Privacy Policy & Terms of Use

<div class="container_title"><h1>Privacy Policy & Terms of Use</h1></div><div class="container_content"> 
 
 
 
 
 
 
 </div><pd4ml-page-break><div class="container_title"><h1>Privacy Policy</h1></div><div class="container_content">https://www.canolacouncil.org/privacy-policy/</div><pd4ml-page-break><div class="container_title"><h1>Terms of Use</h1></div><div class="container_content">Last updated 2023-06-26
ACCEPTANCE OF THE TERMS OF USE
Please read these terms and conditions of use carefully before registering to use, or using, the Canola 4R Advantage Digital Portal (“System”) provided by the Canola Council of Canada (“CCC”). By continuing to use the System, you, the person accessing the System (“you” or “your”), conclusively agree to comply with and be bound by all of the terms and conditions set out below.
If you disagree with all or any part of these terms of use, you must not use the System.
By using the System, you also accept the CCC’s Privacy Policy which governs the CCC’s collection, use and disclosure of the personal information. You can find CCC’s Privacy Policy <a href="https://www.canolacouncil.org/privacy-policy/">here</a>.
CHANGES TO THE TERMS OF USE
The CCC may change these Terms of Use from time to time without notice to you. The CCC is not required to notify you of any change to the Terms of Use. Any change to the Terms of Use will be effective once the updated Terms of Use are posted on the System. It is your responsibility to review these Terms of Use regularly. By using the System, you automatically agree to the updated Terms of Use.   
YOUR AUTHORITY TO USE THE SYSTEM
By using the System, you represent that you have the legal capacity to accept these Terms of Use and can and do assume any risks related to the use of the System and its content and that you understand and accept the terms, conditions and risks relating to their use. If you are dissatisfied with the System or its content, your sole and exclusive remedy is to stop using it. 
LIMITATION OF LIABILITY
The CCC and its directors, officers, employees, or agents shall not, under any circumstances, be liable for any direct, consequential, incidental, indirect or special damages, of any kind, or any other damages whatsoever, including without limitation, those arising from any decision made or action taken by you in reliance upon the content or those resulting from loss of use, data or profits, whether resulting from the use of or inability to use any content on or made available through the System (or a website linked to the System), or any other cause; and even if caused by the CCC’s or its service providers’ negligence, and even if any of them has been apprised of the likelihood of such damages occurring. 
The above limitations and exclusions shall apply to you to the fullest extent that applicable law permits, in all actions of any kind, whether based on contract, tort (including, without limitation, negligence) or any other legal or equitable theory. Any clause declared invalid shall be deemed severable and not affect the validity or enforceability of the remainder of these terms of use. 
NO WARRANTY OR REPRESENTATION
The content on or made available through the System is provided to you “as is” and “as available” without representation, warranty or condition of any kind, either express, implied, or statutory including, but not limited to, implied representations, warranties or conditions of merchantability, fitness for a particular purpose, durability, title, non-infringement of intellectual property rights, or inter-operability of products and services. The CCC assumes no responsibility to you or any third party for the consequences of any errors or omissions.
THIRD PARTY LINKS
The CCC has no control over and assumes no responsibility for the content, privacy policies, or practices of any third-party website or service. You further acknowledge and agree that the CCC shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any such content, goods or services available on or through any such websites or services. 
The privacy policies and procedures described here do not apply to those websites. You are responsible for accessing these websites directly for information on their data collection, use and disclosure policies. Your linking to such websites or pages is at your own risk. The CCC is not responsible for the accuracy or reliability of any information, data, opinions, advice, or statements made on these sites. The CCC provides these links merely as a convenience. The inclusion of such links does not imply that the CCC endorses or accepts any responsibility for the content or uses of such websites. 
TRADEMARKS
You are not permitted to use any of the trademarks (whether registered or unregistered) displayed on the System without the prior written consent of CCC, or the third party that owns the trademarks. 
SYSTEM ACCESS AND USER ACCOUNTS
The System provides a single-entry point for registered individuals to make and track the status of their Submissions, manage any approved application(s) and submit claims and reports (as required). Certain communications with the CCC may also take place via the System. The System operates on a SmartSimple Software Inc. (“SmartSimple”) platform, running on servers located in Canada that are provided by Amazon Web Services Inc. (“AWS”).
