Terms and Conditions of Use

PLEASE READ THE TERMS AND CONDITIONS OF USE CAREFULLY BEFORE USING THIS SITE

Welcome to OHS Manual

We maintain this web site as a service to our customers, and by using our site, services and/or material you are agreeing to comply with and be bound by the following terms of use. Please review the following terms and conditions carefully, and check them periodically for changes. If you do not agree to the terms and conditions, you should not review information or obtain goods, services, products or material from this site.


Privacy

You acknowledge that you have read the Privacy Statement as it may be updated from time to time (the “Privacy Statement“), and hereby consent to the collection, use, disclosure and retention by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in the Privacy Statement, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.


Acceptance of Agreement

This Terms and Conditions of Use Agreement (the “Terms of Use”) applies to this OHS Manual Website and any website owned and operated under Collins Safety Services Ltd. and all products and services offered thereon (collectively the “Site”). The Site is provided and owned by Collins safety Services Ltd. (the “Company”), and is subject to your compliance with the terms and conditions set forth below. The Company and its affiliates provide their services to you subject to the following conditions. If you visit or shop at the Site, you accept these conditions. Please read them carefully. You agree to the terms and conditions outlined in this Terms and Conditions of use Agreement (“Agreement”) with respect to our site (the “Site”). This Agreement constitutes the entire and only agreement between us and you, and supersedes all prior or contemporaneous agreements, representations, warranties and understandings with respect to the Site, the content, products, services or material provided by or through the Site or company, and the subject matter of this Agreement. This Agreement may be amended by us at any time and from time to time without specific notice to you. The latest Agreement will be posted on the Site, and you should review this Agreement prior to using the Site.


Copyright

All content included on the Site, such as text, documents, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, is the property of the Company or its content suppliers. All content related to the Site are protected under applicable copyrights, trademarks, registered trademarks and other proprietary (including but not limited to intellectual property) rights. The copying, redistribution, use or publication by you of any such matters or any part of the Site, is strictly prohibited. You do not acquire ownership rights to any content, document or other materials viewed through the Site. The posting of information or materials on the Site does not constitute a waiver of any right in such information and materials.

Limited Right to Use

The viewing, printing or downloading of any content, graphic, form or document from the Site grants you only a limited, nonexclusive license for use solely by you for your own personal use and not for republication, distribution, assignment, sub-license, sale, preparation of derivative works or other use. No part of any content, form or document may be reproduced in any form or incorporated into any information retrieval system, electronic or mechanical, other than for your personal use (but not for resale or redistribution).


Compliance With Law – NOT FOR RESALE OR EXPORT

You agree to comply with all applicable laws and regulations as they apply. You agree and represent that you are buying only for your own internal use only, and not for resale, distribution, or export. You agree and represent that you will not share or distribute unprotected documentation that may be, or will allow material to be copied for resale, distribution, or export.


Editing, Deleting and Modification

We reserve the right in our sole discretion to edit or delete any documents, information or other content appearing on the Site, including this Agreement, without further notice to users of the Site.


Indemnification

You agree to indemnify, defend and hold us and our partners, attorneys, staff and affiliates (collectively, “Affiliated Parties”) harmless from any liability, loss, claim and expense, including reasonable attorney’s fees, related to your violation of this Agreement or use of the Site, products, services, or material.


Non-transferable

Your right to use the Site is not transferable. Any password or right given to you to obtain information or documents is not transferable and may only be used by you.

Disclaimer

THE INFORMATION FROM OR THROUGH THE SITE ARE PROVIDED “AS-IS,” “AS AVAILABLE,” AND ALL WARRANTIES, EXPRESS OR IMPLIED, ARE DISCLAIMED (INCLUDING BUT NOT LIMITED TO THE DISCLAIMER OF ANY IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE). THE INFORMATION AND SERVICES MAY CONTAIN BUGS, ERRORS, PROBLEMS OR OTHER LIMITATIONS. WE AND OUR AFFILIATED PARTIES HAVE NO LIABILITY WHATSOEVER FOR YOUR USE OF ANY INFORMATION OR SERVICE. IN PARTICULAR, BUT NOT AS A LIMITATION, WE AND OUR AFFILIATED PARTIES ARE NOT LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES (INCLUDING DAMAGES FOR LOSS OF BUSINESS, LOSS OF PROFITS, LITIGATION, OR THE LIKE), WHETHER BASED ON BREACH OF CONTRACT, BREACH OF WARRANTY, TORT (INCLUDING NEGLIGENCE), PRODUCT LIABILITY OR OTHERWISE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE NEGATION OF DAMAGES SET FORTH ABOVE ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF THE BARGAIN BETWEEN US. THIS SITE AND THE INFORMATION WOULD NOT BE PROVIDED WITHOUT SUCH LIMITATIONS. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US THROUGH THE SITE SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS AGREEMENT.

