La Job Terms of Service

Introduction

By using the La Job app or service (as defined below), you are agreeing to be bound by the following terms and conditions (the “terms of service”, “terms”, or “agreement”).

La Job and the developer C. Forbes (“La Job”, “we”, “us”, “our”, or “administration”) provides the services rendered to you through the La Job website available at https://www.christophe.ca/lajob and through any of its web pages and associated applications which may be available on multiple devices, including mobile applications (“service”, “software”, or “app”).

You must read, agree with, and accept all of the terms and conditions contained or expressly referenced in these Terms of Service, including the Privacy Policy before you may sign up for an account or use any service.

By using our services, you confirm that:

1. You will only use our services for business and professional reasons;
2. You are at least 18 years old or otherwise able to enter into a legally binding agreement;
3. You accept and will comply with this agreement;
4. If you are using our services as a representative of an organization, you have the power to enter into legally binding agreements for the organization; and
5. You are responsible for anyone that uses our services through your account, such as your employees, consultants or contractors (“authorized users”).

You may print a copy of these terms for your records and we highly recommend you do so. These terms remain effective from the date of acceptance until terminated by you or us in accordance with this agreement.

In some countries there exist legal and/or other restrictions on usage of the app and/or downloading, installing and/or using of products, portions of products, software which are or might be available through the service. It is your responsibility to ensure that you comply with all applicable legal restrictions in your jurisdiction.

Terminology

While some terms are defined elsewhere, this section sets out the definitions of some key terms.

“Content” or “materials” is a generic term that means all information and data (such as text, images, photos, videos, audio and documents) in any format that is uploaded to, downloaded from or appears on our services.

“Services”, “software” or “app” means our websites (and all its current and future subdomains), and mobile applications, and any services that you access or purchase through our websites or mobile applications.

“You”, “your”, “customer”, “user”, and similar terms mean the person or legal entity accessing or using the services. For the avoidance of doubt, if you are accessing and using the services on behalf of a company (such as your employer) or other legal entity, “you”, “your”, “customer” or “user” means the company or other legal entity that you are using the services on behalf of.

Free Mode

We provide a free mode during which you can use all features of the service to a maximum of 3 searches/detail NOC views per calendar day according to your time zone.

Payment & Refunds

Our services are provided through the Apple App Store on a paid subscription basis. Our rates for services are listed in the app and on the App Store. We reserve the right to modify its rates at any time and/or to offer special promotions. We cannot issue refunds for services; Apple reserves this ability for themselves only. We do not send invoices to its customers (since we do not bill you); Apple reserves this ability for themselves only. You have confidential access to your account balance information through the App Store. If you have a billing dispute, you must contact the App Store to seek a remedy.

New Features and Modifications to Terms of Service

We may from time to time introduce new features to the service or modify or delete existing features. We will post any new or modified features when they become available, as well as any new or modified terms of this agreement. Any new or modified terms will become effective for your use of the service upon the earlier of (i) your use of a new or modified feature to which the new or modified term relates or (ii) the date of your next App Store bill payment.

We reserve the right to modify or terminate the services for any reason, without notice at any time.

We may make changes to these terms of service from time to time and we will publish the changes at this link: https://christophe.ca/lajob/terms.html. We reserve the right to update and change the terms of service. The changes will be effective when published. You acknowledge and agree that your express acceptance of the terms of service or your use of the services after the date of publication shall constitute your agreement to the updated terms of service.

Please review the terms of service from time to time for any updates or changes that may impact you, and if you do not accept such amendments, you must cancel your use of the service in accordance with the conditions set forth below.

Cancellation

You may discontinue service at any time by contacting the App Store. You will not be entitled to any refund of unused balances if you discontinue service. Additionally, you will remain responsible for payment of all charges for services rendered up through the date you discontinue service.

Limited License

We grant to the end user a limited, non-sublicensable, non-exclusive and revocable license to access and make use of La Job, the mobile applications and the materials solely in accordance with, and subject to, these terms and any other of our policies as said in La Job.

Except as otherwise expressly permitted by these terms, you may not: collect, use, copy or distribute any portion of La Job or the materials; resell, publicly perform or publicly display any portion of the materials; modify or otherwise make any derivative uses of any portion of La Job, the mobile applications or the materials; use any “deep-link,” “page-scrape,” “robot,” “spider” or other automatic device, program, algorithm or methodology which perform similar functions to access, acquire, copy, or monitor any portion of La Job; use La Job in a manner which results in the depletion of web site infrastructural resources; download (other than page caching) any portion of La Job, the materials or any information contained therein or use La Job or the materials other than for their intended purposes.

Notices and Claims

Administration may give notice of a claim of copyright infringement to our users by means of a general notice on the services, electronic mail to a user’s email address in our records, or by written communication sent by mail. In accordance with the applicable law, administration has adopted a policy of terminating, in appropriate circumstances and at the sole discretion of administration, account holders who are deemed to be repeat infringers. Administration may also at its sole discretion limit access to the services of La Job and/or terminate the accounts of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.

If you believe that anything on the services infringes upon any copyright which you own or control, you may send a notification of such infringement to: lajobpro+infringement [at] gmail [dot] com .

Right to Refuse Service

We reserve the right to refuse service to anyone, anywhere, anytime, for any reason. Such as, but not limited to: using the app for unintended purposes, using an unreasonable amount of resources, or abuse of the terms, as defined solely by us at our discretion.

