Terms of use
Introduction
By accessing our website, 1Colleague4you.ca, from any downloading platform, or any software, service, feature, program, or any other product provided by Progressio or in its name, related to or associated with these services or this website (the « website »), including, but not limited to, all products, programs, and services described in the Terms of Use: (a) You warrant that you have read and understood the Privacy Policy and (b) You agree to the Terms of Use (the « Agreement »). This Agreement will be binding upon the relevant entity or entities, as defined herein.
Any reference to « Progressio », « we », or « us » in this Agreement refers to the applicable entity providing the services.
The 1Colleague4you.ca website is intended solely for users, specifically for individuals, applying for job offers (« Applicants »), and for individuals and/or companies seeking to outsource their activities, either on their behalf or on behalf of third parties (« Clients »). By using the website as an Applicant or as a representative of a Client, you agree to these terms on your own behalf and, if applicable, on behalf of the Client. You also warrant that you have the authority to bind the Client to this Agreement.
Progressio holds the copyright to the website, including any trademarks registered with the Malagasy Office of Intellectual Property (OMAPI), and any applications and services provided through the website. This includes all compilations of information made available through these services.
We reserve the right to amend this Agreement at any time. Reasonable steps will be taken to inform you of any changes, including posting the amended Agreement on the 1Colleague4you.ca website. Any claims arising before the publication date of the amended Agreement will not be affected by such changes. Continued use of the website after the effective date of amendments deems acceptance of those changes. The « Last Updated » date in each section of the Terms of Use indicates the most recent modification. At any time, we may also modify or delete any part of the website, including access via external links, or offer new opportunities to some or all users without liability.
Progressio is a company registered in Madagascar, directly or indirectly owned by a Malagasy legal entity.
A- General Terms of Use
1. General rules
It is strictly prohibited to post any content that is illegal, fraudulent, discriminatory, threatening, abusive, defamatory, obscene, or otherwise objectionable. This includes insults based on sex, ethnicity, race, or any other discriminatory remarks, as well as content lacking any relevant or constructive elements. Additionally, you are prohibited from posting content that contains proprietary or confidential information, trade secrets, advertisements, solicitations, chain letters, pyramid schemes, investment opportunities, or any other form of unsolicited commercial communication (unless expressly permitted in writing). Posting content that incites or results in spam or message flooding is also prohibited.
Any messages or resumes containing any of the above prohibited content will be automatically deleted and ignored. Progressio reserves the right to take legal action against the perpetrator of such actions in competent courts.
You agree not to access (or attempt to access) the 1Colleague4you.ca website by any means other than through the interface provided by Progressio, unless specifically authorized in a separate written agreement. You agree not to engage in any activity that disrupts or interferes with the functioning of the 1Colleague4you.ca website (or the servers and networks connected to the website). Unless specifically authorized in a separate written agreement, you agree not to index, extract, reproduce, duplicate, copy, sell, trade, or resell the content of the 1Colleague4you.ca website for any purpose. Providing or using false or fictitious names or contact details in connection with the website gives Progressio the right to delete your resume or offer. You accept full responsibility for any breach of your obligations under this Agreement and for any consequences (including potential damages or losses suffered by Progressio) resulting from such breach.
You agree not to transmit or post any malicious code on the 1Colleague4you.ca website and not to use or misappropriate the website for your own commercial purposes. « Malicious code" refers to any software (sometimes referred to as « virus », « worm », « Trojan horse », « time bomb », « time lock », « self-help code », « trap », « access code », « cancelbot » or « back door ) that: (a) is designed to damage, disrupt, disable, impair, alter, interfere with, intercept, or hijack data, storage devices, programs, systems, equipment, or communication tools in any manner, triggered by any event, including but not limited to (i) exceeding a certain number of copies, (ii) exceeding a certain number of users, (iii) exceeding a certain period, (iv) passing a certain date or another threshold, or (v) utilizing a specific feature; or (b) allows an unauthorized person to cause these effects; or (c) allows an unauthorized person to access another person's data without their knowledge and permission.
2. Registration and contact
Certain sections of the 1Colleague4you.ca website require you to register or provide an email address. If you choose to register, you agree to provide true, accurate, current, and complete information about yourself as requested by our registration form, including your email address. You also agree that Progressio may communicate with you or contact you on behalf of a third party through various means, such as email, telephone (including mobile phones), or postal mail, using the contact information you provide. By providing your mobile phone number, you expressly consent to be contacted via this number. To withdraw your consent at any time, you must send us an email from your registered email address on our 1Colleague4you.ca website.
