Terms and Conditions

CCOHS is committed to respecting the privacy of individuals – whether you are clients who are purchasing a product or service or users of our website. All personal information created, held or collected by CCOHS is protected by the Privacy Act. This means that you will be informed of the purpose for which your personal information is being collected and how to exercise your right of access to that information.

CCOHS is fully committed to protecting the confidentiality of the personal information provided by our clients who purchase products or services. This information is used only to support our relationship with you as a client of CCOHS.

Your Privacy and the Internet

The nature of the Internet is such that Web servers automatically collect certain information about a visit to a website, including the visitor's Internet Protocol (IP) address. IP addresses are unique numbers assigned by Internet Service Providers (ISP) to all devices used to access the Internet. Web servers automatically log the IP addresses of visitors to their sites. The IP address, on its own, does not identify an individual. However, in certain circumstances, such as with the co-operation of an ISP for example, it could be used to identify an individual using the site. For this reason, the Government of Canada considers the IP address to be personal information, particularly when combined with other data automatically collected when a visitor requests a Web page such as the page or pages visited, date and time of the visit.

Unless otherwise noted, CCOHS does not automatically gather any specific information from you, such as your name, telephone number or email address. CCOHS would obtain this type of information only if you supply it to us, for example, by sending us an email, by filling in a contact form or registering in a secure portion of the site. The information that is received and stored is safeguarded to prevent unauthorized disclosure.

In cases where services are provided by organizations outside of CCOHS, such as social media platforms or mobile applications, IP addresses may be recorded by the Web server of the third-party service provider.

Communicating with CCOHS

If you choose to send CCOHS an email or complete a feedback form online, your personal information is used by CCOHS in order to respond to your inquiry. CCOHS does not use the information to create individual profiles nor does it disclose the information to anyone other than to those CCOHS employees who need to provide you with a response. Any disclosure of your personal information is in accordance with the Privacy Act.

Emails and other electronic methods used to communicate with CCOHS are not secure unless it is specifically stated on a Web page. Therefore, it is recommended that you do not send sensitive personal information, such as your Social Insurance Number or your date of birth, through non-secure electronic means.

Personal information from emails or completed feedback forms is collected pursuant to the Canadian Centre for Occupational Health and Safety Act. Such information may be used for statistical, evaluation and reporting purposes and is included in Personal Information Bank Inquiries database/OHS PPU 041

Third-Party Social Media

CCOHS's use of social media serves as an extension of its presence on the Web. Social media account(s) are public and are not hosted on CCOHS servers. Users who choose to interact with us via social media should read the terms of service and privacy policies of these third-party service providers and those of any applications you use to access them. CCOHS uses Facebook, Twitter, YouTube, LinkedIn, and Pinterest.

Personal information that you provide to CCOHS via your social media account(s) is not collected but interactions such as "likes" and "retweets" are recorded for statistical and reporting purposes. Comments posted that violate Canadian law will be deleted and disclosed to law enforcement authorities. Comments that violate our rules of engagement will also be deleted.

Improving your Experience on CCOHS Websites

Digital Markers (including cookies)

A digital marker is a resource created by the visitors' browser in order to remember certain pieces of information for the Web server to reference during the same or subsequent visit to the website. Examples of digital markers are "cookies" or HTML5 Web storage. Some examples of what digital markers do are as follows:

CCOHS uses sessional and persistent digital markers on some portions of its website. During your on-line visit, your browser exchanges data with CCOHS's Web server. The digital markers used do not allow CCOHS to identify individuals.

You may adjust your browser settings to reject digital markers, including cookies, if you so choose. However, it may affect your ability to interact with CCOHS's website.

Web Analytics

Web analytics is the collection, analysis, measurement, and reporting of data about Web traffic and visits for purposes of understanding and optimizing Web usage. Information in digital markers may be used for the purpose of web analytics to remember your online interactions with CCOHS's website.

CCOHS uses Google Analytics to improve its website. When your computer requests a CCOHS Web page, our institution collects the following types of information for Web analytics:

CCOHS uses Google Analytics and the information collected is disclosed to Google Inc., an external third party service provider. Your IP address is anonymized prior to being stored on the service provider's servers in order to help safeguard your privacy. The information collected is de-personalized by truncating your IP address. No personally identifying information is recorded or provided to Google.

Google Analytics uses "session" and "persistent" cookies; persistent cookies are stored on your computer and expire two years after your last visit to the website.

For further information, consult Google Analytics and its privacy policy.

You may opt out of being tracked by Google Analytics by disabling or refusing the cookies, by disabling JavaScript within your browser or by using the Google Analytics Opt-Out Browser Add-On. Disabling Google Analytics or JavaScript will still permit you to access comparable information or services from our website. To disable cookies or JavaScript, please refer to your vendor's browser instruction guide.

Protecting the Security of CCOHS Websites

CCOHS employs software programs to monitor network traffic to identify unauthorized attempts to upload or change information, or otherwise cause damage. This software receives and records the IP address of the computer that has contacted our website, the date and time of the visit and the pages visited. We make no attempt to link these addresses with the identity of individuals visiting our site unless an attempt to damage the site has been detected.

