Terms of Service

Acceptance of Terms

By accessing or using the New Canadian Careers platform at newcanadian.careers (the "Platform" or "Service"), you agree to be bound by these Terms of Service ("Terms"), our Privacy Policy, and all applicable laws and regulations. These Terms constitute a legally binding agreement between you and New Canadian Careers ("NCC," "we," "our," or "us").

These Terms apply to all visitors, users, and others who access or use the Platform, including candidates, employers, recruitment agencies, and administrators. If you do not agree to all of these Terms, you must not access or use the Platform. If something is not clear, please write to us at [email protected].

By creating an account, you consent to receive all communications from NCC electronically, including account notifications, transactional messages, legal notices, and policy updates, via email or through the Platform. Electronic communications satisfy any legal requirement that such communications be in writing. You may withdraw this consent by closing your account, but doing so may affect your ability to use the Platform.

Definitions

• "NCC," "we," "our," or "us" refers to Scandium Technologies Corp., operating as New Canadian Careers, based in British Columbia, Canada.
• "Platform" or "Service" means the newcanadian.careers website, associated applications, APIs, and all services operated by NCC.
• "User" means any individual or entity that accesses or uses the Platform.
• "Candidate" means a User who creates a profile to search for and apply to jobs.
• "Employer" means a company or individual that uses the Platform to post job listings and recruit candidates.
• "Agency" means a recruitment agency that uses the Platform to post jobs and manage applicants on behalf of client employers.
• "Content" means any data, text, files, images, resumes, job listings, profiles, messages, or other materials submitted to the Platform.
• "Job Credits," "Subscription," or "Package" means paid features that enable Employers to post job listings or access premium services on the Platform.

Eligibility

To use the Platform, you must:

• Be at least 18 years of age, or the age of majority in your province or territory of residence, if that is higher. The Platform is intended solely for adults and may not be used by anyone below this age
• Be legally capable of entering into a binding contract under Canadian law
• If registering on behalf of a company or organization, have the authority to bind that entity to these Terms
• Not be a person who has been previously banned or removed from the Platform by NCC
• Not be located in a country subject to Canadian sanctions, or listed on any Canadian list of prohibited or restricted persons

The minimum age of employment in Canada varies by jurisdiction. Following amendments to the Canada Labour Code that took effect on June 12, 2023, the minimum age of employment in federally regulated industries is 18. Provinces and territories set their own minimums for provincially regulated work, generally with additional restrictions for younger workers. Regardless of the minimum working age where you live, the Platform is intended solely for adults: you must be at least 18 years old, or the age of majority in your province or territory, if that is higher, to create an account or use this Platform. For current standards, visit canada.ca/employment-standards.

Description of Service

New Canadian Careers is a job board platform that connects job seekers (particularly newcomers to Canada) with employers and recruitment agencies. Our services include:

• Job posting and applicant management for employers
• Job search, profile creation, and application tools for candidates
• Job posting and applicant management for recruitment agencies on behalf of their clients
• Job matching based on a candidate's job preferences and saved searches
• Analytics and reporting tools for employers

NCC acts as a platform facilitating connections between candidates and employers. We do not create or endorse job listings posted by employers or profile information provided by candidates, and we are not required to verify them. NCC is not an employer, employment agency, or recruiter.

NCC does not guarantee employment, interviews, job applications, or any particular outcome from using the Platform.

NCC may use algorithms and automated tools to match candidates with job listings based on the job preferences in their profile and their saved searches. These matches are provided for informational purposes only. NCC does not guarantee the accuracy, relevance, completeness, or suitability of any match. You should independently evaluate all job listings and candidate profiles before making any hiring or application decisions.

User Accounts

To access certain features of the Platform, you must register for an account. When you register, you agree to:

• Provide accurate, current, and complete information during registration
• Maintain and promptly update your account information to keep it accurate
• Maintain the confidentiality and security of your password and login credentials
• Accept responsibility for all activities that occur under your account
• Immediately notify NCC of any unauthorized access to or use of your account

You may maintain only one account per individual or entity. You must not share your account credentials with any third party. Multiple accounts for the same individual or entity may be merged or terminated at NCC's discretion.

