CFIN Terms of Use

Last modified: August 24, 2021

 

PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

 

1.0 Introduction 

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..

 

2.0 These Terms of Use

These terms of use constitute a legally binding agreement between you and CFIN. The terms of use (together with any documents referred to in them) (collectively, the “Terms”) apply to your use of our services, including any content, functionality and services offered on or through our websites, and to any mobile, tablet and other smart device applications, and application program interfaces that we may develop from time to time (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 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, 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.

 

3.0 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.

4.0 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 Internet 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 Policy or 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 email 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 is not permitted.)

  • 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;

 

  • 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; or

 

  • fail to protect the confidentiality of your login and password to any CFIN Service and you will immediately notify CFIN of any unauthorized use of your login or password and change your password.

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. 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 behavior.

5.0 Privacy and Use of Data

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 to comply 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.

 

You shall defend, indemnify and hold harmless CFIN and its affiliates, officers, employees, agents, successors and assigns (a “CFIN Party”), from and against any and all fines, suits, actions, proceedings, claims, demands, debts, obligations, settlements, losses, damages, liabilities, costs and expenses (including reasonable legal and professional fees and costs) arising from or in any way connected to: (i) any breach of this Section, including but not limited to any failure to comply with applicable privacy laws; and (ii) any claim against CFIN or a CFIN Party by any third party to the extent caused by, relating to or arising in connection with any act or omission of or by you or a party related to you in the performance of this Section, and/or compliance with applicable privacy laws.

6.0  License Granted

 

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.

 

7.0 Termination

 

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.

8.0 General Disclaimer

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 warranties of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, non- infringement, and any warranties arising out of 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.

9.0 Limitations of Liability

The information on our website is provided free-of-charge, and you acknowledge that it would be unreasonable to hold us liable with respect to the website and the information contained within.

 

Our liability and that of our affiliates is 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 ($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.

10.0 Indemnification

 

You agree to release, defend, indemnify and hold harmless CFIN, its affiliates, and 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 and/or CFIN policies; (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.

 

11.0 User Content

 

With respect to any material or information that you submit on our website, except as otherwise provided by applicable law, you grant to us a worldwide, irrevocable, perpetual, non-exclusive, royalty-free license to use and reproduce such information.

 

12.0 Governing Law

 

These Terms will be governed and construed in accordance with the laws of the Province of Ontario, Canada, and the applicable federal laws of Canada, notwithstanding your domicile, residence, or physical location. 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.

 

13.0 No Partnership

 

You agree and acknowledge that your relationship with CFIN is limited to being a user of the Services and an independent third-party contractor and that no joint venture, partnership, employment or agency relationship exists between you and CFIN as a result of these Terms or your use of the Services. You act exclusively on your own behalf and for your own benefit and not on behalf of or for the benefit of CFIN.

 

14.0 No Assignment

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.

15.0 Notices

 

Unless specified otherwise, any notices or communications to registered users required under these Terms will be in writing and sent via e-mail.

 

Contact Information

Our address is:

Canadian Food Innovation Network

381 Elmira Rd. N., Unit 1

Guelph, ON N1K 1H3

If you have any questions, please email us at info@cfin-rcia.ca.