Terms of Use | IFSE Institute

By using the website found at (www.ifse.ca) (“Website”) or using and accessing the IFSE learning portal (the “Learning Portal”), the IFSE business intelligence portal (the “BI Portal”), (“Careerlink”) and/or any other website, online portal or online service provided by the IFSE Institute, you, and any company that you represent in using the IFSE Sites, agree to be bound by the following Terms of Use, which governs the relationship between you and the IFSE Institute (“IFSE”). If you are accessing the IFSE Sites and Content as described below, on behalf of an organization, you represent and warrant that you have the authority to bind that organization to these Terms of Use and by accepting these Terms of Use, you are doing so on behalf of that organization.

IFSE reserves the right to update and change these Terms of Use from time to time by posting the updated Terms of Use at [https://www.ifse.ca/terms-of-use/]. It is your responsibility to consult with these Terms of Use from time to time to ensure that you are up to date on any changes which may affect you. Continued use of the Website, Careerlink, Learning Portal, BI Portal and any other website, online portal or online service provided by IFSE (together “IFSE Sites”) indicates continued acceptance of these Terms of Use.

IFSE’s collection, use and disclosure of your personal information in connection with the IFSE Sites shall be governed by the Privacy Policy located at [https://www.ifse.ca/privacy-policy/]. By using the IFSE Sites, you consent to the IFSE’s collection, use and disclosure of your personal information in accordance with the Privacy Policy.

These Terms of Use apply exclusively to your access to and use of the IFSE Sites and do not alter the terms of any other agreement you or your employer may have with IFSE. In case of inconsistency between these Terms of Use and any other agreement you or your employer may have with IFSE, the other agreement shall prevail, but only to the extent of the inconsistency.

PLEASE READ THE FOLLOWING TERMS OF USE CAREFULLY BEFORE ACCESSING OR USING THE IFSE SERVICES. IF YOU DO NOT AGREE TO THESE TERMS OF USE OR THE PRIVACY POLICY, YOU ARE NOT PERMITTED TO ACCESS OR USE THE IFSE SITES.

1. Introduction and Portal Access

1.1. Through the IFSE Sites, IFSE will provide you with access to and the ability to download messages, information, data, text, software, images or other materials from the IFSE Sites (the “Content”) and to send messages, information, data, text, software, images and/or other materials to and through the IFSE Sites (“Communications”). In order to access the Learning Portal or BI Portal, you must enter a login name and password (“Login Credentials”). You are responsible for maintaining the confidentiality of your Login Credentials and shall be responsible for all uses of the Portal using your Login Credentials, whether authorized by you or not.

1.2. You agree to immediately notify IFSE of any unauthorized use of your Login Credentials. If you believe someone has accessed your Login Credentials without your authorization, it is your responsibility to inform us and set up a new password, or contact IFSE’s customer services department. You guarantee that the information provided to IFSE during the registration process for Login Credentials is complete, accurate and up-to-date and agree to update such information as needed.

2. User Requirements

2.1 You may only use the IFSE Sites, and the Content derived therefrom, for the following purposes, as applicable:

(a) All IFSE Sites: You may only access, download and use the IFSE Sites, any of the Content, and only send Communications, in accordance with these Terms of Use and only for your personal, non-commercial purposes appropriate to the applicable IFSE Site. You are responsible for ensuring that you are complying with all applicable laws when using the IFSE Sites.

(b) Learning Portal: The Learning Portal and Content may be used only for lawful purposes by individuals registered, or intending to register for courses or events offered by IFSE.

(c) BI Portal: The BI Portal and Content may be used only for lawful purposes by individuals seeking reports related to the use of the Learning Portal by specific corporate clients.

(d) Careerlink: The Careerlink and Content may be used only for lawful purposes by individuals seeking employment and career information (“Candidates“), and by employers (“Employers“) and recruitment companies (“Recruiters“) seeking employees.

3. Use and Termination of Use

3.1. You can stop using the IFSE Sites at any time. Subject to any other agreements IFSE may have with you, IFSE may also stop providing IFSE Sites to you at any time.

