TERMS OF USE
Last updated [October 11, 2023], 2023
PLEASE READ THESE TERMS OF USE TOGETHER WITH ANY AND ALL OTHER TERMS, CONDITIONS, AND POLICIES REFERENCED HEREIN CAREFULLY, AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES, AND OBLIGATIONS AS WELL AS DISCLAIMERS, LIMITATIONS, AND EXCLUSIONS OF OUR LIABILITY AND LIMITATIONS AND WAIVERS OF YOUR RIGHTS AND REMEDIES.
1. Welcome. Welcome to EmergencyTIPS.ca™! This website (this “Site”) is owned and operated by Emergency Tips Inc. (“ETIPS”, “we”, “us”, or “our” or words of similar meaning). This Site provides you with access to our proprietary web-based software-as-a-service (SaaS) emergency management software called EmergencyTIPS™ (the “ETIPS Software” and, together with the Platform and any associated applications and software, the “Platform”).
2. Your Agreement to these Terms of Use. The Platform, the Content, and Links (each, as defined herein) are made available to you subject to your compliance with these terms and conditions of use and our Privacy Policy (collectively, these “Terms of Use”).
THESE TERMS OF USE CONSTITUTE A BINDING LEGAL AGREEMENT BETWEEN YOU AND ETIPS. BY ACCESSING OR USING THE PLATFORM OR ANY CONTENT (IN WHOLE OR IN PART), YOU COVENANT AND AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE AND REPRESENT AND WARRANT THAT YOU HAVE READ AND UNDERSTAND THESE TERMS OF USE. IF YOU DO NOT AGREE TO BE BOUND BY, AND COMPLY WITH, THESE TERMS OF USE (IN WHOLE OR IN PART), YOU ARE NOT PERMITTED TO ACCESS OR USE THE PLATFORM OR ANY CONTENT.
3. Minors. The Platform is only accessible to users who are 18 years of age or older and capable of entering into binding contracts. Minors are forbidden to access and use the Platform (in whole or in part). When accessing the Platform or any portion of it, you represent and warrant that you are at least 18 years of age and capable of entering binding contracts.
4. Modifications. ETIPS reserves the right, in its sole discretion, to amend, modify, restate, replace, or supplement these Terms of Use, in whole or in part, at any time and from time to time. You should review these Terms of Use regularly. By accessing or using the Platform or any Content after any such amendments, modifications, restatements, replacements, or supplements, you agree to be bound by, and comply with, these Terms of Use, as so amended, modified, restated, replaced, or supplemented. If any such amendment, modification, restatement, replacement, or supplement is not acceptable to you, you must immediately cease accessing and using the Platform and any and all Content.
5. Content, Links, and Third-Party Sites. The Platform contains content provided by ETIPS and third parties (the “Content”) and may contain forms or links (each, a “Link”) that direct you to websites of third parties (each, a “Third-Party Site”). TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETIPS DOES NOT REPRESENT OR WARRANT THAT THE PLATFORM OR ANY CONTENT, LINK, OR THIRD-PARTY SITE WILL BE ERROR FREE, OR COMPLETELY ACCURATE OR CURRENT AT ALL TIMES OR AT ANY TIME. INFORMATION ON THE PLATFORM COULD INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. TO THE EXTENT THAT THE PLATFORM OR ANY CONTENT, LINK, OR THIRD-PARTY SITE IS CURRENT AS OF THE DATE OF FIRST PUBLICATION, IT MAY NO LONGER BE ACCURATE AS A RESULT OF THE PASSAGE OF TIME. NO ONE SHOULD ACT, OR NOT ACT, ON THE SOLE BASIS OF THE CONTENT, LINKS, OR THIRD-PARTY SITES (IN WHOLE OR IN PART).
6. CAUTION: Professional Emergency Management Advice Not Provided. The Platform and the Content are provided for convenience and information purposes only, contain statements of general principles only, and are not meant as professional emergency management opinion or advice. You are cautioned not to act or rely solely upon the basis of the information provided by way of the Platform, including the Content, without first seeking specific advice from a competent emergency management professional who will be able to provide analysis and advice on a specific matter and with respect to your unique circumstances. None of the Content is intended to be, nor will any of it be construed as being, in any way whatsoever professional emergency management, emergency response, or medical or health related advice or any other advice of a similar nature. No one should act, or not act, on the sole basis of the Platform or the Content. Neither the Platform nor any of the Content is intended to replace emergency management services provided by a competent emergency management professional. You may not rely upon the Platform or the Content (in whole or in part) in any way whatsoever during an emergency or incident. Neither the Platform nor any of the Content should ever be used in a mission-critical context, including any circumstances in which harm, including physical injury, disease, or death, could be caused to any person or otherwise interfere with proper incident response. Neither the Platform nor any of the Content should be relied upon as accurate, reliable, complete, current, timely, or fit for any particular purpose. TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETIPS DOES NOT REPRESENT, WARRANT, OR GUARANTY ANY PARTICULAR RESULT FROM THE ACCESS OR USE OF THE PLATFORM OR ANY CONTENT AND HEREBY DISCLAIMS ANY AND ALL RESPONSIBILITY AND LIABILITY FOR ANY RELIANCE WHATSOEVER ON THE PLATFORM OR THE CONTENT IN WHOLE OR IN PART.
7. Your Content. The Platform may allow for you to share, upload, or provide information and other content to the Platform and to us and third parties from time to time (“Your Content”). By uploading or providing any of Your Content to the Platform, you represent and warrant that you have all necessary rights and licences to do so. ETIPS reserves the right in its discretion to remove, edit, limit, or block access to any of Your Content at any time, and it will have no obligation to display or review Your Content. You are solely responsible and liable for Your Content.
8. Your Publicly Shared Content. Your Content, other than your personal information, is referred to herein as “Your Publicly Shared Content”. You acknowledge and agree that Your Publicly Shared Content is public. By uploading or providing Your Publicly Shared Content to the Platform, you automatically and unconditionally grant ETIPS a non-exclusive, royalty-free, irrevocable, sub-licensable, transferrable, perpetual, worldwide right and licence to use, copy, modify, display, and publish Your Publicly Shared Content in any way, without compensation to you, including editing, copying, modifying, adapting, translating, reformatting, creating derivative works from, incorporating into other works, advertising, distributing, and otherwise making available to the general public Your Publicly Shared Content (in whole or in part) in any format or medium currently known or developed in the future (“Your Licence”). You acknowledge and agree that ETIPS may assign, transfer, or sub-license Your Licence to any person, including its affiliates and successors, without any further approval by you.
