The following is the Terms of Use and Privacy Policy NBFORFRENCH.CA (“Site”) managed by Parents for Bilingual Education (PFBE), a registered charity operating in Canada (“Terms & Policy”).
By continuing to review, navigate or use the Site, or otherwise accept the Terms & Policy, You have entered into an agreement with PFBE on behalf of yourself and users (individuals and entities) over which You have legal authority to consent to the use of the Site on their behalf. The agreement sets out the terms and conditions for You to access and/or use PFBE’s Site and other services offered by PFBE as they relate to the Site. The use of other websites operated by PFBE, and other services offered by PFBE through those websites is governed by distinct terms of use and privacy policies as posted to those websites.
By using the Site and/or other PFBE services, You agree to abide by the terms and conditions in these Terms & Policy on your own behalf and on behalf of users over whom you have legal authority to consent to the use of the Site on their behalf. If You do not accept the Terms & Policy, then do not use the Site, or purchase PFBE services accessed through the Site.
These Terms & Policy may change from time to time. While it is generally your responsibility to check for such updates, PFBE will provide notice of updates as specifically set out in the Terms & Policy, or as otherwise required by law.
Please note that these Terms & Policy are not an agreement between You and others over which you have no legal authority in respect of the use of the Site. You, do agree, however, to respect certain rights of providers, visitors and users of the Site as part of these Terms & Policy.
If you are not sure you understand the Terms & Policy as written in the English and French language, we recommend that you obtain assistance to translate the Terms & Policy before continuing to visit and/or use the Site, or otherwise provide your consent for PFBE to collect your personal information. For any questions or inquiries regarding the collection and handling of personal information by PFBE, please contact the PFBE representative identified in our Privacy Policy.
One of PFBE’s top priorities is making sure that your personal information/data is safe. Please review PFBE’s Privacy Policy, which further governs your use of the Site as part of our agreement under these Terms of Use.
PFBE has no obligation to monitor the Site beyond what it may be required to do so in law. You agree, however, that PFBE has the right to monitor the Site electronically from time to time and to disclose any information, in accordance with PFBE’s Privacy Policy, as necessary to satisfy any law, regulation, or other governmental request, to operate this Site properly, or to protect itself and its account holders. PFBE also reserves the right to refuse to allow submissions, or to remove any content or materials (information), which it considers to be, in whole or in part, in violation of these Terms & Policy.
2.1 Site Mandate
The Site was established by PFBE to “further bilingualism by promoting and creating opportunities to learn and use French for all those who call Canada home.”
2.2 Your Rights to Use the Site
Anyone can navigate certain parts of the Site for information purposes only. To access the full range of PFBE services made available through the Site from time to time, you must be a Canadian resident and set up an account.
Once you set up an account, and subject to your compliance with these Terms of Use, PFBE grants You the personal and non-transferrable rights to review, navigate and use the Site, and other PFBE services, to inform yourself of PFBE’s offerings and to participate in the PFBE platform and community of learners, teachers, professionals and other supporters of the Site mandate. As a participant in the PFBE platform offered through the Site, you acknowledge and accept, depending on your place of residency, location when accessing the Site, or the availability of online services, that You may not have access to all of the features and offerings made available through the Site, some or all of the time.
For the information of visitors to the Site, who do not reside in Canada, You are only permitted to access certain information on the Site, but not to set up an account to access the full range of PFBE services made available to residents in Canada through the Site.
2.3 Your Relationship with PFBE
You agree that your use of the Site and/or participation in the PFBE platform and community does not create an employment relationship between You and PFBE.
2.4 Your Participation in the PFBE Community
By using the Site you are choosing to become part of the PFBE community. When you navigate to websites operated by providers, or other third parties from the Site you agree that PFBE has no control over the content and management of those websites including how personal information you choose to share through those sites is handled.
Rights not expressly granted to You in the Terms & Policy are reserved and retained by PFBE, or its licensors, suppliers, rights holders, or other content contributors. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit PFBE offerings, including without limitation the Site, for any purpose not explicitly set out on the Site or in these Terms of Use, without the express written consent of PFBE. You also agree to apply the same conduct in respect of the websites, content and offerings of providers represented on or who are part of the PFBE platform and greater community.
Any misuse of the Site, PFBE offerings, content and offerings made by providers and members of the PFBE community, as well as abusive behaviours when using the Site, may result in the cancellation of your account, restrict your access to the Site, and lead to legal sanctions.
PFBE strives to be as accurate as possible when describing its services to guide the navigation of the Site and users when participating in the PFBE community, however, PFBE does not warrant that descriptions of the PFBE services or other content related to PFBE services is complete or error-free. PFBE is not liable for the accuracy of third party information on the Site from providers, nor for any loss or damages you may sustain from using such information.
