Last Updated: February 21, 2024
1. Acceptance of Terms
THIS IS A LEGAL AGREEMENT BETWEEN YOU ("You") AND COMPLIANCE KIWI THE REGISTERED TRADING NAME OF THE DULY REGISTERED COMPANY EHM PRACTICAL SOLUTIONS INC. ("WE" OR "Compliance Kiwi") GOVERNING YOUR ACCESS TO AND USE OF THIS WEBSITE IN THE DELIVERY OF EDUCATIONAL CONTENT (“COURSE”, AS DEFINED BELOW) AND ANY PROGRAMS, SERVICES, TOOLS, OR INFORMATION (“MATERIALS”, AS DEFINED BELOW) AVAILABLE THROUGH THIS WEBSITE OR USED IN CONNECTION THEREWITH (COLLECTIVELY, "SITE").
Use of the Site is governed by the terms and conditions contained in this Terms of Service Agreement (“TOS"). You agree to use the Site solely for Your own non-commercial use and benefit, and not for resale or other transfer or disposition to, or use by or for the benefit of, any other person or entity.
IF YOU DO NOT ACCEPT & AGREE TO COMPLY WITH THESE TERMS OF SERVICE, YOU ARE NOT AUTHORIZED TO ACCESS OR USE THE SITE.
Compliance Kiwi reserves the right to update these Terms of Service at any time without advance notice to You. By continuing to access the Site and/or continued use of the Materials following any modifications to these TOS, you agree to be bound by such modifications.
If you have questions at any time regarding these TOS, please contact us at [email protected] for guidance and clarification.
2. Definitions.
2.1 “Course” means any particular program, conference, training, e-learning, webinar, or seminar made available on Site.
2.2 “Course T&C” means any additional notices, terms, and conditions associated with a Course together with this TOS. Any Course T&C is made a part of this TOS upon Your enrolment in the associated Course.
2.3 “Materials” means any programs, services, tools, information, or other materials made available on the Site.
2.4 “Service” means the portion of the Site which enables an You to identify and enrol in Courses.
2.5 “Supplier” means any third party who provides or licenses to Compliance Kiwi any programs, services, tools, materials, or information used in the provision of Site.
3. Permitted Use
3.1 Compliance Kiwi grants to You a revocable, limited, non-exclusive, royalty-free, non-transferable right to use the Site strictly in accordance with this TOS.
3.2 The foregoing right is limited. You do not acquire any rights or licenses in or to the Site, other than the limited right to utilize the Site in accordance with this TOS. All right, title and interest in and to the Site and any programs, services, tools, materials, information, or Courses made available through or from the Site shall remain the exclusive property of Compliance Kiwi and its respective Suppliers.
3.3 If You download Material from the Site, such downloaded Material is provided to You by Compliance Kiwi only for Your own personal, non-commercial use in accordance with the TOS and does not transfer any other rights to You. All copies of the Materials which are downloaded from the Site shall remain the property of and the provisions of this TOS shall apply to all such copies as they apply to the originals.
3.4 You may be required to register with the Site. You agree to keep your password confidential and will be responsible for all use of your account and password. We reserve the right to remove, reclaim, or change a username you select if we determine, in our sole discretion, that such username is inappropriate, obscene, or otherwise objectionable.
3.5 Payment on this Site is done by using a credit card or, if approved, through a purchase order. If you are eligible to complete the purchase using a purchase order, Compliance Kiwi will issue an invoice to you for the amounts due and owing under this Agreement, at any time after the completion of delivery of the related products, subscriptions, or services. You must pay all invoiced amounts due to Compliance Kiwi within 30 calendar days from the date of your receipt of such invoice. You agree that our TOS supersede and replace any conflicting or additional terms that may exist in your purchase order.
3.6 Materials purchased or licensed for use from this system cannot be returned for refund or credit, unless otherwise provided for by law. If you are unsure of the content of a material, please contact us and ask questions prior to purchase. We are happy to help you verify that you are purchasing the material(s) you need.
