Termes et conditions

The bekindonline.com and soyezsympasenligne.com websites (referred to as the « Website ») is owned and controlled by Saskatchewan Telecommunications. This page is the agreement stating the terms and conditions upon which you may use this Website.

Please read it carefully before accessing and/or using the Website, including without limitation, downloading any Content from this Website. Access to and/or use of the Website, including any download of Content is your acceptance to the terms and conditions of this Agreement. If you do not agree to these terms and conditions, do not access or otherwise use our Website or download any Content.

Revisions

SaskTel reserves the right, in its sole discretion, to change, modify, add or remove any portion of this Agreement, in whole or in part, at any time. Such modifications are effective immediately upon posting of the modified Agreement on the Website. You agree to review this Agreement periodically to be aware of such modifications. Your continued use of the Website is your acceptance of the modified Agreement.

Right of SaskTel to change, discontinue, or restrict access to Website

SaskTel, in its sole discretion, may change, suspend or discontinue any aspect of the Website at any time, including the availability of any Website feature, database or content and may terminate this Agreement at any time. SaskTel may also impose limits on certain features and services or restrict your access to parts or all of the Website without notice or liability. SaskTel reserves the right to correct any errors or omissions in any part of the Website.

Access to the Website

Right of access

This Agreement provides you with a non-exclusive grant of the right to access and use of this Website and the Internet links contained on the Website and is subject to your continuing compliance with the terms and conditions of this Agreement. You are entitled solely to those privileges explicitly set forth in this Agreement.

Website policies

There may be other policies posted on the Website, such as our Privacy Policy. Please review these policies as they also govern your visit to this Website.

Not a license

This Agreement is not a transfer or a license of any of SaskTel’s rights or its content or the content of third parties displayed on or accessed through the Website.

Links and pointers

This Website may contain links to other websites that are not under the control of SaskTel. SaskTel is not responsible for and makes no representations, warranties or conditions concerning the content of any linked site or any link contained in a linked site. It is your responsibility to verify any information contained within a linked site before relying on it.

Information contained in the links may be changed or updated at any time without notice. SaskTel provides links to you only as a convenience.  The inclusion of any link does not imply endorsement, investigation or verification by SaskTel of the linked site. Your use of the linked sites may be subject to terms and conditions contained insuch linked sites, which you should locate and review.

Content

The materials on this Website which may include text, images, audio clips, video clips, software and all downloadable materials (the « Content »), are provided by SaskTel for informational purposes and personal and not commercial use.

SaskTel intends for the Content on this site to be accurate and reliable. However, since the Content has been compiled by SaskTel from a variety of sources, it is provided to you « as is » and « as available ».

SaskTel assumes no responsibility to you or any third party for any errors or omissions of any kind in the Content.  SaskTel disclaims all warranties and/or conditions, express or implied, as to the Content and to any matter relating to this site, including, but not limited to, implied warranties and/or conditions of non-infringement, merchantability and fitness for a particular purpose.

In no event will SaskTel be liable for any damages whatsoever, including direct, 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 SaskTel is advised of the possibility of such damages.

Copyright and trademarks 

Copyright

Everything on this site is copyrighted unless otherwise noted. The copyrights are owned by SaskTel or the original creator of the material. However, you are free to view, copy, print, and distribute SaskTel material from this site, as long as:

1. The material is used for information only;
2. The material is used for non-commercial purposes only;
3. Copies of any material include our SaskTel copyright notice; and
4. The material is not modified by you.

You require our written consent to copy or display any portion of the Content for redistribution to third parties or for commercial purposes.

Trademarks

SaskTel, Saskatchewan Telecommunications, SaskTel logos, Be Kind Online logos and Soyez Sympas Enligne logos referenced on this Website are trademarks of SaskTel. Other product and company names appearing on the Website are the trademarks of their respective owners.

You may not use these or any other SaskTel or third-party trademarks, logos or service marks without the written permission of SaskTel or any other applicable trademark or service mark owner. You agree that you cannot use the SaskTel, Be Kind Online or Soyez Sympas Enligne logos to link to this Website without our express written consent.USE OF THE WEBSITE

Use of the Website

No unlawful or prohibited use of the Website

You agree that you will not use any information contained in this Website or the links to this Website in any claims, proceedings, suits or actions against SaskTel, its suppliers or affiliates.