Limits

All responsibility or liability for any damages caused by viruses contained within the electronic file containing the form or document is disclaimed. WE WILL NOT BE LIABLE TO YOU FOR ANY INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES OF ANY KIND THAT MAY RESULT FROM USE OF OR INABILITY TO USE OUR SITE. Our maximum liability to you under all circumstances will be equal to the purchase price you pay for any goods, services or information.

Use of Information

We reserve the right, and you authorize us, to the use and assignment of all information regarding Site uses by you and all information provided by you in any manner consistent with our Privacy Policy.

Third-Party Services

We allow access to or advertise third-party merchant sites (“Merchants”) from which you may purchase or otherwise obtain certain goods or services. You understand that we do not operate or control the products or services offered by Merchants. Merchants are responsible for all aspects of order processing, fulfillment, billing and customer service. We are not a party to the transactions entered into between you and Merchants. YOU AGREE THAT USE OF SUCH MERCHANTS IS AT YOUR SOLE RISK AND IS WITHOUT WARRANTIES OF ANY KIND BY US, EXPRESSED, IMPLIED OR OTHERWISE INCLUDING WARRANTIES OF TITLE, FITNESS FOR PURPOSE, MERCHANTABILITY OR NON-INFRINGEMENT UNDER NO CIRCUMSTANCES ARE WE LIABLE FOR ANY DAMAGES ARISING FROM THE TRANSACTIONS BETWEEN YOU AND MERCHANTS OR FOR ANY INFORMATION APPEARING ON MERCHANT SITES OR ANY OTHER SITE LINKED TO OUR SITE.

Third-Party Merchant Policies

All rules, policies (including privacy policies) and operating procedures of Merchants will apply to you while on such sites. We are not responsible for information provided by you to Merchants. We and the Merchants are independent contractors and neither party has authority to make any representations or commitments on behalf of the other.


Payment Terms

You represent and warrant that if you are purchasing something from us or from our Merchants that (i) any credit card information you supply is true, correct and complete, (i) charges incurred by you will be honored by your credit card company, and (iii) you will pay the charges incurred by you at the posted prices, including any shipping fees and applicable taxes. Terms of payment are within Collins Safety Safety Services Ltd. sole discretion, and unless otherwise agreed to by a representative of Collins Safety Safety Services Ltd., payment must be received prior to the person or Company’s acceptance of an order. All sales are final and no refunds will be issued. Payment for the products will be made by credit card, wire transfer, or some other prearranged payment method unless credit terms have been agreed to a representative of Collins Safety Safety Services Ltd.. All Fees and other amounts are payable in Canadian dollars unless otherwise specified. Your order is subject to cancellation and at the sole discretion of Collins Safety Safety Services Ltd. You shall be responsible for any expenses and/or fees (including but not limited to attorneys’ fees), incurred by Collins Safety Safety Services Ltd. in collecting past due amounts from you. Collins Safety Safety Services Ltd. is not responsible for pricing, typographical, or other errors, in any offer by our Company and reserves the right to cancel any orders resulting from such errors.


Links to Other Web Sites

The Site contains links to other Web sites. We are not responsible for the content, accuracy or opinions express in such Web sites, and such Web sites are not investigated, monitored or checked for accuracy or completeness by us. Inclusion of any linked Web site on our Site does not imply approval or endorsement of the linked Web site by us. If you decide to leave our Site and access these third-party sites, you do so at your own risk.


Submissions

All suggestions, ideas, notes, concepts and other information you may from time to time send to us (collectively, “Submissions”) shall be deemed and shall remain our sole property and shall not be subject to any obligation of confidence on our part. Without limiting the foregoing, we shall be deemed to own all known and hereafter existing rights of every kind and nature regarding the Submissions and shall be entitled to unrestricted use of the Submissions for any purpose, without compensation to the provider of the Submissions.


Communications

When you visit the Site or send e-mails to us, you are communicating with us electronically.You consent to receive communications from us electronically. We will communicate with you by e-mail or by posting notices on the Site. You agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.

Verify Members/Client’ Address Collins safety Services Ltd. reserves the right to contact a Member or Client via email to verify the accuracy of account information (including the Member’s or Client’s correct name and address) that is needed to provide the Member or Client’s with the information he or she requested from Collins safety Services Ltd.

GENERAL TERMS AND CONDITIONS FOR THE SALE OF PRODUCTS OR SERVICES

Definitions:
“Buyer” means the entity to which Seller is providing Products or Services.
“Seller” means the entity providing Products or Services.
“Products” means the equipment, parts, materials, supplies, and other goods Seller has agreed to supply to Buyer.
“Services”means the services to which the Seller has agreed to provide to the Buyer.
“Terms and Conditions” means these “General Terms and Conditions for the Sale of Products or Services”

NOTICE: All Buyer(s) represent and warrant that they possess the legal right, capacity and ability to agree to these Terms and Conditions and by purchasing any product or service they are hereby expressing acceptance of these Terms and Conditions.

