You agree to comply with all listed policies when accessing or using any of ENCADE’s websites and services.
This policy is effective as of January 1, 2021.
© 2021 ENCADE Corporation. All rights reserved
These terms and the other policies posted on the Services constitute the entire agreement between us and you, superseding any prior agreements. This agreement is governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. We both submit to the jurisdiction of the courts of the Province of Ontario. This will not affect your statutory rights if you are a consumer and applicable consumer law requires application of another law for certain topics. If we don't enforce any particular provision, we are not waiving our right to do so later. If a court strikes down any of these terms, the remaining terms will survive. We may automatically assign this agreement in our sole discretion in accordance with the notice provision below (our assignment to an affiliate will not require notice). Except for notices relating to illegal or infringing content, your notices to us must be sent by registered mail to:
ENCADE Corporation. 2175 Blue Willow Cres, Ottawa, ON, K1W 1K7. Canada.
We will send notices to you via the email address you provide, or by registered mail. Notices sent by registered mail will be deemed received ten days following the date of mailing. We may update this agreement at any time, with updates taking effect when you next use the site or after 30 days, whichever is sooner. Send questions, comments or complaints to the Support page.
Any participation in this service will constitute acceptance of this Agreement. We may update this Agreement in the future without notice other than posting the updated Agreement, and you will be accessing the most current version of this Agreement.
When referring to ENCADE Websites, Platform, and services in this document that include the following and their own related services:
- ENCADE Website: www.encade.org
- IVWM Website: www.ivwm.org including:
- IVWM Library of Knowledge Website
- IVWM Assessment Platforms
- IVWM Community Website
- IVWM Store
- ENCADE's Virtual Enablement Website and Platform: www.virtualEnablement.com
By using any system or website that is provided by ENCADE Corporation, you signify that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of Canada or other applicable jurisdiction.
You understand that all information or other materials -contents- are the person's sole responsibility from whom such content has originated. You agree that you are accountable for your own conduct and any content created, communicated, or displayed by you while using any of ENCADE websites, platforms, and services and for any consequences thereof. You agree to use ENCADE websites, platforms, and services only for legal, proper, and per this Agreement. You will not participate in any activity that interferes with or disrupts ENCADE services or servers connected to ENCADE services.
To report any activity or content that may violate this Agreement, please contact us through the Support page.
Unofficial and unauthorized attempts to upload information or change information on ENCADE websites, platforms, and services without prior authorization are strictly prohibited. They may be punishable under the Computer Fraud and Abuse Act. Information may also be used for authorized law enforcement investigations. In addition to this Agreement, your use of ENCADE systems and services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this Agreement.
Using the Services. In the provided group chat, community pages, and in pages that provide a posting feature, you will not do any of the following bad things:
- violate any laws;
- be false or misleading;
- infringe any third-party right;
- distribute or contain spam, chain letters, or pyramid schemes;
- distribute viruses or any other technologies that may harm ENCADE or the interests or property of ENCADE users;
- impose an unreasonable load on our infrastructure or interfere with the proper working of the ENCADE;
- copy, modify, or distribute any other person's content;
- use any robot, spider, scraper or other automated means to access ENCADE and collect content for any purpose without our express written permission;
- harvest or otherwise collect information about others, including email addresses, without their consent;
- bypass measures used to prevent or restrict access to ENCADE.
The Services contains stuff from us, you, and other users (as well as from our third party service providers). You agree not to copy, modify, resell or distribute the Services, our copyrights or trademarks. When you give us content, you are granting us a non-exclusive, worldwide, perpetual, irrevocable, royalty-free, sub-licensable right to exercise the copyright, publicity, and database rights to that content. If you believe that your rights have been violated, please notify us through the Support page and we will investigate the matter. We reserve the right to remove content where we have grounds for suspecting the violation of these terms or the rights of any other party.
Abusing ENCADE Services:
Please use the Support page to tell us about any problems or offensive content so that together we can keep the Services site working properly. We may limit or terminate our Services, remove hosted content and take technical and legal steps to keep users off ENCADE if we think that they are creating problems or acting inconsistently with the letter or spirit of our policies. However, whether we decide to take any of these steps, remove hosted content or keep a user off ENCADE or not, we do not accept any liability for monitoring ENCADE or for unauthorized or unlawful content on ENCADE or use of ENCADE by users.
