Terms of Use

Last update to Terms of Use  – June 14, 2021

BEFORE USING OUR SITES, PLEASE READ THIS TERMS AND CONDITION CAREFULLY.
These terms and conditions form part of the Agreement between the user and ourselves. Your accessing of the Obsidi by BPTN Platform and/or undertaking of an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.
OBSIDI BY BPTN
By signing up to Obsidi by BPTN Platform, you agree to these terms and conditions. BPTN may, in its sole discretion, revise these Terms at any time without advance notice to you. You are bound by such revisions by continuing to use or visit the Platform after they are posted online. These Terms apply to all users of the Platform, including users who contribute content to the Platform. The Platform may contain interactive areas designed to allow you to post content on the Platform and/or comment, including by commenting on our blogs. The use of these features is additionally governed by the Code of Conduct.
USER ACCOUNTS
To access some features of the Platform, you may have to register for a BPTN user account. When registering for your user account, you must provide accurate and complete information. You are solely responsible for the activity that occurs on your user account, and you must keep your account password secure. You must notify BPTN immediately of any breach of security or unauthorized use of your user account.
Although BPTN will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of BPTN or others due to such unauthorized use.
OWNERSHIP OF PLATFORM CONTENT
As between you and BPTN; BPTN owns all intellectual property rights, including without limitation copyright and trade-mark rights, in all materials on or comprising the Platform (“Content”), including, without limitation, all written, audiovisual or other materials and graphical elements on the Platform.
The BPTN logos are trade-marks of BPTN, and may not be used without the express written permission of BPTN.
USER CONTENT
  • You may be able to post or upload (in designated areas of the Platform) written content or other content (collectively “User Content”) to the Platform.
  • You are solely responsible for your own User Content and the consequences of posting or publishing it. By uploading or posting User Content to the Platform, you automatically grant BPTN a worldwide, non-exclusive, royalty free, license to use, reproduce, modify, translate into different languages or formats, and publish such User Content on the Platform for the purpose of sharing the User Content with users and visitors of the Platform and to promote the Platform. 
  • You represent and warrant that you own or have the rights to use and license BPTN to use the User Content in the manner contemplated by the Platform and these Terms.
  • By accessing and/or using the Platform, you may provide us with personal information as described in our Privacy Policy. You acknowledge that you have read and understood our Privacy Policy, which governs the collection, use, storage and disclosure of such personal information.
DISCLAIMER
Your use of this platform is entirely at your own risk. The platform and content is provided “as is” and without warranties or conditions of any kind, either expressed or implied, including any implied warranties of merchantability, merchantable quality, fitness for a particular purpose, title, or non-infringement. BPTN does not warrant that the platform or content contained in this platform will be uninterrupted or error-free, that defects will be corrected, or that this platform or the server that makes it available are free of viruses or other harmful components.
Without limiting the foregoing, BPTN does not warrant or make any representation regarding use, the ability to use, or the result of use of the content in terms of accuracy, reliability, or otherwise. The content may include technical inaccuracies or typographical errors. BPTN may make changes or improvements to the content or the platform at any time. BPTN makes no warranties that your use of the content will not infringe the rights of others and assumes no liability or responsibility for errors or omissions in such content.
LIMITATION OF LIABILITY
BPTN, its employees, agents, officers and directors will not be liable for any direct, indirect, incidental, punitive, consequential, special, exemplary, or other damages, including, without limitation, loss of revenue or income, pain and suffering, emotional distress, or similar damages, or damages resulting from any (i) errors or omissions in content, (ii) any unauthorized access to or use of our servers and/or any and all personal information and/or financial information stored therein, (iii) any interruption or cessation of transmission to or from our platform, (iv) any bugs, viruses, Trojan horses, or the like, which may be transmitted to or through our platform by any third party, or (v) for any loss or damage of any kind incurred as a result of your use of any content posted, emailed, transmitted, or otherwise made available via the platform. This limitation of liability applies regardless of the legal theory giving rise to the damages, and even if BPTN has been advised of the possibility of such damages. The foregoing limitation of liability shall apply to the fullest extent permitted by law in the applicable jurisdiction.
You specifically acknowledge that BPTN, its employees, agents, officers and directors shall not be liable for user content or the defamatory, offensive, or illegal conduct of any third party and that the risk of harm or damage from the foregoing rests entirely with you.
