For all users of the SAFE Work Manitoba Training Portal powered by the SkillsPass platform.
This Agreement (“Agreement”) is between a user (“you” or “user”) of the SAFE Work Manitoba Training Portal on the SkillsPass platform; Bluedrop ISM Limited (the “Company”), and SAFE Work Manitoba, a division of The Workers Compensation Board of Manitoba (“SWMB”) (the Company and SWMB collectively referred to as “us” or “we” or “our”).

1.0 Introduction

What is SkillsPass?

1.1 SkillsPass is a cloud-based Integrated Skills Management (ISM) platform brought to you by workforce training innovator Bluedrop ISM Limited. SkillsPass reimagines the way independent industry groups facilitate the training and credentialing of workers. The SkillsPass solution provides seamless connection for all stakeholders including employers, training providers, trainers, trainees, and regulators. The integrated platform provides end-to-end delivery and credential management for all training formats (online, virtual, and in-person) and offers an extensive catalogue of interactive workforce training courses.

1.2 SWMB is utilizing SkillsPass to manage and administer certification training in the Province of Manitoba. SkillsPass will house the training records of workers who decide to complete the optional health and safety training. SkillsPass will be used by training providers, trainers, trainees, employers, Workplace Safety & Health (WS&H) officers, The Workers Compensation Board of Manitoba’s Compliance department, and system administrators.

Who is a SkillsPass User?

1.3 Any person or organization that views or accesses Content, as defined herein, within SkillsPass and establishes a member account.

Use of SkillsPass and Acceptance of Terms and Conditions

1.4 ALL USERS MUST READ AND AGREE to these terms and conditions before being granted access to SkillsPass. Any person creating a member account will be explicitly asked to read and accept the terms of this Agreement. Use of SkillsPass constitutes acceptance of this Agreement and all users will be bound by this Agreement. If you do not agree to abide by the terms and conditions within this Agreement, you must not use SkillsPass or create a member account. All users will be required to accept the Agreement annually. The Company may change any of the terms in this Agreement at any time. Changes will become effective when the Company posts the modified Agreement on SkillsPass. All users will be prompted to accept the modified Agreement on their next sign-in. If you do not agree to the changes, you may terminate your member account. Continued use of SkillsPass by you or any other user under your license constitutes acceptance of the terms of the modified Agreement.

1.5 Each user shall maintain a member account with a unique login name and password to access SkillsPass. Both shall be kept strictly confidential and are not to be shared with any other individual, including other users.

1.6 Any user that is an organization with administrative access must appoint a representative to manage its SkillsPass. This person, known as the administrator, will be the organization’s SkillsPass gatekeeper. They will have access to all services and information on the organization’s account and will be able to add and manage access for other users for the organization. The organization will choose an appropriate person, acceptable to the Company, acting reasonably, to fill the administrator role.

1.7 Through the administrator, the organization may set up additional users and provide the users with access to some or all of the organization’s services and information on SkillsPass.

1.8 This Agreement applies to any users use of: (1) SkillsPass including all enhancements, versions, and modifications to the foregoing; (2) the Company’s and SWMB’s websites, located at https://bluedropism.com and www.safemanitoba.com (the “Websites”); and (3) the courses and training materials offered or otherwise make available to you; and (4) the related services, apps, courses, and communications provided through SkillsPass and/or the Websites.

1.9 By using SkillsPass, you represent that: (1) you have read, understand, and agree to be bound by this Agreement; (2) you are at least 13 years of age; and (3) you have the authority to enter into this Agreement personally or on behalf of the entity or person you have named as the user.

2.0 Collection, Use, Disclosure and Ownership of Training Information

2.1 Through the SAFE Work Manitoba Training Portal, SWMB is collecting and maintaining information related to various training certification standards.

2.2 SWMB is required to comply with The Freedom of Information and Protection of Privacy Act when performing activities related to the collection, use, and disclosure of personal information. SWMB reserves the right not to delete information in order to comply with applicable laws or regulations. SWMB will not recognize and shall not be governed by any foreign authority or laws outside of Canada which could be applied to your access and/or use of SkillsPass.

2.3 All Content, as defined herein, captured in SkillsPass related to the SAFE Work Manitoba Training Portal is owned by SWMB, except as otherwise stated in this Agreement.

2.4 SAFE Work Manitoba Training Portal training certification records created on SkillsPass will include the following information in relation to the training providers:
a) Name;
b) Address (PO box/street address, city/town, province, postal code, country);
c) Telephone number;
d) Facsimile number;
e) Email address;
f) Website address;
g) Training provider type;
h) Training provider description;
i) Training provider contact;
j) List of training courses the training provider has been approved to instruct;
k) List of the training provider’s trainers for each course; and
l) Documentation with regard to the certification and approval process.

