Effective Date: May 19, 2017
The following are the Canadian Centre for Diversity and Inclusion and its subsidiaries’ (“CCDI”, “we”, “us” or “our”) terms and conditions (“Terms”) that govern the administration, enrolment, evaluation, assessment, examination, maintenance and related services of the certification to become a Canadian Certified Inclusion Professional™ or CCIP™ (“Certification”). Candidates who meet the requirements of the Certification are awarded the designation Canadian Certified Inclusion Professional™ or CCIP™ (the “Designation”). The Terms form the agreement between CCDI and you (the “Candidate”, “you”, “your”) with respect to the Certification (the “Agreement”).
PLEASE READ THESE TERMS CAREFULLY. YOUR REGISTRATION TO ENROLL IN THE CERTIFICATION INDICATES THAT YOU HAVE READ, ACCEPTED AND AGREED TO THESE TERMS AND ANY OTHER APPLICABLE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU SHOULD NOT REGISTER.
Privacy and Confidentiality
The collection, use, disclosure and overall processing of Candidate’s personal information is governed by CCDI’s Certification Privacy Policy. The Certification Privacy Policy is accessible through the following: Certification Privacy Policy
Eligibility
The Candidate hereby declares that the Candidate has read and understood the Certification Handbook and confirms that the Candidate meets the eligibility requirements as outlined in the Certification Handbook.
The Candidate is eligible to enroll in the Certification if:
To the purpose of the Certification, relevant work experience is defined as any work experience that helps the Candidate develop the competencies included in the CCIP™ Competency Framework. Sample relevant tasks might include, but are not limited to:
Permitted Use
CCDI offers the Certification and its related Content (as defined below), and the Designation, for the limited purposes provided in this Agreement, including in a personal, informational, non-competing use. Candidates agree to:
Prohibited Use
In addition to the requirements set forth in other sections of these Terms, Candidates agree not to use the Certification and its related Content (as defined below) or the Designation for any purpose not expressly authorized by CCDI or these Terms and/or post, state, register, distribute or act in a manner that:
Certification Standards
The Designation is awarded solely by CCDI. CCDI is also solely responsible for the judgment of the Candidate’s qualifications and any decision on the maintenance of the Designation. CCDI may, at any time, alter or modify Certification standards, requirements for the Certification and/or rules, fees, policies and procedures relating to the Certification and Designation. See Notice of Change of Terms for more information.
Designation Maintenance
You acknowledge that the Designation requires subsequent maintenance and that failure to maintain certain standards as required by CCDI may result in revocation of your status. Candidates agree to maintain their Designation and may be required to provide annual reports to CCDI to confirm their eligibility is in keeping with CCDI’s standards.
Transparency
The Candidate agrees that providing false or misinformation, not providing required information or violating the rules of Certification may result in disciplinary action. Any information associated with, or required in, the Certification may be verified by CCDI.
The Candidate agrees to inform CCDI of circumstantial changes that may affect certification eligibility. Changes to Certification eligibility may result in removal from the Certification and/or the Certification registry, and suspension or termination of the Designation.
If it has been determined the Candidate has engaged in inappropriate behaviour during the Certification, the Candidate may be removed from the Certification and/or the Certification registry, and be subject to a suspension or termination of the Designation.
The Candidate agrees to use the Designation only once the Candidate has been advised by CCDI of the successful completion of the requirements of the Certification.
Accommodation
If the Candidates requires accommodation a request for accommodation should be made during the registration process, or as soon as the need for accommodation arises by contacting [email protected].
Examination
The Certification examination questions and answers are the exclusive and confidential property of CCDI and are protected by CCDI property rights. The Candidate agrees not to copy, disclose, publish, reproduce, transmit or discuss the content of the examination or answers in any language or form or by any means, verbal or written, electronic or mechanical for any purpose without prior express written permission from CCDI. The Candidate attests to completing the examination within the allotted time period, on his/her/their own accord. The Candidate understands and acknowledges additional terms, including but not limited to examination rules, will be disclosed and apply prior to the examination.
