TERMS AND CONDITIONS FOR USE OF SITE
Please read these Terms and Conditions carefully before using this Site.
This web site,
www.amita.com (this "Site") is provided by AMITA Corporation ("AMITA"), conditional on your acceptance of the terms and conditions of use set forth below (the "Terms and Conditions"). By accessing, using, and/or downloading messages, information, data, text, software or images, or other materials from this Site (the "Materials"), and by sending messages, information, data, text, software or images, or other materials to the Site ("Content"), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or use Materials from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with AMITA. In case of inconsistency between these Terms and Conditions and any other agreement you may have with AMITA, the other agreement shall prevail, but only to the extent of the inconsistency. Changes to Terms and Conditions Changes to this Site Permitted and Prohibited Uses Proprietary Rights Links and Third Party Content Software Product and Industry Information Use of Cookies Agreement to Privacy Policy Disclaimers Limitation of Liability Indemnity Choice of Law Arbitration General Additional Terms of Use Privacy changes to terms and conditions
AMITA has the right, in its sole discretion,
to add to, remove, modify or otherwise
change any part of these Terms and
Conditions, including the Privacy Policy, in
whole or in part, at any time. Changes will
be effective when notice of such change is
posted at this Site. Please check these
Terms and Conditions frequently for updates
by checking the date of "Last Update" at the
top of this document. If any change is not
acceptable to you, you must discontinue your
use of this Site immediately. Your continued
use of this Site or downloading or use of
Materials from it after any such changes are
posted will constitute acceptance of those
changes.
changes to this site
AMITA may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features, at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the "Services") or any features thereof; (iii) removing, adding, modifying or otherwise changing any Materials on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. AMITA reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
permitted and prohibited uses
You agree to use the Site only to send Content and receive Materials that are proper and related to purpose of the Site.
Subject to these Terms and Conditions, AMITA grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Materials thereon, solely for your own personal use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Materials downloaded, the copyright or other proprietary notices contained in the Materials; (ii) sell, reproduce, modify or attempt to modify the Materials in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Materials on any other web site; (iii) transfer the Materials to any other person without the written consent of AMITA; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person's use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Content that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site's infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Materials in whole or in part; (x) use or attempt to use another's account, password, service, system or other information without prior written authorization from AMITA; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
You may post certain Content to the Site. You may only post Content for the lawful, stated purposes of this Site. You agree, that in posting Content, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate biographical information or information which is not your own accurate resume; (ii) delete or revise any material posted by any other person or entity; (iii) post or transmit any Content that is unlawful, harmful, threatening, abusive, harassing, defamatory, libelous, vulgar, obscene, or tortious or materials which infringe or violate any third party's copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (iv) impersonate any person or entity, including without limitation a AMITA employee or agent, an authorized user of AMITA' Services, a Candidate, an Employer or a Employer, or otherwise misrepresenting your affiliation with any person or entity.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Content and Materials. AMITA will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
AMITA reserves the right at all times to disclose any Content provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Content, in whole or in part, that in AMITA' sole discretion is objectionable or in violation of these Terms and Conditions.
proprietary rights
Limited License and Copyright. This Site, including all Materials, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Materials. Except as expressly provided herein, AMITA does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of AMITA.
Trademarks and Service Marks
The trademarks, logos and service marks ("Marks") displayed on this website are the property of AMITA or other third parties. Users are not permitted to use these Marks without the prior written consent of AMITA or such third party which may own the Mark.
All other trademarks mentioned in this website are the property of their respective owners. The use of the word partner does not imply a partnership relationship between AMITA and any other company.
Reservation of Rights.
AMITA' Services, methods and processes may be covered by one or more patents or other statutory intellectual property rights, and are subject to trade secret and other proprietary rights. AMITA reserves all such rights.
links and third party content
Certain links on this Site may take you to other web sites. AMITA provides these links only as a convenience. These linked sites are not necessarily under the control of AMITA. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
AMITA is not responsible for the contents of any such linked page or any other page not under its control. AMITA makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing thereon or any of the products or services described. Links do not imply that AMITA sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of AMITA.
software
Any software, as well any files, images, code and data accompanying such software (the "Software"), used or accessible through this Site is the copyrighted work of AMITA or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
product and industry information
Information AMITA publishes on the World Wide Web may contain references or cross references to AMITA products and services that are not announced or available in your country. Such references do not imply that AMITA intends to announce such products, programs or services in your country. Consult your local AMITA business for information regarding the products and services which may be available to you.
how we use cookies and other tracking technologies
Cookies are pieces of information that a website creates for record-keeping purposes which are stored by your browser on your computer’s hard drive. Cookies can make your experience on the Internet more useful by storing information about your preferences and choices on our Site. This enables us to customize delivery of information and advertisements. If you choose not to allow cookies, you can usually change your browser to prevent cookies. You should note, however, that disabling cookies may limit your ability to access all of the services otherwise made available on our Site.
agreement to privacy policy
You agree to abide by AMITA' Privacy Policy, which is incorporated by reference into these Terms and Conditions.
disclaimers
You acknowledge that any use of or reliance on this Site or any Materials shall be at your sole risk. AMITA makes no representation or warranty of any kind regarding the Site and/or the Materials, including with respect to the information provided by third party legal and other consultants, all of which are provided on an "AS IS" basis. AMITA EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. AMITA DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
limitation of liability
YOU AGREE THAT AMITA AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF AMITA, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that AMITA' aggregate liability for damages shall be limited to $100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
indemnity
You agree to defend, indemnify and hold harmless each of AMITA, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Materials or your breach of these Terms and Conditions.
choice of law
This Site is controlled, operated and administered by AMITA from its offices within Canada. AMITA makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Materials accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles, except where prohibited by mandatory provisions of the laws applicable in your jurisdiction. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Ottawa or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms and Conditions.
arbitration
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party.
