Terms of Use

User responsibilities

1. You must, at all times, abide by the terms and conditions of the current Privacy Policy, Terms of Use, and other policies of Fintros. This includes respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights. You must not upload or otherwise disseminate any information that may infringe on the rights of others or which may be deemed to be injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Fintros and its community of Users. You agree also to act with decency towards any other User and not to spam, hack or phish us and / or any User.

2. You will not aggregate, repurpose, republish or otherwise make use of any Content in any medium, including without limitation by any automated or non-automated “scraping”.

3. You must not make use of any services, automated or otherwise, including but not limited to bots, botnets, scripts, apps, plugins, extensions or other automated means to boost the level of activity of your profile beyond what a human could reasonably produce under the same constraints. This includes also attempting to interfere with and compromise system integrity and security.

4. You will not upload invalid or illegal data, viruses, worms or other software agents through the Service.

5. You will not collect and make inappropriate use of any personally identifiable information, including account names, from the Service. You will also not use our Site to post false or fraudulent information about a company or individual.

6. You will not engage in any form of commercial activity by using Content acquired by accessing our Service. Similarly, you will not engage in any commercial activity linked to giving access to third parties to your Service access.

7. You agree not to violate any requirements, procedures, policies or regulations of networks connected to Fintros

8. You agree to not violate any law or regulation, and you are responsible for such violations.

9. You agree not to cause, or aid in, the destruction, manipulation, removal, disabling, or impairment of any portion of our Site, including the de-indexing or de-caching of any portion of our Site from a third party’s website, such as by requesting its removal from a search engine.

10. You will not upload any Content to our Site that includes any third party intellectual property unless you have permission from the owner to use it in the specific manner that you used it.

Our limitations on liability

1. We are not liable for any contractual obligation arising between the candidate and the employer who use our Site and Service.

2. We are not liable for the Content that is posted on our Site. Fintros is not liable to third parties for any Content that has been posted or viewed on the Site or Service.

3. We do not investigate into candidate’s profiles and backgrounds beyond the level of information that we are provided by the candidates. We retain the right to conduct screenings using public information but we shall never be considered liable for failed knowledge of information.

4. We are not required to screen any of the information that is uploaded or goes through our Site. We retain the right to remove, screen or edit any Content at any time and for any reason without any notice to you or any party affected.

5. We shall not be liable, in any event, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with the Agreement for any indirect, incidental, special, exemplary, or consequential damages, including without limitation any loss of profits, sales, business, or revenue, loss or corruption of data, information or software, loss of business opportunity, loss of anticipated savings and loss of goodwill.

6. In no event will Fintros be liable to an employer for more than the fees paid by the employer for their current contract during which employer first asserts a claim arising out of or related to a Job Offer made by employer to a candidate.

7. We shall have no liability to you for any breach of these terms caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs or other industrial disputes; breakdown of systems or network access; or flood, fire, explosion or accident.

Intellectual Property Rights

All copyright, trademarks, design rights, patents and other intellectual property rights therein (registered and unregistered) are owned by or licensed to Fintros, subject to copyright and other intellectual property rights under Canadian and foreign laws and international conventions. Fintros reserves all of its rights in and to the Service and Site. Nothing in the Agreement grants you a right or license to use any trademark, design right or copyright owned or controlled by Fintros or any other third party except as expressly provided in the Agreement.

Licensing to Fintros

You hereby grant to Fintros a license to use and reuse all or any part of your Content (“Your Content”) and anything we may make with Your Content through Fintros or any other medium currently invented or invented in the future. We reserve the right to display advertisements in connection with Your Content. While we try to make sure that the Site is secure, we cannot guarantee the security of any information that you supply to us and therefore we cannot guarantee that it will be kept confidential. We may, at our discretion, remove any information that you uploaded on or through the Service. By submitting any Content to us, you hereby represent and warrant that you own all rights to Your Content or, alternatively, that you have the right to give us the license described above. Finally, you represent and warrant that Your Content does not infringe on the intellectual property rights, privacy rights, publicity rights, or other legal rights of any third party. You understand that when using the Site and / or the Service you will be exposed to Content from a variety of sources, and that Fintros is not responsible for the accuracy, usefulness, safety, or intellectual property rights of or relating to such Content, and that such Content is not the responsibility of Fintros. You further understand and acknowledge that you may be exposed to Content that is inaccurate, offensive, indecent, or objectionable, and you agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against Fintros with respect thereto, and agree to indemnify and hold Fintros harmless to the fullest extent allowed by law regarding all matters related to your use of the Site.

