Welcome to BarServe (Also known as “Barserve.com” or “Barserve Inc.”), an online hospitality job web site that connects jobseekers and employers. BarServe is fully owned and operated by Barserve Inc., a Canadian company. By using BarServe, you agree to be bound by these Terms of Use. If you wish to use any services provided by BarServe, please read these Terms of Use and acknowledge your acceptance in the sign up page.

1. Agreement. This agreement sets out the legally binding Terms of Use, by you the employer, of BarServe and your employer account, each of which may be modified by BarServe at any time and without prior notice, such modifications to be effective upon posting on BarServe. "This agreement includes BarServe’s Acceptable Content and Use Policy, Privacy Policy," and any other notices regarding BarServe and its use.

2. Definition of an Employer (As defined by BarServe). An employer is any individual, business or company or an agent or employee of an individual, business or company that uses BarServe for the sole purpose of posting hospitality jobs and/or searching hospitality resumes provided by BarServe. Employers may also be referred to as a ‘User’ or ‘Users’, an ‘Account Holder’ or ‘Account Holders’ or a ‘Recruiter’ or ‘Recruiters’.

3. User Accounts. Each single employer may only have one BarServe employer account for each physical business or company address. A business or company that operates multiple locations under licensing, franchise or any other agreement may create multiple employer accounts, one for each of their respective locations, and post jobs or search resumes for those locations under their respective employer accounts. Attempts to create multiple employer accounts for one physical business or company address under different user names or aliases to avoid payment or manipulate our system in any way may result in termination of all accounts without notice, and be banned from further use of BarServe, Furthermore, attempts made to recruit for multiple locations or companies under one user account may also result in the same consequences. Employers may not create Jobseeker accounts in order to gain access to other employer information or job postings found on BarServe.

4. Term. This agreement will remain in full force and in effect throughout the duration of each employer’s use of BarServe and/or duration that each employer has an employer account. Employers may terminate their employer account at any time, for any reason by contacting BarServe in writing via email, fax or letter. BarServe may terminate employer accounts for any reason, at any time if BarServe feels that the terms and conditions have not been met or have been breached in any way by the employer. If BarServe does terminate an employer account due to a breach of The Agreement, or for any other reason, the employer will not be entitled to access their employer account or have access to any information relating to their employer account or to any refund of unused fees or dues relating to their employer account. Even after an employer discontinues use of BarServe, or their employer account is terminated, this agreement will remain in effect. By using BarServe, each employer represents and warrants that they have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms of Use.

5. Eligibility. Only employers with a physical address in Canada are eligible and permitted to use BarServe and must be using BarServe to solicit staff to work in their physical location. Businesses or companies that operate multiple locations under licensing, franchise or any other agreements may also use our service, as long as it is for the purpose of recruiting for one or more of their specific locations. Any third party businesses, companies or agencies that wish to use BarServe for the purpose of building a database of resumes, or are attempting to resell any information collected on BarSereve, are strictly prohibited to using BarServe.

6. Non Commercial Use by Employers or Others. Employers, recruiters, organizations, companies, and/or businesses may not use BarServe in connection with any commercial endeavors, unless it is for the purpose of posting hospitality jobs or searching hospitality resumes for staff that they wish to employ for their specific location. Employers may not become Jobseekers and attempt any illegal and/or unauthorized uses of BarServe, including collecting usernames and/or email addresses of other users by electronic or other means for the purpose of sending unsolicited email and unauthorized framing of or linking to BarServe will be investigated and appropriate legal action will be taken, including without limitation, civil, criminal, and injunctive redress.

7. Proprietary Rights of Content on BarServe. BarServe owns and retains all proprietary rights of all content on BarServe, excluding where employers may post their trademarked logos or any company information that is protected under copyright. BarServe contains the copyrighted material, trademarks, and other proprietary information of Barserve Inc., except for that information which is in the public domain or for which you have been given written permission, you may not copy, modify, publish, transmit, distribute, perform, display, or sell any such proprietary information.

