TERMS & CONDITIONS  |  TERMS OF SALE

 

Last Revised: June 21, 2024

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE.

  1. Acceptance

These terms and conditions, and all documents referenced herein (collectively, the “Terms and Conditions”), set out the terms and conditions that apply to your use of www.worksitesafety.ca, including any and all materials, documentation, information and other content provided thereon (collectively, the “Website”). Your access and use of the Website constitutes your agreement to be bound by these Terms and Conditions, which establish a contractual relationship between you and Worksite Safety Compliance Centre Inc. (“Worksite Safety”).

By accessing or otherwise using the Website, you acknowledge that you have read these Terms and Conditions and that you understand and agree to be legally bound by them. If you do not accept these Terms and Conditions, you must not access or otherwise use the Website.

  1. Modifications

Worksite Safety may, in its sole discretion and for any reason, modify, supplement or amend these Terms and Conditions from time to time, without any notice or liability to you or any other person, by posting revised Terms and Conditions on the Website. Your continued use of the Website after any such change signifies your acceptance of the revised Terms and Conditions.

  1. Website Use

These Terms and Conditions shall apply to your use of the Website, regardless of the type of device used to access, use or view the Website. 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. Worksite Safety cannot guarantee security of any communication to or from the Website. Worksite Safety 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. You should take reasonable and appropriate precautions to ensure compatibility of any website you visit with your specific computer, mobile or other device. Worksite Safety does not assume any responsibility or risk for your use of the Internet and you are responsible for all charges and necessary permissions related to accessing the Website through your Internet service or mobile access provider.

You may not use a false e-mail address, impersonate any person or entity, or otherwise mislead Worksite Safety with respect to any information you provide. It is prohibited to misuse the Website, including using the Website in such a manner that interferes with another person’s use or enjoyment of the Website. It is prohibited to use the Website in any way that is designed to compromise the security or integrity of the Website, such as hacking, corrupting or the intentional introduction of viruses. You agree that you will not use the Website for any purpose that is unlawful.

You may not use the Website if you live in a jurisdiction where access to or use of the Website may be illegal or prohibited. It is solely your responsibility to determine whether your use of the Website is lawful, and you must comply with all applicable laws.

  1. Informational Purposes Only

The information found on the Website is provided for informational/educational purposes only and is not intended to replace the judgment of a trained or certified professional, but rather to provide users with information on matters related to occupational health and safety. Your reliance on any information obtained from or through the Website is solely at your own risk.

  1. External Links

The Website may, from time to time, contain links to other websites that are not maintained by, related to or affiliated with Worksite Safety. Worksite Safety is not responsible for the content of any third party website, nor does it make any representation or warranty of any kind regarding any other websites or the contents on those websites. These links are provided solely for your convenience and the inclusion of any link does not constitute or imply Worksite Safety’s endorsement, approval, affiliation, sponsorship, investigation or verification of the linked website or information contained in the linked website, or of their security or privacy practices. These websites may have their own privacy policies or terms of use and are not governed by these Terms and Conditions. It is your responsibility to review and comply with the terms and conditions of linked websites and to take the necessary precautions to protect yourself from malicious, disruptive or otherwise harmful software or data, including using anti-virus software. Linking to any other website is at your sole risk and Worksite Safety will not be responsible or liable for any damages in connection with such linking.

You may not gather, extract, reproduce and/or display on any non-Worksite Safety website, any information or material on or from the Website, whether or not by the use of data mining, robots, spiders or other ‘screen scraping’ software or system used to extract data without the express consent of Worksite Safety.

  1. Account

In order to access or utilize certain aspects of the Website, you may be required to establish and maintain an account (your “Account”). Your Account may only be accessed by your login name and password. You are solely responsible and liable for any use or misuse of your Account, login name and password, and for all activities that occur under them. For security reasons, you should keep your login name and password confidential and not disclose them to any person or permit any other person to use them. All Accounts, login names and passwords remain the property of Worksite Safety and may be cancelled or suspended by Worksite Safety at any time, without liability to you or any other person. Worksite Safety is not under any obligation to verify the actual identity or authority of the user of any login name or password.

