Terms of Use
Last Updated: January 2024
1. Introduction
1.1 Binding Agreement: This website is owned and operated by Ontario College Application Service (“OCAS”). Please carefully read these Website Terms of Use (these “Terms of Use”) before using this website. These Terms of Use are a binding agreement that governs the use of all websites hosted by OCAS at ocas.ca and ontariocolleges.ca, all online services delivered to the public by OCAS (via browser and application), and all OCAS accounts (the “Tools”). These Terms of Use also exempt OCAS and other persons from liability, specify the jurisdiction for the resolution of disputes, and contain other important provisions. Each time you use the Tools, you acknowledge and signify that you have read, understand, and unconditionally agree to these Terms of Use. If you do not agree to these Terms of Use, then you may not use the Tools.
1.2 Changes: OCAS in its discretion may change these Terms of Use at any time and from time to time, without any prior notice, by posting the changed Terms of Use on this website. The changed Terms of Use are effective immediately on posting on this website unless the changed Terms of Use expressly state otherwise. It is your responsibility to check the “Last Updated” date at the top of these Terms of Use and review any changes since the previous version. By using the Tools, you signify your unconditional acceptance and agreement to be bound by the changed Terms of Use. You may not change these Terms of Use in any manner.
2. OCAS Content
2.1 OCAS Content: In these Terms of Use: (a) “Content” means text (including notes, questions, comments, and reviews), information, graphics, photographs, images, audio, video, and other materials and forms of data or communication; and (b) “OCAS Content” means made available by OCAS on or through the Tools, including educational materials and other information available through a Portal (as defined below).
2.2 Permitted/Prohibited Use: You will use OCAS Content for your lawful, internal business purposes only, only in the manner purposefully made available by OCAS and subject to these Terms of Use and all applicable laws. You will not disclose OCAS Content to any person other than internal members of your organization as reasonably required for your lawful, internal business purposes.
2.3 No Exploitation: You will not exploit OCAS Content for any purpose (including copy, reproduce, publish, republish, translate, upload, post, publicly display, transmit, communicate, or make available to the public, or otherwise disclose or distribute OCAS Content) without OCAS’ prior written consent in each instance.
2.4 No Ownership: You acknowledge that, as between you and OCAS, OCAS Content is solely owned by OCAS and its licensors and your use of OCAS Content does not transfer to you any right, title, or interest in, to, or associated with OCAS Content other than the limited, restricted right to use OCAS Content as expressly set out in Section 2.2.
3. Use of the Tools
3.1 Authorization: The Tools may be used only by individuals (natural persons) who are capable of forming a binding contract under applicable law. You may not use the Tools if you do not unconditionally accept and agree to these Terms of Use, if you have breached these Terms of Use, or if your permission to use the Tools has been suspended or terminated by OCAS.
3.2 Permitted Use and Restrictions/Prohibitions: Subject to these Terms of Use and all applicable laws, you may use the Tools for your lawful, personal use for non-commercial purposes only and only in the manner purposefully made available by the Tools. Use of the Tools for any other purpose or in any other manner is strictly prohibited. Without limiting the generality of the foregoing, you will not: (a) use, disclose, or provide or permit access to or use of the Tools in any manner, by any means, or for any purpose that is not expressly permitted by these Terms of Use; (b) attempt to access or use the Tools by any means that is not deliberately made available for that purpose by OCAS; (c) use the Tools in a way that damages, disrupts, compromises, degrades, or interferes with the integrity, functionality, operation, performance, or security of the Tools or any other system, network, or data; (d) copy, reproduce, translate, modify, enhance, or create derivative works based on the Tools; (e) sell, resell, license, sublicense, distribute, rent, or lease the Tools, or include the Tools in a service bureau or outsourcing offering; (f) make the Tools available to, or use the Tools for the benefit of, any third party; (g) alter, attempt to circumvent, destroy, obscure, or remove any notices (including trademark and copyright notices), proprietary codes or locks, means of identification, technological protection measures, digital rights management tools or rights management information, security or control measures, or agreements (including end user terms and conditions) on, in, or in relation to the Tools; (h) reverse engineer or otherwise access or use the the Tools to: (i) attempt to access the source code or underlying logic, methods, or processes for any of the software or technologies used by OCAS to provide any aspect of the Tools; (ii) create a product or service that is competitive with the Tools or any other product or service offered by OCAS, or a product or service using similar ideas, features, or functions; (iii) monitor or assess the availability, performance, or functionality of the Tools, or for any other benchmarking or competitive purposes; or (iv) permit, assist, or encourage any other person to do any of the foregoing in this Section 3.2 or to commit any act or omission that would constitute a breach of these Terms of Use if committed by you.
