PLEASE SCROLL DOWN AND READ THE SERVICE TERMS AND CONDITIONS BELOW.
These Subscription Terms and Conditions (“Terms and Conditions”) govern your use of The College of Family Physicians of Canada (the “CFPC”)’s continuing professional development-related digital products and services, including CFPCLearn and CFPC Self Learning (each, a “Service”), and in some cases described below, the print version of a Service, unless other terms and conditions expressly govern. These products and services are provided either directly by the CFPC (“we”, “us”, “our”) or through various third-party platforms.
If you agree to be bound by these Terms and Conditions, you should check the box indicating your agreement to the Terms and Conditions on the registration page for the Service. If you do not agree with one or more of these Terms and Conditions, or you do not agree to be bound by these Terms and Conditions, then you should not check the box, but you will not be able to proceed with the registration process for the Service and become a subscriber.
- Changes to these Terms and Conditions
From time to time, we may, in our sole discretion, change, modify, supplement, or remove portions of the terms, conditions and notices under which the Services are offered. The changes will appear in this document, which you can access at any time by going to the Subscription Terms and Conditions link at the footer of the Service to which you have subscribed, and they will take effect upon the date they are posted to the CFPC website. By using a Service after changes are made to these Terms and Conditions, you signify that you agree to be bound by such changes.
- Privacy and Account Settings
We will establish an electronic record of the information you provide to us and a record of the Service you have purchased under these Terms and Conditions. This record will be known as “Your Account.” By registering, you agree to receive communications, including notices and digital or print copies of the Content and Services, disclosures, and all other communications (collectively, “Notices”), from us electronically.
If you access a Service using a password, you are solely responsible for maintaining the confidentiality of that password. If you provide someone else with access to your password to a Service, they will have the ability to view information contained in Your Account and make changes.
You agree to notify us promptly if any information entered in Your Account changes, including any changes to your billing and email addresses, so that we can continue to contact you and send any Notices required hereunder. If you fail to notify us promptly of a change, then any Notices we send to your old address shall be deemed sufficient notice. Please note that any number of issues may interfere with your receipt of such Notices from us, including some types of email systems that may use filtering or blocking techniques that are intended to block email. We are not responsible for the actual delivery or your actual receipt of any Notices. If you fail to update your information or if all or part of your information is inaccurate or incomplete, we may not be able to communicate with you and we are not responsible for any missed Notices.
- Fees, Billing, and Payments
The fees for a Service, accepted methods of payment (such as credit or debit card or other form of payment that we may accept from time to time) and accepted frequencies of billing (such as one-time, periodic or annual) will be specified at the time of purchase. By purchasing a Service, you agree to pay the fees specified at the time of purchase, using the method of payment chosen, and charged at the frequency provided.
Annual Subscription Fees
Annual subscription fees are calculated as of July 1st of each year. The fees for any annual subscriptions purchased after July 1 will be prorated based on the remaining months of the Annual Subscription Term, as defined further below.
All fees, unless otherwise specified, are in Canadian dollars and exclude any and all applicable taxes.
The annual subscription billing date is July 1 of each year (the “Subscription Billing Date”). This is the date when the Service’s annual subscription fees are due and payable.
If, in any year, you purchase an annual subscription after July 1st, the billing date for your initial subscription will be the date of purchase. On subscription renewal, and for each Renewal Term, as defined further below, the billing date will be adjusted to the July 1st Subscription Billing Date.
We may, in our sole discretion, change the subscription fees and charges, or add new fees or charges, for any Service.
You will receive an invoice, at least 60 days prior to the Subscription Billing Date, and this will provide notice of any changes to the annual subscription fees, if any, and an opportunity to cancel your subscription to the Service.
As a general matter, ALL FEES AND CHARGES ARE NON-REFUNDABLE. We reserve the right to issue refunds or credits at our sole discretion. If we do issue a refund or credit, we are under no obligation to issue the same or similar refund in the future.
- Term, Renewals, and Cancellation
These Terms and Conditions shall remain in full force and effect while you use a Service.
Annual Subscription Term
If you purchase an annual subscription, your subscription term is from July 1 to June 30th of each year (the “Annual Subscription Term”).