Disclaimer of Warranties

1. The materials on Fintros's web site are provided "as is". Fintros makes no warranties, expressed or implied, and hereby disclaims and negates all other warranties, including without limitation, implied warranties or conditions of merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights. Further, Fintros does not warrant or make any representations concerning the accuracy, likely results, or reliability of the use of the materials on its Internet website or otherwise relating to such materials or on any sites linked to this site.

2. Fintros parties make no warranty, representation or condition that:

   • the Site or Service is accurate, up-to-date and free of bugs at all times. Also, we cannot guarantee that the Site or Service will meet your requirements;

   • your use of the Site or Service will be uninterrupted, timely, secure or error-free;

   • the results that may be obtained from use of the Site or Service will be accurate or reliable;

   • any errors in the Site or Service will be corrected.

3. You agree that you are solely responsible for all of your communications and interactions with other users of the Site and Service

Indemnity

1. You undertake to fully indemnify and hold harmless, us from, against and in respect to any loss, damage, claim, obligation, liability, cost, expense (including, without limitation, attorneys’ and other professional’s fees, costs and expenses, court costs, settlements and disbursement) arising from:

   • your use of and access to the Site and Service;

   • your violation of any term of this Agreement;

   • your violation of any law and regulation;

   • your violation of any third party right, including without limitation any copyright, property, or privacy right; or

   • any claim that any of Your Content caused damage to a third party. This defense and indemnification obligation will survive this Agreement and your use of the Site and/or Service.

Communications Decency Act

We are aware that Content uploaded on our Site or Service is user generated and provided by third parties. Since third parties independently upload their Content to our Site and our Service, we are not liable for any defamatory Content posted on our Site if published by a third party. Although we may choose to edit or delete any clearly defamatory Content, we are not required to, and we reserve all defenses for such speech.

DMCA Notices

1. Fintros respects the intellectual property rights of others and expects its users to do the same. In accordance with the Digital Millennium Copyright Act of 1998, Fintros will respond expeditiously to claims of copyright infringement committed using the Site and / or Service

2. If you believe that Content residing or accessible on or through the Site or Service infringes a copyright, please send a notice of copyright infringement containing the following information:

   • identification of the work or material being infringed;

   • a description of the location on the Site or Service of the material that you claim is infringing;

   • your contact information, including name, address, telephone number, and email address

   • a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent or the law

   • a statement made under penalty of perjury that the information provided in the notice is accurate and that you are authorized to make the complaint on behalf of the copyright owner

   • a physical or electronic signature of a person authorized to act on behalf of the owner of the copyright that has been allegedly infringed

Applicable Law

This Agreement shall be governed in all respects, including validity, interpretation and effect, without regard to principles of conflicts of law, by the laws of the Province of Ontario.

Dispute Resolution

1. All disputes between Fintros and you arising out of or in relation to this Agreement (including any disputes related to the validity, interpretation or enforceability of this arbitration clause) shall be settled by arbitration under the rules of the Province of Ontario (the “Arbitration Rules”). The arbitral tribunal will consist of 3 (three) arbitrators, regardless of the number of the Parties involved, appointed in accordance with the Arbitration Rules. The Parties agree that, in case each Party appoints its arbitrator, the chairman of the panel will be appointed by the two party-appointed arbitrators. The award may be always challenged for breach of the substantial provisions applicable to the merit of the dispute.

2. The seat of the arbitration will be Toronto and will be conducted in the English language. The arbitral tribunal shall decide on the merits of the dispute with the substantive laws of the Province of Ontario, without regard to conflicts of law rules.

Force Majeure

You agree that we are not responsible to you for anything that we may otherwise be responsible for, if it is the result of events beyond our control, including, but not limited to, acts of God, war, insurrection, riots, terrorism, crime, labor shortages (including lawful and unlawful strikes), embargoes, postal disruption, communication disruption, failure or shortage of infrastructure, shortage of materials, or any other event beyond our control.

Severability

If any provision of this Agreement is held to be invalid or unenforceable, it shall not invalidate any of the remaining provisions of this Agreement. If two or more provisions of this Agreement are deemed to conflict with each other’s operation, Fintros shall have the sole right to elect which provision remains in force.

Non Waiver and Assignment

Fintros's failure to enforce a provision is not a waiver of its right to do so later. You may not assign any of your rights under these Terms, and any such attempt will be void. Fintros may assign its rights to any of its affiliates or subsidiaries, or to any successor in interest of any business associated with the Service.

Termination

Fintros may terminate or suspend your access to or ability to use any and all Services immediately, without prior notice or liability, for any reason or no reason, including but not limited to any breach of the terms or conditions of this Agreement. In particular, Fintros may immediately terminate or suspend accounts that have been flagged for repeat copyright infringement.

