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Last Modified: June 4, 2026
WorkAssess is an online ergonomic assessment service (the “Service”) operated by WorkAssess Inc., a corporation incorporated under the Canada Business Corporations Act (“WorkAssess”, “we”, “us” or “our”). The Service is offered through our website at workassess.ca, and related domains and subdomains (the “Website”).
These Terms of Service, including any policies or documents incorporated by reference (collectively, the “Terms”), form a binding legal agreement between you and WorkAssess and govern your access to and use of the Service.
BY CLICKING TO ACCEPT THESE TERMS IN CONNECTION WITH SUBMITTING AN ORDER, BY PURCHASING AN ASSESSMENT, BY SUBMITTING ANY ASSESSMENT QUESTIONNAIRE OR PHOTOGRAPH TO THE SERVICE, OR BY OTHERWISE ACCESSING OR USING THE SERVICE IN ANY MANNER, YOU ACKNOWLEDGE THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY THESE TERMS. IF YOU DO NOT AGREE TO THESE TERMS, YOU MUST NOT ACCESS OR USE THE SERVICE.
The access to, and use of, the Service that WorkAssess makes available to you — including any access or use under a free preview, promotional, discounted or waived-fee tier, paid assessment, business assessment package, or any prior access — together with the mutual covenants, rights, licences and promises set out in these Terms, constitute good, valuable and sufficient consideration for your agreement to these Terms, the receipt and sufficiency of which you acknowledge. You agree that these Terms, and each of your obligations under these Terms, including but not limited to sections governing Acceptable Use, Customer Content and Licence, Limitation of Liability, and Indemnification, are supported by sufficient consideration regardless of whether any Fees have been paid by you, and you waive any argument or defence to the contrary.
These Terms incorporate by reference the WorkAssess Privacy Policy, available at workassess.ca/privacy (the “Privacy Policy”), which describes how we collect, use, retain and disclose personal information. Your acceptance of these Terms also constitutes your acknowledgment of, and consent to, the practices described in the Privacy Policy.
Intended Users — Canada Only (Excluding Quebec). The Service is intended solely for use by individuals physically located in Canada, excluding the Province of Quebec, who are at least nineteen (19) years of age. The Service is not directed to, or intended for use by, persons located outside Canada, persons located in Quebec, or persons under the age of nineteen (19). If you are located outside Canada, in Quebec, or are under nineteen (19), you must not access or use the Service. WorkAssess may, at its discretion, restrict or geo-block access from any jurisdiction.
In these Terms, the following capitalized terms have the meanings set out below.
“Applicable Law” means all applicable laws, statutes, regulations, by-laws, rules, ordinances, orders, decrees and judgments of any governmental authority having jurisdiction over you, WorkAssess or the Service, as in force from time to time.
“Assessment” means a single online ergonomic assessment of a Customer’s workstation, comprising the structured questionnaire, optional photograph submission, AI-assisted analysis, and the resulting personalised Report.
“Business Package” means an assessment package made available by WorkAssess for purchase by an organisation, entitling the purchaser to a defined number of Assessments to be distributed among end users, on the terms published on the Service at the time of purchase.
“Customer” means an individual who purchases or completes an Assessment, and “you” and “your” refer to the Customer accessing or using the Service. Where the Service is accessed under a Business Package, “Customer” includes both the organisation that purchased the Business Package and the individual end user completing the Assessment, each to the extent applicable in context.
“Customer Content” means all questionnaire responses, photographs, descriptive information, email correspondence and other materials submitted by a Customer to the Service.
“Fees” means the fees, charges, taxes and other amounts payable to WorkAssess by a Customer for an Assessment or Business Package, as published on the Service from time to time.
“Report” means the personalised ergonomic assessment report generated by the Service for a Customer, delivered on the Service and by email in PDF form.
“Service” means, collectively, the WorkAssess assessment platform, the Website, the questionnaire, the AI-assisted analysis, the Report, the communications received at support@workassess.ca, and all related features and functionality made available by WorkAssess from time to time.
“WorkAssess Content” means the Website, the assessment questionnaire, the methodology, the Report templates, each Report, and all text, graphics, photographs, illustrations, user interfaces, visual interfaces, trademarks, logos, sounds, artwork, computer code, software, databases and other content and materials owned, licensed, developed, maintained or provided by WorkAssess or its licensors in connection with the Service, other than Customer Content.