Only authorized persons can log in to the System. You must create a user account (“User Account”), with login name (email address) and password, in order to access and use the System to make Submissions. You must keep the information relating to your User Account updated at all times.
You are solely responsible and liable for maintaining the security of your login and password and for any use or misuse of your User Account. You must not: a) transfer your User Account or permit any third-party to use your login name or password; b) divulge, share or compromise your User Account password; c) use or attempt to use the login name of any other person; d) test or examine the security related to your or any other person’s User Account; e) take any action that might reasonably be construed as interfering with, compromising, altering or rendering ineffective the System; or f) decompile, disassemble or reverse engineer the System.
You must immediately notify the CCC if you know or suspect that your login name and/or password have been: a) lost or stolen; b) used without authorization; or c) compromised.
Your access to the System is permitted under a limited, non-exclusive license solely for the purpose of making and managing your Submission(s) and managing your funding application(s). This license begins upon your first access to the System and ends immediately upon the termination of your User Account. All User Accounts are the property of the CCC and may be suspended or cancelled by the CCC at any time and for any reason without any notice or liability to you or any other person.
SUBMISSIONS
Using your User Account, you may make a Submission on your own behalf or on behalf of an organization that you are authorized to represent. All Submissions that you have made using the System will be linked to your personal User Account.
Your Submission must not contain: 1) any materials that infringe upon or violate the intellectual property rights of others; 2) any libelous or slanderous materials; or 3) any personal information unless you have that person’s express consent to include it in your Submission and to allow the CCC to indirectly collect this personal information by way of the Submission.
PROTECTING INFORMATION
We have reasonable security measures to protect against the loss, misuse and interception by third parties of the information under our control. However, complete confidentiality and security are not yet possible over the Internet. The CCC assumes no liability for any damages you may suffer due to loss, interception, alteration or misuse of the information you provide the CCC or any information transmitted over the Internet. 
WEBSITE MODIFICATION
The CCC may change the System, including eliminating or discontinuing any content on or made available through the System, at any time. 
VIOLATIONS OF TERMS OF USE
The CCC reserves the right to seek all remedies available at law and in equity for violations of these Terms of Use, including the right to block access from a particular Internet address to the System. 
OTHER PROVINCES OR COUNTRIES
The System can be accessed from countries other than Canada and contains references to CCC services and programs not available in your province or country. These references do not imply that CCC intends to announce such services or programs in your province or country. The CCC makes no representation that the content on the System is appropriate or available for use in locations other than Canada, and accessing the System from territories where its content is illegal is prohibited. Those who choose to access the System from other locations do so on their initiative and at their own risk and are responsible for compliance with local laws. 
GOVERNING LAWS
Your use of the System is governed by the laws of the Province of Manitoba and the federal laws of Canada, as applicable, without regard to the conflicts of laws principles. You and the CCC hereby submit to the exclusive personal jurisdiction and venue of the courts of the Province of Manitoba concerning any matters arising in connection with these Terms of Use. 
SEVERABILITY
If any provision of these Terms of Use is held to be unenforceable or invalid, such provision will be changed and interpreted to accomplish the objectives of such provision to the greatest extent possible under applicable law and the remaining provisions will continue in full force and effect. 
INDEMNIFICATION
You agree to defend, indemnify and hold the CCC, its employees, agents and other representatives harmless from any and all liabilities, costs and expenses, including reasonable legal fees, arising from any act or omission, or violation of these terms and conditions, by you or in any way connected to your access to or use of the System.
WAIVER
The failure to exercise a right or to require performance of an obligation under these Terms of Use shall not affect a party’s ability to exercise such right or require such performance at any time thereafter nor shall be the waiver of a breach constitute a waiver of any subsequent breach. 
HOW TO CONTACT US
If you have any questions about these Terms of Use, you can contact the CCC at:
400-167 Lombard Avenue, Winnipeg, MB R3B 0T6 
<a href="mailto:4RAdvantage@canolacouncil.org">4RAdvantage@canolacouncil.org</a> 
(204) 982-2121
YOU ACKNOWLEDGE THAT YOU HAVE READ THESE TERMS OF USE, UNDERSTAND THEM AND AGREE TO BE BOUND BY ALL OF THE TERMS AND CONDITIONS IN THESE TERMS OF USE.

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