Terms of Service

1. Acceptance of Terms

These Terms of Service ("Terms") constitute a legally binding agreement between you ("you" or "User") and Whistler.work ("we," "us," or "our"), governing your access to and use of the website located at https://whistler.work and all associated services, features, content, and applications (collectively, the "Platform").

By creating an account, accessing, or using the Platform, you affirm that you: (a) are at least 16 years of age (or the minimum legal age of employment in your jurisdiction); (b) have the legal capacity to enter into these Terms; and (c) agree to be bound by these Terms in their entirety.

If you are accepting these Terms on behalf of a company, organization, or other legal entity ("Entity"), you represent and warrant that you have authority to bind that Entity. In that case, "you" refers to the Entity.

2. Platform Description

Whistler.work is a seasonal employment platform connecting Workers (seasonal employees, ski instructors, hospitality staff, outdoor guides, and other mountain professionals) with Employers (ski resorts, lodges, tour operators, restaurants, and adventure companies) primarily in Whistler, British Columbia, Canada.

The Platform provides the following services:

• Worker profile creation with skills, certifications, and availability windows
• Employer company profiles and job posting management
• Rules-based matching engine that connects Workers with jobs based on skills, availability, season, and location
• Job search and discovery with filtering capabilities
• Job application and expression-of-interest workflows
• In-platform notifications for application status updates

Important: Whistler.work is a technology platform that facilitates connections between Workers and Employers. We are not an employer, employment agency, staffing firm, or recruiter. We do not enter into employment relationships with Workers, nor do we guarantee employment outcomes.

3. User Accounts

3.1 Registration

To access certain features of the Platform, you must create an account. During registration, you will select a role:

• Worker: individuals seeking seasonal or permanent employment
• Employer: businesses or organizations posting job opportunities

You agree to provide accurate, current, and complete information during registration and to update such information as necessary to keep it accurate. We reserve the right to suspend or terminate accounts with materially inaccurate registration information.

3.2 Account Security

You are responsible for maintaining the confidentiality of your account credentials and for all activities that occur under your account. You agree to:

• Use a strong, unique password for your account
• Not share your account credentials with any third party
• Notify us immediately at security@whistler.work if you suspect unauthorized access to your account
• Log out of your account when using shared or public devices

3.3 Account Termination

You may delete your account at any time through your account settings or by contacting us. Upon account deletion, your personal data will be handled in accordance with our Privacy Policy. We reserve the right to suspend or terminate accounts that violate these Terms, with or without prior notice.

4. User Roles & Responsibilities

4.1 Worker Responsibilities

As a Worker, you agree to:

• Provide truthful information about your skills, certifications, experience, and availability
• Not misrepresent your qualifications, certifications, or legal work status
• Keep your availability windows current and accurate
• Respond to Employer communications in a timely and professional manner
• Comply with all applicable employment and immigration laws

4.2 Employer Responsibilities

As an Employer, you agree to:

• Post only legitimate, lawful job opportunities for real positions
• Provide accurate compensation ranges, job descriptions, and working conditions
• Accurately represent housing availability when offered
• Comply with all applicable employment standards, labour laws, and human rights legislation (including the BC Employment Standards Act and Canadian Human Rights Act)
• Not use the Platform to discriminate against applicants on prohibited grounds
• Maintain a valid business entity and authority to hire
• Respond to applicants in a reasonable timeframe

4.3 Verification Disclaimer

While we take reasonable steps to maintain platform integrity, we do not verify the identity, qualifications, or background of Users. Employers are responsible for conducting their own due diligence, reference checks, and verification of work authorization. Workers are responsible for independently verifying the legitimacy of employers and job postings.