2.5 SAFE Work Manitoba Training Portal training certification records created on SkillsPass will include the following information in relation to trainers:
a) First and last name;
b) Address (PO box/street address, city/town, province, postal code, country);
c) Telephone number (including extensions);
d) Facsimile number;
e) Email address;
f) Standard/course; and
g) Documentation with regard to the certification and approval process.

2.6 By adding and/or updating the list of available courses published on SkillsPass, training providers and trainers agree that their name, contact and course information, and certification status will be displayed and available for access by any user.

2.7 SAFE Work Manitoba Training Portal training records created in SkillsPass may include the following:
a) First and last name;
b) Year of birth;
c) Street address;
d) Personal phone number and email address;
e) Work phone number and email address (if employed);
f) Training Status;
g) Employer training number (if employed and number known);
h) Employer name, address and phone number; and
i) Job Title (if employed).

2.8 Training providers and trainers will capture registration and attendance information for trainees. Training providers will have access to training records related to the training provided by them.

2.9 By providing information related to their current employer(s), trainees agree that the employer(s) will be provided with limited access to their training records in order to fulfill the employer’s obligations under The Workplace Safety and Health Act and its Regulations. Employers will only have access to the name of the worker, the name of the course completed, training provider, trainer, certification date, and recertification date, if applicable. Trainees will have the option to remove employers from the authorized list of employers who can view their training records. Once an employer is removed from the trainees’ authorized list of employers, that employer will not have access to future training records but will retain access to the past training records.

2.10 Email and text messages will only be utilized to communicate information related to the SAFE Work Manitoba Training Portal, including notification of expired certificates, course/workshop registration, course/workshop reminders, course/workshop results, and general SAFE Work Manitoba Training Portal information.

2.11 Once you create an account, the Company and SWMB may communicate with you in the following ways: (1) within SkillsPass, or (2) a message sent to the contact information you provided (e.g. email, mobile number, physical address).

2.12 Trainees will have the option of indicating their preferred method of communication (email or text messages). If you are a trainee, by using SkillsPass, you consent to receiving either email or text messages. Trainees will only be sent communications directly related to their training unless they specifically consent to receipt of other communication, such as opportunities to join SWMB’s safety newsletter, Manitoba industry-based safety programs and services that may be of interest to you, participate in surveys, and be notified about promotions on safety-related items.

2.13 By registering as a user or using SkillsPass and/or accessing the Websites, you understand that you may receive commercial electronic messages such as e-mails, instant messages, and texts (collectively “CEMs”) containing information regarding training courses completed by you, and other matters concerning your relationship with SWMB. You acknowledge and agree that SWMB and/or the Company can transmit to you CEMs to your e-mail address and/or phone number provided to SWMB and/or the Company and that this is your express consent to SWMB and the Company as required pursuant to CASL (Canadian Anti-Spam Legislation) to receive CEMs. You will be permitted to withdraw such consent at any time and all such CEMs shall include an opt-out consent mechanism to unsubscribe. The CEMs will identify that SWMB, or an agent acting on behalf of SWMB, sent you the message and will include contact information to get in touch with SWMB if there are any questions or concerns.

2.14 Users will have the ability to update their personal information on SkillsPass. Any user requesting a correction to their training records or training certification records in SkillsPass should submit a request to swmb@skillspass.com.

2.15 The staff at SWMB who have responsibility for the administration and operation of the SAFE Work Manitoba Training Portal will have complete access to all Content, as defined herein, captured in SkillsPass in relation to the SAFE Work Manitoba Training Portal.

2.16 The staff at the Company with responsibility for support and maintenance of the system will have access to any services and information where it is required to maintain the integrity and security of the data and the system.

2.17 WS&H staff will be provided access to the SAFE Work Manitoba Training Portal training records in SkillsPass as required to fulfill their responsibilities.

2.18 SkillsPass, the Websites (as defined herein), online services, interactive applications, e-mail messages, and advertisements, may use “cookies” (an element of data that a website can send to your browser) which may then store it on your computer together with other technologies such as pixel tags and web beacons.

2.19 You agree we may use session cookies to track your usage and progression through SkillsPass and/or the Websites in a single visit. These cookies will allow the web servers for SWMB and the Company to remember things as you progress from one page to another. Session cookies are deleted as soon as you close your browser.

2.20 You agree SkillsPass and the Websites may use persistent cookies to enable the web servers for SWMB and the Company to remember specific information related to your authorized user ID and account access to SkillsPass, where required. Persistent cookies do not erase themselves, and will remain on your computer until you erase them using your browser settings. Because persistent cookies do not erase themselves, you will not need to provide this specific information every time you access SkillsPass from the same computer. If you want to disable cookies check with your internet provider to find out how. Please note that certain features of SkillsPass and/or the Websites may not be available once cookies are disabled.

2.21 You agree SkillsPass and/or the Websites may use pixel tags to enable SWMB and the Company to send e-mail messages in a format users can read, and the pixel tag will indicate whether the e-mail has been opened. SWMB and the Company may use this information to reduce or eliminate messages sent to users.

