- INTRODUCTION
Welcome to https://www.cicic.ca/ (the “Website”), provided by The Corporation of the Council of Ministers of Education, Canada (collectively, “CCMEC,” “we,” “us,” or “our”), an intergovernmental body duly incorporated pursuant to the laws of Ontario. The following terms of use (the “Terms of Use”) govern how visitors, clients, members, assessors, and other users (collectively, “users,” “you,” or “your”) may access and use the Platform (as defined below).
- DEFINITIONS
Definitions. The following capitalized terms have the meanings indicated:
- “Account” means a user account, which is unique to each Assessor, and which enables such Assessor to access and use CICIC’s Tool Box (“Tool Box”).
- “Applicable Law” means the laws of any jurisdiction that are applicable to these Terms of Use, to any of the parties hereto or to any activity of any of the parties hereto, as amended and in force from time to time, and the rules, regulations, orders, licenses, or permits issued thereunder, including any rules, regulations, orders, licenses, and permits.
- “Assessor” means a member of the pan-Canadian academic credential assessment community actively engaged in the assessment and recognition of international academic credentials in their day-to-day work and who is employed by one of the following organizations in Canada:
- an academic credential assessment service that is part of the Alliance of Credential Evaluation Services of Canada (ACESC);
- an admissions department at a recognized postsecondary educational institution;
- other organizations facilitating the admission process on behalf of institutions;
- a professional regulatory authority or association of a regulated profession (for professional licensure);
- an apprenticeship office (for professional certification).
- “CICIC” means the Canadian Information Centre for International Credentials, a service offered via CCMEC. CICIC is Canada’s National Information Centre, the existence and operation of which fulfills Canada’s obligations under UNESCO conventions to facilitate the mobility of talent.
- “Confidential Information” means any and all confidential data or information obtained by one party from the other party to these Terms of Use, including technical, financial, business, manufacturing, marketing and sales information, and all methods, techniques, formulations, operations, know-how, experience, skill, trade secrets, computer programs and systems, secret processes, practices, ideas, inventions, designs, devices, plans, and drawings. Confidential Information of CCMEC shall include all Content related to CICIC’s Tool Box.
- “Content” means any text, pictures, media, data, information, content, records, files, or other materials.
- “CCMEC” means The Corporation of the Council of Ministers of Education, Canada, an intergovernmental body duly incorporated pursuant to the laws of Ontario.
- “Competent Authorities” means provincial/territorial authorities responsible for the governance of education systems in Canada as well organizations outside Canada with comparable responsibility for their respective education systems, in accordance with applicable laws, regulations, policies, or practices.
- “Intellectual Property Rights” means copyrights, patents, patent disclosures and inventions (whether patentable or not), trademarks, trade secrets, know-how, and other confidential information, trade dress, trade names, logos, corporate names, and domain names, together with all of the goodwill and derivative works associated therewith.
- “Platform” means, collectively, the Website, Content, Portals, and Services.
- “Tool Box” means the secure portal on the Website used by CCMEC and Assessors in connection with CICIC. It allows users to add or update basic information about their organization, including details for a designated contact person. For registered members of the pan-Canadian community of academic credential Assessors, it also offers various tools to support the assessment and recognition process (e.g., Directory of Comparability Assessment Outcomes, Terminology Guide for Academic Credential Assessment in Canada, a list of community members, webinars), as well as a discussion platform (i.e., EVALUATION listserv) for exchanges among/between experts in the field.
- “Services” has the meaning given in Section 4 (Services) of these Terms of Use.
- “User Data” means all information, records, data, documents, or other materials that you provide to us or that you upload to the Platform, whether using the CICIC’s Tool Box or otherwise, in connection with these Terms of Use or the Services.
- BINDING LEGAL AGREEMENT
Terms binding. These Terms of Use are a binding legal agreement between you and CCMEC. You must agree to be bound by these Terms of Use to access and use the Platform. You may be prompted to review these Terms of Use and you may indicate your agreement to be bound by the same in connection with your creation of an Account. Notwithstanding the foregoing, by accessing or using the Platform, you hereby agree to be bound by these Terms of Use. These Terms of Use may be amended pursuant to Section 7 (Changes to These Terms of Use or the Platform).
Representations and warranties. By accessing or using the Platform in any way, you represent and warrant that: (i) you have reached the age of majority in your jurisdiction; (ii) you have the capacity to enter into binding legal obligations; and (iii) all information supplied by you to us through the Platform is true, accurate, current, and complete.
