Terms of use

• The provisions set out in these Terms govern your access to and your use of our website and shall constitute a legally binding agreement between you and us. We may change such terms from time to time and shall notify you accordingly if we do. If you do not agree to such terms, you must not use our website.
• Subject to you agreeing to abide by these Terms, we hereby grant to you a revocable, non-exclusive and non-transferable license to use our website on these Terms.
• By registering for an Account, which involves providing us with certain mandatory and voluntary information as required for a successful registration and using our website, you agree and acknowledge that:
• you have read the terms set out in these Terms and agree to be bound by and comply with them; and
• you shall ensure that all Users of your Account abide by these Terms.
• You are responsible for maintaining the confidentiality of your Account and you are responsible for all activities that occur under your Account. You agree that all actions carried out by any person through your Account shall be deemed to be an act carried out by you, and you shall ensure that all persons who have access to and use your Account are authorised to do so. We are not responsible for any loss, damage or liabilities arising as a result of or in connection with the wrongful, fraudulent or illegal use of your Account.
• We reserve the right to, without any notice, explanation or liability and in our sole discretion, refuse to allow you or suspend your access to our website or your Account at any time, or remove or edit content (including content submitted by you) on our website or on any of our affiliated websites.
• We reserve the right to change, modify, suspend or discontinue any portion of the Services, our website or any other products, services, and/or other software tools provided by us in connection with any of the foregoing at any time. You agree that access to or operation of any of the foregoing may from time to time be interrupted or encounter technical difficulties.

General Conditions

• We do not guarantee the accuracy, completeness, validity, or timeliness of information listed by us.
• We make material changes to these terms and conditions from time to time, we may notify you either by prominently posting a notice of such changes or via email communication.
• The website is licensed to you on a limited, non-exclusive, non-transferable, non-sublicensable basis, solely to be used in connection with the Service for your private, personal, non-commercial use, subject to all the terms and conditions of this Agreement as they apply to the Service.

Assumption of Risk

• Although we strive to ensure the accuracy of our information, we cannot guarantee it and we accept no liability whatsoever if the information we provide proves to be incorrect or if you act differently to how you would have acted without our services.
• You acknowledge and agree that any information posted on Our website is not intended to be advice of any kind, and no fiduciary relationship has been created between you and us. You further agree that your purchase of any of the services on the website is at your own risk. We do not assume responsibility or liability for any advice or other information given on the website.

License to use website

• We may provide you with certain information because of your use of the website or Services. Such information may include but is not limited to, documentation, data, or information developed by us, and other materials which may assist in your use of the website or Services (“Our Materials”).
• Subject to this Agreement, we grant you a non-exclusive, limited, non-transferable, and revocable license to use Our Materials solely in connection with your use of the website and Services. Our Materials may not be used for any other purpose, and this license terminates upon your cessation of use of the website or Services or at the termination of this Agreement.

Services

• Our service is offered through the URL https://radviser.com/.
• Subject to the terms and conditions in the Agreement, during the Agreement Term, Radviser hereby grants you limited, non-exclusive, non-transferable, non-sublicensable, worldwide, and revocable rights to access and use the Services solely for your personal purposes. You agree your subscription to access and use the Services is not contingent on delivery of any future functionality or features or the delivery of any other services.
• We provide both free (“Basic Plan”) and paid plans (e.g., Monthly Plan, and Annual Plan) Services. Free plan and paid services are provided on per account basis and include the following Services:
• Basic Plan (Free). Access to a) Library Articles; b) Library Article Questions; c) Library Article Audio Files; d) Salary Insights; e) Cost of Living; and f) eBooks.
• Monthly Plan (24.99CAD/4-week) and Annual Plan Annual Plan (95.88CAD/year). Access to a) Library Articles; b) Library Article Questions; c) Library Article Audio Files; d) Salary Insights; e) Cost of Living; f) eBooks; g) Resume Builder; and h) Cover Letter Builder.
• We may make the Monthly Plan Services available to you on a 7- Day trial basis (1.99 CAD) until the earlier of: (a) the end of the agreed trial period; or (b) termination by us at our discretion. The provisions of these Terms will also apply to the trial period. We may notify you of additional terms that apply to the trial of certain services and any such additional terms are incorporated into these Terms by reference.

