PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THE PORTAL OR DOWNLOADING ANY OF THE MATERIALS MADE AVAILABLE ON THIS PORTAL. These Terms of Use constitute a legally binding agreement between you and CCAB regarding your use of and access to the Portal, which includes without limitation visiting or browsing the Portal.
1. Introduction
The following terms and conditions (the “Terms of Use”) are the Terms of Use for the Tools and Financing for Aboriginal Business portal www.ccab.com/TFAB (the “Portal”) made available by the Canadian Council for Aboriginal Business (“CCAB”, “we”, “us” or “our”).
The contents of the Portal include, without limitation, all information, data, products, materials, services, software applications and tools, design elements, text, images, photographs, illustrations, audio and video contents, artwork, graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Portal” includes all of the Contents. Certain materials, tools and services relating to business planning, financing, operations, human resources, legal and regulatory, communications, marketing, networking, certification, computers and technology, as well as coaching and mentorship services, and such other tools and services that may be added from time to time (collectively the “TFAB Materials” and “Services”) are made available through the Portal by CCAB’s partners identified on the Portal (each a “Provider”).
Certain TFAB Materials and Services, including mentorship services, procurement tools, a community forum and such other tools and services that may be added from time to time by us are only made available through the Portal to registered CCAB members. For more information on how to access the member portion of the Portal, please visit https://www.ccab.com/joinccab.
These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with CCAB, unless otherwise agreed to in writing by CCAB. If you breach any of these Terms of Use, your authorization to use the Portal automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Portal.
Certain TFAB Materials (as defined below) and Services on the Site may have additional terms (such as policies, guidelines, and rules) that will further govern your use of those particular TFAB Materials or Services and supplement these Terms of Use. If you choose to register for or access any such TFAB Materials or Services, you will be presented with any relevant additional terms and conditions at that time. By using those TFAB Materials or Services, you agree to comply with such additional terms, conditions, guidelines and/or rules.
2. Provision of the Portal by CCAB
You acknowledge and agree that the form and nature of the Portal may change from time to time without prior notice to you.
You acknowledge and agree that CCAB may stop (permanently or temporarily) providing the Portal (or any features within the Portal) to you or to users generally, at CCAB’s sole discretion, without prior notice to you. You may stop using the Portal at any time. You do not need to inform CCAB when you stop using the Portal or any of its features.
3. Use of the Portal by You
Your use of the Portal is subject to all applicable local, provincial, state and federal laws and regulations.
Unless you have been specifically permitted to do so in writing by CCAB, you agree that you will not reproduce, duplicate, copy, sell, trade or resell the Contents for any purpose.
You agree that you are solely responsible for (and that CCAB has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage which CCAB may suffer) of any such breach.
4. Use of Services
Although CCAB takes certain steps to examine the credentials of our listed Providers, CCAB makes no guarantees or representations regarding the skills or representations of such Providers or the quality of the work that such Providers may perform for your business if you elect to retain their services. CCAB does not endorse or recommend the services of any particular Provider. It is entirely up to you to: (i) evaluate a Provider’s qualifications and experience, (ii) determine whether a particular Provider’s Services will meet your requirements, and (iii) enter into a direct contract or otherwise reach an agreement with a Provider. CCAB DOES NOT GUARANTEE OR WARRANT ANY PROVIDER’S PERFORMANCE OR THE OUTCOME OR QUALITY OF THE SERVICES PERFORMED. The Providers are not employees or agents of CCAB, nor is CCAB an agent of the Providers.
CCAB is not a broker/dealer or registered investment advisor under Ontario securities law or securities laws of other jurisdictions and does not advise individuals as to the advisability of investing in, purchasing, or selling securities or other financial products or services. Nothing contained in the Services is an offer or solicitation to buy or sell any security. Nothing in the Services is intended to be professional advice, including but not limited to, investment or tax advice.
Should you have a dispute with any Provider, you must address such dispute with the Provider directly. YOU HEREBY AGREE TO RELEASE CCAB (AND OUR OFFICERS, DIRECTORS, AFFILIATES, EMPLOYEES AND AGENTS) FROM ANY CLAIMS OR DAMAGES (INCLUDING CONSEQUENTIAL AND INCIDENTAL DAMAGES) OF EVERY KIND OR NATURE, SUSPECTED AND UNSUSPECTED, KNOWN AND UNKNOWN, AND DISCLOSED OR UNDISCLOSED, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTES AND YOUR DEALINGS WITH PROVIDERS.
