Terms Of Use, Conditions and Content Disclaimer

By using our Services, you confirm that: (a) you accept these Terms; and (b) you agree ‎to comply with these Terms. If you do not meet these requirements, you must not access or use any of our Services. If any of the terms and conditions of these Terms, or any future modifications thereto, are ‎‎unacceptable to you, you must not access or cease your use of our Services. We recommend that you print or save a local copy of the Terms ‎for your records. ‎

If you are using our Services on behalf of a partnership or any incorporated or unincorporated ‎organization or business, you represent that you have the authority ‎to contract on behalf of such entity, and that these Terms are binding ‎on and enforceable against such entity.

You may not use our Services if you breach these Terms, if ‎your permission to use our Services has been suspended or ‎terminated by EGBC, or if these Terms as they apply to you ‎have otherwise been terminated.

We reserve the right in our sole and absolute discretion to revise and update these Terms from time to ‎time. ‎All changes are effective immediately upon posting on our Website and apply to your continued access to and use ‎of our Services. You agree to periodically check and review these Terms in order to be aware of ‎any such changes and your ‎continued use of our Services following any such changes will be deemed to ‎indicate your acceptance of any such changes, regardless of whether you were given notice of same. ‎

You may ‎not change, supplement, or amend these Terms in any ‎manner. ‎ ‎

As between you and ‎EGBC, EGBC and its licensors own any and all rights, title, and interest in and to ‎our Services and any and all data and content made available in and through EGBC and our Website, ‎including all software, computer code, tools, patches, courses, updates, images, text, graphics, ‎illustrations, logos, photographs, images, pictures, audio, sound effects, sound recordings, ‎features, functionality, design, presentation, and “look and feel” of our Services, and all ‎intellectual property rights related to the foregoing and our Services (the “‎EGBC ‎Content”). Put simply, our Services and the EGBC Content (including all components ‎thereof) are the property of their respective owners and are protected by copyright, ‎trademark, patent, trade secret, and any other proprietary rights. ‎You acknowledge and agree that you have no ownership rights in our Services or the ‎EGBC Content. ‎

Subject to these Terms, we grant you a non-exclusive, non-‎transferable, non-sublicensable, revocable, and limited licence to access and use our Services ‎and to access the ‎EGBC Content for your personal, non-commercial use only or for your legitimate business purposes related to your role as a current or prospective employee, contractor, or Registrant of EGBC. We reserve all rights not expressly granted herein in ‎our Services and EGBC Content.

You acknowledge that your use of our Services and EGBC Content for any purpose not expressly permitted by these Terms is strictly prohibited. 

Neither the EGBC Content nor the design or layout of our Services, nor any part or component of any of the foregoing, may be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without our and, where applicable, our licensors’ prior written consent. 

You cannot create any work of authorship or proprietary right based on our Services (including EGBC Content). You will only use our Services as may be expressly provided in these Terms or to the extent permitted by law. We and our licensors reserve all rights not expressly granted in these Terms.‎

You cannot use our Services:

1. To post, upload, or transmit content that is unlawful or otherwise harasses or threatens any individual;
2. in any manner that violates applicable laws or the rights of any third parties (including without limitation, intellectual property rights);
3. to transmit malware or to facilitate or host phishing or social engineering operations;
4. to transmit spam or for any deceptive commercial practices or activities; or
5. in any manner that has the intended or unintended effect of damaging or harming EGBC, any of our Services, any EGBC Content, or any users of our Services. 

Framing, mirroring, scraping or data-mining the Services or any of its content in any form and by any means (including automatic devices, programs or methodologies) is strictly prohibited.  You may not attempt to access or obtain any Service content or other data by any means that is not purposely made available to you through the Services. You may not attempt to gain unauthorized access to any part of the Services or its content, or any related system, network, service or data, by hacking, password mining or any other means.  You may not attempt to test or tamper with the security of our Services or attempt to interfere with the proper working of our Services, any transaction being conducted through our services, or any other person’s use of our Services.

