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, of BarServe and your user 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.

2. Definition of a Jobseeker (As defined by BarServe). A Jobseeker is any individual that uses BarServe for the sole purpose of searching and applying for hospitality jobs provided by BarServe employers. Jobseekers may also be referred to as a ‘User’ or ‘Users’ or an ‘Account Holder’ or ‘Account Holders’.

3. User Accounts. Each single Jobseeker may only have one BarServe user account. Attempts to create multiple user accounts for one Jobseeker under different user names or aliases may result in termination of all accounts without notice. Jobseekers may not create employer accounts in order to gain access to resumes or information of other Jobseekers.

4. Term. This Agreement will remain in full force and effect while you use BarServe and/or have a user account. You may terminate your user account at any time, for any reason by contacting BarServe in writing via email, fax or letter. BarServe may terminate your user account 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 you. If BarServe does terminate your account because you have breached the Agreement, or for any other reason, you will not be entitled to access your user account or to any information pertaining to your user account or to any refund of unused fees or dues. Even after discontinuing use or your user account is terminated, this agreement will remain in effect. By using BarServe, you represent and warrant that you have the right, authority, and capacity to enter into this agreement and to abide by all of the Terms of Use.

5. Eligibility. Only residents of Canada are eligible and permitted to use BarServe and Jobseekers must be eighteen years of age or older to use BarServe without parental consent. If you are less than 18 years of age, you may still agree to these Terms of Use, but only if you have had a parent or legal guardian acknowledge, read and accept these terms on your behalf, and by accepting these terms, you verify that you have done so. 

6. Non Commercial Use by Jobseekers or Others. Jobseekers may not use BarServe in connection with any commercial endeavors. Organizations, companies, and/or businesses may not become Jobseekers or use BarServe for any purpose other that to post jobs or search resumes. 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 the content on BarServe. 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. You understand and agree that BarServe may review and delete any content, information, messages, photos 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. Your profile must describe and depict you, an individual person. Examples of inappropriate profiles include, but are not limited to, profiles that purport to represent an animal, place, inanimate object, fictional character, or real individual who is not you.
3. You are solely responsible for the content that you 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 who violates this provision, including without limitation, removing the offending communication from BarServe and terminating the user 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 you might become exposed to such items and you further waive your right to any damages (from any party) related to such exposure.

5. You 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. You may not engage in advertising to, or solicitation of, other users to buy or sell any products or services through the service. You may not transmit any chain letters or junk email to other users. 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. There are currently no fees for jobseekers to use BarServe.

10. Registration and Password. You are responsible for maintaining the confidentiality of your information and password and shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify BarServe of any unauthorized use of your registration or password and are responsible for maintaining the confidentiality of your user ID and password.

11. Results. BarServe does not guarantee any results from the use of BarServe in terms of job leads or employment of any nature.

12. Copyright Policy. You 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 you believe that your work has been copied and posted on BarServe in a way that constitutes copyright infringement, please 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 you claim has been infringed; a description of where the material that you claim is infringing is located on BarServe; your address, telephone number, and email address; a written statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; a statement by you, made under penalty of perjury, that the above information in your notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.

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

14. 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.

15. Limitation on Liability. Except in jurisdictions where such provisions are restricted, in no event will BarServe be liable to you or any third person for any indirect, consequential, exemplary, incidental, special or punitive damages, including also lost earnings or profits arising from your 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 you 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 you to BarServe for the service during the Term of Use.

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

17. Indemnity. You 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 your 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.

18. Other. This agreement, accepted upon use of BarServe and further affirmed by becoming a user of BarServe, contains the entire agreement between you 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.