These Terms and Conditions (“Terms”) constitute a legally binding agreement governing all access to and use of the Rhema Executives website (“Website”), together with all content, materials, communications, tools, and services made available by Rhema Executives (“the Company,” “we,” “us,” or “our”). These Terms apply to all visitors, candidates, clients, business partners, and any other individuals or entities accessing or using the Website in any manner whatsoever. By accessing, browsing, viewing, or otherwise using the Website, you expressly acknowledge that you have read, understood, and agreed to be legally bound by these Terms, together with the Legal Disclaimer and Privacy Policy, each of which is expressly incorporated by reference and forms an integral part of this contractual framework. If you do not agree to these Terms in their entirety, you must immediately discontinue all use of the Website.
The Website is provided solely for lawful, informational, and business purposes relating to executive recruitment, retained search, leadership advisory, and related professional services. You agree to use the Website only in accordance with applicable laws, regulations, and professional standards and not to engage in any activity that is unlawful, misleading, deceptive, fraudulent, or otherwise harmful. Without limitation, you agree not to interfere with the operation, security, or integrity of the Website; attempt to gain unauthorized access to Company systems; introduce malicious code; or use the Website in a manner that could damage Rhema Executives’ reputation, business interests, or relationships with clients or candidates.
Nothing contained on the Website constitutes, or shall be deemed to constitute, an offer, solicitation, promise, warranty, or binding commitment by Rhema Executives to provide services, employ or place any individual, represent any candidate, or enter into any business relationship. No contractual, agency, partnership, joint venture, fiduciary, or employment relationship is created by virtue of Website use, submission of information, or communication with the Company unless and until a formal written agreement is executed by duly authorized representatives of Rhema Executives. Any reliance on Website content or communications prior to such execution is undertaken entirely at the user’s sole risk.
Any resumes, curriculum vitae, professional profiles, personal data, or other information submitted to Rhema Executives—whether through the Website, email, social networking platforms, or other communication channels—are submitted voluntarily and do not create an employment relationship, agency relationship, or contractual obligation of any kind. Rhema Executives retains sole and absolute discretion in evaluating, screening, representing, declining, or presenting candidates to client organizations based on professional judgment, client requirements, and prevailing market conditions. Candidates expressly acknowledge that all hiring decisions, employment terms, and contractual arrangements are made solely by client organizations and that Rhema Executives assumes no responsibility or liability for such decisions or outcomes.
All recruitment, executive search, talent advisory, and related professional services provided by Rhema Executives to client organizations, candidates, or other business partners (collectively, the “Services”) are governed exclusively by the terms of fully executed written agreements between Rhema Executives and the respective client or contracting party. Such written agreements shall constitute the sole and binding framework governing the rights, obligations, deliverables, fees, and any other matters pertaining to the provision of Services, and no other communications, representations, or statements, whether made through the Website, email, telecommunication, social media, or any other channel, shall supplement, amend, modify, or otherwise override the express terms of such agreements.
Clients expressly acknowledge and agree that any service retainer or deposit paid to Rhema Executives is non-refundable under any circumstances, regardless of the outcome of the recruitment process, candidate selection, or termination of the engagement. The non-refundable retainer shall be deemed fully earned by Rhema Executives upon payment and shall not be subject to reduction, set-off, or refund for any reason, including client cancellation, change of requirements, or inability to secure candidates.
The Website and its content, including without limitation informational materials, candidate profiles, market insights, reports, or service descriptions, are provided for general informational purposes only and do not constitute, and shall not be relied upon as, professional, legal, financial, or employment advice. Rhema Executives expressly disclaims any liability arising from reliance on any content, materials, or representations made through the Website, and any such reliance is undertaken entirely at the user’s risk. Nothing on the Website shall be construed as creating or implying a contractual relationship, engagement, fiduciary duty, or representation outside the terms of a formally executed agreement.