Use for Job Seekers
Subject to these Terms and any registration and payment terms set out on our Website, EGBC provides individuals seeking employment and career information (“Candidates”) with a non-exclusive, non-‎transferable, non-sublicensable, revocable, and limited right to use our Services to seek and pursue employment opportunities for personal purposes. You cannot use our Services for commercial purposes including sourcing job postings for use by other websites, social media sites, blogs/microblogs, recruitment companies (“Recruiters”) or on behalf of any third party, without the written consent of EGBC. 

Use for Employers and Recruiters
Subject to these Terms and any approval, registration and payment terms set out on our Website, EGBC provides business users (“Employers and Recruiters”) with a non-exclusive, non-‎transferable, non-sublicensable, revocable, and limited right to use our Services for finding Candidates related to your business. Employers and Recruiters are not allowed to transfer access to our Services, EGBC Content, or Candidates to any third party without written authorization of EGBC. Employers and Recruiters are also not allowed to access the personal information of Candidates except for the sole purpose of contacting them in regards to employment opportunities. This includes using any contact or account information found for commercial use including email, mail, social media and related activities. 

Disclaimer to Candidates, Employers & Recruiters
EGBC offers our Website as a vehicle for Employers and Recruiters to post job positions and Candidates to post profiles/resumes. EGBC maintains a third party status and does not get involved in hiring processes or any resultant employment or transaction between Candidate and Employer or Recruiter. 

EGBC has no control over the authenticity, accuracy, or legality of any job postings or communications related to the job postings and all users need to be prepared to face risks associated with using our Services which may include, but are not limited to the risk of (i) physical harm or discrimination in the course of employment, (ii) dealing with persons that do not possess necessary certifications, work permits, or other licenses or credentials, or (iii) dealing with persons acting under false pretenses or claiming to be someone else. You accept all risks associated in using our Services and are urged to exercise caution when engaging with other users of our Services. Content may contain inaccuracies or typographical errors. EGBC is not responsible for any information submitted and posted by Candidates, Employers, or Recruiters and EGBC does not warrant the information is accurate, reliable, complete or timely. In no circumstance is EGBC responsible for any hiring or employment decisions made by any Employer, Recruiter, or Candidate that chooses to use our Services.

To access and use certain features and services of our Services you must have a valid website account and use a valid user name and password accepted by EGBC.  Website accounts are personal, and may not be shared.

You hereby agree to: (a) provide true, ‎accurate, current ‎and ‎complete information about yourself as requested by any registration forms on the Service ‎‎‎‎(“Registration Data”); and (b) maintain and promptly update the Registration Data to keep it true, ‎‎accurate, ‎current and complete. By providing Registration Data to us through the Services, you will ‎‎provide personal account ‎information. You hereby agree to be fully responsible ‎for: (a) all use of your ‎user ‎account; (b) any action that takes place using your account by any ‎person or automated process; ‎‎(c) ‎maintaining the confidentiality and security of your account ‎and passwords; and (d) immediately ‎notifying ‎us upon any unauthorized use of your password or ‎account, or if you know of any other breach ‎of security in relation to the Services. ‎We will not be liable for any loss or ‎damage arising from any ‎unauthorized use of your ‎account(s).‎ ‎You will be solely responsible and liable for any and all loss, damage and additional costs that you, EGBC or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to promptly update your information if it changes.

EGBC is not under any obligation to verify the actual identity or authority of any person using your account or Registration Data.  EGBC may act upon any communication that is given through your account or by using your Registration Data.

EGBC may in its discretion at any time require proof of the identity of any person seeking to access and use our Services, and may deny access to and use of our Services or parts of it or refuse to accept or act upon any communication if EGBC is not satisfied with the proof.

