TERMS OF USE OF SITE

Please read these Terms of Use carefully before using this Site. 

Last Updated: July 2, 2009

This web site (this "Site") is provided by www.childcareadvantage.ca for your use conditional on your acceptance of the Terms of Use of use set forth below (the "Terms of Use").

www.childcareadvantage.ca makes available through the Site information, documents, data, text, images, messages, products, software and other materials (collectively, the “Materials”). You agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms of Use for each use and each visit of this Site. If you do not agree to abide by these Terms of Use, you are forbidden to use this Site or download or use Materials from it. These Terms of Use 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 www.childcareadvantage.ca. In case of inconsistency between these Terms of Use and any other agreement you may have with www.childcareadvantage.ca, this agreement shall prevail, but only to the extent of the inconsistency.

1. Changes to Terms of Use
www.childcareadvantage.ca has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms of Use, including the Privacy Policy, in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms of Use frequently for updates by checking the date of "Last Update" at the top of this document. Your use of the Site will be subject to the most current version of the Terms of Use posted on the Site at the time of such use. 

If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Materials from it after any such changes are posted will constitute acceptance of those changes.

2. Payment Agreement
Job Seekers use the site for free. 

For employers, payment to www.childcareadvantage.ca for use of www.childcareadvantage.ca is due based on these agreed terms.
Invoices will be sent via email within 24 hours of the purchase of job postings.  Accounts are in default if payment is not received within 30 days after date of invoice. If your payment is returned to us unpaid you are immediately in default and subject to a returned cheque charge of $25 from www.childcareadvantage.ca.

Accounts unpaid 45 days after date of invoice may have their service interrupted. Such interruption does not relieve you from the obligation to pay the monthly charge.
Accounts in default are subject to a monthly interest charge of the lesser of 1.5% per a month, or the maximum rate permitted by law on the outstanding balance, plus one time $5 late payment fee. 

Customer agrees to pay www.childcareadvantage.ca its reasonable expenses, including legal and collection fees incurred by enforcing its rights under these Terms of Use.

3. Changes to this Site
www.childcareadvantage.ca may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site; all without notice or liability for any reason whatsoever. www.childcareadvantage.ca 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.

4. Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking employment and career information ("Candidates"), and by employers ("Employers") and recruitment companies ("Recruiters") seeking employees. You agree to use the Site only to post and send information (the “Content”) and receive Materials that are proper and related to purpose of the Site.

Subject to these Terms of Use, www.childcareadvantage.ca grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials 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 Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of www.childcareadvantage.ca; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from www.childcareadvantage.ca; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

You may post certain Content to the Site. You may only post Content for the lawful, stated purposes of this Site. You agree, that in posting Content, 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 Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (v) impersonate any person or entity, including without limitation a www.childcareadvantage.ca employee or agent, an authorized user of www.childcareadvantage.ca Services, a Candidate, an Employer or a Recruiter, or otherwise misrepresenting your affiliation with any person or entity; (vi) post opinions, notices or advertisements, commercial or otherwise or solicit business from Recruiters or Employers who post on the Site, including any solicitation by any of our competitors of Recruiters or Employers who post on the Site.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. www.childcareadvantage.ca will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

www.childcareadvantage.ca reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in www.childcareadvantage.ca sole discretion is objectionable or in violation of these Terms of Use.

5. Registration and Password
www.childcareadvantage.ca grants you a personal, non-transferable and non-exclusive right and license to use the Services by providing the user a user name and password to a single person. You agree not to provide any other individual access to www.childcareadvantage.ca via your login information.
You are responsible for maintaining the confidentiality of your user name and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify www.childcareadvantage.ca of any unauthorized use of your registration or password.

You agree that www.childcareadvantage.ca, in its sole discretion, may at any time terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, at the end of your subscription period or if www.childcareadvantage.ca believes that you have violated or acted inconsistently with the letter or spirit of the Terms of Use. www.childcareadvantage.ca may also in its sole discretion and at any time discontinue providing the Service. The limitations and disclaimers of warranties, and the indemnity obligations, and the provisions of governing law, jurisdiction and venue, shall survive any such termination.