- SERVICES
Services. We provide Content, resources, and Services to users of the Website (collectively, “Services”). Certain Services are accessible only to users who have created an Account.
Overview of CICIC’s Information and Referral Services. CICIC is a Service offered by CCMEC on behalf of Competent Authorities in Canada. CICIC Services are offered to users subject to the terms and conditions set out in these Terms of Use and in accordance with the following process:
- You must request or engage with the Services by requesting Information and Referral Services through various communication channels (e.g., submitting an inquiry through the Website’s “Contact us” form; sending an email to a CICIC/CCMEC-affiliated staff member; using any of the following additional communication methods: social media platforms, CICIC’s Tool Box, the automated telephone system at (+1) 416-962-9725, the self-serve online Connect the dots! tool). Information and Referral Services will require the submission of certain information, which may include (without limitation): name, email, country of residence, demographic information, and contextual information about the reasons for your inquiry.
- Information and Referral Services are administered by CICIC. Based on the information you provided, using specific communication channels, CICIC/CCMEC staff will provide information on:
- the recognition of academic and occupational credentials for working and studying in Canada and abroad.
- Canada’s education systems and quality assurance to assist in the recognition of Canadian qualifications, in collaboration with Competent Authorities.
- tools and resources to support the community of academic credential Assessors to improve consistency of and capacity for academic credential assessment in Canada.
- You are solely responsible both for the information you provide to us and for determining whether the information provided by CICIC applies to your circumstances. We make no representations or warranties with respect to Information and Referral Services, including (without limitation) representations or warranties as to the accuracy, or results thereof, of advice on next steps in the context of your circumstances.
- As part of your next steps after using CICIC’s Information and Referral Services, you are responsible for your own individual process to seek recognition of academic and occupational credentials for working and studying in Canada and abroad. CICIC is not responsible for recognizing credentials issued outside Canada. This responsibility falls to various organizations in Canada, including educational institutions, regulatory authorities and some professional associations, and employers. Some of these organizations may use academic credential assessment services that are members of the Alliance of Credential Evaluation Services of Canada (ACESC). Consequently, CICIC does not grant equivalencies or assess credentials, nor does CICIC intervene on behalf of individuals or in appeals. Furthermore, CICIC does not provide authentication services for credentials issued in Canada, as the issuing authorities are responsible to provide this information.
Overview of CICIC’s Tool Box. CICIC’s Tool Box is a Service offered to Assessors subject to the terms and conditions set out in these Terms of Use and in accordance with the following process:
- Assessors who wish to use CICIC’s Tool Box must submit a registration request to create an Account on the Website. Assessors must meet specific eligibility criteria for access to this online service (“Eligibility Criteria”) as described on CICIC’s website. Account creation will require submission of certain information, which may include (without limitation): name, email, country of residence, demographic information, expertise with the assessment of academic credentials, and coordinates of your organization. Each Account is subject to the terms set out in Section 5 (Accounts).
- CICIC’s Tool Box Services are administered by CICIC. CICIC assesses all registration requests for access on a case-by-case basis and subsequently determines whether the Eligibility Criteria are met.
- Assessors can engage with CICIC’s Tool Box by logging in to the secure Platform. The aim of the Platform is to provide access to tools and resources to support the community of academic credential Assessors to improve the consistency of and capacity for academic credential assessment in Canada. Services are only accessible to users who have created an Account. Account usage will require submission of certain information, which may include (without limitation): academic and professional documents you are trying to assess (e.g., transcript, diploma, statement of professional standing), or contextual information about the reasons for your inquiry to the EVALUATION listserv. The information shared by Assessors will be disclosed to CCMEC and other users within CICIC’s Tool Box. You hereby consent to the disclosure of such information to us and to our use of such information for provision and administration of CICIC’s Tool Box in accordance with the process set out in this Section 4 (Services) and 5 (Accounts).
- Assessors are solely responsible both for the information they provide to us and for determining whether the information accessed through CICIC’s Tool Box applies to their circumstances. We make no representations or warranties with respect to the information published or exchanged in CICIC’s Tool Box, including (without limitation) representations or warranties as to the accuracy, or results thereof, of information.
