OhMyJob.com CONNECTS EMPLOYERS WITH JOB OFFERS AND APPLICANTS SEEKING THIS TYPE OF EMPLOYMENT.

PLEASE READ THESE TERMS OF SERVICE, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND OBLIGATIONS. THESE INCLUDE VARIOUS LIMITATIONS AND DISCLAIMERS A JURISDICTION CLAUSE IN CASE OF LITIGATION, AND OBLIGATIONS TO APPLICABLE LAWS AND REGULATIONS.

EMPLOYERS MUST BE LEGALLY REGISTERED, HOLD A PERMIT OR LICENSE TO OPERATE BEFORE ADVERTISING A JOB POST OR APPROVING A CANDIDATE.<h/2>
FAILURE TO COMPLY WITH THESE LAWS WILL LEAD TO FINES OR OTHER PENALTIES. EMPLOYERS MUST BE IN GOOD STANDING WITH LOCAL APPLICABLE LAWS, BEFORE POSTING JOB ADS ON OhMyJob.com.

Last Updated: May 24, 2018

TERMS OF SERVICE

If you are using the Site, or Services and you reside in Canada, you are contracting with OhMyJob.com by GRESAM GLOBAL, Inc. with respect to use of the OhMyJob.com Site, or Services, and with STRIPE Inc. when payment is made through the Site.

OhMyJob.com provides an online platform that connects Employers with job offers and applicants seeking this type of employment (hereinafter collectively the “Services”), which Services are accessible at https://bestaffin.com/en  and any other Websites through which OhMyJob.com renders the Services available (hereinafter collectively, the “Site”). By using the Site, you agree to comply with and be legally bound by the terms and conditions of these Terms of Service (“Terms”), whether or not you become a registered user of the Services. These Terms govern your access to and use of the Site, and Services and all Collective Content (defined below) and constitute a binding legal agreement between you and OhMyJob.com.Please read carefully the Private Policy.

If you do not agree to these Terms, you have no right to obtain information from or otherwise continue using the Site, or Services. Failure to use the Site, or Services in accordance with these Terms may subject you to civil and criminal penalties.

THE SITE AND SERVICES ARE AN ONLINE PLATFORM ON WHICH EMPLOYERS MAY POST JOBS ADS THAT CANDIDATES MAY ACCESS FOR INFORMATION OR TO APPLY TO SUCH JOBS DIRECTLY TO EMPLOYERS. YOU UNDERSTAND AND AGREE THAT OhMyJob.com IS NOT AN PLAYING PARTY TO ANY AGREEMENT CONTRACTED BETWEEN EMPLOYERS AND CANDIDATES, AND DOES NOT ACT AS AN AGENCY OR PERSONAL INVESTMENT OFFICER, OR INSURER. OhMyJob.com CARRIES NO CONTROL ON THE BEHAVIOUR OF EMPLOYERS CANDIDATES AND OTHER USERS OF THE SITE AND SERVICES OR REGARDING JOBS AND OhMyJob.com DISCLAIMS ANY RESPONSIBILITY AS SUCH, TO THE EXTENT PERMITTED BY LAW.

ALSO, BY ACCEPTING THESE TERMS AND CONDITIONS, YOU UNDERSTAND AND AGREE THAT WHETHER YOU ARE CANDIDATE OR EMPLOYER, THAT COMMENTS AND RATINGS OF EVALUATION WILL BE LEFT BY THE CANDIDATES AND THE EMPLOYERS, SO AS TO SHARE THEIR EXPERIENCE WITH OTHER USERS TO FACILITATE THE RECRUITMENT AND APPLICATIONS PROCESS.

CANDIDATES AND EMPLOYERS DISCLAIM ANY RECOURSE ONE AGAINST THE OTHER WITH REGARDS TO COMMENTS OR ASSESSMENTS. OhMyJob.com CANNOT BE PROSECUTED IF COMMENTS ARE DEEMED UNPLEASANT OR UNJUST.

Key Terms

“OhMyJob.com Content” means all Content that OhMyJob.com makes available through the Site, or Services, including any Content licensed from a third party, but excluding Member Content.

” Latency period “ means the period that begins when a candidate applies for a job (as determined by OhMyJob.com in its sole discretion ) and during which an employer may decide to confirm or deny this application as indicated on the Site, or Services.

“Collective Content” means Member Content and OhMyJob.com Content.
“Content” means text, graphics, images, music, audio, video, information or other materials.

“Candidate” means a Member seeking to apply to an employer for a job through the Site, or Services, or who work in a Member Institution and that is not the Employer.

” Employer “ means a Member who creates a job Ad , aiming to fill a ” Period On Employment” through the Site or Services .

“Ads “ means a proposed Employment by Employer through the Site, and Services.

“Member” means a person who creates a OhMyJob.com account, including in particular employers and candidates, as defined in Article “Create Account” below.

“Member Content” means all Content that a Member posts, uploads, publishes, submits, transmits, or includes in their Listing or Member profile to be made available through the Site, or Services.

“Tax” or “Taxes” mean any sales taxes, value added taxes (VAT), goods and services taxes (TPS), Québec sales taxes (TVQ) that Employers and Companies may be required by law to collect and remit to governmental agencies, and other similar municipal, state, federal and national indirect or other withholding and personal or corporate income taxes.

Certain areas of the Site (and your access to or use of certain aspects of the Services or Collective Content) may have different terms and conditions posted or may require you to agree with and accept additional terms and conditions. If there is a conflict between these Terms and conditions posted for a specific area of the Site, Services, or Collective Content, the latter terms and conditions will take precedence with respect to your use of or access to that area of the Site, Services, or Collective Content.

YOU ACKNOWLEDGE AND AGREE THAT, BY ACCESSING OR USING THE SITE, OR SERVICES OR BY DOWNLOADING OR POSTING ANY CONTENT FROM OR ON THE SITE, OR THROUGH THE SERVICES, YOU ARE INDICATING THAT YOU HAVE READ, AND THAT YOU UNDERSTAND AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS, WHETHER OR NOT YOU HAVE REGISTERED WITH THE SITE. IF YOU DO NOT AGREE TO THESE TERMS, THEN YOU HAVE NO RIGHT TO ACCESS OR USE THE SITE, SERVICES, OR COLLECTIVE CONTENT.

If you accept or agree to these Terms on behalf of a company or other legal entity, you represent and warrant that you have the authority to bind that company or other legal entity to these Terms and, in such event, “you” and “your” will refer and apply to that company or other legal entity.

Modification

OhMyJob.com reserves the right, at its sole discretion, to modify the Site or Services or to modify these Terms, including the Service Fees, at any time and without prior notice. If we modify these Terms, we will either post the modification on the Site or otherwise provide you with notice of the modification. We will also update the “Last Updated Date” at the top of these Terms. By continuing to access or use the Site or Services after we have posted a modification on the Site or have provided you with notice of a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Site and Services.

Eligibility

The Site and Services are intended solely for persons who are 16 or older. Any access to or use of the Site or Services by anyone under 16 is expressly prohibited. By accessing or using the Site or Services you represent and warrant that you are 16 or older.

How the Site and Services Work

The Site and Services can be used to facilitate the publication of advertisements and the filling of vacancies (hereinafter the ” Jobs “). Such Jobs are included in on the Site and Services by Employers. You may view Listings as an unregistered visitor to the Site and Services; however, if you wish to apply for a « Period of Employment » or create a Listing, you must first register to create an OhMyJob.com Account (defined below).

As stated above, OhMyJob.com makes available an online platform or marketplace with related technology for Candidates and Employers to meet online and arrange for bookings a « Period of Employment » directly with each other.

OhMyJob.com is neither owner nor operator of restaurants, including without limitation, hotels, motels, restaurants, food truck, bars, campsites or recreational centers, nightclubs, discos, cabarets, catering, spas or other types of accommodation and recreational complex ; she has not the local supplier, including, without limitation, hotels restaurants, motels, food trucks, bars, campsites or recreational centers, nightclubs, discos, cabarets, catering, spas or other types accommodation and recreational complex and OhMyJob.com does not have, does not sell, does not praise, not leases it back, does not handle and / or control of property not including, notably, hotels, motels, restaurants, food trucks, bars, campsites or recreational centers, nightclubs, discos, cabarets, catering, spas or other types of accommodation and recreational complex. Unless explicitly specified otherwise in the OhMyJob.com platform, OhMyJob.com‘s responsibilities are limited to facilitating the availability of the Site and Services and act as an intermediary in the placement of specialized personnel for the purpose of helping Candidates and Employers to get in touch.

