Terms and Conditions

The Information and Communications Technology Council (ICTC, “we”) presents this web site and others (collectively, the “ICTC web sites”) for our visitors’ personal use, including educational and informational purposes.

ICTC provides two other Legal Information documents in addition to these Terms and Conditions. ICTC’s Privacy Statement describes how ICTC collects, uses, and shares personal information. ICTC’s Accessible Customer Service Policy describes ICTC’s accessibility practices.

Terms and Conditions of Use

Any use of the ICTC web sites is bound by the Terms and Conditions below, as well as by the laws of Ontario and Canada. When you browse the ICTC web sites, you have accepted, without qualification or limitation, these Terms and Conditions, superseding any other agreements, express or implied, between you and ICTC. If you do not agree with these Terms and Conditions, you should not use the ICTC web sites. Using the ICTC web sites following the posting of updates to these terms will mean you accept those changes.

You should assume that everything on the ICTC web sites is copyrighted material, unless otherwise noted. This means you cannot use it except as these Terms and Conditions apply, unless you have obtained written permission from ICTC. For any material on the ICTC web sites supplied by third parties, written permission must be obtained from the lawful copyright owner before it can be used. You can view and download material on the ICTC web sites for your personal use. You must retain and observe all of the proprietary and copyright notices on ICTC materials. You are not permitted to use, repost, modify, publish or duplicate ICTC content for commercial or other public use without securing specific written authorization from ICTC.

If you send any comments, letters, questions or other data to the ICTC web sites, it can be treated as non-confidential and non-proprietary. This means that anything you send to the ICTC web sites can be used by ICTC for any purpose, including but not limited to publication, broadcast, transmission over networks or other media, discussion, and public disclosure. We reserve the right to make use of any comments and suggestions sent by you to the ICTC web sites for any purpose, without obligation to ICTC to provide compensation, acknowledgement or other considerations for such use.

Copyright

Copyright is a right granted by statute to the author or originator of certain literary or artistic productions, where the author or originator is invested, for a specified period of time, with the exclusive right to do and to authorize a number of acts. It grants the right to make copies and the related right to prevent others from making copies of the work. Copyright protection is utilized as a primary source of protection for traditional published materials as well as computer programs and other works in digital form, which, even when they exist in a form unintelligible to humans, such as object code, are considered to be literary works for the purposes of copyright law.

Permission to Copy

You may be allowed, without obtaining prior written permission, to use certain images, software or text for advertising, in books and other printed matter, on clothing or other promotional items, online and Internet locations, for public exhibitions or demonstrations, in software applications, in television programs, commercials, movies, and/or video tapes, provided the use is not disparaging. The use must fall within the definition of “fair dealing” or “fair use” as defined under Canadian, U.S. and other applicable international copyright law. No use should mislead the public as to ICTC sponsorship, affiliation or endorsement of your products or services.

NOTE: Please read the End User License Agreement (EULA) and other product documentation which accompanies ICTC products to determine what rights are granted to a licensed user of ICTC products. In addition you should consult with your own copyright attorney in determining whether your intended use constitutes “fair dealing” or “fair use,” as applicable.

Use of Text and Documents

Web Content: Not all articles, documents, manuals, help files, white papers or other documents that are contained in the ICTC web sites are owned by ICTC. ICTC is not the copyright owner of everything that is posted on the ICTC web sites. If another party is identified as the copyright owner, please contact them directly for permission to use the documentation. If there is no copyright attribution, or if ICTC is identified as the copyright owner, please contact us using our Contact Form.

Web Pages: Certain use of text from the ICTC websites may not require written permission as the use may be similar to making use of ICTC logos and images.

Product Manuals: If you wish to copy, redistribute or reprint an ICTC product manual, please contact us using our Contact Form.

Other Publications: If you have a copyright question or reprint request with regard to products published by ICTC, please contact us using our Contact Form. Your request should include the following information:

• Full ICTC publication title

• Author’s name

• ISBN#

• Specific pages you wish to reprint (give page numbers)

• Reason for reprint

• Intended audience

If ICTC is identified as the copyright owner, please contact us using our Contact Form.

Use of Images and Logos

Logos and Trademarks: All logos and trademarks are either the property of ICTC, or are used on the ICTC web sites with permission. The re-use of these images by you or any other person is forbidden unless directly permitted by ICTC.

Other proprietary symbols, images, and language contained on the ICTC web sites should be assumed to be trademarks of ICTC and others. Nothing on the ICTC web sites grants any licence, specific or implied, for the use of trademarked information without you first obtaining the specific written permission of the lawful trademark owner. Any use of trademark content without written permission of the lawful trademark owner is forbidden.

