WEB SITE TERMS AND CONDITIONS OF USE

1. Object

The Web site terms and conditions of use (hereinafter: “Terms and Conditions”) determine the rights and obligations of its User and constitute, with the Policy, the only agreement between EstrieEmploi.ca and its User.

By cliquing on the button “I ACCEPT” below, the User consents to be bound to the Terms and Conditions and commits to respect its content. If the User refuses to consent to the Terms and Conditions or to respect them, he must not use this Web site or the services offered.

2. The Utilization of the Web site

Subject to the article 6, the right of use of the Web site is limited, non-exclusive and non-transferable for having the access to the Web site and its Element, to their using and visualisation as well as to the transmission of Information by EstrieEmploi.ca in the aim to facilitate job searches or to recruit people within a company.

3. Consent to the Collection of Information

The User accepts that as soon as his consent to the Terms and Conditions and to the Policy will be obtained, EstrieEmploi.ca will be able to collect his Information and disclose them to the Employers and Recruiters or, if need be, to Job Seekers.

If the User consents to the Terms and Conditions and to the Policy by cliquing on the respective button “I ACCEPT”, there will then be presumed that he has accepted the rights and obligations of use of the Web site in accordance to the Terms and Conditions and the purposes and objectives stated in the Policy. The User will be also presumed that he understood the reasonable respect waits of the private life that he benefits and exempts completely EstrieEmploi.ca from all responsibilities concerning the use of Information.

Furthermore, the User consents that, in certain circumstances, EstrieEmploi.ca can collect, use, communicate and conserve his Information without his knowledge and without his consent, notably for legal purposes, such as law applications and fraud detection or for security reasons.

4. Obligations

The User represents and guarantees to EstrieEmploi.ca, in accordance with the dispositions of the Terms and Conditions, what follows:

4.1 General Obligations

Considering the Terms and Conditions, the User commits himself to:

4.1.1 Recognize that all uses of the Web site, Elements which are displayed and all Information given via the Web site is at its own sole risks;

4.1.2 Assume all risks that results from the way he will treat other Users with whom he will come in contact by the intermediary of the Web site, notably without limitation, the risks to deal with strangers, unknown persons, people not having the age to work or people acting under false representations;

4.1.3 Respect and conserve all mentions contained on its Web site or on all documentations related to copyrights, trade-marks, service marks or all other notices of intellectual property if need be;

4.1.4 Abstain from alienating, assigning by gratuitous title or otherwise, copying, disposing, distributing, modifying, reproducing, transferring, selling or differently using the Web site Element in public or commercial purposes or not in accordance herewith;

4.1.5 Abstain from using on the Web site the content of any other web sites or intranet network whatever is the purpose pursued.

4.2 Obligations regarding Information

Considering the Terms and Conditions, the User commits himself to:

4.2.1 Transmit and display on the Web site his real, exact and complete Information, without worms or computing viruses, Trojan horses, steganography or computing programs prejudicial to the Web site;

4.2.2 Abstain to display directly or indirectly Information concerning contracts of pyramidal scheme, of business occasion concerning the recruitment of people without having beforehand paid the fees related to EstrieEmploi.ca;

4.2.3 Abstain from publishing, displaying, communicating or transmitting Information with defamatory, harassing, injurious, menacing, obscene, prejudicial, sexual or coarse content;

4.2.4 Abstain from publishing, displaying, communicating or transmitting politic, religious or commercial opinions or notice;

4.2.5 Abstain from displaying all protected Information by intellectual property rights or commercial secrets different than the ones belonging to him.

4.3 Security Obligations

Considering the Terms and Conditions, the User commits himself to use legally the Web site and not to commit or attempts to commit particularly the following offences:

4.3.1 Copy, adapt or use in any ways the HTML code created by EstrieEmploi.ca;

4.3.2 Use the Web site in order to alter, damage, make it unexploitable or overburden it;

4.3.3 Divert the security system in place on the Web site to have access to the Element and the Information contained and use them;

4.3.4 Use the Account, the password or the Information of another User or another person without the written authorization of EstrieEmploi.ca with the assistance of Spyware or key loggers;

4.3.5 Impersonate, take over without right or by fraud the identity of a User, another person or another entity;

4.3.6 Modify or delete the access to the Account or to the Information of any User;

4.3.7 Transmit via the Web site spam, chain letters or unsolicited mass e-mail;

4.3.8 Display to his Account or to another User’s Account a hypertext link. In case of non-respect by a User, EstrieEmploi.ca will automatically deactivate the hypertext link.

