Last revised May 1, 2023

 1. Welcome

Please read the following document carefully. These Terms of Use (the “Terms of Use” or “Agreement“) govern your use of the MyDirectPlan website, application, and platform (the “Platform”), provided by Community Living Toronto (the “Association”, “us”, “our” or “we”).

The Platform consists of an online budgeting and reporting application for use by individual Recipients, Persons Managing Funds who self-manage a Recipient’s Funding, Transfer Payment Agencies, Brokerages and Service Agencies who manage the Funding on behalf of the Recipient,  Passport Agencies, SSAH Regional Offices, and Support or Respite Workers (collectively referred to as “Users”, “you” or “your”) . The Platform can help you create a budget, review and manage expenses, track expenses, and help meet the information reporting requirements of your Funding Agency.  

2. Agreement to be Legally Bound by Terms of Use

By accessing and using this Platform, 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 agree 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 PLATFORM.

We suggest you print a copy of these Terms of Use for your records.

We reserve the right, in our sole and absolute discretion, to modify all or a portion of these Terms of Use at any time without further notice and without incurring any liability or obligation. If we do this, we will post the changes to these Terms of Use on the Platform and will indicate at the top of this page the date these Terms of Use were last revised. Your continued access to and/or use of the Platform after any such changes constitutes your acceptance of, and agreement to be legally bound by, these Terms of Use, as revised. It is your sole responsibility to regularly check the Platform to determine if there have been any changes to these Terms of Use and to review such changes.

You hereby acknowledge and agree that we reserve the right at any time to modify or discontinue the whole, or any part of, the Platform, 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.

3. Certain Definitions

1. Agency – A Funding Agency, a Passport Agency, SSAH Regional Office, Transfer Payment Agency, Brokerage, and/or Service Agency         
2. Brokerage – a private agency engaged by the Recipient and/or Person Managing Funds to administer Passport Funding including receiving and paying invoices and receipts for supports and services and submitting claims for reimbursement and to coordinate supports and services on behalf of the Recipient.
3. Funding – Funds approved for a Recipient by the Ministry or an Agency.
4. Funding Agency – The organization from whom a Recipient receives the approval of funding and/or to whom the Recipient submits their reimbursement claim(s) for eligible program-related expenses. This could be a Passport Agency for Passport Funding, PassportOne or the Ministry for other funding.
5. Inheritor – A person who will manage the MyDirectPlan account when the Person Managing Funds can no longer do so. This person is usually designated by the Person Managing Funds but is not a required profile.
6. Passport Agency – The agency from whom a Recipient receives the approval of Passport funding and to whom the Recipient submits their reimbursement claim(s) for eligible Passport related expenses.
7. Person Managing Funds – The Recipient or a person who administers funds on behalf of the Recipient. The Person Managing Funds is often a family member or caregiver of the Recipient.
8. Recipient – The individual for whom funds have been approved by the Ministry of Children, Community and Social Services (the “Ministry”)
9. Service Agency – A private agency, which is not a Transfer Payment Agency, engaged by the Recipient and/or the Person Managing Funds to provide direct supports and services as well as to administer Passport Funding including receiving and paying invoices and receipts for supports and services and submitting claims for reimbursement and to coordinate supports and services on behalf of the Recipient.
10. Support or Respite Worker – An individual hired for the purpose of providing support to a Recipient in their daily tasks and/or providing respite to the Recipient’s caregiver(s).
11. Transfer Payment Recipients – An agency in receipt of funding from the Ministry to provide supports and services to people with developmental and/or physical disabilities; and in the case of self-directed residential or other Ministry funding, provides reimbursements for eligible expenses.

4. Privacy

The Association receives information, including personal information and account information of a Recipient, a Person Managing Funds, Support and Respite Workers and representatives of Agencies that is provided directly to us by Users, We may also receive information indirectly such as anonymous information obtained by your web browser or electronic device. Without limiting the generality of these Terms of Use, your use of the Platform is also subject to the terms of our Privacy Policy, which is hereby incorporated into and made part of these Terms of Use.  Please carefully review our Privacy Policy.  If you provide us with the information of any other person, including but not limited to a Recipient, Person Managing Funds, Agency, Support or Respite Worker, or Inheritor, you must have their consent to do so.

By using the Platform and/or providing us with any personal information, you signify that you have read, fully understand and agree to our Privacy Policy.

You may withdraw your consent to these Terms of use at any time. Existing Users may request to have their MyDirectPlan account and personal data deleted at any time in accordance with our Privacy Policy.

Note: Other Third party entities, agencies and/or individuals who are not Users may have access to your personal and account information and data, as set out in section 5 of these Terms of Use. The information supplied to the Platform is maintained on secure servers located in Toronto, Ontario and Montreal, Quebec.

The Association takes your privacy seriously. We have physical, organizational and technical measures in place to protect your privacy and keep your information and data secure. However, despite our efforts to implement appropriate safeguards, we cannot guarantee that your information will never be used, disclosed or altered in an unauthorized way.

5. Information Sharing

In order to coordinate and monitor support and services through the Platform, personal information and data may be accessed and/or shared with certain third parties on an individual case by case basis.  Personal information and data may also be accessed and/or shared by certain third parties with the Platform on an individual case by case basis.

