Terms of Use

Last updated: August 23, 2021

Agreement

The Toronto Transit Commission Pension Fund Society (hereinafter referred to as “us”, “we” and/or the “TTC Pension Plan”) welcomes you to our website at ttcpp.ca (the “Site”). The Site is intended to provide information about the pension funds that the TTC Pension Plan administers for employees of the Toronto Transit Commission (“TTC”), the Amalgamated Transit Union Local 113 (“ATU”) and the TTC Pension Plan.

By accessing and using this Site, you signify that you have read, fully understand and agree to be legally bound by these Terms of Use (the “Terms of Use” or “Agreement”) and to comply with all applicable laws and regulations as they may change from time to time. IF YOU DO NOT ACCEPT AND AGREE TO BE LEGALLY BOUND BY AND COMPLY WITH THESE TERMS OF USE, YOU ARE NOT PERMITTED TO ACCESS OR USE THE SITE. We suggest you print a copy of these Terms of Use for your records.

Subject to applicable law, we reserve the right, in our sole and absolute discretion, to modify all or any portion of this Agreement at any time without incurring any liability or obligation whatsoever to you or any other person or entity. Any changes will become effective upon posting to the Site, along with the date on which it was most recently updated as indicated by the “Last Updated” date on this page. Your continued access to or use of the Site after any such changes indicates your acceptance of the Terms and Conditions of Use as modified. It is your responsibility to review the Terms and Conditions of Use regularly for updates.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Site, without notice, and that we will not be responsible or liable, directly or indirectly, to you or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance.

Code of Conduct

Certain features and/or portions of this Site may (or may in the future) permit you to transmit content that you have created to the TTC Pension Plan (the “User Content”).

  1. You hereby agree that you shall not use the Site to submit or transmit through, or to, the Site any User Content that:
    1. Violates any law or regulation;
    2. infringes, or might infringe, the intellectual property rights, privacy rights, rights of publicity, or other proprietary rights of others or give rise to any claims for payment whatsoever; or
    3. contains any viruses, trojan horses, time bombs, or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment.
  2. You hereby agree that you shall not use the Site to:
    1. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Site;
    2. collect information about others without their consent; and/or
    3. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.
  3. Further, you hereby agree that you shall not engage in prohibited or unauthorized use of or access to the Site or of the TTC Pension Plan systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Site.

Our Intellectual Property Rights in the Site and its Content

The Site consists of various graphics, texts, icons and buttons that have been provided by the TTC Pension Plan and/or other entities under our direction (e.g. site designers). All such content is owned by the TTC Pension Plan and/or the applicable third party entity. For greater certainty, the TTC Pension Plan and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Site, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Site Content”).

You hereby acknowledge that the Site Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Site does not grant or transfer to you any ownership or other rights in the Site Content, and except as expressly provided, nothing herein or within the Site shall be construed as conferring on you or any other person any license under any of the TTC Pension Plan’s or any third party’s intellectual property rights, including, without limitation, any right to download, display, reproduce, distribute, modify, edit, alter or enhance any of the Site Content in any manner whatsoever.

Any rights not expressly granted to you in these Terms of Use are expressly reserved by the TTC Pension Plan. For greater certainty, you agree that you will not take any action that is inconsistent with the TTC Pension Plan ownership of the Site and/or the TTC Pension Plan ownership of, or any third party’s ownership of, any Site Content. Without limiting the generality of the foregoing, users of this Site shall be entitled to copy Site Content contained within this Site only for their own personal and non-commercial use, but may not republish or reproduce any such Site Content in any manner without the prior written consent of the TTC Pension Plan.

The TTC Pension Plan hereby grants each user of this Site a limited, non-exclusive and revocable permission to make personal and non-commercial use of the Site and its Site Content. For greater certainty, this limited license only allows you to view, download or print materials from this Site for your own personal and non-commercial use (provided all original copyright, trade-mark and other notices are preserved in their original form). This limited license does not include any rights not specifically stated in these Terms of Use, and, for greater certainty, does not include permission to copy, redistribute, reproduce or republish, in any form, any content contained within this Site.