5. Declarations of EstrieEmploi.ca

Subject to what is permitted by the law, the use of the Web site and of the Information is offered to the User “AS IS” so that EstrieEmploi.ca does not offer any guaranty concerning the Web site, its use and the Element notably without limitation, as for the guaranties of qualities, the guaranties of ownership and the guaranties of functioning. For that purpose, EstrieEmploi.ca declares:

5.1 That no representation is done regarding to the exactness, the veracity or the accuracy of the Information concerning the Users, neither is supporting their opinions that could be expressed on their Account;

5.2 That it acts as an inactive intermediary for the online diffusion and publication of Information. This Web site serves only as an intermediary between the Employers, the Recruiters and the Job Seekers;

5.3 That it is not part of the arrangement between the Users if need be. The hereby interpretations must not be considered as a guaranty given by EstrieEmploi.ca on any decision taken by the Users;

5.4 That it has no obligation to filter the Information, to pre-selection them or to control them prior to their displaying in the Web site;

5.5 That further to a notice in this regard, it could make its Web site of Information researches and/or Element non conform to the Terms and Conditions;

5.6 That it could decide, in all good faith and to its own discretion, to remove from the Web site an Element or an Information or ask that the Element or Information be eliminated from the Web site;

5.7 That it keeps for itself the right to exclude from its Web site, by the deletion of his Account and the interdiction for a future access to the Web site, the User that will have violated the Terms and Conditions, notably by the default or the non-respect of one of the obligations mentioned in the above article 4, of the Policy or by the law;

5.8 That it could at any time and to its unique discretion interrupt, put to an end, modify or suspend any aspect of this Web site notably without limitation the characteristics, the use fees, the obligations, the Element and the offered services, without notices;

5.9 That no representation is made in regards to the identity of a User;

5.10 That no representation is made concerning the fact that the Web site operates without errors, worms, viruses or any other computer program that can affect it and concerning the fact that its User will be affected;

5.11 That in the normal course of its business, EstrieEmploi.ca uses supplier’s services. Despite the fact that EstrieEmploi.ca will make its best to use reputable supplier’s services, these suppliers can have terms and conditions for its using, including Policies concerning to the personal information that diverge from the ones of EstrieEmploi.ca. Consequently, EstrieEmploi.ca cannot guaranty for and in their name that they will obey to the imposed limits by the inherent laws to the right for the data processing.

6. Intellectual Property

6.1 General Dispositions

The Web site and its Element are protected in accordance with inherent laws to the intellectual property. The whole Web site and Element are EstrieEmploi.ca exclusive ownership.

The User acknowledges to conform himself to the inherent laws to the intellectual property and engage himself to use the Web site and its Element in a non-exclusive way for personal or internal aims of the company as stated in the hereby article 2. Any non-authorized using of the Web site and of its Element is liable to constitute a violation according to the inherent laws to the intellectual property. EstrieEmploi.ca does not give any express or implicit right or license to the Users according to the dispositions of these inherent laws to the intellectual property.

6.2 Software

Every software and every computer program used by EstrieEmploi.ca as well as all files, codes, data and images generated by these software and these computer programs (hereinafter “Accessories”) are EstrieEmploi.ca exclusive property and/or its suppliers. Inherent Laws to the intellectual property protect the software, the computer programs and the Accessories. The User is authorized to use the software, the computer programs and the Accessories in a non-exclusive way for personal and internal aims of the company as stated in the hereby article 2. Every non-authorized uses of the software, the computer programs and the Accessories by a User is liable to constitute a violation according to the inherent laws to the intellectual property.

