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TERMS AND CONDITIONS
Important: Please Read these Terms and Conditions before using the Website Contents
- Acceptance of Which Consultant's terms and conditions
- Definitions
- Our Services
- Disclaimer
- Registration
- Privacy of Information
- Fees
- Refunds
- Relationship
- Links to third party web sites
- Copyright
- Viruses
- Names
- Law
1. ACCEPTANCE OF WHICH CONSULTANT’S TERMS AND CONDITIONS
The following terms and conditions apply to everyone who visits the website (the “Site”). Please read these terms and conditions before accessing or using any of the information on this Site. Registering with Which Consultant, or using our services, requires your acceptance of the terms and conditions contained in this document. Please do not register or use our services if you do not accept these terms and conditions.
2. DEFINITIONS
2.1 “Consultant” means any supplier of consulting skills and services on a short-term or long-term basis, either as an independent consultant or a group of consultants forming a consulting practice or a consortium.
2.2 “Buyer” means any corporation, organization or individual seeking to buy consulting skills and services on a temporary or permanent basis, or to partner with another consultant or consulting practice.
2.3 “Site” means the website and registered domain of www.whichconsultant.com and www.whichconsultant.ca.
3. OUR SERVICES
The primary aim of Which Consultant is to provide an efficient and cost-effective market place for Buyers and Consultants to connect with one another. This is achieved by using one or more of the services offered:
The Consultants’ Directory
The Project Bulletin Board
The Job Position Bulletin Board
3.1 The Consultant Directory
The Consultant Directory is a constantly expanding database of Consultants practising in Canada and internationally, who offer a wide range of functional, industry and business experience and expertise. Through its large database of Consultants, complemented by powerful on-line search facilities, the Directory has two primary functions. Firstly, it enables Consultants to advertise their skills and services directly to prospective Buyers. Secondly, it helps Buyers to quickly locate the right Consultant to meet their specific needs.
3.2 The Project Board
As an alternative to searching directly for a Consultant, the Project Board allows Buyers to advertise for consultants by posting a Request for Proposal (RFP) or Request for Information (RFI) on the Project Board. Using simple on-line search facilities, Consultants are quickly able to identify projects that are of interest to them.
3.3 The Employment Board
From time-to-time, Buyers may wish to recruit a Consultant or someone with consulting experience to fill a permanent or temporary in-house position within their organization. Alternatively, a Consultant may seek another Consultant as a partner or complementary resource for bidding and executing on a particular project. The Employment Board provides a cost-effective medium for Buyers to advertise directly to a pool of resources that is most likely to yield suitable candidates.
4. DISCLAIMER
Neither Which Consultant nor any of its directors, officers, employees, suppliers, sponsors or service providers makes any representations or warranties as to the reliability, accuracy or completeness of the information contained on this Site (including in relation to any products or services), and none of them accept any responsibility arising in any way (including negligence) for errors in, or omissions from, the information contained on this Site. Which Consultant does not verify the information provided by Consultants or Buyers and we are not responsible for the veracity or accuracy of that information. Furthermore, we do not vouch for any Consultant's professional competence. Which Consultant does not accept responsibility or liability in respect of loss, damage or detriment of any kind arising out of an introduction effected through our services.
The information contained on this Site is provided by Which Consultant on an “as is” and “as available” basis. The information is believed to be accurate and current at the date the information was placed on this Site. It is the responsibility of Buyers and Consultants to execute whatever checks they consider appropriate in relation to those matters prior to entering into agreements with each other.
To the fullest extent permitted by applicable law, Which Consultant expressly disclaims all representations and warranties, whether express or implied, including but not limited to implied warranties of merchantability and fitness for a particular purpose, non-infringement or those arising from Statute or usage of trade. Which Consultant makes no warranty that the Site or any products or services advertised on the Site will meet your requirements, or that the Site services will be uninterrupted, timely, secure or error free.
You agree that your use of this Site and the content that is at your sole risk. You should be aware that any material and/or data downloaded or otherwise obtained through your use of this Site is done solely at your own discretion and risk. No advice or information, whether oral or written, obtained by you from or through this Site creates any warranty not expressly made in these Term and Conditions.
The service provided by Which Consultant is limited to matching Buyers with Consultants who meet their project and employment requirements and, as far as is practicable, enabling the parties to make contact. Fees are charged for that service. We cannot guarantee that any such contact will ultimately result in an agreement or contract between the parties, or that any agreement or contract entered into by the parties will have a satisfactory conclusion. Which Consultant has no responsibility, legally or otherwise, for agreements or contracts entered into by Buyers and Consultants or for the performance of services provided under such agreements or contracts.
Which Consultant will actively market its services - and therefore its Consultants and Buyers - to users of consulting services and Consultants themselves. However, we do not directly seek employment opportunities for individual Consultants. It is the responsibility of any Buyer who obtains information about a Consultant to contact the Consultant to discuss the assignment, project opportunity or position. Which Consultant has no involvement in this process. Any consequent agreement or contract between the Buyer and the Consultant arising from contact made through Which Consultant is the joint responsibility of the Buyer and the Consultant. Which Consultant has no responsibility, legal or otherwise, for any aspect of such agreement or contract.
Neither Which Consultant nor its sponsors or service providers can be held responsible for any damage to your computer system or loss of data that results from the download of such material and / or data, or for any reliance to your detriment, which you place on any material on this Site.
5. REGISTRATION
Buyers and Consultants are invited to register with Which Consultant.
