Access2ID Terms of Service
Effective as of: May 4, 2022
Last updated: May 4, 2022
Thank you for choosing to use Access2ID, our web-based software application available on our website (https://access2id.ca/; the “Website”) and the associated Access2ID services provided by Northern Village Inc. (collectively, the “Services”). The Website is owned and operated by Northern Village Inc. (“Northern Village”, “we”, “us” and “our”). We provide the Services from our offices located in the Province of Ontario, Canada.
The following AGREEMENT governs your use of the services. Please read THIS AGREEMENT carefully. By using the services, you HEREBY acknowledge that you have read and accept THIS AGREEMENT in its entirety, and agree to be bound by its terms.
This Agreement applies to all users of the Services. You are granted rights to access and use the Services by your social service organization in accordance with these Terms of Service.
BY ACCESSING AND USING THE Services, YOU ACCEPT, WITHOUT LIMITATION, ALL OF THE TERMS AS INDICATED HEREIN. IF YOU DO NOT AGREE TO THIS AGREEMENT, YOU ARE NOT PERMITTED TO ACCESS OR USE THE
This Agreement is in effect as of the date of acceptance as noted above. We reserve the right to add, remove, modify or otherwise change any part of this Agreement at any time without prior notice. Changes will be effective when the revised Agreement is posted on the Website or is otherwise made available to you. It is your responsibility to consult this Agreement from time to time to ensure that you are up to date on any changes which may affect you. Your continued access and use of the Services after the changes to this Agreement take effect will constitute your acceptance of such changes. If you do not agree to the changes, you are required to immediately discontinue use of the Services.
2. OUR SERVICES
The Website provides you, as a social service worker, tools to manage and help your clients recover, store and keep track of their government-issued identification documents, such as health card, passport and driver’s license.
We are constantly working on improving the Services. We reserve the right to add or remove functionalities or features to improve the Services, and we may suspend or stop the Services, temporarily or permanently, or restrict or prohibit access to the Services or parts thereof, without notice to you. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Services. We reserve the right, in our sole discretion, to correct any errors or omissions in any portion of the Services at any time without notice, but confirm that we have no obligation to do so.
Statements and information about the Services are made for informational purposes only and do not constitute representations, warranties or conditions, express or implied, statutory or otherwise concerning such Services. All features, content, specifications, products and services described or depicted on the Website are subject to change at any time without notice. The inclusion of any products or services on the Website at a particular time does not imply or warrant that these products or services will be available at any time.
3. USER ACCOUNTS AND PASSWORDS
To access the Services you are required to have a user account, which is assigned to you by an authorized representative of your social service organization. By accessing a user account, you agree to submit accurate, up-to-date and complete information and promptly update such information should it change. A user account is personal and may only be assigned to one user at a time.
You will keep your user account and password confidential and will not disclose your user account and password to any third party. You are responsible for any and all activities which occur under your user account and password. You shall not permit others to use your user account or password or to use the Website in any manner or for any purpose.
You agree to immediately notify us of any unauthorized use of your user account and password, or any other breach of security known to you or becomes known to you. If you believe someone has accessed your user account without your authorization, it is your responsibility to inform us and set up a new password. You may be held liable for losses incurred by us or any other party for any unauthorized use or misuse of your user account and password by anyone other than you.
4. OWNERSHIP RIGHTS
Any and all information, content (excluding Content, as defined in Section 5 of this Terms of Service), reports, data, databases, graphics, interfaces, designs, web pages, text, files, software, services, logos, icons, trade names, audio or video clips, underlying HTML, software codes, meta-tags, trade-marks, service marks, patents, copyrights, trade secrets and other intellectual property rights contained in, associated with or available through the Services (collectively, “Service Content”) including the manner in which Service Content is presented or appears and all information relating thereto, are our property, or used under license by us, or we are authorized to use or reproduce Service Content by the holder of all rights thereto.