PLEASE NOTE THAT, AS STATED ABOVE, THE SITE AND SERVICES ARE INTENDED TO FACILITATE THE CONNECTING OF EMPLOYERS AND CANDIDATES AND AND THE SECURING OF EMPLOYMENT DURATION DIRECTLY CONTRACTED BY THE PARTIES. OhMyJob.com CAN NOT CONTROL AND DOES NOT CONTROL THE CONTENT OF ADVERTISEMENTS OR CONDITION, LEGALITY OR SUITABLE JOBS CHARACTER. OhMyJob.com DISCLAIMS ALL LIABILITY FOR ADS AND JOBS. THEREFORE, THE MEMBER OR WILL CARRY ACCEPT THEIR JOBS TO THEIR OWN RISK.

Account Registration

In order to access certain features of the Site and to apply and book a Work Period or create an Ad, you must register to create an account (hereinafter a ” OhMyJob.com Account”) and become a Member. You may register to join the Services directly via the Site or as described in this section.

Your OhMyJob.com Account and your OhMyJob.com Account profile page will be created for your use of the Site based upon the personal information you provide to us. You may not have more than one (1) active OhMyJob.com Account. You agree to provide accurate, current and complete information during the registration process and to update such information to keep it accurate, current and complete. OhMyJob.com reserves the right to suspend or terminate your OhMyJob.com Account and your access to the Site and Services if you create more than one (1) OhMyJob.com Account, or if any information provided during the registration process or thereafter proves to be inaccurate, fraudulent, not current or incomplete. You are responsible for safeguarding your password. You agree that you will not disclose your password to any third party and that you will take sole responsibility for any activities or actions under your OhMyJob.com Account, whether or not you have authorized such activities or actions. You will immediately notify OhMyJob.com of any unauthorized use of your OhMyJob.com Account.
OhMyJob.com reserves the right to download logos, photos and descriptions of the establishments register on OhMyJob.com to complete the undertaken pages left empty or incomplete by the holder of the account company. These logos, photos and descriptions can be downloaded from the Web sites of companies to indicate to the Candidates their presence on OhMyJob.com.

Classifieds Jobs

As a Member, you may create Listings. To create a Listing announcement, several questions will be asked about the job concerned, including in particular , on the location, type of job, competence, work clothing required, the characteristics and duration of Employment and the amount of the gross hourly wage and the financial rules and conditions attached.

In order to be featured in Listings via the Site and Services, all announcement must have valid physical addresses. Listings will be made publicly available via the Site and Services. Other Members may apply to your job offers via the Site and Services based upon the information provided in your Listing. You understand and agree that: when a candidate applies for your offer of employment, you cannot ask the Candidate agreed to pay at a lower or higher rate than indicated in the offer of Employment. You acknowledge and agree that you alone are responsible for any and all Listings and Member Content and ads you post. Accordingly, you represent and warrant that you post any announcement and any offer of employment, or any work of a candidate for a job subject to an Ad that you published do not violate any agreement you would have given to third parties, such as union council agreements, condominium regulations, leases or rental agreements and (a) shall comply with all applicable laws (such as labor laws, town planning and laws governing rentals of residential property and other properties), tax obligations, rules and regulations that may apply to all jobs subject to an Ad that you published (including obtaining all permits, licenses and required recordings) and (b) does not violate the rights of others.

Please note that OhMyJob.com assumes no responsibility for a Employer’s compliance with any agreements with or duties to third parties, applicable laws, rules and regulations. OhMyJob.com reserves the right, at any time and without prior notice, to remove or disable access to any Listing for any reason, including Listings that OhMyJob.com, in its sole discretion, considers to be objectionable for any reason, in violation of these Terms or OhMyJob.com ‘s then-current User Privacy statement, or otherwise harmful to the Site or Services.

If you are an Employer, you understand and agree that OhMyJob.com not act in Recruiter quality, insurer or contract agent for your account. If a candidate applies for a job and your offer is accepted by the Employer, any agreement you have with said candidate engages only you and such Candidate, OhMyJob.com not a party to it.

When you create a Listing, you may also choose to include certain conditions that must be met by the Members may request to apply to your offer of employment, such as requiring that Members have a photo on their profile, the exact skills required or tested curriculum vitae in order to apply for your job offer. Any Member wishing to apply for a job offers included in Listings with such requirements must meet these requirements. More information on how to set such requirements is available via the “Employers” section of the Site and Services.

If you are an Employer, OhMyJob.com puts some tools at your disposal to help you make informed decisions on Members wishing to apply to your offer of employment, you have chosen to confirm or pre-approved.

You acknowledge and agree to be, as an employer, responsible for your own acts and omissions and those of everyone living or working in the property upon your request or invitation, except the candidate.

OhMyJob.com may offer Employers the opportunity to photograph their establishments by photographers. If you, as an Employer, choose to have a photographer do this, the photographs taken will be made available to you to include in your Listing with a watermark or tag bearing the words “OhMyJob.com Verified Photo” or similar wording (“Verified Images”). You agree that you alone are responsible for ensuring that your Listing is accurately represented in the Verified Images. You alone are responsible for using the Verified Images and you warrant that you will cease to use the Verified Images or any other images if such images cease to accurately represent your Listing. All images, materials and content created by these photographers, including Verified Images, constitute OhMyJob.com Content, regardless of whether you include them in your Listing. You agree that OhMyJob.com may use the Verified Images for advertising, marketing, commercial and other business purposes in any media or platform, whether in relation to your Listing or otherwise, without further notice or compensation.

No Endorsement

OhMyJob.com does not endorse any Member or any Employer. You understand that Verified Images are intended only to indicate a photographic representation of the Establishment at the time the photograph was taken. Verified Images are therefore not an endorsement by OhMyJob.com of any Member or any Employer. Members are required by these Terms to provide accurate information, and although OhMyJob.com may undertake additional checks and processes designed to help verify or check the identities or backgrounds of users, we do not make any representations about, confirm, or endorse any Member or the Member’s purported identity or background.

Any references in the Site or Services to a Member being “verified” or “connected” (or similar language) only indicate that the Member has completed a relevant verification process, and does not represent anything else. Any such description is not an endorsement, certification or guarantee by OhMyJob.com about any Member, including of the Member’s identity and whether the Member is trustworthy, safe or suitable. Instead, any such description is intended to be useful information for you to evaluate when you make your own decisions about the identity and suitability of others whom you contact or interact with via the Site and Services. Therefore, we recommend that you be careful when you decide to work for an employer or accept a nomination of a candidate or have any other relationship with another Member. Excluding what is stipulated in these Terms and Conditions of OhMyJob.com, which is an agreement between OhMyJob.com and Employers, we are not responsible for any damage or injury resulting from your interactions with other Members.

By using the Site or Services, you agree that any legal remedy or liability that you seek to obtain for actions or omissions of other Members or other third parties will be limited to a claim against the particular Members or other third parties who caused you harm. You agree not to attempt to impose liability on or seek any legal remedy from OhMyJob.com with respect to such actions or omissions. Accordingly, we encourage you to communicate directly with other Members on the Site and Services regarding any bookings or Listings made by you. This limitation does not apply to claims made by an Applicant against OhMyJob.com discount on payments received from Employer, which instead shall be subject to the limitations described in the section below entitled “Limitation of Liability”.

Recruitment and Financial Terms

Key definitions

“Salary” means the amounts due and payable by an employer for work done by the Candidate Member. Only the Employer, and not OhMyJob.com, is responsible for salaries for its announcement. The Employer may, at its discretion, decide to include these amounts in bonus or other compensation allowed on the platform OhMyJob.com.

“Fees” means the fees invoiced by OhMyJob.com to an Employer for the use of its services, calculated as a percentage of the applicable salaries. The commission amount will be communicated to the Employer when he is asked if he wishes to confirm the hiring of the candidate.

Recruitment and Financial Terms for Employers and Candidates

If you are an employer and find a job announcement or Applicant (s) through the Site or Services, you will need to either confirm or deny or application (s) during the period of latency otherwise, the announcement will expire automatically. When Application is accepted through the Site or Services, we inform you : the first name, the name of the candidate who applied to your job offers. When you confirm the use of a Candidate, OhMyJob.com sends you an email, SMS or message through the Site confirming the said recruitment, depending on the choices you made on the Site and Services.

For its part, the candidate also receives an email confirmation of employment, with full details of the establishment in which he must go.

To place your ad for a Period of Employment offered to a candidate, you understand and agree that OhMyJob.com, demand full payment of the finder’s fee via credit card. Please note that OhMyJob.com cannot control any costs that may be charged to an employer by his bank, and related to recovery by OhMyJob.com Commissions and OhMyJob.com disclaims all liability in this regard.

As part of your recruitment application for Employment Period, you will be asked to provide the usual billing information (such as your name, billing address and credit card information) to OhMyJob.com or one or more third managing payments on its behalf. You agree to pay all recruitment OhMyJob.com for a Period of Employment confirmed and carried through your OhMyJob.com In accordance with these Conditions by any of the methods described on the Site, for example, by PayPal or Stripe. You hereby authorize the recovery of the said amounts by debiting the credit card provided during the booking period of employment, either directly or indirectly by OhMyJob.com through a third party managing the online payment or by one the methods described on the Site.

