COURSES OFFERED:
ACCEPTANCE OF PROGRAM TERMS AND CONDITIONS
BY REGISTERING FOR THE PROGRAM (OR BY PARTICIPATING IN THE PROGRAM, BY CLICKING “ACCEPT”, OR BY ACCESSING OR USING ANY OF THE PROGRAM ELEMENTS (AS DEFINED BELOW)), YOU ACKNOWLEDGE THAT YOU HAVE READ AND AGREE TO THESE PROGRAM TERMS AND CONDITIONS (THE “TERMS”) AND THE PRIVACY POLICIES REFERENCED BELOW, THAT THESE TERMS CONSTITUTE AN ENFORCEABLE AGREEMENT BETWEEN YOU AND THE UNIVERSITY OF WATERLOO AND THAT YOU AGREE TO BE BOUND BY AND COMPLY WITH THEM. IF YOU DO NOT AGREE TO BE BOUND BY THESE TERMS AND THE PRIVACY POLICIES, DO NOT REGISTER FOR THE PROGRAM.Please print a copy of these Terms for your records.
PROGRAM FORMAT
This program combines virtual and on demand learning. This is an online program offered by the University of Waterloo, which is NOT a credit course and will not contribute towards any undergraduate or graduate degree from the University of Waterloo. Your learning will take place on the University of Waterloo’s learning management system. The program will be provided in English.CHANGES TO THE PROGRAM
The University of Waterloo reserves the right to cancel, discontinue, reschedule, delay or postpone the program up to seven (7) days before the program start date. The University of Waterloo reserves the right to change instructors, or modify the program or the Program Elements, at any time, and from time to time.
REGISTRATION
All information that you provide in the course of account creation and registration for the program must be complete and accurate. You agree not to share your account information with any person and acknowledge and agree that you are solely responsible for any activity that occurs under your account. All registrations are subject to acceptance by the University of Waterloo.
YOU MUST use the same email address to register with both CPA Ontario and with University of Waterloo.
CANCELLATION POLICY
You may cancel your registration and receive a full refund up to seven (7) days in advance of the start of the program. Cancellations within seven (7) days of the program start date, or after the program has started, will incur a withdrawal service charge. Registration, cancellation, withdrawal and all other Chartered Professional Accountants of Ontario (“CPA Ontario”) PD Seminar policies can be found here. No meals are provided to participants of this program. For greater clarity, the provisions herein, including this Cancellation Policy, take precedence in the event of a conflict over other provisions in CPA Ontario PD Seminar policies.
PROGRAM CERTIFICATE
Upon successful completion of the program, as determined by the University of Waterloo, you will receive an electronic certificate from the University of Waterloo.
PRIVACY CONCENT/NOTICE
You consent to and confirm your understanding that the University of Waterloo may collect and use your email address, name and any other personal information that you disclose to the University of Waterloo or which the University of Waterloo collects in the course of the program, for the purposes of facilitating your registration for, and your participation in, and other fundamental activities related to the program. The University of Waterloo may disclose some or all of such information, including the status of your participation in the program and whether or not you have received a certificate from the University of Waterloo in respect of your completion of the program, to the CPA Ontario and the University of Waterloo’s third party service providers, including those who make the learning management system, or components thereof, available. Any information collected by the University of Waterloo is collected and maintained under the authority of the University of Waterloo Act, 1972 and in compliance with the Freedom of Information and Protection of Privacy Act (R.S.O. 1990. C.31) or other applicable legislation. Questions regarding the collection, use, disclosure, access, and correction of your personal information in any specific instance should be addressed to the instructor, WatSPEED (a division of the University of Waterloo), or service responsible for such collection and use. Questions of a general nature regarding the processing of personal information by the University, should be directed to the Secretariat, University of Waterloo, 200 University Avenue West, Waterloo, Ontario, Canada N2L 3G1. The Secretariat can be contacted by email at fippa@uwaterloo.ca.