2.22 You agree the web servers for SWMB and the Company may track general information about users such as their IP address, domain name, and time of visit. SkillsPass and/or the Websites may also collect and aggregate information regarding which pages are being accessed. This information may be used internally to serve users better by helping SWMB and the Company manage their web servers, diagnose technical problems, offer automated user assistance, and improve services.

2.23 The Company and SWMB do not review trainee certificate information. By using the Service and entering certifications associated with particular trainees, each trainer and/or employer represents and warrants that the information provided in respect of a trainee is true and correct.

2.24 The Company and SWMB do not accept any responsibility for the accuracy or timeliness of any Content or certifications provided by training providers and/or trainers.

2.25 If a trainee disputes any certification provided by a trainer and/or a training provider, the trainee should contact the trainer and/or training provider to resolve the dispute.

2.26 Once a trainer or training provider has associated a particular certificate or credential with a particular trainee, the certificate record can only be deleted or modified by the trainer, training provider or by the Company. Trainee certificate information will continue to be stored and remain accessible if the trainer’s account which entered the information is deleted.

3.0 Basic Terms

3.1 You are responsible for any activity that occurs under your member account.

3.2 You are responsible for keeping your password secure. You agree to: (1) use a strong and secure password; and (2) keep your password secure and confidential. You agree to (a) immediately notify us of any known or suspected unauthorized use(s) of your password or account, or any known or suspected breach of security, including loss, theft, or unauthorized disclosure of your password; and (b) ensure that you exit from your account at the end of each session. We will not be liable for any injury, loss or damage of any kind arising from or relating to your failure to comply with (a) and (b) or for any acts or omissions by you or someone else using your account and/or password.

3.3 Your use of SkillsPass is subject to the SkillsPass Privacy Policy. Your personal information shall only be collected, used, and disclosed in accordance with the terms of this Agreement and the SkillsPass Privacy Policy associated with SkillsPass.

3.4 Your use of SkillsPass is subject to all applicable laws of your jurisdiction. You agree to comply with all reasonable instructions that we may give you regarding the use of SkillsPass. Without limiting the generality of the previous sentence:

(a) you agree to comply with Canadian and local laws or rules regarding online conduct and acceptable Content, and regarding the transmission of technical data exported through SkillsPass from Canada or the country in which you reside;
(b) provide accurate information to us and keep it updated; and
(c) use SkillsPass in a professional manner.

3.5 You may be asked to provide certain personal information to us, including a valid email address and the region you are located. In consideration of the use of SkillsPass, you agree to:

(a) provide true, accurate, current and complete information about yourself as prompted by the registration form, and

(b) maintain and promptly update the personal information you provide to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or if we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, we have the right to suspend or terminate your account and refuse any and all current or future use of SkillsPass (or any portion thereof).

3.6 You may not use SkillsPass in any inappropriate, unauthorized, or unlawful manner or for any purpose which violates any laws in either your or our jurisdiction including but not limited to conduct and Content resulting from the use of SkillsPass. Without limiting the foregoing, you shall not, in respect of your use of SkillsPass:

(a) harass others or disclose personal information about others that could amount to harassment;
(b) publish, post, upload, store, distribute, or disseminate any unlawful, defamatory, infringing, obscene, harmful, confidential, libelous, hateful, threatening, or otherwise illegal material (including but not limited to Licensed Materials, as defined herein) or information or anything which might constitute a criminal offence or give rise to a civil liability either for you or us;
(c) upload files that contain software or other material which are the intellectual property of any third party or which are protected by rights of privacy or publicity of any third party without having received all necessary consents or otherwise use SkillsPass in such a way as to violate the intellectual property rights of any third party;
(d) upload files that contain viruses, corrupted files, or any other software or programs that may interfere with or damage the operation of SkillsPass;
(e) violate the intellectual property or other rights of the Company or SWMB, including, without limitation, (i) copying or distributing their learning videos or other materials or (ii) copying or distributing their technology, unless it is released under open source licenses; (iii) using the word SkillsPass or our names or logos in any business name, email, or URL;

