Welcome to the OpusVi website. OpusVi is a leading provider of online training and educational programs (each, a “Course” and collectively, “Courses”) for the healthcare sector. We hope you enjoy your visit and/or use of the website, which may include enrollment in Courses provided or made available by OpusVi.
BY VISITING AND/OR USING THE WEBSITE, YOU AGREE TO BE BOUND BY THESE TERMS OF USE.
1. Introduction
These Terms of Use (together with the OpusVi Privacy Policy and Cookie Policy, the “Agreement”) apply to your use of (1) the OpusVi website at https://opusvi.com and all affiliated websites and other online properties owned and operated by OpusVi (collectively, the “Site”), (2) any OpusVi branded application for your mobile or other devices (collectively, the “OpusVi App”), and (3) the services made available by OpusVi through the Site and the OpusVi App.
In this Agreement, “OpusVi”, “we”, “us” or “our” means OpusVi Inc., OpusVi Ltd., and “you” means any user of or visitor to (a “User”) the Site.
By accessing or using the Site you (1) acknowledge that you have read, understand, and agree to be bound by this Agreement, and (2) represent and warrant that you are of legal age and not prohibited by law from accessing or using the Site or that you have complied with the eligibility requirements set out herein.
You should also read the OpusVi Privacy Policy, which is incorporated by reference into this Agreement and available on the Site. If you do not accept and agree to be bound by all of the terms of this Agreement, including the Privacy Policy, do not access or use the Site.
OpusVi may update or revise this Agreement (including the OpusVi Privacy Policy and the Cookie Policy from time to time. You agree that you will review this Agreement periodically. You are free to decide whether or not to accept a modified version of this Agreement, but accepting this Agreement, as modified, is required for you to continue using the Service. You may have to click “accept” or “agree” to show your acceptance of any modified version of this Agreement. If you do not agree to the terms of this Agreement or any modified version of this Agreement, your sole recourse is to terminate your use of the Site, in which case you will no longer have access to your Student Account (as defined herein). Except as otherwise expressly stated by OpusVi, any use of the Site is subject to the version of this Agreement in effect at the time of use.
These Terms of Use constitute a legally binding agreement between you and OpusVi regarding your use of and access to the Site. These Terms of Use do not alter in any way the terms and conditions of any other agreement you may have with OpusVi unless otherwise agreed to in writing by OpusVi. If you breach any of these Terms of Use, your authorization to use the Site automatically terminates and you must immediately destroy any Contents in your possession and discontinue all use of the Site.
You acknowledge and agree that the form and nature of the Site may change from time to time without prior notice to you. You acknowledge and agree that OpusVi may stop (permanently or temporarily) providing the Site (or any features within the Site) to you or to users generally, at OpusVi’s sole discretion, without prior notice to you. You may stop using the Site at any time. You do not need to inform OpusVi when you stop using the Site or any of its features.
2. Eligibility
By accessing and using the Site, you represent and warrant that you have the right, authority and capacity to enter into this Agreement and to abide by all of the terms and conditions of this Agreement. Using the Site may be prohibited or restricted in certain countries. If you use the Site from outside of Canada or the United States, you are responsible for complying with the laws and regulations of the territory from which you access or use the Site.
In order to enroll in Courses on the Site, you will be required to provide your personal details. In particular, you must provide your real name, phone number, e-mail address and other requested information as indicated. Furthermore, you will be required to provide payment details that you represent and warrant are both valid and correct and you confirm that you are the person referred to in the billing information provided.
Enrolling in Courses via the Site is available only to individuals and others who meet the terms of eligibility, who have been issued a valid credit/debit card by a bank acceptable to OpusVi, and who have authorized OpusVi to process a charge or charges on their credit/debit card in the amount of the total tuition fee for the Courses which they purchase.
3. Registering for the Course
You are required to register with OpusVi in order to enroll in a Course. During registration, you will be asked to provide certain personal information. You shall ensure that such information is accurate and complete and that such information remains current throughout the term of the Course.
One week prior to the Course start date, you will be provided with a student account by OpusVi Support (“Student Account”). You are responsible for maintaining the confidentiality of login information and password for your Student Account that you designate during the registration process, and you are solely responsible for all activities that occur under your Student Account. You agree to immediately notify OpusVi of any disclosure or unauthorized use of the username or password associated with your Student Account or any other breach of security at support@opusvi.com.
