TERMS

TERMS OF SERVICE

Disclaimer

Some of the information and services found on this Web site have been provided by external sources. We are not responsible for the accuracy, reliability or currency of the information or services provided by external sources. Users wishing to rely upon this information or services should consult directly with the appropriate source.

 

Terms of Service

This website is operated by Safe-Tech Training Inc. Throughout the site, the terms “we”, “us” and “our” refer to Safe-Tech Training Inc.

Safe-Tech Training Inc. offers this website, including all information, tools and services available from this site to you, the user, conditioned upon your acceptance of all terms, conditions, policies and notices stated here.

By visiting our site and/ or purchasing something from us, you engage in our “Service” and agree to be bound by the following terms and conditions (“Terms of Service”, “Terms”), including those additional terms and conditions and policies referenced herein and/or available by hyperlink. These Terms of Service apply to all users of the site, including without limitation users who are browsers, vendors, customers, merchants, and/ or contributors of content.

Please read these Terms of Service carefully before accessing or using our website. By accessing or using any part of the site, you agree to be bound by these Terms of Service. If you do not agree to all the terms and conditions of this agreement, then you may not access the website or use any services. If these Terms of Service are considered an offer, acceptance is expressly limited to these Terms of Service.

Any new features or tools which are added to the current store shall also be subject to the Terms of Service. You can review the most current version of the Terms of Service at any time on this page. We reserve the right to update, change or replace any part of these Terms of Service by posting updates and/or changes to our website. It is your responsibility to check this page periodically for changes. Your continued use of or access to the website following the posting of any changes constitutes acceptance of those changes.

Registration and participation on the Site is restricted to those individuals who are over 18 years of age and are fully able and competent to enter into the terms, conditions, and obligations herein and to make the affirmations, representations and warranties herein. By registering or participating in the Services or functions on the Site, you hereby represent that you are over 18 years of age and have the authority to enter into these Terms of Use. In addition, those who wish to register and participate in the Services must meet the minimum requirements laid out in the Terms of Use.

Safe-Tech Training Inc. whose registered office is in Bolton, ON controls the personal data collected on this Website.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colors and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any color will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

All text, graphics, user interfaces, visual interfaces, photographs, trademarks, logos, sounds, music, artwork and computer code (collectively, “Content”), including but not limited to the design, structure, selection, coordination, expression, “look and feel” and arrangement of such Content, contained on the Site is owned, controlled or licensed by or to Safe-Tech Training Inc., and is protected by trade dress, copyright, patent and trademark laws, and various other intellectual property rights and unfair competition laws.

Except as expressly provided in these Terms of Use, no part of the Site and no Content may be copied, reproduced, republished, downloaded, uploaded, posted, publicly displayed, encoded, translated, transmitted or distributed in any way (including “mirroring”) to any other computer, server, Web site or other medium for publication or distribution, for any non-commercial or commercial purpose, without Safe-Tech Training Inc.’s express prior written consent.

You may download and print from the Site information about Safe-Tech Training Inc. products and services (such as data sheets, knowledge base articles, and similar materials) expressly made available by Safe-Tech Training Inc. for such purposes, provided that you (1) not remove any proprietary notices in copies of such documents, (2) use and copy such information only for your personal, non commercial informational purpose, (3) do not copy or post or otherwise make available such information on any networked computer or broadcast or disseminate such information in any media, (3) make no modifications to any such information, and (4) make no additional representations or warranties relating to such documents.

By agreeing to these Terms of Service, you represent that you are at least the age of majority in your province or state of residence, or that you are the age of majority in your province or state of residence and you have given us your consent to allow any of your minor dependents to use this site.

You may not use our products for any illegal or unauthorized purpose nor may you, in the use of the Service, violate any laws in your jurisdiction (including but not limited to copyright laws).

You must not transmit any worms or viruses or any code of a destructive nature.

A breach or violation of any of the Terms will result in an immediate termination of your Services.

Prices for our products are subject to change without notice.

We reserve the right at any time to modify or discontinue the Service (or any part or content thereof) without notice at any time.

We shall not be liable to you or to any third-party for any modification, price change, suspension or discontinuance of the Service.

Certain products or services may be available exclusively online through the website. These products or services may have limited quantities and are subject to return or exchange only according to our Return Policy.