PFBE reserves the right, in its sole discretion, to modify, update, change, adjust or otherwise make amendments, at any time, and without prior written notice to You, to its descriptions of the PFBE services for any reason whatsoever, including, without limitation to address errors, product and service discontinuation, changing user requirements, or any other operational, or regulatory factors.
PFBE does not represent or warrant that all PFBE or provider services will be available to You through this Site at any given point in time. While the Site can be accessed worldwide, You understand that, due to governmental restrictions, some or all of the services may not be available when connecting to the internet in certain jurisdictions or geographical areas. Where jurisdictional limitations affect You and your ability to access services, You agree not to attempt to redirect CPF services from other jurisdictions to You and acknowledge that any initiative on your part to do so may be unlawful, and expose You to legal sanctions.
Similarly, offerings made available by providers and other third parties as may be accessed through the Site, may not always be available to You and PFBE has no control to compel the availability of such offerings. PFBE also reserves the right, in its sole discretion, to exclude or otherwise limit the provision of any PFBE services to a person or entity residing in any jurisdiction or geographical area where such restrictions apply.
To use the Site to its full capability, Canadian residents may choose to set up an account, including a profile. In doing so, You confirm that you are of age according to prescribed age of majority requirements where you reside in Canada and are competent to set up an account with PFBE, and provide your consent as required by these Terms & Policy. Should PFBE at any time make paid offerings available through the Site, payment information and permission to use your payment information will be sought.
If You create a profile/account on the Site, or through the Site create a profile/account on any other online website or platform, You are responsible for maintaining the confidentiality of your account information, such as your password and not allowing any other person to access your profile/account.
Upon setting up an account with PFBE You will by necessity be consenting to receiving certain electronic communications relating to the good administration of your account. Additionally, you will be asked to provide consent to receiving electronic communications regarding new content, surveys, offers, advertisements and other related matters by PFBE. These communications will be made within your account (e.g. on a personalized dashboard) or to the email address you provide, in accordance with the Privacy Policy. If You initially accept to receive electronic communications from PFBE, and subsequently decide that you no longer wish to receive some or all of the electronic communications previously consented to, You should advise PFBE as soon as possible following the protocol set out in the Privacy Policy.
If You have a grievance or a dispute arises between us, PFBE is committed to finding an efficient and satisfactory solution and is available to work with You to achieve such an outcome through our customer support channels. In the event, that a dispute cannot be resolved between us, additional terms are set out in these Terms of Use to guide formal and legal processes for the resolution of disputes.
You will be the authorized account subscriber and individual that PFBE will interact with to resolve disputes, if you are a natural person who is assigned the email address by an Internet access provider, on-line service provider, or other organization, which is responsible for assigning email addresses or the domain associated with the submitted email address. You as the authorized subscriber of the email account at the actual time of enrollment will be deemed to control the account and ensure compliance with these Terms of Use. PFBE reserves the right to prosecute any fraudulent activities relating to or involving the use of the Site to the full extent of the law.
PFBE does not moderate disputes arising between You and other participants in the PFBE platform and community. You agree not to hold PFBE responsible or liable for any damages you may suffer from your interactions with others through the Site and/or once you have transacted to receive the services of providers accessed through the Site.
When You choose to use the Site You agree to accept the following limitations.
7.1 Warranties and Advertising
You agree that PFBE is not responsible for providing warranties or guarantees regarding the quality, fitness for purpose, delivery of, or for your overall satisfaction with respect to any services as offered and delivered through the Site. You also agree that PFBE is not responsible for ensuring the advertising of services by providers on the Site is accurate or not misleading.
7.2 Your Obligation to Make Diligent Inquiries
You undertake to make your own diligent inquiries before agreeing to engage services of any third party through the Site.
PFBE recommends that as part of your diligent inquiries You inform yourself, without limitation, about providers and their offerings. There are many aspects to a business relationship and how they may impact You will depend on your specific circumstances, the jurisdiction where you reside and from where you are receiving services. You agree that You alone are responsible for informing yourself about matters relevant to You, that PFBE is not obligated to provide You with such information, and that PFBE is not liable for any damages you suffer from interacting with providers or other users of the Site.
Third party offerings will be provided according to their own terms of use and standards. Therefore, any concerns over the security or privacy of the services You consider receiving from a provider through the Site may require You to also consider which third party services You are comfortable using and which ones You are not.
