AHS Terms of Use

AntHopper Solutions Inc.

These terms and conditions (“Terms of Use”) govern the use by a User (“You,” or “User”) of our website, social media and mobile phone applications, which are owned and controlled by AntHopper Solutions Inc. (“AHS,” the “Platform” or “we”), and the services available to users through this Platform as described hereinbelow (“Services”). Your compliance with these Terms of Use is a requirement to use the Platform. If you do not agree to be bound by the Terms of Use, promptly exit this Platform. AHS reserves the right to modify these Terms of Use from time to time as it deems necessary and will post such modifications and their effective date within the current Terms of Use on this Platform.

1. Ownership of the Platform

AHS is a corporation in the business of providing a platform to streamline the hiring process. The Platform is available on websites, mobile phone devices, tablets, and other handheld devices. These Terms of Use apply to all such platforms. AHS may terminate Services at any time, without penalty and without notice, if you fail to comply with any of the Terms of Use, or the intellectual property protections applicable to these Services. You may browse information on this Platform. However, do not attempt to copy, distribute, modify, transmit or revise the content of the Platform without written permission from AHS. Neither title nor intellectual property rights are transferred to any third party through the use or access to the Platform; rather, all rights, title, and interest in and to all aspects of this Platform remain the sole property of AHS.

2. Viewvator

The following terms and conditions apply to all Candidates, Employers, their agents and other users who have access to or use the Platform, or otherwise indicate their acceptance to this Agreement:
Viewvator is a service that provides Employers the ability to post Job Listings, invite Job Seekers (“Candidates”) to Job Listings, and to review a variety of employment-related knowledge and/or skill assessments (“Assessments”) of Candidates. It also allows Job Seekers to post their information to potential Employers.
Users: Viewvator is made available for use only by individuals seeking to apply to Job Listings and/or complete Assessments (“Candidates”) and by individuals and/or organizations seeking to provide Assessments to Candidates and receive the results of such Assessments, on their behalf or other’s behalf, including but not limited to agencies purchasing for multiple parties (“Employers”), together “Users”.  If you are accessing or using the Platform in your capacity as an employee or other representative of an Employer, you are agreeing to this Agreement on behalf of yourself and such Employer, as applicable, and you represent and warrant that you have the authority to bind such Employer, as applicable, to this Agreement.
Employer Accounts: When you create an account, a Company Page or post material advertising employment opportunities and other job-related contents, including links to third-party websites (“Job Listings”) on the website, you agree that this Agreement and all of AHS’s policies apply to you.

As an Employer, your account is for business use and not for personal use.

In some instances, multiple Users (“Team Members”) may be linked to the same account (a “Shared Account”). A Shared Account is created when the primary account owner(s) (“Admin(s)”) of an Employer account invite other Team Members to the same account. Admins(s) are responsible for managing the hiring process for the Employer. Admin(s) may be given the option to give Team Members certain levels of access and functionality (“Roles”) within the Shared Account. If you are an Admin adding a Team Member to a Role or several Roles, you represent to AHS that you are an authorized representative of this account and that you have the authority to allow this data and access to be shared. When using a Shared Account, any Team Members with access to certain Roles may have access to any or all account information, including but not limited to: communications and actions of all other Users and applicants within the Shared Account, resume contacts, billing information, and Assessment responses, and you consent to such access.

