Terms of Use

These are the Terms and Conditions ("the Terms of Use") for using the Insight Driving Solutions Inc. (INSIGHT) web-based CMS for INSIGHT’s screening and assessment services (the CMS).

You, your company or organization is referred to in the Terms of Use as “you” or “your”. You should carefully read these Terms of Use before using the CMS. By using the CMS, you agree to be bound by the Terms of Use. This is a legally binding agreement and applies to all individuals granted administrative access to your account by INSIGHT or subsequently authorized to access your account by you or anyone in your company or organization including but not limited to all employees, contractors or guests. If you do not agree with the Terms of Use you must not use the CMS.

  1. Introduction
    1. These are the Terms and Conditions (‘the Terms of Use’) for using the Insight Driving Solutions Inc. (INSIGHT) web-based customer management system (CMS) for INSIGHT’s screening and assessment services (the CMS).
    2. You, your company or organization is referred to in the Terms of Use as “you” or “your”.
    3. You should carefully read these Terms of Use before using the CMS.
    4. By using the CMS, you agree to be bound by the Terms of Use in full. This is a legally binding agreement and applies to all individuals granted administrative access to your account by INSIGHT or subsequently authorized to access your account by you or anyone in your company or organization including but not limited to all employees, contractors or guests. If you do not agree with the Terms of Use you must not use the CMS.
    5. We reserve the right, at our discretion, to update or revise these Terms of Use. Please check the Terms periodically for changes. Your continued use of this site following the posting of any changes to the Terms of Use constitutes acceptance of those changes.
    6. INSIGHT agrees to provide you access to the CMS only in accordance with the Terms of Use.
    7. You accept that the CMS is provided on an "as is, as available" basis, accepting that it might have errors or be completely or partly unavailable from time to time.
    8. You hereby represent and warrant that you are the person you claim to be and that you duly represent the organization that you claim to represent; any misrepresentation will be dealt with as permitted by law.
  2. Laws and regulations
    1. Your access to and use of this CMS is subject to all applicable international, federal, provincial, state and local laws and regulations. You agree to use the CMS only in compliance with all applicable laws and regulations.
    2. The CMS may not be used to store, access, distribute or facilitate distribution of any content, including text, communications, software, images, sounds, data, or other information, that:
      1. Is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another’s privacy, tortuous, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or uses vulgar language in the creation of a Login User IDs or Passwords.
      2. Victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
      3. Infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
      4. Utilizes the notification features of the CMS for unauthorized or unsolicited advertising, junk or bulk email (also known as "Spamming"), chain letters, any other form of unauthorized solicitation;
      5. Contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, to any data or other information of any third party; or
      6. Impersonates any person or entity, including any employee or representative of INSIGHT.
    3. If a court of competent jurisdiction should declare any part of the Terms of Use invalid or unenforceable, that part will be considered deleted from the Terms of Use, and the remainder will continue in full force and effect.
    4. These Terms of Use shall be governed by and construed in accordance with the laws of the Province of British Columbia, Canada without regard to its principles of conflict of laws. You agree that any disputes in connection with this agreement or its enforcement shall be resolved in a court of competent jurisdiction in the Province of British Columbia, Canada.
  3. Copyright Notice
    1. The design and architecture of the CMS belong to INSIGHT.
    2. Your access is only for the purpose of utilizing the feature sets of the CMS, entering client information, accessing reports and assigning INSIGHT services.
    3. You are not permitted to reverse engineer, modify, distribute, or republish any of the feature sets or graphical designs of the CMS.
    4. No copyright or trademark rights or any other intellectual property or other rights are transferred to you, and none are licensed to you except the privilege of use as outlined in the Terms of Use and/or the applicable license.
    5. You are not authorized to download or copy even a single copy of any graphics, video or other material on the CMS or to clip and paste or otherwise copy any material or item from the CMS. This restriction does not apply to the entering of client information or access to your client’s reports on the CMS.
  4. Limitation of Liability
    1. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAWS AND REGULATIONS, YOU HEREBY AGREE TO RELEASE INSIGHT AND ITS EMPLOYEES, AGENTS, DIVISIONS, AFFILIATES, SUPPLIERS, AND CONTRACTORS FROM ANY AND ALL LIABILITY FOR ANY LOSSES AND EXPENSES OF WHATEVER NATURE AND HOWSOEVER ARISING, INCLUDING WITHOUT LIMITATION ANY DIRECT, INDIRECT, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES (LOSS OF USE, LOSS OF DATA, LOSS CAUSED BY A VIRUS, LOSS OF INCOME OR PROFIT, LOSS OF OR DAMAGE TO PROPERTY, CLAIMS OF THIRD PARTIES, OR OTHER LOSSES OF ANY KIND OR CHARACTER) ARISING OUT OF OR IN CONNECTION WITH THE USE OF THE CMS EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR LOSSES.