3.2. Subject to any other agreements you and IFSE may have, IFSE may terminate, change, suspend or discontinue any aspect of the IFSE Sites, including (a) changing the availability of any features at any time without notice or liability; (b) changing any fees or charges for use of the IFSE Sites, including instituting new or increased fees or charges for the use of the IFSE Site or any other IFSE Site-related services (the “Services“) or any features thereof; (c) removing, adding, modifying or otherwise changing any Content or Communications on or from this Site; or (d) imposing limits on certain features and Services or restricting your access to parts or all of the applicable IFSE Site without notice or liability for any reason whatsoever.

3.3. IFSE reserves the right in its sole discretion, to correct any errors or omissions in any portion of the IFSE Sites or the Content at any time without notice.

4. User Conduct

4.1. You agree not to:

(a) modify, reverse engineer, decompile, disassemble, translate, attempt to extract the source code or otherwise deconstruct any IFSE Site or Content or any related software;

(b) alter or remove any copyright, trademark, trade name or other proprietary notices, legends, symbols or labels appearing on, or in, the Content or any reproduction thereof;

(d) sublicense, disclose, rent, sell, lease, loan or distribute any Content to a third party or create any derivative works of the Content;

(e) interfere with or disrupt the IFSE Sites or networks which support the IFSE Sites, or create user accounts by automated means or under false or fraudulent pretenses;

(f) gain unauthorized access to or use of the IFSE Sites or Services;

(g) use the Content for the benefit of a competitor of IFSE or to compete against IFSE;

(h) publish, upload, post, transmit or otherwise make available any Content or Communications that: (i) you do not have the right to make available; (ii) is unlawful, harmful, vulgar, obscene, hateful or racially, ethnically or otherwise objectionable; (iii) infringes any intellectual property rights of any party; (iv) includes any unsolicited or unauthorized advertising, promotional materials, surveys, junk mail, spamming or chain letters; (v) contains a software virus, Trojan horse, worm, time bomb, cancelbot, corrupted file, or any other computer file or software designed to interrupt, destroy, damage or limit the functionality of any computer hardware, software or other property; or (vi) post opinions, notices or advertisements, commercial or otherwise or solicit business from Recruiters or Employers who post on Careerlink, including any solicitation by any IFSE competitors of Recruiters or Employers who post on Careerlink;

(i) defame, harass, abuse, stalk, threaten or violate the legal rights of any individual or entity;

(j) post any franchise, pyramid scheme, unauthorized multi-level marketing (MLM) opportunity, “club membership”, distributorship or sales representative agency arrangement or other business opportunity which requires an upfront or periodic payment or requires recruitment of other members, sub-distributors or sub-agents;

(k) delete or revise any material posted by any other person or entity;

(l) impersonate any person or entity, including IFSE or an unauthorized user of Services, or falsely state or otherwise misrepresent your affiliation with a person or entity, including the posting by Candidates of inaccurate or fraudulent resumes; or

(m) violate any applicable local, provincial or federal law and any regulations.

4.2. You agree that you are solely responsible for actions and communications undertaken or transmitted during your usage of the IFSE Sites, and that you will comply with all laws that apply or may apply to your use of or activities on the IFSE Sites or in respect of the Communications and Content. Without limiting any of IFSE’s legal rights, IFSE reserves the right to investigate violations of these Terms of Use and may involve, and cooperate with, law enforcement authorities in prosecuting users who are involved in such violations.

4.3. IFSE reserves the right at all times to disclose any usage information or Communications provided by you as necessary to satisfy any law, regulation or governmental request, or to edit, refuse to post or remove any Communications, in whole or in part and without notice for any reason in IFSE’s sole discretion.

4.4. You agree that you are solely responsible for ensuring that you comply with all applicable laws when using the IFSE Sites.