EstrieEmploi.ca does not give any express or implicit right or license to Users according to the dispositions of inherent laws to the intellectual property.

6.3 Reserved Rights

EstrieEmploi.ca reserves for itself all of the rights on its Web site including the software, the computer programs and the Accessories. To this end, the methods, the means, the secrets and the services can be covered by one or some reserved rights.

7. Ownership of Information

Subject to the hereinafter-mentioned dispositions, the User who will have consented that his Information could be displayed online in the Web site will be entitled to all rights that could exist under these Information.

The User gives to EstrieEmploi.ca an irrevocable, perpetual and without fees right and license to collect, use, communicate and conserve for the Web site aims, in all or in part, his Information since the moment he will have supplied them in the Web site.

The User also authorizes any other User to access, display, consult, archive and reproduce his Information for its personal and internal using of its company.

8. Registration and Password

It is the User’s responsibility to ensure the confidentiality of his Information and of his password. Every Account use, authorized or not by the User, come under his responsibility. The User consents to advise immediately EstrieEmploi.ca of any unauthorised use of his registration or his password that will be taken to his knowledge.

9. Links to Other web site

The User is informed that the Web site contains links to other web sites on which EstrieEmploi.ca has no control. Consequently, EstrieEmploi.ca will not be taken responsible of the terms and conditions of use, including the policy related to the personal information, of these other web sites towards which the User goes on after his visit in the Web site. The User suits that if he heads for other web sites, which the links available via the Web site, he will do it to its own sole risks. EstrieEmploi.ca suggests to Users to examine the terms and conditions of use as well as the policy related to the personal information of these other web sites concerning the obligations, guaranties and responsibilities.

10. Exemption of liability

Despite the fact that an injury may be taken against EstrieEmploi.ca or any third party mentioned in the Web site, the User suits when cliquing on the button “I ACCEPT” below, that he exempts EstrieEmploi.ca and any third party mentioned in the Web site from any liability related to the use by anybody or the incapacity of using the Web site, the Element, the Information or a web site having a link via the Web site for any injury possibly caused, whatsoever, direct or indirect, being or not related to the contractual or extra-contractual liability or to any other legal disposition.

The User consents in this end that any commercial or computer damage including a maintenance or a replacement of his equipments, computer program, software or data, any economic damage, including the damages caused to his profits or revenues, and any damage coming from the person identity impersonation or from his Information are not retained against EstrieEmploi.ca and/or the third party in the Web site.

11. Recovery

The User consents that all default or all violation of the generals obligations, the obligations regarding the Information and the security obligations foreseen above in the paragraphs 4.1 to 4.3 falling to him will engage his civil and criminal liability. If need be, the User will then lose his Account access and EstrieEmploi.ca will proceed to the deletion of his Information as foreseen by the Policy. In case of defaults and violations, EstrieEmploi.ca could transmit the proofs on these defaults and violations to the competent authority to prosecute any User implied in such defaults and violations.

Moreover, the User consents to take facts and causes and defend, for and to the name of EstrieEmploi.ca, its administrators, its officers and its shareholders, in all claim, action or motion, including the judicial and extra-judicial fees, to the terms of the allegations resulting form a default or a violation of the Terms and Conditions.

12. General Dispositions

12.1 Interpretation

Account

The word “Account” refers to the account accredited to a User of EstrieEmploi.ca.

Element

The word “Element” refers to the Accounts, data, graphs, texts, software, computer programs, Accessories, images, logo or all other documents available via the Web site.

Employer

The word “Employer” refers to a person or a company recruiting personal within the company.

EstrieEmploi.ca

The expression “EstrieEmploi.ca” refers to the company EstrieEmploi.ca Inc.

Information

The word “Information” refers to the personal information and to the internal information of the User’s company, to its résumé, to its text or to any other information gathered by its use.

Job Seeker

The word “Job Seeker” refers to a person registered on EstrieEmploi.ca Web site and who researches a job.

Policy

The word “Policy” refers to the policy related to the personal information published in the Web site.

Recruiter

The word “Recruiter” refers to a person in search of candidates to fill in employment opportunity with third parties.

