Last updated: September 13, 2022
You may use the Services if you are at least 13 years old. If you are 13-17 years of age, you represent and warrant to EHRC that you have the permission of your parent or guardian to use the Services and any activities on the Services, and your parent or guardian agrees to these Terms on your behalf.
IF YOU ARE ACCESSING THE PLATFORM AND SERVICES ON BEHALF OF AN ORGANIZATION, YOU REPRESENT AND WARRANT THAT YOU HAVE THE AUTHORITY TO ENTER INTO THESE TERMS ON BEHALF OF YOUR ORGANIZATION AND TO PROVIDE CONFIDENTIAL INFORMATION OF SUCH ORGANIZATION THROUGH THE PLATFORM.
THESE TERMS CONTAIN A RELEASE BY YOU OF ALL CLAIMS FOR DAMAGE AGAINST US THAT MAY ARISE OUT OF YOUR USE OF THE SERVICES OR THE PLATFORM. BY USING THE SERVICES, YOU AFFIRM THAT YOU AGREE TO THESE PROVISIONS.
1. Modification of Terms
2. Modification of Services; Downtime
EHRC reserves the right to change the Platform or change, eliminate or interrupt any part of the Platform or the Services without notice and for any reasons whatsoever. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between you, EHRC and/or the EHRC Licensee, as applicable, through the Platform.
3. Access and License
EHRC hereby grants you a limited, non-exclusive, non-transferable, non-sub-licensable and revocable right and license to (i) access the Platform for the purposes of receiving the Services in accordance with these Terms and as applicable, any written agreement entered between EHRC and an EHRC Licensee (each, an “EHRC License Agreement”); and (ii) access, view and print any information and documentation made available on the Platform, for your non-commercial and informational use only to assist you in the access and use of the Services.
You agree to:
- maintain and update such Login ID and any registration information associated with the same, as necessary in order to keep such information current, complete, and accurate;
- maintain, update and keep banking details provided through the Platform accurate, which will be used for remittance of subsidies by EHRC or the applicable EHRC Licensee;
- maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the Platform;
- be responsible for all activities that occur under such password or account;
- refrain from creating false accounts;
- immediately notify EHRC or the applicable EHRC Licensee of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised.
Failure to comply with this section may result in immediate termination of your account. EHRC SHALL NOT BE RESPONSIBLE OR LIABLE, DIRECTLY OR INDIRECTLY, IN ANY WAY FOR ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF, OR IN CONNECTION WITH, YOUR FAILURE TO COMPLY WITH THIS SECTION.
4. Permitted Uses
You agree to use the Services only for purposes that are permitted, both by the Terms and the applicable EHRC License Agreement and by any applicable law, regulation, or generally accepted practices or guidelines, in relevant local, national, and international jurisdictions. You agree and confirm, that your use of the Services is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the Services due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.
You agree that when using the Platform and Services, you will not:
(i) access (or try to access) and use the Services through any automated means, including without limitation, scrapers, scripts, robots or web crawlers;
(ii) submit false or misleading information via the Services;
(iii) use or attempt to use another user’s account;
(iv) impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your personal information or your affiliations with any person or entity;
(v) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the EHRC Content (as defined below);
(vi) market, sell, re-sell or make commercial use of any EHRC Content;
(vii) systematically collect from the Platform and use any EHRC Content, including the use of any data mining, robots, or similar data gathering and extraction methods;
(viii) decompile, reverse engineer, disassemble, modify, or reduce the Platform to human perceivable form;
(ix) make derivative uses of the Platform or the EHRC Content;
(x) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties;
(xi) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party;
(xii) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law;
(xiii) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the Platform or to shut down, overload or overwhelm the Platform.
5. Suspension and Termination of Access
EHRC or the EHRC Licensee may also suspend or terminate your access to the Services or terminate these Terms at any time without written notice to you for any or no reason whatsoever.
