MyJobMatch seeks to empower job seekers who have intellectual disabilities and employers to come together for successful and supported employment opportunities. The MyJobMatch Platform may be used by individual job seekers, employers, and employment support providers (collectively referred to as the “Users” or “you” or “your”). MyJobMatch provides access to a dedicated marketplace of employment opportunities for people with intellectual disabilities and offers a supported process that will assist job seekers to create profiles that accurately capture their skills and career goals and ideas. The MyJobMatch Platform also supports employers to identify their recruitment needs and expand their workforce and employment support professionals to manage customer relations and track employment success outcomes.
By using the MyJobMatch Platform, you REPRESENT and WARRANT that you are of the legal age of majority under applicable law to form a binding contract with the Association and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.
By continuing to access or use our Platform after those revisions become effective, you agree to be bound by the revised terms. If you do not agree to the new terms, in whole or in part, please stop using the Platform.
You hereby ACKNOWLEDGE and AGREE that we reserve the right at any time to modify or discontinue the whole, or any part of, the MyJobMatch Platform, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.
The words of which the initial letter is capitalized have the meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
“Account” means a unique Account created for you to access our Platform or parts of our Platform.
“Company” (referred to as either “the Company”, “we”, “us” or “our” in these Terms) means Community Living Toronto (the entity that provides the MyJobMatch Platform).
“Platform” means the Platform “MyJobMatch”, accessible from https://www.myjobmatch.ca
User: An individual interacting with the MyJobMatch Platform, for any reason, including consuming information about MyJobMatch, including but not limited to a job seeker, an employer and an employment support professional
“You” (or “you”) means the individual accessing or using the Platform, or the company or legal entity on behalf of which such individual is accessing or using the Platform, on behalf of the individual, as applicable.
User Registration and Account Creation
You may be required to register and create an Account to have access to the MyJobMatch Platform.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. 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 should you be provided an Account, your Account is personal to you and you agree not to provide any other person with access to this Platform or portions of it using your Account, password, or other security information.
You AGREE to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s). It is your responsibility to keep the password you provided confidential and secure.
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 also agree to ensure that you logout from your Account at the end of each session. You are responsible for any password misuse or any unauthorized access. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. The Association cannot and will not be liable for any loss or damage from your failure to maintain the security of your Account and password.
We recommend you choose a secure password that is not easily guessed by others and update it regularly, at least every three (3) months.
In the event that you do not provide accurate information or do not update such information if it changes, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using your account, the MyJobMatch Platform, or any features of the MyJobMatch Platform.
The information you provide through the MyJobMatch Platform is maintained on secure services located in Toronto, Ontario.
The Association takes your privacy seriously. We have physical, organizational and technical measures in place to protect your privacy and keep your information and data secure. However, despite our efforts to implement appropriate safeguards, we cannot guarantee that your information will never be used, disclosed or altered in an unauthorized way.
If you provide any information that is untrue, inaccurate, not current, or incomplete, we have the right to suspend or terminate your Account and refuse any and all current or future use of the Platform (or any portion thereof).
You may not access or use the Platform for any purpose other than for the purposes approved by the Association. The Platform may not be used in connection with any commercial endeavors except those that are specifically endorsed or approved by us.
As a User of the Platform, you AGREE not to:
- Use any information obtained from the Platform in order to harass, abuse, or harm another person.
- Make improper use of our support services or submit false reports of abuse or misconduct.
- Use the Platform in a manner inconsistent with any applicable laws or regulations.
- Engage in unauthorized framing of or linking to the Platform.
- Upload or transmit (or attempt to upload or to transmit) viruses, trojan horses, worms, defects, data bombs, time bombs, or other material that is malicious or technologically harmful, including excessive use of capital letters and spamming (continuous posting of repetitive text), hacking, flooding, or defacing of the MyJobMatch Platform that interferes with any User’s uninterrupted use and enjoyment of the Platform or modifies, impairs, disrupts, alters, or interferes with the use, features, functions, operation, or maintenance of the Platform.
- Upload or transmit (or attempt to upload or to transmit) any material that acts as a passive or active information collection or transmission mechanism, including without limitation, clear graphics interchange formats (“gifs”), 1×1 pixels, web bugs, cookies, or other similar devices (sometimes referred to as “spyware” or “passive collection mechanisms” or “pcms”).
- Delete the copyright or other proprietary rights notice present on any part of the Platform or otherwise interact with the MyJobMatch Platform in a way that infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims whatsoever.
- Attempt to impersonate another User or person or use the username of another User or collect, use and/or disclose information and/or references to a third party without consent.
- Interfere with, disrupt, or create an undue burden on the Platform or the networks or services connected to the Platform.
- Harass, annoy, intimidate, or threaten any of our employees or agents engaged in providing any portion of the MyJobMatch Platform to you, or any other Users.
