Last Updated: September 5, 2021
Acceptance of the Service Terms of Service.
These Terms of Service (the “Terms”) are a binding legal agreement between you and Jobify Inc. (“Jobify”, “we”, “us”, “our”). The Terms govern your access to and use of our website at downloadjobify.com, our mobile applications and other services offered by us (collectively the “Service”).
By using the Service or by clicking to accept the Terms, you accept and agree to be bound and comply with these Terms and our Privacy Policy. If you do not agree to these Terms or the Privacy Policy, you must cease using this Service immediately.
We reserve the right in our sole discretion to revise and update these Terms from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Service. You agree to periodically review these Terms in order to be aware of any such modifications and your continued use shall be your acceptance of these modifications.
Our Service
The Service enables you to easily search for jobs with third-party employers (“Employers”). When applying for a job, you are applying directly with the Employer. We are not responsible for job postings, have no involvement with the hiring process and are not a party to any contract between you and an Employer. As a result, we are not responsible for any issues that you may have with an Employer.
Your Account
Certain features of the Service require that you create an account. To create an account, you must be at least 13 years old. Any username and password chosen by you must be treated as confidential, and you agree not to disclose it to any other person. You are responsible for any password misuse or unauthorized access of your account.
We reserve the right at any time and from time to time, to disable or terminate your account or any username or password, in our sole discretion, including for any violation of any provision of these Terms.
Security
Although we do our best to protect your personal information, we cannot and do not guarantee the security of your personal information transmitted to our Service. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Service.
You are prohibited from attempting to circumvent and from violating the security of this Service, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting our ability to monitor the Service; (f) using any robot, spider, or other automatic device, process, or means to access the Service for any purpose, including monitoring or copying any of the material on the Service; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Service via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; and (i) otherwise attempting to interfere with the proper working of the Service.
Intellectual Property Rights and Ownership
You understand and agree that the Service and its entire contents, features, and functionality, including, but not limited to, all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement (the “Content”), are owned by Jobify, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The “Jobify” and “Mr. Good Vibes” names and logos and all related names, logos, product and service names, designs, images and slogans are trademarks of Jobify or its licensors. You must not use such marks without the prior written permission of Jobify. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on this Service are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of applicable law and could subject the infringer to legal action.
Users are not permitted to modify copies of any materials from this Service nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Service.
Nothing in these Terms grants you any rights in the Service other than as necessary to enable you to access the Service. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Service, in any form or medium whatsoever except as permitted by us under these Terms or as expressly provided under applicable law.
User Content
As a condition of your access and use, you agree that you may use the Service only for lawful purposes and in accordance with these Terms.
The following content standards apply to any and all Content which you submit, post, publish, display, or transmit (collectively, "submit") to the Service, to other users or other persons (collectively, "User Content"). Any and all User Content must comply with all applicable federal, provincial, local, and international laws, regulations and these Terms.
Without limiting the foregoing, you warrant and agree that your use of the Service and any User Content shall not:
User Content: Grant of Licence
None of the User Content you submit to the Service will be subject to any confidentiality by Jobify. By providing any User Content to the Service, you grant us and our service providers, and each of our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
By submitting the User Content, you declare and warrant that you own or have the necessary rights to submit the User Content and have the right to grant the licence hereof to us and our service providers, and each of our respective licensees, successors and assigns to the User Content and comply with these Terms. You represent and warrant that all User Content comply with applicable laws and regulations and these Terms.
You understand and agree that you, not Jobify, are fully responsible for any User Content you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Service.
Monitoring and Enforcement, Suspension and Termination.
Jobify has the right, without provision of notice to:
You release and hold harmless Jobify and its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors and assigns from any and all claims resulting from any action taken by Jobify and any of the foregoing parties relating to any investigations by either Jobify or such parties or by law enforcement authorities.
We have no obligation, nor any responsibility to any party to monitor the Service or its use, and do not and cannot undertake to review material that you or other users submit to the Service. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or Content provided by any user or third party, subject to applicable laws.
No Reliance
The Content on our Service is provided for general information purposes only. It is not intended to amount to advice on which you should rely.
Although we make reasonable efforts to update the information on our Service, we make no representations, warranties or guarantees, whether express or implied, that the content on our Service is accurate, complete or up to date. Your use of the Service is at your own risk and neither Jobify nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever for your use of this Service.
This Service may include Content provided by third parties, including from other users, Employers and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the Content provided by Jobify, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of Jobify. Neither Jobify nor its directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, successors or assigns have any responsibility or liability whatsoever to you, or any third party, for the Content or accuracy of any third-party materials.