If you are directed to the asset manager OhMyJob.com payments, you may need to comply with the terms and conditions governing the use of the service and third (their) practice of collecting personal data. Please read these conditions and privacy policy before using these services. Once the reservation procedure is finished, you will receive a confirmation email summarizing your reservation and confirmed.

In return for the use of the marketplace and online platform OhMyJob.com, OhMyJob.com could applies Service Fee (CA $ 0.30)

Please note that OhMyJob.com may impose or deduct a fee for the processing of foreign currency on any payment or payment by OhMyJob.com in a currency other than the dollar CA. Further information regarding such commissions or deductions will be available on the Website. Further information about service fees you may be sent following a request addressed info@ohmyjob.com. Unless otherwise indicated herein, the Service Fee is not refundable.

In addition to the amount due, if your account is in debit or you otherwise chargebacks on your account, you may be charged for incidentals to our recovery of these amounts and chargeback fees. Such expenses might include recovery charge a convenience fee, or other charge of third parties. You hereby expressly agree that any communication relating to accounts receivable will be made by email or phone, as you have agreed with OhMyJob.com. Such communication may be made by OhMyJob.com or by another person on his behalf, including but not limited to third collector.

OhMyJob.com does not guarantee payment to amounts due from Candidates Employers. By agreeing to be designated as an intermediary authorized under limited Employer OhMyJob.com excludes disclaims responsibility for acts or omissions of the Employer.

Please note that OhMyJob.com does not charge currently in charge of creating ads. However, you acknowledge and agree, as an employer, that OhMyJob.com reserves the right, in its sole discretion, to charge and collect fees for creating ads. Please note that OhMyJob.com inform you of any charges applying to ads through the Site and Services, before introducing such fees.

Recruitment and Financial Terms for Candidates

Employers, not OhMyJob.com, are solely responsible for the payment of wages and confirmed the Period Job reserved on the Site or Services. If you, as a candidate, choose to work with an employer, you agree and understand that you will have a contract with the Employer and agree to the terms, conditions, rules and restrictions associated with said Employment and imposed by the Employer. You acknowledge and agree that you, and not OhMyJob.com, have to meet obligations under the contracts in question, OhMyJob.com is not a party to these contracts, and OhMyJob.com disclaims all liability related or arising .

General Recruitment and Financial Terms

Cancellations and Refunds

If, as an employer, you cancel your job offer before it is confirmed and accepted by the Candidate, OhMyJob.com refund all amounts debited to your credit card in connection with such offering employment within a reasonable time from a commercial point of view.

If, as an employer, you want to cancel a confirmed job Period made through the Site or Services, three (3) hours before the arrival of the Candidate in the listing, politics cancellation will apply to such cancellation. Our ability to pay back fees and other amounts that you were charged is governed by the provisions of the applicable cancellation policy. Detailed information regarding refunds and cancellation policies are available via the Website.

If an Employer cancels a confirmed Period of work done through the Site, the Services and Application, thirty (30) minutes after the scheduled time of hiring OhMyJob.com will not reimburse the Employer on Fees relating to work period in question.

In case of cancellation of the Employment Period, the Employer, the latter and the deposed candidate can repost an ad and re- apply for another ad, within a reasonable time from a technical point of view.

If, as an employer or Candidate cancels regularly (OhMyJob.com that deems, in its sole discretion, will consider as questionable and harmful to the Site or the Services or for any reason, as contrary to these Terms of OhMyJob.com uses in force) an experienced recruitment, you agree that OhMyJob.com may apply penalties or other consequences to yourself, to your profile or your announcement, including publishing an automatic comment on your ad or your Profile Period stating that Job was canceled, or you do not get in the establishment you made or were expected ; keeping the calendar for your Listing unavailable or blocked for the dates of the cancelled recruitment, or imposing a cancellation fee (which will be deducted from your future payments or charged to the credit card on file for your account OhMyJob.com). You will be notified of the situations in which a cancellation fee applies before you decide to cancel.

In certain circumstances, OhMyJob.com may decide, in its sole discretion, that it is necessary or desirable to cancel a confirmed period of employment made via the Site and Services. OhMyJob.com may also decide, at its sole discretion, to reimburse the Employer of all or part of the amounts invoiced to it in accordance with the Employers’ Reimbursement Policy above. You acknowledge that OhMyJob.com and the candidate concerned or the Employer will not be responsible for these cancellations or refunds.

Donations

Some Candidates or Employers may pledge to donate a portion of the funds they receive from confirmed Period of employment made via the Site and Services to a particular cause or charity. We do not take any responsibility or liability for whether the Candidates or the Employers does in fact make the donation he or she pledged to make. In such cases, the Candidate or the Employer in question is responsible for his or her own compliance with all laws and regulations applicable to such pledges and/or fund-raising.

Taxes

As a candidate and as an employer, you understand and agree to be solely responsible for determining the applicable tax reporting obligations you and taxes to be included and the inclusion of taxes to be collected or obligations relating to taxes applicable in the periods of employment.

You are solely responsible for the payment to the competent authorities of all taxes or received by you. OhMyJob.com cannot offer and do not offer advice on taxes to Members.

If any, or on request of the Applicant or the Employers can provide audit OhMyJob.com Candidate or Employer invoice TPS/TVQ, or any other provincial or federal taxes, established in due form, in the amounts he received or data.

You understand and acknowledge that agencies, government departments and authorities concerned (hereinafter the “Tax Authorities”) upon which your institution may require employers to collect taxes from Jobseeker or Employer of the amount paid for the right to use and / or hold jobs, taxes, the amount must be paid back to the tax Authorities concerned. Laws vary by country, but these taxes may be levied and paid back in the form of a percentage of the wages fixed by the Employer, a fixed amount per day, or other variants, and are sometimes called “payroll taxes”, “charges employer”,”tax on value added”,”Taxes on sales and use”, or other.

Damage to establishments

As a candidate, you are required to return the property or your workstation, in the state that you found it on arrival. You acknowledge and agree to be, as a candidate, responsible for your own actions and omissions. If an employer would make a complaint and provide evidence of damage, including without limitation, photographs, you will agree to pay the replacement cost of damaged items with equivalent items.

After being informed of the complaint and received within forty-eight (48) hours to respond, OhMyJob.com reserves the right to inform other employers by making negative comments and annotations to your account and possibly delete your OhMyJob.com account if OhMyJob.com would have determined, in its sole discretion, that you have damaged a property or a workstation. You agree to reimburse the Employer concerned.

Candidates and Employers agree to cooperate with OhMyJob.com in good faith, to provide OhMyJob.com necessary information and to take reasonable measures requested by OhMyJob.com, regarding any complaint or claim submitted by Members concerning the establishment or extension work, personal or any other article located in the Establishment.

If you are a Candidate, at the reasonable request OhMyJob.com and since you are reasonably able to do so, you agree to participate with the Employer to mediation or a similar procedure free dispute resolution, led by OhMyJob.com or third chosen by the latter or his insurer in case of losses for which the Employer requires a payment to the Applicant.

If you are a candidate, you understand and agree that OhMyJob.com may make a claim under your liability insurance, or other concerning any loss or damage you may have caused or that you would be responsible in an institution, or personal or other property on this property. You agree to cooperate with and assist OhMyJob.com in good faith, and provide OhMyJob.com information as may be reasonably required by OhMyJob.com in order to make a claim under your insurance or other liability, including in particular, to sign documents and take such other action reasonably required by OhMyJob.com order to accomplish the above steps.

Extend the term of the contract without the prior consent of the Candidate

Employers agree that a Period of Employment confirmed only constitutes an assignment given by the Employer at candidate to work in the establishment published in the Announcement for the limited duration of the period of confirmed Employment and according to the agreement Candidate with the Employer. Candidates also agree to leave the property on, or before, the deadline for the Employment Period the Employer specifies in the Announcement or another earlier time mutually agreed between the Employer and the Applicant.

If the employer asks the candidate to stay beyond the time limit of the period of employment without notifying OhMyJob.com, the employer is not allowed to keep the candidate in the establishment longer published in Ad and candidate is entitled to take leave of the Employer.

However, if the candidates did not leave the property at the time agreed upon filing the announcement of Employment, candidates agree to prevent OhMyJob.com that can charge the employer for each hour during which the candidate remains beyond of the agreed period.