Renewals and Cancellations
You will be automatically invoiced for the subsequent Annual Subscription Term, for successive one-year renewal periods (each, a “Renewal Term”), until you cancel your subscription for the Service. If you have received an invoice for a Service and do not want to renew your subscription, you must contact the Member Care Centre at [email protected] or by phone at 1-800-387-6197 (ext. 250) to have your invoice adjusted.
Non-payment of the annual subscription fees for any Renewal Term will result in your subscription to the Service being terminated as of the Subscription Billing Date.
All fees, including the initial annual subscription fees and any fees paid, as applicable, in respect of a Renewal Term, are non-refundable. If you initiate a chargeback or otherwise reverse a payment made with your credit or debit card, we may, in our sole discretion, terminate your subscription immediately. If we successfully dispute the reversal, and the reversed funds are returned to us, you are not entitled to a refund or to have the Service reinstated.
You may request a termination or cancellation of your subscription for a Service at any time by contacting us at [email protected] or phoning 1-800-387-6197 (extension 441) for Self Learning, or at [email protected] or phoning 1-800-387-6197 (extension 585) for CFPCLearn.
Despite any cancellation, you will continue to have a right of access to the Service until the end of your Annual Subscription Term, unless you notify us that you would like to terminate the Service, with the date of termination.
- Third Party Payment Services
- Print Subscriptions
If you have purchased a digital Service and also receive a print version (for example, through a CFPC Self Learning subscription), then your use of the print version shall be subject to these Terms and Conditions except for those provisions which, due to their nature, are applicable solely to the use of a digital product or service.
- Copyright and Trademark Laws
The Services include literary, dramatic and artistic works, including but not limited to computer programs, software, databases, text, information, data, code, sounds, sound effects, sound recordings, audio, performances, video, photographs, pictures, illustrations and graphics (the “Content”). All Content is protected by Canadian and international intellectual property laws and treaties, including copyright and trademark laws, and is owned by the CFPC, licensed to the CFPC, or otherwise provided by a third-party.
All trademarks (including, but not limited to, trade names, logos, word and design marks) that appear in the Services are the trademarks or registered trademarks of the CFPC or of their respective owners and are protected from reproduction, dilution and confusing or misleading uses. The use of any trademark appearing on any of the Services without the express written consent of the trademark owner is strictly prohibited.
- Content Provided by You
By commenting on or engaging in discussions about the Content, or sending electronic mail, messages, content or information (hereinafter referred to as “User Content”) to the CFPC in respect of a Service, you hereby grant us a transferable, worldwide, perpetual, irrevocable, royalty-free, non-exclusive license, including the right to sublicense to others, to use, reproduce, distribute, publish, modify, edit, translate, transmit, adapt, display, incorporate into other works or otherwise use the information and/or materials provided by you (in whole or in part) and/or incorporate such information and/or materials in any form, media or technology now known or developed in the future, with no compensation of any kind. You waive in favour of the CPFC all moral rights in the User Content and agree that we may modify or alter your User Content without seeking further permission from you.
By submitting User Content through a Service or sending User Content to the CFPC, you represent and warrant that you have the full right and authority to do so and that any use by us of the User Content will not violate the intellectual property rights of any person. You further understand that if you submit certain User Content (e.g. if you leave a comment within the ‘Leave a Comment’ section associated with individual content of CFPCLearn), that it will be attributed to you under the name specified in Your Account and will be visible to other users of the Service.
- Limitations on Use
Only one individual may access a Service at the same time using the same username or password, unless we agree otherwise.
You may distribute Content in non-electronic form, provided you include all copyright and other proprietary rights notices in the same form in which the notices appear in the Service, original source attribution, and the phrase “Used with permission from the College of Family Physicians of Canada.” You may also use our “Download” service to store Content for your personal use.
- Licence to Use the Services and Content
No rights or licences are granted to you, except the non-exclusive, limited, and non-transferable right to use, access and view the Content and Services for your personal, private and non-commercial use, in accordance with these Terms and Conditions. All rights are otherwise reserved.
Unless done in accordance with these Terms and Conditions, you may not use, modify, sell, resell, make derivative works, create a database, aggregate, deep link, publish, republish, distribute, retransmit, transfer, communicate, broadcast or otherwise make the Services or Content available, including without limitation, by caching, scraping, harvesting, framing or similar means, without the prior written consent of the CFPC and its licensors, as applicable.
