Our Terms and Conditions of Use
Please review our Terms and Conditions of Use below:
This Terms and Conditions cover are for http://www.peopleanalytics.ca (“this Site”, “Site”, or “we”). This Site is owned by People Analytics Inc. (People Analytics). These Terms and Conditions apply to your access to and use of this Site. Please read our Terms and Conditions carefully as it contains important information regarding your legal rights, remedies and obligations. These include, but are not limited to, various limitations and exclusions, and indemnities.
The People Analytics, including its subsidiaries and affiliates, requires that all visitors to this World Wide Web site owned, operated, licensed, and controlled by People Analytics Site adhere to the following Terms of Use. For the purposes of these Terms and Conditions, this “Site” includes all the web pages related to the site excluding any links to third party sites.
By accessing and using the Site, you indicate your acknowledgement and acceptance of these Terms of Use. If you do not agree with these Terms of Use, you should not use the Site. The term “you” or “your” refers to the user or viewer of the Site. People Analytics may change, suspend or discontinue any aspect of the Site at any time, including the availability of any feature, database or content.
People Analytics may also impose limits on certain features and services and/or restrict your access to parts or all of the Site without notice or liability of any kind. The terms and conditions of a People Analytics client's service agreement for any portion of the Site will control in the event of any provisions that may conflict with these Terms of Use.
Legal Capacity
You represent and warrant that you possess the legal right, capacity and ability to agree to these Terms and Conditions and use the Site in accordance with them. If you are an individual, you represent and warrant that you have reached the age of majority in the jurisdiction in which you reside, and that you are in any event at least 18 years old. If you are using the Site on behalf of a corporation or other organization, you represent and warrant that you have the ability to agree to these Terms and Conditions on behalf of such organization and all references to "you" throughout these Terms and Conditions will include such organization, jointly and severally with you personally.
License
We grant to you a non-exclusive, non-transferable, limited license only to use the Site, in accordance with the provisions set out in these Terms and Conditions. All rights not expressly granted to you in these Terms and Conditions are reserved by us and, if applicable, our licensors.
Privacy policy
You acknowledge that you have read the Privacy Policy located on the Site, as it may be updated from time to time (the "Privacy Policy"), and hereby consent to the collection, use and disclosure by us of your personal information (whether previously collected or to be collected) for the purposes identified therein. You also consent to our use of such personal information in accordance with applicable terms and conditions contained in such Privacy Policy, which is incorporated herein by reference and forms an integral part of these Terms and Conditions.
Site limitations
The Site depends on the Internet, including networks, cabling, facilities and equipment that is not in our control; accordingly (i) any representation made by us regarding access performance, speeds, reliability, availability, use or consistency of the Site is on a "commercially reasonable efforts" basis, (ii) we cannot guarantee any minimum level regarding such performance, speed, reliability, availability, use or consistency, and (iii) data, messages, information or materials sent over the Internet may not be completely private, and your anonymity is not guaranteed.
Restrictions on use
You may: access any part of the Site which you have authorized access to, and print off one copy of any or all of the pages for your own personal reference. You may not: copy (whether by printing off onto paper, storing on disk, downloading or in any other way), distribute (including distributing copies), publish, broadcast, reproduce, alter or tamper with in any way, or otherwise use any material contained in the Site except as set out under "You may" above or by following the “Linking and logo policy” section below. These restrictions apply in relation to all or part of the materials on the Site; remove any copyright, trade mark or other intellectual property notices contained in the original material from any material copied or printed off from this Site without our express written consent.
All the Web products and services, information, materials, data, images, graphics, sounds and other components on the Site (the "Contents") are copyrighted and owned or controlled by People Analytics unless otherwise noted. Any unauthorized use of the Contents on the Site may violate copyright, trademark and other laws and intellectual property rights of People Analytics or third parties. Unauthorized use may give rise to a claim for damages and/or be a criminal offense. Contents from the Site may not be modified, copied or distributed, republished, uploaded, posted, decompiled, or transmitted in any way, without the prior written consent of People Analytics. The Contents on the Site are provided for lawful purposes only. The Contents on the Site are provided with “restricted rights”. Use, duplication, or disclosure by the U.S. government is subject to restrictions as set forth in FAR52.227-14 and DFAR252.227-7013 et seq. or its successor. Use of the Contents by the U.S. government constitutes acknowledgment of People Analytics’ proprietary rights in the Contents.
