Last updated: August 28, 2018
IMPORTANT! YOUR ACCESS TO THIS SITE IS SUBJECT TO LEGALLY BINDING TERMS AND CONDITIONS. CAREFULLY READ ALL OF THE FOLLOWING TERMS AND CONDITIONS BEFORE PROCEEDING. ACCESSING THIS WEBSITE BY CLICKING BOTH THE “I AGREE” AND “SUBMIT” BUTTONS, BELOW, IS THE EQUIVALENT OF YOUR SIGNATURE AND INDICATES YOUR ACCEPTANCE OF THESE TERMS AND CONDITIONS AND THAT YOU INTEND TO BE LEGALLY BOUND BY THEM. IF YOU DO NOT AGREE WITH THESE TERMS AND CONDITIONS, PLEASE CLICK ON THE “EXIT” BUTTON BELOW.
This website and all ICTC online tools and programs (this “Site”) is provided by the Information and Communications Technology Council (ICTC) of Canada Inc. (“ICTC”), conditional on your acceptance of the terms and conditions of use set forth below (the “Terms and Conditions”) and this is an agreement (the “Agreement”) between you and ICTC. “We” and “Us” means both you and ICTC. By accessing, using or downloading messages, information, data, text, software, images or other materials from this Site (the “Content”), or by sending messages, information, data, text, software, images or other materials to this Site (“Materials”), you agree on your own behalf and on behalf of any entity on whose behalf you may act to accept and abide by these Terms and Conditions for each use and each visit of this Site. If you do not agree to abide by these Terms and Conditions, you should not use this Site or download or upload or use Content from it. These Terms and Conditions apply exclusively to your access to and use of this Site and do not alter the terms or conditions of any other agreement you may have with ICTC. In case of inconsistency between these Terms and Conditions and any other agreement you may have with ICTC, the other agreement shall prevail, but only to the extent of the inconsistency.
You hereby consent to the exchange of information and documents between Us electronically over the Internet or by online form or by e-mail, if to you, to the email address you provided with your user account, or if to ICTC to [email protected] or [email protected] or such other ICTC email address with which ICTC chooses to communicate with you. This electronic Agreement shall be the equivalent of a written paper agreement between Us. Further, you hereby consent to the exchange of information and documents between Us by telephone, facsimile, regular mail or any other similar means of communication for which you have provided Us with your contact information.
1. Changes to Terms and Conditions
ICTC has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of these Terms and Conditions in whole or in part, at any time. Changes will be effective when notice of such change is posted at this Site. Please check these Terms and Conditions frequently for updates by checking the date of “Last Update” at the top of this document. If any change is not acceptable to you, you must discontinue your use of this Site immediately. Your continued use of this Site or downloading or use of Content from it after any such changes are posted will constitute acceptance of those changes.
2. Changes to this Site
ICTC may terminate, change, suspend or discontinue any aspect of this Site, including (i) changing the availability of any features at any time without notice or liability; (ii) changing any fees or charges for use of the Site, including instituting new or increased fees or charges for the use of the Site or any other Site-related services (the “Services”) or any features thereof; (iii) removing, adding, modifying or otherwise changing any Content on or from this Site; or (iv) imposing limits on certain features and Services or restricting your access to parts or all of this Site without notice or liability for any reason whatsoever. ICTC reserves the right but not the duty, in its sole discretion, to correct any errors or omissions in any portion of this Site at any time without notice.
3. Permitted and Prohibited Uses
The Site may be used only for lawful purposes by individuals seeking information about or participating in ICTC youth and education programs, ICT education and digital skills development for youth. You agree to use the Site only to send Materials and receive Content that are proper and related to the purpose of the Site.