5. Intellectual Property

5.1. You acknowledge that the IFSE Sites, processes, methods and Content is protected by copyright, trademark and other proprietary rights and laws and that all intellectual property rights in and to the IFSE Sites and Content are the sole property of IFSE or its licensors. Your use of the IFSE Sites and Content does not give you any ownership or interest in any intellectual property in or related to the IFSE Sites or Content. You acknowledge that all rights to IFSE trademarks or logos, the Content appearing on the IFSE Sites and the “look and feel” of the IFSE Sites belong to IFSE. You will not at any time directly or indirectly contest or infringe these rights.

5.2. The service names, company names and logos used on the IFSE Sites may be trademarks, including registered trademarks of IFSE. Such names, logos and service names may not be copied, imitated or used, in whole or in part, without the prior written consent of IFSE. Other services and company names mentioned on the IFSE Sites may be the trademarks of their respective owners. Except for the limited license to use the Licensed Marks granted in Section 6.3 (b), you may not use any of IFSE trademarks or service marks for any reason without IFSE’s prior written permission.

5.3. Subject to your compliance with these Terms of Use, and any restrictions set out herein, IFSE grants you a non-exclusive, non-transferable, personal, revocable, limited license to use the IFSE Sites and to download and use Content in accordance with these Terms of Use. You may also display, print and use the Content in accordance with these Terms of Use. You acknowledge that you do not acquire any ownership rights by downloading the Content.

5.4. You may only use the Content for participating in: (a) educational activities provided through the Learning Portal; (b) reports provided through the BI Portal; (c) employment or recruitment activities on Careerlink; or (d) receiving any Services provided through the IFSE Sites. Content may constitute IFSE’s Confidential Information, and you will not share, distribute, disseminate or disclose any such Content or information with any third parties without IFSE’s prior written consent.

5.5. If you provide IFSE with any submission or any feedback, suggestion, input, report or data, whether through the IFSE Sites, by email, orally, by action or by any other means, (collectively “Feedback”) IFSE may or may not review such Feedback. You hereby assign to IFSE any and all intellectual property rights in the Feedback. Without limitation thereof, you agree that IFSE may use any Feedback for any purpose whatsoever, including without limitation, the creation, improvement and/or marketing of IFSE services, products or Content. Feedback shall not be treated as confidential information.

5.6. Software, including calculator software, as well any files or images generated by such software, code and data accompanying such software (the “Software“), used or accessible through this IFSE Sites is the copyrighted and proprietary work of IFSE or its licensors. Unless provided for elsewhere, you are licensed to use the Software on a non-exclusive basis for the purposes expressly stated in these Terms of Use.

6. Third Party and Linked Sites

6.1. Certain links on the IFSE Sites may take you to other web sites. IFSE provides these links only as a convenience. These linked sites are not necessarily under the control of IFSE. If you use these sites, you may leave the IFSE Sites. 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.

6.2. IFSE is not responsible for the contents of any such linked page or any other page not under its control. IFSE makes no representation or warranty regarding, and does not endorse, any linked web sites, the information appearing on them or any of the products or services described. Links do not imply that IFSE 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 IFSE.

6.3. In accordance with these Terms of Use, you may provide links to the IFSE Sites. By establishing a link to any IFSE Site, you agree to the following:

(a) Except for the links provided in this Section 6.3, you must obtain IFSE’s consent before linking to any other IFSE Site. You may establish links, without consent, to the following IFSE Sites: https://www.ifse.ca/, and https://www.ifse.ca/fr/.

(b) If you link to IFSE Sites, IFSE grants you a limited, non-exclusive, non-transferable, royalty-free license to use the IFSE trademark and Internet icons, if available, (the “Licensed Marks“) solely for the purpose of serving as a link from your web site to the IFSE Sites.

(c) You may not create frames around any part of the IFSE Sites or use other techniques that alter the visual presentation of the IFSE Sites and you may not imply that IFSE is endorsing you or your products or services;

(d) You may not imply an affiliation between you/your company and IFSE without the prior written consent of IFSE.

(e) You may not misrepresent your relationship with IFSE or present false or misleading impressions about IFSE services. Your webpage may not contain materials that may be interpreted as distasteful or offensive and should be appropriate for all age groups.

(f) IFSE shall have no responsibility or liability for any content appearing on your website.

