IN ACCESSING THIS WEBSITE, YOU AGREE TO THESE TERMS OF USE. “YOU” AND “YOUR” ALSO INCLUDE ANY ORGANIZATION YOU WORK FOR RESPECTING HSE INTERNATIONAL’S PRODUCTS.

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HSE International Group Limited (“HSE International”), a Canadian limited company, makes available this website including all pages, the HSE International Community Facebook and Linkedin pages, and other HSE International-linked sites (“Website”), and all content, information, services and documentation ordered or provided on or through this Website (“Content”), solely under the following terms and conditions (“Terms of Use”). HSE International is not generally authorized to enter into any binding agreements or commitments on behalf of HSE International Group Limited or any other HSE International products or services. For persons who work for an organization which has a written license agreement with HSE International (“HSE International License”): a. use of this Website and downloading and use of Products is also governed by the terms of the applicable HSE International License, all of which are incorporated by reference herein; and b. in case of express inconsistency, the terms of the HSE International License will govern and control over these Terms of Use. 

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License

 

You are granted a non-exclusive, non-transferable, revocable, limited license to access and use this Website and Content in accordance with these Terms of Use. HSE International may terminate this license at any time for any reason.

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Basic Limitations

 

The Content on this Website is limited to bona fide actual and prospective authorized users of HSE International products and related documentation (“Products”). In addition, you may not: a. decompile, reverse engineer, disassemble, rent, lease, loan, sell, sublicense, or create derivative works from this Website or the Content; b. use any network monitoring or discovery software to determine the site architecture, or extract information about usage, individual identities or users; c. use any robot, spider, other automatic software or device, or other process to monitor or copy our Website or the Content; d. use this Website to transmit any false, misleading, disparaging, fraudulent or illegal communications; e. copy, modify, reproduce, republish, distribute, display, or transmit all or any portion of this Website, except for authorized downloads of Products by parties with valid Product licenses from HSE International. You may not use or otherwise export or re-export this Website or any portion thereof, or the Content in violation of the export control laws and regulations of Canada. Any unauthorized use of this Website or its Content is prohibited.

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Interactive Areas

 

The following terms apply to interactive areas of this Website (the “Interactive Areas”), which includes, without limitation, “Ideas,” “Answers,” and “Q&A” sections, and any blogs, wikis, bulletin boards, discussion boards, chat rooms, email forums, and other interactive features: a. Postings to be in Your Name. Your Postings shall be accompanied by your real name and email address and shall not be posted anonymously, and we may require that you identify the name of the organization(s) for which you work or are affiliated. Participants in Interactive Areas shall not misrepresent their identity or employer, or their affiliation with any person or entity. b. Postings to be Lawful and Proper. Any Content you provide in Postings must be limited to relevant technical questions and information relating to the Products, services, and other appropriate Third Party Items as described below. Without limiting the generality of the foregoing, you shall not post, publish, upload or distribute any Postings which are unlawful, improper or abusive in any way, including, but not limited to, any Postings that are defamatory, libelous, disparaging, pornographic, obscene, threatening, invasive of privacy or publicity rights, inclusive of hate speech, or which would constitute or encourage a criminal offense, violate the rights of any party, or give rise to liability or violate any local, state, federal or international law, or the regulations or rules of any securities exchange, intentionally or unintentionally. c. Recommending Third Party Items; No Soliciting or Promoting For Gain. Postings should be made on a voluntary, collaborative, basis among fellow colleagues and professionals in the HSEI community without an expectation of economic gain. You may Post your own or recommend other parties’ Third Party Items and their websites if they contain helpful technical information for users of the Products, so long as you have no economic interest in and receive no direct or indirect benefit from such Posting or recommendations. In no event may any person or organization solicit anyone with information retrieved from this Website, or distribute on or through this Website or any Postings, any advertising, promotion, solicitation for goods, services or funds, or solicitation for others to become members of any organization without the express written authorization by HSE International. d. Your Obligations for Postings; No HSE International Obligation to Monitor Postings. You are required to take reasonable steps to ensure that your Postings (including your own Third Party Items) are accurate and will not contain or cause errors or problems, and to update your Postings when you learn they are inaccurate or may contain or cause errors or problems. HSE International has no obligation to monitor or screen Postings and is not responsible for the Content in such Postings or any other content linked to or from such Postings. HSE International however reserves the right, in its sole discretion, to monitor Interactive Areas, screen Postings, edit Postings, cause Postings not to be posted, published, uploaded or distributed, and delete or remove Postings, at any time and for any reason or no reason and without notice or permission. e. No Partnerships; No Liability for Third Party Items. The availability of Third Party Items on interactive areas of the website in no way implies or creates any partnership, joint venture, agency, or other relationship between HSE International and any Third Party. Third Party Items are provided on this Website by third parties over which HSE International has no control. Third Party Items may also be accessible via links or downloads from this Website, and may be referred to in other Third Party Items. HSE International disclaims all liability for any Third Party Items you may view or download from this Website or otherwise receive, or any actions you may take or refrain from taking as a result of viewing, downloading or otherwise receiving any Third Party Items. You (and your organization) are solely responsible for verifying the identity, trustworthiness and quality of the third party source and content before downloading any Third Party Items, running virus and security programs as appropriate, and performing tests and pilots before using or deploying Third Party Items. HSE International assumes no responsibility for verifying, and makes no representations or warranties regarding, the identity or trustworthiness of the source or Content of any Third Party Items. HSE International shall not be responsible for and assumes no liability for any infringement, defamation, disparagement, falsehood, or any other objectionable material contained in any Third Party Items. You understand that the information and opinions in Third Party Items are neither endorsed by nor does it reflect the belief or opinion of HSE International. Further, information and opinions provided by employees and agents of HSE International in Interactive Areas are not necessarily endorsed by HSE International and do not necessarily represent the beliefs and opinions of HSE International. As used herein, “Third Party Items” means any communications, products or other information or items provided by any third party directly or indirectly in connection with this Web site, including but not limited to third party Postings and other Content (which may include software scripts, objects, applications, programs and other items).

