CFIN Terms of Use
Last modified: March 20, 2023
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE, AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
ALL OF THE INFORMATION ON OR THROUGH THIS WEBSITE OR SERVICES IS PROVIDED FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT A SUBSTITUTE FOR PROFESSIONAL ADVICE (INCLUDING LEGAL ADVICE). YOU UNDERSTAND AND ACKNOWLEDGE THAT WE MAY RELY ON THIRD PARTY TOOLS, INCLUDING THOSE RELYING ON OR OTHERWISE USING ARTIFICIAL INTELLIGENCE AND/OR MACHINE LEARNING TECHNOLOGY, WHEN PROVIDING WITH CERTAIN INFORMATION. RELIANCE ON ANY INFORMATION APPEARING ON OR PROVIDED IN RELATION TO THE WEBSITE OR SERVICES, OR OTHERWISE PROVIDED TO YOU BY US IN RELATION TO THE SERVICES IS SOLELY AT YOUR OWN RISK.
Canadian Food Innovation Network (“CFIN” or “we” or “us” or “our” or other similar pronouns) is a registered Canadian not-for-profit organization that will accelerate innovation by stimulating connections, collaborations and investments across Canada’s food ecosystem.
Membership in CFIN is currently only available to Canadian-based organizations and their employees, who are committed to advancing Canada’s food industry. CFIN will utilize data from members to match member needs and opportunities with innovation, research and potential funding resources and improve the quality of services provided by the network to members in accordance with CFIN’s Privacy Policy.
These Terms of Use constitute a legally binding agreement between you and CFIN. The Terms of Use (together with any documents referenced herein) (collectively, the “Terms”) apply to your use of our services, including any content, functionality and services offered on or through our website located at https://www.cfin-rcia.ca/), and to any mobile, tablet and other smart device applications, and application program interfaces that we may develop from time to time, including without limitation YODL, Asset Map and Resource Finder (collectively, the “Services”). Please take a moment to familiarize yourself with our terms and conditions and let us know if you have any questions.
Your access to and use of the Services is conditional upon your acceptance of and compliance with these Terms. These Terms apply to all visitors, users, and others who wish to access or use the Services. If you are accessing and/or using the Services on behalf of another individual or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind a such individual or third party principal to these Terms. IF YOU DO NOT AGREE WITH THESE TERMS OR ANY OF THEM, YOU MUST CEASE USING THE CFIN WEBSITES OR ANY OF ITS SERVICES IMMEDIATELY.
By visiting our website where this policy is posted, including any private member sections therein, or by clicking I agree, you signify your assent to these Terms as well as to our Privacy Policy, and any other related terms and conditions located on our websites, all of which are incorporated herein by this reference. You may also accept the Terms of Use by clicking to accept or agree to the Terms where this option is made available to you by CFIN in the user interface.
Note that these terms and conditions may change from time to time, so please check back periodically to ensure that you are aware of any changes. Your continued use will signify your acceptance of these changes. Any use of the CFIN Services after such notice constitutes acceptance of the updated Terms of Use, and it is your responsibility to regularly review the Terms of Use for changes. CFIN reserves the right to change our websites or change, eliminate or interrupt any of the Services without notice and for any reasons whatsoever. The Services may be temporarily unavailable from time to time for maintenance or other reasons. We assume no responsibility for any error, inaccuracy, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, any communications between you and CFIN through our websites or use of Services.
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Scope of these Terms of Use
These terms and conditions apply to the website they are posted on as well as any linked websites, Services or materials that are under our control.
To access and use certain features of the Services, you will need to create an account. You must safeguard your login information, including username, passwords, or other similar security mechanisms used by our website to identify you (“Login ID”) that you created to access the Services, and you must not disclose this information to anyone. You must immediately notify CFIN of any unauthorized use of your Login ID. Your Login ID will be used by CFIN solely in accordance with these Terms and the Privacy Policy.
You agree to immediately notify CFIN of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this section may result in immediate termination of your account. CFIN shall not be responsible or liable, directly or indirectly, in any way for any loss or damage of any kind incurred as a result of, or in connection with, your failure to comply with this section.