8. Acceptable Content and Use Policy
1. Employers understand and agree that BarServe may review and delete any content, company information, messages, photos, logos or profiles (collectively, "Content") that in the sole judgment of BarServe, might violate this agreement or be offensive, illegal, or violate the rights, harm, or threaten the safety of users.
2. Employer and/or company profile must describe and depict the employers’ specific establishment, business and location. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent other establishments, companies, businesses, locations or agencies that are either real or fictional or any character, or real individual that is not the employer.
3. Employers are solely responsible for the content that they publish, display or post on BarServe, or transmit to other users.
4. The following is a partial list of types of content that is illegal or prohibited on BarServe. BarServe reserves the right to investigate and take appropriate legal action in its sole discretion against anyone or business who violates this provision, including without limitation, removing the offending communication from BarServe and terminating the employer account(s) of such violators. This includes content that:
• is offensive to the online community, such as content that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual;
• harasses or advocates harassment of another person;
• involves the transmission of "junk mail", "chain letters," or unsolicited mass mailing or "spamming";
• promotes information that you know is false, misleading or promotes illegal activities or conduct that is abusive, threatening, obscene, defamatory or libelous;
• promotes an illegal or unauthorized copy of another person's copyrighted work, such as providing pirated computer programs or links to them, providing information to circumvent manufacture-installed copy-protect devices.;
• contains restricted or password only access pages, or hidden pages or images (those not linked to or from another accessible page);
• contains or displays profanity, nudity, pornographic or sexually explicit material of any kind or anything that violates any municipal, provincial or federal laws;
• provides material that exploits people under the age of 18 in a sexual or violent manner, or solicits personal information from anyone under 18;
• provides instructional information about illegal activities such as making or buying illegal weapons, violating someone's privacy, or providing or creating computer viruses;
• solicits passwords or personal identifying information for commercial or unlawful purposes from other users; and
• engages in commercial activities and/or sales without our prior written consent such as contests, sweepstakes, barter, advertising, and pyramid schemes;

Even though all of this is strictly prohibited, there is a small chance that employers may become exposed to such items and they further waive their right to any damages (from any party) related to such exposure.

5. Employers must use BarServe in a manner consistent with any and all applicable laws and regulations and cannot use the site in any malicious fashion or attempt to gain access to any unauthorized areas of BarServe.
6. Employers may not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the service. Employers may not transmit any chain letters or junk email to other users and although BarServe cannot monitor the conduct of its users off BarServe, it is also a violation of these rules to use any information obtained from BarServe in order to harass, abuse, or harm another person, or in order to contact, advertise to, solicit, or sell to any user without their prior explicit consent.

9. Fees. Employers using any BarServe services are responsible to pay all fees/payments associated with those services regardless of the results received from using BarServe. These fees are outlined within the website. 

10. Payment. Employers that wish to pay with a personal or company credit card for any or all BarServe services, for the purpose of taking advantage of any savings, must pay for each service in full at the time the service is requested. If choosing to pay using our invoicing option, fees relating to each service used, which will be detailed within your invoice, must be paid in full within seven days from the invoice date. If an employer fails to do so, their account may be put on suspension and continue to be suspended until their account has been cleared. This will also not allow an employer to view current posted jobs and applicants relating to those jobs. If an employer fails to clear their account within 30 days from the date invoices were issued, BarServe reserves the right to terminate their account and ban them from further use of BarServe and pursue all means necessary to collect all outstanding payments, including any interest, collection and/or court/legal fees incurred.

11. Results. BarServe does not guarantee any results, in terms of resume leads or fulfilling positions, from the use of BarServe.

12. Posting Jobs. Once an employer posts a job on BarServe, it cannot be edited, altered, deleted or canceled, unless using the invoicing option and the job has not gone live. If the job has gone live and the employer believes that they have added any information that may be incorrect, the employer may contact BarServe to request to edit the job posting. A BarServe representative will assess each change on a case by case basis and decide if any changes can be made. There are no guarantees that a live job posting can be edited. If and when available, an employer can choose to suspend a job posting, but only without refund or credit. Be advised that suspending a job posting will not suspend the time that it will expire. The job will still expire 30 days from the date the job was originally posted.

13. Searching Resume. Employers may choose to use the Search Resume service when and if available. In order to use this service, payment must be made by credit card in full at the time of requesting the use of the service. Once an employer has paid to use this service, they will have access to search our resume database to find potential jobseekers that may meet their specific criteria for employment. Similar to posting a job, this service will expire within its scheduled time as specified within the website. Employers are not entitled to refunds and there are no guarantees that they will receive any results. Employers may cancel this service by simply discontinuing use of the service. Discontinuing use of this service will not suspend the time that the service will expire. The service will still expire at its regular scheduled date.

