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MYMATCHWORK INC.

TERMS OF USE

MYMATCHWORK INC. (“MatchWork” / “We” / “Us”) OWNS AND OPERATES THE MATCHWORK SOFTWARE-AS-A-SERVICE PLATFORM AND THE WEBSITE LOCATED AT https://match.work (THE “WEBSITE”). THESE TERMS OF USE APPLY TO ALL INDIVIDUALS WHO USE THE PLATFORM, WEBSITE OR THE SERVICES, AS DEFINED BELOW (“USERS”) (INCLUDING ALL OF THE CONTENT ON OR AVAILABLE THROUGH THIS WEBSITE).

PLEASE READ THESE TERMS OF USE CAREFULLY. BY USING THIS WEBSITE OR PLATFORM YOU INDICATE YOUR ACCEPTANCE OF THESE TERMS OF USE (“TERMS”). IF YOU DO NOT ACCEPT THESE TERMS OF USE, THEN DO NOT USE THE PLATFORM, WEBSITE OR ANY OF OUR CONTENT OR SERVICES.  THESE TERMS OF USE MAY BE AMENDED OR UPDATED BY MATCHWORK FROM TIME TO TIME WITHOUT NOTICE. THE TERMS OF USE MAY HAVE CHANGED SINCE YOUR LAST VISIT TO THIS WEBSITE, AND IT IS YOUR RESPONSIBILITY TO REVIEW THESE TERMS OF USE FOR ANY CHANGES.  YOUR USE OF THE PLATFORM, WEBSITE OR SERVICES AFTER ANY AMENDMENTS OR UPDATES OF THESE TERMS OF USE SHALL SIGNIFY YOUR ASSENT TO AND ACCEPTANCE OF SUCH REVISED TERMS.

IN ORDER TO USE THE WEBSITE, PLATFORM AND SERVICES (DEFINED BELOW), YOU MUST REGISTER FOR THE SERVICES AND PROVIDE CERTAIN PERSONAL INFORMATION. FOR DETAILS ON HOW WE USE YOUR PERSONAL INFORMATION, PLEASE SEE OUR PRIVACY POLICY, THE TERMS OF WHICH FORM AN INTEGRAL PART OF THIS AGREEMENT. IF YOU DO NOT AGREE WITH THE TERMS OF THE PRIVACY POLICY DO NOT USE THE MATCHWORK WEBSITE OR SERVICES


1. SERVICES

MatchWork is the owner of the MatchWork software-as-service platform (the “Platform”) which aids employment agencies in matching individuals to employment opportunities by facilitating the collection and processing of information about individuals seeking employment (the “Services”).

The Services are available to end user employees or contractors (“Employee Users”) of employment agencies and organizations (“Client Agencies and Organizations”) who have entered into a Master Services Agreement with MatchWork, as well as individuals seeking employment through Client Agencies and Organizations (“Client Users”).

MatchWork may make some aspects of the Platform and Services available for free.


2. REGISTRATION

Employee Users must register for an account to use the Services account (your “Employee Account”). In order to use the Services as an Employee, you must use the invitation from your Employer to register for an Account. When you register for the Account, you will be required to provide certain information, which is subject to our Privacy Policy.

Client Users create a User ID by beginning a MatchWork Assessment (“Assessment”). Upon completing the assessment, Client Users are sent an email with their Assessment results and are prompted to register for a client account (“Client User Account”).

After you have registered for an Employee or Client Account you can login using the email address you provided for registration. You will also be required to select a password. You are responsible for all activity occurring on your Account, so please select a strong password.  Please keep your password secure, and do not share it with any other individual.  We will not be liable for any damages caused by virtue of the compromise of your Account or password, including any unauthorized access to your Account or use of your Account or any information contained therein. Please contact us immediately if you suspect or become aware of any unauthorized use of your Account or any other breach of security.


