Terms and Conditions

Last update to Terms and Conditions – November 22, 2022

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

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:

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.

PAYMENT

You’ll honor your payment obligations and you are okay with us storing your payment information. You understand that there may be fees and taxes that are added to our prices.

Refunds are subject to our policy.

If you buy any of our Paid Services (“Obsidi Recruit”), you agree to pay us the applicable fees and taxes and to specific to the paid Services. Failure to pay these fees will result in the termination of your Paid Services. Also, you agree that:

  • Your purchase may be subject to foreign exchange fees or differences in prices based on location (e.g. exchange rates).
  • We may store and continue billing your payment method (e.g. credit card) even after it has expired, to avoid interruptions in your Services and to use to pay other Services you may buy.
  • If you purchase a subscription, your payment method automatically will be charged at the start of each subscription period for the fees and taxes applicable to that period. To avoid future charges, cancel before the renewal date. 
  • All of your purchases of Services are subject to our no refund policy  
  • We may calculate taxes payable by you based on the billing information that you provide us at the time of purchase.

NOTICES AND MESSAGES

You’re okay with us providing notices and messages to you through our websites, apps, and contact information. If your contact information is out of date, you may miss out on important notices.

You agree that we will provide notices and messages to you in the following ways: (1) within the Service, or (2) sent to the contact information you provided us (e.g., email, mobile number, physical address). You agree to keep your contact information up to date.

Please review your settings to control and limit messages you receive from us.

SERVICES AVAILABILITY

We may change or end any Paid Services or modify our prices prospectively.

We may change, suspend or discontinue any of our Services. We may also modify our prices effectively prospectively upon reasonable notice to the extent allowed under the law.

We don’t promise to store or keep showing any information and content that you’ve posted. Obsidi is not a storage service. You agree that we have no obligation to store, maintain or provide you a copy of any content or information that you or others provide, except to the extent required by applicable law and as noted in our Privacy Policy.

LIMITS

We have the right to limit how you connect and interact on our Paid Services.

Obsidi reserves the right to limit your use of the Services, including the number of your connections and your ability to contact other Members. Obsidi reserves the right to restrict, suspend, or terminate your account if you breach this Contract or the law or are misusing the Services (e.g., violating any of the Dos and Don’ts or Professional Community Policies).

AUTOMATED PROCESSING

We use data and information about you to make relevant suggestions to you and others.

We use the information and data that you provide and that we have about Members to make recommendations for connections, content and features that may be useful to you. For example, we use data and information about you to recommend jobs to you and you to recruiters. Keeping your profile accurate and up to date helps us to make these recommendations more accurate and relevant.

TERMINATION

We can each end this Contract, but some rights and obligations survive.

Both you and Obsidi may terminate this Contract at any time with notice to the other. On termination, you lose the right to access or use our Paid Services with no refund on plan. The following shall survive termination:

  • Our rights to use and disclose your feedback
  • Members and/or Visitors’ rights to further re-share content and information you shared through the Services
  • Any amounts owed by either party prior to termination remain owed after termination.

OTHER CONTENT, SITES AND APPS

Obsidi Community Guideline

Obsidi is a community of professionals. This list of “Dos and Don’ts” along with our Professional Community Policies limit what you can and cannot do on our Services.

Dos: You agree that you will:

  • Comply with all applicable laws, including, without limitation, privacy laws, intellectual property laws, anti-spam laws, export control laws, tax laws, and regulatory requirements;
  • Provide accurate information to us and keep it updated;
  • Use your real name on your profile; and
  • Use the Services in a professional manner.

Don’ts: You agree that you will not:

  • Create a false identity on Obsidi, misrepresent your identity, create a Member profile for anyone other than yourself (a real person), or use or attempt to use another’s account;
  • Develop, support or use software, devices, scripts, robots or any other means or processes (including crawlers, browser plugins and add-ons or any other technology) to scrape the Services or otherwise copy profiles and other data from the Services;
  • Override any security feature or bypass or circumvent any access controls or use limits of the Service (such as caps on keyword searches or profile views);
  • Copy, use, disclose or distribute any information obtained from the Services, whether directly or through third parties (such as search engines), without the consent of Obsidi;
  • Disclose information that you do not have the consent to disclose (such as confidential information of others (including your employer));
  • Violate the intellectual property rights of others, including copyrights, patents, trademarks, trade secrets or other proprietary rights. For example, do not copy or distribute (except through the available sharing functionality) the posts or other content of others without their permission, which they may give by posting under a Creative Commons license;
  • Post anything that contains software viruses, worms, or any other harmful code;
  • Reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for the Services or any related technology that is not open source;
  • Imply or state that you are affiliated with or endorsed by Obsidi without our express consent (e.g., representing yourself as an accredited Obsidi trainer);
  • Rent, lease, loan, trade, sell/re-sell or otherwise monetize the Services or related data or access to the same, without Obsidi consent;
  • Deep-link to our Services for any purpose other than to promote your profile or a Group on our Services, without Obsidi consent;
  • Use bots or other automated methods to access the Services, add or download contacts, send or redirect messages;
  • Monitor the Services’ availability, performance or functionality for any competitive purpose;
  • Engage in “framing,” “mirroring,” or otherwise simulating the appearance or function of the Services;
  • Overlay or otherwise modify the Services or their appearance (such as by inserting elements into the Services or removing, covering, or obscuring an advertisement included on the Services);
  • Interfere with the operation of, or place an unreasonable load on, the Services (e.g., spam, denial of service attack, viruses, gaming algorithms); and/or
  • Violate the Professional Community Policies or any additional terms concerning a specific Service that are provided when you sign up for or start using our Services

Your use of others’ content and information posted on our Services, is at your own risk.

Others may offer their own products and services through our Services, and we aren’t responsible for those third-party activities.

By using the Services, you may encounter content or information that might be inaccurate, incomplete, delayed, misleading, illegal, offensive or otherwise harmful. Obsidi generally does not review content provided by our Members or others. You agree that we are not responsible for others’ (including other Members’) content or information. We cannot always prevent this misuse of our Services, and you agree that we are not responsible for any such misuse. You also acknowledge the risk that you or your organization may be mistakenly associated with content about others when we let connections and followers know you or your organization were mentioned in the news. Members have choices about this feature.

Obsidi may help connect Members offering their services (career coaching, accounting, etc.) with Members seeking services. Obsidi does not perform nor employ individuals to perform these services. You acknowledge that Obsidi does not supervise, direct, control or monitor Members in the performance of these services and agree that (1) Obsidi is not responsible for the offering, performance or procurement of these services, (2) Obsidi does not endorse any particular Member’s offered services, and (3) nothing shall create an employment, agency, or joint venture relationship between Obsidi and any Member offering services. If you are a Member offering services, you represent and warrant that you have all the required licenses and will provide services consistent with our Professional Community Policies.

Similarly, Obsidi may help you register for and/or attend events organized by us or our partners and connect with other Members who are attendees at such events. You agree that (1) Obsidi is not responsible for the conduct of any of the Members or other attendees at such events, (2) Obsidi does not endorse any particular event listed on our Services, (3) Obsidi does not review and/or vet any of these events, and (4) that you will adhere to these terms and conditions that apply to such events.

Complaints Regarding Content

Contact information for complaint about content provided by our Members.

We respect the intellectual property rights of others. We require that information posted by Members be accurate and not in violation of the intellectual property rights or other rights of third parties. We provide a policy and process for complaints concerning content posted by our Members.

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.