Terms of Use - Tempfind Dental Staffing
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Terms of Use

YOU AGREE TO THESE TERMS OF USE WHEN YOU BROWSE OUR SITE AND USE OUR SERVICES. YOU WILL WAIVE CERTAIN LEGAL RIGHTS, INCLUDING THE RIGHT TO SUE OR CLAIM COMPENSATION IN CERTAIN CIRCUMSTANCES. READ THIS DOCUMENT CAREFULLY.

These Terms of Use (the “Terms”) set forth the terms and conditions under which individuals residing in Canada may use the Tempfind Application and/or Tempfind Services (described below). If you reside in the United States, please contact us at info@tempfind.com before using the Platform.

Please read these Terms before using the Site or Services (“Platform”). By using the Platform, you hereby represent, warrant, understand, agree to and accept these Terms in their entirety whether or not you register as a User of the Tempfind Platform (“Users”).

These Terms incorporate by reference the Tempfind Platform’s Privacy Policy (“Privacy Policy”) and all other policies, rules and terms and conditions as set forth in Service materials, either in print or on our Platform (collectively, the “Policies”). If you object to anything in these Terms, the Privacy Policy or the other Policies do not use the Platform.

These Terms, including the Privacy Policy and the other Policies, are subject to change by Tempfind at any time. We will notify you about significant changes in these Terms by sending a notice to the email address registered in your account, or by placing a prominent notice on our Platform, so that you can choose whether to continue using our Services. Significant changes will go into effect no less than 30 days after we notify you. Non-material changes or clarifications will take effect immediately upon posting of the updated terms on our Platform. Notwithstanding the foregoing, for residents of Quebec, the notice for significant changes will set out the new clause only, the date of the coming into force of the amendment and, if the amendment entails an increase in your obligations or a reduction in our obligations, then you may refuse the amendment and cancel the contract without cost, penalty or cancellation indemnity by sending us a notice to that effect no later than 30 days after the amendment comes into force. Residents in all Provinces should periodically check www.Tempfind.com for updates. Your continued use of the Platform after the effective date of any change will constitute acceptance by you of such change.

For purposes of these Terms, the “Platform” shall mean the Tempfind website and any Canadian affiliated websites, web pages, mobile applications and mobile websites operated by Tempfind Inc., a corporation incorporated in Ontario (“Tempfind”). The “Services” shall mean any of the various services that Tempfind provides through the Platform, including over the telephone.

1. Description Of Services; Limitations; User Responsibilities

1.1. About Our Services

Tempfind’s mission is to allow dental professionals to use a self-service website to find or be booked for temp-shift opportunities (“Shifts”). (“Professionals”) are Dentists, Dental Hygienists, Dental Assistants, Dental Floaters, Dental Receptionists or Dental Managers looking for temporary work. (“Clinics”) are Dental Clinics who are in need of any temporary workers. Clinics and Professionals are referred to collectively as (“Users”) in these Terms.

  • We enable Clinics seeking Professionals to book Professionals on the Tempfind Platform and Professionals to accept or decline booking reservations.
  • We also enable Clinics seeking Professionals to post Shifts on the Tempfind Platform and Professionals to find temporary work with ease.
  • We provide search tools to help Clinics Book Professionals that meet their specific staffing needs and preferences and enable Professionals and Clinics to communicate through a private messaging platform.

Our Services continue to grow and change. Please refer to our Platform for further information about the Services we provide.

1.2. Limitations of Our Services

We offer a Platform for Professionals to post profiles and interact with Clinics for temporary work.

WE DO NOT SUPERVISE, MANAGE, DIRECT, OR MONITOR A PROFESSIONAL’S WORK AND DISCLAIM (TO THE EXTENT PERMITTED BY LAW) ANY RESPONSIBILITY TOWARDS THE WORK AND ANY OTHER ACTIONS SUBMITTED BY THE PROFESSIONAL TO THE CLINIC, INCLUDING A WARRANTY OR CONDITION OF SERVICES, WARRANTY OR CONDITION OF QUALITY, OR COMPLIANCE WITH ANY LAWS, REGULATIONS OR STATUTES.

