Terms of Service

1. Acceptance of Terms

By accessing, browsing, or using the Time for Change Canada website (the "Site"), operated by Time for Change Canada ("we," "us," or "our"), located at 350 Bay Street, Suite 700, Toronto, ON M5H 2S6, Canada, you acknowledge that you have read, understood, and agree to be bound by these Terms of Service ("Terms"). These Terms constitute a legally binding agreement between you ("you" or "User") and Time for Change Canada.

If you do not agree to these Terms in their entirety, you must immediately cease using the Site and all related services. Your continued use of the Site following any modification to these Terms constitutes acceptance of those modifications.

You must be at least 16 years of age to use this Site. By using the Site, you represent and warrant that you meet this minimum age requirement. If you are under 16, you may not use this Site or submit any personal data through it.

2. Description of Services

Time for Change Canada operates as an academic research initiative that conducts annual surveys capturing the views and experiences of academics, researchers, librarians, and students across Canada and internationally. Through this Site, we provide access to:

• Annual survey results and reports on academic culture, research evaluation, open research practices, and the role of publishers in the scholarly ecosystem.
• Downloadable data files from current and previous survey years, enabling independent analysis.
• Educational resources and articles related to the topics covered by the Time for Change survey program.
• A contact form enabling users to reach our team with questions, feedback, or collaboration proposals.

The services provided through this Site are offered free of charge. We do not sell products or subscriptions. The scope, features, and availability of services may change at any time without prior notice, though we will make reasonable efforts to inform users of significant changes.

3. User Obligations

When using this Site, you agree to the following obligations:

• Lawful use only: You will use the Site solely for lawful purposes and in compliance with all applicable Canadian federal and provincial laws, as well as any applicable international laws.
• No scraping or automated access: You will not use bots, crawlers, scrapers, or any other automated means to access, collect, or extract content from the Site without our express written permission.
• No impersonation: You will not impersonate any person or entity, or falsely state or misrepresent your affiliation with any person, entity, or institution when interacting with the Site or submitting information through forms.
• No interference: You will not attempt to interfere with, disrupt, or compromise the integrity or security of the Site, its servers, or any connected networks.
• No illegal activity: You will not use the Site to distribute malware, engage in phishing, transmit spam, or conduct any activity that is fraudulent, deceptive, or harmful.
• No unauthorized reproduction: You will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Site or its content for commercial purposes without our written consent.
• Accurate information: Any information you submit through forms on this Site must be accurate, complete, and current. You are solely responsible for the accuracy of information you provide.

We reserve the right to investigate and take appropriate legal action against anyone who violates these obligations, including but not limited to removing offending content, terminating access to the Site, and reporting violations to law enforcement authorities.

4. Intellectual Property

All content on this Site, including but not limited to text, graphics, logos, icons, images, data compilations, survey reports, downloadable files, and software, is the property of Time for Change Canada or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws.

You are granted a limited, non-exclusive, non-transferable, revocable license to access and use the Site and its content for personal, non-commercial, educational, and research purposes only. This license does not include the right to:

• Modify, adapt, or create derivative works based on the Site content without attribution and written permission.
• Use any data mining, robots, or similar data-gathering and extraction methods on Site content.
• Download or copy Site content for commercial redistribution or resale.
• Remove or alter any copyright, trademark, or other proprietary notices from the content.

Survey data published under open-access terms may be subject to specific licensing conditions stated alongside the download. Where Creative Commons or similar licenses are specified for downloadable data, those license terms apply to that specific content. All other content remains subject to the restrictions described in this section. The "Time for Change" name and logo are trademarks of Time for Change Canada and may not be used without prior written authorization.

5. Disclaimers

The Site and all content, materials, information, services, and products available through the Site are provided on an "as is" and "as available" basis, without warranties of any kind, whether express, implied, or statutory. To the fullest extent permitted by applicable law, Time for Change Canada disclaims all warranties, including but not limited to:

• Accuracy: We do not warrant that the information on the Site, including survey data and reports, is complete, accurate, reliable, or current. Survey results represent the opinions of respondents at the time of data collection and may not reflect the views of any institution, publisher, or funding body.
• Availability: We do not warrant that the Site will be available uninterrupted, secure, or free from errors, viruses, or other harmful components at all times.
• Fitness for purpose: We do not warrant that the Site or its content will meet your specific requirements or expectations, or that any particular outcome will result from the use of our survey data or reports.

The content on this Site is for informational and educational purposes only and does not constitute professional, financial, legal, academic, or career advice. You should not rely solely on information obtained from this Site when making decisions about your research, career, or institutional policies. Always consult with qualified professionals for guidance specific to your circumstances.

6. Limitation of Liability

To the maximum extent permitted by applicable law, Time for Change Canada, its directors, officers, employees, affiliates, agents, partners, and licensors shall not be liable for any indirect, incidental, special, consequential, or punitive damages, including but not limited to loss of profits, data, use, goodwill, or other intangible losses, resulting from:

• Your access to, use of, or inability to access or use the Site.
• Any conduct or content of any third party on the Site.
• Any content obtained from the Site, including survey data, reports, or downloadable files.
• Unauthorized access, use, or alteration of your transmissions or content.
• Any reliance placed by you on information obtained through the Site.

