Terms & Conditions
In consideration of the opportunities provided by
participation in the TEC members` site each member hereby covenants and agrees
TEC Edmonton, Compuvision Systems Inc. and DevFacto Technologies Inc.
A corporation, government agency, individual, or other legal entity registering
or registered for an account on the TEC Members Site.
Members Site: An internet site hosted by TEC Edmonton through which Members
can receive a password protected webpage(s) with potential use in marketing
Members technologies, managing projects, networking with other TEC Members and
collaborating with TEC Edmonton staff. Said site being found at: https://members.tecedmonton.com/_layouts/login.aspx?ReturnUrl=/members.
1.1 The TEC Members Site shall be administered by TEC Edmonton, Compuvision Systems
Inc., and DevFacto Technologies Inc. ("Administrators").
will post content to the site and exchange information at their sole
2. MEMBERS RIGHTS AND OBLIGATIONS
shall use the site for the intended purpose and in good faith. Each Member
covenants that material posted to the website shall be appropriate to the purpose and goals of the TEC Members Site.
Where a Member causes damage to another Member through the use of the
TEC Members Site the offending member will be held liable. Members agree that
the Administrators bear no liability for damages caused by other Members
through the use of the TEC Members Site.
Member who observes any problem with the site, or notices another Member not
observing the terms and conditions of the site or otherwise behaving contrary
to the spirit and purposes of the site, undertakes to notify the Administrators
as soon as possible.
Members agree that the Administrators shall have the power to investigate
possible breaches of these terms and take appropriate action. Such actions may
include, but are not limited to, denying violators access to the site,
reporting activities to appropriate law enforcement authorities and taking
Administrators retain the right to deny access to the site to any Member who
does not conform to these terms and conditions.
3.1 The Administrators hereby
affirm that, they will make all reasonable efforts to ensure that information uploaded
by Members to their profile in order to create and maintain an account will be kept
The administrators retain the right to disclose information where they
have a statutory or common law obligation to do so.
All Members hereby acknowledge that any information uploaded to the
account is uploaded at their own risk. The administrators accept no
responsibility for breaches of confidentiality resultant from Members' use of
the site, other than for the purposes of creating an account.
All Members hereby acknowledge and agree that under no circumstances
will the Administrators liability for any breach of confidentiality or related
cause of action exceed $200 CAD in damages.
4. EXCLUSION OF WARRANTIES
AND LIMITATIONS OF LIABILITY
4.1 Nothing in these terms,
including this section, 4, shall exclude or limit the Administrators'
warranty or liability for losses which may not be excluded or limited by
applicable law. As some jurisdictions do not allow the exclusion of certain
warranties or conditions or limitation or exclusion of liabilities arising from
certain losses; only the limitations which are lawful in a Member's
jurisdiction will apply to that Member and the Administrator's liability will
be limited to the maximum extent permitted by law.
4.2 Members expressly understand and agree that use of the services is
at each Member's sole risk and that the services are provided "as is"
and as available. Any material downloaded or otherwise obtained through the
use of the Site is done at each Member's own discretion and risk and each
Member will be solely responsible for any damage to their computer system or
other device or loss of data that results from the download of any such
4.3 No advice or information, whether oral or written, obtained by a
Member from the Administrators
or through or from the TEC Members Site shall create any warranty not expressly
stated in these terms. The Administrators further expressly disclaim all
warranties and conditions of any kind, whether express of implied, including,
but not limited to, the implied warranties and conditions of merchantability,
fitness for a particular purpose and non-infringement.
Particular, the Administrators, their subsidiaries and affiliates, and their
licensors do not represent or warrant to Members that:
(i) use of the services will meet
of their requirements,
(ii) use of the services will be
uninterrupted, timely, secure or free from error,
(iii) any information obtained by a
Member as a result of use of the services will be accurate or reliable, and
(iv) that defects in the operation
or functionality of any software provided to Members as part of the
services will be corrected.
4.5 In no
event will the Administrators or their directors, employees or agents be liable
to any Member or any third person for any indirect, consequential, exemplary,
incidental, special or punitive damages, including for any lost profits or lost
data arising from Members' use of the site or the service, any platform
applications or any of the site content or other materials on, accessed through
or downloaded from the site, even if the Administrators are aware or have been
advised of the possibility of such damages. Notwithstanding anything to the
contrary contained herein, the Administrators' liability to any Member for any
cause whatsoever, and regardless of the form of the action, will at all times
be limited to the amount paid, if any, by the Member to the Administrators for
the service during the term of membership, but in no case will the
Administrator's liability to any Member exceed $200. Members acknowledge that
if no fees are paid to the administrators for the service, they shall be
limited to injunctive relief only, unless otherwise permitted by law, and shall
not be entitled to damages of any kind from the administrators, regardless of
the cause of action.
acknowledge that certain regional laws do not allow limitations on implied
warranties or the exclusion or limitation of certain damages. If these laws
apply to any Member, some or all of the above disclaimers, exclusions or
limitations may not apply to those Members, and those Members may have
to overall provision in paragraph 4.1 above, Members expressly understand and
agree that the Administrators, their subsidiaries and affiliates, and their
licensors shall not be liable to any Member for any loss or damage which may be
incurred by Members, including but not limited to loss or damage as a result
(a) Any reliance placed by a Member
on the completeness, accuracy or existence of any advertising, or as a result
of any relationship or transaction between Members and any advertiser or
sponsor whose advertising appears on the services.
(b) Any changes which the
Administrators may make to the services, or for any permanent or temporary
cessation in the provision of the services (or any features within the
(c) The deletion of, corruption of,
or failure to store, any content and other communications data maintained or
transmitted by or through any Member's use of the services.
(d) Any Member's failure to provide
the administrators with accurate account information.
(e) Any Member's failure to keep
their password or account details secure and confidential.
limitations on the administrators' liability to Members in paragraph 4.7 above
shall apply whether or not the administrators have been advised of or should
have been aware of the possibility of any such losses arising.
5. ACCEPTANCE OF TERMS
joining the TEC Members Site each Member indicates acceptance of these terms
and conditions and undertakes to be bound by the terms herein.
6. AUTHORITY TO BIND
agreeing to these terms in joining the TEC Members Site you hereby affirm that
you have the authority to bind the Member as a legal entity.
in agreeing to these terms and joining the TEC Members Site, you agree on
behalf of yourself, the corporation and any corporate affiliates (where
applicable) to be bound by all of the terms and conditions outlined herein.
Agreement does not create any agency or partnership relationship.
additions or modifications to this Agreement must be made in writing and must
be signed by both parties.
Agreement is made under, and shall be construed according to, the laws of the
Province of Alberta, Canada.
7.4 These terms and conditions constitute the entirety of the agreement
between the Administrators and Members
with respect to the use and operation of
the TEC Members Site.
of the Administrators may be contacted with any questions or concerns regarding
the operation of the site and these terms and conditions. As of July 20, 2009,
those representatives are:
a) TEC Edmonton :
Communications and Marketing Manager
4000, 10230 Jasper Avenue
Edmonton, AB T5J 4P6
b) Compuvision Systems Inc.:
c) DevFacto Technologies Inc.: