Advertising Terms | Newcomers Canada
 

Advertising Terms

Introduction

These are our Terms of Business and together with our Online Advertising Booking Form, form a legal contract between you, the “Advertiser” and SGMC Canada Holdings Corp, hereafter “SGMC”. By signing our Online Advertising Booking Form, you have read, understood and agree to these terms and conditions.

In this contract the following definitions have the following meaning:

“Advertiser”: means the person or organization identified on the online booking form.

“Agreement”: means the contract for services between the Advertiser and SGMC, comprising of the Online Advertising Booking Form and the following Terms of Business.

“Commencement Date”: means from the time payment is received in full by SGMC from the Advertiser.

“Duration”: means the period of time stated on the Online Advertising Booking Form.

“Online Advertising Booking Form”: means the advertising order form, detailing the agreed services, payment and initial contract period. 

“Payment”: means the amount to be paid to SGMC by the Advertiser for the services on the Online Advertising Booking Form.

“Services”: means the Basic, Standard or Premium Connect Account, Job Posting(s), Banner Advertisement(s) or Electronic Direct Mail(s) that SGMC provides to Advertisers on NewcomersCanada.ca.

“User(s)”: means a person who has been authorized by SGMC to access and use the website for the purposes of acquiring information made available through the website and/or, engaging in group chat or instant messaging and/or applying for jobs.

“SGMC”: means SGMC Canada Holdings Corp, trading as Newcomers Canada and its employees and contractors.

“Website”: means the website NewcomersCanada.ca.

Terms and Conditions

The Advertiser shall provide accurate information and facts on the website regarding the Advertiser’s business, products or services, including but not limited to, their online company profile, jobs, banner advertisements, electronic direct mail, online promotions, group chats and instant messaging. SGMC may review the information which the Advertiser intends to place or has placed on the website. SGMC reserves the right to refuse to place or may remove, amend or discontinue displaying any information which is in contravention of any legislation or regulations in force from time to time but must consult with the Advertiser and allow the Advertiser a reasonable period of time to remedy to contravention before doing so. SGMC may discontinue displaying any Advertiser information, which SGMC may consider to be contrary to the best interests of SGMC but must consult with the Advertiser and allow the Advertiser a reasonable period of time to remedy to contravention before doing so. Where a link is provided to the Advertiser’s website or any other external website or link by the Advertiser, SGMC is not responsible for the content of the Advertiser’s website or any other website or link. The Advertiser is solely responsible for the information placed on its profile. All Fees shall be payable by the Advertiser to SGMC immediately following the signing of the Online Advertising Booking Form and are non-refundable. All Fees quoted for services by SGMC are valid for one month only from the date of the quote having been given to the Advertiser. If SGMC does not receive payment by the due date, SGMC shall be entitled without prejudice to any other remedies to charge interest on all sums outstanding after the due date on a daily basis at the Canadian LIBOR rate. The Advertiser shall be liable for any legal or other costs incurred by SGMC in pursuing any outstanding Fees or interest on late payment of Fees of the Advertiser. SGMC shall be entitled to make changes to the presentation, layout and functionality of the website at any time but is not permitted to make changes to the Advertiser’s information except in accordance with clause 2 (above). SGMC shall be entitled to change the prices or products on the website at any time.

The Advertiser shall ensure that any information placed on the website by the Advertiser shall comply with the requirements of all data protection legislation in force in Canada. The Advertiser shall ensure that any information placed on the website by the Advertiser shall comply with the Advertising Code of Standards in Canada. SGMC shall be entitled to use the Advertiser’s logo and any other necessary intellectual property of the Advertiser in so far as the use thereof is required for SGMC to provide the services for the Advertiser but must consult with the Advertiser and obtain the Advertiser’s authorization before doing so. If there is a breach of this Agreement, or if the Advertiser provides false or misleading information on the website, or breaches any data protection requirements, SGMC may cease the services immediately without refund.