In no event shall Time for Change Canada's total aggregate liability to you for all claims arising out of or relating to the use of the Site or these Terms exceed one hundred Canadian dollars (CAD $100.00). This limitation of liability applies whether the alleged liability is based on contract, tort, negligence, strict liability, or any other legal theory, even if Time for Change Canada has been advised of the possibility of such damages.

7. Indemnification

You agree to defend, indemnify, and hold harmless Time for Change Canada, its directors, officers, employees, affiliates, agents, and licensors from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys' fees) arising out of or relating to: (a) your violation of these Terms; (b) your use or misuse of the Site; (c) any content you submit or transmit through the Site; (d) your violation of any third-party rights, including intellectual property rights; or (e) your violation of any applicable law, rule, or regulation. This indemnification obligation shall survive the termination of these Terms and your use of the Site.

8. Third-Party Links

The Site may contain links to third-party websites, services, or resources that are not owned or controlled by Time for Change Canada. These links are provided solely for your convenience and informational purposes. We have no control over the content, privacy policies, or practices of any third-party websites or services, and we do not endorse, guarantee, or assume responsibility for any of them.

You acknowledge and agree that Time for Change Canada shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or reliance on any content, goods, or services available on or through any third-party website or service. We strongly advise you to read the terms of service and privacy policies of any third-party websites you visit.

9. Privacy

Your use of the Site is also governed by our Privacy Policy, which is available at our Privacy Policy page. The Privacy Policy describes how we collect, use, store, and protect your personal data, including information about cookie usage, analytics tracking, advertising technologies, and your rights under the General Data Protection Regulation (GDPR) and applicable Canadian privacy laws including the Personal Information Protection and Electronic Documents Act (PIPEDA).

By using the Site, you acknowledge that you have reviewed our Privacy Policy and consent to the practices described therein. If you do not agree with our Privacy Policy, you should discontinue use of the Site immediately.

10. Governing Law and Jurisdiction

These Terms shall be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without regard to conflict of law principles. Any legal proceedings arising out of or relating to these Terms or your use of the Site shall be brought exclusively in the courts of competent jurisdiction located in Toronto, Ontario, Canada.

You irrevocably submit to the exclusive jurisdiction of such courts and waive any objection to the exercise of jurisdiction over you by such courts and to the venue of proceedings in such courts. If any provision of these Terms is found to be unenforceable or invalid by a court of competent jurisdiction, that provision shall be limited or eliminated to the minimum extent necessary so that these Terms shall otherwise remain in full force and effect.

11. Dispute Resolution

In the event of any dispute, claim, or controversy arising out of or relating to these Terms or your use of the Site, you agree to first attempt to resolve the dispute informally by contacting us at [email protected]. We will endeavor to resolve any dispute within thirty (30) calendar days of receiving your written notice.

If the dispute cannot be resolved informally within the thirty-day period, either party may submit the dispute to binding arbitration administered by the ADR Institute of Canada in accordance with its Arbitration Rules. The arbitration shall take place in Toronto, Ontario, and shall be conducted in English. The arbitrator's decision shall be final and binding on both parties and may be entered as a judgment in any court of competent jurisdiction.

Notwithstanding the foregoing, either party may seek injunctive or other equitable relief in any court of competent jurisdiction to prevent the actual or threatened infringement, misappropriation, or violation of intellectual property rights or confidential information.

12. Termination

We reserve the right to suspend or terminate your access to the Site, without prior notice or liability, for any reason, including but not limited to a breach of these Terms. Upon termination, your right to use the Site will immediately cease.

All provisions of these Terms that by their nature should survive termination shall survive, including but not limited to intellectual property provisions, warranty disclaimers, limitation of liability, indemnification obligations, and governing law clauses. Termination of your access does not relieve you of any obligations incurred prior to termination or of any liability for damages caused by your breach of these Terms.

13. Changes to Terms

Time for Change Canada reserves the right to modify or replace these Terms at any time at our sole discretion. When we make material changes to these Terms, we will provide notice by posting a prominent banner on the homepage of the Site at least fourteen (14) calendar days before the revised Terms take effect. The "Last Updated" date at the top of this page will be revised to reflect the date of the most recent changes.

By continuing to access or use the Site after any revisions become effective, you agree to be bound by the revised Terms. If you do not agree to the new Terms, you must stop using the Site. We encourage you to review these Terms periodically for any changes. Your continued use of the Site following the posting of revised Terms means that you accept and agree to the changes.

14. Contact Information

If you have any questions, concerns, or comments about these Terms of Service, please contact us using the details below:

15. Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable for any reason by a court or other tribunal of competent jurisdiction, such provision shall be eliminated or limited to the minimum extent necessary, and the remaining provisions of these Terms shall continue in full force and effect. The invalidity or unenforceability of any particular provision does not affect the validity or enforceability of any other provision of these Terms.

16. Entire Agreement

These Terms, together with the Privacy Policy, constitute the entire agreement between you and Time for Change Canada regarding your use of the Site. These Terms supersede any prior agreements, communications, and proposals, whether oral or written, between you and Time for Change Canada with respect to the Site. No waiver of any provision of these Terms shall be deemed a further or continuing waiver of such provision or any other provision, and our failure to assert any right or provision under these Terms shall not constitute a waiver of such right or provision.