Terms & Conditions

The Terms and Conditions were last modified on December 12, 2016.

1. Introduction & Acceptance of Terms and Conditions

The following terms and conditions (the "Terms and Conditions") govern your access and use of draw5050.com.

If you do not accept the Terms and Conditions of Company, you may not access or use draw5050.com. BY ACCESSING OR USING draw5050.com, OR BY OTHERWISE INDICATING YOUR ACCEPTANCE OF THE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND BY AND COMPLY WITH THE TERMS AND CONDITIONS. IF YOU DO NOT ACCEPT THE TERMS AND CONDITIONS, DO NOT USE draw5050.com.

Please read the Terms and Conditions carefully. In the Terms and Conditions, the word “including” and its derivatives means “including without limitation”, and the word “use” and its derivatives includes accessing any draw5050.com service or feature.

2. Changes to Terms and Conditions

Company reserves the right to make changes to the Terms and Conditions. The changes are effective on the earlier of: (i) Company providing you with notice of the changes (including by email, by posting notice on draw5050.com, or by other reasonable means), or (ii) 14 days after the revised Terms and Conditions are posted to or made available on draw5050.com. However, changes made to comply with the law will be effective immediately. You agree to regularly review the Terms and Conditions to be aware of any changes. If you do not agree to the changed Terms and Conditions, do not continue to use draw5050.com as your continued access to, or use of, draw5050.com indicates your binding acceptance of the Terms and Conditions as they may be changed from time to time.

3. Changes to draw5050.com

Company reserves the right to (but is under no duty to) modify, suspend, terminate or discontinue any aspect of draw5050.com, at any time and without notice or liability to you, including by: (a) adding, removing or modifying functionality or features; (b) adding, removing, modifying, correcting or refusing any Content (defined below) on draw5050.com; (c) limiting, suspending or terminating your or any persons access or use of all or parts of draw5050.com; and (d) discontinuing all or any part of draw5050.com.

4. Privacy Policy

Company collects, uses, and discloses your personal information, you consent to the collection, use, and disclosure of your personal information.

5. Authorized Uses of draw5050.com

Users or other entities that access or use draw5050.com are referred to as "Users" in the Terms and Conditions. You are solely responsible for any and all actions, communications and postings undertaken or transmitted while using draw5050.com and you agree to fully comply with all applicable laws and the Terms and Conditions (including the Privacy Policy) in respect of your access and use of draw5050.com, including of the Content (defined below) available on draw5050.com.

Subject to the Terms and Conditions, Company grants you a non-exclusive, non-transferable, and revocable limited right to access and use draw5050.com solely for your personal and internal company use for the Authorized Uses, without any right to download, store, or otherwise use the Content (defined below) outside of draw5050.com.

6. Prohibited Uses of draw5050.com

Any use of draw5050.com (including the Content as defined below) which is outside the scope of the Authorized Uses is strictly prohibited. Without limiting the generality of the foregoing, the following activities constitute prohibited uses that violate the Terms and Conditions:

  • (a) Using draw5050.com in a manner that infringes or threatens to infringe the copyright, trade-mark, trade secret or other intellectual property rights of others, or violates or threatens to violate the privacy, publicity or other personal rights of others;
  • (b) Violating or attempting to violate the integrity, availability, proper working, or security of draw5050.com including (i) accessing Content (defined below) not intended for such User or logging into an account which the User has no prior authorization from draw5050.com to access; (ii) impersonating any individual or entity, including a draw5050.com employee or agent, an Employer or a Prospective Employee, or otherwise misrepresenting your affiliation with any individual, corporation, partnership or other entity; (iii) attempting to search for, scan or test draw5050.com for potential system or network vulnerabilities or to breach security or authentication measures; (iv) attempting to interfere with operation or availability of draw5050.com, including submitting a virus, Trojan horse, worm, spider, spyware, malware or other harmful, disruptive or destructive file to draw5050.com, or engaging in a denial of service attack, SQL injection or similar attack, overloading, "flooding", "spamming", "mailbombing", "crashing" or using any device, software or routine to interfere or attempt to interfere with the proper working of draw5050.com; or (v) sending any commercial electronic messages in any manner that does not comply with all applicable laws or sending any spam, chain letters, junk mail or any other type of un-solicited email or communications, including promotions or advertisements for products or services;
  • (c) Except as specifically authorized by draw5050.com, reproducing, distributing, modifying, altering, or selling the Content in any respect, merging the Content with other data, or publishing or making available the Content in any form, in whole or in part. In particular, these Terms and Conditions prohibit automated or manual “scraping”, "screen scraping", "database scraping", “framing”, and any other activity intended to collect, store, display, reorganize or manipulate any data produced by draw5050.com, made available by draw5050.com or displayed on draw5050.com.
  • (d) Posting or transmitting any information which is inaccurate, unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortious;
  • (e) Accessing or using any services or features offered by draw5050.com if you have not attained legal working age in the jurisdiction in which you reside;
  • (f) Transferring any information obtained through draw5050.com to any third party, including to any other individual, partnership, corporation or other entity, except as specifically authorized by draw5050.com (including to the extent expressly authorized by the Terms and Conditions between professional recruiters or human resource professionals working on behalf of a specific employer, and that specific employer);
  • (g) Printing or copying any of the computer programs used by draw5050.com, including those to support the services or features offered by draw5050.com;
  • (h) Collecting, using or disclosing information about others without their consent, except for the stated purposes provided by draw5050.com;
  • (i) Using e-mail addresses that they do not own or for which they do not have the express permission of the owner of such e-mail address to use;
  • draw5050.com reserves the right at all times to disclose any information provided by you as necessary to satisfy any law, regulation or governmental/judicial request, either in whole or in part, that in draw5050.com's sole discretion is objectionable or otherwise in violation of the Terms and Conditions.