Description of products
- ENCADE products and services:
The listed products and services in our store are briefly explained. Each listed product and service in the store is provided with a link to the detailed product page on the related website (If applicable). Before ordering, we advise you to visit the detailed product page that elaborates more on the product and service listed in the store. Each product and service come with specific terms and conditions, however the below terms applies to all ENCADE products listed in the store:
- The product key is pre-paid and non-refundable.
- The validity is 1 year from the issued date.
- Expiration dates cannot be extended; the session key must be utilized during the validity period.
- The session key can be used once only.
- During the validity period, if ENCADE decides to cancel the purchased product, the value of the product will be credited under your account to be used to buy other products/services.
- The product key is not redeemed for cash, credit, or refunded.
- Prices listed in the store are subject to change without notice.
Apparel and Wear products fulfilled by Printful:
We always try to represent each design as accurately as possible via photography with what we consider the best design combined with best performance. Before ordering, we invite you to have a close look at the Product description and design. We use our best efforts to provide you with the best images and descriptions, but unfortunately cannot guarantee that colors and details in website images are 100% accurate representations of the product, and sizes might in some cases be approximate.
Some of our platform’s features are generally free. We may charge fees for certain Services or features. If the service you use charges a fee, you will need to buy the right of access in ENCADE store, you will be able to review and accept that charge. Our fees are quoted in Canadian Dollars, and we may change them from time to time. We may choose to temporarily change our fees for promotional events or new services; these changes are effective when we announce the promotional event or new service. Our fees are non-refundable, and you are responsible for paying them when they're due. If you don't, we may limit your ability to use the Services.
Canadian taxes associated with our Services will be collected when applicable. You agree to provide accurate address information necessary for ENCADE to comply with its obligations under applicable law. To the extent that such information is not provided, ENCADE will in its discretion determine and collect appropriate taxes.
The Services are provided “as is” and “as available”. You agree not to hold us responsible for things other users post or do. You also agree not to hold us responsible for the payment processing of other service providers. For greater certainty, as applicable, if you link a Third Party Payment Processor account to your ENCADE Account, you acknowledge and agree that by making payments through ENCADE with that Third Party Payment Processor, you are bound by that Third Party Payment Processor’s applicable terms and conditions, and we are not liable for any loss, claims or damages howsoever arising in connection with that third party’s services). As most of the stuff on the Services comes from other users, we do not guarantee the accuracy, completeness, efficacy or timeliness of any postings or user communications or the quality, safety, or legality of what is offered. We also cannot guarantee continuous or secure access to our Services. Notification functionality in our Services may not occur in real time. Such functionality is subject to delays beyond our control, including without limitation, delays or latency due to your physical location or your wireless data service provider’s network. Accordingly, to the extent legally permitted we expressly disclaim all warranties, representations and conditions, express or implied, including those of quality, merchantability, merchantable quality, durability, fitness for a particular purpose and those arising by statute. We are not liable for any loss, whether of money (including profit), goodwill, or reputation, or any special, indirect, or consequential damages arising out of your use of ENCADE products and services, even if you advise us or we could reasonably foresee the possibility of any such damage occurring. Some jurisdictions do not allow the disclaimer of warranties or exclusion of damages, so such disclaimers and exclusions may not apply to you.
Despite the previous paragraph, if we are found to be liable, our liability to you or any third party (whether in contract, tort, negligence, strict liability in tort, by statute or otherwise) is limited to the greater of the total fees you pay to us in the 12 months prior to the action giving rise to liability.
You will indemnify and hold harmless ENCADE and its affiliates and our and their respective officers, directors, agents and employees (each an “Indemnified Party”), from any claim made by any third party, together with any amounts payable to the third party whether in settlement or as may otherwise be awarded, and reasonable legal costs incurred by any of the Indemnified Parties, arising from or relating to your use of the Services, any alleged violation by you of the applicable terms, and any alleged violation by you of any applicable law or regulation. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter subject to indemnification by you, but doing so will not excuse your indemnity obligations.
DISCLAIMER OF WARRANTIES
YOU EXPLICITLY UNDERSTAND AND AGREE THAT:
Your use of the ENCADE websites, platforms, and services is at your sole risk. You should not submit content without maintaining a copy of such content in another location, as the content may be erased, removed, or corrupted at any time with no liability to ENCADE. ENCADE systems and services are provided on an "as is" and "as available" basis
ENCADE does not warrant that (i) ENCADE websites, platforms, and services will meet your requirements, (ii) ENCADE websites, platforms, and services will be uninterrupted, timely, secure, or error-free, (iii) The results that may be obtained from the use of ENCADE websites, platforms, and services will be accurate or reliable, (iv) The quality of any products, services, information, or other material obtained through ENCADE websites, platforms, and services will meet your expectations, and (V) Any errors in the service will be corrected.
