905-493-7436 | 1-833-226-7436 info@canaphem.ca

canaPHEM Website Terms of Use

Last Updated May 1, 2017

General and Preliminary – Related Policies
We are canaPHEM (“canaPHEM” or “Us” or “Our”) the owners of an Ontario based educational services, first responder product supply and consulting business, and these are the terms of use under which we are prepared to grant you access to use our website www.canaphem.ca (the “Web site”).  BY ACCESSING, BROWSING AND USING OUR WEB SITE, YOU AGREE TO BE BOUND BY THESE WEB SITE TERMS OF USE, OUR PRIVACY POLICY, OUR TERMS OF SALE AND ALL APPLICABLE LAW. IF YOU DO NOT AGREE TO BE BOUND BY THESE WEB SITE TERMS AND APPLICABLE LAW EACH TIME YOU USE THIS WEB SITE OR YOU DO NOT HAVE THE AUTHORITY TO AGREE TO OR ACCEPT THESE WEB SITE TERMS, YOU MAY NOT USE THIS WEB SITE.

IN ADDITION TO THESE OTHER TERMS AND POLICIES, WHEN YOU PURCHASE A SERVICE OR PRODUCT ON OUR WEB SITE, YOU AGREE TO BE BOUND BY THE TERMS OF SALE.

canaPHEM is a registered trade name of the Ontario corporation, the Canadian Academy for Prehospital and Emergency Medicine Inc..

Changes To Terms Of Use
We reserve the right to add to or remove, modify or otherwise change any part of these Terms of Use at any time. Changes will be effective when the changed Terms of Use are posted on this Site. You should check the Terms of Use frequently for changes by checking the date next to “Last Updated” at the top of this document. If any change to the Terms of Use is not acceptable to you, you should discontinue your use of this Site immediately. Your continued use of this Site after changes to the Terms of Use are posted means you accept the changes.

Changes To This Site
We may terminate, change, suspend or discontinue any aspect of this Web Site including all products, services and even online educational courses at any time without notice. We may change the availability of any features, services or products, add new services or products and change the pricing for all products and services and otherwise add, remove, modify or otherwise change any contents on this Web Site, impose limits on certain features or restrict access to parts or all of this Site. We reserve the right, but not the duty, to correct any errors or omissions in any portion of this Web Site at any time without notice.

License to Access the Web Site
We happily grant you a limited licence to view this Web Site, to print individual pages from the Web Site, and electronically copy pages from the Web Site for the sole purpose of using materials it contains for informational and non-commercial, personal uses only. This licence grant is conditional on you  complying with these Web Site Terms of Use.

If you have ordered an online educational course from Us, We grant you the non-transferable right to personally view that course, one time, on demand in streaming video.

You may not remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from this Web Site.

Intellectual Property
All Web Site materials are owned or licensed by Us and are protected by Canadian and international copyright, trademark and other applicable laws.

canaPHEM and the Canadian Academy for Prehospital and Emergency Medicine inc. are unregistered trademarks owned by canaPHEM Corporation or its affiliates and their respective designs and/or logos, are unregistered trademarks of canaPHEM or its affiliates and may not be copied, imitated or used, in whole or in part, without the prior written permission of canaPHEM. In addition, all page headers, custom graphics, button icons, and scripts are trademarks and/or trade dress of canaPHEM, and may not be copied, imitated, or used, in whole or in part, without Our prior written permission.

Except as stated in these Terms of Use (see paragraph 2 ***), none of Our materials and intellectual property may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including, but not limited to, electronic, mechanical, photocopying, recording or otherwise, without Our prior written permission or the respective intellectual property owner.

Hyperlinks and Third Party Links
You are granted a limited, non-exclusive license to create a hypertext link to Our home page only (www.canaphem.ca), provided such link does not portray Us or any of Our products and services in a false, misleading, derogatory, or otherwise defamatory manner. We reserve the right to revoke this license at any time. You may not use, frame or utilize framing or in-line linking techniques to enclose any Web Site content, Our names, logos or other proprietary information, including the images, the content of any text or the layout/design of any page without Our express written consent. All other linking is prohibited without prior written consent from Us.

We makes no claim or representation regarding, and accepts no responsibility for, the quality, content, nature or reliability of third-party web sites accessible by hyperlink from Our Web Site, or third-party web sites linking to the Sites. Any such hyperlinks provided by Us are for your reference and convenience only and you agree are to be used at your own risk.

Support for Web Site Portal and Online Education Courses
If you are having issues with access to or use of the Web Site including the online educational course on demand, you may reach us at admin@canaphem.ca and We will use our best efforts to respond within twenty-four hours of any request.

Disclaimer – Limited Warranty
ALTHOUGH WE STRIVE TO UPDATE AND KEEP ACCURATE AS MUCH AS POSSIBLE THE CONTENT CONTAINED ON THE WEB SITE, ERRORS AND/OR OMISSIONS MAY AND DO OCCUR.

ACCORDINGLY, THIS WEB SITE, INCLUDING THE CONTENT AND PRODUCTS AND SERVICES ACCESSED, OFFERED OR PROVIDED AND PURCHASED AND SOLD, IS BEING PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND WITHOUT WARRANTIES OF ANY KIND FROM US, EITHER EXPRESS OR IMPLIED ARISING FROM STATUTE, COURE OF DEALING, USEAGE OF TRADE OR OTHERWISE. WE DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.