INDEMNITY
You agree to defend, indemnify and hold harmless BPTN, its employees, agents, officers and directors from and against any and all claims, damages, obligations, judgments, losses, liabilities, costs or debt, attorney’s fees and other expenses arising from: (i) your use of and access to the platform; (ii) your violation of any third party right, including without limitation any copyright, property, or privacy right; or (iii) any claim that you did not have the right to provide any user content or that your user content caused damage to a third party. This defense and indemnification obligation will survive these terms and your use of the platform. In such a case, BPTN will provide you with written notice of such claim, suit or action.
MISCELLANEOUS
You affirm that you are either more than 18 years of age, or possess parental or guardian consent to agree to these Terms and access and use the Platform, and are otherwise fully able and competent to enter into the terms, conditions, obligations, affirmations, representations, and warranties set forth in these Terms, and to abide by and comply with these Terms.
These Terms will be governed by and construed in accordance with the laws of the Province of Ontario, Canada, without giving effect to its conflict of laws provisions. You agree to submit to the personal and exclusive jurisdiction of the courts located in the Province of Ontario, Canada. The Platform is physically maintained and operated by BPTN from the Province of Ontario.
You may not assign these Terms or assign any rights or delegate any obligations under these Terms, in whole or in part, whether voluntarily or by operation of law, without our prior written consent.
These Terms constitute the entire agreement between you and BPTN with respect to the subject matter and supersede and replace all prior or contemporaneous understandings or agreements, written or oral, regarding such subject matter. If for any reason a court of competent jurisdiction finds any provision or portion of the Terms to be unenforceable, the remaining provisions of the Terms will continue in full force and effect.
In the event of any inconsistency between the English and French versions of these Terms, the English version shall govern.
CODE OF CONDUCT
a. You may not use the BPTN Platform for any illegal or unauthorized purpose. In addition to the laws of the Province of Ontario, Canada, you also agree to comply with all local laws that apply to your use of the Platform.
b. You may not use the Platform in any manner which could disable, overburden, damage, or impair the Platform, BPTN’s servers or computer network, or interfere with any other party’s use and enjoyment of the Platform.
c. You agree that you are responsible for your own conduct and communications while using the Platform and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Platform, you will not:
– post or upload any inappropriate, promotional, defamatory, destructive, obscene, or unlawful content;
– defame, abuse, harass, stalk, threaten or otherwise violate the legal rights (such as rights of privacy and publicity) of others;
– post or upload any User Content that infringes any patent, trademark, copyright, trade secret or other intellectual property right of any party;
– impersonate another person, or falsify or delete any author attributions, legal or other proper notices or proprietary designations or labels of the origin or source of any content;
– use the Platform in connection with surveys, contests, junk email, spamming or any duplicative messages (commercial or otherwise);
– use any robot, spider, site search/retrieval application, or other device to retrieve or index any portion of the Platform to collect information about other users or domain names;
– upload files that contain bugs, viruses, Trojan horses, worms, or any other similar software or programs that may damage the operation of the computer or property of another; or
– Submit User Content that falsely expresses or implies that such User Content is sponsored or endorsed by any party where it is not sponsored or endorsed by such party.
d. While BPTN prohibits such conduct and User Content in connection with the Platform, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Platform at your own risk.
e. BPTN reserves the right to monitor use of this platform to determine compliance with these Terms. Although BPTN does not read, review, vet or otherwise assess User Content in advance of its posting, BPTN reserves the right to remove any User Content and/or terminate your BPTN User Account without notice for breach or for any other reason.
PRIVACY STATEMENT
We are committed to protecting your privacy. Authorized employees within the company on a need to know basis only use any information collected from individual customers. We constantly review our systems and data to ensure the best possible service to our customers. Parliament has created specific offenses for unauthorized actions against computer systems and data. We will investigate any such actions with a view to prosecuting and/or taking civil proceedings to recover damages against those responsible
CONFIDENTIALITY
User records are regarded as confidential and therefore will not be divulged to any third party, other than [our manufacturer/supplier(s) and] if legally required to do so to the appropriate authorities. Users have the right to request sight of, and copies of any and all user Records we keep, on the proviso that we are given reasonable notice of such a request users are requested to retain copies of any literature issued in relation to the provision of our services. Where appropriate, we shall issue user’s with appropriate written information, handouts or copies of records as part of an agreed contract, for the benefit of both parties.
We will not sell, share, or rent your personal information to any third party or use your email address for unsolicited mail. Any emails sent by BPTN will only be in connection with the provision of agreed services and products.
