Terms and Conditions

PLEASE READ THIS PAGE CAREFULLY AS IF AFFECTS YOUR LEGAL RIGHTS AND RESPONSIBILITIES.

1. These Terms and Conditions (“Terms”) set out the agreement (“Agreement”) between the BC Public School Employers Association (BCPSEA), operator of the Make-a-Future program and website (“MAF”) and users (“Users”) of the Makeafuture.ca and enseigner.makeafuture.ca Web Site (the “Site”).

2. These Terms apply to individuals seeking to use the Site to apply for employment opportunities (“Job Seekers”) and they apply to employers using this Site to recruit employees (“Employers”).  Any Terms stated to be applicable only to Employers, shall not be applicable to Job Seekers, and any Terms stated to be applicable only to Job Seekers shall not apply to Employers.  The terms “User” when used in the Terms refer to the applicable individual or organization using this Site as well as individuals granted access privileges to the Site on behalf an any organization (each an “Employer Authorized User”), all as the context may require.

3. These Terms are in addition to any Service Agreements entered into between an Employer and MAF.  These Terms, and any MAF guidelines or policies or exhibits referenced herein (“collectively “Exhibits”), are incorporated into and form part of any applicable Service Agreement with an Employer. In the event of any conflict between the Service Agreement, and these Terms, the Service Agreement shall govern to the extent of such conflict or inconsistency.

4. Binding Agreement.

These Terms, together with all Exhibits (as they may be amended from time to time by MAF) form a binding agreement between, as applicable, MAF and each User, Job Seeker or Employer.

5. Each User’s access to or use of the Site indicates their acceptance of these Terms.  Any User that does not agree to be bound by these Terms, should not use the Site.

6. Acceptance of Risk.

Each User acknowledges and agrees that there are data security and other risks inherent in the transmission of any information over the internet, and that the privacy and security of the information a User transmits, accesses or discloses using the Site cannot be 100% guaranteed.  By accepting these Terms, the User agrees to accept these risks and that use of the Site is at each User’s own risk.

7. The following definitions apply to this Agreement:

1. “MAF Web Site” or the “Site” means www.makeafuture.ca and/or engeigner.makeafuture.ca in its entirety and its related sites owned or operated by the British Columbia Public School Employers’ Association, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
2. “Content” means all Text, Graphics, Design and Programming used on the Site, and includes the collection, arrangement and assembly) of all such content on the Site.
3. “Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
4. “Graphics” includes all logos, buttons, videos, images, and other graphical elements on the Site.
5. “Design” includes the color combinations and the page layout of the Site.
6. “Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
7. “Document” refers to any posting to the Site, whether job posting or resume.
8. “Services” means any services provided on the Site by MAF or its agents.
9. “User” has the meaning set out above and refers to any individual or entity who uses any aspect of the Site.
10. “Job Seeker”, “Employer” and “Employer Authorized User” have the meanings set out above.

8. General Use Rules. 

The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. MAF authorizes Job Seekers to view and download Content on the Site solely for  personal, non-commercial use, and it authorizes Employers and their Authorized Users to view and download Contents solely for internal business purposes. Users may use this Site only for lawful purposes and for purposes authorized by these Terms or otherwise in writing by MAF.  MAF is the sole interpreter of the Site’s intended and acceptable use, and reserves the right to permit or restrict intended acceptable use of the Site on notice to any User, whether delivered directly to the User or posted on the Site.

9. License to Use by Users who are Job Seekers.

MAF grants to Job Seekers a limited, terminable, non-exclusive right to access and use the Site only for personal use in seeking employment opportunities for themselves. This authorizes Job Seekers to view and download a single copy of the Content on the Site solely for their personal, non-commercial use.

10. License to Use by Users who are Employers. 

MAF hereby grants to the Employer a limited, terminable, non-exclusive right to access and use the Site only for the Employer’s internal business use in seeking candidates for employment by the Employer. This authorizes the Employer (and its Employer Authorized Users) to view and download a single copy of the Content on the Site solely for their internal business use directly related to using the Site for the purpose of searching and recruiting employees.

11. Restriction

Users may not sell, lease, transfer or assign their rights and privileges under this Agreement, including by permitting third parties to access and use the Site or any products or services available through the Site (including access to the applytoeducation system) for purposes not authorized by MAF or these Terms.

12. applytoeducation

“ applytoeducation” is an employment applicant tracking system on the Site that was developed and is operated by Passion Inc. (“Passion”).  In addition to these Terms, Users of applytoeducation shall be subject to and must comply with the Passion terms of use on that Site: https://www.applytoeducation.com/terms-of-use .

13. Responsibilities of Users

Users are responsible for their own communications and are responsible for the consequences of their communications through the Site.   Users are solely responsible for the content of any information, Document or other content they post to the Site and any consequences arising from such posting. MAF reserves the right to restrict suspend or terminate any User’s privileges to access and use the Site (or any Employer Authorized User granted access to the Site on an Employer’s behalf) at any time if MAF determines that the User is in breach of any of these Terms.