Clients expressly acknowledge, understand, and agree that recruitment and executive search outcomes are inherently uncertain and contingent upon multiple variables, many of which are beyond the control of Rhema Executives. Such variables may include, but are not limited to, the availability, qualifications, or suitability of candidates, the competitive landscape of the labor market, client-specific decision-making processes, business priorities, market conditions, regulatory requirements, and unforeseeable events. Accordingly, Rhema Executives does not guarantee the achievement of any particular hiring result, candidate placement, timeline, retention outcome, executive performance, or other business outcome.
Clients further agree that Rhema Executives shall not be responsible for any consequences, losses, damages, or costs incurred as a result of recruitment decisions, hiring practices, or the actions or omissions of candidates or third parties. Any projections, expectations, or illustrative examples of service outcomes provided through the Website or communications, whether verbal, written, or electronic, are forward-looking statements that are illustrative only and shall not be interpreted as promises, warranties, or guarantees of performance.
Nothing in this Client Engagements and Service Limitations clause shall be construed to limit any statutory rights or non-excludable obligations under applicable Canadian law, including mandatory consumer protections where applicable. To the maximum extent permitted by law, all other implied warranties, guarantees, or conditions are expressly excluded, and the allocation of risk, uncertainty, and non-refundable fees inherent in recruitment and executive search shall remain with the client.
All content and materials made available on the Website, including but not limited to text, branding, logos, graphics, layouts, written materials, methodologies, frameworks, processes, and proprietary information, are the exclusive intellectual property of Rhema Executives or its licensors and are protected by applicable intellectual property laws. No license or right is granted to users except the limited, non-exclusive, revocable right to access and view the Website for its intended purpose. Any unauthorized reproduction, distribution, modification, publication, republication, or commercial exploitation of Website content is strictly prohibited and may give rise to civil and criminal liability.
The Website, together with all content, materials, information, data, text, graphics, software, functionality, and any services, features, or tools made available through or in connection with the Website (collectively, the “Website Services”), are provided strictly on an “as is,” “as available,” and “with all faults” basis. Access to and use of the Website Services is entirely at your own risk.
To the fullest extent permitted by applicable law, Rhema Executives expressly disclaims and excludes all representations, warranties, conditions, undertakings, and guarantees of any kind whatsoever, whether express, implied, statutory, or otherwise, including without limitation any implied or statutory warranties or conditions of accuracy, completeness, reliability, timeliness, merchantability, satisfactory quality, fitness for a particular purpose, non-infringement, title, quiet enjoyment, professional standard of care, or availability, as well as any warranties arising from course of dealing, course of performance, or usage of trade.
Without limiting the generality of the foregoing, Rhema Executives makes no representation or warranty that the Website or any Website Services will be uninterrupted, continuous, timely, error-free, secure, or compatible with any hardware, software, systems, or networks, or that any defects, errors, or omissions will be corrected. Rhema Executives does not warrant that the Website, its servers, databases, or any communications sent from or on its behalf are free from viruses, malware, ransomware, Trojan horses, spyware, logic bombs, or any other harmful or destructive code, components, or mechanisms.
Rhema Executives further makes no representations or warranties regarding the accuracy, completeness, currency, or suitability of any information made available through the Website, including any content relating to executive search, recruitment services, market insights, candidate information, or business outcomes. No information obtained through the Website shall be deemed to constitute legal, financial, employment, or professional advice, nor shall any such information give rise to any warranty, representation, or obligation not expressly set out in the Governing Documents.
You acknowledge and agree that Rhema Executives shall not be responsible or liable for any loss, damage, interruption, delay, data loss, security breach, unauthorized access, or other harm arising from or related to your use of, reliance upon, or inability to use the Website or Website Services, whether caused by technical failures, third-party actions, system outages, or otherwise.
Nothing in this Disclaimer of Warranties shall operate to exclude or limit any warranties, conditions, or guarantees that cannot be lawfully excluded or limited under applicable Canadian law, including mandatory consumer protections where applicable. To the extent such non-excludable rights apply, this Disclaimer shall be interpreted so as to preserve those rights while otherwise giving maximum effect to the warranty exclusions set out herein.
