Regarding Delinquent Payments to Dental Personnel
Dental Personnel are paid directly by the dental office as independent contractors. At the time of posting a temp shift, dental offices specify the payment terms for the shift. If the dental office is delinquent or delayed delivering payment to the temp after a completed shift, the dental office and authorized owner/representative hereby gives permission to TempStars to process charges on the dental office credit card equal to the outstanding amount due to the temp, plus a processing fee to cover bank/transaction costs. The payment will be forwarded directly to the temp by TempStars without deduction, and this payment shall be considered as having been paid directly to the temp by the dental office.
4. Ownership, Copyright and Trademarks. In these Terms the content available through the Services, including all information, data, logos, marks, designs, graphics, pictures, sound files, other files, and their selection and arrangement, is called “Content”. Content provided by Users is called “User Content”. For example, information provided by a Dentist about that Dentist’s dental practice or a rating provided about a particular Dental Personnel is User Content of that Dentist, and information provided by a Dental Personnel about their work history or a rating provided about a particular Dentist is User Content of that Dental Personnel. User Content is that User’s property and their responsibility. TempStars’ only right to that User Content is the limited licenses to it granted in these Terms. Those licenses are described in Section 5 and Section 16 of these Terms.
Other than the User Content, the Services, all Content, the Application and all software available on the Services or used to create and operate the Services is the property of TempStars or its licensors, and is protected by Canadian and international copyright laws, and all rights to the Services, such Content and such software are expressly reserved. All trademarks, registered trademarks, product names and company names or logos mentioned in the Services are the property of their respective owners. Reference to any products, services, processes or other information, by trade name, trademark, manufacturer, supplier or otherwise does not constitute or imply endorsement, sponsorship or recommendation thereof by TempStars.
Your User Content is your responsibility. We have no responsibility or liability for it, or for any loss or damage your User Content may cause to you or other people. You acknowledge that the ratings you give using the Application may be viewed by other Users, and you agree to act responsibly when you review or rate any other person using the Services. Although we have no obligation to do so, we have the absolute discretion to remove, screen or edit without notice any User Content posted or stored on the Services, and we may do this at any time and for any reason. You are solely responsible for maintaining copies of and replacing any User Content you post or store on the Services. If you use the Services in a manner that permits third parties to view or otherwise access your User Content through the Services, you agree that we are permitted to provide to them the User Content, and also agree that we have no responsibility or liability for your provision or their use of such User Content.
5. Your Limited License of Your User Content to TempStars. We do not claim any ownership interest in your User Content, but we do need the right to use your User Content to the extent necessary to operate the Application and provide the Services, now and in the future. For example, if you post information about your dental practice on the Application, or post a review about another User, we need your license to display that User Content on the Services, and we need the right to sublicense that User Content to our other Users so that they can view that User Content.
Therefore, by posting or distributing User Content to or through the Services, you (a) grant TempStars and its affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to use, display, perform, reproduce, distribute, publish, modify, adapt, translate, and create derivative works from such User Content, in the manner in and for the purposes for which the Services from time to time use such User Content; (b) represent and warrant that (i) you own and control all of the rights to the User Content that you post or otherwise distribute, or you otherwise have the lawful right to post and distribute that User Content, to or through the Services; and (ii) the use and posting or other transmission of such User Content does not violate these Terms and will not violate any rights of or cause injury to any person or entity. If your User Content is intended for the use of other Users, you also grant us and our affiliates and subsidiaries a non-exclusive, royalty-free, transferable right to sublicense such User Content to such Users for their use in connection with their use of the Services, as described in Section 6 of these Terms. These licenses from you are non-exclusive because you have the right to use your User Content elsewhere. They are royalty-free because we are not required to pay you for the use of your User Content on the Services. And they are transferable because we need the right to transfer these licenses to any successor operator of the Services. Our rights to “modify, adapt, translate, and create derivative works from” are necessary because the normal operation of the Services does this to your User Content when it processes it for use in the Services. Please note that if you are a Customer, you can use the Application to display certain information about yourself to other Users. Please see the Site for more information about controlling the sharing and visibility of that information to other Users. Please also note that in certain contexts the Application allows other Users to post review or ratings of you. Again, please see the Site for more information about these features.
