WHOPLUSYOU - Powering the Magnet™ Network
Agreement for Organizations
Thank you for signing up to create an Organization Account on the Magnet™ Platform (magnet.whoplusyou.com). The Magnet Platform is a targeted opportunity and communications matching technology that enables you to post jobs, search for individuals who have the qualifications you are looking for, and receive targeted opportunities and communications based on your needs, interests and preferences. The Magnet Platform connects and informs businesses, other organizations and job seekers, and the community organizations, schools, businesses and governments that serve them. Our goal is to help you make the most valuable marketplace connections and provide you with timely, valuable information.
You may not create or maintain an Organization Account on the Magnet Platform (1) from and after May 25, 2018, if you are located in a member state of the European Union or the United Kingdom, or (2) if you are, or represent, a Job Board or similar business.
In this Agreement, “we” “us” and “our” means WhoPlusYou Inc. which provides the Magnet Platform, the technology that powers the Magnet Network. Magnet is a social initiative of Toronto Metropolitan University that is committed to advancing careers, businesses and communities.
1. “Organizations” and Account Types
You are creating an account as an Organization on the Magnet Platform. An “Organization” is a business, a not-for-profit organization, or a government or public sector organization, whether incorporated or not. In this Agreement, “you” means the Organization, and “Organization Users” means your individual representatives who create or use your account on the Magnet Platform on your behalf.
Basic Organization Accounts provide recruiting functionality for organizations. Accounts may have added functionality for receipt of targeted communications and opportunity notifications relevant to the organization’s business, or for professional recruiting agencies and staffing agencies doing recruiting on behalf of third parties.
2. Binding Legal Agreement, Eligibility to Create an Account
- have the legal capacity to enter into this Agreement;
- are not located in a member state of the European Union or in the United Kingdom;
- are not, nor do you represent, a Job Board or similar business;
- are not prohibited from using the Magnet Platform by law in the jurisdiction where you are resident.
5. Rules and Cautions
You must comply with the following rules when you use the Magnet Platform:
- All information that you provide must be truthful. You must not make any misrepresentation in information you provide, either directly or by omission.
- You must not impersonate any person or entity or misrepresent your affiliation with any person or entity.
- Use caution and common sense when using the Magnet Platform, when deciding to connect with others, what to share, and when reviewing and acting on information that other Magnet Platform users send you.
- Be aware that other users of the Magnet Platform may not be who they say they are, may provide false information or may be seeking to connect with you or to obtain information for unauthorized, dangerous or fraudulent purposes.
- You must respect the privacy and personal rights of other users.
- You must not use the Magnet Platform to market or sell any products or services.
You must not use the Magnet Platform for any solicitations, advertising, promotional materials, junk mail, spam, chain letters, pyramid schemes or multi-level marketing schemes.
- In your communications through the Magnet Platform, you must comply with relevant laws pertaining to electronic communications.
- You must own and have the right to use all content that you provide through the Magnet Platform. You must not share any content through the Magnet Platform that you do not have the right to share. You must not use the Magnet Platform to deal with content in a way that violates any laws.
- You must not collect information or content of other users, or otherwise access the Magnet Platform, using automated means (such as spiders, scrapers, crawlers or bots).
- You must not use any information or content that you obtain from others through the Magnet Platform in a manner that contravenes their privacy, intellectual property, confidentiality or other rights. You must use such information or content only for the purposes for which it was provided to you.
- Information, content and/or communications that are defamatory, obscene, pornographic, racist, harassing, hateful, threatening, abusive or illegal are forbidden.
- You must not use the Magnet Platform to do anything unlawful, misleading, malicious or discriminatory.
- You must not use the Magnet Platform to propagate viruses, malware or other harmful or disruptive codes.
- You must not breach or attempt to breach or violate security measures taken to protect the integrity of the Magnet Platform.
- The contents of the Magnet Platform are protected by copyright and other intellectual property laws. Other than downloading from the Magnet Platform for your own use, you must not copy, reproduce, distribute, publish, transmit, sell, modify, create derivative works or in any way exploit any of the content you access through the Magnet Platform, other than content which has been provided by you and which you have the right to make use of in such manner under applicable intellectual property laws.
You must also comply with the following rules when using the Magnet platform for recruiting:
- You may use this account for posting jobs (searches) for positions in your organization. If you select the “Recruiting Agency” account type when creating your account, you may use this account for posting jobs for positions in your organization and those of your clients. “Recruiting Agency” means a professional recruiting agency or staffing agency, but does not include Job Boards or similar businesses.
- You must not post job opportunities or searches, or communicate or connect with other Magnet Platform users, in respect of enterprises or jobs that: are “adult-oriented” (for example, escorts, massage parlors, prostitution, internet models, “cuddling” or the like); are business opportunities where any investment is required from the individual; are arrangements which require any upfront or periodic payments from participants, which pay commission only or require recruitment of other members, sub-agents or sub-distributors; involve illegal activities; are for “mystery shoppers”; are paid primarily with non-cash or deferred compensation; or are for opportunities which do not comply in all respects with all applicable employment and labor laws.
