Welcome to SettleNet.org/Réseau-Etab.Org at https://settlenet.org/en (“Services” or “Service”, or “Site”), a website platform created by the Ontario Council of Agencies Serving Immigrants (“OCASI”, “we”, “us”, “our”) for practitioners in the Immigrant and Refugee serving sector and other related stakeholders to connect, learn, share and collaborate; thereby building their knowledge and skills capacity with a focus on improving settlement services.
2. Control of the Site and Services
You acknowledge that OCASI has created the Site to allow Users to interact, via the Site, with each other, OCASI personnel, and/or third parties authorized by OCASI to participate on the Site or in the Services. You further acknowledge that Users can present and alter information presented on the Site on a real-time basis.
OCASI generally does not regulate the content of communications between Users or Users' interactions with the Services. As a result, OCASI has very little control, if any, over the quality, safety, morality, legality, truthfulness, or accuracy of User Content provided by Users. Nonetheless, OCASI reserves the right to monitor (but not the obligation) and/or limit any User Content posted by a User to the Site.
Community Features (defined below) of the Service may include user profiles, events listings, and discussion forums for your access and use solely in relation to the purpose. Discussion forums include both public forums, open to all Users, and groups (open or closed) to group members only. You acknowledge that groups are created, administered, and operated by Users and that the group leader User(s), and not OCASI, are responsible for the administration or operation of any such Group.
3. Other Parties’ Rights in Content
4. Availability and Termination of Our Services
OCASI reserves the right to interrupt the Site with or without prior notice for any reason or no reason. You agree that OCASI will not be liable for any interruption of the Site, any delay, or any failure to perform. OCASI has the right at any time for any reason or no reason to change and/or eliminate any aspect(s) of the Site and/or the Services as it sees fit in its sole discretion. You are responsible for backing up your Content and data.
OCASI reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Site or Services (or any part thereof) with or without notice. You agree that OCASI shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Site or Services.
5. Termination of User Account
We retain all rights to terminate any User Account at any time for any reason whatsoever.
Users are professionals that work directly or indirectly with newcomers to Canada (such as: core users – settlement practitioners; secondary – student placements, funders, health service providers, housing sector Board members, community legal clinics, etc.; tertiary - academic researchers, teachers, consultants, national organizations (e.g., Canada Council for Refugees). Subject to any specific exception expressly granted by its Service administrators, OCASI reserves the right to limit and restrict registration and use of the Service from locations outside of Canada, including through the use of technical means to do so.
7. Registration Data and Account Security
You will have to create a User Account to access the Service including the community-related features (“Community Features”) of the Services. In consideration of your use of the Site, you agree to (a) provide accurate, current, and complete information about yourself, as may be prompted by any registration form on the Site (“Registration Data”), including, but not limited to, your full legal name, name of organization you are affiliated with, city, province, and country of residence; (b) maintain the security of your password and identification; (c) maintain and promptly update the Registration Data and any other information you provide to OCASI, and keep it accurate, current and complete; and (d) be fully responsible for all use of your User Account and for any actions that take place using your User Account.
You shall not impersonate any person or entity or misrepresent your identity or affiliation with any person or entity, including using another person’s username, password or other account information, or another person’s name, likeness, voice, image or photograph.
Your User Account is personal to you, and you may not share your account information with, or allow access to your account by, any third party. As you will be responsible for all activity that occurs under your User Account, you agree to use reasonable efforts to prevent unauthorized access to or use of the Site and Services and to preserve the confidentiality of your username and password, and any device that you use to access our Site and Services. You also agree to promptly notify us at firstname.lastname@example.org of any unauthorized use of your username, password, other account information, or any other compromise of your credentials or account that you become aware of involving or relating to our Site or Services.
8. Third Party Sites
9. User Generated Content and Other Content
You also understand that all Content that is not posted by OCASI, whether publicly posted or privately transmitted, are the sole responsibility of the person from whom such Content originated. Such Content does not represent the views of OCASI. This means that you, and not OCASI, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Site and its Services.
You agree that You must evaluate, and bear all risks associated with, the Use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you should not rely on any Content created by or submitted to the Service by OCASI or any third party, including without limitation information in comments, and in all other parts of the Service.
We are not responsible for, and we do not endorse, or represent or guarantee the truthfulness, accuracy, or reliability of the opinions, advice, information, content, or recommendations posted or sent by Users on any of our Services. You understand that by using the Site and our Services, including Community Features, there is a risk that you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will OCASI be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the Use of any Content posted, emailed, transmitted or otherwise made available via the Site or Services.