6. Our Limited License of Content to You .TempStars grants you a limited, revocable, non-exclusive, non-sublicensable license to access the Services and to view, copy and print the portions of the Content available to you through the Services. Such license is subject to these Terms, and specifically conditioned upon the following: (i) you may only view, copy and print such portions of the Content for your own use; (ii) you may not modify or otherwise make derivative works of the Content, or reproduce, distribute or display the Content (except for page cacheing) except as expressly permitted in these Terms; (iii) you may not remove or modify any copyright, trademark, or other proprietary notices that have been placed in the Content; (iv) you may not use any data mining, robots or similar data gathering or extraction methods; and (v) you may not use the Services or the Content other than for their intended purpose. Except as expressly permitted above, any use of any portion of the Content without the prior written permission of its owner is strictly prohibited and will terminate the license granted in this Section, this Agreement and your account with us. Any such unauthorized use may also violate applicable laws, including without limitation copyright and trademark laws. Unless explicitly stated herein, nothing in these Terms may be construed as conferring any license to intellectual property rights, whether by estoppel, implication or otherwise. The license in this Section is revocable by TempStars at any time. You represent and warrant that your use of the Services and the Content will be consistent with this license and will not infringe or violate the rights of any other party or breach any contract or legal duty to any other parties, or violate any applicable law. To request permission for uses of Content not included in this license, you may contact TempStars at the address set out at the bottom of these Terms.
7. Use of Interactive Areas and the Services. The Services may include discussion forums, bulletin boards, review services or other forums in which you or other Users may post reviews or other content, messages, materials or other items on the Services (“Interactive Areas”). If TempStars provides such Interactive Areas, you are solely responsible for your use of such Interactive Areas and use them at your own risk. User Content submitted to any public area of the Services will be considered non-confidential.
You agree not to post, upload to, transmit, distribute, store, create or otherwise publish through the Services any of the following:
ï Any message, data, information, text, music, sound, photos, graphics, code or other material that is unlawful, libelous, defamatory, obscene, pornographic, indecent, lewd, suggestive, harassing, threatening, invasive of privacy or publicity rights, abusive, inflammatory, fraudulent or otherwise objectionable;
ï Content that would constitute, encourage or provide instructions for a criminal offense, violate the rights of any party, or that would otherwise create liability or violate any local, state, national or international law;
ï Content that may infringe any patent, trademark, trade secret, copyright or other intellectual or proprietary right of any party;
ï Content that impersonates any person or entity or otherwise misrepresents your affiliation with a person or entity;
ï Unsolicited promotions, political campaigning, advertising or solicitations;
ï Private information of any third party, including, without limitation, addresses, phone numbers, email addresses and credit card numbers, unless that third party has expressly consented to such use;
ï Viruses, corrupted data or other harmful, disruptive or destructive files;
ï Content that is unrelated to the topic of the Interactive Area(s) in which such Content is posted; or
ï Content that, in the sole judgment of TempStars, is objectionable or which restricts or inhibits any other person from using or enjoying the Interactive Areas or the Services, or which may expose TempStars or its affiliates or its users to any harm or liability of any type.
Finally, TempStars has a “zero-tolerance” policy towards SPAM: you may not use the Interactive Areas or the Services generally to send commercial or other messages to any third-party if those messages are not solicited, authorized or welcomed by the third-party, and in your use of the Services you must comply with all applicable laws, including laws that apply in any jurisdiction to SPAM and marketing practices, and with any applicable marketing association guidelines on ethical marketing practices. Any use of the Interactive Areas or other portions of the Services in violation of the foregoing violates these Terms and may result in, among other things, termination or suspension of your rights to use the Interactive Areas and/or the Services.
8. Providing a Reliable and Secure Service. If you have spent any time reviewing the Services, you will hopefully have noticed that we take reliability and security seriously. We put a great deal of effort into ensuring that our service operates all the time, and that it is a secure environment for your data. We use what we believe to be “best-of-class” hosting services and security technologies and services that we believe provide you with a secure and safe environment. More information about these services and technologies is available on the Site. However, no system is perfectly secure or reliable, the Internet is an inherently insecure medium, and the reliability of hosting services, Internet intermediaries, your Internet service provider, and other service providers cannot be assured. When you use the Service, you accept these risks, and the responsibility for choosing to use a technology that does not provide perfect security or reliability.