3.7 When you register, CSA Group collects your name and contact details, as well as a username and password so that will be able to login to the Site in the future. You may also enter your credit card information to be able to directly pay for items and services purchased through the Site. We collect this information to set up your account and process your order.
Please review Compliance Kiwi’s Privacy Policy for more information about how we collect, use and protect your personal information.BY REGISTERING FOR THE SITE AND/OR ANY OF THE E-LEARNING COURSES, COURSES, APPS, PERSONAL CERTIFICATION PROGRAMS, AND/OR DOWNLOADING THE DOCUMENT(S) OR DOCUMENTATION, YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS AND CONDITIONS, UNDERSTAND IT AND AGREE TO BE BOUND BY THESE TERMS AND CONDITIONS. If you do not agree to be bound by these TOS, do not register for the Site or download any Materials.
4. Additional Obligations
4.1 For the avoidance of doubt, You will not (a) use the Site to operate a service or business; or (b) use, transfer, distribute, or dispose of any information contained in the Site in any manner to compete with or disrupt the business of Compliance Kiwi or any of its Suppliers, or to develop products that compete with Site; (c) or link any Third Party site to the Site to prepare any derivative works from the Site; or (d)use any means to alter, disassemble, decompile, modify or reverse engineer any of the Site; (e) or modify the Site so as to defeat the Security of the Site; (f) or use any automatic or manual method to access, acquire, copy, or monitor any portion of the Site; (g) or attempt to gain unauthorized access to any portion or feature of the Site, including, without limitation, the account of any other Site user(s), or any other systems or networks connected to the Site or to any Compliance Kiwi server or to any of the services offered on or through the Site, by hacking, password "mining," or any other illegitimate or prohibited means; or (h) use any device, software, or routine to interfere with the proper working of the Site or any transaction conducted on the Site, or with any other person's use of the Site; or (i) take any action that imposes an unreasonable or disproportionately large load on the infrastructure of the Site or Compliance Kiwi’s systems or networks or any systems or networks connected to the Site; or (j) probe, scan, or test the vulnerability of the Site or any network connected to the Site, nor breach the security or authentication measures on the Site or any network connected to the Site; or (k) use the Site to harvest or collect e-mail addresses or other contact information; or (l) forge headers, impersonate a person, or otherwise manipulate identifiers in order to disguise Your identity or the origin of any message or transmittal You send to Compliance Kiwi on or through the Site; or (m) reverse look-up, trace, or seek to trace any information on any other visitor to the Site; or (n) use the Site in an unlawful manner or in a manner that could damage, disparage, or otherwise negatively impact Compliance Kiwi or its Suppliers.
4.2 You may not use any of the trademarks, trade names, service marks, copyrights, or logos of Compliance Kiwi in any manner which creates the impression that such items belong to or are associated with You or are used with Compliance Kiwi consent, and You acknowledge that You have no ownership rights in and to any of such items.
5. Security; Unauthorized Use
5.1 Security. Compliance Kiwi and its Suppliers shall maintain industry standard administrative, physical, and technical safeguards for protection of the security, confidentiality, and integrity of Site. Actual or attempted unauthorized use of the Site may result in criminal and/or civil prosecution. Compliance Kiwi reserves the right to view, monitor, and record activity on the Site without notice or permission from You, including, without limitation, by archiving notices or communications sent by You through the Site. Any information obtained by monitoring, reviewing, or recording is subject to review by law enforcement organizations in connection with investigation or prosecution of possible criminal or unlawful activity on the Site as well as to disclosures required by or under applicable law or related government agency actions. Compliance Kiwi will also comply with all court orders involving requests for such information. In addition to the foregoing, Compliance Kiwi reserves the right, at any time and without notice, to modify, suspend, terminate, or interrupt operation of or access to the Site, or any portion of the Site, in order to protect the Site, Compliance Kiwi , or Compliance Kiwi’s business.
