Terms & Conditions

1. Introduction. Please read this page carefully. It contains the Terms and Conditions governing your access to and use of the Makeafuture.ca Web Site (the “Site”). If you do not accept these Terms and Conditions or you do not meet or comply with their provisions, do not use this web site and service.

If you are a Job Seeker using the Site, any terms in these Terms and Conditions or Exhibits that expressly apply solely to Employers do not apply to you.

If you are an employer using the Site, you may have entered into a Service Agreement with Make a Future – Careers in BC Education. (“Make a Future”), in which case these Terms and Conditions, including the Exhibits attached hereto, are part of and incorporated into that Service Agreement. These Terms and Conditions are effective as of April 30, 2008.

2. Binding Agreement. These Terms and Conditions, together with all Exhibits to these Terms and Conditions (as they may be amended from time to time by Make a Future) form a binding agreement (the “Agreement”) between you and Make a Future. Your access to or use of the Site indicates your acceptance of these Terms and Conditions. You are agreeing to use the Site at your own risk. The terms “You,” “User,” “Job Seeker,” and “Employer” are used hereinafter to all individuals and/or entities access this website for any reason.
3. Certain Definitions. The following definitions apply to this Agreement:
   “Make a Future Web Site” or the “Site” includes www.makeafuture.ca in its entirety and its related sites owned or operated by Make a Future – Careers in BC Education, and includes their Content, Text, Graphics, Design, Programming and Services as applicable in the context.
   “Content” includes all Text, Graphics, Design and Programming used on the Site.
   “Text” includes all text on every page of the Site, whether editorial, navigational, or instructional.
   “Graphics” includes all logos, buttons, and other graphical elements on the Site
   “Design” includes the color combinations and the page layout of the Site.
   “Programming” includes both client-side code (HTML, JavaScript, etc.) and server-side code (Active Server Pages, VBScript, databases, etc.) used on the Site.
   “Document” refers to any posting to the Site, whether job or resume.
   “Services” means any services provided on the Site by Make a Future – Careers in BC Education or its agents.
   “User” refers to any individual or entity who uses any aspect of the Site.
   “Job Seeker” means a User who is accessing the Site to search for a job or in any other capacity except as an Employer.
   “Employer” means a person or entity that is accessing the Site to post a job or for any reason related to the purpose of seeking candidates for employment.
   “You” and “you” means the person who (or the entity on behalf of whom you are acting) that is agreeing to these Terms and Conditions.
4. Acceptable Site Use

4.1 General Use Rules. The Site is intended for individuals seeking employment and for employers or recruiters seeking candidates for employment. You may use this Site only for lawful purposes within the stated context of Make a Future’s intended and acceptable use of the Site. Make a Future is the sole interpreter of the Site’s intended and acceptable use.

Make a Future – Careers in BC Education authorizes you to view and download a single copy of the material on Makeafuture.ca (the “Web Site”) solely for your personal, non-commercial use. The contents of this Web Site, such as text, graphics, images, logos, button icons, design, software and other “Material”, are protected under both Canadian and foreign copyright, trademark and other laws. All Material is the property of Make a Future or its content suppliers or clients. The compilation (meaning the collection, arrangement and assembly) of all content on this Web Site is the exclusive property of Make a Future – Careers in BC Education and protected by Canadian and international copyright laws. Unauthorized use of the Material may violate copyright, trademark, and other laws. You must retain all copyright, trademark, service-mark and other proprietary notices contained in the original Material on any copy you make of the Material. You may not sell or modify the Material or reproduce, display, publicly perform, distribute, or otherwise use the Material in any way for any public or commercial purpose. The use of the Material on any other web site or in a networked computer environment for any purpose is prohibited.

You shall not copy or adapt the HTML code that Make a Future – Careers in BC Education or third party partners creates to generate its pages. It is also protected by Make a Future – Careers in BC Education’s copyright.

4.2 License to Use by Users who are Job Seekers. Make a Future hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your personal use seeking employment opportunities for yourself. This authorizes you to view and download a single copy of the material on the Site solely for your personal, non-commercial use. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Your use of the Site is a privilege. Make a Future reserves the right to suspend or terminate that privilege for any reason at any time, in its sole discretion.