All information collected, used and disclosed will be collected, used and disclosed by the University of Waterloo in accordance with its privacy policies, available here: uwaterloo.ca/privacy/
INTELLECTUAL PROPERTY
You agree all Program Elements, and all intellectual property rights therein, are owned by the University of Waterloo and that, except as set out herein, you have no right or license to access or use the Program Elements. You further acknowledge and agree that any trademarks, trade names, service marks or logos contained in the Program Elements, including all intellectual property rights therein, are owned by their respective owners and that you have no right or license to use same. Certain program content is used with the permission of third parties, and your use of that content may be subject to certain additional terms and conditions, which will be posted along with the content.
Subject to your payment of any fees in connection with your registration for the program and your compliance with these Terms, the University of Waterloo grants you a limited, non-transferable, non-assignable, non-sublicensable, revocable, non-exclusive licence to access and use the Program Elements solely for your internal professional and non-commercial purposes. You are granted the right to download, store, and print single copies of the program content for your internal professional and non-commercial purposes, provided that you maintain all copyright and other notices contained in such program content.
RESTRICTIONS ON USE OF PROGRAM ELEMENTS
Except as permitted in these Terms or by applicable law, you agree that you will not: (a) record, copy, reproduce, duplicate, modify, adapt, translate, scrape, decompile, disassemble or reverse engineer the program, program content, program materials, training tutorials, text, case studies, tests and assignments, branding, technology (including information part of its learning management system), multimedia images, graphics, audio and video files, data, deliverables, or software (the “Program Elements”) or otherwise attempt to discover the source code of the software; (b) rent, lease, sell, re-transmit, re-distribute, broadcast, publish, display, commercially exploit, or otherwise make available the Program Elements to any third party, allow any third party to access the Program Elements or assign any right to use the Program Elements to any third party; and (c) except as necessary to fulfill the program requirements, complete the program exercises, or as outlined by the University of Waterloo, download or use any Program Elements.
You agree to use the Program Elements in compliance with these Terms and all applicable local, provincial/territorial, federal and international laws, as well as all terms and conditions and policies on the Program Elements and all of the University of Waterloo’s policies.
You agree not to damage, disable, overburden, or impair any of the University of Waterloo’s server(s) or the network(s) connected to the University of Waterloo’s server(s), or to interfere with any other party’s use and enjoyment of the Program Elements. You may not attempt to gain unauthorized access to the Program Elements, other accounts, computer systems, or networks connected to any of the University of Waterloo’s server(s) through hacking, password mining, or any other means. You may not obtain or attempt to obtain any materials or information stored on the Program Elements, its servers, or associated computers through any means not intentionally made available through the Program Elements.
You agree not to: (a) scrape, or otherwise download in bulk, any program content, including but not limited to, a list or directory of users on the system or other user information; (b) attach, probe, scan or test the vulnerability of, breach security of, disrupt, disable or harm the Program Elements, or the server(s) or network(s) connected to the Program Elements; (c) send any unsolicited emails to any other users of the Program Elements; (d) display the Program Elements within a frame on another platform without consent, place a pop-up window or other disruptive technology over it; (e) attempt to interfere with any service to any user, host, network, including, without limitation, via means of submitting a virus or other harmful code to the Program Elements, overloading, “flooding”, “mailbombing” or “crashing”; (f) misrepresent or attempt to misrepresent your identity while using the Program Elements, impersonate another person or improperly allow another to use your registration or account information to access the Program Elements; or (g) use the Program Elements in violation of these Terms and all applicable local, provincial, federal and international laws, rules and regulations, including copyright laws and export control laws, or any terms and conditions and policies on the Program Elements and all of the University of Waterloo’s policies.
USER CONTENT
By participating in the program, submitting, posting, publishing or distributing any content on the Program Elements, including, but not limited to, any forum, posts, notes, questions, comments, classes, assignments, videos, and file uploads (“User Content”) you represent and warrant that: (a) you have all necessary rights and licenses to submit, post, publish or distribute the User Content; and (b) that neither your submission, posting, publishing or distribution of the User Content nor the exercise of the licenses granted to the User Content in these Terms will infringe, misappropriate or violate any third party’s intellectual property or proprietary rights, or rights of publicity or privacy, or result in the violation of any law or regulation. You are solely responsible for your User Content.