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HSEI Partnership Program

 

By participating in the HSEI Partnership Program you enter into this legal and binding contract as referred to as “Terms,” “Agreement,” or “Contract.” By entering into it, You acknowledge that You will have read, and have in fact read, and understand, and agree to and with all of it. The Terms apply to your access to and use of www.hseigroup.com and to HSE International’s websites (desktop and mobile) (“Website(s),” or “Site(s)”), applications, apps, and all means of written and oral communications, including emails, chats, instant messaging, and the like, and voice communications (referred to herein individually and collectively, including Websites or Sites, as “Platforms” or “Platform”). These Platforms and HSE International software are owned and/or operated by or for HSE International Group Limited., and/or one or more of its subsidiaries (“Company,” “Us,” “We,” “Our”). You accessing, or using any Services or Platform is Your agreement and is deemed to be your agreement that you have the ability to and consent to enter into contractual agreements electronically. You acknowledge that you accessing, or using any Services or Platform, including whether or not you click the “Continue Button,” constitutes your written agreement and electronic signature and your intent to be contractually and legally bound by and to the terms herein. This Agreement contains the Terms that govern your access to any Platform and the use of, and the terms and conditions upon which HSE International will provide to you certain health and safety management resources and other related services through our Platforms (collectively, the “Services,” “Platform,” or “Platforms”). This is a binding legal contract between you and the HSE International, so please read this Agreement and all related information referenced by this Agreement carefully before continuing to use any Platform, or registering for and/or using any of the Services. This Agreement is applicable to all persons, organizations, and entities, who or which use or access any Platform or Services, in their entity’s/company’s capacity or on an individual capacity, including users authorized by the employer to represent the employer, its employees, or other persons using or accessing any Platform or the Services (collectively, “User,” “User’s,” “You,” or “Your,” whether upper-case [capitalized] or lower-case). You are an individual of at least 18 years of age. If you are agreeing to this Agreement on behalf of a of any entity – including, but not limited to, a company, organization, association, or trust, for example, no matter the legal form of the entity ("entity"), you represent and warrant You are at least 18 years old, that you have authority to bind that entity to this Agreement, and your agreement to these Terms will be treated as the agreement of the entity and the entity agrees to be bound by You to the Terms. In that event, “you” and “your” refer to that entity. If you do not agree to these Terms, you may not access or use any Platform. HSE International reserves the right in its sole and unfettered discretion at any time to modify the Terms from time to time without notice to you and to impose new or additional terms or conditions on your use of Services or any Platform. HSE International may optionally notify you of any such change by sending an email message to the Administrator email address provided to HSE International upon Registration by User. Such modifications and additional terms and conditions will be effective immediately and incorporated into this Agreement. Your continued use of the Services will be deemed acceptance thereof. Except as posted by Us, including to the Websites or any Platform, the Terms will not be otherwise amended, and no terms will be waived by Us, except in a writing, hand signed by pen on paper by You and an authorized representative of Ours who intends to do so. For purposes specifically of this provision regarding any so-called amendment or waiver of the Terms, a "writing" does not include an email message, text, chat, or the like, sent from any device existing now or later developed and a signature does not include an electronic signature. For certainty, Your electronic Signature to this Agreement does constitute an electronic signature and it and this is a writing. We are not obligated to provide notice of modifications or amendment to the Terms by way of any method other than the making available or posting of the amended Terms on or through any HSE International Website(s) or Platform, and doing so without more is deemed and agreed to be sufficient notice of modifications and amendment(s). We may note on the Agreement available at or on or through Websites or Platforms, what the effective date of that version of the Terms is, and You agree that You will keep track Yourself of the effective dates of various versions of the Terms, and that We are not required to point out to You changes from version to version of the Terms. You may copy and paste each version of the Terms into a document for Your own personal retention, and You may use any variety of tools to "compare" various versions of the Terms. You should check these Terms regularly and periodically for modifications. The provisions contained herein supersede all previous notices or statements regarding our Terms with respect to any Platform. We may include the revised date and effective date of our Terms either at the top, bottom, or within the revised Terms. We encourage you to check our Websites frequently to see the current Terms in effect and any changes that may have been made to the Terms. By using any Platform following any modifications to the Terms, you agree to be bound by such modifications. Please also refer to the HSE International Privacy Policy, and any other terms accepted when Registering with HSE International, each of which are/is incorporated herein by reference. a. Use of Services/Platforms. HSE International’s service Platforms are licensed and provided to you subject to the terms and conditions, and your covenants, warranties and representations, set forth in this Agreement, and in any acknowledgment for specific Services/Platform(s). You agree that all information submitted or communicated by you to any HSE International Platform is and will be true and correct. You agree that any Platform you access constitutes confidential, proprietary, intellectual property of HSE International, that this license is revocable by HSE International at any time, and that you will not modify, reverse engineer, decompile or disassemble, or otherwise tamper with any Platform or create any derivative works or otherwise incorporate any Platform in other programs, without HSE International’s prior written consent. Any feedback, including modifications to any documents, you provide will become HSE International information and HSE International will have the royalty-free right to use and share the feedback and to create and use derivative works based on the feedback. HSE International provides you with access to and use of any Platform subject to your compliance with the Terms. No material from any Platform may be copied, reproduced, republished, uploaded, posted, transmitted or distributed in any way, except for as specifically allowed by the Terms. You grant us a non-exclusive, royalty-free license to use any feedback, content, or modification, you post on any Platform, or provide to HSE International, for any purpose, subject to the express terms of this Agreement. b. Registration. To subscribe (opt-in) to any of the Services, you must register for a HSE International account from our Platform (“Registration”). HSE International reserves the right to change account information that may be legitimately considered misleading, or false. You agree that HSE International may, without prior notice, immediately terminate, limit your access to, or suspend your account and access to any Platform or Services. Cause for such