Terms of Use
IMPORTANT — READ CAREFULLY. These Terms of Use (the “Terms”), together with the other documents referenced and linked below (collectively, the “Agreement”), describe the rights and responsibilities of Users (as defined below) of the https://discoverindigenoustourism.ca/ site (the “Site”) and services (the “Services”) offered by the Indigenous Tourism Association of Canada, its subsidiaries and affiliates (collectively, “ITAC”) through the Site. In this Agreement, the terms “we”, “our” and “us” refer to ITAC.
The Services include provision of job boards where individuals seeking employment (“Candidates”) are able to post resumes and view information on available positions and potential employers (“Employers”) are able to post positions, access resumes and contact Candidates. Candidates, Employers and other users of the Site are each a “User” and collectively, the “Users”. By using the Site, Users represent and warrant that they are of the age of majority in the jurisdiction of their residence.
USE OF THE SERVICES, INCLUDING THROUGH A VISIT OF TO THE SITE, CONSTITUTES ACCEPTANCE OF THIS AGREEMENT. THEREFORE, PLEASE TAKE THE TIME TO REVIEW THE TERMS CAREFULLY.
1. The Services
The Services consist of the provision of job boards for (i) Candidates to post resumes and to view and respond to job postings on the Site; and (ii) Employers to post available positions, look for potential employees, view posted resumes and other information and contact Candidates directly. The Services also include any other services provided by ITAC. Note that Candidates and Employers must be based in Canada to use the Services. ITAC will remove all non-Canadian postings from the Site.
ITAC is not acting on behalf of Employers or Candidates and does not screen or review any postings to the Site. Postings are created and provided by third parties over whom ITAC has no control. Users acknowledge that ITAC has no control over the content of postings, links to or from third party sites or any dealings between Candidates, Employers and other Users. Candidates and Employers are responsible for conducting their own due diligence with respect to information on the Site and thereafter. ITAC is not acting as an employment agency by providing the Site.
ITAC cannot and does not confirm the accuracy or completeness of any posting or other information submitted to the Site, including the identity of Users. ITAC assumes no responsibility and disclaims all liability for postings on the Site, including with respect to content, availability, accuracy, completeness, legality, and reliability. Further, ITAC is not responsible for the third party use of any personal information posted to the Site so Users should exercise caution when posting to the Site.
For Candidates, ITAC does not guarantee any dealings with Employers. Candidates are solely responsible for verifying the Employer’s information, the job posting and the legitimacy of any job offer. Candidates and other Users may not use the Site for commercial purposes, including sourcing jobs to be listed on other sites, on social media or for use by recruiters without the written consent of ITAC.
For Employers, ITAC does not verify or guarantee any aspect of Candidate information. Employers must take steps to confirm the accuracy of any provided information. Users are not allowed to access the personal information of Candidates except to contact Candidates for employment opportunities. Candidate contact information may not be used for any commercial purpose or any purpose other than contacting Candidates for employment opportunities.
2. The Site and Account Security
We reserve the right to withdraw or amend the Site, and any of the Services or materials we provide on the Site, in our sole discretion without notice. From time to time, we may restrict access to some parts of the Site, or the entire Site, to registered Users. For example, viewing resumes and contacting candidates is restricted to those Users who create a User account.
To access some of the resources the Site offers, Users may be asked to provide certain registration details or other information. It is a condition of use of the Site that all the information provided by Users on the Site is correct, current and complete. All information provided to register with the Site (including when a User account is created) or otherwise, including but not limited to through the use of any interactive features on the Site, is governed by our Privacy Policy (see Section 3 for more details).
When a User account is created (or if Users are provided with, a username, password or any other piece of information as part of our security procedures), Users shall treat such information as confidential. User accounts are personal to each User and Users shall not provide any other person with access to the Site or portions of it using User account information, including username or password, or other security information. Users shall notify us immediately of any unauthorized access to or use of usernames or passwords or any other breach of security. Users are solely responsible for all activities that occur under their user account or using their username and password. We have the right to disable any user account, username, password or other identifier, at any time in our sole discretion for any or no reason, including if, in our opinion, Users have violated any provision of these Terms of Use.
3. Privacy
Use of the Site and the Services are also governed by the ITAC Privacy Policy. Users consent to the collection, use and disclosure of their personal information by us and third parties in accordance with the terms of and for the purposes set forth in our Privacy Policy. In addition, use of the Site and the Services may also be subject to such other policies and procedures as may be conveyed to Users by us from time to time, including via the Site and the Services.
