Web Site Agreement - Commissionaires
This website, secure.tritoncanada.ca (the "Site"), is an online service provided by Triton Canada Inc. and/or its agents ("Triton Canada Inc."), in order to conduct Pre-Employment Screening (the “Service”), subject to your compliance with the terms and conditions set forth below ("Terms and Conditions").
PLEASE READ THIS DOCUMENT CAREFULLY BEFORE ACCESSING OR USING THE SITE. BY ACCESSING OR USING THE SITE, YOU AGREE TO BE BOUND BY THE TERMS AND CONDITIONS SET FORTH BELOW. IF YOU DO NOT WISH TO BE BOUND BY THESE TERMS AND CONDITIONS, YOU MAY NOT ACCESS OR USE THE SITE.
2. Ownership and Intellectual Property Rights.
(a) The entire contents of the Site including, but not limited to, text, graphics, code, software or other information or material submitted to, subsisting on or accessible from the Site (collectively, the "Contents") are protected by international copyright and trademark laws. The owner of the copyrights and trademarks are Commissionaires, its affiliates or other third-party licensors.
(b) Nothing in these Terms and Conditions grants you any rights in the site other than as necessary to enable you to access the Site. You MAY NOT MODIFY, COPY, REPRODUCE, REPUBLISH, UPLOAD, POST, TRANSMIT, OR DISTRIBUTE, the Contents, IN ANY MANNER. You may print and download portions of material from the different areas of the Site solely for your own non-commercial use provided that you agree not to change or delete any copyright or proprietary notices from the Contents. You agree that you shall have no recourse against Commissionaires for any alleged or actual infringement or misappropriation of any proprietary right in your communications to Commissionaires
(c) TRADEMARKS: The Contents, publications, products, or services referenced herein or on the Site are the exclusive trademarks or service marks of Triton Canada Inc. Other product and company names mentioned in the Site may be the trademarks of their respective owners.
3. Use of the Site.
You understand that, except for information, products or services clearly identified as being supplied by Commissionaires, Commissionaires does not operate, control or endorse any information, products or services on the Internet in any way. Except where explicitly stated otherwise, all information, products and services offered through the Site are offered by third parties that are not affiliated with Commissionaires You also understand that Commissionaires cannot and does not guarantee or warrant that files available for downloading through the Site will be free of infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. You are responsible for implementing sufficient procedures and checks to satisfy your particular requirements for accuracy of data input and output, and for maintaining a means external to the Site for the reconstruction of any lost data. Commissionaires uses Google Analytics to help it understand how its customers use the Site. You can read more about how Google uses your Personal Information here:
https://policies.google.com/privacy?hl=en. You can also opt-out of Google Analytics here:
4. Disclaimers and Limitation of Liability.
You assume complete responsibility and risk for your use of the Site. Triton Canada Inc. provides the Site and related information "As Is".
4.1. Disclaimer of Warranties and/or Representations: Triton Canada Inc. DOES NOT MAKE ANY EXPRESS OR IMPLIED WARRANTIES, REPRESENTATIONS OR ENDORSEMENTS WHATSOEVER (INCLUDING WITHOUT LIMITATION WARRANTIES OF TITLE OR NONINFRINGEMENT, OR THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE) WITH REGARD TO THE SITE, ANY MERCHANDISE INFORMATION OR SERVICE PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY, AND Commissionaires SHALL NOT BE LIABLE FOR ANY COST OR DAMAGE ARISING EITHER DIRECTLY OR INDIRECTLY FROM ANY SUCH TRANSACTION. IT IS SOLELY YOUR RESPONSIBILITY TO EVALUATE THE ACCURACY, COMPLETENESS AND USEFULNESS OF ALL OPINIONS, ADVICE, SERVICES, MERCHANDISE AND OTHER INFORMATION PROVIDED THROUGH THE SITE OR ON THE INTERNET GENERALLY. Triton Canada Inc. DOES NOT WARRANT THAT THE SERVICE AND/OR THE SITE WILL BE UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE SERVICE AND/OR THE SITE WILL BE CORRECTED.
