Website Terms & Conditions of Use

Effective Date: September 28, 2018

PLEASE READ THESE TERMS AND CONDITIONS OF USE (“TERMS”) CAREFULLY BEFORE USING THIS SITE.

Welcome to www.encon.ca. We refer to this website and its entire contents, features, design, and functionality as the “Site.” This Site is operated by ENCON Group Inc. (ENCON).

Your Acceptance of these Terms

  1. You Accept Posted Terms. Any time you make use of this Site, you agree to comply with and be bound by the Terms in effect on your date of access (see “effective date” above). If you do not agree to be bound by the Terms, you should not access or view this Site.
  2. You Accept Amendments to Terms. Please be aware that ENCON may amend the Terms from time to time. Your use of the Site following such changes constitutes your acceptance of the changes. If we make changes to these Terms, we will update the “Effective Date” at the top of the page. Accordingly, please continue to review the Terms whenever accessing the website.
  3. You are Legally Capable of Accepting the Terms. You are at least 18 years old and/or possess the legal authority to form legally binding contracts under applicable law to use this Site.
  4. Your Other Written Agreements are Separate From These Terms. These Terms govern your use of this website and are separate from the terms or conditions of any other agreements you have entered into with ENCON.

Your Obligations as a User of this Site

  1. Prohibited uses. You agree not to make any use of this Site that:
    1. is illegal, fraudulent, or abusive;
    2. is defamatory or obscene;
    3. could compete with the business of ENCON, its business partners, or licensees;
    4. violates the intellectual property rights of ENCON or a third party;
    5. could interfere with any third party's use and enjoyment of the Site;
    6. introduces viruses or other harmful programs or code;
    7. circumvents passwords, captchas, robot.txt scripts and similar technologies intended to protect users and/or our intellectual property;
    8. archives, mines, or harvests any personal information or intellectual property;
    9. could damage, disable, overburden, or impair any ENCON server or the networks connected to any ENCON server; or
    10. disseminates unsolicited promotional or advertising material, spam or similar materials or any volume messages which may interfere with the operation of this Site or with the enjoyment of this Site by other visitors.
  2. Linking.
    1. You are free to link to any publicly available page on this Site, provided that you agree to immediately remove any such link upon ENCON’s request.

Site Purpose and Content

  1. Intellectual Property. This Site is owned by ENCON and its licensors and protected by copyrights, trademarks, and other proprietary rights and laws. You acquire no rights in the Site or license to its content other than a limited, nonexclusive, personal license to access, view, download and print any publicly available content solely for noncommercial and informational purposes. You may not modify any content you use in any way, and all copyright, trademark, and other proprietary notices must be kept intact and remain in effect. You may not offer for sale any part of this Site. You agree to protect the proprietary rights of ENCON and its licensors and agree to promptly notify ENCON in writing (contact details below) if you become aware of unauthorized use of the Site that infringes on any proprietary rights.
  2. Site Content; Availability. This Site is for general information purposes only. The Site is not intended to be taken as legal, tax, financial, or other professional advice with respect to any individual situation. ENCON accepts no responsibility if the information is incomplete, inaccurate, out of date, or not fit for your particular purpose. ENCON reserves the right at any time and without notice to enhance, modify, alter, suspend or permanently discontinue all or any part of this Site and to restrict or prohibit access to it.
  3. Links to Third Party Websites. Solely for your convenience, this Site may provide links or redirect you to third party websites. ENCON has no control over third party websites, is not liable for their accuracy, content, or security, and makes no endorsement of third party websites’ owners, contents, or services. Your use of third party websites is at your sole risk, so you should review the terms and conditions and privacy policies of any third party websites prior to use.
  4. Global Access. ENCON is based in Ontario, Canada and provides this Site for use by persons located in Canada. We make no claims that the Site or any of its content is accessible or appropriate outside of Canada, and you are responsible for ensuring any use you make of this Site complies with local law.
  5. NO WARRANTIES. This Site is provided to you “AS IS,” without any warranties or guarantees. To the extent permitted by law, ENCON disclaims all conditions, representations and warranties, express, implied, statutory or otherwise, including any warranties of merchantability, fitness for a particular purpose, title, accuracy of informational content, system integration, non-infringement of third party rights, quiet enjoyment, and uninterrupted or error free operation.
  6. DISCLAIMER OF LIABILITY. ENCON accepts no liability to you arising from your use of this Site. Your sole remedy is to discontinue using this Site. Specifically, to the extent permitted by law, ENCON disclaims liability for any lost profits or income, lost business, or lost data, or for any consequential, indirect, exemplary, punitive, special, or incidental damages arising from or relating to the Site. This limitation on ENCON’s liability applies to ENCON and all of its subsidiaries, employees, officers, directors, suppliers, subcontractors and agents. <Insert any specific carve outs required under local law>.