Restriction of liability
People Analytics will not be liable for any damages or injury caused by any materials or software, including but not limited to, any failure of performance, error, omission, interruption, defect, delay in operation or transmission, computer virus, or line failure. People Analytics will not be liable to you or any third party for any damages or injury, including but not limited to, indirect, special, incidental, reliance, consequential or punitive damages that result from the use of, or the inability to use, the materials in or software available through this site, even if there is negligence or even if People Analytics or an authorized People Analytics representative has been advised of the possibility of such damages, or both. The above limitation or exclusion may not apply to you to the extent that applicable law may not allow the limitation or exclusion of liability for incidental or consequential damages. People Analytics’ total liability to you for all losses, damages, and causes of action (in contract, tort [including without limitation, negligence, product liability and strict liability], or otherwise) will not be greater than the amount you paid to access this site.
User accounts and account security
To access some features of the Site, you may have to register for a 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. You acknowledge and agree that you are responsible for maintaining the confidentiality of any passwords associated with any account you use to access or use this Site and that you will be solely responsible to People Analytics for all activities that occur under your account. You must notify People Analytics immediately of any breach of security or unauthorized use of your user account. Although People Analytics will not be liable for your losses caused by any unauthorized use of your user account, you may be liable for the losses of People Analytics or others due to such unauthorized use.
Submissions
All remarks, suggestions, ideas, graphics, or other information communicated to People Analytics through the Site (together, the "Submission") will, upon communication, give People Analytics the right to use the Submissions. People Analytics will not be required to treat any Submission as confidential, and will not be liable for any ideas for its business (including, without limitation, product or advertising ideas) and will not incur any liability as a result of any similarities that may appear in future People Analytics operations or Contents. Except as noted below in this paragraph, People Analytics will be entitled to use the Submission for any commercial or other purpose whatsoever without compensation to you or any other person sending the Submission. You agree to indemnify, defend and hold People Analytics harmless for any liability arising due to the use or distribution of those materials. You further grant People Analytics the right to use your name in connection with the reproduction or distribution of such material.
Personally identifiable information that may be received at the Site is provided voluntarily by a visitor to the Site and is governed by the terms of our Privacy Policy. You acknowledge that you are responsible for whatever material you submit, and you, not People Analytics, have full responsibility for the message, including its legality, reliability, appropriateness, originality, and copyright. You are prohibited from posting or transmitting to or from this site any unlawful, threatening, libelous, defamatory, obscene, pornographic, or other material that would violate any law. If applicable, People Analytics reserves the right to delete, move or edit messages that it, in its sole discretion, deems abusive, defamatory, obscene, in violation of copyright or trademark laws, or otherwise unacceptable, and you waive any moral rights you may have in having the material altered or changed in a manner not agreeable to you in favor of People Analytics.
Jurisdiction
Except as otherwise described, all Contents on the Site are made available only to provide information about People Analytics and its services. People Analytics controls and operates the site and makes no representation that the Contents on such Site are appropriate or available for use in other locations. Other People Analytics Sites may be controlled, operated, and may be subject to the laws of the country in which they are controlled and operated. If you use the Site from a location other than the location where the site is controlled and operated, you are responsible for compliance with applicable local laws.
Disclaimer
All information or advice provided as part of this Site is intended to be general in nature and you should not rely on it in connection with the making of any decision. People Analytics tries to ensure that all information provided as part of this Site is correct at the time of inclusion on the Site but does not guarantee the accuracy or completeness of such information. The contents on the site are provided "as is" and “as available” and without warranties of any kind either expressed or implied, to the fullest extent permissible pursuant to applicable law. People Analytics disclaims all warranties of merchantability, non-infringement and fitness for a particular purpose.