This information is collected pursuant to section 161 of the Financial Administration Act. The information may be shared with appropriate law enforcement authorities if suspected criminal activities are detected. Such information may be used for network security related statistical purposes, audit, evaluation, research, planning and reporting and is included in Security Incidents (PSU 939).

Inquiring about these Practices

Any questions, comments, concerns or complaints you may have regarding the administration of the Privacy Act and privacy policies regarding CCOHS's Web presence may be directed to our Access to Information and Privacy Coordinator privacy@ccohs.ca or CCOHS, 135 Hunter St E, Hamilton, ON Canada L8N 1M5, (905) 572-2981.

If you are not satisfied with CCOHS's response to your privacy concern, you may wish to contact the Office of the Privacy Commissioner by telephone at 1-800-282-1376.

Using Files Located on Non-Government of Canada Servers

To improve the functionality of our websites certain files (such as open source libraries, images, and scripts) may be delivered automatically to your browser via a trusted third-party server or Content Delivery Network. The delivery of these files is intended to provide a seamless user experience by speeding response times and avoiding the need for each visitor to download these files. Where applicable specific privacy statements covering these files are included in our Privacy Notice.

Providing Content in Our Official Languages

The Official Languages Act, the Official Languages (Communications with and Services to the Public) Regulations and Treasury Board policy requirements establish when CCOHS uses both English and French to provide services to or communicate with members of the public. When there is no obligation to provide these in both official languages, content may be available in one official language only. Information provided by entities not subject to the Official Languages Act is in the language(s) provided. Information provided in a language other than English or French is only for the convenience of our website visitors.

Linking to Non-Government of Canada Websites

Links to websites not under the control of the Government of Canada are provided solely for the convenience of our website visitors. CCOHS is not responsible for the accuracy, currency or reliability of the content. CCOHS does not offer any guarantee in that regard and is not responsible for the information found through these links, nor does it endorse the sites and their content.

Visitors should also be aware that information offered by non-Government of Canada sites to which this website links is not subject to the Privacy Act, the Official Languages Act and may not be accessible to persons with disabilities. The information offered may be available only in the language(s) used by the sites in question. With respect to privacy, visitors should research the privacy policies of these non-Government websites before providing personal information.

Ownership and Usage of Content Provided on This Site (Copyright)

Materials on this website were produced and/or compiled by CCOHS for the purpose of providing Canadians with access to information about occupational health and safety. Permission is granted to electronically copy and to print in hard copy for internal use only. No part of this information may be reproduced, modified, or redistributed in any form or by any means, for any purposes other than those noted above (including sales), without the prior written permission of CCOHS. To request copyright permission please complete and submit this copyright form http://www.ccohs.ca/copyright/copyright.html

Some of the content on this site may be subject to the copyright of another party. Where information has been produced or copyright is not held by CCOHS, the materials are protected under the Copyright Act, and international agreements. Details concerning copyright ownership are indicated on the relevant page(s).

Certain names, graphics, logos, icons, designs, words, titles or phrases on this Site are trade names, or trademarks owned by CCOHS or other entities, or licensed to them. Trademarks may be registered in Canada and in other countries as applicable. CCOHS’ trademarks are in most cases on this Site accompanied by an appropriate trademark symbol such as R, TM or similar symbol to denote CCOHS’ ownership. The display of trademarks on pages comprising this Site does not imply that a license of any kind has been granted to any third party. Any unauthorized downloading, re-transmission or other copying or modification of trademarks and/or the contents herein may be a violation of federal or common law, trademark and/or copyright laws.

Reproduction of Government Symbols

The official symbols of the Government of Canada, including the Canada Wordmark, the Arms of Canada, and the flag symbol may not be reproduced, whether for commercial or non-commercial purposes, without prior written authorization. Request for authorization from the Treasury Board Secretariat may be addressed to:

Federal Identity Program
Treasury Board of Canada Secretariat
300 Laurier Avenue West
Ottawa, Canada K1A 0R5
Email the Federal Identity Program

This agreement contains the terms and conditions applicable to the use of the Internet Website Product provided by the Canadian Centre for Occupational Health and Safety ("CCOHS"). Activating your assigned user account and password constitutes acceptance of these terms and conditions. You must keep the user account and password strictly confidential.

Definitions

In this agreement, capitalized terms have the meanings set out below:

"Authorized User" means a person (employee, contractor or student) who has been specifically authorized by the Subscriber to access the Internet Website Product and for which the Subscriber has purchased a License.

"Internet Website Product" means the CCOHS product or products for which the Subscriber has placed an order with CCOHS, and includes any installation disks, pamphlets, manuals and other material provided to the Subscriber.

"License Fee" means the fee to be paid to CCOHS by a Subscriber in return for the grant of a license by CCOHS to access the Internet Website Product.

"Loss" means any loss, damage or expense incurred by the Subscriber, Authorized User or any third parties arising from acts or omissions of the Subscriber under this agreement, the use of the Internet Website Product by the Subscriber and any Authorized User under this Agreement or reliance by the Subscriber and any Authorized User under this Agreement upon any information contained in the Internet Website Product, whether due to errors or omissions in the Internet Website Product or otherwise.

"Multi User License" means a License that permits a specified number of Users access to the Website Product.