Notwithstanding the foregoing, each party may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
general
(i) Except as expressly provided in additional terms of use for areas of the Site, a particular legal notice, or an additional Agreement, these Terms and Conditions constitute the entire agreement between AMITA and you with respect to the subject matter hereof; (ii) Any cause of action you may have with respect to your use of this Site or which is the subject of these Terms and Conditions must be commenced within one (1) year after the claim or cause of action arises; (iii) If for any reason a court of competent jurisdiction finds any provision of these Terms and Conditions or portion thereof to be unenforceable, that provision shall be enforced to the maximum extent permissible so as to effect the intent of these Terms and Conditions, and the remainder of these Terms and Conditions shall continue in full force and effect; (iv) The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party; (v) The waiver of any breach or default hereunder shall not constitute the waiver of any other or subsequent breach or default; (vi) No changes to these Terms and Conditions shall be made except by a revised posting on this page.
additional terms of use
Certain areas of this Site may be subject to additional terms of use. By using such areas, or any part thereof, you agree to be bound by the additional terms of use applicable to such areas.
privacy
At AMITA Corporation (AMITA) protecting your privacy is very important to us. Therefore, we are taking steps to ensure that your visit to www.amita.com, will protect your privacy.
This Privacy Policy explains in detail the kinds of personal information we collect while you are visiting our web site. It also outlines how that information may be used or disclosed by AMITA. When we collect information on this website, our goal is to use this information to improve your experience while visiting www.amita.com, or to help expedite the process of connecting with us.
We urge you to read this Privacy Policy carefully. Please note that as a visitor to AMITA.com, you are also governed by the Terms and Conditions of Use of Site.
By accessing, using and/or downloading materials from or sending or posting materials to, this web site, you agree on your own behalf and on behalf of each entity on whose behalf you act, to the terms of this Privacy Policy and to the practices for the collection, use or disclosure of your personal information as described here.
What information do we collect? Privacy Policy with respect to use of Resumés. How is your personal information secured and protected? What if we change our Privacy Policy? We want your feedback
Data Collection
Visitors should be aware that portions of this Website contain functions for collecting data on the visitor’s accessing history of this Website. AMITA may also collect and track non-personally identifiable information including the Visitor's IP address, the type of browser visitor employs, and the referrer ID.
Privacy Policy With Respect To Use of Resumés
As part of the services AMITA provides, you are able to submit your resumé through our web site by sending it to
jobs@amita.com. Resumés submitted to AMITA are accessed by our internal HR department for initial review. They may then be passed on to appropriate internal resources. In all cases, your consent will be required before your resume is submitted to one of AMITA's clients or partners. We have solid business relationships and are confident that our partners and clients will treat information provided to them by AMITA with respect.
Although we use all reasonable means to protect your personal information, AMITA is not responsible for any improper use of your personal information that is beyond our control.
Secured and Protected?
Where AMITA considers it appropriate, AMITA uses encryption and/or authentication tools among other methods to protect certain web-based personal information. E-mails you send us are not necessarily secure when they are transmitted to us. If your communication is sensitive or includes confidential information, you may want to provide it by post or via the telephone instead.
We work to protect the security of your information during transmission by using Secure Sockets Layer (SSL) software, which encrypts information you input.
We instruct our employees with access to your personal information that it is to be used only in adherence with the principles set forth in this Privacy Policy and the laws applicable to each specific business. The only employees who have access to your personal information are administrative personnel. Employees who misuse customer personal information may be subject to disciplinary action.
Back To Top
What If We Change Our Privacy Policy?
AMITA reserves the right to modify or supplement this Privacy Policy statement at any time. If we make any material change to this Privacy Policy, we will update this web site to include such changes and post a notice on our website, for a period of 30 days, with a link to the updated Privacy Policy. Please read any such notice and the new policy statement. If you return to this web site after a period of more than 30 days, please check this Privacy Policy to confirm that you are aware of the details of the most recent update. Please look at the top of this Privacy Policy to check the date that it was updated and to confirm that you are familiar with the terms of the most recent update. Your continued use of this web site after we post such notice will constitute your acceptance of the new terms and their application to your use of this web site and the personal information disclosed for such use, including personal information previously furnished us, as if they were the initial terms, and your consent to the use of your personal information as described in this privacy policy and elsewhere at our Web site. However, we will seek your consent if we want to use your personal information for purposes other than those you have agreed to previously.
We Want Your Feedback
Please email us at info@amita.com with any questions or comments. We welcome any suggestions about our Privacy Policy.
ABOUT
What information do we collect?
