TERMS OF USE

Terms of Use

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.

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.

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.

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.

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).

Virtual and Online Training

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 one (1) week 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 1 week 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 participantsA 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.comh 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.

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.

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.

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.

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 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.

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.

Disclaimer

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.

Limitation of Liability

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.

Indemnification

You in your personal capacity and on behalf of the party for which you work agree to indemnify, defend and hold HSE International, its officers, directors, employees, agents, licensors, suppliers and any third party information providers to this Website harmless from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these Terms of Use by or through you or arising from or related to any documentation uploaded or submitted by you.

Third Party Rights

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 for Violations

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.

Governing Law and Jurisdiction

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.

Privacy

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

Severability of Provisions

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.

Security

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 or PayPal - 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.

Incentive Prize Official Rules

Your participation in any survey conducted (or in part) by HSE International is subject to the HSE International’s incentive prize official rules. You can view the rules here.

Modifications to Terms of Use

HSE International reserves the right to change these Terms of Use at any time. Updated versions of the Terms of Use will appear on this Website and are effective immediately. You are responsible for regularly reviewing the Terms of Use. Continued access to this Website after any such changes constitutes your consent to such changes.

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