Except as described in these Terms and the Privacy Policy, we do not verify, review, evaluate, interview, screen, or perform background checks on Professionals nor do we verify any content posted to the Platform by the Professionals.

We are not a party to any agreement between a Professional and a Clinic. Clinics are the potential temporary employers of Professional and are responsible for compliance with all applicable employment and other laws in connection with any employment relationship they establish (such as applicable employment standards legislation), occupational health and safety legislation, and worker’s compensation insurance or benefit programs).

The Application enables connection between Users for fulfillment of temp-shifts. Tempfind has no control or responsibility for the performance or communications of Users, nor does it have any responsibility quality, legality, failure to provide, or any other aspects of Shifts, Professionals, or Clinics, nor does it have any control over integrity, responsibility, competence, qualifications or any other actions or omissions, or over any ratings or reviews that Users may post about one another. Regarding the reliability, timeliness, dependability, or accuracy of shifts requested and services provided by, as well as the communications of or between Users identified through the Application, Tempfind makes no warranties or representations, whether in public or private, via on or off-line interactions.

Clinic’s and Professional’s content is primarily user generated, and we do not control or vet user generated content for accuracy as a general matter. Tempfind does not assume any responsibility for the accuracy or reliability of any information provided by Clinics or Professionals on or off this Platform.

Tempfind is not responsible for the conduct, whether online or offline, of any user of the Platform. Moreover, Tempfind does not assume and expressly disclaims any liability that may result from the use of information provided on our Site. All users, including both Clinics and Professionals, do hereby expressly agree not to hold Tempfind (or Tempfind’s officers, directors, investors, subsidiaries, agents, assignees, representatives, advertisers, marketing partners, licensors, independent contractors, recruiters, corporate partners, or employees, hereinafter “Affiliates”) liable for the actions or inactions of any Clinic or Professional or for any information, instruction, advice with originated or services that were arranged through the Platform, and, to the maximum extent permissible under applicable law, Tempfind and its Affiliates expressly disclaims any liability whatsoever for any damage, suits, claims, and/or controversies that have arisen or may arise, whether known or unknown therefrom.

PLEASE REVIEW THE DISCLAIMER OF LIABILITY, LIMITATION OF LIABILITY AND INDEMNITY PROVISIONS BELOW.

1.3. User Responsibilities

You are solely responsible for interviewing, performing reference checks on, verifying information provided by, and selecting an appropriate Clinic or Professional.

Subject to applicable law, we may, at our option, conduct limited screening of a Clinic or Professional through verification checks, as further described in section 4. Do not rely on this limited screening as complete, accurate, up-to-date, or conclusive of the User’s suitability as an employer or care provider.

Each Clinic is responsible for complying with all applicable employment, non-discrimination, and other laws in connection with any employment relationship they establish, including verifying the licensing, age of the Professional they select is 18 years of age or older as well as the Professional’s eligibility to work in Canada.

2. Eligibility To Use The Site And Services; Representations And Warranties

To be eligible to use our Services, you must meet the following criteria:

  • You must be (18) years of age or older and have the capacity to form legally binding contracts under applicable law. If you are not eighteen (18) years of age or older do not register to use the Platform.
  • You must reside in a postal code region in which Tempfind currently offers the Services.
  • If you are a Professional, you must be a citizen or legal resident of Canada or hold a valid Canadian visa. If you reside in the US, please contact info@tempfind.com before using the Platform.
  • If you are a Professional, you must be a citizen or legal resident of Canada or hold a valid Canadian visa entitling you to work in Canada. IF YOU ARE A PROFESSIONAL AND NOT LEGALLY ENTITLED TO WORK IN CANADA DO NOT REGISTER TO USE THE PLATFORM
  • You must be in good standing and hold licensing/certification  if applicable.

By requesting to use, registering to use and/or using the Platform, you represent and warrant that you have the right, authority, and capacity to enter into these Terms and you commit to abide by all of the terms and conditions hereof.

Because of the type of dental services, the setting of the SERVICES and the nature of the relationship between Professional and Clinic, you represent and warrant that you (i) have never been the subject of a complaint, restraining order or any other legal action involving, arrested for, charged with, or convicted of any criminal offense involving violence, abuse, neglect, theft or fraud, or any offense that involves endangering the safety of others, dishonesty, negligence or drugs, and (ii) are not nor have ever been registered, and are not currently required to register, as a sex offender with any government entity.

