1.0 Acceptance of Contractual Relationship.
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.
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.
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.
5.0 Permitted Uses of the Materials.
- 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;
- 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;
- adapt the Materials for use by linguistically diverse groups, provided that appropriate amendments are made to adhere to local cultural and linguistic usage;
- 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:
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.
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.
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.
12.1 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.