9. No Responsibility for Third-Party Services, Sites or Content. As a service to our users, the Application may contain links to third-party Web sites (“Third-Party Sites”) or third-party content (“Third-Party Content”) and may provide access to third-party services (“Third-Party Services”), including payment processors and other payment intermediaries that you may use in connection with your use of the Services. You use Third-Party Sites, Third-Party Content (together, the “Third-Party Materials”) or Third-Party Services at your own risk. TempStars makes no claim or representation regarding Third-Party Materials and Third-Party Services, and provides them or links to them only as a convenience. Inclusion in the Services of Third-Party Materials does not imply TempStars’ endorsement, adoption or sponsorship of, or affiliation with, such Third-Party Materials. TempStars accepts no responsibility for reviewing changes or updates to, or the quality, content, policies, nature or reliability of Third-Party Materials, or Web sites linking to the Services. When you leave the Services, our terms and policies no longer govern, and when you use Third-Party Services their terms and policies apply. You should review applicable terms and policies, including privacy and data gathering practices, of any Third-Party Materials and Third-Party Services, and should make whatever investigation you feel necessary or appropriate before proceeding with any transaction with any third party. You also acknowledge that TempStars is not responsible for the acts or omissions of any other User, including for clarity any person you engage through the Services or by whom you are engaged through the Services, and that we make no representation or warranty about any other User. If you are engaging the services of a person or being engaged by a person through the Application you acknowledge that it is your responsibility to enter in appropriate agreements with them concerning that engagement.
10. Advertisements and Promotions. TempStars may run advertisements and promotions from third parties on the Services. Your business dealings or correspondence with, or participation in promotions of, advertisers other than TempStars, and any terms, conditions, warranties or representations associated with such dealings, are solely between you and such third party. TempStars is not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of third-party advertisers on the Services.
11. Warranty Disclaimer. The Application, the Content and the Services are provided to you on an “as is” basis without warranties from TempStars of any kind, either express or implied. TempStars expressly disclaims all other warranties, express or implied, including without limitation implied warranties of merchantability, fitness for a particular purpose, title and non-infringement. TempStars does not represent or warrant that the Application, the Content or the Services are accurate, complete, reliable, current or error-free. While TempStars attempts to make your access to and use of the Services safe, TempStars does not represent or warrant that the Application, the Content or the Services are free of viruses or other harmful components. TempStars makes no representation or guarantee that any Dental Personnel or employment opportunities through the Service will be available or acceptable to you.
12. Limitation of Liability; Indemnity. Without limitation of the foregoing, neither TempStars nor its affiliates or subsidiaries, their sponsors, contractors, advertisers, vendors or other partners, any of their successors or assigns, or any of their respective officers, directors, agents or employees (collectively, the “Released Parties”) shall be liable for any punitive, aggravated, special, indirect or consequential damages, including but not limited to loss of use, loss of profits or loss of data, whether in an action in contract, tort (including but not limited to negligence) or otherwise, arising out of or in any way connected with the use of or inability to use the Application, the Content or the Services, including without limitation any damages caused by or resulting from your reliance on the Application, the Content or the Services or other information obtained from TempStars or any other Released Party or accessible via the Application, the Content or the Services, or that result from mistakes, errors, omissions, interruptions, deletion of files or email, defects, viruses, delays in operation or transmission or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to TempStars or any other Released Party’s records, programs or services. In no event shall the aggregate liability of TempStars, whether in contract, warranty, tort (including negligence, whether active, passive or imputed), product liability, strict liability or other theory, arising out of or relating to the use of the Application, the Content or the Services exceed the lesser of CDN$100, and any compensation paid by you for access to or use of the Application, the Content or the Services, as the case may be, during the three months prior to the date of any claim.
