TERMS AND CONDITIONS OF SERVICE
Last modified: [APRIL 01, 2020]
Welcome to COVENANT GROUP LTD. (“ COVENANT GROUP ” ) website.
This page states the Terms of Services and Conditions (“Terms”) applicable when using any of the services offered by COVENANT GROUP. Please review the Terms below carefully as they contain important information about your legal rights, remedies and obligations, which you agree to comply with and be bound by, when accessing or using this website and/or any of the services offered by COVENANT GROUP.
These Terms constitute a legally binding agreement (“Agreement”) between you and COVENANT GROUP (as defined below) governing access to and use of this website, including any subdomains thereof, and any other websites through which COVENANT GROUP makes it services available (collectively, the “Site”), and all associated services (collectively, the “Services”). The Site is referred to as “COVENANT GROUP Website”. All of our other policies applicable to the use of the COVENANT GROUP Website are incorporated by reference into this Agreement.
Except as they may be supplemented by additional terms and conditions, policies, guidelines or standards, the Terms below constitute the entire Agreement between COVENANT GROUP and you pertaining to the subject matter hereof, and supersede any and all prior oral or written understandings or agreements between COVENANT GROUP and/or any of COVENANT GROUP’s representative and/or staff and you in relation to the access to and use of the COVENANT GROUP Website.
The Terms below do not and are not intended to confer any rights or remedies upon any person other than the parties.
If any provision of the Terms is held to be invalid or unenforceable, such provision will be struck and will not affect the validity and enforceability of the remaining provisions.
COVENANT GROUP’s failure to enforce any right or provision in these Terms will not constitute a waiver of such right or provision unless acknowledged and agreed to by COVENANT GROUP in writing. Except as expressly set forth in these Terms, the exercise by either party of any of its remedies under these Terms will be without prejudice to its other remedies under these Terms or otherwise permitted under law.
This Agreement is governed by the laws of the Province of Ontario, Canada, without giving effect to any principles of conflict of laws.
COVENANT GROUP does not warrant that the COVENANT GROUP Website will be lawful outside Canada. If you view, access, submit, or download materials to and from the Site outside Canada, you will be solely responsible for all your actions and assume all risks. You may not use or export any materials or make any copy or adaptation in violation of any application laws, rules, or regulations, including, but not limited to, Canadian export laws and regulations. The failure or delay by either party to enforce the Terms of this Agreement shall not be deemed as a waiver of such term.
SCOPE OF SERVICES
COVENANT GROUP Website enables registered users, consisting of individuals who seek employment opportunities (“Member(s)”), and third parties who offer employment opportunities (“Employer(s)” and the opportunities they offer are “Employment Opportunities”), to publish such Employment Opportunities on the COVENANT GROUP Website, and communicate and contract directly with Candidates that are seeking such Employment Opportunities.
COVENANT GROUP does not endorse any Employer Member and/or Employment Opportunity. Any references to an Employer and/or Member being "verified" (or similar language) only indicate that the Employer and/or Member has completed a relevant verification or identification process and nothing else. Any such denomination is not meant to be understood as an endorsement, certification or guarantee by COVENANT GROUP - about any Employer and/or Member, including whether or not an Employer’s and/or Member's identity or background or whether a Member and/or Employer is trustworthy, safe or suitable.
As a user being a candidate for one or more specific job open positions to satisfy the needs of one or more clients of COVENANT GROUP, if you choose to use the COVENANT GROUP Website and accept an offer of COVENANT GROUP, your relationship with that client will be limited to being a worker assigned temporarily by COVENANT GROUP to fulfill the job requirements and not an employee, agent, joint venture or partner of the client of COVENANT GROUP, unless that client decides previously agreed with COVENANT GROUP to extend a permanent job proposal after fulfilled a determined amount of hours worked on behalf of COVENANT GROUP on the location assigned by the client.
COVENANT GROUP does not, and should not be deemed to, direct or control users/workers or their performances and/or conducts under these Terms and in connection with the provision of the respective employment agreement contracted upon with a client.
Employers acknowledge and agree that they have complete discretion whether to post through the web site of COVENANT GROUP Employment Opportunities or otherwise engage in other employment activities.
Due to the nature of the Internet, COVENANT GROUP cannot guarantee the continuous and uninterrupted availability and accessibility to the COVENANT GROUP Website.