Service Content is protected by copyright, trademark or other applicable laws. You are hereby authorized to display Service Content on your computer in a web browser as part of the expected and ordinary use of the Services. You shall not copy or use Service Content in any other manner or for any purpose. In particular, you shall not:
- copy, sell, reproduce, distribute, retransmit, publish, modify, display or prepare derivative works based on, re-post, or otherwise use any Service Content or underlying ownership rights or copyrights without our prior written consent; or
- remove or alter any visible or non-visible identification, marks, notices, or disclaimers.
- The Services are to be used solely for personal and non-commercial purposes in accordance with these Terms of Service. As part of the Services, you may provide information, including personal information of your client(s) (“Content”) to us. Content will remain your exclusive property (or, in the case of personal information, such information will remain the property of the individual to whom it relates). Except in the case of any inaccuracies caused by us, you will be solely responsible for the accuracy and completeness of any Content provided to us.
- We may, but have no obligation to, monitor, edit, or remove Content that we determine in our sole discretion to be unlawful, offensive, threatening, libelous, defamatory, obscene or otherwise objectionable or violates any third party’s intellectual property or this Agreement.
- We shall have no liability whatsoever for the loss or corruption of Content or for the failure of any backups of same for any reason whatsoever, including as a result of the failure of the equipment, software or communications services of Internet, hosting or other service providers. You are solely responsible for insuring that you retain a copy of all Content and backing up Content in a manner that suits your requirements should you require any such backups.
- You hereby consent to the following terms and conditions:
- You will inform your client(s) about our Services and are responsible for providing your client(s) with information about Access2ID should they request it;
- You will obtain all consents and have provided all notices required by applicable Canadian legislation in order for us to collect, use, and disclose your client(s) personal information as required to perform the Services. We reserve the right to request evidence from you that you have obtained the requisite consents and notices;
- You will only provide us with personal information of your clients(s) if they are at least 16 years old; an
- You will adhere to your social service organization’s policies and practices with respect to the use of your client(s) information, including when using our Services.
- By accessing and using the Services, you represent that you are over the age of 18. You are responsible for ensuring that you are complying with all applicable laws when using the Services.
- You acknowledge and agree that we may investigate any alleged or potential violations of law or this Agreement and in doing so, may co-operate with law enforcement authorities. We reserve the right to seek all available remedies for violations of this Agreement.
6. PROHIBITED USES
You agree that you will not access or use, or allow others to access or use the Services:
- for any purpose that is unlawful, harmful or otherwise objectionable, including any conduct that would constitute a criminal offence or incur civil liability, infringe others’ intellectual property or other rights, disclose private or personal matters concerning any person, or otherwise violate any applicable law;
- to use, store, share, host, copy, distribute, display, publish, transmit or send content that is or may be deemed offensive, inflammatory, hateful, defamatory, discriminatory, obscene, abusive, invasive of privacy, harmful to others, or otherwise objectionable;
- in any manner which could interfere with or disrupt the Website or servers or networks connected to the Website, including attempting to interfere with the access of any other user, host or network, including overloading, disabling, engaging in “denial of service” attacks, “spamming”, “crashing”, or “mail-bombing” such sites or disobeying any requirements, procedures, policies or regulations of networks connected to the Website;
- to upload, e-mail, post, make available, provide access, or otherwise transmit on the Website any material that contains software viruses, worms, “Trojan Horses”, or any other computer code, files or programs designed to interrupt, destroy, alter, or limit the functionality of any computer software or hardware or telecommunications equipment;
- to hack or circumvent any system feature including any experimentation, inspection, decrypting, decompiling, disassembling or reverse engineering any portion of the Website for any reason;
- to obtain or attempt to obtain any material or information through any means not intentionally made available to you through the Website;
- to modify, copy, distribute, transmit, display, perform, reproduce, license, create derivative works from, transfer, or sell any information from the Website;
- to use or attempt to use another user’s account without authorization from us, or create or use a false identity;
- to collect, use, store or disclose personal information about other users without the consent of the owner of the information; or
- to violate, or encourage the violation of, applicable laws.
8. THIRD PARTY HYPERLINKS
The Website may contain hyperlinks to websites operated by parties other than by us. These hyperlinks do not imply any endorsement by us of or any affiliation with or endorsement by us of the hyperlinked website. Your access and use of such third party websites, including any information, material, products and services therein, is solely at your own risk.
