Terms of Service
The undersigned (client) has requested ModoHR Technologies Inc and agrees to the following terms of service, billing and privacy requirements:
This Agreement governs your access to and the use of ModoHR’s web application (“ScreeningCanada” or “Application”) and the services made available to you through ScreeningCanada.
This End User License Agreement is between the entity you represent, or, if you do not designate an entity in connection with use, purchase or renewal, you individually ("you" or "your"), and ModoHR Technologies Inc. ("ModoHR", "we", "us", or "our"). It consists of the terms and conditions below and is effective on the date we provide you with an active account or the date on which your account is renewed, as applicable.
License Grant and Restrictions
It is your responsibility to ensure your device meets all the necessary technical specifications to enable you to access and use the Application. You are granted a personal, non-exclusive and non-transferable license to use the Application. The Application is provided for lawful purposes only and is protected by intellectual property laws and treaties. Modification or use of the Application for any other purpose violates ModoHR intellectual property rights. The Application is licensed, not sold. Any and all rights in the Application are and shall remain the exclusive property of ModoHR and/or its licensors. Nothing in these terms intends to transfer any such rights to, or to vest any such rights in, you. You are only entitled to the limited use of the Application granted to you in these terms. You will not take any action to jeopardize, limit or interfere with ModoHR and/or its licensor’s rights.
You are responsible for maintaining the strict confidentiality of your account details and you are responsible for any activity under your account. You agree to immediately notify ModoHR of any unauthorized use of your account or password or any other breach of security. You agree and are responsible to provide accurate information when providing your account details and to ensure account details are updated. It is your sole responsibility to control the dissemination and use of your password, control access to and use of your account, and to notify us when you desire to cancel your access or unsubscribe from any electronic communications. ModoHR will not be responsible or liable for any loss or damage arising from your failure to comply with this provision.
Restrictions on Use
You may not: decompile, reverse engineer, disassemble, otherwise convert or authorize any third party to decompile, reverse engineer, disassemble or otherwise convert, the Application to a human perceivable form; make copies of the Application; distribute or republish, upload, post or transmit the Application in any way; resell, rent, lease or lend the Application; or transfer the Application or these terms to any third party. If you download software from the Application, the software, including all files, images, contained in or generated by the software, and accompanying data (together, the "Software") are deemed to be licensed to you by ModoHR or its licensor, as applicable.
You are NOT permitted to use the Application to:
a) engage in unlawful or illegal activity;
b) interfere with or disrupt the Application or any of ModoHR’s computer systems, servers, networks, databases, software, hardware or equipment used by or for the Application;
c) interfere with the use or access of this Application by others;
d) introduce code or automated systems to the Application which are disruptive or harmful;
e) attempt to gain unauthorized access to ModoHR’s computer systems, servers, networks, databases, software, hardware or equipment, including to: user-restricted areas of this Application; logins and passwords of others; or personal information and personal accounts of others
Possible evidence of use of this Application for such purposes will be provided to law enforcement authorities and is otherwise subject to production as required by law.
Restriction of Liability
ModoHR and its affiliates will not be liable for any damages or injury caused by the use of, or the inability to use, the Application, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation of transmission, computer virus, or line failure. ModoHR and its affiliates will not be liable for any damages or injury, including but not limited to, indirect, special, incidental, exemplary or consequential damages that result from the use of, or the inability to use, the Application, even if there is negligence on ModoHR and its affiliates or whether an authorized ModoHR representative has been advised of the possibility of such damages, or both. The above limitations or exclusions may not apply to you to the extent that applicable law does allow the limitation(s) or exclusion(s) of liability.
Privacy and Confidentiality
You agree only to request information regarding legitimate candidates with duly signed consent forms provided within the Application.
A party (Receiving Party) shall keep in strict confidence: all information that relates to the business, affairs, operation, developments, trade secrets, personnel and supplies, including personal data which are in each case of a confidential nature and have been disclosed pursuant to this Agreement to it by the other party (Disclosing Party), its employees, agents or subcontractors, and any other confidential information concerning the Disclosing Party’s business, its products and services which the Receiving Party may obtain.
The Receiving Party shall only disclose the Disclosing Party’s confidential information to those of its employees, agents, and subcontractors who need to know it for the purposes of discharging the Receiving Party’s obligations under this Agreement. You agree and certify that background checks are being ordered for employment/volunteer/tenancy/business relationship purposes only and will be used only for employment/volunteer/tenancy/business relationship related purposes that are compliant with Canadian Federal and Provincial human rights, labour, and privacy laws.
You agree that you will not use any information regarding ModoHR and its business to compete in any way with ModoHR. You will maintain privacy and confidentiality of personal information regarding applications for employment/volunteer/tenancy/business relationship positions and certify that all personal and protected information requested will not be used to discriminate against candidates.
By accessing our Application, you will be able to select and request one or more of the following services for employment, volunteer, tenancy, or business relationship purposes: Criminal Record Checks, Credit Reports, Education Verifications, Employment Verifications, Employment Reference Checks, Credential Verifications, Civil Court Searches, Driver Record Searches and/or various data base searches.
You agree that ModoHR may collect and use technical data about your device, system and application software, and peripherals that is gathered periodically to facilitate the provision of software updates and support related to the Application.
For ModoHR to better meet your preferences, by using the Application, you agree and provide your consent that ModoHR and ModoHR third-party partners may collect, use, and transmit information you provide in using the Application, and other personally identifiable information gathered from your use of the Application or specifically provided by you in your use of the Application through the registration of a ScreeningCanada account or otherwise (“Personal Information”), to facilitate the improvement and provision of products, and other services or technologies.
To use the services, you must have an active account within the ScreeningCanada web application. The account must be created in the name of your organization with a representative of your organization nominated as the Client Administrator of the account.