9. Prohibited Content. You agree to not post, provide, or upload any of Your Content to the Platform that:
(a) contains language or imagery that could be deemed offensive or is likely to harass, upset, embarrass, alarm, or annoy any other person;
(b) is obscene, pornographic, violent, or that otherwise may offend human dignity;
(c) is abusive, insulting, threatening, discriminatory, or that promotes or encourages racism, sexism, hatred, or bigotry;
(d) is inaccurate, incomplete, or misleading or includes advice or guidance that is negligent or fraudulent;
(e) encourages any illegal activity (including terrorism) or incites racial hatred or the submission of which in itself constitutes committing a criminal offence;
(f) is defamatory or libellous;
(g) unless and only to the extent otherwise expressly provided in any other agreement between you and ETIPS, relates to commercial activities, including sales, competitions and advertising, or links to other websites or premium line telephone numbers;
(h) involves the transmission of “junk” mail or “spam”;
(i) contains any spyware, adware, viruses, corrupt files, Trojan horses, worm programs or other malicious code designed to interrupt, damage, limit the functionality of, or disrupt any software, hardware, telecommunications, networks, servers or other equipment; or contains any other material designed to damage, interfere with, wrongly intercept, or expropriate any data or personal information whether from ETIPS or otherwise;
(j) itself, or the posting of which, infringes any person’s rights, including intellectual property rights and privacy rights; or
(k) shows another person if Your Content was created or distributed without that person’s express consent.
10. Permitted Uses. You may access and use the Platform and the Content and Links only in accordance with these Terms of Use and applicable law. ETIPS grants to you a non-exclusive, non-transferable, revocable right and licence to access and use the Platform and the Content only to display on your own computer or mobile device for your own personal non-commercial use, provided that the Content is not modified or altered in any way whatsoever (“Permitted Uses”). By accessing or using the Platform or any other ETIPS Property (as defined herein) or by displaying, saving, downloading, or printing a copy of any Content, you do not acquire any ownership rights, including by right or licence, to the Platform or any other ETIPS Property. All rights not expressly granted herein by ETIPS are expressly reserved by ETIPS.
11. Linking and Third-Party Sites. You acknowledge and agree that:
(a) Links and Third-Party Sites and the content of, and any services or products accessible by, Links or Third-Party Sites are not provided by, nor is any of it under the control of, ETIPS;
(b) ETIPS does not endorse any content of, or any services or products accessible by, any Third-Party Site or provide any representation, warranty, or guarantee regarding the quality, accuracy, reliability, completeness, currency, timeliness, non-infringement, or fitness for any purpose of any such Third-Party Site or the content thereon or any services or products advertised thereon or accessible thereby; and
(c) if you choose to access a Third-Party Site, you do so entirely at your own risk and liability.
12. Trademarks. Any and all trademarks, corporate names, business names, and other trade names of ETIPS, including EMERGENCYTIPS™ and ETIPS™ and any and all logo, word script, and design versions thereof, in each case whether registrable or not, owned, or used by ETIPS are trademarks of ETIPS or its affiliates (collectively, the “ETIPS Marks”). Other trademarks, service marks, graphics, and logos used in connection with ETIPS Property may be the trademarks of their respective owners. You are not granted any right or license with respect to any of the foregoing trademarks, including ETIPS Marks, or any use thereof.
13. ETIPS Property.
(a) “ETIPS Property” means the Platform and any and all related: (i) ETIPS Marks, Content, services, and products; (ii) logos, designs, graphics, images, photographs, artwork, and other artistic works; (iii) editorial content, text, data, and other literary works; (iv) videos, sounds and all performance or audio-visual works; (v) selections, arrangements, compilations, modifications, and enhancements of any of the foregoing (vi) software, including source code, object code, and scripts that may execute on the Platform’s servers or that may be embedded or downloadable from individual web pages on the Platform; (vii) the look and feel, architecture, interface, templates, layout, and web pages of the Platform; and (viii) intellectual property rights in any of the foregoing.
(b) You acknowledge and agree that all ETIPS Property: (i) is protected by copyright and is owned by ETIPS, its affiliates, its trading partners, and/or its licensors; (ii) contains proprietary information and material that is owned by ETIPS, its affiliates, its trading partners, and/or its licensors; and (iii) is protected by applicable law, including copyright law. Any and all copyrights in and to any ETIPS Property, including the compilation of content, postings, links to other Internet resources, and descriptions of those resources and related software, are owned by ETIPS and its affiliates or their respective licensors, who in each case reserve all their rights in law and equity.
(c) The use of any software owned by or licensed to ETIPS (including related code or scripts) or any part of ETIPS Property, except as expressly permitted pursuant to these Terms of Use, is strictly prohibited and infringes on the intellectual property rights of ETIPS and others and may subject you to civil and criminal penalties, including monetary damages, for copyright infringement.
(d) Notwithstanding any other provision of these Terms of Use, ETIPS and its licensors reserve the right to change, suspend, remove, or disable access to any ETIPS Property at any time without notice. You acknowledge and agree that, in no event will ETIPS be liable for making any such changes. ETIPS may also impose limits on your use of or access to certain features or portions of ETIPS Property, in any case and without notice or liability.