14. Refunds. There are absolutely no refunds for any services on BarServe regardless of the number of results received from using BarServe. If an employer has posted a job and received absolutely zero responses from Jobseekers for their job posting, BarServe will credit one single job posting, upon the employers written request to do so, at no cost to you for an additional 30 days, one time only. If an employer chooses to use the Search Resume service and does not find any candidates that are suitable to fill their positions, they are not entitled to a refund.

15. Registration and Password. Employers are responsible for maintaining the confidentiality of their information and password(s) and shall be responsible for all uses of their registration and/or password, whether or not authorized by the employer. The employer agrees to immediately notify BarServe of any unauthorized use of their registration and/or password as well as for maintaining the confidentiality of their user ID and password.

16. Copyright Policy. Employers may not post, distribute, or reproduce in any way any copyrighted material, trademarks, or other proprietary information without obtaining the prior written consent of the owner of such proprietary rights. Without limiting the foregoing, if an employer believes that their work has been copied and posted on BarServe in a way that constitutes copyright infringement, they must provide us with the following information: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that is claimed has been infringed; a description of where the material that claims to be infringing is located on BarServe; the employer address, telephone number, and email address; a written statement by the employer that they have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by the employer, made under penalty of perjury, that the above information in their notice is accurate and are the copyright owner or authorized to act on the copyright owner's behalf.

17. Privacy. Use of BarServe is also governed by our Privacy Policy.

18. Disclaimers. BarServe is not responsible for any incorrect or inaccurate content posted on BarServe or in connection with the services provided, whether caused by users or account holders of BarServe, or by any of the equipment or programming associated with or utilized on BarServe. BarServe is not responsible for the conduct, whether online or offline, of any user or account holder of BarServe. BarServe assumes no responsibility for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, user or account holder communications. BarServe is not responsible for any problems or technical malfunction of any telephone network or lines, computer online systems, servers or providers, computer equipment, software, failure of email or players on account of technical problems or traffic congestion on the internet or at any web site or combination thereof, including injury or damage to users and/or account holders or to any other person's computer related to or resulting from participating or downloading materials in connection with the web and/or in connection with BarServe. Under no circumstances will BarServe be responsible for any loss or damage, including personal injury or death, resulting from anyone's use of BarServe or any content posted on BarServe or transmitted to users or account holders, or any interactions between users or account holders of BarServe, whether online or offline. BarServe services are provided "AS-IS" and BarServe expressly disclaims any warranty of fitness for a particular purpose or non-infringement. BarServe cannot guarantee and does not promise any specific results from use of BarServe. The service may be temporarily unavailable from time to time for maintenance or other reasons.

19. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will BarServe be liable to employers or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost earnings or profits arising from the use of BarServe, even if BarServe has been advised of the possibility of such damages. Notwithstanding anything to the contrary contained herein, BarServe's liability to the employer for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by the employer to BarServe for the service during the Term of Use.

20. User Disputes. Employers are solely responsible for your interactions with other BarServe users. BarServe reserves the right, but has no obligation, to monitor disputes between employers and other users. If there is any dispute about or involving BarServe, by using BarServe, the employer agrees that the dispute will be governed by the laws of its province without regard to its conflict of law provisions.

21. Indemnity. Employers agree to indemnify and hold BarServe, its subsidiaries, affiliates, officers, agents, and other partners and employees, harmless from any loss, liability, claim, or demand, including reasonable attorney's fees, made by any third party due to or arising out of the use of BarServe in violation of this agreement and/or arising from a breach of this agreement and/or any breach of your representations and warranties set forth above.

22. Other. This agreement, accepted upon use of BarServe and further affirmed by becoming a user of BarServe, contains the entire agreement between the employer and BarServe regarding the use of BarServe. The failure of BarServe to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision. If any provision of this agreement is held invalid, the remainder of this agreement shall continue in full force and effect. The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

Please contact us with any questions regarding this agreement.
BarServe is a Trade Mark of Barserve Inc.