You represent and warrant that: (a) you are at least nineteen (19) years of age; (b) you have the legal capacity to enter into and be bound by these Terms; (c) the information you provide in connection with an Assessment is true, accurate, current and complete to the best of your knowledge; and (d) you are not a person with whom WorkAssess is prohibited from doing business under Applicable Law.
Where an Assessment is purchased under a Business Package for use by employees, contractors or other personnel of an organisation, the organisation represents and warrants that it has obtained the informed consent of each end user to the collection, use and disclosure of personal information described in the Privacy Policy and to these Terms, and that each end user satisfies the eligibility requirements set out above.
The Service provides an online, AI-assisted ergonomic assessment of a Customer’s home or remote workstation. The Service comprises (a) a structured questionnaire about workspace configuration, work habits and any physical discomfort experienced; (b) the optional submission and analysis of up to three (3) photographs of the Customer’s workstation; (c) an AI-assisted analysis of the questionnaire responses and photographs performed using a third-party large language model service (currently the Anthropic Claude API); and (d) a personalised written Report identifying ergonomic issues, recommended adjustments and suggested products.
The Report is delivered (a) on-screen and by email to the Customer where the Customer’s browser remains connected to the Service through the completion of the Assessment; or (b) by email only, where the Customer’s browser disconnects from the Service after payment, in which case the Report is generated when our payment processor sends a webhook notification confirming the Customer’s payment. In either case, the Report is delivered by email to the email address the Customer provided in the assessment form or, where the Customer did not provide an email address in the form, to the email address on file with the payment processor for the Customer’s payment.
A Customer may request that the Report be re-sent by contacting support@workassess.ca; for security reasons, a re-send will only be made to the email address to which the Report was originally delivered, and a request to deliver the Report to a different email address will be processed only after WorkAssess has verified the Customer’s identity. WorkAssess uses commercially reasonable efforts to ensure timely generation and delivery of the Report; however, delivery times may vary based on third-party service availability.
WorkAssess may, from time to time and at its sole discretion, change, suspend, modify or discontinue any feature, functionality, methodology, product recommendation, pricing tier or third-party integration of the Service, with or without notice.
THE REPORT IS PROVIDED FOR GENERAL INFORMATIONAL AND EDUCATIONAL PURPOSES ONLY. IT IS NOT MEDICAL ADVICE, NOT OCCUPATIONAL HEALTH ADVICE, NOT PHYSIOTHERAPY ADVICE, AND NOT A SUBSTITUTE FOR AN IN-PERSON PROFESSIONAL ERGONOMIC, MEDICAL, OCCUPATIONAL THERAPY OR PHYSIOTHERAPY ASSESSMENT. THE REPORT DOES NOT DIAGNOSE, TREAT, CURE OR PREVENT ANY MEDICAL CONDITION, INJURY OR DISEASE.
You acknowledge and agree that: (a) the Service is generated using artificial intelligence and is not reviewed or approved on an individual basis by a regulated health professional before delivery; (b) you are solely responsible for independently evaluating the suitability of any recommendation in the Report before acting on it, and for deciding whether to follow any recommendation; (c) you must consult a qualified healthcare professional in the event of pain, injury or any medical concern; and (d) implementing ergonomic adjustments, posture changes, equipment changes or other physical recommendations carries an inherent risk of discomfort, aggravation of existing conditions, or injury, and you voluntarily assume all such risks associated with acting on the Report.
If at any time, whether while using the Service, after receiving the Report or while implementing any recommendation in the Report, you experience pain, discomfort, dizziness, numbness, tingling, loss of function, aggravation of an existing condition or any other symptom of concern, you must immediately stop using the Service and stop following the recommendation, and seek the advice of a physician or other qualified healthcare professional. The Service is not a substitute for medical advice, diagnosis or treatment, and must not be used in place of consultation with a qualified healthcare professional. You should never delay seeking medical advice because of anything contained in the Report or otherwise made available through the Service.
The current Fees for each type of Assessment and Business Package are displayed on the Service. All Fees are quoted in Canadian dollars and are payable in advance. Payment of the applicable Fee entitles the Customer to a single Assessment and a single corresponding Report (or, in the case of a Business Package, the number of Assessments specified in the package).
