SAARNA TERMS OF WEBSITE USE AND SUPPLY AND USE OF MATERIALS (THE“TERMS”)
Welcome to SAARNA. This page (together with the documents referred to on it) tells you the terms on which you may:
a. use the SAARNA website at www.saarna.org (the “Site”);b. register as a user of the Site;
c. buy, and We will supply or provide access to, certain Materials (as defined below) on the Site; and
d. make use of the Materials.
Please read these Terms carefully before you start to use the Site, upload material or content, and/or before ordering any Materials from Us via the Site. You should
understand that by using the Site, uploading any material or content and/or ordering any
Materials you signify your acceptance of the Terms and that you agree to be bound by
them. If you do not agree to these Terms, please refrain from using or visiting the Site.
Part I – Using the Site
1. Information about Us:
The Site is owned and operated by Society for the Advancement of Actuarial Risk Needs Assessment (“SAARNA,” “We,” or “Us”) whose registered office is at 303 Bagot Street, Suite 306, Kingston, Ontario, K7K 5W7. SAARNA is a Not-for-Profit Corporation registered in Canada under company number 1233463-1.
2.Site structure and the Materials:
The content on the Site consists of:
a. “Free Materials”: all content that is made available by Us for free. This may include specific content made available: (i) to an individual through a periodic offer allowing free access for a limited period of time using either an access token or (for one session only)a session token; (ii) to the general public as free access content; or (iii) to an individual through referrer access from a relevant third party;
b. “Premium Materials”: all content that can be purchased; and
c. “Open Access Materials”: all content that is available on an open access basis.
The Free Materials, Premium Materials, and Open Access Materials together comprise the “Materials.”
If you register on the Site, this allows you to personalize the service we provide to you in relation to the Materials. Registration is required in order to access Free Materials using an access token and to purchase Premium Materials.
3.Accessing the Site:
Use of the Site is restricted to those aged 18 or over only. Anyone under the age of 18may only use the Site if accompanied by an adult. In addition to these Terms, use of and access to registered user areas and subscription areas is subject to any applicable registered user or subscription agreement.
Whilst We endeavor to ensure that the Site is normally available 24 hours a day, access to the Site is provided on a temporary basis, and We reserve the right to withdraw or amend the service We provide on the Site without notice. We will not be liable if for any reason the Site is unavailable at any time or for any period.
We aim to update our site regularly, and may from time to time change the Materials as well as the type of subscription/registration needed to access any of the Materials. If the need arises, We may suspend access to the Site, or close it indefinitely.
You are responsible for making all arrangements necessary for you to have access to the Site and the Materials, including the arrangement and acquisition of software, hardware, and any necessary Internet connection and telecommunications equipment. You are also responsible for ensuring that all persons who access the Site through your Internet connection are aware of these Terms and that they comply with them and you also understand that you and not Us are responsible for all electronic communications and content sent from your computer to Us.
Many of the Materials are manuals, evaluators’ workbook, training materials, and practice guides that are restricted to individuals who have the prerequisite training. It is the Users’ responsibility to know what training is required, and to obtain the necessary training before accessing restricted Materials.
Users are expected to fairly and accurately represent their training and experience. Failure to do so could result in loss of access to the site.
The use of the Materials can influence decisions that have significant consequences for individuals and for public safety. Consequently, the Materials will only be used for the purposes for which they were intended. It is the Users’ responsibility to know the range of appropriate application of the materials, and not to use the Materials for other purposes.
6.No unauthorized revisions to the Materials:
Users will not change, edit, revise, or otherwise alter the Materials without explicit permission of SAARNA. In particular, Users will not change the Materials in ways that would influence the definitions and scoring rules of the risk tools.
The above provision does not apply to stylistic changes (e.g., color, spacing, font) that fully preserve the integrity of the content. As well, certified trainers are permitted to adapt training materials to their training needs provided that the changes do not change the intended uses, definitions, scoring rules, applications, and interpretations of the risk tools.
Users are also permitted to reproduce the Materials in alternate forms, such as making an automated, electronic form tailored to a specific location or practice setting.