(f) reverse engineer, decompile, disassemble, decipher or otherwise attempt to derive the source code for SkillsPass or any related technology that is not open source;
(g) manipulate identifiers in order to disguise the origin of any message or post transmitted through SkillsPass;
(h) create a false identity or create a profile for anyone other than a real person;
(i) use or attempt to use another person’s account;
(j) impersonate others;
(k) promote or encourage illegal acts, the violation of any right of any individual or entity, the violation of any local, provincial, national or international law, rule, guideline or regulation, or otherwise create liability;
(l) commit any acts of infringement on SkillsPass or with respect to SkillsPass Content or software;
(m) use SkillsPass to engage in commercial activities;
(n) attempt to gain unauthorized access to other computer systems from or through SkillsPass;
(o) interfere with another person’s use and enjoyment of SkillsPass or another entity’s use and enjoyment of SkillsPass;
(p) use SkillsPass for chain letters, junk mail, spamming, or use of distribution lists;
(q) solicit email addresses or other personal information from users you don’t know, without authorization;
(r) use, disclose or distribute any data obtained in violation of this Agreement;
(s) bypass, circumvent, disrupt, interfere with, or otherwise harm or violate the security or controls of SkillsPass, system resources, accounts, passwords, servers or networks connected to or accessible through SkillsPass or affiliated or linked sites;
(t) develop, support or use software, devices, scripts, robots, or any other means or processes (including crawlers, browser plugins and add-ons, or any other technology or manual work) to scrape SkillsPass or otherwise copy profiles and other data from SkillsPass;
(u) use, copy, download, extract or reutilise any part of SkillsPass, or use or allow any third party (such as search engines), to use, copy, download, extract or reutilise any part of SkillsPass without consent of the Company;
(v) imply or state that you are affiliated with or endorsed by SkillsPass without our express consent;
(w) rent, lease, loan, trade, sell/re-sell access to SkillsPass or related data;
(x) remove any copyright, trademark or other proprietary rights notices contained in or on SkillsPass;
(y) engage in framing, mirroring, or otherwise simulating the appearance or function of SkillsPass;
(z) overlaying or otherwise modifying SkillsPass or its appearance;
(aa) access SkillsPass except through the interfaces expressly provided by the Company; or
(bb) use SkillsPass for tasks that it is not intended for.

3.7 To the extent that SkillsPass allow you and others to post, upload, transmit, display, publish, distribute, or otherwise submit material (collectively “Submit”), including, but not limited to, photos, images, information, articles, illustrations, audio files, videos, or text (collectively, “User Generated Content”) you agree not to Submit any User Generated Content that:

(a) contains vulgar, profane, abusive, hateful, or sexually explicit language, epithets or slurs, text or illustrations in poor taste, inflammatory attacks of a personal, sexual, racial or religious nature, or expressions of bigotry, racism, discrimination, or hate;

(b) is defamatory, threatening, disparaging, inflammatory, false, misleading, deceptive, fraudulent, inaccurate, or unfair, contains gross exaggeration or unsubstantiated claims, violates the privacy rights or right of publicity of any third party, is unreasonably harmful or offensive to any individual or community, contains any actionable statement, or tends to mislead or reflect unfairly on any other person, business or entity;
(c) contains copyrighted Content (copyrighted articles, illustrations, images, lyrics, photos, audio, video, poems, text, or other Content) without the express permission of the owner of the copyrights in the Content;
(d) infringes any copyright, trademark, patent, trade secret, or other intellectual property right of the Company, SWMB, or any third party;
(e) harms or is inappropriate for minors to view;
(f) advertises, promotes, or offers to trade any goods or services;
(g) is intended primarily to promote a cause or movement, whether political, religious, or other;
(h) links to any commercial or other website; or
(i) is not otherwise in compliance with this Agreement.

3.8 You are solely responsible for your conduct and for any data, text, information, screen names, graphics, photos, profiles, music, audio clips, audio and video clips, links and other material of any nature that you Submit, upload, post, email, text, create, display, publish, and otherwise transmit using SkillsPass (“Content”).

3.9 You may not use SkillsPass and its services for any illegal or unauthorized purpose. All users, including international users, shall comply with all local laws regarding online conduct and acceptable Content.

3.10 Content that is unlawful, harmful, menacing, harassing, offensive, threatening, libellous, defamatory, false, vulgar, obscene, pornographic, invasive of another’s privacy, racially, ethnically or otherwise objectionable, or that promotes bigotry, racism, hatred or harm, causes damage or injury to another person or property, violates any party’s intellectual property or other proprietary rights, constitutes unsolicited bulk e-mail or texts or violates applicable laws, ordinances or regulations or this Agreement is considered “Objectionable Content”.

3.11 You must not modify, adapt, or hack SkillsPass or modify another website so as to falsely imply that it is associated with SkillsPass.

3.12 You must not violate any measure employed to limit or prevent access to SkillsPass or its Content.

3.13 You must not violate the security of SkillsPass or attempt to gain unauthorized access to SkillsPass or any Content, or computer systems and networks through hacking, password mining or any other means.

3.14 You must not interfere or attempt to interfere with the proper working of SkillsPass or any activities conducted on or through SkillsPass.

3.15 You must not take or attempt any action that, in the sole discretion of the Company, imposes or may impose what the Company deems to be an unreasonable or disproportionately large burden on SkillsPass or the infrastructure of SkillsPass.

3.16 You must not, in the use of SkillsPass, violate any laws in your jurisdiction (including but not limited to copyright laws).

