Last updated: May 4th, 2022.
Please read these terms and conditions carefully before using our service.
For the purposes of these Terms and Conditions:
Affiliate means an entity that controls, is controlled by or is under common control with a party, where “control” means ownership of 50% or more of the shares, equity interest or other securities entitled to vote for election of directors or other managing authority.
Account means a unique account created for You to access our Service or parts of our Service.
Country refers to: Canada
Company (referred to as either “the CWCI”, “We”, “Us” or “Our” in this Agreement) refers to The Canadian Workplace Culture Index, 202 – 1965 West 4th Avenue, Vancouver, BC, Canada, V6J 1M8.
Content refers to content such as text, images, reports, documents or other information that can be posted, uploaded, linked to or otherwise made available to You, regardless of the form of that content.
Device means any device that can access the Service such as a computer, a cellphone or a digital tablet.
End-User means the final beneficial user of a product or service.
Feedback means feedback, innovations or suggestions sent by You regarding the attributes, performance or features of our Service.
Goods refer to the products and services offered for sale on the Service.
Orders mean a request by You to purchase Goods from Us.
Promotions refer to contests, sweepstakes or other promotions offered through the Service.
Service refers to the Website.
Terms and Conditions (also referred as “Terms”) mean these Terms and Conditions that form the entire agreement between You and the CWCI regarding the use of the Service.
Third-party Social Media Service means any services or content (including data, information, products or services) provided by a third-party that may be displayed, included or made available by the Service.
Website refers to The Canadian Workplace Culture Index, accessible from https://cultureindex.io
You means the individual accessing or using the Service, or the CWCI, or other legal entity on behalf of which such individual is accessing or using the Service, as applicable.
The words of which the initial letter is capitalized have meanings defined under the following conditions. The following definitions shall have the same meaning regardless of whether they appear in singular or in plural.
These are the Terms and Conditions governing the use of this Service and the agreement that operates between You and the Canadian Workplace Culture Index (“CWCI”). These Terms and Conditions set out the rights and obligations of all users regarding the use of the Service.
Your access to and use of the Service is conditional on Your acceptance of and compliance with these Terms and Conditions. These Terms and Conditions apply to all visitors, users and others who access or use the Service.
By accessing or using the Service You agree to be bound by these Terms and Conditions. If You disagree with any part of these Terms and Conditions then You may not access the Service.
You represent that you are over the age of 18. The CWCI does not permit those under 18 to use the Service.
By placing an Order through the Service, You warrant that You are legally capable of entering into binding contracts.
If You wish to place an Order for Goods available on the Service, You may be asked to supply certain information relevant to Your Order including, without limitation, Your name, Your email, Your phone number, Your company name, The number of employees in your company, Your credit card number, the expiration date of Your credit card, Your billing address, and Your shipping information.
You represent and warrant that: (i) You have the legal right to use any credit or debit card(s) or other payment method(s) in connection with any Order; and that (ii) the information You supply to us is true, correct and complete.
By submitting such information, You grant us the right to provide the information to payment processing third parties for purposes of facilitating the completion of Your Order.
We reserve the right to refuse or cancel Your Order at any time for certain reasons including but not limited to:
- Goods availability
- Errors in the description or prices for Goods
- Errors in Your Order
- We reserve the right to refuse or cancel Your Order if fraud or an unauthorized or illegal transaction is suspected.
Any Goods you purchase can only be returned in accordance with these Terms and Conditions and Our Returns Policy.
Our Returns Policy forms a part of these Terms and Conditions. Please read our Returns Policy to learn more about your right to cancel Your Order.
If we receive notice in writing five (5) days from the original date of purchase you may receive a refund. We will reimburse you no later than fourteen (14) days from the day on which we confirm receipt of the request for a return. We will use the same means of payment as You used for the Order, and depending on your payment method You may incur fees for such reimbursement.
The CWCI reserves the right to revise its prices at any time prior to accepting an Order.
All Goods purchased are subject to a one-time payment. Payment can be made through various payment methods we have available, such as Visa, MasterCard, Affinity Card, American Express cards, bank transfer, or online payment methods.
Payment cards (credit cards or debit cards) are subject to validation checks and authorization by your card issuer. If we do not receive the required authorization, We are not be liable for any delay or non-delivery of your Order.
By accessing and using The Canadian Workplace Culture Index (“CWCI”) Website or Content, you (“end-user”) are agreeing to be bound by the terms and conditions of the user agreement.
The Web site provides data and other information including, without limitation, articles, reports, publications, videos, products, graphics, video, sound, images, icons, software, pictures and other materials (“Content”). Access and use of the Content are subject to the terms and conditions set out below:
CWCI owns all rights, including all copyright, to the Content. Except as is specifically provided herein, no right, title or interest is granted to the Content.
The End-User shall not lend, rent, lease, sub-License, transfer or sell any part of the Content nor any right granted under this agreement to any person outside the End-User’s organization or to any other organization.
This End-User agreement represents an agreement between the individual licensee and The Canadian Workplace Culture Index. The End-User agrees to not share, disseminate, or otherwise disclose information from licensed Content (such as The Canadian Workplace Culture Report) in part or in whole except as laid out in this agreement.
Subject to what is authorized for herein, the End-User shall not use any of the Content to develop or derive any other information product or information service for distribution or commercial sale.
The End-User may access and download the licensed Content only as required to view the Content on your web browser for your individual use, keeping all copyright and other notices on the Content. You may print a single copy of the Content for your use. You may not republish or distribute any Content or do anything else with the Content, which is not specifically permitted in this Agreement. A group or organization may purchase a specialized license for their needs.
The End-User is granted reasonable rights of use of the Content so long as it is not used in any manner that might be deemed competitive with any product or service provided by The Canadian Workplace Culture Index. This permission consists of the right to use limited content, for general reference or educational purposes only, in written analyses and in the reporting of results, conclusions and forecasts. This also permits the citation of “limited amounts” of supporting data extracted from the Content in such documents. The Canadian Workplace Culture Index defines “limited amounts” as not exceeding 400 words or a maximum of 2 data tables or graphs per document. In such cases, the source of the data or analysis must be acknowledged in all documents and communications by providing the following source citation at the bottom of each analysis, table or graph:
Source (or adapted from, if appropriate): The Canadian Workplace Culture Index, name of the product, reference date of the product.
“Source: The Canadian Workplace Culture Index, Canadian Workplace Culture Report, 2022.”
The End-User shall obtain approval from The Canadian Workplace Culture Index, before publishing any amount of material from the Content in any medium that exceeds what is authorized under this agreement.
Any violation of the agreement renders it null and void, and service will be terminated immediately without notification.
The materials in the content are provided on an “as is” basis for information purposes only. all warranties and conditions are hereby disclaimed, including implies warranties and conditions of merchantability, fitness for a particular purpose, or non-infringement.
In no event will The CWCI be liable for any special, indirect or consequential damages or any damages whatsoever resulting from the use of the content whether in an action of contract, negligence or other tortious action or infringement arising out of or in connection with the use of the content.
The Canadian Workplace Culture Index “Logo”, “The Canadian Workplace Culture Index”, and “The Canadian Workplace Culture Report” are trademarks used by The CWCI under license. You may not use the trademarks without prior written consent. This User Agreement shall be governed by the laws of the Province of Ontario and the laws of Canada applicable therein.
The End-User Agreement may be amended by The CWCI from time to time.
Each promotional code is valid for a limited time only and expires on the date specified in the promotion. Each promotional code applies only to qualifying items, as specified in the promotion. Not valid on past purchases. The promotion is subject to all restrictions set forth in the offer. To apply a promotional code, you must enter it prior to completing the order. Only one promotional code can be used each time and therefore cannot be combined with other offers using a promotional code. Offer subject to change or cancellation without notice.
Any Promotions made available through the Service may be governed by rules that are separate from these Terms.
When You create an account with Us, You must provide Us information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in termination of Your account on Our Service.
You are responsible for safeguarding the password that You use to access the Service and for any activities or actions under Your password, whether Your password is with Our Service or a Third-Party Service.
You agree not to disclose Your password to any third party. You must notify Us immediately upon becoming aware of any breach of security or unauthorized use of Your account.
You may not use as a username the name of another person or entity or that is not lawfully available for use, a name or trademark that is subject to any rights of another person or entity other than You without appropriate authorization, or a name that is otherwise offensive, vulgar or obscene.
We respect the intellectual property rights of others. It is Our policy to respond to any claim that Content posted on the Service infringes a copyright or other intellectual property infringement of any person.
If You are a copyright owner, or authorized on behalf of one, and You believe that the copyrighted work has been copied in a way that constitutes copyright infringement that is taking place through the Service, You must submit Your notice in writing to the attention of our copyright agent via email at firstname.lastname@example.org and include in Your notice a detailed description of the alleged infringement.
You may be held accountable for damages (including costs and attorneys’ fees) for misrepresenting that any Content is infringing Your copyright.
DMCA Notice and DMCA Procedure for Copyright Infringement Claims
You may submit a notification pursuant to the Digital Millennium Copyright Act (DMCA) by providing our Copyright Agent with the following information in writing (see 17 U.S.C 512(c)(3) for further detail):
An electronic or physical signature of the person authorized to act on behalf of the owner of the copyright’s interest.
A description of the copyrighted work that You claim has been infringed, including the URL (i.e., web page address) of the location where the copyrighted work exists or a copy of the copyrighted work.
Identification of the URL or other specific location on the Service where the material that You claim is infringing is located.
Your address, telephone number, and email address.
A statement by You that You have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law.
A statement by You, made under penalty of perjury, that the above information in Your notice is accurate and that You are the copyright owner or authorized to act on the copyright owner’s behalf.
You can contact our copyright agent via email at email@example.com. Upon receipt of a notification, the CWCI will take whatever action, in its sole discretion, it deems appropriate, including removal of the challenged content from the Service.
The Service and its original content (excluding Content provided by others), features and functionality are and will remain the exclusive property of the CWCI and its licensors.
The Service is protected by copyright, trademark, and other laws of both the Country and foreign countries.
Our trademarks and trade dress may not be used in connection with any product or service without the prior written consent of the CWCI.
We acknowledge that every individual has the right to be forgotten. If you wish to have your information removed from the Service please contact us at firstname.lastname@example.org and allow at least 45 days for confirmation that your information has been removed from the Service.
You assign all rights, title and interest in any Feedback You provide the CWCI. If for any reason such assignment is ineffective, You agree to grant the CWCI a non-exclusive, perpetual, irrevocable, royalty free, worldwide right and license to use, reproduce, disclose, sub-license, distribute, modify and exploit such Feedback without restriction.
Our Service may contain links to third-party web sites or services that are not owned or controlled by the CWCI.
The CWCI has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third-party web sites or services. You further acknowledge and agree that the CWCI shall 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 such content, goods or services available on or through any such web sites or services.
We strongly advise You to read the terms and conditions and privacy policies of any third-party web sites or services that You visit.
We may terminate or suspend Your Account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if You breach these Terms and Conditions.
Upon termination, Your right to use the Service will cease immediately. If You wish to terminate Your Account, You may simply discontinue using the Service.
Notwithstanding any damages that You might incur, the entire liability of the CWCI and any of its suppliers under any provision of this Terms and Your exclusive remedy for all of the foregoing shall be limited to the amount actually paid by You through the Service or 100 CDN if You haven’t purchased anything through the Service.
To the maximum extent permitted by applicable law, in no event shall the CWCI or its suppliers be liable for any special, incidental, indirect, or consequential damages whatsoever (including, but not limited to, damages for loss of profits, loss of data or other information, for business interruption, for personal injury, loss of privacy arising out of or in any way related to the use of or inability to use the Service, third-party software and/or third-party hardware used with the Service, or otherwise in connection with any provision of this Terms), even if the CWCI or any supplier has been advised of the possibility of such damages and even if the remedy fails of its essential purpose.
Some regions do not allow the exclusion of implied warranties or limitation of liability for incidental or consequential damages, which means that some of the above limitations may not apply. In these regions, each party’s liability will be limited to the greatest extent permitted by law.
The Service is provided to You “AS IS” and “AS AVAILABLE” and with all faults and defects without warranty of any kind. To the maximum extent permitted under applicable law, the CWCI, on its own behalf and on behalf of its Affiliates and its and their respective licensors and service providers, expressly disclaims all warranties, whether express, implied, statutory or otherwise, with respect to the Service, including all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement, and warranties that may arise out of course of dealing, course of performance, usage or trade practice. Without limitation to the foregoing, the CWCI provides no warranty or undertaking, and makes no representation of any kind that the Service will meet Your requirements, achieve any intended results, be compatible or work with any other software, applications, systems or services, operate without interruption, meet any performance or reliability standards or be error free or that any errors or defects can or will be corrected.
Without limiting the foregoing, neither the CWCI nor any of the CWCI’s provider makes any representation or warranty of any kind, express or implied: (i) as to the operation or availability of the Service, or the information, content, and materials or products included thereon; (ii) that the Service will be uninterrupted or error-free; (iii) as to the accuracy, reliability, or currency of any information or content provided through the Service; or (iv) that the Service, its servers, the content, or e-mails sent from or on behalf of the CWCI are free of viruses, scripts, trojan horses, worms, malware, time-bombs, or other harmful components.
Some jurisdictions do not allow the exclusion of certain types of warranties or limitations on applicable statutory rights of a consumer, so some or all of the above exclusions and limitations may not apply to You. But in such a case the exclusions and limitations set forth in this section shall be applied to the greatest extent enforceable under applicable law.
The laws of the Country, excluding its conflicts of law rules, shall govern this Terms and Your use of the Service. Your use of the Service may also be subject to other local, state, national, or international laws.
If You have any concern or dispute about the Service, You agree to first try to resolve the dispute informally by contacting the CWCI.
If any provision of these Terms is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect.
Except as provided herein, the failure to exercise a right or to require performance of an obligation under this Terms shall not effect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach.
These Terms and Conditions may have been translated if We have made them available to You on our Service. You agree that the original English text shall prevail in the case of a dispute.
We reserve the right, at Our sole discretion, to modify or replace these Terms at any time. If a revision is material We will make reasonable efforts to provide at least 30 days’ notice prior to any new terms taking effect. What constitutes a material change will be determined at Our sole discretion.
By continuing to access or use Our Service after those revisions become effective, You agree to be bound by the revised terms. If You do not agree to the new terms, in whole or in part, please stop using the website and the Service.