Tools Terms of Use

Use of the Contact Centre Canada Tools (including, but not limited to Surveys, Cost of Turnover Calculator and Benchmarking Tools) is governed by these Terms of Use and the Terms and Conditions of Use of the Contact Centre Canada Web Site, www.contactcentrecanada.ca (the “Web Site”) (which may be found by clicking here [insert hyperlink]). By using the Contact Centre Canada Tools, you acknowledge and signify that you have read, understood and agreed to be bound by the General Terms and Conditions of Use of the Web Site and the Contact Centre Canada Tools Terms of Use. 

 

1. YOUR ACCEPTANCE OF THIS AGREEMENT

This Contact Centre Canada Tools Terms of Use Agreement (referred to, together with Terms and Conditions of Use of the Web Site as the “Agreement”) governs the use of the Contact Centre Canada Tools and constitutes an agreement between Canadian Customer Contact Centre Council (referred to below as “Contact Centre Canada”, “we”, “us” or “our”) and users of Contact Centre Canada Tools, such as you.  By using Contact Centre Canada Tools, you signify your acceptance and agreement, and the acceptance and agreement of any party you purport to represent, without limitation or qualification, to be bound by this Agreement as it may be amended from time to time.  By using the Contact Centre Canada Tools, you also represent and warrant that you have the legal authority to agree to and accept this Agreement on behalf of yourself and any party you purport to represent.  If you do not agree with all of the terms and conditions of this Agreement, or you are not authorized to agree to and accept this Agreement, you may not use the Contact Centre Canada Tools.

 

2. CHANGES TO THIS AGREEMENT

Contact Centre Canada may change the Contact Centre Canada Tools Terms of Use and the Terms and Conditions of Use of the Web Site at any time and from time to time without notice to you by updating this posting.  By continuing to use the Contact Centre Canada Tools after the change is posted, you will signify your acceptance and agreement, without limitation or qualification, to be bound by the Contact Centre Canada Tools Terms of Use as well as the Terms and Conditions of Use of the Web Site, as amended.  You should therefore review this Agreement periodically for changes.  If you do not agree with the changes to this Agreement, you may not use the Contact Centre Canada Tools.

 

3. OWNERSHIP

 

(a) Intellectual Property Rights

Subject to section 3(b) below, Contact Centre Canada Tools and the CCC Content are the property of Contact Centre Canada or their owners as the case may be, and are protected by Canadian and international copyright, trademark, and other applicable laws.  For the purposes of this Agreement, “CCC Content” means all of the Contact Centre Canada Tools content other than User Content (as defined below), including any and all material, information in text, graphical video and audio forms, images, reports, articles, publications, data, databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names contained on the Contact Centre Canada Tools and the Web Site as well as the manner in which the Content is presented or appears and all information relating thereto. “Content” refers to CCC Content together with User Content.

Except for the rights you may have in User Content posted by you, you do not acquire ownership right or any implied right to any Content obtained, accessed or viewed through the Contact Centre Canada Tools, and the posting of information or materials on the Web Site does not constitute a waiver of any rights in such information, materials and/or Content.  

 

(b) Your Intellectual Property Rights

Contact Centre Canada claims no ownership or control over any content including any and all material, information in text, graphical video and audio forms, images, reports, articles, publications, data including but not limited to salary and employee information, Submitted Materials (as defined below), Survey Data (as defined below), databases, charts, graphics, photographs, illustrations, maps, interfaces, web pages, text, files, software, product names, company names, trade-marks, logos and trade names submitted, posted or displayed by you on or through Contact Centre Canada Tools (the “User Content”). You or a third party licensor, as the case may be, retain all rights to any User Content you submit, post or display on or through Contact Centre Canada Tools and you are responsible for protecting those rights. 

 

By submitting, posting, uploading or displaying User Content on or through the Contact Centre Canada Tools, you grant Contact Centre Canada a royalty-free, perpetual, irrevocable, unrestricted, non-exclusive, worldwide license to use, sublicense, collect, reproduce, store, compile, download, adapt, translate, modify, make derivative works from, transmit, publish, distribute, publicly perform or display such User Content for any purpose using any form, media or technology now known or later developed without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Contact Centre Canada. 

 

In addition, you hereby (i) agree to waive all moral rights in any User Content in favour of Contact Centre Canada; (ii) consent to your name, address and e-mail address appearing as the author or contributor of any such User Content, where applicable, and to the disclosure and/or display of such information and any other information which appears in or is associated with such User Content; (iii) acknowledge and agree that Contact Centre Canada is not responsible for any loss, damage, or corruption that may occur to your User Content; and (iv) acknowledge and agree that any User Content you provide for display on the Contact Centre Canada Tools will be considered non-confidential. You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any User Content submitted.