You agree that you will not upload, post or transmit to, or distribute, or otherwise publish through this Website any content which:

1. Restricts or inhibits any other user from using and enjoying the Website;
2. Is unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, offensive, pornographic, profane, sexually explicit or indecent or is otherwise unacceptable to SaskTel;
3. Constitutes or encourages conduct that would constitute a criminal offense, give rise to civil liability or otherwise violates any law or governmental regulation;
4. Violates, or infringes upon the rights of third parties including, without limitation, copyright, trademark, patent, rights of privacy or publicity or any other proprietary right;
5. Contains a virus or other harmful or destructive elements;
6. Contains any information, software or other material of a commercial nature; or
7. Contains advertising of any kind.

No representation or warranties by SaskTel

You agree that the Website, including all Content, software, functions, materials and information made available on or accessed through the Website, is provided to you at your own risk for your personal non-commercial use and on an « as is, as available » basis.

SaskTel makes no representations, endorsements, conditions or warranties, expressed or implied, including, but not limited to, those of merchantability or fitness for a particular purpose, with respect to this Website, or any Content, merchandise, information or service provided through the Website or on the Internet generally or the functions made accessible by any software used on or accessed through the Website, or any hypertext links to third party website or for any breach of security associated with the transmission of sensitive information through this  Website or any linked site. SaskTel does not warrant that this Website, the functions contained in this Website or any Content on its website will be uninterrupted, error free or that defects will be corrected.

Computer viruses and other malicious code

SaskTel assumes no responsibility and is not liable for any damages resulting from malicious code incurred or encountered on this Website by reason of your access to, use of or browsing on this Website or your downloading of any materials, data, text or images from this Website. Malicious code includes, but is not limited to, computer viruses, Trojan horse programs, worm programs, and active web page content, which includes but is not limited to ActiveX, Java, and JavaScript.

Limits on use

This Website is for your personal, non-commercial use. You may not modify, copy, distribute, transmit, display, perform, reproduce, publish, license, video tape, audio tape, create derivative works from, transfer, reverse engineer, download, display, post, record « mirror », commercially exploit, any part or aspect of this Website in any form, or any information or Content found at this Website, by any means whatsoever, whether by electronic, mechanical, recording, photocopying, photographic means or otherwise without the prior written consent of any applicable copyright holders except as specifically provided for under the heading, Copyright of this Agreement. You may not sell any Content, information, software, products or services obtained from the Website by any means whatsoever.

Monitoring

SaskTel has no obligation to monitor this Website. However, you agree that SaskTel has the right to monitor this website electronically from time to time and to disclose any information as necessary to satisfy any law, regulation or other governmental request, to operate the Website properly, or to protect itself or its customers.

SaskTel will not intentionally monitor or disclose any private electronic-mail message unless required by law. SaskTel reserves the right to refuse to post or to remove any information or materials, in whole or in part, that, in its sole discretion, are unacceptable, undesirable, or in violation of this Agreement.

Personal Information and Communications

License to SaskTel in communications

By posting messages, uploading files, inputting data, or engaging in any other form of communication (referred to as « Communications ») through this Website, you are granting SaskTel a royalty-free, perpetual, non-exclusive, unrestricted, worldwide license to; use, copy, sublicense, adapt, distribute, reproduce, modify, edit, transmit, publicly perform or display any such Communications or otherwise fully exploit such Communications in all media now known or hereafter developed; and sublicense to third parties the unrestricted right to exercise any of the foregoing rights granted with respect to the Communications all for the purposes of highlighting, publicizing and recognizing successful Be Kind Online grant applicants and their projects.

The foregoing includes the right to exploit any proprietary rights in such Communications, including but not limited to rights under copyright, trademark, service mark or patent laws under any relevant jurisdiction.

Waiver of rights against SaskTel

You waive all rights to any claim against SaskTel for any alleged or actual infringements of any proprietary rights, rights of privacy and publicity, moral rights and other rights in connection with such Communications.

Communications not confidential

You acknowledge that Communications involving the Website are not confidential and that Communications may be read or intercepted by others. You acknowledge that by submitting Communications to SaskTel, no confidential, fiduciary, contractually implied or other relationship is created between you and SaskTel other than pursuant to this Agreement.

Please note that while SaskTel has employed certain security features to protect your personal information while sending Communications or ordering products and services through the Website, SaskTel cannot guarantee that information you voluntarily disclose and send on this medium will be kept private. SaskTel takes no responsibility for your use of the Internet to send personal information to SaskTel or any other party.

Use by SaskTel of personal information

You acknowledge that SaskTel collects, uses, shares and discloses personal information for the identified purposes set forth in the bekindonline.com Privacy Policy. From time to time, you may choose to submit personal information to SaskTel through this Website. By submitting such information, you consent to collection, use and disclosure of such information in accordance with the principles set forth in the bekindonline.com Privacy Policy. For details concerning such Privacy Policy, please click on the link at the end of this section.