Subject to these Terms and Conditions, ICTC grants you a non-exclusive, non-transferable, limited right to access, use and view this Site and the Content thereon, solely for your own personal or professional educational use, provided, however, that you may not, nor may you allow others to, directly or indirectly: (i) remove, from any copy of the Content downloaded, the copyright or other proprietary notices contained in the Content; (ii) sell, reproduce, modify or attempt to modify the Content in any way or reproduce or publicly display, perform, or distribute or otherwise use them for any public or commercial purpose, including without limitation use of the Content on any other website; (iii) transfer the Content to any other person without the written consent of ICTC; (iv) print or copy any of the HTML or other computer programs that are accessible at this Site; (v) use this Site in any manner that could damage, disable, overburden or impair this Site; (vi) interfere with the security of, or otherwise abuse, this Site or any services, system resources, accounts, servers or networks connected to or accessible through this Site or affiliated or linked sites; (vii) disrupt or interfere with any other person’s use or enjoyment of this Site or affiliated or linked sites; (viii) upload, post or otherwise transmit on this Site any Materials that would negatively affect the functioning of the Site, including without limitation computer viruses, Trojan horses, worms or other harmful, disruptive or destructive files or computer programs or that imposes an unreasonable or disproportionately large load on this Site’s infrastructure; (ix) use any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from this Site or the Content in whole or in part; (x) use or attempt to use another’s account, password, service, system or other information without prior written authorization from ICTC; (xi) create or use a false identity on this Site; (xii) attempt to obtain unauthorized access to this Site or portions of this Site that are restricted from general access; (xiii) transmit on, to or from this Site spam, chain letters, junk mail or any other type of unsolicited mass e-mail; (xiv) harvest or otherwise collect information about others, except for the sole stated purposes provided by this Site, including e-mail addresses, without their consent; or (xv) register an e-mail address that you do not own or for which you do not have the express permission of the owner to register.
You may post certain Materials to the Site. You may only post Materials including but not limited to educational resources and success stories for the lawful, stated purposes of this Site. You agree, that in posting Materials, you will not, nor will you allow others to, directly or indirectly: (i) post any incomplete, false or inaccurate biographical information; (ii) delete or revise any material posted by any other person or entity; (iii) post or transmit any Materials that are unlawful, harmful, threatening, abusive, harassing, defamatory, libellous, vulgar, obscene, or tortuous or materials which infringe or violate any third party’s copyright, trademark, trade secrets, privacy or other proprietary or property right or that could constitute a criminal offence, give rise to civil liability or otherwise violate any applicable law; (iv) impersonate any person or entity, including without limitation a ICTC employee or agent, an authorized user of ICTC’ Services, an educator or an educational institution or student or parent of a student, or otherwise misrepresenting your affiliation with any person or entity; (v) post opinions, notices or advertisements, commercial or otherwise or solicit business from Employers who post on the Site.
In addition, you agree that you are solely responsible for actions and communications undertaken or transmitted in the course of your usage of this Site, and that you will comply with all laws that apply or may apply to your use of or activities on this Site or in respect of the Materials and Content. ICTC will investigate occurrences which may involve such violations and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.
ICTC reserves the right at all times to disclose any Materials provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Materials, in whole or in part, that in ICTC’ sole discretion is objectionable or in violation of these Terms and Conditions.
4. Registration and Password
You are responsible for maintaining the confidentiality of your registration information and password for the password-protected areas of the Site. You shall be responsible for all uses of your registration, whether or not authorized by you. You agree to immediately notify ICTC of any unauthorized use of your registration or password.
5. Proprietary Rights
Limited License and Copyright. This Site, including all Content, is protected by Canadian and worldwide copyright laws and treaty provisions. You agree to comply with all copyright laws worldwide in your use of this Site and to prevent any unauthorized copying of the Content. Except as expressly provided herein, ICTC does not grant any express or implied right or license to you under any intellectual property right, including under any patent, trademark, copyright, trade secret, or confidential information, of ICTC.
Trademarks. The Service names, company names and logos used on this Site may be trademarks, including registered trademarks of ICTC. Such Service names, company names and logos of ICTC may not be copied, imitated or used, in whole or in part, without the prior written consent of ICTC. Other services and company names mentioned on this Site may be the trademarks of their respective owners.
Reservation of Rights. ICTC’ Services, methods and processes may be covered by one or more patents or other intellectual property rights, and are subject to trade secret and other proprietary rights. ICTC reserves all such rights.
Software. Any software, as well any files or images generated by such software, code and data accompanying such software (the “Software”), used or accessible through this Site is the copyrighted work of ICTC or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated on this Site. Except as permitted by law, you may not use the Software for any other purpose or attempt to decipher, decompile, disassemble or reverse engineer any of the Software comprising or in any way making up a part of the Site.
6. Links and Third Party Materials
Certain links on this Site may take you to other websites. ICTC provides these links only as a convenience. These linked sites are not necessarily under the control of ICTC. If you use these sites, you will leave this Site. If you decide to visit any linked site, you do so at your own risk and it is your responsibility to take all protective measures to guard against viruses and other destructive elements.
ICTC is not responsible for the contents of any such linked page or any other page not under its control. ICTC makes no representation or warranty regarding, and does not endorse, any linked websites, the information appearing thereon or any of the products or services described. Links do not imply that ICTC sponsors, endorses, is affiliated or associated with, or is legally authorized to use any trademark, trade name, logo or copyright symbol displayed in or accessible through the links, or that any linked site is authorized to use any trademark, trade name, logo or copyright symbol of ICTC.
