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  1. Introduction. These are the terms of use on which you may make use of the MesCertif™, MyCreds™, MyCreds™ Portfolio, MyCreds™ Verify, and MyCreds™ Member sites (the “Solution” as further defined below), as an authorized user. Please read these end-user terms carefully before you start to use the Solution. If new terms or conditions accompany any updates, upgrades, documentation and new functionality made available from time to time, then those new terms will apply. By using the Solution, you indicate that you accept these terms of use and that you agree to abide by them. If you do not agree to these MyCreds™ End User Terms of Use, you are not authorized to use the solution.
  2. Defined Terms.
    • ARUCC” means the Association of Registrars of the Universities and Colleges of Canada – ARUCC, a not-for-profit entity which owns the Solution.
    • Personal Information” means information about an identifiable individual.
    • Service Provider” means Digitary Canada Inc.
    • Service Provider IP” means Service Provider’s Certified Online Record Exchange (CORE) cloud platform.
    • Solution” means the MesCertif™, MyCreds™, MyCreds™ Portfolio, MyCreds™ Verify, and MyCreds™
      Member sites at mycreds.ca and mescertif.ca, and the software solution for the verification of academic credentials for a network of Canadian post-secondary institutions, using the Certified Online Record Exchange (CORE) cloud platform, together with any updates, upgrades, documentation and new functionality made available from time to time.
  3. Login & Access. By signing in, you agree to create an account on the Solution. You are responsible for maintaining the confidentiality of your account information, password and login. You are responsible for all uses of your account. You agree to immediately notify us of any unauthorized use of your account. You also represent and warrant that the person entering into these terms has the authority to do so.
  4. Use Restrictions. As an authorized user, you agree not to, and you will not permit any third party to:
    • copy, modify, or create derivative works based on the Solution or the Service Provider IP or attempt to do so, in whole or in part outside the scope of these terms;
    • rent, lease, lend, sell, license, sublicense, assign, distribute, publish, transfer or attempt to do so, or otherwise make available the Solution or the Service Provider IP, outside the scope of these terms;
    • reverse engineer, disassemble, decompile, decode, adapt, frame, mirror, download, display, transmit or otherwise attempt to derive or gain access to any software component of the Solution or the Service Provider IP, in whole or in part;
    • remove any proprietary notices from the Solution or the Service Provider IP;
    • access or use the Solution or the Service Provider IP, for the purpose of providing services to third parties outside the scope of these terms;
    • access or use all or any part of the Service Provider IP or the Solution in order to build or develop a product or service which competes with the Service Provider IP or the Solution;
    • attempt to obtain, or assist third parties in obtaining, access to the Solution or the Service Provider IP, other than as provided for under these terms; or
    • access, store, distribute or transmit any harmful code, or any material during the course of accessing or using the Solution or that: (A) is unlawful, harmful, threatening, defamatory, obscene, infringing, harassing or racially or ethnically offensive; (B) facilitates illegal activity; (C) depicts sexually explicit images; (D) promotes unlawful violence; (E) is discriminatory based on race, gender, colour, religious belief, sexual orientation, disability; or (F) in a manner that is otherwise illegal or causes damage or injury to any person or property.
  • ARUCC and the Service Provider each reserve the right, without liability or prejudice to its other rights, to suspend or disable any authorized user’s access to the Solution for any failure by such authorized user to comply with these terms.
  1. Personal Information. If you provide or authorize the release, disclosure or sharing of your Personal Information during your use of the Solution, you consent to any such collection, use and disclosure of your own Personal Information, and you agree to obtain all necessary consents in relation to any Personal Information that is not your own. ARUCC and Service Provider agree to comply with applicable privacy and data protection laws in the handling of all Personal Information. Our personal information handling practices are subject to ARUCC’s Privacy Policy.
  • ARUCC may collect, aggregate, and anonymize information or transactional data input or collected through the Solution, for the purpose of statistical analysis, data analytics, product improvement, benchmarking, policy, operations and other research, and for other business purposes, subject to the following:
  • All aggregated data will be stripped of identifiers (such as specific users, names or student numbers) that would identify specifics about individual users;
  • Aggregated data will not be traceable back to any specific users; and
  • ARUCC shall have rights hereunder to use, dispose of and own such anonymized and aggregated data at its discretion whether during or after the term of this agreement.