- ACCOUNTS
Your Account. Your Account is subject to the following terms and conditions:
- Account creation will require the selection of a username and password and submission of certain information, including name, email, country of residence, demographic information, expertise with the assessment of academic credentials, and coordinates of your organization.
- Assessors using CICIC’s Tool Box must follow specific user guidelines when interacting and sharing information with other community members.
- Your Account is for your professional use only, as an Assessor. You must keep your Account secure and agree that you will not grant access to or otherwise share your Account with any other person. You must immediately notify us of any unauthorized activity on your Account.
- You must provide us with true, accurate, current, and complete information for your Account. If we reasonably believe or suspect that your information is not true, accurate, current, or complete, we may deny or terminate your access to the Platform.
- We reserve the right to disable any Account at any time at our sole discretion. If we disable access to your Account, you may be prevented from accessing the Platform (or any portion thereof).
- We are entitled to act on instructions received through your Account. We are not responsible for any actions taken or transactions made to or from your Account by any other party using your Account. You are solely responsible for all use of your Account and all activities that occur under or in connection with your Account.
- Without limiting any rights which we may otherwise have, we reserve the right to take any and all action, as we deem necessary or reasonable, to ensure the security of the Platform and your Account, including terminating your Account, changing your password, or requesting additional information to authorize transactions on your Account. You agree to be responsible for any act or omission of any users that access the Platform under your Account, including those that, if undertaken by you, would be deemed a violation of these Terms of Use.
- Information exchanged by Assessors within CICIC’s Tool Box reflects the views and practices of selected members of the pan-Canadian community of academic credential assessors. These are not meant to represent the views and practices of the community of academic credential Assessors as a whole. The intent of the information exchange is to build on the many reference tools used by academic credential Assessors and organizations to help determine the comparability of a credential within a particular context. Similarly to other such reference tools, the content of previous information exchange may no longer be accurate and representative of the current environment. Information provided is not endorsed by the CICIC, CCMEC, provincial/territorial and federal governments, participating community members, nor by any other Competent Authorities in or outside Canada. Any views or opinions presented are solely those of the authors and do not necessarily represent those of their organizations, of CCMEC, or of CICIC. CICIC and CCMEC accept no liability for the content of the information provided or for the consequences of any actions taken on the basis of the information provided. The information published in CICIC’s Tool Box is confidential; it is intended solely for, and is accessible solely by, authorized members. It is strictly forbidden to share any of the information contained therein, either digitally or in print, with individuals who do not have an Account. Assessors should not disseminate, distribute, or copy this information. If you are not the intended viewer, you are notified that disclosing, copying, distributing, or taking any action that relies on this information is strictly prohibited. In addition, Assessors are expressly barred from making defamatory statements within the discussion forums of CICIC’s Tool Box.
- PAYMENTS AND FEES
CICIC Services are provided free of charge to users, in accordance with CICIC’s mandate determined by Competent Authorities in Canada.
- CHANGES TO THESE TERMS OF USE OR THE PLATFORM
Our rights. Except where prohibited by Applicable Law, we reserve the right to:
- Amend these Terms of Use at any time. When we amend these Terms of Use, we will: (i) place a notice on the Platform, send you an email, or notify you otherwise as required by Applicable Law; (ii) post a new version of these Terms of Use to the Website; and (iii) update the “Last Updated” date at the top of these Terms of Use. We may require you to provide consent to the updated Terms of Use in a specified manner before further use of the Platform is permitted. If you do not agree to any amendment(s) after receiving a notice of such amendment(s), you agree to stop using the Platform. Otherwise, your continued access to or use of the Platform after any amendment to these Terms of Use indicates your acceptance of such amendment.
- Change any element of the Platform at any time, without notice. We may, at our sole discretion, suspend or terminate your access to or use of the Platform or any component thereof: (i) for scheduled maintenance; (ii) due to a force majeure event; (iii) if we believe that you have violated any provision of these Terms of Use; (iv) to address any emergency security concerns; or (v) if required to do so by a governmental authority or as a result of Applicable Law.
- Make any modifications or discontinue all or any portion of the Platform at any time (including by limiting or discontinuing certain features of the Platform), temporarily or permanently, without notice to users. We will have no liability for any change to the Platform, including any paid-for functionalities of the Platform, or any suspension or termination of any users’ access to or use of the Platform.
- Require you to update third-party software from time to time to use the Platform.
- Engage third-party service providers to provide the Platform or the Services.
