Terms of Reference

for the International Students and Immigration Education Program (ISIEP)

 

PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE USING THE ISIEP PLATFORM AND/OR CURRICULUM AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.

The Canadian Bureau for International Education (“CBIE”, “Company”, “we”, “our”, or “us”) offers an online educational program called the International Students and Immigration Education Program (“ISIEP”). These terms and conditions of use (“Terms of Use”) comprise a legal agreement between the Company and you, the person accessing and using this ISIEP Platform (“you”). These Terms of Use set forth the legally binding terms and conditions for the use of the Company’s ISIEP Platform, including, but not limited to, https://cbie-bcei.brightspace.com/d2l/login as well as third-party websites used by the Company (collectively, the “ISIEP Platform”) that is owned, operated and maintained, directly or indirectly, by the Company, and all other sites owned and operated by the Company that redirect to the ISIEP Platform, all subdomains provided through such other site or the ISIEP Platform, and all downloadable applications, features, functionality, content or information that is made available or provided by the Company.

BY USING THE ISIEP PLATFORM YOU ARE DEEMED TO HAVE READ AND ARE INDICATING YOUR ACCEPTANCE OF, AND YOU AGREE TO BE BOUND BY, THE TERMS AND CONDITIONS OF THESE TERMS OF USE WHICH SHALL GOVERN YOUR ACCESS AND USE OF THE ISIEP PLATFORM AND THE CURRICULUM (AS DESCRIBED BELOW). IF YOU DO NOT AGREE WITH ONE OR MORE OF THESE TERMS OF USE YOU MAY NOT ACCESS OR USE THE ISIEP PLATFORM OR THE CURRICULUM AND MUST EXIT THE ISIEP PLATFORM.

In consideration of the mutual promises and agreements contained in these Terms of Use and other good and valuable consideration (the receipt and sufficiency of which are hereby acknowledged), you and the Company agree as follows:

 

1. Purpose

The ISIEP Platform is made available to you for the purpose of enabling you to complete the thirteen (13) week online program in order to prepare for the Immigration Consultants of Canada Regulatory Council’s (“ICCRC”) entry-to-practice exam (the “RISIA Exam”) to become a Regulated International Student Immigration Adviser (“RISIA”). All educational programming provided by the Company to you by means of your use of the ISIEP Platform are hereafter referred to as the “Curriculum.” Successful completion of the ISIEP is a prerequisite for individuals who wish to take the RISIA Exam. You may visit the ICCRC for more information on applicable eligibility requirements.

 

2.     Eligibility

To be eligible to enroll in the Curriculum and to access the ISIEP Platform, you certify to the Company that you meet the following criteria:

  • You are a Canadian citizen or a permanent resident;
  • You are employed at a designated learning institution in Canada;
  • You are a professional working in the education sector, whose responsibilities include international student advising; and
  • You are enrolling in the Curriculum for the purpose of skills upgrade in your current institutional role.

You understand that the Curriculum is a thirteen (13) week course that requires 25 to 30 hours per week time commitment. You are expected to complete the Curriculum within three years from the date you enrolled in ISIEP.

 

3.     RISIA Exam Acknowledgement

You certify to the Company that you have read and understood the RISIA Exam registration guide.

You acknowledge that your successful completion of the Curriculum does not grant you the RISIA designation. Should you wish to obtain the designation necessary to provide Canadian immigration services for a fee under the federal laws of Canada, you are required to take RISIA Exam. Until you have passed the RISIA Exam, you are not permitted by law to give advice with respect to international student immigration matters. You further acknowledge that the successful completion of the ISIEP does not grant you the right to take RISIA Exam.

You acknowledge and agree that the Company has not made any representation or guarantee you’re your successful completion of the Curriculum will result in you passing the RISIA Exam or becoming a RISIA.