termination, limitation of access or suspension shall include, but not be limited to: (a) breach or violation of the Terms or other incorporated agreements or guidelines, (b) a request by law enforcement or other government agency, (c) discontinuance or material modification to the Services (or any part thereof), (d) unexpected technical or security issues or problems, (e) extended periods of inactivity, (f) engagement by you in fraudulent or illegal activities, (g) nonpayment of any fees owed by you in connection with the Services or your use or access to any Platform, and/or (h) participation by you in any way in any equitable or legal action or claim against the HSE International. Further, you agree that all terminations, limitations of access and suspensions, for cause or otherwise, may be made at HSE International’s sole and unfettered discretion, and that HSE International shall not be liable to you or any third-party for any termination of your account or access to the Services or any Platform. Termination of your account may include, at HSE International's sole and unfettered discretion, any or all of the following: (a) removal of access to all or part of the offerings within the Services or any Platform, (b) deletion of your password and all related information, files and content associated with or inside your account (or any part thereof), and (c) barring of further use of all or part of the Services or any Platform. Termination or suspension will terminate your access to any information of documents stored or maintained on any Platform. You may terminate your HSE International account and terminate access to the Services and any information and documents by contacting support@hseigroup.com. c. Services. After Registration has been completed, HSE International will provide you Services and access to and use of the Platforms for the purpose of recording, creating, and monitoring company health and safety performance, improvement plans, corrective action reporting, orientation, and/or training employees at your decision and discretion for the period of time provided in your Registration ordering and activation terms.  Depending on the type of Services you request and HSE International agrees to provide, HSE International may require you to agree to additional terms and conditions and complete and sign additional forms or authorizations that HSE International provides to you, as required by law, or otherwise required by HSE International in its sole and unfettered discretion to provide the Services and access to and use of any Platform. You give HSE International permission to obtain, verify, and record information that identifies the individual who opens an account by Registration, or accesses the Services or any Platform. HSE International may ask for your legal name, email address, and other information that may allow us to identify you. HSE International may, at its sole and unfettered discretion, decline to offer the Services to you for any reason at any time, including in the event that the Registration enrollment process is not satisfactorily completed, HSE International is unable to verify the legitimacy of your business and/or your principals and/or for other lawful business reasons. The Services and access to and use of any Platforms provided will be based on and is dependent upon information provided to HSE International by User. In performing or providing the Services and access to and use of any Platforms, you acknowledge and agree that HSE International is not acting in a fiduciary or lawyer capacity for you and/or your business and using the Services does not relieve you of your obligations under federal, state, provincial, municipal, or local laws or regulations to have and retain records relating to employees and data about your business and employees contained in HSE International’s files. d. Termination of Services. We reserve the right, for any reason, in our sole and unfettered discretion and without notice to you, to terminate, change, suspend or discontinue any aspect of the Services or any Platform, including, but not limited to, information, data, text, music, sound, photographs, graphics, video, messages or other materials (“Content”), features, and/or hours of availability, and we will not be liable to you or to any third party for doing so. We may also impose rules for and limits on use of any Platform or restrict your access to part, or all, of any Platform without notice, damages, claims, or penalty. We have the right to change these Terms, rules and/or limitations at any time, in our sole and unfettered discretion. e. Prohibited Uses of Services. Each Platform may be used only for lawful purposes by individuals using authorized Services of the HSE International. You are responsible for your own communications, including the upload, transmission and posting of information, and are responsible for the consequences of their posting on or through any Platform or your providing same to HSE International. HSE International specifically prohibits any of the following uses of each Platform, and all Users agree not to use any Platform for any of the following: (a) Use the Services or any Platform other than as authorized in this Agreement; (b) Use any device, software, or routine that interferes with any application, function, or use of the Services or any Platform, or is intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data, or communication; (c) Resell, sublicense, time-share, or otherwise share the Services or any Platform with any third party; (d) Frame or mirror the Services or any Platform; (e) Decompile, disassemble or reverse-engineer the underlying software or application that is part of the Services or any Platform or otherwise attempt to derive its source code; (f) Use the Services or any Platform either directly or indirectly to support any activity that is illegal, improper, unethical, or immoral; (g) Access or scrape the Services or any Platform for purposes of monitoring its availability, performance or functionality, or for any other benchmarking or competitive purposes; (h) Authorize any third parties to do any of the above; (i) Posting or providing any content or information which is incomplete, false, inaccurate or not your own; (j) Impersonating another person or entity; (k) Constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability, or otherwise violate any municipal, local, city, state, provincial, national or international law or regulation or which fails to comply with accepted Internet protocol; (l) Posting or providing material that is copyrighted or otherwise owned by a third party unless you are the copyright owner or have the permission of the owner to post or provide it to HSE International; (m) Posting or providing material that reveals trade secrets, unless you own them or have the permission of the owner; (n) Posting or providing material that infringes on any other intellectual property, privacy or publicity right of another; (o) Transmitting or transferring (by any means) information or software derived from the site to foreign countries or certain foreign nations in violation of Canadian and US export control laws; (p) Attempting to interfere in any way with any Platform’s or HSE International’s networks or network security, or attempting to use the Services or any Platform to gain unauthorized access to any other computer system. Such usage may result in Users being subjected to additional criminal or civil liability, depending on jurisdiction. f. Limitations on Usage. HSE International provides the Services on a limited basis that permits reasonable usage of the Services by you. HSE International may choose at any time to modify and/or enforce such limitations at its sole and unfettered discretion. Reasonable usage may be defined as the average reasonable User usage levels of any Services or features, the usage limits explicitly communicated at or after the time of purchase/Registration, or HSE International’s own determined levels of usage. HSE