    7. Registration and Password

    As part of the registration process, you will select a password and provide certain information about yourself. You must provide accurate, complete and current registration information and you agree to promptly provide draw5050.com with any changes to such information. You are responsible for preserving the confidentiality of your registration information and password which is used by you to access non-public areas of draw5050.com. Your responsibility extends to all uses of your account regardless of whether such uses have been authorized by you.

    8. Links and Connections to other Websites and Third Party Information

    9. Content Provided by You

    You hereby grant to Company a worldwide, irrevocable, royalty-free license to use, store, modify, reproduce, aggregate with other information, distribute, communicate, publish, publicly perform, display, and create derivative works from, any content, information and material that you provide through draw5050.com (“User Content”) and to sublicense (through multiple layers) all of the foregoing. You also hereby waive, and agree to cause all authors to waive, in favour of Company all moral rights (or other similar rights of authorship) in the User Content. This license and waiver continue even if you stop using draw5050.com and survive any termination of the Terms and Conditions. You represent and warrant that you have all the necessary rights and consents to grant Company the licenses to the User Content set out in the Terms and Conditions.

    You agree that Company will exclusively own, and may freely use, all feedback, suggestions, or ideas that you provide to Company, all without any accounting to you.

    10. Proprietary Rights

    Company and its licensors retain ownership of, and title to, all copyrights, trademark rights, patent rights, trade secret and confidential information rights and all other intellectual property and other proprietary rights in and to draw5050.com, including the contents, data, information and other material available on draw5050.com (the "Content"), including names, words, text, titles, phrases, logos, icons, graphics, layouts, images, designs, software, methods and processes and all other material (including information submitted by other Users). draw5050.com and the Content are protected by law against unauthorized copying and use and, except as expressly provided in the Terms and Conditions, no license to draw5050.com or any Content is granted to you. You may not copy, alter, display, sell or distribute the Content or use it in any manner not expressly permitted by the Terms and Conditions. Without limiting the generality of the foregoing, you may not use the Content on any other website or in a networked computer environment, and you may neither copy nor adapt the code that draw5050.com has created to generate its pages. draw5050.com, draw5050.com and certain other names, words, titles, phrases, logos, icons, graphics or designs or other content appearing on draw5050.com may be trade names or trade-marks owned or licensed by Company. The display of trade-marks and trade names on draw5050.com does not imply that a licence of any kind has been granted to you or anyone else.

    11. Disclaimers

    COMPANY ASSUMES NO RESPONSIBILITY FOR INFORMATION POSTED BY USERS AND NO RESPONSIBILITY FOR THE ACTIVITIES, OMISSIONS OR OTHER CONDUCT OF USERS. COMPANY DOES NOT SCREEN, MONITOR OR VERIFY INFORMATION POSTED BY USERS, WHICH IS POSTED ON AN "AS IS, WHERE IS" BASIS. COMPANY ALSO HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF INFORMATION POSTED BY USERS, THE TRUTH OR ACCURACY. CONSEQUENTLY, YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH draw5050.com. USERS ARE SOLELY RESPONSIBLE FOR THE INFORMATION THEY POST ON draw5050.com AND FOR MAKING ALL NECESSARY INQUIRIES TO VERIFY AND CONFIRM THE ACCURACY, TRUTHFULNESS AND CURRENCY OF INFORMATION THAT MAY BE AVAILABLE TO YOU THROUGH draw5050.com UPON WHICH YOU MAY RELY OR INTEND TO RELY. If Company is notified by a User of a draw which allegedly does not conform to the Terms and Conditions, Company may investigate the allegation and determine, in its sole discretion, whether such draw does not conform to the Terms and Conditions and remove or request the removal of such posting; however, Company has no liability or responsibility to Users to perform such activities. In its sole discretion, Company may take any action with respect to User-submitted information that it deems necessary or appropriate.