3.17 By accessing SkillsPass, you agree that all matters relating to your use of SkillsPass shall be governed by and construed in accordance with the laws of the Province of Manitoba, without giving effect to any principles of conflict of laws, and the federal laws of Canada applicable therein and that the courts sitting in the Province of Manitoba shall have exclusive jurisdiction to resolve all disputes arising from the use of SkillsPass or otherwise in connection with this Agreement.

3.19 You shall be responsible for obtaining and maintaining all telephones, network access computer hardware and software, and other equipment needed for your access and use of SkillsPass and for any/all charges related thereto.

3.20 You understand and agree that neither SWMB nor the Company are responsible for the Content posted on SkillsPass and that neither SWMB nor the Company shall, under any circumstances, have any liability to you or any user arising out of or in any way in connection with the exposure of any user to Objectionable Content or any other Content. You acknowledge that you may be exposed to such materials and that you use SkillsPass at your own risk.

3.21 The Company will provide a means for you to report Objectionable Content or behaviour that is in violation of this Agreement.

4.0 General Conditions

4.1 The Company and SWMB each reserve the right to modify or terminate operation of, or your access to, the SAFE Work Manitoba Training Portal or SkillsPass or both for any reason, without notice at any time.

4.3 We reserve the right to modify SkillsPass (or any part thereof), including but not limited to the features, look and feel, and functional elements without notice, including without limitation, through bug fixes, patches, and version updates which add, modify, and/or remove features of SkillsPass. You agree that we may install all such updates as required in our sole discretion.

4.2 The Company and SWMB reserve the right to alter this Agreement at any time. The Company and/or SWMB will notify you of any material changes to this Agreement by posting an updated copy on SkillsPass and/or their Websites. Please check the Websites periodically for updates.

4.4 The Company and SWMB reserve the right to refuse access to the SAFE Work Manitoba Training Portal or SkillsPass to anyone for any reason at any time.

4.5 The Company may, but has no obligation to, remove Content and member accounts containing Content that either the Company or SWMB determines in its sole discretion is Objectionable Content or is otherwise in breach of this Agreement.

4.6 SkillsPass, its services, and Content are provided “as is” and without warranties of any kind either express or implied, including, but not limited to, implied warranties of merchantability or fitness for a particular purpose, or the warranty of non-infringement.

4.7 Neither the Company nor SWMB warrants that SkillsPass or the SAFE Work Manitoba Training Portal will be available and/or uninterrupted or error free; nor does it make any warranty as to the results that may be obtained from your use of SkillsPass, or as to the accuracy, reliability, completeness, or content of any information, third party website, software, Content, or merchandise that may be provided through SkillsPass.

4.8 Neither the Company nor SWMB exercises editorial control over Content distributed and published through SkillsPass. Neither the Company nor SWMB pre-screens third-party Content. The views and opinions expressed in such information do not necessarily reflect those of the Company, SWMB, their employees, or their Content providers or licensors. Neither the Company, SWMB, nor their Content providers or licensors make any warranties or representations regarding the accuracy, adequacy, truthfulness, completeness, or usefulness of such information.

4.9 Neither the Company nor SWMB assumes responsibility for any Content or any material outside of SkillsPass which may be accessed through any hypertext or other computer links.

4.10 You acknowledge and agree that we do not control the User Generated Content Submitted to SkillsPass, and agree that we are not responsible for such User Generated Content. The Company assumes no responsibility or liability for this material and assumes no responsibility for monitoring SkillsPass for inappropriate conduct or Content. We specifically disclaim any duty, obligation, or responsibility, to review, screen, refuse to post, remove, or edit any User Generated Content. You are solely responsible for Content you post or transmit to other users. Without limiting the foregoing, we have the right to remove any User Generated Content that violates this Agreement or is otherwise objectionable, as determined by us.

4.11 No statement, information or advice, including, but not limited to, statements regarding capacity, suitability for use or performance, whether made by a Company employee, a SWMB employee, reseller or other representative or otherwise, which is not contained in this Agreement shall be deemed to be a warranty by the Company or SWMB for any purpose or give rise to any liability of the Company or SWMB whatsoever, and you agree that you will not rely on any such statement, information or advice.

4.12 The trademarks, logos, and service marks (“Marks”) displayed on SkillsPass are the property of either the Company or SWMB. You are not permitted to use the Marks unless you have the prior written consent of the owner of the Marks.

5.0 Copyright Terms and Conditions

Regardless of the source of ownership, the following general terms and conditions apply:

5.1 You expressly acknowledge and agree that Content stored on or provided using SkillsPass is protected by copyrights, trademarks, trade secrets, patents or other proprietary rights, as applicable (called “Intellectual Property Rights”), and that these Intellectual Property Rights, registered or otherwise, are valid and protected in all forms, media and technologies existing now or developed later, and that all right, title and interest in and to this Content, including but not limited to all Intellectual Property Rights, belongs solely and exclusively to the owner of the Content. Copying, republishing, or reproduction of any Content is strictly prohibited without the consent of the owner.