3. USER CONTENT

All information, data, text, software, sound, images, graphics, messages or other materials, including personal information (“User Content”) transmitted to the Platform by Users is the sole responsibility of Users. This means that the User, and not MatchWork, is entirely responsible for all such material uploaded, transmitted or otherwise made available by using the Platform and Services. Users are solely responsible for obtaining all necessary consents and making all necessary disclosures required in connection with any and all User content. MatchWork does not control User Content uploaded to the Platform and as such, does not guarantee the accuracy, integrity or quality of such content.  Under no circumstances will MatchWork be liable in any way for any User Content, including, but not limited to, any errors or omissions in any materials or for any loss or damage of any kind incurred as a result of the viewing or use of any User Content posted, uploaded, transmitted or otherwise made available on the Platform.

4. USER RESPONSIBILITIES AND RESTRICTIONS

You are responsible for all activity occurring on your Employee or Client Account and for the compliance with this Agreement.  Without limiting the generality of the foregoing, You agree that You will not:

  • use the Platform other than as permitted by this Agreement;
  • share your login information with any individual;
  • use the Platform to send, store, publish, post, upload or otherwise transmit any information in violation of any laws, rules or regulations including those relating to privacy, or in violation of any of Your warranties, representations or obligations under this Agreement;
  • license, sublicense, sell, resell, rent, lease, transfer, assign, distribute, time share or otherwise commercially exploit or make the Platform available to any third party;
  • use the Platform to upload, collect, transmit, store, use or process any information or other data: (i) that You do not have the lawful right to copy, transmit, distribute, and display (ii) for which You do not have the consent or permission from the owner of any personal health information and/or any other personal information contained therein; (iii) that is tortious, defamatory, obscene, or offensive; or (iv) that violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil or criminal liability;
  • use the Platform to send, store, publish, post, upload or otherwise transmit any viruses, Trojan horses, worms, time bombs, corrupted files or other computer programming routines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any systems, data, personal information or property of another;
  • continue to use the Platform in a manner that interferes with or disrupts the integrity or performance of the Platform following a notice from MatchWork of such use;
  • attempt to gain unauthorized access to the Platform or its related systems or networks;
  • use or knowingly permit the use of any security testing tools to probe, scan or attempt to penetrate or ascertain the security of the Platform;
  • use any data mining, robots or similar data gathering or extraction methods;
  • access the Platform for the purpose of building a similar or competitive product or service or for the purpose of obtaining unauthorized access to the Platform; or
  • copy, translate, create a derivative work of, reverse engineer, reverse assemble, disassemble, or decompile the Platform or any part thereof or otherwise attempt to discover any source code or modify the Platform, except as expressly provided for in this Agreement.

MatchWork reserves the right to terminate, limit, or suspend User access to the Platform for any User breach of these restrictions or any other violation of any other term of this Agreement.


5. LICENSE TO USER CONTENT

  • User Content. Except for the material that We license to you pursuant to Section 6 of this Agreement, MatchWork does not claim ownership of any of the materials or User Content created, transmitted, uploaded, stored or otherwise made available on the Platform by You through your use of the Services. You hereby grant to MatchWork a limited license to collect and store User Content for the purpose of providing the Services. You further grant MatchWork a perpetual, irrevocable, and unlimited licence to use, store, and manipulate User Content to create aggregated and anonymized statistical analytics in respect to Platform use and other Services and User parameters and characteristics in accordance with the MatchWork Privacy Policy.
  • If You provide MatchWork with any suggestions, comments or other feedback (“Feedback”) relating to the website, MatchWork may use such Feedback in the website or in any other MatchWork products or services (collectively, “MatchWork Offerings”). Accordingly, You agree that: (a) MatchWork is not subject to any confidentiality obligations in respect to the Feedback, (b) the Feedback is not confidential or proprietary information of You or any third party and You have all of the necessary rights to disclose the Feedback to MatchWork, (c) MatchWork (including all of its successors and assigns and any successors and assigns of any of the MatchWork Offerings) may freely use, reproduce, publicize, license, distribute, and otherwise commercialize Feedback in any MatchWork Offerings, and (d) You are not entitled to receive any compensation or re-imbursement of any kind from MatchWork or any of the other users of the Website or Platform.
  • As between Us and you, you exclusively own all rights, title and interest in and to all of your data and User Content. MatchWork shall only access your Account, including Your Data, to respond to service or technical problems or as necessary for the operation of the Services or billing.  You hereby grant MatchWork and its affiliates a non-exclusive, irrevocable, perpetual, sub-licensable, transferable license to use, copy and otherwise exploit your data and User Content as reasonably required to provide the Services.  The forgoing license shall include the right for MatchWork to use, copy and otherwise exploit your data and User Content for the purpose of creating Anonymous Service Data.  MatchWork shall own all right, title and interest in and to the Anonymous Service Data, including all intellectual property rights in the Anonymous Service Data, and you hereby assign, transfer and convey to MatchWork any ownership interest you may have in any Anonymous Service Data. In addition, you agree that your Client Agency or Organization will have access to all your User Content and data.