4.3 License to Use by Users who are employers. Make a Future hereby grants you a limited, terminable, non-exclusive right to access and use the Site only for your internal business use seeking candidates for employment. This authorizes you to view and download a single copy of the material on the Site solely for your internal business use directly related to using the Site for the purpose of searching and recruiting job prospects. Users of the applytoeducation applicant tracking system, developed by Passion Inc., please see our applytoeducation Terms of Use, which are incorporated herein by reference, for further clarification. You may not sell, transfer or assign any products or services or your rights to any products or services (including access to the applytoeducation system) provided by Make a Future – Careers in BC Education to any third party without the express written authorization of Make a Future. You agree that you are solely responsible for the content of any Document you post to the Site and any consequences arising from such posting. Make a Future reserves the right to suspend or terminate your access and use at any time if Make a Future determines that you are in breach of any of these Terms and Conditions.

As a user, you are responsible for your own communications and are responsible for the consequences of their posting. You must not, and by using this Web Site you agree not to, do the following things: post material that is copyrighted, unless you are the copyright owner or have the permission of the copyright owner to post it; post material that reveals trade secrets, unless you own them or have the permission of the owner; post material that infringes on any other intellectual property rights of others or on the privacy or publicity rights of others; post material that is obscene, defamatory, threatening, harassing, abusive, hateful, or embarrassing to another user or any other person or entity; post a sexually-explicit image or statement; post advertisements or solicitations of business, post chain letters or pyramid schemes; impersonate another person; or post material that contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information.

Make a Future does not represent or guarantee the truthfulness, accuracy, or reliability of communications posted by users or endorse any opinions expressed by users. You acknowledge that any reliance on material posted by other users will be at your own risk.

Make a Future 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 material posted by users. If notified by a user of communications which allegedly do not conform to these Terms and Conditions, the Company may investigate the allegation and determine in good faith and its sole discretion whether to remove or request the removal of the communication. Make a Future has no liability or responsibility to users for performance or nonperformance of such activities. Make a Future reserves the right to expel users and prevent their further access to the Web Site for violating the Terms and Conditions or the law and the right to remove communications which are abusive, illegal, or disruptive. The Company may take any action with respect to user-submitted information that it deems necessary or appropriate in its sole discretion if it believes it may create liability for the Make a Future or may cause the Make a Future to lose (in whole or in part) the services of its ISPs or other suppliers.

4.4 Other Specific Rules. You represent, warrant and agree that you will 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 and Conditions or by applicable law. It is your responsibility to ensure that your use of the Site complies with these Terms and Conditions and all applicable laws.

4.5 House Rules for Posting, Conduct and Security.

5. Registration and Password

The job posting and online application sections of the Make a Future – Careers in BC Education website are powered by Passion Inc.’s applytoeducation software. Upon registration with Make a Future – Careers in BC Education, users are operating within the applytoeducation website. The use of the personal information you submit upon registration or subsequently is governed by the applytoeducation Privacy Policy and Terms of Use Agreement, which stipulates among other things the reasons why personal information is collected, the uses that will be made of your personal information, your rights of access and rectification. For your convenience, we highlight below sections of applytoeducation ‘s privacy policy that addresses the use of registration and application information. You can read the full version of applytoeducation ‘s on www.applytoeducation.com.

You are responsible for maintaining the confidentiality of your information and password. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify the Company of any unauthorized use of your registration or password.

6. Intellectual Property Rights. The Site and all right, title and interest in and to the Site is the sole property of Make a Future or its licensors, and is protected by Canadian and/or U.S. copyright and international treaties. Except for the limited licenses expressly granted to you in these Terms and Conditions, Make a Future reserves for itself and its licensors all other right, title and interest. Without limitation on the foregoing, you may not reproduce, modify, display, sell, or distribute the Content, or use it in any other way for public or commercial purpose. This includes copying or adapting the HTML code used to generate Web pages on the Site. ” Make a Future,” the Make a Future design logo and certain other names or logos are service marks or trademarks of Make a Future, and all related product and service names, design marks and slogans are the service marks or trademarks of Make a Future . 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 Make a Future ‘s trademarks, service marks and copyrights. All other product and service marks contained on the Site are the trademarks of their respective owners.
7. Disclaimers and Limitations on Make a Future’s Liability.

7.1 Allocation of Responsibility Make a Future – Careers in Education assumes no responsibility for Documents posted by Users and no responsibility for the activities, omissions or other conduct of Users. Make a Future 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 allegedly does not conform to these Terms and Conditions, Make a Future may investigate the allegation and determine in good faith and in its sole discretion whether to remove or request the removal of such Document. Make a Future has no liability or responsibility to Users for performance or non-performance of such activities. Make a Future may take any action with respect to User submitted information that it deems necessary or appropriate, in its sole discretion.