We have made every effort to display as accurately as possible the colours and images of our products that appear at the store. We cannot guarantee that your computer monitor’s display of any colour will be accurate.

We reserve the right, but are not obligated, to limit the sales of our products or services to any person, geographic region or jurisdiction. We may exercise this right on a case-by-case basis.

We reserve the right to limit the quantities of any products or services that we offer. All descriptions of products or product pricing are subject to change at any time without notice, at the sole discretion of us. We reserve the right to discontinue any product at any time. Any offer for any product or service made on this site is void where prohibited.

We do not warrant that the quality of any products, services, information, or other material purchased or obtained by you will meet your expectations, or that any errors in the Service will be corrected.

We are not responsible if information made available on this site is not accurate, complete or current.

The material on this site is provided for general information only and should not be relied upon or used as the sole basis for making decisions without consulting primary, more accurate, more complete or more timely sources of information. Any reliance on the material on this site is at your own risk.

This site may contain certain historical information. Historical information, necessarily, is not current and is provided for your reference only. We reserve the right to modify the contents of this site at any time, but we have no obligation to update any information on our site. You agree that it is your responsibility to monitor changes to our site.

We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. In the event that we make a change to or cancel an order, we may attempt to notify you by contacting the e-mail and/or billing address/phone number provided at the time the order was made. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors.

You agree to provide current, complete and accurate purchase and account information for all purchases made at our store. You agree to promptly update your account and other information, including your email address and credit card numbers and expiration dates, so that we can complete your transactions and contact you as needed.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

If, at our request, you send certain specific submissions (for example contest entries) or without a request from us you send creative ideas, suggestions, proposals, plans, or other materials, whether online, by email, by postal mail, or otherwise (collectively, ‘comments’), you agree that we may, at any time, without restriction, edit, copy, publish, distribute, translate and otherwise use in any medium any comments that you forward to us. We are and shall be under no obligation (1) to maintain any comments in confidence; (2) to pay compensation for any comments; or (3) to respond to any comments.

We may, but have no obligation to, monitor, edit or remove content that we determine in our sole discretion are unlawful, offensive, threatening, libelous, defamatory, pornographic, obscene or otherwise objectionable or violates any party’s intellectual property or these Terms of Service.

You agree that your comments will not violate any right of any third-party, including copyright, trademark, privacy, personality or other personal or proprietary right. You further agree that your comments will not contain libelous or otherwise unlawful, abusive or obscene material, or contain any computer virus or other malware that could in any way affect the operation of the Service or any related website. You may not use a false e-mail address, pretend to be someone other than yourself, or otherwise mislead us or third-parties as to the origin of any comments. You are solely responsible for any comments you make and their accuracy. We take no responsibility and assume no liability for any comments posted by you or any third-party.

We may provide you with access to third-party tools over which we neither monitor nor have any control nor input.

You acknowledge and agree that we provide access to such tools ”as is” and “as available” without any warranties, representations or conditions of any kind and without any endorsement. We shall have no liability whatsoever arising from or relating to your use of optional third-party tools.

Any use by you of optional tools offered through the site is entirely at your own risk and discretion and you should ensure that you are familiar with and approve of the terms on which tools are provided by the relevant third-party provider(s).

We may also, in the future, offer new services and/or features through the website (including, the release of new tools and resources). Such new features and/or services shall also be subject to these Terms of Service.

Certain content, products and services available via our Service may include materials from third-parties.

Third-party links on this site may direct you to third-party websites that are not affiliated with us. We are not responsible for examining or evaluating the content or accuracy and we do not warrant and will not have any liability or responsibility for any third-party materials or websites, or for any other materials, products, or services of third-parties.

We are not liable for any harm or damages related to the purchase or use of goods, services, resources, content, or any other transactions made in connection with any third-party websites. Please review carefully the third-party’s policies and practices and make sure you understand them before you engage in any transaction. Complaints, claims, concerns, or questions regarding third-party products should be directed to the third-party.

Your submission of personal information through the store is governed by our Privacy Policy.