Employers agree that OhMyJob.com, as an intermediary, on the charge of the Employer credit card or other payment means available to it such Additional Amounts. Moreover, OhMyJob.com may recover all costs and expenses incurred by the collection of Additional Amounts by debiting the Employer ‘s credit card or other payment method present on the fil

User Conduct

You understand and agree that you are solely responsible for compliance with any and all laws, rules, regulations, and Tax obligations that may apply to your use of the Site, Services and Collective Content. In connection with your use of the Site, Services and Collective Content, you may not and you agree that you will not:

  • violate any local, state, provincial, national, or other law or regulation, or any order of a court, including, without limitation, zoning restrictions and Tax regulations;
  • use manual or automated software, devices, scripts, robots, backdoors or other means or processes to access, “scrape,” “crawl” or “spider” any web pages or other services contained in the Site, Services or Collective Content;
  • access or use our Site, Services or the OhMyJob.com API to use, expose, or allow to be used or exposed, any OhMyJob.com Content: that is not publicly displayed by OhMyJob.com in its search results pages or listing pages before a period of employment is confirmed; in any way that is inconsistent with the OhMyJob.com Privacy Policy or Terms of Service; or in any way that otherwise violates the privacy rights or any other rights of OhMyJob.com ‘s users or any other third party;
  • use the Site, Services or Collective Content for any commercial or other purposes that are not expressly permitted by these Terms;
  • copy, store or otherwise access or use any information contained on the Site, Services or Collective Content for purposes not expressly permitted by these Terms;
  • infringe the rights of any person or entity, including without limitation, their intellectual property, privacy, publicity or contractual rights;
  • interfere with or damage our Site or Services, including, without limitation, through the use of viruses, cancel bots, Trojan horses, harmful code, flood pings, denial-of-service attacks, backdoors, packet or IP spoofing, forged routing or electronic mail address information or similar methods or technology;
  • use our Site or Services to transmit, distribute, post or submit any information concerning any other person or entity, including without limitation, photographs of others without their permission, personal contact information or credit, debit, calling card or account numbers;
  • use our Site, Services or Collective Content in connection with the distribution of unsolicited commercial email (“spam”) or advertisements unrelated to Traditional Hotels, deluxe or outdoor, Motels, Spas, Restaurants, Food trucks, Bars, Night- Clubs, Cabarets, Catering, Leisure and Accommodation Centre, Holiday Clubs, or trade of mouth and leisure;
  • “stalk” or harass any other user of our Site, Services or Collective Content, or collect or store any personally identifiable information about any other user other than for purposes of transacting as an OhMyJob.com Candidate or Employer;
  • propose, as an employer, while employment in a property you do not own or that you are not authorized to Manage (without limiting the foregoing, you will not post Announcement for bids ‘ Jobs as an employer if you act as a personnel placement agent, or other type of agent for third);
  • provide, as an employer, any property that cannot be exploited or used in accordance with a contract with a third party, including without limitation, a lease of property, or a court sentence ;
  • register for more than one OhMyJob.com Account by establishment that you own or register for a OhMyJob.com Account on behalf of an individual other than yourself;
  • unless specifically authorized by OhMyJob.com, ask or hire a candidate in a property while you are not working or do not actually own it yourself in the said establishment;
  • contact a Candidate or Employer for any purpose other than to ask him a question on a job offer or the Establishments or ads from this Employer;
  • contact a Candidate or an Employer for any purpose other than asking a question related to a period of employment or such it’s use of the Site and Services;
  • invite any Candidate, Employer or another Member to use services or competitors of those third party websites from OhMyJob.com without the prior written permission OhMyJob.com;
  • impersonate any person or entity, or falsify or otherwise misrepresent yourself or your affiliation with any person or entity;
  • use automated scripts to collect information from or otherwise interact with the Site, Services or Collective Content;
  • use the Site, Services or Content to find the Collective Employer or a candidate and perform a subsequent period of employment irrespective of the Site, Application or Services so do not pay OhMyJob.com Commissions for the provision of services OhMyJob.com or for any other reasons;
  • as an Employer, submit any Listing with false or misleading price information, or submit any Listing with a salary that you do not intend to honor;
  • post, upload, publish, submit or transmit any Content that: infringes, misappropriates or violates a third party’s patent, copyright, trademark, trade secret, moral rights or other intellectual property rights, or rights of publicity or privacy; violates, or encourages any conduct that would violate, any applicable law or regulation or would give rise to civil liability; is fraudulent, false, misleading or deceptive; is defamatory, obscene, pornographic, vulgar or offensive; promotes discrimination, bigotry, racism, hatred, harassment or harm against any individual or group; is violent or threatening or promotes violence or actions that are threatening to any other person; or promotes illegal or harmful activities or substances;
  • systematically retrieve data or other content from our Site or Services to create or compile, directly or indirectly, in single or multiple downloads, a collection, compilation, database, directory or the like, whether by manual methods, through the use of bots, crawlers, or spiders, or otherwise;
  • use, display, mirror or frame the Site, Services or Collective Content, or any individual element within the Site, Services or Collective Content, OhMyJob.com‘s name, any OhMyJob.com trademark, logo or other proprietary information, or the layout and design of any page or form contained on a page in the Site or Services, without OhMyJob.com‘s express written consent;
  • access, tamper with, or use non-public areas of the Site or Services, OhMyJob.com‘s computer systems, or the technical delivery systems of OhMyJob.com‘s providers;
  • attempt to probe, scan, or test the vulnerability of any OhMyJob.com system or network or breach any security or authentication measures;
  • avoid, bypass, remove, deactivate, impair, descramble, or otherwise circumvent any technological measure implemented by OhMyJob.com or any of OhMyJob.com‘s providers or any other third party (including another user) to protect the Site, Services or Collective Content;
  • forge any TCP/IP packet header or any part of the header information in any email or newsgroup posting, or in any way use the Site, Services or Collective Content to send altered, deceptive or false source-identifying information;
  • attempt to decipher, decompile, disassemble or reverse engineer any of the software used to provide the Site, Services or Collective Content; or
  • advocate, encourage, or assist any third party in doing any of the foregoing.
  • accept or perform a Period of Employment outside OhMyJob.com if the information about the candidate were given by OhMyJob.com. If you do, you acknowledge and agree that you : be violating these Terms of Use ; accept all risks and responsibilities for the payment, and OhMyJob.com hold harmless against any liability of such payment.
  • OhMyJob.com has the right to investigate and prosecute violations of any of the above to the fullest extent of the law.
  • OhMyJob.com may access, preserve and disclose your information if it has a legal obligation to do so or if it believes in good faith that it is reasonably necessary to, respond to claims against OhMyJob.com or comply with any legal proceedings (e.g. citations to appear or warrants ), enforce or manage its contracts with users, such as these Terms and Conditions, for the purpose of fraud prevention, risk assessment, investigation, customer support, product development and error correction, or protect the rights, property or safety of OhMyJob.com, its users or members of the public
  • You acknowledge that OhMyJob.com has no obligation to monitor your access to or use of the Site, Services or Collective Content or to review or edit any Member Content, but has the right to do so for the purpose of operating and improving the Site and Services (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes), to ensure your compliance with these Terms, to comply with applicable law or the order or requirement of a court, administrative agency or other governmental body, to respond to content that it determines is otherwise objectionable or as set forth in these Terms. OhMyJob.com reserves the right, at any time and without prior notice, to remove or disable access to any Collective Content that OhMyJob.com, at its sole discretion, considers to be objectionable for any reason, in violation of these Terms or otherwise harmful to the Site, or Services.

Privacy

You agree that OhMyJob.com‘s User Privacy Policy (as may be updated from time to time) governs OhMyJob.com‘s collection and use of your personal information.

Ownership

The Site, Services, and Collective Content are protected by copyright, trademark, and other laws of Canada. You acknowledge and agree that the Site, Services and Collective Content, including all associated intellectual property rights, are the exclusive property of OhMyJob.com and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the Site, Services, or Collective Content.

Application License

Subject to your compliance with these Terms, OhMyJob.com grants you a limited, non-exclusive and non-transferable so you can download and install a copy of the website on each computer or mobile device that you own or control and run this copy of the website only for your personal use.

OhMyJob.com Content License to Member Content

Subject to your compliance with the terms and conditions of these Terms, OhMyJob.com grants you a limited, non-exclusive, non-transferable license, to access and view any OhMyJob.com Content solely for your personal and non-commercial purposes and access and view any Member Content to which you are permitted access, solely for your personal and non-commercial purposes. You have no right to sublicense the license rights granted in this section.

You will not use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sell, transfer, publicly display, publicly perform, transmit, broadcast or otherwise exploit the Site, Services, or Collective Content, except as expressly permitted in these Terms. No licenses or rights are granted to you by implication or otherwise under any intellectual property rights owned or controlled by OhMyJob.com or its licensors, except for the licenses and rights expressly granted in these Terms.