Candidate Profile: By creating a profile through the Platform, you are requesting and authorizing AHS to make available your profile to any Employer that AHS believes may have an interest in your profile, whether or not the Employer has registered for an account on the Platform. The contents of your profile include, but are not limited to: your photo, given name, surname, resume, and email address. By creating a profile on the Platform, we may share with you Job Listings that match the contents of your profile. AHS assumes no responsibility and disclaims all liability for the profile or application information you post, send or receive through the Platform. If you see any inaccuracy in any such material, it is your responsibility to correct such information.
User Content: The Platform may allow Users to post Assessments, Assessment responses, Job Listings, resumes, information, text, images, audio, video, messages, and other materials (any such materials that a User submits, posts, displays, or otherwise makes available on or through the Site is referred to herein as “User Content”). This information is designed to help Employers and Candidates obtain career and company information, facilitate communication, discuss ways to make career decisions, and to let Users know of Job Listings.
Cancelling / Terminating Accounts: You understand and acknowledge that if you cancel your account or your account is terminated, all of your account information, including but not limited to: saved resumes, Profiles, Assessments, network contacts, and email mailing lists, will be marked as deleted and may be deleted from AHS’s databases and will be removed from any public area of the Viewvator website. Information may continue to be available for some period of time because of delays in deleting the account information through AHS’s web servers.
Job Listings: AHS may make available certain employment opportunities and other job-related content, including links to third-party websites (“Job Listings”), through Viewvator’s search results, dashboard, or otherwise through the Platform. Job Listings are created and provided by third parties over whom AHS exercise no control; you acknowledge and understand that AHS has no control over the content of Job Listings, links to or from Job Listings, or any conditions third parties might impose once a Candidate has submitted an application or left the Platform.
AHS may reformat Job Listings so that Users may read them more clearly on a mobile phone. AHS displays Job Listings based on a combination of employer bids, employer invitations and relevance, such as search terms and other activity on the Platform. You are not permitted to use the Platform or its content other than for non-commercial purposes.
Assessments: The Platform makes Assessments available to Employers for their use in their application process, including screener questions, video screening tools, and written screening tools. Assessments are created, selected, and administered by Employers over whom AHS exercises no control; you acknowledge and understand that we have no control over Employers’ use of Assessments or Assessment responses.
By accessing or responding to any Assessment, you agree that an Employer has made the determination to use such Assessment as part of its application process, and the substantive questions Employer asks or chooses are solely determined by Employer, and are not being asked by AHS.  Each Employer is the sole party to determine which answers will qualify a Candidate. Employers are solely responsible for the use of the Platform including any results of their Assessments.
You further understand that in providing any Assessments, AHS is not acting as a job placement agency or staffing firm. You also understand that by using the Platform, you are not guaranteed job interviews, job placements, or any assurance of being hired for any particular job.
Any Assessment response, resume, or application information submitted through the Platform is subject to this Agreement and to AHS’s Privacy Policy. By responding to an Assessment and providing information to the Platform, you are requesting and authorizing AHS to make available your information to the Employer.
AHS does not guarantee that any User will receive, access, read or respond to any such Assessment response, resume or application material.
3. Payment

Payment for use of this Platform is used to compensate AHS for its services, overhead, administration, content, and other corporate costs and fees, including transaction fees for credit card usage. You shall agree to pay all fees and charges associated with your Employer account on a timely basis and according to the posted fee schedule, the terms and the rates as published in the Platform. Such fees and charges (including any taxes and late fees, as applicable) may be charged on your credit card. By providing us with your credit card information you authorize us to bill and charge you through that credit card. You agree to maintain valid credit card information in your account information.

Fees and charges are subject to change.

Payment is processed by a third-party payment processor over which AHS exercises no control.

4. Indemnification and Limitation on Liability

User agrees to indemnify AHS for any claims made by User against AHS, or its related entities or affiliates, or any of their directors, officers, managers, employees, owners, donors, agents, or licensors for any Services provided through the Platform or any reason whatsoever. User further agrees to indemnify and hold harmless AHS, its related entities, affiliates, contributors and their directors, officers, managers, employees, owners, donors, agents, licensors, from and against all losses, expenses, damages and costs, including reasonable lawyer’s fees, resulting from any violation of these Terms of Use.

User agrees that AHS and its affiliates shall not be liable to User or anyone else for any loss or injury caused in whole or in part by relying upon, using, or interpreting the content or any other information obtained through the use of the Platform or any Services offered by AHS. User agrees that AHS is not responsible for faulty referral links, any error, omission, interruption, defect or delay in transmission, order processing, or communication; errors in these Terms of Use or in any Platform-related materials; human-processing error; failures of electronic equipment, computer hardware or software; or damage to your equipment, computer hardware or software, or inaccurate information, whether caused by equipment, programming, human error, or otherwise.
In no event will AHS or its affiliates be liable to User or anyone else for any incidental, consequential, indirect, special or exemplary damages or lost profits arising out of the use or inability to use the content, the Platform or any other information obtained through the Platform, even if AHS, its affiliates, agents or representatives know or have been advised of the possibility of such damages.
These excluded damages include, but are not limited to, legal and any other damage claims or awards, pain and suffering, loss of income, loss of consortium, business interruption, damages for loss of data, loss of programs, and/or cost of procurement of substitute services or service interruptions. AHS’s cumulative liability to you or any other party for any loss or damages resulting from any claims, demands, or actions arising out of or relating to the Platform, the content or these Terms of Use shall not exceed the fees, if any, paid by you or on your behalf for the use of the Platform in the 12 months prior to the alleged loss.

5. Disclaimer of Warranties

AHS does not warrant that access to or use of the Platform will be uninterrupted or error-free or that defects in the Platform will be corrected. This Platform, including any content and information contained within it or any site-related services, is provided “AS IS”, with all faults, with no representations or warranties of any kind, either expressed or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, quality of information, quiet enjoyment, and title/non-infringement. AHS does not warrant the accuracy, completeness or timeliness of the information obtained through the site.

You assume total responsibility and risk for your use of this Platform, Platform-related services, social media and linked websites. AHS does not warrant that files available for download will be free of viruses, worms, trojan horses or other destructive programming. You are responsible for implementing procedures sufficient to satisfy your needs for data backup and security.