COVENANT GROUP may restrict the availability of COVENANT GROUP Website or certain areas or features thereof, if this is necessary in view of capacity limits, the security or integrity of its servers, or to carry out maintenance measures that ensure the proper or improved functioning of COVENANT GROUP Website. COVENANT GROUP may improve, enhance and modify COVENANT GROUP Website and introduce new Services from time to time.
COVENANT GROUP Website provides a forum for you to obtain Employment Opportunities and related information. By submitting or entering their information (“Material Information”) to the COVENANT GROUP Website, Candidates and Employers agree to grant COVENANT GROUP a perpetual, non-exclusive, and irrevocable worldwide licence and right, but not the obligation, to use, copy, modify, display, distribute, download, store, reproduce, transmit, publish, transfer, adapt, create derivative works in any manner, in entirety or a portion of, of the information submitted by Candidates and Employers, and by any means, forever and worldwide.
By submitting or entering Material Information to the COVENANT GROUP Website, you authorize to share said Material Information among Candidates, Employers and third parties’ users of COVENANT GROUP Website. You acknowledge and accept that the COVENANT GROUP Website is only a passive forum for users to obtain employment and career information. COVENANT GROUP reserves the right, in its sole discretion, to delete, remove, and refuse to display, or block any submitted Material Information that it considers to be unacceptable. In the event COVENANT GROUP receives notification regarding any unacceptable Material Information by any of its users, COVENANT GROUP reserves the right to, at its sole discretion, investigate and remove, if necessary, said Material Information from the COVENANT GROUP Website.
You acknowledge and agree that COVENANT GROUP may retain copies of the Material Information provided and disclose it to a third party if COVENANT GROUP believes that it is necessary to: (i) protect the integrity of the Site; (ii) protect rights of COVENANT GROUP; (iii) comply with any court order; (iv) comply with any legal or law enforcement proceedings; (v) assert COVENANT GROUP's claim under this Notice; and (vi) satisfy any claims regarding violations of third party's rights.
You understand and agree that COVENANT GROUP (a) does not warrant that you will receive any employment or job offers through the Site; (b) shall not be responsible for any employment offers, employment screenings, employment decisions, and actual employment presented by third parties; (c) does not guarantee the accuracy, completeness, validity, or timeliness of information listed by any third parties; (d) shall not be responsible for any materials posted by third parties, including, but not limited to, job openings and Employment Opportunities; and (e) is neither your employer nor your agent in any regard, unless you enter into a express written employment agreement with COVENANT GROUP. You shall use your own judgment, caution, and common sense in evaluating any Member, Employer and/or any information provided by any third party.
LINKS TO THIRD PARTY
The Site may have links, such as hyperlinks or buttons, directing access to third party's websites ("Linked Sites"). The Linked Sites may not be controlled or monitored by COVENANT GROUP. Therefore, COVENANT GROUP shall not be responsible for any materials, information, or content posted on the Linked Sites. The inclusion of the Linked Sites on the Site does not imply any relationship or association between COVENANT GROUP and the owner of the Linked Sites or any endorsement or sponsorship by COVENANT GROUP of the Linked Sites. COVENANT GROUP includes the Linked Sites solely for your convenience. You are solely responsible for your access to the Linked Sites. You shall use your own judgement, caution, and common sense in using said Linked Sites.
COVENANT GROUP’s web site doesn’t charge any fees to Hosts ("Host Fees") and/or Guests ("Guest Fees") (collectively, "Service Fees") in consideration for the use of the COVENANT GROUP Website.
Any applicable Service Fees (including any applicable Taxes) will be indicated to the Employer/Client during the negotiation phase of the rates for the position/s required by the client and will be part of a General Services Agreement to be signed between COVENANT GROUP and the Client. That Agreement could be found either downloadable on the Website in case of COVENANT GROUP so determines or delivered by a COVENANT GROUP representative, either in person or by e-mail. COVENANT GROUP reserves the right to change the Service Fees at any time and will provide users adequate notice of any fee changes before they become effective. Such fee changes will not affect any posting made prior to the effective date of the fee change.
Employers, Candidates and/or third parties are responsible for paying any Service Fees that you owe to COVENANT GROUP. The applicable Service Fees (including any applicable Taxes) will be collected by COVENANT GROUP directly. Except as otherwise provided on the COVENANT GROUP Website or any other way like printed copy or by e-mail, Service Fees are non-refundable once they are being accepted by agreement and executed by COVENANT GROUP.
As a candidate and/or Employer, you are solely responsible for determining your obligations to report, collect, remit any applicable taxes due to the respective government authorities ("Taxes").