 

4. PERMITTED USES 

Contact Centre Canada hereby grants you a personal, limited, revocable, non-transferable and non-exclusive license to access, read and download the Content located on the Contact Centre Canada Tools for personal, non-commercial and not-for-profit use only. The Contact Centre Canada Tools are made available to you for your lawful, personal use only. 

 

You may print pages from the Contact Centre Canada Tools for your personal, non-commercial use only, provided that you do not modify any of the Content and you do not remove or alter any visible or non-visible identification, marks, notices, or disclaimers. Other than as specifically described herein, the Contact Centre Canada Tools and Content may not be copied, imitated, reproduced, republished, uploaded, posted, transmitted, modified, indexed, catalogued, merged with other data, mirrored or distributed in any way, in whole or in part, without the express prior written consent of Contact Centre Canada (or, in the case of User Content, the owner of the rights to the User Content).

 

5. PROHIBITED USES

You may not, and may not allow others to, directly or indirectly: (i) use the Contact Centre Canada Tools and the Content for any purpose not expressly permitted by this Agreement; (ii) remove from any copy of the Content, the copyright or other proprietary notices contained in the Content; (iii) sell, modify or attempt to modify the Content in any way or reproduce or publicly display, perform or distribute or otherwise use any Content for any public, commercial or non-personal purpose, including, without limitation, use of the Content on any other website; (iv) use the Contact Centre Canada Tools in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse the Contact Centre Canada Tools or the Web Site, or any  services, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Contact Centre Canada Tools or the Web Site; (v) disrupt or interfere with any other person’s use or enjoyment of the Contact Centre Canada Tools or the Web Site or affiliated or linked sites, or any services thereof; (vi)  use any software which is used in the operation of the Contact Centre Canada Tools except while you are browsing the Contact Centre Canada Tools or performing other activities provided through the Contact Centre Canada Tools, as permitted; (vii) copy any of the software used at Contact Centre Canada Tools unless expressly permitted to do so by Contact Centre Canada; (viii) copy or imitate, in whole or in part, the design of the Web Site or Contact Centre Canada Tools, or any part thereof. 

 

6. USER CONTENT

When using any of the features of the Contact Centre Canada Tools, it is a condition of your use of the Contact Centre Canada Tools that you agree:

 

Contact Centre Canada may review User Content before it is posted and may refuse to post any User Content to the Contact Centre Canada Tools. Contact Centre Canada reserves the right, in its sole discretion, to edit or remove, refuse to accept, post, display or transmit any User Content. You acknowledge and agree that Contact Centre Canada may, in its sole discretion, monitor or have monitored the Contact Centre Canada Tools periodically and disclose any information as necessary to satisfy any law, regulation or other governmental or Court request, to operate the Contact Centre Canada Tools properly or to protect itself or other users of the Contact Centre Canada Tools. Any such disclosure shall be in accordance with Contact Centre Canada’s Privacy Policy which may be found by clicking here [insert hyperlink]. 

 

Although Contact Centre Canada may from time to time monitor or review User Content as stated above, Contact Centre Canada does not have any obligation to do so, and disclaims any responsibility or liability for any User Content posted. User Content represents the views and opinions of the person(s) posting the User Content and does not represent the views or opinions of Contact Centre Canada, its directors or officers. Contact Centre Canada does not assume any liability, and specifically disclaims any liability, to you or any other person arising from Contact Centre Canada’s decision to monitor or not to monitor the User Content consistently or at all.  You remain solely responsible for the content and use of your User Content.

 

7. SUPPLEMENTAL TERMS AND CONDITIONS REGARDING SUBMITTED MATERIALS AND SURVEY DATA 

Unless specifically requested, Contact Centre Canada does not solicit nor does Contact Centre Canada wish to receive any confidential or proprietary information from you through the Web Site or through the Contact Centre Canada Tools, by e-mail or in any other way. Any information, User Content, creative works (including, without limitation, text, photographs, graphics, audio, visual and audiovisual content), demos, ideas, suggestions, concepts, methods, systems, designs, plans, techniques or other materials submitted or sent to Contact Centre Canada (including, for example and without limitation, that which you submit or post to the Contact Centre Canada Tools) (“Submitted Materials”) will be deemed not to be confidential, and may be used by Contact Centre Canada in any manner consistent with the Privacy Policy which may be found by clicking here.