Payment

• Some Services may require payment of subscription fees and/or other ad-hoc or ancillary fees before you can access or use them (“Fees”). These Fees will be notified to you through our website.
• If you purchase a recurring subscription from us, the subscription period for your Account shall be renewed automatically at the expiry of each subscription period, until terminated successfully through our website. By purchasing the recurring subscription, you authorise us or our related corporations to automatically charge the Fees:
• upon the commencement of your first subscription period, upon expiration of any applicable trial period or at a date otherwise indicated by us; and
• on the renewal date of the subscription period thereafter, without any further action by you.
• Any Fees due in relation to your Account must be paid by their due date for payment, as notified to you through our website or otherwise. Failure to make timely payment of the Fees may result in the suspension or termination of your access to your Account and/or our website or any of the Services.
• Our Fees may be amended from time to time at our discretion. We will provide you reasonably advanced written notice of any amendment of recurring Fees. Your continued use of a recurring subscription will constitute acceptance of the amended Fees.
• You shall be responsible for any applicable taxes (including any goods and services tax) under these Terms.
• All payments shall be made by using the payment methods specified by us from time to time. You acknowledge and agree that you are subject to the applicable user agreement of any third-party payment methods. We shall not be liable for any failure, disruption or error in connection with your chosen payment method. We reserve the right at any time to modify or discontinue, temporarily or permanently, any payment method without notice to you or giving any reason.
• We must receive payment in full no later than the day on which such payment is required to be paid in immediately available and freely transferable funds, without any restriction, condition, withholding, deduction, set-off or counterclaim whatsoever.
• Unless otherwise notified in writing by us, termination of your Account for any reason whatsoever shall not entitle you to any refund of the Fees. If you cancel your subscription to our website, you may continue to access your Account until the expiry of the subscription period in which the cancellation occurred.
• We may at our sole and absolute discretion, offer a refund of Fees for a particular subscription period where no actions have been taken in respect of your Account during that subscription period and you have notified us in writing of your intention to terminate your subscription within three (3) days of the due date for payment for that subscription period.

Intellectual Property

• You agree that the website and all Services provided by us are the property of Radviser, including all copyrights, trademarks, trade secrets, patents, and other intellectual property (“Our IP”). You agree that we own all rights, title, and interest in and to the Our IP and that you will not use Our IP for any unlawful or infringing purpose. You agree not to reproduce or distribute Our IP in any way, including electronically or via registration of any new trademarks, trade names, service marks, or Uniform Resource Locators (URLs), without express written permission from us.
• To make the website and Services available to you, you hereby grant us a royalty-free, non-exclusive, worldwide license to copy, display, use, broadcast, transmit and make derivative works of any content you publish, upload, or otherwise make available to the website. We claim no further proprietary rights in your Content.

Reverse engineering and security

You agree not to undertake any of the following actions:

• Reverse engineer or attempt to reverse engineer or disassemble any code or software from or on the website or Services.
• Violate the security of the website or Services through any unauthorized access, circumvention of encryption or other security tools, data mining, or interference to any host, user, or network.

User Obligations

As a user of the website or Services, you may be asked to supply identifying information to us. You are responsible for ensuring the accuracy of this information. You must not share such identifying information with any third party, and if you discover that your identifying information has been compromised, you agree to notify us immediately in writing. An email notification will suffice. You are responsible for maintaining the safety and security of your identifying information as well as keeping us apprised of any changes to your identifying information. Providing false or inaccurate information or using the website or Services to further fraud or unlawful activity is grounds for immediate termination of this Agreement.

Non- Disparagement

• You agree not to criticize, defame, be derogatory toward or otherwise disparage us, our services, or our past, present and future officers, directors, managers, agents, representatives, employees, or affiliates, or our or their business plans or actions, to any third party, whether orally or in writing, off-line or online, publicly or in private, including but not limited to social-media, service review platforms, public forums, and so forth.
• You also agree at any time after signing this Agreement, not to make any public statement that is materially disparaging of our business or our affiliates, or any of our executive officers who are known to you to be our employees or our affiliates at the time of any such public statement.