By using our Services, you agree that we may request verification checks using your Personal Information, in accordance with our Privacy Policy. We do this to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Platform (such as representations regarding your criminal background), and your suitability for Tempfind. The results of these verification checks are made available to Tempfind.

We may use third party service providers to perform these verification checks. Our third-party service providers may conduct verification checks against a variety of materials which, subject to applicable law, may include but not be limited to media streams, terrorist watch lists, criminal and fugitive watch lists, fraud watch lists, law enforcement reports, criminal databases, sex offender registries and other data to perform these verification checks.

3. Rules For User Conduct And Use Of Services

3.1. Registration, Posting, and Content Restrictions
The following rules pertain to User Content, defined as any communications, images, sounds, videos, and all the material, data, and information that you upload or transmit through Tempfind’s Services, or that other users upload or transmit, including without limitation any content, messages, photos, audios, videos, reviews or profiles (collectively, “Content”) that you publish or display (hereinafter, “Post”). By transmitting and submitting any User Content while using our Service, you agree, represent, and warrant as follows:

  • You are responsible for providing accurate, current, and complete information in connection with your registration for use of the Site and the Services.
  • You will register your account in your own legal name, even if you are seeking Services for another business entity.
  • You are solely responsible for any content, messages, photos, videos, reviews, or profiles (collectively, “Content”) that you publish or display (hereinafter, “Post”) on the Platform, or transmitted to other Users of the Platform. You will not post on the Platform, or transmit to other users, any defamatory, inaccurate, abusive, obscene, profane, offensive, sexually oriented, threatening, harassing, defamatory, racially offensive, or illegal material, or any material that infringes or violates another party’s rights (including, but not limited to, intellectual property rights, and rights of privacy and publicity), or advocate, promote or assist any unlawful act such as (by way of example only) copyright infringement or computer misuse, or give the impression that any User Content emanates from Tempfind where this is not the case. You will not provide inaccurate, misleading, defamatory, or false information to Tempfind or to any other User of the Platform, and all opinions stated as part of User Content must be genuinely held. Without limiting the foregoing, you represent and warrant to us that you have the right and authority to post all information you post about yourself or others.
  • You understand and agree that Tempfind may, in its sole discretion, review and delete any Content, in each case in whole or in part, that in the sole judgment of Tempfind violates this Agreement or which Tempfind determines in its sole discretion might be offensive, illegal, or that might violate the rights, harm, threaten the safety of Users of the Platform, or otherwise violate these Terms or community standards.
  • You have the right, and hereby grant to Tempfind, its Affiliates, licensees and successors, an irrevocable, perpetual, non-exclusive, fully paid, worldwide license to use, copy, perform, display, reproduce, adapt, modify and distribute such information and content and to prepare derivative works of, or incorporate into other works, such information and content, and to grant and authorize sublicenses of the foregoing. You further represent and warrant that public posting and use of your Content by Tempfind will not infringe or violate the rights of any third party.
  • Your use of the Service, including but not limited to the Content you post on the Platform, must be in accordance with any and all applicable laws and regulations.
  • Tempfind is not responsible for any claims relating to any inaccurate, untimely or incomplete information provided by Users of the Platform.

 

You agree that Tempfind is not required to moderate, verify, or remove any reviews or other information posted on the Platform about you or any User or individual. If you disagree with a review, you may post one rebuttal to the review, provided your rebuttal complies with these terms. You may not terminate your registration and re-register in order to prevent a review from being associated with your account.

Opinions, advice, statements, offers, or other information or content made available on the Platform, but not directly by Tempfind, are those of their respective authors. Such authors are solely responsible for such content. Tempfind does not: (i) guarantee the accuracy, completeness, or usefulness of any information on the Platform, or (ii) adopt, endorse, or accept responsibility for the accuracy or reliability of any opinion, advice, or statement made by any party that appears on the Platform. Under no circumstances will Tempfind or its Affiliates be responsible for any loss or damage resulting from: a) your reliance on information or other content posted on or transmitted to by any User of the Platform; or b) reviews or comments made about you on the Platform by other Users.

