Terms and Conditions

Acceptance of the Terms and Conditions of Use

These terms and conditions of use constitute a legal agreement and are entered into by and between you and CertNova Software Solutions Inc. (“Company,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through our website, products, services and/or mobile applications owned or operated by us (the “Platform”).

By accessing or using the Platform, you accept and agree to be bound and comply with these terms and conditions and our privacy policy incorporated herein by reference. If you do not agree to these terms and conditions or the privacy policy, you must not access or use the Platform.

By accessing or using the Platform, you represent and warrant that you are the legal age of majority under applicable law to form a binding contract with the Company and meet all of the foregoing eligibility requirements. If you do not meet all of these requirements, you must not access or use the Platform.

Modifications to the Terms and Conditions and to the Platform

We reserve the right in our sole discretion to revise and update these Terms and Conditions from time to time. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Platform. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use shall be your acceptance of these.

The information and material on the Platform, and the Platform, may be changed, withdrawn or terminated at any time in our sole discretion without notice. We will not be liable if for any reason all or any part of the Platform is restricted to users or unavailable at any time or for any period.

Your use of the Platform and account set-up and security

Users are responsible for obtaining their own access to the Platform and for the Platform’s availability and performance. Users are required to ensure that all persons who access the Platform through a user’s internet connection are aware of these Terms and Conditions and comply with them. Users are responsible for any security breaches or performance issues relating to accessing the Platform.

The Platform including content or areas of the Platform may require user registration. It is a condition of your use of the Platform that all the information you provide on the Platform is correct, current, and complete. Your provision of registration information and any submissions you make to the Platform through any functionality such as applications, chat rooms, e-mail, message boards, profiles, forums, bulletin boards and other such functions (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any user name, password, or any other piece of information chosen by you or provided to you as part of our security procedures, must be treated as confidential, and you must not disclose it to any other person or entity. You understand and agree that your account is personal to you and you agree not to provide any other person with access to this Platform using your user name, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security, and to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any user name, password, or other identifier, whether chosen by you or provided by us, in our sole discretion for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Platform, including without limitation: accessing content and data not intended for you; attempting to breach security or authentication measures; restricting, disrupting or disabling service to users, hosts, servers or networks; illicitly reproducing TCP/IP packet headers; disrupting network services; using any robot, spider, or other automatic device to access the Platform; introducing viruses, trojan horses, worms, logic bombs, or other malicious or technologically harmful material; attacking the Platform via a denial-of-service or distributed denial-of-service attack, flooding, mailbombing or crashing; otherwise attempting to interfere with the proper working of the Platform; and sharing or sublicensing any license or right of access to use the Platform to any other person.

Intellectual property rights and ownership

You understand and agree that the Platform and its entire contents, features, and functionality, including all information, software, code, text, displays, graphics, photographs, video, audio, design, presentation, selection, and arrangement, are owned by the Company, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including copyright, trademark, patent, trade secret, and any other proprietary rights.

The Company name, the Company logo, and all related names, logos, product and service names, designs, images, social media posts, marketing materials, blogs and slogans are trademarks of the Company or its affiliates or licensors. You must not use such marks without the prior written permission of the Company.

You may only use the Platform for your personal and non-commercial use. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Platform, except: your browser may temporarily store or cache copies of materials being accessed and viewed; a reasonable number of copies for personal, non-commercial use may be printed keeping any proprietary notices; and you may take such actions as our site permits for any social media features provided. You must not access or use for any commercial purposes any part of the Platform or any services or materials available through the Platform.

If you print off, copy or download any part of our site in breach of these Terms and Conditions, your right to use our site will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Platform or to any content on the Platform, and all rights not expressly granted are reserved by the Company.

Conditions of use and user submissions and site content standards

As a condition of your access and use you agree that you may use the Platform only for lawful purposes and in accordance with these Terms and Conditions. The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the Platform (collectively, “User Submissions”) and any Interactive Functions. Without limiting the foregoing, you warrant and agree that your use of the Platform and any User Submissions shall not:

• Violate any applicable federal, provincial, local, or international law or regulation, or any intellectual property or other legal rights, or give rise to any civil or criminal liability;
• Include material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory or otherwise objectionable;
• Involve stalking, exploiting or harming minors, or asking for personal information;
• Provide any false, inaccurate or misleading information;
• Send, receive, upload, download, use or reuse any material that does not comply with these Terms and Conditions;
• Impersonate or attempt to impersonate the Company, a Company employee, another user, or any other person or entity;
• Transmit, or procure the sending of, any advertisements or promotions, “spam”, “junk mail”, “chain letters”, contests, or other similar solicitation without our prior written consent;
• Restrict or inhibit anyone’s use or enjoyment of the Platform, or harm the Company or users or expose them to liability;
• Cause annoyance, inconvenience or needless anxiety, or be likely to upset, embarrass, or alarm any other person;
• Promote any illegal activity, or advocate, promote, or assist any unlawful act; and/or
• Give the impression that they originate from or are endorsed by us or any other person or entity, if that is not the case.