- Attempt to bypass any measures of the Platform designed to prevent or restrict access to the MyJobMatch Platform, or any portion of the MyJobMatch Platform.
- Except as permitted by applicable law, decipher, decompile, disassemble, or reverse engineer any of the software comprising or in any way making up a part of the Platform.
- Except as may be the result of standard search engine or Internet browser usage, use, launch, develop, or distribute any automated system, including without limitation, any spider, robot, cheat utility, scraper, offline reader or automatic device, process or means to access the Platform, or using or launching any unauthorized script or other software.
- Make any unauthorized use of the Platform, including collecting email addresses of users by electronic or other means for the purpose of sending unsolicited email, or creating user Accounts by automated means or under false pretenses.
- Use the MyJobMatch Platform as part of any effort to compete with us.
- Sell or otherwise transfer your Account.
The MyJobMatch Platform may provide you with the opportunity to create, submit, post, display, transmit, perform, publish, distribute, or broadcast Content and materials to us or on the MyJobMatch Platform, including but not limited to text, writings, video, audio, photographs, graphics, comments, suggestions, or personal information or other material (collectively, “Content“). Content may be viewable by other users of the Platform within and/or outside your/your organization’s Account. When you create or make available any Content, you thereby represent and warrant that:
- Your Content does not contain or include any individual’s personal health information (as defined by the appropriate health information legislation in your jurisdiction) or personal information of a third party, unless you have their consent.
- Your Content is not false, inaccurate, or misleading.
- Your Content is not unsolicited or unauthorized advertising, promotional materials, pyramid schemes, chain letters, spam, mass mailings, or other forms of solicitation.
- Your Content is not obscene, lewd, lascivious, filthy, violent, harassing, defamatory, libelous, slanderous, pornographic, or otherwise objectionable (as determined by the Association at its sole and absolute discretion).
- Your Content does not ridicule, mock, disparage, intimidate, or abuse anyone, including us.
- Your Content is not used to harass or threaten another person and to promote violence against a specific person or group of people.
- Your Content does not violate any applicable law, regulation, or rule.
- Your Content does not violate the privacy or publicity rights of any third party.
- Your Content does not violate any applicable law concerning child pornography, or otherwise intended to protect the health or well-being of minors.
- Your Content does not contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct, as may be deemed, in the sole and absolute discretion of the Association.
By using the MyJobMatch Platform and providing Content, you:
MyJobMatch reserves the right, in our sole and absolute discretion at any time and for any reason, to modify, edit or remove any Content (or any portion thereof) for any purpose in our sole discretion. To complain about any Content, and/or to provide notice of allegedly infringing materials on the Platform, please contact us at email@example.com
You acknowledge and agree that any questions, comments, suggestions, ideas, feedback, or other information regarding the MyJobMatch Platform (“Submissions“) provided by you to us are non-confidential. If you choose to provide Submissions to the Association, you grant and you represent and warrant that you have the right to so grant us: (i) a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all Submissions (in any format or media) that you post on, upload or otherwise submit to or through, the MyJobMatch Platform or otherwise provide us; and (ii) waive all moral rights in and to all Ideas that you submit. This means that, among other things, the Association has the right to use any and all Submissions you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. For greater certainty, Ideas do not include your account information, including without limitation, your financial information, expenses, transactions, and budget.
Intellectual Property Rights
You understand and agree that the MyJobMatch Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, source code, data text, databases, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, layout, selection, and arrangement, are owned by MyJobMatch, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including, without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
The MyJobMatch name, the MyJobMatch Platform logo, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the Association or its affiliates or licensors. You must not use such marks without the prior written permission of the Association. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the MyJobMatch Platform are the trademarks of their respective owners. Trade-marks may be registered in Canada and in other countries as applicable. Use of any such property, except as expressly authorized, may constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action. Nothing contained herein or on this Platform may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s).
You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the MyJobMatch Platform, in any form or medium whatsoever except:
- your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
- a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
- in the event social media platforms Facebook and Instagram are linked to certain content on the MyJobMatch Platform, you may take such actions as our Platform and such third-party social media platforms permit.
Users are not permitted to modify copies of any materials from the MyJobMatch Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from this Platform.
We reserve all rights not expressly granted to you in and to the MyJobMatch Platform, the code and the intellectual property described herein.
While commercially reasonable efforts will be made, we cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or Content or Submissions, provided by any User or third party, subject to applicable laws. We also cannot guarantee that the Platform is suitable for use on a wide variety of systems, you should take reasonable and appropriate precautions to scan for computer viruses and ensure compatibility of the MyJobMatch Platform with your specific system. You should always ensure that you have a complete and current backup of the information contained on your computer system.
Accuracy and Changes:
Facts, information and material on the MyJobMatch Platform is believed to be accurate when placed on the MyJobMatch Platform. Facts, information and material on the MyJobMatch Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the MyJobMatch Platform is restricted to Users or unavailable at any time or for any period.