"Multi User Subscriber" means a Subscriber who has purchased a Multi User License to allow a specified number of Authorized Users access to the Internet Website Product.

"Single User License" means a License that permits a single user to access the Website Product.

"Single User Subscriber" means a Subscriber who has purchased the single user license for access to the Internet Website Product by one Authorized User.

"Subscriber" means the individual, person or organization who ordered the Internet Website Product and has agreed to pay the license fee.

"Subscription Period" means the duration of the Single User or Multi User License during which a Single User Subscriber or Multi User Subscribers, as the case may be, may access the Website Product.

Rights Granted To The Subscriber

In exchange for paying the License Fee, CCOHS grants to the Subscriber a non-exclusive right and license for the duration of the Subscription Period to use the Internet Web Product subject to the terms and conditions of this agreement (the "License"). The Subscriber is entitled to the following:

To Conduct Searches. The Subscriber may conduct searches of the information contained in the Internet Website Product and make copies of the results of the searches for the Subscriber's own use. These rights may be exercised in the case of a Single User Subscriber by one Authorized User and in the case of a Multi User Subscriber, by the number of Authorized Users for which the Multi User Subscriber has paid a license fee.

To Updates (if any) and Support. The Subscriber is entitled to any updates to the Internet Website Product that CCOHS undertakes during the subscription period. By way of support, CCOHS will make a customer service representative available during CCOHS' business hours to answer questions from Users about the Internet Website Product.

Subscription Period

The Subscription Period, unless otherwise agreed between CCOHS and the Subscriber prior to issuance of CCOHS’ invoice to the Subscriber, shall be one (1) year from the date of the invoice delivered to the Subscriber by CCOHS in respect of the License Fee to be paid by the Subscriber.

Obligations of Subscribers

The Subscriber agrees:

To Pay the License Fee. The Subscriber shall pay for the Internet Website Product within 30 days of receipt.

To Maintain Integrity of Internet Website Product. The Subscriber shall limit access to the Internet Website Product to Authorized Users only and will ensure the Authorized Users do not copy, reverse engineer the Internet Website Product or otherwise tamper with or attempt to reveal the proprietary programming techniques or structure of the Internet Website Product. Information arising from use of this Internet Website Product may not be re-sold or utilized for any commercial purpose or posted on a web-site. The Subscriber agrees to treat his user account name and password with strict confidence and to refrain from communicating user account and password information to anyone other than Authorized Users.

RTECS® database Subscribers only: Subscribers agree to comply with all applicable United States federal, state and local laws and regulations in performing their duties with respect to the RTECS® database, including prevention of access from any country to which export or transmission is restricted by applicable US law or regulation.

To Indemnify and Save Harmless CCOHS and its Licensors. The Subscriber, its Authorized Users, officers, employees, agents and representatives (the "Subscriber Parties") shall at all times indemnify, defend and save harmless CCOHS and CCOHS’ officers, employees, agents, representatives and licensors from and against all losses, costs and expenses, claims, demands, suits and other proceedings for personal injury, death or property damage or loss arising out of or related to any act or omission of the Subscriber Parties, in the exercise of the rights granted herein.

Not to Assign. The Subscriber shall not sell, transfer or assign the Internet Website Product or the rights and obligations of the Subscriber or its Authorized Users under this agreement.

Disclaimer Warranties

THE WARRANTIES SET FORTH HEREIN ARE LIMITED WARRANTIES AND ARE THE ONLY WARRANTIES MADE BY CCOHS. CCOHS EXPRESSLY DISCLAIMS, AND SUBSCRIBER HEREBY EXPRESSLY WAIVES, ALL OTHER EXPRESS WARRANTIES AND ALL DUTIES, OBLIGATIONS AND WARRANTIES IMPLIED IN LAW, INCLUDING WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. CCOHS DOES NOT WARRANT AND SPECIFICALLY DISCLAIMS ANY REPRESENTATIONS THAT THE OPERATION OR USE OF THE INTERNET WEBSITE PRODUCT WILL BE UNINTERRUPTED OR ERROR-FREE. CCOHS’ LIMITED WARRANTY IS IN LIEU OF ALL LIABILITIES OR OBLIGATIONS OF CCOHS ARISING OUT OF OR IN CONNECTION WITH THE DELIVERY, USE OR PERFORMANCE OF THE INTERNET WEBSITE PRODUCT. THE PARTIES AGREE THAT THE INTERNET WEBSITE PRODUCT’S FAILURE TO PERFORM IN ACCORDANCE WITH ANY SPECIFICATIONS WHICH MAY HAVE BEEN COMMUNICATED TO SUBSCRIBER BY CCOHS SHALL NOT BE CONSIDERED A FAILURE OF THE ESSENTIAL PURPOSE OF THE REMEDIES CONTAINED HEREIN.

