STF App Terms of Service

Welcome to the STF App Terms of Service and Conditions of Use. These Terms of Service and Conditions of Use, together with the documents referenced herein (collectively the “Terms“), apply to the Saskatchewan Teachers’ Federation app (the “App“). It is really important that you take the time to read and understand these Terms. Once you access, view or use the App, you will be legally bound by these Terms. You (“you,” the App user) may only utilize the App in accordance with these Terms.

The Saskatchewan Teachers’ Federation (“STF” “we,” “us,” or “our”) permits you to use the App subject to these Terms and any applicable rules applied by the app marketplace from which you downloaded the App (e.g. Apple App Store or Google Play).

Our services and the App are meant to evolve. The Terms may change from time to time. We may change the Terms for a variety of reasons including to reflect changes in the law, new features, changing business practices or just finding a better way to do things. The most recent version of this Agreement will be available from our website.

The most recent version of the Terms applies. Your use of the App after such revised Terms are made available will signify your acceptance of such revised Terms and your agreement to be bound by them. If the changes to the Terms contain any material changes that affect your rights or responsibilities, we will notify you in advance of the change by reasonable means. This could include a direct notification through the App.

Device Requirements

In order to use the App, you must have a compatible device that meets the following specifications:

  • iOS 11 and above on iPhone / iPad
  • Android Version 8.x and above on Android device

Any device on which you download the App will be known as a “Device” for the purposes of these Terms. Using the App on a Device that does not meet the above specifications may provide you with an experience less than what is intended. We are in no way responsible for a degradation in App-use experience because of installation to a non-compatible Device.

ACKNOWLEDGEMENTS

From time to time, updates to the App may be made available through the App Store and Play Store. Depending on the update and whether you utilized the App Store or Play Store to download and access the App, you may not be able to use the App until you have installed the latest version.

You confirm that you either own the applicable Device, or if not owned by you, you have obtained permission to install and use the App on such Device.

You confirm that you are of legal age in your country to form a binding contract and hereby agree to be bound by these Terms. If you are an employee or other representative of a business or other entity and you are using the App in your representative capacity, then you hereby represent that you are authorized to use the App as a representative of the entity and agree to these Terms on behalf such entity.

You represent and warrant to us that you are not located in a country that is subject to a Canadian Government embargo or that has been designated by the Canadian Government as a “terrorist supporting” country, and that you are not listed on any Canadian Government list of prohibited or restricted parties.

Members Section

The Members section of the App is intended for use only by persons who are current members of the Saskatchewan Teachers’ Federation in good standing. By accessing the Members section, you represent and warrant to us that you are a current member of the Saskatchewan Teachers’ Federation.

The Members section of the App may contain confidential information. In addition to any other obligation herein imposed upon you, you are expressly agreeing to maintain the strict confidentiality of any and all information that you access within the Members section of the App.

You acknowledge that remedies at law may be inadequate to protect us against any actual or threatened breach of this section by you and, without prejudice to any other rights and remedies otherwise available to us, you agree to allow the seeking of injunctive or other equitable relief in our favour without the requirement of providing proof of actual damages.

PRIVACY

For information on how we collect and use your personal information, please review our Privacy Notice at https://www.stf.sk.ca/privacy-notice. By using the App, you agree that we can use your personal information in accordance with our Privacy Policy.

THIRD PARTY CONTENT

The App may contain links to independent third party websites or other applications (Third Party Sites). Third Party Sites are not under our control, and you agree that we are not responsible for and do not endorse or monitor their content or privacy policies (if any). We expressly disclaim any liability for loss or damage sustained by you as a result of the accessing and use of Third Party Sites.

Third Party Integration

The App may be dependent on and/or interoperate with third party owned and/or operated platforms and services, e.g., Apple (iTunes, etc.), Google, Facebook, Twitter, etc. (each a Third Party Platform) and may require that you be a registered member of such Third Party Platforms and provide certain account credentials and other information in order to access the App. By using the App, you agree to comply with any applicable terms, conditions or requirements promulgated by any provider of a Third Party Platform (e.g., Facebook’s Terms of Use, iTunes Store Terms of Use, etc.).

Push Notifications

We may provide you with push notifications, alerts and other messages related to the App such as bulletins, news releases, enhancements, offers, event notices and other communications. After downloading the App, you will be asked to accept or deny push notifications/alerts. If you deny, you will not receive any push notifications/alerts. If you accept, push notifications/alerts will be automatically sent to you. If you no longer wish to receive push notifications/alerts from the App, you may opt out by changing your notification settings on your mobile device.

LICENSE

All information contained within and displayed through the operation of the App belongs to us (Our Content). Our Content includes, without limitation, all of the text, content, graphics, user interfaces, trademarks, images, logos, sound, artwork, unique gestures and other intellectual property appearing on the App. We have the rights through ownership, licence or otherwise to use our content, and such content is protected by copyright, trademark or other intellectual property rights laws. All rights, title and interest in and to Our Content remains with us at all times.

