Terms & Conditions

September 2019

Kigi Agency, hereinafter referred to as "KIGI", uses the websites kigiagency.com and agencekigi.com (www.kigiagency.com and www.agencekigi.com) and software, which together will be referred to as the "Site". The Site makes it possible to put at the disposal of people fifty-five (55) years old and over ("Kigier(s)") a tool to manage their employability profile on line; and for potential businesses to post work opportunities. The purpose of the Site is to help experienced workers share their skills and availability with businesses.

The words "we", "us" and "our" may be used to represent KIGI, its service providers and its subcontractors. The words "you", "your" and "your" will be used, with the words "Kigier", "user" and "business" to represent all individuals, Kigiers, and all entities who consult or use the Site to search for potential candidates. By consulting or using the Site, you agree to be bound by these terms and conditions and any other writings to which they may refer, and you declare the information you provide KIGI or any potential business, representative and employee of a business, is complete and accurate. A misrepresentation may result in your exclusion from placement or subsequent termination for just and sufficient cause if you are a Kigier; and termination of agreement if you are a business.

Use of the Site is governed by these terms and conditions (the "Terms") which constitute a contract between you and KIGI. These Terms may be modified by KIGI and any changes to this Agreement will be effective seven (7) days after the Terms are uploaded to the Site. Please periodically review these Terms in order to be well informed of updates and to contact us fregarding the Terms or their modifications.

  1. DESCRIPTION OF SERVICES

    1. KGI offers the following services to Kigiers registered on the Site:
      1. A system for editing your work experience profile and skills;
      2. A bulletin board of work opportunities;
      3. Secure communication with businesses;
      4. Management of your compensation where a mandate offers compensation;
      5. Work notification by email alert if you accept this form of communication
    2. KIGI offers the following services to businesses duly registered on the Site:
      1. Access to a vast bank of personnel profiles of people fifty-five (55) years or older who are looking for short term and part-time work mandates (i.e. Kigiers);
      2. A multicriteria search engine;
      3. An ability to post one or more positions;
      4. Credit and criminal record checks of selected candidates;
      5. Payroll management for Kigiers hired
    3. Although we check with Kigiers and businesses to ensure the accuracy of the information provided by each, we are unable to guarantee any information at all times and we are not responsible for any inaccuracies or omissions in any information on the Site or provided by you or another user of the Site or by any other person.
  2. USE OF THE SITE - KIGIERS

    1. Registration to the Site by a Kigier is free and mandatory to access the features of the Site and to create an account which can be modified and updated by the Kigier at any time. The registration will also allow you to apply to work offers of businesses registered on the Site.
    2. Kigiers may only use the Site for legitimate purposes of seeking employment. You must not seek to compromise the security of the Site or any information submitted to or made available on it. In particular, you must not take any action or allow any action which will have the effect of breaking, slowing down, damaging or otherwise interfering with the Site, the software or the enjoyment of another Kigier and / or business to use the Site or the KIGI system.
    3. You are solely responsible for maintaining the confidentiality of the username and the password you created; any information you submit to the Site, as well as the veracity and accuracy of their updates. You must ensure the information is neither misleading nor likely to be misleading and does not include any discriminatory, obscene, offensive or defamatory matter and it is not illegal, illegitimate or in violation of the laws, regulations and guidelines applicable in your jurisdiction.
    4. It is important any information provided and communicated by you does not infringe the copyright, trademark or other intellectual property rights of any person regardless of their location. You are also responsible for ensuring information, data and files uploaded to the Site are free of viruses or other mechanisms which could damage KIGI systems, businesses and other Kigiers.
    5. KIGI cannot at any time be held responsible for unauthorized use of your account but in the event your login details are compromised please report it to us as soon as possible so we can help you make changes if necessary.

  3. USE OF THE WEBSITE - BUSINESSES

    1. Businesses register on the Site based on their choice of work opportunity posting (s) and the payment of related fees. You are solely responsible for maintaining the confidentiality of your username and password you created.
    2. It is forbidden to use the Site for purposes other than recruiting staff and contacting the Kigiers on an individual basis. Any other use of the Site and its content is strictly prohibited.
    3. You are solely responsible for any information you submit to the Site, as well as the veracity and accuracy of their updates. You must ensure the information is neither misleading nor likely to be misleading and does not include any discriminatory, obscene, offensive or defamatory matter and it is not illegal, illegitimate or in violation of the laws, regulations and guidelines applicable in your jurisdiction.
    4. It is important any information provided and communicated by you does not infringe the copyrights, trademarks or other intellectual property rights of any person regardless of their location. You are also responsible for ensuring information, data and files uploaded to the Site are free of viruses or other mechanisms which could damage KIGI systems, other businesses and Kigiers.
    5. KIGI cannot at any time be held responsible for unauthorized use of your account but in case your connection details are compromised please report it to us as soon as possible.
  4. INTELLECTUAL PROPERTY