(g) IFSE may at any time, in its sole discretion, immediately terminate your license to use the Licensed Marks, with or without cause. If IFSE exercises this right, you will immediately remove all links to the IFSE Sites and cease using the Licensed Marks.

7. Termination

7.1. IFSE may, in its sole discretion, cancel or terminate your right to use the IFSE Sites, or any part of service of the IFSE Sites, at any time without notice. In the event of termination, you are no longer authorized to access the IFSE Sites or part of the IFSE Sites affected by such cancellation or termination. The restrictions imposed on you with respect to both the Content and the IFSE Sites shall survive. IFSE shall not be liable to any party for such termination.

7.2. If your right to use the IFSE Sites or any part of the IFSE Sites is cancelled or terminated by IFSE, any outstanding debts you have to IFSE will become due and payable immediately. Accounts in good standing and with no outstanding debts will be closed.

8. Liability

8.1. You are solely responsible for your interactions with other users of the IFSE Sites.

8.2. TO THE EXTENT ALLOWABLE BY APPLICABLE LAW, UNDER NO CIRCUMSTANCES WILL IFSE OR ITS AFFILIATES, DIRECTORS, OFFICERS, EMPLOYEES, AGENTS, PARTNERS OR LICENSORS BE LIABLE TO YOU FOR ANY DAMAGES WHATSOEVER, INCLUDING DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY DAMAGES HOWEVER CAUSED, WHETHER IN CONTRACT, TORT, OTHERWISE OR ANY LOST REVENUE, LOST PROFITS, ECONOMIC LOSS, ANTICIPATED PROFITS, LOST BUSINESS OR INJURY TO BUSINESS REPUTATION OR GOODWILL, OR COST OF PROCUREMENT OF SUBSTITUTE SERVICES, UNDER ANY THEORY OF LIABILITY OR CAUSE OF ACTION, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. NOTWITHSTANDING THE FOREGOING, IN NO EVENT WILL IFSE OR ITS AFFILIATES’, DIRECTORS’, OFFICERS’, EMPLOYEES’, AGENTS’, PARTNERS’ OR LICENSORS’ TOTAL CUMULATIVE LIABILITY TO YOU, WHETHER ARISING IN TORT (INCLUDING NEGLIGENCE), CONTRACT OR OTHERWISE, ARISING OUT OF OR RELATING TO THESE TERMS OF USE OR THE CONTENT OR THE USE THEREOF, EXCEED A TOTAL OF ONE HUNDRED DOLLARS ($100.00 CDN).

9. Indemnification

9.1. You agree to indemnify and hold IFSE, its affiliates, partners and suppliers and each of their respective directors, officers, employees, consultants, agents and suppliers harmless from any claim or demand, including reasonable legal fees, which may be incurred by reason of or in connection with your use of the IFSE Sites or your breach of or failure to comply with these Terms of Use or for any violation of any law or regulation by you.

10. Disclaimer

10.1. YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OR RELIANCE ON THE IFSE SITES OR CONTENT IS AT YOUR SOLE RISK. THE IFSE SITES AND CONTENT ARE PROVIDED “AS IS”. IFSE PROVIDES THE IFSE SITES, CONTENT AND SERVICES WITHOUT WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES, REPRESENTATIONS AND CONDITIONS OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL PROPERTY. IFSE EXPRESSLY DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, AND PERFORMANCE OF THE IFSE SITES AND DOES NOT GUARANTEE UNINTERRUPTED OPERATION OF THE IFSE SITES.

10.2. YOU EXPRESSLY UNDERSTAND AND AGREE THAT IFSE DISCLAIMS ANY AND ALL RESPONSIBILITY OR LIABILITY FOR THE ACCURACY, CONTENT, COMPLETENESS, RELIABILITY, OPERABILITY OR AVAILABILITY OF THE IFSE SITES OR CONTENT.

10.3. No lawyer-client, advisory, fiduciary or other relationship is created by accessing or otherwise using the IFSE Sites.