Users must comply with the User Rules (attached hereto as Exhibit A).  The Rules may be amended by MAF from time to time, and such changes will be effective when posted to the Site.

14. Accuracy and Reliability

MAF does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by Users or endorse any opinions expressed by Users. The User acknowledges that any reliance they place on Content posted by other Users will be at their own risk.  MAF acts as a passive conduit for the online distribution and publication of User-submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Content posted by Users.

15. Non-Compliance

If MAF discovers or is notified about conduct or communications not conforming to these Terms, MAF may investigate the allegation and reserves the right to delete, remove or request the removal of the communication or offending content.  Users shall comply with all such requests for removal.  MAF reserves the right to expel Users and prevent their further access to the Site for violating these Terms or the law and to remove or delete any and all communications which are abusive, illegal, or disruptive.   MAF may take any action with respect to User-submitted information that it deems necessary or appropriate in its sole discretion, including where the Content or information may create liability for MAF or may cause MAF to lose (in whole or in part) the services of its internet service providers, subcontractors or other suppliers.

16. Other Specific Rules. 

Users may not use (or plan, encourage or help others to use) the Site for any purpose or in any manner that is prohibited by these Terms or by applicable Canadian or foreign laws. It is the User’s responsibility to ensure that their use of the Site complies with these Terms and all applicable laws.  Employers are responsible for supervising the use of the Site by their Employer Authorized Users and ensuring it complies with these Terms.

17. Privacy Policy

The collection, use and disclosure of personal information by MAF through the Site is described in the MAF privacy policy <at link>   The job posting and online application sections of the Site that are powered by Passion Inc.’s applytoeducation software are subject to the Passion Privacy Policy and Terms of Use Agreement

It is the User’s responsibility to ensure they read, are familiar with and access the Terms of Use and Privacy Policies referenced above.  By accessing and using the Site, Users are deemed to have reviewed and accepted these terms and policies.

18. Intellectual Property Rights. 

The Site and Content and all right, title and interest in and to the Site and Content is the sole property of MAF or its licensors, and is protected by Canadian and/or U.S. and foreign copyright laws and international treaties. Except for the limited licenses expressly granted to Users in these Terms, MAF reserves for itself and its licensors all other right, title and interest in or to the Site or its Content. Without limiting the foregoing, Users may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purposes. This includes copying or adapting the HTML code used to generate Web pages on the Site.

”MAF,” the MAF design logo and certain other names or logos are service marks or trademarks of MAF, and all related product and service names, design marks and slogans are the service marks or trademarks of MAF .

In addition, the “look” and “feel” of the Site (including color combinations, button shapes, layout, design and all other graphical elements) are also protected by MAF ‘s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.

19. MAF’s Liability for User Conduct.

MAF assumes no responsibility for Documents posted by Users or for the activities, omissions or other conduct of Users. MAF acts as a portal for the online distribution and publication of User submitted information and has no obligation to screen communications or information in advance and is not responsible for screening or monitoring Documents posted by Users. If notified by a User of a Document which does not conform to these Terms, MAF may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. MAF has no liability or responsibility to Users for performance or non-performance of such activities. MAF may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

20. No Endorsements by MAF. 

No information or content posted to the Site shall be considered an endorsement, representation or warranty with respect to any User or third party, whether in regards to its web site, products, services, hiring, experience, employment or recruiting practices, or otherwise.

21. No Guarantee of Results. 

MAF is not an employment agency or a recruiting firm, and makes no representations or guarantees regarding the effectiveness or timeliness of the Site in meeting the employment objectives of Users. MAF does not guarantee that Documents posted by Users will result in candidates being hired or positions being filled, and is not responsible for any employment decisions for whatever reason made by any User.

22. WARRANTY DISCLAIMERS

(a) THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. MAF, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, CONDITIONS, UNDERTAKINGS AND TERMS, INCLUDING, BUT NOT LIMITED TO, THE WARRANTIES OF CONDITIONS, QUALITY, DURABILITY, PERFORMANCE, MERCHANTABILITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES’ RIGHTS, AND FITNESS FOR PARTICULAR PURPOSE. MAF MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.

(b) Without limitation on the foregoing:  (i) MAF DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE SECURE, FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF A USER’S USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MAF IS NOT RESPONSIBLE FOR THOSE COSTS.

(ii) MAF makes no representations or guarantees regarding the truthfulness, accuracy, completeness, timeliness or reliability of any Documents posted by Users, or of any other form of communication engaged in by Users. Documents may contain inaccuracies or errors. Users agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at the User’s own risk.

(iii) MAF makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or errors.

23. DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.

(a) USERS ASSUME ALL RESPONSIBILITY AND RISK FOR: (1) THEIR USE OF THE SITE, THE INTERNET GENERALLY, AND (2) THE DOCUMENTS USERS POST OR ACCESS AND (3) FOR THEIR CONDUCT ON AND OFF THE SITE.

(b) IN NO EVENT SHALL MAF (OR ANY OF ITS OFFICERS, DIRECTORS, BOARD MEMBERS, EMPLOYEES, AFFILIATES, AGENTS, ADVERTISERS, SUCCESSORS OR ASSIGNS), BE LIABLE FOR ANY NON-DIRECT DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA, LOST EMPLOYMENT OPPORTUNITY, OR BUSINESS INTERRUPTION) RESULTING FROM OR ARISING UNDER OR IN CONNECTION WITH THE USE OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THE SITE AND/OR ANY DOCUMENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT MAF IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(c) BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE LIMITATIONS SET FORTH IN THE PRECEDING PARAGRAPH MAY NOT APPLY IN ALL JURISDICTIONS. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MAF’S MAXIMUM LIABILITY TO USERS FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO CAD $100.00 IN THE AGGREGATE.

(d) IN NO EVENT SHALL MAF (OR ANY OF ITS OFFICERS, DIRECTORS, BOARD MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE TO THE USER FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF CAD$200.00 OR, IF A USER IS AN EMPLOYER WITH A SERVICES AGREEMENT WITH MAF, THEN MAF’S LIABILITY TO THE EMPLOYER AND TO ITS EMPLOYER AUTHORIZED USERS SHALL BE LIMITED TO THE AMOUNTS ACTUALLY PAID BY THE EMPLOYER TO MAF UNDER THIS AGREEMENT WITHIN THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE DAMAGE OR LOSS.

(e) Due to the nature of this Agreement, in addition to money damages, Users agree that MAF will be entitled to equitable relief upon a breach of this Agreement by User.

24. Links to Other Sites. 

MAF contains links to third party web sites. These links are provided solely as a convenience to Users and not as an endorsement by MAF of the contents on such third-party web sites. MAF is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of contents on such third-party web sites. If Users decide to access linked third-party web sites, Users do so at their own risk.

25. Amendments to this Agreement and Changes to Site. 

MAF may revise these Terms at any time by updating this page. Changes will be binding on Users on the date they are posted on the Site (or as otherwise stated in any notice of such changes). Any use of the Site will be considered acceptance by Users of the then-current Terms (including any Exhibits thereto). If at any time Users find the Terms unacceptable, Users may not use the Site any longer. Any new or different terms supplied by Users are specifically rejected by MAF unless MAF agrees to them in a signed written agreement specifically including those new or different terms. MAF may change the Site at any time.

Users agree to defend, indemnify, and hold harmless MAF, and its officers, directors, employees, agents, successors and assigns, of, from and against any third party claims, actions or demands, including, without limitation, costs, damages and reasonable legal and accounting fees, arising from any breach of this Agreement by the User, the intentional wrongful conduct of the User or negligence by the User in connection with User’s use of the Site.

1. Questions and Notices.

Questions concerning the use of the Site should be directed to Contact MAF. Notices shall be sent, for MAF, to the address listed on the Site, and, for the User, to the address submitted by the User to MAF or at the User’s residential or business address.

1. General.

(a) If Users access MAF from outside of Canada, Users do so at their own risk and are responsible for compliance with the laws of their own jurisdiction.  (b) This Agreement and the Service Agreement with MAF, if s User has one, are governed by the laws of the Province of British Columbia and the laws of Canada applicable in the Province of British Columbia. (c) Users submit to the non-exclusive jurisdiction of the courts of the Province of British Columbia. (d) The sole relationship between Users and MAF is that of independent contractors. (e) If any provision of this Agreement is found to be invalid by any court having competent jurisdiction, the invalidity of all or part of a provision shall not affect the validity of the remaining parts and provisions of this Agreement, which shall remain in full force and effect. (f) All provisions of this Agreement shall survive termination except those granting access or use to the Site, and Users shall cease all use and access thereof immediately upon termination of this Agreement. (g) Users may not assign or transfer their privileges or obligations under this Agreement. (h) No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term.

EXHIBIT A – RULES OF USE

All Users must comply with the following Rules of Use, and MAF reserves the right to remove or require the removal of all Content and Documentation and/or to suspend or revoke User privileges in the event of any non-compliance with these Rules.

A1. Posting Rules:

(a) User Documents may not contain: (i) copyrighted Content (unless Users own the copyright or have the owner’s permission to post the copyrighted Content); (ii) trade secrets (unless the User owns them or has the owner’s permission to post them); (iii) Content that infringes on or misappropriates any other intellectual property rights, or violates the privacy or publicity rights of others; (iv) anything that is sexually explicit, obscene, libelous, defamatory, threatening, harassing, abusive, or hateful; or (v) anything that is embarrassing or offensive to another person or entity.

