Last Modified: 10 June 2022
Willing People Inc. (“Willing People”, “we”, “Kibbi”) provide the Kibbi application located athttps://mykibbi.com/ and as may be available through third party providers (the “Platform”). We provide the Platform for job seekers and recruiters in Canada. These Terms of Use constitute a legally binding agreement (the “Terms” or “Agreement”) between you (“You”) and Willing People Inc. dba Kibbi App, an Alberta corporation, its parents, subsidiaries, representatives, affiliates, officers, and directors (collectively “Kibbi”) governing Your use of the Kibbi application (the “Application”), websites (including https://mykibbi.com/), software, and technology platform (collectively, the “Services”).
ACCEPTANCE OF THE PLATFORM TERMS AND CONDITIONS OF USE
THROUGH CONTINUED USE OR VIEWERSHIP OF THE PLATFORM AND THE USE OF ITS PRODUCTS OR SERVICES, YOU (“YOU”, “USER”) AGREE TO BE BOUND BY THIS TERMS OF SERVICE (“AGREEMENT”) AND THE OBLIGATIONS AND REQUIREMENTS SET FORTH HEREIN.
The Agreement constitutes a legal contract entered between Willing People (trading name Kibbi) and any users. The following terms and conditions, together with any documents and/or additional terms that are expressly incorporated by reference, govern your right to use the Platform and the conditions that may apply to your use of the Platform. If the Agreement or any terms of the Agreement are unacceptable to you, you must cease using the Platform immediately.
By using this Platform, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with Willing People and if a job seeker, are legally allowed to work in Canada. Anyone under the age of 14 is prohibited from using this Platform and anyone age 14 and over must be accompanied and monitored by an adult who has full responsibility for ensuring compliance with this Agreement. If you do not meet all these requirements, you must not access or use the Platform. If you are using the Platform on behalf of a company or organization, you represent that you have authority to act on behalf of that entity, and that such entity accepts this Agreement.
IMPORTANT MESSAGE TO JOBSEEKERS
Jobseekers have to be legally authorized to work in Canada to create a profile and apply for jobs on our platform. To access some features of the Service, You must register for an account. When you register for an account, you may be required to provide us with some information about yourself (such as your name, mailing address, work history, e-mail address, phone number, profile image, or other contact information). You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. You also agree that you will be the only user of this account and that you will not share your sign-in information, including password and security question answers, with anyone.
You must use your real name and all the information you give us must be truthful and honest at all times. We do not verify the accuracy or completeness of any information submitted to or through our Platform, and thus we cannot guarantee the identity of the other users you may communicate with. Any User Content (defined under the User Content section) or information transmitted through the Platform is the sole responsibility of the user from which such user Content or information originated, and Kibbi is not liable for any omissions or errors. We also do not guarantee the authenticity of the data that users provide about themselves or relationships they may describe.
You have choices about your User Content, including the information you include on your profile, such as (but not limited to) your background, education, work experience, skills, photograph(s) and/or location., Such User Content helps you to get more from our Platform, including matching you to opportunities. It is your choice whether to include sensitive information or other User Content on your profile. Our Privacy Policy[AR1] https://mykibbi.com/privacy-policy describes in detail what information we capture and how we use it.
IMPORTANT MESSAGE TO RECRUITERS
To post job listings and assess other features of the Platform, you must register for an account[AR2] . When you register for an account, you may be required to provide us with some information about your organization. You agree that the information you provide to us is accurate, current, and complete, and that you will keep it up-to-date at all times. You also represent that you are authorized on behalf of your organization to use this account. Representatives of Kibbi and its partners may contact you to confirm information or to request additional documents. Kibbi may send emails to inform you of any changes that may affect your use of its Platform.
Kibbi only accepts job postings from employers that are registered with Canada Revenue Agency. Job postings can be advertised on Kibbi for 30 calendar days at a time. It is up to you to extend the job posting if the position is still vacant. Kibbi may limit the advertisement duration of job postings. Kibbi may share your job posting with other job boards, affiliations and partners.