We respect the intellectual property rights of others. If you believe that any material available on or through the MyJobMatch Platform infringes upon any copyright you own or control, please immediately notify us using the contact information provided below (a “Notification”). A copy of your Notification will be sent to the person who posted or stored the material addressed in the Notification. Please be advised that pursuant to applicable law, you may be held liable for damages if you make material misrepresentations in a Notification. Thus, if you are not sure that material located on or linked to by the MyJobMatch Platform infringes your copyright, you should consider first contacting legal counsel.
Links to Other Websites
Any links from the MyJobMatch Platform to other websites, or references to products, services or publications other than those of MyJobMatch do not imply the endorsement or approval of such websites, products, services or publications by the Association.
You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. You must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. The MyJobMatch Platform must not be framed on any other site, nor may you create a link to any part of them MyJobMatch Platform other than the homepage. We reserve the right to withdraw linking permission without notice. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.
Upon termination, your right to use the MyJobMatch Platform will cease immediately.
Limitation of Liability & User Indemnity
TO THE GREATEST EXTENT PERMITTED BY LAW, THE ASSOCIATION AND EACH OF ITS RESPECTIVE AGENTS, EMPLOYEES, OFFICERS, DIRECTORS, SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “RELEASED PARTIES”) WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE THAT THE ASSOCIATION HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE MYJOBMATCH PLATFORM AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE ASSOCIATION. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
Some provinces do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these provinces, each party’s liability will be limited to the greatest extent permitted by law.
Notwithstanding any damages that you might incur, the entire liability of the Association to you under any provision of these Terms (and your exclusive remedy) shall be limited to the amount actually paid by you through the Platform, otherwise $100 CAD.
“AS IS” and “AS AVAILABLE” Disclaimer
THE MYJOBMATCH PLATFORM AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE PLATFORM IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE MYJOBMATCH PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (II) THE PLATFORM WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE MYJOBMATCH PLATFORM, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE MYJOBMATCH PLATFORM WILL BE SECURE; (V) THE USE OF THE MYJOBMATCH PLATFORM WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE MYJOBMATCH PLATFORM WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, DEVICE, SOFTWARE OR ELECTRONIC FILES.
ANY INFORMATION MADE AVAILABLE ON THE MYJOBMATCH PLATFORM IN ANY FORM IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT, AND SHOULD NOT BE TAKEN AS FINANCIAL, LEGAL, MEDICAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD NOT RELY ON, OR TAKE OR FAIL TO TAKE ANY ACTION, BASED UPON THIS INFORMATION. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE MYJOBMATCH PLATFORM.
COMMENTS OR OPINIONS EXPRESSED ON THE MYJOBMATCH PLATFORM ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE PLATFORM AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF THE ASSOCIATION.THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE MYJOBMATCH PLATFORM.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE MYJOBMATCH PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
Governing Law and Jurisdiction
If you have any concern or dispute about the Platform, the following process will apply:
You agree to make a good faith attempt to resolve any dispute or differences between us and you by way of informal negotiations. In case of a dispute, you must send written notice to the Association (“Dispute Notice”) to firstname.lastname@example.org. You and the Association shall first attempt in good faith to resolve any dispute set forth in the Dispute Notice through dialogue, negotiation and consultation. In the event that such dispute is not resolved on an informal basis within thirty (30) Business Days after you deliver the Dispute Notice to the Company, you may, by written notice, initiate mediation under section D2.
If either you or the Association initiates mediation as provided for in section D1, they may submit the dispute to any mutually agreed mediation service for mediation. Both parties agree to use commercially reasonable efforts in participating in the mediation. The mediator’s fees and expenses (and the costs incidental to the mediation) will be shared equally between the parties. The place of the mediation shall be Ontario, Canada, unless the parties both agree to a virtual mediation. The language of the mediation shall be English.
If the dispute cannot be resolved for any reason by the mediation process in D2, either you or P4G may commence binding arbitration. Arbitration will take place in Ontario, Canada, be conducted by a sole arbitrator, and follow the Ontario’s Arbitration Act. The language of the arbitration shall be English. Any arbitration award issued under this section D3 will be final and binding on the merits of the dispute, and not subject to appeal, including on a question of law.
Severability and Waiver
If any provision of these Terms is held to be unenforceable, illegal or invalid in any jurisdiction, it will be considered severed from the Terms, and the remaining provisions of these Terms will continue in full force and effect.
Except as provided herein, no failure to exercise, or delay to exercise a right, remedy, power or privilege or to require performance of an obligation under these Terms operates, or may be construed as a waiver thereof and 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.
In order to resolve a complaint regarding the Platform or to receive further information regarding use of the Platform, please contact us:
- By email: email@example.com