THE EMPLOYEE RECOMMENDED WORKPLACE AWARD WEBSITE (“WEBSITE”) IS PROPRIETARY TO MORNEAU SHEPELL LTD. (“MSL”) AND ITS AFFILIATES AND SERVICE PROVIDERS. THE WEBSITE INVOLVES SURVEYS, REPORTS AND RECOMMENDATIONS ABOUT THE PHYSICAL, MENTAL, WORKPLACE AND LIFE COMPONENTS OF YOUR HEALTH. IT IS OFFERED TO ELIGIBLE USERS PURSUANT TO EMPLOYEE SURVEY OR EMPLOYER QUESTIONNAIRE. THIS WEBSITE MAY NOT BE USED OR ACCESSED OTHER THAN IN ACCORDANCE WITH THESE TERMS OF USE SO THEY SHOULD BE READ CAREFULLY. IF YOU DO NOT AGREE WITH THE FOLLOWING TERMS OF USE, THEN YOU MAY NOT ACCESS OR USE THIS WEBSITE. YOUR USE OF THIS WEBSITE CONSTITUTES YOUR ACCEPTANCE OF THESE TERMS OF USE IN THEIR ENTIRETY INCLUDING THE ACCEPTABLE USE POLICY.

ACCESS TO THE SITE AND SERVICES

Subject to your compliance with these Terms of Use, MSL grants you a non-exclusive, personal, non-transferrable, limited license solely to use the Website for your own internal, non-commercial purposes.

USER WARRANTIES

You understand that you are solely responsible for all content and information that you provide including any personal information (hereinafter collectively referred to as the “User Material”). You warrant and guarantee that you have and will continue to have the rights and authority required to use and authorize MSL and The Globe and Mail Inc. (“The Globe and Mail”) to use the User Material and that such usage (a) will not under any circumstance infringe on the intellectual property rights of a third party or any law or regulation, and (b) will not affect usage for other clients using the Website.

NO REPRESENTATIONS OR WARRANTIES

MSL has made efforts respecting the service, security, confidentiality and correctness of the information provided on the Website. However, MSL cannot, and does not provide any representation, warranty or guarantee whatsoever with respect to the information including its completeness, reliability or accuracy.   MSL also makes no warranty that the Website will be available uninterrupted in a timely, secure or error-free manner. MSL offers no warranty whatsoever with regards to any information, content, recommendation or advice made available or supplied to you via the Website.

PRIVACY

From time to time, you may provide MSL and The Globe and Mail with personal information. By using this Website, you consent to such use of your personal information by MSL and The Globe and Mail. For more information about MSL’s privacy practices, see the Privacy Policy. MSL and The Globe and Mail is compliant with the Personal Information Protection and Electronic Documents Act (“PIPEDA”) and governing provincial acts and regulations.

LIABILITY LIMITATIONS

In no event shall MSL, The Globe and Mail, and/or either of its parent, affiliates, subsidiaries, related entities, or its service providers or their respective directors, officers, agents or employees (collectively referred to herein as "Releasees") be responsible or liable for any damages whatsoever arising out of or in connection with your use of this Website. This Website is available on "as is" basis without warranty of any kind, whether express, implied or collateral, or whether arising by course of dealing or custom or usage of trade, including without limitation, all warranties and conditions of fitness for a particular purpose, merchantability, or that the Website and information contained therein is up to date, accurate, virus free or error free or that errors can or will be corrected. Any responsibility or liability for damages caused to computer systems, software or electronic files by any intrusive forces, such as viruses and the like are hereby disclaimed.

The Website is provided to you through circumstances not under the control of MSL.  Without limiting the generality of the foregoing, the Releasees will under no circumstances be held liable or responsible for any delay or failure in the performance of the Website resulting directly or indirectly from acts of nature, or causes beyond its reasonable control, including without limitation, internet failures, computer equipment failures, telecommunication failures, other equipment failures, electrical power failures, satellite failures, strikes, labour disputes, riots, insurrections, civil disturbances, shortages of labour or materials, fires, floods, storms, explosions, acts of God, war, governmental actions and orders of domestic or foreign courts or tribunals.

The Website may at any time be temporarily unavailable, inaccessible or inoperable for any reason from time to time, including periodic maintenance, repairs and disruptions as described above. While MSL will make every reasonable effort to minimize such downtimes, MSL cannot guarantee 100% availability of the Website.