5.2 Unauthorized Use. Any unauthorized or prohibited use may subject the offender to civil liability and criminal prosecution under applicable national or provincial laws. In addition to any other remedies available to Compliance Kiwi hereunder, at law or in equity, if Compliance Kiwi determines that You have allowed or committed access in violation of these TOS, then Compliance Kiwi may halt access to the Site.
6. Disclaimers; Limitations on Liability
6.1Disclaimer. WHILE COMPLIANCE KIWI ENDEAVORS TO PROVIDE RELIABLE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS, THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON OR THROUGH THE SITE ARE PROVIDED ON AN "AS-IS" AND "AS AVAILABLE" BASIS AND MAY INCLUDE ERRORS, OMISSIONS, OR OTHER INACCURACIES. COMPLIANCE KIWI IS ALSO NOT RESPONSIBLE FOR ANY POSTINGS PROVIDED BY YOU THAT ARE AVAILABLE THROUGH OR FROM THE SITE. MOREOVER, COMPLIANCE KIWI MAY MAKE MODIFICATIONS AND/OR CHANGES IN THE SITE OR IN THE INFORMATION, SERVICES, PROGRAMS, SOFTWARE, AND MATERIALS AVAILABLE ON THE SITE AT ANY TIME AND FOR ANY REASON. YOU ASSUME THE SOLE RISK OF MAKING USE AND/OR RELYING ON THE INFORMATION, SERVICES, PROGRAMS, AND MATERIALS AVAILABLE ON THE SITE. COMPLIANCE KIWI MAKES NO REPRESENTATIONS OR WARRANTIES ABOUT THE RESULTS THAT CAN BE ACHIEVED FROM OR THE SUITABILITY, COMPLETENESS, TIMELINESS, RELIABILITY, LEGALITY, OR ACCURACY OF THE INFORMATION, SERVICES, PROGRAMS, COURSES, AND MATERIALS AVAILABLE ON THE SITE FOR ANY PURPOSE, AND EXPRESSLY DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT OR ANY OTHER IMPLIED WARRANTY UNDER ANY UNIFORM COMPUTER INFORMATION TRANSACTIONS ACT AS ENACTED BY ANY STATE OR JURISDICTION. COMPLIANCE KIWI ALSO MAKES NO REPRESENTATION OR WARRANTY THAT THE SITE WILL OPERATE ERROR FREE OR IN AN UNINTERRUPTED FASHION OR THAT ANY FILES OR INFORMATION THAT YOU DOWNLOAD FROM THE SITE WILL BE FREE OF VIRUSES OR CONTAMINATION OR DESTRUCTIVE FEATURES. The content of other websites, services, goods, or advertisements (“Third Party Sites”) that may be linked to the Site are not maintained or controlled by Compliance Kiwi. Our provision of links to Third Party Sites is for convenience only and is not an endorsement of any information, product or service that is offered on or reached through such Third-Party Site. Compliance Kiwi is not responsible for the availability, content, or accuracy of websites, services, or goods that may be linked to, or advertised on, the Site. Compliance Kiwi does not: (a) make any warranty, express or implied, with respect to the use of the links provided on, or to, the Site; (b) guarantee the accuracy, completeness, usefulness or adequacy of any other websites, services, goods, or advertisements that may be linked to the Site; or (c) make any endorsement, express or implied, of any other websites, services, goods, or advertisements that may be linked to the Site. If You decide to leave this site and access the Third-Party Sites, You do so at Your own risk, and You should be aware that our terms and policies no longer govern. You understand that Compliance Kiwi and/or third-party contributors to the Site may choose at any time to inhibit or prohibit their content from being accessed under the TOS.