People Analytics does not warrant that the functions contained in the contents will be uninterrupted or error-free, that defects will be corrected, or that the site, or the servers that make them available, are free of viruses or other harmful components.
People Analytics does not warrant or make any representations regarding the use of or the results of the use of the contents on the site in terms of their correctness, accuracy, reliability, or otherwise. People Analytics makes no commitment to update the materials on the site. You (and not People Analytics) assume the entire cost of all necessary servicing, repair or correction. The above exclusion may not apply to you, to the extent that applicable law may not allow the exclusion of implied warranties. Further, information contained on the site is for informational purposes only and should not be relied upon for any purpose. People Analytics shall not be liable for any results obtained or not obtained as a consequence of the use of the information contained on the site. The contents on the site could include technical inaccuracies or typographical errors. Also, People Analytics may make changes or improvements to the site at any time.
Should any part of this Site offer you the opportunity to join in or read from a forum, please be aware that any communications posted on the forum represent the views of the individual who posted such communication and are not to be taken as the views of People Analytics. People Analytics accepts no responsibility or liability for anything posted on a forum by any user of the forum. You may not use the forum to post, upload, or otherwise transmit information or pictures that are defamatory, a breach of privacy or otherwise unlawful. People Analytics reserves the right to monitor any information transmitted or received through any forum. People Analytics, at its sole discretion and without prior notice, may at any time review, remove or otherwise block any materials posted.
Any reference to People Analytics or the information contained on the site for commercial purposes, including citation in any advertising, sales collateral or other marketing materials, is strictly prohibited without written consent from People Analytics.
Some jurisdictions prohibit the disclaimer of certain warranties or conditions or the limitation of certain types of liability. In such circumstances, to the extent that such prohibitions prohibit any exclusions and limitations in these terms and conditions, such exclusions and limitations will not apply to you strictly to the extent necessary to make these terms and conditions consistent with such prohibitions.
Termination
People Analytics or you may terminate this agreement at any time. You may terminate this agreement by destroying all materials obtained from the Site and all related documentation and all copies and installations. People Analytics may terminate this agreement immediately without notice if, in its sole judgment, you breach any of these terms or conditions. Upon termination, you must destroy all materials obtained from this site and all related documentation and all copies and installations. You may not access this site after termination of this agreement without the written approval of People Analytics, provided, however, that People Analytics shall retain all rights, including all copyright rights and the right to use Submissions as provided herein, and the limitations on use and treatment of the Contents shall remain in full force.
Linked sites
This Site may include links to external or third-party websites. When you follow such links the external website may appear as a full screen or in some cases it may appear within the frame of this Website. Where an external website appears within the frame of this Site, this is purely for ease of navigation back to this Site and does not indicate any responsibility on our part for the external website concerned, even if it is a website owned and operated by another People Analytics company. These links are provided for your convenience only and to help you find relevant websites, services and/or products, which may be of interest to you quickly and easily. It is your responsibility to decide whether any services and/or products available through any of these websites are suitable for your purposes.
Such external or third-party websites are accessed at your own risk and responsibility and People Analytics is not in any way responsible or liable for the owners or operators of these websites, for any goods or services they supply or for the content, use or availability of their websites. People Analytics is not responsible for the content of those sites and makes no representations whatsoever concerning the content or accuracy of, opinions expressed in or other links provided by, such other sites.
The inclusion of any link to such sites does not imply endorsement by People Analytics of the sites or any products or services referred to therein. People Analytics may terminate a link at any time. The terms of use and privacy policies applicable to such sites may be different from those applicable to the Site. If you decide to access any third party site linked to the Site, you do so entirely at your own risk and People Analytics shall have no liability for any loss or damage arising from your use of any such site.
Linking and logo policy
By linking to any page on the Site, you hereby agreed to be bound by the following terms and conditions. Except as provided in this paragraph, People Analytics prohibits site caching and the framing of any Content available through the Site.