Intellectual Property

The Buyer acknowledges and agrees that any and all content and material provided by the seller – including, but not limited to, texts, applications, databases, photos, images, videos, presentations, logos – are the property of Collins safety Services Ltd. and are protected by intellectual property legislation, including the Copyright Act, the Trade-marks Act and the Patent Act. Unless exclusively under a specific license provided by Collins safety Services Ltd. to the contrary, any content and material made available to the Buyer are either exclusively owned and controlled by Collins safety Services Ltd. or used under license.

We grant to you a non-exclusive, non-transferable, limited license only to use the product as developed, and in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.


Third-Party Content

Content accessed or available through our website, products or services may be owned by parties other than you or us (collectively, “Third Party Content“) and may be protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. Nothing in your use of any content or these Terms and Conditions grants you any right, title or interest in or to this Third Party Content except for the limited right to use the content as set out in these Terms and Conditions. The content provided may contain links to Third Party Content on websites operated by parties other than you or us (“Third Party Websites“). We are under no obligation to verify the accuracy of the contents on Third Party Websites, and we do not endorse, warrant, promote or recommend any services or products that may be offered by or accessed through such Third Party Websites or the operators of them.

Our Content

Except where expressly stated otherwise, all right, title and interest in all “Content”, source code, processes, designs, technologies, URLs, domain names, marks and logos forming any part of our websites (collectively, “Our Content“) is fully vested in us, our licensors or our suppliers and are protected by applicable copyrights, trade-marks, patents, trade secrets or other proprietary rights and laws. You agree that Our Content is licensed subject to the terms of these Terms and Conditions, including the disclaimers and limitations of liability herein. Nothing in your use of the “Content” or these Terms and Conditions grants you any right, title or interest in or to Our Content except the limited right to use the “Content” as set out in these Terms and Conditions.

1. Unless otherwise expressly authorized by us in writing, you agree not to;

i. copy, modify, deep link, rent, lease, loan, sell, assign, sub-license, grant a security interest in or otherwise transfer any right or interest in Our Content

ii. distribute, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover the source code, of Our Content, to the maximum extent that such prohibition is permitted by applicable law;

iii. edit, remove, delete, or modify any proprietary notices, source code, element or plugin that has been incorporated, developed, or installed specifically for security purposes or;

iv. allow any other person or entity to engage in any of the foregoing.

2. In purchasing this end product under any license you agree to the following terms and conditions.

i. Any modification, altering, copying or attempt to tamper with the security of any material provided is strictly prohibited.

ii. You understand and agree that all personnel of the Buyers company are bound by the terms and conditions herein and the company takes full responsibility for all personnel as such and will ensure compliance with these terms and conditions as set herein.

iii. Failure to comply with these requirements shall constitute a breach of these Terms of Service and shall constitute grounds for immediate legal action


Refunds, Returns, and Transfers policy for software products

Refunds will only be given at the discretion of Collins Safety Services Ltd. No refunds will be given for any Occupational Health and Safety documentation or related material requested by and developed for the specific use of a company, customer, or client.

All sales involving the delivery of software and/or a license/registration key by download, email or otherwise are final and no returns/refunds will be accepted. For all other sales, returns will be accepted at the discretion of Collins Safety Services Ltd. and only if returned within 30 days after the purchase date. The client/customer must contact Collins Safety Services Ltd. before returning a product.

In case a refund is granted and the product is returned, all shipping expenses and/or bank/payment charges will be the responsibility of the client/customer and charged as such. All software that is provided with a ‘software dongle’ is specific to one computer only. The software cannot be transferred to a different computer during the license period. Installing the software on another computer would require the purchase of another license. Note that with a hardware dongle (USB dongle) the software can be run on any computer as long as the dongle is attached to that computer. A software license and/or dongle may not be sold or rented out without Collins Safety Services Ltd. written permission.

As well any software purchased from Collins Safety Services Ltd. Is sold and licensed for use on one computer only. As such, any attempt to transfer or install the software on more that one computer will constitute a breach in licensing agreement and therefore be subject to piracy prosecution to the fullest extent permitted by law.


Warranties and Liability

To the fullest extent permitted by law, the Software sold by Collins Safety Services Ltd. is provided as is and with no warranties of any kind, whether express or implied, including, without limitation, any warranty of merchantability or fitness for a particular purpose.

In no event shall Collins Safety Services Ltd. , or anyone else who has been involved in the creation, production, or delivery of the Software be held liable whether in contract or tort (including negligence) or otherwise for any loss of profit, health, or any commercial damage, including, but not limited to, special, incidental, consequential, or other damages resulting from the use, or misuse of the Software.

To the extent permitted by law, the total liability of Collins Safety Services Ltd. in all circumstances is limited to the price paid by the Customer for the relevant product. A more detailed deion of the limitation of warranty and the limitation of liability of the Software is given in the EULA of the Software.

These Terms and Conditions cover all sites owned and operated by Collins safety Services Ltd. as follows:

Collinssafety.ca | Safetycoordinator.ca | Smartdatabase.ca | OHSManual.ca | OHSOnline.ca