10.4. WITH RESPECT TO CAREERLINK, IFSE DOES NOT SCREEN OR CENSOR THE LISTINGS OFFERED. AS A RESULT, IFSE HAS NO CONTROL OVER THE QUALITY, SAFETY OR LEGALITY OF THE JOBS OR RESUMES POSTED, THE TRUTH OR ACCURACY OF THE LISTINGS, THE ABILITY OF RECRUITERS OR EMPLOYERS TO OFFER JOB OPPORTUNITIES TO CANDIDATES OR THE ABILITY OF CANDIDATES TO FILL JOB OPENINGS. IN ADDITION, THERE MAY BE RISKS, INCLUDING BUT NOT LIMITED TO RISK OF PHYSICAL HARM OF DEALING WITH STRANGERS, FOREIGN NATIONALS, UNDERAGE PERSONS OR PEOPLE ACTING UNDER FALSE PRETENCES. YOU ASSUME ALL RISKS ASSOCIATED WITH DEALING WITH OTHER USERS WITH WHOM YOU COME IN CONTACT THROUGH THE IFSE SITES. IFSE SHALL NOT BE RESPONSIBLE FOR ANY EMPLOYMENT DECISIONS, FOR WHATEVER REASON MADE, BY ANY ENTITY POSTING JOBS ON THE SITE.

10.5. IFSE CANNOT AND DOES NOT CONFIRM THAT EACH USER IS WHO THEY CLAIM TO BE. BECAUSE IFSE DOES NOT AND CANNOT BE INVOLVED IN USER-TO-USER DEALINGS OR CONTROL THE BEHAVIOR OF PARTICIPANTS ON THE IFSE SITES, IF YOU HAVE A DISPUTE WITH ONE OR MORE USERS, YOU RELEASE IFSE (AND OUR AGENTS AND EMPLOYEES) 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.

10.6. IFSE is under no legal obligation to, and generally does not, control the Communications provided by other users which is made available through IFSE Sites. Other people’s information and Communications may be offensive, harmful or inaccurate, and in some cases will be mislabelled or deceptively labelled.

10.7. You acknowledge and agree that you are solely responsible for the form, content and accuracy of any resume, posting or other Communications placed by you, as applicable on the IFSE Sites.

11. General

11.1. Applicable Law: The IFSE Sites are controlled, operated and administered by IFSE from its offices within Canada. IFSE makes no representation or warranty that Content or the IFSE Sites are appropriate or available for use at any locations outside Canada. The Terms of Use shall be governed and construed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. You and IFSE agree to submit to the personal and exclusive jurisdiction of the courts located in Toronto, Ontario, Canada.

11.2. Arbitration: If any dispute arises between you and IFSE concerning the interpretation of these Terms of Use or any part of it (a “Dispute”), the Dispute shall be submitted to arbitration in Toronto, Canada, in accordance with the Arbitration Act, 1991 (Ontario). Notwithstanding the foregoing, Section 11.2 shall not apply to Disputes arising from a breach of Section 4 (User Conduct) or Section 5 (Intellectual Property), in which cases either party may commence litigation proceedings immediately without following the processes set forth above.

11.3. Waiver: You hereby waive any right to a jury trial or trial by way of a class action, in connection with any controversy or claim arising out of or related to these Terms of Use.

11.4. No Limitation: Nothing in these Terms of Use shall limit any right that IFSE may have at law, by agreement or otherwise.

11.5. Severability: If any provision of these Terms of Use is found by a court of competent jurisdiction to be invalid, illegal or unenforceable, the parties agree that the court should endeavour to give effect to the parties’ intentions as reflected in that provision and the other provisions of these Terms of Use shall remain in full force and effect.

11.6. Relationship: The relationship of the parties is solely that of independent contractors and neither party shall have any authority to act for or bind the other party.

11.7. Waiver: The failure of IFSE to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

11.8. Additional Terms of Use: Certain areas of the IFSE Sites may be subject to additional terms and conditions. By using such areas, or any part thereof, you agree to be bound by the additional terms and conditions of the applicable areas.

11.9. Contact: Any questions or complaints related to IFSE should be communicated to IFSE directly at [https://www.ifse.ca/contact/].