TERMS OF USE - PROSPA RÉSERVATIONS INC.
1. WEBSITE CONTENT
The content of this website (the "Website") is the exclusive property of PROSPA RESERVATIONS INC. ("PROSPA"). Any use not authorized by PROSPA is strictly forbidden.
2. ACCEPTANCE OF TERMS OF USE
By your browsing on this Website, you expressly agree to be bound by these Terms of Use and their possible subsequent modifications. PROSPA reserves the right to modify at any time these Terms of Use by a simple update posted on the Website. The modifications made to the Terms of Use take effect as soon as they are published on the Website and we invite you to consult them regularly.
3. DESCRIPTION OF SERVICES
The PROSPA Web site is a platform that facilitates contacting and networking between physical persons seeking employment or specific contracts in the field of personal, therapeutic and aesthetic care (the "Applicants") and employers seeking this type of expertise (the "Employers"). As an intermediary, please note that PROSPA offers no guarantee of results to the Applicants and Employers (the "Users") using its services.
4. OBLIGATIONS OF USERS
As a PROSPA User, you must:
• Be at least 18 years of age.
• Legally entitled to work in Canada.
• Take responsibility for protecting the confidentiality of your username and password.
• Have read, understood and accepted these Terms of Use.
• Use the services offered by PROSPA in a responsible manner, within the limits of legality and compliance with these Terms of Use.
• Make your registration on the Website on your own behalf or on behalf of your company and do not allow any other person or entity or any other type of entity or group to access your account under any circumstances.
• Provide PROSPA with accurate and truthful information at the time of registration and you must assume responsibility for maintaining the accuracy of these updates.
• Take full responsibility for all your activities on the Website.
Furthermore, as a User of the Website, it is STRICTLY PROHIBITED to:
• Attempting to use viruses or any other form of technology to infringe the rights of PROSPA or other Users.
• Transmit or otherwise use the information and personal information of the Users without first obtaining a specific approval from the said Users.
• Attempting to contact any User, by e-mail, fax or telephone, for the purpose of promoting products or services without first obtaining their agreement.
• Attempting to use, copy or modify content owned by a third party.
• Attempting to interfere in any way with the rights of others.
• Interfering in any way with the proper functioning of the Website.
• Perform actions that would represent an unreasonable or disproportionateconstraint on the Website's infrastructure.
• Use any technological means to copy or collect all or part of the Website.
• Attempting to reverse engineer or decompile the pages of the Website.
• Harass or attempt to harass any other User in any way.
• Use the services of PROSPA for unlawful purposes or to engage in any form of illegal activity.
5. USER NAME AND PASSWORD
Your username and password must be used in a personalized manner and you are solely responsible for maintaining confidentiality. In order to ensure the security of the contents of the Website and the information of the Users, PROSPA reserves the right in its sole discretion to ask you to modify your password. Please note that PROSPA can not be held responsible for any unauthorized use or access to the content of the Website, the accounts of its Users and information about them.
6. DISPLAY RULES
It is forbidden to post on the Website:
• Content that contains hateful, defamatory or discriminatory comments against any natural or legal person or any entity or group.
• Offers of a sexual, erotic or adult nature.
• Content that does not comply with a law or any other form of legislation.
• Misleading information that is misleading or detrimental to rights held by third parties.
• Content whose intellectual property does not belong to you.
• Violent or degrading content.
• Content that affects in some ways the rights of others.
We request that you promptly notify us of any content that does not comply with these posting rules at the following email address: mdoiron@prospa.ca. Please be advised that PROSPA reserves the right to remove any content posted on the Website that does not comply with these posting rules and also reserves the right to prohibit access in whole or in part to its services to any User Who does not abide by these Terms of Use without notice or delay.
In addition, all offers of employment established in Quebec, although they may be accompanied by an English version, must be published in French under the Charter of the French Language, which enacts in section 1 and 41 :
« 1. French is the official language of Québec.»
« 41. Every employer shall draw up his written communications to his staff in the official language. He shall draw up and publish his offers of employment or promotion in French.»
PROSPA invites you to respect the law and to write a full description of your job offer in French.
7. FEES ET SERVICES
PROSPA services are offered free of charge to Applicants and for payment to Employers. The various packages available to Employers can be found in the Operations / Employers section of the Website. In this regard, PROSPA reserves the right to modify the various packages offered to Employers from time to time and we will notify you of the occurrence of such changes by posting them on our Website. It is also important to note that any subscription to PROSPA services is subject to automatic renewal, which you may cancel at any time after the expiration of the next renewal period.
Fees for PROSPA packages ("Fees") that you have agreed to pay will be paid through the PayPal website, which offers a high level of security. Please note, however, that PROSPA assumes no responsibility for any forms of direct or indirect damages that Users may suffer as a result of their payment transaction. Please also note that the Fees are non-refundable and it is your responsibility to ensure that they are fully paid when due.
Fees are quoted in Canadian dollars and do not include the Goods and Services Tax (GST) or Quebec Sales Tax (QST) that will be charged to you in addition to the transaction.
8. LIMITATION OF LIABILITY
PROSPA makes no audit and assumes no responsibility for any inaccuracies, omissions, errors or omissions contained in the Candidates and Employers profiles, job offers, advertisements or any other form of information or contents on the Website. It is therefore your duty as a User to make the necessary checks in this respect and you assume full responsibility. In the same way, PROSPA does not guarantee to its Users that their objectives or aspirations will be reached as a result of their use of the Website.
In addition, each User assumes full responsibility for his actions and interactions with other Users of the Website. If you have a disagreement with another User, it is your responsibility to settle it directly with this User. By your use of the Website, you agree to release PROSPA and its officers, directors, employees and other representatives from all forms of liability in connection with any dispute or other disagreement between Users and understand that PROSPA does not offer any mechanism of conflict resolution.
Although PROSPA makes every effort to ensure that Users have secure access to the Website and the information contained therein at all times, PSOSPA can not guarantee that the Website will be Accessible without any interruption or error. In addition, PROSPA can not guarantee that the Website or the servers hosting it will not have a virus or other form of malfunction. Consequently, PROSPA does not assume any responsibility for the damage that the Users may suffer due to a malfunction or the unavailability of the Website for any reason.
Similarly, PROSPA makes no warranty as to the confidentiality of the information transmitted over the Internet and can not be held liable for any damage caused by its disclosure. You assume full responsibility for this.
Finally, you hereby agree that PROSPA can not be held liable for any damage suffered, whether direct or indirect, resulting from the use of its services.
9. COMPENSATION
In the event that a lawsuit is brought against PROSPA as a result of any breach of these Terms of Use by you or your organization, you hereby agree to take up the defence of PROSPA and to compensate PROSPA for any dammages it could have endured.
10. APPLICABLE LAW AND COMPETENT JURISDICTION
The present agreement on the Terms of Use is governed by the laws of the Province of Quebec. You hereby acknowledge that any disputes arising out of or in connection with the use of the services and the PROSPA Website will be subject to the jurisdiction of the courts of the District of Montreal, Province of Quebec.