AccessManitoba -Terms of Use

Access Manitoba TERMS OF USE

REVISED AS OF October 18, 2013.

The Government of Manitoba (“Manitoba"), through the Department of Jobs and the Economy has established and maintains a computer application known as ACCESS MANITOBA. The purpose of ACCESS MANITOBA is to provide a single, collaborative and co-ordinated business and employment service for individuals and companies.

In these Terms of Use, “we”, “us” or “our” refers to Manitoba and “you” refers to any person or entity using ACCESS MANITOBA.

BY USING THE ACCESS MANITOBA WEBSITE YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE AND ALL APPLICABLE LAWS. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, THEN DO NOT USE THE ACCESS MANITOBA WEBSITE.

Accurate Information

Users of ACCESS MANITOBA have an obligation to provide accurate and complete information. Users may be subject to penalties or fines for providing false or inaccurate information.

Conditions of Use

You must not attempt to use ACCESS MANITOBA for any improper or illegal purposes, or in any unlawful manner, including:

You must prevent the unauthorized access to and from your computer terminal(s) and other equipment and software, including your User ID and Password; and
You must not transmit, publish, or attempt to do so, in whole or in part, any information where such activity, in whole or in part, constitutes a criminal offence or would otherwise be unlawful in Canada.

Protection of ACCESS MANITOBA

You must maintain your User ID and Password in the strictest of confidence.

You must not:

Permit any other person or entity to use your individual User ID;
Use any other person’s or entity’s User ID;
Disclose your Password or share your Password in any manner which would allow unauthorized individuals or organizations to access your profile;
Attempt to access any other person’s or entity’s data or profile maintained in the ACCESS MANITOBA system;
Use ACCESS MANITOBA for activities other than those for which permission was granted;
Develop or use programs or create situations which adversely impact computer services to other users of ACCESS MANITOBA; or
Take any action that might be reasonably construed as injurious or detrimental to the interests of any other ACCESS MANITOBA users.

You must adhere to all policies, standards and procedures pertaining to data security, naming conventions, and secure data processing practices published or referenced by Manitoba from time to time.

You must advise Manitoba, without delay, of any circumstances, incidents or events which may impact or are related to the privacy, availability or security of ACCESS MANITOBA and any associated computer applications, including without limitation, the violation or non-observance of any conditions of these Terms of Use.

No Representations or Warranties

Manitoba makes no warranties, representations, promises, conditions or undertakings, whether express or implied, regarding ACCESS MANITOBA and in particular:

Regarding the usefulness, quality, accuracy, completeness or timeliness of the information made available in ACCESS MANITOBA. All such information is provided “AS IS” and on an “AS AVAILABLE” basis, without any warranty or condition of any kind. Manitoba may make changes to the content at any time, in its sole discretion, without notice.
That ACCESS MANITOBA will function without failure or interruption. You agree that your access to ACCESS MANITOBA may be disrupted due to scheduled system maintenance or due to circumstances beyond the control of Manitoba. In no event will Manitoba be held responsible for any disruption in your use of ACCESS MANITOBA.

Limitation of Liability

Use of ACCESS MANITOBA and the information contained therein is provided solely at your risk and in no event is Manitoba, or any of its officers, employees and agents, liable for any damages of any kind resulting from such use.

You must not make any claim or demand, or bring any action against Manitoba, or any of its officers, employees or agents, arising directly or indirectly, out of, or in connection with, your use of ACCESS MANITOBA.

YOU AGREE THAT MANITOBA, ITS OFFICERS, EMPLOYEES AND AGENTS WILL NOT, UNDER ANY CIRCUMSTANCES, BE LIABLE TO YOU FOR ANY DAMAGES, INCLUDING DIRECT, INDIRECT, SPECIAL OR CONSEQUENTIAL DAMAGES, EVEN IF MANITOBA HAS BEEN ADVISED OF OR COULD HAVE FORESEEN SUCH DAMAGES, ARISING OUT OF USE OR RELIANCE UPON ACCESS MANITOBA OR THE INFORMATION IT CONTAINS. FOR GREATER CERTAINTY, IN NO EVENT WILL MANITOBA, ITS OFFICERS, EMPLOYEES AND AGENTS BE RESPONSIBLE FOR ANY LOSS OF PROFITS, LOSS OF BUSINESS REVENUE, FAILURE TO REALIZE EXPECTED SAVINGS OR ANY CLAIMS MADE AGAINST MANITOBA BY A THIRD PARTY.

You agree to indemnify Manitoba, its officers, employees and agents, against all losses, damages, costs, expenses and liabilities suffered or sustained by Manitoba or any third party, resulting from your use of ACCESS MANITOBA. This obligation to indemnify survives the expiration or termination of these Terms of Use.

Ownership and Copyright

ACCESS MANITOBA and all data maintained therein, including without limitation your User ID, Password and any information contained in your user profile, is and must remain the sole and exclusive property of Manitoba. You do not, by virtue of these Terms of Use, acquire any proprietary interest in ACCESS MANITOBA or your profile. Any violation of these restrictions is an infringement of Manitoba’s copyright and proprietary rights in ACCESS MANITOBA and any component thereof.

Manitoba has the right from time to time and upon reasonable notice, using either internal or external auditors, to inspect and audit your records and use of ACCESS MANITOBA to ensure compliance with these Terms of Use. In order to monitor security, Manitoba may audit access to and use of ACCESS MANITOBA, without notice to users.

ACCESS MANITOBA and the information contained therein are owned by Manitoba and are protected by copyright law. It may not be reproduced or redistributed without the prior written permission of Manitoba.

Logging of Site Visitors

Like most web servers, the ACCESS MANITOBA server collects some information about visitors to the website, such as the domain name of visitors. Depending upon the setup of your Internet Service Provider (“ISP”), this information may identify who you are. You may wish to contact your ISP for more information in this regard. Manitoba may analyze this log data for trends, security and statistics, and then aggregate same.

If you have any questions about the information gathered automatically by our website, please contact the Manitoba webmaster at webmaster@gov.mb.ca.

If you have any general questions regarding Manitoba’s The Freedom of Information and Protection of Privacy Act, please visit the FIPPA website at https://www.gov.mb.ca/chc/fippa/.

Hyperlinks are Not Endorsements

Links to other websites or references to websites, products, services or publications other than those of Manitoba at this website do not imply the endorsement or approval by Manitoba or such websites, products, services or publications. Manitoba is not responsible for the content presented on these websites or references to websites, products, services or publications, including advertising claims, endorsements or names. These materials will not be part of ACCESS MANITOBA and Manitoba has no control over their content or availability.

Trade-marks Belonging to Manitoba and Other Entities

Certain names, graphics, logos, icons, designs, words, titles or phrases used on this website may constitute the trade-marks or service marks of Manitoba or third parties. The display of trade-marks on the ACCESS MANITOBA website does not imply that a licence of any kind has been granted. Any unauthorized downloading, re-transmission or other copying or modification of trade-marks or the contents hereof may be a violation of federal or common law, trade-mark or copyright laws and could be subject to legal action.

Amendments to Terms of Use

ACCESS MANITOBA may from time to time require the acceptance of Supplementary Conditions to these Terms of Use. Supplementary Conditions, including those appearing in an online system message, form part of these Terms of Use. In the event of any conflict between any of the Supplementary Conditions and these Terms of Use, the terms of the Supplementary Conditions will apply. Any and all Supplementary Conditions will automatically take effect after they are posted on the ACCESS MANITOBA website. You should periodically review the ACCESS MANITOBA website to ensure that you are made aware of any such Supplementary Conditions.

Termination and Cancellation

Your use of ACCESS MANITOBA may be terminated, cancelled or suspended by Manitoba at anytime and for any reason, including without limitation, for reasons of security or in the event of any non-observance of these Terms of Use.

Governing Law

These Terms of Use shall be governed by the laws of Manitoba and those of Canada applicable herein.