These terms and conditions apply to Services provided by ProCultive (“ProCultive” or “we” or “us”). 

Welcome to the www.procultive.com website (the “Website”). The Website is operated by ProCultive, and its subsidiaries (“we, “us”, or “our”). The following paragraphs indicate what your visit means both for us and for you.
These website terms and conditions (the “Terms”) bring together all our website policies, terms and conditions of use and other information about using the Website. The Terms also govern your use of the Website, our mobile application, and anywhere that these Terms are posted, in which case, the term “Website” herein covers the site or application on which these Terms are posted. Please read these Terms carefully. If you do not agree with these Terms, then please do not use the Website. If you do use the Website, then your conduct indicates that you agree to be bound by these Terms. We may change these Terms from time to time without notice to you in our sole discretion. If you use the Website after any such revisions take effect then you will be taken to have agreed to the revised Terms.

Access to Website

We cannot guarantee the continuous, uninterrupted or error-free operability of the Website. Access to the Website is permitted on a temporary basis and we reserve the right to withdraw, modify or suspend the service we provide on the Website without notice. We will not be liable to you or any third party for any unavailability, modification, suspension or withdrawal of the Website, or any features, parts or content of the Website at any time for any period.
We may change the format and content of the Website from time to time without notice to you in our sole discretion. We cannot and do not guarantee that any content of the Website will be available or free from viruses and/or other code that may have contaminating or destructive elements.

Registering an account

When registering for an account you warrant that all information you provide is true and accurate to the best of your knowledge and belief. We reserve the right to refuse to register any user. You are solely responsible for protecting your login details and password and we will not be held liable for any loss or damage that may result from your failure to do so.

Closing an account

If you wish to close an account you have registered with us, then you may do so by emailing our client services team at [email protected]. We may close your account at any time if we believe you are in breach of these Terms or, acting reasonably, we believe it appropriate.  Should we close your account, we will provide you notice of such closure.

Restrictions on Use

Except to the extent permitted by these Terms you are not allowed to:

• use the Website and anything available from the Website for unlawful purposes;
• attempt to gain unauthorised access to the Website, the server on which the Website is stored or any server, computer or database connected to our Website;
• reproduce, duplicate, copy or re-sell any part of the Website or anything available from the Website without our consent or in contravention of these Terms;
• store pages of the Website on a server or other storage device connected to a network or create an electronic database by systematically downloading and storing all of the pages of the Website;
• remove or change any content of the Website or attempt to circumvent security or interfere with the proper working of the Website or the servers on which it is hosted;
• use the Website to knowingly transmit any data, send or upload any material that contains viruses, trojan horses, worms, time-bombs, keystroke loggers, spyware, adware or any other harmful programs or similar computer code designed to adversely affect the operation of any computer software or hardware; or
• otherwise do anything not expressly permitted by these Terms.

Intellectual property

We are the owner or licensee of all intellectual property rights in the Website and in any content of the Website (including text, graphics, software, photographs and other images, videos, sound, trade marks and logos). You may only use any content of the Website for your personal, non-commercial use and may not reproduce, modify, transmit, licence or publish it, in whole or in part, for any purpose without our prior written consent.
In the event of any permitted copying, redistribution or publication of Website content, no changes in or deletion of author attribution, trademark legend or copyright notice shall be made. You acknowledge that you do not acquire any ownership rights by downloading Website content.

Exclusion of liability

The information contained in this website is only for informational purposes.
Nothing in these Terms shall exclude or limit our liability to you:

• for death or personal injury caused by our negligence;
• under Part 1 of the Consumer Protection Act 1987;
• for fraudulent misrepresentation; or
• for any other liability that may not, under Canadian law, be excluded or limited.

Subject to the above, in no event do we accept liability of any description (whether such liability arises as a result of breach of contract, negligence, misrepresentation or for any other reason), for any damages or losses whatsoever resulting from use of or inability to use this Website including, without limitation:

• loss of business;
• loss of revenue;
• loss of profits;
• loss of anticipated savings;
• special loss; or
• consequential loss.

We make no warranty that this Website (or websites which are linked to this Website) or the server that makes it available is free from computer viruses or any other malicious or impairing computer programme.

The pages in this Website may contain technical inaccuracies and typographical errors. The information in these pages may be updated from time to time and may at times be out of date. We accept no responsibility for keeping the information in these pages up to date or liability for any failure to do so.
We are a distributor (and not a publisher) of a small percentage of content on the Website and such content is supplied by third parties and users of the internet. Any opinions, advice, statements, services, offers, or other information or content expressed or made available by third parties, including information providers, or users, are those of the authors or distributors and not of us. We do not necessarily endorse nor are we responsible for the accuracy or reliability of any opinion, advice or statement made on the Website.