Kibbi will not advertise job postings that don’t comply with employment standards and human rights laws.
Kibbi will also decline or suspend any job posting it deems to be offensive, discriminatory, or otherwise inappropriate.
Kibbi reserves the right to refuse or remove any job listing that does not meet the terms of this Agreement or that Kibbi otherwise finds to be inappropriate, in its sole discretion.
Kibbi may immediately suspend your account access and employer file and refer the case to the authorities for any reason that it reasonably considers could affect the safety of job seekers and the integrity of the website.
The types of jobs or job posts that are prohibited from our platform include but are not limited to the following:
- Job posts must not be misleading, deceptive, or fraudulent.
- Job posts must not promote employment opportunities that involve illegal activity, products, or services. The list includes all Illegal criminal activities, use, sale, or service of illegal drugs, human trafficking, counterfeit documents, or currency.
- Job posts must not discriminate against applicants based on any protected characteristics, including, but not limited to, race, ethnicity, color, national origin, religion, age, sex, sexual orientation, gender identity, family status, disability, medical or genetic condition or any other basis protected under federal, state or local law.
- Job posts that contain gender-specific titles violate our jobs discrimination policies.
If an employer would like to indicate a desire for diverse applicants, the employer may indicate that protected groups are welcome to apply as part of an overall message that all applicants are welcome.
-Job posts must not promote employment opportunities in a sexually suggestive manner. All posts that include explicit sexual language, implied sexual acts and images with implied nudity are prohibited.
-Job posts must not promote employment opportunities that require adult services or the use of adult products. We do not allow posts from escort services, jobs that involve sex toys, sexual enhancement products or involve videos, publications or live shows that are sexual in nature or involve nudity.-
-Job posts must not solicit personal identification or financial information from any potential applicants including credit card information, bank account information, or government-issued ID information.
- Job posts must not promote employment opportunities for business models that offer quick compensation for little investment, including multilevel marketing opportunities or pyramid schemes.
- Job posts for the purposes of recruiting replacement workers during a labour dispute are prohibited.
- Job posts must not impersonate a brand, company, entity, or public figure. This includes falsely representing an association with a business.
-Job posts for jobs that pay only commissions must make it clear in the job post that commission are the only source of income and clearly describe the product or services to be sold.
-Job listings must be for employer-employee relationships and pertain to immediate job vacancies. Duplicate job postings are prohibited. Job postings that require unpaid training or fees as a condition of employment are prohibited.
MODIFICATIONS TO THE AGREEMENT AND PLATFORM
Kibbi reserves the right, in our sole discretion, to revise and update this Agreement and any aspect of the Platform from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review the terms of service to be aware of any such modifications and your continued use shall be your acceptance of these.
The website, assets, copy, information, and material on the Platform may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Platform is restricted to users or unavailable at any time or for any period.
SAFE USE OF THE PLATFORM
The security of your personal information is important to us and we use various measures to secure your personal information from accidental loss and unauthorized use. However, the safety and security of your information also depends on you. Users are responsible for obtaining their own access to the Platform. Users are required to ensure that all persons who access the Platform through a user's internet connection are aware and comply with this Agreement.
Unfortunately, the transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to Kibbi. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Platform. The Platform may from time to time contain links to third-party websites or resources. We do not endorse and are not responsible or liable for the availability or accuracy of such third-party services, or the content, products, or services available from such third-party services. Your provision of registration information and any submissions you make to the Platform through any functionality such as applications, chat rooms, e-mail, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, direct messaging, and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy https://mykibbi.com/privacy-policy . Jobseekers can share their resumes by providing a link in their profiles. We do not limit views of these links,which means that anyone with access to the profile will be able to link to the resume.
Included in certain Interactive Functions is the ability to communicate with others. We cannot guarantee the accuracy, quality or integrity of information exchanged by users or otherwise provided by users on the Platform. We are not liable for any content, delays, errors, omissions, loss or damage incurred as a result of your use of our Platform, including from or based on your communications with other users. Kibbi is not responsible for incomplete, lost, late, undelivered or misdirected messages between users of our platform.
Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer or phone or tablet so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you, and you agree not to provide any other person with access to the Platform or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.
Kibbi may immediately suspend your account access and/or recruiter/employer file if:
You have not followed this Agreement;
If your user account is suspected of being accessed by someone else;
If information you provide is not true, accurate and current;
For any reason that Kibbi reasonably considers could affect the safety of job seekers and the integrity of the Platform.
You are prohibited from attempting to circumvent and from violating the security of the Platform, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services and otherwise disrupting Kibbi’s owner's ability to monitor the Platform; (f) using any robot, spider, or other automatic device, process, or means to access the Platform for any purpose, including monitoring or copying any of the material on the Platform; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Platform via a denial-of-service (DOS) attack, distributed denial-of-service (DDOS) attack, flooding, mailbombing, or crashing; (i) attempting to lure other users off the Platform or using the Platform in connection with the distribution of unsolicited commercial messages; (j) copy, store or otherwise access or use any information, including personally identifiable information about any other user, contained on the Platform in any way that is inconsistent with our Privacy Policy https://mykibbi.com/privacy-policy or this Agreement or that otherwise violates the privacy rights of users or third parties and (k) otherwise attempting to interfere with the proper working of the Platform or Platform.
We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of this Agreement
INTELLECTUAL PROPERTY RIGHTS AND OWNERSHIP
You understand and agree that the Platform and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by Willing People, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.
Willing People, Kibbi, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Willing People or its affiliates or licensors. You must not use such marks without the prior written permission of Willing People. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on the Platform are the trademarks of their respective owners. Use of any such intellectual property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.
You may only use the Platform for your personal and non-commercial use unless you have a recruiter/employer account or otherwise enter into a partner or client agreement with Willing People]. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on the Platform, in any form or medium whatsoever; except your computer or browser may temporarily store or cache copies of materials being accessed and viewed and you may make temporary copies of information for your personal use.
Users are not permitted to modify copies of any materials from the Platform nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials. You must not access or use for any commercial purposes any part of the Platform or materials made available through Kibbi.
If you print, copy, download, transmit or distribute any part of our Platform in breach of this Agreement, your right to use the Platform will cease immediately and you must, at our option, return or destroy any copies of the materials or content you have made. You have no right, title, or interest in or to the Platform or to any materials or content on the Platform, and all rights not expressly granted are reserved by Willing People. Any use of the Platform not expressly permitted by this Agreement is a breach of this Agreement and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.
USER CONTENT
As a condition of your access and use of the Platform, you agree that you may use the Platform only for lawful purposes and in accordance with this Agreement.
There are various ways that users can provide content on the Platform, depending on the type of account. The following content standards apply to any and all such submissions or other content a user submits, posts, publishes, displays, or transmits (collectively “submit”) to the Platform, to other users or to other persons (collectively “User Content”) and any and all Interactive Functions. Any and all User Content must comply with all applicable federal, provincial, local, and international laws, regulations, and terms of service.
In many instances, users of the site will register. If registering, Users must register and operate on the Platform using their legal names and information. By registering for the Platform, you hereby warrant and undertake that the information you provide Kibbi during the registration process or update after registration is accurate and up-to-date. If any User Content becomes inaccurate after submission, the user hereby agrees to update the User Content as soon as reasonably practical.
Without limiting the foregoing, you represent and warrant and agree that your use of the Platform and any User Content shall not involve, provide, or contribute any false, inaccurate, or misleading information. User Content shall not impersonate or attempt to impersonate any other person or entity, nor shall it in any manner violate the terms of use of any third-party website linked to the Platform. User Content shall not include any material that is harmful, abusive, discriminatory, or otherwise objectionable, such determination to be made in the Company’s sole discretion. You acknowledge that we have no obligation to monitor the access to or use of the Platform by any specific user or to review, disable access to, or edit any User Content, but have the right to do so to (i) operate, secure and improve the Platform (including without limitation for fraud prevention, risk assessment, investigation and customer support purposes); (ii) ensure your compliance with this Agreement; (iii) comply with applicable law or the order or requirement of a court, law enforcement or other administrative agency or governmental body; (iv) respond to User Content that we determine is harmful or objectionable; or (v) as otherwise set forth in this Agreement. WE RESERVE THE RIGHT TO UNPUBLISH ANY USER CONTENT AT ANY TIME IF YOU ENGAGE IN ANY CONDUCT THAT WE BELIEVE IS ABUSIVE, THREATENING, DISHONEST, OR OTHERWISE DISRUPTIVE TO OUR COMMUNITY.
