The following are the terms of use (“Terms”) that govern your use of the TSSA Self-Service Portal (the “Portal”), which features allows you to administer your TSSA account and permits authorized third party agents to administer your account or you to administer the account of a third party on their behalf.
By accessing and using the Portal, you hereby accept and agree to be bound by these Terms (the “Agreement”).
These Terms contain important information about your rights and obligations, as well as disclaimers, limitations of liability, exclusions of liability and other provisions that may affect your rights and remedies.
Definitions. In these Terms, “we” or “TSSA” means Technical Standards and Safety Authority and “you” means the user to which these Terms apply.
Changes to Terms. We may make changes to these Terms at any time. Any changes we make will be effective immediately when we post a revised version of these Terms on the Portal. The “Last Updated” date below will tell you when these Terms were last revised. By continuing to use this Portal after that date, you agree to the changes.
Your account. You will be required to register for an account to use the Portal. Your account username may not include the name of another person or entity in a manner that may cause confusion, or be offensive, vulgar or obscene. Your account username and password are personal to you or your business. You will be responsible for the confidentiality and use of your username and password, and for all activities and transactions that are conducted through your account. You may not transfer or sell access to your account. We will not be liable for any harm related to disclosure of your username or password or the use by anyone else of your username or password. You may not use another user’s account without that user’s permission except as an authorized third party agent. You will immediately notify us in writing if you discover any unauthorized use of your account or other account-related security breach. We may require you to change your username and/or password if we believe your account is no longer secure or if we receive a complaint that your username violates someone else’s rights. You will have no ownership in your account or your username. We may refuse registration, cancel an account or deny access to the Portal for any reason.
Intellectual Property. The Portal and all data, text, designs, pages, print screens, images, artwork, photographs, audio and video clips, and HTML code, source code, or software that reside or are viewable or otherwise discoverable on the Portal (collectively, the “Content”) are owned by us. We own a copyright and, in some instances, patents and other intellectual property in the Portal and Content. We may change the Content and features of the Site at any time. We grant you a limited, conditional, no-cost, non-exclusive, non-transferable, non-sublicensable license to view this Portal and its Content as permitted by these Terms
Prohibited acts and uses. You agree that you will not:
- Restrict or inhibit any other person from using the Portal;
- Use the Portal for any unlawful purpose or in a manner that contravenes any law;
- Impersonate any person or entity, whether actual or fictitious, including any employee or representative of TSSA;
- Submit (a) any content or information that is unlawful, fraudulent, libelous, defamatory, or otherwise
Links. The Portal may contain links to other websites that may not be owned or operated by us. The fact that we may link to those websites does not indicate any approval or endorsement of those websites. We have no control over those websites. We are not responsible for the content of those websites, or the privacy practices of those websites. We strongly encourage you to become familiar with the terms of use and practices of any linked website. Your use of other websites is at your own risk and is subject to the terms of those websites. It is up to you to take precautions to ensure that whatever links you select or software you download (whether from the Portal or other sites) is free of viruses, worms, Trojan horses, defects, date bombs, time bombs and other items of a destructive nature.
Disclaimers and Limitations of Liability. UNDER NO CIRCUMSTANCES WILL TSSA, ITS SERVANTS, AGENTS, CONTRACTORS OR EMPLOYEES, BE LIABLE FOR DIRECT, INDIRECT, GENERAL, SPECIAL, OR CONSEQUENTIAL DAMAGES ARISING OUT OF THE USE OF, RELIANCE ON, OR INABILITY TO USE THE PORTAL, INCLUDING BUT NOT LIMITED TO DAMAGES FOR PERSONAL INJURY, LOST PROFITS, LOST SAVINGS, LOST OPPORTUNITY OR ANY OTHER INCIDENTAL DAMAGES.
The data and information contained on the Portal are provided "as is" without representations or warranty of any kind, either express or implied. We do not warrant the accuracy or completeness of the data, nor that the Portal will function without error, failure or interruptions. We do not make any warranties or representation with respect to the information available or contained the Portal, or as to its performance, quality, merchantability, or fitness for a particular purpose.
We will not be liable for any loss or damage caused by any alteration of the format or content of a printed copy of the information or an onscreen display of information retrieved from the Portal, the quality of any print display, the information contained in any screen dump, any system failure, hardware malfunction, manipulation of data, inadequate or faulty transaction, or delay or failure to provide services to you or using any information provided by you through the Portal.
Indemnity. YOU WILL INDEMNIFY AND SAVE HARMLESS TSSA AND ITS SERVANTS, AGENTS, CONTRACTORS, AND EMPLOYEES AGAINST ANY AND ALL LOSSES, CLAIMS, DAMAGES, ACTIONS, CAUSES OF ACTION, COSTS AND EXPENSES THAT ANY PERSON MAY SUSTAIN, INCUR, SUFFER, OR BE PUT TO BY REASON OF AN ACT OR OMISSION OF THE TSSA OR OF ANY OF ITS SERVANTS, AGENTS, CONTRACTORS, OR EMPLOYEES, OR BY REASON OF THE OPERATION OR FAILURE OF THE OPERATION OF PORTAL, THE COMPUTER SYSTEM OPERATING THE PORTAL OR YOUR COMPUTER HARDWARE, SOFTWARE, OR EQUIPMENT OR YOUR IMPROPER USE OF THE PORTAL.
