Terms of Use

Understand the terms of use that apply when you use the InstaCert website or Learning Management System (LMS).

About this website and associated systems

1. This is a website and learning management system (LMS) operated by InstaCert (of The Canadian Institute of Food Safety) under the domain “http://www.instacert.ca” (hereinafter referred to as the “website”) identified by the page local to the website set up to provide access to the website (hereinafter referred to as the “home page”) addressed at http://www.instacert.ca/

About these terms of use

1. These terms of use (hereinafter the “terms of use”) and the associated Privacy Statement govern your access to and use of the website and LMS. You should read these terms of use carefully before using this website. Your access/use implies agreement.
2. The website and LMS is available for your use only on condition that you agree to these terms of use. By accessing/using the website and LMS, you are signifying your agreement to be bound by these terms. Certain other actions imply agreement to additional terms.
3. In addition to the terms of use, there may also be specific terms (“additional terms”) which govern your use of, and access to, particular sections of the website and LMS. Since you are also bound by these additional terms, you should review them wherever they are offered to you.
4. Certain actions, payment or agreement on your part may mean that such services are additional to the normal terms and are subject to a separate agreement. When this happens you shall be offered additional terms through a hyperlink associated with these additional services. Since you are also bound by these additional terms, you should review them wherever they are offered to you.

Limited licence

1. InstaCert grants you a limited, personal, non-transferable, non-sub-licensable, revocable licence to:
   • access and use the website, LMS, content and services only; and
   • access and use the website, LMS, content and services in the manner presented by InstaCert only.
2. None of the content and/or information may be reverse-engineered, modified, reproduced, republished, translated into any other language or computer language, re-transmitted in any form or by any means, resold or redistributed without the prior written consent of InstaCert. You may not make, sell, offer for sale, modify, reproduce, display, publicly perform, import, distribute, retransmit or otherwise use the content in any way unless expressly permitted to do so by InstaCert.

Modifications to the terms

1. InstaCert may revise and update these terms of use at any time. Your continued usage of the website and LMS after any changes to these terms of use will mean you accept those changes.

Modification to the information

1. While InstaCert has made every effort to ensure that information on the website and LMS is free from error, InstaCert does not warrant the accuracy, adequacy or completeness of the material on these systems. All information may be changed, supplemented, deleted or updated without notice at the sole discretion of InstaCert. InstaCert recommends that you seek independent advice before acting upon material on this website and LMS.

Errors and problems

1. While InstaCert has made every effort to ensure that systems and information available on the website and LMS is and shall be free from error, InstaCert does not guarantee that the website and LMS will be free from viruses, or that access to the website will be uninterrupted.

Licence and ownership

1. Any and all intellectual property rights (hereinafter called ”intellectual property”) associated with the website and its material and contents including course materials accessed via the LMS (hereinafter called the “content”) are the sole property of InstaCert. The copyright for the content on this website is owned or licensed by the InstaCert and is protected by copyright and other laws in both Canada and other countries.
2. Except where necessary for viewing the material on this website on your browser, or as permitted under copyright legislation or other applicable laws or these terms of use, no material on this website or LMS may be reproduced, adapted, uploaded to a third party, linked to, framed, performed in public, distributed or transmitted in any form by any process without the specific written consent of InstaCert.
3. Upon registering an account with InstaCert you agree to grant us permission to make reference to any customer testimonials, feedback, business and/or trading names, logos and trademarks for promotional, sales and marketing purposes.
4. All custom graphics, icons, and other items that appear on the website and LMS and all associated trademarks, are trademarks of InstaCert.

Outbound links

1. The website and LMS may contain links to third-party websites and resources (hereinafter referred to as “linked sites”). These linked sites are provided solely as a convenience to you and not as an endorsement by InstaCert of the content on such linked sites. InstaCert makes no representations or warranties regarding the correctness, accuracy, performance or quality of any content, software, service or application found at any linked site.
2. InstaCert is not responsible for the availability of the linked site or the content or activities of such sites. If you decide to access linked sites, you do so at your own risk. If you do decide to make use of the link you should remember that your use of the linked site is likely to be subject to terms and conditions of use similar to these, including but not limited to, the linked site’s privacy policy. InstaCert recommends that you review such terms before using the linked site.
3. To the fullest extent possible at law, InstaCert makes no warranties or representations regarding the quality, accuracy, merchantability or fitness for purpose of third party material or products or services available through linked sites; or that third party material available from a linked site does not infringe the intellectual property rights of any person. Without impacting its ability to exclude itself from such responsibilities and warranties InstaCert may receive payments and/or commissions from operators of linked sites in relation to goods or services supplied by the operator as a result of you linking to the third party website from the InstaCert website.

Inbound links

1. InstaCert generally encourages and agrees to your linking to the home page through a plain text link on your website without the need for agreement between yourself and InstaCert. However, linking to any other page of the website is strictly prohibited, in the absence of a separate agreement between you and InstaCert that clearly describes the rights and responsibilities of linking to other pages.
2. Any website or other devices that link to the home page or any page available therein is prohibited from:
   • replicating content; and/or
   • using a browser or border environment around the content; and/or
   • implying in any fashion that InstaCert is endorsing it or its products; and/or
   • misrepresenting any state of facts, including its relationship with InstaCert; and/or
   • presenting false information about InstaCert products or services; and/or
   • using the InstaCert logo(s) or trademark(s) without express written permission from InstaCert.

Submissions

1. While not refusing to accept ideas from you regarding information available on the website (hereinafter called “comments”) InstaCert does not encourage you to make such comments. If you do send such comments, you acknowledge that:
   • They will not be considered confidential or proprietary, and
   • InstaCert is under no obligation to keep such information confidential, and
   • InstaCert will have an unrestricted, irrevocable, worldwide, royalty-free right to use, communicate, reproduce, publish, display, distribute and exploit such comments in any manner it chooses.

Disclaimer of warranties

1. To the fullest extent permitted by law InstaCert makes no representations or warranties about the accuracy, completeness, security or timeliness of the content, information or services provided by the website and disclaims all warranties, either express or implied, statutory or otherwise, including but not limited to the implied warranties of merchantability, non-infringement of third parties’ rights, and fitness for a particular purpose.

Limitation of liability

1. To the fullest extent permitted by law and to the extent that InstaCert otherwise found responsible for any damages, InstaCert is responsible for actual damages only. In no event shall InstaCert be liable for any incidental, indirect, exemplary, punitive and/or consequential damages, lost profits, or damages resulting from lost data or business interruption resulting from the use of or inability to use the website and/or LMS.

Jurisdiction

1. Unless expressly agreed otherwise:
   • the Canadian section is provided for use only by Canadian residents. The law applicable to use of the Canadian section and to disputes arising out of the Canadian section is the law of British Columbia; and
   • the International Section is provided for use by residents of any country in the world, but to the fullest extent permitted by law the law applicable to use of the International Section and to disputes arising out of the International Section is the law of British Columbia, Canada.

Customer service

1. Questions or comments regarding the website or LMS may be submitted in writing through our contact us page.