ENCADE provides ENCADE websites, platforms, and services as a convenience to court reporting agencies for managing their account with ENCADE and accessing other services. To the maximum extent permitted by law, ENCADE expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to, the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
Because ENCADE has no control over the materials and information submitted by ENCADE websites, platforms, and services users, ENCADE makes no warranty, expressed or implied, as to the accuracy of these materials. It is solely the responsibility of the persons using the site to provide and maintain the accuracy of these materials and to monitor their use. ENCADE shall not, directly or indirectly, be liable, in any way, to the user or any other person for the use of this service or any content received through this service, or for any inaccuracies, errors in or omissions from the content provided by other users.
No advice or information, whether oral or written, is obtained by you from ENCADE or through or from ENCADE websites, platforms, and services shall create any warranty not expressly stated in this Agreement.
LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT ENCADE SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT ALSO NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, USE, DATA, GOODWILL OR OTHER INTANGIBLE LOSSES (EVEN IF ENCADE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE ENCADE CUSTOMER PORTAL; (ii) THE COST OF PROCUREMENT OF ADDITIONAL GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM ENCADE SYSTEMS AND SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON ENCADE SYSTEMS AND SERVICES; OR (v) ANY OTHER MATTER RELATING TO ENCADE SYSTEMS AND SERVICES.
EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 11 AND 12 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU, AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
NO THIRD-PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Agreement, there shall be no third-party beneficiaries to this Agreement.
You agree that ENCADE may give you notices, including regarding amendments to this Agreement, by email or postings on ENCADE websites, platforms, and services.
Choice of Law and Forum
This Agreement and the relationship between you and ENCADE shall be governed by the laws of the province of Ontario without regard to its conflict of law provisions. You and ENCADE agree to submit to the personal and exclusive jurisdiction of the courts located within the province of Ontario, CANADA
Waiver and Severability of Terms
The failure of ENCADE to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision. If any provision of this Agreement is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of this Agreement remain in full force and effect.
Law of Limitations
You agree that regardless of any law to the contrary, any claim or cause of action arising out of or related to use of ENCADE websites, platforms, and services or this Agreement must be filed within one year after such claim or cause of action arose or be forever barred.
The section headings in this Agreement are for convenience only and have no legal or contractual effect. You also may be subject to further terms and conditions that may apply when you use or purchase some of the other ENCADE services, affiliate services, third-party content.
These Services are operated and provided by ENCADE Corporation, 2175 Blue Willow Cres, Ottawa, ON, K1W 1K7. For any inquiries, please contact ENCADE Corporation.
You acknowledge and agree that any ENCADE websites, platforms, and essential services used in connection with ENCADE contain proprietary and confidential information protected by applicable intellectual property and other laws. You further acknowledge and agree that content presented to you through ENCADE systems and services is protected by copyrights, trademarks, service marks, patents, or other proprietary rights and laws. Except as clearly authorized by ENCADE or other proper third-party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on ENCADE websites, platforms, and services, in whole or in part except as specifically authorized in a separate written agreement.
Subject to this Agreement, ENCADE grants you a personal, non-transferable, and non-exclusive right and license to use the Services; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the services, unless such activity is expressly permitted or required by law or has been expressly authorized by ENCADE in writing. You agree not to use modified versions of the Services, including (without limitation) to acquire unauthorized access to ENCADE systems and services. You agree not to access ENCADE websites, platforms, and services by any means other than through the interface that ENCADE provides for use in accessing ENCADE websites, platforms, and services except as specifically authorized in a separate written agreement.
Except as clearly authorized by ENCADE, you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter ENCADE's or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the ENCADE systems and services.
You agree not to reproduce, copy, sell, trade, duplicate or exploit any portion of ENCADE platforms, use of ENCADE websites and platforms, or access to ENCADE platforms for any commercial purposes except as otherwise specifically provided in this Agreement or as specifically authorized in any separate written agreement.
