Please read our Vendor Management System Terms of Use carefully. By accessing or using the Vendor Management System, you are showing that you accept these Terms of Use. If you do not agree with any of the Terms of Use listed below, do not use this Web Site. Brainhunter.com Ltd. reserves the right, in its sole discretion, to modify, alter or otherwise update these Terms of Use at any time. Please check from time to time for any changes, since your continued use of this site indicates your continuing agreement to be bound by such modifications, alterations or updates.
1.1 Use of Materials
1.2 General Rules
1.3 Trade Marks, Copyrights and Restrictions
1.7 Linked Sites
1.8 Disclaimer
1.9 Submissions
1.10 System Support
1.11 Training
1.12 Indemnity
You may make one copy of material on BRAINHUNTER.com ("the Web Site") solely for your corporate use as outlined in this agreement. But, otherwise, you may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, create derivative works from, transfer, or sell any information, software, products or services obtained from this Web Site.
You may not use the Web Site in order to transmit, distribute, store or destroy material:
In violation of any applicable law or regulation, or
In a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy or publicity of other personal rights of others, or that is libellous, obscene, threatening, abusive or hateful.
All material on the Web Site, including the HTML used to create web pages on the Web Site, and all text, images, illustrations, audio clips, and video clips, is protected by copyrights which are owned and controlled by BRAINHUNTER or by other parties that have licensed their material to BRAINHUNTER. Material from the Web Site or from any other web site owned, operated, licensed or controlled by BRAINHUNTER may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights. For purposes of these Terms of Use, the use of any such material on any other web site or networked computer environment is prohibited.
The Web Site may be used only for lawful purposes by approved vendors seeking to fill requisitions and employers seeking employees or contractors from their vendors. By accessing or using the Web Site and the services offered within (the "Services"), you agree not to use the Web Site, for any of the following:
To knowingly post incomplete, false or inaccurate information, including, without limitation, false or inaccurate information in a resume or candidate profile;
To modify, delete or revise any information or material that has been posted by an employer or any other person or entity.
You shall not violate or attempt to violate the security of the Web Site, including, without limitation: (a) sending to other users, employers or other e-mail users unsolicited e-mail, spam, promotions and/or advertising of products or services; (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) submitting a virus to the Web Site, overloading, "flooding", "mailbombing" or "crashing". BRAINHUNTER will take all necessary steps to investigate any occurrences that may involve such violations and may co-operate with law enforcement authorities in prosecuting such violating users.
You shall not engage in conduct which, in the sole discretion of BRAINHUNTER, restricts or inhibits any other user, whether a user of the services or a user of any other system, from using and enjoying the Web Site and Services available on the Web Site, or other system, from using and enjoying the Services. This includes, but is not limited to, the posting or transmitting on or through any of the Services of any information that is, in the sole discretion of BRAINHUNTER, unlawful, obscene, threatening, abusive, libelous, or hateful, or encourages conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any local, provincial, state, national or international law.
Any candidate data, company data, user data, or rate/fees data you submit to the BRAINHUNTER database is owned exclusively by you. BRAINHUNTER agrees to host that data, and has the right to place limitations on the amount of data or length of time that the data resides on our server(s), but these rights shall not inhibit your ability to conduct efficient business with the employer.
The data you submit is confidential, and is password protected. You have sole control over the password and access rights to that password. BRAINHUNTER endeavours to use all reasonable means to ensure the confidentiality of the data, including but not limited to the use of passwords, firewalls or other means of limiting IP access, and data encryption where deemed necessary by BRAINHUNTER
BRAINHUNTER has access to your data only through a limited number of support or administrative users. Any access to your data by these individuals is automatically logged in our server. Typically, access to this data will only occur at the request of the vendor, or in the event of a system problem or error that requires access to fix the error or system problem.
BRAINHUNTER will allow open access to the portion of the system logs that details access to your data, as well as access to the portions of the code or system that generates these logs for audit purposes only. The access this information, a written request at least 48 hours in advance of the date of access is required. BRAINHUNTER will then make arrangements for a viewing of this data.
BRAINHUNTER, whether or not affiliated with sites which may be linked to this site, is not responsible for their content. Any such Linked Sites are for your convenience only and you access them at your own risk.