6. Proper Use of the Platform

AHS does not endorse any specific tests, products, procedures, opinions, or other information that may be mentioned or described on this Platform. If you rely on any content obtained by you on or through this Platform, you do so solely at your own risk. You are solely responsible for compliance with the laws and regulations applicable to your region or country of residence. Accessing this Platform from any country where its content does not comply with its laws and regulations is prohibited.

User may not use the Platform for any purpose (including any Assessment) that is discriminatory in any way, whether under employment statutes, human rights legislation, Accessibility for Ontarians with Disabilities Act, and any other laws whether statutory, at common law or otherwise. AHS encourages Employers to seek appropriate legal advice in respect of its hiring practices to ensure that they are fair, transparent and lawful at all times.

User is responsible for securing, maintaining and storing any data received through the Platform. AHS will not guarantee any retention of materials uploaded by a User. Specifically, Employers are responsible for ensuring that any information they receive through the Platform is retained and secured in accordance with Personal Information Protection and Electronic Documents Act (S.C. 2000, c. 5) as amended from time to time.

AHS does not approve of fraud or abuse of the Platform. AHS reserves the right at any time and from time to time, to disable or terminate User accounts, any username, password, or other identifier, whether chosen by the User or provided by us, in our sole discretion for any or for no reason, including but not limited to any violation of any provision of these Terms of Use and/or the excessive and/or unauthorized use of the Platform. Excessive and/or unauthorized use of the platform includes, but is not limited to: hacking, phishing, harassing, suspected account-sharing, an abnormally high number of Job Postings, spamming, and misleading others.

7. Hyperlinks

Any link (including a hyperlink, button or referral device of any kind) used on this Platform or on the website or mobile application is provided for your use and convenience. The appearance of a link on this Platform does not constitute an endorsement, recommendation or certification by us, nor should the presence of a link in any way be construed as a suggestion that any third-party website has any relationship with us. We do not endorse the content on any third-party websites. We are not responsible for the content of linked third-party websites or third-party advertisements, and do not make any representations regarding their content or accuracy. We do not knowingly link to websites that may infringe on valid and existing trademarks, service marks, copyrights or patents. Your use of third-party websites is at your own risk and subject to the terms and conditions of use for such websites.

 

8. User Responsible for All Posts and Communication

If you post any information or material to this Platform, you are responsible for such information or material and the consequences of posting them, legally and otherwise. If you choose to post material, you agree to do so solely for lawful purposes and in compliance with all applicable laws. You expressly agree that AHS has no responsibility for or control over the information, creations, data or material you may post to this Platform. AHS does not and is not responsible for screening or monitoring material posted by you or any other person or entity. If notified by one of our Users of any material that is alleged not to conform to these Terms of Use, AHS may investigate the allegation and determine in our sole discretion to remove or request the removal of the material. AHS reserves the right to remove material that is abusive, illegal, disruptive, or that otherwise fails to conform to these Terms of Use. AHS reserves the right to edit or delete any material posted on our Platform, regardless of whether such material violates these standards for content. AHS has no liability or responsibility to you or any other person or entity for performance or non-performance of the screening activities set forth above. AHS further does not represent, warrant or guarantee the truthfulness, accuracy, or reliability of any of the material posted on the Platform. AHS does not endorse any opinions expressed on the Platform. You acknowledge that any reliance on content posted on the Platform, and your use of that content, is at your own risk.

9. Modifications, Termination, Interruption and Disruptions to the Platform

You agree, confirm and acknowledge that we may modify, suspend, disrupt or discontinue the Platform, any part of the Platform or the use of the Platform or mobile application, whether to all Users or to you specifically, at any time with or without notice to you. You agree and acknowledge that we will not be liable for any of the aforementioned actions or for any losses or damages that are caused by any of the aforementioned actions.

The Platform technology is technically complicated and is dependent on third party engineering and hosting in part, and on various factors such as software, hardware and tools, either our own or those owned and/or operated by our contractors and suppliers. We do not guarantee that the Platform will be uninterrupted or that it will be secure, consistent, timely or error-free.

The Platform engages with third-party service providers to enable its service. Hosting, payment processing and other analytics are performed by service providers on behalf of AHS.

10. Forbidden Uses of the Platform

The User of the AHS Platform expressly agrees not to post any material that:

1. Is defamatory, libellous, abusive or obscene, including, without limitation, material which encourages conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any applicable local, provincial, federal or international law;
2. Infringes on the copyright or any other proprietary right of a third party;
3. Would invade the privacy of any other person;
4. Is intended to advertise to or solicit others without our express permission;
5. Constitutes solicitations, chain letters or pyramid schemes;
6. Contains a virus, worm, trojan horse, time bomb, or another harmful program or component; or
7. Interferes with or disrupt networks connected to the Platform, or used for the purposes of delivering the content (or violate the regulations, policies or procedures of such network(s);
8. Attempts to gain unauthorized access to restricted areas of the Platform, other accounts, computer systems or networks connected to the Platform, through password mining or any other means; or
9. Interferes with another User’s use and enjoyment of the Platform.