By submitting, posting, publishing or distributing any User Content on the Program Elements, you hereby: (a) grant to the University of Waterloo a worldwide, non-exclusive, transferable, assignable, sublicensable, fully paid-up, royalty-free, perpetual, irrevocable right and license to host, transfer, display, perform, reproduce, modify, distribute, translate, re-distribute, relicense, and otherwise use, make available, and exploit your User Content, in whole or in part, in any form and in any media formats and through any media channels; and (b) you hereby waive and agree to irrevocably and unconditionally waive any moral rights in your User Content.
The following types of User Content are strictly prohibited on the Program Elements and you agree not to submit, post, publish or distribute User Content that: (a) defames, harasses, or threatens others; (b) discusses illegal activities with the intent to commit them or encourage their commission; (c) is not your own, or infringes another’s intellectual property, including, but not limited to, copyrights, trademarks or trade secrets; (d) is profane, pornographic, obscene, indecent, or unlawful content; (e) is advertising or any form of commercial solicitation; (f) is related to partisan political activities; (g) contains viruses, trojan horses, worms, time bombs, corrupted files, malware, spyware, or any other similar software that may damage the operation of another's computer or property; or (h) contains intentionally inaccurate information or that is posted with the intent of misleading others; or (i) violates any applicable University of Waterloo terms and conditions and policies on the Program Elements of which you were notified.
ACKNOWLEDGEMENTS WITH RESPECT TO USER CONTENT
You further understand and acknowledge that you may be exposed to User Content that is inaccurate, offensive, defamatory, indecent, or objectionable. You agree to waive, and hereby do waive, any legal or equitable rights or remedies you have or may have against the University of Waterloo and its Representatives (as defined below) with respect thereto. The University of Waterloo and its Representatives do not endorse any User Content or any opinion, recommendation, or advice expressed therein. The University of Waterloo and its Representatives do not have any obligation to monitor any User Content or any other user communications through the Program Elements.
The University of Waterloo reserves the right to review User Content and to exercise its sole discretion to edit or remove, in whole or in part, any User Content at any time and for any reason, or to allow any of its Representatives to do so. Without limiting the foregoing, upon receiving notice from a user or a content owner that User Content allegedly does not conform to these Terms, the University of Waterloo may investigate the allegation and determine in its sole discretion whether to remove the User Content, which the University of Waterloo reserves the right to do at any time and without notice.
FEEDBACK
You acknowledge and agree that any questions, comments, contributions, suggestions, ideas, feedback or other information regarding the Program Elements (“Feedback”) provided by you are non-confidential and shall become the University of Waterloo’s sole property and are subject to the license you provide above in respect of User Content. Without limiting the foregoing, the University of Waterloo shall be entitled to the unrestricted use and dissemination of the Feedback for any lawful purpose, commercial or otherwise, without acknowledgment or compensation to you. You represent and warrant that any such Feedback is original to you or that you have all necessary rights, licenses, waivers, consents and/or permissions to submit such Feedback and that the such Feedback will not infringe, misappropriate or violate any third party’s intellectual property or proprietary rights, or rights of publicity, privacy, or result in the violation of any law or regulation. You agree there shall be no recourse against the University of Waterloo or its Representatives for any alleged or actual infringement or misappropriation of any proprietary right in your Feedback.
TERMINATION
Subject to applicable law, you agree that the University of Waterloo may, in its sole discretion, terminate your use of the Program Elements, your registration or participation in the program, or your access to the Program Elements for any or no reason, immediately upon notice to you, subject to any right you may have to obtain a refund in accordance with these Terms.
DISCLAIMER, RELEASE AND INDEMNITY
TO THE GREATEST EXTENT PERMITTED BY LAW, AND EXCEPT WHERE PROHIBITED BY LAW FOR PARTICIPANTS RESIDING IN THE PROVINCE OF QUEBEC, THE PROGRAM ELEMENTS ARE PROVIDED "AS IS" AND "AS AVAILABLE" WITHOUT WARRANTY OR CONDITION OF ANY KIND (EXPRESS, IMPLIED, OR OTHERWISE), INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR IMPLIED CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
YOUR ACCESS TO, DOWNLOAD OF, AND USE OF PROGRAM ELEMENTS IS AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR PROPERTY (INCLUDING YOUR COMPUTER SYSTEM) OR LOSS OF DATA THAT RESULTS FROM THE USE OF SUCH CONTENT.