7.Viruses, hacking, and other offenses:
You must not misuse the Site by knowingly introducing viruses, Trojans, worms, logic bombs, or other material which is malicious or technologically harmful. You must not attempt to gain unauthorized access to the Site or any part of it, the server on which the Site is stored, or any server, computer, or database connected to the Site. You must not attack the Site via a denial-of-service attack or a distributed denial-of-service-attack.
By breaching this provision, you would commit a criminal offence. We will report any such breach to the relevant law enforcement authorities and We will co-operate with those authorities by disclosing your identity to them. In the event of such a breach, your right to use the Site will cease immediately.
We will not be liable for any loss or damage caused by a distributed denial -of-service attack, viruses, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the Site or due to your downloading of any material posted on it, or any website linked to it.
8.Links from the Site:
Where the Site contains links to other sites and resources provided by third parties, these links are for your information only. We have no control over the contents of these sites or resources and accept no responsibility for them or for any loss or damage that may arise from your use of them.
The Site and the Materials are provided on an “as is” basis. Subject to the below, SAARNA excludes all liability whether in contract, tort (including liability for negligence), or otherwise for the suitability, accuracy, or fitness for any purpose of the Site and any Material and limits its liability for any other liability under these terms or any related agreement to the fees payable by you for the element of the Site or the Material found to be in breach of these terms.
Subject to the below We exclude all liability for loss of business revenue or profits, anticipated savings, or wasted expenditure, corruption, or destruction of data or for any indirect or consequential loss whatever.
Save as expressly permitted in these terms, all warranties, conditions, or other terms implied by statute, common law, or otherwise are excluded by SAARNA to the fullest extent permitted by law.
The Materials may be out of date at any given time, and while We may from time to time update the Materials We are under no obligation to do so.
You agree to indemnify SAARNA against any costs, claims, damages, or expenses arising from any use by you (including by Authorized Users) of the Materials under these Terms which are brought or threatened against SAARNA by another person.
11.Information about you and your visits to the Site:
Part II – Intellectual property and access and license types
12.Becoming a registered user and use of passwords:
Access to certain areas of the Site will be restricted to registered users only.
No application to become a registered user will be accepted unless and until specifically stated by Us in writing and We reserve the right to refuse any application We receive.
If We do accept your application, We will provide you with a user identification c ode and password which you will need to enter to access certain parts of the Site. You must treat this information as confidential and you must not disclose it to any third party.
The acceptance by Us of an application to be a registered user does not gran t you access rights to any Premium Materials unless and until We receive payment from you of any relevant fee.
You confirm that all the details supplied by you when you register are accurate and complete. You agree to notify the SAARNA helpdesk ([email protected]) promptly of any changes. Should you make any significant change to your details, you must notify Us not less than ten (10) days before the change takes effect.
We reserve the right to disable any user identification code or password, whether chosen by you or allocated by Us at any time, if in our opinion you have failed to comply with any of the provisions of these terms.
In order to operate your account you will be issued with a password. You are responsible for the security and proper use of your passwords and your account, including all charges incurred through them. You must inform the SAARNA helpdesk ([email protected])immediately if you have any reason to believe that any of your passwords have become known to someone not authorized to use them. If We reasonably believe that there is likely to be a breach of security or misuse of the service or your account, We may change your passwords immediately and will notify you accordingly.
13.Intellectual property rights:
We are the owner or the licensee of all copyright, trademarks, design rights, database rights, confidential information, or any other intellectual property rights (together the “Intellectual Property”) in the Site, the content and the Materials.
The Materials are protected by copyright and other intellectual property laws and treaties around the world. All such rights are reserved. Your right to access and use the Site and the Materials is strictly limited to that set out below and, where applicable, in any accompanying license agreement between you and Us.
a. Free Materials
i. Access to Free Materials using an access token
To access Free Materials included in a periodic offer using an access token, you will need to register, log in and activate the access token to view the content. Only one access token per offer is allowed per person and reactivation of the token once used is not permitted unless the token specifically allows reactivation after a defined period chosen by Us.
ii. Usage rights for Free Materials.