USER CONTENT: GRANT OF LICENSE
The Platform may contain Interactive Functions allowing User Content on or through the Platform. None of the User Content you submit to the Platform will be subject to any confidentiality by Kibbi. By providing any User Content, you grant us and our affiliates, service providers and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, monetize and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Content.
By submitting User Content, you declare and warrant that you either are the sole and exclusive owner of all User Content that you make available on or through the Platform or you have all rights, licenses, consents, and releases that are necessary to grant to us the rights in and to such User Content, as contemplated under this Agreement. By creating, uploading, posting, sending or otherwise making available any User Content on or through the Platform, you grant to us a non-exclusive, worldwide, royalty-free, irrevocable, perpetual, sub-licensable and transferable license to such User Content to access, use, store, copy, modify, prepare derivative works of, distribute, publish, transmit, stream, broadcast, and otherwise exploit in any manner such User Content to provide and/or promote the Platform, in any media or platform.
You understand and agree that you, not Willing People, nor Willing People’s, subsidiaries, affiliates, nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Content you submit, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Content submitted by you or any other user of the Platform.
PROHIBITED USES
Use of our Platform in the following ways is prohibited. This is not a complete or exhaustive list.
Providing any User Content that violates any laws, infringes the rights (including the intellectual property rights) of others, is defamatory or otherwise creates liability for us;
Copying our Platform or using our Platform to enable any service that is competitive with us;
Posting links to any third-party websites that are not employers through our Platform;
Scraping, scanning or otherwise using our Platform or any information or the meta-data associated therewith to collect or compile data about other users;
Reselling any information obtained from us or while using our Platform;
Attempting to compromise the integrity or security of the Platform in any way;
Decompiling, reverse engineering or disassembling the Platform in any way;
Reproducing, modifying, preparing derivative works based upon, distributing, licensing, leasing, selling, reselling, transferring, publicly displaying, publicly performing, transmitting, streaming, broadcasting or otherwise exploiting the Platform in any way except as expressly permitted by Kibbi;
Accessing the Platform using any automated processes (such as robots, spiders, etc.) for any reason;
Harassing, defaming or discriminating against anyone or any entity for any reason and/or engaging in conduct that causes harm in any form.
WE RESERVE THE RIGHTS TO UNPUBLISH ANY USER COTENT AT ANY TIME IF YOU ENGAGE IN ANY CONDUCT THAT WE BELIEVE IS ABUSIVE, THREATENING, DISHONEST, OR OTHERWISE DISRUPTIVE TO OUR COMMUNITY.
SITE MONITORING AND ENFORCEMENT, SUSPENSION, AND TERMINATION
Kibbi has the right, without provision of notice to:
Remove or refuse to post on the Platform any User Content for any or no reason in our sole discretion.
At all times, take such actions with respect to any User Content deemed necessary or appropriate in our sole discretion.
Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Platform or Platform. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Platform.
Terminate or suspend your access to all or part of the Platform for any or no reason, including, without limitation, any violation of this Agreement.
YOU WAIVE AND HOLD HARMLESS WILLING PEOPLE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY WILLING PEOPLE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER WILLING PEOPLE OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.
We have no obligation, nor any responsibility to any party to monitor the Platform or its use, and do not and cannot undertake to review User Content. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.
NO RELIANCE
The content on the Platform is provided for general information purposes only. It is not intended to amount to professional advice on which you should rely. You must obtain more specific, consideration or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Platform.