Terminations of Terms

Without limiting other remedies, La Job may suspend or terminate this agreement with you, or may terminate or suspend your use of the services at any time if: (a) you are in default of these terms of service; (b) you are engaged in illegal actions, or infringe proprietary rights, rights of privacy, or intellectual property rights of any person, or any third party rights, or otherwise create risk or possible legal exposure for us; (c) required by applicable laws/regulations and within the time limits as required by such laws/regulations; (d) you are using La Job as not originally intended; (e) you are abusing or otherwise causing extreme usage of La Job services or resources, determined at our sole discretion; (f) we decide to cease offering the services generally.

Upon termination of these terms of service: (a) all licenses and rights to use the services shall immediately terminate; (b) you will immediately cease any and all use of the services. Any suspension or termination of these terms will not affect your obligations to the administration under these terms (including, without limitation, proprietary rights and ownership, indemnification and limitation of liability, confidentiality), which reasonably are intended to survive such suspension or termination. We reserve the right to change or modify any provisions of these terms or guidelines governing your use of the services, at any time in our sole discretion and without liability to users. Any such changes or modifications will be effective immediately upon posting of revisions on La Job. Your continued use of the services following the posting of such changes or modifications constitutes your acceptance of the terms. Therefore, you should frequently review these terms or guidelines of La Job in order to understand the terms and conditions applicable to your use of the services. If you do not agree to any changes or modifications to these terms or to any applicable policies or guidelines, your sole recourse is to stop using the services.

Disclaimer of Warranties and Limitation of Liability

Your use of the services is at your sole risk. The services are provided on an “as is” and “as available” basis without any warranty or condition, express, implied or statutory, with respect to the services including, without limitation, warranties or conditions of quality, performance, non-infringement, merchantability, or fitness for use for a particular purpose. Administration further does not represent or warrant that the content or the services will always be available, accessible, uninterrupted, timely, secure, accurate, complete and error-free or will operate without packet loss, nor does administration warrant any connection to or transmission from the Internet.

If we are unable to provide the services as a result of force majeure, we will not be in breach of any of its obligations towards you under these terms of service.

You expressly understand and agree that, to the extent permitted by applicable laws, the administration shall have no liability whatsoever and not be liable for any direct, indirect, incidental, special, consequential or exemplary damages, including but not limited to, damages for loss of profits, goodwill, use, data or other intangible losses resulting from the use of or inability to use the service. Your only right or remedy with respect to any problems or dissatisfaction with such services is to immediately cease use of services.

To the extent permitted by applicable laws, in no event shall the administration or our suppliers be liable for lost profits or any special, incidental or consequential damages arising out of or in connection with our site, our services or these terms of service (however arising including negligence). You agree to indemnify and hold us and (as applicable) our parent, subsidiaries, affiliates, partners, officers, directors, agents, employees, and suppliers harmless from any claim or demand, including reasonable attorneys’ fees, made by any third party due to or arising out of your breach of these terms of service or the documents it incorporates by reference, or your violation of any law or the rights of a third party.

If you breach this agreement or violate our rights or another person’s rights, we may ask a court to stop you; if we bring a claim against you, you will reimburse us for our reasonable legal fees for that claim.

Privacy and Data Protection

We are committed to respecting your privacy and the confidentiality of your personal information. By using the service, you acknowledge and agree that our collection, usage and disclosure of this personal information is governed by our Privacy Policy found at this link: https://christophe.ca/lajob/privacy.html. Please read it carefully before starting usage of the services.

Feedback and Reviews

We welcome any ideas and/or suggestions regarding improvements or additions to the services. Under no circumstances shall any disclosure of any idea, suggestion or related material or any review of the services (collectively, “feedback”) to us be subject to any obligation of confidentiality or expectation of compensation. By submitting feedback to us (whether submitted directly to us or posted on any of our hosted forums or pages), you waive any and all rights in the feedback and that we are free to implement and use the feedback if desired, as provided by you or as modified by us, without obtaining permission or license from you or from any third party.

Miscellaneous

These terms of service constitute relationship between you and the administration with respect to your use of the services. If any provision of these terms of service (or part of it), is found by any court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, then such provision (or part of it) shall be removed from the terms of service without affecting the legality, validity or enforceability of the remainder of the terms.

The failure by the administration to exercise, or delay in exercising, a legal right or remedy provided by these terms of service or by law shall not constitute a waiver of the administration’s right or remedy.

The terms of service shall be governed by and interpreted in accordance with the laws of the province of Québec and the laws of Canada applicable therein, without regard to principles of conflicts of laws. The United Nations Convention on Contracts for the International Sale of Goods will not apply to these terms of service and is hereby expressly excluded.

It is agreed by all parties that the exclusive jurisdiction and venue of any action with respect to the subject matter of these terms will be the provincial courts located in the district of Montréal, Québec, Canada, and each of the parties hereto waives any objection to jurisdiction and venue in such courts. However, we reserve the right to seek injunction relief in any jurisdiction when we deem it necessary.

These terms of service were drafted in English. We may provide you with a translation of the English language version of these terms of service. In the event of any inconsistency between a non-English version of these terms of service and the English version, the English version shall prevail.

You expressly acknowledge and agree that you have read these terms and understand all rights, obligations, terms and conditions set for La Job. By continuing to use the services you expressly consent to be bound by these terms of service you grant to the administration the rights set forth herein.