Terms

Terms of Use Agreement

EffectiveDate: October 3, 2021

Welcome to the websites and online services of Omni Channel Limited. ("Omni Channel," "OmniCollar,""we," or "us"). This Terms of Use Agreement (this Agreement) is a legal contract between Omni Channel and yourself(referenced herein with you or with your), which governs your use of and/or access to our Services (defined below).

This agreement applies to all persons and entities who visit, use or access any of the Services (Users). By accessing or using the Services, you signify that you have read, understood and agree to be bound by the terms and conditions of this Agreement, whether or not you are a registered user, partner, or customer of the Services. If you are accepting on behalf of your employer or another entity, you represent and warrant that you have the full legal authority to enter into this Agreement on behalf of such employer or other entity and are able to bind such employer or other entity to the terms and conditions of this Agreement. This Agreement incorporates the OmniCollar Privacy Policy and any other Specific Terms of Service (defined below) as applicable.

We reserve the right to amend this Agreement (including the Privacy Policy and any specific Terms of Service) at any time by notifying you as provided in this agreement. Your continued use of the Services after any such change constitutes your acceptance of the revised Terms of Use. If you do not agree to any of these terms of this Agreement, you are not permitted to use or access (or continue to access), the Services.

Certain features of the Services may also have their own specific terms and conditions that you agree to when you sign up for that particular product, function, or service (Specific Terms of Service).

Which Services are Covered by this Agreement?

This Agreement applies to your interactions with OmniCollar through the following mechanisms, which are collectively referred to as the Services:

  • On OmniCollar Websites or through an OmniCollar mobile application.
  • Through email, SMS, chat or other online communications between you and OmniCollar.
  • When you sign up for OmniCollar job alerts on a third-party website where OmniCollar is a co-controller with the website operator insofar as it concerns the registration for job alerts and/or an OmniCollar job seeker account.
  • When you interact with an OmniCollar job search widget and/or banner and/or link contained in Job Advertisements that are located on a third-party website, where the third parties have hired OmniCollar to provide services to the third party and your interaction brings you to an OmniCollar Website.

1. USE OF THE SERVICES

By using the Services, you acknowledge that we do not have control over the quality, accuracy, completeness, veracity or legality of content provided by third parties. In addition, you acknowledge that we do not have control over the integrity, responsibility or actions of Job Seekers or Clients.

A. Eligibility

You must be at least eighteen (18) years of age or the age of majority in the jurisdiction in which you reside to use the Services so that you can form a binding contract with OmniCollar. If you are under the age of eighteen (18)or the age of majority, and you are permitted to work in the jurisdiction in which you reside, you represent that a parent or legal guardian has reviewed and agrees to this Agreement on your behalf. You may not use the Services if your use of the Services has been previously terminated or suspended by OmniCollar, unless we have provided you with specific written authorization to re-use theServices.

For residents of Canada: The Services are not offered in the provinceof Quebec, or in respect of the hiring, employment, or offer of employment, ofany employee in the province of Quebec. For further clarity, the provision ofthe Services and any employment or other relationship of a user of the Servicesshall not be governed by Quebec law. Pour les rsidents canadiens: les Servicesne sont pas offerts dans la province de Qubec, incluant en ce qui concerne lerecrutement, lemploi ou loffre demploi de tout employ dans la province deQubec. Pour plus de prcisions, la prestation des Services, et toute relationdemploi ou autre relation dun utilisateur des Services ne seront pas rgiespar les lois qubcoises.

By using the Services, you expressly acknowledge, agree and request that this document, and all related documents, be expressed in the English language.

B. Contact with You by Telephone or SMS

When using specific Services, we may ask for your consent to contact you by telephone, including by SMS. By granting such consent, you authorize OmniCollar to contact you by telephone at the number(s) you have provided and acknowledge that OmniCollar may do so using an automatic telephone dialling system or an artificial or prerecorded voice (to the extent permitted by the laws of the jurisdiction where you reside).

You may revoke consent to be contacted by telephone by emailing unsubscribe@omnicollar.com and including the wording "Revocation of Telephone Consent" in the subject line. To stop receiving SMS messages from OmniCollar, you may replySTOP to any SMS message you receive. Consent to being contacted by telephone is not required as a condition of using the Services or of purchasing any other property, goods, or services from OmniCollar.