The information on the Website does not constitute any form of advice or recommendation by us and is not intended to be relied upon by you in making (or refraining from making) any specific educational, or other, decisions. You should take your own advice and/or make specific enquiries and independently verify any information before relying upon it.

PRIVACY STATEMENT

Links policy

The Website may contain hypertext links to other Internet sites which are completely independent of this Website. We make no representation or warranty as to the accuracy, completeness or authenticity of the information contained in any such hypertext link or other Internet site, or that any such other Internet site (or websites which are linked to such other Internet site) or the server that makes it available is free from computer viruses or any other malicious or impairing computer program, and access to any other Internet sites linked to the Website is at your own risk. Linking to another website from the Website should not be taken as an endorsement of any kind. Although we endeavour to keep all links up to date, we cannot guarantee that these links will work all the time, and we have no control over the availability of external pages.

Forums, chat rooms and other public posting areas

Please note that any information you include in a message you post to any chat room, forum or other public posting area is available to anyone with Internet access. If you don’t want people to know your e-mail address, for example, don’t include it in any message you post publicly. PLEASE BE EXTREMELY CAREFUL WHEN DISCLOSING ANY INFORMATION IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS. WE ARE NOT RESPONSIBLE FOR THE USE BY OTHERS OF THE INFORMATION THAT YOU DISCLOSE IN CHAT ROOMS, FORUMS AND OTHER PUBLIC POSTING AREAS.

Collection and usage of non-personal data and Website data

When you visit the Website, we automatically gather and store the following information in order to track the use of our website:

• The IP address from which the Website is accessed;
• The name of the domain from which our visitors access the Internet;
• The type of browser and operating system used to access the Website;
• The date and time of your visit to the Website;
• Mobile device information (e.g., hardware model, operating system version, device identifier, and mobile network information;
• The pages, files, documents and links accessed during your visit; and/or
• The internet address of the website from which you linked to the Website (i.e. the previous site you visited, which referred you to the Website).

We will not make any attempt to identify individual Website users or their particular browsing activities from the information listed above. The information listed above is stored and used in the aggregate only, in order to provide us with information about the general use of the Website. Our Website logfiles are analysed in order to make improvements to the Website.

Data protection

We are committed to striking a fair balance between your personal privacy and ensuring that you obtain full value from the products and services we provide, while ensuring that we comply with all protection in the privacy laws in Canada (‘the Act’) affords to you. We will hold your personal data securely in accordance with the Act, under which we are fully registered.

The main purpose of the Act is to ensure broad standards of transparency, quality and security of the processing of personal data. We comply with all requirements of the law on protection of personal data.

Collection and use of personal data

Personal data is not stored nor captured through the Website without the prior knowledge and consent of users. Where personal information is captured (e.g. through web-based forms for feedback, registration, requests, etc.), the user will be informed as to what personal information is being collected, who will use it, and for what purpose(s) it will be used.

We may collect and process the following information about you:

• information (such as your name, email and postal address, telephone number, job title, date of birth and bank details) that you provide;
• in connection with your account, your log-in and password details;
• details of any transactions made by you through the Website;
• communications you send to us, for example to report a problem or to submit queries, concerns or comments regarding the Website and its content;
• information from surveys, promotions and competitions that we may, from time to time, run on the Website, if you choose to respond to, or participate in, them; and
• technical information from your mobile device relating to the services you receive.

Any personal data that you give us will be treated with the utmost care and security. We will hold your personal information on our systems for as long as it is still used for the purpose stated when originally requested. We will only collect personal information which you knowingly and willingly provide, for example by sending emails or completing online forms.

We will use the personal information you provide to:

• identify you when you sign in to your account and permit access into limited entry areas of the Website;
• enable us to respond to your requests and process your orders and to provide you with the services and information offered through the Website which you request;
• administer your account with us and notify you regarding changes and updates to the Website;
• alert you to special offers, updated information, or new services from us
• to contact you in response to a sign up form such as the “Contact Us” form;
• verify and carry out financial transactions in relation to payments you make online;
• analyse the use of the Website and the people visiting in order to improve our content and services including research into our Users’ demographics and tracking of sales data; and/or
• send you information we think you may find useful or which you have requested from us, including receipt of marketing communications such as our periodic newsletter.

We make every effort to ensure the secure collection, transmission and storage of personal data in accordance with the nature of such data.  Please note that we reserve the right to share your personal data with third parties.