 

6. INTELLECTUAL PROPERTY; MATCHWORK LICENSE

6.1 End User License. The Website, Platform, Services and the information and materials contained therein (except for information and material provided by Users of the Services), are the property of MatchWork and its licensors, and are protected from unauthorized copying and dissemination by copyright law, trademark law, and other intellectual property laws.  Subject to these Terms of Use, we grant you a non-transferable, non-exclusive, license to use the Website and Platform for your individual use, and not for the use of any other person or individual.  Nothing in the Terms of Use gives you a right to use the brand names, trademarks, logos, domain names, and other distinctive brand features we provide the Services under without our prior written consent.  You shall not attempt to override or circumvent any of the usage rules or restrictions on the Website or Platform.  Any future release, update, or other addition to functionality of the Website, Platform and Services shall be subject to the terms of these Terms of Use.


7. TERM; TERMINATION

7.1 Term. This Agreement will commence on the date it is entered into by You (“Effective Date”) and continue unless and until the Agreement is terminated in accordance herein. If your Employer’s subscription to the Platform or Services is terminated, you agree that this Agreement shall be terminated and you will no longer have access to the Platform.

7.2 Termination by MatchWork. MatchWork retains the right to terminate this Agreement and/or your ability to access the Platform and Services at any time without notice to You if any of the following occur: (i) material breaches or violations of these Terms of Use; (ii) request by law enforcement or other government agencies; (iii) discontinuance or material modification to the Website and/or Platform and Services (or any part thereof); (iv) unexpected technical, security or legal issues or problems, and/or  participation by You, directly or indirectly, in fraudulent or illegal activities (including, but not limited to falsification of your credentials).

7.3 Effect of Termination.  In the event of Termination by either Party, MatchWork reserves the right to delete any information in the User Account that it is not required by law to retain.


8. IMPORTANT DISCLAIMERS

8.1 Information Disclaimer.  Any information or materials provided by the Website, Platform and Services, such as assessment results and summaries; responses to assessment questions, including questions related to job preferences, User location, skills, and experience; User name, email, IP address, and Country; career and/or job matches and recommendations; communications between Client User and Employment Coach and  Client Agencies and Organizations; and User or system analytics, are for information purposes only. There is no guarantee that any of the information provided by the Website or Platform will be applicable to you and MatchWork does not make any representations or warranties about the effectiveness of any of the information and materials provided by the Website, Platform or Services. MatchWork expressly disclaims any and all liability or responsibility for any loss, harm, injury to person or property, illness, damage or any other claim arising as a result of User reliance on the information and material provided by the Website, Platform and Services.

8.2 Internet Security Disclaimer.  You understand that the transmission of User Content is necessary to use of the Services. Therefore, You expressly consent to MatchWork’s storage of User Content, which will involve transmission over the Internet, and over various networks, only part of which may be owned and/or operated by MatchWork. MatchWork is committed to protecting your privacy and we have safeguards in place that comply with Federal and Provincial laws, rules and regulations relative to storing personal information; however, You acknowledge and understand that User Content may be accessed by unauthorized persons when communicated across the Internet, network communications facilities, or other electronic means. MatchWork is not responsible for any User Content which is delayed, lost, altered, intercepted or stored during the transmission of any data whatsoever across public networks not owned or operated by MatchWork, including, the Internet and your local network. You agree that MatchWork is not in any way responsible for any interference with Your use of or access to the Services or security breaches arising from or attributable to the Internet and You waive any and all claims against MatchWork in connection therewith.

