Last Updated: April 15, 2019
The Canadian Health Food Association (“CHFA”) is a non-profit federally chartered trade association that supports Canadians achieving better health, naturally; by promoting natural health products, organic and whole foods, as the primary source of well-being for all Canadians. We have prepared this policy to inform you about how we collect, use, and disclose Personal Information, and our ongoing commitment to helping ensure that any Personal Information we hold remains accurate and confidential.
- What is Personal Information, and what Personal Information does CHFA Collect?
- Why CHFA collects Personal Information
- When CHFA may disclose your Personal Information
- The retention of Personal Information
- Protection of Personal Information
- How to access and correct your Personal Information
- Third Party Websites
- How to contact us and resolving your privacy concerns
1. What is Personal Information, and what Personal Information does CHFA Collect?
“Personal Information” is any information about an identified individual or an individual whose identity may be inferred or determined from such information.
The Personal Information the CHFA collects depends on how you interact with us or our website. The Personal Information we ask for will depend upon which services you may obtain and may include personal contact information and financial information required to process payment for products and services.
For example, we may collect:
- Your name, and contact information such as your address, telephone number, or e-mail address;
- If you choose to purchase goods, services, or a membership, payment information;
- Information about the business you represent, for example, the names of individuals in the company, the company name, address, contact info, sales details and information about the type of business and products it sells, please note that not all of this information is Personal Information; and
- Any other information that you choose to provide to us.
2. Why CHFA collects Personal Information and How we Use it
CHFA may use Personal Information it collects in order to:
- Offer educational and certification programs on natural products, nutrition and other subjects, and offer related materials to members and non-members, including;
- Provide an electronic newsletter to members, and non-members;
- Provide members and non-members with information about our trade shows (including by means of direct marketing);
- Communicate with and determine the needs of our members for example, through surveys, email, or telephone calls;
- Permit affiliated organizations and preferred suppliers to provide products, services and information to members;
- If you choose to participate in one of our advocacy campaigns, we may collect your name and contact information to send a letter to your Member of Parliament, or other political, governmental, regulatory or industry figures who are disclosed to you, on your behalf. Such a letter will include the information you provide, and will appear to come from you as you are asking us to send it in your name;
- If you use our “Find a store” tool, we use the information you provide, such as a postal code, or city, to direct you to our member retailers near you;
- Process and complete transactions you have agreed to enter, such as purchasing goods or services from us, registering for an event, or becoming a member;
- Process credit card and other forms of payment information for products, services or memberships provided by CHFA to its members or third parties;
- Meet legal and regulatory requirements; and
- Such other purposes consistent with these purposes or which are disclosed to you and to which you consent.
3. When CHFA may disclose your Personal Information
CHFA may disclose your Personal Information to individuals or organizations:
- a) Who assist CHFA in informing you about our services;
- b) Who are affiliated organizations and preferred suppliers who wish to tell you about their products or services or to inform you about other opportunities; or
- c) Who are our advisers, for example lawyers or financial advisors; or
- d) For purposes which are disclosed to you and to which you consent. CHFA may also transfer your Personal Information to our third party service providers, for example IT service providers who are involved in maintaining, reviewing and developing our business systems, procedures and infrastructure including testing or upgrading our computer systems, or financial service providers who are involved in the processing of payments for the products or services that we offer to you.
Where CHFA discloses Personal Information to organizations that perform services on its behalf, we will require those service providers to use such information solely for the purposes of providing services to CHFA, its members or the person concerned and to have appropriate safeguards for the protection of that Personal Information.
Personal Information may be subject to transfer to another organization in contemplation of a merger, sale of CHFA assets or change of ownership of all or part of CHFA, or should any such transaction be contemplated. In such a case, we will do this only if the parties have entered into an agreement under which the collection, use and disclosure of Personal Information is restricted to those purposes that relate to the transaction, including a determination of whether or not to proceed with the transaction, and is to be used by the parties to carry out and complete the transaction.
