Terms of Service

Last Updated: July 2026

Job Seekers

Introduction

Welcome to BES Job Board! These Terms of Service govern Your access to and use of the BES Job Board, this Website, and Our Services. By accessing or using this Website or Our Services, You agree to be bound by these Terms of Service. For more information, please visit bessearch.com.

Definitions

Please note that all defined terms in this document are capitalized throughout. For the purposes of this Terms of Service:

Acceptance of Terms

As a Job Seeker, by accessing or using the services provided by BES on any Device, You agree to comply with Our Terms of Service, as well as any additional terms and conditions that may apply. If You do not agree with any part of these terms, You are not permitted to access or use Our Services. As a Job Seeker, You agree to use BES solely for lawful purposes and in compliance with the Terms of Service. You are responsible for ensuring that all information You provide is accurate, complete, and up-to-date.

Registration

To access certain features of BES, You must register an Account on a Device. When registering, You agree to provide accurate and complete information about yourself. You are responsible for keeping Your Account credentials confidential and for any activity that occurs under Your Account.

User Content

By submitting any information (e.g., résumés, cover letters, contact information, etc.) to BES, You are requesting and granting BES permission to store and/or share Your profile with interested Employers, if applicable. Please note that Your profile is not accessible to any Employer by default. It will only become accessible if You apply for a position or if BES Executive Search actively chooses to share Your profile.

Job Listings

BES provides listings of employment opportunities from various Employers, but We do not guarantee the accuracy, completeness, or reliability of these listings. You agree to conduct Your own due diligence before applying for any position listed on Our site.

You acknowledge that before submitting an application through BES, it is Your responsibility to review and ensure You are applying to Your intended Employer and position. Once You provide information to an Employer (whether in the form of a job application, résumé, email, interview material, or otherwise), BES has no control over how the Employer uses or discloses that information. If You wish to request that the Employer delete, modify, or maintain the confidentiality of any such information, You must contact the Employer directly. Unsubscribing from BES will not affect interviews You have already scheduled or retract any résumés or applications already submitted for a job posting. If You need alternative methods to apply, You must contact the Employer directly, as BES is not responsible for the Employer's application process.

Job ads may expire or be removed before Your application is received, causing Your application to become void. Both BES and the Employers to whom You submit Your application may retain Your résumé and related information, regardless of the status of a job ad.

By using BES Job Board, You acknowledge that We are not responsible for the content of an Employer's job application, requirements, messages, screener questions, skills assessments, or their format and method of delivery. BES also does not ensure that Your application will be received by the Employer or that You will receive messages from them. Please note that BES does not control the questions asked by Employers or establish the job qualification criteria. Employers are solely responsible for complying with all relevant laws, including but not limited to the Accessibility for Ontarians with Disabilities Act (AODA). Employers are responsible for providing alternative screening methods if required by the AODA. If You require alternative screening methods, please contact the Employer directly.

BES cannot guarantee that Employers will consider all applications. Employers may ask applicants to voluntarily disclose certain Demographic Information, such as race, ethnicity, gender, or disability status, along with their job applications. This process is separate from BES's collection of Demographic Data, and BES bears no responsibility for these inquiries. If You have any questions or concerns regarding an Employer's application materials, please contact the Employer directly or refer to their privacy policy.

Your Job Seeker Data

As a Job Seeker, You take various actions on Our Site and provide different types of information. For example, You search for jobs, and BES stores information such as the job titles You search for and click on, the locations of those jobs, the general salary range or experience level (if indicated on the Job Listings), the Job Listings You apply to, Your activity level, Your most recent activity on BES, and any other information You provide directly to BES, including desired salary, past experience, Your BES profile details, and Your other behaviours on the site. You are aware of this data because You provided the information or performed the actions, and the data pertains solely to Your activity. By using BES, You acknowledge and agree that BES may collect, record, process, analyse, and store any and all information You provide and any activities You engage in on the site, as well as all interactions and Communications You have with, on, or through the site. By continuing to use BES, You also consent to the collection, storage, and processing of this information in compliance with applicable data-protection laws, including the General Data Protection Regulation (GDPR), where relevant.

When You initiate a job application on a website operated by an Employer or its applicant-tracking system, BES may collect certain information about You and Your actions during the visit through automated means, such as cookies, pixels, and web beacons. This information includes, for example, the Job Listings You viewed and job applications You started and completed. Employers who provide tracking functionality are required to provide any necessary notices and obtain prior consent where applicable. However, You acknowledge and agree that BES has no control over such an Employer or its website. You consent to BES's use of and receipt of information from any such tracking functionality.

If You have an Account, You agree that BES may associate this data with Your Account and use it to suggest jobs to You. You also agree that BES may contact You based on this observed behaviour or the information You have provided, either on behalf of Employers or BES itself. Please note that these actions do not include information sent to You by a third party. When You make changes to Your Account, it may take a few days for the changes to be reflected.