Uploading content to our platform

• You irrevocably and unconditionally represent and warrant that any of your content uploaded to our website complies with our Privacy Policy, the PIPEDA, GDPR and any other applicable laws.
• You are fully responsible for your content uploaded to our website. We will not be responsible, or liable to any third party, for:
• the content or accuracy of any content or data uploaded by you, by us on your behalf, or any other user of our website; or
• the loss of any content or data provided to us by you. You should keep a record of all such content and data.
• We will only use the content uploaded by you for the purposes of carrying out the Services, carrying out our obligations in this Agreement and any other purpose expressly set out in this Agreement or otherwise agreed between us. We will not otherwise disclose or distribute the content uploaded by you, save for when required by law, a court of competent jurisdiction or any governmental or regulatory authority.
• We may use the content uploaded by you for the purpose of data analytics or to implement artificial intelligence or machine learning. Any such content shall be anonymized and used only for the purposes of improving the Services and our response to users of the website.
• We have the right to disclose your identity to any third party claiming that any content posted or uploaded by you to our website constitutes a violation of their rights under applicable law.

Prohibited Uses

• You may use our website only for lawful purposes. You may not use our website:
• in any way that breaches any applicable local or international laws or regulations;
• in any way that is unlawful or fraudulent, or has any unlawful or fraudulent purpose or effect;
• to send, knowingly receive, upload, download, use or re-use any material which does not comply with our content standards as set out in our prevailing terms and conditions as amended from time to time; and
• to knowingly transmit any data, send or upload any material that contains viruses, Trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware.
• You further agree not to use the website or Services:
• to harass, abuse, or threaten others or otherwise violate any person's legal rights.
• to violate any of our intellectual property rights or any third party.
• to upload or otherwise disseminate any computer viruses or other software that may damage the property of another.
• to perpetrate any fraud.
• to publish or distribute any obscene or defamatory material.
• to publish or distribute any material that incites violence, hate, or discrimination towards any group.
• to unlawfully gather information about others.
• You also agree:
• not to reproduce, duplicate, copy or re-sell any part of our website in contravention of the provisions of our Terms; and
• not to access without authority, interfere with, damage or disrupt:
• any part of our website;
• any equipment or network on which our website is stored;
• any software tools used in the provision of our website; or
• any equipment or network or software owned or used by any third party.
• Except as expressly set out in this Agreement or as permitted by any applicable law, you undertake:
• not to reproduce, copy, modify, adapt, translate, publish, display, communicate, transmit, sell, exploit or use the whole or any part of any Service, our website or any of the contents therein for any commercial or other purposes;
• not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the source code of our website nor attempt to do any such thing, or to reproduce, display or otherwise provide access to the Services, our website or any of the contents therein, including but not limited to framing, mirroring, linking, spidering, scraping or any other technological means;
• not to provide or otherwise make available our website in whole or in part (including but not limited to program listings, object and source program listings, object code and source code), in any form to any person without prior written consent from us;
• to include our copyright notice on all entire and partial copies you make of our website on any medium;
• to comply with all applicable technology control or export laws and regulations; and
• not to disrupt, disable, or otherwise impair the proper working of the Services, our website or our servers, such as through hacking, cyber-attacks (including but not limited to denial-of-service attacks), tampering or reprogramming.

Warranties

• While we make all efforts to maintain the accuracy of the information on our website, we provide the Services, website and all Related Content on an “as is” and “as available” basis, unless otherwise specified in writing. We make no representations or warranties of any kind, express or implied, as to the operation of any of the foregoing, unless otherwise specified in writing.
• To the full extent permissible by law, we disclaim all warranties, express or implied, relating to our website or any Services, including but not limited to implied warranties of merchantability and fitness for a particular purpose. We do not warrant that the Services, our website, the Related Content, or electronic communications sent by us are free of viruses or other harmful components.