6.2 Limitation on Liability. You expressly absolve and release Compliance Kiwi from any claim of harm resulting from a cause beyond Compliance Kiwi’s control, including, but not limited to, failure of electronic or mechanical equipment or communication lines, telephone or other connection problems, computer viruses, unauthorized access, theft, operator errors, severe weather, earthquakes, or natural disasters, strikes, or other labor problems, wars, or governmental restrictions. You (and not Compliance Kiwi) assume the entire cost of all necessary servicing, repair, or correction of Your equipment. Under no circumstances, including but not limited to negligence, shall Compliance Kiwi , its parents, affiliates, subsidiaries, suppliers, agents, directors, officers, employees, representatives, successors, licensors or assigns be liable to You or any third person for damages of any kind, whether based in tort, contract, strict liability or otherwise, including, without limitation, any direct, indirect, incidental, consequential, special, punitive, or exemplary damages even if Compliance Kiwi has been advised specifically of the possibility of such damages, arising in any way from or in connection with this site, the service, use of or inability to use the service or any links or items on the service or any provision of the TOS, such as, but not limited to, loss of revenue or anticipated profits or lost business. Applicable law may not allow the limitation or exclusion of liability or incidental or consequential damages. In no event shall Compliance Kiwi’s total liability to You for all damages, losses and causes of action (whether in contract or tort, including but not limited to, negligence) exceed the amount paid by You to Compliance Kiwi in connection with the subject matter of the particular dispute within the previous six-month period before the claim for such damage, loss or cause of action arose.
7. Monitoring and Termination
7.1 You expressly acknowledge that Compliance Kiwi may monitor your use of the documents or materials, including the number of times you print or download same, and may take appropriate steps if Compliance Kiwi reasonably believes your use has been in violation of these Terms and Conditions. Compliance Kiwi may, without limitation to its other rights and remedies, terminate any licenses granted at any time without notice if Compliance Kiwi reasonably believes that you have failed to comply with these TOS and any additional terms of your license. Upon termination or expiry of your license, your access to documents, including those you have downloaded, will be terminated. Additionally, you must destroy all copies of and/or updates to the documents in hard copy format, and you must immediately destroy any related magnetic media, and certify by statutory declaration that you have done so upon Compliance Kiwi ’s request. If Compliance Kiwi terminates your license, you will not re-register on any Compliance Kiwi online service, including the Site, that offers Compliance Kiwi products for sale, without Compliance Kiwi’s prior written consent, failing which Compliance Kiwi may terminate such future purchases or licenses. The previous sentence will survive the termination of your license.
8. Miscellaneous
8.1Changes to the service. Compliance Kiwi may, without advance notice to You, change the Site or add or delete features at any time for any reason.
8.2 Injunctive Relief. You acknowledge and agree that any breach of any of the terms and conditions of this TOS by You would cause irreparable harm to Compliance Kiwi and the Suppliers for which damages would not be an adequate remedy. You, therefore, agree that, in the case of any breach or threatened breach by You of any of the terms and conditions of this TOS in any manner, including any use or Disclosure of the Site or the Course(s) in violation of these Terms of Service, each of Compliance Kiwi and the Suppliers will, in addition to all other remedies available to Compliance Kiwi or such Suppliers, be entitled to an injunction or other equitable relief to remedy any such breach or threatened breach of this TOS or the continuation thereof, without posting a bond and without proof of actual damages or proof that damages would not be an adequate remedy.
8.3 Assignment. Your acceptance of these Terms of Service are personal to You and shall not be transferred to or assigned by You. Compliance Kiwi may at any time assign its rights under this TOS or delegate, sub-let or sub-contract its rights and obligations under this TOS to another company which is (a) an Affiliate of Compliance Kiwi or (b) a successor in interest (whether by merger, acquisition, asset purchase or otherwise) to all or substantially all of Compliance Kiwi’s business to which this TOS relates.
8.4 Governing Law; International Users. These Terms of Service are governed by the laws of the Province of Alberta. Users irrevocably consent to the exclusive jurisdiction and venue of the courts in the province of Alberta in any action or proceeding arising out of or relating to access to the site and use of any of the Products and these Terms of Service. Site is controlled, operated and administered by Compliance Kiwi from our offices within Canada. If You access Site from a location outside Canada, You are responsible for compliance with all local laws. You agree that You will not use the Site accessed through Site in any country or in any manner prohibited by any applicable laws, restrictions, or regulations.