Terms And Conditions
Terms and Conditions

TERMS AND CONDITIONS
Carefully read all the terms and conditions of this agreement (“Agreement”) before accessing or using the BIStrainer system or its associated SafeTapp app (collectively the “System”). By accessing or using the System, You agree to be legally bound by the terms and conditions of the Agreement. If You do not agree with the terms and conditions of the Agreement, You must not use, access, attempt to access or open an account for the System.

The Agreement is a legal agreement between You and Business Improvement Solutions Inc. (“BIS”) for use of the System. The terms and conditions of the Agreement may be changed from time to time by BIS at its sole discretion. Any changes will be posted on the System and Your continued use of the System will be contingent upon Your acceptance of the terms and conditions of the Agreement as modified.

Restrictions on Use of the System
You shall not reproduce, copy, create derivative works, transmit, or otherwise display, distribute or exploit in any way the System or any part thereof, without BIS’s prior written permission. Your use of the System is limited to Your sole personal use only. At no time shall You provide, allow or permit anyone else to use Your account to gain access to the System or anything accessible through your account, including but not limited to, text, images, videos, photographs, audio files, graphics, data, courses, forms, exams, surveys, policies, procedures, assessments, and materials used for the purpose of providing or testing knowledge and gathering information, (collectively referred to as “Content”).

Disclaimer of Warranties and Liability
BIS is not responsible for any errors or omissions appearing in Content. To the fullest extent permitted by law, BIS does not warrant and hereby disclaims any warranty, expressed or otherwise implied as to the accuracy, correctness, completeness, reliability, timeliness, fitness for any particular purpose or satisfactory quality of the Content or any part thereof. The Content on the System is provided without warranties of any kind. You are accessing the System and using any of the Content at Your own risk. Furthermore, BIS disclaims all responsibility and liability of any description including without limitation liability for negligence, injury, incidental, special, indirect, punitive, or consequential damages, expense and/or loss (to include loss of profits, loss of revenue, loss of savings, loss of data or information, business interruption, loss of privacy, personal injury or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with Content to include any reliance placed by such person on such Content, or the viewing, use or performance of the Contents, whether with the required authority or otherwise.

BIS reserves the right to revise, amend, alter or delete the Content, or any part thereof, provided herein at any time, but shall not be responsible for or liable in respect of any such revisions, amendments, alterations or deletions.

To the fullest extent permitted by law, BIS does not warrant and hereby disclaims any warranty, that the System or any part thereof or any functions associated therewith will be uninterrupted or error-free, or that defects will be corrected. Furthermore, BIS disclaims all responsibility and liability of any description including without limitation liability for incidental, special, indirect, punitive, or consequential damages, expense and/or loss (to include loss of profits, loss of revenue, loss of savings, business interruption, or other pecuniary loss) of any kind, direct or indirect, suffered by any person as a result of or in connection with the System to include any reliance placed by such person on the System, or the viewing, use or performance of the System, whether with the required authority or otherwise. Indemnification
You agree to indemnify and hold BIS, its client or clients through whose portal You access the System, and all of their respective directors, officers, employees, and subcontractors harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of Your use of the Content or the System, Your violation of any terms or conditions of the Agreement, Your violation of applicable laws, or Your violation of any rights of another person or entity.

Right of Access
BIS reserves all rights to deny or restrict access to this System to any particular person, group or organization, or to block access from a particular Internet Protocol address to the System, at any time, without ascribing any reasons whatsoever.

Links from the System to Websites

The System may contain hyperlinks to websites which are not maintained by BIS. Hyperlinks to other websites are provided solely for Your convenience. If You use these hyperlinks and websites, You do so at Your own risk and it is Your responsibility to take all protective measures to guard against viruses and other destructive elements. BIS shall not be responsible for the availability, accuracy or reliability of the content of websites not maintained or controlled by BIS nor shall BIS be liable for any injury, damages, loss or expense howsoever arising from access to those websites. In no circumstance shall BIS be considered to be associated or affiliated with any trade or service marks, logos, insignia or other devices used or appearing on websites which are not maintained or controlled by BIS.