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Compliance and Restrictions on Use
To the extent you choose to access our Services, you do so at your own risk. You may use the Service for lawful purposes only and only in accordance with these Terms. You are solely responsible for complying with any and all laws, rules, regulations and other obligations that may apply to your use of the Service, including any and all applicable data protection and privacy laws. Without limiting the foregoing, you agree not to use the Services as follows:
- for pornographic, indecent, obscene, defamatory or other unlawful purposes;
- to engage in any activities that would violate the privacy rights of others, including to copy, store, access or use personally identifiable information about another registered user in a way that is inconsistent with CFIN’s Privacy Policyor these Terms;
- to engage in any other conduct that restricts or inhibits anyone’s use or enjoyment of the Services, or which, as determined by CFIN in its discretion, may harm CFIN or users of the Services or expose them to liability;
- to use the Services for broad distribution and unsolicited emails to CFIN members. (As per Canada’s Anti-Spam Legislation (CASL) which protects consumers and businesses from the misuse of electronic messaging, broad distribution and unsolicited email are not permitted unless proper consent has been obtained in compliance with CASL.)
- to use the Services to send harassing and/or threatening messages to others or to abuse, stalk, threaten, defame or otherwise infringe or violate the rights of any other person; or
- to discriminate against or harass anyone on the basis of race, national origin, religion, gender, sexual orientation, disability, medical condition, marital status, age or gender identity, or other protected grounds, or otherwise engage in abusive or disruptive behaviour.
You agree not to misuse the Services. Your use of the Service is subject to these Terms, including the following restrictions and limitations. You may view, download for caching purposes, and print pages from our website, but you agree that you shall not, without our express written consent:
- republish, reproduce or store any portion of our website or the Services in any form for any purpose;
- copy, sell, resell, or otherwise exploit any portion of our website or Services for a commercial purpose;
- use the Services or any portion thereof for any purposes related to marketing or in order to build, enhance, promote, or otherwise sell a competing offering;
- interfere with or disrupt any user, host, or network forming any part of the Service;
- interact, through our Services, including on YODL, contrary to the posted Code of Conduct;
- post any information or other material protected by copyright or other intellectual property rights without the permission of the owner. By posting material, you warrant and represent that you own the rights with respect to such material or have received permission from the owner of such material. You are solely responsible and liable for any information you make available on or through our websites or Services or that is made available through your Login ID. In addition, you grant CFIN and users of this website the worldwide, irrevocable, perpetual, non-exclusive, royalty-freeright and license to display, copy, publish, distribute, transmit, reproduce, print, and use such information or other material in its sole discretion. You agree that CFIN may proofread, summarize or otherwise edit and/or withdraw any information made available by you in its sole discretion and for any reason whatsoever;
- knowingly submit false or misleading information through or in connection with our Services;
- use the Services or any portion thereof in any way that causes, or may cause, damage to the Services or impairment to the availability or accessibility of the Services;
- use the Services or any portion thereof in any way which is unlawful, illegal, fraudulent, or harmful, or in connection with any unlawful, illegal, fraudulent or harmful purpose or activity.
Any attempt to do any of the foregoing is a violation of our rights. If you breach this restriction, you may be subject to prosecution and damages, and we may, at our sole discretion, bar you from accessing the Services.
You acknowledge that CFIN has no obligation to monitor access to or use of the Services, but it has the right to do so if it chooses in order to secure and improve the Services for fraud prevention, risk assessment, investigation, customer support, and to ensure compliance with these Terms, or as it otherwise sees fit. In particular, CFIN does not actively monitor the YODL for inappropriate postings and does not on its own undertake editorial control of postings. However, in the event that any inappropriate posting is brought to the attention of CFIN, we will take all appropriate action as we deem necessary in our sole discretion.
CFIN reserves the right to revoke your license and otherwise terminate your right to use the Services at any time in its sole discretion, for any or no reason, including if, in CFIN’s opinion, you have failed to comply with any provision of these Terms or for any illegal or criminal behaviour.
