User Agreement

Please read these terms and conditions (these “Terms”).

The word “you” as used in these Terms means you, the individual accessing these Terms, and, where applicable, the organization on whose behalf you are accessing these Terms, and “your” has a corresponding meaning. “Ontario” means Her Majesty the Queen in Right of Ontario, as represented by the Minister of Health and Long-Term Care. The word “we” means you and Ontario, together.

If you do not have the authority to bind your organization, or if you do not agree to these Terms, you should immediately discontinue any use of the Community Mental Health Careers (workinginmentalhealth.ca) website (the “Site”). If you do agree to these Terms, please indicate your acceptance of them by clicking on the box marked “I Accept” below. This acceptance and your access to, and continued use of, the Site constitute your acceptance of these Terms and your indication of your intention to be contractually bound by them.

1. Specific Permitted Uses. You are hereby authorized to post the following types of job listings (“Content”) to the Site:
   1. recruitment advertisements for paid full-time, part-time, permanent, temporary, or contract positions; and
   2. placement opportunities for students enrolled in college or university programs that require a field placement component.
2. Prohibited Use. You shall not:
   1. Post content to the Site that contains any computer code which is designed to adversely affect or interfere with the use or operation of any computer software, equipment or computer system, including, without limitation, time bombs, Trojan horses, time locks and viruses;
   2. post content to the Site that is unlawful, harmful, threatening, abusive, defamatory, obscene, hateful, seditious or misleading;
   3. post content to the Site where such posting would infringe the intellectual property rights, or any other rights, of a third party; or
   4. Post content that violates the privacy rights of an individual
3. Removal. Despite anything else in these Terms, Ontario may at any time, and for any reason, remove from the Site any content or any other information that you have posted to the Site for any reason or for no reason.
4. Password and Access Information. You must hold all passwords and access information in strict confidence and not transfer or share them. You shall be responsible for all uses of your password and access information, whether or not authorized by you. You shall notify Ontario immediately, using the information set out below in Article 15 (Contact), in the event of any unauthorized use of your password or access information.
5. No Warranty. ALL ACCESS TO, AND USE OF, THE SITE AND ALL DATA AND OTHER INFORMATION STORED IN, ACCESSIBLE FROM, GENERATED BY, OR ACQUIRED FROM THE SITE ARE PROVIDED TO YOU “AS IS”. YOU ACKNOWLEDGE AND AGREE THAT THERE IS NO REPRESENTATION, WARRANTY, CONDITION OR OTHER PROMISE OF ANY KIND, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING AS TO NON-INFRINGEMENT, AVAILABILITY, COMPLETENESS, ACCURACY, RELIABILITY, CURRENCY, VERACITY, MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE, GIVEN BY ONTARIO IN RELATION TO THE SITE, OR IN RELATION TO DATA OR OTHER INFORMATION STORED IN, ACCESSIBLE FROM, GENERATED BY, OR ACQUIRED FROM THE SITE.
6. Limitation of Liability. YOU ACKNOWLEDGE THAT ONTARIO IS NOT RESPONSIBLE FOR:
   1. ANY AND ALL LIABILITY, CLAIMS, DEMANDS, LOSSES, COSTS, DAMAGES, EXPENSES, (INCLUDING STRICT LIABILITY IN TORT); AND
   2. ALL ACTIONS, CAUSES OF ACTION, SUITS OR OTHER PROCEEDINGS BY WHOMSOEVER MADE, SUSTAINED, BROUGHT OR PROSECUTED, IN ANY MANNER BASED UPON, OCCASIONED BY OR ATTRIBUTABLE TO:
      1. ANYTHING DONE OR OMITTED TO BE DONE BY ONTARIO;
      2. ALL OR ANY PART OF THE SITE;
      3. ALL OR ANY DATA AND OTHER INFORMATION STORED IN, ACCESSIBLE FROM, GENERATED BY, OR ACQUIRED FROM THE SITE;
      4. THE USE OF THE SITE, THE USE OF SUCH DATA AND OTHER INFORMATION STORED IN, ACCESSIBLE FROM, GENERATED BY, OR ACQUIRED FROM THE SITE, OR THE USE OF ANY SUCH OTHER DATA OR OTHER INFORMATION, BY YOU; OR
      5. THE INABILITY TO USE OR ACCESS THE SITE.