BIS reserves all rights to disable any links to, or frames of any website containing, in BIS’s sole opinion, inappropriate, profane, defamatory, infringing, obscene, indecent or unlawful topics, names, material or information that violates any written law, any applicable intellectual property, proprietary, privacy or publicity rights.

BIS reserves the right to impose in its sole discretion any terms and conditions for hyperlinking to, or framing of the System or the Content or any part thereof and You agree to be bound by and shall observe all such terms and conditions.

BIS reserves the right to disable any unauthorised links or frames and disclaims any responsibility for the content available on any other website reached by links to or from the System, the Content, or any parts thereof, that are not maintained or controlled by BIS.

Copyright
The System and Content are protected by copyright. Copyright protection includes, but is not limited to, the System, the Content, and any parts thereof, including but not limited to any design, text, images, photographs, videos, audio files, and graphics. All rights, title and interest in the System and the Content are owned by BIS or third parties. Your use of the System and Content does not grant You any rights in respect to the copyright.

Privacy Policy

BIS collects, uses and discloses your personal information (including training records and course grades) as described below and in our Privacy Policy, which is available here: Privacy Policy (English). You consent to the collection, use and disclosure of your personal information described below and in the Privacy Policy.

By activating an account in the System, You agree that the information and documents in Your account (“Account Information”), including but not limited to your personal information, training records, course grades and certificates of completion, may be shared by BIS with third parties in the following roles:

i. Service Providers and Subcontractors: To maintain, support and upgrade the System, BIS may contract third-party subcontractors and service providers who may gain or require access to Your Account Information. Under no circumstance do these subcontractors have an independent right to share or disclose Your Account Information with any other person, group or company.

ii. Content Purchasers: In the event that You are provided access to Content that is purchased or ordered online through any System e-commerce store by a third party (“Purchaser”), You agree to allow the Purchaser to have access to information related to Your completion of the Content, including, but not limited to, Your name and Your completion status, completion date, mark, and certificate of completion as it relates to the purchased Content, in order to assist with the tracking, validation, and administration of Your completion of the Content.

iii. Portal Providers: The System can be accessed through different online portals provided by different BIS clients. When you activate an account in the System through a particular portal, You agree to allow the portal provider (who has administrative access to the portal in the System in which Your account is created) to have access to all of your Account Information, excluding your password, in order to provide You with System support, register you for new Content, track and validate Your Content completions and training history, and update Your records and information.

iv. Content Owners: If You are completing Content owned by a third party (“Content Owner”), You hereby grant BIS the right to provide the Content Owner with information related to completion of the Content Owner’s Content including, but not limited to, Your name, username, mark, completion status, completion date, feedback, purchase order ID, purchase date, and proctor status and related information (if applicable), to assist with the registration, tracking, validation, and administration of Your completion of the Content.

v. Governing Bodies: If You are completing Content endorsed, approved, or regulated by a third party (“Governing Body”), You hereby grant BIS the right to provide the Governing Body with information to assist with the registration, tracking, validation, and administration of Your completion of the Content endorsed, approved, or regulated by the Governing Body including, but not limited to, Your name, username, mark, completion status, completion date, feedback, address, contact information, purchase order ID, purchase date, and proctor status (if applicable). vi. Record Validators: To allow third-parties with validation privileges in the System (“Record Validators”) to use SafeTapp to confirm that You have completed required training, fulfilled the requirements of Your training, and Your training is current and unexpired, You hereby grant BIS the right to provide Record Validators with access to your name, completed course titles, course marks, completion dates, certificates, certificate expiry dates, and course status under the following circumstances: when presented with a QR code from one of Your certificates, when presented with the QR code from Your System generated ID card, when provided one of Your certificate numbers and your last name, or when provided Your User ID and last name.
An organization may fit into more than one of these roles depending on the context.