Tax regulations may require us to collect appropriate Tax information from the COVENANT GROUP Website’s users. If a user fails to provide us with the required documentation under the applicable law (e.g., a tax number) that we determine to be sufficient to alleviate our obligation (if any), we reserve the right to cancel this Agreement.
You agree to indemnify, defend, and hold COVENANT GROUP, its parents, subsidiaries, affiliates, officers, directors, agents, employees, harmless from any claims or demands of any third party, including, but not limited to, attorneys' fees and legal fees, resulting from or arising out of your use of the COVENANT GROUP Website, your Material Information, or your violation of any terms and conditions of this notice.
You acknowledge and accept that: (a) you assume all risks related to or resulting from your usage, viewing, or access of the COVENANT GROUP Website. The COVENANT GROUP Website are provided on an "as is" and an "as available" basis; (b) COVENANT GROUP expressly disclaims all warranties of any kind, either express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, non-infringement, or warranties arising from course of performance, course of dealing or usage; (c) COVENANT GROUP expressly disclaims all warranties that (i) the COVENANT GROUP Website and its materials will be error-free or virus-free; (ii) the COVENANT GROUP Website will be uninterrupted and secure; (iii) the COVENANT GROUP Website will be uninterrupted and available at all times; (iv) the COVENANT GROUP Website will meet your requirements; and (v) the reliability, accuracy, completeness, validity, or truthfulness of any submitted Material Information.
LIABILITY AND LIMITATIONS OF LIABILITY
You agree to assume all risks associated with, arising out of, or resulting from your use of the COVENANT GROUP Website or any submitted Material Information, including, but not limited to, the risks of financial loss, physical harm, property damages, dealing with other users of the site, strangers, minors, or foreign nationals, and persons acting under false pretense.
You further agree to release COVENANT GROUP, its parents, subsidiaries, affiliates, officers, agents, and employees, harmless from all claims, demands, damages (direct, indirect, and consequential) of any kind or nature, known or unknown, associated with, arising out of, or resulting from your usage of the COVENANT GROUP Website, your submitted Material Information, any transactions related to or resulting from your use of the COVENANT GROUP Website.
You further understand and agree that in no event COVENANT GROUP, its parents, subsidiaries, affiliates, officers, agents, employees, and suppliers shall be liable for any direct, indirect, consequential, incidental, special damages, or damages for loss of profits, goodwill, revenue, data, or use, incurred by you or any third party, whether in an action in contract, tort, or breach or failure of warranty, even if COVENANT GROUP has been advised of the possibility of such damages.
In the event some jurisdictions prohibit the exclusion of certain warranties, the limitation of liability, or the disclaimer of certain damages COVENANT GROUP's aggregate liability for any damages shall not exceed CAD$10.
DISPUTE RESOLUTION AND ARBITRATION AGREEMENT
In the event a dispute arises out of or in connection with this Agreement, COVENANT GROUP and any user of the COVENANT GROUP Website shall attempt to resolve the dispute through friendly consultation/negotiation.
If the dispute is not resolved within 30 days of commenced then any or all outstanding issues may be submitted to mediation in accordance with any statutory rules of mediation. If mediation is not successful in resolving the entire dispute or is unavailable, any outstanding issues shall be submitted to final and binding arbitration in accordance with the laws of the Province of Ontario. The arbitrator's award shall be final, and judgment may be entered upon it by any court having jurisdiction within the Province of Ontario.
COVENANT GROUP may terminate or suspend your access to the COVENANT GROUP Website at any time, with or without cause or notice, including if we believe that you have violated or acted inconsistently with the letter or spirit of the Terms. Upon any such termination or suspension: (a) your right to access and use the COVENANT GROUP Website will immediately cease; (b) subject to applicable laws, COVENANT GROUP will be under no obligation to maintain or provide you with access to any materials of COVENANT GROUP (including the Material Information submitted by Candidates, Employers, and/or third parties), and may retain or delete such materials in COVENANT GROUP’s sole discretion; and (c) except for the license granted to you to access and use the COVENANT GROUP Website, the remaining provisions of these Terms will survive and continue in effect.
COVENANT GROUP is committed to create a world where people from every background feel more included and respected. Our commitment to these principles enables every user of our community to feel welcome on the COVENANT GROUP Website.
Unless specified otherwise, any notices or other communications to Candidates and/or Employers permitted or required under this Agreement, will be provided electronically and given by COVENANT GROUP via email or mail.