Terms of Use

These terms and conditions (the “Terms and Conditions“) are a binding legal agreement between you and CCHF (collectively, the “Parties“) that governs your access to and use of our websites and their services (the “Websites“). This agreement is effective the moment you access the Website and remains in effect until terminated by either Party in accordance with these Terms and Conditions or any other agreement between you and us, as applicable. By accessing or using the Websites, you acknowledge that you have read and understood these Terms and Conditions, and agree to be legally bound by them, our Privacy Policy and our Cookie Policy (collectively, the “Agreement“), in addition to complying with applicable laws and regulations. If you do not agree to these Terms and Conditions, you are not authorized to access or use the Websites and their services.

When used in these Terms and Conditions, the words “Organization“, “we“, “us” and “our” refer to CCHF, including its officers, directors and employees. The term “you” and “your” refers to the person accessing or using the Websites, whether as a visitor or user. If you are entering into this Agreement on behalf of a legal entity, you represent and warrant that you have the authority or power to bind that legal entity to this Agreement, in which case the term “you” or “your” refers to that legal entity.

1. PRIVACY

Our Privacy Policy (the “Privacy Policy“) is available at https://childrenshospitals.ca/privacy-policy/ and describes our policies and practices with respect to the processing of personal information, is incorporated herein by reference and made a part hereof.

2. MODIFICATIONS

By accessing or using the Websites, you acknowledge and agree that these Terms and Conditions may be modified in accordance with the provisions set forth below and are encouraged to review them regularly.

We reserve the right to update and modify the Terms and Conditions at any time without notice. If we make any changes, we will post the updated version of the Terms and Conditions on our Websites and update the version number and the last updated date in the footer of the document. We therefore encourage you to review our Terms and Conditions when you visit the Websites to obtain timely notice of updated Terms and Conditions. If you do not agree with the updated Terms and Conditions, please stop using our Websites. Your continued use of or access to our Websites following the posting of any updates or changes constitutes acceptance of those updates or changes.

3. CONTENT

For the purposes hereof, “Content” means all materials and content made available to users on the Websites, including notices, guidelines, communications, text, RSS feeds, graphics, images, illustrations, audio-visual works, multimedia elements, photographs, videos, music, sound recordings, policies, documents, software, information, data and any other work, including the manner in which such content is presented.

Third Party Content — Content accessed or made available on the Websites or via the Internet may be owned by third parties (“Third Party Content“) and may be protected by intellectual property rights, including copyrights, trademarks, or other proprietary rights and laws. Nothing in your use of the Websites or in these Terms and Conditions grants you any right, title or interest in any such Third Party Content, except for the right to use the Websites granted to you pursuant to these Terms and Conditions.

Third Party Websites — Our Websites may contain links to Third Party Content on independent third party websites (“Third Party Websites”). These links are provided for information purposes only. CCHF is not responsible for any Third Party Content or the quality, safety, availability, completeness, accuracy, legal compliance and policies or practices of such Third Party Websites. We do not endorse Third Party Websites and make no representations about them or their content. If you choose to access any Third Party Websites linked to our Websites, you do so at your own risk.

4. INTELLECTUAL PROPERTY AND OTHER PROPERTY RIGHTS

Content from the Organization — Unless expressly stated otherwise, all right, title and interest in and to the Website and all Content, URLs, domain names, source code, processes, trademarks, trade names, logos, product and service names, works or other copyrightable subject matter, whether registered or unregistered, recognized under applicable law, including (a) any improvements or modifications to any of the foregoing, (b) any application for registration or renewal of the foregoing, and (c) licenses and sublicenses for third party intellectual property (collectively, the “Organization Content“) as well as all derivatives, translations and updates of the Organization Content, are the exclusive property of the Organization and are protected by copyright, trademark or other proprietary rights and laws. All rights not expressly granted herein are reserved by the Organization.

License — Subject to your compliance with these Terms and Conditions and any other agreement between you and us, the Organization grants you, for your personal use only, a free, limited, non-exclusive, non-transferable, and revocable license to access and use the Websites and its Content during the term of this Agreement. Nothing in this Agreement grants you any right, title or interest in the Organization Content, except the limited right to access and/or use the Websites in accordance with these Terms and Conditions. You may not copy, modify, disassemble, reproduce, adapt, sell, resell, compile, or extract any Content, in whole or in part, by any means whatsoever, and in any medium whatsoever, existing or future, including translation of the Content into any other language, except as expressly permitted by these Terms and Conditions. Any other use of the Organization Content is strictly prohibited and constitutes a violation of Canadian intellectual property laws or other applicable property rights and laws. The Organization will enforce its intellectual property rights to the full extent permitted by applicable laws.

5. ACCEPTABLE USE POLICY

Acceptable use — You shall use the Websites and their Contents only for lawful purposes and in accordance with the rules set forth in this section. If at any time you become aware of a violation of these Terms and Conditions by any person or entity, you agree to notify us immediately so that we may investigate and, if appropriate, terminate or remedy such violation.