If these Terms are terminated for any reason, you are still bound by the provisions of the Terms that are intended to survive. EXCEPT TO THE EXTENT PROHIBITED BY LAW, EHRC HAS NO LIABILITY OF ANY KIND OR ANY NATURE WHATSOEVER TO YOU SOLELY BY REASON OF ANY CHANGE, MODIFICATION, SUSPENSION OR DISCONTINUANCE OF THE PLATFORM OR SERVICES OR ANY OR ALL OF THE PLATFORM OR SERVICES IN ACCORDANCE WITH ITS TERMS. EXCEPT TO THE EXTENT PROHIBITED BY LAW, YOU AGREE THAT YOU SHALL NOT MAKE ANY CLAIM AGAINST EHRC, INCLUDING WITH RESPECT TO ANY LOST REVENUE, PROFITS OR OPPORTUNITIES AS A RESULT OF SUCH CHANGE, MODIFICATION, SUSPENSION OR DISCONTINUANCE OR ON ACCOUNT OF ANY EXPENDITURES MADE OR ACTIONS TAKEN IN RELIANCE ON THE EXPECTED CONTINUATION OF THE PLATFORM, THE SERVICES OR THESE TERMS.
The Platform may include images, text, works, audio files, sounds and other content and data that are owned by third parties (“Third Party Content”). You agree that all of the terms and conditions of these Terms relating to the Platform apply to your access to and use of any Third Party Content and you further agree to comply with any terms and conditions that are specific to the Third Party Content.
All content and data made available by EHRC through the Platform and modifications, enhancements, upgrades, updates or customization thereto, including any Third Party Content, (“EHRC Content”) is owned solely and exclusively by EHRC and/or third parties.
If you make any information, data or content available to EHRC on or through the Platform, by contacting us, or providing comments or ideas about our Platform or Services (“User Content”), you are deemed to grant EHRC a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the Platform without any payment or restriction.
You represent and warrant that (i) you have the right to use or make available to EHRC such User Content and grant the rights to User Content set out herein; and (ii) the User Content made available to EHRC through the Platform is not in violation of any confidential or other contractual obligations. You are solely responsible and liable for any User Content you make available on or through the Platform or that is made available using your account. If you make User Content available through the Platform, you represent that you have the right and permission to do so. In addition to the use restrictions set out above, you agree to not post any User Content that may be defamatory in nature or that may be in violation of a third party’s intellectual property rights. You agree that EHRC or EHRC Licensee may proofread, summarize or otherwise edit, remove and/or withdraw your User Content in its sole discretion and for any reason whatsoever.
If you provide EHRC or EHRC Licensee with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”), EHRC or EHRC Licensee may use such feedback to improve the Platform or for any other purpose. Furthermore, EHRC shall own such Feedback and EHRC and its affiliates, licensees, clients, partners, third-party providers and other authorized parties may use, license, distribute, reproduce and commercialize the Feedback, and you hereby assign, irrevocably, exclusively and on a royalty-free basis, all such Feedback to EHRC. EHRC will have no obligation to consider, use, return or preserve any Feedback you provide to us or to EHRC Licensee. Any Feedback you provide to us may or may not be treated confidentially by us, and EHRC will have no obligation or liability to you for the use or disclosure of any Feedback.
7. Disclaimers and Limitation of Liability
THE PLATFORM AND SERVICES ARE PROVIDED BY EHRC OR EHRC LICENSEE ON AN "AS IS" AND "AS AVAILABLE" BASIS. EHRC OR EHRC LICENSEE MAY MAKE CHANGES OR IMPROVEMENTS TO THE PLATFORM AND SERVICES AT ANY TIME, WITHOUT PRIOR NOTICE TO YOU. EHRC DOES NOT WARRANT THAT THE SERVICES OR PLATFORM WILL BE AVAILABLE AT ANY PARTICULAR TIME OR LOCATION OR THAT THE PLATFORM IS FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. EHRC MAKES NO REPRESENTATIONS ABOUT THE TECHNICAL ACCURACY OR FUNCTIONALITY OF THE SERVICES OR THE PLATFORM, OR THAT THE PLATFORM IS ERROR-FREE. EHRC MAKES NO REPRESENTATIONS WARRANTIES OR CONDITIONS OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, FITNESS FOR A PARTICULAR PURPOSE, TITLE, OR NON-INFRINGEMENT OF THIRD PARTY RIGHTS OR INTELLECTUAL PROPERTY.