When using the Resource Finder (Assets Map), in addition to the foregoing, you shall not (or permit those acting on your behalf to):
- Redistribute or sell any part of the maps or create a new product or service based on the Resource Finder;
- Copy the content (unless you are otherwise permitted to do so by CFIN in writing);
- Mass download or create bulk feeds of the content (or let anyone else do so);
- Use the Resource Finder to create or augment any other mapping-related dataset (including a mapping or navigation dataset, business listings database, mailing list, or telemarketing list) for use in a service that is a substitute for, or a substantially similar service to the Resource Finder.
The data referenced in the Resource Finder is licensed from Scott’s Directories at https://www.scottsdirectories.com. As such, you hereby agree and acknowledge that the data displayed in the Resource Finder is protected by Canadian, United States, and international copyright and intellectual property laws.
You agree that we may collect and use personal information pursuant to our Privacy Policy, which is available for viewing here.
You agree that you are responsible for any and all information you provide or input or post via the Services, and you acknowledge and agree that if you provide personal information for yourself or any third party, you are authorized to do so and accept full responsibility in relation thereto, including without limitation with respect to the accuracy of such information.
If you, for any reason, collect, store or process personal information when using the Services, you must comply with all applicable privacy and data protection laws, taking into account the nature of the information to be processed.
You acknowledge and agree that if you act on behalf of an entity or organization, then we provide you with a platform only, and in relation to your use of the Services and any collection, use or disclosure of information by you related thereto, you, and not CFIN, are a data controller, and you are solely responsible for complying with any and all privacy obligations related thereto. You represent and warrant to CFIN that you have conducted, and will at all times conduct, your business and your use of the Services in compliance with all applicable privacy laws.
Except as otherwise expressly stated, CFIN or its affiliates own all intellectual property rights to the material on our website and reserve all intellectual property rights thereto. CFIN or its licensors own all rights, title and interest (inclusive of all intellectual property rights) in and to the Services and any and all software, content, methodologies, technology, designs, graphics, illustrations, logos, and marks used by us to provide the Service or in connection therewith (“CFIN IP”). You do not have any rights to, and may not, rent, lease, lend, sell, copy, transfer, reproduce, distribute, redistribute, sublicense, display, adapt or modify the Services or any CFIN IP. All rights not expressly granted to you are retained by CFIN
All product, brand and CFIN names and logos and trademarks displayed on our websites or used in connection with the Services are the trademarks of CFIN (or its suppliers, partner businesses or third-party licensors). Any use of any of the marks appearing on our website or in connection with the Services without the express written consent of CFIN or the owner of the mark, as appropriate, is strictly prohibited.
If you provide CFIN with any comments, suggestions, recommendations, requests or any other feedback (“Feedback”), CFIN may use such feedback to improve the Website or Services or for any other purpose. Furthermore, CFIN shall own such Feedback and CFIN and its affiliates, licensees, partners, third-party providers, and other authorized parties may use, license, distribute, reproduce and commercialize the Feedback, and you hereby assign, irrevocably, exclusively, and on a royalty-free basis, all such Feedback to CFIN. CFIN will have no obligation to consider, use, return or preserve any Feedback you provide to us. Any Feedback you provide to us may or may not be treated confidentially by us, and CFIN will have no obligation or liability to you for the use or disclosure of any Feedback.
The license is effective until terminated by you or us. CFIN may, at its sole discretion, terminate or suspend your license and bar access to the Services immediately, without prior notice or liability, for 1) a breach of these Terms, CFIN’s policies, applicable laws or regulations, or third party rights; 2) if CFIN believes in good faith that such action is reasonably necessary to protect the personal safety or property of CFIN or third parties, or for fraud prevention, risk assessment or security purposes. Upon termination of the license, you shall cease all use of the Services and destroy all copies, full or partial, of any CFIN IP.
THE SERVICES ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTY OF ANY KIND, EXPRESS OR IMPLIED. WITHOUT LIMITING THE FOREGOING, CFIN EXPLICITLY DISCLAIMS ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, SATISFACTORY QUALITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, NON-INFRINGEMENT, AND ANY WARRANTIES ARISING OUT OF THE COURSE OF DEALING OR USAGE OR TRADE, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.
CFIN does not warrant that a) the Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Services are free of viruses or other harmful components, or d) the results of using the Services will meet your requirements.
