Smart Serve terms of use PDF

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Smart Serve terms of use

2020-04-16, 6)12 PM

SMART SERVE TERMS OF USE AGREEMENT

These terms and conditions of use for the Smart Serve Ontario training website at smartserve.ca (the “Website”), and domain names controlled by Smart Serve Ontario that link to the website, constitute a legal agreement and are entered into by and between you and Smart Serve Ontario (“Smart Serve” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, the “Agreement”), govern your access to and use of the Website, including any content, functionality, products and services offered on or through the Website. BY USING THE WEBSITE OR BY CLICKING TO ACCEPT THESE TERMS AND CONDITIONS, YOU ACCEPT AND AGREE TO BE BOUND AND COMPLY WITH THIS AGREEMENT AND OUR PRIVACY POLICY, FOUND AT https://smartserve.ca/privacy-policy/, INCORPORATED HEREIN BY REFERENCE. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT OR THE PRIVACY POLICY, YOU MUST NOT ACCESS OR USE THE WEBSITE. 1. Changes to this Agreement 1.1 Smart Serve reserves the right in its sole discretion to revise and update these terms and conditions at any time and from time to time, without notice to you. Any and all such amendments are effective immediately upon posting on the Website and apply to your access to and continued use of the Website. By continuing to use the Website after an amendment is posted, you accept and agree, without limitation or qualification, to be bound by this Agreement, as amended. You agree to review this Agreement periodically in order to be aware of amendments and you understand that the most recent version of this Agreement will be located on the Website. 2. Your Use of the Website and Account Set-Up and Security 2.1. The Website, including access to Smart Serve products or use of services through the Website, may require user registration and creation of a user account (a “Smart Serve Account”). It is a condition of your use of the Website that all the information you provide on the Website and to register for a Smart Serve Account is correct, current, and complete and is updated from time to time by you to ensure its accuracy. Smart Serve Accounts may not be shared with another user. 2.2. If you provide any information in your Smart Serve Account that is untrue or inaccurate or if Smart Serve has reasonable grounds to believe that such information is untrue or inaccurate, Smart Serve may suspend or terminate your access to your smart Serve Account and the products and services available through your Smart Serve Account. 2.3. You may be required to show valid government-issued identification to be able to use some Smart Serve products and services through the Website. You may also be required to use an Internet-connected computer device with a web camera to avail of Smart Serve products and services through the Website. You are solely responsible for obtaining and maintaining all equipment, computers, and communications required to access the Website and your Smart Serve Account and for all expenses related thereto. 2.4. Although we do our best to protect your personal information, unfortunately the transmission of https://accounts.smartserve.ca/

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information via the Internet is not completely secure and we cannot guarantee the security of your personal information transmitted by you to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website. 2.5. Your provision of registration information and any submissions you make to the Website through any functionality such as applications, exam submissions, e-mail, message boards, personal or interest group web pages, profiles, forums, bulletin boards, contact submission forms 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, found at https://smartserve.ca/privacy-policy/. 2.6. Any username, 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 person or entity other than Smart Serve upon request. You must exercise caution when accessing your Smart Serve Account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you register for and create a Smart Serve Account, your Smart Serve Account is personal to you and you agree not to provide any other person with access to the Website or portions of it using your username, 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. You also agree to ensure that you logout from your Smart Serve Account at the end of each session. You are responsible for any password misuse or any unauthorized access. 2.7. We reserve the right at any time and from time to time, to disable or terminate your Smart Serve Account, any username, 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 this Agreement or your Facilitator Agreement (defined below). 3. Online Purchases and Payment 3.1. Additional terms and conditions, applicable to online tests, courses, orders, purchases or transactions for the acquisition or licensing of Smart Serve materials and certification services, including the licensing of “Responsible Alcohol Beverage Sales and Service Training Program” training materials and final test tokens to access Smart Serve’s online certification test, may be applicable to parts or features of your Smart Serve Account, and are hereby incorporated by reference into this Agreement. Products and services purchased or licensed through the Website may be subject to expiry, including your access to the Content in your Smart Serve Account, and you are solely responsible for using such products and services before the applicable expiry date. 3.2 You agree to pay Smart Serve the fees plus applicable taxes to purchase Smart Serve products and services (the “Fees”) as disclosed on the Website at the time of purchasing such products and services. Once paid, Fees are non-refundable, including for any for any expired or unused products or services, subject to any additional rights granted by Smart Serve to a Facilitator (defined below) in a separate Facilitator Agreement (defined below). 3.3 The credit card or other payment information you give to purchase or license products and services provided through the Website must be accurate and complete. Smart Serve uses a third party payment processing provider (the “Payment Processor”) in order to facilitate the payment of Fees. When you provide https://accounts.smartserve.ca/

