Group 327

Terms of Use

 

1.0 Acceptance of Contractual Relationship.

1.1 These Terms of Use form an electronic contract that establishes the legally binding terms you must accept to access and/or use the Communication Competency Framework materials made available via the website www.360communication.ca (the “Materials”) by Touchstone Institute (“Touchstone”).

1.2 By clicking “I ACCEPT” or otherwise accessing or using the Materials you agree and acknowledge that you have read, understood and agree to be bound by these terms.  If you are acting on behalf of an organization, you agree that the organization will be bound by these terms.

1.3 If you disagree with these Terms of Use or any part of these Terms of Use, you must not use the Materials.  The most recent version of the Terms of Use will be posted on the Touchstone website from time to time, and by continuing to use the Materials you agree to be bound by the most up-to-date version of the Terms of Use.

2.0 Purpose of the Materials.

2.1 The Materials are intended to:

(i) be a resource for internationally educated individuals who have immigrated, or plan to immigrate to Canada, and for those working to facilitate immigrant integration into the Canadian economy, and

(ii) help new Canadians and established Canadians interact in the workplace setting in a way that promotes inclusivity and diversity and leverages the skills of internationally trained individuals (collectively, the “Purpose”).

2.2 The Materials are not a ready-to-use curriculum, but can be incorporated into, or adapted into a curriculum document or syllabus.

2.3 The Materials were developed with the skilled adult immigrant and the Canadian workplace in mind. They are not intended as a curriculum framework for children or adolescents at the elementary or secondary levels (i.e. kindergarten to grade 12). They  may be used as a support for programs at the college and university levels with the appropriate adaptations. The Materials are not intended for adult literacy programs without adaptation.

2.4 The Materials were developed from a Canadian perspective and may not be suitable to other contexts. They were developed based on English language references and the Canadian socio-cultural context and would not be appropriate as a direct translation.

3.0 Suspension or Termination of Rights to the Materials.

3.1 Touchstone may suspend or terminate your access to the Materials at any time, without notice, if it believes that you have breached a term of these Terms of Use or misused the Materials.  In such event, Touchstone may demand that any and all Materials, including those included in other works, be destroyed or returned to Touchstone, at its sole option. You agree to immediately comply with all such demands received from Touchstone.  

3.2 After your access to, and right to use, the Materials is terminated for any reason, all terms contained within these Terms of Use shall survive such termination, and continue in full force and effect, except for any terms that by their nature expire.

4.0 Intellectual Property.

4.1 The Materials and the information contained within them are and shall at all times remain the property of Touchstone.

4.2 You acknowledge and agree that there may be intellectual property rights, including copyright, associated with the content of, or contained within, the Materials.  You agree to respect those rights and agree that the fact that content is included in the Materials or available through the use of the Materials does not give you any rights to use or reproduce such content other than those explicitly provided in these Terms of Use.  

5.0 Permitted Uses of the Materials.

5.1 Subject to Touchstone’s right, at any time, to terminate these Terms of Use including the rights granted herein, you are granted a limited right to:

      1. copy, adapt and use competency statements from the Materials:

(i) for the development of curricular outcomes, such as for example, within communication training courses within a bridging program or in workplace programs, integration into enhance language training programs, and diversity and inclusion training programs in the workplace;

(ii) to inform your own documents, such as for example, as content for job descriptions, content for training checklists, content for diversity and inclusion policies, and content for behavior interview questions;

      1. subject to the availability of the customizable version of the Materials (“My Framework”), customize and download select components of the Materials for personal use, for the development of educational and training programs, and for use within a workplace setting;
      2. adapt the Materials for use by linguistically diverse groups, provided that appropriate amendments are made to adhere to local cultural and linguistic usage;
      3. create modifications of the Materials for such other uses that are consistent with the Purpose, defined above.

6.0 Acknowledgements and Notices.

6.1 If portions of the Materials are incorporated into, or used in the development of your own work, or if you publish or present materials which are developed using the Materials or a portion of the Materials, such work, publication or presentation shall include a statement of acknowledgement that the use of the Materials was made under license by Touchstone Institute.

6.2 You acknowledge that the Materials were developed with the support of the Government of Ontario, and you agree to reproduce, maintain and not alter any notices included on the Materials which acknowledge the funding support of the Government of Ontario.  

6.3 You further agree to reproduce, maintain and not alter the following copyright notice on all embodiments, modifications or enhancements of the Materials:

Copyright © 2018, Touchstone Institute, Toronto.  All rights reserved in Canada and worldwide. Used with permission from Touchstone Institute, Toronto, in accordance with the Terms of Use.  

7.0 Limitations of the Materials.

7.1 The Materials do not constitute a ready-made curriculum.  You agree that if the Materials, or a portion thereof, are used in an educational or training context, the competencies must be worked into the program outcomes.

7.2 The Materials do not constitute a checklist or screening tool for interview and placement purposes.

7.3 The Materials do not constitute an assessment tool. Its content must be adapted for that purpose if appropriate to the context.