If there is a specific logo or image you are interested in using when featuring ICTC or its products, please contact the Communications Team using our Contact Form. You will be provided access to an external repository of ICTC approved logos, images, and a copy of our External Branding Guide. Or, you may choose to simply refer to an ICTC product.

Photos of People and Places: Recognizable images or videos of persons and locations are either the property of ICTC and/or are used on the ICTC web sites with permission. The reuse of these images or videos by you or any other person is forbidden unless directly permitted by ICTC. Images and videos of persons and places are strongly protected by Canadian and international copyright, privacy, trademark and regulatory body laws and regulations.

Other Photos and Product Images: Your use of other photos included on the ICTC web sites, or photos of ICTC products, may be considered appropriate use (see the “Permission to Copy” section above). Appropriate uses may not require written permission so long as the use is not disparaging and falls within the definition of “fair dealing” or “fair use” under international and/or Canadian Copyright law, as applicable. If these requirements are satisfied, appropriate use may include:

• Use of ICTC product or software images in advertising, on documentation, in books and other printed material; on television, commercials or other video media; and in software applications, or on web pages.

• Maintaining the integrity of any logo, product or software image used and refraining from altering the photo except to resize.

The following guidelines apply for the usage of ICTC photos and product images:

1. You may not disparage ICTC or any of its products in your use of ICTC images.

2. You should not use our product(s), product name(s), corporate name, product shots or other copyrighted material in a way that would indicate ICTC sponsorship, affiliation or endorsement of your product.

3. The ICTC product image(s) must not be the most prominent visual element. your product, company name, logos or graphics should be significantly larger than the size of the ICTC product image.

4. You should use only ICTC approved product images (as mentioned above), including the entire product packaging. You may NOT use portions of the graphics, artwork or trade dress from the packaging, nor may you alter the product images in any way except to resize to fit your needs.

5. The copyright attribution should state: “reprinted with permission from ICTC Inc.” If any ICTC product is mentioned, the full name of the ICTC product should be used at the first and most prominent mention or as soon as practicable thereafter, and the ICTC trademark(s) should be marked as they appear on the ICTC product packaging. A footnote attributing trademark ownership to ICTC should be used.

All other use of product images of ICTC products requires written permission. Please submit your request in writing with samples, drawings or mock-ups of the product images showing how you wish to use them.

If you are having difficulty deciding whether your intended use is appropriate you should seek the advice of your own attorney. ICTC will not assist you in making this determination.

Disclaimer of Liability for ICTC Web Site Content

ICTC makes reasonable efforts to ensure that information on the ICTC web sites is accurate and current, but ICTC does not take responsibility or liability for omissions or mistakes in the content of the ICTC web sites.

You make use of the ICTC web sites and their content at your own risk. ICTC and any other parties who have participated in the operation or content of the ICTC web sites will not be liable for any damages, direct or other, as a consequence of visiting or using the ICTC web sites or their content.

Any information or content provided to you by the ICTC web sites is provided as is, without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for any purpose, or non-infringement of copyright, patent, or other intellectual property right or law. Similarly, there shall be no liability or responsibility to ICTC for any malicious code that may infect your computer, server or other property as a result of visiting, using or downloading any materials from the ICTC web sites.

ICTC’s information and content published or made available through the ICTC web sites, including research reports, data, tools, and referrals to third party service providers, is provided solely for educational, research, and informational purposes. While ICTC endeavours to provide high-quality, accurate, comprehensive research and educational materials, reports and tools available to the public, ICTC cannot guarantee that all ICTC content or information published via the ICTC web sites is free from error or omission, and you agree that ICTC cannot be held liable or responsible for any reliance on ICTC’s content or information, including information presented by ICTC’s web sites, tools, reports, educational courses, or other digital services. You also agree that ICTC cannot be held liable or responsible for failure to update the ICTC web sites. It is your responsibility to confirm that any information published on the ICTC web sites is accurate and complete before taking any decisions related to any such information.

ICTC may, at its sole discretion and without prior notice, temporarily or permanently suspend the availability of the ICTC web sites or portions thereof. You agree that ICTC cannot be held liable for any damages arising from such suspension of availability.

Disclaimer of Liability for Digital Services and Products

ICTC provides various products and digital services through the ICTC web sites, including but not limited to publications and online educational courses that may be purchased by visitors. In some cases, visitors may be provided products or digital services by ICTC without making a purchase; for example, a visitor may be provided a digital service by ICTC because the visitor qualifies for provision of the service through a government-managed program. In some cases, ICTC may provide digital services, such as online courses, through third-party intermediary organization or platforms. These Terms and Conditions, and in particular the current Disclaimer of Liability for Digital Services and Products, apply equally to digital services provided to non-paying visitors and digital services provided through such third-party intermediaries.

