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Terms & Conditions

 


Terms and Conditions
Please read these Terms and Conditions of Use carefully before accessing mySafetyAssistant.ca, collectively referred to as (the “Web Site”). These Terms and Conditions of Use apply to the Web Site and to the information, communications, opinions, text, graphics, links, art, audio, video, software, photos, music, sounds and other material and data on the Web Site (collectively, the “Content”). Any individual, corporation, association, agency, company, or other entity that accesses or uses the Web Site (the “User” or “you”) agrees to be bound by the following Term and Conditions of Use.
IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, DO NOT ACCESS THE WEB SITE.

USER RIGHTS AND RESPONSIBILITIES
Access to the Web Site. You are responsible for providing all hardware, software, telephone or other communications equipment and/or service to connect to the Internet and access the Web Site and are responsible for all Internet access charges, telephone charges or other fees or charges incurred in connecting to the Internet and accessing the Web Site.
User Conduct. You agree to access and use the Web Site only for lawful purposes. You are solely responsible for the knowledge of and adherence to any and all laws, statutes, rules and regulations, pertaining to (i) your use of the Web Site, (ii) the use of any other goods or services provided on the Web Site, and (iii) the communications means by which you connect your modem, computer, or other Equipment to the Web Site. By accessing the Web Site, User agrees not to use the Web Site to commit a criminal offense or to encourage conduct that would constitute a criminal offense or give rise to a civil liability, or otherwise violate any local, provincial, state, Federal or international law, including but not limited to any federal, provincial or state securities law or alter, damage or delete any Content or otherwise interfere with the ability of others to access the Web Site.

In developing any part of a Safety Management System including policies, procedures and training, the employer must consult with the following:

(a) the Workplace Safety and Health committee at the workplace;
(b) the Workplace Safety and Health representative at the workplace;
(c) when there is no committee or representative at the workplace, the workers at the workplace.

Polices and procedures must be implemented with the consultation of workers. There must be documented evidence of this consultation. The material contained in the Web Site is for information purposes only. Laws, regulations, and procedures are constantly changing, and examples given are for general guidelines only. It is the responsibility of the User to keep up to date with current health and safety legislation and ensure legal due diligence. It is the responsibility of the employer to identify, assess, control and communicate all risks and hazards and ensure the health and safety of all workers in the workplace so far as is reasonable and practicable. mySafetyAssistant.ca takes no responsibility for any materials located on this website should the User any changes whatsoever.

Users agree to provide factual information on their Employer as the fee for use will be established according to the number of employees that they have. Users hereby agree to allow mySafetyAssistant Corp to verify the number of employees they have by checking with WCB etc. and will provide any required authorization to do so.


INTELLECTUAL PROPERTY RIGHTS
The Web Site and the Content are the property of mySafetyAssistant Corp . and its licensors or licenees and is protected by Canadian and International Copyright laws. All copyright, trademark, and other proprietary rights in the Web Site and the Content are reserved to mySafetyAssistant Corp and its licensors. The mySafetyAssistant Corp products referenced herein are either service marks, trademarks or registered trademarks of mySafetyAssistant Corp . All other trademarks are property of their respective owners. In addition, the Web Site may contain trademarks, logos and links to the web sites of third parties. Any domain names, URLs, trademarks or logos appearing on the Web Site are the sole property of their respective owners.

mySafetyAssistant Corp and its affiliates respect the intellectual property of others. If you believe that your work has been copied in a way that constitutes copyright infringement, please notify mySafetyAssistant Corp in writing. mySafetyAssistant Corp will investigate, in appropriate circumstances, notices of copyright infringement and take appropriate actions under the Copyright Act. Inquiries that do not follow this procedure will not receive a response.

DISCLAIMERS OF WARRANTIES
You should use your best judgment in evaluating all information contained or opinions expressed on the Web Site. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEB SITE IS AT YOUR SOLE RISK. MYSAFETYASSISTANT CORP DOES NOT WARRANT THAT THE WEB SITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEB SITE WILL BE UNITERRUPTED OR ERROR FREE; NOR DOES MYSAFETYASSISTANT CORP MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE WEB SITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEB SITE OR AS TO THE TIMELINESS, SEQUENCE, ACCURACY, AUTHORITY, COMPLETENESS, USEFULNESS, NONINFRINGEMENT, RELIABILITY OR SUBSTANCE OF ANY CONTENT, INFORMATION, SERVICE, OR TRANSACTION PROVIDED THROUGH THE WEB SITE OR ANY SITE LINKED TO OR FROM THE WEB SITE. THE WEB SITE AND THE CONTENT ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, WITHOUT WARRANTIES OF ANY KIND, WITHER EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, THOSE OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE.