In addition to other prohibitions as set forth in the Terms of Service, you are prohibited from using the site or its content: (a) for any unlawful purpose; (b) to solicit others to perform or participate in any unlawful acts; (c) to violate any international, federal, provincial or state regulations, rules, laws, or local ordinances; (d) to infringe upon or violate our intellectual property rights or the intellectual property rights of others; (e) to harass, abuse, insult, harm, defame, slander, disparage, intimidate, or discriminate based on gender, sexual orientation, religion, ethnicity, race, age, national origin, or disability; (f) to submit false or misleading information; (g) to upload or transmit viruses or any other type of malicious code that will or may be used in any way that will affect the functionality or operation of the Service or of any related website, other websites, or the Internet; (h) to collect or track the personal information of others; (i) to spam, phish, pharm, pretext, spider, crawl, or scrape; (j) for any obscene or immoral purpose; or (k) to interfere with or circumvent the security features of the Service or any related website, other websites, or the Internet. We reserve the right to terminate your use of the Service or any related website for violating any of the prohibited uses.

Occasionally there may be information on our site or in the Service that contains typographical errors, inaccuracies or omissions that may relate to product descriptions, pricing, promotions, offers, product shipping charges, transit times and availability. We reserve the right to correct any errors, inaccuracies or omissions, and to change or update information or cancel orders if any information in the Service or on any related website is inaccurate at any time without prior notice (including after you have submitted your order).

We undertake no obligation to update, amend or clarify information in the Service or on any related website, including without limitation, pricing information, except as required by law. No specified update or refresh date applied in the Service or on any related website, should be taken to indicate that all information in the Service or on any related website has been modified or updated.

We do not guarantee, represent or warrant that your use of our service will be uninterrupted, timely, secure or error-free.

We do not warrant that the results that may be obtained from the use of the service will be accurate or reliable.

You agree that from time to time we may remove the service for indefinite periods of time or cancel the service at any time, without notice to you.

You expressly agree that your use of, or inability to use, the service is at your sole risk. The service and all products and services delivered to you through the service are (except as expressly stated by us) provided ‘as is’ and ‘as available’ for your use, without any representation, warranties or conditions of any kind, either express or implied, including all implied warranties or conditions of merchantability, merchantable quality, fitness for a particular purpose, durability, title, and non-infringement.

In no case shall Safe-Tech Training Inc. Inc, our directors, officers, employees, affiliates, agents, contractors, interns, suppliers, service providers or licensors be liable for any injury, loss, claim, or any direct, indirect, incidental, punitive, special, or consequential damages of any kind, including, without limitation lost profits, lost revenue, lost savings, loss of data, replacement costs, or any similar damages, whether based in contract, tort (including negligence), strict liability or otherwise, arising from your use of any of the service or any products procured using the service, or for any other claim related in any way to your use of the service or any product, including, but not limited to, any errors or omissions in any content, or any loss or damage of any kind incurred as a result of the use of the service or any content (or product) posted, transmitted, or otherwise made available via the service, even if advised of their possibility. Because some states or jurisdictions do not allow the exclusion or the limitation of liability for consequential or incidental damages, in such states or jurisdictions, liability shall be limited to the maximum extent permitted by law.

You agree to indemnify, defend and hold harmless Safe-Tech Training Inc. and our parent, subsidiaries, affiliates, partners, officers, directors, agents, contractors, licensors, service providers, subcontractors, suppliers, interns and employees, harmless from any claim or demand, including reasonable attorneys’ fees, made by any third-party due to or arising out of your breach of these Terms of Service or the documents they incorporate by reference, or your violation of any law or the rights of a third-party.

In consideration of your being permitted to access or use the Site or Services, and/or your being permitted to participate in the Online Course, you hereby acknowledge and agree, for yourself and your heirs, executors, administrators, insurers and assigns, that:

(i) completion of the Online Course will not provide you with any qualification, certification, accreditation, designation or authorization, will not qualify you to operate any equipment or provide any services, and will not make you competent to operate any equipment or provide any services;

(ii) your access to, use of, and participation in, the Site, Services and Online Course are entirely at your own risk. You understand and acknowledge that access to or use of the Site or Services, participation in the Online Course, or use of or reliance on information provided in connection with the Site, Services or Online Course, may directly or indirectly result in expense, loss, damage, or injury to yourself or others, including but not limited to that directly or indirectly arising out of, or in connection with the use of or inability to use the Site, Services or Online Course, or in connection with any error, act or omission, defect, computer virus or system failure, unauthorized access, breach of privacy, or loss of any profit, goodwill or reputation, directly or indirectly relating in any way to the use of, access to or performance of Site, Services and/or Online Course. You further acknowledge that e-mail and other methods of transmitting information over the Internet may be subject to interference or scrutiny by third parties. The security and privacy of such communications cannot be assured by Safe-Tech Training Inc. or their employees, contractors, service providers and agents and you assume full and sole risk of transmitting any such communications;