Where enabled, you may register or sign in using a third-party identity provider such as Google or LinkedIn. Your use of that provider is governed by its own terms and privacy policy, and you remain responsible for the security of the third-party account you use to access the Platform. How we handle the information we receive from these providers is described in our Privacy Policy.

Employer Obligations

Employers who post job listings on the Platform agree to the following obligations:

• All job listings must comply with applicable Canadian federal, provincial, and territorial employment and human rights legislation, including the Canadian Human Rights Act and applicable provincial human rights codes
• Job listings must not discriminate on the basis of race, national or ethnic origin, colour, religion, age, sex, sexual orientation, gender identity or expression, marital status, family status, genetic characteristics, disability, or conviction for an offence for which a pardon has been granted
• All positions posted must comply with applicable federal and provincial Employment Standards Acts, including but not limited to minimum wage requirements, maximum hours of work, overtime pay, vacation entitlements, statutory holiday pay, and termination notice requirements
• Employers must not post positions that require candidates to pay fees, purchase products, or make financial investments as a condition of employment. Positions that are commission-only, unpaid (except bona fide internships meeting legal requirements), or that require upfront costs from the candidate are prohibited
• Where compensation is disclosed, it must reflect the actual pay the candidate will receive. Employers must not advertise misleading salary ranges, withhold mandatory deductions information, or misrepresent employment type (full-time vs. contract, employee vs. independent contractor)
• Employers must not exploit a candidate's immigration status, language barriers, or unfamiliarity with Canadian workplace norms. This includes, but is not limited to, offering compensation below applicable minimum wage, misrepresenting a candidate's rights, or requiring work that violates occupational health and safety legislation
• Employers must accurately represent the role, compensation, location, working conditions, and requirements in every job listing
• Job listings must represent genuine, currently open positions. Employers must not post listings for the purpose of collecting resumes, conducting market research, or any purpose other than active recruitment
• Employers are solely responsible for their hiring decisions and for compliance with all applicable employment, immigration, privacy, and human rights laws
• Employers must handle all candidate personal information received through the Platform in compliance with PIPEDA and applicable provincial privacy legislation

NCC reserves the right to remove any job listing that violates these obligations, or that NCC determines, in its sole discretion, to be inappropriate, misleading, harmful, or otherwise objectionable, without notice or refund.

Prohibited Job Listings

The following types of job listings are strictly prohibited on the Platform. NCC may remove any such listing without notice and may suspend or terminate the posting employer's account.

Deceptive and Exploitative Schemes

• Multi-level marketing (MLM), network marketing, or direct sales recruitment
• Pyramid schemes or any arrangement where compensation is primarily derived from recruiting others rather than selling products or services
• Positions requiring candidates to pay fees, purchase products, make deposits, or invest money as a condition of employment or training
• Positions that are entirely or almost entirely commission-based without a guaranteed base wage that meets applicable provincial minimum wage requirements
• Franchise, distributorship, or business opportunity sales disguised as employment
• Positions offering compensation solely in equity, cryptocurrency, gift cards, housing, or other non-monetary forms

Fraudulent and Misleading Postings

• Fake job listings posted without a genuine, currently open position to fill
• Listings posted for the purpose of harvesting resumes, collecting personal information, or conducting market research
• Listings with intentionally misleading job titles, descriptions, compensation, or location information
• Listings for positions at a company other than the posting employer without clear disclosure of the staffing or agency relationship
• Duplicate or substantially identical postings for the same role intended to manipulate search results or visibility

Illegal and Harmful Content

• Positions involving illegal activities or requiring the candidate to break any Canadian federal, provincial, or territorial law
• Adult entertainment, escort services, or sexually explicit content
• Positions requiring candidates to surrender their passport, identity documents, or other personal documents to the employer
• Positions that require workers to misclassify their employment status (e.g., treating employees as independent contractors to avoid employment standards obligations)
• Positions offering compensation below applicable federal or provincial minimum wage