We grant you a limited and revocable license to access and make personal use (including permission to print off one copy, and to download extracts) of any page containing Free Materials for your personal reference and you may draw the attention of others within your organization to the Free Materials.
If you print off, copy, or download any part of the Site or the Free Materials in breach of these Terms , your right to use the Site will cease immediately and you must, at our option, return or destroy any copies of the Free Materials you have made.
This license does not include any derivative use of the Site or the Materials, any collection and use of any product listings, descriptions, or prices; any downloading or copying of account information for the benefit of another merchant; or any use of data -mining, robots, or similar data-gathering and extraction tools. In addition, you may not use meta tags or any other “hidden text” utilizing our name or the name of any of our group companies without our express written consent.
You must not use any part of the Free Materials for commercial purposes without first obtaining a license in writing to do so from us.
Our status (and that of any identified contributors) as the authors of Free Materials on our site must always be acknowledged.
b. Premium Materials
In addition to the terms set out above, your use of any Premium Materials is subject to an additional license, the nature and content of which will vary according to the type of Premium Materials purchased and whether you are purchasing as an individual or on behalf of an organization.
i. Access and usage rights for individuals/consumers
Individual subscriptions and online access
Individual subscriptions are limited to individual personal and private use only and shall not be used to substitute for an existing or potential library or other subscription and shall not be networked to any other site, nor posted to a library or public website.
To access the online service as an individual you will need to follow the subscription procedures that relate to the particular Materials you are subscribing to.
ii. Access and usage rights for members of societies, institutions, and corporations
You may only access and use Premium Materials purchased by an institution, corporation, or society, if We have been notified by them that you are an authorized user.
If you are an authorized user of any such institution, society, or a corporation which has acquired access rights on your behalf, your use and access of the Site will be governed by the terms contained in any such institutional/corporate/society agreement signed by the corporation/institution/society of which you are a member, as well as these Terms.
iii. Other terms and conditions
Your access to and use of the Materials may be subject to additional terms and conditions as agreed by you and Us from time to time, except that any such obligations will not apply to any dispute between you and Us arising, or arising out of events occurring before the date of such additions.
c. Open Access Materials
i. Access and usage rights
Where SAARNA materials are made available on an open-access basis, no subscription fee or article-pay-to-view fee or any other form of access fee are payable by you.
You may access, download, copy, display, and redistribute the open access materials on the following conditions:
- You will not compromise the author’s moral right to the integrity of their work and you will make proper attribution of the work but not in any way that suggests that you or your use of the work are in any way endorsed by SAARNA.
- This permission does not cover any third-party copyrighted work which may appear on the SAARNA website or in the work requested. When Material is identified as belonging to a third party, you will be responsible for obtaining all necessary permissions and consents to any reuse from any such third party.
If you make any translations of SAARNA materials for which a prior translation agreement with SAARNA has not been established, you must prominently display the following statement on any such translation:
“This is an unofficial translation of a [SAARNA Materials]. The accuracy of the translation is warranted by [provide name and contact information of translator or translation team].SAARNA has not reviewed or endorsed this translation.”
Part III – The Public Areas
14.Use of Public Areas and Content Standards:
From time to time, We may operate interactive areas on the Site in the form of blogs, wikis, comment forums, or message boards, where users can review topical debate and, sometimes, post comments and upload materials to the Site (the “Public Areas”).
The views expressed in the Public Areas are those of the individuals and are not necessarily those of SAARNA. Any content, recommendation, or other information within the Public Areas is viewed and used by you at your own risk and SAARNA does not warrant, in any respect, the accuracy or reliability of any of the information posted in the Public Areas.
By posting your comments or materials on the Public Areas you agree to abide by these Terms including but not limited to the Content Standards set out below.
These Content Standards apply to each part of a contribution as well as to its whole. The Content Standards must be complied with in spirit as well as to the letter. SAARNA will determine, in its discretion, whether a contribution breaches the Content Standards.