Disclaimer Regarding Actions or Omissions of Third Parties

CCOHS DOES NOT AND CANNOT CONTROL THE FLOW OF DATA TO OR FROM CCOHS’ INTERNET WEBSITE PRODUCT AND THE INTERNET. SUCH FLOW DEPENDS IN LARGE PART ON THE PERFORMANCE OF INTERNET SERVICES PROVIDED OR CONTROLLED BY THIRD PARTIES. AT TIMES, ACTION OR INACTIONS OF SUCH THIRD PARTIES CAN IMPAIR OR DISRUPT ACCESS BY SUBSCRIBER TO THE INTERNET WEBSITE PRODUCT. CCOHS CANNOT GUARANTEE THAT SUCH EVENTS WILL NOT OCCUR. ACCORDINGLY, CCOHS DISCLAIMS ANY AND ALL LIABILITY RESULTING FROM OR RELATED TO SUCH EVENTS.

Limitation of Liability

NEITHER CCOHS NOR SUBSCRIBER SHALL HAVE ANY LIABILITY WITH RESPECT TO THEIR RESPECTIVE OBLIGATIONS UNDER THIS AGREEMENT OR OTHERWISE FOR CONSEQUENTIAL, EXEMPLARY, SPECIAL, INDIRECT, INCIDENTAL OR PUNITIVE DAMAGES EVEN IF IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, EXCEPT TO THE EXTENT SUCH DAMAGES RESULT FROM (a) LOSS OR DAMAGE TO PROPERTY OR PERSON CAUSED BY A PARTY’S GROSS NEGLIGENCE OR WILLFULL CONDUCT OR (b) A PARTY’S INFRINGEMENT OF A THIRD PARTY’S INTELLECTUAL PROPERTY RIGHTS.

THIS LIMITATION OF LIABILITY EXCLUDES GROSS NEGLIGENCE ON THE PART OF BOTH THE SUBSCRIBER OR CCOHS AND INFRINGEMENT CLAIMS AGAINST SUBSCRIBER OR CCOHS. BOTH PARTY’S LIABILITY IN THE EVENT OF SUCH CLAIMS SHALL BE LIMITED TO THE AMOUNT CCOHS HAS INVOICED SUBSCRIBER OVER THE PREVIOUS TWELVE (12) MONTHS.

RIGHTS RESERVED BY CCOHS

CCOHS reserves the right:

To Limit its Liability. CCOHS' liability is limited as aforesaid.

To Modify this Agreement. CCOHS may modify any of the terms of the subscription or of the agreement upon 30 days' written notice to the Subscriber. However, the Subscriber may terminate its subscription if the modification is not acceptable by giving CCOHS 30 days' written notice.

To Modify the Internet Website Product. CCOHS may change the product, including without limitations, cease to make the Internet Website Product available. If CCOHS ceases to provide the Internet Website Product it will calculate a pro-rated refund based on the number of remaining months undelivered.

Early Termination for Convenience. Subscriber may, within the first thirty (30) days of the Subscription Period, terminate this Agreement and receive a partial refund of the License Fee, the amount of such refund to be determined by CCOHS. In this scenario, Subscriber shall immediately provide CCOHS with written notice of Subscriber’s decision to cease its subscription. The Subscriber shall have no right of early termination other than as provided in this paragraph, and any failure of the Subscriber to adhere to its obligations under this Agreement shall be a breach of this Agreement by Subscriber.

Early Termination for Breach. CCOHS may terminate this license agreement and delete the Authorized User account and password if the Subscriber or Authorized User breaches any term or condition of this agreement. Further, the parties agree that in the event of early termination by CCOHS for breach by Subscriber or Authorized User as aforesaid, and without limiting any other rights or remedies available to CCOHS under this agreement, at law or in equity:

(a) the Subscriber shall immediately pay to CCOHS as liquidated damages and not as a penalty, all amounts due or payable under this agreement including without limitation amounts which would have been payable by Subscriber over the remainder of the Subscription Period;

(b) the License Fee paid to CCOHS by the Subscriber for the Subscription Period shall be forfeited by the Subscriber and CCOHS shall retain the License Fee in its entirety as liquidated damages and not as a penalty.

The parties agree that this section entitled "Termination for Breach" shall survive termination of this agreement howsoever caused.

Reservation of Rights. All rights not expressly granted are reserved by CCOHS.

Other Provisions

The following provisions apply to this agreement:

Applicable Laws. The license agreement will be governed by the laws of the Province of Ontario and the applicable federal laws of Canada unless otherwise specifically indicated in this agreement.

Severability. If a term or condition of this agreement is found to be invalid or unenforceable, the remaining terms and conditions shall remain in full force and effect.

Survival. All obligations of the parties, which expressly or by their nature survive surrender, termination or expiration, shall continue in full force and effect subsequent to and notwithstanding such surrender, termination or expiration, until they are satisfied or by their nature expire, including without limitation, restoration, remediation and indemnification obligations.

Time Limitation of Claim. Any claim against CCOHS must be brought within one year after the cause of action arises.

Copyright. This software is owned by CCOHS or its licensors and is protected by applicable copyright legislation and international treaty provisions.

For further information on this document contact CCOHS Client Services at 1-800-668-4284 or 905-570-8094 or clientservices@ccohs.ca

CCOHS Business Safety Portal Terms of Use (the “Agreement”)

THIS AGREEMENT BETWEEN YOU AND THE CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND SAFETY (CCOHS) GOVERNS YOUR USE OF THE CCOHS BUSINESS SAFETY PORTAL (THE “SERVICE”). IT IS IMPORTANT THAT YOU READ AND UNDERSTAND THE FOLLOWING TERMS. BY CLICKING “AGREE,” YOU ARE AGREEING THAT THESE TERMS WILL APPLY IF YOU CHOOSE TO ACCESS OR USE THE SERVICE.