3.3 Monitoring Use/Personal Information: The Tools may contain technologies that monitor, record, and report OCAS information regarding your use of the Tools. OCAS may use that information for system administration and security purposes, to enforce these Terms of Use, and as otherwise permitted by applicable law. You consent to the collection, use, disclosure, and retention by your organization and OCAS of information regarding your use of the Tools for those purposes.
3.4 Portals: OCAS may make certain portions of the Tools available only to staff members of Ontario publicly funded educational institutions, agents of applicants, or applicants. Respectively, those portions of the Tools will be accessible by a staff members portal, agent portal, and applicant portal (each a “Portal” and, collectively, the “Portals”). To access and use those portions of the Tools through a Portal, you must have valid and subsisting unique identifiers or other factors registered with or provided by the Tools (collectively, “Credentials”). Credentials are specific to you and may not be shared with or transferred to any other person. You will keep Credentials secure and confidential at all times. You will not permit any other person to know or use Credentials. You will immediately notify OCAS if you know or suspect that Credentials have become known to or used by any other person or if you know or suspect of any unauthorized access to a Portal. OCAS may change, suspend, or terminate your access to a Portal effective immediately at any time and without any prior notice or liability to you or any other person.
3.5 No Advice: The Tools are for informational and educational purposes only. The Tools are not intended to be a comprehensive or detailed statement concerning the matters addressed, and OCAS Content is not intended to be professional advice or recommendations. You will not rely on the Tools as a substitute for independent research or for personal advice from a qualified advisor.
3.6 Errors, Changes: The Website is updated periodically, but is not intended to be a comprehensive, current, or complete statement of all matters and developments concerning OCAS and its services. The Tools might not be accurate, current, or complete, and misprints, errors, inaccuracies, omissions, or other errors might not be corrected. OCAS does not warrant that the Tools (including OCAS Content) are accurate or complete. OCAS does not accept any liability for the Tools (including OCAS Content). OCAS reserves the right to (a) correct any error, inaccuracy, or omission in OCAS Content at any time without prior notice or liability to you or any other person; and (b) change the Tools at any time without any notice or liability to you or any other person.
3.7 Linked Sites: For your convenience, the Tools may provide links or references to Internet sites or resources operated by independent persons (each a “Linked Site” and, collectively, the “Linked Sites”). Linked Sites are independent from OCAS. OCAS does not endorse the Linked Sites, and it does not have responsibility or liability for, or control over, the Linked Sites, any products, services, or content available through a Linked Site, or the collection of your personal information through a Linked Site or by the owner or operator of a Linked Site. Your use of a Linked Site and your dealings with the owner or operator of a Linked Site are at your own risk, and you will not make any claim against OCAS arising from, connected with, or relating to your use of a Linked Site, your dealings with the owner or operator of a Linked Site, or any product, service, or content available through a Linked Site.
4. User Information
4.1 Accurate Information: You will ensure that all information you provide to OCAS, through the Tools or otherwise, is true, accurate, current, and complete. OCAS will rely on the information you provide. You will be solely responsible and liable for any and all loss, damage, and additional costs that you, OCAS, or any other person may incur as a result of your submission of any false, incorrect, or incomplete information or your failure to promptly update your information if it changes.
4.2 Communications: You authorize OCAS to: (a) accept communications it receives from you by means of the Tools or email as if those communications had been given directly by you in writing and signed by you; (b) disclose your communications to OCAS’ affiliates, public colleges, and service providers; and (c) respond to your communications through the Tools, by email, or other means of communication as OCAS considers appropriate. Communications that you send to OCAS are not effective unless and until they are processed by the responsible OCAS representative. OCAS may refuse to process communications that you send to OCAS or may reverse the processing of any communications that you send to OCAS, at any time in OCAS’ discretion and without any notice or liability to you or any other person, including if OCAS believes the communication to be fraudulent or unlawful or defective, inaccurate, or incomplete due to a technical malfunction.