- PRIVACY
Privacy Policy. Please read our Privacy Policy, which is incorporated into these Terms of Use by reference and available at: Privacy Policy - CICIC. Collection, use, and disclosure of any and all personal information by us or through the Platform is subject to our Privacy Policy. In accordance with our Privacy Policy, we reserve the right to contact you in connection with: (i) any matter related to compliance with these Terms of Use; (ii) any matter related to the Platform or provision of the Services; and (iii) any communications that you consent to receive.
- INTELLECTUAL PROPERTY
Rights in the Platform. All rights, title, and interest, including Intellectual Property Rights, in the Platform, including the source code in the software we use to provide the Platform, and all other materials provided by us hereunder, and any updates, adaptation, translation, customization, or derivative works thereof, will remain the sole property of CCMEC (or our affiliates, licensors, or third-party suppliers, if applicable).
Licence to use the Platform. Subject to these Terms of Use, we hereby grant you a non-exclusive, non-transferable, non-sublicensable, and revocable licence to use the Platform in accordance with these Terms of Use.
License to User Data. You hereby grant us an irrevocable, non-exclusive, worldwide, royalty-free, transferable, sublicensable, and fully paid-up right to access, collect, use, process, store, and disclose your User Data for the following purposes: (i) to provide you with access to the Platform and services related to your Account; (ii) to exercise our rights and perform our obligations under these Terms of Use, including ensuring you are complying with these Terms of Use; (iii) to improve and enhance the Platform; and (iv) to provide and administer the Services to you.
Third-party software. Any use of third-party software provided in connection with the Platform will be governed by such third parties’ licences and not by these Terms of Use.
Trademarks. “Canadian Information Centre for International Credentials”, and “CICIC” are pending registration as official marks of CCMEC and are thus protected pursuant to this Section 9 of the Trademarks Act (Canada). Any trademarks, official marks, graphics, or logos appearing in or on the Platform are the exclusive property of CCMEC and may not be used in any manner without our express written consent.
Reservation of rights. All rights not expressly granted to you in these Terms of Use are reserved by us.
- PROHIBITED USE
Using the Platform. You agree to:
- Keep your Account credentials and all other login information confidential.
- Monitor and control all activity conducted through your Account in connection with the Platform.
- Upload and disseminate only data to which you own all required rights under Applicable Law and do so only consistent with Applicable Law.
- Promptly notify us if you become aware or reasonably suspect that any illegal or unauthorized activity or a security breach involving your Account, including any loss, theft, or unauthorized disclosure or use of your Account, has occurred.
- Comply with all Applicable Law.
Prohibited use. You agree that you will not use the Platform in violation of these Terms of Use or of any Applicable Law, or in the case of third-party materials, websites, or content accessed through or provided with the Platform, the applicable third-party licence agreement or terms and conditions. Without limiting the generality of the foregoing, you further represent, warrant, and covenant that you will not (and will not attempt to) directly or indirectly:
- Disable, overly burden, impair, or otherwise interfere with servers or networks connected to the Platform.
- Attempt to gain unauthorized access to the Platform, or bypass any measures we may use to prevent or restrict access to the Platform, attempt to circumvent the intended features, functionality or limitations of the Platform, or otherwise commercially exploit the Platform;
- Send, upload, collect, transmit, store, use, post, publish, or otherwise communicate on the Platform any data, information, pictures, videos, audio or other materials or content that: (i) contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data; (ii) you do not have the lawful right to send, upload, collect, transmit, store, use, post, publish, or otherwise communicate; (iii) is false, intentionally misleading, or impersonates any other person; (iv) is libelous, slanderous, defamatory, bullying, harassing, abusive, threatening, vulgar, obscene, or offensive, or that contains pornography, nudity, graphic or gratuitous violence, or political propaganda, or that promotes violence, racism, discrimination, bigotry, hatred, or physical harm of any kind against any group or individual; (v) is harmful to minors in any way or targeted at minors; (vi) infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right, or right of publicity); (vii) encourages any conduct that may violate any Applicable Laws or would give rise to civil or criminal liability; (viii) discloses or provides information protected under any law, agreement, or fiduciary relationship, including proprietary or confidential information of others; or (ix) contains information about an identifiable individual, other than as required in connection with the Services.