8.3 DISCLAIMER OF ALL IMPLIED REPRESENTATIONS, WARRANTIES AND CONDITIONS. THE INFORMATION AND MATERIALS PROVIDED ON THIS WEBSITE ARE PROVIDED “AS IS.”  SPECIFICALLY, BUT WITHOUT LIMITATION, MATCHWORK DOES NOT REPRESENT, WARRANT OR OFFER ANY CONDITIONS THAT: (I) THE INFORMATION OR MATERIALS ON THIS WEBSITE ARE CORRECT, ACCURATE, RELIABLE OR COMPLETE; (II) THE FUNCTIONS CONTAINED ON THIS WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE; (III) DEFECTS WILL BE CORRECTED, OR (IV) THIS WEBSITE OR THE SERVER(S) THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.  MATCHWORK SPECIFICALLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, EITHER EXPRESS, IMPLIED, STATUTORY, BY USAGE OF TRADE, COURSE OF DEALING OR OTHERWISE INCLUDING BUT NOT LIMITED TO ANY IMPLIED WARRANTIES OF MERCHANTABILITY, OR MERCHANTABLE QUALITY, NON-INFRINGEMENT, TITLE, SATISFACTORY QUALITY OR FITNESS FOR A PARTICULAR PURPOSE.  ANY INFORMATION OR MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE WEBSITE IS AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM, LOSS OF DATA, OR ANY OTHER LOSS THAT RESULTS FROM DOWNLOADING OR USING ANY SUCH MATERIAL.  MATCHWORK DOES NOT WARRANT, ENDORSE, GUARANTEE, PROVIDE ANY CONDITIONS OR REPRESENTATIONS, OR ASSUME ANY RESPONSIBILITY FOR ANY PRODUCT OR SERVICE ADVERTISED OR OFFERED BY ANY THIRD PARTY THROUGH THE WEBSITE OR IN RESPECT TO ANY WEBSITE THAT CAN BE REACHED FROM A LINK ON THE WEBSITE OR FEATURED IN ANY BANNER OR OTHER ADVERTISING ON THE WEBSITE, AND MATCHWORK SHALL NOT BE A PARTY TO ANY TRANSACTION THAT YOU MAY ENTER INTO WITH ANY SUCH THIRD PARTY.


9. LIMITATION OF LIABILITY
 

UNDER NO CIRCUMSTANCES SHALL MATCHWORK BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR OTHER DAMAGES THAT RESULT FROM (I) YOUR USE OF OR YOUR INABILITY TO USE, THIS WEBSITE OR ANY OF THE INFORMATION OR MATERIALS CONTAINED ON THIS WEBSITE, (II) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS, DATA, INFORMATION OR SERVICES, (III) ERRORS, MISTAKES, OR INACCURACIES IN THE MATERIALS ON THE WEBSITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY KIND WHATSOEVER ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE, ANY BUGS, VIRUSES, TROJAN HORSES, OR ANY OTHER FILES OR DATA THAT MAY BE HARMFUL TO COMPUTER OR COMMUNICATION EQUIPMENT OR DATA THAT MAY HAVE BEEN TRANSMITTED TO OR THROUGH THE WEBSITE, OR (V) ANY ERRORS OR OMISSIONS IN ANY MATERIAL ON THE WEBSITE OR ANY OTHER LOSS OR DAMAGE OF ANY KIND ARISING FROM OR RELATING TO YOUR USE OF THE WEBSITE.  THESE LIMITATIONS SHALL APPLY EVEN IF MATCHWORK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MATCHWORK’S LIABILITY TO YOU FOR ANY DAMAGES ARISING FROM OR RELATED TO THIS AGREEMENT SHALL NOT EXCEED THE TOTAL OF ANY AMOUNTS PAID BY YOU TO MATCHWORK IN THE TWO MONTHS PRECEDING THE DATE THAT THE CLAIM WAS FIRST MADE AGAINST MATCHWORK (IF ANY).  THE FOREGOING LIMITATIONS SHALL APPLY TO THE FULLEST EXTENSION PERMITTED BY LAW IN THE APPLICABLE JURISDICTION.