Please note that there are circumstances where the use and/or disclosure of Personal Information may be justified or permitted or where CHFA is obliged to disclose information without consent. Such circumstances may include, without limitation:
- Where required by law or by order or requirement of a court, administrative agency or governmental tribunal;
- Where CHFA believes, upon reasonable grounds, that it is necessary to protect the rights, privacy, safety or property of an identifiable person or group;
- Where it is necessary to establish or collect monies owing to CHFA;
- Where it is necessary to permit CHFA to pursue available remedies or limit any damages that we may sustain; or
- Where the information is public according to the applicable law.
Unless permitted or required by law, no Personal Information is collected, without first obtaining the consent of the individual concerned to the collection, use and dissemination of that information. However, we may seek consent to use and disclose Personal Information after it has been collected in those cases where CHFA wishes to use the information for a purpose not identified in this Policy or not previously identified or for which the individual concerned has not previously consented. By providing Personal Information to CHFA, you agree and consent that we may collect, use and disclose your Personal Information as described in this Policy. In addition, where appropriate, specific authorizations or consents may be obtained from time to time. In most cases and subject to legal and contractual restrictions, you are free to refuse or withdraw your consent at any time upon reasonable, advance notice. It should be noted that in certain circumstances, certain services can only be offered if you provide Personal Information to CHFA. Consequently, if you choose not provide us with any required Personal Information, we may not be able to offer you the services requested. We will inform you of the consequences of the withdrawal of consent.
5. The retention of Personal Information
We keep your Personal Information for as long as it is required for the reasons it was collected. The length of time we retain information varies, depending on the service and the nature of the Personal Information. This period may extend beyond the end of a person’s relationship with us but it will be only for so long as it is necessary for us to have such information. CHFA has in place a Document Retention Policy, which outlines the procedures for the retention and subsequent destruction, deletion, erasure or conversion into an anonymous form of CHFA records that contain Personal Information.
Currently, the principal places in which CHFA holds Personal Information is in the city of Markham, Ontario and nearby municipalities where off-site storage facilities may be located.
6. Protection of Personal Information
CHFA endeavours to maintain appropriate physical, procedural and technical security with respect to its offices and information storage facilities so as to help prevent any loss, misuse, unauthorized access, disclosure, or modification of Personal Information. This also applies to our disposal or destruction of Personal Information. CHFA further protects Personal Information by restricting access to it to those employees or service providers that the management of CHFA has determined need to know that information in order that we may carry out the purposes described in this Policy. If any employee of CHFA misuses Personal Information, this will be considered as a serious offence for which disciplinary action may be taken, up to and including termination of employment. If any individual or organization misuses Personal Information – provided for the purpose of providing services to or for CHFA – this will be considered a serious issue for which action may be taken, up to and including termination of any agreement between CHFA and that individual or organization.
Some organizations that perform services on behalf of CHFA may be located in foreign jurisdictions, including the United States, and your Personal Information may processed or stored in such jurisdictions. As a result, this information may be accessible to law enforcement and national security authorities of that jurisdiction.
Please note that although we have taken measures to help protect our website, and the Personal Information that we have collected from unauthorized use, access, disclosure, misuse, alteration or destruction, no security measures can provide absolute protection. We cannot ensure or warrant the security of any information you provide to us.
7. How to access and correct your Personal Information
You are able to access, review, and request correction your Personal Information held by us and we endeavor to provide the information in question within a reasonable time, generally no later than 30 days following the request. To guard against fraudulent requests for access, we may require sufficient information to allow us to confirm that the person making the request is authorized to do so before granting access or making corrections, for example, by requiring you to verify your identity. We will provide information from our records in a form that is easy to understand. CHFA reserves the right not to change Personal Information if we disagree that it is incorrect, but we will append any alternative text the individual concerned believes to be appropriate. CHFA reserves the right to decline to provide access to Personal Information where permitted or required by the applicable law, for example, where the information requested would disclose Personal Information, including opinions, about another individual or is subject to solicitor-client or litigation privilege.
