LWTL Media Inc. (“LWTL Media”) owns the Website and such services and applications, or contracts with third parties to provide them to you. LWTL Media serves only as the platform provider, and any communication, hiring, or other decisions are solely those of the Employer, Job Seeker, or Candidate (as those terms are defined below) and not LWTL Media.
In consideration for your right to access and use the Website, you agree to the terms and conditions set out below.
As used in this Agreement, “you” means (and “your” refers to) the user of the Services, “we” means (and “us”, “our”, and “ours” refer to) LWTL Media, and “Services” means any and all services and products that are made available on or through the Website, unless otherwise provided herein. The effective date of this Agreement is when you accept it, in accordance with the terms and conditions that are set out below.
IMPORTANT! YOUR ACCESS TO ALLTOURAGE AND THE SERVICES IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE YOU PROCEED. ACCESSING AND USING THE SERVICES IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, DO NOT USE THE SERVICES.
You can view, print, download or save this Agreement at any time, under the “Terms of Service” link that appears on the Website.
Part 1 - Job Seekers
Part 1 applies only to a Job Seeker or Job Seekers (as those terms are described below in this Part). As used in this Part, "you" means (and "your" refers to) a Job Seeker, or Job Seekers, as the case may be.
Ready for a change? Alltourage is a platform that provides an opportunity for job seekers to explore jobs, apply easily, and launch their careers, today. Through the platform, Alltourage offers employers ("Employers"), human resource managers, referral sources ("Referrers"), candidates ("Candidates") and job seekers ("Job Seekers") tools to connect so that Job Seekers and Employers can be matched to potential opportunities.
To access certain Services, including the ability to upload a resume, to tell Employers why you'd be a great fit, and to add additional details about yourself, your targeted type of employment and compensation, you need to register for an account.
To register, you must sign up and create an Alltourage account using the Website. This requires you to submit certain information, including your name, email address and a password. There will also be options for you to include additional information about yourself that is associated with your account, including the information described above. Additionally, you may choose to self-identify demographic diversity traits, including, but not limited to, race, ethnicity, gender, age, and sexual orientation ("Traits").If you choose to self-identify Traits, these Traits will only be visible to Alltourage administrators via database-driven analytics. They will not be shared directly with Employers, unless you choose to do so, or with your prior consent.
In registering, you agree to provide accurate, current, and complete information about yourself and update it as necessary.
Part 2 - Employers
Part 2 applies only to Employers, including their human resource managers (each, an "HR Manager"). As used in this Part, "you" means (and "your" refers to) an Employer, or HR Manager, as the case may be.
Alltourage helps Employers generate leads for diversity and inclusion candidates for job postings. If you’re an Employer, you can sign up for an account and use Alltourage to post job postings and seek candidates through the platform’s network of Referrers and Candidates. Once you are registered for an account, you will be able to browse Job Seekers on the Service and be referred Candidates through Referrers.
YOU UNDERSTAND THAT ALLTOURAGE DOES NOT INQUIRE INTO THE BACKGROUNDS OF ITS USERS OR ATTEMPT TO VERIFY THE STATEMENTS OF ITS USERS. YOU AGREE TO CONDUCT ANY BACKGROUND CHECKS, REFERENCE CHECKS, OR OTHER DUE DILIGENCETHAT YOU MAY REQUIRE BEFORE ENGAGING ANY CANDIDATE.
Alltourage may from time to time offer the ability for Employers to order a background check on Job Seekers through a third party application programming interface or service provider ("Background Check"). These Background Checks are subject to the terms set out in Section 3 below, and the terms and conditions of this Agreement.
In registering and creating job postings, you agree to provide accurate, current, and complete information about organization and posted employment opportunities, and update that information as necessary.
You also agree that you will only cause job postings to be forwarded by Referrers with whom you have an “existing business relationship”, an “existing non-business relationship”, a “personal relationship” or a “family relationship”, as those terms are defined in the statute known as An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada) (“CASL”):
Further, you will not use the Services to send to a Candidate any information that is not related to the job posting, without the Candidate’s consent.
Part 3 - Referrers
Part 3 applies only to Referrers. As used in this Part, "you" means (and "your" refers to) a Referrer.
Referrers are people who sign up for accounts and are able to refer job postings to personal acquaintances who they believe may be a good fit for the position.
In registering as a Referrer, you agree to provide accurate information about yourself, and to provide accurate information about how you know the person you are referring, and your relationship to that Candidate.