ENCON’s Rights and Duties Regarding User Conduct and Submissions

  1. Use of Information you Submit. By submitting information on this Site, you grant ENCON, its affiliated companies, its service providers, and sub-licensees permission to use your information in connection with the operation of their businesses including, without limitation, the rights to: copy, distribute, transmit, reproduce, edit, translate and reformat your information. You agree that ENCON may use any information it collects in connection with this Site for data analytics purposes, including but not limited to benchmarking, modeling, consulting, creating insights, reports and other analytics to provide, improve the quality of, and market ENCON’s products and services. Where required by law, we obtain your consent prior to such use and/or utilize de-identified and/or aggregated data for analytics.
  2. Consent to Receive Electronic Delivery of Statements, Policy Documents and Notifications for Your ENCON Insurance Coverage. If you have registered an account on an ENCON secure website, you consent to receive your Statements, Policy Documents and website Notifications in electronic form rather than in paper form. Your consent takes effect immediately, although depending on the date you registered with us for online services, you may receive one more paper delivery by regular mail.

    You understand and agree that we will notify you via email when new Statements, Policy Documents and website Notifications are available. It is your responsibility to ensure the email address included on your account profile is correct, up-to-date and functioning. ENCON will not be responsible to you in any way for any damages or costs incurred by you as a result of your failure to:

    1. Receive an email notification; or
    2. Review your electronic Statements, Policy Documents and Notifications.

  3. Privacy. You agree that all personal information you provide or that we collect about you through this Site is governed by our Privacy Notice.
  4. Monitoring; Termination. ENCON, in its sole discretion, has the right to (i) remove or refuse to post any user content, (ii) disclose your identity or other information about you to any third party who claims that material posted by you violates their rights or in response to a subpoena, (iii) take appropriate legal action, including referral to law enforcement, for any illegal or unauthorized use of the Site, and (iv) suspend your access to this Site and refuse to provide you with any further access to it. You agree that ENCON is not liable for any damages you may suffer from its exercise of these rights.
  5. Assignment. ENCON may assign these Terms and its rights and obligations under these Terms without your consent and at its sole discretion. You may not assign or transfer your rights and obligations under these Terms.
  6. No Waiver. ENCON’s failure to assert its rights at any time will not be deemed a waiver of these Terms. No consent or waiver will be effective unless in writing and signed by both parties.

Specific Legal Issues

  1. Governing Law and Venue. You agree that any dispute arising out of or in connection with the Site or these Terms will be governed by the laws of the Province of Ontario without reference to conflict of laws principles that would require the application of the laws of any other jurisdiction. You agree to submit to the exclusive personal jurisdiction and venue of courts located in the Province of Ontario.
  2. INDEMNIFICATION. To the extent permitted by law, you agree to indemnify ENCON and its affiliates, employees, officers, directors, agents, successors, and assigns against any costs, claims, losses and damages (including legal fees) incurred by or awarded against ENCON as a result of your use of this Site or your breach of these Terms.
  3. Invalidation of Terms. If a competent authority finds any portion of these Terms invalid or unenforceable, you agree that all other Terms will remain in effect.
  4. Void Where Prohibited; Restrictions. ENCON reserves the right to limit, in its sole discretion, the provision and quantity of any feature, product or service on this website to any person or geographic area. Any offer for any feature, product or service made on the website is void where prohibited. If you choose to access the website from outside Canada, you do so on your own initiative and you are solely responsible for complying with applicable local laws. This website is not intended or authorized (a) for use in any territory or by any party subject to sanctions or export restrictions under laws applicable to ENCON or you, or (b) in the case that website access or use in a territory or by a party would expose ENCON or its affiliates to any sanction, prohibition or restriction under UN Security Council Resolutions or other trade or economic sanctions laws or regulations. You may not use, export or re(export) this website or any copy or adaptation of this website in violation United Nations Security Council Resolutions or applicable laws.

How to Contact Us

  1. Password Confidentiality. If you have registered an account on an ENCON secure website, you are entirely responsible for maintaining the confidentiality of your password, exiting properly from your account and for all activities conducted within your account. You will contact ENCON immediately (toll free 1-800-267-6684) if you become aware of unauthorized activity in your account. ENCON is not responsible for the consequences resulting from any such unauthorized activity.
  2. Agent For Notice Of Claimed Copyright Infringement. ENCON respects the intellectual property rights of authors. To assist copyright owners, ENCON has appointed an agent to receive notifications of allegations of copyright infringement regarding materials available on the Site. Any person authorized to act for a copyright owner may notify us of such claims by contacting us in writing at the following address:

    ENCON
    Attn: Copyright Agent
    500-1400 Blair Place
    Ottawa, Ontario K1J 9B8

  3. Contact. Any inquiries regarding this Site or these Terms should be emailed to info.ot@encon.ca or mailed to ENCON Group Inc., 500-1400 Blair Place, Ottawa, Ontario K1J 9B8.