Although we make reasonable efforts to update the information on the Platform, we make no representations, warranties, or guarantees, whether express or implied, that the information on the Platform is accurate, complete, or up to date. Your use of the Platform is at your own risk and neither Willing People nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever for your use of the Platform.
The Platform may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Kibbi, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials or User Content do not necessarily reflect the opinion of Kibbi. Willing People nor its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.
PRIVACY
By submitting your personal information and using the Platform, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy https://mykibbi.com/privacy-policy .
By using the Platform, you are consenting to the use of cookies which are placed for marketing purposes, to optimize performance and to increase load times of the site, by allowing a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie, giving you the chance to decide whether to accept it. You can also set your browser to turn off cookies. If you do, however, some areas of the Platform may not function adequately. For more information on these automated information gathering practices, see Privacy Policyhttps://mykibbi.com/privacy-policy.
THIRD-PARTY WEBSITES AND LINKS
For your convenience, Kibbi may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from Kibbi. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.
GEOGRAPHIC RESTRICTIONS
The owner of the Platform is based in Alberta, Canada. We provide the Platform for use only by persons located in Canada. The Platform is not intended for use in any jurisdiction where its use is not permitted. If you access the Platform from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.
DISCLAIMER OF WARRANTIES
YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PLATFORM, ITS CONTENT, AND ANY . OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM IS AT YOUR OWN RISK. THE PLATFORM, ITS CONTENT, AND ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR SERVICE ARE PROVIDED ON AN ‘AS IS’ AND ‘AS AVAILABLE’ BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESS OR IMPLIED INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
NEITHER WILLING PEOPLE NOR ITS SUBSIDIARIES, AFFILIATES, OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS MAKE ANY WARRANTY, REPRESENTATION, OR ENDORSEMENT WITH RESPECT TO THE COMPLETENESS, SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PLATFORM OR ITS CONTENTS. WITHOUT LIMITING THE FOREGOING, NEITHER WILLING PEOPLE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS REPRESENT OR WARRANT THAT THE PLATFORM, ITS CONTENT, OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR PLATFORM OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR THE PLATFORM WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF THE PLATFORM AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF THE PLATFORM OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH THE PLATFORM OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.
LIMITATION ON LIABILITY
EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL WILLING PEOPLE NOR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORS BE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PLATFORM, ANY LINKED WEBSITES OR SUCH OTHER THIRD-PARTY WEBSITES, NOR ANY WEBSITE CONTENT, MATERIALS, POSTING, OR INFORMATION THEREON EVEN IF THE PARTY WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW.
INDEMNIFICATION
To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless Willing People, its parent, subsidiaries, affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to your breach of these Terms of Service or your use of the Platform, including, but not limited to, your User Content, third-party sites, any use of Willing People or Willing People’s content, services, and products other than as expressly authorized in these Terms and Conditions.
GOVERNING LAW AND CHOICE OF FORUM
The Platform and this Agreement will be governed by and construed in accordance with the laws of Alberta and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule. Any action or proceeding arising out of or relating to the Platform and under this Agreement will be instituted in the courts of Alberta and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts in any such action or proceeding. You waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.
WAIVER
Except as otherwise set forth in this Agreement, no failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from this Agreement operates, or may be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.
SEVERABILITY
If any term or provision of this Agreement is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of this Agreement or invalidate or render unenforceable such term or provision in any other jurisdiction.
ENTIRE AGREEMENT
This Agreement and our Privacy Policy https://mykibbi.com/privacy-policy constitute the sole and entire agreement between you and Willing People regarding the use and access of the Platform and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.
REPORTING AND CONTACT
This Platform is operated by Willing People Inc. of 400 53 Avenue SW, Calgary, AB, T2V 0B7
If you believe that someone is, through the use of our Platform, unlawfully infringing the copyright(s) in a work belonging to you or someone else, and you wish to have the allegedly infringing material removed, please advise us at legal@mykibbi.com. Further information will be required.
Should you become aware of misuse of the Platform including libelous or defamatory conduct, you must report it to Willing People at legal@mykibbi.com. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to support@mykibbi.com.
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