Choice of Law
This Agreement will be deemed to have been made and performed exclusively in the Province of Alberta, Canada, and will be governed by and construed under the laws of that jurisdiction. You hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Alberta for any claim related to this Agreement or the System arising from or in connection with the Agreement and agree not to bring any action, claim, suit or proceeding against BIS , its affiliates or agents (or any officer, director, or employee thereof) in any jurisdiction other than the Province of Alberta.

Severability
To the extent that any provision of this Agreement is declared by a court or other lawful authority of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed and deleted or limited so the remainder of the Agreement shall continue in full force and effect with respect to all other provisions.

Acceptance on Someone Else’s Behalf

In the event that You create an account in the System on behalf of someone else, You represent and warrant that one or more of the following apply:

  1. You have notified them of this Agreement’s existence, terms and conditions and have obtained their consent and authorization to agree to the terms and conditions of this Agreement on their behalf; or
  2. You otherwise legally have the right to provide consent on their behalf.
  3. In the event that You submit Personal Information on behalf of someone else, You represent and warrant that You have their informed consent to do so.

    You agree to indemnify and hold BIS and all of its respective directors, officers, employees, and subcontractors harmless from any claim or demand, including reasonable legal fees, made by any third party in connection with or arising out of Your acceptance of the terms and conditions of the Agreement on someone else’s behalf or your provision of the personal information of someone else on their behalf.


Online Course Refund Policy
Online course refund requests will be accepted up to ninety (90) calendar days following the date of purchase. All refunds will be credited back to the card originally used to make the purchase.

In-Class Course Refund Policy
Refund and withdrawal requests for classroom training must be made directly to the company providing the training. Cancellation fees may apply.

Product Refund Policy

If you are not 100% satisfied with a product, it can be returned for a refund if the product is in its original packaging and condition. Refund requests will be accepted up to ninety (90) calendar days following the date of purchase. All refunds will be credited back to the card originally used to make the purchase. Shipping charges are non-refundable.

ADP, ADP Marketplace, and AppDirect

By accessing the System via ADP, the ADP Marketplace, or the AppDirect platform, You are agreeing to the following stipulations concerning ADP and AppDirect:

Use of the ADP Marketplace by You is subject to ADP’s then-current terms of use (the “ADP Terms”). All access and use of the System or purchases through the System shall be subject to the terms and conditions of this Agreement.

BIS and not ADP or its vendors, is solely responsible for providing, maintaining, supporting and updating the System and its associated services. BIS shall provide product support for the System. You can access support via email at help@bistrainer.com or by phone at 780-410-1660 or 1-866-416-1660 Toll-Free (Canada and USA).

BIS hereby disclaims on behalf of ADP and AppDirect any express, implied or statutory representations or warranties, and all other warranties, including the implied warranties of merchantability, title, noninfringement and fitness of the System for a particular purpose.

Your sole and exclusive remedies shall be against BIS relating to the System. ADP and AppDirect shall have no liability or obligation to You relating to the System.

You will not (i) decompile or reverse engineer the ADP Marketplace or take any other action to discover the source code or underlying ideas or algorithm of any components thereof, (ii) copy the ADP Marketplace, (iii) post, publish or create derivative works based on the ADP Marketplace, or (iv) remove any copyright notice, trade or service marks, brand names and the like from the ADP Marketplace or related documentation.

ADP and AppDirect are third party beneficiaries of the described terms and each are entitled to enforce such terms as if they each were a party to this Agreement.

Subject to the remainder of this paragraph, BIS shall indemnify, defend and hold You harmless from and against any and all suits, actions, damages, costs, losses, expenses (including reasonable outside attorneys’ fees) and other liabilities (each, a “Claim”) arising from or in connection with allegations that the System violates or infringes any intellectual property right of a third party, invades or infringes any right of privacy, or right of publicity, of any person or entity. BIS shall at its sole expense conduct the defense of any such Claim and all negotiations for its settlement or compromise; provided, however, that (a) no settlement or compromise of such a Claim shall be entered into or agreed to without Your prior approval and (b) You shall have the right to participate, at Your own expense, in the defense and/or settlement of any such Claim to the extent necessary to protect Your own interests.

Last Updated: November 17, 2020