INDEMNIFICATION

You understand and agree that you are personally responsible for your use of this Website and you agree to use this Website for only lawful purposes and in accordance with the Acceptable Use Policy. You further agree to indemnify, defend and save harmless MSL and The Globe and Mail from and against all claims, losses, expense, damages and costs (including, but not limited to, direct, incidental, consequential, exemplary and indirect damages), and reasonable legal fees, resulting from or arising out of your use, misuse, or inability to use this Website or any violation by you of these Terms of Use.

E-MAIL

E-mail communications that are not encrypted can be intercepted and accordingly MSL nor The Globe and Mail are responsible for any losses, damage or breaches of confidentiality that may arise in connection with email communications.

PASSWORD, ACCESS AND DATA

You agree to take all steps necessary to protect the secrecy of your password and prevent the unauthorized access to this Website and your data. MSL and The Globe and Mail are not liable in the event you provide any unauthorized access to this Website or your data, do not adequately protect the secrecy of your password or post messages which are visible to other users. You agree to accept responsibility for all activities that occur under your member identification and password. You acknowledge that MSL reserves the right, in its sole discretion, to delete any files, programs, data and email or terminate your access to this Website, for any reason without notice.

PCI

This Website is PCI compliant. Please refer to the Privacy Policy for security details.

HYPERLINKS/LINKS

Links provided on this Website are provided for convenience only and the contents of other linked websites are not investigated, verified, monitored, endorsed or guaranteed for correctness or the absence of viruses or similar forces of a disruptive nature. Any damages to computer systems, software or electronic files are disclaimed by MSL. Links with this Website may only be established with the prior written consent of MSL.

REFERRALS TO THIRD PARTIES, LINKS AND ARTICLES

MSL takes no responsibility in reviewing the content, quality or reliability of any other Website. Any information and referrals provided through this Website are considered referrals to resources only. MSL does not necessarily endorse or recommend the services, providers or products presented within the resources.

AWARD INFORMATION

The contents of this Website are for information purposes and should not be used as the only course of action for an individual with legal, financial, medical, mental health or any other concerns.  It is not intended to be a substitute for professional, legal or financial advice or medical advice, diagnosis, or treatment. Always seek the advice of a qualified expert such as a lawyer, accountant, physician or other qualified health provider.

Without limiting the generality of the foregoing, MSL nor The Globe and Mail are not responsible for any health or medical conditions arising from or attributable to your use of the reports, survey results or contents on this Website. You are strongly advised to consult with the appropriate health care provider if you are changing diet, exercise or beginning any new treatment. If you are experiencing a crisis situation such as a medical emergency, feelings of suicide or danger to yourself or others, please contact the appropriate authorities immediately. Never disregard professional legal, financial or medical advice or delay in seeking it because of something you have read on this Website.  Reliance on any information provided by MSL or others appearing on the Website is solely at your own risk.  Note that your employer reserves the right to modify or terminate access to this Website at any time and You will be informed of any such event.

CHANGES TO WEBSITE

This Website will be changed periodically without any notice and these changes may include changes to these Terms of Use. Therefore you should review these Terms of Use with each new use of this Website because the continued use of this Website after any changes means that you consent to these changes and agree to be bound by them.

COPYRIGHT/RESTRICTIONS ON USE

The contents and format of this Website are protected by copyright and may not be copied or reproduced except in accordance with Canadian copyright laws and the copyright laws of other countries and jurisdictions. No one has the permission to copy, redistribute, reproduce, disclose to any third party or publish in any form the information found on this Website.

MSL grants to you limited permission to display on your computer, participate in the survey, print and download the information found in the pages of this Website for non-commercial, personal purposes only, provided that you do not modify any such content.

TRADEMARKS

You are prohibited from using any of the marks or logos appearing throughout this portal without the prior written permission from the trademark owner, except as permitted by applicable law.

GOVERNING LAW

This Website shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to the principles of conflicts of law.