Professional Experience Dossier
The Candidate agrees to take full responsibility for the accuracy and validity of the Candidate’s Professional Experience Dossier submission and that the submission is the Candidate’s own work. The Candidate’s Professional Experience Dossier submission must not violate copyright, trademark or personal rights of others and will not contain defamatory or unlawful material.
The Candidate agrees that the Professional Experience Dossier submission will be shared by CCDI with the External Assessor designated by the Candidate in the Professional Experience Dossier submission form.
CCIP™ Registry
The Candidate agrees that the Candidate’s name and contact information will be included in the public registry of Canadian Certified Inclusion Professionals™ hosted on CCDI website. You acknowledge and agree to CCDI providing your information via a publicly available online search listing.
You acknowledge that third parties may contact CCDI in order to verify the status of your Designation, and you hereby authorize CCDI to disclose information regarding the status of your Designation to such third parties seeking verification.
Intellectual Property
The content displayed, produced and shared by CCDI regarding the Certification, including but not limited to all names, images, logos, graphics, applications, videos, audios, photos, software, products, handbooks, forms, online examinations, training materials, courses, reading lists, literature, articles and all other material (all of the foregoing, the “Content”) are, and remain the property of CCDI, its third party vendors and others, and are protected by Canadian and international copyright, trademark and other laws.
The Candidate agrees to abide by all copyright notices, trademark rules and restrictions contained in any Content. The Candidate agrees to only use the Content in accordance with these Terms and other applicable CCDI policies and to cease using the Content upon the expiration, suspension or termination of the Candidate’s Designation or upon the expiration, suspension or termination of the Candidate’s enrollment in the Certification process.
Any CCDI Content shared between CCDI and the Candidate as part of the Certification remains the sole and exclusive property of CCDI. All trademarks not belonging to CCDI, as well as all software and other elements that the Candidate encounters in the course of the Certification, as well as all intellectual property rights therein, remain the sole and exclusive property of CCDI and are not licensed to the Candidate in any way.
Certification Handbook, Courses and Training Materials
Upon completion of enrollment and receipt of payment, CCDI grants you a license to make one (1) unmodified copy of any Content provided except for the examination process and questions. The license is for the sole internal use of the Certification and does not include external distribution, sale or modification. Unless CCDI agrees otherwise, Candidates may not use recording, photographic or video equipment during the Certification.
Indemnification
Candidate hereby agrees to indemnify, hold harmless and defend CCDI and its employees, agents, representatives, officers and directors, successors and assigns (the “Indemnitees”) from and against all claims, liability, damages, causes of action, costs and expenses, including legal fees and expenses (“Losses”) that the Indemnitees incur or may occur arising from or out of any use of, or in connection with: (i) your breach of these Terms; (ii) your use of, or inability to use the Certification, Designation, Content and related services; (iii) personal injury or tangible and intangible property damage, casualty or loss suffered or incurred by the Indemnitees in connection with your use of the Certification and related CCDI services available by or through your use of the Certification (including damage, casualty or loss arising from the malicious acts of third parties which could have been prevented or avoided by you using reasonable protective means); and (iv) your acts or omissions in connection with your use of the Certification, Designation and related CCDI services. You also agree to indemnify, defend and hold harmless the Indemnitees from and against any Losses that the Indemnitees incur or may incur arising from, resulting from, or arising in connection with your providing CCDI or a third party inaccurate or untruthful information and/or your actions between other Candidates.
LIMITATION OF LIABILITY OF CCDI
THE LAWS OF CERTAIN JURISDICTIONS, INCLUDING QUEBEC, DO NOT ALLOW CERTAIN EXCLUSIONS OR LIMITATIONS OF LIABILITY OR CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE BELOW EXCLUSIONS OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
UNDER NO CIRCUMSTANCES WILL CCDI BE LIABLE FOR ANY DIRECT, INDIRECT, CONSEQUENTIAL OR INCIDENTAL LOSS, INJURY, CLAIM, LIABILITY OR DAMAGES (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OF BUSINESS PROFITS OR INFORMATION, OR FOR BUSINESS INTERRUPTION) ARISING OUT OF THE USE OR INABILITY TO USE THE CERTIFICATION, DESIGNATION, CONTENT OR RELATED SERVICES TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. CCDI DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO YOUR USE OF THE CERTIFICATION, DESIGNATION, CONTENT OR OTHER CCDI SERVICES.