Information provided by Consultants in the course of the initial registration process, including that contained in a CV/résumé/company profile accompanying the registration, and in any subsequent modification to those registrations or CVs/résumés/company profiles must be true and accurate, and must properly reflect their skills, experience and professional competence. Which Consultant reserves the right to remove from our database, the registration and CV/résumé/company profile of anyone who provides false or misleading information in registration forms or related documents.
Consultants have full access to their registrations (using their password) and have complete control of them. They can edit/amend them or remove them from our system entirely at any time. Consultants are required to keep up to date, their registrations and CVs/résumés/company profiles. Which Consultant will contact any Consultant whose registration appears to be out of date and, in the absence of a prompt response and appropriate action by the Consultant, we reserve the right to remove any such registration from our system without further notice.
Information provided by Buyers in registering a Request for Proposal, Request for Information or an advertisement for an Employment Position, or in any document or information accompanying such registrations, must be true and accurate, and must properly reflect the project or employment position being registered. All registrations by Buyers will be for a fixed period of time, as set out in the pricing schedule at the time of registration. Which Consultant reserves the right to remove from our database, any Request for Proposal, Request for Information or an advertisement for an Employment Position that provides false or misleading information in registration forms or related documents.
Buyers have full access to their registrations (using their password) and have complete control of them. They can edit / amend them or remove them from our system entirely at any time before the expiry of their contract, after which they will be removed from the database, unless renewed by the Buyer for a further fixed time period.
6. PRIVACY OF INFORMATION
Please refer to our separate Privacy Statement.
7. PRICING AND FEES
On registering for one or more services provided by Which Consultant, Consultants and Buyers will pay the fees according to the schedule of fees set out on the Pricing page. Fees are subject to General Sales Tax. Which Consultant reserves the right to vary its fees and charges without notice. Buyers can choose to pay in Canadian or US dollars. If a Buyer elects to pay in US dollars, the exchange rate is that published by Which Consultant on its website, which is updated on a weekly basis. Fees are payable by credit card (Visa or Mastercard) or by cheque made out in favour of Which Consultant.
8. REFUNDS
Fees are not refundable in the event of a contact not leading to an agreement or contract between a Buyer and a Consultant or if an agreement or contract has an unsatisfactory outcome. If for any reason other than a failure by the Consultant to provide the information required, Which Consultant does not make a Consultant's registration accessible to searches by potential clients, Which Consultant will refund the administration charge or registration fee paid by that Consultant. If, exceptionally, a Buyer is unable to make contact with a Consultant whose name and contact details have been purchased, Which Consultant will attempt to effect the contact. If, for any reason, it proves impossible to do so, Which Consultant may, at its discretion, refund the fee paid by the Buyer.
9. RELATIONSHIP
Registration as a Consultant or use of our site under these terms and conditions do not create any agency, partnership or joint venture, or the relationship of employer and employee, between the Consultant and Which Consultant. A Consultant is not entitled to act as, represent or imply that he or she is our agent, partner or employee for any purpose.
10. LINKS TO THIRD PARTY WEB SITES
From time to time, hyperlinks to other web sites may appear on the Which Consultant web site. Although we believe that linked sites might be of interest to Consultants and Buyers, we have no control over, and we accept no responsibility for those sites or their contents.
11. COPYRIGHT
With the exception of the CVs / résumés / company profiles which remain the property of the individual Consultants, the information on our site and contained in our database is the property of Which Consultant. None of this information may be copied or distributed for commercial purposes without our prior written consent. Any request to use a CV / résumé / company profile for commercial purposes should be addressed to the relevant Consultant or Buyer. None of the information contained in this site may be incorporated in any other work, publication or site whether in hard copy, electronic or other format. You may print or download information from this site for your personal use only.
12. VIRUSES
Although all material we receive is checked with anti-virus software, no system can absolutely guarantee that all viruses, worms, etc. have been identified and removed. We ask that Buyers and Consultants registering with us to ensure that, as far as possible, the CV/ résumé / company profile /project or employment job information, etc. they are sending, is free from such 'infections'. Similarly, we recommend that anyone downloading material from our system check it with anti-virus software. We do not accept responsibility for any virus contracted as a result of visiting our web site (or any web site reached via a link from our site) and disclaim any liability for any loss, damage, costs, expenses or claims suffered or incurred by any person as a consequence of the presence of any virus on this or any other site.
13. NAMES
The names '”Which Consultant”, “www.whichconsultant.com” and “www.whichconsultant.ca” are the logo, trade name, unregistered trademark and registered domain names belonging to Bennington Group Inc.. You may not make any use of this logo, trade name, unregistered trademark and registered domain names without the prior consent of Bennington Group Inc.. Any other product names, trademarks, company names or logos mentioned or displayed on our site are the property of their respective owners.
14. COMPLIANCE WITH LAW
This Site is owned by the Bennington Group Inc., a Canadian company having its offices in Oakville, Ontario, Canada. Any claim or dispute relating to the Site or any of the information contained on the website, shall be governed by and construed as being in accordance with the laws of the Province of Ontario and the Canadian Federal laws applicable in Ontario, without regard to the conflict of laws provisions.
You agree to use the Site only for lawful purposes. You agree that you will not transmit any libellous, slanderous, obscene, scandalous, inflammatory, pornographic or other material that could give rise to a civil or criminal liability under the law. In connection with your use of the Site and the information contained on the Site, you agree to comply with all applicable laws governing the export, import and re-export of information to or from Canada, the United States of America or and any other jurisdiction.
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