LIMITATIONS OF LIABILITY
Limitation of Liability. UNDER NO CIRCUMSTANCES SHALL MYSAFETYASSISTANT CORP BE LIABLE FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES UNDER OR ARISING FROM USE OF THE WEB SITE OR ANY INTERNET SITE LINKED TO OR FROM THE WEB SITE, WHETHER FOR BREACH OF CONTRACT, TORTIOUS BEHAVIOR, NEGLIGENCE, OR UNDER ANY OTHER CAUSE OF ACTION, INCLUDING WITHOUT LIMITATION, ANY LIABILITY FOR DAMAGES CAUSED OR ALLEGEDLY CAUSED BY ANY FAILURE OF PERFORMANCE, ERROR, OMISSION, INTERRUPTION, ELECTRICAL SURGE/DAMAGE/INTERFERENCE, DELETION, DEFECT, DELAY IN OPERATION OR TRANSMISSION, COMPUTER VIRUS, COMMUNICATIONS LINE FAILURE, BREAKDOWN OF EQUIPMENT, SOFTWARE ERROR, INFRINGEMENT, UNAUTHORIZED ACCESS TO, OR THEFT, DESTRUCTION, ALTERATION, OR USE OF, RECORDS.
UNDER NO CIRCUMSTANCES SHALL MYSAFETYASSISTANT CORP BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY DECISION MADE OR ACTION TAKEN BY YOU IN RELIANCE ON THE CONTENT CONTAINED WITHIN THE WEBSITE OR THE CONTENT CONTAINED WITHIN ANY INTERNET SITE LINKED TO OR FROM THE WEB SITE. THE CONTENT WITHIN THE WEB SITE AND THE CONTENT WITHIN INTERNET SITES LINKED TO OR FROM WEB SITE MAY INCLUDE TECHNICAL OR OTHER INACCURACIES OR TYPOGRAPHICAL ERRORS. CHANGES ARE IN NEW VERSIONS OF THE WEB SITE AND SPECIFICALLY ARE INCLUDED IN THIS SECTION AGREEMENT. MYSAFETYASSISTANT CORP MAY MAKE IMPROVEMENTS AND/OR CHANGES IN THE CONTENT AT ANY TIME AND FROM TIME TO TIME. WITH RESPECT TO ANY REFERENCES TO SPECIFIC LEGISLATION USER ACKNOWLEDGES THAT LEGISLATION CHANGES FROM TIME TO TIME AND USER MUST CONSULT THE ACTUAL CURRENT LEGISLATION FOR ALL PURPOSES RELATING TO THE INTERPRETATION AND APPLICATION OF ANY STATUTES, LEGISLATION OR OTHER LAWS OF APPLICATION.

LINKS
User acknowledges that mySafetyAssistant Corp is not responsible for any content, goods or services available through sites on the internet linked to or from the Web Site. All such content, goods and services are made accessible on the Internet by independent third parties. mySafetyAssistant Corp does not endorse nor is it responsible for the accuracy, completeness, usefulness, quality or availability of any content, goods or services available on any site linked to or from the Web Site, which are the sole responsibility of such independent third parties, and your use thereof is solely at your own risk. User agrees that mySafetyAssistant Corp shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused by your use of or reliance on any content, good or services available on any site linked to or from the Web Site or your inability to access the Internet or any site linked to or from the Web Site.

INDEMNITY
You agree to indemnify and hold harmless mySafetyAssistant Corp from any and all liabilities, claims and expenses, including reasonable attorneys’ fees, arising from breach of these Terms and Conditions of Use, any other policy, your use of access of the Web Site or any Internet site linked to or from the Web Site.

APPLICABLE LAWS AND JURISDICTION
mySafetyAssistant Corp controls this Web Site from its corporate offices in the province of Manitoba, Canada. mySafetyAssistant Corp makes no representation that the Web Site or the Contents are appropriate or available for use in other locations. If you choose to access this Web Site from another jurisdiction, you do so at your own risk and are solely responsible for compliance with the laws of your jurisdiction. The law of the Province of Manitoba, excluding its conflict of law principals, shall govern all issues and matters relating to or arising from your use of this Web Site.

ENTIRE AGREEMENT AND REVISIONS
These Terms and Conditions of Use constitute the entire agreement between the User and mySafetyAssistant Corp and supersede any prior understanding or agreement, whether oral or written. mySafetyAssistant Corp may revise these Terms and Conditions of Use or any other policy at any time and from time to time, and such revision shall be effective two (2) days upon posting notice of such revision prominently on the Web Site. You agree to review these Terms and Conditions of Use periodically to be aware of such revisions. If any such revision is unacceptable to you, you must discontinue accessing the Web Site. Your continued accessing and use of the Web Site following notice of any such revision shall conclusively be deemed acceptance of all such revisions.

MISCELLANEOUS
If any Terms and Conditions of Use or any other policy are held invalid or unenforceable, that portion shall be construed in accordance with applicable law as nearly as possible to reflect the original intention of the parties and the remaining portions will continue in full force and effect. The failure of mySafetyAssistant Corp to insist upon or enforce strict performance of any Terms and Conditions of Use shall not be construed as a waiver of any right to do so at any other time.

PRIVACY POLICY
This privacy policy statement (“Privacy Policy”) discloses the privacy practices of mySafetyAssistant Corp for its www.mySafetyAssistant.ca web site (the “Site”) and any other sites operated by mySafetyAssistant Corp . At mySafetyAssistant Corp we are committed to protecting the privacy of our customers, partners and users of our Site, and this Privacy Policy sets forth our privacy practices. BY CHOOSING TO USE THIS SITE, YOU ARE ACCEPTING THE PRACTICES DESCRIBED IN THIS PRIVACY POLICY.