- You must not post job opportunities, or communicate or connect with other Magnet Platform users, in respect of jobs that are unpaid, except for (i) bona fide volunteer positions in not-for-profit organizations, and (ii) bona fide internship positions or assignments which (x) support the career objectives and align with the educational background of candidates and (y) are authorized or organized by an educational institution in which the intern is enrolled; in which cases, you must specify that the opportunity is an unpaid volunteer or internship position or assignment, as the case may be, in your job posting and communications about the opportunity.
If you do not comply with these rules, we may suspend or deactivate your account.
If you become aware of another user who you believe is contravening the rules or abusing the Magnet Platform, please tell us at email@example.com.
6. Your Obligations
You must use the Magnet Platform only for lawful purposes, in a manner consistent with all laws that apply to you and with the Rules and Cautions in paragraph 5 of this Agreement.
You must use the Magnet Platform only for the lawful, stated purposes of the Magnet Platform and in accordance with the rules, terms and conditions (if any) of the particular services which you have signed up for and any usage instructions on the Magnet Platform.
Organization Users associated with your account must keep their usernames and passwords confidential, and not allow anyone else to use your account to access the Magnet Platform. You are responsible for all activity conducted from your account. You must notify us by email to firstname.lastname@example.org if you suspect that the confidentiality of your account has been compromised.
You are responsible for the accuracy and authenticity of all information that you provide to us.
You assume the risk of dealing with other Magnet Platform users with whom you connect through the Magnet Platform.
You must indemnify us and our officers, directors, employees and agents, for losses suffered by us or claimed by third parties against us that are caused by breach of your obligations under this Agreement or of any applicable laws in your use of the Magnet Platform. “Losses” includes all damages, liabilities, expenses, costs and legal fees. We have the right to assume the exclusive defense and control of any claim for which you are required to indemnify us, and you are required to fully cooperate with us in our defense of any such claim.
7. Our Services
So long as you comply with your obligations under this Agreement, then you may use the Magnet Platform through a generally available web browser to access the services we offer for your account. However, we reserve the right to decline or remove any or all of your job postings at our sole discretion.
We may make changes to the services we offer and we may terminate any or all of them at any time, or the Magnet Platform as a whole, without any notice to you and without any compensation to you.
We do not guarantee that the Magnet Platform will function without disruptions, delays or errors. We have no responsibility to you for any damages you may suffer as a result of any such disruptions, delays or errors.
We may temporarily suspend or limit your use of the Magnet Platform so that we can perform maintenance and implement service upgrades. Where possible we will give advance notice of when we intend to suspend or limit use for maintenance and upgrades. You must not be entitled to any damages or compensation for suspension or limitation of service.
We may limit the amount of content that you may maintain on the Magnet Platform for your presentations. We may limit the number, type and size of communications you may send or initiate from the Magnet Platform and/or the number of job postings that you may initiate or maintain, at our sole discretion.
8. No Monitoring of Content or Activity
We do not monitor or take responsibility for verifying the identity of any user of the Magnet Platform.
We do not monitor or take responsibility for verifying the authenticity, reliability or validity of information or content included in user profiles, job postings or searches, or the authenticity, reliability or validity of any information, content or communication that you receive from other users of the Magnet Platform. Information, content and communications are solely the responsibility of the user who provides them.
We have no involvement in any user’s decision to become connected with another user of the Magnet Platform, or in any subsequent interactions between them. We have no responsibility for any consequences of or following from any user decision, communication or other interaction.
We may choose to investigate if we suspect that a user may be violating our rules, but we have no obligation to do so. If we find any information, content or communication that violates our rules, we may remove it, but we have no obligation to do so. We reserve the right to monitor any information or content provided by you and communications sent by you to other users.
9. Restrictions on Your Use of the Magnet Platform
You must not access or use the Magnet Platform to make competitive assessments of it, to gather information about its operation or about our business, to reverse engineer any functionality, to monitor the Magnet Platform’s performance or activity, to provide information to any of our competitors or for any other benchmarking or competitive purposes. You must not disclose any of the contents of our site, other than your own information, to any of our competitors. You must not copy any features or aspects of the Magnet Platform for use in any business, and you must not access or use the Magnet Platform to engage in any derivative commercial activities other than the normal activities of professional recruiting agencies or staffing agencies.
10. Disclaimer of Warranties, Limitation of Liability and Release
THE MAGNET PLATFORM AND ALL INFORMATION, CONTENT AND COMMUNICATIONS YOU RECEIVE FROM USING IT ARE PROVIDED ON AN “AS IS” BASIS WITHOUT ANY WARRANTIES OF ANY KIND AND AT YOUR SOLE RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL WARRANTIES, CLAIMS AND REPRESENTATIONS, WHETHER EXPRESS, IMPLIED OR STATUTORY, WITH RESPECT TO THE MAGNET PLATFORM, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUALITY, PERFORMANCE AND NON- INFRINGEMENT. WE MAKE NO WARRANTIES ABOUT THE AUTHENTICITY, RELIABILITY, VALIDITY, ACCURACY, OR COMPLETENESS OF THE MAGNET PLATFORM OR ANY USER, OPPORTUNITY, INFORMATION, CONTENT OR COMMUNICATION YOU MAY COME INTO CONTACT WITH OR RECEIVE THROUGH USE OF THE MAGNET PLATFORM.