EGBC has provided ways for you to contact us on our Website at https://www.egbc.ca/Contact. You ‎acknowledge and understand that these are the only authorized ways ‎to contact us regarding our Website and the Services. Third parties may ‎advertise or publish alternative ways to contact us or use other measures to ‎pose as EGBC. We ‎cannot verify the authenticity of any such alternative contacts, and they pose a risk of ‎fraud and other ‎malfeasance, so we strongly recommend you do not attempt to contact us using these ‎methods. EGBC is not responsible for any losses or damages related to the use of these alternative methods of contacting us.

Our Services may contain various forums, networks, and other interactive features that allow you to post, submit, publish, display, or transmit to EGBC and other users content or materials on or through the Services (“User Content”).

All User Content must comply with the following content standards: User Content must not be illegal, fraudulent, deceptive, obscene, threatening, defamatory, invasive of privacy, infringing of intellectual property rights, or otherwise injurious to third parties or objectionable, and must not consist of or contain software viruses, commercial solicitation, chain letters, mass mailings, or any form of “spam.”

Any User Content that you post will be considered non-confidential and non-proprietary, and you grant EGBC a nonexclusive, royalty-free, perpetual, irrevocable, and fully sublicensable right to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, and display such User Content to provide and improve the Services and for EGBC’s internal business purposes. Notwithstanding the foregoing, EGBC will only share personal information that you provide in accordance with EGBC’s Privacy Policy.

You represent and warrant that you own or otherwise control all of the rights to the User Content that you post; that your User Content is accurate and not fraudulent or deceptive; and that your User Content does not violate these Terms or the rights (intellectual property rights or otherwise) of any third party, and will not cause injury to any person or entity. EGBC takes no responsibility and assumes no liability for any User Content posted by you or any third party.

EGBC has the right but not the obligation to monitor and edit or remove any User Content. 

Payment Information
You agree to pay any fees applicable to your use of certain Services and ‎EGBC Content, including fees and charges applicable to your purchases, dues, or other fees owing to EGBC. We may suspend or terminate access to certain Services and EGBC Content if your offered payment method (e.g., credit ‎card) cannot be processed. By providing a payment method, you expressly authorize us and/or ‎our third party payment processor to charge the applicable fees on said payment method, as well ‎as taxes and other charges related thereto. You agree that we may charge any unpaid amounts to your provided ‎payment method and/or send you a bill for such unpaid fees.‎ If you provide a payment method and our charge results in an overdraft, chargeback, or other ‎fee from your bank, you alone are responsible for that fee.‎ If you become aware of a potential breach of security to your billing ‎information (such as credit card loss or theft), you must notify us immediately.‎ 

Modifications to Services and Pricing
We reserve the right at any time and from time to time to change, modify, add, remove, ‎suspend, cancel, or discontinue any aspect of the Services in our sole discretion. In addition, we may modify our fees from time to time. 

Refunds 
Unless prohibited by applicable law, all purchases and donations, including recurring charges, are final and non-refundable. 

You authorize EGBC to: (a) accept communications it receives ‎from you by means of our Services as if those communications had ‎been given directly by you in writing and signed by you; (b) ‎disclose your communications to EGBC’s affiliates and services ‎providers as required to provide the Services; and (c) respond to your communications through our Services, by email or other means of communication. 

Communications you send to EGBC are not effective unless and ‎until they are processed by the responsible EGBC ‎representative.  EGBC may refuse to process any communications ‎sent to EGBC, or may reverse the processing of any ‎communications sent to EGBC, at any time in EGBC’s discretion, ‎and without any notice or liability to you or any other person, ‎including if EGBC believes EGBC’s Communication Blocking Policy applies or the communication appears to be fraudulent or ‎unlawful or defective, inaccurate or incomplete due to a technical ‎malfunction. 