  1. Technical Matters & Support. You, as an authorized user, must use the appropriate software and hardware system capabilities according to system requirements, technical standards and specifications stipulated by ARUCC or its service providers from time to time. You will be responsible for your own software, hardware and internet connections to enable certain functionality of the Solution. Neither ARUCC nor the Servicer Provider shall bear any liability or otherwise be responsible for delays in the provision of the Solution occasioned by your failure to meet those technical requirements. You acknowledge and agree that ARUCC and the Service Provider disclaims all liability for all problems, conditions, delays, delivery failures and all other loss or damage arising from or relating to your own software, hardware or internet connections.
  2. Support. If technical support, onboarding services, training or other required services are part of your paid package, ARUCC or its Service Provider’s responsibility for support is explicitly limited to the Solution and does not include support, troubleshooting or maintenance for the hardware or software of third parties, platform vendors or others. Any such additional services will be subject to the applicable support terms. You grant permission to ARUCC or its authorized service providers to access Personal Information supplied by you for the purpose of providing technical support.
  3. Payment Terms. You agree to pay the fees payable for your use of the Solution, as invoiced by ARUCC. If the full payment is not received by us or our payment provider, we may, in our sole discretion, suspend access to the Solution for non-payment.
  4. Intellectual Property Rights. ARUCC is the owner or the licensee of all intellectual property rights in the Solution, and in the material and documentation published on it. All Service Provider IP is owned by the Service Provider. As an authorized user, you will not contest or challenge the foregoing IP rights.
  5. Indirect Damages. In no event will any party be liable under or in connection with this agreement under any legal or equitable theory, including breach of contract, tort (including negligence), strict liability, and otherwise, for any consequential, incidental, indirect, exemplary, special, aggravated, or punitive damages, loss of profits, business interruption, loss of sales or business, loss of data or data corruption, depletion of goodwill and/or similar losses, or pure economic loss, regardless of whether either party was advised of the possibility of such losses or damages or such losses or damages were otherwise foreseeable.
  6. You acknowledge and agree that the Solution cannot be guaranteed error-free, and that the existence of any error does not amount to a breach of these terms. The solution is provided to you on “as is” basis. Except for the express conditions and warranties set forth in these terms, ARUCC and the Service Provider hereby disclaim all conditions and warranties, whether express, implied, statutory, or otherwise, under these terms and in respect of your use of the Solution.
  7. Limitation of Liability. To the full extent permitted by law, the cumulative liability of each of ARUCC or the Service Provider, or any of their respective service providers to any authorized users under or in connection with these terms, or the Solution, or the Service Provider IP, will not exceed in aggregate the total fees paid or payable by the authorized user to ARUCC in the 12 months prior to the last event giving rise to the relevant liability.
  • Each of ARUCC’s and Service Provider’s liability to you under or in connection with this agreement will be reduced proportionally to the extent that any of your acts or omissions contributed to the loss or liability.
  • Each party must use all reasonable endeavours to mitigate its losses.
  1. General Terms.
    1. Governing Law & Disputes. This Agreement is governed by the laws of the Province of Alberta, without regard to its conflict of laws rules. You agree that by entering into this agreement you have attorned to the exclusive jurisdiction of the courts in the Province of Alberta for the resolution of any disputes related to this agreement.
    2. Assignment. You will not assign, transfer, encumber or otherwise dispose of any or all of the rights granted to you under these terms, without the prior written consent of ARUCC. We may assign this agreement to a third-party upon written notice to you.
    3. Language. These terms were originally written in English. A French translation is provided here for information purposes only. Legally, the English version prevails.
    4. Entire Agreement. These terms, the applicable invoice, and any applicable privacy policy, technical support policy, or service level policy or other applicable policies, set out the entire understanding between the parties related to your access to and use of the Solution.
    5. Changes. On release of any updates, upgrades, documentation and new functionality made available from time to time, or material change in the Solution, we reserve the right to modify these terms and to impose new or additional terms or conditions. The then-current terms (including any modifications and additional terms and conditions if applicable) will be presented to you and will be effective immediately upon your acceptance of the terms and continued use of the Solution.
    6. Electronic Acceptance. This agreement may be agreed to by electronic acceptance.

 

End of MyCreds™ Platform End User Terms