Tempfind DOES NOT ENDORSE ANY STATEMENT, REVIEW OR REPRESENTATION MADE BY A USER OF THIS SITE. YOU MAY NOT ATTRIBUTE ANY STATEMENT, REVIEW OR REPRESENTATION TO Tempfind OR ANY DIRECTOR, OFFICER, EMPLOYEE, SERVICE PROVIDER OR AGENT OF Tempfind.

TO THE MAXIMUM EXTENT PERMITTED BY LAW, Tempfind DISCLAIMS ANY LIABILITY WHATSOEVER FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY ANY USERS OF THE PLATFORM.

YOU HEREBY REPRESENT, UNDERSTAND AND AGREE TO HOLD Tempfind HARMLESS FOR ANY MISSTATEMENTS AND/OR MISREPRESENTATIONS MADE BY YOU ON THIS PLATFORM.

3.2. Exclusive Use

Your account is for your sole, personal use. You are responsible for all activity on and use of your account, and you may not assign or otherwise transfer your account to any other User or entity.

 3.3. Prohibited Uses

By using the Platform of Tempfind, you agree that you will not under any circumstances:

  • Use the Platform, or any information contained therein in any way that is abusive, threatening, obscene, defamatory, libelous, or racially, sexually, religiously, or otherwise objectionable and offensive.
  • Use the Platform and its Services for any unlawful purpose or for the promotion of illegal activities.
  • Attempt to, or harass, abuse, or harm another person or group.
  • Use another User’s Tempfind account without permission.
  • Provide false or inaccurate information when registering an account on Tempfind, using our Services or communicating with other Registered Users.
  • Attempt to re-register with Tempfind if we have terminated your account for any or no reason.
  • Interfere or attempt to interfere with the proper functioning of Tempfind’s Services.
  • Make any automated use of the system or take any action that we deem to impose or to potentially impose an unreasonable or disproportionately large load on our servers or network infrastructure.
  • Bypass any robot exclusion headers or other measures we take to restrict access to the Service or use any software, technology, or device to scrape, spider, or crawl the Service or harvest or manipulate data.
  • Use the communication systems provided by or contacts made on Tempfind for any commercial solicitation purposes; or
  • Publish or link to malicious content intended to damage or disrupt another user’s browser or computer.

In order to protect our users from prohibited activity, we reserve the right to take appropriate actions, including but not limited to restricting the number of emails which a User may send to other users in any 24-hour period to a number which we deem appropriate in our sole discretion.

Should Tempfind find that you violated the terms of this Section or any terms stated herein, Tempfind reserves the right, at its sole discretion, to immediately terminate your use of the Platform and it’s Services.

Further, in order to protect the integrity of the Platform, Tempfind reserves the right at any time in its sole discretion to block Users from certain IP addresses from accessing the Platform.

4. Verification Checks

4.1 Consent to run verification checks
YOU AGREE TO ALLOW Tempfind TO PERFORM VERIFICATION CHECKS.

We may use third party service providers to perform verification checks. If we perform verification checks, we perform them to verify the information you provide us (such as your name, address, email address, etc.), the representations and warranties you make in the Terms and on the Site (such as representations regarding your criminal background), and your suitability for Tempfind. The results of these verification checks are made available to Tempfind.

The result of any verification checks on you may impact your ability to access and use the Platform. You are not eligible to register with Tempfind if any of your verification checks results indicate that you have falsified your legal name, address or date of birth, or indicate any background information that, in our sole discretion and subject to applicable law, disqualifies you from using our Platform given the type services, the setting of the services, and the nature of the relationship between Professionals and Clinics.

IF YOU DO NOT WANT VERIFICATION CHECKS TO BE PERFORMED, YOU SHOULD NOT USE Tempfind.

4.2. Release of Liability for Results of Verification Checks
Although Tempfind may perform verification checks, it has no obligation to do so. To the extent Tempfind performs such checks on certain Registered Users, the checks are limited and should not be taken as complete, accurate, up-to-date or conclusive of accuracy of any of the information those users have provided or of their eligibility to use the Platform.