You also agree that you will only forward job postings to Candidates with whom you have an “existing business relationship”, an “existing non-business relationship”, a “personal relationship” or a “family relationship”, as those terms are defined in CASL and are summarized above. Further, you will not use the Services to send to a Candidate any information that is not related to the job posting, without the Candidate’s consent.
Part 4 - Candidates
Part 4 applies only to Candidates.
Candidates are personal acquaintances who receive referrals to job postings from referrers, and who can use Alltourage to learn more about specific opportunities.
If you choose to apply to a job through a referral, as a Candidate, you agree to provide accurate information about yourself. If you are a Candidate who wishes to register for an account, you will be subject to the terms applicable to Job Seekers, above, and to the general terms and conditions applicable to all users.
Part 5 - General Terms and Conditions
Part 5 applies to all users of the Website.
We reserve the right to refuse registration of accounts, or to cancel any existing accounts, that we deem to be inappropriate, in our sole discretion. If you use the Services, you are solely responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activity that occurs under your account. We are not responsible for updating your account. When you provide information to us, you represent and warrant that you have legal authority to do so. In particular, you represent and warrant that: you are entitled to submit the information to us; the information is accurate; and the information is not confidential, in violation of any contractual restrictions or third party rights.
We provide you with the opportunity to connect with other Alltourage users for job opportunities, but you are ultimately responsible for your decision to pursue a particular opportunity or connect with a potential Employer or Referrer. We take no part in any communication you have with other users, and we are not responsible for, or a party to, any agreements you may enter into with such users, including, but not limited to, employment, independent contractor, or other agreements.
Some of the Services you to provide basic information about yourself and may require you to let us share some of this information with others, such as potential Employers, so that they can have the opportunity to connect with you and review your suitability as a candidate for their position.
As part of its delivery of Services, Alltourage may from time to time offer the ability for Employers to order a Background Check on Job Seekers through a third party application programming interface or service provider. Currently this service is only offered to Canadian users.
If you are a Job Seeker or Candidate, you consent to Employers using this service to conduct one or more Background Checks on you. If you do not consent to having a Background Check conducted on you, your option is to not use the Services.
If you are an Employer, you are solely responsible for ensuring your use of Background Checks complies with all applicable laws, including consumer protection and privacy laws which require consent from the Job Seeker or Candidate. Please be advised that, depending on the nature of the Background Checks, additional consent from and disclosure to the Job Seeker or Candidate may be required.
ALL BACKGROUND CHECKS ARE CONDUCTED AND PROVIDED BY THIRD PARTIES. ALLTOURAGE SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, COMPLETENESS, CORRECTNESS, TIMELINESS OR USEFULNESS OF BACKGROUND CHECKS OR THE SUITABILITY OF ANY CANDIDATE OR JOB SEEKER. YOUR USE OF BACKGROUND CHECKS IS SUBJECT TO ANY TERMS AND CONDITIONS OF THE THIRD PARTY SERVICE PROVIDER(S) WHO PROVIDE THAT SERVICE.
When you visit the Website, use the Services or send email to us, you are communicating with us electronically. You consent to receive communications from us electronically. We will communicate with you by email or by posting notices on the Website. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
We may revise this Agreement, at any time, by updating this posting. We may provide notice to you of such revisions by means of a general notice on the Website. Your continued use of the Services after such revisions are posted will signify your agreement to these revised terms. Therefore, you should visit this page periodically to review this Agreement.
Our Content: Except for Your Content (which is discussed below), all materials displayed or otherwise accessible on the Website, including, without limitation, text, photographs, images, illustrations, graphics, icons, code (collectively, "Our Content") and the selection and arrangement of Our Content on the Website are protected by copyright, pursuant to Canadian copyright laws, international conventions and other copyright laws. We either own the intellectual property rights, including copyright, or have acquired the necessary rights or licences, in Our Content. Portions of Our Content may have been licensed to us or published on the Website by third parties. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the Website or Our Content, whether in whole or in part, without our express written permission, is strictly prohibited. The display of Our Content does not imply that you have been granted a license by us or other entities with respect to it.
Trademarks: Certain words, phrases, names, designs or logos on the Website may constitute trademarks, services marks, or trade names that are owned by us or others. The display of such marks on the Website does not imply that you have been granted a licence by us or others with respect to them.
If you believe in good faith that any material that is made available on the Website infringes your copyright, or if you have any other complaints about your use of the Services, please contact us at firstname.lastname@example.org. You can also contact us if another Member provides content or otherwise uses the Services in a way that you find objectionable. While we are not responsible for how others use the Services, we will make commercially reasonable efforts to make your use of the Services enjoyable.
