Terms & conditions
Last updated August 26, 2019
1. Parties to the Agreement. This Agreement is being entered into between the Canadian Institute of Actuaries (CIA), operating as “Actuarial Jobs”, and you (the “Customer”). If the Customer is accessing or purchasing services or products on behalf of or as an agent or representative of their employer or principal, then this Agreement is being entered into between Actuarial Jobs and the Customer’s employer or principal, and the Customer hereby represents and warrants that they have the full and express authority to enter into this Agreement on behalf of their employer or principal.
3. Services. Actuarial Jobs will provide the Customer with the services (“Services”) that they have elected to receive by checking off the applicable boxes on Actuarial Jobs.
4. Payment. The Customer will pay to Actuarial Jobs the charges in the manner and amount set out on Actuarial Jobs plus applicable taxes. Actuarial Jobs reserves the right to revise its rates from time to time and such rates may apply to any renewal of this Agreement or its term.
5. Proprietary items. The provision of Services does not grant any right, title, or interest to the Customer in software, products, trademarks, trade names, data, materials, tools, or methodologies used by Actuarial Jobs, or in any of its proprietary or licensed rights, and ownership of all of the foregoing shall at all times remain with the CIA or Actuarial Jobs or its licensors. The provision of any material by the Customer to Actuarial Jobs, including corporate information, banner advertisements, Customer trademarks, and other items required by Actuarial Jobs to provide Services does not grant Actuarial Jobs any right, title, or interest in such material and ownership of all such material shall at all times remain with the Customer or their licensors, except that the Customer hereby grants to Actuarial Jobs a non-exclusive, personal, non-transferable license to reproduce and use such material as Actuarial Jobs reasonably deems appropriate to provide the Services.
6. Use strictly limited to recruitment. The Customer will access and use the Services only for the purposes of (i) recruitment of job candidates for employment directly with the Customer, and (ii) contacting specific job candidates in relation to a job opportunity, provided that the Customer is ordinarily in the business of job recruitment for third parties (such a Customer is hereinafter also referred to as a “Recruiter”) and has been retained by a third party (“Third-Party Employer”) to recruit for that specific job opportunity. The Customer will not disclose any information, including personally identifiable information, obtained through the use of the Services to any other person, individual, or entity, except that a Recruiter may disclose to a Third-Party Employer information regarding candidates for a specific job opportunity in respect of which the Recruiter has used the Services to post the job on behalf of the Third-Party Employer. Any Recruiter will ensure that they have entered into an agreement with each Third-Party Employer: (i) requiring the Third-Party Employer to use the information provided by the Recruiter solely for the purpose of filling the job within the Third-Party Employer for which the information was provided, and (ii) prohibiting the Third-Party Employer from disclosing any of the information to any other person, individual, or entity.
7. Further restrictions. The Customer will not, directly or indirectly, whether on their own or in conjunction with any other person or entity:
(A) use the Services or disclose or promote that they are a subscriber to the Services to market their own recruitment services, to contact job candidates other than on a one-on-one basis for a specific job opportunity, or to engage in any other resale or commercial use of Actuarial Jobs or contents;
(B) post or use any job candidate’s résumé on the Customer’s own website for the Customer’s own or any other person’s commercial or other purposes, except on an internal website not accessible to the public and for the limited purposes set out in section 6;
(C) collect or use any product or service listings, descriptions, or prices, or engage in any form of derivative use of Actuarial Jobs or its contents;
(D) frame or use framing techniques to enclose any information or content found on Actuarial Jobs, including job postings, forms, trademarks, or other proprietary information without express written consent from Actuarial Jobs;
(E) send out any marketing emails or any other form of communication using job candidate or other personal information obtained through the Service;
(F) sell, share, or otherwise disclose to any third party the username, password, or any other registration or identification information provided by Actuarial Jobs or required by the Customer to access the Services, except to those employees of the Customer who are personally and ordinarily involved in using the Services, provided that no employee may share a single username;
(G) use any device or process to monitor, copy, summarize, or otherwise extract information from Actuarial Jobs or from the software or materials used to provide the Services;
(H) insert any words, spaces or characters in any field in the job posting data entry form, including without limitation the “Job Title” field, the sole purpose of which is to affect the alphabetic or other ranking of the job posting (e.g., preceding a job title, description, or registered company name with “AAA”); or
(I) in the case of Recruiters, (i) identify or name their clients or any third party in the “Job Title” field of the data entry form for a job posting or (ii) identify or name their clients or any third parties in any other field of the data entry form for a job posting without the consent of such clients or third parties.