Furthermore, verification checks are performed by separate third party verification services. Tempfind does not have control over or assume, and expressly disclaims, any responsibility for the quality, accuracy, or reliability of, and any liability that may result from the use of, or reliance on, the information such third party services provide.

5. Termination Of Registration

Should Tempfind determine that you are not eligible to use the Platform, have violated any terms stated herein or in any of the Policies, are not suitable for participation as a Registered User, or have misused or misappropriated content on the Platform, including but not limited to, use on a “mirrored”, competitive, or third party site, Tempfind reserves the right, at its sole discretion, to immediately terminate your access to all or part of the Platform, to remove your profile and/or any content posted by or about you, from the Platform, and/or to terminate your registration in Tempfind, with or without notice.Tempfind also reserves the right, in its sole discretion, to terminate your access to all or part of the Platform, to remove your profile and/or any content posted by or about you, from the Site, and/or to terminate your registration in Tempfind, for any reason or no reason, with or without notice. If we terminate your registration, we have no obligation to notify you of the reason, if any, for your termination.

Following any termination of any individual’s use of the Platform, Tempfind reserves the right, subject to applicable privacy laws, to send a notice thereof to other Registered Users with whom we believe the individual has corresponded.

6. Policies

6.1. Privacy Policy

Tempfind will only use the information you provide on the Platform or via other channels in accordance with our Privacy Policy. For more information, see our full Privacy Policy, the terms of which are incorporated herein.

6.2. Shift Cancelation Policy

Tempfind’s Shift Cancelation Policy is designed to provide guidelines for the cancellation of scheduled shifts, promoting transparency and accountability. We encourage all users to familiarize themselves with this Shift Cancellation Policy to facilitate a harmonious and dependable work environment within the Tempfind community.

6.3. Payment Policy

Tempfind’s Payment Policy is designed to provide clarity and guidance regarding financial transactions conducted through the Tempfind platform.  This Policy is a legally binding agreement between Tempfind and Clinics utilizing its services. For more information, see our full Payment Policy, the terms of which are incorporated herein.

6.4. Booking Request Policy

Tempfind’s Booking Request Policy is designed to minimize the number of declinations by Professionals and to establish accountability to ensure that Professionals who open their availability dates fulfill their commitments. For more information, see our full Booking Request Policy, the terms of which are incorporated herein.

7. Links To External Sites

Links from the Platform to external sites (including external sites that are framed by Tempfind) or inclusion of advertisements do not constitute an endorsement by Tempfind of such sites or the content, products, advertising and other materials presented on such sites or of the products and services that are the subject of such advertisements, but are for users’ reference and convenience. Users further acknowledge that use of any site controlled, owned or operated by third parties is governed by the terms and conditions of use for those sites, and not by Tempfind’s Terms of Use and Privacy Policy. Tempfind expressly disclaims any liability derived from the use and/or viewing of links that may appear on this Platform. All users hereby agree to hold Tempfind harmless from any liability that may result from the use of links that may appear on the Platform.

8. Release Of Liability For User Conduct And Disputes

We are not an employer of Professional nor are we an employment agency or a recruitment agency for any Professional. Clinics may seek the services of a Professional through the use of the Platform, and Professionals may post profiles and submit Shift applications to Clinics regarding their services. However, any agreement between a Clinic and a Professional regarding the provision of services is solely between the Clinic and the Professional; Tempfind is not a party to any such agreement. Any issues concerning the conduct of a Clinic or Professional including, without limitation, the services received by the Clinic or payment due to the Professional, must be resolved directly by the Clinic and the Professional. Tempfind will not be held responsible and expressly disclaims any liability whatsoever for any claims, demands or damages direct or indirect of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such issues. By using this Platform or our Services, you do hereby represent, understand, and expressly agree to indemnify and hold Tempfind harmless for any claim or controversy that may arise from any disputes between you and any other user(s) of the Platform. Tempfind will use its reasonable efforts to monitor Professional and Clinic profiles, comments, and general usage of the Platform and suspend privileges to any Clinic or Professional not adhering to the Policies. You agree to take reasonable precautions in all interactions with other users of the Platform, particularly if you decide to meet offline or in person. By using the Platform, you do hereby agree to report any alleged improprieties of any users therein to Tempfind immediately by notifying Tempfind of the same via electronic correspondence.