CCOHS is the provider of the Service, which permits you to store business-related content (which may include, but is not limited to, documents, photos, notes, links, and data), making it accessible on your compatible devices and computers, and sharing it with others, under the terms and conditions set forth in this Agreement.

PERMITTED USE

You agree to use the Service only for purposes permitted by this Agreement, and only to the extent permitted by any applicable law. If your use of the Service or other behavior intentionally or unintentionally threatens CCOHS’ ability to provide the Service or other systems, CCOHS shall be entitled to take all reasonable steps to protect the Service and its other operations, which may include suspension or termination of your access to the Service. Repeat violations of the limitations may result in termination of your Account.

You agree that you will not use the Service in any manner that would make CCOHS your or any third party’s business associate.

You agree that you will not reproduce, copy, duplicate, sell, resell, rent or trade the Service (or any part thereof) for any purpose.

FILE STORAGE

TO THE GREATEST EXTENT PERMISSIBLE BY APPLICABLE LAW, CCOHS DOES NOT GUARANTEE OR WARRANT THAT ANY CONTENT YOU MAY STORE OR ACCESS THROUGH THE SERVICE WILL NOT BE SUBJECT TO INADVERTENT DAMAGE, CORRUPTION, LOSS, OR REMOVAL IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT, AND CCOHS SHALL NOT BE RESPONSIBLE SHOULD SUCH DAMAGE, CORRUPTION, LOSS, OR REMOVAL OCCUR.

The Service is offered as a convenience only. It is your responsibility to maintain appropriate alternate backup of your information and data.

Your Account is allocated 5GB of storage capacity as described in the Service feature page(s). Exceeding any applicable or reasonable limitation of bandwidth, or storage capacity is prohibited.

FILE SHARING

When you use the Service, CCOHS stores any files you share until you delete them. You may give access to people to view these files via the Service. You can stop sharing files at any time. If you stop sharing, files will be removed from the Service on all associated accounts. However, any file copied to another device, folder or computer will not be deleted.

CONTENT

Your use of the Service is to be limited to the access and storing of data and files related to the creation and maintenance of your occupational health and safety program.

In this Agreement, “Content” means any information that may be generated or encountered through use of the Service, such as but not limited to, data files, graphics, photographs, images, sounds, videos, messages and any other like materials. You understand that all Content, whether publicly posted or privately transmitted on the Service is the sole responsibility of the person from whom such Content originated. This means that You, and not CCOHS, are solely responsible for any Content you upload, download, post, email, transmit, store or otherwise make available through your use of the Service.

You may not upload any personal information regarding another individual without their express permission.

CCOHS does not claim ownership of the materials and/or Content you submit or make available on the Service.

You acknowledge that CCOHS is not responsible or liable in any way for any Content provided by others and has no duty to screen such Content. However, CCOHS reserves the right at all times to determine whether Content is appropriate and in compliance with this Agreement, and may screen, move, refuse, modify and/or remove Content at any time, without prior notice and in its sole discretion, if such Content is found to be in violation of this Agreement or is otherwise objectionable.

You understand and agree that your use of the Service and any Content is solely at your own risk. You are responsible for backing up, to your own computer or other device, any important documents, images, data or other Content that you store or access via the Service.

Should you choose to password-protect any of your uploaded Content, CCOHS will be unable to assist you to recover such password, if forgotten, as it is not managed within the Service.

CCOHS shall use reasonable skill and due care in providing the Service, but CCOHS does not guarantee or warrant that any Content you may store or access through the Service will not be subject to inadvertent damage, corruption or loss.

CONDUCT

You agree that you will NOT use the Service to:

1. upload, download, post, email, transmit, store, share, import or otherwise make available any Content that is unlawful, harassing, threatening, harmful, tortious, defamatory, libelous, abusive, violent, obscene, vulgar, invasive of another’s privacy, hateful, racially or ethnically offensive, or otherwise objectionable;
2. stalk, harass, threaten or harm another;
3. engage in any activity that exploits, harms or threatens children in any way, including without limitation producing, sharing, uploading or storing Child Sexual Abuse Material (CSAM), Child Sexual Exploitation Material (CSEM) or any other content harmful to children;
4. request personal or other information from a minor (any person under the age of 18 or such other age as local law defines as a minor) who is not personally known to you, including but not limited to any of the following: full name or last name, home address, zip/postal code, telephone number, picture, or the names of the minor’s school, church, athletic team or friends;
5. impersonate or misrepresent yourself as another person, entity, user, a CCOHS employee, or a civic or government leader, or otherwise misrepresent your affiliation with a person or entity;
6. engage in any copyright infringement or other intellectual property infringement (including uploading any content to which you do not have the right to upload), or disclose any trade secret or confidential information in violation of a confidentiality, employment, or nondisclosure agreement;
7. post, send, transmit or otherwise make available any unsolicited or unauthorized email messages, advertising, promotional materials, junk mail, spam, or chain letters, including, without limitation, bulk commercial advertising and informational announcements;
8. forge any TCP-IP packet header or any part of the header information in an email or a news group posting, or otherwise putting information in a header designed to mislead recipients as to the origin of any Content transmitted through the Service (“spoofing”);
9. upload, post, email, transmit, store or otherwise make available any material that contains viruses or any other computer code, files or programs designed to harm, interfere or limit the normal operation of the Service (or any part thereof), or any other computer software or hardware;
10. interfere with or disrupt the Service (including accessing the Service through any automated means, like scripts or web crawlers), or any servers or networks connected to the Service, or any policies, requirements or regulations of networks connected to the Service (including any unauthorized access to, use or monitoring of data or traffic thereon);
11. plan or engage in any illegal activity; and/or
12. gather and store personal information on any other users of the Service to be used in connection with any of the foregoing prohibited activities.

