Terms of Service

TERMS AND CONDITIONS OF SERVICE – OACP Certificate Testing

This version in effect since August 18th, 2020.

These Terms and Conditions of Service (“Terms”) apply to your use of the Ontario Association of Chiefs of Police’s certificate testing and certificate website https://oacpcertificate.ca referred to herein as the (“Website”), administered by 2588232 Ontario Inc., operating under the business name, TNT Justice Consultants (the “Administrator”). The information and of the Website including available services are collectively referred to herein as (“Services”) and include all functionalities of the Website.

PLEASE READ THIS AGREEMENT CAREFULLY. This agreement governs your use of the Services. It also exempts the Ontario Association Chiefs of Police hereinafter referred to as (“OACP”), the Administrator and other parties from liabilities or limits their liability and contains other important provisions.

BY USING OUR SERVICES, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS, AS AMENDED FROM TIME TO TIME, THESE TERMS ARE A LEGAL CONTRACT BETWEEN OACP AND YOU. IF YOU DO NOT AGREE TO THESE TERMS IN WHOLE OR IN PART, YOU ARE NOT PERMITTED TO USE OUR SERVICES.

You may use our Services only if you can form legally binding contracts under applicable law of your jurisdiction.

We reserve the right, at our sole discretion, to modify or replace these Terms at any time without incurring any liability or obligation. You may not change the terms of this agreement in any manner. See below under the heading “Modification of The Services and Terms” for more information.

The terms “You” and “Your”, including in lowercase form refer to users of the applicable Services.

ABOUT THE ADMINISTRATOR AND THE OACP CERTIFICATE

The Administrator specializes in training and certification in all social fields. The Administrator maintains and administers all aspect the Services on behalf of the OACP. These Terms are between you and the Administrator which is an Ontario company with offices 10 Milner Busines Court, 3rd Floor. When used in these Terms, the terms “us”, “we” and “our” refer the Administrator.

PRIVACY

The personal information you provide to us is collected for the purpose of assisting you in relation to our Services. We do not sell, rent, lease or license your personal information to any party. The protection of your personal information is important to us and we will only share your information as described in our Privacy Policy or by otherwise obtaining your consent. Our Privacy Policy is incorporated by reference into these Terms and Conditions of Service.

By accepting this agreement and each and every time you access our Services, you consent to the collection, use and disclosure of your personal information by the Administrator in accordance with our Privacy Policy.

You warrant that the personal information you provide to the system is accurate and complete and that you will keep the personal information you have provided current through the Services. We are entitled at all times to verify your information that you have provided and to refuse use of the Services without providing reasons.

FEES

Certification program fees (“Fees”) are processed through a third-party service provider. This means we do not have access to your payment card information. Our current provider is PayPal and PayPal’s policies such as their privacy policy and terms of use will govern your transaction. Fees are in Canadian currency, subject to change, payable in advance and non-refundable if outside of refund policy.

Refund Policy
All purchases are eligible for a refund if they have not conducted any testing within the process and in must be within 180 days of the purchase date. Both conditions must be met in order to be eligible for a refund.

ACCEPTABLE USE
By using the Service, you further agree that:
(a) You will only use the Services for your sole, personal use and will not resell it to a third party;
(b) You will not send, upload, collect, transmit, store, use, post, publish, or otherwise communicate any data, or other materials or content that:
(i) you know or have reason to believe contains any computer viruses, worms, malicious code, or any software intended to damage or alter a computer system or data;
(ii) you do not have the lawful right to send, upload, collect, transmit, store, use, publish or otherwise communicate;
(iii) is false, intentionally misleading or impersonates any other person;
(iv) violates any applicable laws, or infringes, violates or otherwise misappropriates the intellectual property or other rights of any third party (including any moral right, privacy right or right of publicity); or
(v) encourages any conduct that may violate any applicable laws or would give rise to civil or criminal liability;
(c) You will comply with all applicable laws including the laws of the area in which you are present while using the Services; and
(d) You will not use the Services other than as permitted by this Agreement.

Collection and Disclosure of Test Scores
By using the Services, you authorize us to collect, share, and store all information collected throughout this process. You are acknowledging that you understand that information obtained throughout this process will be disclosed to the Police Service or other Law Enforcement Agency.

Collection of Test Results
You as the applicant acknowledge that the current assessment administrators, SIGMA assessments systems Inc., and the Research Psychologists Press Inc., shall collect your test results data for the purpose of defining normative data within the Province of Ontario relating to the Constable Selection Process.

Proctoring Policy
Throughout the testing procedures you will be subjected to proctoring. You understand that proctoring is to maintain integrity and prevent cheating during administered tests. You further acknowledge and agree that you have read, understood and will abide by the Proctoring Notice and Rules of Examination https://oacpcertificate.ca/start-your-career/ You shall not reject or take legal action for any reason against the Administrator or any of our other service providers in the event you become subjected to proctoring or follow up procedures including investigation(s) and disqualification. You as the applicant further understand there are requirements in order to be proctored and will adhere to those requirements to ensure you will able to meet those requirements. You acknowledge that if you are caught cheating or breaching any guidelines set out by OACP and/or the Administrator, you may be immediately disqualified from the OACP Certificate process. The Administrator is not responsible for any costs, including costs associated with assistance of administration of online or in-person proctoring.