International reserves the right in its sole and unfettered discretion to terminate any Services, change packaging and pricing, or otherwise take any action as necessary to prevent customer abuse and/or inappropriate or unauthorized use of Services. You acknowledge that HSE International may establish or impose practices and limits concerning use of the Services, including without limitation, the maximum number of days, incident reports, warnings, and performance improvement plans are retained. You agree that HSE International has no responsibility or liability for the deletion or failure to store any incident reports, warnings, performance improvement plans, or any other communications. You acknowledge that HSE International has the right to log off accounts that are inactive for an extended period of time, as well as to remove or delete all communications, documents, and information associated with those accounts, such as but not limited to incident reports, warnings, performance improvement plans, employee lists, employee details, and settings. HSE International considers any account to be inactive if it does not have a record of at least one the following activities within a 180-day period: (a) a customer login and/or active session for that account or (b) a payment to the account. g. User Accounts/Administrator Accounts. You will designate and authorize either yourself and/or one or more individual Users of the Service with authority to act on your behalf and to bind you and/or your business (each a “User”), who may access the Services by entering a confidential user ID and password created by following the instructions provided via any Platform and which will entitle them, depending on their designation and permissions given, to have authority to access, review, and/or modify on your behalf. You will, and will cause your authorized Users to, take reasonable steps to maintain the confidentiality of the authorization procedures and the user IDs and passwords and related instructions provided by HSE International, and in accordance with HSE International’s Privacy Policy. If you believe or suspect that any such user IDs and passwords or related instructions have been known or accessed by unauthorized persons, you will immediately notify HSE International in a manner affording HSE International a reasonable opportunity to act on the information, and you acknowledge that failure to immediately notify HSE International could result in unauthorized access to confidential information concerning you and your employees. HSE International reserves the right to prevent access to the Service should HSE International have reason to believe the confidentiality of the security procedure or the confidentiality of the user IDs and passwords may have been compromised. You are responsible for any actions taken on any Platform by your User and/or any other authorized Users, and for any transactions resulting from your failure to maintain the confidentiality of your account. You agree that the provision of a user ID and password by you, your User and/or any other authorized Users, will have the same effect as providing a written signature authorizing performance improvement plans and other Services on any Platform. h. Fees and Payment. Services may be offered on a per-Service or bundled offering. All prices, discounts, and promotions posted on the Platform are subject to change without notice. The fees charged for the Service will be the price in effect at the time of the order, where applicable. Posted fee increases will only apply to orders placed after such changes, or as permitted for renewing and subsequent subscription terms. Changes to fees will not apply retroactively and will only apply after the conclusion of Customer’s then-current subscription term. If Customer does not agree with the changes to the fees then Customer may elect not to renew the Services. HSE International strives to display accurate price information, however HSE International may, on occasion, make inadvertent typographical errors, inaccuracies, or omissions related to pricing and availability. HSE International reserves the right to correct any errors, inaccuracies, or omissions at any time and to cancel any orders arising from such occurrences. Customer agrees to pay HSE International all fees for access to the Services. All fees will be billed and paid in Canadian currency in accordance with HSE International's current billing policies. Unless otherwise stated at the time of order, all fees will be charged to (and Customer hereby authorizes the charge of) the then-current credit card on file for the subscription and any renewals. Unless otherwise stated herein, all fees are non-cancellable and non-refundable (including for partial use of the Services, suspension of an account and/or upon termination of these Terms). Until all Fees are paid in full, all past due amounts will bear an additional charge of the lessor of 1.5% per month or the maximum amount permitted under applicable Law. If HSE International requires the use of collection agencies, attorneys or courts of law for collection of any Fees, Customer shall be responsible for paying those fees and costs. For Services subject to Usage Specifications related to User or employee quantities (e.g. tiered Fees for a Service based on the quantity of Customer employees), if during the Subscription Term, Customer’s usage or Customer Content indicates that an elevation of tier has occurred, Customer agrees to pay HSE International the Fees for the elevated tier. Any associated pricing change will be effective the following calendar day and: (a) for monthly Subscription Terms, a pro-rated fee for the remainder of the current monthly billing period on the elevated tier will be charged to the payment method on file and the subscription will renew at the elevated tier at the start of the next monthly billing cycle; (b) for annual Subscription Terms, a pro-rated fee for the remainder of the current annual billing period on the elevated tier will be charged to the payment method on file and the subscription will renew at the elevated tier at the start of the next annual billing cycle. Customer will keep its contact information, billing Information, and credit card information (where applicable) up to date. Changes may be made on your billing page on the Customer Account. i. Subscription Cancellation. You may cancel a monthly subscription at any time. However, such cancellation is effective at the end of the applicable subscription period. Please make any such cancellation by emailing support@hseigroup.com. You must cancel your subscription before it renews in order to avoid billing of the next month’s subscription fee to the Payment Method you provided. Refunds cannot be claimed for any partial-month subscription period. You will continue to have access to the Platform and Services for the remaining period of your monthly subscription. You may cancel an annual subscription at any time. However, such cancellation is effective at the end of the applicable annual period. You must cancel your subscription before it renews in order to avoid billing of the renewal subscription fee to the Payment Method You provided. Refunds cannot be claimed for any partial subscription period. You will continue to have access to the Platform and Services for the remaining period of your annual subscription. You may cancel your monthly or annual subscription for a full refund of your subscription fee within 30 days of purchasing a new subscription only if no services or audit have been provided. One time setup fees may also be refundable during the 30 day timeframe only if no services or audit have been provided. Refunds are only available to customers with new subscriptions and do not apply to renewing subscriptions that must be canceled prior to the renewal date. The 30 Day Refund Policy does not apply to customers that join on a Free Trial subscription. Free Trial subscriptions must be canceled before the trial period ends to avoid being billed.