Some jurisdictions do not allow the limitation on implied warranties and conditions. If these laws apply to you, some or all of the above disclaimers may not apply to you.

Limitations on Liability paragraph
YOU ARE SOLELY RESPONSIBLE FOR 1) THE WAY IN WHICH YOU USE THIS WEB SITE AND 2) ANY PRODUCTS OR SERVICES PURCHASED ON THIS WEB SITE AND 2) YOUR USE OF THE KNOWLEDGE GAINED FROM EDUCATIONAL COURSES YOU HAVE TAKEN FROM US.  PLEASE NOTE THAT THE USE OF SOME PRODUCTS PURCHASED ON THIS SITE REQUIRE A REVIEW OF ANY RELEVANT USER MANUAL AS WELL AS EXTERNAL KNOWLEDGE AND TRAINING (SUCH AS FIRST AID KITS, DEFIBRILLATORS, ETC.).

IN NO EVENT SHALL CANAPHEM BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY NATURE (INCLUDING LOSS OF USE, LOSS OF DATA, LOSS OF PROFIT AND LOSS OF SAVINGS) TO YOU INCLUDING FOR DAMAGES ARISING IN CONNECTION WITH OR RELATING IN ANY MANNER WHATSOEVER TO: (A) YOUR USE OF THIS WEB SITE; (B) ANY CONTENT, INFORMATION, SERVICE, EDUCATION COURSE OR PRODUCT ACCESSED, OFFERED, PURCHASED OR SOLD THROUGH THIS WEB SITE OR ITS’ USE, SUITABILITY OR AVAILABILITY (INCLUDING THE INABILITY TO USE); (C) ANY TRANSACTION CONDUCTED ON THIS WEB SITE; AND (D) ANY UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR DATA THAT WE COLLECT AND USE TO PROVIDE YOU WITH OUR PRODUCTS AND SERVICES.

THE ABOVE EXCLUSION AND LIMITATION OF LIABILITY SHALL APPLY WHETHER OR NOT A CLAIM IS IN CONTRACT, TORT (INCLUDING NEGLIGENCE AND PRODUCT LIABILITY), STRICT LIABILITY, RESTITUTION, BREACH OF STATUTE OR ANY OTHER THEORY OF LAW AND EVEN IF WE HAD BEEN ADVISED OR HAD REASONS TO KNOW OF THE POSSIBILITY OF SUCH DAMAGES.

THE MAXIMUM LIABILITY THAT WE HAVE TO YOU FOR PRODUCTS OR SERVICES PURCHASED FROM US SHALL BE LIMITED TO THE PURCHASE PRICE OF THE PRODUCTS OR SERVICES THAT YOU HAVE ACTUALLY PAID. WE WILL NOT BE LIABLE FOR ANY PROPERTY DAMAGE, PERSONAL INJURY, LOSS OF USE, INTERRUPTION OF BUSINESS, LOSS OF PROFITS, OR OTHER CONSEQUENTIAL, INDIRECT, INCIDENTAL, PUNITIVE OR SPECIAL DAMAGES. THIS APPLIES IN ALL CASES HOWEVER CAUSED, WHETHER FOR BREACH OF WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY OR OTHER REASONS.

Governing Law – Ontario
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario applicable to agreements made and entirely to be performed within the Province of Ontario, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws. Regardless of where you access this Web Site or how you enter into a business relationship with Us, you agree that any action at law or in equity arising out of or relating to these Terms of Use shall be filed and adjudicated only in the federal or provincial courts located in Ontario (Judicial District of Durham), and you hereby irrevocably and unconditionally consent and attorn to the exclusive jurisdiction and venue of such courts over any suit, action or proceeding arising out of these Terms of Sale and your purchase of any product or service from Us.

General Legal Boilerplate – the legalese “Fine Print” that Our lawyer asks us to include:

i) These Terms of Use together with the Terms of Sale (clickable link) and Our Privacy Policy (clickable link) which govern your use of the Web Site, Our use of your personal information and terms of sale for services and products that you purchase, constitute the entire agreement between you and Us.

ii) We reserve the right to terminate your access and use of this Web Site at any time and for any legal reason.

iii)  If any provision of these Terms of Use is held to be unenforceable for any reason, such provision shall be reformed only to the extent necessary to make it enforceable and the other terms of these Terms of Sale Use remain in full force and effect.

iv) Our delay or failure to act with respect to a breach of these Terms of Use by you or others does not constitute a waiver and shall not limit Our rights with respect to such breach or any subsequent breaches.

v) These Terms of Use will be binding upon and will ensure to the benefit of (i) you and your heir, executor, administrator and other legal representatives; and (ii) CanaPHEM and it’s successors and assigns.

vi) In the event of an inconsistency between the Terms of Use, and these Terms of Sale, the wording in the Terms of Sale shall prevail.  In the event of an inconsistency between these Terms of Use and Our Privacy Policy, the wording in the Privacy Policy shall prevail.

vii) It is the express wish of the parties that these Terms of Use and all Our other legal Web Site documents be drawn up in English. C’est la volonté expresse des parties que la présente convention ainsi que tous les documents qui s’y rattachent soient rédigés en anglais.

You may contact us at:
canaPHEM
120 Jones Court, Whitby, Ontario, L1N 6J9
admin@canaphem.ca

© The Canadian Academy for Prehospital and Emergency Medicine Inc. carrying on business as canaPHEM.  2015, 2016 & 2017.  All rights reserved.

Last Updated May 1, 2017

 

Back