ENCADE reserves the right to modify or discontinue, temporarily or permanently, ENCADE systems and services (or any part thereof) with or without notice at any time or from time to time. You agree that ENCADE shall not be accountable to you or to any third party for any modification, interruption, or discontinuance of the ENCADE systems and services.
You may discontinue your use of the ENCADE websites, platforms, and services at any time. You agree that ENCADE may at any time and for any reason, including a period of account inactivity, terminate your access to ENCADE websites, platforms, and services, terminate this Agreement, or suspend or terminate your account. In the event of termination, your account will be disabled, and you may not be granted access to ENCADE websites, platforms, and services, your account, or any files or other content contained in your account. Sections (Termination), (Indemnity), (Disclaimer of Warranties), (Limitations of Liability), (Exclusions and Limitations) and (including choice of law, severability and statute of limitations), of this Agreement, shall survive expiration or termination.
By using ENCADE websites, platforms, and services, you acknowledge and agree that ENCADE may access, preserve, and disclose the account information and any content associated with that account if required to do so by law or in a good faith belief that such access safeguarding or disclosure is reasonably necessary to: (a) satisfy any applicable law, regulation, legal process or enforceable governmental request, (b) enforce this Agreement, including enquiry of potential violations hereof, (c) detect, prevent, or otherwise address fraud, security or technical issues (including, without limitation, the filtering of spam), or (d) protect against forthcoming harm to the rights, property or safety of ENCADE systems and services, its users or the public as required or allowed by law. ENCADE cannot and will not be liable for any loss or damage arising from your failure to provide us with the correct information or keep your password secure.
You understand that the technical processing and communication of ENCADE platforms, including your content, may involve (a) communications over various networks; and (b) changes to follow and adapt to technical requirements of connecting networks, tools, or services.
By using Services, you agree to the collection, transfer, storage and use of your personal information on servers managed by ENCADE Corporation or a data controller service provider.
- What personal information do we collect
You can visit our Website without registering for an account. When you decide to provide us with your personal information, you agree that such information is sent to and stored on our servers. We collect the following types of personal information:
- Information we collect automatically: When you visit our Website, use our Services and or reply to ads or other content, we automatically collect the information sent to us by your computer, mobile device or other equipment that provides access. This information includes, but is not limited to:
- information from your interaction with our Website and Services, including, but not limited to, device ID, device type, geo-location information, computer and connection information, statistics on page views, traffic to and from our websites, referring URL, ad data, IP address and standard web log information; and
- information we collect through cookies, web beacons and similar technologies.
- Information you provide to us: We collect and store any information you enter on our Website or that you provide to us when you use our Services. This information includes, but is not limited to:
- information that you provide to us when you register for an account or for the Services that you use;
- information that you provide to us when you fill a form for requesting a service, meeting or support inquires;
- information that you provide to us as a service provider;
- additional information that you may provide to us through social media sites or third party Services;
- information provided in the context of dispute resolution, correspondence through our Website or correspondence that is sent to us;
- information about your location and the location of your device, including your device’s unique identifier information if you have enabled this service on your mobile device, and
- your resume if you choose to submit it to us for consideration through our careers page
- Information from other sources: We may receive or collect additional information about you from third parties and add this to our account information. This information includes, but is not limited to: demographic data, navigation data, additional contact data and additional data about you from other sources, such as public authorities, to the extent permitted by law.
- How we use your personal information
GENERAL PRACTICES REGARDING USE AND STORAGE
ENCADE holds the right to create acceptable limits on your use of the content, such as limits on file size, processing capacity, storage for withholding of content, and similar restrictions as else determined by ENCADE at its sole discretion. You agree that ENCADE shall have no obligation or liability for the loss or failure to store any content and other contacts maintained or transmitted by ENCADE systems and services. ENCADE can delete, as applicable, all or sections of your information upon termination of this Agreement.
Login ID/Your Account:
In order to access and use some or a portion of the Services, you may be required to register with us and set up an account with your email address and a password (your “Account”).
The email address you provide will be your email address, and you are solely responsible for maintaining the confidentiality of your password. You are solely responsible for all activities that occur under your Account. Therefore, you should protect your password and make your password difficult for others to guess. If you believe your Account may have been compromised or misused, contact us immediately at our Support page. You will not transfer your Account or provide access to your account to another party without our consent.
- ENCADE shall notify ENCADE websites, platforms, and services’ Users of the login ID and other necessary information to use the ENCADE systems ("Login Information"), and ENCADE systems is entitled to manage any additions, changes, and removes of User under ENCADE platforms Customer's own responsibility.
