AGREEMENT BETWEEN USER AND North West LHIN

This Web Site is comprised of various Web pages operated by North West LHIN. This Web Site is offered to you conditional on your acceptance without modification of the terms, conditions, and notices contained herein. Your use of this Web Site constitutes your agreement to all such terms, conditions, and notices. If you do not abide by these Terms and conditions, you should not use this Site or up-load any content to 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 North West LHIN. In case of inconsistency between these Terms and Conditions and any other agreement you may have with North West LHIN, the other agreement shall prevail, but only to the extent of the inconsistency.

MODIFICATION OF THESE TERMS AND CONDITIONS

North West LHIN reserves the right, in its sole discretion, to change any part of these terms, conditions, and notices in whole or in part, at any time. Changes will be effective when notice of such change is posted at the Site. Please check these Terms and Conditions frequently for updates by checking the date of the posting. Your continued use of this Site or up-loading or use of Content from it after any such changes are posted will constitute acceptance of those changes.

MODIFICATIONS TO THIS SITE

North West LHIN 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) removing, adding modifying otherwise changing any Content on or from this Site; or (iii) imposing limits on certain features and services or restriction your access to parts or all of this Site without notice or liability for any reason whatsoever. North West LHIN 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.

 

 

PERMITTED OR PROHIBITED USES

This Site may be used only for lawful purposes by individuals seeking employment and career information; LHIN employees seeking work related information or by LHIN Human Resources recruitment personnel. You agree to use this 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, North West LHIN grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and its contents for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) 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; (ii) transfer the Content to any other person without the written consent of North West LHIN; (iii) print or copy any of the HTML or other computer programs that are accessible at this Site; (iv) use this Web Site in any manner, which could damage, disable, overburden, or impair the Web Site or interfere with any other party’s use and enjoyment of the Web Site;(v) 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; (vi) 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 Sites infrastructure; (vii) 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; (ix) use or attempt to use another’s account, password, service, system or other information without prior written authorization from North West LHIN; create or use false identity on this Site; (x) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xi) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xii) harvest or collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xiii) 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 up-front 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 offense, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation a North West LHIN employee or agent, an authorized user of this Site, 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 or solicit business from recruiters who post on this 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 of Canada and Ontario that may apply to your use of or activities on this Site or in respect of the materials and content. North West LHIN will investigate events which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

North West LHIN reserves the right at all times to disclose any materials provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any materials in whole or in part, that in North West LHINs sole discretion is objectionable or in violation of these Terms and Conditions.

MATERIALS PROVIDED TO LHIN OR POSTED AT ANY Web Site

North West LHIN does not claim ownership of the materials you provide to North West LHIN (including feedback and suggestions) or post, upload, input or submit to any Web Site or its associated services (collectively "Submissions").

By posting, uploading, inputting, providing or submitting your Submission you warrant and represent that you own or otherwise control all of the rights to your Submission as described in this section including, without limitation, all the rights necessary for you to provide, post, upload, input or submit the Submissions.

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 North West LHIN of any unauthorized use of your registration or password.

AGREEMENT TO PRIVACY POLICY

You agree to abide by the North West LHIN privacy policy, a copy of which is accessible from the home page of this Site.

DISCLAIMER

You acknowledge that any use of or reliance on this Site or any content shall be at your own risk. North West LHIN makes no representation or warranty of any kind regarding the Site and/or the content. North West LHIN EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHATABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN THE LAWS OF CANADA AND/OR ONTARIO OR FROM A COURSE OF DELAING OR USAGE OF TRADE. North West LHIN 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 candidates to post resumes, review job opportunities and for employees to review and post information.

For any users from outside of the Province of Ontario or outside of Canada the laws of Canada and Ontario are the only laws applicable to this site. In the event of a claim the governing jurisdiction will be the applicable laws of Ontario and/or Canada.

You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, or other materials placed by you, as applicable on the Site.

LIABILITY DISCLAIMER

The information, software, products and services included in or available through the web site for LHIN employees may include inaccuracies or typographical errors. Changes are periodically added to the information herein. North West LHIN and/or its suppliers may make improvements and/or changes in the web site at any time. Advice received via the web site should not be relied upon for personal, medical, legal or financial decisions and you should consult an appropriate professional for specific advice tailored to your situation. North West LHIN and/or its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services and related graphics contained on the web site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services and related graphics are provided “as is” without warranty or condition of any kind. North West LHIN and/or its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title and non-infringement. To the maximum extent permitted by applicable law, in no event shall North West LHIN and/or its suppliers be liable for any direct, indirect, punitive, incidental, special consequential damages or any damages whatsoever including, without limitation, damages for loss of use, data or profits, arising out of or in any way connected with the use or performance of the web site, with the delay or inability to use the web site or related services, the provision of or failure to provide services, or for any information, software, products, services and related graphics obtained through the web site, or otherwise arising out of the use of the web site, whether based on contract, tort, negligence, strict liability or otherwise, even if North West LHIN or any of its suppliers has been advised of the possibility of damages.

INDEMNITY

You agree to defend, indemnify and hold harmless the North West LHIN and/or its suppliers and each of their officers, directors, employees and agents, including all third parties mentioned oat 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.

CHOICE OF LAW

This site is controlled, operated and administered by North West LHIN from its offices within Canada. North West LHIN 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 laws. 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 Ontario, 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, claim, or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suite or proceeding.

ARBITRATION

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 privacy and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended , replaced or re-enacted from time to time. 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 intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

TERMINATION/ACCESS RESTRICTION

North West LHIN reserves the right, in its sole discretion, to terminate your access to this Web Site and the related services or any portion thereof at any time, without notice. Use of the Web Site is unauthorized in any jurisdiction that does not give effect to all provisions of these terms and conditions, including without limitation this paragraph. You agree that no joint venture, partnership, employment, or agency relationship exists between you and North West LHIN as a result of this agreement or use of the Web Site. North West LHIN’s performance of this agreement is subject to existing local laws and legal process, and nothing contained in this agreement is in derogation of North West LHIN’s right to comply with governmental, court and law enforcement requests or requirements relating to your use of the Web Site or information provided to or gathered by North West LHIN with respect to such use.

If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision and the remainder of the agreement shall continue in effect.

Unless otherwise specified herein, this agreement constitutes the entire agreement between the user and North West LHIN with respect to the Web Site and it supersedes all prior or contemporaneous communications and proposals, whether electronic, oral or written, between the user and North West LHIN view with respect to the Web Site.

A printed version of this agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish to the parties that this agreement and all related documents be drawn up in English.

ADDITIONAL TERMS OF USE

 

Certain areas of this Site may be subject to additional terms of use. By suing such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such area.