Subject to these Terms, the Privacy Policy and the rules from relevant Third Party Platforms (as applicable), we grant to you a non-exclusive, limited, personal, non-transferable, revocable, licence to access and use Our Content, without the right to sub-licence, under the following conditions:

  1. You shall not use, sell, modify or distribute Our Content except as permitted by the functionality of the App.
  2. You shall not use our name in metatags, keywords and/or hidden text.
  3. You shall not create derivative works from Our Content or commercially exploit Our Content, in whole or in part, in any way.
  4. You shall use Our Content for lawful purposes only.

We reserve all other rights.

LICENSE RESTRICTIONS 

Except as expressly permitted under these Terms, and unless prohibited by applicable law, you agree: 

  1. Not to copy, reproduce, republish, reuse, upload, post, transmit or distribute any content presented in or provided by the App, including without limitation for public or commercial purposes, including any text, images, audio and video.
  2. Not to rent, lease, sub-licence, loan, distribute, time-share or translate the App in any way.
  3. Not to make alterations to, or modifications of, the whole or any part of the App or permit the App or any part of it to be combined with, or become incorporated in, any other programs.
  4. Not to disassemble, decompile, reverse-engineer or create derivative works based on the whole or any part of the App.
  5. Not to sell, resell or exploit the App in whole or in part (including object and source code) in any form to any person without prior written consent from us. 
  6. Not to remove any copyright, trademark or other proprietary rights notices from the App.

ADDITIONAL RESTRICTIONS

You agree not to:

  1. Use the App in any unlawful manner, for any unlawful or criminal purpose, or in any manner inconsistent with these Terms or act fraudulently or maliciously, for example, by hacking into or inserting a malicious code, including viruses or harmful data, into the App.
  2. Use the App to record, post or transmit any information that is defamatory, threatening, abusive, offensive, obscene, indecent, discriminatory or is otherwise objectionable or infringes on third party rights.
  3. Use the App in a way that could damage, disable, overburden, impair or compromise our systems or security or interfere with other users, or restrict or inhibit any other users from using the App (including by hacking or defacing the App).
  4. Collect or harvest any information or data from the App or our systems or attempt to decipher any transmissions to or from the servers running the App including, without limitation, by using any robot, spider, site search/retrieval application or other manual or automatic device to retrieve, index, “scrape,” “data mine” or in any way gather the App content or reproduce or circumvent the navigational structure or presentation of the App without our prior written consent. 

INTELLECTUAL PROPERTY RIGHTS

You acknowledge that:

(i) All intellectual property rights in and to the App belong to the STF or their licensors.

(ii)The rights granted herein are licensed (not sold) to you.

(iii)You have no rights in, or to, the App or its content other than the right to use the App in accordance with these Terms.

In the event that you elect to share information with the STF through the App’s “Email Us” function, you agree and acknowledge that:

(i) All information supplied by you is either original to you, or you have the right to share it with the STF.

(ii)The STF may utilize the information you supply, in whole or in part, in any manner in connection with the App.

(iii) Any modifications or improvements made to the App or STF’s products or services as a result of your feedback are owned and controlled solely by the STF.

(iv) You have no right, title or interest in or to the App as a result of sharing your feedback. Do not submit any confidential, proprietary or personal information through the “Email Us” function.

All trademarks, service marks, trade names and logos displayed in the App are proprietary to the STF or used by the STF with the permission of its third party providers. Nothing contained in this App should be construed as granting, by implication, estoppel or otherwise, any licence or right to use any trademark displayed on this website without the written permission of the STF. Your use of the trademarks displayed in this App, or any other content in this App except as provided herein, is strictly prohibited. You acknowledge that you have no right to have access to the App in source code form.

DISCLAIMER

THERE ARE CERTAIN THINGS THAT WE DO NOT PROMISE ABOUT THE APP OR OUR SERVICES:

THE APP AND OUR CONTENT ARE PROVIDED TO YOU ON AN “AS IS” AND “AS AVAILABLE” BASIS WITHOUT ANY WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT.

IF THE APPLICABLE LAW DOES NOT PERMIT THE FOREGOING EXPRESS EXCLUSION OF EXPRESS OR IMPLIED WARRANTIES, THEN WE GRANT THE MINIMUM EXPRESS OR IMPLIED WARRANTY REQUIRED BY THE APPLICABLE LAW. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, SHALL CREATE ANY WARRANTY, REPRESENTATION OR GUARANTEE NOT EXPRESSLY STATED IN THIS SECTION.