4.2. Limitation of Liability: IN NO EVENT WILL Triton Canada Inc. BE LIABLE FOR:
(I) ANY INCIDENTAL, CONSEQUENTIAL, PUNITIVE, SPECIAL, CONSEQUENTIAL, EXEMPLARY OR INDIRECT DAMAGES (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUE, LOSS OF SALARY, LOSS OF REPUTATION, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR INFORMATION, AND THE LIKE) ARISING OUT OF THE USE OF OR INABILITY TO USE THE SERVICE AND/OR THE SITE, OR ANY INFORMATION, OR TRANSACTIONS PROVIDED ON THE SITE, OR DOWNLOADED FROM THE SITE, OR ANY DELAY OF SUCH INFORMATION OR SERVICE. EVEN IF Commissionaires OR ITS AUTHORIZED REPRESENTATIVES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
(II) ANY CLAIM ATTRIBUTABLE TO ERRORS, OMISSIONS, OR OTHER INACCURACIES IN THE SERVICE AND/OR THE SITE OR ITS CONTENTS OR INFORMATION DOWNLOADED THROUGH THE SITE. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, the above limitation may not apply to you. In such jurisdictions, Commissionaires’s liability is limited to the greatest extent permitted by law.
4.3. Hyperlinks and Third-Party Sites: Commissionaires makes no representations whatsoever about any other web site which you may access through this Site or which may link to this Site. When you access a non-Commissionaires web site, please understand that it is independent from Commissionaires, and that Commissionaires has no control over the content on that web site. In addition, a link to a Commissionaires web site does not mean that Commissionaires endorses or accepts any responsibility for the content, or the use, of such web site.
You agree to indemnify, defend and hold harmless Commissionaires, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to the Service and/or the Site from and against all losses, expenses, damages and costs, including reasonable attorneys' fees, resulting from any violation by you of this Agreement (including negligent or wrongful conduct).
6. Third-Party Rights.
The provisions of 3 (Use of the Site), 4 (Disclaimers and Limitation of Liability) and 5 (Indemnification) are for the benefit of Commissionaires, its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to the Service and/or the Site. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.
7. Term & Termination.
This Agreement may be terminated by either party without notice at any time for any reason. The provisions of 2 (Ownership and Intellectual Property Rights), 3 (Use of the Site), 4 (Disclaimers and Limitation of Liability), 5 (Indemnification), 6 (Third Party Rights) and 8 (Miscellaneous) shall survive any termination of this Agreement.
(a) No changes to these terms are valid or have any effect unless agreed to by Commissionaires in writing. Commissionaires reserves the right to vary these Terms and Conditions from time to time. Commissionaires's new terms will be displayed on the Site and by continuing to use and access the Site following such changes, you agree to be bound by any changes made by Commissionaires. IT IS YOUR RESPONSIBILITY TO CHECK THESE TERMS AND CONDITIONS FROM TIME TO TIME TO VERIFY SUCH CHANGES.
(c) If any part of these Terms and Conditions is unenforceable (including any provision in which Commissionaires excludes or limits its liability to you) the enforceability of any other part of these Terms and Conditions will not be affected.
(d) Commissionaires's failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. Neither the course of conduct between the parties nor trade practice shall act to modify any provision of this Agreement.
(e) Commissionaires may assign its rights and duties under this Agreement to any party at any time without notice to you.
(f) Commissionaires shall have no liability to you for any breach of these Terms and Conditions caused by any event or circumstance beyond our reasonable control including, without limitation, strikes, lock-outs and other industrial disputes, breakdown of systems or network access, flood, fire, explosion or accident.
(g) This Agreement shall be construed and enforced in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein. You agree that any legal action or proceeding between Commissionaires and you for any purpose concerning this Agreement or the parties' obligations hereunder shall be brought exclusively in a federal or Ontario court of competent jurisdiction sitting in Canada.
(h) Any cause of action or claim you may have with respect to the Service and/or the Site must be commenced within one (1) year after the claim or cause of action arises or such claim or cause of action is barred.
(i) Any rights not expressly granted herein are reserved by Commissionaires