Where information will not or cannot be disclosed, the individual making the request will be provided with the reasons for non-disclosure. CHFA will not charge you for verifying or correcting your information, however, to the extent permitted by applicable law, there may be a minimal charge imposed if you need a copy of records.
Our Web server tracks general information about visitors such as their domain name, time of visit and which pages are being accessed. This information is used internally, only in aggregate form, to better serve visitors by helping us to:
- a) Manage our site;
- b) Diagnose any technical problems;
- c) Track click streams, measure, monitor, and report on website traffic and page views;
- d) Determine how visitors arrive at our website and interact with our content;
- e) Remember you if as you navigate through our site, and if you return too it; and
- f) Improve the content of our Web site.
We may also work with third party companies, including social media companies, to collect information about your use of our Website and other websites through technologies such as cookies, web beacons, and pixels so that we may provide advertisements and other content that are more relevant to your interests based on your internet activity history and to target you with advertising and other content on our Website and third party sites. We may disclose personal information (including your name, email, or phone number) to these entities, which may include social media companies, to better serve you with advertising and other content.
We may work with third parties to assist us with the practices described in this section. These include:
- Facebook, where we use both first party and third-party cookies, as well as pixels and other technologies for both analytics and advertising to track activities such as page views, page interactions, clicks, and email submissions. We may use the information you provide to match you with your profile on Facebook, and better serve advertising and other content. You may adjust your Facebook ad settings and preferences by visiting this site: https://www.facebook.com/help/568137493302217?helpref=faq_content.
9. Third Party Websites
11. How to contact us and resolving your privacy concerns
In the event of questions about: (i) access to your Personal Information; (ii) our collection, use, management or disclosure of Personal Information; or (iii) this Policy; please contact CHFA’s privacy officer by sending an email to email@example.com or calling 416-497-6939, or by writing to 235 Yorkland Boulevard, Suite 201, Toronto, ON M2J 4Y8. CHFA will investigate all complaints and if a complaint is justified, we will take reasonable steps to resolve the issue.
Terms And Conditions
Last Updated: April 15, 2019
1. Agreement to be Legally Bound by Terms:
This Agreement (the “Agreement”) represents a legally binding, contractual agreement between you (“you”) and the Canadian Health Food Association (“CHFA”, “us”, “our” or “we”) with respect to your use of any website operated by or on behalf of CHFA (each, a “Website”), and your purchase of any product, service, or membership (“Products”) through the Website.
By using the Website, you are: (i) representing that you have reached the legal age of majority in your jurisdiction of residence; (ii) indicating your acceptance of and agreement to be legally bound by, and if you represent a business or legal entity, such business’ or legal entity’s acceptance of and agreement to be legally bound by, all of the terms and conditions of this Agreement, as they govern your access to and use of the Website and any services, products, materials, or information available on or through the Website; and (iii) agreeing to comply with all applicable laws and regulations as they may change from time to time. If you are using this Website on behalf of a business or other legal entity, you represent and warrant to us that you have the full and property authority to bind that business or legal entity to this Agreement.
IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH ALL OF THE TERMS AND CONDITIONS OF THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR OTHERWISE USE THE WEBSITE.
We suggest you print a copy of these Terms for your records.
3. Modification of this Agreement by CHFA:
Subject to applicable law, CHFA reserves the right, in its sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity.