Non-Compliant Postings

• Listings that discriminate on any ground prohibited by the Canadian Human Rights Act or applicable provincial human rights codes
• Listings that include "Canadian experience" as a requirement where prohibited by applicable provincial legislation
• Unpaid positions, except bona fide educational practicums that meet all applicable provincial requirements
• Listings that fail to include salary or wage information where required by provincial pay transparency legislation (e.g., British Columbia)
• Listings that include another person's personal information, or another company's name, logo, or trademarks without its permission
• Non-job content such as training programs, educational courses, events, or advertisements

Platform Integrity

• Listings designed to circumvent NCC's search, ranking, or quality systems
• Listings posted by unauthorized third parties without a valid agency or staffing relationship with the hiring employer
• Listings that contain links that are deceptive, unrelated to the job, or used to collect personal information outside a genuine application

Other Prohibited Listings

• Mystery shopping assignments
• Casting calls, auditions, modeling, acting, or talent management opportunities
• Medical or scientific research participation, solicitation of human body parts, or reproductive services (including egg donation and surrogacy)
• Market research services, survey collection, or paid opinion participation
• Listings that require candidates to submit a photograph or video as part of the application process
• Listings that require candidates to visit, follow, like, or share content on social media platforms as a condition of applying
• Listings containing keywords, tags, or job titles that are unrelated or irrelevant to the actual position

This list is not exhaustive. NCC reserves the right to remove any listing that it determines, in its sole discretion, violates the spirit of these Terms or is harmful to our users.

Candidate Obligations

Candidates who use the Platform agree to the following obligations:

Truthfulness and Accuracy

• All profile information, resumes, credentials, language test scores, professional certifications, and application materials must be accurate, truthful, complete, and not misleading
• Candidates must not fabricate, falsify, or embellish their qualifications, degrees, certifications, work history, job titles, employment dates, or the nature of their responsibilities at previous employers
• Candidates must not misrepresent their language proficiency, credential assessment results (WES, IQAS, or equivalent), NOC classification, or professional licensing status
• Candidates must not use fraudulent, forged, or altered documents, including but not limited to fake degrees, fabricated reference letters, or doctored credential assessment reports
• If NCC or an employer discovers that a candidate has submitted falsified information, NCC may immediately and permanently terminate the candidate's account, notify affected employers, and retain records of the violation

International Work Experience

• Candidates are encouraged to include work experience from any country in the world. International work history, education, certifications, and professional achievements are valued on this Platform and should be presented fully and accurately
• When listing international experience, candidates should specify the country, duration, role, and employer. Where applicable, candidates should note any Canadian equivalency assessments (WES, IQAS, or provincial bodies) they have obtained

Proper Use

• Candidates must not apply for positions for which they have no genuine interest or reasonable qualification, or for the purpose of data harvesting, competitive intelligence, or any purpose other than genuine employment
• Candidates must keep their profile information current and must promptly update it when their circumstances change
• Candidates must not use the Platform to solicit employers for commercial services unrelated to employment
• Candidates must not use bots or scripts to submit applications, or submit false or fabricated content, however it was produced
• Candidates must not include external URLs or links in their applications or messages that direct employers away from the Platform, except for professional portfolio links (e.g., GitHub, LinkedIn) in designated profile fields, or when applying through the job's own application link or email set by the employer

When you apply to a job listing through the Platform, you authorize NCC to transmit your application materials (including your profile information, resume, credentials, cover letter, and any other information you include) to the relevant employer via automated processing. You acknowledge that once transmitted, your application materials are subject to the employer's own data handling practices and privacy policy.