WE DO NOT WARRANT THAT THE MAGNET PLATFORM WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, SECURE, TIMELY OR OPERATE ERROR-FREE OR THAT THE MAGNET PLATFORM, THE CONTENT ON IT AND THE SERVERS WE USE TO HOST IT ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE MAGNET PLATFORM RESULTS IN THE NEED FOR YOU TO SERVICE, REPLACE OR RESTORE EQUIPMENT OR DATA, WE WILL NOT BE RESPONSIBLE FOR ANY COSTS YOU INCUR IN DOING SO.
WE WILL NOT BE LIABLE FOR ANY DAMAGES OR LOSSES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, DAMAGES RESULTING FROM LOSS OR CORRUPTION OF DATA OR BUSINESS INTERRUPTION, OR LOSS OF PROFITS) RESULTING FROM YOUR USE OR INABILITY TO USE THE MAGNET PLATFORM, OR RESULTING FROM THE ACTIONS OF OTHER USERS, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES. UNDER NO CIRCUMSTANCES WILL OUR AGGREGATE LIABILITY, IN ANY FORM OF ACTION IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF THE MAGNET PLATFORM OR WEBSITE, EXCEED THE GREATER OF THE AMOUNT PAID BY YOU TO US IN THE TWELVE MONTHS PRECEDING THE DATE OF THE LOSS, AND $100.
11. Your Feedback and Ideas
We welcome your feedback on the Magnet Platform; however, we will not compensate you for any ideas that you submit to us for changes or improvements to it, and you grant us a perpetual, unrestricted, royalty free license to use any ideas that you submit to us, in whole or in part, in any way we choose. For clarity, this includes any ideas submitted to us by anyone using the Magnet Platform through your account.
12. Website Links
If you wish to post a link from another website to the Magnet Platform, the link must be to our home page (https://magnet.whoplusyou.com) or a link provided to you by the Magnet Platform. You must not provide a link to any other page within the Magnet Platform.
The Magnet Platform may contain links to websites of third parties. We provide these links for information only, as a convenience to you. The inclusion of any link does not mean that we endorse or accept any responsibility for the content of or any interactions you may have on the third party website, and we make no representation or warranty regarding, and have no responsibility for, anything you see, do, use or purchase on or from a third party website. We are not responsible in any way for third-party products or services that may be linked to our service (including without limitation for the availability or content of those services, or for any products used or purchased), nor for any products or services that may be advertised by third parties on the Magnet Platform.
13. Our Use of Your Content
14. Account Deactivation
If you do not comply with this Agreement, or if you create risk or potential legal exposure for us by your use of the Magnet Platform, we may suspend or deactivate your account. If we do so, we will notify you by email or at the next time you attempt to gain access to your account. If your account has been suspended or deactivated by us, you must not create another account without our express written consent. You may deactivate your account at any time by sending a request to email@example.com.
We reserve the right to deactivate your account if it has been inactive for 24 months or more without providing any notice to you.
The invalidity of any portion of this Agreement will not be deemed to affect the validity of any other provision. If any provision of this Agreement is held to be invalid, the remaining provisions will be deemed to be in full force and effect as if they had been agreed by you and us without the inclusion of the invalid provision.
16. No Waiver
Any failure or delay on our part to insist upon the performance of any of the terms of this Agreement or to exercise a right or remedy provided by this Agreement or by law will not constitute a waiver of our rights. If we waive a breach of this Agreement by you, this will not operate as a waiver of a subsequent breach.
Your rights and obligations under this Agreement must not be assigned or transferred to any other person, firm, corporation or entity without our prior express written consent. We may assign this Agreement or any of our rights or obligations under this Agreement to any third party without any notice to you.
18. Governing Law and Jurisdiction; No Jury Trial; Interpretation
This Agreement will be governed by the laws of Ontario and the laws of Canada applicable in Ontario. The courts of Ontario will have exclusive jurisdiction in any action or litigation that may be brought by you against us or by us against you related to or arising out of this Agreement, without regard to choice or conflicts of law principles.
You hereby waive any right to jury trial in connection with any action or litigation that is related to or in any way arises from this Agreement.
The headings of this Agreement are for convenience of reference only, are not part of this Agreement and do not affect its interpretation.
19. Electronic Communications
You agree to the use of electronic communications for entering into this Agreement with us, for creating other records and for us to deliver notices and other communications to you.
We may contact you by email or otherwise for administrative and transactional purposes and to promote our services. You may opt out of receiving future general promotional emails from us by using the link provided in the promotional emails that we send to you. You must not opt out of administrative or transaction-related emails, which are not promotional in nature.
20. Entire Agreement
This Agreement constitutes the entire agreement between you and us regarding your use of the Magnet Platform and replaces all prior agreements between you and us regarding your use of the Magnet Platform.
21. Revision Date
This Agreement was last revised May 14, 2018.