3. Disclaimer
Progressio disclaims any liability for the deletion of, failure to store, errors in, or delays in delivering information, emails, attachments, or documents.
Progressio disclaims any liability for technical malfunctions of the 1Colleague4you.ca website. This includes, but is not limited to, network or phone service failures and computer system, server, internet provider, computer equipment, mobile phone or software issues resulting from technical issues. This disclaimer extends to any damage to your computer, mobile device, or other equipment or software, or that of any other person, resulting from or related to the use or downloading of any content associated with the 1Colleague4you.ca website.
THE 1Colleague4you.ca WEBSITE AND ALL DOCUMENTS, INFORMATION, SERVICE PROFILES, FEATURES, AND OTHER SERVICES AVAILABLE ON THE WEBSITE ARE PROVIDED "AS-IS" WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. TO THE EXTENT PERMITTED BY LAW, PROGRESSIO EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, STATUTORY, OR OTHERWISE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF QUALITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPERTY RIGHTS. PROGRESSIO DISCLAIMS ANY WARRANTY REGARDING THE SECURITY AND RELIABILITY OF THE 1Colleague4you.ca WEBSITE, AS WELL AS ALL DOCUMENTS, INFORMATION, USER CONTENT, FEATURES, PRODUCTS, AND SERVICES AVAILABLE ON THE 1Colleague4you.ca WEBSITE. PROGRESSIO ALSO DISCLAIMS ANY WARRANTY REGARDING GOODS OR SERVICES RECEIVED THROUGH OR ADVERTISED ON THE WEBSITE.
4. Disclaimer
UNDER NO CIRCUMSTANCES SHALL PROGRESSIO BE LIABLE TO ANY USER FOR THE IMPROPER OR ABUSIVE USE OF THE 1Colleague4you.ca WEBSITE BY SUCH USER OR THEIR RELIANCE ON THE 1Colleague4you.ca WEBSITE. THIS LIMITATION OF LIABILITY CLAUSE PROTECTS PROGRESSIO AGAINST LIABILITY FOR INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, WHETHER SUCH CLAIMS ARE BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), INDEMNITY OBLIGATIONS, OR ANY OTHER LEGAL THEORY, EVEN IF PROGRESSIO HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES.
Without limiting the foregoing, under no circumstances shall Progressio be held responsible or deemed to have failed to fulfil its obligations under this Agreement due to any delay or failure in performance resulting from, arising out of, or caused directly or indirectly by forces beyond Progressio’s reasonable control, including but not limited to the following force majeure events: (a) natural disasters or acts of God; (b) floods, fires, storms, earthquakes, epidemics, explosions, or similar events; (c) war, invasion, hostilities (whether war is declared or not), terrorist threats or acts, riots, insurrections, civil unrest, military unrest, or acts of sabotage; (d) action, order, law, or regulation of any government or national or foreign court rulings; (e) embargoes or blockades in effect during or after the date of this Agreement; (f) actions of any governmental authority; (g) national or regional emergencies; (h) strikes, labor disputes, work stoppages or slowdowns, other industrial disruptions, or labor or material shortages; (i) breakdowns, interruptions, losses, fluctuations, or malfunctions in supply services (including heating, lighting, or air conditioning), communication systems, computer systems (software and hardware, including but not limited to computer viruses), or telephone services; (j) Internet, computer equipment, telecommunications equipment, electrical power, or other equipment failures or shortages; (k) data loss due to power failures or mechanical difficulties in storage or information retrieval systems; (l) failure of third parties to perform their duties; and (m) other events beyond Progressio's control.
5. Severability and Reformation of Provisions
Each provision of this Agreement is autonomous. If any provision of this Agreement is found to be unenforceable or illegal, it will be modified only to the extent necessary to ensure that this Agreement remains in effect with its clauses so modified. The unenforceability or invalidity of any provision will not affect the enforceability of any other provisions of this Agreement, which will remain in full force and effect. This Agreement will be interpreted and enforced as if the invalid provision had never been included or had been modified as stipulated above, as applicable.