Subject to the terms and conditions of this Agreement, you are granted a limited personal, non-exclusive, non-transferable, revocable license to access, view and use the Website, including a limited license to download, print and store single copies of Our Content from the Website, for your personal use, provided that you maintain all copyright and other notices contained in such items and you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, in the Website. Our Content must not be reproduced, republished, or disseminated in any manner or form without our prior written consent or the prior written consent of the third parties from which such information was collected, as the case may be.
Any person who is found or reasonably suspected to have violated the rules of conduct provided above may be barred from using the Website, in our sole discretion, and may be subject to other legal remedies.
Storage or Deletion of Content: You agree that we have no responsibility or liability for the deletion of, or the failure to store or to transmit, any information maintained by us, including, without limitation, Your Content and Our Content. We will provide you access to Your Content, through your use of your account, but we are not responsible for copying, extracting or otherwise transferring Your Content to you.
Limits on Storage: We retain the right to create limits on use and storage, at our sole discretion, at any time, with or without notice.
Our Access to Stored Content: We also reserve the right to access, read, preserve, and disclose any information as we reasonably believe is necessary, including, without limitation, Your Content, to: (a) satisfy any applicable law, regulation, legal process or governmental request; (b) enforce this Agreement, including investigation of potential violations hereof; (c) detect, prevent, or otherwise address fraud, security or technical issues; (d) respond to user support requests; or (e) protect our rights, property or safety, our users or the public. We will not be responsible or liable for the exercise or non-exercise of our rights under this Agreement.
We may make customer service features available to you, as a courtesy only. We are not obliged to provide customer service to you and our decision to do so shall not create an obligation to provide additional customer service to you.
No Endorsement or Responsibility: In addition to offering you access to job listings, potential employers, referral sources, Candidates, and Job Seekers, the Website may include links to other websites, solely as a convenience to users. We do not endorse any users, linked websites or the information, material, product, services or opportunities created by, listed in, or contained on linked websites or accessible through other users or linked websites. We make no express or implied warranties with regard to the information, material, product, services, or opportunities that are contained on or accessible through other users and linked websites.
Linking to the Website: Please request permission to link to the Website prior to linking to the Website. We reserve the right to cancel and revoke any permission we may give to link to the Website at any time, for any reason, without any notice, and without any liability to you or any other person.
NO WARRANTY: EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, WE DO NOT MAKE OR GIVE ANY REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, WHETHER EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, WARRANTIES AS TO UNINTERRUPTED OR ERROR FREE TRANSACTIONS, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE.
Use at Your Own Risk: Access to the Services is provided "as is" and without warranties of any kind, either express or implied. By accessing and using the Services, you acknowledge and agree that it is entirely at your own risk. We are not responsible for your reliance on the Services. While we try to keep the Services available without interruption, we are not responsible for ensuring the Services are available or that they will convey information to anyone, on your behalf.
Agreements and Interaction with Users: Alltourage allows you to connect with other users for the purposes of employment or other opportunities. WE ARE NOT A PARTY TO ANY RELATIONSHIPS OR AGREEMENTS YOU MAY HAVE WITH OTHER USERS, AND AS SUCH, YOU ARE SOLELY RESPONSIBLE FOR ALL AGREEMENTS AND ARRANGEMENTS YOU ENTER INTO, AND INTERACTION YOU HAVE, WITH OTHER USERS, INCLUDING, BUT NOT LIMITED TO: (A) SUITABILITY FOR A PARTICULAR PURPOSE; (B) ACCURACY OF DATA OR INFORMATION; AND (C) ANY CONDUCT OF ANY OTHER USER. YOU AGREE THAT YOU WILL HAVE NO RECOURSE OR REMEDY AGAINST US, EXCEPT AS EXPRESSLY SET OUT IN THIS AGREEMENT. WE DO NOT CONDUCT BACKGROUND OR REGISTRY CHECKS ON OTHER USERS OR VERIFY ANY STATEMENTS THEY MAKE. BACKGROUND CHECKS AVAILABLE TO EMPLOYERS THROUGH THIS PLATFORM ARE CONDUCTED BY THIRD PARTIES. BY USING THIS THIRD PARTY SERVICE YOU ACKNOWLEDGE AND AGREE THAT ALLTOURAGE IS NOT RESPONSIBLE FOR THE ACCURACY, COMPLETENESS OR SUITABILITY OF ANY BACKGROUND CHECK. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS ABOUT, AND DO NOT GUARANTEE, AND YOU AGREE NOT TO HOLD US RESPONSIBLE FOR: (D) THE QUALITY, SAFETY OR LEGALITY OF ANY JOB SEEKER, CANDIDATE, REFERRAL OR JOB POSTING; (E) THE QUALIFICATIONS, BACKGROUND OR IDENTITIES OF JOB SEEKERS AND CANDIDATES WHETHER REFERRED OR NOT; (F) THE ABILITY OF JOB SEEKERS AND CANDIDATES TO PERFORM THE DUTIES OF ANY JOB; (G) THE ABILITY OF EMPLOYERS TO PAY FOR ANY JOB DUTIES PERFORMED BY A JOB SEEKER OR CANDIDATE; AND (H) THE QUALITY OF ANY REFERRAL MADE THROUGH THE SERVICES.