You may have the opportunity to provide BES with certain Demographic Information about yourself, such as Your race and ethnicity, gender, age, LGBTQ+ identity, disability status, and whether You have an arrest or conviction record ("Demographic Data"). By choosing to provide Your Demographic Data, You agree that BES may use it to evaluate and improve Our products and share aggregate summaries of Job Seeker information with Employers. If You do not want Your Demographic Data used in this way, do not provide it to BES. If You have already provided Your Demographic Data, You can request its removal. You also acknowledge and agree that another Job Seeker's Demographic Data is personal information, and to the extent permitted by law, You waive any right to request or view Demographic Data pertaining to any other Job Seeker.

Please note that BES may be required to comply with legal obligations, governmental requests, or to establish or exercise its legal rights or defend against legal claims. For example, BES may receive legal process from courts or law enforcement to disclose user data, including Demographic Data.

Please note that BES may be required to comply with legal obligations, governmental requests, or to establish or exercise its legal rights or defend against legal claims. For example, BES may receive legal process from courts or law enforcement to disclose user data, including Demographic Data. By accepting this Agreement, You consent to BES sharing Your data as necessary to comply with such legal obligations or requests.

Additionally, some Employers may ask applicants to voluntarily self-identify Demographic Information, such as race, ethnicity, sex, disability, and/or veteran status, as part of their job applications. Some Employers are required by law to ask these questions, and You may encounter them when applying for jobs on BES. This process is separate from BES's collection of Demographic Data, and BES is not responsible for these inquiries. If You have questions or concerns about an Employer's application materials, please contact the Employer directly or refer to their privacy policy.

Screening Tools

BES may provide Screening Tools for Employers to use in the application process, including screener questions, phone Screening Tools, and assessments. BES licenses these tools for Employers' use at their discretion. As a Job Seeker, You agree that the Employer has decided to use these tools as part of its application process, and the questions asked are solely determined by the Employer, not by BES. The Employer is the sole party responsible for determining which answers qualify a candidate and for the use of the screening tool, including any results that may have a Disparate Impact.

BES Job Board is not an employment agency. By using the BES Job Board, You acknowledge that it serves solely as a platform for Employers and Job Seekers to exchange information at their discretion. Employers and Job Seekers are fully responsible for the content they provide, any interview requests or job offers made, issues arising from the acceptance or rejection of employment, and any other matters related to the use of Screening Tools.

You further acknowledge that only the Employer is responsible for providing alternative methods of screening if required by the Accessible Canada Act, the Americans with Disabilities Act, or any other equivalent or similar law. BES does not guarantee that the delivery method of these questions complies with any such law.

Communications and Other Actions on the Site

When You view, send, store, or receive Communications or Materials (including Job Listings, résumés, messages, text messages, emails, applications, questions and responses in applications, and any other information) to, on, or through the site on any Device, You agree to the processing, analysis, review, and storage of Your Communications and Materials, including through automated means, for data analysis, quality control, enforcement of the site's rules and other BES policies, content moderation, and to improve the site or any other BES product or Service, whether through automated means or otherwise. BES also utilizes vendors as an extension of the site to collect, record, process, analyse, and store communication data. If You disagree with any part of these terms, do not use the site.

When an Employer views, sends, stores, or receives Communications or Materials through or using the site, BES may notify You of such actions. Additionally, We may inform You when an Employer takes other actions concerning a job ad or Your application, such as pausing or closing a job ad, opening Your application, viewing Your application, responding to Your application, or making a decision regarding Your application or job ad.

Limitation of Liability

You are solely responsible for determining which jobs to apply for and for the content of Your applications. BES assumes no responsibility and disclaims all liability for any actions You undertake. We do not guarantee that applying for job ads will result in job interviews or hiring. We bear no responsibility or liability for the content, accuracy, completeness, legality, or availability of the job ads.

Disclaimer of Warranties

The BES Job Board is provided "as is" and "as available" without any warranties of any kind, whether express or implied. BES does not warrant that the BES Job Board will be uninterrupted, secure, or error-free. You understand and agree that You access and use the BES Job Board at Your own discretion and risk, and that BES disclaims all liability arising out of Your use of the BES Job Board. It is Your responsibility to regularly review the BES Job Board for the most up-to-date information (including, but not limited to, explanations about how features work, disclaimers and disclosures regarding the services provided, and method for charging, if applicable) about BES's products and services. By using the BES Job Board, You agree to all information provided on the BES Job Board. Use of the BES Job Board shall not excuse any lack of information or understanding about BES's products and services where that information is otherwise provided on the BES Job Board.

General Indemnification

You shall indemnify, defend, and hold harmless BES, its agents, Affiliates, and licensors from any claim or liability (including, without limitation, reasonable legal Fees) arising out of or related to: (a) Your violation of any term of this Agreement; (b) Your use of, and access to, the BES Job Board or any BES product, program, or Service; (c) Your loss of, or disclosure of, information gained from using the BES Job Board or any BES product, program, or Service; (d) Your violation of any applicable laws or regulations, including but not limited to the Canadian Human Rights Act, any applicable employment, equality, or discrimination laws, and any applicable data-protection or privacy laws (this includes any claims that BES, as Your agent, violated any such laws); (e) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; (f) any claim that Your content caused damage to a third party; or (g) the activities of any third-party Service providers You may engage to assist You with activities related to Your use of BES products and services. This defense and indemnification obligation will survive this Agreement and Your use of the BES Job Board or any BES product, program, or Service.