5. Use of TFAB Materials
CCAB may make available on the Portal certain information, materials and tools (“TFAB Materials”) owned by CCAB or our Providers to assist entrepreneurs and businesses with their business ventures. CCAB grants you a non-exclusive, non-transferable right to access and use the TFAB Materials for your internal business purposes. The TFAB Materials may not be distributed, sold, resold or otherwise exploited for any commercial purpose, commercial advantage or monetary compensation, unless you have been permitted to do so in writing by CCAB or the applicable Provider.
The TFAB Materials are provided for information purposes only, unless otherwise indicated, and are not intended to provide legal, financial, tax or other professional advice or create any client or legal relationship between you and CCAB or our Providers. You should not rely on the materials without first seeking advice from a qualified professional.
6. Use of the Portal through Mobile Devices
You may access and use the Portal through a mobile device. You are solely responsible for any software requirements and for any data charges and fees associated with accessing and using the Portal through a mobile device.
7. Privacy and Confidentiality
CCAB is committed to take all reasonable measures to protect your privacy with respect to the personal information that you may provide in connection with your use of the Portal and will give effect to the principles, terms, and conditions contained in its Privacy Policy in accordance with applicable privacy legislation, including the requirements, procedures, exclusions, and exceptions provided therein.
Notwithstanding the foregoing, you should be aware that, unfortunately, no data transmission over the Internet can be guaranteed to be secure. As a result, CCAB does not represent, warrant or guarantee that personal information will be protected against loss, misuse or alteration.
CCAB may collect your online activity information in its websites and in this Portal, or in CCAB advertisements hosted on third party websites, using cookies and other tracking technology. Your online activity information may be used together with other information we have about you to assess the effectiveness of online promotions, to gather data about website functionality, to understand your interests and needs, to provide you with a customized online experience and to communicate to you information about products and services that may be of interest to you. The consent in this Section 7 will not change any other consent, authorization or preference you have given or may give regarding the collection, use and disclosure of your personal information.
For details on the manner in which we collect, use, disclose and otherwise manage your personal information, please review our Privacy Policy.
8. Accepting the Terms of Use and Additional Terms
By accessing and using the Portal in any manner, you acknowledge that you have read these Terms of Use and all of the terms and conditions contained herein. Before continuing to use the Portal, please read these Terms of Use and contact us if you have any questions.
CCAB reserves the right to amend, modify and supplement these Terms of Use from time to time as it sees fit with additional terms and conditions that govern certain information, content, products and services made available to you via the Portal (“Additional Terms”). By accessing and using the Portal, you accept and agree to comply with and be bound by such Additional Terms. Please review these Terms of Use from time to time to ensure that you are aware of and understand any Additional Terms.
The Additional Terms are hereby incorporated by reference into these Terms of Use and form part of the legally binding agreement between you and us. To the extent that there is a conflict between these Terms of Use and any Additional Terms, the Additional Terms shall govern. These Terms of Use will remain in full force and effect as long as you are a user of the Portal and, in the event of termination of any product, service or feature, you will still be bound by your obligations under these Terms of Use and any Additional Terms.
9. Links to Third-Party Portals
Use of certain links on the Portal will direct you away from the Portal to third party websites, including the websites of Providers. Such third party websites are not under the control of CCAB, and CCAB is not responsible for the contents of any such website or any link contained in such website. The third party links included on the Portal are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by CCAB of any such website or the products or services offered therein. If you decide to access any of the third party websites linked to the Portal, you do so entirely at your own risk. You acknowledge and agree that CCAB shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by, or in connection with the use of or reliance on any such third party website.
10. Ownership of Intellectual Property Rights
The Portal together with all trade-marks and other intellectual property displayed, distributed, or otherwise made available via the Portal (other than TFAB Materials made available by Providers), are the exclusive property of CCAB, and its successors, assigns, licensors, and/or suppliers. Unless you have agreed otherwise in writing with CCAB, nothing in these Terms of Use gives you a right to use any of the Contents, CCAB’s trade-marks or other intellectual property of CCAB. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Portal to any party.