 

4.     Acceptance and Modification of Terms

The ISIEP Platform and Curriculum are offered subject to acceptance of all of the terms and conditions contained in these Terms of Use and the Company’s Privacy Policy. The Company reserves the right to modify or replace the Terms of Use. Should we wish to modify or replace these Terms of Use, we will post an updated version on the ISIEP Platform. We recommend that you check the ISIEP Platform periodically in order to review our current Terms of Use. You can tell if these Terms of Use have changed by checking the effective date that appears at the bottom of these Terms of Use. Depending on the circumstances, we may also decide to send you a notice in other ways in our discretion, such as via email or other contact information you have provided that the Terms of Use were changed. If you continue to use our ISIEP Platform after the Terms of Use changed or notice of the change has been given, you will be deemed to have accepted such changes.

 

5.     Accounts and Passwords

To access the Curriculum and use the ISIEP Platform, you will be required to create an account. As part of the process to create, register and maintain your account, you must provide the Company with certain current, complete, and accurate registration information, including your e-mail address and other data or information that has been requested by the Company during the account registration or renewal process (“Registration Data”). In these Terms of Use, “Personal Information” means any information about an identifiable individual, such as your name, e-mail address, mailing addresses, gender, date of birth, residence status, any data about you that you elect to provide through the ISIEP Platform and any other information that identifies who you are including Registration Data. Registration Data and Personal Information will be used by the Company solely in accordance with these Terms of Use and the Company’s Privacy Policy.

You agree that you will and are solely responsible to: (a) maintain and update such Registration Data as necessary in order to keep such information current, complete, and accurate; (b) maintain the confidentiality of any passwords or other account identifiers which you choose or that are assigned to you as a result of any registration or account creation with the ISIEP Platform; and (c) be responsible for all activities that occur under such account. Further, you agree to immediately notify the Company of any unauthorized use of your password or account in the event that the confidentiality of your password or your account is compromised. Failure to comply with this paragraph may result in immediate termination of your account.

 

6.     License

The Company hereby grants you a limited, non-exclusive, personal, non-transferable, non-sub-licensable and revocable right and license (the “License”) to: (a) access the ISIEP Platform for the purpose of receiving the Curriculum in accordance with these Terms of Use; and (b) access, view and print any information and documentation made available on the ISIEP Platform, for your professional development, non-commercial and informational use only to assist you in the access and use of the ISIEP Platform and Curriculum. You may not use the License for any commercial purpose or gain, or otherwise profit (whether financially or otherwise) from the License. Except for the limited licenses and rights expressly granted to you in the Terms of Use, these Terms of Use do not grant you any other right or license, whether express or implied, by estoppel, or otherwise in or under any patent, trademark, copyright, or other intellectual property or proprietary right of the Company or any third party. The Company may terminate this License at any time for any reason whatsoever.

 

7.     Suspension and Termination

The Company may suspend or terminate your access to the ISIEP Platform immediately without prior notice and without further obligation or liability to you if, in the Company’s sole discretion, it determines you have breached these Terms of Use. The Company may also suspend your access to the ISIEP Platform at any time without written notice to you for any reason whatsoever.

The Company may terminate these Terms of Use and your use and access of the ISIEP Platform and Curriculum if you fail to comply with any provision of these Terms of Use. To the extent permitted by applicable law, the disclaimers, limitations on liability, termination, interpretative provisions, and your warranties and indemnities shall survive any termination of these Terms of Use. The Company shall not be required to refund to you any amounts of the Program Fees you have paid, if the Company has terminated your account or your use of, or access to, the ISIEP Platform and/or any of the Curriculum for breach of these Terms of Use.

 

8.     Content

The ISIEP Platform may include images, text, works, audio files, sounds and other content and data that are owned by third parties (“Third Party Content”). You agree that all of the terms and conditions of these Terms of Use relating to the ISIEP Platform apply to your access to and use of any Third Party Content and you further agree to comply with any terms and conditions that are specific to the Third Party Content, including the terms and conditions specified under these Terms of Use. The Company is not responsible, and assumes no liability, for any Third Party Content.