EGBC collects personal information and non-personal information ‎from users of our Services.  EGBC’s Privacy Policy is available ‎online: https://www.egbc.ca/website-privacy-notice. By accepting these Terms and each time you use the ‎Website, you consent to EGBC’s collection, use, disclosure and ‎retention of your information in accordance with the most current ‎version of the Privacy Policy and as otherwise permitted by ‎applicable law. ‎ ‎

EGBC endeavours to provide current and accurate information on ‎our Services, Website, and in EGBC Content, but misprints, errors, inaccuracies, omissions or other ‎errors may sometimes occur. EGBC reserves the right to: (a) ‎correct any error, inaccuracy or omission at any time without prior ‎notice or liability to you or any other person; (b) change at any ‎time our Services and any fees associated with such Services without any notice or liability to you or ‎any other person. 

While we are continually working to develop and evaluate our own Services and features, we also pay attention to the interests, feedback, comments, and suggestions we receive from our community. If you choose to contribute by sending us any ideas for services, features, modifications, enhancements, content, refinements, technologies, content offerings (such as audio, visual or other types of content), promotions, strategies, names, or any related documentation, artwork, computer code, diagrams, or other materials (collectively, “Feedback”), then regardless of what your accompanying communication may say, in order to avoid any misunderstandings the following terms will apply to the Feedback. Accordingly, by sending Feedback to us, you agree that:

1. EGBC has no obligation to review, consider, or implement your Feedback, or to return to you all or part of any Feedback for any reason;
2. Feedback is provided on a non-confidential and non-proprietary basis, and we are not under any obligation to keep any Feedback you send confidential or to refrain from using or disclosing it in any way; ‎
3. You irrevocably grant EGBC and its successors, assigns and licensees an irrevocable, non-exclusive, worldwide, perpetual, royalty-free, sub-licensable (including via multiple tiers of sublicensing), transferrable licence to reproduce, distribute, create derivative works of, modify, communicate to the public, make available, publicly display, and otherwise use and exploit the Feedback and derivatives thereof for any purpose and without restriction, free of charge and without attribution of any kind, including by making, using, selling, offering for sale, importing, and promoting commercial products and services that incorporate or embody Feedback, whether in whole or in part, and whether as provided or as modified; 
4. You have been deemed to have warranted to us that you have or own all the necessary legal rights to submit such Feedback and grant us (and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns) the licence to the Feedback, and that the Feedback does not and will not violate any law or the intellectual property, privacy, publicity, or other rights of any person; and
5. You waive any moral rights or other rights of authorship in and to any Feedback in favour of EGBC, including any rights you may have in the altered or changed Feedback even if it is no longer ‎agreeable to you.

Our Services may contain links to third-party websites, applications or resources (collectively, “Third-Party ‎Services”). These links are provided for your convenience and information only. Such links should not be ‎interpreted as approval or endorsement by us of those Third-Party Services or the information you may ‎obtain from them. We make no representations about any Third-Party Services that may be accessed ‎from or through our Website, nor do we have any control over the contents of those Third-Party ‎Services. Your use of Third-Party Services and ‎your dealings with the owners or operators of Third-Party Services is at ‎your own risk. We are not ‎liable or responsible for any consequences, losses, harm or damages that may arise from your access or ‎use of any Third-Party Services, including, without limitation, your purchase or use of, or access to, ‎goods, services, resources, content, educational offerings, or any other transactions made in connection with any Third-Party ‎Services. We encourage you to review carefully the terms, policies and practices of such Third-Party ‎Services and ensure you understand them before you engage in any transaction. Complaints, claims, ‎concerns or questions regarding third-party products, services, websites, applications or resources ‎should be directed to the third-party provider, owner or operator thereof.

The services, website, and EGBC content are provided on an “as is”, “as available” and ‎‎“with all faults” basis, without any representations, ‎warranties, conditions or guarantees of any nature or ‎kind whatsoever, whether express, implied or statutory, ‎or arising from custom or trade usage or by any course ‎of dealing or course of performance, including any ‎representations, warranties, conditions or guarantees ‎of or relating to accuracy, accessibility, availability, ‎completeness, durability, errors, fitness for a particular ‎purpose, merchantability, non-infringement of third ‎party rights, lack of viruses or other disabling or ‎harmful code, performance, quality, results, suitability, ‎security, timeliness, title, ‎uninterrupted service, or workmanlike effort, all of ‎which are hereby waived by you and disclaimed by EGBC ‎to the fullest extent permitted by law.  You are solely ‎responsible and liable for the selection and use of the ‎services and the EGBC content to achieve your intended ‎results.
 