WE ALSO MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE APP OR OUR WEBSITE WILL BE UNINTERRUPTED, SECURE OR ERROR FREE. OR THAT YOUR USE OF THE APP OR WEBSITE WILL MEET YOUR EXPECTATIONS, OR THAT THE APP OR WEBSITE, OR ANY PORTION THEREOF, IS CORRECT, ACCURATE OR RELIABLE.

THE STF SHALL NOT BE LIABLE FOR ANY DAMAGES, DIRECT, INDIRECT, CONSEQUENTIAL, INCIDENTAL, PUNITIVE OR SPECIAL INCLUDING, WITHOUT LIMITATION, LOSS OF DATA, PROFIT OR GOODWILL, INCOME, LOSS OF OR DAMAGE TO PROPERTY AND CLAIMS OF THIRD PARTIES ARISING OUT OF YOUR ACCESS TO OR USE OF THE APP, SITE, OUR CONTENT OR ANY MEMBER CONTENT, HOWEVER CAUSED, WHETHER BASED ON BREACH OF CONTRACT, TORT (INCLUDING NEGLIGENCE), PROPRIETARY RIGHTS INFRINGEMENT, PRODUCT LIABILITY OR OTHERWISE.

THE FOREGOING SHALL APPLY EVEN IF WE WERE ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IF YOU BECOME DISSATISFIED WITH THE APP, YOUR ONLY REMEDY IS TO STOP YOUR USE OF THE APP OR THE WEBSITE.

YOU HEREBY WAIVE ANY AND ALL CLAIMS ARISING OUT OF YOUR USE OF THE APP OR WEBSITE. BECAUSE SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN TYPES OF DAMAGES. THESE PROVISIONS MAY NOT APPLY TO YOU. IF ANY PORTION OF THIS LIMITATION ON LIABILITY IS FOUND TO BE INVALID OR UNENFORCEABLE FOR ANY REASON, THEN OUR AGGREGATE LIABILITY SHALL NOT EXCEED ONE HUNDRED DOLLARS ($100).

THE LIMITATIONS ON LIABILITY IN THESE TERMS ARE FUNDAMENTAL ELEMENTS OF THE BASIS OF OUR AGREEMENT AND REFLECT A FAIR ALLOCATION OF THE RISK BETWEEN YOU AND US. THE APP AND WEBSITE WOULD NOT BE PROVIDED TO YOU FOR USE WITHOUT SUCH LIMITATIONS IN PLACE, AND YOU AGREE THAT THE LIMITATIONS AND EXCLUSIONS OF LIABILITY, DISCLAIMERS AND EXCLUSIVE REMEDIES SPECIFIED HEREIN WILL SURVIVE EVEN IF FOUND TO HAVE FAILED IN THEIR ESSENTIAL PURPOSE.

WE RESERVE THE RIGHT, TEMPORARILY OR PERMANENTLY, IN WHOLE OR IN PART, TO MODIFY, SUSPEND OR DISCONTINUE THE APP WITHOUT NOTICE FOR ANY REASON WITHOUT LIABILITY TO YOU, EXCEPT WHERE PROHIBITED BY APPLICABLE LAW. 

YOU ACKNOWLEDGE THAT THE APP IS PROVIDED OVER THE INTERNET AND MOBILE NETWORKS AND SO THE QUALITY AND AVAILABILITY OF THE APP MAY BE AFFECTED BY FACTORS OUTSIDE OUR REASONABLE CONTROL. ACCORDINGLY, WE DO NOT ACCEPT ANY RESPONSIBILITY FOR ANY CONNECTIVITY ISSUES THAT YOU MAY EXPERIENCE WHEN USING THE APP. IN ADDITION, YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT US) ARE RESPONSIBLE FOR OBTAINING AND MAINTAINING ALL TELECOMMUNICATIONS, BROADBAND AND COMPUTER HARDWARE, EQUIPMENT AND SERVICES NEEDED TO ACCESS AND USE THE APP, AND FOR PAYING ANY DATA CHARGES THAT MAY BE CHARGED TO YOU BY YOUR NETWORK PROVIDER IN CONNECTION WITH YOUR USE OF THE APP. IN THE EVENT YOU CHOOSE TO SHARE INFORMATION FROM THE APP BY UTILIZING SMS/TEXT FUNCTIONALITY, YOU ACKNOWLEDGE AND AGREE THAT YOU (AND NOT US) ARE RESPONSIBLE FOR PAYING ANY RELATED FEES THAT MAY BE CHARGED TO YOU BY YOUR NETWORK OR TELECOMMUNICATIONS PROVIDER.

INDEMNIFICATION

You agree to indemnify, defend, release and hold us and our partners, licensors, affiliates, contractors, officers, directors, employees, representatives and agents, harmless from and against any third party claims, damages (actual and/or consequential), actions, proceedings, demands, losses, liabilities, costs and expenses (including reasonable legal fees) suffered or reasonably incurred by us arising as a result of, or in connection, with:

  1. Any negligent acts, omissions or willful misconduct by you.
  2. Your access to and use of the App.
  3. Any breach of these Terms by you.
  4. Your violation of any law or of any rights of any third party.

