TERMS AND CONDITIONS – Workplace Violence tools
Last Revised: August 9, 2017
Please read this Terms and Conditions of Use (“Agreement”) carefully as it constitutes an agreement between you and the Public Services Health & Safety Association (“PSHSA”).
This Agreement governs your access to and use of the tools on the https://workplace-violence.ca/ website- Workplace Violence Risk Assessment and Security tool available at https://wvra.pshsa.ca/ the Client Risk Assessment tool available at https://icra.pshsa.ca and Community Care tools available at https://wpvcc.pshsa.ca/#/ website and all services, products, content and information available (collectively as the “Website”).
1. Acceptance of this Agreement
By accessing this Website, you are agreeing to be bound by this Agreement, all applicable laws and regulations, and agree that you are responsible for compliance with any applicable local laws. You represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any person, including any natural person and any type of incorporated or unincorporated entity (“Person”), you purport to represent.
If you do not agree with any or all of the following terms and conditions of this Agreement, you are prohibited from using or accessing this Website. The materials contained in this Website are protected by applicable copyright and trademark law.
2. Permitted Uses of the Website
The Website and all content of the Website, including text and images, are the exclusive property of PSHSA and its licensors, as applicable. Your use of the Website does not transfer to user any right, title or interest in, to or associated with the Website or its content. Reproduction, distribution, electronic copying or other use without prior written consent of PSHSA is prohibited. PSHSA grants permission to electronically copy and to print in hard copy portions of this Website solely and exclusively for personal, non-commercial use.
Although PSHSA does not routinely screen or monitor content posted to the Website, PSHSA reserves the right to remove content which violates the terms of this Agreement or other relevant policies, but is under no obligation to do so.
You acknowledge and agree that you are solely responsible for the form, content and accuracy of any information or content placed by you on the Website. All information you provided through this Website must be true and accurate. PSHSA will rely on the information provided. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, PSHSA or any other Person may incur as a result of your submission of any false, incorrect or misleading information or your failure to update information within thirty (30) days of any change.
3. Secured Areas of the Website
a) Certain areas and features of the Website are accessible only to users who have been issued a login name and password (collectively “Credentials”) by PSHSA. Credentials will remain the property of PSHSA and may be cancelled or suspended at any time by PSHSA in its sole discretion without any notice or liability to you or any other Person.
b) PSHSA is not under any obligation to verify the identity or authority of any person using Credentials to access the Website and has the right to rely on the authority of any person using Credentials. You will be held responsible for any action taken under your Credentials, regardless of whether you authorized the action. Notwithstanding the preceding, PSHSA may in its discretion, at any time, require additional proof of identity from any Person seeking to access the Website, including Credential holders, and may deny access to the Website, or parts of it, or refuse to act upon any communication of a Person if PSHSA is not satisfied with such proof.
c) You shall: (i) keep Credentials issued to you confidential, secure and otherwise protect them at all times, which includes not disclosing your Credentials to any Person (other than PSHSA) or permitting any other Person to access the Website using your Credentials; (ii) only use the Website under your Credentials in compliance with this Agreement; and (iii) immediately notify PSHSA if you know or suspect that your Credentials have been lost or stolen or become known to or used by any other Person.
4. Disclaimer
The materials on the Website are provided “as is” and “as available”, without any representations, warranties or conditions of any kind, whether express or implied, including without limitation implied representations, warranties or conditions of or relating to accuracy, accessibility, performance, durability, merchantability, fitness for a particular purpose, or non-infringement of intellectual property or other violation of rights, all of which are disclaimed by PSHSA to the fullest extent permitted by law. Further, PSHSA does not warrant or make any representations concerning the accuracy, likely results, completeness, timeliness or reliability of the use of the materials on its Website or otherwise relating to such materials or on any sites linked to this Website.
5. Limitations
PSHSA and its licensors, if any, will never be liable to any user or any other person for any indirect, incidental, consequential, special, punitive or exemplary loss or damage arising from, connected with, or relating to the Website or this Agreement, including but not limited to loss of data, business, savings, income, profits, use, production, reputation or goodwill, anticipated or otherwise, or economic loss, under any theory of liability, regardless of any fault or wrongdoing (including without limitation gross negligence and fundamental breach) by PSHSA or any person for whom PSHSA is at law responsible, and even if PSHSA has been advised of the possibility of such loss or damage being incurred.
6. Indemnity
You agree to indemnify, defend, and hold harmless PSHSA and its officers, directors, partners, employees, agents, contractors and affiliates from any and all liability, loss, claim and expense, including legal fees, related to your violation of this Agreement or use of this Website. We reserve the right, at your expense, to assume the exclusive defense and control of any matter that is subject to indemnification under this section, and you agree to cooperate with our defense of such matter.
7. Intellectual Property
The Website (including all content, text, graphics, scripts, presentation, and other information in text, graphical, video and audio forms, software, designs, applications, data, and other elements available on or through the Website) is and remains the property of PSHSA or its licensors, as applicable, and is protected by copyright, trade-mark and other intellectual property laws. Use of the Website does not transfer any ownership or other rights in the Website (including without limitation, its content) to visitors.
PSHSA, and all other names, logos, seals, or other symbols that are representative of PSHSA are trade-marks of PSHSA. Use, reproduction, copying, or redistribution of trade-marks, without the written permission of PSHSA is prohibited.
8. Links
PSHSA has not reviewed all of the sites linked to the Website and is not responsible for the contents of any such linked site. The inclusion of any link does not imply approval of or endorsement of the site by PSHSA. Use of any such linked Website is at the user’s own risk.
9. Privacy
Information about PSHSA’s collection, use and disclosure of personal information is provided in our Privacy Policy on the https://workplace-violence.ca/ website.
10. Amendments to this Agreement
The materials appearing on the Website could include errors, inaccuracies or omissions. PSHSA does not represent or warrant that any of the materials on its Website are accurate, complete, or current.
PSHSA may revise this Agreement at any time and in its sole discretion without notice by posting a revised Agreement on this Website. PSHSA does not, however, make any commitment to update the materials or the Website. By using this Website after any revised Agreement has been posted, you are agreeing to be bound by the then current version of this Agreement so please check the date of the last revision, noted above, before using the Website. You may not change this Agreement in any manner.
11. Termination
If you breach any provision of this Agreement, or are no longer using the Website for the purposes permitted in this Agreement, you may no longer use the Website. PSHSA may, at any time and for any reason and in its sole discretion, change, suspend or terminate, temporarily or permanently, the Website or any part of it, or your permission to use the Website, without any prior notice or liability to you or any other person. If this Agreement or your permission to use the Website is terminated by you or PSHSA for any reason, then this Agreement will continue to apply and be binding upon you in respect of your prior use of the Website.
This license and Agreement shall automatically terminate if you violate any of these restrictions and may be terminated by PSHSA at any time. Upon terminating your viewing of these materials or upon the termination of this license, you must destroy any downloaded materials in your possession whether in electronic or printed format.
12. Governing Law
This Agreement shall be governed solely by the laws of the Province of Ontario, Canada and applicable federal laws of Canada. Any dispute between PSHSA and you or any other person arising from, connected with or relating to the Website, this Agreement or any related matters must be resolved before the Courts of the Province of Ontario sitting in the City of Toronto.
13. Contacts
If you have any general comments, suggestions, questions, or concerns about the Website, please contact PSHSA’ Privacy Officer at: privacyofficer@pshsa.ca