You agree to take whatever precaution is reasonably necessary, when you interact with, communicate with, or enter into agreements or arrangements with other users, whether through the Alltourage platform, or in person.
Third Party Information: We are not responsible for any materials or information on the Website or any linked website that you may find offensive, undesirable or objectionable. Further, we specifically disclaim any responsibility or liability for the accuracy, completeness, correctness, timeliness or usefulness of third party information.
Third Party use of Your Content: Be aware that information you share on your profile and resume will be available to others. We are not responsible for what others do with Your Content, once you post it on your account and share it with another user.
Verification: We are not responsible for verifying your identity, the identity of anyone who uses your account, or the identity or legitimacy of any other user, posting, resume, or profile.
No Endorsement: Alltourage does not endorse and user or any job opportunity. Users are required by this Agreement to provide accurate information, and although Alltourage may undertake additional checks and processes designed to help identify or check identities, backgrounds, or information about users, at our sole discretion, we do not make any representations about, confirm, or endorse any user, the user's purported identity, Traits or background, or information they provide.
THIS SECTION LIMITS OUR LIABILITY TO YOU AND PROVIDES FOR A RELEASE AND AN INDEMNITY, FROM YOU, IN FAVOUR OF US. PLEASE READ IT CAREFULLY.
LIMITATION OF LIABILITY: UNDER NO CIRCUMSTANCES SHALL YOU BE ENTITLED TO RECOVER ANY SPECIAL, INCIDENTAL, CONSEQUENTIAL OR INDIRECT DAMAGES FROM US, ARISING DIRECTLY OR INDIRECTLY FROM: (A) ANY BREACH OF THIS AGREEMENT, FUNDAMENTAL OR OTHERWISE; OR (B) ANY OF OUR NEGLIGENCE, ACTS OR OMISSIONS; OR (C) ANY PROVISION, DUTY OR REQUIREMENT OF ANY STATUTE; OR (D) THE CONDUCT, ONLINE OR OFFLINE, OF ANY USER, OR (E) ANY DUTY AT LAW OR IN EQUITY. UNDER NO CIRCUMSTANCES SHALL OUR LIABILITY TO YOU FOR DIRECT DAMAGES YOU SUFFER ARISING OUT OF, RELATED TO OR CAUSED BY THIS AGREEMENT OR YOUR USE OF THE WEBSITE OR THE SERVICES EXCEED A MAXIMUM AMOUNT EQUAL TO THE AMOUNT ACTUALLY PAID BY YOU TO US. YOU ACKNOWLEDGE THAT THESE LIMITATIONS OF LIABILITY CONTAINED IN THIS SECTION 14 REFLECT THE ALLOCATION OF RISK SET FORTH IN THIS AGREEMENT AND THAT WE WOULD NOT ENTER INTO THIS AGREEMENT WITHOUT THESE LIMITATIONS ON LIABILITY.
RELEASE: EXCEPT AS SET OUT IN THIS SECTION 14, YOU AGREE TO RELEASE, REMISE, ACQUIT AND DISCHARGE US FROM ANY CLAIMS, ACTIONS, DEMANDS, COSTS AND EXPENSES OF ANY KIND WHATSOEVER, WHETHER IN CONTRACT, NEGLIGENCE OR TORT, AT LAW OR IN EQUITY, OR BY STATUTE OR OTHERWISE, HOWSOEVER CAUSED, WITH RESPECT TO YOUR USE OF, OR OUR OPERATION OF, THE WEBSITE AND THE SERVICES.