Personal Information. You consent to the collection and use of personal information about you in accordance with TSSA’s applicable Access and Privacy Code which is available on the TSSA website. Such personal information will be collected, stored, used, disclosed and retained by TSSA through the Portal
Force Majeure. Any service normally provided by TSSA through the Portal may be suspended or cancelled by TSSA we are prevented from performing such services due to objectionable, or infringes our or any third party’s intellectual property or other rights; (b) any non-public information about companies without authorization; or (c) any advertisements, solicitations, chain letters, pyramid schemes, surveys, contests, investment opportunities or other unsolicited commercial communication;
- Submit, or provide links to, any postings containing material that could be considered harmful, obscene, pornographic, sexually explicit, indecent, lewd, violent, abusive, profane, insulting, threatening, harassing, hateful or otherwise objectionable;
- Submit, or provide links to, any postings containing material that harasses, victimizes, degrades, or intimidates an individual or group of individuals on the basis of religion, race, ethnicity, sexual orientation, gender, age, or disability;
- Engage in spamming or flooding;
- Harvest or collect information about Portal users;
- Submit or introduce any software, files or other content to the Portal that contains any viruses, worms, Trojan horses, defects, date bombs, time bombs or other items of a destructive nature;
- Manipulate identifiers, including by forging headers, in order to disguise the origin of any document that you submit;
- Link to any portion of the Portal other than the URL assigned to the home page of the Portal;
- “Frame” or “mirror” any part of the Portal;
- Modify, adapt, sub-license, translate, sell, reverse engineer, decompile or disassemble any portion of the Portal or otherwise attempt to derive any source code or underlying ideas or algorithms of any part of the Content;
- Remove any copyright, trademark or other proprietary rights notices contained on the Portal;
- Use any robot, spider, offline reader, site search/retrieval application or other manual or automatic device, tool, or process to retrieve, index, data mine or in any way reproduce or circumvent the navigational structure or presentation of the Content or the Portal, including with respect to any CAPTCHA displayed on the Portal. Operators of public search engines may use spiders to copy materials from the Portal for the sole purpose of and solely to the extent necessary for creating publicly available searchable indices of the materials, but not caches or archives of such materials. We may revoke this exception at any time and require removal of archived materials gathered in the past;
- Use any automated software or computer system to use or interact with the Portal, including sending information from your computer to another computer where such software or system is active;
- Take any action that imposes or may impose (in our sole discretion) an unreasonable or disproportionately large load on our infrastructure;
- Reproduce, modify, display, publicly perform, distribute or create derivative works of the Portal or the Content;
- Reproduce or scan information or documents generated by the Portal in a format or medium different from that provided by the Portal;
- Decode, decrypt, modify, or reverse engineer any security feature on the Portal;
- Attempt to conceal your identity by using multiple Internet Protocol addresses or email addresses, or by any other means, to conduct transactions on the Portal;
- Use the Portal or the Content in an attempt to, or in conjunction with, any device, program or service designed to circumvent any technological measure that effectively controls access to, or the rights in, the Portal and/or Content in any way including, without limitation, by manual or automatic device or process, for any purpose events outside our control, including but not limited to acts of God, fire, war, strikes, pandemics, epidemics, labour disruptions including strikes and lockouts, civil unrest, unavailability of public infrastructure, unavailability of public telecommunications networks, war, insurrections or apprehended insurrections, terrorism, quarantines, changes in applicable laws or acts of government.
Governing Law and Exclusive Jurisdiction. Any claim relating to the use of the Portal will be governed by the laws of the Province of Ontario and the laws of Canada applicable therein without regard to their conflict of law provisions. In the event of a dispute, you agree to exhaust any complaint customer handling processes provided by TSSA before seeking any remedy from the courts. You submit to the exclusive jurisdiction of the courts located in the city of Toronto, Ontario.
Entire Agreement. These Terms, as may be amended from time to time by TSSA, constitute the entire agreement between you and TSSA with respect to your use of the Portal, excepting other specific agreements, acknowledgments or consents requested or required by TSSA.
Waiver. No waiver of any provision of these Terms shall be binding on or construed against TSSA unless executed by TSSA in writing. No waiver of any of the provisions of these Terms will be deemed to be or shall constitute a waiver of any other provision (whether or not similar) nor shall such waiver constitute a continuing waiver unless otherwise expressly provided.
Severability. Any provision of these Terms (or portion of a provision) which is held by a court of competent jurisdiction to be illegal, invalid or unenforceable in such jurisdiction will, as to that jurisdiction, be ineffective to the extent of such illegality, invalidity or unenforceability and will otherwise be enforced to the maximum extent permitted by law, all without affecting the remaining provisions (and the remaining enforceable portion of such provision, as the case may be) of these Terms or affecting the legality, validity or enforceability of such provision in any other jurisdiction.
Enurement. These Terms shall enure to the benefit of TSSA and its respective successors and assigns.