ALL MATERIALS ON THE WEB SITE AND SYSTEM SUPPORT ARE PROVIDED STRICTLY "AS IS" AND WITHOUT CONDITIONS, REPRESENTATIONS OR WARRANTIES OF ANY KIND EITHER EXPRESS OR IMPLIED. TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, BRAINHUNTER DISCLAIMS ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED CONDITIONS AND WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. BRAINHUNTER DOES NOT WARRANT THAT THE FUNCTIONS CONTAINED IN THE MATERIALS WILL BE UNINTERRUPTED OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE WEB SITE OR THE SERVER THAT MAKES THEM AVAILABLE IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. BRAINHUNTER DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE USE OF THE MATERIALS ON THE WEB SITE OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. THE MATERIAL THAT YOU READ ON THE WEB SITE IS PROVIDED SOLELY FOR YOUR INFORMATION ONLY. THE USE OF THE WEB SITE IS AT YOUR OWN RISK. THE INFORMATION AND OPINIONS EXPRESSED IN ANY BULLETIN BOARDS, CHAT ROOMS, OR OTHER FORUMS CONDUCTED ON THIS SITE ARE NOT NECESSARILY THOSE OF BRAINHUNTER OR ITS AFFILIATED OR RELATED ENTITIES OR CONTENT PROVIDERS AND BRAINHUNTER MAKES NO CONDITIONS, REPRESENTATIONS OR WARRANTIES REGARDING THAT INFORMATION OR THOSE OPINIONS. FURTHERMORE, NEITHER BRAINHUNTER NOR ITS AFFILIATED OR RELATED ENTITIES OR ITS CONTENT PROVIDERS ARE RESPONSIBLE OR LIABLE TO ANY PERSON OR ENTITY WHATSOEVER (INCLUDING, WITHOUT LIMITATION, PERSONS WHO MAY USE OR RELY ON SUCH DATA/MATERIALS OR TO WHOM SUCH DATA/MATERIALS MAY BE FURNISHED) FOR ANY LOSS, DAMAGE (WHETHER ACTUAL, CONSEQUENTIAL, PUNITIVE OR OTHERWISE), INJURY, CLAIM, LIABILITY OR OTHER CAUSE OF ANY KIND OR CHARACTER WHATSOEVER BASED UPON OR RESULTING FROM ANY INFORMATION OR OPINIONS PROVIDED ON THE WEB SITE.
IN NO EVENT SHALL BRAINHUNTER BE LIABLE FOR ANY INDIRECTION, PUNITIVE, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OR ANY LOSS OF INCOME OR OF PROFITS ARISING OUT OF OR IN ANY WAY CONNECTED WITH THE USE OF THE WEB SITE, WHETHER BASED IN CONTRACT, TORT, STRICT LIABILITY OR OTHERWISE, EVEN WHERE BRAINHUNTER HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES AND THUS, THE ABOVE LIMITATION MAY NOT APPLY TO YOU. IF THIS LIMITATION OF LIABILITY OR THE EXCLUSION OF CONDITIONS, REPRESENTATIONS AND WARRANTIES SET FORTH ABOVE IS HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, BRAINHUNTER'S MAXIMUM LIABILITY FOR ANY TYPE OF DAMAGES SHALL BE LIMITED TO THE AGGREGATE AMOUNT PAID BY YOU TO BRAINHUNTER FOR USE OF THE WEB SITE.
BY SUBMITTING CANDIDATE DATA OR ANY OTHER INFORMATION, WHETHER PERSONAL OR NOT, YOU ACKNOWLEDGE AND AGREE THAT YOU ARE SOLELY RESPONSIBLE FOR THE CONTENT, ACCURACY AND FORM OF SUCH SUBMITTAL MATERIALS. EMPLOYERS WHO POST JOBS OFFERINGS OR OTHER POSITIONS ON THE WEB SITE ARE ALSO SOLELY RESPONSIBLE FOR THE CONTENT, ACCURACY AND FORM OF SUCH POSTINGS.
Non-inclusive of vendor submissions, any notes, messages, billboard postings, ideas, suggestions, concepts or other material submitted will become the property of BRAINHUNTER throughout the universe and BRAINHUNTER shall be entitled to use the material for any type of use forever including in any media whether now known or hereafter devised, excluding the specific types of data as referenced in section 1.6. This ownership shall not inhibit the vendor from using their own suggestions for any type of their own use. You shall not submit or post any content which:
Labels, defames, invades privacy, or is obscene, pornographic, abusive, or threatening;
Infringes any intellectual property or other right of any entity or person, including, but not limited to violating anyone's copyrights or trade marks;
Violates any law;
Advocates illegal activity; or
Advertises or otherwise solicits funds or is a solicitation for goods or services.
BRAINHUNTER will provide system support at no charge to the vendors. System Support is available in the following methods:
First Level Support: Email vendorsupport@brainhunter.com. Available 24/7, response time may vary with a target response time of 1 business hour during extended business hours (7am to 8pm) on days which BRAINHUNTER head office is open for business.
Second Level Support: 1-877-4EBRAIN or (416) 588-7111 x2. Available during extended business hours (7am to 8pm on days which BRAINHUNTER head office is open for business). Messages left during off-hours will trigger pager support.
BRAINHUNTER will provide any reasonable training at no charge to vendors. This training may take place in person, on the phone, via the web, or in a classroom setting. System documentation may also be provided, in both printed and electronic format.
You agree to defend, indemnify, and hold harmless BRAINHUNTER, it's officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees and expenses, resulting from your use of the Web Site or your breach of the terms of these Terms of Use. In accordance with applicable law, BRAINHUNTER shall provide notice to you promptly of any such claim, suit, or proceeding.
BRAINHUNTER agrees to indemnify and hold vendors harmless from and against any and all liabilities, losses, damages, costs and expenses associated with any claims, suits or proceedings resulting from the unlawful actions of BRAINHUNTER, its web site and services.