10. INDEMNIFICATION
 

YOU SHALL INDEMNIFY, DEFEND AND HOLD MATCHWORK AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, AGENTS, AND EMPLOYEES, HARMLESS FROM ALL CLAIMS, THREATS, ACTIONS, PROCEEDINGS, DEMANDS, DAMAGES, LOSSES, OBLIGATIONS, COSTS, AND EXPENSES INCLUDING REASONABLE ATTORNEYS’ FEES, MADE BY ANY THIRD PARTY DUE TO OR ARISING OUT OF MATERIALS SUBMITTED, POSTED, TRANSMITTED OR MADE AVAILABLE BY YOU THROUGH THE WEBSITE, YOUR USE OF THE WEBSITE, ANY VIOLATION BY YOU OF THESE TERMS OF USE, OR ANY VIOLATION BY YOU OF ANY RIGHTS OF ANOTHER (INCLUDING, WITHOUT LIMITATION, ALL INTELLECTUAL PROPERTY RIGHTS AND RIGHTS OF PUBLICITY, PERSONALITY OR PRIVACY), OR ANY VIOLATION BY YOU OF ANY APPLICABLE LAWS, RULES AND REGULATIONS GOVERNING THE COLLECTION, ACCESS, USE, DISCLOSURE AND STORAGE OF PERSONAL INFORMATION AND PERSONAL HEALTH INFORMATION, INCLUDING, WITHOUT LIMITATION, ANY CONSENT REQUIREMENTS THEREIN.


11. THIRD PARTY CONTENT

This Website may contain advertisements and/or links to other websites that are not owned or controlled by MatchWork.  MatchWork is not responsible for the content of any linked websites.  Any third-party websites or services accessed from the Website are subject to the terms and conditions of those websites and or services and You are responsible for determining those terms and conditions and complying with them.  The presence on the website of a link to any non-MatchWork websites does not imply that MatchWork endorses or accepts any responsibility for the content or use of such websites, and You hereby release MatchWork from all liability and/damages that may arise from Your use of such websites or receipt of services from any such websites.


12. GENERAL

12.1 Enforcement of Terms and Conditions.  If any part of these terms of use is unlawful, void, or unenforceable, that part shall be deemed severable and shall not affect the validity and enforceability of the remaining provisions.  The failure of MatchWork to exercise or enforce any right or provision under these terms of use shall not constitute a waiver of such right or provision.  Any waiver of any right or provision by MatchWork must be in writing and shall only apply to the specific instance identified in such writing.  No waiver by MatchWork of any provision of these terms of use shall be deemed to be a further or continuing waiver of such provision or any other provision.  You agree that any cause of action that You may have arising out of or related to this website or Your use of this website must commence within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

12.2 Assignment.  You may not assign the terms of use, or any rights or licenses granted hereunder, whether voluntarily, by operation of law, or otherwise without MatchWork’ prior written consent. MatchWork may assign the terms of use, or any rights or licenses granted hereunder, at any time without notice.

12.3 Survival.  In addition to Sections 5, 6, 7, 8, 9, 10, 12.1, 12.3, 12.4, and 12.5 all representations, warranties and conditions made by You in these terms of use shall survive the termination of these terms of use.  Unless otherwise explicitly identified as terminating elsewhere in these terms of use, all licenses granted by You in these terms of use shall survive their termination.  All payment obligations incurred by You prior to the termination of these terms of use shall survive their termination.

12.4 Entire Agreement.  These terms of use, together with any privacy policy that may be published on the website, constitute the entire agreement between the parties relating to the website and all related activities.  These terms of use shall not be modified except in writing signed by both parties or by a new posting of these terms of use issued by MatchWork.

12.5 Choice of Law. This Agreement and any action related thereto shall be governed by and construed in accordance with the laws of the Province of Alberta and the federal laws of Canada applicable therein, without regard to conflicts of law principles. The Parties hereby irrevocably attorn to the exclusive personal jurisdiction and venue of the courts sitting in Edmonton, Alberta.

12.6 English Language. It is the express wish of the parties that this Agreement and all related documents be drawn up in English.  C’est la volonté expresse des parties que la présente convention ainsi que les documents qui s’y rattachent soient rédigés en anglais

12.7 Contact.  If you have any questions about these Terms of Use or if you wish to make any complaint or claim with respect to the Website, Platform or Services please contact us at Hello@mymatchwork.com.

 

Last Updated: October 1, 2018