By using the Site and/or other CPF services, You agree to abide by the terms and conditions in these Terms & Policy on your own behalf and on behalf of users over whom you have legal authority to consent to the use of the Site on their behalf. If You do not accept the Terms & Policy, then do not use the Site, or purchase CPF services accessed through the Site.
These Terms & Policy may change from time to time. While it is generally your responsibility to check for such updates, CPF will provide notice of updates as specifically set out in the Terms & Policy, or as otherwise required by law.
Please note that these Terms & Policy are not an agreement between You and others over which you have no legal authority in respect of the use of the Site. You, do agree, however, to respect certain rights of providers, visitors and users of the Site as part of these Terms & Policy.
2. SITE ACCESS
2.1 Site Mandate
The Site was established by CPF to “further bilingualism by promoting and creating opportunities to learn and use French for all those who call Canada home.”
2.2 Your Rights to Use the Site
Anyone can navigate certain parts of the Site for information purposes only. To access the full range of CPF services made available through the Site from time to time, you must be a Canadian resident and set up an account.
For the information of visitors to the Site, who do not reside in Canada, You are only permitted to access certain information on the Site, but not to set up an account to access the full range of CPF services made available to residents in Canada through the Site.
2.3 Your Relationship with CPF
You agree that your use of the Site and/or participation in the CPF platform and community does not create an employment relationship between You and CPF.
2.4 Your Participation in the CPF Community
By using the Site you are choosing to become part of the CPF community. When you navigate to websites operated by providers, or other third parties from the Site you agree that CPF has no control over the content and management of those websites including how personal information you choose to share through those sites is handled.
Any misuse of the Site, CPF offerings, content and offerings made by providers and members of the CPF community, as well as abusive behaviours when using the Site, may result in the cancellation of your account, restrict your access to the Site, and lead to legal sanctions.
3. CPF SERVICES DESCRIPTIONS
CPF strives to be as accurate as possible when describing its services to guide the navigation of the Site and users when participating in the CPF community, however, CPF does not warrant that descriptions of the CPF services or other content related to CPF services is complete or error-free. CPF is not liable for the accuracy of third party information on the Site from providers, nor for any loss or damages you may sustain from using such information.
CPF reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time, and without prior written notice to You, to its descriptions of the CPF services for any reason whatsoever, including, without limitation to address errors, product and service discontinuation, changing user requirements, or any other operational, or regulatory factors.
4. JURISDICTIONAL RESTRICTIONS
CPF does not represent or warrant that all CPF or provider services will be available to You through this Site at any given point in time. While the Site can be accessed worldwide, You understand that, due to governmental restrictions, some or all of the services may not be available when connecting to the internet in certain jurisdictions or geographical areas. Where jurisdictional limitations affect You and your ability to access services, You agree not to attempt to redirect CPF services from other jurisdictions to You and acknowledge that any initiative on your part to do so may be unlawful, and expose You to legal sanctions.
Similarly, offerings made available by providers and other third parties as may be accessed through the Site, may not always be available to You and CPF has no control to compel the availability of such offerings. CPF also reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any CPF services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply.
5. YOUR ACCOUNT, PROFILE & CONSENT
To use the Site to its full capability, Canadian residents may choose to set up an account, including a profile. In doing so, You confirm that you are of age according to prescribed age of majority requirements where you reside in Canada and are competent to set up an account with CPF, and provide your consent as required by these Terms & Policy. Should CPF at any time make paid offerings available through the Site, payment information and permission to use your payment information will be sought.
If You create a profile/account on the Site, or through the Site create a profile/account on any other online website or platform, You are responsible for maintaining the confidentiality of your account information, such as your password and not allowing any other person to access your profile/account.
6. RESOLVING DISPUTES
CPF does not moderate disputes arising between You and other participants in the CPF platform and community. You agree not to hold CPF responsible or liable for any damages you may suffer from your interactions with others through the Site and/or once you have transacted to receive the services of providers accessed through the Site.
7. LIMITATION OF LIABILITY & INDEMNITY
When You choose to use the Site You agree to accept the following limitations.
7.1 Warranties and Advertising
You agree that CPF is not responsible for providing warranties or guarantees regarding the quality, fitness for purpose, delivery of, or for your overall satisfaction with respect to any services as offered and delivered through the Site. You also agree that CPF is not responsible for ensuring the advertising of services by providers on the Site is accurate or not misleading.
7.2 Your Obligation to Make Diligent Inquiries
You undertake to make your own diligent inquiries before agreeing to engage services of any third party through the Site.
CPF recommends that as part of your diligent inquiries You inform yourself, without limitation, about providers and their offerings. There are many aspects to a business relationship and how they may impact You will depend on your specific circumstances, the jurisdiction where you reside and from where you are receiving services. You agree that You alone are responsible for informing yourself about matters relevant to You, that CPF is not obligated to provide You with such information, and that CPF is not liable for any damages you suffer from interacting with providers or other users of the Site.
7.3 CPF Services Provided “As Is” and “As Available”
The CPF services, and all information, content, and materials offered by CPF through the Site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. CPF makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or fitness for purpose of its other CPF services to the full extent permitted by law. For greater clarity, and by way of example, CPF does not guarantee that the Site is free of defects, viruses, malware, spyware or other harmful elements that may negatively impact the operation of your devices, information technology systems, or lead to a breach of your personal and other sensitive information, despite CPF’s commercially diligent efforts to apply technologies to reduce these risks.