8. Job posting content. Without limiting any of the foregoing restrictions, the content of job postings will:
(A) be accurate and contain sufficient detail to clearly convey the nature and requirements of the employment position;
(B) be for a specific current opening related to the actuarial profession. We reserve the right to reject any ads that we deem inappropriate;
(C) be published in the language submitted. Actuarial Jobs does not provide translation services for job postings;
(D) require approval by Actuarial Jobs before posting. Allow up to two (2) business days for approved job posting to be posted. The Customer will have an opportunity to edit and resubmit a rejected job posting or cancel and receive a refund;
(E) not contain any content the reproduction of which would infringe any third-party rights, including copyright, trademark, or confidential information rights, such as material that has been copied from a third-party job posting without that third party’s prior written consent;
(F) not contain any personal or other information in violation of applicable privacy or personality rights of third parties;
(G) not contain material that is sexually explicit, obscene, defamatory, threatening, offensive, embarrassing, harassing, abusive, hateful, distasteful, or contrary to applicable law;
(H) not require the payment of a fee by the person responding to the job posting;
(I) not be used to (i) impersonate another person, living or dead, (ii) post false, inaccurate, or misleading information, (iii) engage in direct marketing or any multi-level marketing scheme including the posting of chain letters or pyramid schemes, (iv) post opinions or notices that are not job postings, (v) post advertisements or solicitations of business, or (vi) engage in any scheme requiring or providing the option of monetary investment or for the provision of consulting services.
9. Notification of security breach. The Customer will immediately notify Actuarial Jobs of any unauthorized use of the usernames, passwords, any other registration or identification information provided by Actuarial Jobs, or of any other breach of security of which the Customer is aware.
10. Use of account. The Customer assumes full responsibility for the use of their accounts and passwords and for restricting access to their account. The Customer accepts full responsibility for all activities that occur under their accounts. The Customer is responsible for ensuring that the content of all communications they post comply with applicable law and for ensuring that they do not infringe upon the proprietary or personal rights of any person. The Customer acknowledges that, although the third-party software is available in English and French, some material may appear in the opposite language from that specified, due to settings on the Customer’s computer.
12. Term. The term of this Agreement shall commence on the earlier of (i) the date on which it is accepted by the Customer or (ii) the date on which the Services are purchased, and shall continue in effect until the end of the period during which Actuarial Jobs has agreed to provide any of the Services. All job postings will be removed from Actuarial Jobs upon the earlier of: (i) thirty (30) calendar days following posting and expiry or (ii) termination of the Agreement for any reason. Either party may terminate this Agreement effective upon written notice to the other party if the other party defaults in a payment or other material obligation hereunder and continues in default for a period of ten (10) calendar days after written notice, except that Actuarial Jobs may terminate this Agreement immediately upon the occurrence of any event in breach of the provisions of paragraphs 6, 7, or 8 above. Either party may terminate this Agreement effective upon written notice to the other party in the event that the other party ceases to carry on its business or becomes the subject of a voluntary or involuntary petition in bankruptcy or any proceeding relating to insolvency.
There are no refunds once the job posting has been posted.
13. WARRANTY DISCLAIMER. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, ACTUARIAL JOBS DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, IN FACT OR IN LAW, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. ACTUARIAL JOBS MAKES NO WARRANTIES OR REPRESENTATIONS THAT ACTUARIAL JOBS WILL OPERATE ERROR FREE. ACTUARIAL JOBS MAKES NO REPRESENTATION OR WARRANTY RESPECTING THE ACCURACY, COMPLETENESS, CURRENCY, OR TIMELINESS OF ANY OF THE INFORMATION PROVIDED AS PART OF THE SERVICES OR RESPECTING ANY COMMUNICATIONS POSTED BY JOB CANDIDATES OR OTHER USERS AND DOES NOT WARRANT ANY RESULTS AS A CONSEQUENCE OF SUBSCRIBING TO THESE SERVICES, INCLUDING BUT NOT LIMITED TO THAT A JOB POSTING WILL BE VIEWED BY ANY NUMBER OF JOB CANDIDATES OR THAT THE CUSTOMER WILL SUCCEED IN FINDING CANDIDATES FOR THE JOB POSTINGS IT PROVIDES. Actuarial Jobs may contain material, data, and information provided, posted, or offered by third parties, including but not limited to advertisements. Actuarial Canada has no liability whatsoever for any third-party material, data, information, or other content.