14. Prohibited Activities. You may not access the Platform or any other ETIPS Property in any way or for any purpose that is unlawful or that contravenes these Terms of Use. Unless and only to the extent otherwise expressly permitted in writing by ETIPS, you will not access or use any ETIPS Property for any purpose that is outside the scope of the Permitted Uses or that violates the rights of ETIPS or any other person. Without limiting the foregoing, you will not, directly or indirectly, on your own or with any other person, in any manner whatsoever:
(a) access or use any portion of the Platform or other ETIPS Property that is not expressly authorized for use by you;
(b) exploit any ETIPS Property (in whole or in part), including by trespass or burdening network capacity (either of ETIPS or a third party);
(c) reproduce any ETIPS Property (in whole or in part) in any form or by any means;
(d) make available, distribute, display, post, disseminate, publish, republish, transmit, re-transmit, communicate to the public, or broadcast any ETIPS Property (in whole or in part);
(e) create derivative works of any ETIPS Property (in whole or in part), or modify, translate, select, arrange, merge, compile, or otherwise combine any ETIPS Property (in whole or in part) with other data, content, or frame from or on another website;
(f) scrape, whether by way of screen scraping or database scraping, any ETIPS Property (in whole or in part) or engage in any other activity intended to collect, store, reorganize, summarize, or manipulate any ETIPS Property (in whole or in part), whether by an automatic program or a manual process;
(g) sell, licence, sublicence, transfer, rent, lease, or loan any ETIPS Property (in whole or in part) or any reproduction of all or any portion thereof in any medium;
(h) decompile, disassemble, reverse engineer, virtualize, or otherwise exploit any ETIPS Property (in whole or in part), its architecture, or any underlying software or code;
(i) dilute, tarnish, or otherwise harm ETIPS brand, goodwill, or reputation in any way, including through unauthorized use of any ETIPS Property, registering or using ETIPS Marks (in whole or in part) or derivative terms in domain names, trade names, trademarks, or other source identifiers, or registering or using domain names, trade names, trademarks, or other source identifiers that closely imitate or are confusingly similar to ETIPS’s domains, trademarks, taglines, promotional campaigns, or any other ETIPS Property;
(j) access or use the Platform or any other ETIPS Property (in whole or in part) in any way or for any purpose that violates applicable law or any of the terms and conditions of these Terms of Use;
(k) access or use the Platform or any other ETIPS Property (in whole or in part) for any purpose that violates the rights of ETIPS or (in the sole discretion of ETIPS) any other person;
(l) access or use the Platform or any other ETIPS Property (in whole or in part) for any purpose or in any manner that falsely implies the endorsement of ETIPS, a partnership with ETIPS, or otherwise misleads others as to your affiliation or relationship with ETIPS;
(m) use the Platform or any Links (in whole or in part) in the operation of a service bureau or process or permit to be processed the information or data of any person;
(n) copy, store, or otherwise access or use any information, including personal information of any other person, contained on or accessible by way of the Platform in any way that is inconsistent with applicable law or that otherwise violates the privacy rights of any person;
(o) discriminate against or harass anyone on the basis of race, national origin, religion, gender, gender identity, physical or mental disability, medical condition, marital status, age, or sexual orientation or otherwise engage in any violent, harmful, abusive or disruptive behaviour or otherwise contrary to applicable law;
(p) avoid, bypass, remove, deactivate, impair, descramble, or otherwise attempt to circumvent any technological measure implemented by ETIPS or any person for or on behalf of ETIPS to protect the Platform or any other ETIPS Property (in whole or in part);
(q) take any action that damages or adversely affects or could damage or adversely affect the performance or proper functioning of the Platform or any other ETIPS Property (in whole or in part); or
(r) violate or infringe any person’s rights (including intellectual property rights) or otherwise cause harm, injury, illness, or death to any person or any losses or damages to any tangible or intangible property.
15. Privacy. For information about how ETIPS collects, uses, and shares your personal information, please review our Privacy Policy.
16. DISCLAIMERS. YOU ACKNOWLEDGE AND AGREE THAT:
(a) THE PLATFORM AND ANY AND ALL CONTENT AND LINKS ARE PROVIDED ON AN “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS” BASIS WITHOUT REPRESENTATION, WARRANTY, OR CONDITION OF ANY KIND WHATSOEVER;
(b) ACCESS TO, AND USE OF, THE PLATFORM AND ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES AND ANY RELATED SERVICES AND PRODUCTS IS ENTIRELY AT YOUR OWN RISK AND LIABILITY;
(c) TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ETIPS DISCLAIMS ANY AND ALL REPRESENTATIONS, WARRANTIES, AND CONDITIONS OF ANY KIND WHATSOEVER (WHETHER EXPRESS, IMPLIED, OR COLLATERAL) AND ANY AND ALL LIABILITY WITH RESPECT TO THE PLATFORM AND ANY AND ALL CONTENT, LINKS, AND THIRD-PARTY SITES, AND ANY RELATED SERVICES AND PRODUCTS, INCLUDING IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY AND RELATED RIGHTS, OR THAT THE PLATFORM OR ANY CONTENT OR ANY THIRD-PARTY SITE OR ANY RELATED SERVICE OR PRODUCTS WILL MEET ANY PERSON’S NEEDS OR WILL BE AVAILABLE FOR USE AT ANY PARTICULAR TIME OR WILL BE UNINTERRUPTED OR ERROR-FREE;
(d) ETIPS DOES NOT REPRESENT, WARRANT, OR GUARANTEE THAT THE PLATFORM OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES OR PRODUCTS IS OR WILL BE COMPATIBLE WITH YOUR COMPUTER SYSTEMS, ERROR-FREE, OR FREE OF VIRUSES, WORMS, TROJAN HORSES, DISABLING DEVICES, OR OTHER CODE THAT MANIFESTS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR HAS HARMFUL EFFECTS;
(e) ETIPS WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR, AND YOU ARE SOLELY RESPONSIBLE FOR, IMPLEMENTING APPROPRIATE SAFEGUARDS TO PROTECT THE SECURITY AND INTEGRITY OF YOUR COMPUTER SYSTEMS AND THE ENTIRE COST OF ANY SERVICE, REPAIRS, OR CONNECTIONS OF AND TO YOUR COMPUTER SYSTEMS THAT MAY BE NECESSARY AS A RESULT OF YOUR USE OF THE PLATFORM AND ANY AND ALL CONTENT, LINKS, THIRD-PARTY SITES, OR ANY RELATED SERVICES AND PRODUCTS; AND
(f) ETIPS WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR ANY PROBLEMS OR TECHNICAL MALFUNCTION OF ANY NETWORK OR LINES, COMPUTER ONLINE SYSTEMS, SERVERS, PROVIDERS, COMPUTER EQUIPMENT, SOFTWARE, OR FAILURE OF ANY EMAIL OR ANY OTHER COMMUNICATION BETWEEN YOU AND ETIPS OR ANY THIRD PARTY ON ACCOUNT OF TECHNICAL PROBLEMS OR TRAFFIC CONGESTION ONLINE OR ON THE INTERNET OR THE PLATFORM OR ANY LINKS, THIRD-PARTY SITES, THIRD-PARTY SERVICES, OR ANY OTHER WEBSITES OR SERVICES, OR ANY COMBINATION THEREOF, INCLUDING ANY INJURY OR DAMAGE TO ANY PERSON’S COMPUTER RELATED TO OR RESULTING FROM DOWNLOADING OR STREAMING ANY CONTENT OR MATERIALS.