7.3 PFBE Services Provided “As Is” and “As Available”
The PFBE services, and all information, content, and materials offered by PFBE through the Site are provided on an “as is” and “as available” basis, unless otherwise specified in writing. PFBE makes no representations or warranties of any kind, express or implied, as to the operation of the Site, or fitness for purpose of its other PFBE services to the full extent permitted by law. For greater clarity, and by way of example, PFBE does not guarantee that the Site is free of defects, viruses, malware, spyware or other harmful elements that may negatively impact the operation of your devices, information technology systems, or lead to a breach of your personal and other sensitive information, despite PFBE’s commercially diligent efforts to apply technologies to reduce these risks.
7.4 Third Party Sites
PFBE makes no representations whatsoever about any other third party website or platform (“Third Party Site”) which You may access through the PFBE Site, whether or not said Third Party Site is controlled by a provider listed on the Site. When You access a Third Party Site, You understand and acknowledge that it is operated by a person or legal entity that is independent from PFBE, and that PFBE has no control over the content on any such Third Party Site. In addition, a link to a Third Party Site does not mean that PFBE endorses or accepts any responsibility (liability) for the content, or the use of that Third Party Site. You are encouraged to review the terms of use and privacy policies of Third Party Sites and it is your responsibility to take precautions to ensure that whatever You decide to do at or through the Site and Third Party Sites, that you take your own precautions to protect against viruses, worms, trojans, and other items of a harmful nature to devices, information technology systems and your information.
7.5. PFBE Release from Liability
You agree that your use of the Site and PFBE Services is at your sole risk, without exception. You more specifically agree, without limitation, that PFBE does not assume any responsibility for and is hereby released from any liability for any potential harm or damages You may experience for any computer, telephone, cable, network, satellite, electronic, or internet hardware or software malfunctions, failures, connections, or garbled or jumbled transmissions, or service provider/internet/website use (in)accessibility, or (un)availability, traffic congestion, or unauthorized human intervention in your affairs, or with your property. PFBE will also not be liable for any damages of any kind arising from the use of the Site or any PFBE services, or from any information, content, materials, other goods or other services included on, or otherwise made available to You through the Site, or in association with PFBE services, including, but not limited to, direct, indirect, incidental, punitive, and consequential damages, unless otherwise specified in writing.
You agree to defend, indemnify, release and hold PFBE (which includes its affiliates and related companies) harmless from any and all liabilities, costs, and expenses, including reasonable legal fees, related to the violation of these Terms of Use by You in connection with the use of the Site, and use of PFBE services. This includes, without limitation, all claims resulting in connection with the services, content and materials accessed via the Site and when interacting with providers through the Site or in any other forum, medium or context.
You acknowledge that PFBE holds a variety of intellectual property rights important to its ability to offer You the Site and other PFBE services through the Site, including without limitation the domain “NBFORFRENCH.CA”, copyrights and trademarks.
Information/materials published or otherwise provided by PFBE at the Site, or through PFBE social media channels, including, but not limited to, news articles, text, photographs, images, illustrations, audio clips, video clips, software, and other information/materials (the “Content”) are protected by Canadian and international copyright laws, and are owned, held or otherwise controlled by PFBE, or others PFBE has received permissions from to copy.
The trademarks (word and service marks), logos and designs, domains, hash tags, other tags, icons and branding elements, including but not limited to PFBE PARENTS FOR BILINGUAL EDUCATION, identifying or used in association with the services PFBE offers (collectively the “Trademark(s)”), as may or may not be displayed on the Site, are registered and unregistered Trademarks of PFBE and others. Unless expressly permitted by PFBE in writing, nothing contained on the Site should be construed as granting any right to use any Trademark displayed on the Site without the express written permission of PFBE or the third party that may own the Trademark(s).
Your use of any Trademark(s), or other Content on the Site, except as provided in these Terms of Use, is prohibited. Accordingly, You agree not to copy Content without the written permission of PBFE or the rightful copyright controller. Similarly, You agree to respect copyright laws and notices with respect to other content accessed at the Site (e.g. content provided by You and other participants in the PFBE community), or through the Site at Third Party Sites.
Any contravention of the copyrights or trademark rights of PFBE or a third party by You could result in significant damages and liabilities and lead to legal action being taken to seek all remedies available in law, including civil remedies and criminal prosecution.
When You use the Site, other PFBE services, post to PFBE social media channels, or send email to PFBE, You are communicating with PFBE and possibly with others in the PFBE community electronically. This gives rise to certain rights and obligations for the various parties involved with these communications.