In this Privacy Policy, we will notify you of:

1. What personally identifiable information is collected from you through the Site;
2. The methods by which we gather personal information;
3. How the information is used;
4. With whom the information may be shared;
5. What choices are available to you regarding collection, use and distribution of the information; and
6. The kind of security procedures that are in place to protect the loss, misuse or alteration of information under mySafetyAssistant Corp control.

INFORMATION COLLECTION AND USE
mySafetyAssistant Corp will not disclose the personally identifiable information that you provide on this Site to any third parties other than to a mySafetyAssistant Corp Partners, except: i)in accordance with the terms of this Privacy Policy, or ii) to comply with what mySafetyAssistant Corp determines to be, in its discretion, a valid legal disclosure requirement such as law, regulation, warrant, subpoena or court order.

Information You Provide
mySafetyAssistant Corp may store and process your personally identifiable information to better understand your needs and how we may improve our products and services. We receive and store any information you enter on our site or give us in any other way, including the E-Demo registration and email inquiries. Although you are not required to register to access this Site, you may be asked to provide us with personal information when you visit certain sections of the Site. You can choose not to provide certain information, but then you might not be able to take advantage of many of our features. We may use your personally identifiable information to contact you. For example, we may send you marketing or promotional materials or other information, we may respond to your comments or requests for information, or we may contact you, if needed, in the course of processing or shipping your order for products or services offered through our site.


Information and Cookies
We receive and store certain types of information whenever you interact with us. mySafetyAssistant Corp , in common with many website operators, may use standard technology called “cookies” on this Site. Cookies are small data files that are downloaded onto your computer when you visit a particular website. You can disable cookies by turning them off in your browser; however, some areas of this Site may not function properly if you do so.

Log Files
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information.

Surveys & Contests
From time to time, we may request information from users via surveys or contests. Participation in these surveys or contests is completely voluntary and the user therefore has a choice whether or not to disclose requested information. Information requested may include contact information (such as name and shipping address), and demographic information (such as postal code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of the Site.

Special Offers
Users will occasionally receive information from mySafetyAssistant Corp or its partners on products, services, special deals, or newsletters.

Sharing
From time to time, we disclose information to our mySafetyAssistant Corp Partners, which we have collected from our customers who we believe may be interested in our benefit from services offered by one or more of our mySafetyAssistant Corp Partners.

We will share aggregated demographic information with our business partners and advertisers. This is not linked to any personal information that can identify any individual person.

Links
This Site contains links to other sites. Please be aware that mySafetyAssistant Corp is not responsible for the privacy practices of such other sites. We encourage our users to be aware when they leave our Site and to read the privacy statements of each and every web site that collects personally identifiable information. This Privacy Policy applies solely to information collected by this Site.

SECURITY
This Site incorporates appropriate safeguards using industry-standard technology to heighten the security, accuracy and privacy of any personal information we have collected, and we have put in place reasonable precautions to protect information from loss and misuse. Our security and privacy policies are periodically reviewed and enhances as required.
This Site also incorporates appropriate safeguards using industry- standard technology to protect user-information off-line. All of our users’ information is secured through restricted access. Only employees who need the information to perform a specific job (for example, accounting or customer service) are granted access to personally identifiable information. Our employees must use password-protected screen-savers when they leave their desk. When they return, they must re-enter their password to re-gain access to your information. Furthermore, employees are kept up-to-date on security and privacy practices.

Encrypted Credit Card Purchases
If you use a credit card to purchase a mySafetyAssistant Corp course, the credit card number is encrypted as it passes over the Internet. In this respect, buying a membership from mySafetyAssistant Corp is similar to a credit card purchase at any store.

No Refunds
We do not offer monetary refunds. However, we will allow you to reuse training credits for uninitiated courses.

CHOICE
mySafetyAssistant Corp provides its customers with the following choices about how their information can be used: i) Customers can always choose not to provide information, even though it might prevent the use of certain portions of the Site; ii) Customers are given the opportunity to “opt-out” of having their information used for purposes not directly related to our site at the point where we ask for the information; and iii) Customers who no longer wish to receive our newsletter or promotional materials from our partners may opt-out of receiving these communications by replying to unsubscribe in the subject line in the email or email us at support@mysafetyassistant.ca

NOTIFICATION OF CHANGES
If we decide to change our Privacy Policy, we will post those changes on our Site so our users are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. If at any point we decide to use personally identifiable information in a manner different from that stated at the time it was collected, we will notify users by way of an email. Users will have a choice as to whether or not we use their information in this different manner.

CONTACT DETAILS
If at any time you wish to contact mySafetyAssistant Corp with any question or complaint, or to exercise any of the rights set out in the Privacy Policy, you may do so by contacting mySafetyAssistant Corp by any of the methods set out below:

Email: support@mysafetyassistant.ca
Address: 175 Marion Street, Winnipeg, Manitoba R2H 0T3

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