9. WARRANTIES AND DISCLAIMERS
- YOU EXPRESSLY UNDERSTAND, ACKNOWLEDGE AND AGREE THAT THE SERVICES, ANY SERVICE CONTENT AND any THIRD PARTY CONTENT PROVIDED THROUGH THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE”. THERE ARE NO, AND NORTHERN VILLAGE DISCLAIMs ANY, REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY NATURE OR KIND WHATSOEVER, EITHER EXPRESSED OR IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY IMPLIED REPRESENTATION, WARRANTY OR CONDITION OF MERCHANTABILITY, AVAILABILITY OF THE SERVICES, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, SATISFACTORY QUALITY OR NON-INFRINGEMENT. YOU EXPRESSLY AGREE THAT USE OF THE SERVICES IS AT YOUR SOLE RISK.
- THE SERVICES MAY INCLUDE INACCURACIES OR TYPOGRAPHICAL ERRORS. northern village MAKEs NO REPRESENTATION, WARRANTY, OR GUARANTEE, EXPRESS OR IMPLIED, AS TO THE SECURITY, PRIVACY, RELIABILITY, TIMELINESS, QUALITY, SUITABILITY, AVAILABILITY, ACCURACY OR COMPLETENESS OF THE SERVICES, any SERVICE CONTENT OR ANY THIRD PARTY CONTENT MADE AVAILABLE THROUGH THE SERVICES OR BY northern village FOR ANY PURPOSE WHATSOEVER.
10. LIMITATION OF LIABILITY
- UNDER NO CIRCUMSTANCES, WHETHER IN CONTRACT OR TORT (INCLUDING NEGLIGENCE), AS A RESULT OF BREACH OF WARRANTY, STRICT LIABILITY, INDEMNITY OR UNDER ANY OTHER THEORY OF LIABILITY, SHALL NORTHERN VILLAGE OR ITS DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, CONTRACTORS, CONSULTANTS, AFFILIATES, LICENSORS OR SERVICE PROVIDERS (COLLECTIVELY, THE “NORTHERN VILLAGE PARTIES”) BE LIABLE FOR ANY LOSS OR DAMAGES WHATSOEVER, INCLUDING ANY DAMAGES CHARACTERIZED AS: (I) LOSS OF PROFITS, income, or revenues, LOSS OF OPPORTUNITIES, BUSINESS INTERRUPTION or loss, corruption to or deletion of data; OR (II) DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, CONSEQUENTIAL OR EXEMPLARY LOSSES OR DAMAGES, OF ANY NATURE WHATSOEVER, INCLUDING DAMAGES ARISING FROM OR IN CONNECTION WITH:
- YOUR ACCESS TO, USE OR RELIANCE MADE ON THE SERVICES, SERVICE CONTENT OR ANY THIRD PARTY CONTENT;
- YOUR INABILITY TO ACCESS OR USE THE WEBSITE OR OTHER MEANS PROVIDED TO ACCESS THE SERVICES;
- ANY INFORMATION PROVIDED IN CONNECTION WITH THE SERVICES (INCLUDING THROUGH THE WEBSITE OR any CONTENT LINKED OR LINKING TO THE WEBSITE);
- ANY DELIVERY, HOSTING OR ANCILLARY SERVICES OR FACILITIES OF THIRD PARTY PROVIDERS USED BY NORTHERN VILLAGE; OR
- ANY OTHER MATTERS RELATING TO THE SERVICES, SERVICE CONTENT OR ANY THIRD PARTY CONTENT
EVEN IF NORTHERN VILLAGE PARTIES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN ADVANCE.
CERTAIN JURISDICTIONS MAY NOT ALLOW LIMITATIONS ON OR EXCLUSIONS OF EXPRESS OR IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE DISCLAIMERS, EXCLUSIONS OR LIMITATIONS PROVIDED FOR HEREIN MAY NOT APPLY TO YOU, AND YOU MAY HAVE ADDITIONAL RIGHTS AS PROVIDED BY LAW.