INDEMNITY: YOU AGREE TO INDEMNIFY, SAVE AND HOLD US HARMLESS FROM AND AGAINST ANY CLAIMS, ACTIONS, DEMANDS, JUDGMENTS, AWARDS, DECLARATIONS, ORDERS, SETTLEMENTS, DAMAGES (INCLUDING GENERAL, SPECIAL, PUNITIVE, AGGRAVATED OR EXEMPLARY DAMAGES), LIABILITIES, LOSSES, COSTS, CHARGES, INTEREST AND EXPENSES, OR PROCEEDINGS OF ANY KIND WHATSOEVER WHICH MAY BE INITIATED OR PRESENTED BY ANY OTHER PERSONS, INDIVIDUALS OR OTHER LEGAL ENTITIES, AND WHICH ARISE DIRECTLY OR INDIRECTLY FROM YOUR USE OF THE WEBSITE AND THE SERVICES. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, YOU HEREBY AGREE TO PAY ALL COSTS, FEES AND EXPENSES, ON A SOLICITOR AND OWN CLIENT BASIS, WHICH MAY BE INCURRED BY US, RELATING TO YOUR USE OF THE WEBSITE AND THE SERVICES.
SINCE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES OR LIABILITY, SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS IN THIS SECTION 14 MAY NOT APPLY TO YOU.
FOR THE PURPOSE OF THIS SECTION 14, THE TERMS “WE”, "US" AND "OUR" SHALL INCLUDE OUR AFFILIATES AND OURS AND OUR AFFILIATES' RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS AND CONTRACTORS.
Application of British Columbia Laws: We are physically located, and all activities with respect to the Services and the Website take place, within the Province of British Columbia, Canada. This Agreement will be governed by the laws of the Province of British Columbia and the laws of Canada applicable therein and shall be treated in all respects as a British Columbia contract, without reference to the principles of conflicts of law. In the event of a dispute, you agree to submit to the exclusive jurisdiction of British Columbia’s courts.
Laws Excluded: We expressly exclude the UN Convention on Contracts for the International Sale of Goods, and The International Sale of Goods Act (British Columbia), R.S.B.C. 1996, c. 236, as amended, replaced or re-enacted from time to time.
Waiver of Rights: You agree to waive any right you may have to: (a) a trial by jury; and (b) commence or participate in any class action against us related to your use of the Services, the exchange of electronic documents between us or this Agreement and, where, applicable, you also agree to opt out of any class proceedings against us or our licensors.
Agreement in English: The parties hereto have required that this Agreement and all documents relating thereto be drawn up in English. Nous avons demandé que cette convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.
Unless otherwise specified, the Website and the Services are presented solely for the purpose of providing products and services in Canada. We make no representation that the Website, the Services, Our Content and all other materials on the Website are appropriate or available for use in any particular location. Those who choose to access the Website do so on their own initiative and are responsible for compliance with local laws, if and to the extent local laws are applicable.
We will not be liable for failure or delay in our performance of our obligations under this Agreement due to any cause beyond our reasonable control, including, but not limited to: (a) acts of God; or (b) failure or disruptions in third-party-controlled or operated communications facilities; or (c) worms, viruses and other disabling or disruptive software, communications or files.
Suspension of your Use of the Website by you: You may terminate this Agreement at any time, by cancelling your account. Your termination will be effective when we receive notice of your termination.
Suspension of your Use of the Website by us: If you breach any provision of this Agreement, you may no longer use the Website. We may at any time and for any reason, with or without cause, and in our sole discretion, immediately suspend or terminate (in whole or in part) your permission to use the Website or the Services, all without any notice or liability to you or any other person.
No Refunds or Rights on Termination: We shall not be responsible for refunding or otherwise paying any funds, amounts or credits that we may owe to you if we have suspended or terminated your permission to use the Website or any part thereof. We reserve the right to cease, suspend or interrupt operation of or access to the Website or any part thereof, and shall not be required to provide any notice in respect of such cessation, suspension or interruption of access, nor shall we have any liability for such cessation, suspension or interruption of access.
Survival: The provisions of Sections that are by their nature intended to survive termination of this Agreement shall survive termination of this Agreement including, but not limited to, Sections 2, 3, 4, 6, 10, 12, 13, 14, 15, 16, 19 and this Section 18.
Our failure to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of these terms shall be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these terms and shall not affect the validity and enforceability of any remaining provisions. We may assign this Agreement without restriction.
If you have any questions about this Agreement, or the Website generally, please contact us at:
LWTL Media Inc.
709-1351 Continental St.
Vancouver, BC V6Z-0C6
Attention: the Privacy Officer