4. Ownership
These Terms provide only a limited and revocable license to access and use the Site. Accordingly, ITAC does not transfer any ownership or intellectual property interest or title in and to the Site to Users or anyone else in connection with use of the Site. All text, graphics, user interfaces, visual interfaces, photographs, sounds, artwork, computer code (including HTML code), programs, software, products, information, and documentation as well as the design, structure, selection, coordination, expression, “look and feel,” and arrangement of any content contained on or available through the Site (collectively, the “Materials”) are exclusively owned, controlled, or licensed by ITAC. Names, logos, marks, and icons identifying ITAC or the Services are owned exclusively by ITAC, and any use of such names, logos, marks and icons without the prior express written permission of ITAC is hereby expressly prohibited. Other trademarks or service marks identified on or through the Site may be the trademarks or service marks of third parties. The Materials are protected under copyright, trademark and other laws of Canada and other countries, and ITAC owns all copyright in the selection, co-ordination, arrangement and enhancement of the Materials. Any use of any of the Materials (whether in whole or in part) is strictly prohibited, except only and to the limited extent expressly permitted above. Other than to view our Services, Users shall not access or use for any commercial purposes any part of the Site or any of the Services or materials available through the Site.
5. Submissions
For any content that a User submits on the Site or through any social media platform, each User grants ITAC a, perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell and distribute such content and incorporate such content into any form, medium or technology throughout the world without compensation to Users.
By submitting content to the Site, or to us through social media or otherwise, each User represents and warrants that the User is the sole author and owner of the intellectual property rights in the content and that the User waives all moral rights in such content. Users shall not submit, publish or otherwise disseminate to ITAC or through the Site (or a social media platform) anything which: (a) defames, libels or invades the privacy of any person; (b) is obscene, pornographic, abusive or threatening; (c) infringes on any intellectual property or other rights of any person or entity; (d) has contaminating or destructive properties (i.e. software viruses); (e) violates any law; (f) advocates or describes any illegal activity; or (g) advertises or solicits funds for goods or services. We will fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity of anyone posting any such information or materials. We may enforce our rights to the fullest extent of the law should a User breach any of these Terms.
6. Links
The Site may contain links to other web sites. These links are provided solely as a convenience and the inclusion of any link does not imply endorsement, investigation or verification by ITAC of the linked web site or information contained therein. Users’ use of such sites and dealings with the owners or operators thereof are at each User’s own risk.
7. Reliance on Information Posted and Disclaimer of Warranties
The information presented on or through the Site is made available solely for general information purposes. We do not warrant the accuracy, completeness or usefulness of this information. Any reliance placed on such information is strictly at the User’s own risk. ITAC disclaims all liability and responsibility arising from any reliance placed on such materials by Users or by anyone who may be informed of any of its contents.
The Site, the Materials and the Services are provided “as is”, “where is”, “as available”, without representations or warranties of any kind by ITAC. TO THE FULLEST EXTENT PERMITTED BY LAW, ITAC AND ALL DIRECTORS, OFFICERS, EMPLOYEES AND AGENTS OF ITAC DISCLAIM ANY AND ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS WITH RESPECT TO THE SITE, THE SERVICES, AND THE MATERIALS WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, OR ARISING BY COURSE OF DEALING OR USAGE OF TRADE, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR ANY PARTICULAR PURPOSE OR USE OR THAT ANY PARTICULAR RESULT WILL BE OBTAINED THROUGH USING THE SITE, THE MATERIALS OR THE SERVICES OR THAT THE SITE AND SERVICES WILL BE UNINTERRUPTED, ERROR FREE, SAFE, OR SECURE. Without limiting the foregoing, ITAC does not represent or warrant that the Site, the Services or the Materials are accurate, complete, reliable, useful, timely or current or that the Site will operate without interruption or error. ITAC assumes no responsibility, and is not liable for, any damages to computer equipment, data or other property on account of access to, use of, or browsing on the Site, or inability to do any of the foregoing. ITAC further disclaims any responsibility for any harm resulting from downloading or accessing any information or material on the Site.
