Terms of Use (Canada)
Welcome to Justworks! In connection with your employment with Via Global Ventures Talent Mobility Services Canada Inc. (the “Company”), we will communicate with one another through the Justworks employee platform (the “Platform”) and our website (our “Site”’). Please read on to learn the rules and restrictions (these “Terms”) that govern your use of the Platform and our Site. By using our Site or our Platform you agree to all of these Terms, and these Terms will remain in effect while you use the Platform and/or Site. These Terms include the provisions set out herein, as well as those in the Privacy Policy. You must agree to and accept all of the Terms, or you don’t have the right to access or use the Platform or our Site.
Introduction
The information on the Platform and Site including, without limitation, all site design, text, graphics, interfaces, and the selection and arrangements of the foregoing is protected by copyright and/or other intellectual property laws.
Product names, logos, designs, titles, words or phrases may be protected under law as the trademarks, service marks or trade names of the Company or other entities. Such trademarks, service marks and trade names may be registered in the United States and internationally. The Company logos and service names are trademarks and registered trademarks of the Company (the “Company Marks”). You agree not to display or use Company Marks in any manner without the Company's express prior written consent. Nothing on the Platform or Site should be construed to grant any license or right to use any Company Mark without the express prior written consent of the Company.
Use of The Site and Platform
You are responsible for complying with these Terms and with the terms and restrictions under any agreement with the Company for the provision of the Platform and the Site.
In the course of your use of the Platform or Site, you may be asked to provide certain information to the Company. The Company’s use of any information you provide via the Site or Platform shall be governed by the Privacy Policy available at [insert link to Canadian Platform Privacy Policy]. We take your privacy very seriously and urge you to read our Privacy Policy.
We may modify the Terms from time to time. If we make material changes to the Terms we will post the revised Terms on the Platform and/or Site, send you an email, and/or provide notice by some other means. The provisions contained herein supersede all previous notices or statements regarding our Terms. We include the effective date of our Terms at the top of the statement. By using the Platform and/or Site following any modifications to the Terms, you agree to be bound by such modifications.
Site/Platform Access and Site User Obligations
(Who's responsible for what)
You are required to register to use the Platform and set up an account (each, a “User Account”) and are responsible for maintaining adequate security and control of all login credentials that are used to access the Platform. Any transactions conducted using User Account login credentials will be deemed to be authorized by the User. All Users are responsible for any activity associated with his or her login credentials.
Modifications to the Platform or Site
(We can change what we want)
The Company reserves the right, in its sole discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Platform or Site for any reason, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (collectively, “Content”), features, and/or hours of availability. The Company will not be liable to you or to any third party for doing so. The Company may also impose rules for and limits on use of the Platform or Site or restrict your access to part, or all, of the Platform or Site without notice or penalty, and has the right to change these rules and/or limitations at any time.
Specific Prohibited Uses
(What you can't do here)
The Platform and Site may be used only for lawful purposes by individuals using authorized services of the Company. You are responsible for your own communications, including the upload, transmission and posting of Content, and represent that you have all rights necessary to do so. You are responsible for the consequences of uploading, transmitting, and/or posting such Content on or through the Platform and Site. You represent that you will not contribute any Content or otherwise use the Platform or Site to:
Post Content that is false, fraudulent, deceptive, inaccurate, or otherwise objectionable;
Impersonate another person;
Directly or indirectly engage in or encourage conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any city, state, national or international law or regulation;
Post Content that is subject to copyright or otherwise owned by a third party (including the Company), unless you are the copyright owner or have the express prior permission of the owner to post it;
Post Content that reveals trade secrets, unless you own them or have the express prior permission of the owner;
Post Content that infringes on any other intellectual property, privacy or publicity right of another (including the Company);
Transmit or transfer (by any means) information or software derived from the Platform or Site to foreign countries or foreign nations in violation of US export control laws;
Interfere or attempt to interfere in any way with the Site’s, Platform’s, or the Company’s networks or network security;
Use or attempt to use the Site or Platform to gain unauthorized access to any other computer system; or
Copy, store, or replicate any significant portion of the Content, except as required by law.