- Use the Platform in a manner which, in our reasonable opinion, would tend to bring the Platform, CCMEC, or any of our trademarks into public disrepute, contempt, scandal, or ridicule, would adversely affect our reputation or goodwill or any of our trademarks, or adversely affect the relationship between CCMEC and any of our licensors or other users.
- Use any data mining, robots, or similar data gathering or extraction methods, or copy, modify, reverse engineer, reverse assemble, disassemble, or decompile the Platform or any part thereof or otherwise attempt to discover any source code.
- Remove or obscure any proprietary notices or labels on the Platform, including brand, copyright, trademark, and patent or patent pending notices.
- Use the Platform for the purpose of building a similar or competitive product or service.
- Perform any vulnerability, penetration, or similar testing of the Platform.
- Advertise to, or solicit, any user to buy or sell any third-party products or services, or use any information obtained from the Platform to contact, advertise to, solicit, or sell to any user without their prior express consent.
- Publish, market, advertise, or in any way distribute the Content.
- Share an Account designated for you with another person, or transfer or otherwise provide access to the Account to such designated person.
- Copy or store any significant portion of the Content.
- Authorize, permit, enable, induce, or encourage any third party to do any of the above.
- THIRD-PARTY CONTENT, WEBSITES, AND SERVICES
No warranty. The Platform may include links or access to third-party content, websites or services. You will be required to access and use certain third-party content, websites, and services to use CICIC. You acknowledge and agree that you are aware of the requirement to use third-party content, websites, and services prior to access or use of the Services. We do not guarantee or warrant the quality, durability, accuracy, reliability, completeness, currency, timeliness, non-infringement, merchantability, or fitness for any purpose of any third-party content, websites, services, or systems. Third-party content, websites, services, or systems are not under our control, and if in connection with the Services, you access or use any such content, websites, or services, you do so entirely at your own risk. You acknowledge that you may be required to accept terms of use applicable to third-party content, websites, services, or systems and agree to accept and comply with any such terms of use.
No liability. Your interactions with third parties contacted in connection with or through the Platform, and any other terms, conditions, warranties, or representations associated with such dealings, are solely between you and such third parties. You agree that to the fullest extent permitted by Applicable Law that we are not responsible or liable for any loss or damage of any sort incurred as the result of any such dealings. Without limiting the foregoing, you and each of your heirs, executors, administrators, and assigns, hereby forever release, remise and discharge CCMEC, and all of its officers, shareholders, directors, employees, volunteers, agents, insurers, subsidiaries, affiliates, associated entities, successors, and assigns (hereinafter collectively referred to as the “CCMEC Parties”) jointly and severally from any and all actions, causes of action, contracts (whether express or implied), liabilities, claims, complaints, demands for damages, loss or injury, suits, debts, sums of money, indemnity, expenses, interest, costs, claims of any and every kind and nature whatsoever, at law or in equity, known or unknown, which you ever had, now have, or hereafter have by reason of or existing out of (i) your access and use of any third-party content, websites and services in connection with CICIC; or (ii) your dealings with any third parties in connection with CICIC.
- SECURITY
Security. Your access to the Platform and use of the Services is strictly at your own risk. We do not guarantee or warrant that the Platform is compatible with your computer system or mobile device or that the Platform, or any links from the Platform, will be free of viruses, worms, trojan horses or disabling devices or other code that manifests contaminating or destructive properties. You are responsible for implementing safeguards to protect the security and integrity of your computer system and/or mobile device, and you are responsible for the entire cost of any service, repairs, or connections that may be necessary for your computer system and/or mobile device as a result of your use of the Platform.