4.3 Personal Information Privacy: By accepting these Terms of Use you consent to the collection, use, retention, disclosure, and deletion of your personal information in accordance with OCAS’ Privacy Policy, as amended from time to time, and as otherwise permitted by applicable law.
5. Proprietary Rights
5.1 Ownership: As between the Parties, OCAS will at all times solely own and retain all rights, title, and interest (including all copyright, trademark and other intellectual property rights) throughout the world in, to, and associated with the Tools (including OCAS Content) and neither you nor any other person will acquire any right, title, or interest in, to, or associated with any of the Tools.
5.2 Trademarks: The OCAS logo and other related trademarks and symbols are registered or unregistered trademarks, service marks, and trade names owned or licensed by OCAS. Any unauthorized use of those trademarks is strictly prohibited, unless OCAS has provided prior written consent, and nothing on the Tools or in these Terms of Use will be construed as granting, by implication, estoppel, or otherwise, any license or right to use any of those trademarks, service marks, and trade names.
5.3 Feedback: If you give to OCAS any feedback (including any review, comments, ideas, or suggestions for corrections, enhancements, or improvements) regarding the Tools, then OCAS and its successors, assigns, and licensees may use the feedback for any and all purposes (including to support, maintain, and improve the Tools) without providing any compensation or attribution to you or any other person. OCAS may in its discretion modify your feedback (e.g., for grammar and spelling) prior to use.
6. Disclaimers, Liability Exclusions/Limitations
6.1 General Disclaimer: You are solely responsible for the selection and use of the Tools to achieve your intended results, and you use the Tools at your own risk. To the fullest extent permitted by applicable law, the Tools are provided “as is”, “as available”, and “with all faults”, and without any representations, warranties, conditions, or guarantees of any nature or kind whatsoever, whether express, implied, statutory or arising from custom or trade usage or by any course of dealing or course of performance, including any representations, warranties, conditions, or guarantees of or relating to: accuracy, accessibility, availability, completeness, durability, errors, fitness for a particular purpose, merchantability, non-infringement, lack of viruses or other disabling or harmful code, performance, quality, results, suitability, security, timeliness, title, truthfulness, quiet enjoyment, uninterrupted service, or workmanlike effort; all of which are hereby waived by you and disclaimed by OCAS to the fullest extent permitted by applicable law. Without limiting the foregoing, OCAS does not represent or warrant that any of the Tools will meet your requirements. No oral or written information or advice given by or on behalf of OCAS will create any legally binding or effective representation, warranty, condition, or promise.
6.2 Specific Acknowledgements and Disclaimers: Without limiting Section 6.1, and notwithstanding any other provision of these Terms of Use:
(a) OCAS Content: You are solely responsible and liable for, and bear all risks and liabilities related to, your selection and use of OCAS Content.
(b) Technology and Security: you acknowledge that the Tools might be affected by circumstances beyond OCAS’ control, might not be continuous, uninterrupted, or secure, and are subject to limitations, delays, and other problems inherent in the use of the internet and electronic communications. OCAS and its subcontractors and service providers are not responsible or liable for any delays, failures, or any damage, loss, or liability, including but not limited to lost profits, lost opportunities or business revenues, loss of goodwill, or failure to realize expected savings resulting from any of those problems. You acknowledge that security measures used by or on behalf of OCAS and its subcontractors and service providers might not protect the Tools against unauthorized access, use, or disclosure. OCAS is not responsible or liable for any unauthorized access to, or use, alteration, theft, or destruction of, the Tools or any data stored or processed in the Tools, whether through accident, fraudulent means or devices, or any other method.
(c) Third Party Educational Programs: The Tools present information about college and other THIRD-PARTY educational programs and offerings. This information does not constitute official information about programs and offerings, which information may only be obtained directly from the third parties, and it does not form part of any contract between you and the third parties. Likewise, OCAS has no responsibility for and is not liable for any THIRD-PARTY application, admission, or enrollment decisions.
(d) Advertising Material: The Tools may from time to time contain advertising material. OCAS does not endorse or accept any liability for any of the products or services so advertised, or for any error or inaccuracy in the advertising material. Advertisers and sponsors are solely responsible for ensuring that advertising material submitted for inclusion on the Tools complies with all relevant laws.