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Virtual and Online Training

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The following terms apply to virtual and online training areas of this Website (the “Virtual and Online Training”), which includes, without limitation, any training or course accessed through this website either directly from HSE International or via a third party. a Bookings. Please ensure that you have read, understood and accepted the conditions of booking before you submit a course booking. By placing a booking, you will be deemed to have read, understood and accepted these terms and conditions, therefore entering into a contract. When booking via our website, payment can be made immediately by Credit/Debit Card. You can also select the invoice option for other payment methods. If you are paying via invoice, your booking is then classed as a confirmed booking and terms and conditions herein apply. Although your booking will be classed as confirmed, your place on the course selected will be provisional until full payment has been received. b Payment. Full payment must be received at least three (3) weeks before the course start date. If payment has not been received within this timeframe, login details for the virtual course will not be provided and you may forfeit your place on the course. Payment can be made by Credit/Debit card at the time of booking, or you can select Invoice payment. HSE International reserves the right to refuse course participation if payment has not been received within 3 weeks prior to the course date and our Cancellation Policy shall apply. c Transferring from virtual to in-house training. All transfers must be confirmed in writing via email to training@hseigroup.com within 14 days prior to the start of the virtual or online course. All transfers to a in-house or face-to-face learning courses will be subject to availability and an additional charge will be incurred. HSE International reserves the right to refuse changes to the agreed timings should these be made after the initial agreement has been entered into. Participants joining a training session late or leaving early will not be entitled to a transfer. d Cancellation Policy. All cancellations must be confirmed in writing and emailed to training@hseigroup.com within 48 hours prior to the start of the course. Any cancellations within that time frame are subject to a 50% service fee. Cancellations made on the day of the course forfeit 100% of the course costs. Participants joining a training session late or leaving early will not be entitled to a refund. e No-show Policy. Where HSE International does not receive a cancellation notice from the client before the course start date, and the participant does not attend the training, no refund of the course fee will be made. The option to transfer is not available and a new course booking will need to be made and paid for. f Technical issues policy. It is the client's responsibility to ensure that the participant(s) has suitable software, hardware and connectivity to join the session without issues. The trainer will allow time at the beginning of the session to talk participants through the practical elements of using the virtual learning platform and participants are encouraged to join the session ahead of the start time to ensure connectivity, sound and video are working correctly. Should a participant be unable to continue with a session due to personal or technical capability issues, the virtual learning session will continue for other participants and no refund will be provided. Should the HSE International trainer experience technical difficulties that seriously impact on the quality of the session for participants, an alternative session will be arranged. g Substitution Policy. Only those participants registered for the course will be permitted access. The access link and password should not be shared with other colleagues without confirming a substitution with HSE International in writing. HSE International reserves the right to refuse access to the virtual learning course to any unregistered/unconfirmed participants. A substitute can be provided up to 24 hours before the course at no extra charge but must have the necessary pre-requisites in order to attend the course. Only 1 substitution can be made per booking. Details of the change in participants must be sent in writing to training@hseigroup.com. h Refunds. HSE International will refund fees paid in accordance with