Class Action Waiver

By using the BES Job Board, You acknowledge that BES can only offer You these services under the terms and conditions presented herein. As partial consideration for Your use of the BES Job Board, You agree not to sue BES as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against BES regarding Your use of the BES Job Board. If You do not agree to any part of these terms, do not continue Your use of the BES Job Board.

Privacy

Your use of the BES Job Board is also governed by Our Privacy Policy. Please review Our Privacy Policy, which explains how We collect, use, and disclose information that pertains to Your privacy.

Modification of Terms

BES reserves the right to modify or revise the Terms of Service at any time. Any changes will be effective immediately upon posting on this page. Your continued use of Our site after any such changes constitutes Your acceptance of the new Terms of Service. Please review these terms regularly to stay informed of any updates.

Code of Conduct

To maintain a professional and respectful environment on the BES Job Board, all users are expected to adhere to the following guidelines:

Enforcement: Failure to comply with this Code of Conduct may result in warnings, suspension, or termination of access to the BES Job Board. BES reserves the right to investigate and take appropriate action for any violations.

If you have any questions about these guidelines, please contact us at [email protected].

Termination

We reserve the right to terminate or suspend Your access to BES at any time, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service.

Governing Law and Venue

As an organization headquartered in Toronto, Ontario (Canada), this Agreement shall be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without regard to its conflict-of-law principles, and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario.

Notices

Either party may give notice to the other party by means of electronic mail or by written communication sent by first-class mail or pre-paid post, either of which shall constitute written notice under this Agreement. You must give notice to Us in writing sent to [email protected]. We will provide notice to You at the email provided by You or to the mailing address designated on the Account registration (or the then-current mailing address provided by You).

If You have any questions about these Terms of Service, please contact Us at [email protected].

By using the BES Job Board as a Job Seeker, You acknowledge that You have read and understood these Terms of Service and agree to be bound by them.

Employers

Introduction

Welcome to BES Job Board! This Terms of Service delineates the terms and conditions governing the utilization of this platform. By accessing this website and utilizing our Services, You agree to abide by these terms. For more information, please visit www.bessearch.com.

Definitions

For the purposes of this Terms of Service:

Acceptance of Terms

As an Employer—by accessing or using the Services provided by BES—You agree to comply with the Terms of Service and any additional terms and conditions that may apply. If You find any aspect of these terms to be disagreeable, Your access to or use of our Services is not permitted.

Use of the Service

General Use of the Service

As an Employer, You agree to use the BES Job Board solely for lawful purposes and in accordance with these Terms of Service. You are responsible for ensuring that any information You provide is accurate, complete, and up-to-date. Subject to the terms of these Terms of Service, upon online Registration as outlined in Section 4 and the payment of the applicable fee, the Company grants the Employer a limited, non-exclusive, non-transferable license during the relevant Subscription Term to access and use the Services and permit the number and type of individual users (“Authorized Users”) specified in the Registration to access and use the Services exclusively for internal purposes, including talent acquisition endeavours and support with HR and people-related matters.

Use of the Services by Customer Affiliates and Authorized Users.

Customer may permit its Authorized Users, designated Affiliates, and Authorized Users of such Affiliates to access and use the Services pursuant to the terms of this Terms of Service; provided that additional Fees may apply and such allowance does not expand the Company’s liability under Sections 9 and 15 below, and any claim under this Terms of Services or a Registration, must be brought by Employer unless an Affiliate has separately registered directly with the Company for Services. Employer must notify the Company of the identity of any Affiliates exercising rights granted to Customer hereunder. Customer is liable for all Affiliates and Authorized Users compliance with Customer’s obligations under this Terms of Service. Employer must take reasonable steps to prevent unauthorized access to the Services, including, without limitation, by ensuring that all access credentials are kept confidential. No Authorized User will share its credentials or permit another individual to circumvent the privileges restrictions pertaining to the Services. Customer is liable to the Company for all activity that occurs with Customer’s credentials or otherwise through or in connection with Customer’s or its’ Affiliates or Authorized Users’ Accounts, including, without limitation, any unauthorized use or access of the Services through Customer or its’ Affiliates or Authorized Users’ Accounts by Customer or any third parties. If Customer discovers any vulnerabilities or breaches related to Customer’s, an Affiliate’s, or an Authorized User’s use of the Services, Customer will: (a) promptly contact the Company and provide details of the vulnerability or breach; and (b) cooperate with the Company to remediate such vulnerability or breach. As used herein, “Affiliate” of a party means any other entity that directly or indirectly, through one or more intermediaries, controls, is controlled by, or is under common control with, such entity, and “Control” (including as used in the terms “controlled by” and “under common control with”) means the ownership, beneficially or of record, of more than fifty percent (50%) of the voting securities of an entity.