6. Use of electronic signatures
Certain pages on the 1Colleague4you.ca website may offer an electronic signature option provided by a third party. By using the electronic signature on the 1Colleague4you.ca website, you agree that your electronic signature is intended to authenticate the document you sign and will have the same legal effect as a handwritten signature. Progressio disclaims all warranties associated with your electronic signature, including any software-related errors or the validity of the signature. Progressio is not legally required to archive documents. Your use of electronic signatures is at your own risk, and it is your responsibility to ensure that the document has been received and to retain your own copies.
7. Miscellaneous
This Agreement constitutes the entire understanding between the parties concerning the subject matter contemplated herein, including all applicable provisions, and supersedes any prior or simultaneous written or oral agreements on the same subject. Any waiver of any provision of this Agreement will only be valid if provided in writing and signed by Progressio. This Agreement, along with all amendments and supplementary agreements between Progressio and you regarding the 1Colleague4you.ca website, constitutes the entire Agreement. If any provision of this Agreement is declared invalid by a competent court, the invalidity of said provision will not affect the validity of the other provisions of this Agreement, which will remain in force and effect. You agree that this Agreement can only be modified or replaced by a mutual written agreement signed by an authorized representative of each party. In other words, email or phone exchanges between you and a Progressio employee do not constitute a modification of this Agreement.
By accessing or using the 1Colleague4you.ca website, you consent to the content of this Agreement and agree to comply with all applicable laws and regulations, including those of Madagascar and other jurisdictions as regards export and re-export controls, copyright laws, and any other laws pertaining to intellectual property.
You understand and acknowledge that Progressio holds all rights, titles, and interests related to the 1Colleague4you.ca website and all intellectual property rights associated with the 1Colleague4you.ca website. Progressio reserves all rights not expressly stated herein. You are not authorized to modify copyright notices, proprietary rights notes, trademarks and service marks attributions, patent markings, and any other indication of ownership appearing on documents accessible via the 1Colleague4you.ca website. The use of documents or descriptions, the derivative use of the 1Colleague4you.ca website or documents therein, and the use of data mining tools, robots, or other data extraction and gathering tools are strictly prohibited. Under no circumstances may you frame any part of the website or the documents it contains.
Any waiver concerning any provision of this Agreement will only be valid if it is provided in writing and signed by Progressio.
Any notifications to Progressio must be sent to the following address: Lot VA 19 DB Tsiadana 101 ANTANANARIVO – MADAGASCAR, by registered or priority mail, by airmail, or by express courier. Notifications will be deemed effectively delivered once received. Notifications may be sent to you by email to the address indicated in your account settings. They will be deemed received once sent (for emails) or at the latest fifteen (15) days after dispatch.
You may not assign or transfer your rights or obligations under these terms without prior written authorization, and any attempt to do so without such authorization will be null and void. Progressio may freely assign or delegate its rights and obligations under these terms without having to inform you.
B- Terms of Use for Applicants
1. Job Listings or Offers
Progressio provides its services free of charge to Applicants, offering Listings that promote professional opportunities and employment-related content. Progressio upholds the principle of gratuity, meaning that any attempt to solicit payment for these services is not sanctioned by Progressio and should be refused by the Applicant. Should the Applicant proceed despite these warnings, they do so at their own risk and will bear all consequences, without any recourse against Progressio.
Applicants are not authorized to use the 1Colleague4you.ca website or its content for any other purposes. For the purposes of this section, "you" or "your" refers to any individual or organization accessing the 1Colleague4you.ca website as an Applicant.
2. Resumes and Recommended Jobs
By submitting your resume via the 1Colleague4you.ca website, you authorize Progressio to make your resume available to third parties, such as Clients who may be interested in your professional profile. By creating or uploading a resume on our website, you consent to being contacted by us. It is your responsibility to correct any inaccuracies in your resume or other documents; alternatively, you may contact us for corrections. To protect your privacy, Progressio may mask or replace your contact details, such as your email address, in your resume with a pseudonym.
3. Applying
This Agreement and our Privacy Policy govern the submission of your information and resume through the 1Colleague4you.ca website, including any Personal Data included in your resume, application, or responses to pre-selection questions and evaluations.
Progressio may retain your application documents or store such information as long as a job offer matching your profile remains active on the website. To maintain the quality of the website and its services, Progressio reserves the right, at its sole discretion, to impose limitations on your ability to apply or to not follow up on your application if your profile does not match the Client's requirements.