7. Indemnity. You hereby agree to indemnify and hold harmless Ontario from and against any and all liability, loss, costs, damages and expenses (including legal, expert and consultant fees), causes of action, actions, claims, demands, lawsuits or other proceedings, (collectively “Claims”), by whomever made, sustained, brought or prosecuted, including for third party bodily injury (including death), personal injury and property damage, in any way based upon, occasioned by or attributable to your use of the Site or these Terms. You further agree to indemnify and hold harmless Ontario for any incidental, indirect, special or consequential damages, or any loss of use, revenue or profit, by any person, entity or organization, including without limitation Ontario and the Ministry of Health and Long-Term Care, claimed or resulting from such Claims.
   You hereby agree at all times to defend, indemnify and hold harmless Ontario from and against any and all liability, losses, costs, damages, expenses (including all reasonable legal, expert and consultant fees), causes of action, and proceedings of any kind, by whomever made, sustained, brought or prosecuted in any way based upon, occasioned by or attributable to any actual or possible use, infringement, inducement of infringement or violation of any intellectual property rights or infringement of any moral rights that results from or is alleged to result from your performance of, or your failure to perform, your obligations under these Terms, or the exercise by or on behalf of Ontario, of any of Ontario’s rights under these Terms.
8. Information. You acknowledge and agree that you are wholly and solely responsible for your actions and communications in relation to the Site. Specifically, you are responsible for the form, content and accuracy of any information that you post to the Site.
9. Licence. You hereby grant to Ontario a royalty-free, perpetual license to copy, modify, publish including on its own intranet and on the Internet, translate, distribute, communicate to the public and otherwise use (in whole or in part) and to incorporate in other works including in one or more collective works, in any form or format, media, or other technology now known or later developed, for any purpose related to the Site, any Content that you post to the Site.
   You hereby permit any person who may access the Content at any time, by any means, in any form and in any format, a licence to copy, modify, translate, distribute, publish and otherwise use the Content, including to create derivative works based on the Content.
10. Warranty. You warrant that:
    1. You own the Content and all intellectual property rights in the Content, or otherwise have the necessary right or rights to grant each and every licence and right granted by you under these Terms, without violating the rights of any third parties; and
    2. The Content does not and shall not, and the use of the Content in accordance with these Terms does not and shall not, in any way infringe or violate or induce the infringement of any third-party intellectual property rights or any other right of any third party.
11. Jurisdiction. These Terms will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein and shall be treated in all respects as an Ontario contract, without reference to the principles of conflicts of law. In the event of a dispute, we agree to submit to the exclusive jurisdiction of the Ontario courts and to waive any objections based upon venue.
12. Status of Parties. You shall have no power or authority to bind Ontario or to assume or create any obligation or responsibility, express or implied, on behalf of Ontario. You shall not hold yourself out as an agent, partner or employee of Ontario. Nothing in these Terms shall have the effect of creating an employment, partnership or agency relationship between Ontario and you (or any of your directors, officers, employees, agents, partners, affiliates, volunteers or subcontractors) or constitute an appointment under the Public Service Act, R.S.O. 1990, c. P.47, as amended or replaced from time to time.
13. Further Assurances. We agree to do or cause to be done all acts and things necessary to implement and carry into effect these Terms to their full extent.
14. Severability. The invalidity or unenforceability of any provision of these Terms shall not affect the enforceability of any other provision of these Terms and any invalid or unenforceable provision shall be deemed to be severed.
15. Contact. You shall direct any communications relating to the Site or these Terms to:
    

    Wimh@moh.gov.on.ca
    Workinginmentalhealth.ca
    Ministry of Health and Long-Term Care
    Mental Health & Rehabilitation Policy Unit
    80 Grosvenor Street – 8th floor Hepburn Block
    Toronto, Ontario
    M7A 1R3