ACCEPTANCE OF TERMS
Welcome to applytoeducation. Below are our Terms and Conditions which govern how you may use our website.
If you do not ACCEPT the Terms and Conditions stated here, do not use this web site and service. By using this web site, you are indicating your acceptance to be bound by these Terms and Conditions. Passion Inc. (the Company) may revise these Terms and Conditions at any time by updating this posting. You should visit this page periodically to review the Terms and Conditions, because they are binding on you. The terms ‘You’ and’ User’ as used herein refer to all individuals and/or entities accessing this web site for any reason.
USE OF WEB SITE CONTENT
The Company authorizes you to view and access a single copy of the content available on or from applytoeducation (the Web Site) solely for your personal, non-commercial use. The Site may be used only for lawful purposes by individuals seeking daily, long term, and permanent employment (Candidates), and by School Boards and Private Employers seeking applicants for employment. You agree to use the Site only to send Content and receive Materials that are proper and related to the purpose of the Site.
The contents of this Web Site, and of all other websites under the Company’s control, whether partial or otherwise (the Website and such other websites are sometimes collectively referred to as the Company’s Sites) such as text, graphics, images, logos, button icons, software and other Web Site content (collectively, Web Site Content), are protected under both Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials.
All Web Site Content is the property of the Company or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of the Company and protected by Canadian and international copyright laws. Unauthorized use of the Web Site Content may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Web Site Content on any copy you make of the Web Site Content. You may not sell or modify the Web Site Content or reproduce, display, publicly perform, distribute, or otherwise use the Web Site Content in any way for any public or commercial purpose. The use of the Web Site Content on any other web site or in a networked computer environment for any purpose is prohibited.
You shall not copy or adapt the HTML code that the Company creates to generate any Web Site Content or the pages making up any Company Site. It is also protected by the Company’s copyright.
You also understand and agree that the Service may include advertisements and that these advertisements are necessary for applytoeducation to provide the Service. You also understand and agree that the service may include certain communications from applytoeducation, such as service announcements, administrative messages, and the applytoeducation on-line or print Newsletter Magazine, and that these communications are considered part of applytoeducation membership and you will not be able to opt out of receiving them. You understand and agree that the Service is provided AS-IS and that the Company assumes no responsibility for the timeliness, deletion, non-mis-delivery or failure to store any user communications or personalization settings. . applytoeducation reserves the right to change its pricing and the features offered on the site at any time.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
PROHIBITED USES OF WEBSITE
General Rules: Users may not use any of the Company’s Site in order to transmit, distribute, store or destroy material, including without limitation Web Site Content, (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others, or (c) that is defamatory, obscene, threatening, abusive or hateful.
Security Rules: Users are prohibited from violating or attempting to violate the security of any of the Company’s Site, including, without limitation, (a) accessing data not intended for such user or logging into a server or account which the user is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to any Company Site, overloading, flooding, spamming, mail bombing or crashing, (d) sending unsolicited email, including promotions and/or advertising of products or services, or (e) forging any TCP/IP packet header or any part of the header information in any email or newsgroup posting. Violations of system or network security may result in civil or criminal liability. The Company will investigate occurrences involving such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
The Company’s Sites may be used only for lawful purposes by individuals seeking employment and career information and employers seeking employees. The Company specifically prohibits any use of the Web Site, and all users agree not to use the Web Site, for any of the following:
Posting any incomplete, false or inaccurate biographical information or information which is not your own accurate application.
Posting any franchise, pyramid scheme, club membership, distributorship or sales rep agency arrangement or other business opportunities which require an up-front or periodic payment, pays commissions only (except for postings that make clear that the available job pays commission only and clearly describes the product or service that the job seeker would be selling, in which case such postings are permissible), requires recruitment of other members, sub-distributors or sub-agents.
Under no circumstances are Private Employers permitted to mass email applicants within the applytoeducation database. Private Employers are also not permitted to copy applicants’ email addresses from the applytoeducation website. Private Employers can only email applicants who have applied to their job posted on the site. Private Employers also agree to only email applicants once regarding job opportunities and these opportunities will not involve: franchises, pyramid schemes, club memberships, distributorships or sales rep agency arrangements or other business opportunities which require an up-front or periodic payment, pay commission only, or require recruitment of other members, sub-distributors or sub-agents.