section d. If payment was made by credit/debit card, any refund due will be made back to the same card, minus any card charges incurred by HSE International. If payment was made by another method, the refund will be made by bank transfer. i Cancellation/Alterations to Course Contents, Dates, Fees or Trainer. HSE International reserves the right to alter or cancel courses without liability. We undertake to provide reasonable notice of any change or cancellation except in the case of an emergency. In the rare event of HSE International cancelling a course, and where an alternative cannot be provided, the booker will be entitled to a refund of fees paid to HSE International (or keep a course credit on their account), but shall not otherwise be entitled to compensation, costs or damages arising from such a cancellation or change. We will do our utmost to accommodate participants on to a suitable alternative course/date. HSE International reserves the right to provide a substitute trainer without notice. HSE International seeks to ensure that the course contents are continually reviewed and kept up to date. This may result in some alterations to the published contents. HSE International reserves the right to make amendments to published course contents without notice. All fees are subject to change and can be altered at any time prior to booking. j Course materials. Course materials provided before, during or after the virtual learning session remain the intellectual property of HSE International and are copyrighted. Materials are not to be reprinted, adapted, reused or shared without express permission of HSE International. k Special Offers and Discounts. Only one Special Offer or Discount can be used per course. Discounts and Special Offers are at the discretion of HSE International and can be withdrawn at any time. l Certificates. Replacement certificates for attendance on a course, will be subject to a service fee of $25 CAD.

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Intellectual Property Rights, Including Postings and Content

 

a. Except as expressly provided in these Terms of Use, nothing contained herein shall be construed as conferring on you or any third party any license or right, by implication, estoppel or otherwise, under any law (whether common law or statutory law), rule or regulation including, without limitation copyrights or other intellectual property rights. You agree that the Content and Website are protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. No part of the design or materials, including text, graphics, images, logos, sound files, software, photographs, and videos, available in any Content on this Web site may be copied, reproduced, translated or reduced to any electronic medium or machine-readable form, in whole or in part, without specific written permission. b. HSE International hereby grants to you a limited, revocable, non-exclusive license to use and make derivative works of any HSE International Content that is available for download from the Website (“Downloadable Content”). Downloadable HSE International Content may only be used for your own personal and commercial use, and may not be redistributed without HSE International’s prior express written permission. Under no circumstances shall the limited license contained in this section be construed to transfer any intellectual property rights contained within the HSE International Downloadable Content or the Website. c. HSE International may display the trademarked names and logos of third parties on the website to the extent authorized to do so. By displaying such items, HSE International is not endorsing or recommending such parties’ products or services. Each such party retains ownership of its trademarks and other intellectual property, and any other party that infringes or violates such trademarks or rights is subject to all legal remedies.

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Copyright Act – Notification of Alleged Copyright Infringement

 

HSE International is registered with the Canadian Copyright Office and in accordance with the terms of the Copyright Act (the “Act”) avails itself of the protections under the Act. HSE International reserves the right to remove any Content that allegedly infringes another person’s copyright. HSE International will terminate, in appropriate circumstances, access to this Website to repeat infringers of another person’s copyright. Notices to HSE International regarding any alleged copyright infringement should be directed to webmaster@hseigroup.com or via mail or courier to HSE International, PO Box 24078, Windermere PO, Edmonton, Alberta, T6W2W2. You are required to include: an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest; a description of the copyrighted work that you claim has been infringed; a description of where the material that you claim is infringing is located on the Website; 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 owner’s behalf.

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Links

 

HSE International prohibits the use of HSE International' trademarks as a "link" on or to any other Website unless HSE International has approved the link in writing in advance.

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No Partnerships

 

The parties who are referred to as “Partners” herein or on HSE International’s websites are NOT partners of HSE International in any legal sense, and instead through the purchase of the HSEI Partnership Program have an monthly or annual membership subscription that awards the client with certain entitlements to HSE International’s products and services. Neither the use of the term “partners” nor the actions of any party, nor any statements regarding “partners” or a “partnership” herein or on HSE International’s websites, in its marketing materials or other documentation, or made in any communications between any parties shall be interpreted as creating an actual or implied partnership, joint venture, agency or other relationship.

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Any purchase of a Partnership Package through this website is subject to this policy and the HSEI Partnership Program Terms and Conditions. You can view the HSEI Partnership Program Terms and Conditions here.

