K E M E C O N

Terms and Conditions

Agreement between User and KEMECON

Welcome to KEMECON!

The KEMECON.com website (the "Site") comprises various web pages operated by KEMECON Solutions ("KEMECON"). By accessing KEMECON.com, you agree to abide by the terms, conditions, and notices outlined herein (the "Terms"). Your use of KEMECON.com signifies your acceptance of all such Terms. Please read these Terms carefully and keep a copy for your records.

Overview of Services

KEMECON.com is a web-based application offering matchmaking services between employment opportunities and human resources. The services provided are on an "as-is" basis. KEMECON reserves the right to modify, alter, terminate, or cease services without notice. Additionally, KEMECON may periodically purge data and holds no responsibility for any data loss. Users agree to indemnify KEMECON against any risks or losses resulting from these changes.

Employer/Job Provider Guidelines

Employers using KEMECON agree not to exceed five items per task when requiring skill tests or examinations from job seekers or freelancers.

Freelancer/Jobseeker Guidelines

KEMECON reserves the right to block freelancers/jobseekers reported for misconduct or unprofessional behavior by an Employer.

Privacy

Your use of KEMECON.com is subject to KEMECON's Privacy Policy. Please review our Privacy Policy, which governs the Site and informs users of our data collection practices.

Electronic Communications

By visiting KEMECON.com or sending emails to KEMECON, you engage in electronic communications. You consent to receive electronic communications and agree that all agreements, notices, disclosures, and other communications provided electronically satisfy any legal requirement for written communication.

Account Responsibilities

If you use this Site, you are responsible for maintaining the confidentiality of your account and password and for restricting access to your computer. You agree to accept responsibility for all activities under your account or password. You may not assign or transfer your account to any other person or entity. KEMECON is not responsible for third-party access to your account resulting from theft or misappropriation. KEMECON reserves the right to refuse or cancel service, terminate accounts, or remove or edit content at our sole discretion.

Children Under Thirteen

KEMECON does not knowingly collect personal information from individuals under the age of thirteen. By accepting these terms, you confirm that you are at least 18 years old.

Payment Terms

KEMECON does not store or collect payment information. Payments are processed through Stripe, a third-party provider. Information about Stripe can be found at www.stripe.com.

Cancellation/Refund Policy

Refunds are provided at KEMECON's discretion and must be requested within 14 days of payment. KEMECON reserves the right to decline refunds under certain circumstances.

Links to Third-Party Sites/Third-Party Services

KEMECON.com may contain links to other websites ("Linked Sites"). Linked Sites are not under KEMECON's control, and KEMECON is not responsible for their content, including any changes or updates. These links are provided for convenience and do not imply endorsement by KEMECON.

Certain services available via KEMECON.com are delivered by third-party sites and organizations. By using any product, service, or functionality originating from KEMECON.com, you consent to KEMECON sharing information and data with third parties with whom KEMECON has a contractual relationship to provide the requested services on behalf of KEMECON.com users and customers.

Terms of Use for KEMECON Affiliate Marketing
No Unlawful or Prohibited Use/Intellectual Property

You are granted a non-exclusive, non-transferable, revocable license to access and use KEMECON.com strictly in accordance with these terms of use. By using the Site, you warrant to KEMECON that you will not use the Site for any unlawful or prohibited purposes as outlined in these Terms. You agree not to use the Site in any manner that could damage, disable, overburden, or impair the Site or interfere with any other party's use and enjoyment of the Site. You are prohibited from obtaining or attempting to obtain any materials or information through any means not intentionally made available or provided through the Site.

All content included as part of the Service, such as text, graphics, logos, images, compilations, and any software used on the Site, is the property of KEMECON or its suppliers and is protected by copyright and other intellectual property laws. You agree to observe and abide by all copyright and other proprietary notices, legends, or restrictions contained in any such content and will not make any changes to it.

You will not modify, publish, transmit, reverse engineer, participate in the transfer or sale of, create derivative works from, or exploit any of the content, in whole or in part, found on the Site. KEMECON content is not for resale. Your use of the Site does not entitle you to make any unauthorized use of any protected content, and you will not delete or alter any proprietary rights or attribution notices in any content. You will use protected content solely for your personal use and will make no other use of the content without the express written permission of KEMECON and the copyright owner. You agree that you do not acquire any ownership rights in any protected content. We do not grant you any licenses, express or implied, to the intellectual property of KEMECON or our licensors except as expressly authorized by these Terms.

Use of Communication Services

The Site may contain various Communication Services, including but not limited to:

  • Bulletin Board Services
  • Chat Areas
  • Video Calling
  • Private Messaging
  • News Groups
  • Forums
  • Communities
  • Personal Web Pages
  • Calendars
  • Other Message or Communication Facilities

These services are designed to enable you to communicate with the public at large or with a group. You agree to use the Communication Services only to post, send, and receive messages and material that are proper and related to the particular Communication Service.