You acknowledge that OCASI may or may not pre-screen Content, but that OCASI and its designees shall have the right (but not the obligation) in their sole discretion to pre-screen, refuse, move, or remove any Content that is available via the Service. You and other Users may report any Content such as comments and other posts as inappropriate to us through our contact form.
10. Ownership of User Content and Rules of Conduct
a) User Rights
Subject to the rights, including intellectual property rights, of OCASI and its licensors in the Service and Service related systems and technology, OCASI does not claim ownership of Content you submit or make available for inclusion on the Site and Services (“Your Content”).
However, in order to provide and maintain the Site and Services, with respect to Your Content you submit or make available for inclusion on the Site or Services, including without limitation page content and comments you post to the Site or Services, you grant OCASI and the Users of the Site or Services a license to Your Content under the following Creative Commons license:
Attribution-NonCommercial-ShareAlike 2.5 Canada (CC BY-NC-SA 2.5 CA)
or the following alternative Creative Commons license (but only to the extent to which this alternative license has been indicated by you on the applicable material comprising such Content):
Attribution-NonCommercial-No Derivs 2.5 Canada (CC BY-NC-ND 2.5 CA)
Except to the extent some other form of license to such Content has been expressly agreed to in writing between you and OCASI prior to the posting of such Content and such license has been indicated on the applicable material comprising such Content.
b) Representations and Warranties
By making Your Content available on the Site and Services, you represent and warrant that:
- Your posting of Your Content to the Service, and the downloading, copying and use of the Your Content by Users of the Service, will not breach the intellectual property rights, including but not limited to, the copyright, patent, trademark or trade secret rights, of any third party; OR
- You are the owner of the rights, including intellectual property rights, in Your Content and that You have fully complied with any third-party licenses relating to Your Content; AND
- Your Content does not contain or install any viruses, worms, malware, or other harmful or destructive content; OR
- Your Content is not spam, is not machine- or randomly-generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the material (such as spoofing).
c) Rules of Conduct
You agree to not use the Site or Services to:
- upload, post, email, transmit or otherwise make available any Content that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable;
- upload, post, email, transmit or otherwise make available any Content that you do not have a right to make available under any law or under contractual or fiduciary relationships (such as proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
- upload, post, email, transmit or otherwise make available any Content that infringes any patent, trademark, trade secret, copyright or other intellectual property or other proprietary rights of any party;
- upload, post, email, transmit or otherwise make available any Content that is plainly irrelevant, off-topic, or repetitive (“flooding”) or unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or any other form of solicitation;
- harm minors in any way;
- upload, post, email, transmit or otherwise make available any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
- interfere with or disrupt the Service or servers or networks connected to the Service, or disobey any requirements, procedures, policies or regulations of networks connected to the Service;
- attempt to gain unauthorized access to the Service, other accounts, computer systems or networks connected to the Service, through password mining or any other means.
12. Disclaimer of Warranties
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
- YOUR USE OF THE SERVICE IS AT YOUR SOLE RISK. THE SERVICE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. OCASI EXPRESSLY DISCLAIMS ALL WARRANTIES, REPRESENTATIONS, AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
- OCASI MAKES NO WARRANTY THAT (i) THE SERVICE WILL MEET YOUR REQUIREMENTS; (ii) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE; (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SERVICE WILL MEET YOUR EXPECTATIONS; (v) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED; (vi) OR THAT THIS SITE, ITS CONTENT AND CONFERENCING, AND THE SERVERS ON WHICH THE WEB SITE AND CONTENT AND CONFERENCING ARE AVAILABLE ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS.
- ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL.
- NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM OCASI OR THROUGH OR FROM THE SERVICE SHALL CREATE ANY WARRANTY, REPRESENTATION, OR CONDITION NOT EXPRESSLY STATED IN THE TERMS OF SERVICE.
- INFORMATION CREATED BY THIRD PARTIES THAT YOU MAY ACCESS ON THE SITE OR THROUGH LINKS IS NOT ADOPTED OR ENDORSED BY OCASI AND REMAINS THE RESPONSIBILITY OF SUCH THIRD PARTIES.
13. Limitation of Liability
YOU EXPRESSLY UNDERSTAND AND AGREE THAT OCASI SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF OCASI HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
14. General Conditions
e) Entire Agreement
f) Choice of Law and Forum
h) Copyright - Notice and Take Down
It is OCASI’s policy to respond to applicable notices of alleged infringement that comply with the notice and take down provisions and processes according to the Copyright and Intellectual Property Policy.
i) Disclosure of Content and Personal Information
15. Privacy Notice
OCASI - Ontario Council of Agencies Serving Immigrants
110 Eglinton Avenue West, Suite 200
Toronto, ON, CANADA