All content and data made available by the Company through the ISIEP Platform, including any Third Party Content and the Curriculum, (the “Company Content”) is owned solely and exclusively by the Company and/or third parties. You may not: (a) publish, publicly perform or display, or communicate to the public or otherwise distribute to any third party any of the Company Content; (b) market, sell, re-sell or make commercial use of the ISIEP Platform or any Company Content; (c) systematically collect from the ISIEP Platform and use any Company Content, including the use of any data mining, robots, or similar data gathering and extraction methods; or (d) make derivative uses of the ISIEP Platform or the Company Content.

If you make any information, data or content available to the Company on or through the ISIEP Platform, including by contacting us, or providing comments or ideas on or about the ISIEP Platform or the Curriculum (“User Content”), you are deemed to grant the Company a non-exclusive, transferable, sub-licensable, irrevocable, royalty-free, perpetual, worldwide license to store, use, copy reproduce, modify, adapt, edit, translate, publish, perform and display any such User Content that you make available on, through, or in connection with the ISIEP Platform without any payment or restriction. You are solely responsible and liable for any User Content you make available on or through the ISIEP Platform. If you make User Content available, you represent and warrant that you own or control all rights in and to the User Content and have the rights, licenses, consents and releases to grant the Company and its affiliates the license granted above. You represent and warrant that neither the User Content nor your posting, uploading, publication, submission or transmittal of the User Content or the Company’s use of the User Content, will infringe, misappropriate or violate a third party’s patent, copyright, trademark, trade secret, moral rights or other proprietary or intellectual property rights or rights of publicity or privacy, or result in the violation of any applicable law or regulation. You agree that the Company may, but is not obligated to, proofread, summarize or otherwise edit and/or withdraw your User Content, and you understand it remains your sole responsibility to monitor your User Content and ensure that such edited User Content is accurate and consistent with your representations and warranties in the Terms of Use.

Any User Content uploaded to the ISIEP Platform is solely the opinion and the responsibility of the person or entity submitting it and does not necessarily reflect the opinion of the Company. The Company is not responsible, or liable to any third party, for the content or accuracy of any User Content by you or any other third party (unless explicitly specified).

The Company reserves the right, at any time and without prior notice, to remove or disable access to User Content that we, in our sole discretion, consider to be objectionable for any reason, in violation of the Terms of Use or otherwise harmful to the ISIEP Platform or users, or for any other reason.

 

9.    Use Restrictions

You agree that when using the ISIEP Platform you will not: (a) post or transmit any files which contain viruses, worms, Trojan horses or other code that manifests contaminating or destructive properties; (b) post or transmit data or content which violates or infringes any third party rights, is false, misleading or inaccurate or is injurious to a third party or defames, libels or disparages any third party; (c) except as expressly permitted by these Terms of Use, provide, disclose, sublicense, distribute, transfer, assign or otherwise permit any third party to access, use, read or otherwise gain access to the ISIEP Platform or the Curriculum; (d) use the ISIEP Platform to provide the benefit of the use of your account, if any, to or for any other person; (e) to the maximum extent permitted by applicable law, interfere with or circumvent any copyright or other technical protection mechanism or reverse engineer, decompile, disassemble, or otherwise in any manner deconstruct all or any part of the ISIEP Platform or the Curriculum or any software or technology or content forming part thereof; (f) post or transmit data which constitutes unsolicited or unauthorized advertising or promotional material or any junk mail, spam, or chain letters; (g) post or transmit data or content which would be considered a criminal offence, give rise to civil liability, or would otherwise violate the law; (h) use the ISIEP Platform or Curriculum to harvest addresses, send spam or otherwise breach these Terms of Use or the Privacy Policy; (i) use any spider, robot or other automated or electronic agent to monitor or copy web pages or any content from the ISIEP Platform or for any other purpose in connection with your access to and use of the ISIEP Platform; (j) take any action or use any program or device that may result in or is intended to interfere with the operation and functioning of the ISIEP Platform or to shut down, overload or overwhelm the ISIEP Platform; (k) copy, republish or redistribute any part of the ISIEP Platform or the Curriculum, including by caching, framing or similar means, without the prior written consent of the Company; or (l) take any inappropriate or unlawful actions, including the submission of inappropriate or unlawful content to or through the ISIEP Platform, including content that is harassing, hateful, illegal, profane, obscene, defamatory, threatening, or discriminatory, or that advocates, promotes, or encourages inappropriate activity, conduct that would be considered a criminal offence, or conduct that would give rise to civil liability or violate any law.