Member Content

We may, in our sole discretion, permit you to post, upload, publish, submit or transmit Member Content. By making available any Member Content on or through the Site and Services, you hereby grant to OhMyJob.com a worldwide, irrevocable, perpetual (or for the term of the protection), non-exclusive, transferable, royalty-free license, with the right to sublicense, to use, view, copy, adapt, modify, distribute, license, sell, transfer, publicly display, publicly perform, transmit, stream, broadcast, access, view, and otherwise exploit such Member Content on, through, by means of or to promote or market the Site and Services. OhMyJob.com does not claim any ownership rights in any such Member Content and nothing in these Terms will be deemed to restrict any rights that you may have to use and exploit any such Member Content.

You acknowledge and agree that you are solely responsible for all Member Content that you make available through the Site and Services. Accordingly, you represent and warrant that: you either are the sole and exclusive owner of all Member Content that you make available through the Site and Services or you have all rights, licenses, consents and releases that are necessary to grant to OhMyJob.com the rights in such Member Content, as contemplated under these Terms; and neither the Member Content nor your posting, uploading, publication, submission or transmittal of the Member Content or OhMyJob.com‘s use of the Member Content (or any portion thereof) on, through or by means of the Site and the Services will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights, or rights of publicity or privacy, or result in the violation of any applicable law or regulation.

Links

The Site and Services may contain links to third-party websites or resources. You acknowledge and agree that OhMyJob.com is not responsible or liable for: the availability or accuracy of such websites or resources; or the content, products, or services on or available from such websites or resources. Links to such websites or resources do not imply any endorsement by OhMyJob.com of such websites or resources or the content, products, or services available from such websites or resources. You acknowledge sole responsibility for and assume all risk arising from your use of any such websites or resources or the Content, products or services on or available from such websites or resources.

Some portions of the OhMyJob.com platform implement Google Maps/Earth mapping services, including Google Maps API(s). Your use of Google Maps/Earth is subject to Google’s terms of use.

Proprietary Rights Notices

All trademarks, service marks, logos, trade names and any other proprietary designations of OhMyJob.com used herein are trademarks or registered trademarks of OhMyJob.com. Any other trademarks, service marks, logos, trade names and any other proprietary designations are the trademarks or registered trademarks of their respective parties.

Feedback

We welcome and encourage you to provide feedback, comments and suggestions for improvements to the Site and Services (“Feedback”). You may submit Feedback by emailing us, through the “Contact” section of the Site or by other means of communication. You acknowledge and agree that all Feedback you give us will be the sole and exclusive property of OhMyJob.com and you hereby irrevocably assign to OhMyJob.com and agree to irrevocably assign to OhMyJob.com all of your right, title, and interest in and to all Feedback, including without limitation all worldwide patent, copyright, trade secret, moral and other proprietary or intellectual property rights therein, and waive any moral rights you may have in such Feedback. At OhMyJob.com‘s request and expense, you will execute documents and take such further acts as OhMyJob.com may reasonably request to assist OhMyJob.com to acquire, perfect, and maintain its intellectual property rights and other legal protections for the Feedback.

Suspension, Termination and OhMyJob.com Account Cancellation

We may, in our discretion and without liability to you, with or without cause, with or without prior notice and at any time, decide to limit, suspend, deactivate or cancel your OhMyJob.com Account. If we exercise our discretion under these Terms to do so, any or all of the following can occur with or without prior notice or explanation to you: your OhMyJob.com Account will be deactivated or suspended, your password will be disabled, and you will not be able to access the Site, Services, your OhMyJob.com Account, your Member Content, or receive assistance from OhMyJob.com Customer Service, any pending or accepted future period of employment as either Candidate or Employer will be immediately terminated, we may communicate to your Candidates or Employers that a potential or confirmed period of employment has been cancelled, we may contact your Candidates or Employers to inform them about potential alternate Accommodations with other Candidates or Employers that may be available on the Site and Services, and you will not be entitled to any compensation for the period of employment (even if confirmed) that were cancelled as a result of a suspension, deactivation or termination of your OhMyJob.com Account. You may close your OhMyJob.com Account at any time via the “Close Account” available in the Services or by sending us an email in the « Contact » tab. Please note that if your OhMyJob.com Account is cancelled, we do not have an obligation to delete or return to you any Content you have posted to the Site and Services, including, but not limited to, any reviews or Feedback.

Disclaimers

IF YOU CHOOSE TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, YOU DO SO AT YOUR SOLE RISK. YOU ACKNOWLEDGE AND AGREE THAT OhMyJob.com DOES NOT HAVE AN OBLIGATION TO CONDUCT BACKGROUND OR REGISTERED SEX OFFENDER CHECKS ON ANY MEMBER, INCLUDING, BUT NOT LIMITED TO, CANDIDATES AND EMPLOYERS, BUT MAY CONDUCT SUCH BACKGROUND OR REGISTERED SEX OFFENDER CHECKS IN ITS SOLE DISCRETION. THE SITE, SERVICES, COLLECTIVE CONTENT ARE PROVIDED “AS IS”, WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, OhMyJob.com EXPLICITLY DISCLAIMS ANY WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT OR NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE. OhMyJob.com MAKES NO WARRANTY THAT THE SITE, SERVICES, COLLECTIVE CONTENT, INCLUDING, BUT NOT LIMITED TO, THE LISTINGS OR ANY ACCOMMODATIONS, WILL MEET YOUR REQUIREMENTS OR BE AVAILABLE ON AN UNINTERRUPTED, SECURE, OR ERROR-FREE BASIS. OhMyJob.com MAKES NO WARRANTY REGARDING THE QUALITY OF ANY LISTINGS, ESTABLISHMENTS, EMPLOYERS, CANDIDATES, THE SERVICES OR COLLECTIVE CONTENT OR THE ACCURACY, TIMELINESS, TRUTHFULNESS, COMPLETENESS OR RELIABILITY OF ANY COLLECTIVE CONTENT OBTAINED THROUGH THE SITE, SERVICES.

NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED FROM OhMyJob.com OR THROUGH THE SITE, SERVICES OR COLLECTIVE CONTENT, WILL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.

YOU ARE SOLELY RESPONSIBLE FOR ALL OF YOUR COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, ANY EMPLOYERS OR CANDIDATES. YOU UNDERSTAND THAT OhMyJob.com DOES NOT MAKE ANY ATTEMPT TO VERIFY THE STATEMENTS OF USERS OF THE SITE OR SERVICES OR TO REVIEW OR VISIT ANY ACCOMMODATIONS. OhMyJob.com MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE CONDUCT OF USERS OF THE SITE OR SERVICES OR THEIR COMPATIBILITY WITH ANY CURRENT OR FUTURE USERS OF THE SITE OR SERVICES. YOU AGREE TO TAKE REASONABLE PRECAUTIONS IN ALL COMMUNICATIONS AND INTERACTIONS WITH OTHER USERS OF THE SITE OR SERVICES AND WITH OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE OR SERVICES, INCLUDING, BUT NOT LIMITED TO, CANDIDATES AND EMPLOYERS, PARTICULARLY IF YOU DECIDE TO MEET OFFLINE OR IN PERSON REGARDLESS OF WHETHER SUCH MEETINGS ARE ORGANIZED BY OhMyJob.com. NOTWITHSTANDING THE DESIGNATION IN OhMyJob.com INTERMEDIARY AS RECRUITMENT AS EMPLOYERS OhMyJob.com LIMITED EXPRESSLY DISCLAIMS ANY RESPONSIBILITY FOR ANY ACT OR OMISSION OF ALL CANDIDATES EMPLOYERS OR OTHER THIRD PARTY.

Limitation of Liability

YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SITE, SERVICES AND COLLECTIVE CONTENT, YOUR LISTING OR BOOKING OF ANY ACCOMMODATIONS VIA THE SITE AND SERVICES, AND ANY CONTACT YOU HAVE WITH OTHER USERS OF OhMyJob.com WHETHER IN PERSON OR ONLINE REMAINS WITH YOU. NEITHER OhMyJob.com NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING, OR DELIVERING THE SITE, SERVICES, COLLECTIVE CONTENT WILL BE LIABLE FOR ANY INCIDENTAL, SPECIAL, EXEMPLARY OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS, LOSS OF DATA OR LOSS OF GOODWILL, SERVICE INTERRUPTION, COMPUTER DAMAGE OR SYSTEM FAILURE OR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, OR FOR ANY DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, FROM THE USE OF OR INABILITY TO USE THE SITE, SERVICES OR COLLECTIVE CONTENT, FROM ANY COMMUNICATIONS, INTERACTIONS OR MEETINGS WITH OTHER USERS OF THE SITE, OR SERVICES OR OTHER PERSONS WITH WHOM YOU COMMUNICATE OR INTERACT AS A RESULT OF YOUR USE OF THE SITE, SERVICES, OR FROM YOUR LISTING OR PERIOD OF EMPLOYMENT VIA THE SITE AND SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT OhMyJob.com HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, EVEN IF A LIMITED REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.