THE FOREGOING DOES NOT AFFECT ANY WARRANTIES WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
8. Limitation of Liability
The use of the Site, Services, and Materials are undertaken at the User’s own risk. Under no circumstances will ITAC or any directors, officers, employees, agents, contractors and suppliers of ITAC, be liable for any direct, incidental, consequential, indirect, or punitive damages arising out of access to or use of the Site, the Services, the Materials, reliance on the Site, the Services, and the Materials, or any consequences flowing therefrom. ITAC is not responsible for late, lost, incomplete, illegible, misdirected or stolen messages, unavailable network connections, failed, incomplete, garbled or delayed computer transmissions, on-line failures, hardware, software or other technical malfunctions or disturbances or any other communications failures or circumstances affecting, disrupting or corrupting communications. THIS IS A COMPREHENSIVE LIMITATION OF LIABILITY THAT APPLIES TO ALL LOSSES AND DAMAGES OF ANY KIND (WHETHER GENERAL, SPECIAL, CONSEQUENTIAL, INCIDENTAL, EXEMPLARY, PUNITIVE OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, INCOME OR PROFITS OR FAILURE TO REALIZE ANTICIPATED BENEFITS), WHETHER BASED IN CONTRACT (INCLUDING FUNDAMENTAL BREACH), TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, THE ENTIRE LIABILITY OF ITAC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, CONTRACTORS AND SUPPLIERS FOR ANY REASON SHALL BE LIMITED TO THE AMOUNT PAID BY A USER TO ITAC FOR USE OF THE SITE OR THE SERVICES.
THE FOREGOING DOES NOT AFFECT ANY LIABILITY WHICH CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW. TO THE EXTENT THAT ITAC CANNOT DISCLAIM ANY IMPLIED OR STATUTORY WARRANTY, THE EXTENT OF ITAC’S LIABILITY SHALL BE THE MINIMUM AMOUNT PERMITTED UNDER APPLICABLE LAW.
If a User is dissatisfied with the Site, the Services, the Materials, or with this Agreement, the User’s sole and exclusive remedy, except for remedies that are otherwise expressly provided, is to discontinue using the Site, the Services, or the Materials, as applicable.
9. Indemnification
Each User shall indemnify and save harmless ITAC and all directors, officers, employees, agents, contractors and suppliers of ITAC from and against any claim, cause of action, demand, cost, loss, expense or liability (including without limitation reasonable professional fees) brought against or suffered or incurred by us as a result of use or misuse of the Site, the Services, or the Materials or breach of this Agreement. This indemnification obligation will survive termination of this Agreement and cessation of use of the Site and the Services.
10. Governing Law and Courts
This Agreement and use of the Site will be governed by and interpreted exclusively in accordance with the laws of the Province of British Columbia, and the federal laws of Canada applicable in British Columbia, excluding its conflict of laws rules and all private international laws. Despite being available from a variety of jurisdictions, the Site will be deemed solely based in the Province of British Columbia, Canada; and that the Site will be deemed to be passive in nature and not giving rise to personal jurisdiction over ITAC in jurisdictions other than the Province of British Columbia. Users consent and submit to the exclusive jurisdiction of the Courts located in the Province of British Columbia in all disputes arising out of or relating to use of or inability to use the Site and this Agreement. Nothing in this Agreement precludes ITAC’s application for injunctive remedies or other urgent legal relief in any jurisdiction.
11. Termination; Severability; Waiver
Upon breach of this Agreement, ITAC reserves the right, at its sole discretion, to delete the User’s postings and communication from the Site and terminate the User’s registration and ability to access the Site. The terms of this Agreement are severable. If any provision of this Agreement is determined to be unenforceable or invalid, then such provision will be enforced to the fullest extent permitted by applicable law, and such determination will not affect the validity and enforceability of any other remaining provisions. No consent or waiver by either party to or of any breach or default by the other party in its performance of its obligations under this Agreement will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.
12. Survival; Assignment
The following sections shall survive termination of these Terms: Sections 1, 4, 5, 6, 7, 8, 9, 10, 11, 12 and 13, as well as any section which, by its nature survives termination, shall survive termination of these Terms and cessation of use of the Site, or the Services.
Users may not assign or delegate any of its rights or obligations hereunder without ITAC’s prior written consent, and any such attempt is void. ITAC may freely assign or delegate its rights and obligations hereunder without notice to Users. ITAC and Users are not in a legal partnership, agency relationship, or employment relationship. ITAC provides the Site solely as an information service provider.
13. Entire Agreement
This Agreement constitutes the entire agreement between Users and us relating to use of the Site, the Services, and the Materials, and supersedes any prior understandings or agreements (whether electronic, oral or written) regarding the subject matter, and cannot be amended or modified except by our express and explicit agreement to modify this Agreement in writing, or by us making such amendments or modifications available pursuant to a modification of this Agreement as permitted herein. In the event of a conflict between the provisions of the Terms and the provisions of any other document or agreement incorporated or referenced herein, these Terms will govern to the extent of the inconsistency. We reserve the right to unilaterally update or modify (each, a “change”) this Agreement at any time and from time to time. We will notify Users of any changes to this Agreement by posting notice of such changes on the Site. Continued use of the Site following notice of such change means that the amendments have been accepted.
Questions about the Site, or regarding User rights and responsibilities under this Agreement, can be directed to Privacy@IndigenousTourism.ca.
Last modified: July 6, 2023