Where required by law, we will notify you of any changes to this Agreement by notice on this Website at least thirty (30) days before the modification comes into effect. In addition, where required by law, or where we choose to do so, if you have registered as a member, we will provide you notice using email and/or your mailing address, or any other contact information we have for you in our discretion. Where required by law, this notice will be provided at least thirty (30) days before the change comes into effect (or such longer period as may be required by applicable law) and will set out the new clause, or the modified clause and how it read formerly, and the date on which the change will come into effect. Before the change comes into effect, you may cancel this agreement rather than accept the change. To the fullest extent permitted by law, as your sole remedy and where required by law, you may refuse the modification and rescind, or cancel the this agreement without cost, penalty, cancellation fee or cancellation indemnity, by providing us with notice to that effect no later than thirty (30) days after the modification comes into force, using the information in the notice, if the change results in increased obligations to you or a reduction of obligations on us. To the fullest extent permitted by applicable law, your continued access to and/or use of the Website after the date specified in such notice constitutes your full acceptance of, and agreement to be legally bound by, this Agreement, as modified.
4. Account Registration and Security:
Certain features of the Website may require you to register for a CHFA account (an “Account”). When you create an Account, you agree: (i) that you will provide complete and accurate information about yourself, and if applicable, the business you represent; and (ii) if you have registered for an Account, to promptly update such information as it changes to ensure that it is kept accurate and complete. You are solely responsible for the accuracy of all information that you provide to CHFA, regardless of whether it is about you or a business you represent. In the event that you do not provide or update such information, or CHFA has reasonable grounds to suspect that you have not provided or updated such information, CHFA shall have the right, in its sole and absolute discretion, to prevent you or the business you represent from using any of its Websites, or Products.
If you have registered for an Account, it is your sole and absolute responsibility to keep the password and other information provided to you by CHFA confidential and secure. In the event that your password and/or Account are used without your consent or that you discover any other breach of security, you agree to promptly notify CHFA using the contact information provided below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your Account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your Account.
5. Making Purchases through the Website:
The Website may offer businesses you the opportunity to purchase Products such as attendance or exhibition space at an event, educational materials, or a membership with the CHFA. You may only make purchases through the Website if you have the ability to enter a binding contract with us. Purchases of Products that are delivered to a mailing address will only be shipped to a valid mailing address in Canada (as determined by CHFA in its sole and absolute discretion). However, please note that we may not be able to ship to all valid addresses and, in such circumstances, we reserve the right in our sole and absolute discretion to cancel your purchase (“Order”). In the event we are not able to ship to the shipping address you provide, we will notify you, your Order will be cancelled, and you will receive a refund in respect of your Order (unless you are able to provide an alternate eligible shipping address). We reserve the right not to offer expedited or other forms of shipping.
Unless otherwise indicated, all dollar amounts on the website are in Canadian Dollars.
All Orders made through the Website are subject to the terms and conditions of this Agreement, as well as any other applicable terms and conditions outlined on the Website relating to the Order. Pricing and other terms and conditions relating to the purchase, return, refund, or delivery of your Order may be changed at any time without notice.
You have a legal obligation to pay for any Orders indicated to be made by you, in accordance with any payment terms provided at the time of your Order. By completing an Order through the Website, you are agreeing to pay, in full, the prices and all applicable taxes and specified shipping and handling and other fees in relation to your Order, either by credit card or other permitted payment method. The CHFA will only charge you the invoiced amount, but your financial institution may charge you a service charge or other bank fees.
CHFA reserves the right, in its sole and absolute discretion, to change the permitted methods of payment, including without limitation, the credit cards and/or other types of payment options we are able to accept, at any time. If complete or initial payment for your Order is not received and verified by us, your Order will not be processed. If you do not complete or improperly complete your Order it may not be accepted or acknowledged.
In order to complete an Order through the Website, you may be required to provide certain additional information that is required to process your Order. For example, you will be required to provide valid payment information (e.g. a valid credit card number and expiration date) to facilitate payment of your Order.
The CHFA reserves the right, in its sole and absolute discretion, to change the prices offered on the website at any time, including without limitation, items that have been placed in your Cart.
You will be billed for your Order or informed of the payment schedule; at the time your Order is placed. You will be responsible for all applicable taxes related to your Order. Applicable taxes will be charged at the time you are billed. Applicable sales tax will also be applied to the shipping and handling, return shipping and gift packaging or other charges. Taxes may depend on delivery location.