TO THE GREATEST EXTENT PERMITTED BY LAW, YOU HEREBY AGREE TO RELEASE THE UNIVERSITY OF WATERLOO AND ITS GOVERNORS, TRUSTEES, FACULTY, INSTRUCTORS, OFFICERS, EMPLOYEES, AGENTS AND REPRESENTATIVES (TOGETHER, “REPRESENTATIVES”) FROM, AND IN NO EVENT SHALL ANY OF THEM BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY, FOR ANY AND ALL LIABILITIES, DAMAGES AND COSTS (INCLUDING ANY DIRECT, INDIRECT, SPECIAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES, INCLUDING LOST PROFITS) WHATSOEVER ARISING FROM YOUR REGISTRATION FOR AND PARTICIPATION IN THE PROGRAM AND USE OF THE PROGRAM ELEMENTS.
INDEMNIFICATION
You will indemnify, defend (at the applicable party’s option) and hold harmless the University of Waterloo and its Representatives from and against any claims, losses, judgments, damages, costs and expenses (including without limitation, reasonable legal fees and expenses) incurred by any of them due to or resulting from your breach of these Terms, your participation in the program or your access to and use of the Program Elements.
CHANGES TO THESE TERMS
Subject to applicable law, the University of Waterloo reserves the right, in its sole and absolute discretion, to modify all or any portion of these Terms, including, without limitation, the amount of any fees, payment terms and terms with respect to withdrawals and refunds, cancellation, discontinuance, rescheduling, delay or postponement of the program, if applicable, limitations of liability and indemnities, at any time without incurring any liability or obligation whatsoever to you or any other person or entity. Changes to these Terms will be posted and the top of this page will indicate the date these Terms were last modified.
FORCE MAJEURE
The University of Waterloo and its Representatives shall not be responsible or liable for any loss, damage, delay, or failure to act caused by any cause beyond their reasonable control.
GENERAL
These Terms constitutes the entire agreement and understanding between you and the University of Waterloo and supersede all prior or contemporaneous agreements, representations, warranties and understandings with respect to the subject matter of these Terms. These Terms may not be assigned by you in whole or in part. The University of Waterloo may, without prior notice and without your consent, assign any or all of our rights and obligations under these Terms to others at any time. These Terms shall be binding on the parties successors and permitted assigns.
If any provision or part of a provision of these Terms is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from these Terms and does not affect the validity and enforceability of any remaining provisions. There is no joint venture, partnership, employment or agency relationship or other affiliation created between you and us as a result of these Terms or participation in the program or access or use of the Program Elements. You agree to execute and deliver all such further documents and instruments and do all acts and things as we may reasonably require to carry out the full intent and meaning of these Terms.
If you are not a resident of Quebec, these Terms shall be interpreted, construed and governed by the laws in force in the Province of Ontario, Canada, without reference to its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Ontario and to waive any objections based upon venue.
If you are a resident of Quebec, these Terms shall be interpreted, construed and governed by the laws in force in the Province of Quebec, Canada, without reference to its conflict of laws principles. You hereby irrevocably agree to submit to the exclusive jurisdiction of the courts of the Province of Quebec and to waive any objections based upon venue.
The following terms, in addition to any terms that by their nature are intended to survive, shall survive termination of these Terms: Cancellation Policy; Privacy Consent/Notice; Intellectual Property; Restrictions on Use of Program Elements; User Content; Acknowledgements with respect to User Content; Feedback; Disclaimer; Release & Limitation of Liability; Indemnification; Force Majeure and General.
The parties have required that these Terms and all documents relating thereto be drawn-up in English. Les parties ont demandé que cette conversion ainsi que tous les documents qui s'y rattachent soient rédigés en Anglais.
QUESTIONS
For any questions in respect of these Terms, please contact the University of Waterloo at: University of Waterloo, 200 University Avenue West, Waterloo, Ontario, Canada N2L 3G1, WatSPEED@uwaterloo.ca.