Customer Obligations When Using the Services.

(a) The Customer understands that it has control over who is designated as Authorized Users, their specific roles and access rights, and the files, information, or other data that are uploaded, inputted, or otherwise processed in, through, and to the Services, as well as the specific purpose for which the Services are configured and used. Accordingly, in addition to the Customer’s other obligations under these Terms of Service, the Customer agrees to the following in connection with its use of the Services: (i) the Customer will ensure that it has obtained all requisite consents to enable the Company to provide the Services; (ii) the Customer will not use the Services in any manner that generates inquiries from a law enforcement or other regulatory agency or triggers such an agency to request the suspension of the Services; (iii) the Services may not be used to violate system or network security, including, but not limited to, transmitting files or messages containing computer viruses, or propagating worms, Trojan horses, or spyware programs; (iv) the Customer may not perform any audits, penetration testing, or make any other intrusion attempts on the Services without the Company’s prior written consent; (v) the Services may not be used to transmit any Customer Content that violates or infringes the intellectual property, proprietary, or other rights of third parties, or that is offensive, illegal, or otherwise reasonably objectionable to any person or entity; and (vi) the Customer will not upload any of the following types of information: personally identifiable health information, financial account numbers (such as credit card or bank account numbers), or any other information or combinations of information that fall within the definition of “special categories of data” under applicable European data protection law or “sensitive information” under any other applicable law.

(b) The following describes general use restrictions for the Services. Except as expressly allowed under these Terms of Service, the Customer shall not, directly, indirectly, or through its Affiliates, Authorized Users, employees, or independent contractors: (i) attempt to sell, transfer, assign, rent, lend, lease, sublicense, or otherwise provide third parties the benefit of the Services; (ii) “Frame,” “Mirror,” “Copy,” or otherwise enable third parties to use the Services (or any component thereof) as a Service bureau or other outsourced Service; (iii) allow access to the Services by multiple individuals impersonating a single end user; (iv) modify or use the Services in a manner that interferes with, degrades, or disrupts the integrity or performance of any Company services, systems, or other offerings, including, without limitation, data transmission, storage, and backup; (v) use the Services for the purpose of developing a product or Service that competes with any of the Company’s products or services; (vi) circumvent or disable any security features or functionality associated with the Services; (vii) access the Services or associated data through web scraping or any undocumented process or interface; or (viii) use the Services in any manner prohibited by applicable law or treaties.

Registration

To access certain features of BES, You will be required to register an Account. By registering, You agree to provide accurate and complete information about Yourself. You are responsible for maintaining the confidentiality of Your Account credentials and for any activity that occurs under Your Account.

Fees and Payment Terms

Fees and Taxes

In consideration of the rights granted herein and access to and use of the Services, the Customer shall pay BES the amounts specified at the time of purchase for the Services provided thereunder (“Fees”). Fees are non-refundable and non-cancellable unless expressly agreed otherwise under this Agreement. Taxes are continually evolving and vary by jurisdiction. Therefore, the Fees specified in a Registration are exclusive of any applicable sales, use, import or export taxes, duties, Fees, value-added taxes, tariffs, or other amounts attributable to the Customer’s execution of this Agreement or the purchase or use of the Services (collectively, “Taxes”). The Customer is solely responsible for the payment of any applicable Taxes. BES is responsible for any taxes based on BES’ net income, assets, payroll, property, and employees. If BES is required to pay Taxes on the Customer’s behalf, the Customer shall promptly reimburse BES for all amounts paid.

Billing and Payment Terms.

Fees are payable in CAD and/or USD and are due at the time of purchase or as mutually agreed. BES reserves the right (among other rights and remedies) to suspend the Customer’s access to the Services if undisputed Fees are not paid when due. Amounts payable to BES shall continue to accrue during any period of suspension and must be paid as a condition precedent to reactivation. The Customer’s failure to pay any undisputed Fees when due shall be deemed a breach of a material obligation under this Agreement. Subscriptions, whether annual or monthly, will automatically renew at the end of each subscription period, and payments will automatically be withdrawn from the original form of payment unless written notice of cancellation is provided to BES prior to the renewal date.

Cancellation

Written notice of cancellation must be provided to BES 30 days prior to the renewal date to avoid automatic renewal and subsequent charges. For customers on the annual subscription package, cancellation will terminate access to the Services at the end of the current subscription term, and no partial refunds or credits will be issued for unused time. Customers are responsible for ensuring that cancellation requests are submitted in a timely manner to prevent charges for the next subscription period.

Upgrades and Overages

For monthly subscriptions, upgrades will take effect immediately. The Customer will be charged the difference between the current and upgraded package rates for the remaining days in the current month, and the upgraded package rate will apply starting from the next billing cycle on the 1st of the following month. If you choose to downgrade your plan before the end of your current billing cycle, you will retain access to your original subscription until the start of the next billing cycle. The new subscription fee will be applied beginning with the next billing cycle. Please note that no refunds or credits will be issued for downgrades.