Client Administrator Users may create additional users within the ScreeningCanada web application. You must ensure additional users comply with the terms of this Agreement.
You will be able to view, copy and download reports obtained using your ScreeningCanada account.
You must not:
a) use a report or any information contained in a report for any purpose other than assessing the suitability of the relevant candidate for recruitment to your organization or other legitimate performance-related purposes within your organization;
b) modify or alter a report in any way; or
c) disclose a report or any information contained in a report to any third party without permission from the candidate.
Services will be billed in Canadian Dollars (CAD) and terms of payment will be determined upon creating an account with ScreeningCanada. Prices are exclusive of any taxes unless otherwise specified on the invoice as tax inclusive. You must pay any applicable value added, goods and services, sales, gross receipts, or other transaction taxes, fees, charges or surcharges, or any regulatory cost recovery surcharges or similar amounts that are owed under this agreement and which we are permitted to collect from you under applicable law.
Following termination of this Agreement:
a) We will deactivate all your Accounts and User Access; and
b) Purge or transfer the data we have on file relating to you and your users and candidates; or
c) Store essential data as required by legislation, regulation, or law.
ModoHR may, in its sole discretion and without notice, restrict, deny, terminate this Agreement or suspend the Application, related online services, in whole or in part, for suspicion of fraud, security, illegal activity, or unauthorized access issues to protect the integrity of the Application or our services or systems. Upon termination of this Agreement, you must immediately stop using the Application or application services and any outstanding payments will become due.
Your use of the Application and the services is subject to the laws of Canada. This Agreement shall be governed by The Province of British Columbia and the federal laws of Canada. To resolve any legal dispute arising from this Agreement, you and ModoHR agree to the exclusive jurisdiction of the Province of British Columbia.
In order to provide the services to you, we may, from time to time, communicate with you via the email address you provided when registering for an account on ScreeningCanada.
DISCLAIMER OF WARRANTIES
YOUR USE OF THE APPLICATION AND CONTENT IS ENTIRELY AT YOUR OWN RISK. EXCEPT AS DESCRIBED IN THIS AGREEMENT, THE APPLICATION IS PROVIDED "AS IS”. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, MODOHR, ITS AFFILIATES, AND ITS THIRD PARTY PROVIDERS, LICENSORS, DISTRIBUTORS OR SUPPLIERS (COLLECTIVELY, "SUPPLIERS") DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY THAT THE SOFTWARE IS FIT FOR A PARTICULAR PURPOSE, TITLE, MERCHANTABILITY, DATA LOSS, NON-INTERFERENCE WITH OR NON-INFRINGEMENT OF ANY INTELLECTUAL PROPERTY RIGHTS, OR THE ACCURACY, RELIABILITY, QUALITY OR CONTENT IN OR LINKED TO THE APPLICATION. MODOHR AND ITS AFFILIATES AND SUPPLIERS DO NOT WARRANT THAT THE SOFTWARE IS SECURE, FREE FROM BUGS, VIRUSES, INTERRUPTION, ERRORS, THEFT OR DESTRUCTION. IF THE EXCLUSIONS FOR IMPLIED WARRANTIES DO NOT APPLY TO YOU, ANY IMPLIED WARRANTIES ARE LIMITED TO 60 DAYS FROM THE DATE OF PURCHASE OR DELIVERY OF THE SERVICES, WHICHEVER IS SOONER. SOME PROVINCES DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS, AND YOU MAY HAVE OTHER RIGHTS THAT VARY FROM PROVINCE TO PROVINCE.
MODOHR, ITS AFFILIATES AND SUPPLIERS DISCLAIM ANY REPRESENTATIONS OR WARRANTIES THAT YOUR USE OF THE APPLICATION WILL SATISFY OR ENSURE COMPLIANCE WITH ANY LEGAL OBLIGATIONS OR LAWS OR REGULATIONS.
LIMITATION OF LIABILITY AND INDEMNITY
SUBJECT TO APPLICABLE LAW, MODOHR, ITS AFFILIATES AND SUPPLIERS ARE NOT LIABLE FOR ANY OF THE FOLLOWING: (A) INDIRECT, SPECIAL, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES; (B) DAMAGES RELATING TO FAILURES OF TELECOMMUNICATIONS, THE INTERNET, ELECTRONIC COMMUNICATIONS, CORRUPTION, SECURITY, LOSS OR THEFT OF DATA, VIRUSES, SPYWARE, LOSS OF BUSINESS, REVENUE, PROFITS OR INVESTMENT, OR USE OF SOFTWARE OR HARDWARE THAT DOES NOT MEET MODOHR SYSTEMS REQUIREMENTS. THE ABOVE LIMITATIONS APPLY EVEN IF MODOHR AND ITS AFFILIATES AND SUPPLIERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THIS AGREEMENT SETS FORTH THE ENTIRE LIABILITY OF MODOHR, ITS AFFILIATES AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE APPLICATION AND SOFTWARE AND ITS USE.
You agree to indemnify and hold ModoHR and its affiliates and Suppliers harmless from any and all claims, liability and expenses, including reasonable attorneys' fees and costs, arising out of your use of the Application or breach of this Agreement (collectively referred to as "Claims"). ModoHR reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any Claims. You agree to reasonably cooperate as requested by ModoHR in the defense of any Claims.
This Agreement is the entire agreement between you and ModoHR and replaces all prior understandings, communications and agreements, oral or written, regarding its subject matter. If any court of law, having the jurisdiction, rules that any part of this Agreement is invalid, that section will be removed without affecting the remainder of the Agreement. The remaining terms will be valid and enforceable. You cannot assign or transfer ownership of this Agreement to anyone without written approval of ModoHR.