CCOHS CANManage Basic (the "Agreement")
THIS AGREEMENT BETWEEN YOU AND THE CANADIAN CENTRE FOR OCCUPATIONAL HEALTH AND SAFETY (CCOHS) GOVERNS YOUR USE OF THE CCOHS CANManage Basic service (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 upload safety data sheets (SDS), making them 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.
SERVICE OVERVIEW
CANManage is a safety data sheet (SDS) document storage solution. CANManage Basic is limited to the storage of SDS documents for up to fifty (50) products.
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.
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.
If 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):
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
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.
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.
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:
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:
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:
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.