Indemnification

You agree to release, defend, indemnify, and hold OhMyJob.com and its affiliates and subsidiaries, and their officers, directors, employees and agents, harmless from and against any claims, liabilities, damages, losses, and expenses, including, without limitation, reasonable legal and accounting fees, arising out of or in any way connected with, your access to or use of the Site, Services, or Collective Content or your violation of these Terms; your Member Content; your interaction with any Member, booking a job period, or creation of a Listing; the use, condition or rental of an Accommodation by you, including but not limited to any injuries, losses, or damages (compensatory, direct, incidental, consequential or otherwise) of any kind arising in connection with or as a result of a period of employment.

Reporting Misconduct

If you Work with a Candidate or an Employer or anyone who you feel is acting or has acted inappropriately, including but not limited to anyone who engages in offensive, violent or sexually inappropriate behavior, you suspect of stealing from you, or engages in any other disturbing conduct, you should immediately report such person to the appropriate authorities and then to OhMyJob.com by contacting us with your police station and report number; provided that your report will not obligate us to take any action beyond that required by law (if any) or cause us to incur any liability to you. Please send this information via the Contact tab.

Entire Agreement

These Terms constitute the entire agreement and understanding between you and OhMyJob.com, regarding the Site, the Services, the Collective Content, and any period of employment or job announcement made ​​through the Site and services.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without OhMyJob.com‘s prior written consent. Any attempt by you to assign or transfer these Terms, without such consent, will be null and of no effect. OhMyJob.com may assign or transfer these Terms, at its sole discretion, without restriction. Subject to the foregoing, these Terms will bind and inure to the benefit of the parties, their successors and permitted assigns.

Notices

Any notices or other communications permitted or required hereunder, including those regarding modifications to these Terms, will be in writing and given by OhMyJob.com, via email (in each case to the address that you provide) or by posting to the Site. For notices made by e-mail, the date of receipt will be deemed the date on which such notice is transmitted.

Controlling Law and Jurisdiction

These Terms and your use of the Services will be interpreted in accordance with the laws of the Quebec and the Canada, without regard to its conflict-of-law provisions. You and we agree to submit to the personal jurisdiction of a state court located in Montréal, Quebec for any actions for which the parties retain the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights, as set forth in the Dispute Resolution provision below.

Dispute Resolution

You and OhMyJob.com agree that any dispute, claim or controversy arising out of or relating to these Terms or the breach, termination, enforcement, interpretation or validity thereof, or to the use of the Services or use of the Site (collectively, “Disputes”) will be settled by binding arbitration, except that each party retains the right to seek injunctive or other equitable relief in a court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation or violation of a party’s copyrights, trademarks, trade secrets, patents, or other intellectual property rights. You acknowledge and agree that you and OhMyJob.com are each waiving the right to a trial by jury or to participate as a plaintiff or class member in any purported class action or representative proceeding. Further, unless both you and OhMyJob.com otherwise agree in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of any class or representative proceeding. If this specific paragraph is held unenforceable, then the entirety of this “Dispute Resolution” section will be deemed void. Except as provided in the preceding sentence, this “Dispute Resolution” section will survive any termination of these Terms.

Third party beneficiary

These Terms do not and are not intended to confer any rights or remedies upon any person other than the parties. Notwithstanding the foregoing, the parties agree that the payment card networks are third party beneficiaries of these Terms for purposes of enforcing provisions related to payments, but that their consent or agreement is not necessary for any changes or modifications to these Terms.

USER PRIVACY STATEMENT

Effective Date: May 24, 2018

OhMyJob.com collects information about you when you use our website, and other online products and services (collectively, the “Services”) and through other interactions and communications you have with us. If you reside in Canada, the Services are provided by OhMyJob.com

SCOPE AND APPLICATION

This Privacy Statement (the “Statement”) applies to people who use our web site or services to solicit our services through specialized personnel placement, on request (“Users”). This Statement does not apply to information we collect from or about Candidates, or any other persons who use the OhMyJob.com platform under license (collectively “Candidates”). If you interact with the Services as both a Candidate and a Employer, the respective privacy statements apply to your different interactions.

COLLECTION OF INFORMATION

YOU PROVIDE TO US

We collect information you provide directly to us, such as when you create or modify your account, request on-demand services, contact customer support, or otherwise communicate with us.This information may include: other optional information that does not expressly identify you, last name, first name, such as gender, date of birth, spoken languages, preferred jobs and activities, your personal introduction, jobs you have created, jobs you have done; This information is provided on a voluntary basis and its only purpose is to make your experience on OhMyJob.com more relevant and precise; Birth date is mandatory so that our strict children protection policy can be enforced; it is the user’s sole responsibility to provide its correct birth date;

INFORMATION WE COLLECT THROUGH YOUR USE OF OUR SERVICES

When you use our Services, we collect information about you in the following general categories:

  • Location Information: When you use the Services for Employment Period or for a search of employees or employers, we collect precise location data from the OhMyJob.com web site used by the Candidate or the Employer. If you permit the OhMyJob.com website to access location services through the permission system used by your mobile operating system (“platform”), we may also collect the precise location of your device when the app is running in the foreground or background. We may also derive your approximate location from your IP address.
  • Your e-mail address and an encrypted password for your OhMyJob.com account;OhMyJob.com does not store neither have access to your account password;
  • A record of the jobs you have created and jobs you have decided to do, including all associated information to these jobs such as location of the jobs and job details provided during the creation process;
  • Reviews you have received from other users and your own reviews of other users; Such information may be published on your public profile on our Platform
  • Details of your initial sign-up date and visits to the platform and the resources that you access;
  • Information we may require from you when you report a problem with the OhMyJob.com Platform;
  • Contacts Information: If you permit the OhMyJob.com web site to access the address book on your device through the permission system used by your mobile platform, we may access and store names and contact information from your address book to facilitate social interactions through our Services and for other purposes described in this Statement or at the time of consent or collection.
  • Transaction Information: We collect transaction details related to your use of our Services, including the type of service requested, date and time the service was provided, amount charged, distance traveled by the candidate to go to his workplace, and other related transaction details.
  • Usage and Preference Information: We collect information about how you and site visitors interact with our Services, preferences expressed, and settings chosen. In some cases we do this through the use of cookies, pixel tags, and similar technologies that create and maintain unique identifiers. To learn more about these technologies, please see our Cookie Statement.
  • Device Information: We may collect information about your mobile device, including, for example, the hardware model, operating system and version, software and file names and verions, preferred language, unique device identifier, advertising identifiers, serial number, device motion information, and mobile network information.
  • Call and SMS Data : Our Services facilitate communications between Candidates and Employers. In connection with facilitating this service, we receive call data, including the date and time of the call or SMS message, the parties phone numbers, and the content of the SMS message. A record of your correspondences between you and other users on OhMyJob.com via the Direct Messages function;
  • Log Information: When you interact with the Services, we collect server logs, which may include information like device IP address, access dates and times, app features or pages viewed, app crashes and other system activity, type of browser, and the third-party site or service you were using before interacting with our Services.
  • In the event that your account is suspended or blocked, we will keep your data for a period of between 2 and 10 years in order to prevent you from circumventing the rules applying to our Platform
  • We only collect such information when you choose to supply it to us. You do not have to supply any personal information to us but you may not be able to take advantage of all the services we offer without doing so.
  • We provide areas on our Platform where you can post information about yourself and others and communicate with others. Such postings are governed by our Terms and Conditions of Use.

INFORMATION WE COLLECT FROM OTHER SOURCES

We may also receive information from other sources and combine that with information we collect through our Services. For example:

  • If you choose to link, create, or log in to your OhMyJob.com account with a payment provider (e.g., Google Wallet) or social media service (e.g., Facebook), or if you engage with a separate website that uses our API (or whose API we use), we may receive information about you or your connections from that site or app. If you sign up via social media authentication methods, the platform will access certain Personal Data (e.g. first name, surname, picture, email, number of Facebook friends, etc.) in your social media account pursuant to the applicable terms and conditions of these social media platforms (consistent with your privacy settings in Facebook or Google). We may also collect some of your Personal Data when you interact with third party social media features, such as “Like” functions.
  • The country Apple App Store or Google Play store (if applicable) you have downloaded the “ OhMyJob Mobile Application” from;
  • When you request on demand services, Your Employer may provide us with a User rating after providing services to you.

