The Disclaimer
The authorities have provided the Record of Employment (ROE) Web and all its functionalities on an ‘as is’ and ‘as available’ basis. As such, the platform and the functionalities offered come without warranties, representations and conditions, whether express or implied. In addition, the platform and the functionalities offered could include without limitation, warranties or conditions of accuracy, completeness, currency, merchantable quality and fitness for a particular purpose. Moreover, the platform and the functionalities offered could include conditions arising by law or by statute or by the usage of trade or course of dealing as well. Therefore, by accessing and using the Record of Employment (ROE) Web through the users, the account holder agrees that the use of the Record of Employment (ROE) Web is entirely at its own risk.
Without limiting the generality outlined above, the Commission makes no warranties or representations, whether express or implied, with respect to:
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The Record of Employment (ROE) Web
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The operations that the account holder or any of the account holder’s users using or relying on the Record of Employment (ROE) Web conduct or will be conducting
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The Record of Employment (ROE) Web being free of malware, including free of any virus, or other harmful components
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The non-availability of the Record of Employment (ROE) Web for reasons of repair or maintenance and,
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The non-availability of the Record of Employment (ROE) Web because of events that are beyond the control of the Commission or events that the Commission could not have reasonably prevented by means of controls, compromise, disaster recovery procedures or business continuity procedures
Lastly, the Commission does not hold itself responsible for and assumes no liability for its reliance on third party information. This typically includes client employers that the users provide to the Commission through the Record of Employment (ROE) Web.
It is worth highlighting that the Commission does not hold itself liable and expressly disclaims all liability whatsoever to any individual or to any entity, who is not the account holder under the terms of this agreement. This pertains to any claims, actions, loss, damages (including special, direct, indirect, incidental or consequential damages) or expense, awards etc. This includes without limitation, the loss of revenue, profit or savings, lost or damaged data or other commercial or economic loss that arises in any manner whatsoever from:
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The account holder or any user acts, omissions or conduct
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Any use or inability to use the Record of Employment (ROE) Web and,
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Any lack of availability or delay in providing the Record of Employment (ROE) Web
This is applicable even if people have advised the Commission of the possibility of such damages or for claims by a third party. It is worth mentioning that even the Commission’s contractors, suppliers, agents, employees or representatives would not have any liability whatsoever. This section would continue to apply, regardless of whether the liability results from:
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Torts (including negligence)
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Contract (including the breach of fundamental terms or conditions or the fundamental breach of this agreement)
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Criminal or,
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Otherwise from any other cause of action
In addition, it is worth mentioning that notwithstanding anything in this agreement, the Commission’s maximum aggregate liability to the account holder under the terms specified in this agreement (or any third party who reasonably uses or relies on the Record of Employment (ROE) Web), for any claim whatsoever related to any service associated with the Record of Employment (ROE) Web, will not exceed $50,000.00 per award, judgment or negotiated settlement. This is applicable even if people have advised the Commission of the possibility of such damages or for claims by a third party. It is worth mentioning that even the Commission’s contractors, suppliers, agents, employees or representatives would not have any liability whatsoever. This section would continue to apply, regardless of whether the liability results from:
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Torts (including negligence)
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Contract (including the breach of fundamental terms or conditions or the fundamental breach of this agreement)
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Criminal or,
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Otherwise from any other cause of action
The Guidelines for Indemnification
The authorities require the account holder to indemnify and hold harmless the Commission, its assigns and successors, officers, employees or agents from and against all claims, actions, losses, expenses, damages (including direct, indirect, incidental or consequential) and costs (including reasonable attorneys’ fees) resulting from:
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Any breach by the account holder or a user of this agreement or other conduct that gives rise to liability in tort (including negligence), contract or any other cause of action
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Any breach by the account holder or a user, whether deliberate, negligent or otherwise, of the obligations specified in section 9 i.e. The Protection of the Username and the Password
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The user’s unauthorised or unreasonable use of or reliance on the Record of Employment (ROE) Web
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The failure to request revocation in accordance with section 11 i.e. The Revocation of the Enrollment to the Record of Employment (ROE) Web
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A determination, judgment or award that finds the Commission to be liable – in such cases, the Commission’s liability would remain limited to $50,000.00 in accordance with the provisions specified in the section titled ‘The Limitation of Liability’
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Any breach by the account holder of the ‘account holder responsibilities’ as specified in sections 6 and 7 of this agreement i.e. ‘The Responsibilities of the Account Holder’ and ‘The Responsibilities Specific to the Account Holder Acting as a Service Provider’ or,
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Inaccurate or incomplete information or documents that the account holder has submitted of which the account holder has knowledge or should reasonably have had knowledge of
It is worth mentioning that the account holder must not hold the Commission liable for any damages (whether direct, indirect, incidental or consequential), that arise from any lack of availability or delay in providing the Record of Employment (ROE) Web.
The Guidelines for Dispute Resolution
Under the terms of this agreement, the parties hereby undertake to use their best efforts towards resolving, in an amicable and expeditious manner, any dispute or difference, that might arise between them by negotiation initially. In case the negotiations fail to provide a resolution, the parties could consider resolving their disputes via an independent mediator. Any dispute or difference that either of these means does not end up resolving, would require binding arbitration under the terms specified in the Commercial Arbitration Act (RSC, 1985, c. 17 (2nd supp.)), as amended from time to time.