Storage and Sharing of Proctoring Videos to Police Service
You acknowledge that the proctoring footage of you is being held with a private third-party database of the proctoring services administrators. You further acknowledge that in the event a potential cheating concern is flagged by the proctoring company, the proctoring footage may be shared with a Police Service in Ontario only.

Aware of Medical Requirements & Criminal Pardons
You acknowledge that you are aware of the medical requirements prior to purchasing the OACP Certificate testing package. You acknowledge that you have reviewed and understand the medical standards set out in the “Become a Police Officer” https://oacpcertificate.ca/becoming-a-police-officer/ page and within the standards outlined in the “Medical Examination Package” https://oacpcertificate.ca/wp-content/uploads/2020/07/Medical-Examination-Package-July-2020-2.pdf You agree that you are aware of the medical grounds of disqualification and, in the event you are found to meet one of these grounds, you shall be disqualified from the Constable Selection Process and cannot hold the Administrator, the OACP or any program administration service provider, and the applying Police Service (or Law Enforcement) agency accountable for disqualifying you. You acknowledge the no refund policy as it is your responsibility to ensure you are a suitable candidate who meets the medical requirements. In terms of criminal pardons, you further understand that you are aware of the no convictions requirement for which a pardon has not been granted.

We reserve the right to immediately terminate your use of the Services should you not comply with any of the above rules. We will have the right to investigate and to monitor your access to and use of the Services, for the purpose of operating the Services, to ensure your compliance with these Terms and to comply with applicable law.

NO ADVICE

The Website is for informational, training, and demonstrative purposes only, and may not be relied upon as professional, legal, or other advice. You are responsible for obtaining appropriate advice from external sources prior to acting upon any information available at or through the Website.

INDEMNIFICATION

By accepting these Terms and using the Services, you agree that you shall indemnify and hold harmless the Administrator, its affiliates, licensors, and each of its officers, directors, employees, attorneys and agents, collectively referred to herein as (“Certificate Program Group”) from and against any and all claims, costs, damages, losses, liabilities and expenses (including attorneys' fees and costs) arising out of or in connection with:

(a) your violation or breach of these Terms or any applicable law or regulation, whether or not referenced herein;
(b) your violation of any rights of any third party, or
(c) your use of the Services contrary to this agreement or other instructional manuals, guidelines, or documentation made available by us to you.

OTHER SITES

The Website may contain links to third party sites (“Linked Sites”) or direct users to third party sites as part of the services available through the Website, including to third party proctoring service provider for the proctoring of online tests and the provider of the Website’s learning management system. When you access such Linked Sites, you are doing so at your own risk and are subject to the terms and conditions of use of the Linked Sites in question and we have no responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any Linked Sites materials or the actions of the third party Linked Site provider.

Linked Sites may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from the Website. You may only use these features when they are provided by us and solely with respect to the content identified.

You acknowledge and agree that we may have the need to utilize subcontractor(s) or third-party service providers in performance of the services available through the Website or otherwise in connection with the operation of the Website. The Website may contain features or functionalities, including widgets, that designed to interoperate (“Integrations”) with third party services, such as the third-party proctoring service and learning management system. If a third party service provider for which we offer an Integration ceases to make such third party service available, we, in our sole discretion, may cease providing such Integration and the corresponding features of the Website or a service to you without entitling you to any refund, credit, or other compensation.

DISCLAIMERS
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LEGAL WARRANTIES, CONDITIONS OR REPRESENTATIONS. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE EXCLUSIONS OR LIMITATIONS IN THIS AGREEMENT (INCLUDING THE FOLLOWING DISCLAIMERS) MAY NOT APPLY AND YOU MAY HAVE ADDITIONAL RIGHTS.
WITHOUT LIMITING THE FOREGOING, YOU ACKNOWLEDGE, UNDERSTAND, AND AGREE THAT THE SERVICE IS PROVIDED “AS IS” AND “AS AVAILABLE”, WITH ALL FAULTS AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WE DISCLAIM ALL WARRANTIES, REPRESENTATIONS AND CONDITIONS OF ANY KIND WHETHER EXPRESS, IMPLIED, STATUTORY OR COLLATERAL, INCLUDING, WITHOUT LIMITATION, THE WARRANTIES AND CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, COMPATIBILITY, TITLE, SECURITY, RELIABILITY, COMPLETENESS, QUIET ENJOYMENT, ACCURACY, CURRENCY, TIMELINESS, INTEGRATION, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT, OR ANY WARRANTIES OR CONDITIONS ARISING OUT OF COURSE OF DEALING, OR THAT THE SERVICES ARE OR WILL BE ERROR-FREE OR WILL OPERATE WITHOUT INTERRUPTION.

LIMITATION OF LIABILITY
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WE BE LIABLE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER LEGAL THEORY, FOR ANY DAMAGES OF ANY KIND (INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, LOST PROFITS, LOSS OF USE, LOSS OF DATA, PERSONAL INJURY, FINES, FEES, PENALTIES OR OTHER LIABILITIES), WHETHER OR NOT WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, RESULTING FROM OR RELATED TO THIS AGREEMENT.
TO THE EXTENT THAT THE FOREGOING LIMITATION IS NOT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL OUR TOTAL AGGREGATE LIABILITY IN CONNECTION WITH OR UNDER THIS AGREEMENT, OR YOUR USE OF, OR INABILITY TO MAKE USE OF, THE SERVICES EXCEED THE AMOUNT OF $100.00 IN CANADIAN CURRENCY. FOR GREATER CERTAINTY, THE EXISTENCE OF ONE OR MORE CLAIMS UNDER THIS AGREEMENT WILL NOT INCREASE THIS MAXIMUM LIABILITY AMOUNT.

YOUR USE OF THE SERVICES IS AT YOUR SOLE RISK. THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT ANY GUARANTEES, REPRESENTATIONS OR WARRANTIES OF ANY KIND (WHETHER EXPRESS OR IMPLIED), ALL OF WHICH ARE HEREBY DISCLAIMED BY US TO THE FULLEST EXTENT PERMITTED BY LAW. WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, WE DO NOT REPRESENT, WARRANT, OR GUARANTEE THAT:
(I) THE SERVICES WILL MEET YOUR REQUIREMENTS;
(II) THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE; OR
(III) ANY SERVICES, INFORMATION OR OTHER MATERIAL OBTAINED BY YOU THROUGH THE SERVICES WILL MEET YOUR PERSONAL EXPECTATIONS OR BE OF A CERTAIN QUALITY.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, YOU WAIVE, RELEASE AND DISCHARGE US FROM ALL LEGAL CLAIMS, DEMANDS, DAMAGES, ACTIONS OR CAUSES OF ACTION IN RESPECT OF THE FOREGOING. WE WILL NOT BE LIABLE OR RESPONSIBLE FOR ANY FAILURE TO PERFORM, OR DELAY IN PERFORMANCE OF, ANY OF OUR OBLIGATIONS UNDER THESE TERMS THAT IS CAUSED BY EVENTS OUTSIDE OUR REASONABLE CONTROL.

INTELLECTUAL PROPERTY

The content on the Website, including logos, icons, trademarks, comments, links and information, unless otherwise stated, is owned by OACP and 2588232 Ontario Inc., operating under the business name, TNT Justice Consultants (“Content”). These works are protected by copyright laws, trademark laws, and other intellectual property laws and treaties, both in Canada and around the world and all rights therein are reserved. For the purposes of these Terms, any use of extracts from the Website other than in accordance with these Terms is prohibited.

Except to the extent expressly permitted in this Agreement, you may not:
a) use, reproduce, modify, adapt, translate, upload, download, or transmit the Content in whole or in part;
b) sell, rent, lease, license, transfer, or otherwise provide unauthorized access to the Content;
c) alter, remove, or cover any trademarks or proprietary notices, including from the Content; and/or
d) decompile, disassemble, decrypt, extract, or reverse engineer the Content or assist others in doing so.

TERMINATION

We are entitled to terminate your use of the Services, subject to applicable contractual re-imbursements, if any, at any time without notice and with immediate effect for any reason including, if you: violate or breach any term of these Terms, or in the opinion of the Administrator, misuse the Services.

ENTIRE AGREEMENT

The Terms (including any referenced documents or information) constitute the entire agreement between you and the Administrator in relation to the Services and governs your use of the Services, superseding any prior version of these Terms between you and the Administrator.

WAIVER AND SEVERABILITY OF TERMS

Our failure to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction or arbitrator to be invalid, the parties nevertheless agree that the court or arbitrator should endeavour to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.

MODIFICATION OF THE SERVICE AND TERMS

The Administrator reserves the right, at its sole discretion to change, suspend, or discontinue the Services (including without limitation, the availability of any feature or content) at any time. We may also impose limits on certain features of the Services or restrict your access to parts or all of the Services without notice or liability.

The Administrator reserves the right, at its sole discretion, to modify or replace any of these Terms. If we change these Terms, we will provide notice to you by posting the revised Terms on our Website and by indicating at the top of this page the date these Terms were last updated. Such changes will be effective when the revised Terms are posted to our Website. You should check the Terms frequently for any revisions, and especially before your use of the Services. By continuing to access or use the Services after those revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, in whole or in part, please stop using the Services.

We will also provide you 30 days' notice in advance of these changes taking effect, if required by law.

NOTICE

The Administrator may give notice by means of a general notice sent through the Website, or by electronic mail to your email address on record, or by written communication sent by regular mail to your address on record. By using our Services, you allow us to communicate with you through these means and receive electronic mail from us and TNT.

ASSIGNMENT

You may not assign your rights under these Terms without prior written approval of the Administrator.

APPLICABLE LAW

To the fullest extent permitted by law, you irrevocably and unconditionally submit to the exclusive jurisdiction of the courts of the Province of Ontario, Canada in connection with these Terms or your use of the Services.

I have read, understood and agree to these Terms and the Privacy Policy.