For annual subscriptions, if the Customer wishes to upgrade, a new annual term will begin on the date of the upgrade, and the Customer will receive a prorated credit for the unused portion of their current subscription applied towards the new subscription. The adjusted price will reflect this credit and the rate for the upgraded package. Downgrades are not available during the current subscription term; however, you may choose to switch to a lower-tier plan at the time of your next renewal. We recommend reviewing your options ahead of the renewal date to ensure the plan that best suits your needs moving forward.

If the Customer’s actual usage of the Services during a Subscription Term exceeds the allowance or scope stated in the Registration (“Overage”), the Customer will be required to subscribe and pay for such Overage, prorated, based on the Fee set out in the then-current Registration (or then-current pricing if not specified in such Registration). The Customer may elect to upgrade its Service package, add other then-available add-ons, modules, or integrations, or increase the scope of its subscription to add additional users at the then-current rates (together, “Upgrade Fee”).

Intellectual Property

BES IP

The BES Job Board, Services, AI, underlying technology, and its original content, features, and functionality are core to BES’ business. As such, all rights (including all ownership rights) not expressly granted to the Customer under this Terms of Service are reserved by BES, its suppliers, and licensors. BES and its licensors retain all rights, title, and interest in and to BES’ name, logo, and other marks, the Services, any documentation related thereto, all underlying software, AI models, De-Identified Data, methodologies, and all components, updates, modifications, derivative works, and manifestations thereof, including, but not limited to, all intellectual property and proprietary rights (including, without limitation, any changes incorporating any Feedback) (collectively, “BES Technology”).

You understand and acknowledge that BES, its Affiliates, or its or their licensors, own all rights, title, and interest in the BES Job Board and all proprietary rights associated therewith. BES reserves all rights not specifically granted herein. You shall not modify any copyright notices, proprietary legends, trademark and Service mark attributions, patent markings, or other indicia of ownership on the materials accessed through the BES Job Board, other than Your user content. Any use of materials or descriptions, derivative use of the BES Job Board or its materials, and any use of data mining, robots, or similar data gathering and extraction tools is strictly prohibited. Under no circumstances may You frame any portion of the BES Job Board or any materials contained therein.

The materials on the BES Job Board are provided with ‘Restricted Rights.’ Use, duplication, or disclosure is subject to restrictions as set forth in applicable laws and regulations.

Rights to Customer Content.

As between the parties, any rights to Customer Content are retained by the Customer. The parties agree that Usage Data (defined below) and Feedback (as defined in Section 6.4) are not considered Customer Content for the purposes of this Agreement. As used herein, “Usage Data” refers to data and other information related to the Customer’s use of the Services, including, but not limited to, the number of contracts processed and analysed, the number of tasks created and completed, the number of searches or reports run, and the frequency of log-ins.

License to Customer Content.

The Customer, on behalf of itself and all authorized Affiliates, hereby grants to BES a limited, non-exclusive, royalty-free, worldwide license to use, copy, store, modify, distribute, transfer, and display all Customer Content solely for the purpose of providing the Services. The Customer understands that to build and deliver a great product, BES improves the Services using Usage Data and aggregated and anonymized Customer Content. Accordingly, notwithstanding the foregoing, in compliance with applicable laws and this Terms of Service, BES may: (a) during and after the Term, use Usage Data to develop, improve, support, secure, market, and operate the Services, provided that any Usage Data shared externally is aggregated and anonymized and in a format that is not traceable back to Customer; and (b) improve the Services by producing artificial intelligence (“AI”) models that include Customer Content that has been De-Identified, anonymized, and aggregated so that it does not identify Customer, Customer Affiliates, Authorized Users, or any other individual person or company (for example, converting a governing law clause to a numerical representation that allows an AI model to better understand and identify variations of governing law clauses). BES agrees that once Usage Data and Customer Content are converted to a De-Identified, aggregated, and anonymized format (together, “De-Identified Data”), it cannot be re-identified.

Feedback

The Customer and any Authorized User may submit comments, suggestions, ideas, or other Feedback to BES related to the Services or any offerings (together, “Feedback”). Customer hereby grants BES a perpetual and irrevocable license to use and exploit any portion of Feedback in any manner without any obligation, royalty, or restriction based on intellectual property rights or otherwise. Any Feedback provided by Customer is provided "AS IS," and BES will not attribute any Feedback used to the Customer.

HR Management Tools

The BES Job Board provides human resources management documents and software tools to Employers and their employees (“HR Management Tools”). If You are an employee using any HR Management Tools, You agree that such use is subject to the provisions of this Agreement. You further acknowledge that while BES provides the HR Management Tools for Your use, BES accepts no responsibility for such use. BES does not offer legal advice and cannot guarantee that any HR Management Tool will comply with the law. You retain all responsibility for such compliance. If You have questions or concerns about the legality or appropriateness of any configuration of an HR Management Tool, You must seek Your own counsel.