(iii) you hereby release and discharge, to the fullest extent permitted by applicable law, Safe-Tech Training Inc., and their parents, subsidiaries, affiliates, service providers, insurers, and agents, and each of their directors, officers, employees, shareholders, successors, predecessors, agents and representatives, and all trainees, trainers and testers under the Online Course, all operators and owners of premises where training or testing under the Online Course is undertaken, and all employees, agents, representatives and family members of those persons (all of the foregoing collectively referred to as the “Releases”); from any and all demands, liabilities, complaints, claims, proceedings, actions, or causes of action for any direct or indirect losses, injury (including but not limited to death or serious permanent injury), expense, costs (including, without limitation, any lawyers’ fees), harm and/or damages of any nature whatsoever, arising directly or indirectly as a consequence of, or in any way relating to, the Site, Services and/or Online Course, including, without limitation, any that may be caused or contributed to, in whole or in part, by any negligence, breach, or wrongful act or omission of the part of any one or more of the Releases;

(iv) you hereby agree to assume full responsibility for any and all direct and indirect losses, injury (including but not limited to death or serious permanent injury), demands, liabilities, complaints, expense, costs (including, without limitation, any lawyers’ fees), risk, harm and damages of any nature whatsoever, known or unknown, arising directly or indirectly as a consequence of, or in any way relating to, your use or misuse of the Site, use or misuse of the Services, your participation in the Online Course, your use or misuse of information or resources contained on or accessible through the Site, your infringement of any intellectual property rights, any breach of the Terms of Use, and/or due to any act, error, omission, default or negligence on your part or on the part of any third party who has accessed the Site, Services or Online Course (including without limitation the information and/or resources provided therein) directly or indirectly via you, your connection, your account username and password, or your Online training course access key. Without limiting the foregoing, you hereby expressly acknowledge and agree to assume full and sole responsibility for any loss occasioned from your use of information relating to the Site, Services or Online Course; and

(v) you further agree to indemnify and hold harmless the Releases against and from any and all direct and indirect losses, injury (including but not limited to death or serious permanent injury), demands, liabilities, complaints, expense, costs (including, without limitation, any lawyers’ fees), claims, proceedings, actions, causes of action, settlements, awards, harm and damages of any nature whatsoever, arising directly or indirectly as a consequence of, or in any way relating to, your use or misuse of the Site, use or misuse of the Services, your participation in the Online Course, your use or misuse of information or resources contained on or accessible through the Site, your infringement of any intellectual property rights, any breach of the Terms and Conditions of Use, and/or due to any act, error, omission, default or negligence on your part or on the part of any third party who through has access to the Site, Services or Online Course (including without limitation the information and/or resources provided therein) directly or indirectly via you, your connection, your account username and password, or your Online training course access key.

In the event that any provision of these Terms of Service is determined to be unlawful, void or unenforceable, such provision shall nonetheless be enforceable to the fullest extent permitted by applicable law, and the unenforceable portion shall be deemed to be severed from these Terms of Service, such determination shall not affect the validity and enforceability of any other remaining provisions.

The obligations and liabilities of the parties incurred prior to the termination date shall survive the termination of this agreement for all purposes.

These Terms of Service are effective unless and until terminated by either you or us. You may terminate these Terms of Service at any time by notifying us that you no longer wish to use our Services, or when you cease using our site.

If in our sole judgment you fail, or we suspect that you have failed, to comply with any term or provision of these Terms of Service, we also may terminate this agreement at any time without notice and you will remain liable for all amounts due up to and including the date of termination; and/or accordingly may deny you access to our Services (or any part thereof).