All sales of Products through the Website are final, and there are no returns or refunds.
For purchases of Products that are delivered to a mailing address, the estimated delivery time may be specified at the time of your Order; however, as we use a third party to deliver Orders, it is possible that your Order will arrive before or after the estimated delivery time. We will not be responsible for any delays in delivery which are beyond our control. If you do not receive your Order within 28 days of the estimated delivery time, please let us know by contacting us at the contact information below.
Please note that multiple Orders may not always be shipped together. In addition, depending on the size of your Order you may receive several shipments to complete your Order.
7. CHFA Rights Regarding Orders:
Without limiting the generality of any other section of this Agreement, CHFA reserves the right to limit or refuse any Order you place with us. Further, we reserve the right to verify the validity of all Orders and/or cancel any Order if we find evidence of fraud, tampering and/or any other violation of the terms and conditions of this Agreement. We may, in our sole and absolute discretion, limit or cancel quantities purchased per person, per household or per Order. These restrictions may include Orders placed by or under the same Account, the same credit card/payment information, and/or Orders that use the same billing and/or shipping address. We also reserve the right, in our sole and absolute discretion, not to ship items ordered or purchased through the Website to certain addresses.
In the event that we are unable to or choose not to ship an item, you will be notified accordingly and the amount for that item charged in relation to your Order will be reduced accordingly.
8. Becoming a Member; Membership Term:
If you purchase a membership with the CHFA, you will be charged the full membership fee at the time you make your purchase. Membership in the CHFA is for a term of one (1) year, commencing on the date you purchase your membership. At the end of the term of your membership, your membership will expire, unless you first renew your membership. For a list of the current membership benefits, Click Here. The CHFA reserves the right to amend the membership benefits from time to time at its discretion.
9. CHFA is Not Responsible for Errors:
Information (including, but not limited to, information relating to Product descriptions, pricing, promotions, offers, and/or availability) provided by CHFA one the Website is believed to be accurate at the time of publication. Unfortunately, however, there may sometimes be information on the Website that includes errors, inaccuracies, or omissions. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information or cancel Orders if any information on the Website is erroneous or inaccurate at any time without prior notice (including after you have submitted your Order).
10. Verification of Orders by CHFA:
All Orders are subject to verification by CHFA at any time and for any reason. We reserve the right, in our sole and absolute discretion, to require proof of identity (in a form acceptable to CHFA): (i) for the purposes of verifying the legitimacy of any Order and/or other information; and/or (ii) for any other reason we deem necessary, in our sole and absolute discretion, for the purposes of fulfilling an Order in accordance with our interpretation of the terms and conditions of this Agreement.
11. Electronic Transmissions:
The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. CHFA does not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet, other forms of networks or otherwise while using the Website. In no event will any information you provide on or through the Website be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your knowledge or consent. We ask that you please not send personal or financial information to us using unencrypted e-mail messages. While efforts are made to help ensure that our Websites are suitable for use on various mobile and other devices, you should take reasonable and appropriate precautions to ensure compatibility of any Website you visit with your specific mobile or other device.
12. Ownership of Website:
The Website consists of various graphics, texts, icons, buttons, videos, audio and other files, images, designs, texts, trade-marks, brand names, software and other materials (collectively, the “Content”) that have been provided by CHFA and/or other individuals or entities. All such Content is owned by CHFA and/or the applicable third party. You hereby acknowledge that the Website and each component of the Website (including, without limitation, the Content) are protected to the fullest extent permitted by applicable law – including, but not limited to, copyright, trade-mark, patent and all other applicable intellectual property and other laws. Your use of the Website and/or any Content does not grant or transfer to you any ownership or other rights in the Website or any component of the Website (including, without limitation, the Content), and except as expressly provided, nothing herein or within the Website or any component of the Website (including, without limitation, the Content) shall be construed as conferring on you or any other person or entity any license under any of CHFA’s or any third party’s intellectual property or other rights. Any rights not expressly granted to you in this Agreement are expressly reserved by CHFA. You may not modify, reproduce, distribute, create derivative works or adaptations of, publicly display or in any way exploit the Website, any component of the Website, or any of the Content, in whole or in part, except as expressly authorized by CHFA. For greater certainty and the avoidance of any doubt, you agree that you will not take any action that is inconsistent with CHFA’s ownership of the Website and/or CHFA’s ownership of, or any third party’s ownership of, any Content. You are hereby expressly prohibited from removing any proprietary notice of CHFA, or any third party, from any copy of the Website or any component of the Website (including, without limitation, the Content).
Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Website and/or Content may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of CHFA or other third-party individuals or entities.
Trade-marks may be unregistered or registered in Canada and in other countries, as applicable. All Trade-marks not owned by CHFA are the property of their respective owners, and, where used by CHFA are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on the Website or any component of the Website (including, without limitation, the Content) may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with CHFA’s ownership of, or any third party’s ownership of, the Trade-marks.
14. Limited License to use Website:
Upon your acceptance of the terms and conditions of this Agreement, you will be permitted to use our Website(s). Subject to the terms and conditions in this Agreement, CHFA hereby grants you a limited, non-sublicenseable, non-assignable, non-exclusive, non-transferable and fully revocable license to use the Content for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically enumerated herein. You agree that you shall not take or permit any action with respect to the Website or any component of the Website (including, without limitation, the Content) that is not expressly authorized under this limited licence. Your limited license to use our Website(s) and the Content is automatically revoked upon termination or expiration of this Agreement (whichever occurs first).
15. Additional Restrictions:
Without limiting the generality of any other aspect of this Agreement, you agree that you shall not:
- use, copy, modify, download or transfer the Website or any component of the Website (including, without limitation, the Content), in whole or in part, except as expressly provided in this Agreement, or otherwise agreed in writing by the CHFA;
- (i) reverse engineer, disassemble, decompile, or translate the Website or any component of the Website (including, without limitation, the Content); (ii) attempt to derive the source code of the Website or any component of the Website (including, without limitation, the Content); (iii) create any derivative work from the Website or any component of the Website (including, without limitation, the Content); and/or (iv) authorize or assist any third party to do any of the foregoing;
- rent, lease, loan, resell, or otherwise distribute the Website or any component of the Website (including, without limitation, the Content);
- remove or alter any proprietary notice or legend regarding CHFA’s, or any third party’s, proprietary rights in the Website or any component of the Website (including, without limitation, the Content);
- use the Website or any component of the Website (including, without limitation, the Content) except in accordance with the terms of this Agreement and all applicable laws and regulations; and/or
- use the Website or any component of the Website (including, without limitation, the Content): (i) to defraud any third party; (ii) to distribute obscene or other unlawful materials or information; and/or (iii) to disseminate or encourage conduct that could constitute a criminal offence or give rise to any form of liability.
16. User Conduct and User Content:
Certain features and/or portions of the Website may, or may in the future, permit you to upload, post or otherwise transmit content that you have created (the “User Content”). You hereby agree that you shall not use the Website to upload, post, communicate or otherwise submit or transmit through, or to, the Website any User Content that:
- may, in the sole and absolute discretion of CHFA, degrade, tarnish, disparage, or deprecate CHFA, and/or any of its Products, including without limitation any Website and/or the public image or standing in the community of CHFA;
- is deemed, in the sole and absolute discretion of CHFA to be defamatory, trade libelous, pornographic or obscene;
- is deemed, in the sole and absolute discretion of CHFA to contain, depict, include, discuss or involve, without limitation, any content that is or could be considered inappropriate, unsuitable or offensive, all as determined by CHFA in its sole and absolute discretion;
- contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;
- infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of other persons or entities, or give rise to any claims whatsoever;
- contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment; and/or
- contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.