Deleting or revising any material posted by any other person or entity.
Using any device, software or routine to interfere or attempt to interfere with the proper working of any Company Site or any activity being conducted on this site.
Taking any action that imposes an unreasonable or disproportionately large load on any Company Site’s infrastructure.
If you have a password allowing access to a non-public area of this Web Site, disclosing to or sharing your password with any third parties or using your password for any unauthorized purpose.
Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism (including without limitation browsers, spiders, robots, avatars or intelligent agents) to navigate or search any Company Site other than the search engine and search agents available from the Company on such Company Site and other than generally available third party web browsers (e.g., Google Chrome, Safari, Microsoft Internet Explorer, Netscape Navigator.Edge, Firefox, etc).
Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of any Company Site.
Aggregating, copying or duplicating in any manner any of the Web Site Content or information available from any Company Site.
When you register for the Web Site, you will be asked to provide the Company with certain information including, without limitation, a valid email address (your Information). In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service’s registration form (such information being the Registration Data) and (b) maintain and promptly update your application to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or applytoeducation has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, applytoeducation has the right to suspend or terminate your account without refunding your membership and refuse any and all current or future use of the Service (or any portion thereof).
In addition to the terms and conditions that may be set forth in any Privacy Pledge on this Web Site, you understand and agree that the Company may disclose to third parties, on an anonymous basis, certain aggregate information contained in your registration application. The Company will not disclose to any third party your name, address, email address or telephone number without your prior consent, except to the extent necessary or appropriate to comply with applicable laws or in legal proceedings where such information is relevant. You agree to abide by applytoeducation‘s Privacy Pledge, which is incorporated by reference into these Terms and Conditions.
As a user, you are responsible for your own communications and are responsible for the consequences of your postings. You must not, and by using any Company Site you agree not to do the following things:
post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it
post material that reveals trade secrets, unless you own them or have the permission of the owner post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others
post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity post a sexually-explicit image or statement
post advertisements or solicitations of business
post chain letters or pyramid schemes impersonate another person or
post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.
The Company does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.
The Company acts as a passive conduit for the online distribution and publication of user-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith at its sole discretion whether to remove or request the removal of the communication. The Company has no liability or responsibility to users for performance or non-performance of such activities. The Company reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Company or may cause the Company to lose (in whole or in part) the services of its ISPs or other suppliers.
By submitting content to any public or non-public area of any Company Site, including message boards, forums, contests and chat rooms, you grant the Company and its affiliates the royalty-free, perpetual, irrevocable, sublicenseable (through multiple tiers), non-exclusive right (including any moral rights) and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, communicate to the public, perform and display the content (in whole or in part) worldwide and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any rights that may exist in such content. You also warrant that the holder of any rights, including moral rights in such content, has completely and effectively waived all such rights and validly and irrevocably granted to you the right to grant the license stated above. You also permit any subscriber to access, display, view, store and reproduce such content for personal use. Subject to the foregoing, the owner of such content placed on the Web Site retains any and all rights that may exist in such content.
We appreciate hearing from our customers and welcome your comments regarding our services and the Company Sites. Please be advised, however, that if you send us creative suggestions, ideas, drawings, concepts, inventions, or other information (collectively the Submission), the Submission shall be the property of the Company. None of the Submission shall be subject to any obligation of confidence on our part and we shall not be liable for any use or disclosure of any Submission. The Company shall own exclusively all now known or later discovered rights to the Submission and shall be entitled to unrestricted use of the Submission for any purpose whatsoever, commercial or otherwise, without compensation to you or any other person who submitted the Submission.
If you contact us (email, call, website submission, etc.) with a question regarding your account you are giving us permission to review your account to answer your question. We do not review accounts of users unless asked to do so by the user or troubleshooting an issue related to the user. If you register as an applicant and upload documents to your account without applying to an employer you will be asked after ninety (90) days to purchase a document storage package to maintain safe and secure online access to your documents.