Prohibited Conduct

You agree not to use the Platform to:

• Post false, misleading, fraudulent, or deceptive content of any kind
• Discriminate against any person based on protected characteristics under Canadian law
• Harass, abuse, threaten, stalk, or intimidate other users or NCC staff
• Use automated tools, bots, scrapers, crawlers, or other automated means to access, collect data from, or interact with the Platform
• Reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code of the Platform
• Collect, harvest, or aggregate user data without express written consent from both the user and NCC
• Interfere with, disrupt, or impose an unreasonable burden on the Platform, its servers, or connected networks
• Post or transmit malware, viruses, trojans, or other harmful or malicious code
• Attempt to gain unauthorized access to other users' accounts, NCC systems, or connected networks
• Impersonate any person or entity, or falsely state or misrepresent your affiliation with a person or entity
• Send unsolicited commercial messages to other users in violation of CASL
• Post content that infringes on any third party's intellectual property, privacy, or other rights
• Circumvent any technical measures we use to provide or protect the Platform
• Include external URLs, links, or redirects in job listings, applications, messages, or profile content that direct users away from the Platform, except the job's own application link or email set by the employer, the employer's official company website in the designated company profile field, or professional portfolio links (e.g., GitHub, LinkedIn) in designated profile fields
• Violate any applicable federal, provincial, territorial, or local law or regulation

Violation of this section may result in immediate account suspension or permanent termination without prior notice and without refund of any fees paid.

Content and Intellectual Property

Your Content: You retain ownership of all Content you submit to the Platform, including resumes, job listings, profile information, and messages. By posting Content, you grant NCC a worldwide, non-exclusive, royalty-free, sublicensable, transferable license to use, reproduce, modify, display, and distribute your Content solely in connection with operating and promoting the Platform. This license survives termination of your account to the extent necessary (for example, for cached or archived copies, or Content previously shared with employers).

You represent and warrant that you own or have the necessary rights, licenses, and permissions to all Content you submit, and that your Content does not infringe any third party's intellectual property rights, privacy rights, or other legal rights.

Our Content: The Platform and its original content (excluding user-submitted Content), features, functionality, design, source code, trademarks, and branding are and remain the exclusive property of New Canadian Careers and its licensors. The Platform is protected by copyright, trademark, and other intellectual property laws of Canada and international treaties.

You may not copy, modify, distribute, sell, license, or create derivative works from any part of our Platform or its content without our express written permission. NCC may edit (for example, for formatting, clarity, or length) or remove any Content on the Platform at any time, for any reason, without notice.

Feedback. If you provide NCC with suggestions, ideas, feedback, or recommendations regarding the Platform or its features ("Feedback"), you grant NCC a perpetual, worldwide, non-exclusive, irrevocable, royalty-free license to use, reproduce, modify, and incorporate the Feedback into the Platform or any other products or services without obligation, compensation, or attribution to you.

Aggregate Data. NCC may create anonymized, aggregated, or de-identified data derived from your use of the Platform. Such data does not identify any individual and may be used by NCC for any lawful purpose, including analytics, research, service improvement, and reporting.

Third-Party Trademarks. Company names, logos, brand names, and trademarks displayed on the Platform (including in employer profiles, job listings, and promotional sections) are the property of their respective owners. Their display on the Platform does not imply any endorsement, sponsorship, affiliation, or partnership between those companies and NCC unless explicitly stated. NCC claims no ownership of third-party trademarks. If you are a trademark owner and believe your mark is being used improperly on the Platform, please contact us at [email protected].

Intellectual Property Complaints

NCC respects the intellectual property rights of others. If you believe that content on the Platform infringes your copyright, you may send a written notice to us at [email protected]. Canada's notice-and-notice regime under the Copyright Act (sections 41.25 to 41.27) governs copyright infringement notices involving online intermediaries. Your notice should include:

• Identification of the copyrighted work or intellectual property you claim has been infringed
• Identification of the material on the Platform that you claim is infringing, with sufficient detail for us to locate it
• Your contact information (name, address, email, phone number)
• A statement that you have a good faith belief that the use of the material is not authorized by the rights owner, its agent, or the law
• A statement that the information in your notice is accurate and that you are the rights owner or authorized to act on their behalf
• Your physical or electronic signature

NCC may review the notice and, where appropriate, remove the content. You may be held liable for damages if you materially misrepresent that content is infringing.