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Site may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of the TTC Pension Plan or other entities. Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by the TTC Pension Plan are the property of their respective owners, and, where used by the TTC Pension Plan are used under license or with permission. All Trade-marks are and shall remain the sole and exclusive property of their respective owner(s). Any use of such Trade-marks, except as expressly provided for herein, without the express written consent of the applicable owner is strictly prohibited. Nothing contained herein or on this Site may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s). You agree that you will not take any actions inconsistent with the TTC Pension Plan ownership of, or any third party’s ownership of, the Trade-marks.

You License your User Content to the TTC Pension Plan

Certain features and/or portions of this Site permit you to transmit User Content. By providing User Content, you are giving the TTC Pension Plan permission to forever use any User Content you submit on or through the Site.

By using the Site and providing User Content, you: (i) grant the TTC Pension Plan a world-wide, perpetual, irrevocable, transferable, sub-licensable, royalty-free, non-exclusive, and unrestricted license to copy, reproduce, adapt, transmit, edit, modify, or otherwise use, publicly display, distribute, translate and create compilations and derivative works from, any and all User Content (in any format or media) that you submit to or through, the Site; and (ii) waive all moral rights in and to all User Content that you post on, upload or otherwise submit to or through, the Site in favour of the TTC Pension Plan. For greater certainty, this means that, among other things, the TTC Pension Plan has the right to use any and all ideas you submit (including ideas about our plans, services, publications or campaigns) in any manner that we choose, without any notice or obligation to you whatsoever.

Indemnification by User

By using the Site, you hereby agree to release, indemnify, defend and hold harmless the TTC Pension Plan, and each of its respective agents, employees, directors, successors, and assigns (collectively, the “Releasees”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of the Site, the Site Content, User Content, and/or breach of these Terms of Use, including, without limitation, any and all claims based on publicity rights, defamation, invasion of privacy, copyright infringement, trade-mark infringement or any other cause of action.

Notice of Infringing Content

We reserve the right, in our sole and absolute discretion, to modify, edit or remove any Site Content, if a complaint or notice of allegedly infringing materials is received with respect to the User Content, or for any other reason.

To complain about Site Content and/or to provide notice of allegedly infringing materials on the Site, please contact us using the contact information below.

Disclaimer and Limitation of Liability

TO THE EXTENT PERMITTED BY THE APPLICABLE LAW, THE SITE AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE SITE IS PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS, AND WITHOUT ANY REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED. ALL CONDITIONS, REPRESENTATIONS AND WARRANTIES, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE ARE HEREBY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASEES MAKE NO REPRESENTATION OR WARRANTY THAT: (i) THE SITE WILL BE COMPATIBLE WITH YOUR COMPUTER AND SOFTWARE; (ii) THE SITE WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (iii) THE USE OF THE SITE, INCLUDING, WITHOUT LIMITATION, THE BROWSING AND DOWNLOADING OF ANY INFORMATION, WILL BE FREE OF ANY VIRUSES, TROJAN HORSES, WORMS OR OTHER DESTRUCTIVE, INTRUSIVE OR DISRUPTIVE COMPONENTS; (iv) THE TRANSMISSION OF INFORMATION TO AND FROM THE SITE WILL BE SECURE; (v) THE USE OF THE SITE WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (vi) THE USE OF THE SITE WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, DEVICES, SOFTWARE OR ELECTRONIC FILES.

