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Sintra’s Terms Of Service

Last Updated on: January 20, 2019

This document is an electronic record shall under all conditions be considered to be published in accordance with the laws applicable in Ontario, Canada, including any other law applicable which may require publishing the rules and regulations, privacy policy and Terms of Use for access or usage of www.sintrarecruit.com “Site” and Sintra mobile application “App” for mobile and handheld devices.

Terms of Use

1. Sintra is an online marketplace that enables buyers of professional services (“Clinic Users”) to search for, enter into and manage transactions with providers of professional services (“Freelancers” and, collectively with Clinic Users, “Registered Users”). terms of use (the “Terms of Use”) govern the relation between the Clinic Users, Sintra, the Freelancers, Registered Users and any other person who makes use of our website [www.sintrarecruit.com] (the “Website”) and our {Sintra] mobile application for mobile and handheld devices (the “App”). The Website and the App are jointly referred to as the “Platform”. Please read these Terms of Use carefully before you partner with us as Clinic User / Freelancer and / or you avail services through the Platform. By installing, downloading or even merely using the Platform, you shall be contracting with Sintra and you signify your acceptance to the Terms of Use and other policies (including but not limited to the Cancellation & Refund Policy, Privacy Policy and Take Down Policy[D1] ) as posted on the Platform from time to time, which takes effect on the date on which you download, install or use the services, and create a legally binding arrangement to abide by the same. If you do not agree to these Terms of Use or the Privacy Policy, you must not access our Platform.

2. The Platform is operated and owned by Sintra Recruitment Inc, a company incorporated federally under the laws of Canada and having its registered office in Toronto, Canada.

For the purpose of these Terms of Use, wherever the context so requires, ”you” shall mean any natural or legal person who has agreed to become a buyer or customer on the Platform by providing Registration Data while registering on the Platform as a registered user using any computer systems and / or mobile phones and / or other handheld devices. The terms “Sintra”, “we”, “us” or “our” shall mean Sintrarecruit.com and Sintra Application.

3. Sintra enables transactions between Clinic User/ Freelancers/ Registered Users, who are dentists, dental practitioners or others looking for temporary contract support (whether they are individuals or companies or others) at Dental Clinics, Hospitals etc. Sintra allows its users to access network of contractors / freelancers to identify local professionals to meet urgent/part time /full time needs for dental services. The users have access to the Application to receive and review requests for services from Clinic Users and to determine their interest in and availability to respond to such requests.(“Platform Services”). The Buyer/s, Service Provider/s/Clinic Users / Freelancers and Sintra are collectively referred to as Parties.

4. The Parties agree and acknowledge that the Registered Users, as the case may be, shall indemnify, defend and hold harmless Sintra, its affiliates, its governing board, officers, agents, employees, partners, funders and suppliers from any liabilities, losses, claims, demands, and expenses (including reasonable lawyer’s fees) related to (a) the use of the Platform; or (b) violations of these Terms of Use. The Service Provider further agrees that it shall indemnify, defend and hold Sintra harmless from and against any claim, demand, cause of action or loss or liability (including, but not limited to, attorneys’ fees and costs) for damage or personal injury for which the Buyer/s may take action against Sintra. The provisions of this clause shall survive the termination of any agreement (between the parties) with respect to any claim or liability accruing before such termination. In no event shall Sintra be liable for any direct, indirect, special or consequential loss or damage arising out of any transaction on the Platform.

5. The Registered Users shall not assign or license its rights or liabilities or obligations arising out of the present commercial relations between the parties, to any third party without the prior written consent of Sintra. However, Sintra may assign or licence its rights or liabilities without the prior consent of the Registered Users. Sintra shall also be entitled to appoint any additional party for the performance / part performance of its obligations.

6. Sintra reserves the right to forthwith terminate the agreement with/without a written notice in case of breach of any term by the Registers Users or in case any complaint is received against the Registered User, as the case may be.

7. The Freelancer shall not seek any payment or monies directly from the Clinic User unless agreed upon between Sintra and the Clinic User.

8. Neither the Clinic User nor the Freelancer shall be deemed to be Sintra’s agent, servant, or employee in any manner for any purpose whatsoever, or vice versa.

9. Record Maintenance: Clinic User shall maintain all records (both physical and online) of the Services rendered to them by the Freelancer through the Platform and provide a copy of such records to Sintra as and when demanded. Freelancer, Clinic User shall ensure that it obtains and maintains all required/necessary infrastructures, licenses and resources (including employees and other personnel) required for the purpose of effective execution of the Services.

10. The Parties hereby agree and represent that they are eligible under law to fulfil any and all obligations under the present arrangement and that they are allowed / authorized under the applicable laws for the same.

11. The Service Provider/s shall not, during the term of the commercial relation with Sintra (including any renewals and extensions thereof) and for a period of 1 year from the date of effective termination, give or offer to give any gift or benefit to any employee of Sintra or solicit or accept any information, data, services, equipment or commitment from any employee of Sintra unless the same is required under a contract between the Service Provider/s and Sintra and/or solicit or accept favours from any employee of Sintra or enter into any outside business relationship with any employee of Sintra without full disclosure to and prior a written approval from Sintra.