The BES Job Board also provides Screening Tools to Employers for use in the application process, including screener questions, phone screen tools, and assessments. These tools are licensed for Employers’ use as determined by them. The Employer is solely responsible for determining which answers will qualify a candidate and for using the screening tool, including any results that may have a Disparate Impact.

BES does not act as an employment agency by offering Screening Tools. By using these tools, You acknowledge that BES is not procuring employees for Employers or procuring opportunities for Job Seekers. BES simply provides a tool for enabling Employers and Job Seekers to exchange information as they see fit. The responsibility for the content of any Screening Tools, any requests for interviews or offers made, any issues arising from the acceptance or denial of employment, and any other issues related to the use of Screening Tools lies solely with the Employers or Job Seekers, as applicable.

You also acknowledge that only the Employer is responsible for offering alternative screening methods if required by relevant Canadian legislation, such as the Accessibility for Ontarians with Disabilities Act (AODA) or any other equivalent law.

Third-Party Websites

BES may provide You with access to a link on the BES Job Board to services or products offered by a third party (“Third-Party Service”). If You choose to use the third-party link and its services or products, You are entering a contract directly with the third-party Service, and BES is not a party to this contract. Furthermore, You agree to fully indemnify and defend BES against any claims arising from Your use of a third-party Service's services or products provided to You.

BES may recommend or provide links to third-party websites for various services, including job postings and recruitment platforms. While BES aims to recommend reputable websites, it cannot guarantee the accuracy, reliability, or legality of the content on these third-party websites. BES is not responsible for any damages or losses incurred as a result of Your use of or reliance on content from these third-party websites.

You acknowledge that BES has no control over the content or actions of third-party websites and agree to use these websites at Your own risk. BES recommends reviewing the terms of Service and privacy policies of any third-party websites before using their services.

BES may receive compensation for recommending or linking to third-party websites, but this does not influence its recommendations or the content of its recommendations. By using the BES Job Board and following recommendations to third-party websites, You agree to indemnify and hold harmless BES, its directors, officers, employees, and agents from and against any claims, liabilities, damages, losses, costs, or expenses arising from Your use of these third-party websites.

Indemnification Regarding HR Laws

In no event shall BES, its directors, officers, employees, or agents be liable for any direct, indirect, incidental, special, consequential, or punitive damages arising out of or in any way related to Your failure to comply with EDIA laws in Your jurisdiction, including salary disclosure regulations, based on the advice provided through the BES Job Board. This includes any errors or omissions in the advice provided or any decisions or actions taken based on the advice provided.

By using the BES Job Board, You agree to indemnify, defend, and hold harmless BES, its directors, officers, employees, and agents from any and all claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys’ Fees) arising out of or in any way related to any failure to comply with EDIA laws in Your jurisdiction based on the advice provided through the BES Job Board.

The advice provided through the BES Job Board, including the AI interface, is intended to align with applicable EDIA laws. However, it is important to note that laws and regulations vary by jurisdiction and are subject to change. BES does not warrant or guarantee that the advice provided will conform to all EDIA laws in Your jurisdiction.

Please note that BES does not ultimately select the questions Employers will use or determine the job qualification criteria. Employers are solely responsible for compliance with all applicable laws, including anti-discrimination and data protection laws. Employers are also responsible for offering alternative screening methods if required by relevant legislation or similar laws in their jurisdiction. If You require alternative screening methods, You must devise these for Yourself.

Use of AI Interface

Achieving fairness and EDIA in hiring requires nuanced expertise and unwavering commitment. These concepts are intricate and vary across cultures, lacking a universally agreed-upon definition. At BES, we employ both quantitative and qualitative data to rigorously assess the fairness of our products, beginning with their initial design. We integrate the lived experiences of Job Seekers into our processes, recognizing that learning and improvement are ongoing journeys.

While AI presents exciting opportunities to enhance and support human work, hiring remains fundamentally human. People will always play critical roles in the job-seeking and hiring processes. Decisions about jobs and hiring are pivotal in individuals’ lives, and we aim to uphold the human element in these decisions while enhancing the experience of finding the right job or candidate.

We are committed to responsible innovation. The rapid advancement of AI has opened new doors for Job Seekers and Employers, but embracing these developments responsibly demands careful consideration and clear evaluation. We strive to ensure that these systems are accountable for their outcomes, transparent in their impact on people, well-governed with robust security and safety measures, and respectful of human rights. We welcome open dialogue about the applications of AI in Job Seeking, advertising, and hiring, emphasizing the importance of ethical and responsible practices.

The BES Job Board includes an AI interface designed to aide in creating job description. By using the AI interface, You acknowledge and agree to the following:

Limitation of Liability

Aggregate Liability and Exclusion of Certain Types of Damages

(a) To the maximum extent allowed under applicable law and subject to Section 11.2, the total aggregate liability of each party and its suppliers and licensors relating to, arising out of, in connection with, or incidental to this Agreement, whether for breach of contract, breach of warranty, or any other claim, shall be limited to the actual and proven direct damages incurred, up to the aggregate amounts paid or payable by the Customer hereunder during the twelve (12) months immediately preceding the incident giving rise to the applicable claim. The existence of multiple claims or suits under or related to this Agreement will not enlarge or extend this limitation of damages.