Third Party Websites
This Service provides links to third-party websites or mobile applications (“Third Party Services”). We make no representations about any Third Party Services that may be accessed from this Service. If you choose to access any Third Party Services, you do so at your own risk. We have no control over the contents of any Third Party Services and accept no responsibility for Third Party Services or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of Third Party Services.
Disclaimer of Warranties and Limitation of Liability
You agree that your use of the Service is on an “as available” basis. As stated above, except as otherwise expressly required by applicable law, we make no representations, warranties or guarantees (whether express or implied) in relation to the provision of the Service, including without limitation as to completeness, accuracy and currency or any Content on the Service, or as to satisfactory quality or fitness for a particular purpose.
To the maximum extent permitted by applicable law, we exclude all liability (whether arising in contract, tort, breach of statutory duty or otherwise) which we may otherwise have to you as a result of any error or inaccuracies in any Content, the unavailability of the Service for any reason, and any representation or statement made on the Service.
We will not be liable for any loss or damage we cause which we could not reasonably anticipate when you started using the Service, for example if you lose revenue, salary, profits or reputation as a result of your use of the Service and/or the acts or omissions of any third party such as other users of the Service or Employers or any other indirect or consequential loss or damage you may incur in relation to the Service and its Content.
If, notwithstanding the previous paragraph, we are found liable to you, under no circumstances shall our aggregate liability to you for any and all claims arising from your use of the Service exceed the greater of (a) the total amounts you paid to us in the 12 months prior to the action giving rise to liability, and (b) One Hundred US Dollars ($100.00 USD).
We cannot and do not guarantee or warrant that files or data available for downloading will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the Service and your computer, internet, device and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing or crashing, viruses, trojan horses, worms, logic bombs, malware or other technologically harmful material that may infect your computer equipment, computer programs, devices, data, or other proprietary material due to your use of the Service or any services or items found or attained through the Service or to your downloading of any mobile applications or material posted on it.
The above disclaimers and limitation of liability shall survive the termination of these Terms or your account.
Indemnification
You agree to defend, indemnify and hold Jobify harmless from and against any and all loss, actions, claims, damages, costs and expenses, including legal fees and disbursements on a full indemnity basis, arising from or related to your use of the Service or any breach of these Terms. This provision shall survive the termination of these Terms or your account.
Dispute Resolution and Arbitration
Except to the extent prohibited by applicable law, in the event of any controversy, claim, action or dispute arising out of or related to the Service, or the breach, enforcement, interpretation, or validity of these Terms or any part of it ("Dispute"), the party asserting the Dispute shall first try in good faith to settle such Dispute by providing written notice to the other party describing the facts and circumstances (including any relevant documentation) of the Dispute and allowing the receiving party 30 days in which to respond to or settle the Dispute. Notice shall be sent to us at the email address specified below and to you at the email address associated with your account. To the maximum extent permitted by law, both you and Jobify agree that this dispute resolution procedure is a condition precedent which must be satisfied prior to initiating any arbitration against the other party
Except to the extent prohibited by applicable law, if you and Jobify are unable to resolve the Dispute, the Dispute shall be determined exclusively by binding arbitration. The arbitration shall be conducted in the City of Toronto by a single arbitrator. The arbitration shall be resolved using the Simplified Arbitration Rules of the ADR Institute of Canada, Inc. The parties shall be responsible for their own legal costs and shall share the costs of the arbitration equally, subject to an award of the arbitrator to the contrary.
The above dispute resolution and arbitration provision shall survive the termination of these Terms or your account.
Governing Law and Jurisdiction
These Terms shall be construed in accordance with and governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without regard to any conflict of law provisions and notwithstanding your domicile, residence or physical location.
Subject to the dispute resolution and arbitration provision, the parties irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding which may arise out of, or in connection with, the Service or these Terms. You agree not to commence any such action or proceeding except in Toronto, Ontario, Canada.
Notice
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to our contact address at info@downloadjobify.com and all notices from us to you will be displayed on our Service from to time or sent to you at the email address associated with your account.
General
The Terms and our Privacy Policy constitute the sole and entire agreement between you and Jobify regarding the Service and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter. No failure to exercise, or delay in exercising, any right, remedy, power or privilege arising from these Terms operates, or may be construed, as a waiver thereof. No single or partial exercise of any right, remedy, power or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power or privilege. If any term or provision of these Terms is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction. You may not assign, sub-license or otherwise transfer any of your rights and obligations in these Terms to any other person.
Residents of Quebec / Résidents du Québec
The parties acknowledge that they have required that these Terms and all related documents be prepared in English. Les parties reconnaissent avoir exigé que la présente convention et tous les documents connexes soient rédigés en anglais.
Contact
Should you have any questions regarding these Terms, you may contact us at: info@downloadjobify.com.