Spyware

The word “Spyware” refers to all software containing spy program, that uses in background the User’s Internet connection to gather and transmit, without his knowledge and his permission, his information.

Trojan Horses

The expression “Trojan Horses” refers to an insignificant computer program serving to discretely infect in any ways the Web site and to pirate it.

User

The word “User” refers to a person visiting and/or using the Web site for a job research, for the account of a company recruiting personal, for the account of a company for which the User works and who recruits personal, for the account of a third party researching candidates to fulfil a job within another company or for any other reasons.

Web site

The word “Web site” refers to EstrieEmploi.ca Web site which address is the following: www.estrieemploi.com

12.2 Jurisdiction

The Web site is and will be governed by the current laws in Canada and in the province of Quebec.

EstrieEmploi.ca makes no representation about the fact that the Web site and the Element are adequate for its use outside Canada. If the User desires to access the Web site when he is outside Canada, he consents that it is to his own sole risks and that he will be entirely responsible to see for the respect of the applicable laws in that jurisdiction.

12.3 Election of domicile

The User and EstrieEmploi.ca elect domicile in the St-François judicial district in the province of Quebec. Subject to any dispute concerning the protection of personal information, the parties consent that all action, claim or motion should be instituted in the St-François judicial district in the province of Quebec and that the court of the province of Quebec will have the own jurisdiction.

12.4 Validity

Any disposition of the Terms and Conditions non-conform to the current laws will be presumed non-written as far as it is thus prohibited. It is exactly the same for all clauses subordinated or bound to such disposition as far as its applicability depends of this disposition. All other dispositions of the Terms and Conditions still nevertheless in use.

12.5 Modifications of the Terms and Conditions

The heading of the Terms and Conditions mentions the date of its last update. However, EstrieEmploi.ca keeps the right to modify or to improve, at any time and to its own discretion, the Terms and Conditions or to change them by new Terms and Conditions. It will be the User’s responsibility to make the necessary verifications in order to be informed about the modifications, changes or improvements. If the User uses the Web site after an update of the Terms and Conditions, he will be presumed that he tacitly consented to the new Terms and Conditions and to their application, as if they have been the original Terms and Conditions to which the User consented.

12.6 Mediation and Arbitration

12.6.1 Mediation

In case of discord, the User and EstrieEmploi.ca commit themselves, before having recourse to the arbitration provided in the paragraph 12.6.2 hereinafter, to submit any dispute coming from the hereby to a mediator and to participate in a good faith to the mediation process. The mediator will chose in accordance with the articles 940 and the following of the Code of Civil Procedure R.S.Q., c. C-25 (hereinafter: “Code of Civil Procedure”), that will govern to the exclusion of the ordinary courts of law all dispute coming from the hereby, except for the injunction recourses provided in the articles 751 to 761 of the Code of Civil Procedure and to the extraordinary recourses provided in the articles 834.1 to 861 of the Code of Civil Procedure, unless there is an agreement in the contrary effect between the parties. Any mediation and session coming from it will be made out under the mark of confidentiality and subject to any right and proceeding from the parties. Any dispute that has been resolved by this mediation will have to be subject to the arbitration according to the disposition provided in the paragraph 12.6.2 hereinafter. No proof gathered during the mediation can be kept against a party and cannot be received during the arbitration provided in the paragraph 12.6.2 hereinafter or in all legal proceeding on the dispute ensued hereby, which will receive particular attention in such mediation.

12.6.2 Arbitration

The User and EstrieEmploi.ca commit to submit to the decision of an arbitrator chose in accordance with the articles 940 and the following of the Code of Civil Procedure, which will govern the exclusion of the ordinary courts of law any dispute ensued hereby, except for the injunction recourses provided in the articles 751 to 761 of the Code of Civil Procedure and to the extraordinary recourses provided in the articles 834.1 to 861 of the Code of Civil Procedure, unless there is an agreement in the contrary effect between the parties.

12.6.3 Hearing place

The User and EstrieEmploi.ca suit to choose the city of Sherbrooke for hearing of any mediation or arbitration ensued hereby.