- DISCLAIMER OF WARRANTIES
THE LAWS OF CERTAIN JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN LEGAL WARRANTIES, CONDITIONS, OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THESE TERMS OF USE (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY, AND YOU MAY HAVE ADDITIONAL RIGHTS. TO THE EXTENT THAT WE MAY NOT, AS A MATTER OF APPLICABLE LAW, DISCLAIM ANY IMPLIED WARRANTY OR CONDITION, THE SCOPE AND DURATION OF SUCH WARRANTY OR CONDITION WILL BE THE MINIMUM PERMITTED UNDER SUCH APPLICABLE LAW.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE PLATFORM AND THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. EXCEPT AS OTHERWISE REQUIRED BY APPLICABLE LAW, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO: (I) THE PLATFORM; (II) THE SERVICES, INCLUDING CICIC; AND (III) THE SERVICES PROVIDED BY ANY THIRD-PARTY SERVICE PROVIDERS; WHETHER EXPRESS, IMPLIED, STATUTORY, OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES AND CONDITIONS OF MERCHANTABILITY, QUALITY, DURABILITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR OR GENERAL PURPOSE AND NON-INFRINGEMENT, AND/OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING OR USAGE OF TRADE, AND/OR THAT THE PLATFORM AND THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WITH RESPECT TO THIRD-PARTY COMMUNICATIONS AND ANY THIRD-PARTY MATERIALS, WEBSITES OR CONTENT DIRECTLY OR INDIRECTLY ACCESSED THROUGH THE PLATFORM. ANY REPRESENTATION OR WARRANTY RELATING TO ANY THIRD-PARTY MATERIALS, WEBSITES, OR CONTENT IS STRICTLY BETWEEN YOU AND THE THIRD PARTY.
- LIMITATION OF LIABILITY
LIMITATION OF LIABILITY. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE OR OUR PARENT CORPORATIONS, SUBSIDIARIES OR AFFILIATES AND OUR AND THEIR RESPECTIVE OFFICERS, DIRECTORS, SHAREHOLDERS, EMPLOYEES, CONTRACTORS, AGENTS, LICENSORS, LICENSEES, AND SERVICE PROVIDERS AND ITS AND THEIR SUCCESSORS AND ASSIGNS (COLLECTIVELY, THE “CCMEC PARTIES”), BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR LOST PRODUCTION, REVENUE, PROFITS, USE OR DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, OR OTHER LIABILITIES (COLLECTIVELY, “LOSSES”), IN EACH CASE, WHETHER OR NOT WE WERE ADVISED OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THE PLATFORM OR SERVICES OR THE INABILITY TO MAKE USE OF THE PLATFORM, OR THESE TERMS OF USE, INCLUDING, FOR CLARITY, ANY LOSSES RESULTING FROM THE ACCESS, COLLECTION, USE, PROCESSING, STORING, DISCLOSING OR TRANSMITTING OF INFORMATION BY THIRD PARTIES. IF YOU ARE DISSATISFIED WITH ANY PORTION OF THE PLATFORM, YOUR SOLE AND EXCLUSIVE REMEDY IS TO DISCONTINUE USE OF THE PLATFORM.
AGGREGATE MAXIMUM. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THESE TERMS OF USE, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE PLATFORM OR THE SERVICES, EXCEED CAD $100. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THESE TERMS OF USE WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.
Force majeure. Without limiting the foregoing, under no circumstances will any of the CCMEC Parties be held liable for any delay or failure in performance resulting directly or indirectly from acts of nature, forces, or causes beyond our or their reasonable control, including internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, pandemics, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, or non-performance of third parties.
- INDEMNIFICATION
Indemnification of CCMEC Parties. You agree to defend, indemnify, and hold harmless the CCMEC Parties from and against any claims, causes of action, demands, recoveries, losses, damages, fines, penalties, or other costs or expenses of any kind or nature including reasonable legal and accounting fees, arising out of or in connection with: (i) your use (or the use by any third party using your Account) of the Platform (except to the extent prohibited by law); (ii) your breach of any provision of these Terms of Use; (iii) your negligence acts or omissions or willful misconduct; (iv) your violation of any law or the rights of a third party (including Intellectual Property Rights); (v) the provision of your User Data to us for our use thereof; (vi) the services provided by any third-party service providers; and (vii) the Information and Referral Services in connection with CICIC.
Defence. We reserve the right, at our own cost, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with us in asserting any available defences. You agree that the provisions in this section will survive any termination of your Account, the Terms of Use, or your access to the Platform.
- CONFIDENTIALITY
Obligations of confidentiality. Each party (a “disclosing party”) may disclose Confidential Information to the other (a “receiving party”) in the performance of these Terms of Use or in connection with the Services. Each party agrees to maintain the disclosing party’s Confidential Information in confidence with at least the same degree of care with which the receiving party holds its own confidential information, and in any event not less than a reasonable degree of care. Neither party will use the Confidential Information of the other party except for the exercise of its rights and performance of its obligations under these Terms of Use or in connection with provision or receipt of the Services.
Exceptions. The obligations of confidentiality set out above shall not apply to information which:
- Was in the receiving party's possession prior to receipt or acquisition from the disclosing party.