You expressly agree that your use of the Platform is at your sole risk. You, and not EHRC, assume the entire cost of all necessary servicing, repair or correction in the event of any loss or damage arising out of your use of the Platform or the Services.
IN NO EVENT SHALL EHRC, ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA, OR PROFITS, WHETHER OR NOT EHRC HAS BEEN ADVISED OF THE POSSIBILITY OF DAMAGES, ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH ACCESS TO, USE OR PERFORMANCE OF THE PLATFORM AND SERVICES, FAILURE OF THE PLATFORM TO OPERATE, OR OTHER INFORMATION PROVIDED ON THE PLATFORM OR IN CONNECTION WITH THE SERVICES. THESE LIMITATIONS SHALL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY. YOUR ACCEPTANCE OF THIS LIMITATION OF LIABILITY IS AN ESSENTIAL TERM OF THESE TERMS AND YOU ACKNOWLEDGE THAT EHRC WOULD NOT GRANT ACCESS TO THE SERVICES WITHOUT YOUR AGREEMENT OF THIS SECTION. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES SO THE ABOVE LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
If you are dissatisfied with the Platform, the Services or with any of the terms, conditions, guidelines, practices or policies of EHRC in operating the Platform and in providing the Services, you agree that your sole and exclusive remedy shall be to discontinue accessing the Platform and Services.
Unless otherwise prohibited by applicable law, you agree to defend, indemnify, and hold harmless EHRC, its affiliates and their respective directors, officers, contractors and employees (collectively, “EHRC Parties”) from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from your breach of (i) these Terms or any documents incorporated by reference herein; (ii) applicable EHRC License Agreement(s); (iii) any law or rights of a third party.
9. Collection, Use and Disclosure of Personal Information
All product, brand and EHRC names and logos and trade-marks displayed on the Platform or used in connection with the Services are the trade-marks of EHRC (or its suppliers, partner businesses or third party licensors). Any use of any of the marks appearing on the Platform or in connection with the Services without the express written consent of EHRC or the owner of the mark, as appropriate, is strictly prohibited.
You acknowledge and agree that your use of the Platform and all of the communications, transmissions and transactions associated with the Services and the provision of the Services shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein and that the law of the Province of Ontario is the proper law. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder.
You expressly agree that, in the event that there is a dispute under these Terms and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.
13. Force Majeure
You agree that we are not liable for a delay or failure in performance of the Services or the provisions of these Terms caused by reason of any occurrence of unforeseen events beyond our reasonable control, including but not limited to, acts of God, natural disasters, pandemics, power failures, server failures, third party service provider failures or service interruptions, embargo, labour disputes, lockouts and strikes, riots, war, floods, insurrections, legislative changes, and governmental actions.
No delay or omission by EHRC to exercise any right or power we have under these Terms or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by EHRC must be in writing and signed by an authorized representative of EHRC.
15. Survival of Agreement
All covenants, agreements, representations and warranties made in these Terms shall survive your acceptance of these Terms and the termination of our relationship with you.
16. Entire Agreement
If any provision of these Terms is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms shall be valid and enforceable to the extent permitted by law.
EHRC may terminate these Terms and your use and access of the Services if you fail to comply with any provision of these Terms. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms.
These Terms are personal to you, and are not assignable, transferable, or sublicensable by you except with EHRC’s prior written consent. EHRC may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.
20. Electronic Documents
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (ii) legally enforceable as a signed agreement.
21. Contact Us
Please send us feedback by emailing us at email@example.com or writing us at 2197 Riverside Drive, Suite 400, Ottawa, ON K1H 7X3; Attention: Privacy Officer. By providing us with your e-mail address, you agree to receive all required notices electronically, to that e-mail address or by mobile notifications. It is your responsibility to update or change that address, as appropriate.