You shall defend, indemnify and hold harmless TempStars and the other Released Parties from any injuries, losses, damages of any kind (whether compensatory, direct, incidental, consequential or otherwise) (collectively, “Losses”) arising out of (i) your breach of these Terms or of any of our policies, rules, guidelines or standards; (ii) your use of the Application, the Content or the Services (including from the use of the Application, the Content or the Services by any person to whom you give access to your account); (iii) your interactions with any other User including any Losses suffered as a result of that interaction; (iii) your improper use of our Application, the Content or the Services; and (iv) your breach of any laws, regulations or third party rights. For clarity, this indemnity includes (x) an indemnity by each User who is a Dental Personnel for Losses, including the loss of dental office production, due to the failure of that Dental Personnel to keep a booking arrangement, and (y) an indemnity by each User who is a Dentist for Losses, including loss of income by Dental Personnel, due to the failure of that Dentist to keep a booking arrangement of that Dental Personnel, including but not limited to travel expenses of that Dental Personnel.
13. Communications. Notices that we give you (other than notice of amendment of these Terms, which is discussed in the introduction of these Terms) may be provided in any number of ways, depending on the circumstances. For example, we may email you or telephone you at the contact information you provide in your Registration Data. Or we may post a notice in the dashboard area of your account on the Application, or post the notice elsewhere on the Application. When we post notices on the Application, we post them in the area of the Application suitable to the notice. It is your responsibility to periodically review the Application for notices.
14. Applicable Law and Venue. The Services are controlled by TempStars and operated by it from its offices in Ontario, Canada. You and TempStars both benefit from establishing a predictable legal environment in regard to the Services. Therefore, you and TempStars explicitly agree that all disputes, claims or other matters arising from or relating to your use of the Application, the Content or the Services will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms. Any claim, dispute or controversy (whether in contract or tort, pursuant to statute or regulation, or otherwise, and whether preexisting, present or future) involving TempStars and arising out of or relating to (a) these Terms; (b) the Application, the Content or the Services; (c) oral or written statements, advertisements or promotions relating to these Terms or to the Application, the Content or the Services; or (d) the relationships that result from these Terms or the Application, the Content or the Services (collectively, a “Claim”), will be heard and resolved in a court of competent subject matter jurisdiction located in Toronto, Ontario. You consent to the personal jurisdiction of such courts over you, stipulate to the fairness and convenience of proceeding in such courts, and covenant not to assert any objection to proceeding in such courts. If you choose to access the Services from locations other than Ontario, you will be responsible for compliance with all local laws of such other jurisdiction and you agree to indemnify TempStars and the other Released Parties for your failure to comply with any such laws.
15. Termination/Modification of License and Site Offerings. Notwithstanding any provision of these Terms, TempStars reserves the right, without notice and in its sole discretion, without any notice or liability to you, to (a) terminate your license to use the Services, or any portion thereof; (b) block or prevent your future access to and use of all or any portion of the Services or Content; (c) change, suspend or discontinue any aspect of the Services or Content; and (d) impose limits on the Services or Content.
16. Inactive Accounts; Termination of Agreement. If your account is inactive for at least two months, we may deactivate your account. Deactivated accounts are not deleted – they are placed in storage and can be restored. We will notify you by email if we decide to deactivate your account. If you know in advance that your account will be inactive at some time and don’t want us to deactivate it, let us know in advance at email@example.com. If after your account has been deactivated it stays inactive and we don’t hear from you, we may terminate it at any time and without notice. You and TempStars may terminate your use of the Services including your account with us and these Terms at any time. If you terminate your account with us you must pay the fees applicable for the balance of the then current billing period (if your billing period is monthly, we will prorate your account to the nearest month-end after termination) or for any Services rendered before the date of termination, as the case may be. As noted in Section 3, your obligation to pay fees survives any termination of your account. When your TempStars account is terminated, your User Content will, shortly thereafter, not appear on the Services, except for User Content submitted to public areas of the Application such as a blog, forum, or reviews, which may remain on the Application after termination. We may also retain an archival copy of your User Content after termination, and you hereby grant us a non-exclusive, perpetual, irrevocable license to maintain such archival copy for our internal business purposes.
If these Terms expire or terminate for any reason, Sections 3, 4, 9, 11, 12, 14, 16, 17, 18, 19 and 20 and any representation or warranty you make in these Terms, shall survive indefinitely.
17. Personnel as Independent Contractors, Etc. All Users, whether Dentists, Dental Personnel or others, are considered independent contractors in relation to TempStars, and with respect to their interactions with each other as a result of their use of the Services, also in relation to each other (except, with respect to their relationship to each other, to the extent they agree otherwise), and not as employees or agents thereof. Payments to Dental Personnel are made directly to them by the applicable Dentist, and not by TempStars.