You agree that all matters relating to your access to or use of the Site, including all disputes, will be governed by the laws of Canada and by the laws of the province of Ontario without regard to its conflicts of laws provisions. You agree to the personal jurisdiction by and venue in the courts of Ontario, Canada, and waive any objection to such jurisdiction or venue. Any claim under these Terms of Use must be brought within one (1) year after the cause of action arises, or such claim or cause of action is barred. Claims made under the separate terms and conditions of purchase for goods and services are not subject to this limitation. No recovery may be sought or received for damages other than out of pocket expenses, except that the prevailing party will be entitled to costs and attorneys’ fees. In the event of any controversy or dispute between Safe-Tech Training Inc. and you arising out of or in connection with your use of the Site, the parties shall attempt, promptly and in good faith, to resolve any such dispute. If we are unable to resolve any such dispute within a reasonable time (not to exceed thirty (30) days), then either party may submit such controversy or dispute to mediation. If the dispute cannot be resolved through mediation, then the parties shall be free to pursue any right or remedy available to them under applicable law.

The Site is controlled, operated and administered by or for Safe-Tech Training Inc. from locations within the United States and Canada. Due to the global nature of our business, personal information provided to Safe-Tech Training Inc. will be transferred outside of Canada and may be subject to the laws of other jurisdictions. For further information, please consult the Safe-Tech Training Inc. privacy policy. Although the Site is accessible worldwide, not all features, products or services discussed, referenced, provided or offered through or on the Site are available to all persons or in all geographic locations, or appropriate or available for use outside Canada. Safe-Tech Training Inc. reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service to any person or geographic area. Access to the Site from territories where the Site’s contents are illegal is prohibited. Any offer for any feature, product or service made on the Site is void where prohibited. If you choose to access the Site from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws.

You can review the most current version of the Terms of Service at any time at this page.

We reserve the right, at our sole discretion, to update, change or replace any part of these Terms of Service by posting updates and changes to our website. It is your responsibility to check our website periodically for changes. Your continued use of or access to our website or the Service following the posting of any changes to these Terms of Service constitutes acceptance of those changes.

The failure of us to exercise or enforce any right or provision of these Terms of Service shall not constitute a waiver of such right or provision.

These Terms of Service and any policies or operating rules posted by us on this site or in respect to The Service constitutes the entire agreement and understanding between you and us and govern your use of the Service, superseding any prior or contemporaneous agreements, communications and proposals, whether oral or written, between you and us (including, but not limited to, any prior versions of the Terms of Service).

Any ambiguities in the interpretation of these Terms of Service shall not be construed against the drafting party.

You may not use or export or re export any Content or any copy or adaptation of such Content, or any product or service offered on the Site, in violation of any applicable laws or regulations, including without limitation Canadian export laws and regulations.

If any of the provisions of these Terms of Use are held by a court or other tribunal of competent jurisdiction to be void or unenforceable, such provisions shall be limited or eliminated to the minimum extent necessary and replaced with a valid provision that best embodies the intent of these Terms of Use, so that these Terms of Use shall remain in full force and effect. These Terms of Use constitute the entire agreement between you and Safe-Tech Training Inc. with regard to your use of the Site, and any and all other written or oral agreements or understandings previously existing between you and Safe-Tech Training Inc. with respect to such use are hereby superseded and cancelled. Other than as provided in a purchase agreement you enter into with Safe-Tech Training Inc., Safe-Tech Training Inc. will not accept any counter offers to these Terms of Use, and all such offers are hereby categorically rejected. Safe-Tech Training Inc.’s failure to insist on or enforce strict performance of these Terms of Use shall not be construed as a waiver by Safe-Tech Training Inc. of any provision or any right it has to enforce these Terms of Use, nor shall any course of conduct between Safe-Tech Training Inc. and you or any other party be deemed to modify any provision of these Terms of Use. These Terms of Use shall not be interpreted or construed to confer any rights or remedies on any third parties. [Safe-Tech Training Inc. may freely transfer or assign any portion of its rights or delegate its obligations under these Terms of Use.] You shall not transfer or assign, by operation of law or otherwise, any portion of your rights or delegate your obligations under these Terms of Use without the prior written consent of Safe-Tech Training Inc.

Safe-Tech Training Inc. provides access to Safe-Tech Training Inc. international data and, therefore, may contain references or cross references to Safe-Tech Training Inc. products, programs and services that are not announced in your country. Such reference does not imply that Safe-Tech Training Inc. in your country intends to announce such products, programs or services.

Questions about the Terms of Service should be sent to us at info@safetechtraining.ca


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