6. Proprietary Rights
You acknowledge and agree that the Site and any necessary software used in connection with the Site contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Site or advertisers, is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by www.childcareadvantage.ca or advertisers, you agree not to decompile, reverse engineer, modify, rent, lease, loan, sell, distribute or create derivative works based on the Site, in whole or in part or otherwise attempt to discover the source code of any of the software available on or through the Site. Except as otherwise indicated elsewhere on this Site, you may view, download, modify and print the materials available on the Site provided that: your registration is in good standing and you are in compliance with these Terms of Use; you may not remove any copyright, trademark or other proprietary notices contained in the materials; and the rights granted to you constitute a limited license and not a transfer of title.

7. Links and Third Party Content
This Site contains links to third-party Web sites that are not under the control of www.childcareadvantage.ca. www.childcareadvantage.ca makes no representations whatsoever about any other Web site to which you may have access through this Site. www.childcareadvantage.ca provides these links merely as a convenience and the inclusion of such links does not imply that www.childcareadvantage.ca endorses or accepts any responsibility for the content or uses of such Web sites.  If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

www.childcareadvantage.ca is not responsible for the contents of any such linked page or any other page not under its control. www.childcareadvantage.ca makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that www.childcareadvantage.ca sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of www.childcareadvantage.ca.

8. Agreement to Privacy Policy
You agree to abide by www.childcareadvantage.ca Privacy Policy, which is incorporated by reference into these Terms of Use.

9. Disclaimers
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. www.childcareadvantage.ca. makes no representation or warranty of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. WWW.CHILDCAREADVANTAGE.CA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. CANADIAN SITTER INC. DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.

Not limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a byline, identification of publication source, or any other sort of third-party identifier is provided by third parties on an "As Is" basis, and www.childcareadvantage.ca does not review it. www.childcareadvantage.ca and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using this Site. The Ontario Legal Q&A and the Québec Legal Q&A provide information only about the laws in force in their respective provinces and do not provide information about the laws in force in any other Canadian province nor in any other jurisdiction. It is not intended to be legal advice of any kind. No one should act, or refrain from acting, based solely upon this or other general information without first seeking appropriate legal or other professional advice.

This Site acts as a venue, among other things, for Recruiters and Employers to post job opportunities and Candidates to post resumes.

www.childcareadvantage.ca does not screen or censor the listings offered. As a result, www.childcareadvantage.ca has no control over the quality, safety or legality of the jobs or resumes posted, the truth or accuracy of the listings, the ability of Recruiters or Employers to offer job opportunities to Candidates or the ability of Candidates to fill job openings. In addition, there may be risks, including but not limited to risk of physical harm of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing with other users with whom you come in contact through the Site.

Because user authentication on the Internet is difficult, www.childcareadvantage.ca cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on this Site, in the event that you have a dispute with one or more users, you release www.childcareadvantage.ca (and our agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.

www.childcareadvantage.ca is under no legal obligation to, and generally does not, control the Content provided by other users which is made available through the Site. By its very nature, other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled. www.childcareadvantage.ca does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Materials or about the results to be obtained using the Materials. The use of the Site and the Material is at your own risk. Changes are periodically made to the Site and may be made at any time.

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

www.childcareadvantage.ca shall not be responsible for any employment decisions, for whatever reason made, made by any entity posting jobs on the Site.

10. Governing Law and jurisdiction
This Site is controlled, operated and administered by www.childcareadvantage.ca from its offices within Canada. www.childcareadvantage.ca makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations.

11. Limitation of Liability
YOU AGREE THAT WWW.CHILDCAREADVANTAGE.CA AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF CANADIAN SITTER INC., OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that www.childcareadvantage.ca aggregate liability for damages shall be limited to $100.

The limitations of liability and disclaimers in these Terms of Use apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

12. Indemnity
You agree to defend, indemnify and hold harmless each of www.childcareadvantage.ca, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal fees and other costs, arising out of  or resulting from your use of the Site and the Materials or your breach of these Terms of Use.

13. Arbitration
Any and all disputes arising out of these Terms of Use, 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 of Use and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Vancouver, British Columbia in English and governed by British Columbia law pursuant to the Arbitration Act, 1996 (British Columbia), 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.

14. General
(i) Except as expressly provided in additional Terms of Use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms of Use constitute the entire agreement between www.childcareadvantage.ca and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms of Use must be commenced within one (1) year after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms of Use or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms of Use, and the remainder of these Terms of Use shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (vi) No changes to these Terms of Use shall be made except by a revised posting on this page.