The Resource Finder (Assets Map) is created from a subset of data from Scott's Directory database. Notwithstanding the generality of the foregoing, CFIN makes no claims, no representations, and no warranties, express or implied, concerning the validity (express or implied), the reliability or the accuracy of the data, including the implied validity of any uses of such data.
Our liability and that of our affiliates are limited and excluded to the maximum extent permitted under applicable law.
YOU ACKNOWLEDGE AND AGREE THAT TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE ENTIRE RISK ARISING OUT OF YOUR ACCESS TO AND USE OF THE SERVICES REMAINS WITH YOU. NEITHER CFIN NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, OR AFFILIATES, NOR ANY OTHER PARTY INVOLVED, WILL BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING WITHOUT LIMITATION, LOSS OF PROFITS, DATA, USE, GOODWILL, SERVICE INTERRUPTION, MOBILE DEVICE DAMAGE, SYSTEM FAILURE OR OTHER INTANGIBLE LOSSES, OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES OR FOR DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (I) THESE TERMS; (II) YOUR ACCESS TO OR USE OF OR INABILITY TO ACCESS OR USE THE SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE WEBSITE; OR (IV) ANY CONTENT OBTAINED FROM THE SERVICES, IN ALL CASES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT CFIN HAS BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THESE TERMS, THE LIABILITY OF CFIN, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS, SUPPLIERS, AFFILIATES, AND ANY OTHER PARTY INVOLVED SHALL NOT EXCEED, IN THE AGGREGATE, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THESE TERMS, ONE HUNDRED DOLLARS (CAD$100).
You release CFIN from any and all liability, damages or loss, whether economic or non-economic, of any type or character, arising out of or in connection with the Services, whether based on warranty, contract or tort (including negligence), product liability or any other legal theory, to the maximum extent permitted by law.
You agree to release, defend, indemnify and hold harmless CFIN, its affiliates, its licensees and licensors, and their respective employees, contractors, agents, officers, directors, and suppliers, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgments, awards, costs and expenses (including but not limited to reasonable legal fees), resulting from or arising out of (a) improper use of and access to the Services, by you or any person using your account; (b) a breach of these Terms; (c) any claim or allegation that your use of the Services infringes the intellectual property or other proprietary rights of CFIN or any third party; or (d) your breach of any laws, regulations or third party rights.
Any links on our website to third-party websites are provided for your convenience and for partnering sites to identify that you are using our Services. If you choose to access third-party websites or obtain products or services from third parties, you do so entirely at your own risk, and such access is between you and such third parties. CFIN does not warrant or make any representations regarding the legality, accuracy or authenticity of content presented by such websites or any products or services offered by third parties and shall have no liability for any loss or damages arising from the access or use of such websites, products or services. You are strongly advised to check the terms of use and the privacy policies of these external websites or resources before making use of them. You acknowledge that CFIN may remove any link to an external website or to resources at any time for any reason whatsoever.
These Terms will be governed and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada. We operate and maintain our Services from Canada. We make no representation that our Services are appropriate or available for use outside of Canada. If you access our Services from a jurisdiction other than Canada, you do so at your own risk and are responsible for complying with all local laws of your jurisdiction.
You may not assign, transfer or delegate these Terms and your rights and obligations hereunder without CFIN’s written consent. CFIN may, without restriction, assign, transfer or delegate these Terms and any rights and obligations hereunder at its sole discretion by providing you with notice of the assignment.
Our website or the Services are not intended to be used by and is not marketed or directed towards, children or any person under the age of 18.
Unless specified otherwise, any notices or communications to registered users required under these Terms will be in writing and sent via e-mail.
This electronic document, and all other electronic documents referred to or incorporated herein, will be: (i) deemed for all purposes to be a “writing” or “in writing,” and to comply with all statutory, contractual, and other legal requirements for writing; and (ii) legally enforceable as a signed agreement.
Contact Information
Our address is:
Canadian Food Innovation Network
7382 Wellington Rd 30, Unit B
Guelph, ON N1H 6J2
If you have any questions, please email us at info@cfin-rcia.ca.