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your information for payment processing, that information, along with other relevant personal information about you, is provided directly to the Payment Processor for the purposes of facilitating such payment. You hereby consent to the collection, use and disclosure of your personal information by and to the Payment Processor for the foregoing purposes. You further acknowledge and agree that the Payment Processor may also collect your personal information and/or other information about you and the collection and use of such information will be subject to the terms of such Payment Processor’s privacy policy, if any. You acknowledge and agree that we shall have no liability to you in connection with the use and disclosure of your personal information when collected by the Payment Processor. 3.4. Smart Serve reserves the right, in its sole discretion, to make any necessary updates, modifications and adjustments at any time without prior notice to descriptions of products, services, and prices due to errors, discontinuation of goods or services, changing costs, new market conditions or any other business factor. All prices are in Canadian dollars unless otherwise indicated, and subject to applicable provincial and federal sales tax and duties. Details are provided at time of purchase. You will be informed of total charges and asked to confirm the transaction before it is charged to your credit card. You are responsible for all Fees and taxes incurred by you. Unless otherwise provided, all purchases must be prepaid, are final and non-refundable. 3.5. As the use of a credit card or debit card account, or the making of an electronic funds transfer may be limited by your agreement with your financial institution and/or by applicable law, Smart Serve and its service providers shall not be liable if any payment of Fees by you is not processed as a result of any such limitation. 4. Ownership 4.1. Smart Serve Content (a) You understand and agree that, subject to Section 4.2(a) below, the Website and its contents, features, and functionality, including, but not limited to, all material, slides, presentations, “Responsible Alcohol Beverage Sales and Service Training Program” training materials, information in text, graphical video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, video, audio, displays, illustrations, maps, interfaces, web pages, text, files, software, code, design, presentation, selection, and arrangement (“Smart Serve Content”) are the property of Smart Serve, its licensors, or other providers of such material, and are protected in all forms by Canadian and international intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights. (b) The Smart Serve name, its trademarks and logos and all related names, logos, product and service names, designs, images and slogans are trademarks of Smart Serve or its affiliates or licensors. You must not use such trademarks and logos without the prior written permission of Smart Serve. Other names, logos, product and service names, designs, images and slogans mentioned, or which appear on the Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal, provincial or other laws and could subject the infringer to legal action. (c) For the purposes of this Agreement, “Content” refers to Smart Serve Content and User Content collectively. Except for the rights you may have in User Content (defined below) contributed by you, you do not acquire ownership right or any implied right to any Content obtained, accessed or viewed through the Website, and the posting of information or materials on the Website does not constitute a waiver of any rights https://accounts.smartserve.ca/