17. Sharing User Content:
You understand that any User Content you choose to share via the Website may be copied, used, modified, or distributed by any other users. Further, you understand that once your User Content is shared, it cannot always be withdrawn. You assume all risks associated with your User Content – including, but not limited to, any third party’s reliance on its quality, accuracy, or reliability, or any disclosure of information in your User Content that makes you or others identifiable. You hereby agree that CHFA has no responsibility or liability whatsoever for any such activities. You also agree and understand that your User Content is not sponsored or endorsed by CHFA, and you will not imply that your User Content is in any way sponsored or endorsed by CHFA. Please consider carefully what User Content you choose to share.
18. License to use User Content:
By providing User Content, you: (i) grant to CHFA a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Website; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Website in favour of CHFA and anyone authorized by CHFA to reproduce or otherwise use such materials. For greater certainty and the avoidance of any doubt, this means that, among other things, CHFA has the right to use any and all User Content and ideas you submit in any manner without any notice or obligation to you whatsoever. For greater certainty and the avoidance of any doubt, none of the User Content you post on, upload or otherwise submit to or through, the Website will be deemed confidential.
19. Intellectual Property Concerns:
If you are a copyright or trade-mark owner, authorized to act on behalf of one, or authorized to act under any exclusive right under copyright or trade-mark, you agree to promptly report any alleged copyright or trade-mark infringements taking place on or through the Website by providing a written notice with the following information:
- Identification of the copyrighted work or trade-mark that you claim has been infringed;
- Identification of the allegedly infringing content, and information reasonably sufficient to permit CHFA to locate it;
- A statement by you that you have a good faith belief that the use of the content identified in your notice in the manner complained of is not authorized by the copyright/trade-mark owner, its agent, or the applicable law;
- A statement by you that you attest that the information in your notice is accurate and that you are the copyright/trade-mark owner or otherwise authorized to act on the owner’s behalf; and
- Your physical or electronic signature, together with your contact information (address, telephone number and, if available, email address).
Deliver the notice to us at the following address: 235 Yorkland Boulevard, Suite 201, Toronto, ON M2J 4Y8 attention: Privacy Officer.
20. No Duty to Correct Errors:
Without limiting any other provision(s) of this Agreement, you acknowledge and agree that CHFA has no obligation whatsoever under this Agreement or otherwise to correct any defects or errors on the Website or any component of the Website (including, without limitation, the Content), regardless of whether you inform CHFA of such defects or errors or CHFA otherwise is, or becomes aware of, such defects or errors.
You agree to indemnify and hold CHFA and its affiliates, and the officers, directors, employees, agents and representatives of each of them (collectively, the “CHFA Entities“) harmless from any and all claims, losses, liabilities, damages, suits, actions, costs, penalties and demands arising out of or relating, directly or indirectly, to: (i) our access to and/or use of the Website or any component of the Website (including, without limitation, the Content), (ii) your violation of any of the terms and conditions of this Agreement; and/or (iii) the infringement by you, or any third party using your Account, of any intellectual property or other right of any person or entity. You agree that CHFA may assume the exclusive defense and control of any matter for which you are required to indemnify CHFA and you agree to cooperate, at your cost, with our defense of these claims. You agree not to settle any matter without the prior written consent of CHFA. CHFA will use reasonable efforts to notify you of any such claim, action or proceeding upon becoming aware of it.
22. Disclaimer and Limitation of Liability:
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE WEBSITE AND EACH COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) ARE PROVIDED “AS IS” WITHOUT ANY REPRESENTATIONS, CONDITIONS OR WARRANTIES WHATSOEVER. THE ENTIRE RISK ASSOCIATED WITH THE USE OF THE WEBSITE AND EACH COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) RESIDES WITH YOU. CHFA EXPRESSLY DISCLAIMS, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ALL OTHER REPRESENTATIONS OR WARRANTIES, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING, WITHOUT LIMITATION, ANY WARRANTIES OF TITLE, NON-INFRINGEMENT, NON-INTERFERENCE AND/OR QUIET ENJOYMENT, SYSTEM INTEGRATION, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND ACCURACY.
WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, CHFA MAKES NO REPRESENTATION OR WARRANTY THAT: (I) THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) WILL BE COMPATIBLE WITH YOUR COMPUTER, MOBILE OR OTHER DEVICE AND/OR SOFTWARE; (II) THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT), INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION OR MATERIAL, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (IV) THE TRANSMISSION OF INFORMATION TO AND FROM THE WEBSITE WILL BE SECURE; (V) THE USE OF THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON OR ENTITY; OR (VI) THE USE OF THE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE WEBSITE CONTENT) WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER, MOBILE OR OTHER DEVICE, SOFTWARE OR ELECTRONIC FILES.
ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED FOR SALE.
THE INFORMATION AVAILABLE ON OR THROUGH THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) IS NOT AN OFFER OR SOLICITATION BY ANYONE IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.
ANY AND ALL INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS FOR INFORMATIONAL PURPOSES ONLY AND IS NOT INTENDED TO PROVIDE SPECIFIC ADVICE AND SHOULD NOT BE RELIED UPON IN THAT OR ANY OTHER REGARD. YOUR RELIANCE ON ANY INFORMATION OBTAINED FROM OR THROUGH THE WEBSITE IS SOLELY AT YOUR OWN RISK.
COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE ARE THOSE OF THEIR RESPECTIVE USERS ONLY. COMMENTS OR OPINIONS EXPRESSED ON THE WEBSITE AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF CHFA. THE CHFA IS NOT RESPONSIBLE FOR, AND DISCLAIMs ALL LIABILITY IN RELATION TO, ANY AND ALL USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE WEBSITE.
THE CHFA IS NOT UNDER ANY CIRCUMSTANCES LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO, DIRECTLY OR INDIRECTLY, THE WEBSITE OR ANY COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT). YOU EXPRESSLY ACKNOWLEDGE THAT CHFA HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES ITS WEBSITE(S) AND EACH COMPONENT OF THE WEBSITE (INCLUDING, WITHOUT LIMITATION, THE CONTENT) AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND CHFA. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.
23. Governing Law:
For users who are not individual consumers resident in Quebec, this Agreement, your use of the Website, and all related matters shall be governed solely by the domestic laws of the Province of Ontario, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Website and any related matters.
For users who are individual consumers resident in Quebec, this Agreement, your use of the Website, and all related matters shall be governed solely by the domestic laws of the Province of Quebec, Canada and the federal laws of Canada applicable therein, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Quebec in relation to all disputes arising from or related to this Agreement, your use of the Website and any related matters.
If you breach any provision of this Agreement (as determined by CHFA in its sole and absolute discretion), then you may no longer use our Website(s) or any component of our Website(s) (including, without limitation, the Content). We may, in our sole and absolute discretion, change, suspend or terminate, temporarily or permanently, the Website or any component of the Website (including, without limitation, the Content) or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If this Agreement or your permission to use the Website is terminated by us for any reason, the agreement formed by your acceptance of this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of our Website and anything relating to or arising from such use. If you are dissatisfied with the Website or any component of the Website (including, without limitation, the Content), then your sole and exclusive remedy is to discontinue using our Website.
If any provision of this Agreement is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by applicable law, and the remaining provisions of this Agreement shall continue in full force and effect. No failure to exercise or waiver of any provision of this Agreement shall be deemed to be a further or continuing waiver of such provision or any other provision of this Agreement. This Agreement is binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.
Questions? If you have any questions or concerns regarding our Website, Products, or the terms and conditions of this Agreement, please write to us at 235 Yorkland Boulevard, Suite 201, Toronto, ON M2J 4Y8 attention: Privacy Officer, call us at 416-497-6939 or email us at: firstname.lastname@example.org.