- ENCADE platforms customer shall maintain the Login Information under ENCADE systems Customer's own responsibility. ENCADE shall not be liable for any ENCADE platforms Customer's damages caused by a leak of Login Information to a third party due to reasons not attributable to Company.
- ENCADE websites,platforms'sCustomer shall be responsible for any ENCADE's, the Affiliates' or any third party's damages caused by ENCADE systems Customer's inadequate safekeeping of Login Information, misuse of Login Information or any other reasons due to Customer.
You agree that we may use your personal information for the following purposes:
- to provide you access to our products, Services and Customer Support by means of e-mail or mail;
- to personalize, measure and improve our Services, content and ads;
- to contact you, by e-mail, push notification, text message (SMS) or by telephone, to inquire about our Services and the services of companies that are part of the ENCADE Corporation;
- to provide you with other services that you have requested, as described when we collected the information;
- to consider you as a potential candidate if you choose to upload your resume through our careers page. and
- to transfer your due payment amounts if you are registered as a service provider or a contractor.
Transfer of your personal information to third parties:
service providers with whom we have entered into an agreement to help us provide our Services on the website, such as financial service providers, marketing agencies and technical support, and/or to fulfill your requested apparel product/s orders with Printful, to fulfill and deliver your orders directly to your mailing address via shipping companies And/or to necessary to comply with our legal obligations, to resolve disputes on purchased orders, to prevent fraud and abuse, to enforce our agreements, and/or to protect our legitimate interests (to the extent that we are permitted by the applicable law to continue to store copies to protect our legitimate interests). Note that no credit card or bank account data are shared with the apparel service provider as you will be purchasing directly from our store.
- to comply with legal obligations or a court order; or
- if this is necessary for the prevention, detection or prosecution of criminal offenses, such as fraud, deceit or prosecution, or
- if it is necessary to maintain our policies or to protect the rights and freedoms of others.
companies that we intend to merge with in the context of a re-organization or that acquire us;
an intellectual property owner if the owner of an intellectual property right or an intermediary in good faith believes that an advertisement violates the rights of the owner. Before personal information is provided, the IP owner will enter into an agreement that, inter alia, stipulates that information is only provided on the strict condition that it may only be used in the context of legal proceedings and/or obtaining legal advice
Without limitation to the foregoing, we shall moreover - in our efforts to respect your privacy and to keep the website free of malicious persons or parties – not disclose your personal information to third parties without a court order or formal request from the government in accordance with applicable law, unless we believe in good faith that such disclosure is necessary to prevent impending injury or financial damages or to report alleged illegal activities.
- Marketing Purposes
You agree that we may use the information collected by us to send you offers, whether personalized or not, or to contact you by e-mail, mail or/and by telephone regarding products or Services offered by ENCADE.
We will not sell or rent your personal information to third parties for their marketing purposes without your explicit consent. We may combine your information with information we collect from other companies and use it to improve and personalize our Services and functionalities.
You are always free to block, delete, or disable these technologies if your browser, installed application, or device so permits. However, if you decline cookies or other similar technologies, you may not be able to take advantage of certain site features, services, applications, or tools. You may also be required to re-enter your password more frequently during your browsing session. For more information on how you can block, delete, or disable these technologies, please review your browser or device settings.
- Protection and retention of your personal information
We protect your information by using technical and administrative security measures (such as firewalls, data encryption, and physical and administrative access controls to the data and servers) that limit the risk of loss, abuse, unauthorised access, disclosure, and alteration. Nevertheless, if you believe your account has been abused, please contact us through the Support page.
We retain personal information no longer than is legally permissible and delete personal information when it is no longer necessary for the purposes as described above.
ENCADE websites, platforms, and services may provide links to other World Wide Web sites or resources. ENCADE may have no control over such sites and resources, and you acknowledge and agree that ENCADE is not responsible for the availability of such external sites or resources and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that ENCADE 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 use of or reliance on any such content, goods or services available on or through any such site or resource.
- Other information
Abuse and unsolicited commercial communications ("spam"): We do not tolerate abuse of our Website. You do not have permission to add other ENCADE users to your mailing list (e-mail or postal) for commercial purposes, If you notice that someone is abusing our Website (spam or spoof emails), please notify us through the Support page.
Contact: If you have any questions about ENCADE and our Website please contact us through the Support page.