User submissions: grant of license

The Platform may contain Interactive Functions allowing User Submissions. None of the User Submissions you submit to the Platform will be subject to any confidentiality by the Company. By providing any User Submission, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive license to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings. You waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions you declare and warrant that you own or have the necessary rights to submit them and to grant the license, and that all User Submissions comply with applicable laws and these standards. You understand and agree that you, not the Company, are fully responsible for any User Submissions you submit or contribute, including to any third party for such content and its accuracy.

Site monitoring and enforcement, suspension and termination

The Company has the right, without provision of notice, to: remove or refuse to post any User Submissions for any or no reason; take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion; take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Platform; and terminate or suspend your access to all or part of the Platform for any or no reason. You waive and hold harmless the Company and its affiliates, licensees and service providers from any claims resulting from any action taken during or as a consequence of investigations by either the Company or such parties or by law enforcement authorities.

We have no obligation, nor any responsibility to any party, to monitor the Platform or use, and do not and cannot undertake to review material that you or other users submit. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party.

No reliance

The content on our Platform is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action on the basis of the content on our site. Although we make reasonable efforts to update the information, we make no representations, warranties or guarantees, whether express or implied, that the content is accurate, complete or up to date. Your use of the Platform is at your own risk.

Privacy

Any user information and User Submissions will be deemed our property and your submissions and use of our site constitutes consent to the collection, use, reproduction, hosting, transmission and disclosure of any such content in compliance with our Privacy Policy. By using this Platform you are consenting to the use of cookies which allow a server to recall previous requests or registration and/or IP addresses to analyze website use patterns. You can set your browser to notify you before you receive a cookie or to turn off cookies; if you do, some areas of the Platform may not function adequately.

Third party websites

For your convenience, this Platform may provide links or pointers to third party sites. We make no representations about any other websites that may be accessed from this Platform. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third party sites and accept no responsibility for them or for any loss or damage that may arise from your use of them. You may link to our homepage, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it. Our site must not be framed on any other site, and we reserve the right to withdraw linking permission without notice.

Online purchases

Certain sections of the Platform may allow you to make purchases from us or from other merchants. If you make a purchase on or through our Platform, all information obtained during your purchase, such as your name, address, method of payment, credit card number, and billing information, may be collected by us, the merchant, and our payment processing company. Your participation, correspondence or business dealings with any affiliate, individual or company found on or through our Platform, and all purchase terms, are solely between you and the merchant. You agree that we shall not be responsible or liable for any loss, damage, refunds, or other matters arising as the result of such dealings, and you release us, our affiliates, our payment processing company, and merchants from any damages you incur.

Geographic restrictions

The owner of the Platform is based in the Province of Saskatchewan, Canada. We provide this Platform for use only by persons located in Canada. This site is not intended for use in any jurisdiction where its use is not permitted. If you access the site from outside Canada you do so at your own risk and you are responsible for compliance with the local laws of your jurisdiction.

Disclaimer of warranties

You understand and agree that your use of the Platform, its content, and any services or items found or attained through the Platform is at your own risk. The Platform, its content, and any services or items found or attained through the Platform are provided on an “as is” and “as available” basis, without any warranties of any kind, either express or implied, including the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. Neither the Company nor any affiliates nor their respective directors, officers, employees, agents or service providers represents or warrants that the Platform will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, or that the Platform or its server are free of viruses or other harmful components.

Limitation on liability

Under no circumstance will the Company, its affiliates and their respective directors, officers, employees, agents, or service providers be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including but not limited to personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, or loss of data, whether caused by tort (including negligence), breach of contract, breach of privacy or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use of, or inability to use, or reliance on, the Platform, any linked websites, or any site content thereon.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the Company, its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Platform, including your User Submissions, third party sites, or any use of the Platform’s content, services, and products other than as expressly authorized.

Governing law and jurisdiction

The Platform and these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Saskatchewan and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision. Any action or proceeding arising out of or relating to this Platform and under these Terms and Conditions will be instituted in the courts of the Province of Saskatchewan and/or the Federal Court of Canada, and each party irrevocably submits to the exclusive jurisdiction of such courts.

Waiver and severability

No waiver under these Terms and Conditions is effective unless it is in writing and signed by an authorized representative of the party waiving its right. No failure or delay in exercising any right, remedy, power or privilege operates as a waiver. If any term or provision of these Terms and Conditions is invalid, illegal or unenforceable in any jurisdiction, such invalidity, illegality or unenforceability shall not affect any other term or provision or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire agreement

The Terms and Conditions and our Privacy Policy constitute the sole and entire agreement between you and CertNova Software Solutions Inc. regarding the Platform and supersede all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and contact

This Platform is operated by CertNova Software Solutions Inc., 20-10 Spence Street, Regina, SK S4S 4H4. Should you become aware of misuse of the Platform including libelous or defamatory conduct, you must report it to the Company at info@competencybasedassessment.ca. All other feedback, comments, requests for technical support, and other communications relating to the Platform should be directed to info@competencybasedassessment.ca.

Dated effective 2025-01-24.