Terms of Business

Terms and Conditions

Last Updated: July 24, 2008

This web site (this "Site") is provided by Bohire Inc. (“Bohire”), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using or downloading messages, information, data, text, software, images or other materials from this Site (the "Content"), or by sending messages, information, data, text, software, images or other materials to this Site ("Materials"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use of, and each visit to, this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site, download or use Content or submit Materials. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with Bohire. In case of inconsistency between these Terms and Conditions and any other agreement you may have with Bohire, the other agreement shall prevail, but only to the extent of the inconsistency.

1. PERMITTED AND PROHIBITED USES

2. REGISTRATION AND PASSWORD

3. EMPLOYERS

4. MONEY BACK GUARANTEE

5. REFERRERS

6. CASH REFERRAL REWARDS

7. FEEDBACK

8. CANDIDATES

9. CHANGES TO TERMS AND CONDITIONS

10. CHANGES TO THIS SITE

11. LIMITED USE

12. PROPRIETARY RIGHTS

13. LINKS AND THIRD PARTY MATERIALS

14. AGREEMENT TO PRIVACY POLICY

15. DISCLAIMERS

16. LIMITATION OF LIABILITY

17. INDEMNITY

18. CHOICE OF LAW

19. ARBITRATION

20. GENERAL

21. ADDITIONAL TERMS OF USE

22. FRENCH LANGUAGE

1. Permitted and Prohibited Uses

The Site may be used only for lawful purposes by individuals seeking employment and career information ("Candidates"), by Candidate referrers (“Referrers”) and by employers seeking employees ("Employers"). You agree to use the Site only to send Materials and receive Content that is proper, accurate and related to the purpose of the Site. Bohire reserves the right to immediately, and without notice, de-activate or suspend a Referrer or Employer account and remove a Candidate profile if any of the terms and conditions of this agreement are violated.

2. Registration and Password

Employers and Referrers must open and maintain an account with Bohire (an “Account”) before they will be allowed to use any of the Site related services (the “Services”). You agree that all information supplied by you in connection with the opening or maintenance of an Account will be accurate. You must be 18 years of age or older to be permitted to Open an account on Bohire. Bohire may accept or reject Account applications in Bohire’s discretion. Bohire may cancel or suspend any Account in Bohire’s discretion.

Employers and Referrers agree not to open more than one Account. A Referrer may appear under a single nickname at the Site, provided that the Account registration information provided by that Referrer must contain the true name of the Referrer.

You are responsible for maintaining the confidentiality of your Account information and password. You are responsible for all uses of your account, whether or not authorized by you. You agree to immediately notify Bohire of any unauthorized use of your account or password.

Employment agencies or employment services may not open an Account.

3. Employers

If you are an Employer, you agree (a) that information contained in your job postings at the Site will be accurate,
(b) to promptly notify Bohire if you hire a Candidate, and (c) to pay Bohire all amounts which become payable by you for the use of the Site or Services. As a condition of an Employer opening or continuing to use any Account, Bohire may require (but is not obligated to require) the payment of a deposit by the Employer. The deposit will be held by Bohire and may be applied by Bohire against amounts owing by the Employer for the use of the Site or any Services. The unapplied balance of any such deposit will be returned to the Employer within 60 days after the Employer cancels its Account.

4. Money Back Guarantees

When the Employer hires a Candidate, the Employer is required to notify Bohire and specify the date on which the Candidate is to commence work (the “Start Date”). Bohire offers 30, 60 and 90 day money back guarantees (the “Guarantee Period”). Bohire will refund the fee the employer agreed to pay in connection with hiring a Candidate if (a) that Candidate resigns, is dismissed or otherwise ceases to be employed by the Employer within the guarantee period, and (b) the Employer notifies Bohire of that resignation, dismissal or cessation within the Guarantee Period. The Guarantee Period begins the date on which the Candidate is to commence work (the "Start Date"). The 30 day guarantee applies to Referral Rewards of $3149 and below and is deemed to have been met if the Candidate is still employed by the Employer 30 calendar days after the Start Date. The 60 day guarantee applies to Referral Rewards of $3150 to $5249 and is deemed to have been met if the Candidate is still employed by the Employer 60 calendar days after the Start Date. The 90 day guarantee applies to Referral Rewards of $5250 and above and is deemed to have been met if the Candidate is still employed by the Employer 90 calendar days after the Start Date.

5. Referrers

If you are a Referrer, you agree that you will not submit any information concerning a Candidate (a) without the consent of that Candidate, or (b) which you know or suspect to be misleading or inaccurate.

6. Cash Referral Rewards

Job postings at this Site set out a cash referral reward (the “Referral Reward”) which will be paid to the Referrer who refers the Candidate that is hired to fill the job. Bohire will pay the Referral Reward within 30 days of the completion of the Guarantee Period. However, Bohire will not pay the Referral Reward to the Referrer unless the Employer first pays the Referral Reward to Bohire. Also, if an Employer exercises its right to receive a refund under the Money Back Guarantee, no Referral Reward will be paid for the job posting associated with that refund. No Referral Reward will be paid if a Referrer refers himself/herself for a job and the Referrer subsequently accepts that job. Before a Referral Fee can be paid to a Referrer, the Social Insurance Number of the Referrer must be provided to Bohire for purposes of reporting required under the Income Tax Act(Canada).

7. Feedback

The Site contains a feature which allows Employers to leave comments and ratings (“Feedback”) concerning Referrers. Feedback will be available for review by Employers. You should use caution and good judgment when leaving Feedback. Your Feedback will be part of the Referrer’s record at the Site. If Bohire concludes that the Feedback for any Referrer has been distorted by manipulation, threat or improper agreement, Bohire may take such action as it considers appropriate, including the cancellation or suspension of any Account and the removal of any Feedback.