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in such information, materials and/or Content. 4.2. User Content (a) Smart Serve claims no ownership or control over any content including any and all material, information in text or other data submitted, posted or displayed by you on or through Website in accordance with this Agreement (the “User Content”). You or a third party licensor, as the case may be, retain all rights to any User Content you submit, post or display on or through Website and you are responsible for protecting those rights. (b) By submitting, posting, uploading or displaying User Content on or through the Website, you grant Smart Serve a royalty-free, perpetual, irrevocable, unrestricted, non-exclusive, worldwide license to use, sublicense, collect, reproduce, disclose to third parties, store, compile, download, adapt, translate, modify, make derivative works from, transmit, publish, distribute, publicly perform or display such User Content for any purpose, using any form, media or technology now known or later developed without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Smart Serve. (c) In addition, as a condition of submitting User Content, you hereby: (i) agree to waive all moral rights or other rights of authorship in any User Content in favour of Smart Serve; (ii) consent to your name appearing as the author or contributor of any such User Content, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with such User Content; (iii) acknowledge and agree that Smart Serve is not responsible for any loss, damage, or corruption that may occur to your User Content; and (iv) acknowledge and agree that any User Content you provide for display on the Website will be non-confidential. (d) You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein with respect to any User Content submitted. 5. License to use Content 5.1. Subject to payment by you of any applicable Fees, Smart Serve hereby grants you a personal, limited, revocable, non-transferable and non-exclusive license to access and use the Content in your Smart Serve Account for personal, non-commercial and not-for-profit use, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever. Notwithstanding the foregoing, authorized Smart Serve facilitators (“Facilitators”) who have entered into a separate facilitator agreement with Smart Serve (“Facilitator Agreement”) are additionally granted a license to use and download the Smart Serve Content in their Smart Serve Account for educational purposes only and subject to the terms of their Facilitator Agreement in addition to this Agreement. As a condition of your access and use of Content, you agree that you may use the Website only for lawful purposes and in accordance with this Agreement. 5.2. Other than as specifically described herein or in your Facilitator Agreement, Content may not be directly or indirectly copied, stored, downloaded, compiled for an internal database, imitated, reproduced, used to create derivative works, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored, publicly displayed, or distributed in any way, in whole or in part, without the https://accounts.smartserve.ca/

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express prior written consent of Smart Serve or, in the case of User Content, the owner of the rights to the User Content. 6. Prohibited Activities 6.1. You may not, and may not allow others to, directly or indirectly: (a) use the Website and the Content for any purpose not expressly permitted by this Agreement or your Facilitator Agreement; (b) sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform or distribute or otherwise use any Content for any public, commercial or non-personal purpose, including, without limitation, use of the Content on any other website, subject to any additional rights granted by Smart Serve to a Facilitator in a separate Facilitator Agreement; (c) use the Website in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the Website, or any services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Website; (d) disrupt or interfere with any other person’s use or enjoyment of the Website or affiliated or linked sites, or any services thereof; (e) use any software which is used in the operation of the Website except while you are browsing the Website or performing other activities provided through the Website, as permitted; (f) copy any of the software used in the Website unless expressly permitted to do so by Smart Serve; (g) copy or imitate, in whole or in part, the design of the Website, or any part thereof; (h) attempt to breach the security and/or authentication measures of the Website; (i) use any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (j) introduce any viruses, trojan horses, worms, logic bombs, or other material to the Website that is malicious or technologically harmful; (k) attack the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing or crashing; or (l) otherwise attempting to interfere with the proper working of the Website. 6.2. Users are not permitted to modify Content from the Website or remove or alter any visible or non-visible identification, marks, copyright, trademark or other proprietary rights notices, logos, or disclaimers visible on Content. 6.3. If you print off, copy or download any part of our Website or Content in breach of this Agreement, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the Content you have made. This does not affect the other rights and remedies available to us. 7. User Content 7.1. When using the Website, you warrant and agree: (a) To use the Website in compliance with all applicable laws, including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others); (b) To only post User Content that contains accurate information regarding the poster of the User Content and that any User Content you post does not misrepresent the origin of the User Content, impersonate any person or falsely state or otherwise misrepresent an affiliation with another person; (c) To not post or transmit any unlawful, threatening, abusive, libellous, defamatory, discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground, https://accounts.smartserve.ca/

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hateful, obscene, vulgar, pornographic, profane or indecent material or information of any kind, such determination to be made in Smart Serve’s sole discretion, including any submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (d) To not post or transmit any User Content which violates or infringes upon the rights of others, including material which is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (e) To not post or submit any User Content which attempts to exploit, harm, or solicit passwords or personal identifying information for commercial or unlawful purposes from other users; (f) To not cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any other user; (g) To not post or transmit junk mail, chain letters, unsolicited mass mailing or spam; and (h) To not use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter and/or advertising. 7.2. Smart Serve may review User Content before or after it is posted and may refuse to post any User Content to the Website. Smart Serve reserves the right, in its sole discretio...