5.2 All intellectual property rights, including without limitation copyright, in and to SkillsPass, the Websites and all Content and materials (including, but not limited to, all designs, text, graphics, interfaces, images (and the selection and arrangements thereof), software, hypertext markup language (“HTML”), scripts and active server pages) used in SkillsPass therein are owned by and shall remain owned by the Company, except as otherwise expressly stated in this Agreement.

5.3 The Company and SWMB will obey all relevant copyright laws. The Company will review claims of copyright infringement received and remove Content deemed by either the Company or SWMB, in their discretion, to have been posted or distributed in violation of any such laws.

5.4 The Company grants you a single user, worldwide, non-assignable, royalty-free, non-exclusive license to access and use SkillsPass on a mobile device or computer that you own or control and to run the copy of SkillsPass solely for your own personal or internal business purposes.

5.5 You agree that the grant of the above licenses in SkillsPass and Content (the “Licensed Materials”) are subject to the following conditions and that you shall not directly or indirectly:

(a) reproduce the Licensed Materials or use the Licensed Materials in any compilation or publication in any medium, including without limitation, incorporate the information, Content, or other material in any database, compilation, archive or cache without our prior written consent;
(b) modify, copy, distribute, re-publish, transmit, display, perform, reproduce, publish, reuse, resell, license, create derivative works from, transfer, or sell any information, Content, material, software, products or services (including but not limited to Licensed Materials) obtained through SkillsPass in any way other than as permitted in this Agreement;
(c) create derivative works based on the Licensed Materials other than as permitted in this Agreement;
(d) remove any proprietary notices in relation to our intellectual property rights;
(e) deep-link to SkillsPass for any purpose or access SkillsPass with any robot, spider, web crawler, extraction software, or any other automated process or device to scrape, copy, or monitor any portion of SkillsPass or any information, Content, or material from SkillsPass; or
(f) link or frame to any pages of SkillsPass or any Content contained therein (including but not limited to Licensed Materials), whether in whole or in part, except as provided herein.

5.6 Any rights not expressly granted herein are reserved to the Company.

5.7 You retain all rights in the User Generated Content you Submit through SkillsPass. You grant us a fully paid, royalty-free, perpetual, irrevocable, worldwide, non-exclusive, and fully sublicensable right and license to use, license, distribute, reproduce, modify, adapt, publicly perform, publicly display, derive revenue or other remuneration from, and communicate to the public, all User Generated Content you Submit (in whole or in part) and/or to incorporate it in other works in any form, media, or technology now known or later developed, for the full term of any worldwide intellectual property right, including moral rights, that may exist in such User Generated Content. This includes the right to edit and make formatting changes to your User Generated Content (such as translating it, modifying the size, layout or file type or removing metadata) and the right to make your User Generated Content available on any other sites, applications, and SkillsPass interfaces.

5.8 Each time you Submit User Generated Content to SkillsPass, you warrant that you have good and proper title to the User Generated Content and have all necessary rights, power and authority to grant the above license. You agree that you waive all moral rights you may otherwise have in the User Generated Content.

6.0 Technical Viewing Requirements

6.1 Neither the Company nor SWMB guarantees that SkillsPass will function in every browser and/or platform. SkillsPass will provide information about the recommended and/or minimum browser type, browser settings, plug-ins, and/or platform characteristics required to view a course.

6.2 It is your responsibility to check your computer and software configuration to determine whether you will be able to view Content prior to enrolling.

7.0 Terms of Support

7.1 The SkillsPass support team will respond to questions regarding viewing issues and technical problems. The Company is however not responsible for supporting the accuracy of the Content itself, other than to remove Content in accordance with this Agreement.

8.0 Termination of Accounts

8.1 You may terminate your SkillsPass member account at any time and without cause. If you wish to modify or delete any personal information you submitted to SkillsPass, you may do so by either modifying your profile or contacting us at swmb@skillspass.com. Upon your request, the Company will use commercially reasonable efforts to terminate your member account within fifteen working days from the date of the receipt of your request.

8.2 The Company may, in its sole and absolute discretion, and with or without notice, suspend your access to all or any part of SkillsPass, or terminate this Agreement and your member account and thus your rights to use SkillsPass, for any conduct or use (whether by you or anyone else having access under your member account) that the Company determines is a violation of this Agreement or for any other conduct or use that the Company determines is harmful to other SkillsPass users, SkillsPass Content providers, or to SkillsPass or the interests of the Company or SWMB.

8.3 The termination process will include the following actions:
• Deactivation of your member account from SkillsPass;
• Termination of your access to all Content;
• Termination of all notifications to your email account or text messages;
• Termination of your access to all Content that is protected by password restriction.