4. Evaluations
At the Client's request, an online or offline Evaluation tool may be implemented to administer and review skills assessments ("Evaluations") and the responses provided by Applicants ("Responses"). Clients may utilize the Evaluation tool to assess your Responses, which will be critical in considering your application.
You agree and acknowledge that the usefulness and value of the Evaluations and Responses depend on their content remaining confidential. Therefore, you agree to maintain the confidentiality of the content of Evaluations and Responses and not to reproduce or discuss them with anyone.
Progressio disclaims any responsibility for the content, accuracy, validity, completeness, legality, or reliability of the website, and any Evaluation or Response
5. Salary, Career, Recruitment, and Other Information Provided
Progressio may provide information and content to users for informational purposes only.
If your application is successful, Progressio will assume the role of Employer and will comply with all applicable legal obligations related to employment, including salary, working conditions, etc.
6. Governing Law and Dispute Resolution
This Agreement, and any dispute arising from or related to it or associated with the 1Colleague4you.ca website ("Dispute"), shall be governed by the laws of Madagascar, regardless of the subject matter of the Dispute. This includes, but is not limited to, the validity, interpretation, and scope of this Agreement, without giving full effect to conflicting legal principles regarding such Disputes. All legal actions, lawsuits, and other judicial proceedings related to such Disputes must be submitted to the exclusive jurisdiction of the competent courts in Madagascar to which the parties submit.
C- Terms of Use for Clients
The following terms and conditions apply to all Clients and other users who access the 1Colleague4you.ca website, whether in their own capacity or on behalf of others, including, but not limited to, agencies providing services for multiple parties or individuals who accept this agreement. For this section of the general terms of use, all references to "you" or "your" refer to you, the individual or organization, accessing the 1Colleague4you.ca website as a Client.
1. Employer and Pre-selection Questions
You acknowledge that the role of Employer will be assigned to Progressio, and you agree not to contact Applicants directly or indirectly. All correspondence must be conducted through Progressio.
You are responsible for the content and format of your emails, application forms, and pre-selection questions. Should you provide incorrect contact information, it is your responsibility to correct the error, respond appropriately, or take all necessary measures. You agree to compensate Progressio for any damages resulting from such errors.
2. Correspondence
All correspondence or offer validations with Progressio must be conducted via email to the address provided in the Client’s form.
Progressio may offer you the opportunity to participate in online and remote communications in the performance of its services, including, but not limited to, telephone interviews, online meetings, and video interviews ("Online Interviews"). These services may include access to scheduling, videoconferencing, web conferencing, meeting rooms, and other collaboration services offered by third-party telecommunications providers. You acknowledge that Progressio is not a telecommunications provider and disclaims all warranties regarding the transmission of online communications. Progressio does not guarantee: (1) the availability of these services at the time you attempt to use them; (2) the quality of these services; or (3) the dates or times you have scheduled for Online Interviews, although Progressio will make every effort to accommodate your requests.
YOU ACKNOWLEDGE AND AGREE THAT YOUR ACCESS TO AND PARTICIPATION IN THE ONLINE INTERVIEWS IS AT YOUR DISCRETION AND AT YOUR OWN RISK, AND YOU RELIEVE PROGRESSIO FROM ANY LIABILITY ARISING FROM YOUR PARTICIPATION IN THE ONLINE INTERVIEWS.
Upon your request, Progressio may invite other representatives of your company to participate in Online Interviews. You understand and agree that Progressio will send such invitations on your behalf based on the email addresses you provide, but Progressio is not responsible for any inaccuracies in the contact information you provide. Furthermore, Progressio is not responsible for the conduct or actions of your representatives; you bear sole responsibility for them. You warrant that you have the authority to bind your additional representatives to Progressio's General Terms.
3. Governing Law and Dispute Resolution
This Agreement and any Disputes arising from or related to it, or in any way related to the 1Colleague4you.ca website, are governed by the laws of Madagascar.
Any disputes arising from or related to the execution and/or interpretation of this agreement shall first be subject to amicable negotiations between the Parties.
If such amicable negotiations fail, any unsettled dispute or disagreement will be finally settled by arbitration, in accordance with the conciliation and arbitration rules of the Arbitration and Mediation Center of Madagascar (CAMM).
The place of arbitration will be Antananarivo, Madagascar.