4. Use of the Site by You
Your use of the Site is subject to all applicable local, provincial, state and federal laws and regulations. You may not use, allow, or enable others to use the Site, or knowingly condone the use of the Site by others, in any manner that is, attempts to, or is likely to:
- affect us adversely or reflect negatively on us, the Site, our goodwill, name or reputation or cause duress, distress, or discomfort to us or anyone else, or discourage any person, firm, or enterprise from using all or any portion, features, or functions of the Site, or from advertising, linking, or becoming a supplier to us in connection with the Site;
- infringe upon or misappropriate the copyright, patent, trademark, trade secret, publicity rights or other intellectual property or proprietary rights of OpusVi or any third party;
- be obscene, fraudulent, defamatory, libelous, indecent, discourteous, racially or ethnically offensive, harassing, threatening, abusive, pornographic or discriminatory;
- send or result in the transmission of junk e-mail, chain letters, duplicative or unsolicited messages, or so-called “spamming” and “phishing”;
- transmit, distribute, or upload content or programs that contain any viruses or other disabling devices or harmful components intended to damage, detrimentally interfere with, surreptitiously intercept, or expropriate any system, data or personal information;
- modify, disrupt, impair, alter, or interfere with the use, features, functions, operation, or maintenance of the Site or the rights or use and enjoyment of the Site by any other user;
- advocate or encourage any illegal activity;
- violate the privacy of any individual, including users of the Site; or
- violate any applicable local, provincial, state or national laws or regulations.
You agree that you are solely responsible for (and that OpusVi has no responsibility to you or to any third party for) any breach of your obligations under these Terms of Use and for the consequences (including any loss or damage that OpusVi may suffer) of any such breach.
5. Click-Through Agreements
Before you use certain areas of the Site, you may be asked to indicate your acceptance of certain special terms and conditions by clicking on a button marked "Submit," “OK” or “I agree.” Any special terms and conditions to which you agree will supplement and amend these Terms of Use.
6. Technical Requirements
Use of the Site requires Internet access through your computer or mobile device. You are responsible for all mobile carrier charges resulting from your use of the Site, including from any notifications provided by the Site. OpusVi does not guarantee that the Site will be compatible with all devices, browsers or platforms or that it will be supported by all mobile carriers. You may be required to have JavaScript (or similar technologies) enabled to use the Site, and some features and portions of the Site (including, but not limited to, making, modifying, or cancelling reservations) may not be accessible with JavaScript disabled or with certain ad blockers.
7. Ownership of Intellectual Property Rights and Limited Licence
OpusVi Ltd., OpusVi Inc., OpusVi™, the OpusVi Logo, and any other trademarks on the Site are trademarks owned by OpusVi or other OpusVi companies or affiliated companies (collectively, "OpusVi Trademarks"). You may not use the OpusVi Trademarks in connection with any product or service that does not belong to us, or in any manner that is likely to cause confusion among consumers about whether we are the source, sponsor, or endorser of the product or service, nor in any manner that disparages or discredits us.
The contents of the Site include, without limitation, all information, data and datasets, code, software applications, tools, services, design elements, text, images, illustrations, audio and video contents, artwork, and graphics contained therein or otherwise made available to you in connection therewith (collectively the “Contents”) and, unless the context clearly requires otherwise, or we explicitly say so in writing, the term “Site” includes all of the Contents.
Copyright in this OpusVi Site including its look and feel, and all materials included in it, is owned by or licensed to OpusVi. and all rights are reserved. You must abide by all copyright notices and restrictions contained on the OpusVi Site.
The Site together with all Contents, trademarks and other intellectual property displayed, distributed, or otherwise made available on the Site, is the exclusive property of OpusVi and its successors, assigns, and/or licensors and/or suppliers. Unless you have agreed otherwise in writing with OpusVi, nothing in these Terms of Use gives you a right to use any of the Contents, OpusVi’s trademarks or other intellectual property of OpusVi. You may not assign or transfer any of the Contents and you may not grant a license to use or access the Site to any party.
You may not copy, distribute, enter into a database, display, perform, create derivative works of, transmit, or otherwise use any Contents from the Site, except that, if you are a registered user, you may use or download certain of (only as provided in each resource description) the Content only for personal, non-commercial use, and only if you do not alter the text or remove any trademark, copyright, or other notice displayed on the Content.
The limited rights granted to you under these Terms of Use may be revoked by OpusVi at any time for any reason whatsoever.
No information or statement contained in these Terms of Use or the Site shall be construed as conferring, directly or by implication, estoppel or otherwise, any right under any patent, copyright, trademark, or other intellectual property rights of OpusVi or any third-party. You must not alter, delete, or conceal any copyright or other notices contained on the Site, including notices on any of the Contents that you are permitted to download, transmit, display, print, or reproduce from the Site.
You may not allow any third party (whether or not for your benefit) to reproduce, modify, create derivative works from, display, perform, publish, distribute, disseminate, broadcast or circulate to any third party (including, without limitation, on or via a third party website), or otherwise use any Contents, in whole or in part, without the express prior written consent of OpusVi or its owner if OpusVi is not the owner.
Any unauthorized or prohibited use of any Contents may subject you to civil liability, criminal prosecution, or both, under applicable federal, provincial, state and local laws.
You may not create a link to the Site without OpusVi’s prior permission. We may, however, if requested, grant a limited, nonexclusive right to create a link to the Site provided that such link is to the entry page of the Site and does not portray OpusVi or any of its activities or services in a false, misleading, derogatory, or otherwise negative manner.
8. Intellectual Property Infringement
We take intellectual property rights, both our own and others, very seriously. If you are an owner of intellectual property (or the owner's authorized agent) and believe that any of the Contents or the Site infringes your intellectual property, please notify us using the following procedure. Please send a written notice of intellectual property infringement to legal@opusvi.com, with the following information (“claimant” refers to you or the person on whose behalf you are sending the notice):
- the claimant’s name, mailing and email address;
- the work or other subject matter to which the claimed infringement relates;
- the claimant’s interest or right with respect to the copyright in the work or other subject matter;
- the URL or other electronic location data to which the claimed infringement relates;
- the infringement that is claimed; and
- the date and time of the commission of the claimed infringement.
9. Third-Party Information
Any third-party content, data or publications made available through the Site are furnished by OpusVi on an “AS IS'' basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of the Site, are those of the respective author(s) or publisher(s) and not of OpusVi. OPUSVI DISCLAIMS ANY WARRANTY OR REPRESENTATION, EITHER EXPRESS OR IMPLIED, THAT THE INFORMATION IN SUCH PUBLICATIONS IS ACCURATE OR COMPLETE.
10. Links to Third-Party Sites
Use of certain links on the Site will direct you away from the Site to third-party websites. Such third-party websites are not under the control of OpusVi, and OpusVi is not responsible for the contents of any such website or any link contained in such website. The third-party links included on the Site are provided for your convenience, and the inclusion of such links does not imply a recommendation or endorsement by OpusVi of any such website or the products or services offered therein.
11. Submissions and Comments
During your enrollment in the Course, you will be invited to make submissions or post comments or information (“User Content”) on the OpusVi learning platform (the “OpusVi Platform”). You acknowledge and agree that if you submit any User Content to the OpusVi Platform you will be solely responsible for such User Content. OpusVi will not be liable in any way for any such User Content submitted. You further agree that you will not submit any User Content or make use of any User Content in any way that violates these Terms of Use. While OpusVi does not pre-screen, monitor or edit the User Content posted or submitted to the OpusVi Platform, we reserve the right to edit, limit or remove any such User Content in our sole discretion. Notwithstanding, you shall remain solely responsible for any User Content you submit or post.
You represent and warrant that you own or otherwise control all of the rights to any User Content submitted by you; that all User Content submitted by you is accurate; and that exploitation of such User Content by OpusVi and its other Users, partners, and licensees will not violate this Agreement, cause injury to any person or entity, or infringe any third-party rights (including, without limitation, intellectual property rights and rights of privacy or publicity).
OpusVi will not be responsible for the User Content or accuracy of any information posted by Users, and shall not be responsible for any acts taken or decisions made based on such information.
Please notify OpusVi (with the contact information posted at the bottom of these Terms) of any illegal or inappropriate User Content. OpusVi will not be responsible for the User Content, and shall not be responsible for any acts taken or decisions made based on it.
12. No Warranty
You expressly understand and agree that your use of the site is at your sole risk and that the site and the contents are provided “as is” and “as available.” in particular, OpusVi and its licensors do not represent or warrant to you that:
- Your use of the site will meet your requirements,
- Your use of the site will be uninterrupted, timely, secure or free from error,
- Any information obtained by you as a result of your use of the site will be accurate or reliable, or
- Defects in the operation or functionality of any software provided to you as part of the site will be corrected.
Any material downloaded or otherwise obtained through the use of the site is done at your own discretion and risk and you will be solely responsible for any damage to your computer system or other device or loss of data that results from the download of any such material.