12. The Parties agree and acknowledge that Sintra owns all rights, including all copyright, in the entire content of the Platform. Unless otherwise indicated, no right, title or interest is granted in the content, information, products or services or other materials available through the Platform. Sintra’s logo and trade names and other marks used on the Platform are all trademarks used by Sintra under licence. The display of trademarks or trade-names on Platform does not convey or create any licence or other rights in these marks or names. You shall not use Sintra’s trademarks without the prior written consent of Sintra.

13. Sintra grants you a limited license to download and display on your computer monitor / mobile phones, or hard copy prints, the Platform’s content, for non-commercial purposes only (except the commercial relation established under the present Agreement) The following limitations apply to the use of the content off the Platform:

  • Platform’s content shall not be used for commercial purposes except to the extent it creates the commercial relationship under the Terms of Use;
  • You shall not use Platform’s content with any product or service that you or your agents create or distribute, including software or other digital products; and
  • You shall not display the Platform’s content on any other website or make available the Platform’s content on any file server.

14. Nothing contained in the license granted under the immediately preceding clause shall be construed as conferring any right under any copyright of Sintra or any other person who owns the copyright. All information on the Platform is protected by copyright, pursuant to Canadian copyright laws, international conventions, and other copyright laws. All rights are reserved. Any reproduction, modification, publication, transmission, transfer, sale, distribution, display or exploitation of the information, in any form or by any means, or its storage in a retrieval system, whether in whole or in part, without the express written permission of Sintra is prohibited.

15. The Parties agree that they shall not engage in any covert or overt act or engage in any illegal, deceptive, misleading, unethical or improper practice or any other practices which may adversely affect or cause disparagement to Sintra or in any way injure the reputation of Sintra and shall ensure that it’s personnel adhere to the same. The Service Provider/s (and its employees) shall be required to adhere to the Ethics Policy of Sintra, in connection with all its transactions through Platform.

16. You shall not make any false or misleading representations or warranties or make any commitments or give any undertaking or incur any liability on behalf of Sintra, unless authorized by Sintra in writing.

17. You are required to register for and maintain an active user services account (“Account”) prior to using the Services. You must be at least eighteen (18) years of age, or the age of legal majority in your jurisdiction, to create an Account. If you are creating an account on behalf of a Clinic User, you must be authorized to do so on behalf of the Clinical Practice for which you work. You may be required to submit certain Personal Data and when applicable, an acceptable valid payment method or account information for direct deposit. You agree to maintain an accurate, complete and up to date Account. Failure to maintain an accurate, complete, and up to date Account may result in an inability to access or use the Services. You may not provide false information or create an account for anyone other than yourself or your clinic or business. You agree to maintain the security and secrecy of your Account username and password at all times. You are responsible for all use and activity on your Account. You may not authorize third parties to use your Account. You agree to comply with all applicable laws when using the Services and you may only use the Services for lawful purposes. Refrain from engaging or being interested directly or indirectly, in any capacity including principal, retailer, partner, director or employee in the production, sale, rental, maintenance, promotion of advertisement of goods and / or services of any description or kind or similar to or competitive with the services offered through the Platform.

18. Sintra does not provide a performance assessment in any manner whatsoever for freelancers, and further does not oversee or supervise the actual work or the method or process or manner of performance of services. We do not provide training, tools, equipment, benefits, or expense reimbursement. Freelancers are responsible for obtaining and maintaining any required registration, licenses, or other authorization necessary for the services. Registered users hereby agree that they are using the service and application at their own risk and hereby acknowledge that they understand that Sintra is not validating, vouching for, endorsing, or ensuring legal compliance or qualifications of any users. Any user details, including but not limited to qualifications, employment histories, or compliance records, must be validated and considered by the users themselves.

19. Sintra does not pay a salary or hourly rate. It acts as an aggregator and facilitates payment of the rate set by the users. Payment processing services for Sintra are provided by a third party namely “Stripe” and are subject to the Stripe Connected Account Agreement, which includes the Stripe Terms of Service (collectively, the “Stripe Services Agreement”). We advise the users to carefully read the same before making and payments. As these Terms have already stated, the Company provides the Services as a platform that connects Registered Users to arrange for dental and professional services and employment between the parties. After completion of the work provided by the Freelancer, the Clinic User will pay for that work through the Services (an “User-to-User Payment”). As payment to the Company for providing the Services, the Company applies a fee on top of the amount that the Clinic User pays the Freelancer (the “Charges”), plus any applicable taxes such as H.S.T and/or any other taxes payable in the jurisdictions within which the Company provides the Services.

Charges paid by the Clinic User are final and non-refundable, unless otherwise determined by the Company. All Charges are due immediately upon confirmation by the Clinic User of a bill amount, or in the event the Clinic User does not respond to or confirm the bill, no later than Twelve (12) hours after the bill is posted to the Account. Payment will be facilitated by the Company using a third-party payment processor, which may charge its own fee that the Company will pass on to the paying user.

Late Cancellation Fee. In the event that Clinic User cancels a project or a Service Engagement less than Sixteen (16) hours before the performance of the service is to begin, the Professional will be required to pay Twenty Five (25) percent of the cost of the Service Engagement. The cost includes both the payment the fee paid to Freelancer and Payment transaction cost.

21. User-to-User Payment Issues The Company accepts no responsibility for any unpaid or incorrect User-to-User payments, and in the event of non-payment or payment error, Freelancers shall contact the Company and the Company shall facilitate direct contact between the Clinic User and Freelancer to seek payment or correction of payments.

22. Income and Other Taxes are the Responsibility of Users Freelancers and Clinic Users are responsible for the payment of any income tax or other taxes relating to the employment relationship between the Users, as may be applicable. The Company does not withhold or remit income tax on behalf of Users, and as such, Clinic Users are responsible for reporting and payment of same as required by law.

23. Sintra reserves its right to terminate any assignment in case of violation of the terms of use.

24. Abuse of the Service and Prohibited Contact You, the user, hereby understand and agree that you shall not circumvent or otherwise abuse the Services provided by the Company by entering into direct work relationships with parties who were initially discovered in the Services. For greater clarity and by way of example, if a Clinic User learned of a Freelancer candidate from the Services, and they contact that Freelancer directly and hire or retain them outside the Services in order to avoid the Charges, that would constitute a breach of these Terms (“Prohibited Contact”). The Company retains the right to claim against Clinic User the any Charges that would otherwise be payable had the Clinic User properly used the Services to engage the services of the Freelancer (“Unpaid Charges”), plus any applicable damages, legal costs, and interest. Further to the above terms, you hereby agree and understand that the Company provides the Services as a means for users to connect about the opportunities posted within the Services, and as such it reasonably requires that communication between users that is related the opportunity be done through the Application. However, the Company recognizes that users may need to have some contact relating to the engagement of professional services and that some communication may occur outside the Application. As such, such prohibition of direct contact does not preclude contact relating to administrative or logistical matters between the parties that are ancillary to or in support of their engagement of services (“Permitted Contact”). You hereby agree and understand that Permitted Contact is provided for under these Terms on a reasonable basis and in no way can such contact be used to abuse or circumvent the Services, which contact will be deemed to be Prohibited Contact.

In the event that users engage in Prohibited Contact in violation of these Terms, they must notify the Company forthwith. In the context of job-postings in particular, if the user(s) can demonstrate that they learned of each other’s presence outside the Services, the Company may, at its discretion, waive any claim for Unpaid Charges.

In the event a Clinic User desires to hire a Freelancer outside of the Sintra Application in the twelve (12) months following a contact between a Clinic User and Freelancer through the Sintra Mobile Application: the Clinic User will notify Sintra and will be charged a hiring fee of $850 for a successful hire.

In the event a Clinic User does not notify Sintra within thirty (30) days that it has Hired a Freelancer, Clinic User shall be obligated to immediately pay to Sintra a hiring fee of $3,000. The amounts described in both instances (i.e., with or without notice from dental office) shall be referred to as the “Hiring Fee”.

Such Direct Hire Fee shall be charged regardless of whether: (a) Freelancer contacts Clinic User or applies to Clinic User independently or otherwise through a public job posting or other job board;. Any hire or engagement of the Freelancer by Clinic User set forth above shall be defined as a “Hire” and shall trigger the Direct Hire Fee, including a full time hire, part time hire or temporary hire.

25. Account Closure In the event that a user wishes to close or terminate their Account, notice of such request must be given to the Company of such request. If a Clinic User wishes to close their Account, the balance payable under their Account must be $0.00. Any Personal Data contained within the Account will be handled in the manner outlined in our Privacy Policy.

26. Notify Sintra immediately after becoming aware of any pirating, infringement or misrepresentation of the Products / Services by anyone.

27. Freelance shall ensure that they are adequately qualified/ experienced (as per the applicable law) to suit the needs of the Clinic User and are validly appointed as per applicable law.

28. Freelancer shall be wholly and solely responsible for its actions/activities and in no circumstances Sintra shall be directly or indirectly be liable for any claims / demands made by the Freelancer. Such Freelancer shall not be considered as employees of Sintra. Freelancers shall be free to render services through other parties and their tie-up with Sintra shall be on non-exclusive basis without any guarantee of any minimum engagements.

29. No transaction and / or commercial relations in any manner shall be deemed to constitute a partnership or joint venture or employee – Clinic User relation between Sintra, Clinic User, Registered User and / or Freelancer.

30. Each party shall be responsible for ensuring compliance with all applicable laws of Canada.

Any questions or clarifications with respect to this Policy can be addressed to: admin@sintrarecruit.com

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