Payment, Subscriptions, and Credits

Certain features of the Platform, including job posting, require payment. By purchasing a subscription, job credits, or package, you agree to the following:

• Currency and Taxes: All prices are stated in Canadian dollars (CAD) unless otherwise indicated. Prices are exclusive of applicable taxes (GST, HST, PST, or other sales taxes), which will be calculated and added at checkout based on your billing address.
• Subscriptions: Subscriptions automatically renew at the end of each billing period (monthly or annual) at the then-current rate unless you cancel before the renewal date. You will be charged on the same calendar date each billing cycle.
• Cancellation: You may cancel your subscription at any time through your account settings. Cancellation takes effect at the end of the current billing period. You will retain access to paid features until the end of the period you have already paid for. There are no pro-rated refunds for partial billing periods.
• Job Credits: Job posting credits are valid for the period specified at purchase. Unused credits may expire as stated at the time of purchase. Credits are non-transferable between accounts.
• Payment Processing: We never store your full card number, CVV, or PIN. Payments are handled by our payment processor, Stripe. We keep only the card type and last four digits for receipts and billing. Your use of Stripe is subject to Stripe's Terms of Service and Privacy Policy.
• Failed Payments: If a payment fails, we may pause your access to paid features until the payment is made. We may let you know about the failed payment.
• Orders: You confirm that you are authorized to use the payment method you provide. We may refuse or cancel an order, and refund it, if a price or description was shown in error, the service is unavailable, or we suspect fraud or an unauthorized transaction.
• Price Changes: NCC may change prices for subscriptions, credits, and packages at any time. For existing subscribers, a new price starts at the next renewal date. Where the law requires it, we will tell you about a price increase before it applies to you.

Refund Policy

• Non-Refundable: All purchases of job posting credits, one-time packages, and other paid features are final and non-refundable once purchased, except as specifically described below.
• Subscriptions: There are no refunds for partial billing periods after cancellation. Cancellation takes effect at the end of the current billing period.
• Technical Issues: If a documented, verifiable technical defect in the Platform prevented you from using your purchased credits or features as intended, you may request a credit or refund within 30 days of the incident by contacting [email protected]. NCC may review the request and, at its discretion, add a credit to your account or refund your original payment method.
• Chargebacks: If you initiate a chargeback or payment dispute with your bank or payment provider without first contacting NCC to resolve the issue, we reserve the right to immediately suspend your account and pursue recovery of the disputed amount plus any associated fees.
• Discretionary Exceptions: NCC may, at its sole discretion, grant refunds or credits in circumstances not covered above. Any such exception does not create a precedent or ongoing obligation.

Privacy

Your use of the Platform is governed by our Privacy Policy, which describes how we collect, use, disclose, and protect your personal information in accordance with PIPEDA and BC PIPA.

By using the Platform, you acknowledge and agree that NCC may collect and process your personal information as described in the Privacy Policy. You consent to the collection, use, and disclosure of your personal information as outlined therein.

Service Availability

We work to keep the Platform running, but we do not promise that it will always be available or free of errors. The Platform may be temporarily unavailable due to:

• Planned maintenance (we may give notice when we can)
• Unscheduled maintenance required to address security vulnerabilities or critical issues
• Infrastructure failures affecting our hosting providers, content delivery networks, or third-party services
• Cyberattacks, distributed denial-of-service (DDoS) attacks, or other malicious activity targeting the Platform or its infrastructure
• Events beyond our reasonable control (see Force Majeure section below)

NCC does not offer any service level agreement (SLA) or uptime guarantee. We do not provide compensation, credits, or refunds for periods of service unavailability, whether scheduled or unscheduled.

You acknowledge that your access to the Platform depends on third-party infrastructure and services (including cloud hosting, payment processing, email delivery, and internet connectivity) that are outside of NCC's direct control. NCC is not liable for any downtime, data loss, or service degradation caused by the failure or unavailability of these third-party services.

Security and Your Responsibilities

NCC takes reasonable technical and organizational steps to protect the Platform and your data. But no system connected to the internet is completely secure. You acknowledge and accept the inherent risks of transmitting information online.