9. Age Restrictions

Tempfind is intended for people 18 or over. Clinics and Professionals should monitor children’s use of the Internet and deny access to the Platform to anyone under the age of 18. Tempfind will not knowingly collect any information from individuals under 18. You must identify your age during the registration process, and we do not assume any responsibility for any misrepresentations regarding your age when using this Platform. Should we determine that you are under the age of 18, your registration will be terminated immediately.

10. Disclaimers; Limitations; Waivers; Indemnification

10.1 No Warranty
If Quebec law applies to these terms, there are no warranties provided and no liability to you other than those warranties that are required to be provided and those liabilities that may not be disclaimed pursuant to the provisions of the Civil Code of Quebec. The information and materials contained on the Platform, including text, graphics, information, links or other items are provided “as is”, “as available”. Further, opinions, advice, statements, offers, or other information or content made available through the Platform, but not directly by Tempfind, are those of their respective authors, and should not necessarily be relied upon. Such authors are solely responsible for such content.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, Tempfind DOES NOT: (1) WARRANT THE ACCURACY, ADEQUACY OR COMPLETENESS OF THIS INFORMATION AND MATERIALS; (2) ADOPT, ENDORSE OR ACCEPT RESPONSIBILITY FOR THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, OR STATEMENT MADE BY ANY PARTY OTHER THAN Tempfind; (3) WARRANT THAT YOUR USE OF THE SERVICES WILL BE SECURE, FREE FROM COMPUTER VIRUSES, UNINTERRUPTED, ALWAYS AVAILABLE, ERROR-FREE OR WILL MEET YOUR REQUIREMENTS, OR THAT ANY DEFECTS IN THE SERVICES WILL BE CORRECTED; OR (4) GIVE ANY WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS. TO THE EXTENT PERMITTED BY APPLICABLE LAW, Tempfind EXPRESSLY excludes all conditions, warranties and other terms which might otherwise be implied by statute, common law or the law of equity and DISCLAIMS LIABILITY FOR ERRORS OR OMISSIONS IN THIS INFORMATION AND MATERIALS.

IN ADDITION, AND WITHOUT LIMITING THE FOREGOING, Tempfind MAKES NO REPRESENTATION OR WARRANTIES OF ANY KIND WHETHER EXPRESS OR IMPLIED REGARDING THE SUITABILITY OF ANY REGISTERED USER OF OUR SITE TO PROVIDE SERVICES AS A PROFESSIONALS OR TO POST A SHIFT.

10.2. Assumption of Risk
YOU ARE AWARE THAT THERE ARE MANY risks AND DANGERS IN MAKING EMPLOYMENT AND HIRING DECISIONS FOR PROFESSIONAL SERVICES. THESE RISKS AND DANGERS INCLUDE PHYSICAL AND MENTAL ABUSE, BODILY HARM, MENTAL DISTRESS AND THEFT, NEGLIGENCE OF OTHER USERS, AND THE FAILURE OF OTHERS TO TAKE REASONABLE STEPS TO SAFEGUARD OR PROTECT YOU FROM THE RISKS AND DANGERS.

YOU FREELY ACCEPT AND FULLY ASSUME ALL SUCH RISKS AND DANGERS when using the Platform, including but not limited to all of the risks associated with any online or offline interactions with Registered Users of the Platform. You agree to take all necessary precautions when interacting with other Platform Visitors or Registered Users.

10.3. Limitation of Liability
Nothing in these Terms limits or excludes, or will be deemed to limit or exclude, Tempfind’s liability for fraudulent misrepresentation, death or personal injury caused by Tempfind’s negligence or liability that may not otherwise be limited or excluded by law, such as in Quebec.