EGBC does not promise that the services, website, or any of the EGBC ‎content will be error-free, uninterrupted or secure, ‎that any defects will be corrected, or that your use of ‎the services will produce specific results.  You use the ‎services at your own risk.  If you are dissatisfied with the ‎services, website, or any of the EGBC content, your sole remedy is to ‎cease using the services. You are solely responsible for obtaining, provisioning, ‎configuring, maintaining, paying for, and protecting ‎from loss and damage, all equipment, software and ‎services (and all data contained therein) necessary for ‎your use of the services.

Except to the extent such exclusions or limitations are prohibited by law, under no circumstances will EGBC, our affiliates, and our and their respective directors, officers, employees, contractors, agents or successors ‎‎(collectively, the “EGBC parties”) be liable (jointly or ‎severally) to you or any other person for any direct, indirect, special, incidental, ‎consequential, punitive, or ‎exemplary damages, or any other damages or losses whatsoever, including damages for personal injury, pain and suffering, emotional distress, or loss of ‎profits, savings, revenues, goodwill, opportunity, earnings, use or data, arising directly or indirectly from or related to these terms, the website, the EGBC content or any of the services, whether based on tort ‎‎(including negligence), breach of contract or other theory of ‎liability, even if any of the EGBC parties have been ‎advised of the possibility of or could have reasonably foreseen any such damages or losses, and irrespective of any ‎failure of an essential purpose of a limited remedy.

Strictly to the extent that the foregoing paragraph does not apply to you, in ‎‎the event that ‎for any reason required under applicable law we are liable to ‎‎you in any manner, in no event ‎shall the EGBC parties’ maximum aggregate ‎‎liability arising out of or in any way related ‎to these terms, or your access to ‎and ‎use of the website, the EGBC content, or any of our services, exceed the lesser of (a) cad $100.00, or (b) ‎the amount actually received by us from the transactions involving the ‎services that are the subject of the claim.‎

To the maximum extent permitted by applicable law, you agree, at your sole cost, to defend, indemnify, ‎and hold harmless ‎the EGBC Parties from and against any and all claims, actions, proceedings, ‎causes of action, demands, debts, liabilities, damages, judgments, awards, losses, fines, penalties, ‎charges, costs and expenses (including legal fees and expenses on a solicitor and own client basis) of any kind and character ‎whatsoever incurred by such EGBC Parties‎, including any amount paid to settle any such action or to ‎satisfy a judgment, arising out of or relating to: (a) access to or use of, or activities in connection with, ‎our Website, the EGBC Content or any of our Services, by you or permitted by you; (b) your User Content; or (c) any of your acts or omissions, ‎including your breach or non-performance of these Terms or your illegal or otherwise wrongful conduct, including violation of any third party’s rights in connection with these Terms, our Website, the EGBC Content, or any of our Services ‎(all of the foregoing, “Claims and Losses”).  ‎You will cooperate as fully required by us in the defense of any Claims and Losses. We reserve the right to participate in the defense of any Claims and Losses with counsel of our own choosing, at our own cost. ‎We reserve the right to assume the exclusive defense and control of any Claims and Losses at our own ‎cost. You will not settle any Claims and Losses without, in each instance, our prior written consent or the ‎consent of an individual whom we authorize, in writing, to approve such settlement.‎  

EGBC has the right to terminate your access to all or part of the Services for any or no reason, including without limitation, any violation of these Terms. EGBC may exercise these rights at any time, without notice or liability to you or any third party.

These Terms will be governed by the laws of the Province of British Columbia and the laws of Canada ‎applicable therein, without giving effect to any choice or conflict of law provisions or rules. ‎You and we agree that the UN Convention on Contracts for the International Sale of ‎Goods (Vienna, ‎‎1980) will not apply to these Terms, the Services, or to any dispute or ‎transaction arising out of these ‎Terms or the use of the Services.