You should immediately notify Worksite Safety of any unauthorized use of your Account, login name or password, or if you know or suspect that your login name or password has been lost or stolen, has become known to any other person, or has been otherwise compromised. Worksite Safety is not responsible for your failure to do so, or for any delay in suspending your Account following your notice. You agree to fully cooperate with Worksite Safety to remedy any issues related to the suspected or actual unauthorized use of your Account.

  1. Accuracy of Information

Worksite Safety relies on the information you provide through the Website, including, without limitation, your Account information, which must be true, accurate, current and complete. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, Worksite Safety or any other person may incur as a result of your submission of any false, incorrect or incomplete information or your failure to keep your Account information up to date.

  1. Pricing

The prices displayed on the Website are in Canada dollars. Prices displayed on the Website are subject to change without notice. If you make a purchase on this Website, your purchase will be subject to additional terms and conditions of sale made available to you at checkout.

  1. Intellectual Property

The Website consists of graphics, texts, icons, buttons, videos, software, audio and other files, images and other materials that are the property of Worksite Safety and/or its various subsidiaries, affiliates and third party providers (collectively, “Third Parties”) and are protected to the fullest extent permitted by applicable law, including copyright, trademark, patent and all other applicable intellectual property laws.

Certain names, graphics, logos, icons, designs, words, titles and phrases contained within the Website may constitute trade names, registered or unregistered trademarks or service marks (collectively, “Trademarks”) of Worksite Safety or the applicable Third Party. All Trademarks are and shall remain the sole and exclusive property of their respective owners.

Your use of the Website does not grant or transfer to you any ownership or other rights in the Website or to any Trademarks. Any rights not expressly granted to you in these Terms and Conditions are expressly reserved by Worksite Safety and/or the applicable Third Party. You shall not, directly or indirectly, copy, reproduce, distribute, modify, adapt, create derivative works from, publicly display, republish, transfer, transmit, sell, compile for an internal database or store any Website content, in any form or by any means, without the express written permission of Worksite Safety or the applicable Third Parties.

  1. Liability Disclaimer – Read Carefully

Except as expressly set out in these Terms and Conditions, as amended from time to time, and to the fullest extent permitted by applicable law, Worksite Safety and the Third Parties make no representations or warranties of any kind, express, implied, statutory or otherwise regarding the Website, which is provided on an “as is” and “as available” basis.

Worksite Safety and the Third Parties expressly disclaim all representations, warranties, guarantees, covenants and conditions of any kind relating to the Website, whether express, implied, statutory or otherwise, including, without limitation, any implied warranties or conditions of merchantability, quality, fitness for a particular purpose, title, accuracy, completeness and non-infringement. Without limiting the generality of the foregoing, Worksite Safety and the Third Parties make no representation or warranty that: (a) the Website will be compatible with your computer, mobile or other device and/or software; (b) the Website will be accurate, reliable, complete, current, timely, useful or suitable for any particular purpose; (c) the operation of or access to the Website will be uninterrupted, timely, secure or error-free; (d) defects or errors in the Website will be corrected; (e) the Website will be free from infections, viruses, Trojan horses, malware, worms or other harmful components or code; (f) communications to or from the Website will be secure and/or not intercepted; and (g) the use of the Website will meet any user requirements.

You acknowledge and agree that your use of the Website is at your sole risk and you are solely responsible for any damage you may sustain. In no event will Worksite Safety be liable for the conduct of users of the Website. Worksite Safety assumes no responsibility, and will not be liable, whether in tort, contract or any other theory of law, equity or civil law, for any damages to, or any viruses affecting your devices or other property on account of your access to, use of or browsing on the Website or your downloading of any materials, text, images, video, audio or other data from the Website, regardless of whether or not Worksite Safety or the Third Parties knew or should have foreseen or known of same. In no event will Worksite Safety or the Third Parties be liable for the conduct of users of the Website.

  1. Maximum Liability

In no event will Worksite Safety or the Third Parties be liable for any direct, indirect, punitive, special, incidental, exemplary or consequential damages, damages for loss of use, loss of data, loss of profits, business interruption, or any other damages whatsoever arising out of or in any way related to the use or performance of the Website. You acknowledge and agree that you are using the Website at your own risk and liability and that your sole remedy for any claim, loss, damage, cost or expense is to cease using the Website.

