Legal Information, Terms & Conditions




These terms and conditions apply to the use of the websites found within the following companies as part of The Melling Group of Companies: www.intellithink.com, www.epic-soft.com, www.ascentii.com, www.ascentiiassessments.com and www.aspireecs.com and including the use of any information services on the website(s) (website), and/or those of our Partners. In using the websites and any information or other services available from the websites, you agree to be bound by these terms and conditions. If you do not accept these terms and conditions, you must refrain from using the websites. Any services provided by us on or through the website are also subject to these terms and conditions. These terms and conditions must be read in conjunction with any other applicable terms and conditions governing the use of any information or other services available from the website.


1. Terminology

In these terms and conditions, the terms, we, us and our are a reference to IntelliThink, EPIC Software Corporation, Ascentii, Ascentii Assessments and Aspire Education Consulting Services; privately held companies with headquarters in Burlington, Ontario, Canada and strategic business partners with whom we engage to deliver the information and services communicated and delivered through our websites.


2. Amendments to Terms and Conditions

We reserve the right to amend these terms and conditions from time to time. Amendments will be effective immediately upon notification on this website. Your continued use of the website following such notification will represent an agreement by you to be bound by the terms and conditions as amended.


3. Personal Use

Except where expressly stated otherwise, you may only use the website and any information or other services available from it for your personal use and not for any commercial purpose.


4. Information Services

Where you complete an electronic form with your contact details, you will be taken to have consented to our using that information to send you news, information about our activities and general promotional material which we believe may be useful to you, by e-mail or other means, unless you advise us that you do not want to receive those communications. If later, you no longer wish to receive those communications, you can eMail us accordingly - when we send you those communication services, we will include a means for you to unsubscribe to those communications. If you ask us to unsubscribe from any of those services, we will try to comply as soon as we can. You acknowledge that there may be delays in our complying with such a request and that we may have more than one entry of your contact information in our databases; it is incumbent upon you to provide all relevant contact information so we may remove you completely the first time.


5. Registered Users

5.1       In order to be able to access the information offered on this website, you may be required to become a registered user. To become a registered user, you must complete your registration details in the manner described on the website. Registration is free but non-transferable.

5.2       We reserve the right to terminate your registration at any time if you breach these terms and conditions.

5.3       We reserve the right to prosecute or hand over to law enforcement officials the identification of any registered user alleged to be using this website in violation of these terms and conditions.


6. Information Service

6.1       All information provided by us on or through the website is provided in good faith. You accept that any information provided by us is general information and is not in the nature of advice. We derive our information from sources that we believe to be accurate and up-to-date as at the date of publication. We nevertheless reserve the right to update this information at any time.

6.2       We do not make any representations or warranties that the information we provide is reliable, accurate or complete, or that your access to that information will be uninterrupted, timely or secure. We are not liable for any loss resulting from any action taken or not taken, or reliance made, by you or any third party on any information or material available or accessed from the website. You should make your own inquiries and seek independent advice from relevant industry, professionals before acting, or refraining from acting, or relying on any information or material that is made available to you from the website.


7. Hyperlinking

Unless we give you our written consent, and unless you comply with all of the terms and conditions of that consent, you must not provide hyperlinks from your website to any material on this website.


8. Specific Warnings

8.1       You agree to use the website for lawful purposes only.

8.2       You must ensure that your access to the website is not illegal or prohibited by any laws that apply to you.

8.3       You must take your own precautions to ensure that the process that you employ for accessing the website does not expose you to the risk of viruses, malicious computer code or other forms of interference which may damage own computer system. For the removal of doubt we do not accept responsibility for any interference or damage to any computer system that arises in connection with your use of the website or any linked website.

8.4       If/where/when we offer a discussion forum facility on the website, we do not accept liability for any losses arising directly or indirectly from a failure to provide the discussion forum facility, corruption to or loss of data, errors or interruptions, any suspension or discontinuance of the service, any transmissions by others in contravention of the registered usersí obligations as set out in these terms and conditions or any content transmitted by a non-registered user.

8.5       You must indemnify us and our related bodies corporate and our directors and employees against any claim by you and/or a third party arising out of a breach of these terms and conditions either by you or by any person using your password or surname, whether or not you have authorized that person to use your password or surname.

8.6       You must not post anything to a discussion forum facility or to your account on the website, or to us, that is false, misleading, or infringes the rights of any person.

8.7       One of the online services Ascentii provides is assessments related to applicant and candidate screening, considered to be one of many contributing components for employment hiring decisions, whether working relationships between employer and worker is contract, permanent or some other arrangement between the employer and a job seeker. By using this website you agree to the following:

a)       Assessment results are not intended to be the sole and/or final determination as to who should be interviewed and subsequently hired.

b)       Prior to job seeker profiles and accounts are created, posted and accepted to the Ascentii Candidate portal, job seekers are required to read and electronically sign a mandatory 4 question formal Declaration focused at addressing honesty and integrity. This Declaration also acknowledges the job seeker may, at Ascentiiís sole discretion, be discharged from a job search process and/or terminated if they have accepted employment under conditions that challenge or otherwise violate the Declaration. By electronically signing the Declaration, job seekers knowingly agree to the terms and conditions of the Declaration and agree that neither Ascentii nor our Partners will be held liable for any breeches of the Declaration or its intent by job seekers or other third parties.

c)       Without limiting the foregoing, Ascentii and our Partner organizations, expressly disclaim any responsibility or obligation to confirm the accuracy of any information posted to the system, to check the background or suitability of any individual seeking employment, or to assess the suitability of any potential employer or employment situation.

8.8       You acknowledge that we cannot necessarily confirm the identity of other registered users or prevent them acting under false pretences or in a manner that infringes the rights of any person.