17. Violation of the Law. You acknowledge and agree that any attempt by you or on your behalf to deliberately damage or misappropriate the Platform or any other ETIPS Property (in whole or in part) or to undermine the legitimate operation of the Platform or any other ETIPS Property (in whole or in part) may be a violation of criminal and/or civil laws, and should such an attempt be made, ETIPS reserves the right to seek damages from you to the maximum extent permitted by law.
18. Indemnity. To the maximum extent permitted by applicable law, you agree to indemnify, defend, and hold harmless ETIPS and its trading partners and licensors and their respective affiliates and their respective directors, officers, employees, personnel, contractors, subcontractors, agents, and representatives from and against any and all actual, threatened or potential civil, criminal, administrative, regulatory, arbitral, or investigative claims, demands, allegations, actions, suits, investigations, or proceedings and any and all losses, liabilities, and damages (including taxes and related penalties) and related costs or expenses, including legal fees (on a full indemnity basis), and expenses and costs of litigation, settlement, judgement, appeal, interest and penalties (on a full indemnity basis) that may be suffered or incurred by any of them arising out of or as a result of or relating in any manner whatsoever to:
(a) any breach or non-observance by you of these Terms of Use, including any of your obligations pursuant to or in connection with these Terms of Use;
(b) Your Content;
(c) your reliance upon or any use of or any actions or omissions by you in reliance upon the Platform or any Content, Links, or Third-Party Sites (in whole or in part);
(d) any loss of, damage to, or destruction of ETIPS Property or the property of any other person, including any Links, Third-Party Sites, or any related services or products, to the extent that said loss, damage or destruction is caused by you or someone for whom you are responsible at law;
(e) personal injury (including death) in connection with the Platform or any Content, Links, Third-Party Sites, or any related services or products to the extent caused by you; or
(f) your negligence, fraud, or criminal, willful, or intentional misconduct.
19. LIMITATION OF LIABILITY. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL ETIPS OR ANY OF ITS TRADING PARTNERS OR LICENSORS OR ANY OF THEIR RESPECTIVE AFFILIATES OR ANY OF THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, PERSONNEL, CONTRACTORS, SUBCONTRACTORS, AGENTS, OR REPRESENTATIVES BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND, INCLUDING DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES, TANGIBLE OR INTANGIBLE HARM, IRREPARABLE HARM, LEGAL FEES, OR ANY LOSS OF ANY KIND WHATSOEVER, OR OTHER LIABILITIES, WHETHER OR NOT ETIPS OR ANY ETIPS PERSONNEL IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSS, RESULTING FROM THE USE OF, OR THE INABILITY TO MAKE USE OF, THE PLATFORM OR ANY CONTENT, LINKS, THIRD-PARTY SITES, OR THIRD-PARTY SERVICES OR PRODUCTS.
20. Injunctive and Equitable Relief. You acknowledge and agree that, to the maximum extent permitted by applicable law:
(a) your compliance with these Terms of Use is necessary to protect personal information and/or the intellectual property, confidential information, proprietary information, business, goodwill, and/or proprietary interests of ETIPS and its affiliates and third parties;
(b) your breach of these Terms of Use may give rise to irreparable harm or injury to ETIPS that will not be adequately compensable with monetary damages;
(c) ETIPS may, in addition to any other remedy, enforce the performance of these Terms of Use by way of equitable relief, including interim, interlocutory and/or final injunctive relief, specific performance, or such other and further relief as a court may deem just and proper, upon application to a court of competent jurisdiction without proof of actual damages, without a requirement that a finding of irreparable harm or other criteria for the awarding of injunctive relief be made, and without the requirement of posting a bond or other security; and
(d) notwithstanding that damages may be readily quantifiable, you will not plead sufficiency of damages as a defence in any such proceeding.
21. Headings. The division of these Terms of Use into Sections and the insertion of headings are for convenience of reference only and will not affect the construction or interpretation of these Terms of Use. The terms “hereof”, “hereunder”, and similar expressions refer to these Terms of Use and not to any particular Section, or other portion of these Terms of Use and include any agreement supplemental hereto. Unless something in the subject matter or context is inconsistent therewith, references in these Terms of Use to Sections are to Sections of these Terms of Use.
22. Extended Meanings. In these Terms of Use, unless the context requires otherwise, words importing the singular include the plural and vice versa and words importing gender include all genders and the terms “include” and “including” will also mean “include without limitation” and “including without limitation” respectively.
23. Statute References. Any reference in these Terms of Use to any statute or any section thereof will, unless otherwise expressly stated, be deemed to be a reference to such statute or section as amended, restated, or re-enacted from time to time.
24. Assignment. Neither these Terms of Use nor any of the rights or obligations pursuant hereto may be assigned, transferred, or delegated by you without the prior written consent of ETIPS. ETIPS may without restriction assign, transfer, or delegate these Terms of Use and any rights and obligations hereunder, at its sole discretion, to any person without notice to you.
25. Waiver. The waiver by ETIPS of a breach or default of any provision of these Terms of Use by you or any delay or omission on the part of ETIPS to exercise or avail itself of any of its rights, remedies, powers, or privileges cannot be interpreted as a waiver of any succeeding breach of the same or any other provision of these Terms of Use.
26. Severability. In the event that any provision (or any portion of a provision) of these Terms of Use will for any reason be held by a court of competent jurisdiction to be invalid, illegal, or unenforceable for any reason, such invalidity, illegality, or unenforceability will not affect any other provision of these Terms of Use and these Terms of Use will be construed as if such invalid, illegal, or unenforceable provision (or portion of a provision) had never been contained in these Terms of Use in regards to that particular jurisdiction.
27. Relationship. Nothing in these Terms of Use or your access to or use of the Platform, any Content, any other ETIPS Property or any Links, Third-Party Sites, or any related services or products will be deemed to constitute either party hereto as an agent, representative, or employee of the other party or both parties as joint venturers or partners for any purpose.
