Terms & Conditions
These terms and conditions govern the use of divinosolutions.com. By using this site, you agree to these Terms and Conditions.
Policy Version: 2025.04 | Last Updated: April 13, 2025
1. Introduction
Divino Business Solutions Inc. (“Divino,” “we,” “us,” or “our”) is a corporation registered in Ontario, Canada, specializing in recruitment, staffing, HR management, payroll services, and related solutions. These Terms of Service (“Terms”) govern your access to and use of our website divinosolutions.com (the “Site”). By accessing or using the Site, you agree to comply with and be bound by these Terms. If you do not agree, you may not use the Site.
2. Acceptance of Terms
By using the Site, you confirm that:
- You are at least 18 years old and capable of forming a binding contract under Ontario law.
- You agree to comply with all applicable Canadian federal and Ontario provincial laws, including the Personal Information Protection and Electronic Documents Act (PIPEDA),Ontario Human Rights Code, and Employment Standards Act, 2000.
- You acknowledge that separate agreements (e.g., client service contracts, employment agreements) govern specific services provided by Divino, and those agreements will supersede conflicting provisions in these Terms.
- Client-specific terms are governed by separate Client Service Agreements, which supersede these Terms where conflicting.
3. Modifications
We reserve the right to update these Terms at any time. Changes will be effective immediately upon posting on the Site, with the "Last Updated" date revised. Material changes (e.g., arbitration, liability, or payment terms) will be communicated via email to registered users or through prominent Site notices. Your continued use of the Site after updates constitutes acceptance of the revised Terms.
4. Use of the Site
a. Permitted Use
The Site is intended for:
- Legitimate business inquiries related to Divino's services (recruitment, staffing, HR, payroll, etc.).
- Submitting applications for employment or client partnerships.
- Accessing policy documents (e.g., Privacy Policy, Employee Policy).
b. Prohibited Activities
You agree not to:
- Use the Site for unlawful purposes or to infringe on others' rights (e.g., discrimination, harassment, fraud).
- Submit false, misleading, or incomplete information (e.g., fake job applications, forged credentials).
- Scrape, reverse-engineer, or exploit Site data for commercial purposes without written consent.
- Introduce malware, spam, or tools to disrupt the Site's functionality or security.
c. Accessibility
Divino complies with the Accessibility for Ontarians with Disabilities Act (AODA). Requests for accommodation can be sent to employment@divinosolutions.com.
5. Intellectual Property
All content on the Site (logos, text, graphics, software, etc.) is owned by Divino or its licensors and protected under Canadian intellectual property laws.
You may not reproduce, modify, or distribute content without prior written consent. Unauthorized use may result in legal action under the Copyright Act (Canada).
a. Payment Terms
For services requiring payment (e.g., recruitment fees, payroll processing):
- All fees are in CAD (Canadian Dollars) and subject to applicable HST/GST.
- Payments must be made via approved methods (credit card, bank transfer).
- Refund eligibility is governed by the Client Service Agreement.
- Late payments may incur interest at 1.5% per month (18% annually).
6. Privacy Compliance
Your use of the Site is subject to our Privacy Policy, which complies with PIPEDA and Ontario privacy laws.
We collect, use, and disclose personal data only for lawful business purposes. By using the Site, you consent to cross-border data transfers where applicable.
7. Third-Party Links & Services
The Site may link to third-party websites (e.g., job boards, payroll software). Divino does not endorse or control third-party content, services, or privacy practices.
Use third-party services at your own risk.
Testimonials
Client/employee testimonials reflect individual experiences and do not guarantee similar outcomes. Results may vary based on specific circumstances.
8. Disclaimer of Warranties
The Site and its content are provided "as is" and "as available."
Divino disclaims all warranties, express or implied, including:
- Uninterrupted, error-free, or secure operation of the Site.
- Accuracy, completeness, or suitability of content for your needs.
- Outcomes from using Divino's recruitment or HR services.
9. Limitation of Liability
To the maximum extent permitted by Ontario law, Divino and its affiliates will not be liable for:
- Direct, indirect, incidental, or consequential damages (e.g., lost profits, data breaches).
- Claims arising from your misuse of the Site, third-party services, or reliance on Site content.
- Unauthorized access to your account due to your failure to safeguard credentials.
These limitations apply even if Divino has been advised of the possibility of such damages.
10. Indemnification
You agree to indemnify Divino, its directors, officers, and employees against all claims, losses, or expenses (including legal fees) arising from:
- Your breach of these Terms.
- Your violation of applicable laws or third-party rights.
- Fraudulent or negligent use of the Site.
This indemnification obligation will survive termination of your use of the Site.
11. Governing Law & Dispute Resolution
These Terms are governed by the laws of Ontario and the laws of Canada applicable therein.
Mandatory Arbitration:
Any disputes shall be resolved through binding arbitration in Toronto, Ontario, administered by the ADR Institute of Canada under its Arbitration Rules.
Class Action Waiver:
Claims must be brought individually, not as a class action or collective proceeding.
Exceptions:
Divino may seek injunctive relief in Ontario courts to protect intellectual property or prevent irreparable harm.
12. Termination
Divino reserves the right to suspend or terminate your access to the Site without notice for violations of these Terms.
Survival clauses (e.g., indemnification, intellectual property, liability limitations) will remain in effect post-termination.
12.1 Force Majeure
Divino is not liable for failures due to unforeseeable events beyond our control, including but not limited to: natural disasters, pandemics, cyberattacks, or government actions.
13. Electronic Communications
By using the Site, you consent to receive electronic communications (e.g., policy updates, service notices) from Divino.
You may opt out of promotional emails but not transactional or legal notices.
14. Severability
If any provision of these Terms is deemed invalid or unenforceable by an Ontario court, the remaining provisions will remain in full force.
15. Entire Agreement
These Terms, along with the Privacy Policy, Employee Policyconstitute the entire agreement between you and Divino regarding the Site.
Prior agreements or representations are superseded.
16. User Accounts
If you create an account on any Divino platform — including our job portal, client portal, or internal systems — you are responsible for maintaining the confidentiality of your login credentials and all activity that occurs under your account.
You agree not to share your login information or impersonate any individual or company. Divino reserves the right to suspend or terminate any account in the event of suspected misuse, unauthorized access, or violations of these Terms.
17. Related Policies
Please also review our additional policies, which form part of your agreement when using Divino platforms:
18. Contact Information
For questions or legal notices:
Divino Business Solutions Inc.
#2 - 120 Main Street, Cambridge, ON N1R 1V7, Canada
Email: enquiry@divinosolutions.com
Phone: (519)-502-2187