 

10.     Personal Information

You agree that your use of the ISIEP Platform and the Curriculum is subject to the terms of our Privacy Policy, which is hereby incorporated by reference into, and forms an integral part of, the Terms of Use. By agreeing to the Terms of Use or by using the ISIEP Platform, you expressly consent to the collection, storage, use and disclosure of your information, including your personal information, according to the Privacy Policy.

You acknowledge and consent to the Company sharing your Registration Data, including your name, email, and contact information and Curriculum performance with the ICCRC. Upon your successful completion of the Curriculum, the Company will send an official record of your transcript to the ICCRC.

If you, for any reason, collect, store or process personal information when using the ISIEP Platform, you must comply with all applicable privacy and data protection laws, taking into account the nature of the information to be processed. You agree and warrant that you are solely responsible when using the ISIEP Platform and Curriculum for complying with applicable data protection, security and privacy laws and regulations (including, where applicable the EU General Data Protection Regulation (“GDPR”) and the EU e-Privacy Directive/Regulation), including any consent and notice requirements and that you have conducted, and will at all times conduct, your business and your use of the Curriculum, in compliance with all applicable privacy laws, including but not limited to the GDPR.

 

11.     Use of Cookies

You agree that the Company has the right to monitor and review your use of the ISIEP Platform from time to time, and to use “cookies”, “log files” and your “browsing data” in accordance with the Privacy Policy.

 

12.     Program Fees, Withdrawls, Deferrals and Refunds

Your use of the ISIEP Platform and the Curriculum is subject to the payment of certain application fees and charges (the “Program Fees”). You agreed to pay the Program Fees before the start of the cohort.  We reserve the right to disable your access to the ISIEP online learning platform if we have not received adequate payment prior to the cohort start date. The Program Fees are processed through Moneris, a third party provider, and will be subject to the terms and conditions outlined by such provider.

To withdraw from the ISIEP you must provide notice in writing to the CBIE.

You will receive a full Program Fee refund, if you withdraw from the ISIEP before the application deadline date of the respective cohort.

Applicants who withdraw within the first 14 days of the course will receive a full tuition refund, less a cancellation fee (the “Cancellation Fee”).

Thereafter, Program Fees are non-refundable, except for serious reasons such as bereavement or a documented medical condition.  Notwithstanding the foregoing, we may provide a full or partial refund, less the Cancellation Fee, at our sole discretion on a case-by-case basis for exceptional circumstances. Documented medical conditions must be supported by a letter from a practicing medical physician in Canada, in these cases the Program Fees may be refunded on a pro-rated basis, less the Cancellation Fee, for the uncompleted portion of the cohort, which shall be calculated from the date we receive the notice of your withdrawal and supporting documentation.

If you have withdrawn from the ISIEP, you may be eligible to re-enroll in the ISIEP.  You will be expected to pay the Program Fees in accordance with the most current Program Fees, and not those of the time when you first registered. Any such re-enrollment shall be evaluated on a case-by-case basis and subject to our sole discretion.

To defer from one ISIEP cohort to another, you must provide notice in writing to the CBIE.