Your Security Responsibilities

You are responsible for:

• Maintaining the confidentiality of your login credentials and not sharing them with any third party
• Using a strong, unique password for your NCC account
• Logging out of your account when using shared or public devices
• Promptly notifying NCC at [email protected] if you suspect unauthorized access to your account
• Keeping your contact information current so we can reach you in the event of a security incident
• Ensuring that any data you download from the Platform (e.g., candidate applications, job listings) is stored and handled securely and in compliance with applicable privacy law

Shared Responsibility

Security is a shared responsibility. NCC takes reasonable steps to protect the Platform. You are responsible for securing your account credentials and any data you export from the Platform. NCC is not liable for unauthorized access to your account that results from your failure to maintain the confidentiality of your login credentials, your use of weak or reused passwords, or your failure to enable available security features.

No Guarantee

We take reasonable security steps (as described in our Privacy Policy), but we do not warrant or guarantee that the Platform is immune to unauthorized access, data breaches, malware, ransomware, or other cyber threats. You use the Platform with the understanding that absolute security cannot be guaranteed.

Data Backups

NCC may keep backups of Platform data. However, NCC does not guarantee the availability, completeness, or recoverability of any specific data. You are encouraged to maintain your own copies of important data you submit to the Platform.

Termination and Suspension

By NCC: We may, at our sole discretion and without prior notice or liability, suspend, restrict, or permanently terminate your account and your access to the Platform for any reason, including but not limited to:

• Breach of these Terms or any other NCC policy
• Fraudulent, illegal, or harmful activity
• Posting misleading, discriminatory, or offensive content
• Abuse or harassment of other users or NCC staff
• Failure to pay applicable fees when due
• Activity that poses a security risk to the Platform or its users
• Prolonged account inactivity (24 months or more without login)
• At the request of law enforcement or a governmental authority

By You: You may terminate your account at any time through your account settings or by contacting us at [email protected].

Effect of Termination: Upon termination of your account:

• All rights and licenses granted to you under these Terms cease immediately
• Any unpaid fees remain due and payable
• If terminated by NCC for cause (violation of Terms), unused job credits and remaining subscription time are forfeited without refund
• If you terminate voluntarily, your subscription access continues until the end of the current billing period
• Your personal data will be handled as described in our Privacy Policy, subject to legal retention requirements
• The following sections survive termination: Definitions, Content and Intellectual Property, Intellectual Property Complaints, Refund Policy, Disclaimers, Limitation of Liability, Indemnification, Dispute Resolution, Governing Law, Force Majeure, and General Provisions

Disclaimers

NCC is a platform that facilitates connections between candidates and employers. NCC is not an employer, recruiter, staffing agency, or employment agency. NCC does not participate in, and is not a party to, any employment relationship between candidates and employers.

NCC may review users, job listings, applications, credentials, company profiles, or other content on the platform, but is not required to. Any review does not mean NCC has verified or endorses that content. NCC makes no representations or warranties regarding the accuracy, completeness, legality, or reliability of any content posted by users.

The platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, or statutory, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

NCC does not warrant that: (a) any candidate will receive an interview, job offer, or employment; (b) any employer will receive qualified applicants; (c) the platform will be uninterrupted, error-free, or secure; or (d) any information provided by users is accurate, complete, or truthful. You use the platform at your own risk. All hiring and employment decisions are made solely by the relevant employer and candidate.

NCC is not liable for any damage, loss, or harm arising from: (a) unauthorized access to or alteration of your data or transmissions; (b) deletion, corruption, or failure to store any content or data maintained on the platform; (c) any interruption, suspension, or termination of the platform, whether intentional or unintentional; (d) any bugs, viruses, trojan horses, or similar harmful code that may be transmitted to or through the platform by any third party; (e) actions or inactions of third-party service providers, including hosting providers, payment processors, and email delivery services; or (f) any loss or damage incurred as a result of your failure to maintain the security of your account credentials.