- Additional Restrictions on Use of Content and Services
You may not access parts of the Services to which you are not authorized, or attempt to circumvent any restrictions imposed on your use or access of the Services.
You may not create applications, extensions, or other products and services that use the Content without our permission. You may not aggregate or otherwise use the Content in a manner that could reasonably serve as a substitute for a subscription to a Service.
Any unauthorized or prohibited use of any Content may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, local laws, or applicable foreign laws, rules, regulations and treaties. We require users to respect our copyrights, trademarks, and other intellectual property rights and shall enforce same.
You agree not to use the Services for any unlawful purpose. We reserve the right to terminate or restrict your access to a Service if, in our opinion, your use of the Service may violate any laws, regulations or rulings, infringe upon another person's rights or violate the terms of these Terms and Conditions.
- Third Party Websites, Services and Software
The Services and Content may contain third-party content, such as links to third-party websites, licensed third-party content, user generated content, applications and advertisements (collectively, “Third-Party Services”). Third-Party Services are not under our control, and your use or reliance on Third-Party Services is solely at your own risk.
Any Third-Party Services that may be included in the Services does not constitute an endorsement by, nor does it incur any obligation, responsibility or liability on our part or on the part of any CFPC Parties (as defined below). We do not verify, endorse, or have any responsibility for Third-Party Services and any third-party business practices (including, without limitation, their privacy policies), whether the Services' or our logo and/or sponsorship identification is on the Third-Party Services as part of a co-branding or promotional arrangement or otherwise.
The Content (including any facts, views, opinions, recommendations, description of or references to products or services) is provided to you for general information, or for educational purposes only. The Content is not necessarily reflective of the views or policies of the CFPC.
While our goal is to provide complete and accurate information, information changes rapidly and some Content may become out of date.
You should use your own judgment in making use of any Content and are responsible for your own research, interpretations, and decisions. The CFPC is not a medical regulatory authority (an “MRA”) and cannot guarantee that the Content will be accepted for credit by the MRA in your jurisdiction.
You agree that the CFPC Parties (as defined below) are not liable to you, either directly or indirectly, for your reliance on or use of the Content, or any other professional advice or information provided in the Content or Services. You agree that all risk associated with your use of or reliance on the Content is with you.
You expressly agree, to the maximum extent permitted by applicable law, that your access to, and use of, the Services and the Content is on an "as-is", "as available" basis and that your use of and reliance on the Services will be at your own risk.
We make no warranty that the Services and Content will be uninterrupted, available, timely, secure, error-free, accurate, reliable, complete, free from infection or viruses or destructive code, free from omissions and delays or that the Services and Content will meet your requirements or expectations.
Without limiting the generality of the foregoing, you expressly understand and agree that, to the maximum extent permitted by law, we do not make and hereby expressly disclaim all representations, warranties, terms, conditions, and endorsements of any kind, whether express or implied, as to any matter hereunder, including, without limitation, warranties of title, non-infringement, accuracy, completeness, suitability, reliability, freedom from infection or viruses, merchantability, fitness for a particular purpose, and any warranties arising by statute or otherwise in law.
The Services and Content may at any time be temporarily unavailable, inaccessible or inoperable for any reason from time to time, including periodic maintenance, repairs and disruptions. While we will make every reasonable effort to minimize such downtimes, we cannot guarantee 100% availability of the Services. If you are dissatisfied with the Services for any reason, your sole remedy is to cancel your subscription and discontinue using the Service.
- Limitations on Liability
THE CFPC AND ITS DIRECTORS, OFFICERS, EMPLOYEES, ADVERTISERS, SUPPLIERS, CONTENT PROVIDERS AND LICENSORS (THE “CFPC PARTIES") WILL NOT BE LIABLE (JOINTLY OR SEVERALLY) TO YOU OR ANY OTHER PERSON FOR ANY CLAIM, LOSS OR DAMAGE WHATSOEVER, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, CONSEQUENTIAL, SPECIAL, INCIDENTAL, PUNITIVE, OR EXEMPLARY DAMAGES, OR ANY DAMAGES FOR LOSS OF PROFITS, LOSS OF REVENUES, LOSS OF USE, LOSS OF REPUTATION, LOSS OF OPPORTUNITIES, OR OTHER INTANGIBLE LOSSES, ARISING FROM, OR IN ANY WAY CONNECTED WITH THE SERVICES OR CONTENT, INCLUDING THE PERFORMANCE, USE OF, ACCCESS TO, OR THE INABILITY TO USE AND ACCESS THE SAME, REGARDLESS OF WHETHER THE CFPC PARTIES HAD BEEN ADVISED OF OR COULD HAVE FORESEEN THE POSSIBILITY OF SUCH CLAIM, LOSS OR DAMAGE.