 

Prior to submitting any Submitted Materials, you may be required register with this Web Site and provide User Information. By submitting or sending Submitted Materials to Contact Centre Canada Tools, you: (i) represent and warrant that the Submitted Materials are not confidential, and that no confidential or fiduciary relationship is intended or created between you and Contact Centre Canada in any way, (ii) represent and warrant that the Submitted Materials are original to you, that no other party has any rights thereto, and that any “moral rights” in Submitted Materials have been waived or are waived, and (iii) you grant Contact Centre Canada a royalty-free, perpetual, irrevocable, unrestricted, non-exclusive, worldwide license to use, sublicense, collect, reproduce, store, compile, download, adapt, translate, modify, make derivative works from, transmit, publish, distribute, to incorporate in other works, publicly perform or display such Submitted Materials for any purpose using any form, media or technology now known or later developed without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Contact Centre Canada.  Contact Centre Canada is not responsible for maintaining any Submitted Materials that you submit, nor is Contact Centre Canada responsible for any information included in any Submitted Materials and Contact Centre Canada may delete or destroy any such Submitted Materials at any time.

 

Notwithstanding the foregoing, Contact Centre Canada may invite you to participate in Contact Centre Canada Surveys. Contact Centre Canada understands that any quantitative information submitted in response to a Contact Centre Canada Survey (“Survey Data”) may be considered confidential information. Contact Centre Canada will not link any Survey Data you submit to any personally identifiable information and will only use Survey Data collected from Contact Centre Canada Surveys at an aggregate level by collecting Survey Data provided by Contact Centre Canada Survey respondents, analyzing the Survey Data and presenting reports based on the aggregated Survey Data collected (“Aggregated Survey Data”). Contact Centre Canada will make reasonably commercial efforts to ensure that anonymous Survey Data submitted is held in the strictest of confidence and in a manner consistent with this Agreement and Contact Centre Canada’s Privacy Policy which may be found by clicking here [insert hyperlink]. Contact Centre Canada shall not be prevented from sharing with others the Aggregated Survey Data collected through Contact Centre Canada Surveys or from storing, downloading, adapting, transmitting, making derivative works from, publishing, displaying or otherwise using the Aggregated Survey Data. 

 

8. NO ADVICE OR SOLICITATION

The Contact Centre Canada Tools and the Content are for informational or demonstrative purposes only, and may not be relied upon as professional, investment, legal, accounting, tax or other advice.  You are responsible for obtaining appropriate advice from external sources prior to acting upon any information available at or through the Contact Centre Canada Tools and the Web Site.

 

The Contact Centre Canada Tools and the Content do not constitute an offer to sell or a solicitation to buy any product or service.

 

9. PRIVACY POLICY 

Contact Centre Canada may, in its discretion, monitor your use of the Contact Centre Canada Tools. Contact Centre Canada collects, uses and discloses personal information in accordance with its Privacy Policy, which is incorporated by reference into this Agreement and available by clicking here [insert hyperlink]). 

This Privacy Policy may be changed by Contact Centre Canada from time to time, in its sole discretion, without notifying or being liable to you or any other person, by making an amended Privacy Policy accessible through the Web Site. Each time you use the Web Site and/or the Contact Centre Canada Tools, you consent to the collection, use and disclosure of your personal information by Contact Centre Canada in accordance with the Privacy Policy as it then reads.

 

10. OTHER SITES

While the Contact Centre Canada Tools may contain links to third party sites (“Linked Sites”), Contact Centre Canada is not responsible for the content of any Linked Sites. Contact Centre Canada provides links to Linked Sites as a convenience only. Contact Centre Canada makes no representation or warranty regarding any Linked Sites or their content, and does not endorse any Linked Sites or any information, or products or services appearing, available or described thereon. Links to Linked Sites do not imply that Contact Centre Canada sponsors, endorses, is affiliated or associated with, the Linked Sites, or is legally authorized to use any content displayed in or accessed through the links to the Linked Sites. When you access such Linked Sites, you are doing so at your own risk and are subject to the terms and conditions of use of the Linked Sites in question. 

 

11. DISCLAIMERS

YOUR USE OF THE CONTACT CENTRE CANADA TOOLS IS AT YOUR OWN RISK.  THE CONTACT CENTRE CANADA TOOLS AND THEIR CONTENT ARE PROVIDED ON AN “AS IS” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION REPRESENTATIONS, WARRANTIES OR CONDITIONS OF OR RELATING TO UNINTERRUPTED OR ERROR FREE OPERATION, FREEDOM FROM VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE OR DISRUPTIVE COMPONENTS, AVAILABILITY, ACCURACY, VERACITY, COMPLETENESS, CURRENTNESS, RELIABILITY, TIMELINESS, LEGALITY, SUITABILITY, PRIVACY, SECURITY, MERCHANTABILITY, QUALITY, TITLE, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE, OR THOSE ARISING OUT OF A COURSE OF DEALING OR USAGE OF TRADE, ALL OF WHICH ARE HEREBY DISCLAIMED BY CONTACT CENTRE CANADA AND CONTACT CENTRE CANADA’S PROVIDERS OR SUPPLIERS TO THE FULLEST EXTENT PERMITTED BY LAW.  

 

YOU (AND NOT CONTACT CENTRE CANADA) ASSUME THE ENTIRE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION TO ANY EQUIPMENT ARISING FROM OR CONNECTED TO YOUR ACCESS TO THE CONTACT CENTRE CANADA TOOLS AND THE WEB SITE.

 

12. LIABILITY LIMITATIONS

IN NO EVENT WILL CONTACT CENTRE CANADA, ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE AND EXEMPLARY DAMAGES OR LOSSES, HOWSOEVER CAUSED, ARISING FROM, CONNECTED WITH, OR RELATING TO THE CONTACT CENTRE CANADA TOOLS, ACCESS TO AND USE OF THE CONTACT CENTRE CANADA TOOLS, ACCESS TO AND USE OF THE WEB SITE, OR THIS AGREEMENT INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF USE, LOST PROFITS OR LOST SAVINGS, OR RESULTING FROM VIRUSES, DATA CORRUPTION, FAILED MESSAGES, TRANSMISSION ERRORS OR PROBLEMS, LINKS TO THIRD-PARTY WEBSITES, THIRD-PARTY CONTENT, USER CONTENT, PRODUCTS OR SERVICES, THE USE OR INABILITY TO USE THIS WEBSITE OR THE CONTENT UNDER ANY THEORY OF LIABILITY (WHETHER ON A CONTRACTUAL OR EXTRACONTRACTUAL BASIS, TORT, STRICT LIABILITY OR ANY OTHER THEORY OR LAW OR EQUITY), REGARDLESS OF ANY NEGLIGENCE OR OTHER FAULT OR WRONGDOING AND FUNDAMENTAL BREACH BY CONTACT CENTRE CANADA OR ANY PERSON FOR WHOM CONTACT  CENTRE CANADA IS RESPONSIBLE EVEN IF CONTACT CENTRE CANADA OR ITS AFFILIATES, LICENSORS, SUPPLIERS, SERVICE PROVIDERS OR THEIR RESPECTIVE DIRECTORS, OFFICERS OR EMPLOYEES HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR CLAIM. 

 

CONTACT CENTRE CANADA IS NOT RESPONSIBLE FOR ANY CONTENT THAT YOU MAY FIND UNDESIRABLE OR OBJECTIONABLE.

 

13. INDEMNITY

You agree to indemnify, defend and hold harmless Contact Centre Canada and all of its agents, directors, employees, information providers, licensors and licensees, officers and all other related, associated, or connected individual or corporate parties (collectively, the “Indemnified Parties”) from and against any and all actions, proceedings, costs, claims damages, demands, liabilities and costs, including without limitation reasonable legal fees and expenses, sustained and/or incurred by the Indemnified Parties, directly or indirectly arising out of or connected to your use of the Contact Centre Canada Tools, the Web Site, or the Content in breach of this Agreement, your violation or infringement of the rights of others, and/or your violation of any applicable laws.  You will assist and co-operate as fully as reasonably required by Contact Centre Canada in the defence of any such claim or demand.

 

14. LINKING AND FRAMING 

Links to Contact Centre Canada Tools without the express written permission of Contact Centre Canada are strictly prohibited. To request permission to link to the Contact Centre Canada Tools, please contact Contact Centre Canada’s webmaster at 1-613-232-2063.  Contact Centre Canada reserves the right to summarily cancel and revoke at any time and without notice any permission it may give to link to Contact Centre Canada Tools.

 

The framing of Contact Centre Canada Tools or any of the Content in any form and by any method is strictly prohibited.

 

15. COMMENTS AND UNSOLICITED IDEAS

Contact Centre Canada welcomes your comments regarding Contact Centre Canada Tools (“Comments”).  Any Comments you may submit are subject to the terms referenced below.

