Terms and Conditions
Last updated April 12, 2012
The FreshGigs.ca service (ìServiceî) includes the web site at www.FreshGigs.ca (ìSiteî), and was created to help employers attract and hire qualified marketing, communications and creative professionals in Canada.
FreshGigs.ca may be referred to as "FreshGigs.ca", ìthe siteî, "we" or "our" in this Agreement. By you using this site you are agreeing to comply to the terms explained in these documents.
We may change or update these terms at our discretion and you agree to review them from time to time and to accept any modified terms.
To sign up to be able to apply for jobs you must be at least 18 years of age. Your registration signifies your confirmation and acceptance of this agreement. You are required to use your real first and last name or the name that you use on a day-to-day basis for business. Impersonating any person or company other than yourself is prohibited as is providing false information of any kind. Any member profiles that do not conform to these rules may be terminated.
Your registration of membership must be for your use only and you may not allow others access to your account in any form or manner.
FreshGigs.ca reviews every application and at our own discretion may or may not approve an application. Applications are approved based on the quality of information provided by the job seeker.
To have your application approved you must provide proof of your experience in a marketing, communications or creative role either by showing a LinkedIn profile, website, blog or resume. Failure to include complete information on the signup page means we won't review and approve that application.
If you supply any false or inaccurate information or if it is reasonable to believe that such information is false or inaccurate, FreshGigs.ca may suspend, terminate, or refuse any and all use of the Site to you ñ including current and future.
Job seekers must reside in Canada or have a valid work permit to join FreshGigs.ca and apply for jobs posted on the site.
For Employers: By posting your job on FreshGigs.ca you understand that we are not responsible and may not be held liable for any result your posting may have on you or your business. FreshGigs.ca aims to help you find qualified professionals, however, we make no guarantee on the quality or result of communications and work they may engage in with you. Information that you include in your job posting, including your company name, logo, job title and other information may be used in the communications materials of FreshGigs.ca. This may include displaying your company's logo on our site as an employer that has posted a job on FreshGigs.ca. By posting your job on FreshGigs.ca you are agreeing to this and show that you understand these terms.
For Professionals: By joining FreshGigs.ca you understand that FreshGigs.ca can not guarantee, nor will be held liable to any degree and for any reason, for the failure to receive a response or land a job that you have applied for. FreshGigs.ca's goal is to give you as many opportunities as possible to find quality work. However, we do not control how your application is received, viewed or construed by the company (recipient).
You understand that all information, data, text, links, articles, photographs, graphics, messages, or other materials posted by you on the Site or otherwise submitted to FreshGigs.ca, whether publicly posted or privately transmitted, are the sole responsibility of you or other users posting or transmitting such User Content. You are completely responsible for all user content that you post or upload to the site. You are obligated to ensure that all content posted is your original and is not in violation of any copyright, intellectual property, trademark. This is your responsibility, not FreshGigs.caís. Any member content that is judged to be an infringement may be removed and that memberís account may be terminated.
We have no obligation to maintain or store your content. FreshGigs.ca may, at any time in its sole discretion, delete, modify or prevent from displaying to any other users, any User Content, for any reason, including the service cancellation, violation of the Service Agreement, violation of the Code of Conduct. Once deleted, any content you have stored on the service cannot be retrieved.
User Content License
Any content that you place on the site means you allow FreshGigs.ca, its affiliates and partners, a continuous, world- wide, non-exclusive and royalty-free, (sub-)licensable license as follows: to use and reproduce in any form and manner in whole or part, for all current and future media and to do so in any manner (and on the sites of our affiliates, partners and others with whom FreshGigs.ca has business dealings with) and the promotion and distribution of the Site. You also agree that any information you send as feedback or through other content or communication on the site maybe be used by FreshGigs.ca for any purpose. Possible uses of the above include, but are not limited to, featuring member consultants and their work, for testimonials and other FreshGigs.ca promotions.
FreshGigs.ca may limit the frequency you may access the site if it appears disproportionate or robotic. This is done in order to prevent spam, ensure our members are real people and not robots, and to maintain the stability of the site.
You are allowed to cancel your account and service at anytime. Likewise we may cancel, suspend, or block your access to the Service at any time and do so right away if any violation is found. Once your account has been removed, access to your account and any data within it will not be possible.
FreshGigs.ca owns all rights and intellectual property for this site. This includes all copyrighted material, trademarks, trade secrets, and other proprietary information. You may not copy, sell or license any section of this service or use any of its source code in any manner. The code that makes FreshGigs.ca, its visual look, name, naming used and content is all copyrighted and can not be used by any member or external party for any reason.
As a member you agree that FreshGigs.ca and its management, affiliates, agents, officers, any subsidiaries, or partners and employees, will not be held responsible for any loss, liability, claim or demand, including reasonable attorneys' fees, made by any third party or member due to (a) User Content submitted, posted, transmitted, or made accessible through the FreshGigs.ca site, (b) your usage of the FreshGigs.ca site, (c) any affiliation to the service you may have (d) your breach of the Terms of Service or Code of Conduct, or (e) your infringement of any rights of another including copyright, intellectual property or any other such breach.
We are constantly working to improve the FreshGigs.ca site and service. As a result we provide the service ìas-isî including any faults ñ though we work as quickly as possible to resolve and improve on any issues. As legitimate by law, we renounce any inferred warranties. We do not warrant that the service or the content will be accurate, virus- or error-free, or uninterrupted ñ though, again we do our best to limit and remove any such issues as our goal is to provide you with a safe and enjoyable experience.
FreshGigs.ca's total liability to you for any and all claims related to the Service or its content is limited to the amount of your service fee for one month. FreshGigs.ca will not be held liable nor can be held responsible for any lost profits or damages as a result of your access, use or lack of ability to access or use the service and content of the site ñ for any reason whether technological, the blocking or cancellation of your service, unpaid fees, breach of warranty, beach of code of conduct, or any other legal theory.
Without limiting the former, you specifically recognize that FreshGigs.ca is not liable for the defamatory, breaching, fraudulent, or illegal conduct of other users or third parties and that the risk of injury from the foregoing rests entirely with you.
You agree that any notices we send you may be in electronic format and you agree to this. This Service Agreement constitutes the complete agreement and supersedes all prior agreements between you and FreshGigs.ca. This Service Agreement is governed by the laws of the Province of British Columbia, Canada, without regard to its conflict of laws provisions. All disputes related to or arising from this Agreement will be subject to the exclusive jurisdiction and venue of the province and courts located in Vancouver, British Columbia; to which jurisdiction and venue you and FreshGigs.ca each irrevocably consent. You may not assign or transfer rights under this Service Agreement, or delegate any duties. FreshGigs.ca retains the right to assign its rights under this Service Agreement and to delegate its duties in connection with a merger, reorganization, or sale of any and all of its assets.
Any notice from you to FreshGigs.ca must be addressed to info (at) FreshGigs.ca.com. We may provide information to you at the your registered email address or on the FreshGigs.ca website or another website selected in advance for this purpose.