14. LIMITATION OF LIABILITY. ACTUARIAL JOBS’ MAXIMUM AGGREGATE LIABILITY, INCLUDING APPLICABLE LAWYERS’ FEES AND COURT COSTS, TO THE CUSTOMER OR TO ANY THIRD PARTY CONCERNING THE PERFORMANCE OR NON-PERFORMANCE OF ALL SERVICES OR IN ANY MANNER RELATED TO THIS AGREEMENT, WILL BE LIMITED TO DIRECT DAMAGES IN AN AMOUNT NOT TO EXCEED THE CHARGES PAID BY THE CUSTOMER TO ACTUARIAL JOBS, IF ANY, DURING THE SIX-MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE LIABILITY. THIS LIMITATION SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND, OR ACTION, INCLUDING BUT NOT LIMITED TO BREACH OF CONTRACT, NEGLIGENCE, TORT, OR ANY OTHER LEGAL THEORY, AND WILL SURVIVE A FUNDAMENTAL BREACH OR FAILURE OF THE ESSENTIAL PURPOSE OF THE AGREEMENT. IN NO EVENT WILL ACTUARIAL JOBS BE LIABLE TO THE CUSTOMER FOR ANY DAMAGE CAUSED BY EVENTS BEYOND ACTUARIAL JOBS’ REASONABLE CONTROL OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) ARISING OUT OF THE SERVICES OR OTHERWISE RELATED TO THIS AGREEMENT, INCLUDING, WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, DAMAGES FOR LOST PROFITS.
15. Indemnification. The Customer hereby agrees to defend, indemnify, and hold harmless Actuarial Jobs, its partners, successors and assigns, employees, and agents, from and against any losses, damages, expenses, fines, monetary penalties, liabilities, claims, actions, and demands of any nature (collectively “Claim(s)”), including any interest and legal and accounting fees on a substantial indemnity basis, and including any claims for loss of revenue, expected profits or savings, or any other commercial, economic, general, specific, direct, indirect, special, incidental, consequential, punitive, or exemplary losses or damages, which may be suffered or incurred by reason of or in connection with the Customer’s use of Actuarial Jobs or Services, any material posted by the Customer to Actuarial Jobs, any breach or alleged breach of any warranty, representation, or agreement made by the Customer, or any failure by the Customer to comply with all applicable laws. Actuarial Jobs will use reasonable efforts to provide the Customer prompt notice of any such Claim and may assist the Customer, at the Customer’s expense, in defending any such claim, suit, or proceeding.
16. Arbitration. Except with respect to an action over which the Ontario Small Claims Court would have jurisdiction, where a dispute arises between the Customer and Actuarial Jobs, the parties agree to submit the dispute to arbitration, which shall take place in Toronto, Ontario, Canada, and the rules governing such arbitration shall be as provided under the Arbitration Act, 1991 (Ontario).
17. General. This Agreement contains the entire understanding of the parties on the subject hereof, supersedes all previous agreements and may not be amended except in writing. The Customer may not assign this Agreement without the prior written consent of Actuarial Jobs. Sections 4 to 5 and 11 to 16 shall survive expiry or termination of this Agreement for any reason. The CIA may assign this Agreement or any of its rights or obligations under this Agreement without the prior written consent of the Customer. The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default. Any notice hereunder shall be delivered by electronic means of communication, registered mail, or courier and will be conclusively deemed to have been given on the day of actual delivery thereof and, if given by registered mail, on the 5th business day in Ontario following the deposit thereof in the mail and, if given by electronic communication, on the day of transmittal thereof if given during the normal business hours of the recipient and on the business day in Ontario during which such normal business hours next occur if not given during such hours on any day. This Agreement shall be interpreted, construed, and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles. For the purpose of all legal proceedings, this Agreement will be deemed to have been performed in the Province of Ontario and the courts of the Province of Ontario will have jurisdiction to entertain any action arising under this Agreement. Actuarial Jobs and the Customer each attorn to the jurisdiction of the courts of the Province of Ontario.