TERMS & CONDITIONS OF PRODUCT LICENCE
These Terms & Conditions of Product Licence (“Product Licence”), which form part of the
Terms of Service, set out the basis upon which Queen’s will provide, and the
customer (“you”/”your”) may use the Smith OnDemand training courses and course materials (the “Product”). Electronic
access to the Product constitutes your agreement to the Product Licence.
Licence and Access
Subject to and in consideration of your payment of the licence fee, and subject to your acceptance of this Product
Licence, Queen’s grants you a non-exclusive, non-sublicensable, non-transferable, limited, revocable, fully paid up
and royalty-free licence to access and view the Product for personal, non-commercial use only for the duration of
the access period. All other rights are reserved by Queen’s and ownership of the copyright, trademark and all other
rights, title and interest in the Product shall at all times remain with Queen’s or our licensors.
Acceptable and Prohibited Uses
You may
- Access and view the Product as many times as you like during the access period
You may NOT
- Make copies of the Product
- Share your account or login credentials with others or grant access to your account to others
- Share, sublicense, distribute, resell, assign or publicly display the Product, or any part of the Product
- Copy, modify, reproduce, or create derivative works of the Product, or any part of the Product
- Make any commercial use of the Product, or any part of the Product
- Circumvent, disable, or interfere with any digital rights management features
-
Otherwise use the Product in any way, or for any purpose, not specifically permitted pursuant to the Product
Licence
Access Period
Unless your access is terminated early pursuant to the Product Licence, the Product is available to you for 30 days
beginning at the time you complete your purchase. You may access the Product as many times as you want during the
Access Period. Thereafter, your access to the Product will be disabled without further notice.
Queen’s reserves the right to make updates, changes, or removals to the Product as necessary. During the access
period, you will receive access to any updates, enhancements, or modifications to the Product at no additional
costs. Such updates will be made available automatically and will be subject to the Terms of Service including the
Product Licence.
Termination
Queen’s may suspend or terminate your access to the Product without further notice if you violate the Terms of
Service including the Product Licence, for example through unauthorized use or sharing of content.
Licence Fee Payment Terms
Payment of the licence fee is required in full at the time of purchase. All prices are listed in Canadian dollars
and may include applicable taxes based on your billing location.
All purchases are final and non-refundable. By completing a transaction, you acknowledge and agree
that
no refunds, credits, or exchanges will be provided under any circumstances
, including but not limited to dissatisfaction with the Product, changes in personal circumstances, or failure to
use the purchased Product.
Technical Requirements
You are responsible for maintaining a compatible device and internet connection to access the Product. Queen’s is
not responsible for any access issues arising from incompatible devices or poor connectivity.
Disclaimers and Limitation of Liability
(i) YOU UNDERSTAND AND AGREE THAT YOUR USE OF THE PRODUCT IS AT YOUR OWN RISK. THE PRODUCT IS PROVIDED ON AN "AS IS"
AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY LAW
QUEEN’S DISCLAIMS ALL WARRANTIES AND CONDITIONS, EXPRESS OR IMPLIED, INCLUDING WITH RESPECT TO THE COMPLETENESS,
SECURITY, RELIABILITY, SUITABILITY, ACCURACY, CURRENCY, OR AVAILABILITY OF THE PRODUCT. QUEEN’S EXPRESSLY DISCLAIMS
ANY IMPLIED WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND
NON-INFRINGEMENT. QUEEN’S DOES NOT WARRANT THAT THE PRODUCT WILL BE ACCURATE, RELIABLE, ERROR-FREE, OR
UNINTERRUPTED, THAT DEFECTS WILL BE CORRECTED, THAT OUR WEBSITE OR THE SERVER THAT MAKES IT AVAILABLE ARE FREE OF
VIRUSES OR OTHER HARMFUL COMPONENTS.
(ii) The Product is provided for informational and educational purposes only. It is not professional advice and
should not be relied upon as a substitute for professional services.