8.4 As part of the termination process, the Company has the right to take the following actions at its discretion:
• Deactivation of your membership and access to any/all of the SkillsPass platform;
• Decertification for trainers and training providers;
• Removal of contributions you have made to SkillsPass discussion forums, question/answer forums, comments, and ratings.

8.5 Upon termination of your member account, the training records and training certification records will be maintained by SWMB and the Company in accordance with the Company’s and SWMB’s retention and destruction policy.

8.6 It may be impossible to delete an account, course or training area without some residual information remaining in our system due to the presence of Company and/or SWMB maintained backups and records of deletions. These backups and records of deletion will only be accessed if there is a legitimate business reason for data restoration, audit and/or investigation. The Company and SWMB reserve the right not to delete information in order to comply with applicable local laws or regulations.

8.7 The retention schedule for all user data stored in the SAFE Work Manitoba Training Portal will be established by SWMB.

9.0 Your Remedies

9.1 The Company’s and SWMB’s entire liability to you, and your sole and exclusive remedy, regarding the use of SkillsPass shall be the Company providing you with replacement of a login name(s) or password(s) if a currently valid login name(s) or password(s) fails to allow access to SkillsPass.

9.2 Your sole right with respect to any disagreement or dissatisfaction with (a) this Agreement, as modified from time to time; (b) access to, use of, or performance of SkillsPass, or (c) any SkillsPass Content, is to terminate your account as provided for in this Agreement.

10.0 Limitation of Liability and Indemnity

10.1 TO THE EXTENT PERMITTED UNDER LAW, THE COMPANY, SWMB AND THEIR AFFILIATES SHALL NOT BE LIABLE TO YOU OR OTHERS FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF DATA, OPPORTUNITIES, REPUTATION, PROFITS OR REVENUES, RELATED TO SKILLSPASS, WHETHER IN AN ACTION UNDER CONTRACT, NEGLIGENCE, OR ANY OTHER THEORY, IN ANY MANNER ARISING OUT OF OR IN CONNECTION WITH THE (A) USE, INABILITY TO USE OR PERFORMANCE OF SKILLSPASS, (B) RELIANCE ON INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY SKILLSPASS.

10.2 WITHOUT LIMITING THE ABOVE, THE COMPANY, SWMB, AND/OR THEIR AFFILIATES SPECIFICALLY ASSUME NO RESPONSIBILITY OR LIABILITY IN ANY MANNER:

(a) ARISING OUT OF OR IN CONNECTION WITH ANY INFORMATION, CONTENT, PRODUCTS, OR MATERIAL AVAILABLE ON OR THROUGH SKILLSPASS, AS WELL AS ANY THIRD PARTY WEBSITE PAGES OR ADDITIONAL WEBSITES LINKED TO SKILLSPASS, FOR ANY ERROR, DEFAMATION, LIBEL, SLANDER, OMISSION, FALSEHOOD, OBSCENITY, PROFANITY, DANGER, INACCURACY, OR INCOMPLETENESS IN SKILLSPASS, OR ARISING OUT OF OR IN CONNECTION WITH THE RELIABILITY OR SUITABILITY OF INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED IN ANY OF THE FOREGOING; OR

(b) FOR ANY DAMAGES TO, OR VIRUSES THAT MAY INFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY ON ACCOUNT OF YOUR ACCESS TO, USE OF, BROWSING OF, OR DOWNLOADING OF ANY MATERIAL FROM SKILLSPASS OR FROM THE USE OF ANY MEDIA DEVICES PROVIDED BY THE COMPANY IN CONNECTION WITH SKILLSPASS.

10.3 THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS PROVIDED BY SKILLSPASS (WHETHER PROVIDED BY US, YOU, OTHER USERS, AND AFFILIATES OR THIRD PARTIES), INCLUDING WITHOUT LIMITATION, MATERIAL, TEXT, PHOTOS, GRAPHICS, AUDIO FILES, VIDEO, MEDIA DEVICES, AND LINKS, ARE PROVIDED “AS IS” AND “AS AVAILABLE” WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESS OR IMPLIED. NOT WITHSTANDING THE FOREGOING, THE INFORMATION, CONTENT, PRODUCTS, SERVICES, AND MATERIALS ASSOCIATED WITH ANY COURSE OFFERED THROUGH SKILLSPASS ARE PROVIDED FOR GENERAL INFORMATIONAL PURPOSES AND ARE NOT A SUBSTITUTE FOR CONSULTING A QUALIFIED PROFESSIONAL IN THE APPLICABLE FIELD AND WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, ABOUT THE COMPLETENESS, ACCURACY, RELIABILITY OR SUITABILITY OF INFORMATION, PRODUCTS, SERVICES, OR RELATED GRAPHICS CONTAINED ON ANY OF THE COURSE MATERIALS.

10.4 TO THE MAXIMUM EXTENT PERMITTED BY LAW, WE DISCLAIM ALL REPRESENTATIONS AND WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NONINFRINGEMENT, FREEDOM FROM COMPUTER VIRUS, AND IMPLIED WARRANTIES ARISING FROM COURSE OF DEALING OR COURSE OF PERFORMANCE.

10.5 BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU. IN NO EVENT SHALL THE TOTAL LIABILITY OF THE COMPANY, SWMB AND/OR THEIR AFFILIATES TO YOU FOR ALL DAMAGES, LOSSES AND CAUSES OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING BUT NOT LIMITED TO, NEGLIGENCE) OR OTHERWISE, EXCEED (A) THE AMOUNT PAID BY YOU TO THE COMPANY OR SWMB, IF ANY, OR (B) $100 (WHICHEVER IS LESS).

10.6 This limitation of liability is part of the basis of the bargain between you and us and shall apply to all claims of liability (e.g. warranty, tort, negligence, contract, law) and even if the Company or SWMB or their affiliates has been told of the possibility of any such damage, and even if these remedies fail their essential purpose.

Indemnification by You

10.8 You agree that you will fully indemnify and hold the Company, SWMB, their affiliates, officers, directors, agents and contractors of the foregoing entirely harmless against any claims, costs, damages (whether direct, indirect, or consequential, including lawyers’ fees) made by anyone in connection with your (a) your use of SkillsPass, (b) with User Generated Content or information you Submit on or through SkillsPass, (c) with any alleged infringement of intellectual property right or other right of any person or entity relating to SkillsPass, (d) your violation of this Agreement, and any other acts or omissions relating to SkillsPass.

11.0 Miscellaneous

11.1 You acknowledge that the Company and/or SWMB may be irreparably harmed by any breach of this Agreement by you or by your unauthorized use of SkillsPass or its Content and, further, that monetary damages may not be a sufficient remedy for such harm. You agree that the Company and/or SWMB shall be entitled, without waiving any other rights or remedies and without further demonstration of irreparable harm or the inadequacy of monetary damages, to obtain injunctive or other equitable relief in the event of any breach of this Agreement by you or by your unauthorized use of SkillsPass or its Content.

11.2 In addition to being a part of the subscription form, this Agreement with any modifications, resides on-line at SkillsPass under the Terms of Use link so that you may reference it at any time.

11.3 This Agreement, along with any other agreements which may be entered into between you and the Company or SWMB or both in connection with your use of SkillsPass and BRANDEDNAME, is the entire agreement between the Company, SWMB, and you with respect to SkillsPass. Headings in this Agreement are for your convenience only and do not have any legal meaning or effect. If any part of this Agreement is invalid, the rest of this Agreement will remain in effect. If the Company and/or SWMB waives or fails to enforce any term or condition of this Agreement on any one or more occasions, whether by conduct or otherwise, its waiver or failure to enforce will not mean that it must waive or cannot enforce such term or condition on any other occasion, or any other term or condition of this Agreement. The meaning of this Agreement cannot be changed by your conduct, even if repeated, or by any custom or practice of others engaged in the same or similar businesses.

11.4 The Company can be contacted at Bluedrop ISM Limited., 18 Prescott Street, St. John’s, Newfoundland and Labrador, AIC 3S4, Canada. For technical assistance the SkillsPass platform support can be contacted via e-mail at support@skillspass.com.

11.5 For general inquiries regarding the collection, use, or disclosure of personal information and/or personal health information please contact SWMB’s Access & Privacy Officer at 204-954-4557.

11.6 For specific inquiries about SWMB’s Website please contact SWMB in Winnipeg at 204-957-SAFE (7233) outside Winnipeg 1-855-957-SAFE (7233) or via e-mail at information@safeworkmanitoba.ca.

11.7 You may not assign or transfer this Agreement (or use of SkillsPass) to anyone without our consent. We may assign or license any and all of our rights and obligations under this Agreement to any person as we may, in our sole discretion, deem appropriate, including without limitation in connection with a merger, reorganization or sale of all or substantially all assets or equity interests.

11.8 The Company has created a Privacy Policy (https://bluedropism.com/privacy-policy/) that describes the collection, use, and disclosure practices regarding any personal information that you provide to it. The Company will only use any personal information that it may collect about you in accordance with the privacy policy. The privacy policy forms an essential part of this Agreement and it is important that you read it. By accepting this Agreement you also accept and consent to the Company’s privacy policy.

11.9 You agree SWMB may use your personal information to assist it and the Company, trainers and training providers to create, develop, deliver, audit, and improve products, Content, and communications, send you surveys and notices, for anti-fraud purposes, as well as disclose your personal information to your current or potential employer, your worker, your customer/client, and/or your training provider, as applicable, regarding course registration, expiration, and results, to relevant Manitoba industry-based safety program(s), law enforcement authorities, and/or to the Workplace Safety and Health branch of Manitoba to perform its safety-related mandate, and as otherwise stipulated in this Agreement.