5. Acceptable Use Policy

You agree not to use the Platform to:

• Post false, misleading, or fraudulent job listings or profile information
• Harvest, scrape, or collect data from the Platform by automated means (bots, spiders, crawlers) without our express written consent
• Interfere with or disrupt the Platform's infrastructure, services, or other users' experience
• Attempt to gain unauthorized access to any account, system, or network connected to the Platform
• Circumvent, disable, or otherwise interfere with security-related features (including rate limiting, authentication, or access controls)
• Use the Platform for any purpose unrelated to employment (e.g., advertising unrelated products, solicitation, or spam)
• Upload content containing malware, viruses, or any harmful code
• Impersonate any person, business, or entity
• Engage in discriminatory practices or post content that is harassing, abusive, defamatory, obscene, or that promotes violence or hatred
• Collect or store personal information of other Users for purposes outside the Platform
• Violate any applicable local, provincial, national, or international law or regulation

We reserve the right to investigate and take appropriate legal action against anyone who violates this Section, including removing content, suspending accounts, and reporting to law enforcement where warranted.

6. Content & Intellectual Property

6.1 Your Content

You retain ownership of all content you submit to the Platform ("User Content"), including profile information, job postings, cover letters, and company descriptions. By submitting User Content, you grant Whistler.work a non-exclusive, worldwide, royalty-free, sublicensable licence to use, display, reproduce, and distribute your User Content solely for the purpose of operating and improving the Platform.

You represent and warrant that: (a) you own or have the necessary rights to submit your User Content; (b) your User Content does not infringe the intellectual property rights of any third party; and (c) your User Content complies with these Terms and all applicable laws.

6.2 Our Content

The Platform and its original content, features, functionality, design, and branding (excluding User Content) are owned by Whistler.work and are protected by Canadian and international copyright, trademark, and other intellectual property laws. The Whistler.work name, logo, and all related marks are trademarks of Whistler.work.

6.3 DMCA / Copyright Notice

If you believe that content on the Platform infringes your copyright, please send a notice to legal@whistler.work containing: (a) identification of the copyrighted work; (b) identification of the infringing material with sufficient detail to locate it; (c) your contact information; (d) a statement that you have a good faith belief the use is not authorized; and (e) a statement under penalty of perjury that your notice is accurate and you are the copyright owner or authorized to act on their behalf.

7. Job Listings & Applications

7.1 Job Posting Standards

All job listings must:

• Describe a real, currently available or upcoming position
• Include accurate compensation information (minimum pay is required)
• Accurately reflect working conditions, season, and employment type
• Comply with all applicable employment standards and human rights legislation
• Not require applicants to pay fees as a condition of application or employment

We reserve the right to remove job postings that violate these standards or applicable law, without notice.

7.2 Application Process

Workers may apply to job postings through the Platform. Each Worker may submit one application per job posting. Applications include optional cover letters and are shared with the posting Employer.

No employment guarantee: submitting an application does not constitute an employment contract or guarantee of employment. All hiring decisions are made solely by Employers. Whistler.work has no role in the hiring decision and bears no responsibility for employment outcomes.

7.3 Matching Engine

Our matching engine uses rules-based algorithms to suggest potential candidate matches to Employers based on skills, availability windows, seasonal overlap, and other criteria. Match scores and suggestions are informational only, not employment recommendations. We do not guarantee the accuracy, completeness, or suitability of any match.

8. Fees & Payment

The Platform is currently free to use for both Workers and Employers. We reserve the right to introduce paid features, premium tiers, or subscription services in the future. If we do:

• We will provide at least 30 days' advance notice before any fees become effective
• Existing free features will remain clearly delineated from paid features
• All pricing will be transparently displayed before purchase
• Payment processing will be handled by PCI DSS-compliant third-party processors — we do not store payment card information

9. Disclaimers & Limitation of Liability

9.1 "As Is" Disclaimer

The Platform is provided on an "as is" and "as available" basis without warranties of any kind, whether express, implied, statutory, or otherwise, including but not limited to implied warranties of merchantability, fitness for a particular purpose, title, and non-infringement.

Without limiting the foregoing, we do not warrant that:

• The Platform will be uninterrupted, error-free, or secure
• Any information provided by Users (including job postings, profiles, or credentials) is accurate, reliable, or complete
• The matching engine will produce accurate or relevant results
• Any employment relationship will result from use of the Platform
• The Platform will meet your specific requirements

9.2 Limitation of Liability

To the maximum extent permitted by applicable law, Whistler.work and its officers, directors, employees, agents, and affiliates shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, goodwill, or other intangible losses, arising from or related to:

• Your use of or inability to use the Platform
• Any conduct or content of any User or third party on the Platform
• Unauthorized access to, or alteration of, your transmissions or data
• Employment or business decisions made based on information obtained through the Platform
• Any disputes between Workers and Employers arising from interactions on the Platform

In no event shall our total aggregate liability exceed the greater of: (a) the amount you paid to Whistler.work in the 12 months preceding the claim; or (b) CAD $100.