If Worksite Safety or any of the Third Parties should be found liable for any loss or damage which arises out of or is in any way connected with any of the functions or uses of the Website, the aggregate liability of Worksite Safety and the Third Parties will in no event exceed $100.00 CAD.

  1. Indemnification

To the maximum extent permitted by applicable law, you agree to indemnify, defend (at Worksite Safety’s option) and hold Worksite Safety, the Third Parties and their respective affiliates, directors, officers, employees, agents and representatives harmless from and against any and all claims, losses, liabilities, damages, suits, actions, penalties, demands, levies, costs and expenses (including reasonable legal and advisor fees) of whatever kind or nature, arising out of or relating to: (a) your access to or use of the Website and your activities in connection with the Website; (b) your breach of any of the terms contained in these Terms and Conditions; (c) your violation or anticipatory violation of any applicable laws in connection with your use of the Website or your activities in connection with the Website; (d) any misrepresentation made by you; (e) your cause of, or contribution to, the injury, illness, disability (including permanent disability), or death of a third party; and (f) Worksite Safety’s permitted use of any information submitted by you through you Account.

  1. Applicable Laws

These Terms and Conditions and your use of the Website are governed by the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to any conflict of laws provisions. You expressly attorn to the exclusive jurisdiction of the courts located in the Province of Ontario in connection with any matter arising out of or relating to the Website or these Terms and Conditions, unless otherwise agreed by Worksite Safety in its sole discretion.

  1. Privacy

You acknowledge that you have read Worksite Safety’s privacy policy, available at this page, as updated from time to time (the “Privacy Policy”), the terms of which are incorporated into these Terms and Conditions, and you agree that the terms of the Privacy Policy are reasonable. You consent to the collection, use and disclosure of your personal information by Worksite Safety in accordance with the terms of and for the purposes set out in the Privacy Policy.

You understand that Worksite Safety may monitor and track your usage of the Website, including after the termination of your Account. You acknowledge that, subject to the Privacy Policy, Worksite Safety may disclose information relating to your use of, or access to, your Account and the Website that is necessary to satisfy any law, regulation, governmental or other lawful request from any applicable jurisdiction.

  1. Survival

Sections 10, 11, 12, 13, 15 and 16, and any other sections which by their nature survive the termination or expiration of these Terms and Conditions and/or your access to and/or use of the Website will survive any termination or expiration thereof.

  1. Entire Agreement

These Terms and Conditions, together with any rules, policies or guidelines posted on the Website by Worksite Safety or incorporated or referred to herein, including the Privacy Policy, constitute the entire agreement between you and Worksite Safety with respect to the subject matter hereof, and supersede all other or prior communications, representations or agreements, whether electronic, oral or written, regarding the subject matter of these Terms and Conditions, and may not be amended or modified except by Worksite Safety.

  1. Miscellaneous

The headings used in these Terms and Conditions are included for convenience only and will not limit or otherwise affect these Terms and Conditions.

If any provision of these Terms and Conditions is deemed unlawful, void or for any reason unenforceable by a court of competent jurisdiction, the validity and enforceability of any remaining provisions will not be affected.

These Terms and Conditions are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign these Terms and Conditions to any other party without Worksite Safety’s prior written consent, which consent may be withheld in Worksite Safety’s sole discretion.

Worksite Safety will not be considered to have waived any of its rights or remedies described in these Terms and Conditions unless the waiver is in writing and signed by Worksite Safety. No delay or omission by Worksite Safety in exercising its rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. The failure of Worksite Safety to insist upon strict adherence to any term of these Terms and Conditions shall not constitute a waiver of such term and shall not be considered a waiver of, or limit, its right thereafter to insist upon strict adherence to that term or any other term contained in these Terms and Conditions.

  1. Feedback and Questions

Worksite Safety appreciates any feedback and other suggestions you may have regarding the Website. In doing so, you consent to Worksite Safety’s use of such feedback or suggestions without any restrictions or obligation to compensate you for them, and acknowledge that Worksite Safety is under no obligation to keep them confidential.

If you would like to relay any feedback or have any questions about Worksite Safety and/or the Website, please direct them to:

Worksite Safety Compliance Centre Inc.

Suite 401 – 55 Head Street
Dundas, Ontario, L9H 3H8
Phone: 1 (866) 756-5552
Technical Support: [email protected]
Group Sales Inquiries: [email protected]