Quality Assurance

Maintaining a high level of Quality Assurance is in the best interest of both our Advertisers and User(s) with Advertisers asked to strictly adhere to the following quality assurance measures:

We ask that job adverts be only amended / updated / refreshed once per day. We ask that each job is only posted once and not repeated several times or rephrased. We ask that the job title match the job description. We ask that excessive use of CAPITAL LETTERS is not used in the job title or main text. We ask that Punctuation is not used in the job title. We ask that you remove the job as soon as it is filled. We ask that if a visa/work permit is required by the jobseeker that this is clearly advertised. We ask that job titles such as $$$$$ or Come to Canada are not used.

Acceptable Use

Advertisers may not use the website in order to display, post, transmit, distribute, store or destroy material including, without limitation, website content that is (a) in violation of any applicable law or regulation, (b) in a manner that will infringe the copyright, trademark, trade secret or other intellectual property rights of others or violate the privacy, publicity or other personal rights of others or (c) that is, or may in our judgment be, defamatory, offensive, vulgar, obscene, harassing, threatening, abusive or hateful, racist, sexist, discriminatory, of a menacing character or cause annoyance, inconvenience, embarrassment or anxiety to any person. Advertisers are prohibited from violating or attempting to violate the security of any SGMC website including, without limitation, (a) accessing data not intended for such Advertiser or logging into a server or account which the Advertiser is not authorized to access, (b) attempting to probe, scan or test the vulnerability of a system or network or to breach security or authentication measures without proper authorization, (c) attempting to interfere with service to any user, host or network including, without limitation, via means of submitting a virus to any SGMC website, overloading, "flooding", "spamming", "mailbombing" or "crashing", or (d) forging any TCP/IP packet header or any part of the header information in any e-mail or newsgroup posting. Violations of system or network security may result in civil or criminal liability. SGMC will fully investigate all occurrences, which may involve such violations and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations.

Specific Prohibited Uses

The website may only be used for lawful purposes. Advertisers agree not to use, or allow any party under their control to use, for any of the following purposes:

Posting any incomplete, false or inaccurate biographical information or information which is not your own. Posting any franchise, pyramid scheme, "club membership", distributorship or sales representative agency arrangement or other business opportunity, which requires an upfront or periodic payment, pays commissions only (no significant salary), requires recruitment of other members, sub-distributors or sub-agents. Using any device, software or routine to interfere or attempt to interfere with the proper working of the website or any activity being conducted on the website. Taking any action, which imposes an unreasonable or disproportionately large load on the website’s infrastructure. If you have a password allowing access to a non-public area of this website, disclosing to or sharing your password with any third parties and/or using your password for any unauthorized purpose. Notwithstanding anything to the contrary contained herein, using or attempting to use any engine, software, tool, agent or other device or mechanism including, without limitation, browsers, spiders, robots, avatars or intelligent agents to navigate or search the website other than the search engine and search agents available from SGMC other than generally available third party web browsers (e.g., Netscape Navigator, Microsoft Explorer). Attempting to decipher, decompile, disassemble or reverse engineer any of the software comprising or in any way making up a part of the website. Aggregating, copying or duplicating in any manner any of the website Content or information available from the website, or framing of or linking to any of the website content or information available from the website.

Prohibited Use

You agree that in submitting Content or otherwise using the website that you will not impersonate any person, or submit any materials to SGMC that are false, inaccurate, misleading, unlawful or otherwise in violation of your obligations under these Terms. The following is a partial list of Content that is prohibited on the any SGMC website. The list below is for illustration only and is not a complete list of all prohibited Content. Content that is copyrighted unless you are the copyright owner or have the permission of the copyright owner to post it:

Promotes or endorses an illegal or unauthorized copy of another person’s copyrighted work, such as providing or making available pirated computer programs or links to them, providing or making available information to circumvent manufacture-installed copy-protect devices, or providing or making available pirated music or other media or links to pirated music or other media files;

Reveals trade secrets unless you own them or have the permission of the owner;

Infringes on any other intellectual property rights of others or on the privacy or publicity rights of others;

Is obscene, offensive, vulgar, defamatory, threatening, harassing, abusive, hateful, racist, sexist, discriminatory, of a menacing character or embarrassing, or which may cause annoyance, anxiety or inconvenience to another user or any other person or entity;

Contains or links to a sexually-explicit image or statement;

Contains or links to advertisements or solicitations of business;

Contains viruses, Trojan horses, worms, time bombs, cancelbots or other computer programming routines or engines that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or information;