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Disclaimer

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This website, the interactive areas, the content, and postings are provided on an “as is, as available” basis. HSE International does not represent or warrant that this website or the content or postings will be error-free, free of viruses or other harmful components, or that defects will be corrected or that it will always be accessible. HSE International does not warrant or represent that the content or postings available on or through this website will be correct, accurate, timely, or otherwise reliable. HSE International may make improvements and/or changes to its features, functionality or content or postings at any time. HSE International, for itself and its licensors and suppliers, expressly disclaims all warranties, including the warranties of merchantability, fitness for a particular purpose and non-infringement. HSE International disclaims all responsibility for any loss, injury, claim, liability, or damage of any kind resulting from, arising out of or any way related to a. Any errors in or omissions from this website, the interactive areas, the content, and the postings including, but not limited to, technical inaccuracies and typographical errors, b. Third party items, c. Any third-party websites or content therein directly or indirectly accessed through links in this website, including but not limited to any errors in or omissions therefrom, d. The unavailability of this website, the interactive areas, the content, the postings, or any portion thereof, e. Your use of this website, the interactive areas, the content, or the postings, or f. Your use of any equipment or software in connection with this website, the interactive areas, content, or postings.

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Limitation of Liability and Damages

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HSE International and its licensors and suppliers shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting from use of this website, the content, the postings, the interactive areas, any facts or opinions appearing on or through an interactive area, or any third party items. HSE International shall not be liable for any special, direct, indirect, incidental, punitive or consequential damages of any kind whatsoever (including, without limitation, attorneys’ fees) in any way due to, resulting from, or arising in connection with the use of or inability to use this website, the interactive areas, the content, the postings, or any third party items. To the extent the foregoing limitation of liability is prohibited or fails of its essential purpose, HSE International’s sole obligation for damages to you or your organization or any other party claiming by or through you shall be limited to $1,000 in the aggregate. In no event will our (company and its affiliates', contractors', employees', agents', attorneys', or third-party partners', licensees, licensors', or suppliers') total liability to you for all damages, losses, claims, and causes of action arising out of or relating to this terms, or your accessing or using the site, program, platform, service, or reference site/program, or your interaction with other users (whether in contract, tort including negligence, warranty, or otherwise), exceed the amount paid by you, if any, for accessing or using any program, site, platform, or service, during the twelve (12) months immediately preceding the date of the claim or one hundred dollars ($100.00), whichever is greater. The liabilities limited by this section include, without limitation, liability for negligence. These limitations of damages also apply with respect to damages incurred by you by reason of any use of any site, platform, content, program, products, or services licensed, sold, or provided on any platform, reference site / program or otherwise by third parties and received through or advertised on any site, program, platform, service, or content, or received through any reference site / program. The limitations or exclusions of warranties, remedies, or liability contained in the terms apply to you to the fullest extent such limitations or exclusions are permitted under the laws of the jurisdiction where you reside, if the laws of the jurisdiction where you reside apply at all. Certain jurisdictions may not allow limitations on implied warranties or the exclusion or limitation of certain damages. If you reside is such a jurisdiction, some or all of the disclaimers, exclusions, or limitations may not apply to you, and you may have additional rights, though it is our position that since the laws of Canada govern these terms, the laws of the jurisdiction where you reside do not apply. You agree that the foregoing does not give you any right to assert, and you will not assert, that the laws of the jurisdiction where you reside apply or that the venue for any such claims should be in such jurisdiction.

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Indemnification

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You agree to indemnify, defend, save, and hold harmless HSE International, its affiliated companies, its subsidiaries, affiliates, contractors, employees, officers, principals, directors, licensees, licensors, attorneys, agents, assigns, grantees, successors, and their suppliers, licensees, licensors, and partners, (collectively “Releasees”), from any claims, causes of action, losses, damages, liabilities, including legal fees and expenses, arising out of this Agreement, including Your accessing or using any Platform or Service, Your use or misuse of any Program or HSE International Sites, Platform, Service, any violation by You of any term of this Terms, or any breach of any of the representations, warranties, promises, or covenants made by You herein. HSE International reserves the right, at Your expense, to assume the exclusive defense and control of any matter for which You are required to indemnify, defend, or hold harmless HSE International, and You agree to cooperate with HSE International's defense of these claims. HSE International will use reasonable efforts to notify You of any such claim, action, or proceeding upon becoming aware of it. Users and Third Party Business Partners are responsible for their acts and omissions and anything placed on or made available through any HSE International Platform. In the event that You have a dispute with or claim against one or more Users or Third Party Business Partners, You release HSE International (and, as usual, our subsidiaries, officers, directors, shareholders, employees, agents, joint ventures, licensees, licensors, consultants, successors and assigns) from any and all claims, demands and damages (actual and consequential) of every kind and nature, known and unknown, suspected and unsuspected, disclosed and undisclosed, arising out of or in any way connected with such disputes. You also hereby release, discharge and hold harmless the Releasees from and against any and all claims, whether at law or in equity, that You may have at any time (whether or not You are aware of any such claims), including claims for breach of contract, infliction of emotional distress, defamation, false light, common law or statutory misappropriation, invasion or other violations of any actual or purported right of privacy and/or publicity, and claims under equivalent federal, provincial, or state laws arising from this Agreement, including Your accessing or using any Platform or Service (collectively, the “Released Claims”). The Released Claims include any claim relating to, arising from or in connection with any use, exploitation or exercise of any right(s) granted hereunder. You understand and agree that all rights You may have under the Canadian Civil Code and any similar law of any country, any similar federal law, or any similar common law or principle of similar effect, are hereby expressly waived. You acknowledge that You may hereafter discover claims in addition to the ones released in this agreement, and You hereby expressly release Releasees from any such unknown and/or unsuspected claims and Released Claims. You acknowledge that, in the event of a breach of this agreement by HSE International or any third party, the damage, if any, caused to You thereby will not be irreparable or otherwise sufficient to entitle You to seek or obtain injunctive or other equitable relief. You acknowledge that Your rights and remedies in any such event will be strictly limited to the right, if any, to recover damages in an action at law, and You will not have the right to enjoin HSE International, nor to revoke or otherwise impair any of the rights granted to HSE International herein. You and we agree that any claim or cause of action arising out of or related to your accessing or using any platform or service, the terms, except for our rights to seek indemnification, defense, and to be held harmless, must commence within one (1) year after the claim or cause of action accrues. Otherwise, such claim or cause of action is permanently barred.