USE OF INFORMATION

By using the OhMyJob.com platform, and only after you have ticked the appropriate box upon signing-up, you expressly authorize and consent to us gathering, reviewing, retaining and where reasonably required, to transmit the data to our intermediary companies and entities for the proper and reasonable purpose of them storing and using the data responsibly and in accordance with the Act. When you provide personal information through our Platform, the information may be sent to servers located outside of Canada and outside of the European Union. We may use this information to:

  • Provide, maintain, and improve our Services, including, for example, to facilitate payments, send receipts, provide products and services you request (and send related information), develop new features, provide customer support to Candidates and Employers, develop safety features, authenticate users, and send product updates and administrative messages;
  • Perform internal operations, including, for example, to prevent fraud and abuse of our Services; to troubleshoot software bugs and operational problems; to conduct data analysis, testing, and research; and to monitor and analyze usage and activity trends;
  • Send or facilitate communications (i) between a Candidate and an Employer, such as estimated times of arrival (ETAs), or (ii) between you and a contact of yours at your direction in connection with your use of certain features, such as referrals, invites;
  • Send you communications we think will be of interest to you (except where you have asked us not to do this), including information about products, services, promotions, news, and events of OhMyJob.com and other companies, where permissible and according to local applicable laws; and to process contest, sweepstake, or other promotion entries and fulfill any related awards;
  • Customize and improve the Services, including proposing or recommending functionality, content, social networks, and any Jobseeker or Employer advertisements.
  • Send you important notifications that you will require to use the Platform (eg: Forgot your password)
  • We can transfer the information described in this Declaration, process them and store them in Canada, in the European community or anywhere else.

SHARING OF INFORMATION

We may share the information we collect about you as described in this Statement or as described at the time of collection or sharing, including as follows:

THROUGH OUR SERVICES

We may share your information:

  • When you register as a user of OhMyJob.com, your employer OhMyJob.com profile will be viewable by all Candidates, and / or visitors, present or not on the platform. to enable them to provide the Services you request. For example, we share The name of your institution, the address, the professional category in which you operate, your first name or your nickname, your photos (if you provide them), the average rating and comments given by other candidates already passed at your Business;
  • Your Candidate profile will only be viewable by the Employers on the Platform and only for whom you have applied to a job offer, to enable them to ensure that you are perfectly qualified for the mission.Other Applicants will not be able to view your profile. Employers will be able to see the limited information you have decided to provide us directly (or via Facebook or Google), such as first first name, last name, your photo (if you provide us with one), your CV, the reviews you received, your personal score on OhMyJob.com, the periods of employment you have done. For the avoidance of doubt, you will be able to change your personal information listed on the Platform at any time;
  • Information such as residential address, birthdate, gender, email address will always remain private and not visible by other OhMyJob.com users;
  • Information you will not be able to amend include your score accumulated over time and your reviews received from other users;
  • If the User has signed-up using Facebook, other users will not be able to access other Facebook pictures other than the initial Facebook profile picture after sign-up;
  • With third parties to provide you a service you requested through a partnership or promotional offering made by a third party or us;
  • With the general public if you submit content in a public forum, such as blog comments, social media posts, or other features of our Services that are viewable by the general public;
  • With third parties with whom you choose to let us share information, for example other apps or websites that integrate with our API or Services, or those with an API or Service with which we integrate.

OTHER IMPORTANT SHARING

We do not share your personal information with others except as indicated in this Privacy Policy or when we inform you and give you an opportunity to opt out of having your personal information shared. But, we may share personal information with: :

  • With OhMyJob.com subsidiaries and affiliated entities that provide services or conduct data processing on our behalf, or for data centralization and / or logistics purposes;
  • With vendors, consultants, marketing partners, and other service providers who need access to such information to carry out work on our behalf;
  • In response to a request for information by a competent authority if we believe disclosure is in accordance with, or is otherwise required by, any applicable law, regulation, or legal process;
  • With law enforcement officials, government authorities, or other third parties if we believe your actions are inconsistent with our User agreements, Terms of Service, or policies, or to protect the rights, property, or safety of OhMyJob.com or others;
  • In connection with, or during negotiations of, any merger, sale of company assets, consolidation or restructuring, financing, or acquisition of all or a portion of our business by or into another company;
  • If we otherwise notify you and you consent to the sharing;
  • In an aggregated and/or anonymized form which cannot reasonably be used to identify you.

THIRD PARTY SITES

There are a number of places on our platform where you may click on a link to access other websites that do not operate under this Privacy Policy. For example, if you click on an advertisement (News and Promotions), or on an article on the blog of our platform, you may be taken to a website that we do not control. These third- party websites may independently solicit and collect information, including personal information, from you and, in some instances, provide us with information about your activities on those websites. We recommend that you consult the privacy statements of all third-party websites you visit

HOW WE PROTECT YOUR PERSONNAL INFORMATION

We take security measures to help safeguard your personal information from unauthorised access and disclosure. However, no system can be completely secure. Therefore, although we take steps to secure your information, we cannot guarrantee that your personal information, chats, or other communications will always remain secure. If you wish to deactivate your account and delete all datas related to your account, please email us at  info@ohmyjob.com Your account and all related datas will be deleted within 24 hours.

CHILDREN’S PRIVACY

Although our Platform is for a general audience, we restrict the use of our Platform to individuals age 16 and above. We do not knowingly collect, maintain, or use personal information from children under the age of 16. As indicated in « admissibility », it is the user’s sole responsibility to provide its correct birth date;

SOCIAL SHARING FEATURES

The Services may integrate with social sharing features and other related tools which let you share actions you take on our Services with other apps, sites, or media, and vice versa. Your use of such features enables the sharing of information with your friends or the public, depending on the settings you establish with the social sharing service. Please refer to the privacy policies of those social sharing services for more information about how they handle the data you provide to or share through them.

ANALYTICS AND ADVERTISING SERVICES PROVIDED BY OTHERS

We may allow others to provide audience measurement and analytics services for us, to serve advertisements on our behalf across the Internet, and to track and report on the performance of those advertisements. These entities may use cookies, web beacons, SDKs, and other technologies to identify your device when you visit our site and use our Services, as well as when you visit other online sites and services. For more information about these technologies and service providers, please refer to our Cookie Statement.

YOUR CHOICES

ACCOUNT INFORMATION

You may correct your account information at any time by logging into your online account. If you wish to cancel your account, please email us at info@ohmyjob.com. Please note that in some cases we may retain certain information about you as required by law, or for legitimate business purposes to the extent permitted by law. For instance, if you have a standing credit or debt on your account, or if we believe you have committed fraud or violated our Terms, we may seek to resolve the issue before deleting your information.

ACCESS RIGHTS

OhMyJob.com will comply with individual’s requests regarding access, correction, and/or deletion of the personal data it stores in accordance with applicable law.

LOCATION INFORMATION

We request permission for our web site collection of precise location from your device per the permission system used by your computer, touch pad or mobile operating system. If you initially permit the collection of this information, you can later disable it by changing the location settings on your computer, touch pad or mobile device. However, this will limit your ability to use certain features of our Services. Also, turning off your computer, your touch pad or your mobile site or application to collect us your precise location data will not limit our ability to collect your offer location data from the computer, touch pad or a mobile Employer nor our ability to get your approximate location based on your IP address.

CONTACT INFORMATION

We may also request authorization to collect on our site your computer’s contact information, your tablet or your mobile via the authorization system as the operating system of your computer, your touch pad or mobile uses.

PROMOTIONAL COMMUNICATIONS

You may opt out of receiving promotional messages from us by following the instructions in those messages. If you opt out, we may still send you non-promotional communications, such as those about your account, about Services you have requested, or our ongoing business relations.

COOKIES AND ADVERTISING

Please refer to our Cookie Statement for more information about your choices around cookies and related technologies.

CHANGES TO THE STATEMENT

We may change this Statement from time to time. If we make significant changes in the way we treat your personal information, or to the Statement, we will provide you notice through the Services or by some other means, such as email. Your continued use of the Services after such notice constitutes your consent to the changes. We encourage you to periodically review the Statement for the latest information on our privacy practices.

CONTACT US

If you have any questions about this Privacy Statement, please contact us at info@ohmyjob.com, or write us at OhMyJob.com, Gresam Global, Inc., Attn: Legal, 3706 rue Saint André, H2L 3V7, Montréal, Qc, Canada.

COOKIE STATEMENT (GLOBAL)

Effective Date: June 01, 2018

We and our affiliates, third parties, and other partners use cookies and other identification technologies on our websites, electronic communications, advertisements, and other online services (collectively, the “Services”) for a number of purposes, including: authenticating users, remembering user preferences and settings, determining the popularity of content, delivering and measuring the effectiveness of advertising campaigns, analyzing site traffic and trends, and generally understanding the online behaviors and interests of people who interact with our Services. You can read more here about the types of cookies we use, why we use them, and how you can exercise your choices.