You can tell us not to contact you with information regarding our products and services by following the unsubscribe instructions on any communications sent to you or by contacting us on [email protected]

You have a legal right under the Act to a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding the prescribed fee permitted by law. You also have a right to correct any errors in that information. Should you request that we amend or suppress records containing your personal data, we will endeavour to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.

Filming and photography

During the course or event, some filming or photography may take place. The video footage or photographs are captured by members of the ProCutlive team and used only by the ProCultive team as part of the ProCultive Learning materials, and in any marketing, or related endeavours.
If you partake in any filming or photographs you will be providing your consent to the release of your image, likeness and the sound of your voice. You will also be agreeing that the footage may be edited and used by ProCultive, in whole or in part, in all media, including, but not limited to, CD-ROM, DVD, Internet, television, radio and cable broadcast, and for all other purposes in perpetuity globally. You will not be compensated in any way for the use of your image, likeness and sound of voice and you release and hold harmless ProCultive from any claims or actions that arise as a result of this production.
If you do not wish to be filmed of photographed, please could you inform us in advance of the course if possible and also on the first day of the course.

Use of cookies

Cookies are small pieces of information that include a unique reference code that a website transfers to your device to store and sometimes track information about you. A number of cookies we use last only for the duration of your web session and expire when you close your browser. Other cookies are used to remember you when you return to the Website and will last for longer. Cookies can therefore either be persistent or session based.

We use cookies to:

• remember that you have used the Website before (this means we can identify the number of unique visitors we receive and allows us to make sure that we have enough capacity for the number of users we get);
• allow you to navigate the Website more quickly and easily;
• remember your login session so you can move from one page to another within the Website;
• store your preferences;
• customise elements of the layout and/or content of the pages of the Website for you; and
• collect statistical information about how you use the Website so that we can improve the Website.

Our cookies:
Essential session management

• Creating a specific log-in session for a visitor to our Website in order that the site remembers that a visitor is logged in and that his or her page requests are delivered in an effective, secure and consistent manner.
• Recognising when a visitor to the Website has visited before; this means we can identify the number of unique visitors we receive to the Website and allows us to make sure we have enough capacity for the number of users that we get.
• Recognising when a visitor to the Website is a registered member.
• We may also log information from your computer including the existence of cookies, your IP address and information about your browser program in order to allow us to diagnose problems, administer and track your usage of the Services.

Functionality

• Customising elements of the promotional layout and/or content of the pages of the Website for example by storing a country code and providing users with content relevant to their country.

Performance and measurement

• Collecting statistical information about how our visitors use the Website(s) so that we can improve the Website(s) and learn which parts are most popular to visitors.
• We employ Google analytics. You can opt out of Google analytics by going to https://tools.google.com/dlpage/gaoptout and following the instructions.

Sharing of personal data

We may share or disclose your personal information in the following instances:

• To fulfill a service to you. For example, if you request a product or service from us, we may share your personal information in order to provide the product or service to you. In addition, if you email us a question, we may use your email address to process your request and respond to your question. Also, if you are entering a sweepstakes or contest, we may use your personal information in order to fulfill the terms of that promotion. This means that we may share the information for prize fulfillment purposes or mail carriers. We also may share your information with the co-sponsor of that promotion.
• To unaffiliated third-party service providers, agents or independent contractors who help us maintain our Website and provide other administrative services to us (including, but not limited to, order processing and fulfillment, debt collection, providing customer service, maintaining and analyzing data, sending customer communications on our behalf, and entry collection, winner selection and prize fulfillment for contests, sweepstakes and other promotions). We seek to ensure that these unaffiliated third parties will not use the personal information for any other purpose than to provide the administrative services for which they are responsible. Because such unaffiliated third-party service providers that help us administer our Website will have access to users’ personal information, if you do not wish for our unaffiliated third-party service providers to have access to your information, please do not register or submit any personal information to us.
• To fulfill your order. If you choose to make a purchase on the Website, we may collect from you your credit card number, billing address and other information related to such purchase, and we may use such collected information in order to fulfill your purchase. We may also provide such information, or other personal information provided by you, to unaffiliated third parties as necessary to complete your purchase (for example, to process your credit card).
• To comply with the law or in the good faith belief that such action is necessary in order to conform to the requirements of law or comply with legal process served on us, protect and defend our rights or property or act in urgent circumstances to protect the personal safety of our end users.
• To third parties as part of any corporate reorganization process including, but not limited to, mergers, acquisitions, and sales of all or substantially all of our assets.
• To track and analyze non-identifying and aggregate usage and volume statistical information from our visitors and customers and provide such information to third parties.
• To protect against potential fraud, we may verify with third parties the information collected from our Website. In the course of such verification, we may receive personal information about you from such services. In particular, if you use a credit card or debit card to purchase services with us, we may use card authorization and fraud screening services to verify that your card information and address matches the information that you supplied to us, and that the card has not been reported as lost or stolen.