7.2 No Endorsements by Make a Future. Nothing on 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.

7.3 No Guaranty of Results. Make a Future 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. Make a Future 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, made by any User.

7.4 WARRANTY DISCLAIMERS
(a) THE SITE IS PROVIDED ON AN ‘AS IS’ BASIS WITHOUT ANY WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE. MAKE A FUTURE, 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. MAKE A FUTURE MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE SITE.
(b) Without limitation on the foregoing:
(i) MAKE A FUTURE DOES NOT WARRANT THAT THE SITE WILL OPERATE ERROR-FREE OR THAT THE SITE AND ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE SITE RESULTS DIRECTLY OR INDIRECTLY IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, MAKE A FUTURE IS NOT RESPONSIBLE FOR THOSE COSTS.
(ii) Make a Future 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 typographical errors. You agree that any reliance on Documents posted by Users, or on any other form of communication with Users, will be at your own risk.
(iii) Make a Future makes no representations or guarantees regarding the Content of the Site, including, but not limited to, broken links, inaccuracies or typographical errors.

7.5 DAMAGE LIMITATIONS, ALLOCATIONS OF LIABILITY AND EQUITABLE RELIEF.
(a) YOU ASSUME ALL RESPONSIBILITY AND RISK FOR YOUR USE OF THE SITE, THE INTERNET GENERALLY, AND THE DOCUMENTS YOU POST OR ACCESS AND FOR YOUR CONDUCT ON AND OFF THE SITE.
(b) IN NO EVENT SHALL MAKE A FUTURE (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 MAKE A FUTURE 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 TO YOU. IF ANY ARE HELD INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, THEN MAKE A FUTURE’S MAXIMUM LIABILITY TO YOU FOR ANY NON-DIRECT TYPE OF DAMAGES SHALL BE LIMITED TO CAN $100.00 IN THE AGGREGATE.
(d) IN NO EVENT SHALL MAKE A FUTURE (OR ANY OF ITS OFFICERS, DIRECTORS, BOARD MEMBERS, EMPLOYEES, AFFILIATES, AGENTS OR ADVERTISERS), BE LIABLE FOR ANY DIRECT DAMAGES IN EXCESS IN THE AGGREGATE OF US$200.00 (OR, IF YOU ARE AN EMPLOYER WITH A SERVICES AGREEMENT WITH MAKE A FUTURE, THE AMOUNTS ACTUALLY PAID BY YOU TO MAKE A FUTURE UNDER THIS AGREEMENT IF GREATER THAN CAN $100.00).
(e) Due to the nature of this Agreement, in addition to money damages, you agree that Make a Future will be entitled to equitable relief upon a breach of this Agreement by you.

8. 8. Payment of Services upon Termination of Service Agreement.
9. Links to Other Sites. Make a Future contains links to third party web sites. These links are provided solely as a convenience to you and not as an endorsement by Make a Future of the contents on such third-party web sites. Make a Future is not responsible for the content of linked third-party sites and does not make any representations regarding the content or accuracy of materials on such third-party web sites. If you decide to access linked third-party web sites, you do so at your own risk.
10. Amendments to this Agreement and Changes to Site. Make a Future may revise these Terms and Conditions at any time by updating this page. Changes will be binding on you 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 you of the then-current Terms and Conditions (including any Exhibits thereto). If at any time you find the Terms and Conditions unacceptable, you may not use the Site any longer. Any new or different terms supplied by you are specifically rejected by Make a Future unless Make a Future agrees to them in a signed writing specifically including those new or different terms. Make a Future may change the Site at any time.
11. Indemnity. You agree to defend, indemnify, and hold harmless Make a Future (and its officers, directors, employees, agents, successors and assigns) from and against any third party claims, actions or demands (including, without limitation, costs, damages and reasonable legal and accounting fees) alleging or resulting from, or in connection with, your gross negligence with use of the Site, any Document posted by you, or your breach of this Agreement. Make a Future shall use reasonable efforts to provide you prompt notice of any such claim, suit, or proceeding and may assist you, at your expense, in defending any such claim, suit or proceeding.
12. User Information. The Privacy Policy posted on the Site is incorporated into this Agreement by this reference. The Privacy Policy governs data collected through Make a Future’s on-line operations only. Please note, as set forth in the Privacy Policy, that Make a Future may collect certain personal information from Users and may contact Users periodically in accordance with the terms of the Privacy Policy. In addition, Make a Future reserves the right to comply, in its sole discretion, with legal requirements, requests from law enforcement agencies or requests from government entities, even to the extent that such compliance may require disclosure of certain personal information collected from Users.
13. Questions and Notices. Questions concerning the use of the Site should be directed to Contact Us. Notices shall be sent, for Make a Future, to the address listed on the Site, and, for you, to the address submitted by you or such other address as Make a Future reasonably determines is an appropriate address for you.
14. General. Make a Future contact information is listed on the Site. Make a Future makes no claims that the Content is appropriate or may be downloaded outside of Canada. Access to the Content may not be legal by certain persons or in certain countries, and such persons have no right to access or use the Site. If you access Make a Future from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction. This Agreement and your Service Agreement, if you have one, are governed by the laws of the Province of Ontario and the laws of Canada applicable in the Province of Ontario. You submit to the non-exclusive jurisdiction of the courts of the Province of Ontario. The sole relationship between You and Make a Future is that of independent contractors. 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. All provisions of this Agreement shall survive termination except those granting access or use to the Site, and you shall cease all your use and access thereof immediately. You may not assign or transfer your obligations under this Agreement. No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term. Except as expressly provided by Make a Future in a particular “Legal Notice,” or software license or material on particular Web pages of the Site, this Agreement and your Service Agreement where applicable, constitute the entire agreement between you and Make a Future.