28. Governing Law. These Terms of Use, including the interpretation, validity, effect, and enforcement of these Terms of Use, and any and all disputes arising out of or in connection with these Terms of Use or in respect of any legal relationship associated with or derived from these Terms of Use, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply notwithstanding your domicile, residency, or physical location, or the location of any ETIPS office or any ETIPS personnel with whom you may communicate or deal. The United Nations Convention on Contracts for the International Sale of Goods (CISG) or any similar or successor convention or law, will not be applied to these Terms of Use or any interactions with, or transactions conducted pursuant to or in connection with, the Platform. The Platform and the Content and Links are intended for use only in jurisdictions where they may be lawfully provided for use and not be used in any jurisdiction where such use may be prohibited by law, including any embargoed jurisdiction.
29. Forum for Disputes. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding in connection with these Terms of Use or the Platform and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
30. Jury Trial Waiver. You acknowledge and agree that, to the maximum extent permitted by applicable law, you waive the right to a trial by jury in respect of any and all disputes arising from or in connection with these Terms of Use or the Platform.
31. Admissibility. A printed version of these Terms of Use and of any notice given in electronic form will be admissible in judicial or arbitral proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
32. Contact Us. If you have any questions regarding these Terms of Use, please contact us via email to [email protected] or our Contact Us page.
Emergency TIPS Inc.
[email protected]

PRIVACY POLICY
Last updated October 11, 2023, 2023
1. The Platform. Thank you for visiting EmergencyTIPS.ca (this “Site”). This Site provides you with access to our proprietary web-based software-as-a-service (SaaS) emergency management software called EmergencyTIPS™ (the “ETIPS Software” and, together with this Site and any associated applications and software, the “Platform”). The Platform is owned and operated by Emergency Tips Inc. (“ETIPS”, “we”, “us”, or “our” or words of similar meaning).
2. This Privacy Policy. This privacy policy (this “Privacy Policy”) is provided by ETIPS and applies to personal information we collect in connection with the Platform. This Privacy Policy sets out and explains the types of personal information that are collected in connection with the Platform, how we collect, store, use, process, and share that personal information, and with whom we may share it. We appreciate the trust you place in us when you choose to access, visit, and use the Platform or the websites of our Third-Party Providers (as defined herein), and we take our responsibilities regarding your personal information seriously. This Privacy Policy describes the measures we take to protect the security of your personal information, and it tells you how you can reach us to ask us to:
(a) access, change, or not use the personal information you have provided to us;
(b) withdraw any consent you previously provided to us;
(c) refrain from communicating with you about our products or services; and
(d) answer any questions you may have about our privacy practices.
Please read this Privacy Policy carefully so that you understand how we collect, store, use, process, share, and protect your personal information. If you do not agree to our collection, storage, use, processing, or sharing of your personal information or if you do not agree to the terms of this Privacy Policy, you may choose to not provide us with any of your personal information. You may revoke your consent to our collection, storage, use, processing, and sharing of your personal information at any time by notifying us of your revoked consent via email to [email protected] or via our Contact Us page.
3. Changes to this Privacy Policy. Company reserves the right to change, modify, restate, or replace this Privacy Policy at any time and from time to time, including for the purposes of ensuring that our policies are in line with Canadian privacy law and best industry practices. You should review this Privacy Policy from time to time to ensure that you are aware of and accept any changes made. To obtain a current copy of this Privacy Policy, you may contact us via email at [email protected] or via our Contact Us page.
4. Personal Information and Privacy Law. In general, “personal information” is information about an identifiable individual, subject to more particular definitions or interpretations under Canadian privacy laws, including the federal Personal Information Protection and Electronic Documents Act (Canada) (PIPEDA) and similar provincial legislation (“Privacy Law”). Privacy Law gives consumers the right to limit the sharing of personal information. Privacy Law requires us to tell you how we collect, use, process, share, and protect your personal information. This Privacy Policy does not apply to any information that is not personal information as defined under Privacy Law.
5. Children’s Privacy. The Platform is not directed to people under the age of 18, and we do not knowingly collect personal information from people under the age of 18, including by way of the Platform. If we become aware that we have inadvertently received personal information from a visitor under the age of 18 in connection with the Platform, we will delete all such personal information from our records.
6. Your Consent. We will only collect, store, use, process, and share your personal information with your consent or as permitted or required by Privacy Law. If you provide your consent for us to collect, store, use, process, and share personal information about another person, we will assume you have the consent of that individual to enable us to collect, store, use, process, or share their personal information as described in this Privacy Policy. If you provide us with your personal information for a secondary reason (e.g., newsletter subscription or marketing messages), we will ask you directly for your expressed consent and provide you with an opportunity to withdraw your consent. Your consent may be express or implied, depending on the circumstances and the sensitivity of the personal information in question. By accessing and using the Platform or by clicking on any of the links on the Platform or by accessing or using any of the websites of Third-Party Providers or by providing us or Third-Party Providers with personal information for any reason, including to complete a transaction or to verify your credit card, you consent to all such collection, storage use, processing, and sharing of your personal information by us and Third-Party Providers. Your consent to the collection, use, processing, and sharing of your personal information may be implied by the fact that you have provided the information to access or use the Platform or the websites of Third-Party Providers or related products and services or where the collection, use, processing, and sharing of personal information is necessary for, or directly relates to, the provision of products and services by us or Third-Party Providers. If you provide us with your personal information for a secondary reason (e.g., newsletter subscription or marketing messages), we will ask you directly for your expressed consent and provide you with an opportunity to withdraw your consent or unsubscribe. If you provide personal information about another person to us, we assume you have the consent of that individual to enable us to collect, store, use, process, or share their information as described in this Privacy Policy. If you choose to provide personal information to us, we assume that you consent to the collection, storage, use, processing, and sharing of your personal information as outlined in this Privacy Policy.
7. Revoking Consent. If you do not wish to consent to our collection, storage, use, processing, or sharing of your personal information, please do not provide your consent by click on the applicable box or button on the Site and do not provide your personal information to us. If you change your mind about your consent and wish to revoke your consent, subject to Privacy Law, you may revoke your consent at any time by notifying us of your revoked consent via email to [email protected] or via our Contact Us page. We honour and respect all such notices in accordance with Privacy Law. If you revoke your consent to certain uses of your personal information, we and Third-Party Providers may no longer be able to provide you with products and services.