LOG FILES
We use IP addresses to analyze trends, administer the site, track user’s movement, and gather broad demographic information for aggregate use. IP addresses are not linked to personally identifiable information. Additionally, for systems administration, detecting usage patterns and troubleshooting purposes, our web servers automatically log standard access information including browser type, access times/open mail, URL requested, and referral URL. This information is not shared with third parties and is used only within BPTN on a need-to-know basis. Any individually identifiable information related to this data will never be used in any way different to that stated above without your explicit permission.
COOKIES
Like most interactive websites Obsidi by BPTN uses cookies to enable us to retrieve user details for each visit. Cookies are used in some areas of our site to enable the functionality of this area and ease of use for those people visiting. Some of our affiliate partners may also use cookies.
LINKS TO THE PLATFORM
You may not create a link to any page of this website without our prior written consent. If you do create a link to a page of this website you do so at your own risk and the exclusions and limitations set out above will apply to your use of this website by linking to it.
LINKS FROM THE PLATFORM
We do not monitor or review the content of other party’s websites which are linked to from this website. Opinions expressed or material appearing on such websites are not necessarily shared or endorsed by us and should not be regarded as the publisher of such opinions or material. Please be aware that we are not responsible for the privacy practices, or content, of these sites. We encourage our users to be aware when they leave our site & to read the privacy statements of these sites. You should evaluate the security and trustworthiness of any other site connected to this site or accessed through this site yourself, before disclosing any personal information to them. BPTN will not accept any responsibility for any loss or damage in whatever manner, however caused, resulting from your disclosure to third parties of personal information.
COPYRIGHT NOTICE
Copyright and other relevant intellectual property rights exist on all text relating to the Company’s services and the full content of this website.
Obsidi’s logo is a registered trademark of BPTN in Canada and other countries. The brand names and specific services of BPTN featured on this website are trademarked.
COMMUNICATION
We have several email addresses for different queries. These, & other contact information, can be found on our Contact Us link on our websites or via Company literature or via the Company’s stated telephone, facsimile or mobile telephone numbers.
FORCE MAJEURE
Neither party shall be liable to the other for any failure to perform any obligation under any Agreement which is due to an event beyond the control of such party including but not limited to any Act of God, terrorism, war, Political insurgence, insurrection, riot, civil unrest, act of civil or military authority, uprising, earthquake, flood or any other natural or man made eventuality outside our control, which causes the termination of an agreement or contract entered into, nor which could have been reasonably foreseen. Any Party affected by such event shall forthwith inform the other Party of the same and shall use all reasonable endeavors to comply with the terms and conditions of any Agreement contained herein.
WAIVER
Failure of either Party to insist upon strict performance of any provision of this or any Agreement or the failure of either Party to exercise any right or remedy to which it, he or they are entitled hereunder shall not constitute a waiver thereof and shall not cause a diminution of the obligations under this or any Agreement. No waiver of the provisions of this or any Agreement shall be effective unless it is expressly stated to be such and signed by both Parties.
GENERAL
The laws of Canada govern these terms and conditions. By accessing this website you consent to these terms and conditions and to the exclusive jurisdiction of the Canadian courts in all disputes arising out of such access. If any of these terms are deemed invalid or unenforceable for any reason (including, but not limited to the exclusions and limitations set out above), then the invalid or unenforceable provision will be severed from these terms and the remaining terms will continue to apply. Failure of the Company to enforce any of the provisions set out in these Terms and Conditions and any Agreement, or failure to exercise any option to terminate, shall not be construed as waiver of such provisions and shall not affect the validity of these Terms and Conditions or of any Agreement or any part thereof, or the right thereafter to enforce each and every provision. These Terms and Conditions shall not be amended, modified, varied or supplemented except in writing and signed by duly authorized representatives of the Company.
NOTIFICATION OF CHANGES
The Company reserves the right to change these conditions from time to time as it sees fit and your continued use of the site will signify your acceptance of any adjustment to these terms. If there are any changes to our privacy policy, we will announce that these changes have been made on our home page and on other key pages on our site. If there are any changes in how we use our site customers’ Personally Identifiable Information, notification by e-mail or postal mail will be made to those affected by this change. Any changes to our privacy policy will be posted on our website 30 days prior to these changes taking place. You are therefore advised to re-read this statement on a regular basis.
These terms and conditions form part of the Agreement between the user and ourselves. Your accessing of this website and/or undertaking of an Agreement indicates your understanding, agreement to and acceptance, of the Disclaimer Notice and the full Terms and Conditions contained herein. Your statutory Consumer Rights are unaffected.