Fees are processed by our third-party payment processor (currently Stripe, Inc. and its affiliated entities), whose terms of service and privacy policy are available at stripe.com/en-ca/legal/ssa and stripe.com/en-ca/privacy, respectively. You acknowledge and agree that your relationship with our payment processor is separate from your relationship with WorkAssess, and that the payment processor may apply its own terms and conditions to your payment. WorkAssess does not receive or store complete payment card details.
Fees are exclusive of applicable sales taxes, which will be added at checkout where required by Applicable Law.
Where WorkAssess offers a recurring business subscription (for example, a monthly business subscription that entitles the purchaser to a defined number of Assessments per month), the specific terms of the subscription — including the renewal cycle, the number of included Assessments, the treatment of unused Assessments at the end of a billing period, and the cancellation procedure — are set out on the Service or in the applicable order form, rate sheet or plan terms at the time of purchase (the “Subscription Terms”) and are incorporated into these Terms by reference. The Subscription Terms form part of these Terms; in the event of a conflict between these Terms and the Subscription Terms with respect to the subject matter expressly addressed in the Subscription Terms, the Subscription Terms govern. Unless otherwise stated in the Subscription Terms, business subscriptions renew automatically at the then-current Fees until cancelled.
WorkAssess reserves the right to change, increase, decrease or restructure any Fees at any time. Changes to Fees apply only to Assessments and Business Packages purchased after the effective date of the change. Where a Customer has a recurring business subscription, WorkAssess will provide at least fifteen (15) days’ notice (by email, in-Service notice, or both) before any change in subscription Fees takes effect for that Customer, and the changed Fees will apply to the renewal of the then-current subscription term.
All Fees paid to WorkAssess are non-refundable. Once an Assessment or Business Package has been purchased, the Customer is not entitled to a refund, in whole or in part, including where the Customer changes their mind, does not use or complete the Assessment, is dissatisfied with the Report, or no longer requires the Service.
If the Service fails to generate or deliver a Report for an Assessment that the Customer has paid for due to a technical issue attributable to WorkAssess, the Customer should contact WorkAssess support at support@workassess.ca, using the email address provided at purchase and including a brief description of the issue. WorkAssess will work with the Customer to deliver the Report that has been paid for, including by re-running the Assessment, regenerating the Report, or providing equivalent credit, as WorkAssess determines in its reasonable discretion.
For Business Packages and business subscriptions, unused Assessments are governed by the terms of the applicable package or subscription as published on the Service from time to time, and are not refundable except as expressly provided in those terms.
Nothing in this Section 6 limits any right of refund or remedy that the Customer may have under applicable consumer protection legislation that cannot be lawfully limited or excluded.
You are solely responsible for all Customer Content that you submit to the Service. You represent and warrant that: (a) you own or have obtained all necessary rights, consents and permissions to submit the Customer Content to the Service and to grant the licences set out in this Section 7; (b) the Customer Content, and your use of the Service in connection with it, does not and will not violate these Terms, any Applicable Law, or any third-party right (including any intellectual property, privacy, publicity, contractual or moral right); (c) any photograph you upload depicts your own workstation only; (d) the photographs you upload do not contain any identifiable third party (other than yourself) without that person’s informed consent; (e) the Customer Content does not contain any unlawful, defamatory, infringing, harassing, obscene or otherwise objectionable material; (f) the Customer Content does not contain any instruction, command, code, hidden text, embedded content (including text rendered within or appended to a photograph or its metadata), or other input designed or intended to manipulate, override, circumvent, or interfere with the operation, safety controls, content policies, or intended output of the Service or any artificial-intelligence model or system used by WorkAssess to provide the Service (any such input, a “Prohibited Input”); and (g) you will not use the Service or any Customer Content field to attempt to extract, infer, reproduce or otherwise obtain (i) the system prompts, instructions, configuration or training data of any artificial-intelligence model used by WorkAssess, (ii) the Customer Content or Report of any other user, or (iii) any output unrelated to a genuine ergonomic assessment of your own workstation.
You acknowledge that the Service uses artificial-intelligence systems that generate the Report based in part on the Customer Content you provide, and that the content of the Report may reflect, incorporate or be influenced by the Customer Content. WorkAssess does not endorse, adopt or verify any statement that appears in a Report solely as a result of Customer Content that the Customer submitted, and the Customer is solely responsible for any consequence of a Prohibited Input or other Customer Content the Customer submits.