Interpretation
In these Terms, (a) the captions and headings are for convenience only and do not ‎constitute substantive ‎matter and are not to be construed as interpreting the contents of these Terms; (b) the words “including” and “includes”, the phrase “such as”, and similar words and phrases, when following a ‎general statement or ‎term (whether or not non-limiting language such as “without limitation” or “but ‎not limited to” or other words ‎of similar import are used with reference thereto), is not to be ‎construed as limiting, and the word “or” ‎between two or more listed matters does not imply an ‎exclusive relationship between the matters being ‎connected; and (c) all references to our Website or other Services will also ‎include any successor or replacement applications, ‎websites, content, products or services containing substantially similar information as the ‎referenced Website or Services or any part thereof.‎

Entire Agreement
As amended, these Terms, including our Privacy Policy and any other agreements between you and us related to the provision of specific Services, constitute the entire agreement and understanding between you and us with respect to the matters referred to in these Terms and your access to and use of our Website and other Services, and supersede and replace any prior or contemporaneous agreements, communications, understandings and proposals, whether oral, electronic or written, between you and us with respect to such matters (including any prior versions of the Terms). 

Assignment and Enurement
We may at any time assign our rights and obligations under these Terms, in whole or in part, without ‎notice to ‎you. You may not assign these Terms, or any of your rights or obligations hereunder, without our prior written consent. These Terms will ‎enure to the benefit ‎of and bind you and us and our respective personal and legal representatives, ‎successors and permitted ‎assigns.‎

No Waiver
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. Neither the course of conduct between you and us nor trade practice shall act to modify any provision of ‎these Terms. Our rights, powers and remedies in these Terms, including the right to ‎suspend, restrict or terminate your access to any portion of our Website or Services, are cumulative and in addition to ‎and not in substitution of any right, power or remedy that may be available to us at law or in equity.‎

Severability
In the event that any provision of these Terms is determined to be invalid, illegal or unenforceable, in whole or in part, in any jurisdiction, such provisions shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms. Such determination shall not invalidate or render unenforceable such provision or part thereof in any other jurisdiction or affect the validity or enforceability of any other provisions hereof, which will continue in full force and effect.

Survival
All provisions that, by their meaning or nature, are intended to survive termination or expiry of these Terms shall survive termination or expiration of these Terms.

Notifications
We may provide you with notifications via email, in hard copy or through conspicuous posting of such notice on our Services, as we may determine in our sole discretion.

Relationship
You agree that no joint venture, partnership, employment, or agency relationship exists between you and us as a result of these Terms or your use of our Website or Services.

Social Networks
If at any time our Website include features that operate in conjunction with certain third party ‎social networking websites that you visit (“Social Network Features”), your use of the Social Network Features is ‎governed by these Terms, but your access and use of third party social networking websites and the services provided through these websites is governed by the terms and conditions and other ‎agreements posted on these websites. You agree that you alone are responsible for your use of ‎the Social Network Features and that we will not be liable to you or anyone else for your ‎violation or breach of any terms and conditions or other agreement that may result from your use of the ‎Social Network Features.‎

Force Majeure
We will not be liable for delays, failures in performance, or interruptions of our Website or Services that result directly or ‎indirectly from any cause or condition beyond our reasonable control, including any delay or failure due to any act of God, act of civil or military authorities, act of terrorism, ‎civil disturbance, war, state of emergency, pandemic, epidemic, outbreak of illness or disease, declaration of public health emergency, strike or other labor dispute, fire, earthquake, natural disaster, interruption in telecommunications or internet ‎services or network provider services, failure of equipment and/or software, or other catastrophe.‎

Questions and Concerns 
If you have any questions or concerns about these Terms, our Website, or ‎Services, please see the ways to contact us found on our Website at https://www.egbc.ca/Contact.