8.0 Prohibited Uses of the Materials.

8.1 The Materials shall not be used for any purpose which is not consistent with the Purpose, defined above.

8.2 The Materials are for non-commercial use only and shall not be used for any commercial endeavor.  You are strictly prohibited from selling the Materials, or any portions of the Materials, whether or not incorporated into other works, unless prior written permission has been granted by Touchstone.  

8.3 You may not use, adapt, copy, apply the contents of the Materials without acknowledging the source, in accordance with these Terms of Use.

9.0 User Feedback.  In exchange for the rights provided herein, you agree to provide Touchstone with feedback on your use of the Materials, and permission to follow up for further information after such use is completed.  Such requested information may include, but is not limited to, information related to who is using the Materials, for what purpose, how the Materials are contributing to your work and if, and how, the Materials have helped with your objectives.  User feedback may be obtained in the form of a survey. All such information shall be collected and used by Touchstone for the purpose of evaluating the impact of the Materials.

10.0 Privacy. Touchstone is committed to protecting your privacy.  Please refer to the Touchstone Privacy Policy for details on how we collect and use personal information that is subject to privacy laws.

11.0 Use of Name.

Except as otherwise provided herein or with the written consent of Touchstone, you shall not use the name of Touchstone in any news release, promotion, advertisement, or other public announcement, whether written or oral, that endorses services, organization or products without the prior written approval of Touchstone.

12.0 Disclaimers.

12.1 THE MATERIALS ARE PROVIDED "AS IS" WITH NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS, STATUTORY OR IMPLIED, AS TO THE MATERIALS, OR THE INFORMATION OR CONTENT INCLUDED IN THE MATERIALS.  TO THE FULLEST EXTENT PERMISSIBLE BY APPLICABLE LAW, TOUCHSTONE AND ITS OFFICERS, DIRECTORS, EMPLOYEES AND CONTRACTORS EXPRESSLY DISCLAIM, AND YOU ACKNOWLEDGES THAT YOU HAVE NOT RECEIVED OR RELIED UPON, ANY WARRANTIES, CONDITIONS OR GUARANTEES EXPRESS, STATUTORY, OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF THIRD PARTY RIGHTS.

12.2 TOUCHSTONE DOES NOT WARRANT THAT ALL PORTIONS OF THE MATERIALS WILL BE AVAILABLE AT ALL TIMES, WILL BE SECURE OR ERROR-FREE, THAT DEFECTS WILL BE CORRECTED, OR THAT THE MATERIALS ARE FREE OF VIRUSES OR OTHER POTENTIALLY HARMFUL COMPONENTS.

13.0 Limitation of Liability.

13.1 You agree to release and forever discharge Touchstone and its directors, officers, agents, employees, successors and assigns, from any and all claims, demands, actions or causes of action, that you may have otherwise had against Touchstone arising out of your use of the Materials for any purpose, or the use of the Materials by others, including any such claims, demands, actions or causes of action, made by you or against you.

13.2 TOUCHSTONE SHALL IN NO EVENT BE LIABLE FOR ANY DAMAGES OR LOSSES OF ANY KIND THAT YOU MAY SUFFER AS A RESULT OF USING THE MATERIALS, FOR ANY REASON.

13.3 FURTHERMORE, IN NO EVENT SHALL TOUCHSTONE BE LIABLE (DIRECTLY OR INDIRECTLY) FOR ANY LOSSES OR DAMAGES WHATSOEVER, WHETHER DIRECT, INDIRECT, GENERAL, SPECIAL, COMPENSATORY, CONSEQUENTIAL, AND/OR INCIDENTAL, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE MATERIALS. 

14.0 Indemnification. You agree to indemnify and hold harmless Touchstone and its directors, officers, agent, contractors, employees, successors and assigns, from and against any and all claims, suits, demands, damages, losses, liabilities, expenses (including reasonable attorney’s fees) arising out of: (i) your violation of any of these Terms of Use, (ii) the violation of any law or regulation by you, or (iii) your use or misuse of the Materials.   You agree to notify Touchstone in the event you become aware that any such claims may be made against Touchstone by third parties for any reason. Touchstone reserves the right to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will fully cooperate with Touchstone.

15.0 Severability and No Waiver.   If a provision of these Terms of Use is determined by any court or other competent authority to be unlawful and/or unenforceable, the other provisions will continue in effect. If any unlawful and/or unenforceable provision would be lawful or enforceable if part of it were deleted, that part will be deemed to be deleted, and the rest of the provision will continue in effect. The failure of Touchstone to exercise or enforce any right or provision of these Terms of Use shall not constitute a waiver of such right or provision.

16.0 Entire Agreement. These Terms of Use, together with Touchstone’s Privacy Policy constitute the entire agreement between you and in relation to your use of the Materials, and supersede all previous agreements in respect of your use of the Materials.

17.0 Governing Law and Venue.  These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and Canada, and any disputes relating to these Terms of Use will be subject to the exclusive jurisdiction of the courts of the Province of Ontario, Canada.

18.0 Latest Version of Terms of Use. These Terms of Use were last updated on: May 16, 2018.