    1. All content created, developed, displayed or generated by KIGI on the Site (text, illustrations, images, logos, codes, registered or unregistered trademarks and URLs) are under the exclusive license of third parties. This content is protected by various laws, including copyright laws. Any reproduction, publication, translation, distribution, downloading, display, or infringement in whole or in part, other than what is specifically provided and authorized, is strictly prohibited. Any unauthorized use of such content exposes the violator to prosecution.
    2. No license or right of use is conferred on you or can be inferred from your registration to the Site. Nothing in the Site should be interpreted in such a way as to allow, directly or indirectly, the use of the content of the Site without the prior written permission of the owner.
    3. The Kigier and the business remain the owners of the copyright in their own content which they transmit on the Site. As a user, you grant KIGI a free, non-exclusive, transferable, perpetual license, valid for all known and unknown media, for display, translation, print and any other use information, in whole or in part or modified, for the purposes of promoting the Site and recruiting candidates and businesses. The license also includes the right for KIGI to allow users of the Site to access the information you transmit to us, to use it and to print it for the sole purposes set out in the Site.

  5. PRIVACY POLICY

    1. By using the Site, you put at KIGI's disposal some information concerning you. This information is collected by KIGI and may be disclosed to third parties in accordance with our privacy policy
    2. We will use the information you provide to facilitate the process of navigating the Site, promoting relevant work opportunities and to do administrative management such as transmitting work details, details of a Kigier, and payroll. We treat any personal information according to the Personal Information Protection and Electronic Documents Act and by accepting these Terms and by using the Site you agree and consent to the collection and use of such personal information and usage.
    3. You will always have the right to request and obtain the withdrawal or correction of the information you have transmitted by contacting KIGI Customer Service.
  6. LIMITATION OF LIABILITY

    1. KIGI has no obligation to find work for a Kigier or to find a Kigier for an business because KIGI does not intervene in the selection process, the interviews or the hiring process. The business is solely responsible for getting in touch with the Kigiers whose profile and skills are suitable for them and the Kigiers are free to choose whether to accept an offer or not.
    2. While we make commercially reasonable efforts to ensure the availability of the Site, we do not represent or warrant in any way it will be continuously accessible at all times for uninterrupted use.
    3. KIGI does not exclude or limit its liability for death or personal injury resulting from gross negligence, fraud, or misrepresentation on our part; nor any other liability which cannot be excluded or limited by applicable law.
    4. To the extent permitted by law, we exclude any warranties or other terms which may apply to the Site or its content. We are not, under any circumstances, liable to the business or the Kigier for loss or damage, even foreseeable, whether in contract or tort, breach of a statutory obligation or otherwise, arising out of use of the Site (or inability to use it); the use or reliance on the content.
    5. We are not responsible for any loss of profits, sales, business or income; interruption of a business's activities or anticipated economies. We use reasonable efforts to ensure the security of the information collected and made available to you and the security of the Site; however, we are not responsible for any loss or damage caused by a virus or malware which could infect your computer hardware, programs, data or other content. We do not endorse the security of websites whose links are found on our Site.
  7. INDEMNITY

    1. You agree to defend KIGI, its partners, directors, officers, employees, agents and representatives (the "Indemnified Persons") in any legal action or claim against you arising from your breach of this Agreement, your use of the Site or action any person having access to your account does and to keep them free from any judgment or decision which may be pronounced against them, in capital, interest and costs. Consequently, the user undertakes to pay all the expenses and fees paid, provided the Indemnified Persons can then be represented by the attorney of their choice.
  8. TERMINATION

    1. As a Kigier, you may terminate your registration to the Site by contacting Customer Service. Without limiting the foregoing, KIGI reserves the right to immediately close the account of a Kigier when it judges their conduct is unacceptable or in case of violation of this contract.
    2. As a business, you may stop using the Site at any time, but you remain responsible for any communication with a Kigier regarding a posted position to which an application has been made and any work in progress. Without limiting the foregoing, KIGI reserves the right to immediately close the account of a business when it deems their conduct unacceptable or in the event of breach of this contract.
    3. KIGI may terminate all services offered on the Site at any time and in its sole discretion without compensation of any kind. Where notice may be given, we will do our best to notify you on the Site.
  9. EXCLUSIVE JURISDICTION

    1. The present Terms, as well as any questions related to your direct or indirect use of the Site, are governed by the laws of the province of Quebec and the federal laws applicable in the province of Quebec. Any dispute will be submitted to the competent court of the territory; however, the foregoing does not limit KIGI's ability to apply to the courts of other jurisdictions to seek the injunctions and remedies necessary to put an end to persistent violations.
  10. CONTACT US

    KIGI AGENCY, 28 MERCIER STREET,
    MONTREAL, QC H9A 1h5,

    www.agencekigi.com or www.kigiagency.com