18. Relations Among Users and TempStars. TempStars makes no representation, warranty, covenant or guarantee with respect to the qualifications, credentials, competence or license status or registration/ license number of any User. We do make a good faith effort to verify the validity of Dental Personnel certifications and qualifications, but the entire responsibility of verifying the credentials and license status of a User you deal with through the Services falls solely and exclusively with you, and we have no liability therefor, even if we fail to make any effort to verify the qualifications, credentials, competence or license status of that User. The registration/license number that an individual Dental Personnel has provided to us is generally included in the applicable booking details for verification by the Dentist, but if it is not, it is up to the Dentist to request that information from the Dental Personnel and verify that information.
In addition, Dental Personnel are responsible for familiarizing themselves with and following the infection control protocols of the applicable Dentist, and are responsible for their own actions when at the Dentist’s office, and for following proper infection control guidelines. If Dental Personnel are uncomfortable with any of the infection control protocols of a Dentist’s office, it is the Dental Personnel’s responsibility to address that issue, including by refusing to work there. You are responsible for your conduct in relation to TempStars and other Users. In particular, if you cancel any engagement you secure through TempStars without the minimum notice required by TempStars or the other User, we reserve the right to suspend or terminate your access to the Services.
If Dental Personnel find an engagement with a Dentist through TempStars they must immediately inform TempStars of any additional temporary, maternity, sick -leave, or permanent employment opportunities accepted by them from that Dentist (or any related or associated office) within a period of 8 months subsequent to the last day of that original engagement.
19. Miscellaneous. If any provision of these Terms shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from these Terms and shall not affect the validity and enforceability of any remaining provisions. TempStars may assign any or all of its rights and/or obligations hereunder to any party without your consent. You are not permitted to assign any of your rights or obligations hereunder without the prior written consent of TempStars, and any such attempted assignment will be void and unenforceable. These Terms constitute the entire agreement between you and TempStars regarding your use of the Application, the Content and the Services, and supersede all prior or contemporaneous communications whether electronic, oral or written between you and TempStars regarding your use of them. The parties confirm that it is their wish that these Terms, as well as any other documents relating to this Terms, including notices, have been and shall be drawn up in the English language only. Les parties reconnaissent avoir convenue que la présente convention ainsi que tous documents, avis et procédures judiciaires qui pourront être exécutés, donnés ou intentées à la suite des présentes ou ayant un rapport, direct ou indirect, avec la présente convention soient rédigée en anglais.
20. Alberta Employment Agency Business Licensing Regulation This Section 20 applies to any Dental Personnel who is an “individual” as described in Section 10(1) of the Alberta “Employment Agency Business Licensing Regulation”:
Fee Prohibition. Section 12 of the Employment Agency Business Licensing Regulation prohibits an employment agency business operator from directly or indirectly demanding or collecting a fee, reward or other compensation (a) from an individual who is seeking employment or from another person on that individual’s behalf, (b) from an individual who is seeking information respecting employers seeking employees or from another person on that individual’s behalf, (c) from an individual for securing or attempting to secure employment for the individual or providing the individual with information respecting any employer seeking employees or from another person on that individual’s behalf, or (d) from an individual for evaluating or testing the individual, or arranging for the individual to be evaluated or tested, for skills or knowledge required for employment, where the individual or employment is in Alberta, or from another person on that individual’s behalf.
Questions and Comments If you have any questions regarding these Terms or your use of the Services, please contact us here: E-mail: firstname.lastname@example.org
This Agreement may be executed in any number of counterparts (including counterparts transmitted by facsimile or e-mail transmission of Adobe Acrobat PDF files), each of which shall be deemed to be an original, but all of which taken together shall be deemed to constitute one and the same instrument. Checking the Agreement box in the TempStars platform is considered binding and accepted that this agreement as been read in full and agreed upon without condition.
We reserve the right to block or remove any hygienist at any time at our discretion. Note: a hygienist who is blocked/penalized due to a shift cancellation may provide documentation validating that their cancellation was related to a disability which TempStars may consider in determining whether to waive the block.