You can defer to another cohort up until the application deadline date of the respective cohort without being subject to a deferral fee.

Following the application date, and in the cases of serious reasons such as bereavement or a documented medical condition, applicants can opt to defer their application to the following offering of the ISIEP Program rather than withdraw from the program. A deferral fee will be charged.

Any deferral will be subject to additional charges should a program fee increase occur between the original and deferred cohort.  Applicants will be invoiced accordingly.  Any such deferrals evaluated on a case-by-case basis and subject to our sole discretion.

Any applicant who is granted a deferral will be required to restart the ISIEP program from the beginning of the new cohort and participate fully in all aspects.  All completed coursework will need to be re-submitted and you will be expected to follow the pace of the cohort.  Your grades from the initial cohort will not be transferred into the new/deferred cohort.

 

13.     Support

The Company may in its discretion, without any obligation to do so and subject to the limitations of these Terms of Use (or as may be posted on the ISIEP Platform from time to time), provide you with troubleshooting support concerning your use of the ISIEP Platform and the Curriculum.

 

14.     ISIEP Platform and Curriculum Provided “AS IS”

YOU UNDERSTAND AND AGREE THAT THE ISIEP PLATFORM, THE CURRICULUM, ANY COMPANY CONTENT AND OTHER INFORMATION, DATA AND MATERIALS AVAILABLE ON THE ISIEP PLATFORM  OR PROVIDED AS PART OF THE CURRICULUM ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS AND, EXCEPT TO THE EXTENT EXPRESSLY PROVIDED FOR HEREIN AND PERMITTED UNDER APPLICABLE LAW, THE COMPANY EXPRESSLY DISCLAIMS ALL REPRESENTATIONS OR WARRANTIES OR CONDITIONS OF ANY KIND OR NATURE WHATSOEVER, WHETHER EXPRESS OR IMPLIED, AND WHETHER ARISING BY STATUTE OR OTHERWISE IN LAW, FROM A COURSE OF DEALING OR USAGE OF TRADE, AND  INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OR CONDITIONS, ANY CONDITION OR WARRANTY OF MERCHANTABILITY, TITLE OR NON-INFRINGEMENT OF THIRD PARTIES RIGHTS AND ANY CONDITION OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE.

THE COMPANY DOES NOT OFFER ADVICE OR RECOMMENDATIONS CONCERNING INFORMATION OR DATA CONTAINED IN ANY  CURRICULUM OR COMPANY CONTENT AND ANY ACTIONS TAKEN, OR FAILURES TO ACT, IN RELIANCE ON ANY COMPANY CONTENT (OR OTHERWISE ON THE CURRICULUM) BY YOU OR ANY OTHER PERSON IS YOUR SOLE RESPONSIBILITY AND LIABILITY. THE COMPANY SPECIFICALLY MAKES NO REPRESENTATIONS OR WARRANTIES THAT THE ISIEP PLATFORM OR ANY OF THE CURRICULUM (INCLUDING THE PROVISION OF ANY COMPANY CONTENT) WILL BE ACCURATE, RELIABLE, COMPATIBLE WITH YOUR COMPUTER OR ELECTRONIC DEVICE, OR COMPLETE OR WILL BE PROVIDED ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS OR THAT ANY ERRORS CAN OR WILL BE CORRECTED OR THAT THE ISIEP PLATFORM, THE CURRICULUM, COMPANY CONTENT, DATA OR THE RESULTS DERIVED THEREFROM WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR THAT THE ISIEP PLATFORM AND ITS SERVER ARE FREE OF VIRUSES AND OTHER HARMFUL ELEMENTS.