You acknowledge that any use of or reliance on this Site or any Content shall be at your sole risk. ICTC makes no representation or warranty of any kind regarding the Site and/or the Content, all of which are provided on an “AS IS” basis. ICTC EXPRESSLY DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS, INCLUDING WITHOUT LIMITATION ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE AND THOSE ARISING BY STATUTE OR OTHERWISE IN LAW OR FROM A COURSE OF DEALING OR USAGE OF TRADE. ICTC DOES NOT WARRANT THAT THIS SITE WILL CONTINUE TO OPERATE, OPERATE WITHOUT INTERRUPTIONS OR THAT IT WILL BE ERROR-FREE.
Without limiting the generality of the foregoing, the information provided on this Site is for general informational purposes only. Information provided on the Site with a by-line, identification of publication source, or any other sort of third-party identifier is provided by third parties on an “As Is” basis, and ICTC does not review it. ICTC and its third party consultants do not warrant or guarantee the truth, accuracy or completeness of this information.
This Site acts as a venue, among other things, for Educators participating in our youth and education programs, middle school and secondary school students, parents of students, and industry partners.
Because user authentication on the Internet is difficult, ICTC cannot and does not confirm that each user is who they claim to be. Because we do not and cannot be involved in user-to-user dealings or control the behaviour of participants on this Site, in the event that you have a dispute with one or more users, you release ICTC (and its directors, officers, employees, agents and advisors) from all claims, demands and damages of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes.
ICTC is under no legal obligation to control the Materials provided by other users which is made available through the Site. By its very nature, other people’s information may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled. ICTC does not guarantee, and makes no representations or warranties as to the truthfulness, accuracy, reliability, currency, veracity or completeness of the Content or about the results to be obtained using the Content. The use of the Site and the Content is at your own risk. Changes are periodically made to the Site and may be made at any time.
This Site may contain resources, materials, data and information which is provided, posted or offered by third parties, including third party provided content, advertisements and user content. You agree that ICTC shall have no liability whatsoever for any such third party material, data or information.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any content, information, resource or other Materials placed by you, as applicable on the Site.
ICTC shall not be responsible for any outcomes, expectations or lack thereof, for whatever reason, by any entity as a result of participating in the youth and education programs on the Site.
9. Limitation of Liability
YOU AGREE THAT ICTC AND ANY THIRD PARTY MENTIONED ON THIS SITE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING WITHOUT LIMITATION INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES OR OTHER DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR HARM TO BUSINESS, LOSS OF INFORMATION OR PROGRAMS OR DATA, LOSS OF PROFIT, LOSS OF SAVINGS, LOSS OF REVENUE), ARISING FROM OR IN CONNECTION WITH THE USE OF OR ACCESS TO, OR THE INABILITY TO USE OR ACCESS, THIS SITE, THE MATERIALS, ANY CONTENT PROVIDED OR ANY LINKED WEBSITE OF A THIRD PARTY, EVEN IF ICTC, OR SUCH A THIRD PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGE OR LOSS. In any event, you agree that ICTC’ aggregate liability for damages shall be limited to $100.
The limitations of liability and disclaimers in these Terms and Conditions apply regardless of the form of action, whether in contract, warranty, civil liability, delict, quasi-delict, strict liability, negligence, or other tort and shall survive a fundamental breach or breaches, or the failure of the essential purpose of contract or the failure of an exclusive remedy.
You agree to defend, indemnify and hold harmless each of ICTC, its affiliates, and each of their officers, directors, employees and agents, including all third parties mentioned at the Site, from and against any and all claims, actions or demands, including without limitation reasonable legal and accounting fees, alleging or resulting from your use of the Site and the Content or your breach of these Terms and Conditions.
11. License to Use your Information
With the exception of personal information addressed below at Section 12 of these Terms and Conditions, you hereby grant to ICTC the perpetual, unlimited, royalty-free, world wide, non-exclusive, irrevocable, transferable license to run, display, copy, reproduce, publish, bundle, distribute, market, create derivative works of, adapt, translate, transmit, arrange, modify, sub-license, export, merge, transfer, loan, rent, lease, assign, share, outsource, host, make available to any person or otherwise use, any information, image, media or other content you provide on or through this website or which is sent to ICTC by e-mail or online form or any other forms of correspondence or communication, including without limitation, any ideas, concepts, inventions, know-how, techniques or any intellectual property contained therein, for any purpose whatsoever. ICTC shall not be subject to any obligations of confidentiality regarding any such information unless specifically agreed to by ICTC in writing or required by law. You represent and warrant that you have the right to grant the license set out above.