    2. You assume total responsibility for establishing any procedures for data backup and virus checking that you consider to be necessary.
    3. Any action brought against Insight pertaining to or in connection with this CMS must be commenced and notified to Insight in writing within one (1) year after the date the cause for action arose.
  5. Privacy Policy
    1. Protecting the privacy of our clients and users of the CMS is important to INSIGHT.
    2. INSIGHT and its subcontractors and agents will treat all information uploaded or entered into the CMS software as confidential.
    3. INSIGHT will not release or grant access to any other individual or organization, any information or content related to your organization except as needed to provide technical support or programming for a specific CMS feature. Such information includes User names, passwords, User data or Resources.
    4. INSIGHT understands that misuse of information about people can create both tangible and intangible harms for individuals, so we seek to prevent physical, financial, reputational and other types of privacy harms to individuals.
    5. INSIGHT is committed to collecting, maintaining, and securing personal information about you or your clients in accordance with this policy
    6. Prior to collecting, using, or sharing Personal Information, INSIGHT defines and documents the specific, legitimate business purposes for which it is needed.
    7. INSIGHT will use and share personal information that you provide only in ways that INSIGHT tells you about either in this policy or in other privacy statements and communications INSIGHT provides.
    8. INSIGHT uses policy, technical and physical controls to limit access to personal information that you provide to prevent it from being misused.
    9. INSIGHT recognizes that innovation and new technology drive continual change in risks, expectations and laws, so INSIGHT follows privacy accountability standards and aim to promptly adapt how we apply them in response to those changes
    10. INSIGHT implements safeguards to protect Personal Information and Sensitive Information from loss, misuse, and unauthorized access, disclosure, alteration or destruction.
    11. We are responsible for and we preserve the privacy protections for Personal Information when it is transferred to or from other organizations or across country borders.
  6. Security
    1. The security of information transmitted through the Internet can never be guaranteed.
    2. INSIGHT DOES NOT WARRANT OR MAKE ANY REPRESENTATIONS AS TO THE SECURITY OF THIS CMS.
    3. YOU ACKNOWLEDGE ANY INFORMATION SENT MAY BE INTERCEPTED. INSIGHT DOES NOT WARRANT THAT THE SITE OR THE SERVERS, WHICH MAKE THIS SITE AVAILABLE OR ELECTRONIC COMMUNICATIONS SENT BY INSIGHT ARE FREE FROM VIRUSES OR ANY OTHER HARMFUL ELEMENTS.
    4. INSIGHT is not responsible for any interception or interruption of any communications through the Internet or for changes to or losses of data.
    5. You are responsible for maintaining the security of any password, user ID, or other form of authentication involved in obtaining access to password protected or secure areas of this CMS. In order to protect you and your data, INSIGHT may suspend your use of a client site, without notice, pending an investigation, if any breach of security is suspected.
  7. Access to password protected/secure areas
    1. Access to and use of password protected and/or secure area of the CMS is restricted to authorized users only. Unauthorized access to such areas is prohibited and may lead to criminal prosecution.
    2. Each login access will grant to You or your Authorized Users a revocable, non-exclusive, non-transferable right and license to access the CMS subject to the Authorized Users acceptance of the CMS Terms of Use and Privacy Policy.
  8. Links to other sites
    1. Where we provide hypertext links to other sites we do so for information purposes only, and such links are not endorsements by us of any products or services in such sites and we accept no liability nor make any endorsement or approval of those sites.
  9. Signed agreement
    1. If your organization has signed a license agreement with INSIGHT,
      1. the terms of that license may add to or modify the Terms of Use
      2. any such license agreement takes precedence over these general Terms of Use.
      3. You should check with your organization for an outline of the requirements and privileges under any such license agreement.
      4. The Terms of Use and any such applicable license agreement contain the entire understanding between us with respect of the CMS, and no representation, statement, inducement oral or written, not contained in the Terms of Use or such license shall bind either of us
  10. Breach of these terms and conditions
    1. Without prejudice to INSIGHT’S other rights under the Terms of Use, INSIGHT reserves the right, in its sole discretion, to terminate your access to all or part of the CMS software, with or without notice, due to your violation or breach of the Terms of Use or non-payment of licensing fees.
  11. Limitation and exclusion of liabilities
    1. Upon a request by INSIGHT, you agree to defend, indemnify, and hold harmless INSIGHT and its subsidiary and other affiliated companies, and their employees, contractors, officers, and directors from all liabilities, claims, and expenses, including attorney’s fees, that arise from your company’s or organization’s use or misuse of the CMS.
    2. INSIGHT reserves the right, at it own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with INSIGHT in asserting any available defenses.