If you use your applicant account to apply to employers and let it expire you will be asked after ninety (90) days to purchase a document storage package to maintain safe and secure online access to your documents.
If you choose not to purchase a document storage package you have the option of recovering your documents from our off line storage system. This request will be subject to a document retrieval fee.
If you go twelve (12) months without logging into your applicant account, your Resume and Cover Letters will be removed and cannot be retrieved.
If you upload a customized resume and cover letter when applying to a job posting, the documents will be displayed to the employer for at least 12 months after the job posting expires and then they will be deleted from our database. However, the rest of your application will still be visible to the employer if they want to review who applied to the archived job posting.
Any data you submit in your applicant account will be stored on applytoeducation in case you want to use our service in the future.
When you select a School Board or employer to view your application or apply to a specific job posting you give permission to those employers to contact any references, school or faculty associates, or past or present employers named in your application.
If you provide your Ontario College of Teachers membership number, you will be granting the College permission to provide your membership status and qualifications from the Public Register. This information will be uploaded to your application portfolio on applytoeducation and will be visible to School Boards and Private Employers you apply to.
REGISTRATION AND PASSWORD
You are responsible for maintaining the confidentiality of your registration information and password. You shall be responsible for all users of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.
When you register with applytoeducation as an applicant you receive the ability to create a single online employment application that may be shared with multiple employers.
If you register as a Private Employer you receive the option to purchase the ability to post jobs or search our applicant database.
Need help completing your application, applying to jobs, searching applicant resumes, or postings jobs? Contact us now.
Upon request from an individual user, the Company will refund a purchased credit if the request is made within 2 business days of the transaction. Please note there is an administration fee to process refunds. If you feel you have extenuating circumstances that would not permit you to meet the above condition for a refund request, please contact the Company. The Company reserves the right to accept or decline refund requests involving extenuating circumstances that do not meet the stated condition.
If a refund request is accepted, the refund will be dispensed in the same form in which the original payment was made. Thus, if the user made a credit card transaction for the credit being refunded, the user must supply the same credit card number to the Company for the refund. We will not accept a credit card number that differs from that of the original purchase. If the user submitted payment by cheque or money order, the user will be mailed a cheque for the refunded amount. The Company reserves the right to alter this Refund Policy at any time without notice.
TERMINATION POLICY FOR USERS THAT INFRINGE ON COPYRIGHT OR INTELLECTUAL PROPERTY RIGHTS OF OTHERS
The Company, applytoeducation and all of our affiliated companies respect the intellectual property of others, and we ask our users, account holders and content partners to do the same. The unauthorized reproduction, copying, distribution, modification, public display or public performance of copyrighted works constitutes infringement of the copyright owner’s rights. As a condition to your use of this Web Site, you agree not to use the Web Site or any other Company Site to infringe upon the intellectual property rights of others. We will terminate the accounts of any account holder, and block access to our Web Site and/or the other Company Sites for any user, who is a repeat infringer of the copyrights, or other intellectual property rights, of others. We reserve the right to take these actions at any time, in our sole discretion, with or without notice, and without any liability to the account holder who is terminated or to the user whose access is blocked.
applytoeducation is a web-based Applicant Tracking and Automated Dispatch System. It does not screen or censor the listings offered. The Company is not involved in the actual transaction between employers and applicants. As a result, the Company has no control over the quality, safety or legality of the jobs or applications posted, the truth or accuracy of the listings, the ability of employers to offer job opportunities to applicants or the ability of applicants to fill job openings. In addition, note that there are risks, including but not limited to the risk of physical harm, of dealing with strangers, foreign nationals, underage persons or people acting under false pretenses. You assume all risks associated with dealing and coming into contact with users through the Web Site and/or the other Company Sites.
Because identity verification on the Internet is difficult, the Company cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behavior of participants on any Company Site, in the event you have a dispute with one or more users, you release the Company (and our agents and employees) from claims, demands and damages (actual and consequential, direct and indirect) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. If you are a California resident, you waive California Civil Code d1542, which says: A general release does not extend to claims which the creditor does not know or suspect to exist in his favor at the time of executing the release, which if known by him must have materially affected his settlement with the debtor.