(b) To the maximum extent allowed under applicable law and subject to Section 11.2, in no event will either party be liable for any special, consequential, incidental, indirect, or punitive damages, or for lost profits or lost revenue arising out of or related to the subject matter of this Agreement or the use of or inability to use the Services. The foregoing exclusion and liability limitations apply even if such party has been advised of the possibility of such damages and even in the event of strict or product liability.

Exceptions and Interpretation

(a) Notwithstanding anything to the contrary in this Terms of Service and to the maximum extent allowed under applicable law, Section 11.1 above will not apply to: (i) the amounts incurred by a party when acting as an Indemnitor under Sections 9 or 15; (ii) Customer’s obligation to pay all Fees due under this Agreement for the Subscription Term; or (iii) actual and proven damages incurred by a party arising from the other party’s intentional misconduct or fraud.

(b) The parties agree that: (i) the limitations in Sections 11.1(a) and 11.1(b) are independent of each other; and (ii) the limitation of damages set forth in Section 11.1(a) shall survive any failure of the essential purpose of the limited remedy in Section 11.1(b). The parties agree that they have entered into this Terms of Service and agreed to provide the Services in reliance on the terms of this Section 11, and these terms form an essential basis of the bargain between the parties.

Miscellaneous

This Agreement constitutes the entire Agreement between You and BES, superseding and replacing all prior or contemporaneous representations, understandings, and agreements, whether written or oral. If the Job Seeker Terms or Employer Terms apply to Your use of the BES Job Board, those terms shall take precedence in the event of an inconsistency or conflict with these Terms of Service for all users.

Each provision of this Agreement is separately enforceable. If any provision of this Agreement is found to be unenforceable, it shall be reformed to the extent necessary for the rest of the Agreement to remain in effect.

This Agreement cannot be modified or amended. Written or phone communication between You and a BES employee does not constitute a modification or amendment of this Agreement.

You may not assign or delegate any of Your rights or obligations under this Agreement without BES’s prior written consent, and any such attempt is void. BES may freely assign or delegate its rights and obligations under this Agreement without notice to You. BES and You are not in a legal partnership, agency relationship, or employment relationship. When BES provides the BES Job Board or any related Services to You, it does so solely as an information Service provider.

BES does not act as an employment agency by providing the BES Job Board or its tools. Except as otherwise agreed to in writing, nothing in these terms should be construed as creating any agency, partnership, joint venture, or other form of joint enterprise, employment, or fiduciary relationships between us and third parties. Any reference to such third parties as “partner” does not indicate that such party has any authority to bind us to any agreements or representations on our behalf without our prior written consent.

The term ‘including’ means ‘including without limitation.’

Mutual Confidentiality Obligations

Meaning of Confidential Information

Each party (as the “Receiving Party”) agrees that all code, inventions, know-how, business, technical, and financial information it obtains from the Disclosing Party (the “Disclosing Party”) constitutes the confidential property of the Disclosing Party (together, “Confidential Information”), provided that it is identified as confidential at the time of disclosure or should reasonably be known by the Receiving Party to be Confidential Information due to the nature of the information disclosed and the circumstances surrounding the disclosure. Any Service performance information, pricing terms, and documentation shall be deemed the Confidential Information of BES. Customer Content shall be deemed the Customer’s Confidential Information.

Standard of Care

Except as expressly authorized herein, the Receiving Party will hold in confidence and not use or disclose any of the Disclosing Party’s Confidential Information for any purpose outside the scope of this Agreement. The Receiving Party will use the same degree of care it uses to protect the confidentiality of its own Confidential Information of a similar kind (but in no event less than reasonable care) and will limit access to the Disclosing Party’s Confidential Information to its employees, contractors, advisors, and agents who have a need to know or who require access for purposes consistent with this Agreement and who are bound by confidentiality obligations at least as protective as those in this Agreement. The Receiving Party’s nondisclosure obligation shall not apply to information which the Receiving Party can document: (a) was rightfully in its possession or known to it prior to receipt of the Confidential Information; (b) is or has become public knowledge through no fault of the Receiving Party; (c) is rightfully obtained by the Receiving Party from a third party without breach of any confidentiality obligation; or (d) is independently developed by employees or contractors of the Receiving Party who had no access to such information.

Compelled Disclosure and Equitable Relief

A Receiving Party may disclose Confidential Information if required by a regulation, law, or court order, but only to the minimum extent necessary to comply with such regulation or order, and with advance notice to the Disclosing Party, if permitted. The Receiving Party acknowledges that disclosure of Confidential Information could cause substantial harm for which damages alone would not be a sufficient remedy. Therefore, upon any such disclosure by the Receiving Party, the Disclosing Party shall be entitled to seek appropriate equitable relief, in addition to any other remedies it might have at law, in any court of competent jurisdiction.