ACCEPTABLE USE POLICY

  1. The Website may be used for lawful purposes only and you (“User”) are responsible for ensuring your use is in accordance with the law.
  2. If User is requested to provide information at the time of accessing the Employee Recommended Workplace Award, User must provide information that is factual, accurate, up-to-date, and complete. User must ensure that this information is always accurate, up-to-date, and complete. If User is provided a password, User is not authorized to share this password. User is not authorized to use a password belonging to another User. User is responsible for ensuring the confidentiality of their account and password. User agrees to immediately advise MSL of any non-authorized usage of passwords or accounts or all other breach of security. User also agrees to log out after every session. MSL and its service providers are not responsible for loss or damages that may occur in the event User does not comply with these requirements. User must advise MSL of any modifications to user names.
  3. Underlying technologies and software of the site and services are the property MSL or its service providers or licensors. User agrees to not copy, modify, rent, lend, sell, assign, distribute, carry out reverse engineering, grant a security interest, or otherwise transfer any right or interest in the underlying technologies or software of the site and of services. User agrees to not modify the underlying software of the site in any manner or form or use the modified versions of this software to (and not limited to) gain non-authorized access to the site. Without limiting the foregoing, User agrees to not use the site for any of the following:
    1. Slander, aggress, harass, track, threaten, or infringe, in any manner, on the rights of others;
    2. Publish, post, distribute, or circulate (collectively, “transmit”) inappropriate, profane, defamatory, misleading, non-authorized, obscene, indecent, or illegal content;
    3. Send files containing viruses, corrupt files, or other software or programs liable to damage or negatively impact the functioning of other parties’ computers, MSL sites, software, or telecommunications equipment;
    4. Advertise or offer to sell goods or services for commercial reasons unless User has first obtained written consent from MSL;
    5. Transmit surveys, contests, pyramid schemes, spam, unsolicited advertising or promotional material, chain letters, or any other form of unsolicited messages;
    6. Download a file User knows or reasonably should know cannot be obtained legally through this method;
    7. Falsify or delete copyright information, legal notices or other relevant notices, or proprietary designation or labels about the origin or source of software or other material;
    8. Limit or prevent other users from using a section of the site (with the exception of site administration needs);
    9. Hinder or impede site, server, or MSL network operations or those of its service providers;
    10. Attempt to probe, analyze, or test site vulnerability or bypass site security mechanisms;
    11. Impersonate an individual or legal entity, notably a MSL or The Globe and Mail representative, or misrepresent or deliberately falsify User reports using such an individual or entity;
    12. Falsify headers or modify identification material or other data to conceal the origin of content sent through the site or modify User’s appearance on the site;
    13. Take any action that imposes an unreasonable or disproportionately large load on MSL’s infrastructure (or that of its service providers); and
    14. Engage in illegal business activities.
  4. If the services include communication tools or services, for example message boards, chat rooms, discussion forums, messaging or communities, messaging or communication tools (collectively “Forums”), User agrees to use them solely to send and receive messages and information that are proper and related to the Forum in question.
  5. Non-authorized access to the site constitutes a failure to comply with the requirements of this Acceptable Use Policy.User agrees to only access the site through the interface provided to them by MSL. User agrees to not use automated methods, notably agents, robots, scripts, or Web crawlers to view, monitor, or copy any part of a site, unless MSL has first approved this in writing.
  6. Site usage is subject to laws and legal processes in effect. Nothing in the present agreement limits MSL’s rights to comply with requests and conditions issued from the government, the court of law, and law enforcement agencies regarding User’s usage of the site, which can include disclosing User data to the appropriate authorities.
  7. User must immediately inform MSL of any breach or security breach of which they are aware. User is responsible for ensuring that their network access system is securely configured. Through action or failure to act, User may not allow other users to use their hosting environment for illegal or inappropriate use.
  8. Although MSL reserves the right to refuse access to or review or remove User material that violates the Acceptable Use Policy, User accepts responsibility for all material posted by User. MSL is under no obligation to monitor, review, or correct User’s material and does not endorse or guarantee the accuracy or the meaning of the information.
  9. MSL is solely responsible for deciding, case by case, the measures to take in the event of a violation of the Acceptable Use Policy. MSL reserves the right to investigate any suspected or alleged violation of this Acceptable Use Policy and to take action as it deems suitable concerning these activities, including recourse to seek to recuperate costs incurred to identify offenders and prevent their access to services. MSL reserves all rights and recourses available to them at all times.
  10. User may not activate a “robot” or any similar software, bypass user authentication, or server, network, or account security, nor damage services provided to a user, server, or network.
  11. Any violation of this policy must be reported to MSL.
  12. MSL reserves the right to modify, alter, or change at any time the present Acceptable Use Policy. A modification takes effect upon notice provided to User for this purpose by posting a revised version on the Website and usage of MSL services following reception of such a notice is deemed an acceptance of the modification.
  13. It is prohibited to use IP multicast addressing other than in the manner planned and coordinated by MSL.