You agree that we may but are not obligated to, monitor or record any of your telephone conversations with us for quality control purposes, for training our employees and for our own protection. You acknowledge that not all telephone lines or calls are recorded by us and that we do not guarantee that recordings of any particular telephone calls will be retained or are capable of being retrieved.

C. Contact with You by Email

By providing OmniCollar with your email address, you consent to our using the email address to send you Service-related and other non-commercial notices, including any notices required by law, in lieu of communication by postal mail. We may also use your email address to send you other messages, such as changes to features of the Service and special offers (to the extent permitted by the laws of the jurisdiction where you reside). If you have consented to receive email job alerts or marketing communications from us, we will send you such communications until you opt-out. If you do not want to receive job alert emails and/or marketing communications from us, you may opt-out or change your preferences in your Account page or by following the opt-out and/or unsubscribe instructions in the email message, or by requesting to be opted-out by emailing: unsubscribe@omnicollar.com.Please note that opting out may prevent you from receiving email messages regarding updates, improvements, or offers.

Please note, that while you can opt-out of marketing messages and email job alerts, you cannot opt-out of service-related communications, including those related to security, legal notices, your account, your use of our Services, billing, and other transactional purposes unless you deactivate your account and stop using our Services.

D. User Accounts

The information in this section applies to all User accounts. If you sign up and/or create an account with OmniCollar (in accordance with Section 7C section 8 below), you may control your profile information and how you interact with the Services by changing the settings on your Settings page. When creating your account or uploading information to the Services through your account, you represent and warrant that you will provide accurate and complete information. You are solely responsible for the activity that occurs under your account. You are expected to use "strong" passwords (passwords that use a combination of upper and lowercase letters, numbers and symbols) with your account.

You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that your account is personal to you and you agree not to provide any other person with access to the Services using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You understand that even if you notify us, you will be totally responsible for all activities that occur under your account. You also agree to ensure that you log out from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or another identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms of Use.

By connecting to the Services using a third-party service, you give us permission to access and use your information from that service as permitted by that service, and to store your log-in credentials for that service. For example, if you access the Services through a social networking site, you agree that OmniCollar can access, store, and make available on the Services, any information and data that you provide in your applicable social networking site account such that the same information is available in your OmniCollar account. You agree that we are not liable for any personal data that is made available to us in violation of your privacy settings with the applicable social networking site.

OmniCollar may suspend or terminate your account and/or your access to the services, or any portion of the Services at any time without notice to you, for any reason, including if in our sole discretion we determine that you have violated the terms of this Agreement (including in accordance with Section 1Eand/or 6F below). Upon any such termination, all the provisions of this agreement shall continue to survive except for any provisions that grant you access to any of the Services. You agree that we will have no liability to you for any termination or suspension of your access to the Services or your account, or the deletion of information contained within such account.

E. General Rules for Use of Services

You agree not to engage in any of the following prohibited activities: (i)copying, distributing, or disclosing any part of the Services in any medium,including without limitation by any automated or non-automated"scraping"; (ii) using any automated system, including withoutlimitation "robots," "spiders," "offlinereaders," etc., to access the Services in a manner that sends more requestmessages to the OmniCollar servers than a human can reasonably produce in thesame period of time by using a conventional on-line web browser (except that OmniCollargrants the operators of public search engines revocable permission to usespiders to copy materials from OmniCollar.com for the sole purpose of, andsolely to the extent necessary for, creating publicly available searchableindices of the materials, but not caches or archives of such materials); (iii)transmitting spam, chain letters, or other unsolicited communications; (iv)attempting to interfere with, compromise the system integrity or security ordecipher any transmissions to or from the servers running the Services; (v)taking any action that imposes, or may impose, as determined in our solediscretion, an unreasonable or disproportionately large load on ourinfrastructure; (vi) uploading invalid data, viruses, worms, or other softwareagents through the Services; (vii) collecting or harvesting any personallyidentifiable information from the Services, except as expressly permitted bycertain features of the Services; (viii) using the Services for any commercialsolicitation purposes; (ix) impersonating another person or otherwisemisrepresenting your affiliation with a person or entity, conducting fraud,hiding or attempting to hide your identity; (x) interfering with the properworking of the Services; (xi) accessing any content on the Services through anytechnology or means other than those provided or authorized by the Services;(xii) bypassing the measures we may use to prevent or restrict access to theServices, including without limitation, features that prevent or restrict useor copying of any content or enforce limitations on use of the Services or thecontent therein; (xiii) disclosing or sharing login credentials; (xiv) reverseengineering or decompiling any parts of the Services; (xv) frame or link to anyinformation or content on the Services; (xvi) post or submit any inaccurate,incomplete, or false biographical information or another persons information;or (xvi) post or submit any material that is unlawful, illegal, defamatory,offensive, discriminatory, threatening, or obscene as determined by OmniCollar.