Disclaimer of Warranties

The BES Job Board is provided 'as is' and 'as available' without any warranties of any kind, whether express or implied. BES does not warrant that the BES Job Board will be uninterrupted, secure, or error-free. You understand and agree that You access and use the BES Job Board at Your own discretion and risk, and that BES disclaims all liability arising from Your use of the BES Job Board. It is Your responsibility to regularly review the BES Job Board for the most up-to-date information, including but not limited to explanations about how features work, disclaimers and disclosures regarding the Services provided, and methods for charging for BES’s products and Services. By using the BES Job Board, You agree to all information provided on the BES Job Board. Use of the BES Job Board shall not excuse any lack of information or understanding about BES’s products and Services where that information is otherwise provided on the BES Job Board.

General Indemnification

You shall indemnify, defend, and hold harmless BES, its agents, Affiliates, and licensors from any claim or liability (including, without limitation, reasonable legal Fees) arising out of or related to: (a) Your violation of any term of this Agreement; (b) Your use of, and access to, the BES Job Board or any BES product, program, or Service; (c) Your loss or disclosure of information gained from using the BES Job Board or any BES product, program, or Service; (d) Your violation of any applicable laws or regulations, including but not limited to the Canadian Human Rights Act, any applicable employment, equality, or discrimination laws, and any applicable data protection or privacy laws (this includes any claims that BES, as Your agent, violated any such laws); (e) Your violation of any third-party right, including without limitation any copyright, property, or privacy right; (f) any claim that Your content caused damage to a third party; (g) Your actions as an Employer, including without limitation screening, hiring, promoting, or demoting any employee or Job Seeker; or (h) the activities of any third-party Service providers You engage to assist with activities related to Your use of BES products and Services, such as but not limited to facilitating Your sourcing activities or tracking the conversion rates of Job Seekers through to job applicants. This defence and indemnification obligation will survive this Agreement and Your use of the BES Job Board or any BES product, program, or Service.

Class Action Waiver

By using the BES Job Board, You acknowledge that BES can only offer You these Services under the terms and conditions presented herein. As partial consideration for Your use of the BES Job Board, You agree not to sue BES as a class plaintiff or class representative, join as a class member, or participate as an adverse party in any way in a class-action lawsuit against BES regarding Your use of the BES Job Board.

If You do not agree to any part of these terms, do not continue Your use of the BES Job Board. However, nothing in this paragraph limits Your rights to bring a lawsuit as an individual plaintiff, including in small claims court.

Privacy

Your use of the BES Job Board is also governed by our Privacy Policy. Please review our Privacy Policy, which explains how we collect, use, and disclose information that pertains to Your privacy.

Modification of Terms

BES reserves the right to modify or revise the Terms of Service at any time. Any changes will be effective immediately upon posting on this page. Your continued use of our site after any such changes constitutes Your acceptance of the new Terms of Service. Please review these terms regularly to stay informed of any updates.

Code of Conduct

To maintain a professional and respectful environment on the BES Job Board, all users are expected to adhere to the following guidelines:

Enforcement: Failure to comply with this Code of Conduct may result in warnings, suspension, or termination of access to the BES Job Board. BES reserves the right to investigate and take appropriate action for any violations.

If you have any questions about these guidelines, please contact us at [email protected].

Termination

We reserve the right to terminate or suspend Your access to BES at any time, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms of Service. Upon expiration or termination for any reason, Customer and all Authorized Users shall discontinue all use of the Services. The Company may retain relevant Customer Content for financial reporting, compliance, or other legal purposes or that generally resides in any backup systems, but will otherwise dispose of it in the ordinary course. Any Customer Content retained by BES for the foregoing reasons will continue to be protected by applicable terms of this Terms of Service and will remain subject to confidentiality obligations set out in Section 13. The parties agree that definitions, payment obligations of either party, Sections 6, 9, 11, 12, 13, 14, 15, 16, and 20, and other provisions that reasonably should survive to interpret the obligations or parties’ intent of this Agreement will survive any expiration or termination of this Agreement.

Governing Law and Venue

This Agreement shall be governed by and construed in accordance with the laws of Ontario and the federal laws of Canada applicable therein, without regard to its conflict of law principles and any disputes, actions, claims, or causes of action arising out of or in connection with this Agreement or the Services shall be subject to the exclusive jurisdiction of the courts located in Toronto, Ontario.

Notices

Either party may give notice to the other party by means of electronic mail or by written communication sent by first class mail or pre-paid post, either of which shall constitute written notice under this Agreement. Customer must give notice to BES in writing to [email protected]. The Company will provide notice to Customer at the email provided by Customer or to the mailing address designated on the Account Registration (or the then-current mailing address provided by Customer).

If You have any questions about these Terms of Service, please contact us at [email protected].

By using the BES Job Board, You acknowledge that You have read and understood these Terms of Service and agree to be bound by them.