Terms and Conditions

​

Terms and Conditions of Use for www.smartvac.ca and Associated Web Sites www.tksindustries.com and www.smartvachydrovacs.com associated Websites (collectively referred to as the “Websites”) are managed by the TKS Industries Ltd. (TKS Industries). TKS Industries offers this service to individuals seeking employment. TKS Industries requires that you (the “User”) agree to these terms and conditions of use. Carefully read all of the terms and conditions below. If you do not agree with these terms and conditions please do not continue browsing the Websites.

BY CONTINUING TO ACCESS OR USE THE WEBSITES, YOU AGREE TO THE FOLLOWING TERMS AND CONDITIONS:

1. PERMITTED AND PROHIBITED USES
i. This Websites may not be used to upload to, post, transmit, distribute or otherwise publish any content which is:

a. unlawful, obscene, pornographic, harassing, threatening, invasive, abusive, defamatory, libelous, hateful, encourages criminal conduct or is in any way objectionable;

b. an infringement of any intellectual property or other right of any entity or person, including, but not limited to a violation of anyone's copyrights or trade marks;

c. in violation of any applicable law, advocating illegal activity, or advertising or otherwise soliciting funds or is a solicitation for goods or services;

d. incomplete, contains false information or is not entirely your own, or for which you do not have full rights to use; or

e. gathered for the purpose of selling employer, potential employee or user data.

ii. Users of the Website, shall not violate or attempt to violate the security of the Website; without limiting the foregoing, Users agree not to:

a. send to other users, potential employees or employers unsolicited email, spam, promotions and/or advertising of products or services;

b. attempt to probe, scan or test the vulnerability of the Website or the underlying system or network or to breach security or authentication measures without proper authorization;

c. submit a virus or malicious code to the Website, overload, or cause the Website to crash. Any violations of this kind will be investigated, and TKS Industries will take the necessary steps to work with enforcement authorities to prosecute such violations;

d. engage in any activity that is considered, in the sole discretion of TKS Industries to restrict or inhibit any other User from their normal intended use of the Website.

2. SUBMISSIONS BY USERS
Users of the Website agree that any material, including but not limited to questions, comments, suggestions, ideas, plans, notes, drawings, original or creative materials or other information, provided by Users in the form of email or submissions to TKS Industries or postings on the Website, are non-confidential and are the sole property of TKS Industries along with any intellectual property rights associated therewith. TKS Industries shall own exclusive rights and shall be entitled to the unrestricted use of these materials for any purpose, commercial or otherwise, without acknowledgment or compensation to you, and you hereby waive all right, including moral rights, associated with such materials.

3. DISCLAIMER
The content and materials on the Website are provided on an "as is" basis and without warranty, representation or condition of any kind, either express or implied including, without limitation, implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement. TKS Industries does not represent or warrant that content or materials available on the Website are accurate, complete, reliable, current or error-free. TKS Industries does not represent or warrant that the Website or its server(s) are free of viruses or other harmful components or that the Website will be available or accessible at any given time.

4. LIMITATION OF LIABILITY
TKS Industries shall not be liable for any direct, special, indirect or consequential damages or any other damages of any kind, including but not limited to loss of use, loss of profits, or loss of data, whether in an action in contract, tort (including but not limited to negligence), or otherwise, arising out of or in any way connected with your use or access of the Website or the content or materials contained in or accessed through the Website.

5. INDEMNITY
As a User, you agree to indemnify, defend, and hold harmless TKS Industries, its officers, directors, employees and agents, from and against any claims, actions or demands, including without limitation reasonable legal fees and expenses for any information or content you provide on or through the Websites or any use or misuse of the contents or materials on the Website including, without limitation infringement claims.

6. COPYRIGHT AND TRADEMARKS
All software, content and materials on the Websites including without limitation, programming to create web pages, text, logos, graphics, illustrations, audio clips, and video clips and any other media, are protected by copyright law and are owned and controlled by TKS Industries or by other parties that have licensed their material to TKS Industries content and material from the Websites or from any other Website owned, operated, licensed or controlled by TKS Industries may not be copied, reproduced, republished, uploaded, posted, transmitted, modified or distributed in any way without the express prior written permission of TKS Industries Other product and company names and logos appearing on the Website may be registered or unregistered trade-marks of their respective owners. Nothing in these terms and conditions shall be construed as granting you a license to use the trade-mark or trade names displayed on the Website, and as such, any use of such trade-marks or trade names is strictly prohibited unless otherwise stated.

7. PRIVACY OF PERSONAL INFORMATION
TKS Industries collects, uses and discloses your personal information in accordance with TKS Industries’ privacy policy. By accepting these terms and conditions, and each time you use or access the Websites, you agree to the privacy policy terms and conditions as they then read.

8. TERMINATION
Notwithstanding any of these terms and conditions, TKS Industries reserves the right, without notice and in its sole discretion, to terminate use the Website, and to block, prevent or suspend further access to and use of the Website if you breach or have breached any of these terms and conditions. Notwithstanding such termination, your prior use of the Website continues to be governed by these terms and conditions and the terms and conditions of the privacy policy. Sections 2, 4, 5, 6, 7, 8, 9 survive indefinitely after the termination of these terms and conditions.

The terms and conditions described in this document are governed by and construed in accordance with the laws of Canada.
TKS Industries reserves the right to make changes and corrections to the terms and conditions for use of the Website at any time, without notice.

9. GENERAL RULES
i. Communications between TKS Industries and potential employees, and any concerns arising from these communications are the sole responsibility of Users of the Website.

ii. Removing or altering any material posted by other users on this site is strictly prohibited. Modifying, copying, distributing, transmitting, reproducing, publishing, selling, transferring or licensing information on the Website is prohibited.

iii. For your convenience, links to other Website or resources not associated with the Websites are provided. Links to such Website is not an endorsement of the linked site. If you decide to access linked third-party Website, you do so at your own risk.

iv. These terms and conditions, including any changes made to the terms and conditions from time to time, constitute the entire agreement between you and TKS Industries relating to your use of the Website, and supersedes all previous agreements, written, oral or otherwise, between you and TKS Industries with respect to your use of the Website.

v. If any provision of these terms and conditions are found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severed from the rest of these terms and conditions and shall not affect the validity and enforceability of any remaining provisions.

vi. These terms and conditions ensure to the benefit of and are binding upon each of TKS Industries and its successors and assigns and related persons, and you and your heirs, executors, administrators, successors, permitted assigns, and personal representatives. You may not assign your rights and obligations under these terms and conditions without the express prior written consent of TKS Industries which may be withheld in TKS Industries’ sole discretion. TKS Industries may assign its rights and obligations without your consent.

No consent or waiver by either party to or of any breach or default by the other party in its performance of these terms and conditions will be deemed or construed to be a consent to or waiver of a continuing breach or default or any other breach or default of those or any other obligations of that party. No consent or waiver will be effective unless in writing and signed by both parties.