8. Candidates

If you are a Candidate, you agree that any information provided by you for posting at the Site, or for delivery to an Employer, will be accurate and not misleading.

9. Changes to Terms and Conditions

Bohire has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the “Date of Last Update" at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Content from it after any such changes are posted will constitute acceptance of those changes.

10. Changes to this Site

Bohire may terminate, change, suspend or discontinue any aspect of this Site at any time without notice or liability, including (i) changing the availability of any features; (ii) changing any fees or charges for use of the Site or the Services, including instituting new or increased fees or charges for the use of the Site or any Services or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site. Bohire reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.

11 . Limited Use

Subject to these Terms and Conditions, Bohire grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, solely for your own personal or internal company use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content; (ii) sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Content on any other web site; (iii) print or copy any of the HTML or other computer programs that are accessible at this Site; (iv) use this Site in any manner that could damage, disable, overburden or impair this Site; (v) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vi) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (vii) upload, post or otherwise transmit on this Site any Materials that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (viii) use any robot, spider or other automatic program or device, or manual process, to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; (ix) use or attempt to use another's account, password, service, system or other information without prior written authorization from Bohire; (x) create or use a false identity on this Site (except that Referrers may appear under a single nickname at the Site); (xi) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiii) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xiv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.

You may post certain Materials to the Site. You may only post Materials for the lawful, stated purposes of this Site. You agree, that in posting Materials, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate information; (ii) post any franchise, pyramid scheme, multi-level marketing (MLM) opportunity, "club membership", distributorship or sales representative agency arrangement or other business opportunity which requires an up front or periodic payment, requires recruitment of other members, sub-distributors or sub-agents; (iii) delete or revise any material posted by any other person or entity; (iv) post or transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortuous or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; or (v) impersonate any person or entity, including without limitation a Bohire employee or agent, an authorized user of Bohire's Services, a Candidate, a Referrer, an Employer, or otherwise misrepresenting your affiliation with any person or entity.

In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials and Content. Bohire will cooperate with law enforcement authorities in prosecuting users who are involved in violations of those laws.

Bohire reserves the right at all times to disclose any Materials or other information provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Materials, in whole or in part, that in Bohire’s sole discretion is objectionable or in violation of these Terms and Conditions.

12. Proprietary Rights

The Service names, company names and logos used on this Site may be trademarks, including registered trademarks of Bohire. Such Service names, company names and logos of Bohire may not be copied, imitated or used, in whole or in part, without the prior written consent of Bohire. Other services and company names mentioned on this Site may be the trademarks of their respective owners.

Bohire's Services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. Bohire reserves all such rights.

Any software, including any files or images generated by such software, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of Bohire or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.

13. Links and Third Party Materials

Certain links on this Site may take you to other web sites. Bohire provides these links only as a convenience. These linked sites are not necessarily under the control of Bohire. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.

Bohire is not responsible for the contents of any such linked page or any other page not under its control. Bohire makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that Bohire sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of Bohire.

14. Agreement to Privacy Policy

You agree to abide by the Bohire privacy policy, a copy of which is accessible from the home page of this Site

15. Disclaimers

The Site acts as a venue for Employers to post job openings, for Referrers to refer Candidates and for Candidates to seek employment. The Site contains materials, data and information which is provided by third parties. Because user authentication on the Internet is difficult, Bohire cannot and does not confirm that each user of the Site is who they claim to be. Bohire does not review, screen or censor the Content of the Site. As a result, Bohire has no control over the quality, safety or legality of the referrals, Content, the truth or accuracy of any Content or the ability of Candidates to fill job openings. Other people's information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled.

Any use of or reliance on the Site or any Content shall be at the user’s sole risk and Bohire shall have no liability whatsoever for any such use or reliance. Bohire makes no representation or warranty of any kind regarding the Site, or the truth, accuracy, currency or completeness of the Content, or the results to be obtained using the Site or the Content. The Site and the Content are provided on an "AS IS" basis. Bohire shall not be responsible for any employment decisions made by any Employer or Candidate. BOHIRE EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. BOHIRE DOES NOT WARRANT THAT THE SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE. Applicable law may not allow the exclusion of implied warranties, so this exclusion may not apply to you.

Because Bohire does not and cannot be involved in user-to-user dealings or control the behaviour of participants on the Site, if you have a dispute with one or more users, you release Bohire (and Bohire’s agents and employees) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such dispute. In addition, there may be risks, including but not limited to risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretences. You assume all risks associated with dealing with others with whom you come in contact through the Site.

16. Limitation of Liability

YOU AGREE THAT BOHIRE AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, OR LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF BOHIRE, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that Bohire’s aggregate liability for damages shall be limited to $100.

The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.

17. Indemnity

You agree to defend, indemnify and hold harmless each of Bohire, its affiliates, and each of their officers, directors, employees and agents, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, resulting from your use of the Site and the Content or your breach of these Terms and Conditions.

18. Choice of law

This Site is controlled, operated and administered by Bohire from its offices within Canada. Bohire makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.

19. Arbitration

Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Toronto, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.

Notwithstanding the foregoing, each party may pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.

20. General

(i) Except as expressly provided in additional terms of use for specific areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between Bohire and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (vi) No changes to these Terms and Conditions shall be made except by a revised posting on this page.

21. Additional Terms of Use

Certain areas of this Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.

22. French Language

You consent and request that these Terms and Conditions and all documents evidencing or relating in any way to these Terms and Condtions be drawn up in the English language only. Le sousigné reconnaît par le présente avoir consenti et demandé que tous les documents faisant foi ou se rapportant de quelque manière au présente soient rédigés en anglais seulement.