11. RELEASE AND INDEMNIFICATION
- You hereby expressly and irrevocably release and forever discharge Northern Village Parties from any and all actions, causes of action, suits, proceedings, liability, debts, judgments, claims or demands of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, in law or equity, which you ever had, now have, or hereafter can, shall or may have, for or by reason of, or arising out of, resulting from or in any way connected, directly or indirectly, your use of the Services.
- You hereby agree to indemnify and hold harmless Northern Village Parties from and against all actions, damages, claims, fines, penalties, complaints, demands, suits, proceedings, liabilities, costs, expenses, or losses (including reasonable legal fees) (collectively, “Claims”), resulting from or arising out of: (i) any breach of this Agreement by you or any other person authorized by you, (ii) your use of or access to the Services (including use or access by you or any person using your account), (iii) any violation of applicable laws or any rights of a third party by you or any other person authorized by you; or (iv) Content you provide to us in connection with the Services.
You agree to assist and co-operate fully as reasonably required by Northern Village Parties in the defense of any such Claim.
- Without limiting the generality of Section 11.B above, you are responsible and may be held liable for:
- any breach of your representations or obligations under this Agreement and for the consequences of such breach, including any resulting loss or damage incurred by Northern Village Parties or any other party;
- any losses incurred by Northern Village Parties or any other party due to the access to or use of the Services (including access to or use of the Services by another party using your account and password);
- any and all activities that occur under your account; and
- any and all of your actions and omissions.
- This Agreement is effective until terminated or replaced by us, with or without cause, in our sole discretion. We reserve the right to suspend or terminate your account and/or your access to the Services (or any portion of the Services) in the event that you fail to comply with this Agreement or for any other reason whatsoever, with or without cause. If we terminate your account and/or access to the Services (or any portion of the Services), we will notify you and you may not try to access the Services again without our prior written approval. Any such termination shall be in addition and without prejudice to such rights and remedies as may be available to us, including injunction and other civil or equitable remedies or relief. We shall not be liable to you or to any third party in any way for such actions.
13. NO WAIVER
We will not be considered to have waived any of our rights or remedies described in this Agreement unless the waiver is in writing and signed by us against whom such waiver is invoked. No delay or omission by us in exercising our rights or remedies will impair or be construed as a waiver. Any single or partial exercise of a right or remedy will not preclude further exercise of any other right or remedy. Our failure to enforce the strict performance of any provision of this Agreement will not constitute a waiver for our right to subsequently enforce such provision or any other provisions of this Agreement.
14. GOVERNING LAW
This Agreement is governed by the laws of the Province of Ontario and the laws of Canada applicable therein (excluding any conflict of laws rules or principles which might refer such construction to the laws of another jurisdiction). The courts of the Province of Ontario shall have exclusive jurisdiction over any dispute arising from, connected with, or relating to this Agreement, and you irrevocably submit and consent to the exclusive jurisdiction of those courts in respect of such disputes.
15. ENTIRE AGREEMENT
If any provision of this Agreement is held by a court of competent jurisdiction to be contrary to law, or otherwise is invalid or unenforceable, then such provision shall be construed, as nearly as possible, to reflect the intentions of the parties, with the other provisions of this Agreement remaining in full force and effect.
You shall not, without our prior written consent, assign or otherwise transfer your rights, duties or obligations under this Agreement.
In this Agreement, unless something in the subject matter or context is inconsistent therewith or unless otherwise herein provided:
- a reference to any applicable law is to that applicable law as now enacted or as the same may from time to time be amended, re-enacted or replaced;
- the term “provision” includes terms, conditions, covenants, agreements, representations, warranties and other provisions;
- words or abbreviations that have well known technical, industry or trade meanings are used herein in accordance with their recognized meanings;
- where the word “including” or “includes” is used, it means “including (or includes) without limitation”; and
- words importing the singular include the plural and vice versa and words importing gender include all genders.
Questions, comments or any reports of violations of this Agreement should be sent to:
Northern Village Inc.
PO Box 4, Guelph, Ontario N1H 6J6