Terms of Use
Last Updated: December 2024

1. Acceptance of Terms

By accessing or using Gig Marketplace at the Conestoga College Institute of Technology and Advanced Learning (www.conestogagigs.ca) and its services (our “Site”), you agree to be bound by these Terms and Conditions of Use (“Terms”) and all applicable laws. These Terms govern your access to and use of our Site, including any content, functionality, and services offered on or through our Site. If you do not agree with these Terms, please do not use our Site.

2. Changes to Terms

We reserve the right in our sole discretion to modify or replace these Terms at any time. Changes will be posted on this page with the “Last Updated” date and are effective immediately upon posting and apply to all access to and continued use of Gig Marketplace. Your continued use of our Site after changes are made constitutes acceptance of the new Terms.
The information and material on Gig Marketplace may be changed, withdrawn, or terminated at any time in our sole discretion without notice. Gig Marketplace will not be liable if, for any reason, all or any part of our Site is restricted to users or unavailable at any time or for any period.

3. Intellectual Property

You understand and agree that our Site and its entire contents, features, and functionality, including, but not limited to, all information, text, graphics, logos, videos, audio, design, images, and software, is the property of Gig Marketplace or its licensors and is protected by copyright, trademark, patent, trade secret, and other intellectual property laws. You may not reproduce, distribute, modify, or create derivative works from any content on our Site without our prior written permission.

The Gig Marketplace name, trademarks, and all related names, logos, product and service names, designs, images, and slogans are trademarks of Gig Marketplace or its affiliates or licensors. You must not use such marks without the prior written permission of Gig Marketplace. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on our Site are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use our Site for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Site, in any form or medium, except:

Your computer and browser may temporarily store or cache copies of materials being accessed and viewed; A reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and In the event social media platforms are linked to certain content on our Site, you may take such actions as our Site and such third-party social media platforms permit.

You are not permitted to modify copies of any materials from Site nor delete or alter any copyright, trademark, or other proprietary rights notices from copies of materials from our Site. You must not access or use for any commercial purposes any part of our Site or any services or materials available through our Site.

4. Conditions of Use and User Submissions

The following conditions of use apply to any and all content, material, and information a user submits, displays, or transmits (collectively, “submit”) to our Site or to other users or persons (collectively, “User Submissions”). As a condition of your access to and use of our Site, including related to any User Submissions, you agree that you may use our Site only for lawful purposes and in accordance with these Terms. Specifically, you agree that your use of our Site shall not: Violate applicable laws or regulations, or otherwise conflict with these Terms; Harm or impair our Site or interfere with other users’ enjoyment of it; Lead to unauthorized access to any part of our Site or its related systems or networks; Transmit any viruses, malware, or other harmful content; Violate the terms of use of any third-party website that is linked to our Site; Include any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in Gig Marketplace’s sole discretion; Attempt to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or ask for personal information as prohibited under applicable laws, regulations, or code; Involve, provide, or contribute any false, inaccurate, or misleading information;
Send, knowingly receive, upload, download, use, or reuse any material that does not comply with the Terms;
Impersonate or attempt to impersonate Gig Marketplace or one of its affiliates; Gig Marketplace, or its affiliates’, respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors; another user; or any other person or entity (including, without limitation, by using email addresses or screen names associated with any of the foregoing); or Transmit, or procure the sending of, any advertisements or promotions without our prior written consent, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.

4. User Submissions: Grant of License

Our Site may allow User Submissions on or through our Site.

None of the User Submissions you submit to our Site will be subject to any confidentiality by Gig Marketplace. By providing any User Submission to our Site, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the license hereof to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms. You represent and warrant that all User Submissions comply with applicable laws and regulations and the Terms.

You understand and agree that you, not Gig Marketplace nor Gig Marketplace’s parent, subsidiaries, affiliates nor their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. We are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of our Site.

5. Third-Party Links

Our Site may contain links to third-party websites or services not owned or controlled by Gig Marketplace. We have no control over, and assume no responsibility for, the content, privacy policies, or practices of any third-party websites or services.

6. Disclaimer of Warranties

The content on our Site is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction based on the content on our Site.