We retain the exclusive right to settle, compromise and pay any and all claims or causes of action that are brought against us without your prior consent. If we ask, you will co-operate fully and reasonably as required by us in the defence of any relevant claim.

Third Party App Stores

The terms in this section apply if you download the App from the Apple App Store ®, Google Play or other mobile or web application platforms or storefronts authorized by us (each a Third Party Store). To the extent that the other terms and conditions of these Terms are less restrictive than, or otherwise conflict with, the terms and conditions of this section, the more restrictive or conflicting terms and conditions in this section will apply but solely with respect to the App and the Third Party Store.

You acknowledge and agree that:

  1. These Terms are concluded solely between you and the STF and not with the providers of the Third Party Store, and the STF (and not the Third Party Store providers) is solely responsible for the App and the content thereof. To the extent that these Terms provide for usage rules for the App that are less restrictive or in conflict with the applicable terms of service of the Third Party Store from which you obtain the App, the more restrictive or conflicting term of the Third Party Store will take precedence and will apply.
  2. The Third Party Store provider has no obligation whatsoever to provide any maintenance and support services with respect to the App. The STF is solely responsible for any product warranties, whether express or implied by law, to the extent not effectively disclaimed. The Third Party Store provider will have no warranty obligation whatsoever with respect to the App, and any other claims, losses, liabilities, damages, costs or expenses attributable to any failure to conform to any warranty will be the sole responsibility of the STF.
  3. The STF, not the Third Party Store provider, is responsible for addressing any claims you or any third party may have relating to the App or your possession and/or use of the App including but not limited to:

    (i) Product liability claims.

    (ii) Any claim that the App fails to conform to any applicable legal or regulatory requirement.

    (iii)Claims arising under consumer protection or similar legislation.

    (iv) Intellectual property infringement claims.

  4. The Third Party Store provider and its subsidiaries are third party beneficiaries of this Agreement, and, upon your acceptance of these Terms, the Third Party Store provider from whom you obtained the App will have the right (and will be deemed to have accepted the right) to enforce these Terms against you as a third party beneficiary thereof.

TERMINATION  

We may discontinue, suspend or modify the App at any time without notice and may block, terminate or suspend your access to the App at any time without notice for any reason in our sole discretion even if access continues to be allowed to others. Upon termination, you must cease use of the App and remove it from all applicable Devices. 

LAW AND JURISDICTION

Your access to the App and Our Content, as well as these Terms, are governed and interpreted by the laws of the Province of Saskatchewan, other than such laws, rules, regulations and case law that would result in the application of the laws of a jurisdiction other than the Province of Saskatchewan. By using the App, you are consenting to the exclusive jurisdiction of the courts of the Dominion of Canada and the Province of Saskatchewan. You agree that such courts shall have in personam jurisdiction and venue and waive any objection based on inconvenient forum. You agree that you will not file or participate in a class action against us.

OTHER IMPORTANT TERMS

We may transfer our rights and obligations under these Terms to another organization, but this will not affect your rights or your obligations under these Terms. You may not transfer your rights or obligations under these Terms. 

If we fail to insist that you perform any of your obligations under these Terms, or if we do not enforce our rights against you, or if we delay in doing so, that will not mean that we have waived our rights against you and will not mean that you do not have to comply with those obligations. 

Each of the conditions of these Terms operates separately. If any court or competent authority decides that any of them are unlawful or unenforceable, the remaining conditions will remain in full force and effect. 

These Terms constitute the entire agreement between us with respect to your use of the App. Such Terms supersede all prior understandings or agreements between us. In addition, in entering into these Terms you have not relied on and (in the absence of fraud) you shall have no right or remedy in respect of any statement, representation, assurance or warranty other than as set out in these Terms. 

Except to the extent specified in these terms, or otherwise permitted by applicable law, a person or entity who is not party to these Terms may not enforce these Terms.

No agency, partnership, joint venture or employment relationship is created as a result of these Terms and neither of us has any authority of any kind to bind the other in any respect.

If, for any reason, any of the Terms are declared illegal, invalid or otherwise unenforceable by a court of a competent jurisdiction, then to the extent that term is illegal, invalid or unenforceable, it shall be severed and deleted from the Terms and the remainder of the Terms shall survive, remain in full force and effect and continue to be binding and enforceable.

Contact Us

If you experience any technical issues with the App, or you would like to contact us regarding these Terms, you may contact the STF by sending an email to appfeedback@stf.sk.ca  

Effective Date

These Terms were last updated April 9, 2020.