Prohibited uses — Without limiting the generality of the foregoing, you agree not to do or permit, directly or indirectly, any of the following in connection with the Websites:

1. publish, upload, translate, use, download, reproduce, distribute or otherwise transmit any Content that:
   1. is defamatory, infringing or illegal;
   2. is inappropriate, profane, degrading, obscene, indecent or contains information without appropriate or legally required access controls;
   3. gives rise to civil liability or infringes on our rights or helps someone else infringe on our rights or those of others, including copyright infringement, invasion of privacy, trademark infringement or defamation;
   4. constitutes threats, harassment, intimidation, abuse or any conduct that infringes on the rights of others;
   5. constitutes a criminal offence, or participates or assists others in the commission of a criminal offence;
   6. contains a virus, ransomware, Trojan horse, worm, spyware or any other malicious program or software, including smart web scraping tool;
   7. is unauthorized or unsolicited commercial electronic messages, junk or bulk communications or any other type of “spam”.
2. disrupt, disable or threaten the integrity, operation or security of the Websites;
3. probe, scan or test the vulnerability of the Websites, breach or attempt to breach its security measures;
4. disable or circumvent any access control measures or processes or procedures in connection with the Websites;
5. sublicense, share, resell, reproduce, copy, distribute, redistribute or exploit for commercial purposes any portion, use or access to the Websites, unless you first obtain our express permission to do so;
6. retrieve, aggregate, collect or store personal information from third parties without their express consent.

Remedies — Without limiting any of our rights, CCHF may, without notice, suspend, restrict or terminate your access to and use of the Websites and take any other action we deem appropriate if, in our sole and absolute discretion, we determine or believe that you have violated any provision of the Terms and Conditions.

6. DISCLAIMER OF WARRANTIES

USE OF THE WEBSITES AND CONTENT IS PROVIDED WITHOUT WARRANTY OR REPRESENTATION OF ANY KIND, INCLUDING AS TO THE CONNECTIVITY, PERFORMANCE, OPERATION, AVAILABILITY, RELIABILITY, TIMELINESS, SECURITY, QUALITY, CAPACITY OR ACCURACY OF THE WEBSITES AND CONTENT. CCHF SHALL NOT BE LIABLE FOR ANY DELAYS, INTERRUPTIONS, MALFUNCTIONS, FAILURES OF SERVICE OR OTHER PROBLEMS INHERENT IN THE USE OF THE INTERNET, ELECTRONIC COMMUNICATIONS, TELECOMMUNICATIONS NETWORKS OR OTHER SYSTEMS OR NETWORKS THAT ARE OPERATED BY THIRD PARTIES OR ARE BEYOND OUR REASONABLE CONTROL. CCHF EXPRESSLY DISCLAIMS ALL CONDITIONS, WARRANTIES AND REPRESENTATIONS, EXPRESS, IMPLIED, STATUTORY OR OTHERWISE.

7. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER CCHF NOR ANY OTHER PARTY INVOLVED IN CREATING, PRODUCING OR DELIVERING THE WEBSITES OR ANY CONTENT SHALL BE LIABLE FOR DAMAGES OF ANY KIND, INCLUDING ACTUAL, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, LOSS OF DATA, LOSS OF CUSTOMERS, INTERRUPTION OF SERVICES, COMPUTER DAMAGES OR SYSTEM FAILURES ARISING OUT OF OR IN CONNECTION WITH (i) THESE TERMS AND CONDITIONS AND YOUR USE OF OR INABILITY TO ACCESS OR USE THE WEBSITES, ITS CONTENT AND THE SERVICES OFFERED THEREON, EVEN IF CCHF HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THESE LIMITATIONS OF LIABILITY AND DAMAGES ARE FUNDAMENTAL ELEMENTS OF THE CONTRACT BETWEEN YOU AND CCHF. IF APPLICABLE LAW DOES NOT ALLOW ONE OR MORE OF THE LIMITATIONS SET FORTH IN THESE TERMS AND CONDITIONS, THOSE SPECIFIC LIMITATIONS MAY NOT APPLY TO YOU WITHOUT AFFECTING THE REMAINDER OF THE TERMS AND CONDITIONS SET OUT HEREIN.

8. INDEMNIFICATION

To the maximum extent permitted by applicable law, you agree to defend, indemnify and hold CCHF harmless from and against any and all claims, liabilities, damages, judgments, awards, losses, costs, expenses, fees or charges (including all reasonable legal and accounting fees) arising out of or in connection with: (i) your breach of these Terms and Conditions, (ii) any infringement or breach arising out of your use of the Website and their Contents, or (iii) your violation of any law or regulation or third party right such as intellectual property or privacy rights, other than as expressly permitted hereunder.

CCHF reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You also agree to cooperate fully and reasonably in the defense of any claim, if any.

9. GOVERNING LAW

This Agreement and the other policies available on the Websitess shall be governed by and construed in accordance with the laws of the Province of Ontario, except for mandatory Privacy and Consumer Protection Laws. All disputes, claims and actions arising out of or relating to these Terms shall be resolved or decided in Ontario, Canada.

CCHF reserves the right, in its sole discretion and at its own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you. You also agree to cooperate fully and reasonably in the defense of any claim, if any.

10. CONTACT US

Any questions or comments regarding the Terms and Conditions, the Websites or our services, including reports of broken links, should be submitted in writing to our DPO at privacy@childrenshospital.ca.