For further clarity, storage and sharing of any illegal materials, including but not limited to pornography, hate content, etc. Is strictly prohibited and will result in automatic suspension of your account and if warranted, reporting to appropriate authorities for further investigation.

LINKS AND THIRD-PARTY INFORMATION

Certain Content, components or features of the Service may include materials from third parties and/or hyperlinks to other web sites, resources or Content. Because CCOHS has no control over such third-party sites and/or materials, you acknowledge and agree that CCOHS is not responsible for the availability of such sites or resources, does not endorse or warrant the accuracy of any such sites or resources, and shall in no way be liable or responsible for any Content, advertising, products or materials on or available from such sites or resources. You further acknowledge and agree that CCOHS shall not be responsible or liable in any way for any damages you incur or allege to have incurred, either directly or indirectly, as a result of your use and/or reliance upon any such Content, advertising, products or materials on or available from such sites or resources.

ACCESS TO INFORMATION

CCOHS reserves the right to take steps CCOHS believes are reasonably necessary or appropriate to enforce and/or verify compliance with any part of this Agreement. You acknowledge and agree that CCOHS may, without liability to you, access, use, preserve and/or disclose your Account information and any Content to law enforcement authorities, government officials, and/or a third party, if legally required to do so or if CCOHS has a good faith belief that such access, use, disclosure, or preservation is reasonably necessary to: (a) comply with legal process or request; (b) enforce this Agreement, including investigation of any potential violation thereof; (c) detect, prevent or otherwise address security, fraud or technical issues; or (d) protect the rights, property or safety of CCOHS, its users, a third party, or the public as required or permitted by law.

You understand that CCOHS, as federal departmental corporation, is subject to the federal Access to Information Act and Privacy Act, as amended from time to time.

PRIVACY STATEMENT

Your use of the Service is subject to the statement herein and the Privacy notice posted at CCOHS.ca

CCOHS is committed to respecting the privacy of individuals – whether you are clients who are purchasing a product or service or users of our website. All personal information created, held or collected by CCOHS is protected by the Privacy Act.

Any personal information collected by CCOHS within the Service will be used for account verification, security, finance, or client service purposes only and will not be disclosed to any third party.

Any personal information you choose to submit via the Service will not be distributed outside the service nor disclosed to any third party.

When uploading content that contains personal information regarding other individuals, You must first obtain their express permission to disclose and store that information.

CCOHS is fully committed to protecting the confidentiality of the personal information provided by our clients who purchase products or services. This information is used only to support our relationship with you as a client of CCOHS.

We will use your personal information for the following purpose(s):

• The information is being collected to facilitate and provide access to the service.
• Information may be used by our client services team to provide technical or other support.
• You may be redirected to a secure and trusted third party web site to process payment of applicable fees. Your name and payment information will be collected by that service in order to process your payment but will not be shared with CCOHS.
• Failure to provide personal information will result in the inability access the service.

Your personal information is protected under the federal Privacy Act, which states that you have the right to access your personal information and request changes to incorrect information. If you wish to avail yourself of this right or require clarification about this Statement, contact our Access to Information and Privacy Coordinator by email at atip_aiprp@ccohs.ca or by writing to 135 Hunter St E, Hamilton, ON L8N 1M5.

For more information on privacy issues and the Privacy Act in general, consult the Office of the Privacy Commissioner (OPC) Web site or call 1-800-282-1376. You also have the right to file a complaint with the Office of the OPC at any time regarding any federal government institution’s handling of your personal information. For more information about submitting a complaint with the OPC, please refer to their website.

While using the Service or visiting ccohs.ca, you may be directed to websites or social media platforms controlled by third parties. When visiting third party websites or social media platforms, personal information will be subject to the terms, conditions, and privacy policies of the applicable third-party. In these cases, we encourage you to read the specific privacy notices or statements that describe their specific terms, conditions, and policies. CCOHS has not reviewed these third party websites or social media platforms and does not control their content, including their privacy notices as may be applicable. CCOHS does not endorse nor make any representations about any third-party websites or social media platforms, or any information, products, or materials that may be found there. If you decide to access any third-party sites that may be linked from CCOHS.ca or the Service, you do so at your own risk.

Like most interactive websites, CCOHS.ca may use cookies to enable us to track visits to CCOHS.ca. Cookies may also be used to improve user experience by remembering preferences and settings. You can manage your cookie settings within your browser. If you change your browser settings and refuse cookies, no information will be collected, but you may limit the functionality of this website and other third-party websites.