8. Collection of Personal Information. We collect, store, use, process, share, and protect personal information in accordance with Privacy Law as necessary to, or to enable Third-Party Providers to, offer and provide consumers with products, services, and information and generally to fulfill our responsibilities with respect to our business. When you are no longer our customer, we may continue to share your personal information as described in this Privacy Policy and subject to Privacy Law. We collect personal information directly from you or through our interaction with you, including by way of the Platform. We may also obtain personal information about you from other sources, including payment processors, fraud detection partners, and third-party analytics tools. Subject to Privacy Law, the types of personal information we collect from you and third parties may include:
(a) identifying information, such as name, company name, address, mailing address, postal or ZIP code, email address, telephone numbers, contact details and other information, including as required to verify identity and prevent fraud;
(b) certain demographic information, including age, date of birth, gender, employment status, employment information, and other similar information;
(c) billing and financial information, including credit and account information, payment method and payment information (such as debit or credit card number and related information), billing and shipping address, billing information, and related contact information (such as for receipts or order updates);
(d) profile and account information, including contact, purchase, and preference information, information about any purchased or subscribed for products or services, product or service review information, promotional information, and other information about any profile or account you may have with us or any Third-Party Providers;
(e) information that you enter into EMP documents on the Platform;
(f) preference information, such as contact and marketing preferences and product and services interests as well as purchase or order information;
(g) incidental information relating to interaction with us or Third-Party Providers or the purchase of products or services, including returns, refunds, comments, opinions, evaluations, ratings, disputes, and other information we may collect in the course of providing products or services;
(h) information shared with us or destined to Third-Party Providers;
(i) location information of devices used with the Platform or the websites of Third-Party Providers, if device settings allow for the collection of location information;
(j) device and browsing information, including IP addresses, information about your phone, tablet, computer, or device, online browsing activity, activity logs (including user activities, what groups users are a member of, posting data, document creation, and courses completed), unique device identifiers, cookie identifiers, device and browser settings and information, Internet service provider (ISP) information, information about when and how you access and use the Platform or the websites of Third-Party providers (such as the date and time of your visit or use), the websites you visit before coming and after leaving the Platform or the websites of Third-Party Providers, how you navigate and what you search for using the Platform or the websites of Third-Party Providers, the web pages and items and products and services you view using the Platform or the websites of Third-Party Providers, and the products and services you purchase; and
(k) any other information that we or Third-Party Providers may collect with your consent or as permitted or required by Privacy Law.
9. Cookies.
(a) We understand that your privacy is important to you, and we are committed to being transparent about the technologies we use. When you visit the Platform, our systems track the pages you visit, the pages you download, the websites you came from and your browser type and software. It also notes your IP address. We use cookies, web beacons, pixels, clear gifs, and other similar tracking technologies (“Cookies”), which may be stored on or accessed from your device when you use or visit the Platform or any website or app that posts a link to the Platform, including session cookies (that store logged-in state and site activities), user input cookies (information entered into forms and that may be stored to survive refreshing your browser), settings cookies (that store user settings and capabilities), activity cookies (that store activity states, current courses, current time, and current page), and tracking cookies (including those of Google Analytics). A Cookie is a small text file that can be stored on and accessed from your device when you visit the Platform. It takes up very little room on your system, enables us to collect information about how you use the Platform, and helps us estimate the number of people who use the Platform and which areas of the Platform are most popular. The use of Cookies enables us to create a more customized experience for you. It allows the Platform to recognize your device as distinct from those of other users. Login Cookies eliminate the need for you to re-enter your username and password each time you return to our website. By continuing to access and use the Platform, you agree that Company can store and access Cookies.
(b) We use Cookies to, among other things, identify you and your interests, to remember your preferences, to enhance your user experience, for marketing purposes (including targeted ads), to track your use of the Platform, for analytical purposes. We or Third-Party Providers may collect information about your online activities in connection with the Platform to provide you with advertising about products and services tailored to your individual interests. We also may obtain information for this purpose from third-party websites on which our ads are served. You may see certain ads on other websites because we work with advertising partners (including advertising networks) to engage in remarketing and retargeting activities. Our advertising partners allow us to target our messaging to users through demographic, interest-based, and contextual means. These partners track your online activities over time and across websites by collecting information through automated means, including through the use of third-party Cookies, web server logs, and web beacons. They use this information to show you advertisements that may be tailored to your individual interests. The information our advertising partners may collect includes data about your visits to websites that participate in the relevant advertising networks, such as the pages or advertisements you view and the actions you take on these websites. This data collection takes place both on the Platform and on third-party websites that participate in the ad networks. This process also helps track the effectiveness of marketing efforts.
(c) We may use Cookies to control access to certain content on the Platform, to protect the Platform, to prevent spam and fraud, for compliance purposes, and to process any requests that you make from us or third parties. We may use persistent Cookies to improve your experience of using the Platform. This includes recording your acceptance of our Cookie policy to remove the Cookie message which first appears when you use the Platform. Session Cookies are temporary and deleted from your machine when your web browser closes. We use session Cookies to help us track Internet usage.
(d) To administer the Platform and for research purposes, we may also contract with third parties to track and analyze statistical usage and volume information from the users of the Platform. These third parties may use Cookies to help us improve the user experience on the Platform, manage associated content, and analyze how users navigate and utilize the Platform. We may contract with third parties to send emails to users who have provided us or such third parties with their contact information. To help measure and improve the effectiveness of such email communications, or to determine whether messages have been opened and links clicked on, such third parties may place Cookies on the devices of these users.
(e) You may refuse to accept Cookies by activating or adjusting the appropriate setting of your Internet browser to reject the setting of all or some Cookies or alert you when a Cookie is placed on your device. However, if you refuse to accept Cookies or use your browser settings to block all Cookies, you may be unable to access or use the Platform or the websites of Third-Party Providers or related functionalities (in whole or part). If you want to remove previously stored Cookies, you can manually delete these Cookies at any time. However, this will not prevent the Platform or the websites of Third-Party Providers from placing further Cookies on your device unless you adjust your Internet browser setting so that it will refuse Cookies. Unless you have adjusted your browser setting so that it will refuse Cookies, our website and the websites of Third-Party Providers will issue Cookies when you direct your browser to them.
(f) If you have any questions regarding this Cookie policy, please contact us via email to [email protected] or via our Contact Us page.