To the maximum extent permitted by applicable law, Rhema Executives, its directors, officers, employees, contractors, agents, and affiliates shall not be liable for any direct, indirect, incidental, consequential, special, exemplary, or punitive damages arising out of or related to Website use, inability to use the Website, reliance on Website content, recruitment or employment decisions, or any services referenced herein. This limitation applies regardless of the legal theory asserted and whether or not the Company has been advised of the possibility of such damages.
You agree, to the fullest extent permitted by applicable law, to indemnify, defend, and hold harmless Rhema Executives, together with its directors, officers, employees, contractors, agents, affiliates, successors, and assigns, from and against any and all claims, actions, proceedings, demands, causes of action, liabilities, losses, damages, judgments, settlements, penalties, fines, costs, and expenses of every kind and nature whatsoever, whether direct or indirect, known or unknown, foreseeable or unforeseeable, including without limitation reasonable legal fees, court costs, expert fees, and other professional expenses, arising out of, relating to, or resulting from your access to or use of the Website.
This indemnification obligation includes, without limitation, any claims or liabilities arising from or connected to your violation of these Terms and Conditions, the Legal Disclaimer, the Privacy Policy, or any applicable laws or regulations; your submission, transmission, or use of any information, content, or materials through the Website; your infringement or alleged infringement of any intellectual property rights, privacy rights, confidentiality obligations, or other rights of any third party; or any misrepresentation, negligent act, omission, or wrongful conduct by you in connection with your use of the Website or interactions with Rhema Executives, its clients, or candidates.
You further agree that Rhema Executives shall have the right, but not the obligation, to assume the exclusive defense and control of any matter subject to indemnification by you, in which case you agree to cooperate fully with Rhema Executives in asserting any available defenses. You may not settle any claim subject to indemnification without the prior written consent of Rhema Executives, which shall not be unreasonably withheld where consent is required by law.
This indemnification obligation shall survive termination of your use of the Website, the termination or expiration of these Terms, and any other agreement between you and Rhema Executives, and shall apply regardless of whether the claim arises in contract, tort, negligence, strict liability, statute, or otherwise.
The Website may contain links to third-party websites or platforms that are not owned, operated, or controlled by Rhema Executives. Such links are provided solely for convenience and informational purposes. Rhema Executives does not endorse or assume responsibility for the content, policies, or practices of third-party websites and disclaims all liability arising from access to or use of such sites.
These Terms and Conditions, together with the Legal Disclaimer, Privacy Policy, and any other policies, notices, or agreements incorporated herein by reference (collectively, the “Governing Documents”), and any dispute, claim, controversy, or cause of action arising out of or relating to the Governing Documents, the Website, or any services provided by Rhema Executives, whether arising in contract, tort, negligence, statute, equity, misrepresentation, or otherwise, shall be governed exclusively by and construed in accordance with the laws of Canada, and, more specifically, the laws of the Province in which Rhema Executives maintains its principal place of business, together with the federal laws of Canada applicable therein, without regard to any conflict-of-laws or choice-of-law principlesthat would result in the application of the laws of another jurisdiction.
You expressly acknowledge, understand, and agree that Rhema Executives operates from Canada, and that all contractual relationships, services, and Website operations are deemed to occur within Canada for legal purposes. As a material condition of accessing the Website or entering into any agreement with Rhema Executives, you irrevocably agree that all disputes shall be brought exclusively in Canada, and nowhere else.
To the fullest extent permitted by applicable law, you irrevocably attorn and submit to the exclusive jurisdiction of the courts of the Province in which Rhema Executives conducts business, and any courts competent to hear appeals therefrom, for the resolution of any dispute or proceeding arising out of or relating to the Governing Documents, the Website, or the services provided by Rhema Executives. You expressly waive any right to commence or participate in any action, claim, or proceeding against Rhema Executives in any other jurisdiction, including, without limitation, the United States, the United Kingdom, Australia, or any other foreign forum.