YOU ACKNOWLEDGE THAT THE COMPANY DOES NOT CONTROL IN ANY RESPECT ANY INFORMATION, PRODUCTS, OR SERVICES OFFERED BY THIRD PARTIES ON OR THROUGH THE ISIEP PLATFORM. EXCEPT AS OTHERWISE AGREED IN WRITING, THE COMPANY AND ITS AFFILIATES ASSUME NO RESPONSIBILITY FOR AND MAKE NO WARRANTY OR REPRESENTATION AS TO THE ACCURACY, CURRENCY, COMPLETENESS, RELIABILITY OR USEFULNESS OF CONTENT OR PRODUCTS DISTRIBUTED OR MADE AVAILABLE BY THIRD PARTIES THROUGH THE ISIEP PLATFORM.

IF YOU ARE DISSATISFIED WITH THE ISIEP PLATFORM, THE CURRICULUM OR WITH ANY OF THE TERMS, CONDITIONS, GUIDELINES, PRACTICES OR POLICIES OF THE COMPANY IN OPERATING THE ISIEP PLATFORM AND IN PROVIDING THE CURRICULUM, YOU AGREE THAT YOUR SOLE AND EXCLUSIVE REMEDY SHALL BE TO DISCONTINUE USING THE ISIEP PLATFORM AND CURRICULUM.

 

15.     Disclaimer of Warranties and Limitation of Liability

CONSUMER PROTECTION LAWS IN QUÉBEC PROHIBIT ANY STIPULATION THAT WOULD RELIEVE A MERCHANT FROM THE CONSEQUENCES OF HIS OR HER OWN ACTION. IF YOU ARE A QUÉBEC CONSUMER, TO THE EXTENT PROHIBITED UNDER QUEBEC LAW, THIS SECTION 15 DOES NOT APPLY TO YOU TO THE EXTENT THAT IT WOULD RELIEVE THE COMPANY OR ITS REPRESENTATIVE(S) OF LIABILITY FOR ANY ACTION OF THE COMPANY.

IN NO EVENT WHATSOEVER SHALL ANY OF THE COMPANY, ITS DIRECTORS, OFFICERS, EMPLOYEES, MEMBERS, AFFILIATES, AGENTS AND THIRD-PARTY CONTRACTORS, SUPPLIERS AND LICENSORS (EACH A “COMPANY PARTY” AND COLLECTIVELY, THE “COMPANY PARTIES”) BE LIABLE FOR ANY SPECIAL, EXEMPLARY, PUNITIVE, CONSEQUENTIAL, INCIDENTAL OR INDIRECT DAMAGES OF ANY KIND OR NATURE WHATSOEVER THAT ARE SUFFERED OR INCURRED IN ANY CONNECTION WITH THE USE OF ISIEP PLATFORM OR CURRICULUM OR ANY INABILITY TO USE THIS ISIEP PLATFORM OR THE CURRICULUM (INCLUDING IN ANY CONNECTION WITH THE TRANSMISSION OR DOWNLOADING OR STORAGE OF ANY DATA OR SUBMISSIONS TO OR FROM THE ISIEP PLATFORM OR THE USE OF, OR RELIANCE ON, ANY COMPANY CONTENT OR OTHER INFORMATION OR DATA CONTAINED ON OR PROVIDED THROUGH THE ISIEP PLATFORM OR CURRICULUM, OR LOSS OF OR DAMAGE TO FILES OR DATA OR ANY COSTS OF RECOVERING OR REPRODUCING ANY FILES OR DATA OR LOSS OF USE OR LACK OF AVAILABILITY OF CURRICULUM OR ANY BUSINESS INTERRUPTION OR LOSS OF REVENUE OR PROFIT OR ANY OTHER CONSEQUENTIAL ECONOMIC LOSS WHATSOEVER) HOWEVER CAUSED AND REGARDLESS OF THE FORM OR CAUSE OF ACTION AND WHETHER OR NOT FORESEEABLE, EVEN IF THE COMPANY PARTIES OR ANY OF THEM HAS BEEN INFORMED IN ADVANCE OR OUGHT REASONABLY TO HAVE KNOWN OF THE POTENTIAL FOR SUCH DAMAGES.

