TERMS, CONDITIONS AND POLICIES
1. INTRODUCTION: Welcome to the KATE Application. Please read these Terms and Conditions carefully before using the KATE mobile application operated by PECB.
Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. These Terms apply to all visitors, users and others who access or use the Service.
By downloading or otherwise accessing the App you agree to be bound by the following terms and conditions (“Terms“) and our privacy policy and our cookies policy. If you have any queries about the App or these Terms, you can contact Us by any of the means set out in paragraph 11 of these Terms. If you do not agree with these Terms, you should stop using the App immediately.
2. GENERAL RULES RELATING TO CONDUCT: The KATE App is made available for your own, personal use. The App must not be used for any commercial purpose whatsoever or for any illegal or unauthorized purpose. When you use the App you must comply with all applicable laws and with any applicable international laws, including the local laws in your country of residence.
You agree that when using the App you will comply with all Applicable Laws and these Terms. In particular, but without limitation, you agree not to:
(a) Use the App in any unlawful manner or in a manner which promotes or encourages illegal activity including (without limitation) copyright infringement; or
(b) Attempt to gain unauthorized access to the App or any networks, servers or computer systems connected to the App; or
(c) Modify, adapt, translate or reverse engineer any part of the App or re-format or frame any portion of the pages comprising the App, save to the extent expressly permitted by these Terms or by law.
You agree to indemnify PECB and its group companies in full and on demand from and against any loss, damage, costs or expenses which they suffer or incur directly or indirectly as a result of your use of the App otherwise than in accordance with these Terms or Applicable Laws.
3. CONTENT: The copyright in all material contained on, in, or available through the App including all information, data, text, music, sound, photographs, graphics and video messages, the selection and arrangement thereof, and all source code, software compilations and other material is owned by or licensed to PECB or its group companies. All rights are reserved. You can view, print or download extracts of the Material for your own personal use but you cannot otherwise copy, edit, vary, reproduce, publish, display, distribute, store, transmit, commercially exploit, disseminate in any form whatsoever or use the Material without PECB’s express permission.
PECB's trademarks may be used only with written permission from PECB. Except as expressly specified in these terms and legal restrictions, nothing contained herein shall be construed as conferring by implication, estoppel or otherwise any license or right under any patent, trademark, copyright or any proprietary rights of PECB or any third party.
4. FEEDBACK: All comments, feedback, information or materials submitted to PECB through or in association with this Application shall be considered non-confidential and PECB's property. By submitting such comments, information, feedback, or materials to PECB, you agree to a no-charge assignment to PECB of worldwide rights to use, copy, modify, display and distribute the submissions. PECB may use such comments, information or materials in any way it chooses in an unrestricted basis.
5. DISCLAIMER: The PECB marketing team strives to provide you with useful, accurate, and timely information on this Application. Accordingly, PECB has attempted to provide accurate information and materials on this Application but assumes no responsibility for the accuracy and completeness of that information or materials. PECB may change the content of any information or materials available at KATE Application, or to the products described in them, at any time without notice. However, PECB makes no commitment to update the information or materials on this Application which, as a result, may be out of date.
Information and opinions expressed in bulletin boards or other forums are not necessarily those of PECB. Neither PECB, nor its officers, directors, employees, agents, training partners, trainers or affiliates are responsible or liable for any loss damage (including, but not limited to, actual, consequential, or punitive), liability, claim, or other injury or cause related to or resulting from any information posted on KATE Application. PECB reserves the right to revise these terms and/or legal restrictions at any time. You are responsible for reviewing this page from time to time to ensure compliance with the then-current terms and legal restrictions because they will be binding on you. Certain provisions of these terms and legal restrictions may be superseded by expressly designated legal notices or terms located on particular pages of this Application.
ALL INFORMATION AND MATERIALS AVAILABLE AT THIS APPLICATION ARE PROVIDED "AS IS" WITHOUT ANY WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, AND PECB DISCLAIMS ALL WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT OF INTELLECTUAL PROPERTY OR ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE. IN NO EVENT SHALL PECB BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING, WITHOUT LIMITATION, INDIRECT, SPECIAL, CONSEQUENTIAL OR INCIDENTAL DAMAGES OR THOSE RESULTING FROM LOST PROFITS, LOST DATA OR BUSINESS INTERRUPTION) ARISING OUT OF THE USE, INABILITY TO USE, OR THE RESULTS OF USE OF THIS APPLICATION, ANY APPLICATION LINKED TO THIS APPLICATION, OR THE MATERIALS OR INFORMATION CONTAINED AT ANY OR ALL SUCH APPLICATIONS, WHETHER BASED ON WARRANTY, CONTRACT, TORT OR ANY OTHER LEGAL THEORY AND WHETHER OR NOT ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOUR USE OF THE MATERIALS OR INFORMATION ON THIS APPLICATION RESULTS IN THE NEED FOR SERVICING, REPAIR OR CORRECTION OF EQUIPMENT OR DATA, YOU ASSUME ALL COSTS THEREOF.