You further irrevocably waive any objection based on lack of personal jurisdiction, improper venue, forum non conveniens, or inconvenience of forum, and agree that the Canadian courts specified herein constitute a proper, exclusive, and convenient forum for the resolution of all disputes. Any attempt to bring proceedings against Rhema Executives in a jurisdiction other than Canada shall constitute a material breach of these Terms.
The parties expressly agree that the application of the United Nations Convention on Contracts for the International Sale of Goods (CISG), where otherwise applicable, is expressly excluded.
Nothing in this clause shall be construed to exclude, restrict, or limit any mandatory statutory rights or remedies available to consumers under applicable Canadian law that cannot be lawfully waived or excluded. To the extent that mandatory consumer protection legislation applies, this clause shall be interpreted in a manner that preserves such non-excludable rights while otherwise giving maximum effect to the parties’ express agreement regarding exclusive Canadian governing law and jurisdiction.
If any provision, clause, sentence, or part of these Terms and Conditions is determined by a court of competent jurisdiction or other competent authority to be invalid, unlawful, void, or unenforceable in whole or in part under applicable law, such provision shall be deemed severed from these Terms solely to the extent of such invalidity or unenforceability. The severance of any such provision shall not affect the validity, legality, or enforceability of the remaining provisions, which shall continue in full force and effect as if the invalid, unlawful, or unenforceable provision had never been included, to the fullest extent permitted by law.
Where permitted by applicable law, any invalid or unenforceable provision shall be interpreted, modified, or reformed to the minimum extent necessary to render it valid, lawful, and enforceable while preserving, as closely as possible, the original intent, commercial purpose, and risk allocation contemplated by the parties. If such modification or reformation is not permitted, the provision shall be severed without affecting the enforceability of the remainder of these Terms.
No failure, delay, or omission by Rhema Executives in exercising any right, power, or remedy under these Terms shall operate or be construed as a waiver of such right, power, or remedy, nor shall any single or partial exercise of any right, power, or remedy preclude any other or further exercise thereof. Any waiver of a right or provision under these Terms shall be effective only if made expressly and in writing by Rhema Executives and shall not be deemed or construed as a continuing waiver or as a waiver of any subsequent breach or default, whether of a similar or different nature.
The rights and remedies of Rhema Executives provided under these Terms are cumulative and not exclusive of any rights or remedies provided by law. The severability and waiver provisions shall survive termination or expiration of these Terms and shall apply notwithstanding any termination of use of the Website or cessation of any relationship between you and Rhema Executives.
Rhema Executives expressly reserves the unrestricted, unilateral, and absolute right, at its sole discretion, to amend, revise, modify, supplement, restate, replace, or otherwise update these Terms and Conditions, in whole or in part, at any time and for any reason, without prior notice to users, except where advance notice is expressly required by applicable law. Such amendments may include, without limitation, changes to the scope of permitted use, limitations of liability, indemnification obligations, governing law provisions, or any other terms governing access to or use of the Website.
Any amendments, revisions, or updates to these Terms shall become effective immediately upon being posted on the Website, unless a later effective date is expressly stated. Rhema Executives shall have no obligation to provide individualized notice of such changes, and users are solely responsible for reviewing the Terms periodically to remain informed of any modifications. The most current version of the Terms as posted on the Website shall supersede and replace all prior versions.
Your continued access to, browsing of, or use of the Website following the posting of any amended Terms shall constitute your binding acceptance of such amended Terms, regardless of whether you have reviewed the changes. If you do not agree to any amendment, your sole and exclusive remedy is to immediately discontinue all use of the Website. Continued use of the Website after amendments have taken effect shall be deemed conclusive evidence of your agreement to be bound by the revised Terms.
For the avoidance of doubt, no modification or amendment to these Terms shall be valid unless published by Rhema Executives on the Website or otherwise expressly authorized in writing by Rhema Executives. No oral statements, informal communications, or course of dealing shall operate to modify or waive any provision of these Terms.
This amendment provision shall survive termination of Website use and shall apply notwithstanding any termination or expiration of any other agreement between you and Rhema Executives, to the extent permitted by applicable law.