Violation of these requirements is a breach of these Terms and may result in discipline up to and including termination of your employment for just cause or wilful misconduct in accordance with applicable law.
Security Rules
(More things you can't do)
The Company will investigate actual, suspected or attempted violations of system or network security. You are prohibited from violating or attempting to violate the security of the Platform or Site, including, without limitation, the following:
Accessing or attempting to access Content not intended for you or logging into a server or account you are not authorized to access;
Attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without authorization;
Attempting to interfere with service to any user, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”, or sending unsolicited e-mail(s), including promotions and/or advertising of products or services; or
Forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting.
Violation of these requirements is a breach of these Terms and may result in discipline up to and including termination of your employment for just cause or wilful misconduct, in accordance with applicable law.
Proprietary Rights
(Don't steal our content)
As between you and the Company, the Company is the owner and/or authorized user of any trademark, registered trademark and/or service mark appearing on the Site and Platform, and is the copyright owner and/or licensee of the Content and/or information on the Site and Platform, unless otherwise indicated.
Except as provided herein, use of the Site and Platform does not grant you a license to any Content, features or materials you may access on the Site and Platform, and you may not modify, rent, lease, loan, sell, distribute or create derivative works of such Content, features or materials, in whole or in part, or otherwise exploit any of the Content. Any commercial use of the Site and Platform is strictly prohibited, except as allowed herein or otherwise approved by the Company. You may not download or save a copy of any of the Content or screens for any purpose, and no material from the Site and Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed in the Site and Platform or as otherwise provided by the Company. If you make use of the Site or Platform, other than as provided herein, in doing so you may violate copyright and other laws of Canada, or other countries, as well as applicable provincial laws and may be subject to liability for such unauthorized use. The Company does not grant any license or other authorization to any user of our trademarks, registered trademarks, service marks, other copyrightable material or any other intellectual property by including them on the Site and Platform.
To the extent permitted by applicable laws, you grant the Company a non-exclusive, royalty-free, perpetual, transferable, irrevocable, and worldwide license to use, translate, modify, reproduce, adapt, publish, create derivative works from, distribute, perform, display and otherwise act with respect to anything you post, upload, share, store, or otherwise provide through the Site and Platform (“Your Content”), in each case to enable the Company to provide the Site and Platform. You hereby waive in favour of the Company all moral rights you may have in and to your Content.
Links From and To the Site and Platform
(Don't judge us by our links)
You may be able to link to third party websites (“Linked Sites”) from the Site and Platform. Linked Sites are not reviewed, controlled or examined by the Company, and the Company is not responsible for the content, availability, advertising, products, information or use of user information or other materials of Linked Sites, including any website or other links contained therein. Linked Sites do not imply the Company’s endorsement of or association with the Linked Sites. It is your sole responsibility to comply with the terms of use of the Linked Sites, and with any other obligation under copyright, secrecy, defamation, decency, privacy, security and export laws related to the use of such Linked Sites and any content contained therein. In no event will the Company be liable, directly or indirectly, to anyone for any loss or damage arising from or occasioned by the creation or use of the Linked Sites or the information or material accessed through Linked Sites. You should direct any concerns to the administrator of the Linked Site. The Company reserves the right, at its sole discretion, to add, change, decline or remove, without notice, any feature or link to any of the Linked Sites from the Site and Platofrm and/or introduce different features or links to different users.
Beta Products
(Give it a try, tell us what you think)
From time to time, the Company may provide you with access to additional Platform or Site features other than those covered by our Customer Service Agreement (“Beta Products”) for the purpose of testing and evaluating the Beta Product (“Beta Program”). If you decide to use a Beta Product, you understand that the Company is granting you a limited non-exclusive, non-transferable, revocable license to use the Beta Product for a period designated by the Company (“Beta Test Period”) for the purpose of testing and evaluating the Beta Product. You understand that Company owns all legal right, title, and interest in the Beta Product, including all intellectual property rights, and except for the license provided herein, no other rights or permissions to the Beta Product is granted. You understand that the Company may change, withdraw or terminate your access to, testing of and/or use of, or discontinue the Beta Product (or any portion thereof) at any time and in the Company’s sole discretion, without any prior notice.