IN ALL OTHER CASES:

Incidental Damages and Aggregate Liability. In no event will Tempfind be liable for any indirect or consequential damages, losses or expenses arising out of or relating to the use or inability to use the Platform, including without limitation damages related to any information received from the Platform, removal of content from the Platform, including profile information, any email distributed to any user or any linked web site or use thereof or inability to use by any party, or in connection with any termination of your subscription or ability to access the Platform, failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus or line or system failure, even if Tempfind, or representatives thereof, are advised of the possibility of such damages, losses or expenses. UNDER NO CIRCUMSTANCES WILL Tempfind’S AGGREGATE LIABILITY, IN ANY FORM OF ACTION WHATSOEVER IN CONNECTION WITH THIS AGREEMENT OR THE USE OF THE SERVICES OR THE SITE, EXCEED THE PRICE PAID BY YOU FOR YOUR ACCOUNT, OR, IF YOU HAVE NOT PAID Tempfind FOR THE USE OF ANY SERVICES, THE AMOUNT OF $25.00 OR ITS EQUIVALENT.

No Liability for non-Tempfind Actions. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL Tempfind BE LIABLE FOR ANY DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT AND/OR CONSEQUENTIAL, ARISING OUT OF OR RELATING TO THE CONDUCT OF YOU OR ANYONE ELSE IN CONNECTION WITH THE USE OF THE SITE OR THE SERVICES, INCLUDING WITHOUT LIMITATION, BODILY INJURY (EXCEPT IN QUEBEC TO THE EXTENT THE SERVICES ARE AVAILABLE IN QUEBEC), EMOTIONAL DISTRESS, AND/OR ANY OTHER DAMAGES RESULTING FROM ANYONE’S RELIANCE ON INFORMATION OR OTHER CONTENT POSTED ON THE PLATFORM, OR TRANSMITTED TO OR BY ANY USERS OR ANY OTHER INTERACTIONS WITH OTHER REGISTERED USERS OF THE PLATFORM, WHETHER ONLINE OR OFFLINE. THIS INCLUDES ANY CLAIMS, LOSSES OR DAMAGES ARISING FROM THE CONDUCT OF USERS WHO HAVE REGISTERED UNDER FALSE PRETENCES OR WHO ATTEMPT TO DEFRAUD OR HARM YOU.

10.4. Indemnification
By agreeing to the terms of this Terms of Use, users of the Platform agree to indemnify, defend and hold harmless Tempfind and its officers, subsidiaries, affiliates, successors, assigns, directors, officers, agents, service providers and employees from and against any and all claims, losses, expenses or demands of liability, including reasonable attorneys’ fees and costs incurred by Tempfind and its Affiliates in connection with any claim by a third party (including an intellectual property claim) arising out of (i) materials and content you submit, post or transmit through the Platform, or (ii) use of the Platform by you in violation of these Terms of Use or in violation of any applicable law. Users further agree that they will cooperate as reasonably required in the defence of such claims. Tempfind and its Affiliates reserve the right, at their own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by users, and users shall not, in any event, settle any claim or matter without the written consent of Tempfind. Users further agree to hold harmless Tempfind and its Affiliates from any claim arising from a third party’s use of information or materials of any kind that users post to the Platform.

11. Jurisdiction And Choice Of Law

Any dispute arising out of the Platform shall be governed, subject to applicable consumer protection laws of the province or territory where you reside, by the laws of the Province of Ontario, without regard to its conflict of law provisions. Subject to applicable consumer protection laws of the province or territory where you reside, you expressly agree and consent to the exclusive jurisdiction and venue of the courts of Ontario, for the resolution of any such dispute.

12. Miscellaneous

Nothing in this Agreement shall be construed as making either party the partner, joint venturer, agent, legal representative, employer, contractor, or employee of the other. Neither party shall have or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in writing by the party to be bound. The invalidity, illegality or unenforceability of any term or provision of these Terms shall in no way affect the validity, legality or enforceability of any other term or provision of these Terms. This Agreement will be binding on and will insure to the benefit of the legal representatives, successors and assigns of the parties hereto.

13. Contact Information

If you have any questions or need further information as to the Platform provided by Tempfind, or need to notify Tempfind.app as to any matters relating to the Platform please contact Tempfind at:

 

Attn: User Support
Tempfind Inc.
20 Bay Street, Suite 1100
Toronto, ON, M5J 2N8
info@tempfind.com

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