OUR SITE, ITS CONTENTS, OR SERVICES OR ITEMS FOUND OR ATTAINED THROUGH OUR SITE ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED REPRESENTATIONS, WARRANTIES, OR GUARANTEES OF ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, CURRENCY, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. WE DO NOT WARRANT THAT OUR SITE OR ITS CONTENTS WILL BE ERROR-FREE, SECURE, OR AVAILABLE AT ALL TIMES. THE FOREGOING DOES NOT AFFECT ANY WARRANTIES THAT CANNOT BE EXCLUDED OR LIMITED UNDER APPLICABLE LAW.
WE CANNOT AND DO NOT GUARANTEE OR WARRANT THAT FILES OR DATA AVAILABLE FOR DOWNLOADING FROM THE INTERNET OR OUR SITE WILL BE FREE OF VIRUSES OR OTHER DESTRUCTIVE CODE. YOU ARE SOLELY AND ENTIRELY RESPONSIBLE FOR YOUR USE OF OUR SITE AND YOUR COMPUTER, INTERNET, AND DATA SECURITY. TO THE FULLEST EXTENT PROVIDED BY LAW, WE WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DENIAL-OF-SERVICE ATTACK, DISTRIBUTED DENIAL-OF-SERVICE ATTACK, OVERLOADING, FLOODING, MAILBOMBING, OR CRASHING, VIRUSES, TROJAN HORSES, WORMS, LOGIC BOMBS, OR OTHER TECHNOLOGICALLY HARMFUL MATERIAL THAT MAY INFECT YOUR COMPUTER EQUIPMENT, COMPUTER PROGRAMS, DATA, OR OTHER PROPRIETARY MATERIAL DUE TO YOUR USE OF OUR SITE OR ANY SERVICES OR ITEMS FOUND OR ATTAINED THROUGH OUR SITE OR TO YOUR DOWNLOADING OF ANY MATERIAL POSTED ON IT, OR ON ANY WEBSITE LINKED TO IT.

Our Site may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by Gig Marketplace, are solely the opinions and the responsibility of the person or entity provided those materials. Gig Marketplace, and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors have no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

7. Limitation of Liability

EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, IN NO EVENT SHALL GIG MARKETPLACE, AND ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF OUR SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL THEORY, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

8. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless Gig Marketplace and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors from any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable legal fees) arising out of your use of our Site, your breach of these Terms, or your violation of any rights of a third party.

9. Governing Law

Our Site and these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein. You agree to submit to the exclusive jurisdiction of the courts located within the Province of Ontario and/or the Federal Court of Canada for the resolution of any action or proceeding arising out of or relating to these Terms.

10. Site Monitoring, Enforcement, and Termination

We reserve the right, with or without notice, to: Terminate or suspend your access to our Site, for any reason, including your violation of these Terms; Remove or refuse to include your proposed or created content on our Site; At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating these Terms; or Take appropriate legal action, including, but not limited to, notifying a harmed party or legal authority about your unauthorized use of our Site, or cooperating with law enforcement authorities or a court order.

YOU WAIVE AND HOLD HARMLESS GIG MARKETPLACE AND ITS PARENT, SUBSIDIARIES, AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, AND SUCCESSORS FROM ANY AND ALL CLAIMS RESULTING FROM ANY ACTION TAKEN BY GIG MARKETPLACE AND ANY OF THE FOREGOING PARTIES RELATING TO ANY, INVESTIGATIONS BY EITHER GIG MARKETPLACE OR SUCH PARTIES OR BY LAW ENFORCEMENT AUTHORITIES.

We have no obligation, nor any responsibility to any party to monitor our Site or its use, and do not and cannot undertake to review material that you or other users submit to our Site. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

11. Severability

If any term or provision of these Terms is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms or invalidate or render unenforceable such term or provision in any other jurisdiction.

12. Entire Agreement

The Terms constitute the sole and entire agreement between you and Gig Marketplace regarding our Site and supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding such subject matter.

13. Contact Us

If you have any questions about these Terms, please contact us admin@conestogaigs.ca