Beta Products are made available to you from time to time for purposes of evaluation and feedback without any compensation or reimbursement of any kind from the Company. If you are an EOR Employee, your Beta Products testing activities should take place during regular work hours. While you are using a Beta Product, and for a reasonable period of time thereafter, the Company may periodically request that you provide suggestions, comments, or ideas and report issues or problems related to your use of the Beta Product, including by way of online surveys and interviews (collectively, “feedback”). You agree not to disclose feedback to any third party and you hereby assign to the Company all right, title, and interest in and to any feedback, without any right to compensation or other obligation from the Company. The Company has the right to use such feedback in any manner it deems appropriate.
Except to the extent permitted by law, you may not modify, distribute, prepare derivative works of, reverse engineer, reverse assemble, disassemble, decompile or otherwise attempt to decipher any code in connection with a Beta Product.
You agree to keep confidential and not disclose to any third party all information, whether oral or written, about: (i) a Beta Product, a Beta Program, or any aspect of either a Beta Product or a Beta Program, (ii) the Company’s development or marketing plans that you learn about as part of your participation in a Beta Program, (iii) your participation in a Beta Program, and (iv) verbal or written communications from the Company’s employees, agents, contractors or other representatives regarding a Beta Product or Beta Program. You agree to hold and maintain all such confidential information, whether oral, electronic, or written, in confidence with the same degree of care as you treat your own proprietary information, and not disclose it to others, not make copies of it, and not use it, except as expressly agreed beforehand in writing by the Company. These confidentiality requirements continue until all of the above become publicly known, and do not apply to any information which you establish:
at the time of disclosure is in the public domain;
becomes part of the public domain after disclosure by publication or otherwise, other than in violation of your commitment herein;
was in your possession at the time of disclosure from the Company, and was not acquired or received, directly or indirectly, from the Company; or
was received by you after the time of disclosure from the Company from a third party who did not require you to hold it in confidence and who did not acquire it, directly or indirectly, from the Company under an obligation of confidence.
Disclaimer of Warranties
(It's disclaimer time!)
The Company does not warrant that the Site or the function, Content or Platform will be timely, secure, uninterrupted or error free, or that defects will be corrected. Company makes no warranty that the Site will meet your expectations or requirements. No advice, results or information, or materials whether oral or written, obtained by you through the Site shall create any warranty not expressly made herein. The Company does not endorse, warrant or guarantee any products or services offered or provided by or on behalf of third parties on or through the Site or Platform. The Company is not a party to, and does not monitor, any transaction between Site and Platform Users and third parties without the direct involvement of the Company.
YOU UNDERSTAND AND AGREE THAT THE SITE AND PLATFORM, INCLUDING, WITHOUT LIMITATION, ALL CONTENT, FUNCTION, MATERIALS AND SERVICES ARE PROVIDED “AS IS,” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY FOR INFORMATION, DATA, DATA PROCESSING SERVICES OR UNINTERRUPTED ACCESS, ANY WARRANTIES CONCERNING THE AVAILABILITY, ACCURACY, COMPLETENESS, USEFULNESS, OR CONTENT OF INFORMATION, AND ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR WARRANTIES ARISING FROM USAGE IN TRADE, COURSE OF PERFORMANCE OR COURSE OF DEALING. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
Notices
(How we'll update you)
Notices to you may be made via either email or regular mail. Notices to the Company shall be by email, certified or overnight mail. The Site or Platform may also provide notices of changes to the Terms or other matters by displaying notices or links to notices to you on the Site or Platform.
General Information
(Almost done!)
The Terms constitute the entire agreement between you and the Company and govern your use of the Site and Platform, superseding any prior agreements between you and the Company regarding your use of the Site or the Platform.
The failure of the Company to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties’ intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
The Company may transfer, assign, or delegate these Terms and our rights and obligations without your consent. The Terms inure to the benefit of the Company’s successors, assigns and licensees. The section titles in the Terms are for convenience only and have no legal or contractual effect. © Copyright 2013 – 2024 by Justworks, Inc. All rights reserved.
That’s it, you read the entire Terms of Use. You’re a superstar!