You grant WorkAssess a limited, non-exclusive, royalty-free, worldwide licence to host, store, transmit, process, analyse, modify (only to the extent necessary for technical processing) and otherwise use the Customer Content for the sole purpose of (a) generating and delivering your Report; (b) operating, maintaining and providing customer support in respect of the Service; and (c) complying with Applicable Law. The licence is limited to what is reasonably necessary for those purposes and terminates with respect to questionnaire responses and photographs at the time they are deleted in accordance with the Privacy Policy.
WorkAssess does not use Customer Content to train, fine-tune, evaluate or otherwise improve any artificial intelligence or machine learning model, whether of WorkAssess or of any third party, and WorkAssess does not sell, rent, license or otherwise commercialize Customer Content. If you have questions about how the artificial-intelligence service providers used by WorkAssess to deliver the Service handle Customer Content or other data and information, including whether and how it may be used for training or improvement of their models, you may contact WorkAssess support using the contact information in Section 22, and WorkAssess will provide information about its current providers and the applicable provider terms on which WorkAssess relies.
Questionnaire responses and uploaded photographs are held as a transient draft on our hosting infrastructure for a maximum of one (1) hour while the Report is being generated, after which they are automatically deleted (immediately on Report generation, or by an automated one-hour expiry sweep, whichever occurs first), and are not otherwise retained on WorkAssess infrastructure. A copy of the emailed Report is retained in the WorkAssess support inbox for ninety (90) days for customer service and dispute resolution purposes, after which it is deleted by automated process. Further detail is set out in the Privacy Policy.
If you provide WorkAssess with any suggestions, ideas, comments, proposals, enhancement requests or other feedback about the Service (“Feedback”), you grant WorkAssess a perpetual, irrevocable, worldwide, royalty-free, fully paid-up, transferable, sub-licensable licence to use, reproduce, modify, distribute, create derivative works of and otherwise exploit that Feedback for any purpose, without attribution or compensation to you. Feedback does not include Customer Content.
You acknowledge and agree that the Service uses third-party artificial intelligence services to analyse the questionnaire responses and photographs and to generate the Report. At the date of these Terms, that processing is performed by the Anthropic Claude API; the Report is rendered into PDF form by PDFShift; email delivery is performed by Resend; and the support inbox is operated on Google Workspace. Each of these providers, and any successor or replacement provider, may operate infrastructure located in the United States, France or in other jurisdictions outside Canada.
Submission of Customer Content to the Service will result in the transfer of that Customer Content to, and processing of it in, the United States, France and potentially other jurisdictions outside Canada, where it may be subject to legal requirements applicable in those jurisdictions, including lawful access by foreign authorities. By using the Service, you consent to that cross-border transfer and processing. Further detail is set out in the Privacy Policy.
WorkAssess may, from time to time and without notice, change the third-party providers used to operate the Service, provided that WorkAssess will use commercially reasonable efforts to engage providers that offer comparable confidentiality, security and privacy practices.
You are solely responsible for your conduct on the Service and for all Customer Content. Without limiting any other obligation under these Terms or Applicable Law, you agree that you will not, and will not attempt to, directly or indirectly:
WorkAssess is a participant in the Amazon Associates program. Reports may contain links to products on Amazon, and WorkAssess may receive an affiliate commission on qualifying purchases at no additional cost to the Customer. WorkAssess does not guarantee the availability, pricing, quality, safety or suitability of any third-party product, and is not responsible for any aspect of a Customer’s transaction with Amazon or any other retailer. Your purchase of any third-party product is governed solely by the terms of that retailer.
The Service, including all WorkAssess Content and each Report, is owned or licensed by WorkAssess and is protected by Canadian and international copyright, trademark, trade-secret and other intellectual property laws. For greater certainty, the Report (including its text, structure, recommendations and any other content generated by the Service, but excluding any Customer Content embedded in or reproduced within it) is WorkAssess Content. The Customer does not acquire any ownership interest in the Report; the Customer receives only the limited licence to access and use the Report set out in this Section 11. Subject to your compliance with these Terms, WorkAssess grants you a limited, personal, non-exclusive, non-transferable, non-sub-licensable, revocable licence to (a) access and use the Service for your own personal, non-commercial use; and (b) use the Report delivered to you for your own personal use or, where you have purchased the Report through a Business Package, for the internal business purposes of the organisation that purchased the Business Package. All rights not expressly granted to you in these Terms are reserved by WorkAssess and its licensors.
You may not copy, modify, adapt, translate, create derivative works from, distribute, sell, lease, sub-license, publicly display, publicly perform, publish, frame, mirror, scrape, or otherwise exploit any part of the Service or any WorkAssess Content except as expressly permitted in these Terms. “WorkAssess” and the WorkAssess logos and related graphics, icons and service names are trademarks of WorkAssess and may not be used without our prior written consent.
Subject to the limited licence granted in Section 7.2, you retain ownership of your Customer Content.
THE SERVICE, INCLUDING ALL WORKASSESS CONTENT, CUSTOMER CONTENT AND THIRD-PARTY SERVICES MADE AVAILABLE THROUGH THE SERVICE, IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”, WITHOUT WARRANTY, CONDITION OR GUARANTEE OF ANY KIND. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, WORKASSESS DISCLAIMS ALL REPRESENTATIONS, WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING ANY WARRANTY OR CONDITION OF MERCHANTABILITY, MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, QUIET ENJOYMENT, ACCURACY, COMPLETENESS, RELIABILITY, SECURITY, UNINTERRUPTED OR ERROR-FREE OPERATION OR ANY WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE.
WORKASSESS MAKES NO REPRESENTATION OR WARRANTY THAT: (A) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS; (B) THE SERVICE WILL BE UNINTERRUPTED, TIMELY, OR ERROR-FREE; (C) FOLLOWING ANY RECOMMENDATION IN THE REPORT WILL ACHIEVE ANY PARTICULAR OUTCOME, INCLUDING ANY REDUCTION IN DISCOMFORT, PAIN OR INJURY; (D) ANY THIRD-PARTY PRODUCT REFERENCED IN THE REPORT WILL BE OF A PARTICULAR QUALITY, SUITABLE FOR YOU, OR AVAILABLE; OR (E) THE OUTPUT OF, OR ANY THIRD-PARTY SERVICE USED BY, THE SERVICE (INCLUDING ANY ARTIFICIAL-INTELLIGENCE MODEL, EMAIL DELIVERY SERVICE OR HOSTING PROVIDER) WILL BE AVAILABLE, CONFIDENTIAL, FREE OF ERROR, OR FREE OF VULNERABILITIES. WORKASSESS IS NOT RESPONSIBLE FOR ANY ACT, OMISSION, FAILURE, INTERRUPTION OR SECURITY INCIDENT OF ANY THIRD-PARTY SERVICE PROVIDER.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, IN NO EVENT WILL WORKASSESS, ITS AFFILIATES, OR ANY OF THEIR RESPECTIVE SHAREHOLDERS, OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, CONTRACTORS, LICENSORS OR SUCCESSORS (COLLECTIVELY, THE “WORKASSESS PARTIES”), BE LIABLE TO YOU OR TO ANY THIRD PARTY FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE, EXEMPLARY OR AGGRAVATED DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, BUSINESS, GOODWILL, OPPORTUNITY, DATA, USE, REPUTATION, ANTICIPATED SAVINGS, PERSONAL INJURY, OR FOR ANY LOSS ARISING FROM OR RELATING TO RELIANCE ON THE REPORT, HOWSOEVER CAUSED AND UNDER ANY THEORY OF LIABILITY (INCLUDING NEGLIGENCE, BREACH OF CONTRACT, MISREPRESENTATION, STRICT LIABILITY OR OTHERWISE), EVEN IF A WORKASSESS PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION AND WITHOUT LIMITING THE FOREGOING, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE AGGREGATE LIABILITY OF THE WORKASSESS PARTIES FOR ANY AND ALL CLAIMS ARISING OUT OF OR RELATING TO THESE TERMS, THE SERVICE OR THE REPORT, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, WILL NOT EXCEED THE GREATER OF (A) THE TOTAL AMOUNT OF FEES ACTUALLY PAID BY YOU TO WORKASSESS IN THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT FIRST GIVING RISE TO THE CLAIM; AND (B) ONE HUNDRED CANADIAN DOLLARS (CAD $100).