10. Use of Personal Information. We and Third-Party Providers use your personal information for our business purposes, such as to process transactions you request, protect against fraud, or to respond to court orders or legal investigations, for our marketing purposes in order to offer products and services to you, for joint marketing with Third-Party Providers, to process the transaction that you are requesting, and for us and Third-Party Providers to market to you. Without limiting the generality of the foregoing, the following is a list of some of the ways we use, process, and share your personal information:
(a) to provide, manage, maintain, support, and improve the Platform and the websites of Third-Party Providers, including the content and the products and services offered to you;
(b) to fulfill your orders, selections, and instructions and process your payments;
(c) to process, maintain, administer, and service any user account you may have with us or any Third-Party Provider from time to time;
(d) to verify the information you provide to ensure it is valid, and to notify you of products and services that we or Third-Party Providers think you may like;
(e) to manage information provided by you on the Platform, monitor performance, and obtain usage metrics for internal decision-making purposes;
(f) to communicate with you regarding products and services you request and respond to your requests and enquiries;
(g) to display information, listing members names and other information (including contact information) on the platform;
(h) to track and log user actions taken on the Platform and generating system-specific data, such as the creation of course progress records, access logs, site or group memberships, and activity events;
(i) to administer billing databases and issue and collect accounts;
(j) to provide you with material and information regarding products and services and to inform you of offers and promotions;
(k) to personalize your experiences with us and Third-Party Providers, including remembering your interests and preferences, customizing product and service offerings, facilitating your interactions with third parties, tracking and categorizing your activity and interests (including by identifying the different devices you use), and enriching your experience on the Platform and the websites of Third-Party Providers;
(l) to develop and use knowledge management systems that contain personal information about you;
(m) to market and advertise to you, including sending you marketing and advertising communications and customizing the marketing and advertising that we show you;
(n) to understand how you use the Platform and the websites of Third-Party Providers and how to improve them;
(o) to manage and administer the business of Company and Third-Party Providers, including to protect you against error, operate and improve lawful business activities, maintain programs, accounts, and records, conduct research, determine your satisfaction with products and services, and detect and prevent fraud or misuse of any of the foregoing;
(p) to defend or protect us, you, and third parties (including Third-Party Providers) from harm or in legal proceedings, protect our and our Third-Party Providers’ rights, protect our and our Third-Party Providers’ security and property, respond to court orders, lawsuits, subpoenas, and government requests, address legal and regulatory compliance, and notify you of product or service or safety issues;
(q) to compile and aggregate information collected by way of the Platform; and
(r) to take such actions and do such things as permitted or required by applicable law, including Privacy Law, or for purposes for which you otherwise provide your consent.
11. Ordering and Purchasing. You may be able to purchase products and services from us and Third-Party Providers on the Platform. In order to process your purchases, we may ask for personal information. We use this personal information to process your purchase, confirm your order, and deliver goods to you. If you give us permission, we may use your contact information to communicate with you about our products and services. If you instruct us to do so, we may use this personal information to notify the recipient of your purchase before we deliver it to them.
12. Customer Service. You may use the Platform to communicate with us and Third-Party Providers for customer support and services. If you do so, you may be asked for personal information. We and Third-Party Providers use this information to respond to and communicate with you about your questions and comments.
13. Site Features. We offer visitors to the Platform various features for their information and enjoyment, which we may change from time to time. We may ask you to submit personal information so we can provide you with these features and send you communications about our products, services, and promotions.
14. Reviews. You may be able to use the Platform to submit reviews of products or services you have purchased from us. You may include personal information in your reviews and comments. We use this personal information to identify you as a reviewer or commenter.
15. Customer Satisfaction Surveys. When you purchase products or services from us, we may ask you to complete a customer satisfaction survey. If you choose to do so, you may provide personal information together with your comments. Providing any of this personal information is optional. We use this personal information to improve our products and services, and to enhance your customer experience with us.
16. Commercial Electronic Messages. You may be able to use the Platform to sign up on to receive commercial electronic messages (such as newsletters and promotional emails) from us, including new ideas, special offers and event information. To sign up, we may ask you for personal information. We use this personal information to send you commercial electronic messages about our products and services in accordance with Canada’s Anti-Spam Legislation (CASL). You can choose at any time not to receive marketing emails from us by clicking on the unsubscribe link within our marketing emails. There is no charge for you to unsubscribe.
17. Sharing of Personal Information. We and our Third-Party Providers may share the personal information collected about you to third parties in the following cases:
(a) encrypted backups of your personal information are shared with Amazon and stored outside Canada, and all such encrypted backups are encrypted and decrypted in Canada, so only the decrypted archive is transferred outside Canada;
(b) where we are required or authorized to do so by applicable law or by order of a court of competent jurisdiction;
(c) where it is necessary to collect fees, for instance, to a financial institution or collection agent;
(d) to regulatory or governmental authorities, as required by applicable law;
(e) where you have instructed us to disclose your personal information to a third party for a designated purpose;
(f) where you provide your consent; or
(g) where permitted or required by applicable law.
Where applicable, we will take steps to require that such third parties treat your personal information in accordance with this Privacy Policy and use, process, and share it only for the purposes for which it was collected or otherwise in accordance with Privacy Law. There are instances where we may collect, use, process, or share your personal information without your consent, including to comply with a subpoena or court order or to comply with the rules of court regarding the production of records.
18. Security and Fraud. Company takes the security of your personal information seriously. Following industry standards, we take reasonable steps to help protect the confidentiality and security of personal information you share with us. We have implemented reasonable physical, organizational, administrative, and technological security measures to safeguard the personal information in our custody or control. These include safeguards to protect personal information against loss or theft, as well as unauthorized access, disclosure, copying, use, or modification, including computer safeguards (such are firewalls and secured files), secured buildings, and Secure Sockets Layer (SSL) technology to protect the transmission over the internet of your payment card data. You can check the security of your connection by looking at the URL line of your browser. When accessing a secure website, the first characters of the site address change from “http” to “https.” If you are using a web browser or firewall that does not permit communications through secure websites, you will not be able to make purchases on our site. HOWEVER, GIVEN THAT ELECTRONICALLY SUBMITTED DATA IS NOT ONE HUNDRED PERCENT (100%) SECURE, WE MAKE NO WARRANTIES AS TO THE SECURITY OF ANY SUCH PERSONAL INFORMATION THAT YOU SUBMIT BY WAY OF THE INTERNET, INCLUDING BY EMAIL, WHICH YOU DO AT YOUR OWN RISK. We encourage you to take steps to help protect the confidentiality and security of your personal information, including the following:
(a) if you have a user account, reviewing your account periodically and immediately reporting any unexpected activity or unrecognized information;
(b) installing the latest security updates and anti-virus software on your computer to help prevent malware and viruses;
(c) using strong and complex passwords (i.e., with a minimum of seven alphanumeric case-sensitive characters);
(d) not using the same password on more than one website;
(e) not sharing your password with others;
(f) password-protecting your computer and mobile device; and
(g) signing out or logging off of website sessions so that your session is closed, especially when using a public computer.