(iii) EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY LAW, UNDER NO CIRCUMSTANCE WILL QUEEN’S OR ITS OFFICERS,
AGENTS, LICENSORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE TO ANY PERSON FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
CONSEQUENTIAL, OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF
BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT, BREACH OF
CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, EVEN IF QUEEN’S WAS ALLEGEDLY ADVISED OR HAD REASON TO KNOW, ARISING OUT
OF OR IN CONNECTION WITH YOUR USE, OR INABILITY TO USE, OR RELIANCE ON, THE PRODUCT.
Indemnity
You expressly indemnify and hold us and our officers, agents, licensors and employees harmless from any and all
liability of any kind or nature whatsoever to you or any third parties which may arise from your use of the Product.
Contact Information
If you have any questions or concerns, please contact us at
smithondemand@queensu.ca
TERMS of SERVICE
Accessing the Smith OnDemand website (“Site”), owned and operated by Smith School of Business, Queen’s University at
Kingston (“Queen’s” or “we”/”us”), in any manner, constitutes use of the Site and your agreement to be bound by
these Terms of Service and any additional terms and conditions that may apply to specific sections of the Site or
products available on or through the Site.
Acceptable and Unacceptable Use
You agree to comply with Queen’s
Responsible Use of Digital Resources Policy.
For clarity, you may not use the Site or your access to the Queen’s systems in any way, or for any purpose, not
specifically permitted pursuant to the Terms of Service.
You agree to use the Site for lawful purposes only and in a way that does not infringe the rights of anyone else or
restrict the use and enjoyment of the Site by anyone else. For example, you must not:
- use the Site in violation of any law, rule, regulation or third-party right
- interfere with or disrupt the Site or any of our computer systems
- mislead us or others about your identity or the origin of any content you submit
- post or send a message or link to content that:
- promotes illegal activity or conduct that would break any law, rule, regulation or third-party right
- is abusive, discriminatory, violent, harassing, indecent or known to be false
- is a form of solicitation
No Responsibility
We are not liable for any form of damage to any person or business entity resulting from the use or inability to use
the Site, its information or any website linked to it. This is even if we have been advised of the possibility of
such damages.
This includes, but is not limited to, any costs, loss of profit, information, programs or data, and business
interruption.
The Site and its content are provided “as is.” We make no warranties, express or implied, regarding the
completeness, reliability or currency of content on this Site.
Maintenance or Service Disruptions
We perform routine maintenance which can impact page load times or cause pages to be down for a period of time.
Copyright and Trademark
Queen’s owns the copyright to content on this Site unless we tell you otherwise. You are
not allowed to use the official symbols of Queen’s for any purpose
without our written permission.
Changes to Conditions
Queen’s reserves the right to modify these Terms of Service at any time without giving you notice. Continued use of
the Site after changes constitutes acceptance.
Notice of Collection of Personal Information
Queen’s collects your personal information by way of the Site under the authority of the Queen’s University Royal
Charter, 1841 (as amended) and in accordance with Ontario’s
Freedom of Information and Protection of Privacy Act
and other applicable legislation, for the purpose of administering your account and transactions made through the
account, verifying your identity, processing payments, and with your consent, to contact you with promotional
information. Your personal information will only be viewed by employees and agents of Queen’s who require access to
it for these purposes. If you have a question about the collection, use or disclosure of personal information at
Queen's, please contact the Chief Privacy Officer at
access.privacy@queensu.ca.
General
These Terms of Service are the entire agreement with respect to your use of the Site including purchase of the
Product and supersede any other agreement or discussions, oral or written. The invalidity or unenforceability of any
provision of these Terms of Service will not affect the validity or enforceability of any other provision. These
Terms of Service will be governed and construed in accordance with the laws of the Province of Ontario, Canada and
you hereby agree to irrevocably submit to the jurisdiction of the courts of the Province of Ontario.
Contact Information
If you have any questions or concerns, please contact us at
smithondemand@queensu.ca