Certain Platform features are AI-assisted (for example, resume parsing, summaries, skill suggestions, resume-to-job tailoring, and applicant-tracking scoring). AI-generated output may be inaccurate, incomplete, or unsuitable for your circumstances and is provided to assist you, not to replace your own judgment. You are responsible for reviewing and verifying any AI-assisted output before relying on it, and all hiring and application decisions remain solely yours. How information submitted to these features is processed is described in our Privacy Policy.

Limitation of Liability

To the maximum extent permitted by applicable law, New Canadian Careers and its officers, directors, employees, agents, affiliates, successors, and assigns shall not be liable for any indirect, incidental, special, consequential, exemplary, or punitive damages, including but not limited to: loss of profits, revenue, data, or business opportunities; loss of employment or business opportunity; reputational harm; emotional distress; or damages arising from unauthorized access to your account or data.

In plain words: if you use NCC without paying us, you cannot claim money from us. If you have paid us, the most you can claim is the amount you paid us in the last 12 months or CAD $100, whichever is less. This applies as far as the law allows.

To the maximum extent permitted by applicable law: (a) if you have not paid any fees to NCC, NCC has no liability to you for any claim arising out of or relating to these terms or the platform; and (b) if you have paid fees to NCC, NCC's total aggregate liability for all claims arising out of or relating to these terms or the platform shall not exceed the lesser of (i) the total fees you paid to NCC in the twelve (12) months immediately before the event giving rise to the claim, and (ii) one hundred Canadian dollars (CAD $100).

This limitation applies regardless of the form of action, whether in contract, tort (including negligence), strict liability, or otherwise, and even if NCC has been advised of the possibility of such damages. Some jurisdictions do not allow the exclusion or limitation of certain damages, so some of the above limitations may not apply to you.

Without limiting the foregoing, NCC shall have no liability for any loss, damage, or claim arising from: (a) a data breach or security incident caused by a third party, including cyberattacks, hacking, or malware; (b) service interruptions or outages caused by events beyond NCC's reasonable control; (c) the actions or omissions of third-party service providers used by NCC; (d) your failure to implement reasonable security practices for your account; or (e) any force majeure event as described in these Terms.

NCC's sole obligation in the event of a data breach shall be to comply with its notification obligations under applicable Canadian privacy law (PIPEDA and BC PIPA), as described in our Privacy Policy. NCC does not assume liability for consequential damages arising from security incidents, to the maximum extent permitted by applicable law. Any liability NCC does have for a data breach or security incident is subject to the same limits set out above: none for users who have paid no fees, and for paying users, no more than the lesser of the fees paid in the prior twelve (12) months and CAD $100.

Nothing in these Terms excludes or limits any right or remedy you may have under applicable consumer-protection law that cannot lawfully be excluded or limited.

Indemnification

You agree to indemnify, defend, and hold harmless New Canadian Careers, its officers, directors, employees, agents, and affiliates from and against any and all claims, demands, damages, losses, liabilities, costs, and expenses (including reasonable legal fees and disbursements) arising from or related to: (a) your use of the Platform; (b) your violation of these Terms or any applicable law or regulation; (c) Content you submit to the Platform; (d) your violation of any third party's rights, including intellectual property or privacy rights; (e) your interactions with other users on or off the Platform; or (f) your hiring, employment, or contracting decisions (for employers and agencies). This indemnification obligation survives the termination of your account and these Terms. Nothing in this section increases NCC's own liability, which remains limited as set out in the Limitation of Liability section.

Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or the Platform, the parties agree to the following process:

• Negotiation: The parties shall first attempt to resolve the dispute through good-faith negotiation for a period of thirty (30) days from the date written notice of the dispute is delivered.
• Mediation: If the dispute is not resolved through negotiation, the parties agree to submit the dispute to non-binding mediation in Vancouver, British Columbia, before a mutually agreed-upon mediator.
• Arbitration or Litigation: If mediation is unsuccessful, either party may pursue binding arbitration administered in Vancouver, British Columbia, under the rules of the Vancouver International Arbitration Centre, or may bring the matter before the courts of British Columbia.
• Small Claims: Either party may bring individual claims in the small claims court of British Columbia for disputes within that court's monetary jurisdiction.

You agree to resolve all disputes with NCC on an individual basis. You waive any right to bring or participate in a class action, collective action, or representative proceeding against NCC. If the law where you live does not allow any part of this section to apply to you, that part does not apply to you, and the rest of this section still applies.

Governing Law

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles.

Any disputes not subject to the dispute resolution process described above shall be resolved exclusively in the courts of competent jurisdiction located in Vancouver, British Columbia, Canada. You irrevocably consent to the personal and exclusive jurisdiction of such courts.

Force Majeure

NCC shall not be liable for any failure or delay in performing its obligations under these Terms where such failure or delay results from events, circumstances, or causes beyond NCC's reasonable control, including but not limited to:

• Natural disasters (earthquakes, floods, hurricanes, tsunamis, volcanic eruptions, wildfires)
• Epidemics, pandemics, or public health emergencies
• Acts of war, armed conflict, terrorism, insurrection, or civil unrest
• Government actions, sanctions, embargoes, regulations, or orders
• Cyberattacks, hacking, ransomware, distributed denial-of-service (DDoS) attacks, or other malicious cyber events targeting the Platform, its infrastructure, or its service providers
• Failure or degradation of third-party services, including cloud hosting providers, content delivery networks, domain registrars, payment processors, and email delivery services
• Telecommunications failures, internet outages, or infrastructure failures beyond NCC's network
• Power outages or electrical grid failures
• Labour disputes, strikes, or lockouts (other than those involving NCC's own employees)
• Supply chain disruptions affecting hardware, software, or services required to operate the Platform
• Any other event beyond NCC's reasonable control that could not have been reasonably foreseen or prevented

During a Force Majeure event, NCC's obligations under these Terms are suspended for the duration of the event. NCC will use commercially reasonable efforts to resume normal operations as soon as practicable. If a Force Majeure event continues for more than ninety (90) consecutive days, either party may terminate the agreement by providing written notice.

A Force Majeure event does not relieve you of your obligation to pay fees that accrued before the event or to comply with the terms that are not affected by the event.

General Provisions

Severability. If any provision of these Terms is held to be unenforceable, invalid, or illegal by a court of competent jurisdiction, that provision shall be modified to the minimum extent necessary to make it enforceable, or if modification is not possible, severed from these Terms. The remaining provisions shall continue in full force and effect.

Waiver. The failure of NCC to exercise or enforce any right or provision of these Terms shall not constitute a waiver of that right or provision. A waiver of any breach shall not constitute a waiver of any subsequent breach.

Entire Agreement. These Terms, together with the Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and NCC regarding the Platform and supersede all prior agreements, understandings, and communications, whether written or oral. If you have a separate signed agreement with NCC, it applies alongside these Terms and governs where the two conflict. In accepting these Terms, you have not relied on any statement or promise that is not written in them.

Assignment. You may not assign or transfer your rights or obligations under these Terms without NCC's prior written consent. NCC may assign its rights and obligations under these Terms without restriction.

Language. These Terms are drafted in English. In the event of any conflict between the English version and any translation, the English version shall prevail.

Third-Party Links. The Platform may contain links to third-party websites or services that are not owned or controlled by NCC. NCC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party websites or services. You access third-party links at your own risk.

Changes to Terms and Pricing

NCC may change or replace these Terms at any time. When we do, we will update the "Last updated" date above. For important changes, we may also tell you by email or with a notice on the Platform, and we will give any notice the law requires.

Your continued use of the Platform after the effective date of revised Terms constitutes your binding acceptance of those changes. If you do not agree to the revised Terms, you must stop using the Platform before the effective date.

Pricing: NCC may change its pricing, packages, credit structures, and feature availability at any time. For active subscribers, price changes will take effect at the next billing renewal date. Where the law requires it, NCC will give notice of price changes. Existing prepaid credits remain valid under the terms in effect at the time of purchase.

Contact Information

If you have questions about these Terms, please contact us: