Terms and Conditions

Canada’s Ocean Supercluster encourages you to read these terms and conditions of use, together with the additional terms and conditions incorporated by reference (collectively, “Terms of Use”), as they create an agreement between you and Canada’s Ocean Supercluster and govern your access to and use of Canada’s Ocean Supercluster’s website and member portal, including any functionality, services, and content offered on or through our website and member portal (collectively, “Website”).

In these Terms of Use, “we”, “us” and “our” refers to Canada’s Ocean Supercluster.

Acceptance and Additional Terms

By using our Website or by clicking to accept these Terms of Use, you are agreeing to these terms and conditions together with our Privacy Policy, which can be accessed here: https://oceansupercluster.ca/privacy-policy

Do not access or use our Website if you do not agree to these Terms of Use or are under the age of majority in your place of residence or otherwise do not have capacity to agree to these Terms of Use.

Member Portal

Our member portal is a user-restricted area made available only to members of Canada’s Ocean Supercluster. If you have received login credentials from us and create an account, you must ensure that your registration information is correct, complete, and current. You are solely responsible for activity that occurs on your account and for maintaining the confidentiality of your username and password. You must immediately notify us in writing of any authorized use of your account or any other account-related security breach of which you are aware.

In our sole and absolute discretion, we may disable or terminate your use of or access to our member portal or any portion, aspect, feature, or functionality of our member portal, or delete submissions or communications you have made, for any reason or no reason, at any time, with or without notice to you. Without limiting the generality of the preceding sentence, in our sole and absolute discretion, we may disable access to the member portal or terminate the registration of any user who violates these Terms of Use.

For information about becoming a member of Canada’s Ocean Supercluster or to request login credentials or help with the member portal, please send an email to membership@oceansupercluster.ca.

Acceptable Use

As a condition of your access and use of our Website, you must not:

  1. Use our Website for unlawful purposes or in a manner prohibited by these Terms of Use;
  2. Knowingly send or receive, download, upload, or use any data that is not compliant with these Terms of Use;
  3. Send junk mail, spam, or any form of duplicative messages, whether commercial or non-commercial in nature;
  4. Tamper with or breach, or attempt to tamper with or breach, the security or integrity of our Website or circumvent any measures we may implement to prevent or limit any such tampering or breaching;
  5. Gain or attempt to gain unauthorized access to data or content not intended for you or to user-restricted areas of our Website;
  6. Interfere with, change, restrict, burden, disrupt, or disable our Website or any of our systems, servers, hosts, networks, databases, software, hardware, or equipment used by or for our Website;
  7. In any way reduce or encourage conduct that could reduce anyone’s use or enjoyment of our Website, or which, as determined by us, may harm us or users of our Website or expose anyone to liability; or
  8. Introduce malicious, harmful, or disruptive code, virus, trojan horse, worm, logic bomb or other similar material, or implement denial-of-service attacks or other attacks, or otherwise interfere or attempt to interfere with the proper working of the Website.

In addition, you are solely responsible for ensuring you have all necessary rights, licences, consents, and authority for any content, material, and information you submit, post, publish, display, transmit, or otherwise communicate to our Website or to other users (collectively, “Submissions”). You also warrant that any Submissions you make will not:

  1. Violate or encourage violation of any applicable international, federal, provincial, or local laws, statutes, regulations, or ordinances, or contain any material that could attract civil or criminal liability under any such applicable laws, or that otherwise may conflict with these Terms of Use;
  2. Infringe or misappropriate any third party’s copyright, trademark, trade secret, patent, or any other intellectual property right, or legal rights like moral rights or rights of privacy;
  3. Imply endorsement by or origination from Canada’s Ocean Supercluster or any other person or entity, if this is not the case;
  4. Breach any obligation created by contract to which you are a party, including confidentiality obligations;
  5. Breach the terms of use of any third-party website linked from our Website; or
  6. Include abusive, defamatory, discriminatory, exploitive, harassing, harmful, hateful, inflammatory, obscene, offensive, threatening, or otherwise objectionable content or material.

We may, but are not obliged to, monitor or review Submissions made to our member portal, but we are not responsible for ensuring any Submission complies with these Terms of Use, nor do we review Submissions prior to such Submissions being viewable on the member portal. You are solely responsible for ensuring your Submissions comply with these Terms of Use before submitting.

Privacy

Our complete Privacy Policy can be accessed here: https://oceansupercluster.ca/privacy-policy/

Our Website does not automatically collect personal information (such as your name or email address) from you. We only collect your personal information if you provide it voluntarily to us by sending us mail, an email, using our contact submission form, or setting up an account to access our member portal.

Our Website does automatically collect certain information about your device, including information about your web browser, IP address, time zone, and some of the cookies that are installed on your device. Additionally, as you browse our Website, we collect information about the individual web pages or content that you view, what Websites or search terms referred you to our Website, and information about how you interact with our Website. We refer to this automatically collected information as “Device Information”.

