and agree that CAPIC shall not be held responsible for the legality, accuracy, or inappropriate nature of any content, advertising, products, services, or information located on or through any other websites, nor for any loss or damages caused or alleged to have been caused by the use of or reliance on any such content.
Warranty Disclaimer
The CAPIC Connect Classifieds and its content are provided on an "as is" and "as available" basis. You expressly agree that, subject to applicable law, the use of the Services, the CAPIC Connect Classifieds and/or its content, and any communications between a Candidate and an Employer as well as any process with respect to potential or resulting employment between these parties, is at your sole risk. CAPIC expressly disclaims any representation or warranty that CAPIC Connect will be free from errors, viruses or other harmful components, that communications to or from the CAPIC Connect Classifieds will be secure and not intercepted, that the Services and other capabilities offered from the CAPIC Connect Classifieds will be uninterrupted, or that its content will be accurate, complete, adequate or timely. Any material downloaded is at your own risk and you will be solely responsible for any damage to your computer system or loss of data that results from the download of any such material. CAPIC, its affiliates, and their respective officers, directors, employees, affiliates, suppliers, advertisers, representatives and agents disclaim all warranties and conditions, express, implied, legal or statutory, including, but not limited to, implied warranties of title, quality, non-infringement, merchantable quality and fitness for a particular purpose. You assume total responsibility and risk for your use of the Services, the CAPIC Connect Classifieds and your reliance thereon.
Liability Disclaimer
Without limiting the foregoing, CAPIC expressly excludes (and you hereby release CAPIC from) any liability for any of the following: (a) fraud by any user of the Services, the CAPIC Connect Classifieds or third party; (b) any misrepresentation by a third party (whether innocent or fraudulent) made in respect of the Services or the CAPIC Connect Classifieds; (c) any failure by CAPIC to ensure that it does not breach any copyright or other intellectual property right of any third party; (d) any link on the CAPIC Connect Classifieds to any other website; (e) loss or damage caused by delay or errors in or the downtime of the CAPIC Connect Classifieds (or servers) or resulting from interruption, termination, or failed operation of the Internet or a third-party telecommunication service, even if CAPIC has been advised of the possibility of such loss or damage; and (f) any claim or issue arising from the content of the Job Postings; provided that nothing in these Terms is intended to limit or exclude any liability on the part of CAPIC where and to the extent that applicable law prohibits such exclusion or limitation. CAPIC, and its affiliates, licensors, suppliers, advertisers, agents or sponsors, are not responsible or liable for any indirect, incidental, consequential, special, exemplary, punitive or other damages under any contract, negligence, tort, extra-contractual liability, strict liability or other theory arising out of or relating in any way to the Services, the CAPIC Connect Classifieds and/or content of the CAPIC Connect Classifieds.
Personal Information
To the extent any personal information is collected, used or disclosed by CAPIC through the Services, such collection and use of personal information is subject to the Privacy Policy available by clicking on the following link: Privacy Policy. By agreeing to these Terms, you consent to the collection, use and disclosure of personal information as set forth in the Privacy Policy.
Applicable Law
These Terms are governed by the laws of the Province of Ontario and the laws of Canada applicable therein. The parties irrevocably attorn to the exclusive jurisdiction of the federal and provincial courts in Toronto, Ontario, Canada in relation to disputes arising in connection with these Terms. This provision shall apply to the maximum extent permitted by applicable laws.
General
CAPIC reserves the right to terminate or suspend access to the Services and/or to terminate or amend these Terms at any time without notice and for any reason whatsoever. CAPIC reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in its sole discretion. If any provision of these Terms is held to be unenforceable for any reason, such provision shall be severed from these Terms and the remaining provisions shall remain in full force and effect. The failure of CAPIC to act with respect to a breach of these Terms by you or others does not constitute a waiver and shall not limit CAPIC with respect to such breach or any subsequent breaches. You acknowledge that you have been provided with a French version of these Terms and all documents related thereto and that you have expressly opted to enter into the English version. L’utilisateur reconnaît qu’il a reçu une version française de ces modalités d’utilisation et tous les documents y afférant et que l’utilisateur a choisi d’être lié par la version en langue anglaise.
Questions regarding these Terms should be directed to the following email address: stakeholders@capic.com.
When you click on the “I ACCEPT” button below, you acknowledge that you have read, understood, and agree to be bound by these Terms concerning your use of the Services and the CAPIC Connect Classifieds.