The Company shall not be liable for any failure to perform its obligations hereunder where the failure results from any cause beyond the Company’s reasonable control, including, without limitation, mechanical, electronic, or communications failure or degradation.

The terms and conditions of these Terms of Use that limit liability reflect an informed voluntary allocation of risk; such allocation represents a material part of these Terms of Use. You agree that the limitations of liabilities set out in these Terms of Use are fair and reasonable in the circumstances.

THE FOREGOING LIMITATIONS OF LIABILITY AND DAMAGES SET FORTH ARE FUNDAMENTAL AND FORM THE BASIS OF THE BARGAIN BETWEEN THE COMPANY AND YOU.

 

16.     Indemnity

You agree to defend, indemnify, and hold harmless the Company Parties from and against any claims, actions, demands, losses, liabilities, damages, costs and expenses suffered by such persons, including without limitation, reasonable legal and accounting fees, alleging or resulting, directly or indirectly, from your: (a) breach of these Terms of Use, Privacy Policy and any policies incorporated by reference herein; (b) access to the ISIEP Platform or use of the Curriculum; (c) provision of User Content, Registration Data or other disclosure to the Company of any other information or data and the use of same by the Company or other Company Party as contemplated hereunder, including but not limited to any allegation or claim that such User Content or Registration Data infringes the intellectual property of other proprietary rights of any third party; and (d) breach of any laws, regulations or third party rights.

17.     Intellectual Property

The ISIEP Platform, the Curriculum and any content provided by the Company therein may be protected by copyright, trademark and or other intellectual property rights laws of Canada or other countries, in their entirety or in part. You are only permitted to use the ISIEP Platform and the Company Content for purposes consistent with applicable laws and these Terms of Use. You agree that the ISIEP Platform and the Company Content, including all features and functionality, information, original content, software, text, displays, images, video and audio, and the design, selection and arrangement thereof, and all associated intellectual property rights therein, are owned by and will remain the exclusive property of the Company and its licensors. You will not remove, alter or obscure any copyright, trademark, service mark or other proprietary rights notices incorporated in or accompanying the ISIEP Platform or the Company Content.

All trademarks, service marks, logos, trade names, and any other source identifiers of the Company (or its suppliers, partner businesses or third party licensors) used on or in connection with the ISIEP Platform or the Company Content are registered and unregistered trademarks of the Company (or such supplier, partner business or third party licensor) in Canada and abroad. Trademarks, service marks, logos, trade names, and any other proprietary designations of third parties used on or in connection with the ISIEP Platform or Company Content are used for identification purposes only and may be the property of their respective owners. Any use of any of the marks appearing on the ISIEP Platform or in connection with the Curriculum without the express written consent of the Company or the owner of the mark, as appropriate, is strictly prohibited.

 

18.     Links  

The Company provides links on the ISIEP Platform to other websites, applications or resources, including those operated by parties other than the Company. These links are provided for your convenience and the Company is not responsible for the availability of such websites, applications or resources and does not endorse or accept responsibility for the content of such external websites, applications or resources and has no responsibility for or control over the terms of use or privacy policy (if any) of the operators of the external websites, applications or resources. Your access and viewing of any third party websites, applications or resources is conducted at your own risk. You are strongly advised to check the terms of use and the privacy policy of these external websites, applications or resources before making use of them. You acknowledge that the Company may remove any link to any external websites, applications or to resources at any time for any reason whatsoever.

 

19.     Jurisdiction

The ISIEP Platform is administered by the Company from a site that is located in Ontario, Canada. You acknowledge and agree that your use of the ISIEP Platform and all of the communications, transmissions and transactions associated with the ISIEP Platform shall be deemed to have occurred in the Province of Ontario, Canada. You agree that these Terms of Use shall be exclusively governed by, construed and interpreted in accordance with the laws of the Province of Ontario, Canada and that federal laws of Canada applicable therein and that the law of the Province of Ontario is the proper law. You irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario in respect of all matters and disputes arising hereunder.