12. Personal Information
ICTC collects the personal information you provide in order to improve its services, measure the success of its programs, and provide account security.
Educator Hub User Registration
First name, last name and email addresses are collected by ICTC to ensure user account security. This information is stored securely and is not shared or made available to any external parties.
Additional information (professional title, gender, years in education, subjects, preference for follow up surveys, ability to track student success after graduation, name of school, province/territory, school type) provided by the user enables ICTC to measure the success of its programs and to improve its service. This information is stored securely and is not shared or made available to any external parties.
Educator Hub User Login
Passwords are not stored by ICTC, however they are required for user account security.
Educator Hub Request a Certificate Form
Student name(s) are collected by ICTC for the sole purpose of personalizing the FIT certificates to the individual student. This information is stored securely and only the team responsible for the FIT certificates has access to it. It is not shared or made available to any external parties.
Educator name, School, Address, City, Postal Code, and Province/ Territory are provided by the user when submitting the Request a Certificate form. ICTC uses this information track the success of its programs and improve service. This information is stored securely and is not shared or made available to any external parties.
Share a Resource Form
Educator name is provided by when submitting the Share a Resource form. ICTC uses this information to provide credit to the Educator for their work if the resource is approved and made available to other users on the Site.
Share Your Story Form
Name, School, Email address, Province and story content provided by the user is collected by ICTC and posted for viewing in the Digital Youth Success Stories section. This is done to build community and celebrate successes.
Name, email address and function are provided by the user when submitting the Email form. ICTC uses this information to address the user in the reply, forward the email internally to the correct staff member, and send a reply to the user. This information is stored securely and is not shared or made available to any external parties.
Provided that it is in a form that does not personally identify you, ICTC may use this information for statistical purposes or to improve its programs, tools or resources for you. ICTC retains your personal information for a reasonable length of time to carry out the purposes for which ICTC collects, uses and discloses your personal information. You hereby consent to such collection, storage, use and disclosure of your personal information by ICTC. You may access, correct and delete your own personal information stored by ICTC by sending a request via email to [email protected] or [email protected].
13. Choice of law
This Site is controlled, operated and administered by ICTC from its offices within Ottawa, Ontario, Canada. ICTC makes no representation or warranty that materials at this Site are appropriate or available for use at any locations outside Canada. If you access this Site from outside Canada, you are responsible for compliance with all local law. You may not export any of the Content accessible through this Site in violation of applicable export laws and regulations. These Terms and Conditions shall be interpreted, construed and governed by the laws in force in the Province of Ontario, without reference to its conflict of laws principles. Except in respect of any matter relating to the enforcement of intellectual property rights and protection of confidential information, the parties agree that any action, suit or proceeding arising out of or related to these Terms and Conditions shall be commenced in Ottawa, Ontario or, if no jurisdiction exists, in the Province of Ontario. Each party hereby agrees to submit to the jurisdiction of the courts of Ontario and to waive any objections based upon venue in any such action, suit or proceeding.
Any and all disputes arising out of these Terms and Conditions, its performance, breach, enforcement, existence or validity, including any failure of the parties to reach agreement with respect to matters provided for in these Terms and Conditions and all matters of dispute relating to the rights and obligations of the parties, which cannot be amicably resolved, even if only one of the parties declares that there is a difference, will be referred to and finally settled by private and confidential binding arbitration before a single arbitrator held in Ottawa, Ontario in English and governed by Ontario law pursuant to the Arbitration Act, 1991 (Ontario), as amended, replaced or re-enacted from time to time. The arbitrator shall be a person who is legally trained and who has experience in the information technology field in Canada and is independent of either party. Notwithstanding the foregoing, ICTC may pursue the protection intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
15. Termination and Survival
This Agreement is effective until it expires in accordance with its terms and conditions or is terminated by ICTC, with or without cause, in ICTC’s sole and unfettered discretion. ICTC may terminate this Agreement without notice to you if you fail to comply with any of its terms. Any such termination by ICTC shall be without prejudice to such rights and remedies as may be available to ICTC, including injunction and other equitable remedies.
Despite anything contained in these Terms and Conditions to the contrary, the disclaimers, limitations on liability, ownership provisions and indemnities will survive the expiration and the termination of this Agreement and will continue in full force and effect without limitation.
In the event that there are any discrepancies between the English version of these Terms and Conditions and any translation thereof, the English version of these Terms and Conditions shall govern. In the event that ICTC provides you with a translation of the English version of these Terms and Conditions, you hereby agree that the translation is provided for your convenience only.
© Information and Communications Technology Council (ICTC) of Canada Inc.