Terms of Use

Legal Statement and Terms of Use

1. Website Terms and Conditions

The materials on the Canadian Board of Examiners for Professional Surveyors Website (the “Site”), which may include text, images and other materials (the “Content”), are provided by the Canadian Board of Examiners for Professional Surveyors (“CBEPS”) for informational purposes only. By accessing the Site or downloading any Content, you agree to be bound by the terms and conditions set out below (“Terms and Conditions”). If you do not agree to these terms and conditions, do not access the Site or download any Content.

2. Products, Services and Territory

The CBEPS Web site originates in Canada.CBEPS is a not for profit organisation that establishes, assesses and certifies the academic qualifications of individuals who apply to become land surveyors and/or geomatics professionals in Canada, except for Ontario and Quebec. CBEPS sells products and services to candidates for a Certificate of Completion to help them meet CBEPS requirements, and to the general public on occasion. All orders sent by other individuals than candidates and the public will be filled subject to availability.

3. Product delivery

Most CBEPS products are in digital format and will be delivered within 3 days of purchase. Other type of products will be delivered within two weeks of purchase. Any shipping and handling fees will be charged to the customer.

4. Return and refunds for examinations

The deadline for registering for examinations is six weeks before the starting date of the examinations. If you have already registered and you cancel your registration before the deadline date, you will receive a full refund of the examination fee. If you cancel your examination registration during the four weeks between the deadline date and two weeks before the starting date of the examinations, you will receive a full credit towards the next round of examinations. Credits are carried forward for the next round only. If you do not write in the next round, any credits will expire. If you cancel during the two weeks before the starting date of the examinations, or if you do not appear for an examination you have registered to write, there will be no refunds and no credits.

5. Return and refund policy for other products

If within 30 days of purchase, the customer is not satisfied with the product he or she just needs to contact the Registrar at registrar@cbeps-cceag.cato make arrangements for the return of the product and a full refund within 3 days.

6. Trademarks and Copyrights

The Canadian Board of Examiners for Professional Surveyors owns and operates the Web Site. The term Canadian Board of Examiners for Professional Surveyors, initials CBEPS, domain name and logo are trademarks and the property of the Canadian Board of Examiners for Professional Surveyors. All other trademarks, product names and company names or logos cited herein are the property of their respective owners. The material contained on the Web site, including all portions of the Web Site, content, site design, text, graphics, and the selection and arrangement thereof are Copyright © Canadian Board of Examiners for Professional Surveyors . ALL RIGHTS RESERVED. The Canadian Board of Examiners for Professional Surveyors hereby authorises any person to view and copy the Web site documents stored on this server subject to certain conditions.

• The documents must be used solely for informational purposes.

• The documents must be used solely for internal purposes and may not be used to commercialize any product.

• These documents must be used solely in accordance with local law.

• Any copy or printout of any documents or portion thereof must inclue this copyright notice and all of the text contained on this page under theheading “Copyright”. Any product, process or technology described in any CBEPS document is subject to other copyright and proprietary notices and copyright information relating to thatindividual document.

7. Disclaimer and Limitation of Liability

The CBEPS intends for the Content on the Site to be accurate and reliable, however, since the Content has been compiled by the CBEPS from a variety of sources, it is provided to you “as is” and “as available”. THE CBEPS ASSUMES NO RESPONSIBILITY TO YOU OR ANY THIRD PARTY FOR ANY ERRORS OR OMISSIONS OF ANY KIND IN THE CONTENT, AND DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED, AS TO THE CONTENT AND TO ANY MATTER RELATING TO THE SITE, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES AND/OR CONDITIONS OF NON INFRINGEMENT, MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. Links available on the Site will allow you to link to Websites not maintained or controlled by the CBEPS. The CBEPS provides these links for your convenience, and is not responsible for the contents of any linked site. The CBEPS uses reasonable efforts to ensure the accuracy of its Content on the Site, but cannot and does not warrant the accuracy, completeness, non-infringement, merchantability or fitness for a particular purpose of any information available through these links, and makes no representation or endorsement whatsoever about any other Website which you may access through the Site. It is your responsibility to ensure that any Website you choose to use is free of potentially destructive items such as viruses. IN NO EVENT WILL THE CBEPS BE LIABLE FOR ANY DAMAGES WHATSOEVER, INCLUDING SPECIAL, INDIRECT, INCIDENTAL OR CONSEQUENTIAL DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THE USE OR PERFORMANCE OF THIS SITE OR THE CONTENT AVAILABLE OR REFERRED TO ON THIS SITE, OR ANY OTHER SITE YOU MAY ACCESS THROUGH THIS SITE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. PRICE AND AVAILABILITY INFORMATION IS SUBJECT TO CHANGE WITHOUT NOTICE. WHILE WE TAKE GREAT CARE TO ENSURE OUR ORDER FORMS AND PRODUCT LISTS ARE ACCURATE, MISTAKES MAY OCCUR. WHEN A MISTAKE IS NOTICED WE WILL CORRECT IT AS SOON AS POSSIBLE AND WILL NOTIFY CUSTOMERS WHO ARE AFFECTED. WHERE NECESSARY, AN ORDER MAY BE CANCELLED PRIOR TO SHIPPING THE PRODUCT.ALL PRICES QUOTED ARE IN CANADIAN DOLLARS. THE CBEPS RESERVES THE RIGHT TO LIMIT QUANTITIES.