Involves the transmission of “junk mail”, “chain letters”, pyramid schemes or unsolicited mass mailing or spamming;

Promotes or endorses false or misleading information or illegal activities or conduct that is abusive, threatening, obscene or defamatory;

Contains restricted or password only access pages, or hidden pages or images;

Provides or links to material that exploits people under the age of 18 in a sexual, violent or other manner, or solicits personal information from anyone under 18;

Provides instructional information about illegal activities or other activities prohibited by these Terms including, without limitation, making or buying illegal weapons, violating someone’s privacy or pirating any media; and Solicits passwords or personal identifying information from other users.

 SGMC does not represent or guarantee the truthfulness, accuracy or reliability of communications posted by Users or Advertisers or endorse any opinions expressed. You acknowledge that any reliance on material posted by other Users or Advertisers will be at your own risk.

Copyright & Proprietary Rights

The website may contain technical inaccuracies or typographical errors or omissions. SGMC reserves the right to make changes, corrections and/or improvements to the website, and to the products, rates and packages described in such information, at any time without notice but must not make any such changes to the Advertiser’s information without consulting with the Advertiser. This Website contains and references trademarks, patents, trade secrets, technologies, products, processes or other proprietary rights of SGMC and/or other parties. No license or right to or in any such trademarks, patents, trade secrets, technologies, products, processes and other proprietary rights of SGMC and/or other parties is granted to or conferred upon you. Reproduction or storage of materials obtained from this site is subject to Copyright Law. SGMC, and other SGMC logos and product and service names are trademarks of SGMC. Any reproduction or use of any of the contents of this site without the express written consent of SGMC is prohibited.

Disclaimer of Warranty

SGMC DOES NOT WARRANT THAT THE WEBSITE WILL OPERATE ERROR-FREE OR ITS SERVERS ARE FREE OF COMPUTER VIRUSES OR OTHER HARMFUL MECHANISMS. IF YOUR USE OF THE WEBSITE OR ITS CONTENT RESULTS IN THE NEED FOR SERVICING OR REPLACING EQUIPMENT OR DATA, SGMC IS NOT RESPONSIBLE FOR THOSE COSTS. THE WEBSITE AND CONTENT ARE PROVIDED ON AN "AS IS" BASIS WITHOUT ANY WARRANTIES OF ANY KIND. SGMC, TO THE FULLEST EXTENT PERMITTED BY LAW, DISCLAIMS ALL WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING THE WARRANTY OF MERCHANTABILITY, FITNESS FOR PARTICULAR PURPOSE AND NON-INFRINGEMENT. SGMC MAKES NO WARRANTIES ABOUT THE ACCURACY, RELIABILITY, COMPLETENESS, OR TIMELINESS OF THE WEBSITE CONTENT, SERVICES, SOFTWARE, TEXT, GRAPHICS, AND LINKS.

Disclaimer of Consequential Damages by SGMC

IN NO EVENT SHALL SGMC, ITS SUPPLIERS, OR ANY THIRD PARTIES MENTIONED ON THE WEBSITE BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INCIDENTAL AND CONSEQUENTIAL DAMAGES, LOST PROFITS, OR DAMAGES RESULTING FROM LOST DATA OR BUSINESS INTERRUPTION) RESULTING FROM THE USE OR INABILITY TO USE ANY SGMC WEBSITE AND SGMC CONTENT, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, AND WHETHER OR NOT SGMC IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

Governing Law

These terms and conditions shall be governed by and construed in accordance with the Laws of British Columbia, Canada, and the parties hereby submit to the non-exclusive jurisdiction of the Courts of British Columbia, Canada, to settle any disputes, which may arise in connection with these terms and conditions.

Privacy Policy

SGMC is committed to safeguarding your privacy online. Please refer to our Privacy Policy for full details of our firm commitment to privacy.

 

Contact Newcomers Canada   

If you have any questions or comments about our website(s), please contact us; 

  • Telephone: +1 587 390 3011
  • Email: contact@newcomerscanada.ca
  • Write to us: SGMC Canada Holdings Corp, Hanson Square, 4th Floor, 909-17th Avenue, SW, Calgary AB, T2T 0A4