6.3 Liability Exclusions: Notwithstanding any other provision of these Terms of Use and to the maximum extent permitted by applicable law, in no event and under no circumstances will OCAS be liable to you or any other person for any loss, damage, or liability (including direct, indirect, special, incidental, consequential, and punitive damages) arising from, connected with, or relating to these Terms of Use, the subject matter of these Terms of Use, or your use of the Tools under any theory (including contract, tort, strict liability, and statutory liability), regardless of any negligence or other fault or wrongdoing (including fundamental breach or gross negligence) by OCAS, even if other remedies are not available or do not adequately compensate for the loss, damage, or liability, even if OCAS knows or ought to have known of the possibility of the loss, damage, or liability being incurred, and regardless of whether or not the loss, damage, or liability was foreseeable.
6.4 Exceptions: The laws in some jurisdictions prohibit or limit the disclaimer of certain warranties and conditions or the exclusion or limitation of certain liabilities, and so the disclaimers and liability exclusions and limitations in these Terms of Use might not apply to you.
7. General Matters
7.1 Survival: Notwithstanding any other provision of these Terms of Use, each of Sections 2, 3.3, 5, 6, and 7, and all other provisions necessary to the interpretation or enforcement of those sections, will survive the expiration or termination of these Terms of Use and will remain in full force and effect and be binding on you and OCAS as applicable.
7.2 Governing Law: These Terms of Use will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without reference to conflict of laws principles. To the full extent authorised under applicable law, you and OCAS hereby irrevocably attorn to the exclusive jurisdiction of the courts in the City of Toronto, Ontario, Canada with respect to the resolution of any disputes hereunder.
7.3 Miscellaneous: You and OCAS are non-exclusive, independent contracting parties, and nothing in these Terms of Use or done pursuant to these Terms of Use will create or be construed to create a partnership, joint venture, agency, employment, or other similar relationship between you and OCAS. Upon request by OCAS, you will execute all further documents and instruments and do all further things as may be reasonably necessary to implement and carry out the provisions and intent of these Terms of Use. No consent or waiver by OCAS to or of any breach by you of these Terms of Use will be effective unless the consent or waiver is confirmed in a document that is signed by OCAS or will be deemed or construed to be a consent to or waiver of a continuing breach or any other breach by you. OCAS’ rights and remedies under these Terms of Use are cumulative and not exhaustive or exclusive of any other rights or remedies to which OCAS may be lawfully entitled under these Terms of Use or at law, and OCAS will be entitled to pursue any and all of its rights and remedies concurrently, consecutively, and alternatively. If any provision of these Terms of Use is held by a court or arbitrator of competent jurisdiction to be invalid or unenforceable for any reason, then the provision will be deemed severed from these Terms of Use (as applicable) and the remaining provisions will continue in full force and effect without being impaired or invalidated in any way, unless as a result of the severance these Terms of Use (as applicable) would fail in their essential purpose. You may not assign these Terms of Use or any of your rights, licenses, duties, or obligations under these Terms of Use. OCAS in its discretion may assign these Terms of Use and any or all of OCAS rights, licenses, duties, and obligations under these Terms of Use. OCAS may engage subcontractors to perform OCAS’ obligations under these Terms of Use. The provisions of these Terms of Use will enure to the benefit of and be binding upon you and OCAS and your respective successors, permitted assigns, and personal representatives.
7.4 Interpretation: In these Terms of Use: (i) a reference to a section by number is a reference to the appropriate section in these Terms of Use; (ii) headings are for reference only and do not define, limit, or enlarge the scope or meaning of these Terms of Use or any of its provisions; (iii) words importing the singular number only include the plural and vice versa; (iv) words importing a gender include both genders; (v) “person” includes an individual, corporation, partnership, joint venture, association, trust, unincorporated organization, society, and any other legal entity; (vi) “including” and “includes” mean including or includes (as applicable) without limitation or restriction; (vii) “law” includes common law, equity, statutes, and regulations, and reference to a specific law includes all regulations made under the law and all amendments to, or replacements of, the law or any regulation made under the law in force from time to time; and (viii) “discretion” or any variation thereof means a person’s sole, absolute, and unfettered discretion.
7.5 Entire Agreement: These Terms of Use constitute the entire agreement between you and OCAS regarding your use of the Tools and related matters, and supersede all prior representations, agreements, statements, and understandings, whether verbal or in writing.
IF YOU DO NOT ACCEPT AND AGREE TO THESE TERMS OF USE, YOU MUST NOT USE THE TOOLS.