8. Posting of information on this Site

You may not post, upload, publish, reproduce, transmit or otherwise distribute information or other material on this Site.

9. Changes

The CBEPS reserves the right to change or remove any Content from the Site, in whole or in part, at its sole discretion, at any time, without notice.

10. Governing Law and Jurisdiction

The Site (excluding linked websites) is controlled by the CBEPS from its offices within the Province of Ontario, Canada. The Web Site can be accessed from any jurisdiction in the world. As each of these jurisdictions has laws that may differ from those of the Province of Ontario, by accessing the Web Site, the user agrees that all matters relating to access to, or use of, the Web Site, or any other hyperlinked web site, shall be governed by the laws of the Province of Ontario and the federal laws of Canada applicable therein. The user also agrees and hereby submits to the exclusive personal jurisdiction and venue of the courts of the Province of Ontario and acknowledges that the user does so voluntarily and is responsible for complying with local laws.

11. No Solicitation

The Website and the information contained herein do not constitute an offer or a solicitation of an offer for the purchase or sale of any securities.

12. Miscellaneous

These Terms and Conditions, including the CBEPS Privacy Code, which is a binding part of these Terms and Conditions, and other documents referenced herein constitute the entire agreement between the CBEPS and you with respect to your use of this Site. CBEPS’s failure to insist upon or enforce strict performance of any provision of this Agreement shall not be construed as a waiver of any provision or right. If any of the Terms and Conditions is determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination shall not affect the remaining provisions hereof. This Agreement shall be governed by and construed in accordance with the laws of the province of Ontario and the federal laws of Canada applicable therein.

Privacy Notice

We believe that your personal information deserves protection. While you can visit the site without registering or providing any personal information, you will need to provide some information on forms that will be faxed or mailed if you want to make a purchase. The personal information requested is necessary to process your order.

Use of your personal information

The CBEPS collects information only for the following purposes:

a) To establish and maintain responsible commercial relations and to provide ongoing services.

b) To identify customer preferences.

c) To develop and enhance products and services.

d) Meet legal and regulatory requirements.

e) To carry out its regulatory functions under the Act and the Regulations.

The CBEPS may also use personal account information and data collected through your personal identification to generate statistics and aggregate reports for internal use only. These statistics and aggregate reports will not contain any personally identifiable information. Your identity is kept anonymous. Your personal information will not be used for any other purpose without your consent.

Protection of your personal information

The CBEPS has implemented a comprehensive privacy policy, which is based on 10 principles in conformity with the Federal Personal Information Protection and Electronic Documents Act.

Summary of Principles

Principle 1 – Accountability

The CBEPS is responsible for personal information under its control and shall designate one or more persons who are accountable for compliance with the following principles.

Principle 2 – Identifying Purposes for Collection of Personal Information

The CBEPS shall identify the purposes for which personal information is collected at or before the time the information is collected. Principle 3 – Obtaining Consent for Collection, Use or Disclosure of Personal Information The knowledge and consent of a customer or employee are required for the collection, use or disclosure of personal information, except where inappropriate.

Principle 4 – Limiting Collection of Personal Information

The CBEPS shall limit the collection of personal information to that which is necessary for the purposes identified. The CBEPS shall collect personal information by fair and lawful means.

Principle 5 – Limiting Use, Disclosure and Retention of Personal Information

The CBEPS shall not use or disclose personal information for purposes other than those for which it was collected except with the consent of the individual or as required by law. The CBEPS shall retain personal information only as long as necessary for the fulfilment of those purposes.

Principle 6 – Accuracy of Personal Information

Personal information shall be as accurate, complete, and up-to-date as is necessary for the purposes for which it is to be used.

Principle 7 – Security Safeguards

The CBEPS shall protect personal information by security safeguards appropriate to the sensitivity of the information.

Principle 8 – Openness Concerning Policies and Practices 

The CBEPS shall make readily available to customers and employees specific information about its policies and practices relating to the management of personal information.

Principle 9 – Customer and Employee Access to Personal Information

The CBEPS shall inform a customer or employee of the existence, use and disclosure of his or her personal information upon request and shall give the individual access to that information. A customer or employee shall be able to challenge the accuracy and completeness of the information and to have it amended as appropriate.

Principle 10 – Challenging Compliance

A customer or employee shall be able to address a challenge concerning compliance with the above principles to the designated person or persons accountable for the CBEPS’s compliance with the Code.

Client relations

Access to your personal information

If you wish to consult the personal information that we have on you and help us keep it up to date feel free to contact us by e-mail at: registrar@cbeps-cceag.ca or call 613-274-7115 and we will be delighted to provide assistance.

Complaints

If you wish to make a complaint, please contact the Registrar by e-mail at:

registrar@cbeps-cceag.ca or call 613-274-7115 or write to him at:

Canadian Board of Examiners for Professional Surveyors

900 Dynes Road, Suite 100E

Ottawa ON K2C 3L6

If you are not satisfied after having dealt with us, you may write to the Privacy Commissioner of Canada at:

The Privacy Commissioner of Canada

112 Kent Street

Ottawa ON K1A 1H3

Telephone: 1-613-995-8210

Toll-free: 1-800-282-1376

Fax: 1-613-947-6850

Website: www.privcom.gc.ca

E-mail: info@privcom.gc.ca