Exhibit A – House Rules Regarding Posting, Conduct and Security

Make a Future is the sole interpreter of these rules. Users who violate these rules may have their access and use of the Site suspended or terminated, at Make a Future’s discretion. Make a Future reserves the right to change these rules in accordance with the amendment policy in the Terms and Conditions to which this Exhibit A is attached.

A1. Posting Rules:

(a) Your Document may not contain: (i) copyrighted material (unless you own the copyright or have the owner’s permission to post the copyrighted material); (ii) trade secrets (unless you own them or have the owner’s permission to post them); (iii) material 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) You may not use your 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) Your Document(s) must contain sufficient detail to convey clearly to the User the nature and requirements of the job opportunity, or your qualifications as a candidate for employment. Documents from any third party charging a fee or restricting complete access to all resume information are prohibited.

(d) Job postings must be individual openings for traditional, full-time, part-time or contractual employment.

(e) Online application postings 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) Make a Future 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 Make a Future’s discretion.

A2. Conduct Rules:

(a) You 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.

(b) You may not send unsolicited commercial email to Users.

(c) Protect your password. You are responsible for maintaining the confidentiality of your information and password. You are responsible for all uses of your registration, whether or not authorized by you. If others use your password to post inappropriate material on the Site, you risk losing your access to the Site. You agree to notify Make a Future immediately of any unauthorized use of your registration and password.

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

(e) You may not delete or revise any material posted by any other person or entity.

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

(g) Make a Future 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. Make a Future 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.

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

Linking to Make a Future – Careers in BC Education

Make a Future – Careers in BC Education 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 Make a Future -or any Make a Future Networks content–please observe similar practices, as a courtesy and (in some instances) a legal necessity.

Please DO:

• Link to Make a Future content directly. Make a Future encourages direct links. As stated clearly on the MAKE A FUTURE Networks Terms and Conditions page: “You may link from another site to Make a Future’s online content including profiles, news and events items, articles, features, images, and video.”
• Observe all copyright laws. Here is the Make a Future .
• You are welcome to use the title or headline of the article to which you are linking, as long as you link directly to the article. To make this process even easier, Make a Future offers Really Simple Syndication (RSS) feeds of our stories here.

Please DO NOT:

• Use a MAKE A FUTURE News headline to link anywhere but directly to the MAKE A FUTURE News story.
• Attribute a link on your site to MAKE A FUTURE News and then link somewhere else.
• Write and link to a summary of the MAKE A FUTURE News story that exceeds fair use guidelines.
• Frame the MAKE A FUTURE News story or otherwise present the content as your own.
• Use any images from MAKE A FUTURE News stories on your site.
• If you have any questions about this policy, please ask.

No Liability:
Neither Make a Future – Careers in BC Education nor any third party will be liable for any delays, inaccuracies, errors or omissions in any content published by Make a Future, or in the transmission or delivery of all or any part thereof. By linking to or reproducing any Make a Future or third party content, you hereby irrevocably release and discharge Make a Future 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.