No information or statement contained in these Terms of Use or the Portal shall be construed as conferring, directly or by implication, estoppel or otherwise, any license or right under any patent, copyright, trade-mark, or other intellectual property right of CCAB or any third party. You must not alter, delete, or conceal any copyright or other notices contained on the Portal, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Portal.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Portal without CCAB’s prior permission. We may, however, if requested, grant a limited, non-exclusive right to create a link to the Portal provided that such link is to the entry page of the Portal and does not portray CCAB or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
The limited rights granted to you under these Terms of Use may be revoked by CCAB at any time for any reason whatsoever.
11. Third-Party Information
Any third party content, data or publications made available through the Portal are furnished by CCAB on an “as is” basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Portal, are those of the respective author(s) or publisher(s) and not of CCAB. CCAB DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
12. No Warranty
YOU EXPRESSLY UNDERSTAND AND AGREE THAT YOUR USE OF THE PORTAL IS AT YOUR SOLE RISK AND THAT THE PORTAL, THE TFAB MATERIALS AND THE SERVICES ARE MADE AVAILABLE TO YOU BY CCAB “AS IS” AND “AS AVAILABLE.”
ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE PORTAL IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
NO SERVICES, ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM CCAB OR THROUGH OR FROM THE PORTAL SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THESE TERMS OF USE.
CCAB MAKES NO WARRANTY AS TO THE ACCURACY, COMPLETENESS OR RELIABILITY OF ANY TFAB MATERIALS MADE AVAILABLE ON THE PORTAL. YOU ARE RESPONSIBLE FOR VERIFYING ANY INFORMATION BEFORE RELYING ON IT. USE OF THE TFAB MATERIALS AVAILABLE ON THE PORTAL IS AT YOUR SOLE RISK.
CCAB FURTHER EXPRESSLY DISCLAIMS ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT CCAB SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL CONSEQUENTIAL OR EXEMPLARY DAMAGES WHICH MAY BE INCURRED BY YOU IN CONNECTION WITH YOUR USE OF THE PORTAL, HOWEVER CAUSED AND UNDER ANY THEORY OF LIABILITY INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF PROFIT, LOSS OF GOODWILL OR BUSINESS REPUTATION, LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS.
THE LIMITATIONS ON CCAB’S LIABILITY TO YOU IN THIS SECTION SHALL APPLY WHETHER OR NOT CCAB HAS BEEN ADVISED OF OR SHOULD HAVE BEEN AWARE OF THE POSSIBILITY OF ANY SUCH LOSSES ARISING.
14. Indemnity
Users agree to indemnify and hold CCAB, its affiliated companies and their respective agents, employees, directors and officers, harmless from any claim or demand, cause of action, liabilities and costs including reasonable lawyer’s fees made by any third party due to or arising out of: (i) your use of the Portal and the TFAB Materials, Services, information, publications, solutions and products provided on the Portal; (ii) your violation of these Terms of Use or any other terms and conditions under any other agreement applicable to any TFAB Materials, Services, Content, information, publication, or product provided on the Portal; (iii) any misrepresentations made by you; or (iv) your violation of any rights of another.
CCAB reserves the exclusive right, at your expense, to conduct the defence and assume control of any matter, subject to indemnification by you, in which event you shall cooperate with CCAB in asserting any and all available defences.
15. Termination
We may terminate your use of the Portal and/or access to the Contents, TFAB Materials, Services, features, functionality and products made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and CCAB have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected by such termination.
16. General
These Terms of Use, together with any Additional Terms constitute the entire agreement between you and CCAB relating to your use and our provision of the Portal.
You agree that CCAB may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Portal.
You agree that if CCAB does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which CCAB has the benefit of under any applicable law), this will not be taken to be a formal waiver of CCAB’s rights and that those rights or remedies will still be available to CCAB.
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.
No e-mail address found on the Portal may be harvested or otherwise used for purposes of solicitation.
17. Obtaining CCAB’s Consent
To request the consent of CCAB for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to tfab@ccab.com. CCAB reserves the right to refuse any such requests in its sole discretion.
YOU ACKNOWLEDGE THAT YOU HAVE READ AND UNDERSTOOD THESE TERMS OF USE AND AGREE TO BE BOUND THEREBY. YOU ACKNOWLEDGE AND AGREE THAT EACH TIME YOU SUBMIT INFORMATION OR CONDUCT ANY OTHER TRANSACTION IN CONNECTION WITH A PROVIDER OR A CONTENT PROVIDER, EACH SUCH TRANSACTION CONSTITUTES YOUR AGREEMENT AND INTENT TO BE BOUND BY THESE TERMS OF USE.