Except as described in these Terms or at the time we request the information, we do not otherwise use, share or otherwise disclose your personal information to any third parties.

Security

We have security measures in place to attempt to protect against the loss, misuse and alteration of personal information under our control. For example, our security and privacy policies are periodically reviewed and enhanced as necessary and only authorised personnel have access to personal information. Whilst we cannot ensure or guarantee that loss, misuse or alteration of information will never occur, we use all reasonable efforts to prevent it.
While we strive to keep the information that you supply directly or indirectly secure, please be aware that the Internet is not a fully secure medium.

Data Storage and international transfers

Information that you submit via the Website is sent to and stored on secure servers located in Canada but may in some circumstances be transferred to countries outside. By way of example, this may happen if one or more of our servers are from time to time located in a country outside Canada or one of our service providers is located in a country outside Canada. If we transfer your information outside Canada in this way, we will take steps to ensure that your privacy rights continue to be protected. By submitting information via the Website, you agree to this storing, processing and/or transfer.

Access to personal data

You may request a copy of all the personal information about you held by us. On request, we will provide you with a copy of this information subject to a fee not exceeding the prescribed fee permitted by law. You also have a right to correct any errors in that information. Should you request that we amend or suppress records containing your personal data, we will endeavour to do so as promptly as practical. However, you may receive communications for a transitional period while we process your records.

Opt-Out

We communicate with users who subscribe to our services on a regular basis via email and text message. For example, for e-mail marketing, we may use your e-mail address to confirm your request, to send you notice of payments, to send you information about changes to our products and services, and to send notices and other disclosures as required by law. Generally, users cannot opt-out of these communications, but they will be primarily informational in nature rather than promotional. If you provide your mobile phone number and ask to receive information by text message, we may provide information in that manner. Additionally, we may send automated text messages (if you provide consent).  Where you consent to receive automated text messages from us, please note that your consent includes consent to receive both autodialed and/or pre-recorded telemarketing text messages or non-automated messages from or on behalf of us and our affiliated companies at the telephone number you provided.  You further understand that consent is not a condition of purchase and that message and data rates may apply. Additional terms and conditions, including message frequency, are provided at sign-up for any automated messages.

We provide you the opportunity to exercise an opt-out choice if you do not want to receive certain types of communication from us, such as emails or updates from us regarding new services and products offered on this Website or if you do not want us to share your personal information with third parties. For e-mails, the opt-out choice may be exercised by ticking or un-ticking the appropriate box if such checkbox is available at the points where information is collected or by contacting us. We will process your unsubscribe as soon as possible, but please be aware that in some circumstances you may receive a few more messages until the unsubscribe is processed. You also may opt-out of receiving such emails by clicking on the “unsubscribe” link within the text of the email.  Additionally, an opt-out will not remove you from messages that we are required to send under relevant laws or regulations.  Please note that you hereby consent to receiving a confirmatory message in response to any opt-out request.

General

If we fail to enforce, or delay in enforcing, any of our rights under these Terms, that does not result in a waiver of the rights concerned.

If any provision of these Terms or any other terms incorporated by reference is found to be unenforceable, it shall not affect the enforceability of any other provisions they contain.

You may not sub-license or assign any of the rights or obligations under these Terms.

We may sub-contract the performance of any of our obligations to you. We may assign any of our rights or obligations to you to someone else, provided that we notify you that we have done so.

Law governing the Terms

Uses of this Website and these Terms shall be subject to the laws of Canada which shall exclusively govern the interpretation, application and effect of all the above permissions, exclusions, licences and conditions of use.

Jurisdiction

The Courts of Canada shall have exclusive jurisdiction over all claims and disputes arising in relations to, out of or in connection with this Website and its use and these Terms.

Contacting us

Please submit any questions you have about these Terms or any problems concerning the Website by emailing us at [email protected].

California Privacy Rights

California Civil Code Section 1798.83 permits users of the Services who are California residents to request certain information regarding its disclosure of Personal Data to third parties for their direct marketing purposes. To make such a request, please send an email with ‘California Privacy Rights’ in the heading to [email protected].