You expressly agree that, in the event that there is a dispute under these Terms of Use and such dispute is to be resolved in a court of law, such dispute shall not be resolved by jury trial and you hereby waive any right to trial by jury.

 

20.     Waiver

No delay or omission by the Company to exercise any right or power it has under these Terms of Use or to object to the failure of any covenant of you to be performed in a timely and complete manner, shall impair any such right or power or be construed as a waiver of any succeeding breach or any other covenant. Any waivers by the Company must be in writing and signed by an authorized representative of the Company.

 

21.     Entire Agreement

These Terms of Use constitute the entire agreement between you and the Company as it relates to the access to, and use of, the ISIEP Platform and Curriculum and the subject matter of these Terms of Use and supersede all prior or contemporaneous agreements, negotiations, representations and proposals, written or oral between the Company and you.

 

22.     Interpretation

In these Terms of Use: (a) words denoting the singular include the plural and vice versa; (b) all usage of the word “including” means “including, without limitation,” throughout these Terms of Use; (c) all dollar amounts are expressed in Canadian currency unless expressly provided otherwise; (d) the division of these Terms of Use into separate sections, subsections and the insertion of headings is for convenience only and shall not affect the construction or interpretation of these Terms of Use; (e) words or abbreviations which have well-known or trade meanings are used herein in accordance with their recognized meanings; and (f) you and the Company agree that these Terms of Use shall not be construed in favour of or against any party by reason of the extent to which any party or its professional advisors participated in the preparation of these Terms of Use.

 

23.     Severability

If any provision of these Terms of Use is held by a court of competent jurisdiction to be invalid or unenforceable in any respect, then the remaining provisions of these Terms of Use, or the application of such provisions to persons or circumstances other than those as to which it is invalid or unenforceable shall not be affected thereby, and each such provision of these Terms of Use shall be valid and enforceable to the extent permitted by law.

 

24.     Electronic Documents

This electronic document, and all other electronic documents referred to or incorporated herein, will be: (a) deemed for all purposes to be a “writing” or “in writing”, and to comply with all statutory, contractual, and other legal requirements for a writing; and (b) legally enforceable as a signed agreement. A printed version of these Terms of Use and any notice given in electronic form shall be admissible in judicial proceedings or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

25.     Conformance with Law

In addition to complying with these Terms of Use, you agree to use the ISIEP Platform and Curriculum for lawful purposes only and in a manner consistent with all applicable local, national or international laws and regulations, including all privacy and personal information laws. The ISIEP Platform and the Curriculum shall not be used where, and to any extent, such use is prohibited by law. Your use of the ISIEP Platform from any location is subject to your compliance with all applicable laws and regulations that may be applicable to you. You agree, and confirm, that your use of the ISIEP Platform is in full compliance with the laws of the jurisdiction(s) to which you are subject, and that you are not prohibited from using the ISIEP Platform due to any restriction whatsoever and that you have obtained all necessary consents and approvals required or reasonably necessary.

 

26.     Contact / Notices

If you have any questions about the Terms of Use, or need to provide notice to, or communicate with, the Company under the Terms of Use, please contact the Company at the contact information set out below. The Company may provide notices or communications to you on the ISIEP Platform and you agree that such notices shall constitute notice to you whether or not you actually access the notice.

Canadian Bureau for International Education
220 Laurier Avenue West
Suite 1550
Ottawa, Ontario
K1P 5Z9

Phone: (613) 237-4820
Email: isiep-peiei@cbie.ca

 

27.     Assignment

These Terms of Use are personal to you, and are not assignable, transferable, or sublicensable by you except with the Company’s prior written consent. The Company may assign, transfer, or delegate any of its rights and obligations hereunder without your consent.

 

Last Updated: November 26, 2020