    12. No Warranty

    draw5050.com (INCLUDING THE “INFORMATION” AS DEFINED ABOVE) IS PROVIDED ON AN "AS IS, WHERE IS" BASIS WITHOUT ANY REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, ALL OF WHICH TO THE FULLEST EXTENT PERMITTED BY THE LAW, COMPANY EXPRESSLY DISCLAIMS, INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF CONDITIONS, QUALITY, USEFULNESS, DURABILITY, PERFORMANCE, MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, NON-INFRINGEMENT OF THIRD PARTIES' RIGHTS, AND FITNESS FOR A PARTICULAR PURPOSE. COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS OR TIMELINESS OF INFORMATION AVAILABLE ON draw5050.com. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, COMPANY DOES NOT REPRESENT OR WARRANT THAT draw5050.com WILL OPERATE ERROR-FREE, THAT draw5050.com HAS MADE NO TYPOGRAPHICAL OR OTHER ERRORS OR THAT draw5050.com IS FREE OF COMPUTER VIRUSES OR OTHER HARMFUL AND DISRUPTIVE MECHANISMS.

    Nothing posted or otherwise appearing on draw5050.com shall be considered an endorsement, representation or warranty with respect to any Users or third parties, whether in regard to its website, products, services or otherwise.

    13. No Liability

    YOU AGREE THAT YOU ARE USING draw5050.com SOLELY AT YOUR OWN RISK AND THAT IN NO CIRCUMSTANCES WILL COMPANY, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, SUBCONTRACTORS, SERVICE PROVIDERS, AFFILIATES, LICENSORS, SUCCESSORS, OR ASSIGNS (THE “draw5050.com PARTIES”), BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER INCLUDING: ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, PUNITIVE, OR EXEMPLARY DAMAGES; OR FOR ANY LOSS OF USE, REVENUE OR PROFIT; OR LOSS OR DAMAGE OF DATA, HARDWARE OR SOFTWARE; OR DELAY OR INABILITY TO USE draw5050.com; OR ANY OTHER DAMAGES, COSTS OR EXPENSES OF ANY KIND (INCLUDING LEGAL FEES), IN EACH CASE ARISING OUT OF OR RELATING TO, DIRECTLY OR INDIRECTLY, THE TERMS AND CONDITIONS OR draw5050.com (INCLUDING THE CONTENT AS DEFINED ABOVE), AND WHETHER ARISING UNDER CONTRACT, TORT (INCLUDING NEGLIGENCE), OR EQUITY OR UNDER ANY OTHER LEGAL THEORY, AND REGARDLESS OF WHETHER CAUSED OR CONTRIBUTED TO BY THE NEGLIGENCE OF ANY draw5050.com PARTY.

    IF ANY EXCLUSION OR LIMITATION OF LIABILITY DOES NOT APPLY TO YOU OR IS HELD TO BE INAPPLICABLE OR UNENFORCEABLE FOR ANY REASON, draw5050.com'S MAXIMUM LIABILITY TO YOU IN THE AGGREGATE SHALL BE ONE HUNDRED ($100) CANADIAN DOLLARS.

    14. Indemnity

    YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE draw5050.com PARTIES (DEFINED ABOVE) FROM AND AGAINST ANY AND ALL CLAIMS, ACTIONS AND PROCEEDINGS (AND ALL DAMAGES, LIABILITIES, COSTS, AND EXPENSES ASSOCIATED THEREWITH) WHICH ARISE OUT OF OR RELATE TO YOUR USE OF draw5050.com (INCLUDING THE CONTENT AS DEFINED ABOVE) OR YOUR BREACH OF THE TERMS AND CONDITIONS.

    15. Governing Law

    The Terms and Conditions shall be governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada as may be applicable. You submit to the exclusive jurisdiction of the Courts of the Province of New Brunswick, Canada as the proper and most convenient forum for the final determination of any matters in dispute and waive any objections based on venue in any such claim, action or proceeding.

    16. Entire Agreement and Severability

    Except where expressly provided in (each, “Additional Terms”): additional terms and conditions of use for specific draw5050.com services or features; a particular legal notice; or an additional agreement between you and Company, the Terms and Conditions constitute the entire agreement between draw5050.com and you with respect to the subject matter hereof. Certain areas of draw5050.com may be subject to Additional Terms. By using such areas, or any part thereof, you agree to be bound by the Additional Terms of use applicable to such areas.

    In the event of any conflicts or inconsistencies between the Terms and Conditions and any Additional Terms, the Terms and Conditions will prevail except to the extent the Additional Terms expressly state that they will prevail over the Terms and Conditions or over an applicable section of the Terms and Conditions.

    If any provision(s) of the Terms and Conditions are found to be invalid by a court of competent jurisdiction, the invalidity of such provision(s) shall not affect the validity of the remaining provisions of the Terms and Conditions, which shall remain in full force and effect.

    17. Comments

    Any comments or questions regarding draw5050.com may be submitted to:

    Manager - Online Recruitment Services, draw5050.com
    email: support@draw5050.com