We may, without prior notice, change any aspect of the Services; stop providing the Services or features of the Services; or create usage limits for the Services (for paid products and services). If any such change, cessation or limitation of the Services materially and adversely affects you, then you may terminate the Services on written notice to us. In the event of such termination, you will receive a pro-rata refund of any pre-paid fees pertaining to Services paid for, but not provided, for the balance of the applicable term of your then-current subscription plan. We may permanently or temporarily limit, condition, terminate or suspend your access to the Services or any features thereof, including if in our sole determination (acting reasonably) you breach or violate any provision of this Agreement, commit fraud or other abuse using the Services.

You are solely responsible for your interactions with other OmniCollar Users. We reserve the right, but have no obligation, to monitor disputes between you and other Users. OmniCollar shall have no liability for your interactions with other Users, or for any User's action or inaction. OmniCollar shall have no obligation to you to enforce this Agreement against any other User.

If you use on any Website, a calculator that estimates unemployment insurance benefits, you agree to the following: (a) the calculator gives an estimate only and is not intended as legal advice, (b) the calculator does not guarantee that you will be eligible for benefits or a specific amount of benefits, (c) you must file an Unemployment Insurance claim with your state to find out if you are eligible and learn your actual benefit amount, and (d) we are not liable for any loss or damages caused by using this calculator.

F. Use of Salary Data

The provisions of this Section apply to your access to any salary data through the Services. You agree that third parties from whom we obtain salary data included in the Salary Data Displays (defined below), including, without limitation, ADP, LLC, are third party beneficiaries of all provisions of this section and as a result shall have the right to enforce the provisions of thisSection against you. As used in this Section, Salary Data Display means a report, histogram or other display generated in response to a query posed by you on our platform that incorporates in whole or in part, salary data. You understand that you will be restricted to no more than five (5) salary data searches in any rolling thirty (30) day period unless you create an account on our platform.

We hereby grant to you (i) a revocable license to access Salary DataDisplays, and (ii) a perpetual license to use Salary Data Displays, in each case, solely for your personal or internal use, as applicable, and subject to, and revocable immediately by us, in the event of your breach of any of the provisions of this Section, including the restrictions on the use of the SalaryData Display set forth in this Section, or your confidentiality obligations set forth in Section 16.G. of this Agreement. You agree to use the salary data and salary Data Displays in accordance with all applicable laws, and you agree that you will not, under any circumstances, disclose, otherwise give third party access to, reproduce, distribute, resell, transfer, copy, make available or create derivative works of, or use other than for your own personal or internal purposes, as applicable, the Salary Data Display or outputs from the SalaryData Display.

Without limiting the generality of the foregoing or the provisions of section 13 of these Specific Terms of Service: (I) SALARY DATA AND SALARY DATA DISPLAYS ARE PROVIDED ON AN AS IS, AS AVAILABLE BASIS; (II) ANY USE OR RELIANCE UPON ANY PORTION OF THE SALARY DATA AND SALARY DATA DISPLAYS SHALL BEAT YOUR OWN RISK. TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE AND ANY THIRD-PARTY PROVIDERS OF SALARY DATA HEREBY EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, WITH RESPECT TO THE SALARY DATA OR SALARY DATA DISPLAYS, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF ACCURACY, COMPLETENESS, CORRECTNESS, QUALITY, OR FITNESS FOR A PARTICULAR PURPOSE, AND (III) NEITHER WE NOR ANY THIRD-PARTY PROVIDER OF SALARY DATA SHALL BE LIABLE FOR ANY LOSS, COST OR DAMAGE SUFFERED OR INCURRED BY USE BY YOU OF THE SALARY DATA AND SALARY DATA DISPLAYS.

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