THE LIMITATIONS OF LIABILITY AND DISCLAIMERS HEREIN WILL APPLY REGARDLESS OF THE FORM OF ACTION, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, CIVIL LIABILITY, BREACH OF WARRANTY, OR OTHERWISE.
You agree that your use of the Content or Services shall not be made the basis for any claim, suit, demand or cause of action or other proceeding against the CFPC Parties. You agree, at your own expense, to indemnify and hold harmless the CFPC Parties from and against any and all claims, actions, losses or demands, including without limitation reasonable legal fees, resulting from or related to: (a) your breach of these Terms and Conditions; (b) your access and use of the Services and Content; (c) your use or reliance on the Services and Content; (d) your publication, communication, distribution or transmission otherwise of the Services or Content; or (e) your violation of any law or regulation.
The CFPC reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you.
- Termination by the CFPC
The CFPC provides the Services at its sole discretion. We may, at any time, revise, withdraw, discontinue, amend, suspend any or all of the Services, with or without notice to you as provided in these Terms and Conditions. Under no circumstances will we be held responsible or liable for removing, disabling or restricting access to the availability of the Services.
Moreover, we reserve the right to terminate or otherwise suspend your account and/or subscription to any Service at any time for any reason whatsoever, including but not limited to for convenience, non-payment of subscription fees, or for any other breach of these Terms and Conditions, or other guidelines, without notice to you.
You acknowledge that upon the termination or suspension of your subscription account you will no longer have access to any files or data associated with your account and that the CFPC has no obligation to retain any such data post-termination.
The CFPC is located in Canada. If you are accessing the Services outside Canada, you are responsible for using the Services in accordance with the laws of your jurisdiction.
The terms contained within these Terms and Conditions will be interpreted in accordance with the laws of the Province of Ontario, Canada, without reference to its conflict of laws principles.
You agree that in the event of a dispute arising out of these Terms and Conditions, the laws of the Province of Ontario will apply. Any cause of action that you may have must be commenced within one (1) year after the claim or cause of action arises, except where prohibited by applicable law.
- Dispute Resolution
Any dispute, controversy, disagreement or claim that arises out of, relates to, or is in connection with these Terms and Conditions or the provision of any Service (a “Dispute”) should be given to us, in writing (the “Notice of Dispute”), by emailing Self Learning at [email protected] or CFPCLearn at [email protected], as applicable. The Notice of Dispute must set out the nature and full particulars of the Dispute, together with relevant supporting documentation. On receipt of the Notice of Dispute, we will attempt in good faith to resolve the Dispute to our mutual satisfaction within sixty (60) days, failing which the parties may agree to initiate mediation or arbitration or either party may issue court proceedings, any of which shall be done in accordance with section 17 of these Terms and Conditions.
In the event that mediation or arbitration are initiated, any proceedings shall take place in the province of Ontario, in English. Each claim shall be mediated or arbitrated, as applicable, on a confidential basis, before a single mediator or arbitrator, who will be a person legally trained, has experience in information technology, and is independent of both parties.
Any failure by us to insist upon or enforce the strict performance of any right or provision under these Terms and Conditions will not constitute or be construed as a waiver of any right or provision.
If any of the provisions (or parts thereof) contained in these Terms and Conditions are determined to be void, invalid or otherwise unenforceable by a court of competent jurisdiction, such determination will not affect the remaining provisions (or parts thereof) contained herein.
The English version of these Terms and Conditions is the official version, should there be any discrepancy between English and French versions.
- Contact Us
For Customer Care and Disputes:
Self Learning - [email protected] or 1-800-387-6197 (ext 441)
CFPCLearn - [email protected] or 1-800-387-6197 (ext 585)
For Invoicing Inquiries:
CFPC Member Care Centre – [email protected] or 1-800-387-6197 (ext 250)