Changes to the Privacy Statement

The Service and CCOHS.ca are updated frequently. As a result, at times it may be necessary for CCOHS to update Privacy Statements. CCOHS reserves the right to update its Privacy Statements at any time without prior notice, and all changes will be effective immediately upon such changes being posted to the Service or CCOHS.ca. We encourage you to periodically review the Privacy Statement(s) to monitor any changes. Your continued use of CCOHS.ca and or the Service following any revisions to a Privacy Statement shall indicate your agreement to the terms of any revisions made to the Privacy Statement.

SUBSCRIPTION TERM AND TERMINATION

A. Subscription Term

Your subscription term is a period of one year, beginning on the date of purchase. Your subscription will renew annually upon the anniversary date, provided that payment has been received. If payment has not been received, the subscription will automatically terminate.

B. Voluntary termination by you

You may stop using the Service at any time. To terminate this Agreement and your use of the Service send a request via the “Contact Us” form on www.CCOHS.ca. If you terminate this Agreement, you will immediately no longer have access to the Service. Your termination of this Agreement will not relieve you of any obligation to make payment of any fees or charges owed to CCOHS as of the date of termination.

C. Termination by CCOHS

CCOHS may at any time and without prior notice to you, immediately terminate this Agreement and your access to the Services under any of the following circumstances:

1. If you violate any terms of this Agreement or the CCOHS Standard Terms and Conditions;
2. Upon request from any government agency, court, or law enforcement agency;
3. In the event of any unexpected technical issues, security issues, or other problems;
4. If you participate in any fraudulent or illegal activities; or
5. If you fail to pay any fees payable to CCOHS in relation to your use of the Service.

D. Effect of Termination

Upon termination of this Agreement, you will lose all access to the Service and all files, information, data. CCOHS will store your saved files for a period of thirty (30) days (“Retention Period”) after subscription termination or expiry. You may request your files by submitting a request via the “Contact Us” form on www.CCOHS.ca. After the Retention Period, your files will be destroyed.

PAYMENTS AND REFUNDS

Subscription fees are to be paid in full at the beginning of the Subscription Term via credit card or another approved method of payment. Payment terms may be provided upon approval of a credit application. To obtain credit terms, contact CCOHS Client Services via the Contact Us form on CCOHS.ca.

All subscription fees are due in full at the beginning of a Subscription Term and are nonrefundable.

REVISIONS

CCOHS may at any time revise the terms of use contained in this Agreement or impose new terms from time to time. Such changes, modifications, additions, or deletions shall be effective immediately upon notice thereof, which may be given by any means including, but not limited to, posting on www.CCOHS.ca, via the Service, by electronic or conventional mail, or by any other means by which you obtain notice thereof. Any use of the Service by you after such notice shall mean that you accept such changes, modifications, additions, or deletions. If you do not agree with any changes or revisions to the terms of this Agreement, you may not use the Service and are to discontinue use of the Service immediately.

GOVERNING LAW

This Agreement will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. All disputes arising out of or in connection with this Agreement shall be submitted to the jurisdiction of the courts of the Province of Ontario which shall have exclusive jurisdiction over any such dispute. Each of the parties irrevocably attorns to the jurisdiction of the Province of Ontario.

DISCLAIMER

SUBJECT TO APPLICABLE LAW, CCOHS EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES, CONDITIONS AND COVENANTS, EITHER EXPRESS OR IMPLIED (INCLUDING WITHOUT LIMITATION, ANY EXPRESS OR IMPLIED WARRANTIES OR CONDITIONS OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, SATISFACTORY QUALITY, DURABILITY, ACCURACY OR NON-INFRINGEMENT) ARISING OUT OF, OR RELATED TO, THE SERVICE. FURTHERMORE, CCOHS DOES NOT WARRANT THAT THE SERVICE WILL BE TIMELY, UNINTERRUPTED OR ERROR FREE OR THAT THE SERVICE WILL MEET YOUR REQUIREMENTS. YOU EXPRESSLY UNDERSTAND AND AGREE THAT THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS.

CCOHS does not represent or guarantee that the Service will be free from any loss, corruption, attack, viruses, interference, hacking, or other security intrusion, and CCOHS disclaims any liability related thereto.

You shall be solely responsible for daily back-up and other protection of your data against loss, damage or corruption. You are solely responsible for reconstructing any data that may be lost, damaged or corrupted during the performance of the Service. CCOHS IS HEREBY RELEASED AND SHALL CONTINUE TO BE RELEASED FROM ALL LIABILITY IN CONNECTION WITH THE LOSS, DAMAGE OR CORRUPTION OF DATA, AND YOU ASSUME ALL RISK OF LOSS, DAMAGE OR CORRUPTION OF DATA IN ANY WAY RELATED TO OR RESULTING FROM THE SERVICE.

ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS ACCESSED AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR DEVICE, COMPUTER, OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.