COOKIES OVERVIEW

Cookies are small text files that are stored on your browser or device by websites, apps, online media, and advertisements. There are different types of cookies. Cookies served by the entity that operates the domain you are visiting are called “first party cookies.” So cookies served by OhMyJob.com while you are on www.OhMyJob.com are first party cookies. Cookies served by companies that are not operating the domain you’re visiting are called “third party cookies.” So, we may allow Google to set a cookie on your browser while you visit www.OhMyJob.com, and that would be a third party cookie. Cookies may also endure for different periods of time. “Session Cookies” only last only as long as your browser is open. These are deleted automatically once you close your browser. Other cookies are “persistent cookies” meaning that they survive after your browser is closed. For example, they may recognize your device when you re-open your browser and browse the internet again.

OTHER IDENTIFICATION TECHNOLOGIES

We call this a Cookie Statement, but the statement addresses cookies and other identification technologies we may use or permit on our Services. “Pixel tags” (also called beacons or pixels) are small blocks of code installed on (or called by) a webpage, app, or advertisement which can retrieve certain information about your device and browser, including for example: device type, operating system, browser type and version, website visited, time of visit, referring website, IP address, and other similar information, including the small text file (the cookie) that uniquely identifies the device. Pixels provide the means by which third parties can set and read browser cookies from a domain that they do not themselves operate and collect information about visitors to that domain, typically with the permission of the domain owner. “Local storage” refers generally to other places on a browser or device where information can be stored by websites, ads, or third parties (such as HTML5 local storage and browser cache). “Software Development Kits” (also called SDKs) function like pixels and cookies, but operate in the mobile app context where pixels and cookies cannot always function. The primary app developer can install pieces of code (the SDK) from partners in the app, and thereby allow the partner to collect certain information about user interaction with the app and information about the user device and network information.

YOUR CHOICES

You have the right to choose whether or not to accept cookies. However, they are an important part of how our Services work, so you should be aware that if you choose to refuse or remove cookies, this could affect the availability and functionality of the Services.

Most web browsers are set to accept cookies by default. If you prefer, you can usually choose to set your browser to remove or reject browser cookies. To do so, please follow the instructions provided by your browser which are usually located within the “Help” or “Preferences” menu. Some third parties also provide the ability to refuse their cookies directly by clicking on an opt-out link, and we have indicated where this is possible in the table above.

Removing or rejecting browser cookies does not necessarily affect third-party flash cookies which may be used by us or our partners in connection with our Services. To delete or disable flash cookies please visit this site for more information. For further information about cookies, including how to see what cookies have been set on your device and how to manage and delete them, you can visit www.allaboutcookies.org and www.youronlinechoices.eu.

TYPES AND PURPOSES OF COOKIES

The following table sets out the different categories of cookies that our Services use and why we use them. The lists of third party cookie providers are intended merely as illustrative not comprehensive.

Type of Cookie Purpose Who Serves (for example)
Authentification Cookies These cookies (including local storage and similar technologies) tell us when you’re logged in, so we can show you the appropriate experience and features such as your account information, trip history, and to edit your account settings.
  • OhMyJob.com
Security and site integrity cookies We use these cookies to support or enable security features to help keep OhMyJob.com safe and secure. For example, they enable us to remember when you are logged into a secure area of the Services and help protect your account from being accessed by anyone other than you.
  • OhMyJob.com
Localization These help OhMyJob.com provide a localized experience. For example, we may store information in a cookie that is placed on your browser or device so you will see the site in your preferred language.
  • OhMyJob.com
Site features and Services These provide functionality that help us deliver products and Services. For example, cookies help you log in by pre-filling fields. We may also use cookies and similar technologies to help us provide you and others with social plugins and other customized content and experiences, such as making suggestions to you and others.
  • OhMyJob.com
  • Facebook
  • Twitter
  • Google
Analytics and research These are used to understand, improve, and research products and Services, including when you access the OhMyJob.com website and related websites and apps from a computer, a touch pad or mobile device.

For example, we may use cookies to understand how you are using site features, and segmenting audiences for feature testing. We and our partners may use these technologies and the information we receive to improve and understand how you use websites, products, services and ads.

  • Google
  • MixPanel
  • Optimizely

CONTACT US

If you have any questions about our use of cookies, please contact us at: info@ohmyjob.com

NOTIFICATION OF COPYRIGHT INFRINGEMENT:

OhMyJob.com and Gresam Global, Inc. (“OhMyJob.com”) respects the intellectual property rights of others and expects its users to do the same.

It is OhMyJob.com’s policy, in appropriate circumstances and at its discretion, to disable and/or terminate the accounts of users who repeatedly infringe or are repeatedly charged with infringing the copyrights or other intellectual property rights of others.

In accordance with the Copyright Act R.C.S 1985, CH-C42 last amended on June 23, 2015, OhMyJob.com will respond expeditiously to claims of copyright infringement committed using the OhMyJob.com website or other online network accessible through a mobile device or other type of device (the “Sites”) that are reported to OhMyJob.com’s Designated Copyright Agent, identified in the sample notice below.

If you are a copyright owner, or are authorized to act on behalf of one, or authorized to act under any exclusive right under copyright, please report alleged copyright infringements taking place on or through the Sites by completing the following DMCA Notice of Alleged Infringement and delivering it to OhMyJob.com’s Designated Copyright Agent. Upon receipt of the Notice as described below, OhMyJob.com will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged material from the Sites.

DMCA NOTICE OF ALLEGED INFRINGEMENT (“NOTICE”)

  1. Identify the copyrighted work that you claim has been infringed, or – if multiple copyrighted works are covered by this Notice – you may provide a representative list of the copyrighted works that you claim have been infringed.
  2. Identify the material that you claim is infringing (or to be the subject of infringing activity) and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material, including at a minimum, if applicable, the URL of the link shown on the Site(s) where such material may be found.
  3. Provide your mailing address, telephone number, and, if available, email address.
  4. Include both of the following statements in the body of the Notice: “I hereby state that I have a good faith belief that the disputed use of the copyrighted material is not authorized by the copyright owner, its agent, or the law (e.g., as a fair use).” 
“I hereby state that the information in this Notice is accurate and, under penalty of perjury, that I am the owner, or authorized to act on behalf of the owner, of the copyright or of an exclusive right under the copyright that is allegedly infringed.”
  5. Provide your full legal name and your electronic or physical signature.
  6. Deliver this Notice, with all items completed, to OhMyJob.com’s Designated Copyright Agent:

Copyright Agent
c/o OhMyJob.com, Gresam Global, Inc.
3706 rue Saint André
H2L 3V7 Montréal
Qc, Canada
Email: info@ohmyjob.com

IMPORTANT: Emails unrelated to copyright use or infringement will automatically be deleted.

DISCLOSURE POLICY MANAGER

OhMyJob.com attaches great importance to the security and confidentiality of the data you provide us. If you are a security researcher (or a careful user) and you have discovered a security hole in one of our products, please contact security@OhMyJob.com. Alerts sent to this address is a priority for us. We also study quickly as possible.

For other questions, please send us an Email at info@ohmyjob.com.

OhMyJob.com is committed to quickly check and correct the flaws reported in accordance with the publication policy, without taking any legal or administrative action against persons reporting them. However, OhMyJob.com reserves the right to pursue all of its legal rights if the policy is violated.

Insert the following when sending safety-related information :

  • Your email address
    Your full name
    Summary problem (eg on Page Foo XSS, CSRF on Page Bar, SQLi in App Baz )
    Steps to reproduce the problem

OTHER POLICIES

ZERO TOLERANCE

OhMyJob.com accepts in any way that candidates who use its site is using drugs or alcohol before and during the Period of Employment confirmed by Employer.

If you think the candidate you have chosen and confirmed for the period of employment is under the influence of drugs or alcohol, you are entitled to dismiss him on the spot without any financial consideration.

After the incident happened, do not hesitate to contact us and let us know what you think via the website or the application or OhMyJob.com responding to the email containing your electronic invoice.

You can also send us an email at info@ohmyjob.com

POLICY AGAINST DISCRIMINATION

OhMyJob.com seeks to ensure that safe, reliable, and high-quality period of employement options are available to everyone. OhMyJob.com and its affiliates therefore prohibit discrimination against Candidats based on race, religion, national origin, disability, sexual orientation, sex, marital status, gender identity, age or any other characteristic protected under applicable federal or state law. Such discrimination includes, but is not limited to, refusing to provide or accept services based on any of these characteristics. Any Employer found to have violated this prohibition will lose access to the OhMyJob.com platform.

FIREARMS PROHIBITION POLICY

We seek to ensure that everyone using the OhMyJob.com digital platform—Candidats and Employers—feels safe and comfortable using the service. During a Périod of employement arranged through the OhMyJob.com platform, OhMyJob.com and its affiliates therefore prohibit possessing firearms of any kind. Any Candidats or Employers found to have violated this prohibition may lose access to the OhMyJob.com platform.