(b) Users may not use Document(s) to: (i) impersonate another person, living or dead; (ii) post false, inaccurate or misleading information; (iii) post advertisements or solicitations of business (including, but not limited to, Email Processors, Project 21, franchises, “club memberships,” distributorships, or anything requiring a monetary investment by the User, including a request for payment to obtain job listings); (iv) post chain letters, pyramid schemes, charity requests or petitions for signature; or (v) post opinions or notices, commercial or otherwise.

(c) Employer Document(s) must contain sufficient detail to convey clearly the nature and requirements of the job opportunity, and comprise openings for traditional, full-time, part-time or contractual employment.

(d) The posting  of Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.

(e) Online application posted by Job Seekers must contain the accurate resume, cover letter, teaching reports, references, and any supporting documents of a living individual seeking employment on a full-time, part-time, or contractual basis on his or her own behalf.

(f) MAF is under no obligation to monitor the Documents posted on the Site, but it may monitor Documents at random. Documents found to violate the above Posting Rules may be removed at MAF’s discretion.

A2. Conduct Rules:

(a) Users may not respond to postings by other Users in any manner or for any purpose other than that which is expected (i.e., to apply for the job or to initiate further discussion with the candidate). Communications soliciting the employer’s business by our competitors are prohibited. Users may not use the Site to send unsolicited commercial email to Users.

(c) Users must Protect their passwords. Users are responsible for maintaining the confidentiality of their information and password. Users are responsible for all uses of their registration, whether or not authorized. If others use a User’s password to post inappropriate Content on the Site, Users risk losing access to the Site. Users agree to notify MAF immediately of any unauthorized use of their registration and password.

(d) Users may Report inappropriate postings or conduct to Contact Us.

(e) Users may not delete or revise any Content posted by any other person or entity.

(f) If at any time during the term of this Agreement MAF comes to the understanding that the User: (i) misled MAF of their business practices and/or services, or (ii) purchased services that do not represent their precise business, MAF reserves the right to terminate this Agreement.

(g) MAF is under no obligation to monitor the conduct of its Users, but it may investigate and respond when violations are reported.

A3. Security Rules:

(a) Users are prohibited from violating or attempting to violate the security of the Site, including, without limitation: (i) accessing data not intended for such User or logging into a server or account which the User is not authorized to access; (ii) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization; (iii) attempting to interfere with service to any User, host or network, including, without limitation, via means of submitting a virus to the Site, overloading, “flooding”, “mailbombing” or “crashing”; (iv) sending unsolicited e-mail, including promotions and/or advertising of products or services; (v) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability.

(b) Violation of these Security Rules may result in civil or criminal liability. MAF will investigate occurrences that may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting Users who are involved in such violations.

(c)  In order to ensure a safe and effective experience for all of our customers, MAF reserves the right to limit the amount of data (including resume views) that may be accessed by Users in any given time period. These limits may be amended in the MAF’s sole discretion from time to time.

A4.     LINKING TO MAF – CAREERS IN BC EDUCATION

MAF believes strongly in the utility of hyperlinks, which allow anyone to point directly to content, whether on the same site or an external site.

Makeafuture.ca links directly to external resources. Direct links save time for our readers. Where space allows, we attribute the link to its source, to help readers gauge for themselves the value of the content at the destination.  When linking to MAF -or any MAF Networks content–Users must observe similar practices, as a courtesy and (in some instances) a legal necessity.

Users are or are expected to:

• Link to MAF content directly. MAF encourages direct links. “Users may link from another site to MAF’s online content including profiles, news and events items, articles, features, images, and video.”
• Observe all copyright laws.
• Use the title or headline of the article to which Users are linking, as long as Users link directly to the article. To make this process even easier, MAF offers Really Simple Syndication (RSS) feeds of our stories here.

Users may not:

• Use a MAF News headline to link anywhere but directly to the MAF News story.
• Attribute a link on their site to MAF News and then link somewhere else.
• Write and link to a summary of the MAF News story that exceeds fair use guidelines.
• Frame the MAF News story or otherwise present the content as THEIR own.
• Use any images from MAF News stories on THEIR site.
• If Users have any questions about this policy, they should contact MAF at:  contactus@makeafuture.ca

No Liability:

Neither MAF nor any third party will be liable for any delays, inaccuracies, errors or omissions in any content published by MAF, or in the transmission or delivery of all or any part thereof. By linking to or reproducing any MAF or third-party content, Users hereby irrevocably release and discharge MAF and any third party provider, and their respective affiliates and the officers, directors, employees and agents of the foregoing, from any and all claims, causes of action, costs, damages and expenses of any type and nature whatsoever, arising out of or related to such content.