By linking to the Site, you acknowledge and agree that, other than as set forth herein, all rights to the People Analytics trademarks or service marks used on the Site, the Content appearing on the Site and the design of the Site belong to People Analytics. You must not misrepresent your relationship with People Analytics or present false or misleading impressions about People Analytics. No links to the Site may be used in a manner that implies or suggests that People Analytics approves or endorses you, your website, or your goods and services (in all cases, except as People Analytics may have agreed separately with you in writing).
People Analytics shall have no responsibility or liability for any content appearing on your website. You agree to indemnify and defend People Analytics against all claims against People Analytics arising out of or based upon your website.
No link(s) may appear on any page on your website or within any context containing content or materials that may be interpreted as libelous, obscene or criminal, or which infringes, otherwise violates, or advocates the infringement or other violation of, any third party rights.
People Analytics reserves the right at any time and in its sole discretion to request that you remove all links or any particular link to the Site from your website. This is not a license, but subject to your compliance with the above terms, People Analytics agrees to grant you the use of the “People Analytics” and “IranPoll.com” names solely for the purpose of establishing a link to the Site as permitted hereunder.
Except for the limited permission to use the “People Analytics” and “IranPoll.com” names as set forth in this paragraph, you may not use any of People Analytics’ trademarks or service marks for any other purpose without the express written permission of People Analytics.
People Analytics may at any time, in its sole discretion, without cause, withdraw the permission granted herein to use the “People Analytics” and “IranPoll.com” names and your right to link to any pages on the Site. In such event upon request, you agree to immediately remove all links to the Site and to cease using the “People Analytics” and “IranPoll.com” names for linking purposes. Thereafter, any future links to the Site will require the express written permission of People Analytics.
People Analytics reserves the right to amend these linking terms and conditions at any time. By continuing to link to the Site, you agree to be bound to and abide by these linking terms and conditions, as well as other legal terms of use and conditions on the Site, as amended from time to time.
Code of Conduct
The use of this Site is additionally governed by the Code of Conduct:
a. You may not use the Site 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 Site.
b. You may not use the Site in any manner which could disable, overburden, damage, or impair the Site, its servers or computer network, or interfere with any other party's use and enjoyment of the Site.
c. You agree that you are responsible for your own conduct and communications while using the Site and for any consequences of that use. By way of example, and not as a limitation, you agree that when using the Website, 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 Site in connection with 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 Site 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 People Analytics prohibits such conduct and User Content in connection with the Site, you understand and agree that nonetheless you may be exposed to such conduct or User Content and that you use the Site at your own risk.
e. People Analytics reserves the right to monitor use of this Site to determine compliance with these Terms. Although People Analytics does not read, review, vet or otherwise assess User Content in advance of its posting, People Analytics reserves the right to remove any User Content and/or terminate your People Analytics User Account without notice for breach or for any other reason.
Changes to and Operation of Site
People Analytics may change the format and content of this Site at any time. People Analytics may suspend the operation of this Site for support or maintenance work, in order to update the content or for any other reason. People Analytics reserves the right to terminate access to this Site at any time and without notice
Miscellaneous
These Terms of Use will be governed and be interpreted pursuant to the laws of the Province of Ontario and Canada, notwithstanding any principles of conflicts of law. If any part of these Terms of Use is declared unlawful, void, or unenforceable, that part will be deemed severable and will not affect the validity and enforceability of any remaining provisions. Possible evidence of use of the Site for illegal purposes will be provided to law enforcement authorities.
Data retention
We will retain your personal information for the period necessary to fulfill the purposes outlined in this Terms and Conditions unless a longer retention period is required or allowed by law.
Children
The Site is not intended for children under the age of eighteen (18), and we request that children not provide personal information through the Site. If we become aware that we have collected personal information from a child under the age of 18, we will delete that information from our records.
Cross-border transfer of information
Your personal information may be stored and processed in any country, and by using our Site you consent to the transfer of information to countries outside of your country of residence.