The total liability of CCDI (including its employees, agents, representatives, officers and directors) shall not exceed the total amount actually paid by the Candidate for the Certification. Candidate assumes full liability for the actions and omissions of the Candidate, its principals, employer, agents, affiliates, successors and assignees.
No Warranties, Conditions or Representations
The laws of certain jurisdictions, including Quebec, do not allow the exclusion or limitation of warranties and the exclusion or limitation of representations made concerning the Certification and Designation. If these laws apply to you, some or all of the below exclusions or limitations may not apply to you and you may have additional rights.
CCDI is proud in its service offerings, including the Certification and Designation; however, we do not guarantee any results of any kind, nor do we guarantee a Candidate’s future career success or performance as a result of obtaining the Designation. CCDI makes no guarantee of any employment or professional achievement as a result of meeting the requirements of the Certification and obtaining the Designation. The success of the Certification and other CCDI services depend significantly on the effort and commitment of the Candidate.
The Certification is directed to eligible Candidates with the appropriate degree of experience, competence and skill and CCDI accepts no responsibility whatsoever arising in any way from any use of, or reliance on, the Certification or Designation. CCDI is not undertaking to render professional or other services on behalf of the Candidate or to perform any duty owed by any person or entity to someone else.
YOUR REGISTRATION AND PARTICIPATION OF THE CERTIFICATION AND OUR SERVICES IS AT YOUR OWN RISK AND IS PROVIDED TO YOU ON AN "AS IS" AND "AS AVAILABLE" BASIS, WITHOUT ANY WARRANTIES, CONDITIONS OR REPRESENTATIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. TO THE MAXIMUM EXTENT PERMITTED BY LAW, CCDI DISCLAIMS ALL WARRANTIES, OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, WITH RESPECT TO THE CERTIFICATION, DESIGNATION AND RELATED SERVICES, INCLUDING ANY WARRANTIES OF MERCHANTABILITY, NON-INFRINGEMENT AND FITNESS FOR A PARTICULAR PURPOSE.
Breach of the Agreement
Any failure by the Candidate to pay any amount when due, or any use by the Candidate of Content or any licensed material beyond the scope of this agreement shall be considered a material breach of the Agreement. Any breach not cured within ten (10) days of notice thereof shall result in immediate termination of the Candidate’s enrollment in the Certification without further notice and without refund of any registration fee paid by the Candidate for the Certification.
CCDI hereby objects to any terms contained in any writing prepared by the Candidate or its principals, employees, agents or affiliates and purporting to govern or otherwise relate to any licensing transaction, which terms are in any way inconsistent with any of these Terms or with any standard operating procedures of CCDI, whether such writing is prepared prior to, simultaneously with or subsequent to the registration, and whether such writing appears on any paper or electronic version of the registration or in a separate paper or electronic instrument, unless such writing is countersigned by CCDI.
Termination of Enrollment
The Candidate may terminate its enrollment in the Certification at any time by sending e-mail to: [email protected]. Upon termination, the Candidate will receive a confirmation via e-mail that the request was received, and access to the Certification from the Candidate’s account will be suspended within five (5) business days from the date of the confirmation email.
Electronic Documents
In addition to this electronic registration process and Agreement, CCDI may provide some or all the Certification, Content, materials and related services in electronic form. You hereby consent to the exchange of information and documents between you and CCDI over the internet or by email and that these Terms (together with any additional information provided by CCDI) in electronic form shall be the equivalent of an original written paper agreement between CCDI and you. You further agree that all agreements, notices, disclosures and other communications that we provide to you electronically satisfy any legal requirement that such communications be in writing. CCDI reserves the right to send electronic mail to you for the purpose of informing you of changes or additions to this Agreement, Terms, Certification and related services.
Publicity
By participating in the Certification, CCDI and their agencies, in their sole discretion, may, in person or other means, photograph, audio record, video record, interview or otherwise capture and document the stages and events related to the Certification, including the biographical information, history, stories, likeness, image and other information (collectively “Candidate Image”) for the purposes of advertising and publicity of the Certification and Designation and CCDI and other commercial and promotional purposes, in any manner, in any and all media now or hereafter known throughout the world in perpetuity, without further compensation, notification, or permission, unless prohibited by law.
If a Candidate prefers not to have their Candidate Image used by CCDI for the above purposes, the Candidate agrees to notify CCDI, in writing, prior to the examination.
Communication with the Candidate
The Certification is an individual process and the Designation is an individual designation. CCDI and its representatives can only interact with the Candidate directly and cannot speak or correspond with anyone calling or writing on a behalf of the Candidate.
Fee Structure
The Candidate agrees to pay a registration fee of the amount specified in the Certification Handbook.
All the requirements of the Certification must be completed within the time prescribed by the Certification Handbook. Should the Candidate not complete the requirements of the Certification within the time prescribed by the Certification Handbook, the Candidate must re-apply and pay the applicable fee.
The Candidate agrees that a re-write fee applies if the Candidate does not pass the examination.
The Candidate agrees that an administration fee will be charged when an examination appointment is cancelled or re-scheduled with less than twenty (20) full business days’ notice.
The Candidate agrees that an administration fee will be charged when the submission of the Professional Experience Dossier is cancelled or re-scheduled with less than twenty (20) full business days’ notice.
The Candidate agrees that Candidate can withdraw from the Certification Process within 10 business days of registration, provided the examination has not been written nor the Professional Experience Dossier submitted. The registration fee will be reimbursed and a withdrawal fee will apply.
Should the Candidate withdraw from the Certification Process after 10 business days from registration, the registration fee will not be reimbursed.
Notice of Change to Terms
Candidate acknowledges and agrees that CCDI may alter these Terms in any fashion and at any time, effective immediately, provided that CCDI posts notice and any such material alteration will be effective on the date set forth in the notice (and which effective date will be at least 30 days following CCDI’s first posting thereof). Finally, Candidate acknowledges and agrees that CCDI may, in its sole discretion, terminate or suspend Candidate’s access to the Certification including without limitation breach of this Agreement or persistent failure to pay the Certification fees on a timely basis (where applicable).
You can review the latest version of this Agreement at any time on our website. Depending on the modifications, including should CCDI make significant changes, CCDI will communicate such changes to you by way of a notification on our website, by e-mail, by traditional mailing or other means prior to the change becoming effective.
Entire Agreement
This Agreement contains the full and complete expression of the rights and obligations of the parties, and it shall cancel and supersede all other written or oral communications heretofore made by the parties (including their affiliates) related to the subject matter hereof, including any agreements for the payment of the Certification fee between the Candidate and CCDI. None of the terms of this Agreement shall be deemed to be waived by either party or amended unless such waiver or amendment is written and signed by both parties and recites specifically that it is a waiver of, or amendment to, the Terms of this Agreement.
Additional Terms and Policies
Additional terms may be provided during the Certification and shall apply to the Candidate, including but not limited to training guidelines, code of conduct, eligibility requirements, examination rules and so forth. You acknowledge and agree that such additional terms may govern your use of the Certification or a particular component or service. You agree to abide by such additional terms.
Language
Unless otherwise stated, English shall be the language of the Certification, including transactions, examinations, materials, courses and related services occurring in connection with the Certification. CCDI will endeavour to accommodate if possible; however, all Candidates agree to waive any right to use and rely upon any other language, or translations. Il est la volonté expresse des parties que cette Certification et tous les documents s’y rattachant soient rédigés en anglais, à l’exception des documents dont la loi exige l’usage exclusif du français.
Governing Law
The Terms and the accompanying Proposal or Engagement Letter shall be subject to and governed by the laws of the Province of Ontario and the laws of Canada applicable therein, and all disputes arising hereunder or related thereto shall be subject to the exclusive jurisdiction of the courts of such province.
Contact
If you have any questions regarding these Terms, please contact CCDI at the following:
820-2 Carlton Street
Toronto, ON M5B1J3
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