19. Links and Third-Party Provider Websites. For your convenience, Company and the Platform offer links from and to third-party websites. When you click on these links, they will direct you away from the Platform. Once you leave the Platform or are redirected to a third-party website, you are no longer governed by this Privacy Policy. YOU ACKNOWLEDGE AND AGREE THAT COMPANY WILL NOT BE RESPONSIBLE FOR AND EXPRESSLY DISCLAIMS ANY AND ALL LIABILITY FOR THE PERSONAL INFORMATION COLLECTION, USE, AND DISCLOSURE PRACTICES OF THIRD-PARTY SITES, INCLUDING THOSE OF THIRD-PARTY PROVIDERS, AND WE ENCOURAGE YOU TO READ THEIR PRIVACY STATEMENTS AND POLICIES BEFORE PROVIDING ANY PERSONAL INFORMATION ON THIRD-PARTY SITES.
20. Third-Party Providers. ETIPS or the Platform may transfer your personal information to third-party trading partners and service providers that we work with to support the Platform and administer or provide related products, services, or information to you, including ETHOS Career Management Group Inc. (each, a “Third-Party Provider”). In general, Third-Party Providers will collect, store, use, process, and share your information only to the extent necessary for them to perform their obligations in connection with the Platform, including to allow them to provide you with related products and services you requested. We take reasonable measures to require such Third-Party Providers to use your personal information only to provide the products and services you request or to market to you. Third-Party Providers have their own privacy policies governing the personal information we are required to provide to them for your purchase-related transactions or for marketing purposes. We recommend that you read their privacy policies so you understand the manner in which your personal information will be handled by them. In particular, please note that certain Third-Party Providers may be located in or have facilities that are located in a jurisdiction outside Canada. As a result, your personal information may be transferred, stored, or processed outside Canada in connection with the purposes described in this Privacy Policy. If you elect to proceed with a transaction that involves a Third-Party Provider, your personal information may become subject to the laws of the jurisdiction in which that Third-Party Provider or its facilities are located, and contractual or other measures we may use to protect your personal information will be subject to the legal requirements of the foreign jurisdictions where your personal information may be transferred, stored, or processed, including lawful requirements to disclose information to government authorities in those countries. For example, if you are located in Canada and your personal information is shared with a Third-Party Provider located in the United States, your personal information may be subject to disclosure under United States legislation, including the Patriot Act.
21. Your rights. Your principal rights under Privacy Law include the right to access, the right to rectification, the right to erasure, the right to object to processing, the right to data portability, the right to complain to a supervisory authority, and the right to withdraw consent. You have the right to confirm whether we process your personal information and, where we do, access to the personal information, together with certain additional information. That additional information includes details of the purposes of the processing, the categories of personal information concerned and the recipients of the personal information. Providing the rights and freedoms of others are not affected, we will supply you with a copy of your personal information. The first copy will be provided at cost, but additional copies may be subject to a reasonable fee. In some circumstances you have the right to the deletion of your personal information without undue delay, including where the personal information is no longer necessary in relation to the purposes for which it was collected or otherwise processed, you withdraw consent to consent-based processing, you object to the processing under certain rules of applicable data protection law, the processing is for direct marketing purposes, and the personal information has been unlawfully processed. However, there are exclusions of the right to deletion. The general exclusions include where processing is necessary for exercising the right of freedom of expression and information, for compliance with a legal obligation, or for the establishment, exercise, or defense of legal claims.
22. Accessing and correcting your information. It is important that the personal information Company holds about you is accurate and current. Please keep us informed if your personal data changes. If you want to review, verify, correct, or withdraw consent to the use of your personal information you may contact us via email to [email protected] or via our Contact Us page to request access to, correct, or delete any personal information that you have provided to us. We may not accommodate a request to change information if we believe the change would violate any law or legal requirement or cause the information to be incorrect. We may charge you a fee to access your personal information, however, we will notify you of any fee in advance. We may request specific information from you to help us confirm your identity and your right to access, and to provide you with the personal information that we hold about you or make your requested changes. Applicable law may allow or require us to refuse to provide you with access to some or all of the personal information that we hold about you, or we may have destroyed, erased, or made your personal information anonymous in accordance with our record retention obligations and practices. If we cannot provide you with access to your personal information, we will inform you of the reasons why, subject to any legal or regulatory restrictions. We will provide access to your personal information, subject to exceptions set out in applicable Privacy Law. Examples of such exceptions include information protected by solicitor-client privilege, information that is part of a formal dispute resolution process, information that is about another individual that would reveal their personal information or confidential commercial information, and information that is prohibitively expensive to provide. If you are concerned about our response or would like to correct the information provided, you may contact our Privacy Officer via email to [email protected] or via our Contact Us page.
23. No Third-Party Rights. These Terms of Use do not and are not intended to confer any rights or remedies upon any person other than Company and you.
24. Governing Law. This Privacy Policy and the interpretation, validity, effect, and enforcement of this Privacy Policy, and any and all disputes arising out of or in connection with this Privacy Policy, will be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any principles of conflicts of law. For greater certainty, these laws apply notwithstanding your domicile, residency, or physical location, or the location of any office of Company or any of its affiliates or any Company personnel with whom you may communicate or deal.
25. Forum. You hereby unconditionally and irrevocably consent and agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario in any action or proceeding in connection with this Privacy Policy and waive any objection relating to improper venue or forum non conveniens to the conduct of any proceeding in any such court.
26. Jury Trial Waiver. You acknowledge and agree that, to the maximum extent permitted by applicable law, you waive the right to a trial by jury in respect of any and all disputes arising from or in connection with this Privacy Policy.
27. Admissibility. A printed version of this Privacy Policy and of any notice given in electronic form will be admissible in judicial proceedings based upon or relating to this Privacy Policy to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.
28. Contacting Us. If you have any questions about this Privacy Notice or to revoke your consent to our collection, use, processing, or sharing of your personal information, you may contact us via email sent to [email protected] or via our Contact Us page.
Emergency TIPS Inc.
[email protected]