Limitation of Liability

You understand that SaskTel does not operate, control, or endorse any information, products or services on the Internet in any way nor does SaskTel represent or endorse the accuracy or reliability of any advice, opinion, statement or other content accessed from any third party site that may be accessed through this Website. You acknowledge that any reliance upon any such opinion, advice, statement, memorandum, or content shall be at your sole risk. You agree that SaskTel shall not be liable for any cost or damage arising either directly or indirectly from any such opinions, advice, services, merchandise and other content that you access.

You agree that in no event will SaskTel, or its officers, directors, employees, agents and contractors be liable for:

(i) Direct damages;

(ii) Any incidental, consequential, special or indirect damages (including, but not limited to, damages for loss of profits, business interruption, loss of programs or information) arising out of the use of or inability to use this Website, or any Content or transactions entered into on this Website, even if SaskTel or its representatives have been advised of the possibility of such damages;

(iii) Any claim attributable to errors, omissions, or other inaccuracies in the Website and/or content, materials or information downloaded through the Website; or

(iv) Any injury, sickness, disease, death, damages, claims, or liability arising out of or attributable to the use by anyone of this Website or of any hardware, including any television set, monitor, or screen, for the purpose of accessing and/or viewing this Website.

Indemnify

You agree that you and all persons you authorize to use the Website have read and will comply with the terms of this Agreement. You are solely responsible and liable for actions which are in contravention of this Agreement or any applicable law. You agree to indemnify, defend and hold harmless SaskTel and its respective officers, directors, employees, agents and contractors from and against all losses, expenses, damages and costs, including reasonable legal fees, resulting from any violation of this Agreement or in connection with your use of the Website, including negligent or wrongful conduct by you, by any persons allowed by you to access the Website or by any other person accessing the Website or services provided pursuant to the Website using your identification or password (where applicable).

The provisions of this paragraph are for the benefit of SaskTel and its respective officers, directors, employees, agents and contractors. Each of these entities or individuals shall have the right to assert and enforce these provisions directly against you on its own behalf. SaskTel reserves the right, at its own risk, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you hereunder, and in such event, you shall have no further obligation to provide indemnification for such matter.

Severability

If any part of this Agreement is held invalid or unenforceable, that part shall be interpreted consistent with applicable law as nearly as and the remaining portions shall remain in full force and effect.

Governing law and jurisdiction

This Website (excluding linked Website) is owned and controlled by Saskatchewan Telecommunications from its offices within the Province of Saskatchewan, Canada and originates in Canada.

This Website can be accessed from all provinces and territories of Canada, as well as from other countries around the world. As each of these places has laws that may differ from those of the Province of Saskatchewan, by accessing this Website, you agree that all matters relating to access to, or use of, this Website, shall be governed by the applicable laws of the Province of Saskatchewan and of Canada, without regard to Saskatchewan choice of law principles.

You agree and submit to the exclusive personal jurisdiction and venue of the courts of the Province of Saskatchewan in connection with any dispute or claim involving you, SaskTel, or this Website. You acknowledge that you do so voluntarily and are responsible for complying with local laws.

Assignment

SaskTel may assign its rights under this Agreement and its ownership of this Website or any interest therein at any time without notice to you. You may not assign your rights under this Agreement to anyone.

No waiver

No failure or delay by SaskTel in exercising any right, power or privilege as provided in this Agreement or at law shall operate as a waiver thereof. Nor shall any single or partial exercise of any right, power or privilege preclude any other further exercise of such right, power, or privilege. SaskTel ‘s rights and remedies under this Agreement are cumulative and not exclusive of any rights or remedies otherwise provided at law.

Headings

The headings and sub-headings given to portions of this Agreement are intended for reference only and shall not affect the construction or interpretation of this Agreement.

Modification by SaskTel

This Agreement, as modified from time to time by SaskTel, including any links referred to in and forming an integral part of this Agreement, shall constitute the entire agreement between SaskTel and you and any of your users of this Website.

Printed version of agreement

A printed version of this Agreement and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to this Agreement or this Website to the same extent and subject to the same conditions as other business documents and records generated and maintained in printed form by SaskTel.

Survival of certain sections

The sections of this Agreement appearing under the headings « Copyright and Trademarks », « No Representations or Warranties by SaskTel « , « License to SaskTel in Communications », « Limitation of Liability », « Indemnity », and « Governing Law and Jurisdiction » shall survive the termination of this Agreement.

Notices

Notices by SaskTel to you may be given by means of electronic message through e-mail or by a general posting on the Website.

All rights not expressly granted within this Agreement are reserved without limitation by Saskatchewan Telecommunications