Please do not:
• Make multiple contributions. So that We can publish comments from as many different people as possible, participants should keep their number of contributions per debate to a reasonable level. Multiple contributions from one individual, or small number of individuals, discourage many others who might otherwise wish to take part;
• Spam by reposting the same message, or very similar messages, more than once;
• Publicize or attempt to publicize anyone else’s contact details or compromise anyone else’s privacy in any way; and/or
• Use any name other than your bona fide family name.
Further more, a contribution must:
• Be accurate (where it states facts);
• Be genuinely held (where it states opinions);
• Comply with the law applicable in Canada and in any country from which it is posted; and/or
• Be relevant.
A contribution must not:
• Be defamatory of any person and/or otherwise be unlawful or fraudulent, or have any unlawful or fraudulent purpose or effect;
• Be obscene, offensive, hateful, or inflammatory
;• Promote discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age;
• Disclose the name, address, telephone, mobile, or fax number, email address or any other personal data in respect of any individual;
• Infringe any copyright, database right, or trade mark of any other person;
• Breach any legal duty owed to a third party, such as a contractual duty or a duty of confidence;
• Be in contempt of court;• Be likely to harass, upset, embarrass, alarm, or annoy any other person;
• Impersonate any person, or misrepresent your identity or affiliation with any person;
• Give the impression that the contribution emanates from SAARNA if this is not the case;
• Advocate, promote, incite any third party to commit, or assist any unlawful or criminal act;
• Contain a statement which you know or believe, or have reasonable grounds for believing, that members of the public to whom the statement is, or is to be, published are likely to understand as a direct or indirect encouragement or other inducement to the commission, preparation, or instigation of acts of terrorism; and/or
• Contain any advertising or promote any services or web links to other sites.
16.Breach of Content Standards:
• Immediate, temporary, or permanent withdrawal of your right to use the Public Areas;
• Immediate, temporary, or permanent removal of any contribution already posted on the Public Areas;
• Issue of a warning to you;
• Legal proceedings against you for reimbursement of all costs on an indemnity basis(including, but not limited to, reasonable administrative and legal costs) resulting from the breach;• Further legal action against you; and/or
• Disclosure of such information to law enforcement authorities as We reasonably feel is necessary or as required by law.
We exclude our liability for all action We may take in response to breaches of these rules. The actions described above are not limited, and We may take any other action We reasonably deem appropriate.
17.Grant of license in contributions and moderation policy:
By submitting a contribution to the Public Areas, you agree to grant SAARNA a nonexclusive license to use that contribution and all Intellectual Property contained within it. Although you will still own the Intellectual Property in your contribution, SAARNA will have the right to freely use, edit, alter, adapt, create derivative works from, perform, play, reproduce, publish, and/or distribute the material contained in your contribution. This license will be free of charge, perpetual, and capable of sub-license. SAARNA may exercise all Intellectual Property and publicity rights in the material contained in your contribution in all jurisdictions, to their full extent and for the full period for which any such rights exist in that material. You also agree to waive all moral rights in relation to your contribution for the purposes of the license set out above. If you are not willing or in a position to grant such a license to SAARNA, please do not submit the contribution to the Public Areas.
Whilst SAARNA is under no obligation to moderate your contribution, We reserve the right to do so and exclude any liability for loss or damage you may suffer through your use of the Public Areas.
Please also note that in accordance with the Content Standards set out in these Terms, you must ensure that your contribution does not infringe any Intellectual Property right of any other person. By submitting your contribution to the Public Areas, you are warranting that you have the right to grant SAARNA the non-exclusive license described above and you indemnify Us for any breach of that warranty. You also warrant to take such steps as may be necessary to give effect to the license granted above. We have the right to disclose your identity to any third party who is claiming that any material posted or uploaded by you to the Site constitutes a violation of the Intellectual Property rights.
If you wish to complain about any contribution posted to the Public Areas, please contact [email protected]. We will then review the contribution and decide whether it complies with our Content Standards. We will deal with any contribution which, in our opinion, violates our Content Standards as described above. We will inform you of the outcome of our review within a reasonable time of receiving your complaint.
Part IV – E-commerce
19.Terms and conditions of supply:
The following terms shall apply to e-commerce transactions taking place on or via the Site.