Limitation Of Liability

• We are not liable for the completeness, accuracy or correctness of any information uploaded on our website and any Related Content. You expressly agree that your use of the Services and our website, including reliance on any Advice, is at your sole risk.
• You agree not to use the Services, our website and the Related Content for any re-sale purposes, and we have no liability to you, whether in contract, tort (including negligence), breach of statutory duty, or otherwise, arising under or in connection with these Terms (including but not limited to the use of, or inability to use, the Services, our website or any other website or software) for:
• loss of profits, sales, business, or revenue;
• business interruption;
• loss of anticipated savings;
• loss or corruption of data or information;
• loss of business opportunity, goodwill or reputation; or
• any other indirect or consequential loss or damage.
• Nothing in these Terms shall limit or exclude our liability for:
• death or personal injury resulting from our negligence;
• fraud; and/or
• any other matter in respect of which we are prohibited under applicable law from limiting or excluding our liability.
• Our website is not intended to serve a record-keeping function and we shall not be liable for any loss of data or content.
• These Terms set out the full extent of our obligations and liabilities in respect of the supply of the Services and our website. Except as expressly stated in these Terms, there are no conditions, warranties, representations or other terms, express or implied, that are binding on us. Any condition, warranty, representation or other term concerning the supply of the Services and our website which might otherwise be implied into, or incorporated in, these Terms whether by statute, common law or otherwise, is excluded to the fullest extent permitted by law.

Indemnity

You agree to indemnify and hold us, our related corporations, and our respective directors, officers, employees, agents and representatives, independent contractors, licensees, successors and assigns harmless from and against all claims, losses, expenses, damages and costs (including but not limited to direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your act, default or omission, whether in your use of our website, Services, and/or any websites or software in relation thereto or otherwise, and whether in respect of your breach of these Terms or any laws or regulations or otherwise.

Service interruptions

We may need to interrupt your access to the website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the website may be affected by unanticipated or unscheduled downtime, for any reason, but that we shall have no liability for any damage or loss caused because of such downtime.

Term, Termination and Suspension

We may terminate this Agreement with you at any time for any reason, with or without cause. We specifically reserve the right to terminate this Agreement if you violate any of the terms outlined herein, including, but not limited to, violating the intellectual property rights of us or a third party, failing to comply with applicable laws or other legal obligations, and/or publishing or distributing illegal material. At the termination of this Agreement, any provisions that would be expected to survive termination by their nature shall remain in full force and effect.

No Warranties

• You agree that your use of the website and Services is at your sole and exclusive risk and that any Services provided by us are on an “As Is” basis. We hereby expressly disclaim any express or implied warranties of any kind, including, but not limited to the implied warranty of fitness for a particular purpose and the implied warranty of merchantability. We make no warranties that the website or Services will meet your needs or that the website or Services will be uninterrupted, error-free, or secure. We also make no warranties as to the reliability or accuracy of any information on the website or obtained through the Services. You agree that any damage that may occur to you, through your computer system, or because of the loss of your data from your use of the website or Services is your sole responsibility and that we are not liable for any such damage or loss.
• To the maximum extent permitted by law, we provide the Services as is and as available. That means that except to the extent expressly set forth in the Agreement, we don’t provide warranties of any kind, either express or implied, including, but not limited to, we may use or disclose your materials only as we describe in these Terms, non-infringement, title and fitness for a particular purpose or use.

Other Important Terms

• We may transfer our rights and obligations under these Terms to another organisation, but this will not affect your rights or obligations under these Terms
• You may only transfer your rights or your obligations under these Terms to another person if we agree in writing.
• No joint venture, partnership or agency or employment relationship has arisen by reason of these Terms.
• These Terms and any document expressly referred to in it constitutes the entire agreement between us regarding their subject matter, and supersedes and extinguishes all previous agreements, promises, assurances, warranties, representations and understandings between us, whether written or oral, relating to that subject matter. You agree that you shall have no remedies in respect of any statement, representation, assurance or warranty (whether made innocently or negligently) that is not set out in these Terms or any document expressly referred to in it. You agree that you shall have no claim for innocent or negligent misrepresentation or negligent misstatement based on any statement in these Terms or any document expressly referred to in it.
• If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. If we do waive a default by you, we will only do so in writing, and that will not mean that we will automatically waive any later default by you.
• Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect.
• These Terms, its subject matter and its formation, and any other disputes or claims in connection therewith, are governed by the law of Canada. In the event of any such disputes or claims in connection with these Terms, you agree to first engage in good faith discussions with us to resolve such dispute or claim. If such dispute or claim is not resolved within sixty (60) days, we both irrevocably submit to the exclusive jurisdiction of the courts of Canada.