No advice or information, whether oral or written, obtained by you from OpusVi or through or from the site shall create any warranty not expressly stated in these terms of use.
OpusVi further expressly disclaims all warranties and conditions of any kind, whether express or implied, including, but not limited to the implied warranties and conditions of merchantability, fitness for a particular purpose and non-infringement.
13. Limitation of Liability
You expressly understand and agree that OpusVi, and its licensors shall not be liable to you for:
- Any direct, indirect, incidental, special consequential or exemplary damages which may be incurred by you, however caused and under any theory of liability including, but not limited to, any loss of profit, loss of goodwill or business reputation, loss of data suffered, cost of procurement of substitute goods or services, or other intangible loss; and
- Any loss or damage which may be incurred by you, including but not limited to loss or damage as a result of:
- Any reliance placed by you on the completeness, accuracy or existence of any advertising, or as a result of any relationship or transaction between you and any advertiser or sponsor whose advertising appears on the site;
- Any changes which OpusVi may make to the site, or for any permanent or temporary cessation in the provision of the site (or any features within the site);
- The deletion of, corruption of, or failure to store, any user content and other communications data maintained or transmitted by or through your use of the site;
- Your failure to provide OpusVi with accurate account information;
- Your failure to keep your password or account details secure and confidential.
the limitations on OpusVi’s liability to you in this section shall apply whether or not OpusVi has been advised of or should have been aware of the possibility of any such losses arising.
14. Termination
OpusVi may terminate your use of the Site and/or access to the Site and its Contents, features, functionality, products and services made available in connection therewith, at any time and for any reason, with or without cause, without prior notice to you and without any liability or further obligation of any kind whatsoever to you or any other party.
If you want to terminate your Student Account with OpusVi, you may do so by closing your Student Account, where OpusVi has made this option available to you. OpusVi may terminate your use of the Site and OpusVi Platform if:
- you have breached any provision of these Terms of Use (or have acted in a manner which clearly shows that you do not intend to, or are unable to, comply with the provisions of the Terms of Use);
- OpusVi is required to do so by law (for example, where the provision of the Site to you is, or becomes, unlawful);
- OpusVi is transitioning to no longer providing the Site to users in the country in which you are resident or from which you use the Site; or
- the provision of the Site to you by OpusVi is, in OpusVi’s opinion, no longer commercially viable.
When these Terms of Use come to an end, all of the legal rights, obligations and liabilities that you and OpusVi have benefited from, been subject to (or which have accrued over time while the Terms of Use have been in force) or which are expressed to continue indefinitely, shall be unaffected.
15. Indemnification
You agree to indemnify, defend, and hold harmless OpusVi and its successors and assigns, and any of their respective officers, directors, employees, members, agents, representatives, licensors, advertisers, and suppliers from any liability, loss, claim, and expense (including reasonable legal fees) related to (a) your violation of these Terms of Use, and (b) your use of the Site.
We reserve the right to assume, at our sole expense, the exclusive defense and control of any such claim or action and all negotiations for settlement, or compromise, and you agree to fully cooperate with us in the defense of any such claim, action, settlement or compromise negotiations, as we may request.
16. General
These Terms of Use constitute the entire agreement between you and OpusVi relating to your use and our provision of the Site.
You agree that OpusVi may provide you with notices, including those regarding changes to these Terms of Use, by email, regular mail, or postings on the Site.
You agree that if OpusVi does not exercise or enforce any legal right or remedy which is contained in these Terms of Use (or which OpusVi has the benefit of under any applicable law), this will not be taken to be a waiver of OpusVi’s rights and that those rights or remedies will still be available to OpusVi.
If any provision of these Terms of Use is held to be illegal, invalid or unenforceable, this will not affect any other provision of these Terms of Use and the agreement between you and us will be deemed amended to the extent necessary to make it legal, valid, and enforceable.
The laws of the Province of Ontario and the federal laws applicable therein shall govern these Terms of Use in all respects, without giving effect to conflicts of laws principles.
No e-mail address found on the Site may be harvested or otherwise used for purposes of solicitation.
The parties hereto confirm that they have requested that this Agreement and all related documents be drafted in English.
17. Obtaining OpusVi 's Consent
To request the consent of OpusVi for any of the actions for which such consent is required under these Terms of Use, please send an e-mail to legal@opusvi.com. OpusVi reserves the right to refuse any such requests in its sole discretion.
Last updated: November 14th, 2023