9.3 Jurisdictional Limitations

Some jurisdictions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages. In such jurisdictions, our liability is limited to the maximum extent permitted by law.

10. Indemnification

You agree to indemnify, defend, and hold harmless Whistler.work and its officers, directors, employees, agents, and affiliates from and against any claims, liabilities, damages, losses, costs, and expenses (including reasonable attorneys' fees) arising from or related to: (a) your use of the Platform; (b) your violation of these Terms; (c) your violation of any rights of any third party; (d) your User Content; or (e) any employment dispute arising from connections made through the Platform.

11. Dispute Resolution

11.1 Informal Resolution

Before initiating formal proceedings, you agree to first contact us at legal@whistler.work and attempt to resolve the dispute informally for at least 30 days.

11.2 Governing Law & Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of British Columbia and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal proceeding arising under these Terms shall be brought exclusively in the courts of British Columbia, Canada, and you consent to the personal jurisdiction of such courts.

11.3 Limitation Period

Any claim arising from or related to these Terms or your use of the Platform must be filed within one (1) year after the cause of action accrues, or be permanently barred. This limitation applies to the fullest extent permitted by law.

12. Termination

We may suspend or terminate your access to the Platform at any time, with or without cause or notice, including but not limited to:

• Violation of these Terms or our Acceptable Use Policy
• Fraudulent, misleading, or illegal activity
• Extended period of account inactivity (exceeding 24 months)
• Request by law enforcement or government agency
• Discontinuation or material modification of the Platform

Upon termination, your right to use the Platform ceases immediately. Sections that by their nature should survive termination (including but not limited to Sections 6, 9, 10, 11, and 15) will survive.

13. Platform Availability & Modifications

We strive to maintain the Platform's availability but do not guarantee uninterrupted service. The Platform may be temporarily unavailable due to maintenance, updates, or circumstances beyond our control.

We reserve the right to modify, suspend, or discontinue any part of the Platform at any time, with or without notice. We are not liable to you or any third party for any modification, suspension, or discontinuation of the Platform.

14. Third-Party Services & Links

The Platform may contain links to third-party websites or services (including employer company websites). These links are provided for convenience only. We do not endorse, control, or assume responsibility for the content, privacy policies, or practices of any third-party services. Your interactions with third-party services are solely between you and the third party.

15. General Provisions

15.1 Entire Agreement

These Terms, together with our Privacy Policy, constitute the entire agreement between you and Whistler.work regarding your use of the Platform, superseding all prior agreements and understandings.

15.2 Severability

If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.

15.3 Waiver

Our failure to enforce any right or provision of these Terms shall not constitute a waiver of such right or provision. A waiver of any term shall not be deemed a further or continuing waiver of such term or any other term.

15.4 Assignment

You may not assign or transfer your rights or obligations under these Terms without our prior written consent. We may assign our rights and obligations without restriction.

15.5 Force Majeure

We shall not be liable for any failure to perform our obligations where the failure results from causes beyond our reasonable control, including but not limited to natural disasters, war, terrorism, pandemics, government actions, power failures, internet outages, or other force majeure events.

15.6 Notices

We may provide notices to you through: (a) email to the address associated with your account; (b) in-platform notifications; or (c) posting on the Platform. Notices sent by email are deemed received 24 hours after sending. Notices posted on the Platform are effective upon posting.

16. Changes to These Terms

We may revise these Terms from time to time. When we make material changes, we will: (a) update the "Last Updated" date at the top of this page; (b) post a prominent notice on the Platform; and (c) for significant changes, notify registered users via email or in-platform notification at least 14 days before the changes take effect. Your continued use of the Platform after the effective date of revised Terms constitutes acceptance of the changes. If you do not agree to the revised Terms, you must stop using the Platform and may delete your account.

17. Contact Information

For questions, concerns, or legal notices regarding these Terms: