Conditions générales d’Adhésion
Conditions générales d’adhésion
IF YOU CHOOSE TO USE THE PHARMAHORIZONS.COM WEB SITE, YOU HEREBY ACKNOWLEDGE AND RECOGNIZE YOUR UNDERSTANDING OF THE TERMS AND CONDITIONS DETAILED HEREINAFTER AND IN MAKING USE OF THE PHARMAHORIZONS.COM WEB SITE, YOU ARE EXPRESSING YOUR IRREVOCABLE ACCEPTANCE OF ALL THE TERMS AND CONDITIONS CONTAINED HEREIN, WITHOUT ANY MODIFICATIONS AND/OR AMENDMENTS THERETO.
Intellectual Property And Proprietary Rights
The user hereby recognizes and acknowledges that Pharmahorizons Inc. is the owner of all intellectual property rights (including copyrights) with respect to the Pharmahorizons.com system and its content. Unless expressly provided for otherwise, content means all texts, pictures, sound, graphics, videos, the domain name and other data pertaining to Pharmahorizons web site.
Subject to the terms and conditions herein, Pharmahorizons Inc. hereby grants, only to registered member companies, a limited non-exclusive, non-sublicensable, non-assignable and non-transferable license to use the system in accordance with the terms and conditions herein. The transfer, sublicense, assignment or permission of use of the system or its content by a registered member company to any third party is strictly forbidden without the prior written permission from Pharmahorizons Inc.
The registered member company hereby undertakes to not copy, make use or otherwise distribute or transmit any data or other content of the system for any purpose other than that which is expressly provided for herein.
The registered member further recognizes that the system may include material or data which may contain proprietary notices from third parties, the registered member hereby undertakes and agrees to abide by said party’s copyright or proprietary notices.
Indemnification
All members, in addition to all unauthorized users, hereby expressly warrant and undertake that should any illicit use be effected with respect to Pharmahorizons’ intellectual property or the copyrights, or intellectual property or copyrights of a third party located on the Pharmahorizons.com web site, they shall indemnify and hold harmless Pharmahorizons with respect to any damages whether direct or indirect sustained by Pharmahorizons further to said unauthorized use and further to hold harmless and indemnify Pharmahorizons with respect to any claims by any third parties against Pharmahorizons for the illicit use of the trademarks and/or intellectual property rights, as they may avail. Should said illicit use be effected by an unauthorized user, said unauthorized member hereby acknowledges and recognizes that the mere fact of accessing the data and/or the content of the web site, constitutes, in itself, an illicit use and further acknowledges and recognizes its obligation to indemnify Pharmahorizons for any such damages as stated by Pharmahorizons.com
Waiver to Claim
The user hereby acknowledges that Pharmahorizons web site(s) may be subject to temporary shutdown due to causes beyond Pharmahorizons reasonable control and the user hereby renounces to any recourses or claims against Pharmahorizons Inc. resulting therefrom.
The user further renounces to any claims against Pharmahorizons, Inc. with respect to and/or arising from any hyperlinks or other connections to Pharmahorizons web site which are operated by parties other than Pharmahorizons. The user acknowledges and recognizes that Pharmahorizons does not warrant or endorse in any manner the content of any such connections or web sites. The user further acknowledges that Pharmahorizons does not warrant the accuracy of any and all information contained in the résumés submitted by prospective candidates.
The user hereby acknowledges and recognizes that Pharmahorizons has designed and created a direct link between qualified candidates and prospective employers without the intervention of a third party. As a result, PHARMAHORIZONS SHALL HAVE NO OBLIGATION OR LIABILITY OR RESPONSABILITY WITH RESPECT TO ANY DAMAGES WHATSOEVER, INCLUDING, BUT NOT LIMITED TO, INCIDENTIAL, SPECIAL, INDIRECT OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE SYSTEM AND, IN PARTICULAR, AND WITHOUT RESTRICTING THE GENERALITY OF THE FOREGOING, PHARMAHORIZONS SHALL BEAR NO LIABILITY FOR ANY USERS’ LOSS OF PROFIT OR MATERIAL DAMAGES, LOSS OF USE, DATA, ANTICIPATED REVENUE OR PROFIT, FAILURE TO REALIZE EXPECTED SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS, OR ANY PUNITIVE DAMAGES. THE WARRANTIES CONTAINED IN THIS AGREEMENT ARE IN LIEU OF ALL OTHER WARRANTIES, CONDITIONS AND GUARANTEES, EXPRESSED OR IMPLIED, BY STATUTE OR OTHERWISE INCLUDING ALL IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE IN ANY WAY RELATING TO THE CONTENT OF THE WEB SITE AND THE SERVICES SUPPLIED HEREUNDER.
Non-Authorized Use
ONLY AUTHORIZED USERS AND REGISTERED MEMBERS ARE PERMITTED TO POST CAREER OPPORTUNITIES ON PHARMAHORIZONS.COM AND TO ACCESS PHARMAHORIZONS WEB SITE. HEAD HUNTERS, RECRUITERS, EMPLOYMENT CONSULTANTS OR AGENCIES, PERSONNEL PLACEMENT AGENCIES, PROFESSIONAL SERVICES COMPANIES, EMPLOYMENT CONTRACTORS AND STAFFING AGENCIES OR ANY OTHER THIRD PARTY WHICH WISHES TO MAKE USE OF THE INFORMATION AND CONTENT OF THE SYSTEM FOR ANY PURPOSE OTHER THAN FOR A MEMBER COMPANIES’ OWN EMPLOYMENT OR STAFFING REQUIREMENTS IS STRICTLY PROHIBITED. Any party which make use of the system in such an illicit manner hereby acknowledges and recognizes that Pharmahorizons shall incur substantial damages resulting from said illicit use and said parties hereby undertake to indemnify Pharmahorizons Inc. directly for any material damages, loss of use, loss of data, loss of anticipated revenues or profit or failure to realize expected savings or other economic commercial loss suffered by or incurred by Pharmahorizons and said illicit user expressly recognizes that said damages may be difficult and/or impossible to quantify and therefore agrees to indemnify Pharmahorizons to a minimum of twenty thousand Canadian dollars ($20 000,00 CDN) in addition to all other quantifiable damages as evaluated by Pharmahorizons. The illicit user hereby agrees to personally indemnify Pharmahorizons Inc. and should said individual make said use for purposes of a third party corporation, he/she hereby declares that he/she was authorized to do so for and on behalf of said corporation and said third party corporation and the user personally shall be jointly and severally liable to Pharmahorizons for all damages resulting therefrom as provided for hereinabove.
Undertakings of the Registered Member
In all circumstances, the user hereby undertakes to:
Make use of the system for the sole purpose of posting career opportunities, using selection tools such at outsource candidate interviewing, conducting candidate searches in the Pharmahorizons data base, and accessing quotation for contract employment options and services. Detailed candidate information in résumés are only available to member employers upon the application of a candidate hence enabling candidates to shield their personal information unless directed to a specific employer. As a result, at no time may member companies search personal data such as names, locations or past history unless they obtain communication of a given candidate’s express permission;
Comply with the confidential nature of any given candidates résumé and make use of same strictly for internal hiring purposes;
To ensure that the content of the system remains integral and that no notices or terms and conditions as provided for in the system be deleted or otherwise modified or altered;
To ensure that no viruses or any other data which may have an nefarious effect with respect to the system be transmitted or posted;
Payment and Price
The registered member hereby agrees to pay Pharmahorizons Inc. in accordance with the price list schedules corresponding to its locality annexed hereto and in accordance with the terms and conditions contained therein; Candidates use the career search functions of Pharmahorizons at no cost.
Term
This Agreement shall remain in full force and effect for a term of one (1) year and shall be renewed each and every consecutive year thereafter unless either party provides a written notice to the other party of its intention to resiliate this Agreement thirty (30) days prior to the end of the term or renewal term. Upon termination, the registered member agrees to immediately discontinue access to the system and to remove any hyperlink, should they avail, and further acknowledges and recognizes that all postings effected by the registered member shall be removed by Pharmahorizons from the system at the expiry of said thirty (30) day delay.
Governing Law
This Agreement shall be governed and construed in accordance with the Laws of the Province of Quebec and the parties agree to submit to the exclusive jurisdiction of the Courts of the District of Montreal with respect to any cause of action arising herefrom.
The parties confirm that it is their wish that this Agreement be drawn in the English language. C’est d’un commun d’accord que le desire a été exprimé par les parties concerné en ce qui a trait de l’utilisation de l’anglais lors de la rédaction de cette entente.
Links to Other Sites
Pharmahorizons contains links to third party web sites. These links are provided solely as a convenience to users. The links are not an endorsement by Pharmahorizons Inc. of the contents on such third-party Web sites. The Company 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.
General
Pharmahorizons makes no claims that the Web Site materials may be lawfully viewed or downloaded outside of Canada. Access to the Materials may not be legal by certain persons or in certain countries. If you access the Web Site from outside of Canada, you do so at your own risk and are responsible for compliance with the laws of your jurisdiction.
Additional Terms of Use
Certain areas of this Web Site are subject to additional terms of use. By using such areas, you agree to be bound by the additional terms of use applicable to such areas.