We collect Device Information using the following technologies:

  • Cookies, which are data files that are placed on your device or computer and often include an anonymous unique identifier. For more information about cookies, and how to disable cookies, visit http://www.allaboutcookies.org or the settings in your browser;
  • Log files, which track actions occurring on the Website, and collect data including your IP address, browser type, internet service provider, general geographic location, referring and exit pages, and date and time stamps; and
  • Web beacons, tags, and pixels, which are electronic files used to record information about how you browse our Website.

Links to Third Party Websites

We maintain a strong presence on a variety of social media platforms. We often provide links or pointers to our social media accounts and to those of our members, as well as to websites we think may be of interest to visitors to our Website. Any links or pointers on our Website to social media accounts or other third-party websites are provided for convenience only and do not constitute an endorsement, recommendation, or approval of these other websites by us.

If you choose to access our social media accounts or any third-party website, you do so at your own risk and you should read the terms of service and privacy policies of those social media platforms and third-party websites. We accept no responsibility for the contents of any social media accounts, third-party websites, or any other linked content.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including all information, software, code, text, displays, graphics, photographs, videos, audio, design, presentation, selection, and arrangement are owned by us, our licensors, or other providers of such material and are protected in all forms by intellectual property laws, such as copyright, trademark, patent, trade secret, or any other proprietary rights.

Company names, logos, designs, images, and slogans appearing on our Website may be trademarks of the respective company or its affiliates or licensors. You must not use such marks without the prior written permission of the owner. Any use of such marks, except as expressly authorized in writing by the owner, constitutes an infringement or violation of the rights of the owner, may be a violation of federal or other laws, and could subject the infringer to legal action.

Disclaimer

We make our Website available on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied, including implied warranties of merchantability, fitness for a particular purpose, or non-infringement. You acknowledge that your use of our Website is at your sole risk. We do not represent, warrant, covenant, or endorse that our Website is complete, accurate, correct, secure, reliable, available, suitable, or current, or that any content, files, or data available through our Website or otherwise will be free of viruses or other destructive code.

Any statements, opinions, or other content made or provided by any third party (“third-party content”) is the responsibility of such third party. Such third-party content does not necessarily reflect our opinion, and we have no responsibility or liability whatsoever to you or any third party for the content or accuracy of third-party content.

Limitation of Liability

Under no circumstance will Canada’s Ocean Supercluster or its directors, employees, independent contractors, agents, or members (“OSC Group”) be liable for any loss or damage whatsoever (including direct, indirect, special, incidental, consequential, exemplary, punitive, or other damages), whether based in contract, tort, negligence, or any other legal theory, arising out of or in connection with your use, or inability to use, or reliance on the Website, any linked website or social media platform or account, or for any content, materials, postings, or information thereon, or for any bugs, viruses, trojan horses or similar (regardless of the origin), or for any errors or omissions in any content, even if Canada’s Ocean Supercluster has been specifically advised of the possibility of such damage or loss, or if such damage or loss was foreseeable.

If you are in any way dissatisfied with our Website, your only remedy is to discontinue using our Website.

Indemnity

You agree to indemnify the OSC Group from and against any losses, damages, claims, demands, costs, fees, and expenses whatsoever arising out of or in connection with your use of our Website (including any submissions or communications you make), any linked third-party websites or content, any use of our Website that is inconsistent with these Terms of Use, your conduct in connection with our Website or other users of the member portal, any breach of these Terms of Use or of any law or rights of any third party, including any infringement or misappropriation by you (or any third party using your account) of any intellectual property right or other right of any person or entity, or any breach by you (or any third party using your account) of confidentiality or privacy obligations owed to any person or entity.

Additional Terms

We may modify these Terms of Use at any time without notice to you by updating this posting, in which case the modified Terms of Use will become effective immediately upon posting and will supersede prior versions. Your continued use of our Website will constitute your acceptance of such modified terms.

We operate and maintain our Website from Canada. We make no representation that our Website is appropriate or available for use outside of Canada. If you access our Website from a jurisdiction other than Canada, you do so at your own risk and are responsible for complying with all local laws of your jurisdiction.

If any provision of these terms is found to be unlawful, void, or unenforceable, such provision will be either be limited or removed to the minimum extent necessary and will not affect the validity and enforceability of any remaining provisions.

Any delay by us in taking action if you breach these Terms of Use does not constitute a waiver of any rights or remedies we may have, nor limit us from taking action or exercising any rights or remedies in future.

These Terms of Use shall be governed by and construed in accordance with the laws of Newfoundland and Labrador and the applicable federal laws of Canada, notwithstanding your domicile, residence, or physical location. You irrevocably submit to the exclusive jurisdiction of the courts in the province of Newfoundland and Labrador and you expressly waive any objection to the exercise of jurisdiction by and the venue of such courts. Nothing in these Terms of Use precludes Canada’s Ocean Supercluster from applying for injunctive or other urgent legal relief in any jurisdiction.

Contact

Please contact us by email at contact@oceansupercluster.ca or by mail at the address below if you have any questions, comments, or concerns:

Canada’s Ocean Supercluster
PO Box 338
St. John’s, NL
A1C 5J9
Canada