- At the time of the receiving party's receipt or acquisition of the information, is or thereafter becomes part of the public domain through no act or failure on the part of the receiving party.
- Is disclosed to the receiving party by a third party without a covenant of confidentiality owing to the disclosing party.
Required disclosure. If the receiving party is required by Applicable Law to disclose any of the Confidential Information, the receiving party shall provide the disclosing party with written notice to permit the disclosing party to seek a protective order, or other appropriate remedy, or to waive compliance with the provisions of this Section 16. If such a protective order or other remedy is not obtained or compliance is not waived, the receiving party will furnish only that portion of the Confidential Information which in the reasonable opinion of its counsel is legally required.
Remedies. The receiving party acknowledges and agrees that the Confidential Information is valuable and sensitive and that any violation of the provisions of this Section 16 would result in immediate, significant, and irreparable damage to the disclosing party. The receiving party agrees that in the event of any breach, violation, or default of the terms of this Section 16, the disclosing party may, in addition to any other right, relief, or remedy available at law or in equity, be entitled to immediately obtain an injunction compelling the receiving party to abide by and comply with the terms of these Terms of Use and to cease any activities that are causing or might cause harm to the disclosing party.
- TERM AND TERMINATION
Term. These Terms of Use will commence on the day you first use the Platform and will continue for as long as you use the Platform or until terminated in accordance with the provisions of these Terms of Use.
Termination by us. At any time, we may: (i) suspend or terminate your rights to access or use the Platform; or (ii) terminate these Terms of Use, in our sole discretion, for any reason, including if we believe that you have used the Platform in violation of these Terms of Use, or have engaged in unauthorized or illegal activity.
Termination by you. You may terminate these Terms of Use by request by using our contact form available here: Contact us - Canadian Information Centre for International Credentials, requesting that your Account be deleted, and ceasing use of the Platform. For greater certainty, if you continue to use any portion of the Platform after these Terms of Use have been purportedly terminated by you as described above, these Terms of Use will continue to apply to the extent of such use. In the event of termination, you are no longer authorized to access or use the Platform.
Survival. The following Sections, together with any other provision of these Terms of Use which expressly or by its nature survives termination or expiration, or which contemplates performance or observance subsequent to termination or expiration of these Terms of Use, will survive expiration or termination of these Terms of Use for any reason: 2, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20.
- LICENCE
Feedback. You agree that any suggestion or idea provided by you (such suggestions or ideas, “Feedback”) will not be treated as confidential, and nothing in these Terms of Use will restrict our right to use, profit from, disclose, publish, or otherwise exploit any Feedback, without compensation to you. You grant to us a worldwide, royalty-free, fully paid, perpetual, irrevocable license to use, reproduce, modify, translate, distribute, perform, display, import, sell, offer for sale, make, have made, and otherwise exploit the Feedback in any form, media, or technology, whether now known or hereafter developed, and to allow others to do the same. This is true whether you provide the Feedback on the Platform or through any other method of communication with us, unless we have entered into a separate agreement with you that provides otherwise. You will not have any claim, including claims based upon invasion of privacy, defamation, or right of publicity, arising out of any use, alteration, blurring, distortion, or use in composite form of any Feedback. Except as prohibited by law, you hereby waive, and you agree to waive, any moral and author’s rights (including attribution and integrity) that you may have in any Feedback, even if it is altered or changed in a manner not agreeable to you.
- DISPUTES
Disputes. Except where prohibited by Applicable Law, any controversy, claim or dispute arising out of, relating to, or in respect of these Terms of Use, including their validity, existence, breach, termination, construction, or application, or the rights, duties, or obligations of any party, or the rights, duties, or obligations of any party derived from or associated with these Terms of Use (a “Dispute”), will be addressed in accordance with the following provisions:
- The parties will negotiate in good faith, using reasonable commercial efforts to resolve the Dispute.
- If the parties do not reach an agreed upon solution within a period of 30 days from the time informal dispute resolution is pursued pursuant to Subsection (a) above, then either party may commence legal action or proceeding in a court of competent jurisdiction within the Province of Ontario. Notwithstanding the foregoing, CCMEC may move to enforce your obligations under Section 9 (Intellectual Property), Section 10 (Prohibited Use) or Section 16 (Confidentiality) in any jurisdiction in which a breach is alleged to have occurred.
- GENERAL