THE RELEASEES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE SITE. YOU EXPRESSLY ACKNOWLEDGE THAT COMPANY HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE SITE AVAILABLE TO YOU, IN RELIANCE UPON THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN, AND THAT THE SAME FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN YOU AND THE TTC PENSION FUND. YOU EXPRESSLY AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY AND THE DISCLAIMERS SET FORTH HEREIN WILL SURVIVE, AND CONTINUE TO APPLY IN THE CASE OF A FUNDAMENTAL BREACH OR BREACHES, THE FAILURE OF ESSENTIAL PURPOSE OF CONTRACT, THE FAILURE OF ANY EXCLUSIVE REMEDY, OR TERMINATION OF THIS AGREEMENT.

Electronic Transmissions

The transmission of data or information over the internet or other forms of networks may not be secure, and is subject to possible loss, interception or alteration while in transit. The Releases do not assume any liability for any damage you may experience or costs you may incur as a result of any electronic transmissions over the internet or otherwise within the Site, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information). Subject to applicable law, in no event will the information you provide on or through the Site be deemed to be confidential, create any fiduciary obligations to you on our part, or result in any liability to you on our part in the event that such information is inadvertently released by us or accessed by third parties without your consent. You should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the software with your specific computer system. You should ensure that you have a complete and current backup of the information contained on your computer system prior to installing any such software.

Privacy

Without limiting the generality of these Terms of Use, your use of the Site is also subject to the terms of our Site Privacy Policy. Please carefully review our Site Privacy Policy. By using the Site, you agree that you have read, fully understand and agree to our Site Privacy Policy.

Accuracy and Changes

TTC Pension Plan may make changes to any information or content on this Site or remove such information and content, at any time and without prior notice. Please consult the TTC Pension Plan for complete and up-to-date information on products and services. Unfortunately, there may sometimes be information on the Site that contains typographical errors, inaccuracies, or omissions, or that is out of date. We reserve the right, in our sole and absolute discretion, to correct any such errors, inaccuracies or omissions and to change or update information at any time.

Governing Law and Jurisdiction

These Terms, and all related matters shall be governed solely by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, and this agreement is deemed entered in Ontario, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of the Province of Ontario in the City of Toronto in relation to all disputes arising from or related to this Agreement, and any related matters.

Links

This Site may contain links to websites that are independently owned and operated by third parties. These other websites may have their own privacy policies and terms and conditions that are not governed by these Terms of Use. We are not responsible for the privacy practices or the content of any website(s) owned and operated by any such third parties. Other websites may collect and treat information collected differently, so we encourage you to carefully read and review the privacy policy for each website you visit. Any links from this Site to other websites, or references to products, services or publications other than those of the TTC Pension Plan, do not imply the endorsement or approval of such websites, products, services or publications by the TTC Pension Plan.

Termination

If you breach any provision of these Terms of Use you may no longer use the Site. We may, in our sole discretion, change, suspend or terminate, temporarily or permanently, the Site or any part thereof or any of its features at any time, for any reason, without any notice or liability to you or any other entity. If these Terms of Use or your permission to use the Site is terminated by us for any reason, the Agreement formed by your acceptance of these Terms of Use will nevertheless continue to apply and be binding upon you in respect of your prior use of the Site and anything relating to or arising from such use. If you are dissatisfied with the Site or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Site. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

General

If any provision of these Terms of Use is held invalid or unenforceable by any court having competent jurisdiction, such provision shall be enforced to the maximum extent permitted by law, and the remaining provisions of these Terms of Use shall continue in full force and effect. No failure to exercise or waiver of any provision of these Terms of Use shall be deemed a further or continuing waiver of such provision or any other provision of these Terms of Use. You agree to the use of electronic signatures and documents. You agree that your name and signature shall be affixed to this agreement and constitute your electronic signatures to the same extent as if you had used your written signature.

These Terms of Use are binding upon you, your heirs, executors, beneficiaries, successors and assigns and you may not assign this Agreement to any other party without our prior written consent, which consent may be withheld in our sole and absolute discretion.

Contact Us

TTC Pension Plan
2 Bloor Street East, Suite 1901, PO Box 79
Toronto, Ontario  M4W 1A8
 

membercare@ttcpp.ca
1-800-663-6820

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