By way of example, and not as a limitation, you agree that when using a Communication Service, you will not:

  • Defame, abuse, harass, stalk, threaten, or otherwise violate the legal rights (such as rights of privacy and publicity) of others.
  • Publish, post, upload, distribute, or disseminate any inappropriate, profane, defamatory, infringing, obscene, indecent, or unlawful material or information.
  • Upload files that contain software or other material protected by intellectual property laws (or by rights of privacy or publicity) unless you own or control the rights thereto or have received all necessary consents.
  • Upload files that contain viruses, corrupted files, or any other similar software or programs that may damage the operation of another's computer.
  • Advertise or offer to sell or buy any goods or services for any business purpose, unless such Communication Service specifically allows such messages.
  • Conduct or forward surveys, contests, pyramid schemes, or chain letters.
  • Download any file posted by another user of a Communication Service that you know, or reasonably should know, cannot be legally distributed in such manner.
  • Falsify or delete any author attributions, legal or other proper notices, or proprietary designations or labels of the origin or source of software or other material contained in a file that is uploaded.
  • Restrict or inhibit any other user from using and enjoying the Communication Services.
  • Violate any code of conduct or other guidelines which may be applicable for any particular Communication Service.
  • Harvest or otherwise collect information about others, including e-mail addresses, without their consent.
  • Violate any applicable laws or regulations.

KEMECON has no obligation to monitor the Communication Services; however, KEMECON reserves the right to review materials posted to KEMECON.com and to remove any materials at its sole discretion. KEMECON reserves the right to terminate your access to any or all of the Communication Services at any time without notice for any reason whatsoever.

KEMECON reserves the right at all times to disclose any information as necessary to satisfy any applicable law, regulation, legal process, or governmental request, or to edit, refuse to post, or remove any information or materials, in whole or in part, at KEMECON's sole discretion.

Always use caution when giving out any personally identifying information about yourself or your children in any Communication Service. KEMECON does not control or endorse the content, messages, or information found in any Communication Service and, therefore, KEMECON specifically disclaims any liability with regard to the Communication Services and any actions resulting from your participation in any Communication Service. Managers and hosts are not authorized KEMECON spokespersons, and their views do not necessarily reflect those of KEMECON.

Materials uploaded to a Communication Service may be subject to posted limitations on usage, reproduction, and/or dissemination. You are responsible for adhering to such limitations if you upload the materials.

Terms of Use for Digital Products on KEMECON
Monitoring

KEMECON reserves the right, but is not obligated, to monitor the content on www.KEMECON.com, including chat (text, video) and forums, to ensure compliance with this Agreement and any operating rules established by KEMECON, as well as to satisfy any law, regulation, or authorized government request. KEMECON may, at its sole discretion, edit, refuse to post, or remove any material submitted to or posted on www.KEMECON.com that it finds to be in violation of these Terms of Use and the Privacy Policy.

Copyrighted Materials

This website and all content contained within it are protected by copyright laws. Users may not reproduce these materials without prior written permission from KEMECON.

Licensing Restrictions

Users agree to adhere to all licensing rules or restrictions outlined by the owners of respective works contained within the KEMECON website.

Blog Site Submissions

Submissions to the blog site must adhere to the following rules:

  1. The article's content must be informative.
  2. Content that is offensive, disrespectful, discriminatory, or sexual in nature will be deleted.
  3. Mentioning or promoting your brand is allowed except in the following cases:
    • oIf your product or service niche violates the third restriction.
    • oIf your services cause a conflict of interest, e.g., services similar to ours.
  4. Articles or content must be well-written, with proper grammar, punctuation, and spelling.
  5. Commentaries on articles are allowed, but abusive language within submissions and responses will not be tolerated.
Materials Provided to KEMECON.com or Posted on Any KEMECON Web Page

KEMECON does not claim ownership of the materials you provide to KEMECON.com (including feedback and suggestions) or post, upload, input, or submit to any KEMECON Site or associated services (collectively "Submissions"). However, by posting, uploading, inputting, providing, or submitting your Submission, you grant KEMECON, its affiliated companies, and necessary sublicenses permission to use your Submission in connection with the operation of their Internet businesses, including, but not limited to, the rights to copy, distribute, transmit, publicly display, publicly perform, reproduce, edit, translate, reformat your Submission, and to publish your name in connection with your Submission.

No compensation will be paid with respect to the use of your Submission as provided herein. KEMECON is under no obligation to post or use any Submission you may provide and may remove any Submission at any time at KEMECON's sole discretion.

By posting, uploading, inputting, providing, or submitting your Submission, you warrant and represent that you own or otherwise control all rights to your Submission as described in this section, including, without limitation, all rights necessary for you to provide, post, upload, input, or submit the Submissions.

International Users

KEMECON operates and administers the Service from our offices in Canada. If you access the Service from outside Canada, you are responsible for adhering to all local laws. You agree not to use KEMECON Content accessed through KEMECONcareer.ca in any country or manner prohibited by applicable laws, restrictions, or regulations.