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Third Party Rights

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The provisions of paragraphs 9 (Disclaimer), 10 (Limitation of Liability), and 11 (Indemnification) are for the benefit of HSE International and its officers, directors, employees, agents, licensors, suppliers, and any third party information providers to this Website. Each of these individuals or entities shall have the right to assert and enforce those provisions directly against you on its own behalf.

 

Remedies

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HSE International may take legal action against anyone violating these Terms of Use, may refer the matter to the appropriate authorities for prosecution. HSE International may also block access from a particular internet address to this Website and any other HSE International websites and their features. Without limiting the generality of the foregoing, HSE International’s Products are protected by the Canadian Copyright Act of 1985, c. C-42. Part 1 et seq., as amended, violations of which can be subject to civil damages of as much as $20,000 per violation, and criminal penalties, including fines and possible imprisonment. Unauthorized access and other actions respecting HSE International’s Products may also violate the Canadian Criminal Code, c. C-46. Part 9 et seq., as amended, violations of which can be subject to civil damages and criminal penalties. Your only remedy with respect to any breach by Us of any term in this Terms, Our Privacy Policy, violation of any right or law, or dissatisfaction with anything in connection with this Agreement, including (i) any Sites, Program, Platform, Service, Reference Sites/Program, Compiler, licenses, licensor or Third Party Vendor, (ii) any term of this Terms, (iii) any policy or practice of Company, or any Reference Sites/Program, Compiler, licenses, licensor or Third Party Vendor in operating any Sites, Program, Platform, or Service, is terminate Your account and discontinue accessing or using any and all of the foregoing (including any Program, Sites, Platform, Service, Reference Site/Program, or Third Party Vendor).

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Governing Law and Jurisdiction

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HSE International operates from its headquarters in Alberta, Canada, and a Program, Site, Platform, or Service may not be appropriate or available for use in other locations. If You access or use any Program, Site, Platform, or Service outside Canada, You are responsible for following applicable local laws, regulations, directives, etc. These Terms of Use are governed by and construed in accordance with the applicable federal laws of Canada and any action arising out of or relating to these terms shall be filed only in provincial or federal courts located in Edmonton, Alberta and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.

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Privacy

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Your use of this Website is subject to HSE International’s Privacy Policy. You can view the policy here.

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Severability of Provisions

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These Terms of Use incorporate by reference any notices contained on this Website, the Privacy Policy and the HSE International License and constitute the entire agreement with respect to access to and use of this Website, the Interactive Areas, and the Content and Postings. If any provision of these Terms of Use is unlawful, void or unenforceable, or conflicts with the HSE International License then that provision shall be deemed severable from the remaining provisions.

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Security

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We take precautions to protect your information. When you submit sensitive information via the website, your information is protected both online and offline. Sensitive information (such as credit card data), is encrypted and transmitted in a secure way to the third party merchant - either Square, PayPal, or Sezzle - and therefore bypasses HSE International preventing any confidential information being collected. You can verify this by looking for a lock icon in the address bar and looking for "https" at the beginning of the address of the Web page. While we use encryption to protect sensitive information transmitted online, we also protect your information offline. Only employees who need the information to perform a specific job are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.

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Dispute Resolution

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These Terms and any additional terms referenced in this Terms, including the Privacy Policy, and the relationship and agreement between You and HSE International (including any claim or dispute that has arisen or may arise between You and HSE International), except to the extent inconsistent with or preempted by Canadian federal law, are and will be governed by the laws of the province of Alberta, Canada without regard to principles of conflict of laws, and without giving effect to any principles that may provide for the application of the law of another jurisdiction. The United Nations Convention on Contracts for the International Sale of Goods does not apply to the Platforms or Services.

You agree to submit to the personal jurisdiction of the provincial courts and federal courts located within Edmonton, Alberta, U.S.A. for the purpose of arbitrating, (or litigating, if later agreed and allowed,) all claims or disputes arising from or related to this Terms, or any additional terms referenced in this Terms, including the Privacy Policy.

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