We are under no legal obligation to, and generally do not, control the information provided by other users which is made available through the Web Site and/or the other Company Sites. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabeled or deceptively labeled.
We expect that you will use caution and common sense when using this Web Site and/or the other Company Sites.
The Web Site Content may contain inaccuracies or typographical errors. The Company makes no representations about the accuracy, reliability, completeness, or timeliness of any Company Site or the Web Site Content. The use of Company Sites and the Web Site Content is at your own risk. The Company reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. This includes changes to the fee structure for candidates posting applications and private employers posting jobs as well as searching candidates. You agree that the Company shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any application or material contained therein placed by you on the Company Sites. Employers are solely responsible for their postings on Company Sites.
The Company is not to be considered to be an employer with respect to your use of any Company Site and the Company shall not be responsible for any employment decisions, for whatever reason, made by any entity posting jobs on any Company Site.
Each credit purchased by an applicant permits him/her to apply to a School Board and an unlimited number of jobs with that School Board and Private Employers for one year. Should the School Board elect to no longer receive e-couriered applications through applytoeducation during that year, the applicant may apply the credit to e-courier their application to another School Board until the credit expires applytoeducation does not warrant that the School Boards listed on the website will continue to accept e-couriered applications from applytoeducation for a set period of time.
SUBJECT TO ANY OTHER AGREEMENTS BETWEEN YOU AND THE COMPANY WHICH MAY PREVAIL IN THE EVENT OF A CONFLICT BETWEEN THESE TERMS AND SUCH AGREEMENT(S), THE COMPANY DOES NOT WARRANT THAT ANY COMPANY SITE WILL OPERATE ERROR-FREE OR THAT ANY COMPANY SITE AND ITS SERVER ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF ANY COMPANY SITE RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, THE COMPANY IS NOT RESPONSIBLE FOR THOSE COSTS. THE COMPANY SITES AND WEB SITE CONTENT ARE PROVIDED ON AN AS IS BASIS WITHOUT ANY WARRANTIES OF ANY KIND. THE COMPANY, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE COMPANY MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE MATERIAL, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.
DISCLAIMER OF CONSEQUENTIAL DAMAGES
IN NO EVENT SHALL THE COMPANY, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON ANY COMPANY SITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY COMPANY SITE AND THE MATERIAL, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT THE COMPANY IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
LINKS FROM OTHER SITES
applytoeducation and certain other Company Sites contain links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by the Company of the contents on such third-party Web sites. The Company is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third party Web sites. If you decide to access linked third party Web sites, you do so at your own risk.
NO RESALE OR UNAUTHORIZED COMMERCIAL USE
LIMITATION OF LIABILITY
Subject to any other agreement you may have with the Company, the aggregate liability for the Company to you for all claims arising from the use of the Materials or any Company Site is limited to $100 Canadian.
The Company reserves the right, at its sole discretion, to pursue all of its legal remedies, including but not limited to deletion of your application or job postings from this Web Site and other Company Sites and immediate termination of your registration with or ability to access this Web Site and other Company Sites and/or any other service provided to you by the Company, upon any breach by you of these Terms and Conditions or if the Company is unable to verify or authenticate any information you submit to the Web Site or other Company Site registrations.
You agree to defend, indemnify, and hold harmless the Company, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Material or your breach of the terms of these Terms and Conditions. The Company shall provide notice to you promptly of any such claim, suit, or proceeding and shall assist you, at your expense, in defending any such claim, suit or proceeding.
The Company makes no claims that the Materials may be lawfully viewed or accessed outside of North America. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of North America, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. These Terms and conditions are governed by the internal substantive laws of the Province of Ontario, without respect to its conflict of laws principles.
If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Toronto, Canada or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
If any provision of these Terms and Conditions is found to be invalid by any court having competent jurisdiction, the invalidity of such provision shall not affect the validity of the remaining provisions of these Terms and Conditions, which shall remain in full force and effect. No waiver of any term of these Terms and Conditions shall be deemed a further or continuing waiver of such term or any other term. These Terms and Conditions constitute the entire agreement between you and the Company with respect to the use of Web Site. No changes to these Terms and Conditions shall be made except by a revised posting on this page.