We have the right in our sole discretion to remove any content that we feel, in our judgment, does not comply with these Terms of Use, along with any content that we feel is otherwise offensive, harmful, objectionable, inaccurate, or violates any third-party copyrights or trademarks. We are not responsible for any delay or failure in removing such content. If you post content that we choose to remove, you hereby consent to such removal, and waive any claim against us. Repeated offense may result in usage suspension and deletion of account.

11. Copyright and Trademark

AHS only purports to use names, logos or marks appearing in this Platform in those regions in which it or its affiliates are entitled to do so, whether by virtue of pending or registered trademarks, licenses, or otherwise. For the avoidance of doubt, AHS does not purport to use any name, logo or mark in any region in which it is not entitled and will not supply or offer to supply products or services bearing any such name, logo or mark into any such region. The use of these trademarks or any other content on this Platform, except as provided in these Terms of Use or in the site content, is prohibited. All content and materials available on AHS, including but not limited to text, graphics, domain names, code, images and logos are the intellectual property of AHS, and are protected by applicable copyright and trademark law. Any use, including but not limited to the reproduction, distribution, display or transmission of any content on the Platform is prohibited.

12. Age Requirements, Password, Email, Texting and Honesty Policy for AHS

You agree that by using the Platform, you are at least (18) years of age if you are a natural person. If you are a corporation, then you are lawfully doing business in Canada. By registering as a User and agreeing to these Terms of Use, you are also agreeing to the terms of the AHS Privacy Policy. By your use of this Platform, you acknowledge that the information provided by you is accurate, true and complete, and you will maintain and update such information during your use of this Platform so that it will remain true, accurate and complete. During your use of this Platform, you may be asked to provide a username and password. You are responsible for maintaining the confidentiality of your password and username and any other security information related to your account. You are fully responsible for all activities taken under your account, username or password. You may not use the account, username or password of someone else. You shall immediately notify AHS of any unauthorized use of your password, username or email. AHS will not be liable for any loss you incur as a result of someone else using your account or password, either with or without your knowledge. You consent to receiving electronic communications from us. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. Your continued use of the Platform signifies your acceptance of any changes to the Platform or the Terms of Use. If you do not accept the changes, your sole and exclusive remedy is to discontinue using the Platform. AHS may change these Terms of Use or any part hereof at any time according to its absolute discretion and without any prior notice. As such, the User is encouraged to check the Terms of Use frequently for any changes or updates. You agree that we may, in our sole discretion, suspend or terminate your access to all or part of our Platform with or without notice and any suspected illegal, fraudulent or abusive activity may be grounds for terminating your use of the Platform and may be referred to appropriate law enforcement authorities. AHS reserves the right to remove or delete any information that you may have on file with us, including any account or login information.

13. Miscellaneous

Nothing in these Terms of Use shall be construed as making either party a partner, joint venture, agent, legal representative, employer 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.

These Terms of Use will be binding and will enure to the benefit of the legal representatives, successors and assigns of the parties hereto.

If any provision of the Terms of Use should, for any reason, be held invalid, prohibited by law or unenforceable in any respect such term will not apply. However, the remainder of these Terms of Use shall be enforced to the fullest extent permitted by law.

“Cookies” are a mechanism whereby we transfer to your hard drive through your web browser information to enable our system to recognize you and provide certain features. AHS may use cookies to define new visitors, help analyze click-stream data, and track historical activity on the website such as response to particular campaigns.

AHS is a company based in Ontario, Canada. The Platform is designed for Users in Canada and adheres to Canadian regulations. AHS does not adhere to the laws of any other country or region. Specifically, AHS does not adhere to The General Data Protection Regulation 2016/679 (EU).

These Terms of Use and the interpretation of these Terms of Use will be governed by and construed under the laws of Ontario without regard to its conflicts of laws principles and will specifically not be governed by the provisions of the Sale of Goods Act (Ontario) and / or the United Nations Convention on the International Sale of Goods, if otherwise applicable. You agree that jurisdiction, and venue, in any legal proceeding directly or indirectly arising out of or relating to the Platform or these terms must be in the provincial or federal courts located in Ontario and you hereby consent and submit to the exclusive jurisdiction in Ontario.

Part 3 (Payment), Part 4 (Indemnification and Limitation on Liability), Part 5 (Disclaimer of Warranties), Part 11 (Copyright and Trademark), and Part 13 (Miscellaneous) shall survive the termination of these Terms of Use.