ICTC is not responsible for any damages caused to the software and hardware of visitors or third parties during the use of any digital services offered on the ICTC web sites, nor for damages of any kind caused to visitors as a result of technical problems such as failures or disconnections in telecommunications networks or third party digital service or web site hosting services.

Any products or services provided to you by the ICTC web sites or purchased by you from the ICTC web sites, either directly or via a third party web site processing or fulfilling your purchase, is provided as is, without warranty of any kind, either express or implied, including but not limited to implied warranties of merchantability, fitness for any purpose, or non-infringement of copyright, patent, or other intellectual property right or law.

A description of ICTC’s products and digital services may be provided on the ICTC web sites. ICTC will provide the products and digital services with reasonable care and skill in accordance with the description set out on the ICTC web sites. ICTC reserves the right to vary or withdraw any of the products or digital services described on the ICTC web sites without notice.

It is your responsibility to confirm that the products or digital services you are purchasing will meet your needs. ICTC makes no representations to you that you will obtain a particular result, professional qualification, or employment opportunity from your purchase and/or use of any of the products or digital services.

If you are not 100% satisfied with your purchase of a product or digital service from the ICTC web sites, within 120 days from the purchase date, we will fully refund the cost of your order. Please contact us using our Contact Form to request a refund.

Nothing included in ICTC’s products or digital services shall be deemed to be professional advice. Although ICTC endeavours to provide product and digital services that adhere to the highest standards of the industry, neither ICTC, nor its personnel accept any liability for (i) any inaccuracy or misleading information provided in its products or digital services or any reliance by you on any such information, (ii) any loss or corruption of data, (iii) any loss of profit, revenue or goodwill, or (iv) any indirect, special or consequential loss arising from any breach of these Terms and Conditions.

ICTC’s total liability arising from or in connection with these Terms and Conditions and the delivery of ICTC’s products or digital services, including breach of contract, negligence, or any other reason or cause of action, shall be limited to the fees received by ICTC in connection with the relevant product or digital service. Notwithstanding the immediately preceding sentence, nothing in these Terms and Conditions shall exclude or limit ICTC’s liability for (i) death or personal injury caused by negligence, (ii) fraudulent misrepresentation, or (iii) any other matter which, under the laws of Canada or the province of Ontario or any other province of Canada, may not be limited or excluded.

Disclaimer of Liability for Third Party Content and Conduct

The ICTC web site may make various types of information of third parties available, including but not limited to documents, articles, reports, and information posted to forums, message boards and/or news groups. By making use of the ICTC web site, you acknowledge and agree that third party content is not created by ICTC. The ICTC web site provides the third party content for general informational purposes only, and the provision of the third party content by the ICTC web site does not constitute a recommendation or solicitation to purchase or sell any product or service or to make any other type of purchase or decision.

ICTC cannot guarantee that such third party content will be free of material you may find objectionable or otherwise. ICTC disclaims any responsibility or liability related to your access or use of any third party content. If you believe that any ICTC content or third party content provided on the ICTC web site, including information posted to ICTC forums, message boards and/or news groups, is in breach of legal or regulatory requirements, including content that infringes intellectual property rights, obscene content, defamatory content, fraudulent content, or content in violation of human rights legislation, please contact us using our Contact Form. ICTC may perform moderation of its forums, message boards, news groups and/or other third party content published to the ICTC web site from time to time, in response to notifications or otherwise, but ICTC does not guarantee that notification regarding any such content will result in the content being removed from the ICTC web site.

Any other web site you visit via a hyperlink from the ICTC web site is solely the responsibility of the third party providing the other web site. Links that may be accessed via the ICTC web site are for the convenience of visitors only. The content of any other web site, including materials and information published there, is solely the responsibility of the third party provider of that website. Any transactions that you enter into with a third party linked to or referenced by the ICTC web site are solely between you and that third party. ICTC does not endorse any content published by other web sites, nor the organizations publishing those other web sites, and hereby disclaims any responsibility for such content.

ICTC may make use of third party payment processors to process payments for products or services. You agree that ICTC cannot be held liable for any damages caused as a result of the conduct of any such third party payment processors.

No warranty of any kind is provided as to any information, content, products, or services provided to you by third party web sites that may be linked to or referred to by the ICTC web sites. Similarly, there shall be no liability or responsibility to ICTC for any malicious code that may infect your computer, server or other property as a result of visiting, using or downloading any materials from any third party web site.

Contacting ICTC

If you wish to contact ICTC regarding these Terms and Conditions, please contact ICTC at:

Information and Communications Technology council (ICTC)

116 Lisgar Street, Suite 300

Ottawa, ON

K2P 0C2

Phone: 613-237-8551

Fax: 613- 230-3490

Online: Please use our Contact Form.

Last updated: 2021-07-16