If you wish to terminate this Agreement, you may do so by notifying Fintros at any time and closing your account for the Service. Your notice should be sent in writing, in accordance with Section 21 below. Termination of the Agreement may result in the immediate deletion of any Content that you have submitted to Fintros. Fintros will not have any liability whatsoever to you for any suspension or termination, including for deletion of Your Content. All provisions of this Agreement which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, success fee provisions, warranty disclaimers, indemnity and limitations of liability.

Notice

Where Fintros requires that you provide an e-mail address, you are responsible for providing Fintros with your most current e-mail address. In the event that the last e-mail address you provided to Fintros is not valid, or for any reason is not capable of delivering to you any notices required or permitted by this Agreement, Fintros’s dispatch of the e-mail containing such notice will nonetheless constitute effective notice.

Entire Agreement

Without prejudice to the provisions expressly set forth herein, this Agreement is the final, complete and exclusive agreement between the parties with respect to the subject matter hereof and replaces any previous understanding, discussion and/or letter of intent executed by the Parties in relation to such subject matter.

User Data

1. Agreement / Basic Terms
   

   By using or accessing Fintros’ website, or any portion of the website, you agree to Fintros' terms of use as outlined in this statement. These terms govern your access to and use of the services. You are entitled to access and use Fintros' services only if you accept and comply with these terms. If you do not want to register an account with Fintros, do not enter into this agreement, do not click “Get Started,” and do not access, view or otherwise use any of Fintros' information or services. By clicking “Get Started” you acknowledge that you have read and understood the terms and conditions of this agreement and that you agree to be bound by its provisions.

2. Where your Data is Made Available

   By using or accessing Fintros’s website, or any portion of the website, you agree to Fintros’s terms of use as outlined in this statement. These terms govern your access to and use of the services. You are entitled to access and use Fintros’s services only if you accept and comply with these terms. If you do not want to register an account with Fintros, do not enter into this agreement, do not click “Join,” and do not access, view or otherwise use any of Fintros’s information or services. By clicking “Join” you acknowledge that you have read and understood the terms and conditions of this agreement and that you agree to be bound by its provisions.

3. How Long the Data is Retained for

   If you log in to your Fintros account on at least a yearly basis, your details may remain available on the Fintros system indefinitely and is available to be accessed by the Fintros Talent Team. If you do not log in and review your information on at least a yearly basis, you will be notified by email that your information is subject to removal from the system within one month of the date of the email. Removal may be avoided by logging on to your account at any point during that one-month period.

4. Removing your Personal Data

   If you'd like to remove your profile and resume / CV and terminate your membership, please email privacy@fintros.com with the subject 'Delete My Account'.

5. Information and Data from Fintros Provided by other Third Parties.

   Fintros makes every effort to ensure that the information available on the site is current and accurate. Fintros is not, however, responsible for the accuracy and integrity of data entered by, or referring to, third parties. This includes, but is not limited to, search assignment postings, search leads, external weblinks, resources, articles or secondary information.

6. Changes in Privacy Statement and Terms of Use

   Fintros reserves the right to modify or amend the Privacy Statement and Terms and Conditions at any time or for any reason. If this Privacy Statement is amended for any reason, Fintros will post it clearly on the web site so that you will always know what information we collect, use, and, under what circumstances, if any, we disclose it. If you have any queries about this Privacy Statement please contact us at privacy@fintros.com.

7. How your Personal Details are Safeguarded

   Fintros has taken reasonable precautions to prevent unauthorized access to Fintros.com services, including, but not limited to, the use of firewalls, and controlled distributions of passwords, and so on. Despite our reasonable efforts, no security measures are perfect or impenetrable. Please protect your own username and password from unauthorized use.

8. Uploading/Downloading Files from Fintros.com

   Fintros does not accept responsibility for any damage incurred as a result of a registered user’s decision to upload or download an attached document from the Fintros.com service. Documents include, but are not limited to, job descriptions and articles.

9. Cookies

   Fintros.com uses "cookies" to maximize the efficiency of your experience online. A cookie is a text file that is placed on your hard drive by a Web page server. Cookies are uniquely assigned to your computer and can be read only by a Web server in the domain that issued the cookie to you. A cookie informs the Web server that you have returned to a specific page. It ensures that your experience is personalized and that certain pieces of data are retained in order to make your experience as personalized and efficient as possible.

10. What is Required by You

    You must, at all times, abide by the terms and conditions of the current Privacy Policy, User Agreement, and other policies of Fintros. This includes respecting all intellectual property rights that may belong to third parties, such as trademarks or copyrights. You must not upload or otherwise disseminate any information that may infringe on the rights of others or which may be deemed to be injurious, violent, offensive, racist, or xenophobic, or which may otherwise violate the purpose and spirit of Fintros and its community of Members. You must keep your username and password confidential and not share it with others.