Indemnification

You agree to indemnify, defend, and hold harmless KEMECON, its officers, directors, employees, agents, and third parties from any losses, costs, liabilities, and expenses (including reasonable attorney's fees) arising from your use or inability to use the Site or services, any user postings you make, your violation of any terms of this Agreement, your violation of any third-party rights, or your violation of any applicable laws, rules, or regulations. KEMECON reserves the right, at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which case you will fully cooperate with KEMECON in asserting any available defenses.

Arbitration

If the parties cannot resolve any dispute arising out of or concerning these Terms and Conditions, such disputes shall be resolved exclusively by final and binding arbitration under the Federal Arbitration Act, conducted by a neutral arbitrator and administered by the Canadian Arbitration Association, or a similar service selected by the parties, at a mutually agreed location. The arbitrator's award shall be final, and judgment may be entered in any court with jurisdiction. The prevailing party in any legal or equitable action, proceeding, or arbitration arising out of or concerning these Terms and Conditions shall be entitled to recover costs and reasonable attorney's fees. The parties agree to arbitrate all disputes and claims relating to these Terms and Conditions, including tort claims. The Federal Arbitration Act governs the interpretation and enforcement of this provision, which shall survive the termination of these Terms and Conditions.

Class Action Waiver

All arbitration under these Terms and Conditions will occur on an individual basis. Class arbitrations and class/representative/collective actions are not permitted. The parties agree that claims against each other may only be brought in an individual capacity, not as a plaintiff or class member in any collective or representative proceeding. Unless both parties agree otherwise, the arbitrator may not consolidate more than one person's claims or preside over any collective proceeding.

Liability Disclaimer

The information, software, products, and services included on or available through the Site may contain inaccuracies or typographical errors. Periodic updates are made to the information herein. KEMECON and its suppliers may make improvements and changes to the Site at any time.

KEMECON and its suppliers make no representations regarding the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics on the Site for any purpose. To the maximum extent permitted by applicable law, all such information, software, products, services, and related graphics are provided "as is" without warranty or condition of any kind. KEMECON and its suppliers hereby disclaim all warranties and conditions with regard to this information, software, products, services, and related graphics, including all implied warranties or conditions of merchantability, fitness for a particular purpose, title, and non-infringement.

To the maximum extent permitted by applicable law, KEMECON and its suppliers shall not be liable for any direct, indirect, punitive, incidental, special, consequential damages, or any damages whatsoever, including without limitation, damages for loss of use, data, or profits, arising out of or in any way connected with the use or performance of the Site, the delay or inability to use the Site or related services, the provision of or failure to provide services, or for any information, software, products, services, and related graphics obtained through the Site, or otherwise arising out of the use of the Site, whether based on contract, tort, negligence, strict liability, or otherwise, even if KEMECON or its suppliers have been advised of the possibility of damages. Some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, so the above limitation may not apply to you. If you are dissatisfied with any part of the Site, or with any of these terms, your sole and exclusive remedy is to discontinue using the Site.

Termination/Access Restriction

KEMECON reserves the right, in its sole discretion, to terminate your access to the Site and related services or any portion thereof at any time, without notice. To the maximum extent permitted by law, this agreement is governed by the laws of the Province of Manitoba, and you consent to the exclusive jurisdiction and venue of courts in Manitoba for all disputes arising out of or relating to the use of the Site. Use of the Site is unauthorized in any jurisdiction that does not give effect to all provisions of these Terms, including, without limitation, this section.

You agree that no joint venture, partnership, employment, or agency relationship exists between you and KEMECON as a result of this agreement or use of the Site. KEMECON's performance of this agreement is subject to existing laws and legal process, and nothing in this agreement is in derogation of KEMECON's right to comply with governmental, court, and law enforcement requests or requirements regarding your use of the Site or information provided to or gathered by KEMECON concerning such use. If any part of this agreement is determined to be invalid or unenforceable pursuant to applicable law, including, but not limited to, the warranty disclaimers and liability limitations set forth above, the invalid or unenforceable provision will be deemed superseded by a valid, enforceable provision that most closely matches the intent of the original provision, and the remainder of the agreement shall continue in effect. Unless otherwise specified, this agreement constitutes the entire agreement between the user and KEMECON regarding the Site and supersedes all prior or contemporaneous communications and proposals, whether electronic, oral, or written, between the user and KEMECON regarding the Site. A printed version of this agreement and any notice given in electronic form shall be admissible in judicial or administrative proceedings based on or relating to this agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. It is the express wish of the parties that this agreement and all related documents be written in English.

Changes to Terms

KEMECON reserves the right, in its sole discretion, to change the Terms under which KEMECONcareer.ca is offered. The most current version of the Terms will supersede all previous versions. KEMECON encourages you to periodically review the Terms to stay informed of our updates.

Contact Us

KEMECON welcomes your questions or comments regarding the Terms:

KEMECON Solutions
Unit103-1021 Court Ave
Winnipeg MB R2P1V7
Canada

Email Address:
info@kemecom.com