8.9       Responsibility for the content of advertisements appearing on this website (including hyperlinks to advertisersí websites) rests solely with the advertisers. The placement of such advertisements does not constitute a recommendation or endorsement by us of the advertisersí products or services, and each advertiser is solely responsible for any representations made in connection with its advertisement.


9. Copyright

9.1       Copyright in all of the contents of the website (including text, graphics, logos, icons, sound recordings and software) is owned by or licensed to us or is the property of the organization or individual identified.

9.2       Other than for the purposes of, and subject to the conditions prescribed under, the Canadian Copyright Act ( R.S., 1985, c. C-42 ) and available for reference from the Canadian Government's Department of Justice at http://lois.justice.gc.ca/en/C-42/, and similar legislation that applies in your location, and except as expressly authorized by these terms and conditions, you may not in any form or by any means:

a)       adapt, reproduce, store, distribute, print, display, perform, publish or create derivative works from any part of the website or any information or thing available from the website; or

b)       commercialize any information, products or services available or obtained from the website, without our written permission.


10. Trade Marks and Service Marks

10.1       Except where otherwise specified, any word or device to which is attached the ģ symbol is a registered trade mark or service mark.

10.2       If you use any of our trade marks or service marks (whether registered or unregistered) in reference to our activities, products or services, you must include a statement attributing that trade mark and/or service mark to us. You must not use any of our trade marks (whether registered or unregistered):

a)       in, or as the whole or part of, your own trademarks;

b)       in any manner that may diminish our rights in the trademarks;

c)       in connection with activities, products or services that are not ours;

d)       in a manner that may be confusing, misleading or deceptive; or

e)       in a manner that disparages us or our information, products or services or those of our partners (including this website).


11. Restricted Use

Unless we agree otherwise in writing, you are provided with access to this website only for your personal use. You are authorised to print a single copy of any information contained on this website for your personal use only, unless such printing is expressly prohibited. Without limiting the foregoing, you may not without our written permission on-sell information obtained from this website or use it for commercial purposes.


12. Linked Websites

12.1       This website may contain links to other websites (linked websites). Those links are provided for convenience only and may not remain current or be maintained.

12.2       We are not responsible for the content or privacy practices associated with linked websites.

12.3       Our links with linked websites should not be construed as an endorsement, approval or recommendation by us of the owners or operators of those linked websites, or of any information, graphics, materials, products or services referred to or contained on those linked websites, unless and to the extent expressly stated to the contrary.


13. Disclaimer

13.1       We do not warrant that any material you submit to any discussion forum on the website will be protected against loss, misuse or alteration by third parties. We do not warrant that we will post your information or material in the discussion forum. If we elect in our sole discretion to post your information or material in the discussion forum, we do not warrant that the material or information you submit will be posted within a certain timeframe.

13.2       We do not accept responsibility for any loss damage, however caused (including through negligence, errors and/or omissions), that you or a third party may directly or indirectly suffer in connection with your use of this website or any linked website, nor do we accept any responsibility for any such loss arising out of your use of or reliance on information contained on or accessed through this website.

13.3       To the extent permitted by law, any condition or warranty that would otherwise be implied into these terms and conditions is hereby excluded. Where legislation implies any condition or warranty, and that legislation prohibits us from excluding or modifying the application of, or our liability under, any such condition or warranty, that condition or warranty will be deemed included but our liability will be limited for a breach of that condition or warranty to one or more of the following:

a)       if the breach relates to goods:

i)       the replacement of the goods or the supply of equivalent goods;

ii)       the repair of such goods;

iii)       the payment of the cost of replacing the goods or of acquiring equivalent goods; or

iv)       the payment of the cost of having the goods repaired; and

b)       if the breach relates to services:

i)       the supplying of the services, or that component(s) of the initial service(s), again; or

ii)       the payment of the cost of having the services supplied again.

Visitors to our sites and users of our cloud-based business software solutions and professional services agree that EPIC Software Corporation, IntelliThink, Ascentii, Ascentii Assessments and Aspire Education Consulting Services and our agents, contractors, and Strategic Alliance Partners and alliesí liability to the client, to each other, and to each othersí agents, contractors, and strategic allies for any unintentional consequences, errors and omissions, resulting from the use of our websites, cloud-based business software solutions and professional services will not exceed one (1) dollar.


14. Exception to Disclaimer

This disclaimer set out in these terms and conditions does not attempt or purport to exclude liability arising under statute if, and to the extent, such liability cannot be lawfully excluded.


15. Privacy Policy

We undertake to comply with the terms of our Privacy Policy at the following internet sites: www.intellithink.com, www.epic-soft.com, www.ascentii.com, www.ascentiiassessments.com & www.aspireecs.com.


16. Security of Information

Unfortunately, no data transmission over the Internet can be guaranteed as totally secure. Whilst we strive to protect such information, we do not warrant and cannot ensure the security of any information that you transmit to us. Accordingly, any information that you transmit to us is transmitted at your own risk. Nevertheless, once we receive your transmission, we will take reasonable steps to preserve the security of such information.


17. Termination of Access

Access to this website may be terminated at any time by us without notice. Our disclaimer will nevertheless survive any such termination.


18. Governing Law

These terms and conditions are governed by the laws in force in Ontario, Canada. You agree to submit to the exclusive jurisdiction of the courts of that jurisdiction.


19. General

19.1       We accept no liability for any failure to comply with these terms and conditions where such failure is due to circumstances beyond our reasonable control.

19.2       If we waive any rights available to us under these terms and conditions on one occasion, this does not mean that those rights will automatically be waived on any other occasion.

19.3       If any of these terms and conditions is held to be invalid, unenforceable or illegal for any reason, the remaining terms and conditions shall nevertheless continue in full force.

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