7.4 Third Party Sites
7.5. CPF Release from Liability
You agree that your use of the Site and CPF Services is at your sole risk, without exception. You more specifically agree, without limitation, that CPF does not assume any responsibility for and is hereby released from any liability for any potential harm or damages You may experience for any computer, telephone, cable, network, satellite, electronic, or internet hardware or software malfunctions, failures, connections, or garbled or jumbled transmissions, or service provider/internet/website use (in)accessibility, or (un)availability, traffic congestion, or unauthorized human intervention in your affairs, or with your property. CPF will also not be liable for any damages of any kind arising from the use of the Site or any CPF services, or from any information, content, materials, other goods or other services included on, or otherwise made available to You through the Site, or in association with CPF services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
8. COPYRIGHT & TRADEMARK NOTICE
You acknowledge that CPF holds a variety of intellectual property rights important to its ability to offer You the Site and other CPF services through the Site, including without limitation the domain “cpf.ca”, copyrights and trademarks.
Information/materials published or otherwise provided by CPF at the Site, or through CPF social media channels, including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other information/materials (the “Content”) are protected by Canadian and international copyright laws, and are owned, held or otherwise controlled by CPF, or others CPF has received permissions from to copy.
The trademarks (word and service marks), logos and designs, domains, hash tags, other tags, icons and branding elements, including but not limited to CPF CANADIAN PARENTS FOR FRENCH, CANADIAN PARENTS FOR FRENCH MAPLE LEAF DESIGNs, identifying or used in association with the services CPF offers (collectively the “Trademark(s)”), as may or may not be displayed on the Site, are registered and unregistered Trademarks of CPF and others. Unless expressly permitted by CPF in writing, nothing contained on the Site should be construed as granting any right to use any Trademark displayed on the Site without the express written permission of CPF or the third party that may own the Trademark(s).
Any contravention of the copyrights or trademark rights of CPF or a third party by You could result in significant damages and liabilities and lead to legal action being taken to seek all remedies available in law, including civil remedies and criminal prosecution.
When You use the Site, other CPF services, post to CPF social media channels, or send email to CPF, You are communicating with CPF and possibly with others in the CPF community electronically. This gives rise to certain rights and obligations for the various parties involved with these communications.
9.1 Communications from CPF to You
CPF will communicate with You by email or by posting notices on the Site or through other forums and platforms used to communicate regarding CPF services. You agree that all agreements, notices, disclosures, and other communications that CPF provides to you electronically satisfy any legal requirement that such communications be in writing.
9.2 Communications from You to CPF
CPF may, at its sole discretion from time to time, allow You to submit reviews, comments, photos, suggestions, ideas, questions, or other information through the Site and its social media channels. You may also be able to do the same on CPF social media channels related to the Site. Should any content you provide be illegal, obscene, threatening, defamatory, invasive of privacy, infringe on intellectual property rights, or otherwise be harmful to third parties and/or the Site, CPF reserves the right to remove content and/or discontinue your access to the Site and related social media channels.
For example, posting or uploading content to the Site that has malicious software, or false/misleading information would be considered to be harmful to the Site, CPF and CPF community. CPF reserves the right, but without necessarily having the obligation unless required by law, to remove such content.
9.3 Rights to Use Content in Communications from You to CPF
If You submit content to the Site, or submit content directly to CPF for posting to the Site, You grant CPF a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media, unless such a grant is otherwise expressly limited in these Terms & Policy, or prohibited by law. You also grant CPF and its sub-licencees the right to use the name that You submit in connection with such content, unless such a grant is prohibited by law. You represent and warrant that: i) You own, have an unrestricted license, or otherwise control all the rights to the content that You post; ii) the content is accurate; and iii) use of the content You supply does not violate the Terms & Policy.
9.4 Communicating with the CPF Community and Posting Reviews
When You engage through the Site or related social media channels with the CPF community, You agree to communicate respectfully and consistent with the values and prescriptions of applicable human rights laws and in a manner consistent with ensuring the Site remains a safe forum for participants. You agree to relay your experience and views with integrity and not to misrepresent the facts You choose to share, or to otherwise mislead participants in the CPF community about your experience receiving services from the Site and/or from providers.
9.5 Sensitive Content in Communications
You agree that You alone are responsible for ensuring content you submit to the Site or related social media channels does not include personal or sensitive information that You do not want to risk making publicly known, or is otherwise only provided under binding obligations of confidentiality through the private channels made available through the Site.
You acknowledge and agree that if information you intended to keep private or confidential is posted by you into public or semi-public forums and channels online, that you may lose the ability to retract or limit the degree to which such information is disseminated and will not hold CPF responsible under these circumstances.
11. GOVERNING LAW
In the event of a dispute, You agree that any formal actions will proceed in a court of competent jurisdiction in Ottawa, Ontario. Unless otherwise prescribed by law, You agree to waive any right You may have to commence or participate in any class action against CPF related to the Site, the use of CPF services or the Terms & Policy.