YOU FURTHER ACKNOWLEDGE THAT THE SERVICE IS NOT INTENDED OR SUITABLE FOR USE IN SITUATIONS OR HIGH-RISK ENVIRONMENTS WHERE THE FAILURE OR TIME DELAYS OF, OR ERRORS OR INACCURACIES IN, THE CONTENT, DATA OR INFORMATION PROVIDED BY THE SERVICE COULD LEAD TO DEATH, PERSONAL INJURY, OR SEVERE PHYSICAL OR ENVIRONMENTAL DAMAGE. You agree to indemnify, defend and hold CCOHS and its and their directors, officers, employees and agents harmless from any loss (of any kind), cost, damage or expense (including, but not limited to, attorneys’ fees and expenses) arising from any such use of the Service.

LIMITATION OF LIABILITY

UNDER NO CIRCUMSTANCES WILL CCOHS, ITS AFFILIATES OR ITS EMPLOYEES, DIRECTORS, OFFICERS, SUPPLIERS, SUBCONTRACTORS OR AGENTS BE LIABLE FOR: ANY LOSS OF PROFITS, LOSS OF SALES OR TURNOVER, LOSS OR DAMAGE TO REPUTATION, BUSINESS, REVENUES OR SAVINGS, LOSS, DAMAGE OR CORRUPTION OF DATA OR SOFTWARE, OR ANY INCIDENTAL, INDIRECT, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES, EVEN IF CCOHS HAS BEEN ADVISED OF THE POSSIBILITIES OF SUCH DAMAGES OR IF SUCH DAMAGES ARE OTHERWISE FORESEEABLE, IN EACH CASE, AND WHETHER A CLAIM FOR ANY SUCH LIABILITY IS PREMISED UPON BREACH OF CONTRACT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY OF LIABILITY, RESULTING FROM:

1. YOUR USE OR INABILITY TO USE THE SERVICE;
2. ANY CHANGES, TEMPORARY DISRUPTIONS, OR PERMANENT CESSASSION OF THE SERVICE;
3. THE UNAUTHORIZED ACCESS TO OR TRANSMISSION OF YOUR DATA;
4. THE DELETION, CORRUPTION, OR FAILURE TO STORE OR RECEIVE YOUR TRANSMISSIONS OF DATA USING THE SERVICE; OR
5. ANY OTHER MATTERS RELATING TO THE SERVICE.

THE ENTIRE LIABILITY CCOHS AND ITS AFFILIATES FOR DAMAGES FROM ANY CAUSE WHATSOEVER WILL NOT EXCEED THE LESSER OF: (A) THE AMOUNT PAID OR PAYABLE BY YOU FOR THE SERVICE; OR (B) $100,000.

INDEMNIFICATION

You shall defend and indemnify CCOHS for, from, and against any losses, damages, penalties, costs, and expenses, including, without limitation, legal fees and disbursements incurred by CCOHS in connection with any claims or actions by any third parties arising out of or resulting from (i) your data or Content passing through or being stored on the Service, (ii) your use of the Service; (iii) unauthorized or misuse of Service by you, your employees or agents (excluding any claims that the Service, as provided by CCOHS, infringes any third-party intellectual property rights), (iv) your failure to comply with applicable law, (v) your failure to comply with this Agreement; and (vi) your failure to comply with CCOHS Standard Terms and Conditions. This obligation shall survive the termination or expiration of this Agreement and/or your use of the Service.

CCOHS STANDARD TERMS AND CONDITIONS

By using the Service you are deemed to have read, understood, and agreed to:

(i) This Agreement, as well as all other terms, policies, guidelines, agreements, and/or addendums referenced therein; and

(ii) The full CCOHS Terms and Conditions, Disclaimers, Copyright and Privacy statements located at (https://www.ccohs.ca/ccohs/important.html) as well as all other terms, policies, guidelines, agreements, and/or addendums referenced therein.

For the purposes of interpreting this Agreement, the CCOHS Terms and Conditions are incorporated by reference and form part of this Agreement. In the event of conflict between the terms of this Agreement and the CCOHS Standard Terms and Conditions, this Agreement shall prevail.

RELATIONSHIP

Nothing in this Agreement or the course of dealing between you and CCOHS may be construed to constitute the parties hereto as partners, joint venturers, or agents for one another or as authorizing either party to obligation the other in any manner.

MISCELLANEOUS

If any part of this Agreement is, for any reason, found to be invalid, illegal, or unenforceable, all other parts of this Agreement will remain in effect. Neither you nor CCOHS may assign its duties or rights under this Agreement, whether by operation of law or otherwise, except with the other party's prior written consent; provided that CCOHS will have the right to assign this Agreement to an affiliate or corporate successor at any time without notice to you. A delay or failure to exercise or partially exercise any right under this Agreement does not operate as a waiver, nor will it preclude future exercise of that right or permit, or sanction any subsequent breach of any term or condition. All sums of money which are referred to in this Agreement are expressed in the lawful money of Canada.

ENTIRE AGREEMENT

This Agreement constitutes the entire agreement between the parties with respect to your use of the Service, and supersedes and replaces all previous communications, representations, understandings, or agreements, whether oral or written.

Although every effort is made to ensure the accuracy, currency and completeness of the information, CCOHS does not guarantee, warrant, represent or undertake that the information provided is correct, accurate or current. CCOHS is not liable for any loss, claim, or demand arising directly or indirectly from any use or reliance upon the information.