For the purposes of the clauses below:
“Publication” means any journal, book or report offered for sale in hard copy via the Site
“Digital Content” means any content acquired by you and delivered by Us in electronic form and/or any rights granted to you to access content available on the Site.
“Premium Materials” includes both Publications and Digital Content.
By placing an order through the Site, you warrant that:
(a) you are legally capable of entering into binding contracts; and
(b) you are at least 18 years old.
20.How the contract is formed between you and Us:
After placing an order, you will receive an email from Us acknowledging that We have received your order. Please note that this does not mean that your order has been accepted. Your order constitutes an offer to Us to buy the Premium Materials. All orders are subject to acceptance by Us, and We will confirm such acceptance to you by the following methods:
– In the case of a Publication: sending you an email that confirms that the Publication has been dispatched (the Dispatch Confirmation);
– in the case of Digital Content: giving you confirmation on screen, followed by an email containing a link to access the Digital Content.
The contract will only be formed when We send either of the communications set out above. The contract will only relate to the Premium Materials whose dispatch We confirm in the relevant email. We will not be obliged to supply products or permit access to any other content which may have been part of your order until you receive an email specifically relating to the Premium Materials.
21.Availability and Delivery:
If ordering a Publication, your order will be fulfilled by the delivery date set out in the Dispatch Confirmation or, if no delivery date is specified, then within 30 days’ of the date of the Dispatch Confirmation, unless there are exceptional circumstances.
Digital Content will be available for the period of time specified when you place your order.
22.Risk and Title of Publications:
All Publications will be at your risk from the time of delivery.
Ownership of the Publications will only pass to you when We receive full payment of all sums due in respect of the Publications including delivery charges, but nothing in this clause constitutes an assignment or grant of any Intellectual Property Rights in the Publication.
23.Price and Payment:
The price of any Premium Materials will be as quoted on the Site from time to time, except in cases of obvious error.
Prices are liable to change from time to time, but changes will not affect orders in respect of which We are already sent you a Dispatch Confirmation.
We are under no obligation to provide the Premium Materials to you at the incorrect(lower) price, even after We have sent you a Dispatch Confirmation, if the pricing error is obvious and unmistakable and could have reasonably been recognized by you as a mispricing.
Payment for all Premium Materials must be by credit or debit card. We will not charge your credit or debit card until We dispatch your order.
24.Import Duty & Compliance with Local Laws:
If you order Materials from the Site for delivery outside Canada, they may be subject to import duties and taxes which are levied when the delivery reaches the specified destination. You will be responsible for payment of any such import duties and taxes. Please note that We have no control over these charges and cannot predict their amount. Please contact your local customs office for further information before placing your order.
Please also note that you must comply with all applicable laws and regulations of the country for which the products are destined. We will not be liable for any breach by you of any such laws.
The Following additional Terms will apply if you are contracting as a Consumer:
If you are contracting as a consumer and have purchased:
(a) Publications: you may cancel at any time within seven working days beginning on the day after you received the Publication or, if a Subscription, the first copy of any Publication due under such a Subscription.
(b) Digital Content: you may cancel at any time within seven working days beginning on the day after you received the information from Us about how to access to the Digital Content, provided that you have neither accessed nor made any attempt to access the Digital Content in which case this right to cancel shall not apply.
In each case, if you are eligible, you will receive a full refund of the price paid for the Digital Content using the same method originally used by you to pay for your purchase, including the cost of sending the item to you. However, if applicable, you will be responsible for the cost of returning the item to Us. To cancel, you must inform Us inwriting. If you have purchased a Publication, you must return this to Us immediately in the same condition in which you received it and at your own cost and risk. You have a legal obligation to take reasonable care of the Publications whilst it is in your possession. If you fail to comply with this obligation, We may have a right of action against you for compensation.
Part V – General provisions
Applicable laws require that some of the information or communications We send to you should be in writing. When using the Site, you accept that communication with Us will be mainly electronic. We will contact you by email or provide you with information by posting notices on the Site. For contractual purposes, you agree to this electronic means of communication and you acknowledge that all contracts, notices, information, and other communications that We provide to you electronically comply with any legal requirement that such communications be in writing. This communication does not affect your statutory rights.