You agree and acknowledge that WorkAssess would not enter into these Terms or grant you access to the Service without the disclaimers and limitations of liability set out in these Terms, and that those disclaimers and limitations form an essential basis of the bargain between you and WorkAssess. Some jurisdictions do not permit the exclusion or limitation of certain warranties or liabilities. To the extent any such exclusion or limitation is not permitted by Applicable Law, the liability of the WorkAssess Parties will be limited to the greatest extent permitted by Applicable Law.
To the fullest extent permitted by Applicable Law, you agree to indemnify, defend and hold harmless the WorkAssess Parties from and against any and all claims, demands, actions, proceedings, losses, damages, liabilities, penalties, costs and expenses (including reasonable legal fees and disbursements on a solicitor-and-own-client basis) arising out of or relating to: (a) your Customer Content; (b) your violation of these Terms (including the acceptable use provisions in Section 9) or any Applicable Law; (c) your violation of any third-party right, including any intellectual property, privacy, publicity or contractual right; (d) any claim arising from or relating to your reliance on, or any action or inaction taken on the basis of, the Report; and (e) any claim that arises from a breach by you of any representation or warranty made by you under these Terms.
WorkAssess reserves the right, at its own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you, in which case you agree to cooperate with WorkAssess’s defence of the matter. You will not settle any claim for which you are obligated to indemnify WorkAssess without WorkAssess’s prior written consent.
TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY CLAIM, DISPUTE OR PROCEEDING AGAINST WORKASSESS OR ANY WORKASSESS PARTY MUST BE BROUGHT IN YOUR INDIVIDUAL CAPACITY AND NOT AS A PLAINTIFF OR CLASS MEMBER IN ANY PURPORTED CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING. YOU HEREBY WAIVE ANY RIGHT YOU MAY HAVE TO COMMENCE OR PARTICIPATE IN ANY CLASS, CONSOLIDATED, COLLECTIVE OR REPRESENTATIVE PROCEEDING AGAINST ANY WORKASSESS PARTY.
If you are a “consumer” within the meaning of consumer protection legislation applicable to you (including the Consumer Protection and Business Practices Act (Newfoundland and Labrador)) and the waiver in this Section is prohibited as against you by that legislation, then the waiver does not apply to you to the extent of that prohibition; in all other respects, this Section continues to apply to you in full. For greater certainty, Customers who purchase the Service under a Business Package or business subscription for organisational rather than personal, family or household purposes are not consumers for these purposes and remain fully bound by this Section.
These Terms, and any dispute, claim or proceeding (whether in contract, tort, under statute or otherwise) arising out of or relating to these Terms, the Service or your relationship with WorkAssess, are governed by and will be construed and enforced in accordance with the laws of the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein, without regard to any conflict-of-laws principles or rules that would or might result in the application of the laws of any jurisdiction other than the Province of Newfoundland and Labrador and the federal laws of Canada applicable therein. The United Nations Convention on Contracts for the International Sale of Goods does not apply to these Terms.
You and WorkAssess irrevocably and unconditionally attorn and submit to the exclusive jurisdiction of the courts of the Province of Newfoundland and Labrador sitting in the City of St. John’s, and any appellate courts therefrom, to settle any dispute, claim or proceeding arising out of or relating to these Terms or the Service. You waive any objection on the grounds of venue, forum non conveniens or any similar grounds.
Nothing in this Section limits any non-waivable right you may have under consumer protection legislation applicable to you.
As the Service continues to evolve, WorkAssess may revise these Terms from time to time by posting the updated Terms on our Website and updating the “Last Modified” date at the top of these Terms.
If you are a Customer with an active Business Subscription or other ongoing subscription, WorkAssess will provide you with no less than thirty (30) days’ prior notice of any material amendment to these Terms by email to the address associated with your subscription, by a prominent notice on the Website, or both.
The amended Terms will apply to your subscription as of the start of the next renewal term that begins on or after the effective date of the amendment (and, for material amendments, no earlier than thirty (30) days after notice is given), and the existing version of these Terms will continue to govern your subscription until that renewal; except that any change to Fees or other terms incorporated by reference into the subscription (including any rate sheet, plan terms or order form) takes effect in accordance with its own terms. Your continued use of the Service under the subscription following the effective date of the amendment constitutes your acceptance of the amended Terms; if you do not agree, you must stop using the Service under that subscription before the amendment takes effect (and may, where applicable, cancel the subscription in accordance with its terms).
If you are not an ongoing subscriber, WorkAssess is not required to provide you with individual notice of amendments to these Terms. The version of these Terms posted on the Website at the time you place any new Assessment, Business Package or other order will govern that order, and by placing the order you accept the then-current Terms.
Non-material amendments (such as corrections of typographical errors or clarifications that do not adversely affect your rights or obligations) may be made by updating this page without prior notice.
Any notice required or permitted to be given by WorkAssess to you may be given by email to the address you provided to the Service, by a notice posted within the Service, or by any other reasonable means. Any notice required or permitted to be given by you to WorkAssess must be given in writing by email to support@workassess.ca. Notices given by email are effective on the date of sending.
WorkAssess may suspend, restrict, limit, disable or terminate your access to all or any part of the Service, with or without cause, with or without notice, and at any time, in its sole and absolute discretion, including where WorkAssess reasonably believes that you have breached these Terms, that your use of the Service poses a risk to WorkAssess or any third party, or that such action is required by Applicable Law. Termination of access does not entitle you to a refund of any Fees previously paid, except as required by Section 6 or by Applicable Law. WorkAssess will not be liable to you or to any third party for any suspension, restriction, limitation, disablement or termination of access to the Service exercised in accordance with this Section.
All provisions of these Terms, or any part thereof, that by their nature extend beyond termination or suspension shall remain binding on the parties, including any provisions, or parts thereof, that: (a) disclaim or limit liability or warranties; (b) require indemnification or assumption of risk; (c) address ownership, licensing or use of intellectual property or content; (d) impose restrictions on the use, disclosure or processing of data or information; (e) waive or limit rights to bring claims (including any waiver of class proceedings); (f) govern the resolution of disputes (including governing law and choice of forum); and (g) release the WorkAssess Parties from claims, together with all other provisions necessary to give business efficacy to these Terms, including provisions relating to notices, assignment, interpretation and other miscellaneous matters.
You may not assign, transfer, delegate or sub-license these Terms or any of your rights or obligations under these Terms, in whole or in part, whether voluntarily, involuntarily, by operation of law, in connection with a change of control, or otherwise, without our prior written consent. Any attempted assignment in violation of this Section is void.
WorkAssess may freely assign, transfer, delegate or sub-license these Terms or any of its rights or obligations, in whole or in part, to any person, including any successor in interest, without notice to you or your consent. These Terms are binding upon and enure to the benefit of the parties and their respective successors and permitted assigns.
These Terms (including the Privacy Policy and any other documents incorporated by reference) constitute the entire agreement between you and WorkAssess with respect to the Service and supersede all prior or contemporaneous agreements, communications, representations, proposals and understandings, whether written or oral, between you and WorkAssess regarding the Service.
If any provision of these Terms, or any part of any provision, is held to be invalid, illegal or unenforceable by a court of competent jurisdiction, that provision or part will, to the extent of the invalidity, illegality or unenforceability, be read down so as to give it the maximum effect permitted by Applicable Law; if it cannot be so read down, that provision or part (and only that provision or part) will be severed from these Terms; and in either case the remaining provisions, and the remaining parts of any partially severed provision, will continue in full force and effect. The parties further agree that any provision or part so read down or severed shall be replaced by a provision that, to the greatest extent permitted by Applicable Law, gives effect to the original intent of the parties.
No failure or delay by WorkAssess in exercising any right, power or privilege under these Terms operates as a waiver of that right, power or privilege, nor does any single or partial exercise of any right, power or privilege preclude any other or further exercise of that or any other right, power or privilege.
Nothing in these Terms creates any partnership, joint venture, agency, franchise, employment or fiduciary relationship between you and WorkAssess. You have no authority to bind WorkAssess in any manner.
WorkAssess will not be liable for any failure or delay in performing its obligations under these Terms to the extent the failure or delay is caused by events beyond its reasonable control, including acts of God, natural disasters, pandemic, war, terrorism, civil unrest, labour disputes, failure of utilities or telecommunications, internet or third-party service provider failures, cyber-attacks, governmental action, or changes in Applicable Law.
The headings in these Terms are for convenience of reference only and do not affect the interpretation of these Terms.
If you have any questions about these Terms, the Service or a Report, you may contact us at:
WorkAssess Inc.
Email: support@workassess.ca