Health Workforce Canada Website Terms (Rules) of Use

November 23, 2023

Welcome to the Health Workforce Canada website. Health Workforce Canada (“we”, “our”, “us”) provides you access to our website and materials as either a registered subscriber or a visitor. Regardless of whether you are a subscriber or visitor, your use of the website and materials available on or through the Website is subject to your agreement to comply and compliance with the following terms and conditions (“Terms of Use”).

Binding Agreement. Please read the Terms of Use carefully because by accessing and using the website and website content, including materials available through the website (collectively, the “Website”), you are agreeing to the Terms of Use (which include any other notices and conditions posted by us on the Website from time to time, each of which is incorporated by reference into the Terms of Use), and all applicable laws and regulations governing use of the Website. You also agree to our use and disclosure of any personal information that you may provide us through the Website as described in our Website Privacy Policy, posted below. If you do not agree to the Terms of Use, you are not permitted to use the Website or any of the materials we make available through the Website.

Changes. Health Workforce Canada has the right, in its sole discretion, to add to, remove, or otherwise change the Terms of Use and the Website, in whole or in part, at any time. Any change will come into effect when we post the updated Terms of Use or notice of the change on the Website. If any change is not acceptable to you, you must discontinue your use of the Website immediately. Your continued use of the Website after updated Terms of Use or notice of a change is posted will be understood as your acceptance of the change. Please check to see whether the Terms of Use have been updated since the last time you used the Website and if so, review them. The date on which the Terms of Use have been last updated will be posted at the top of the page. Note that the Terms of Use apply exclusively to your use of the Website and do not impact the terms or conditions of any other agreement you may have with us.

Use of the Website. Health Workforce Canada grants you a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to display on your computer, print, download and use the Website for informational purposes only, and only for your own personal, non-commercial use. No other use is permitted. Without limiting the generality of the preceding, you may not: reverse-engineer, decompile or disassemble the Website; use automated means such as robots, botnets or scrapers to access the Website; circumvent, disable or otherwise interfere with the security-related features of the Website; obtain unauthorized access to, or interfere with our software or systems; use the Website to modify or prepare derivative works of content available on or through the Website; infringe the rights of or restrict or inhibit the use and enjoyment of the Website by anyone else; disseminate any unlawful, objectionable, obscene, discriminatory material through the Website or otherwise use the Website to harass or abuse anyone; or otherwise use the Website in breach of the law. You are prohibited from accessing the Website from locations where its content is illegal. If you are accessing the Website from outside of Canada, you do so on your own initiative and are responsible for compliance with your local laws.

Intellectual Property. Health Workforce Canada either owns the intellectual property rights in and to the Website (including, without limitation, code, trademarks, logos, designs, text, photos, and other materials and content), or has obtained permission from the owner of the intellectual property for its use in connection with the Website. Health Workforce Canada reserves all rights that are not specifically granted to you under the Terms of Use. Permitted reproduction of any part of the Website must be accompanied by our copyright notice posted at the bottom of the Terms of Use.

Disclaimer. The Website is provided “as is” and “as available”. That means that Health Workforce Canada does not guarantee that the Website will be error-free or uninterrupted. Health Workforce Canada assumes no responsibility and provides no warranties, representations, guarantees, covenants, or conditions, express or implied (either in fact or by operation of law) or statutory, including without limitation with respect to the quality, accuracy, currency, reliability, completeness, merchantability, fitness for a particular purpose, non-infringement, availability or continued availability of the Website. Your use of the Website is at your own risk, and you acknowledge that you are solely responsible for your actions and communications in the course of using the Website. Health Workforce Canada may, at any time, update, upgrade, and/or change the browser requirements, operating system, network configuration, hardware and other software which may affect your use of the Website. It is your responsibility to ensure that your browser, operating system, network configuration, hardware and other software are compatible wit those required to use the Website. You acknowledge and agree that the Internet is not secure and accordingly, the privacy of your use of including your communications through the Website cannot be guaranteed.

Links to Other Websites. The Website may contain links to other websites or resources. Health Workforce Canada has no control over such external sites and resources. You acknowledge and agree that:

Health Workforce Canada is not responsible for the availability of any third-party websites or resources, does not endorse and is not responsible or liable for any content, advertising, services, products, or materials on or available through such websites or resources (collectively, “Third Party Offering”);
Health Workforce Canada will not be responsible or liable, directly, or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any Third Party Offering; and
if you decide to visit any linked website or resource, you do so at your own risk and it is your responsibility to take all protective measures to guard against loss and damage, including but not limited to any viruses, other malicious software or malware, or destructive elements.

Limitation of Liability. Health Workforce Canada will not be liable to you, in contract, tort (including negligence or gross negligence) or otherwise, for any loss or damage whatsoever including without limitation, loss of information, data, programs, revenue, profit, savings, or goodwill, or direct, indirect, special, incidental, consequential, punitive or exemplary damages, however caused or arising (even if Health Workforce Canada has been notified of the possibility of such loss or damage or if such loss or damage was foreseeable).

Indemnification. You agree to indemnify and hold Health Workforce Canada harmless from any and all losses, damages, liability, and costs (including reasonable legal fees) resulting directly or indirectly from any claim or demand against Health Workforce Canada arising out of or related to your use of or reliance on the Website, your ability to access the Website, your violation of the Terms of Use, or your violation of anyone else’s rights through your use of the Website.

Suspension, Termination. Health Workforce Canada will look into any suspected fraudulent, abusive, or illegal use of the Website, and may involve and cooperate with law enforcement authorities to investigate any such suspected activity, and where applicable prosecute those involved.

Entire Agreement. The Terms of Use (as updated from time to time) constitute the entire agreement between you and Health Workforce Canada regarding use of the Website and supersede all other communications, representations, or agreements, either oral or written, between you and Health Workforce Canada in that regard.

Waiver. Any failure of Health Workforce Canada to exercise or enforce any of its rights under or provision of the Terms of Use will not constitute a waiver of the right or provision.

Severability of Terms. If any provision of the Terms of Use, in whole or in part, is found by a court of competent jurisdiction to be invalid or unenforceable, you and Health Workforce Canada agree that the court should endeavor to give effect to the intentions reflected in the provision or as applicable part of the provision, and that all other parts of the provision or provisions of the Terms of Use will remain in full force and effect.

Governing Law. The Website is operated by Health Workforce Canada from the Province of Ontario, Canada. The Terms of Use will be interpreted and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable in Ontario (other than any conflict of laws rules that would result in the choice of laws of another jurisdiction). You agree to submit to the exclusive jurisdiction of the courts of Ontario in relation to any dispute or proceeding connected with the Terms of Use.