6. SERVICE SUSPENSION: PECB reserves the right to suspend or cease providing any services relating to the apps published by it, with or without notice, and shall have no liability or responsibility to you in any manner whatsoever if it chooses to do so.
7. DATA PROTECTION AND PRIVACY We respect each apps user’s right to personal privacy. To that end, we collect and use information throughout our application only as disclosed in this Privacy statement.
We are serious about protecting your personal data, and want you to feel secure and at ease while you are using our app.
We only record and process your personal data if we need it to deal with your enquiries (training, exam and/or certification application). This is the case, for example, if you wish to place an order online. All the personal data provided by you will be handled in accordance with the applicable provisions of data protection law. It will only be passed on to third parties if this is necessary for your enquiries to be processed. We will not pass your personal data on to any state organization or institution, except where this is mandatory under legal provisions currently in force.
Any details that you enter in one of our online forms will be stored electronically by us. If you would like the data about you that we have stored to be modified, corrected or deleted, please inform us by e-mail.
The content of this application is intellectual property protected by law. The information and content provided may not be used without our permission, except for private or other own use within the meaning of the Data Protection Act. The press releases and articles from our press service presented on the application are available to the editors of newspapers or periodicals for publication. If they are published, we would request the publisher to send us a proof copy.
We reserve the right to make changes to this Privacy statement at any time without notice. If you disagree with any part of this Privacy statement, please do not use KATE application.
8. CHANGING/ UPDATING PERSONAL DATA: Should you give us permission to send you information regarding updates, including newsletters about product upgrades, updates, new products/services and discounts, then it is your responsibility to advise us of any changes to your contact details. If you are unable to make such changes via our application you may contact our support team, who will make changes to your account at your behest. You may cancel email notifications at any time by contacting our marketing team at support@pecb.com.
9. SECURITY: We take precautions to protect your information. When you submit information via the KATE application, your information is protected both online and offline. Only employees who need the information to perform a specific job (for example, billing or customer service) are granted access to personally identifiable information. The computers/servers in which we store personally identifiable information are kept in a secure environment.
No data transmission over the Internet can be guaranteed to be completely confidential. Therefore, we cannot guarantee that any information you send us will not be lost, used unlawfully or modified in a fraudulent manner and we bear no liability for the use that may be made of the information provided by you or any third party
10. TERMINATION OF USE: PECB may, in its sole discretion, terminate or suspend your access to all or part of the KATE application, including, but not limited to any bulletin boards on its application, for any reason, including without limitation, breach of this agreement. In the event this agreement is terminated, the restrictions regarding materials appearing on the application and the representations and warranties, indemnities, and limitation of liabilities set forth in this agreement shall survive any such termination.
11. GOVERNING LAW; JURISDICTION AND VENUE: This Agreement shall be governed by and construed in accordance with the laws of the province of Quebec and the laws of Canada applicable therein. The Quebec courts shall have exclusive jurisdiction and venue over any dispute arising out of or relating to this Agreement, and each party hereby consents to the jurisdiction and venue of such courts.
12. GENERAL PROVISIONS: If any provision of this agreement is deemed void, unlawful or otherwise unenforceable for any reason, that provision shall be severed from this agreement and the remaining provisions of this agreement shall remain in force. This contains the entire agreement between you and PECB concerning your use of the application, and the agreement shall not be modified, except in writing, signed by both parties. If you have questions regarding KATE’s Terms, conditions and policies, please email: admin@pecb.com.
13. SOCIAL MEDIA PLATFORMS: You may wish to participate in various blogs, forums, wikis and other social media platforms hosted by PECB ("Social Media Platforms") which we make available to you. The main aim of these Social Media Platforms is to facilitate and allow you to share content. However, PECB cannot be held responsible if you share personal information on Social Media Platforms that is subsequently used, misused or otherwise appropriated by another user.
PECB may also provide links to other social media platforms maintained on separate servers by individuals or organizations over which PECB has no control. PECB makes no representations or warranties regarding the accuracy or any other aspect of the information located on such servers. PECB makes no representations or warranties regarding how user data is stored or used on third-party servers.
14. CHILDREN: This privacy statement is not intended for use by children. We understand the importance of protecting children’s information, especially in an online environment, and we do not knowingly collect or maintain information about children.
15. CHANGES TO THE TERMS, CONDITIONS AND POLICIES: We reserve the right to make changes to the terms, conditions and policies at any time without notice. If you disagree with any part of this them, please do not use our application.