 

By submitting any Comments to Contact Centre Canada, to the Web Site or to the Contact Centre Canada Tools, you automatically grant (or warrant that the owner of the Comments grants) to Contact Centre Canada a perpetual, royalty-free, irrevocable, non-exclusive right and license to use, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform and display the Comments or any ideas, concepts, know-how or techniques associated with the Comments for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to you or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Contact Centre Canada, and you warrant and represent that all moral rights in the Comments are waived.

 

16. JURISDICTIONAL ISSUES

The Contact Centre Canada Tools are controlled by Contact Centre Canada from its offices in Ottawa, Ontario, Canada.  Access to the Contact Centre Canada Tools from locations where the Content is illegal is prohibited.  If you are accessing Contact Centre Canada Tools from other locations, you must comply with all laws applicable in your jurisdiction.

 

17. TERMINATION OF THIS AGREEMENT

If you breach any provision of this Agreement, Contact Centre Canada may prohibit you from using the Web Site and/or the Contact Centre Canada Tools. Contact Centre Canada may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Web Site and/or the Contact Centre Canada Tools, or any part thereof, including i) changing the availability of, restricting access to, or imposing limits on any or all features or services on, or links to, the Web Site and/or the Contact Centre Canada Tools; ii) removing, adding, modifying or otherwise changing any Content on the Web Site and/or the Contact Centre Canada Tools. Contact Centre Canada reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Site and/or the Contact Centre Canada Tools at any time without notice, but confirms that it has no obligation to do so.  

 

If this Agreement or your permission to use the Web Site and/or the Contact Centre Canada Tools is terminated by you or us for any reason, then (a) you must cease your use of the Web Site and destroy all materials obtained from the Web Site and all related documentation and all copies and installations thereof, whether made under this Agreement or otherwise; (b) this Agreement will nevertheless continue to apply and be binding upon you in respect of your prior use of the Web Site and/or the Contact Centre Canada Tools and anything connected with, relating to or arising from that use; and (c) we may continue to use and disclose your personal information in accordance with our Privacy Policy, as amended from time to time. Sections 3 (Ownership), 4 (Permitted Uses), 5 (Prohibited Uses), 6 (User Content), 7 (Supplement Terms and Conditions Regarding Submitted Materials), 9 (Privacy Policy), 10 (Other Sites), 11 (Disclaimers), 12 (Liability Limitations), 13 (Indemnity), 14 (Linking and Framing), 15 (Comments and Unsolicited Ideas), 17 (Termination) and 19 (Contact) survive indefinitely after the termination of this Agreement.

 

18. GOVERNING LAW AND DISPUTE RESOLUTION

This Agreement, your use of the Contact Centre Canada Tools and their Content, and all matters relating thereto are governed by the laws of the Province of Ontario, Canada and the federal laws of Canada, excluding any rules of private international law or the conflict of laws which would lead to the application of any other laws.

 

Any dispute between Contact Centre Canada and you arising from or relating to Contact Centre Canada Tools or the Content or this Agreement shall be resolved before the Courts of the Ottawa, Canada sitting in the City of Ottawa, and you hereby irrevocably submit to the original and exclusive jurisdiction of those Courts in respect of any such dispute.

 

19. CONTACT US

If you have any comments or questions about this Agreement or your use of the Web Site and/or the Contact Centre Canada Tools, please contact Contact Centre Canada at 1 Promenade Antares Drive, Suite 230, Ottawa, Ontario K2E 8C4. 

 

20. GENERAL

If any provision of this Agreement is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed to be severable from the rest of the Agreement and shall not affect the validity and enforceability of any remaining provisions.

 

No waiver by either party of any breach of or default under this Agreement shall be deemed to be a waiver of any preceding or subsequent breach or default.

 

This Agreement, including any changes made to this Agreement from time to time, constitutes the entire agreement between you and Contact Centre Canada relating to your use of Contact Centre Canada Tools and supersedes all previous agreements, written, oral or otherwise, between the you and Contact Centre Canada with respect to your use of Contact Centre Canada Tools and the Content.  This Agreement does not vary, alter, modify or otherwise affect any other more specific agreements between you and Contact Centre Canada regarding other matters. In the event of any conflict between the Contact Centre Canada Tools Terms of Use and the General Terms and Conditions of Use of the Web Site, the Contact Centre Canada Tools Terms of Use shall have precedence.

 

Any rights not expressly granted by this Agreement are reserved to Contact Centre Canada.

 

Last Updated:  March 9, 2010