9.1 Communications from PFBE to You
When you are communicating with PFBE directly or indirectly through the Site, by email or through other platforms, such as social media, You consent to receive communications from PFBE electronically. If at any time You wish to cease receiving commercial electronic messages from PFBE please use the unsubscribe option in messages sent to you or contact us using the information provided in our Privacy Policy.
PFBE will communicate with You by email or by posting notices on the Site or through other forums and platforms used to communicate regarding PFBE services. You agree that all agreements, notices, disclosures, and other communications that PFBE provides to you electronically satisfy any legal requirement that such communications be in writing.
9.2 Communications from You to PFBE
PFBE may, at its sole discretion from time to time, allow You to submit reviews, comments, photos, suggestions, ideas, questions, or other information through the Site and its social media channels. You may also be able to do the same on PFBE social media channels related to the Site. Should any content you provide be illegal, obscene, threatening, defamatory, invasive of privacy, infringe on intellectual property rights, or otherwise be harmful to third parties and/or the Site, PFBE reserves the right to remove content and/or discontinue your access to the Site and related social media channels.
For example, posting or uploading content to the Site that has malicious software, or false/misleading information would be considered to be harmful to the Site, PFBE and PFBE community. PFBE reserves the right, but without necessarily having the obligation unless required by law, to remove such content.
9.3 Rights to Use Content in Communications from You to PFBE
If You submit content to the Site, or submit content directly to PFBE for posting to the Site, You grant PFBE a nonexclusive, royalty-free, perpetual, irrevocable, and fully sub-licensable right to use, produce, reproduce, modify, adapt, publish, perform, translate, create derivative works from, distribute, communicate to the public by telecommunications and display such content throughout the world in any media, unless such a grant is otherwise expressly limited in these Terms & Policy, or prohibited by law. You also grant PFBE and its sub-licencees the right to use the name that You submit in connection with such content, unless such a grant is prohibited by law. You represent and warrant that: i) You own, have an unrestricted license, or otherwise control all the rights to the content that You post; ii) the content is accurate; and iii) use of the content You supply does not violate the Terms & Policy.
9.4 Communicating with the PFBE Community and Posting Reviews
When You engage through the Site or related social media channels with the PFBE community, You agree to communicate respectfully and consistent with the values and prescriptions of applicable human rights laws and in a manner consistent with ensuring the Site remains a safe forum for participants. You agree to relay your experience and views with integrity and not to misrepresent the facts You choose to share, or to otherwise mislead participants in the PFBE community about your experience receiving services from the Site and/or from providers.
9.5 Sensitive Content in Communications
You agree that You alone are responsible for ensuring content you submit to the Site or related social media channels does not include personal or sensitive information that You do not want to risk making publicly known, or is otherwise only provided under binding obligations of confidentiality through the private channels made available through the Site.
You acknowledge and agree that if information you intended to keep private or confidential is posted by you into public or semi-public forums and channels online, that you may lose the ability to retract or limit the degree to which such information is disseminated and will not hold PFBE responsible under these circumstances.
If You are dissatisfied with the Site or with any terms, conditions, rules, policies, guidelines, or practices of PFBE (e.g. the Terms & Policy), your sole and exclusive remedy, unless otherwise expressly stated in these Terms of Use, or available in law, is to discontinue using the Site, and/or follow the process(es), which apply to your circumstances in accordance with the Privacy Policy.
These Terms of Use shall be governed by and construed in accordance with the laws of the Province of Ontario and the applicable federal laws of Canada, excluding the application of conflict of laws rules which may dictate the application of the law of another legal jurisdiction. If You reside in other provinces or territories of Canada, You may, nonetheless, have certain rights and obligations which cannot be limited by way of this agreement between You and PFBE. You agree that is your responsibility to inform yourself of all of your rights and obligations in respect of this agreement.
In the event of a dispute, You agree that any formal actions will proceed in a court of competent jurisdiction in Ottawa, Ontario. Unless otherwise prescribed by law, You agree to waive any right You may have to commence or participate in any class action against PFBE related to the Site, the use of PFBE services or the Terms & Policy.
These Terms of Use (Terms & Policy), including any and all documents (e.g. policies and programs) referenced, constitutes the entire agreement between PFBE and You pertaining to the subject matter of these Terms of Use. PFBE’s failure to insist upon or enforce the performance of any provision of these Terms of Use will not be construed as a waiver of any provisions or right. If any of the provisions contained in this Terms of Use are determined to be void, invalid, or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the enforceability of the remaining provisions.
PFBE reserves the right to modify, supplement or supersede these Terms of Use at its sole option, at any time and without prior written notice to You. These Terms of Use will also be for the benefit of and be binding upon You and your respective heirs, administrators, executors, and successors.