Sensitive information
We ask that you not send us, and you not disclose to us any sensitive personal information (e.g., information related to racial or ethnic origin, political opinions, religion or other beliefs, health, criminal background, trade union membership, etc.) on or through the Site or otherwise.
Enforceability
Your use of the Site and the content and features accessed through the Site constitute your electronic signature to the agreement set out in these Terms and Conditions and your consent to enter into agreements with us electronically. This Agreement will be deemed to satisfy any writings requirements of any applicable law, notwithstanding that the agreement set out in these Terms and Conditions is written and accepted electronically. All contracts between you and us completed electronically will be deemed for all legal purposes to be in writing and legally enforceable as a signed written agreement.
Interpretation
In these Terms and Conditions, (i) the captions and headings are for convenience only and do not constitute substantive matter and are not to be construed as interpreting the contents of these Terms and Conditions, (ii) the word "including", the word "includes" and the phrase "such as", when following a general statement or term (whether or not non-limiting language such as "without limitation" or "but not limited to" or other words of similar import are used with reference thereto), is not to be construed as limiting, and the word "or" between two or more listed matters does not imply an exclusive relationship between the matters being connected, and (iii) all references to website addresses or URLs will also include any successor or replacement websites containing substantially similar information as the referenced website(s).
Waiver of rights and remedies
Our failure to insist upon or enforce strict performance of any provision of these Terms and Conditions will not be construed as a waiver of any provision or right. Neither the course of conduct between you and us nor trade practice will act to modify any provision of these Terms and Conditions. Our rights, powers and remedies in these Terms and Conditions, including without limitation the right to suspend, restrict or terminate any use of the Site, are cumulative and in addition to and not in substitution for any right, power or remedy that may be available to us at law or in equity.
Limitation period
Any cause of action you may have with respect to these Terms and Conditions or the Site must be commenced within one year after the claim or cause of action arose, or it will be barred.
Notices
Any notice, consent, waiver, approval, authorization or other communication to be delivered in connection with these Terms and Conditions
by us to you will be deemed to have been effectively and validly given if delivered or sent to any of the contact particulars then listed in your Account;
by you to us will only be deemed to have been effectively and validly given if in writing and delivered or submitted to the Chief Executive Officer.
Assignment and inurement
We may at any time assign our rights and obligations under these Terms and Conditions, in whole or in part, without notice to you. You may not assign these Terms and Conditions without our prior, written consent. These Terms and Conditions will inure to the benefit of and bind you and us and our respective personal and legal representatives, successors and permitted assigns.
Relationship
You agree that no joint venture, partnership, fiduciary, employment or agency relationship exists between us and you as a result of these Terms and Conditions or use of the Site.
Force Majeure
Neither party will be responsible for a failure to fulfil its obligations under these Terms and Conditions or for delay in doing so if such failure or delay is due to circumstances beyond its reasonable control, such as acts of nature, acts of government, war, riots, strikes and accidents in transportation, but excluding a lack of financing, cash or credit.
Entire Agreement
These Terms and Conditions, as amended from time to time, including any and all documents, websites, rules, terms and policies referenced herein, including but not limited to the Privacy Policy, constitutes the entire agreement between us and you with respect to the matters referred to in these Terms and Conditions and supersedes all prior and contemporaneous agreements and understandings, whether electronic, oral or written, between us and you with respect to such matters.
English Language
The parties have requested and agree that these Terms and Conditions and all documents relating thereto be drawn up in English. Les parties ont demandé que cette convention ainsi que tous les documents qui s'y rattachent soient rédigés en anglais.
Updates to our Terms and Conditions
We may change this Terms and Conditions. Any changes will become effective when we post the revised Terms and Conditions on the Site. Your use of the Site following these changes means that you accept the revised Terms and Conditions. You are responsible for regularly reviewing the Site to obtain timely notice of such amendments.
Contacting us
If you have any questions about this Privacy Policy, please contact us.
Please note that online communications are not always secure; so please do not include sensitive information in your inquiry to us.