All notices given by you to Us must be given to SAARNA at [email protected]. We may give notice to you at either the email or postal address you provide to Us when placing your order. Notice will be deemed received and properly served immediately when posted on the Site, 24 hours after an email is sent or three days after the posting of a letter. Improving the service of any notice, it will be sufficient to prove in the case of a letter that such letter was properly addressed, stamped, and placed in the post and, in the case of an email, that such email was sent to the specified email address of the addressee.
28.Transfer of rights and obligations:
These Terms and any contract for the sale or purchase of Materials conducted via the Site are binding on you and Us and on our respective successors and assigns.
You may not transfer, assign, charge, or otherwise dispose of any of your rights or obligations arising under these Terms or any such contract, without our prior written consent.
We may transfer, assign, charge, sub-contract, or otherwise dispose of any of our rights or obligations arising under these Terms or any contract arising related to your use of the Site, at any time.
29.Events outside our control:
We will not be liable or responsible for any failure to perform, or delay in performance of, any of our obligations under a contract that is caused by events outside our reasonable control (Force Majeure Event).
A Force Majeure Event includes any act, event, non-happening, omission, or accident beyond our reasonable control and includes in particular (without limitation) strikes, lockouts or other industrial action, civil commotion, riot, invasion, terrorist attack or threat of terrorist attack, war (whether declared or not) or threat or preparation for war, fire, explosion, storm, flood, earthquake, subsidence, epidemic or other natural disaster, impossibility of the use of railways, shipping, aircraft, motor transport or other means of public or private transport, impossibility of the use of public or private telecommunications networks and the acts, decrees, legislation, regulations, or restrictions of any government.
Our performance under these Terms is deemed to be suspended for the period that the Force Majeure Event continues, and We will have an extension of time for performance for the duration of that period. We will use our reasonable endeavours to bring the Force Majeure Event to a close or to find a solution by which our obligations under the contract may be performed despite the Force Majeure Event.
If We fail, at any time, to insist upon strict performance of any of your obligations under any of these Terms, or if We fail to exercise any of the rights or remedies to which We are entitled under these Terms, this shall not constitute a waiver of such rights or remedies and shall not relieve you from compliance with such obligations. A waiver by Us of any default shall not constitute a waiver of any subsequent default and no waiver by Us of any of these terms shall be effective unless it is expressly stated to be a waiver and is communicated to you in writing.
If any of these Terms or any provisions of a contract are determined by any competent authority to be invalid, unlawful, or unenforceable to any extent, such term, condition, or provision will to that extent be severed from the remaining terms, conditions, and provisions which will continue to be valid to the fullest extent permitted by law.
These Terms and any document expressly referred to in them represent the entire agreement between us in relation to the subject matter of any contract and supersede any prior agreement, understanding, or arrangement between us, whether oral or in writing.
We each acknowledge that, in entering into a contract, neither of us has relied on any representation, undertaking, or promise given by the other or implied from anything said or written in negotiations between us prior to such contract, except as expressly stated in these terms and conditions.
Neither of us shall have any remedy in respect of any untrue statement made by the other, whether orally or in writing, prior to the date of any contract (unless such untrue statement was made fraudulently) and the other party’s only remedy shall be for breach of contract as provided in these Terms.
33.Our right to vary these terms:
We have the right to revise and amend these Terms or any clause contained within then from time to time to reflect changes in market conditions affecting our business, changes in technology, changes in payment methods, changes in relevant laws and regulatory requirements, and changes in our system’s capabilities except that such revisions or amendments do not apply to any dispute between you and Us arising, or arising out of events occurring, before the date of such revision or amendment.
34.Law and jurisdiction:
You agree that the courts of Canada shall have exclusive jurisdiction to settle any disputes arising out of or in connection with these terms or their formation. For these purposes each party irrevocably submits to the jurisdiction of the courts of Canada.
September 28, 2021