These third parties may be:

• DARTS Solutions Inc (Information Custodian)
• PassportOne
• Passport Agency
• Transfer Payment Agencies and Service Provider Agencies
• Educational, Support and Respite Workers
• Ministry of Children, Community and Social Services (MCCSS)
• The Association
• Brokerages
• Private Service Agencies

Passport Funding

Based on the individual case, certain personal information and data may be shared with and/or by the following:

The Ministry:

· The Ministry may make a request to access data in accordance with applicable legislation.

DARTS Solutions Inc:

· Data entered by Users;
· End data (Name, DOB, client code, relationship, address) of family/caregiver Person Managing Funds and Recipients
· Personal information disclosed for the purposes of technical support.

PassportONE:

· Data entered by individual Passport Agencies, Brokerages and Service Provider Agencies,
· End data (Name, DOB, client code, relationship, address) of family/caregiver, Person Managing Funds and Recipients

Passport Agencies:                                                          

· PassportONE status updates, and amounts paid
· Edits to personal information and/or data made by Passport Agencies within own administration;
· Personal information and data of the individual agency’s Recipients and family/caregiver Person Managing Funds;

Transfer Payment Recipients, Brokerages and Service Agencies

· PassportONE status updates and amounts paid;
· Edits to personal information and/or data made by Service Provider Agencies within own administration;
· Personal information and data of the individual agency’s Recipients and family/caregiver Person Managing Funds

Education, Support and Respite Workers:

· PassportONE status updates and amounts paid; names only of the Recipients and family/caregiver Person Managing Funds within their management

Families/caregivers (Person Managing Funds):

· PassportONE status updates and amounts paid; only the information of their individual support workers.

The Association

. All data related to recipients, PMFs, Workers, expenses, invoices and status of Invoices

6. Registration and Account Setup and Security

Certain features and/or portions of this Platform may be password-protected and may require you to complete a registration process in order to obtain access and/or participate (e.g. features, such as budget management, and transaction information filing).  When registering with us to use any such features and/or portions of the Platform, you must provide complete and accurate information about yourself, including without limitation, your email address and chosen password, and signify your agreement that you have read and agree to these Terms of Use. After you have submitted your registration, you will receive a verification email at the address you entered. Follow the instructions in the verification email to activate your account. If you do not receive a verification email after registering, check your junk mail filter.

Once you have registered, you must log-in to your account and complete a profile by supplying the information requested prior to being able to use the Platform functionality. If you wish the account to be administered by a Person Managing Funds, click “Invite” in the Person Managing Funds section of the profile, and/or provide the requested contact information regarding the designated administrator in the profile.

NOTE: The Person Managing Funds, Broker Agencies and Service Agencies (collectively referred to as “Expense Management Agencies”) will be able to administer the account on behalf of the Recipient, and take all actions associated with the account, including the submission of information regarding transactions to a Funding Agency.

If you are a Recipient using the Application, you should only select a Person Managing Funds you trust to take such actions on your behalf, and by selecting a Person Managing Funds, you designate them to take such actions and administer the account on your behalf. The Association is not responsible for any actions taken, or not taken, by any Person Managing Funds, Expense management Agencies.

You agree to update any registration or other information you provide in the event it changes. In the event that you do not provide accurate information or do not update such information if it changes, or we have reasonable grounds to suspect that you have not provided or updated such information, we shall have the right, in our sole and absolute discretion, to disable your password and prevent you from using your account, the Platform, or any features of the Platform.

It is your responsibility to keep the password you provided confidential and secure. You agree to be responsible for: (a) the accuracy of all information that you provide to us; (b) maintaining the confidentiality and security of any passwords or other account identifiers that you choose or that are otherwise assigned to you; and (c) all activities that occur under such password(s) or account(s). We recommend you choose a secure password that is not easily guessed by others and update it regularly, at least every three (3) months. In the event that your password is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information provided below. We are not responsible for your failure to comply with this clause, or for any delay in shutting down your account after you have reported a breach of security to us. You are solely responsible for any and all activities which occur under your account.

7. Account Functionality for Recipients / Person Managing Funds

As a Recipient/Person Managing Funds, the Platform provides you with tools to track your personal funding, Passport funding, residential funding, SSAH funding, and other Ministry funding. To activate any of these funding type options, log onto your account and navigate to “Funding Setup.” You must activate at least one funding option to complete your profile. Personal funding is automatically selected by default. Required information is marked with an asterisk. 

Once you have created your profile, you may use the Platform to:

a) Designate Support or Educational, Respite Workers accounts to allow you to track the work they have performed and verify their hours. Once you enter an expense for a Support or Respite Worker, that person must log on to their account to accept the hours you have entered, where applicable. The Support or Respite Worker must accept the hours you enter before you will be able to submit the information regarding the transaction to your Funding Agency. You may determine if the Support or Respite Worker has confirmed their hours by accessing the Review Expenses section of your account and reviewing the status of the expense.

b) Designate an account Inheritor, to administer and manage the account and all information therein if the Recipient and/or the Person Managing Funds (if any) are no longer able to do so,

c) Designate an Expense Management Agency if you wish your account to be managed by a third party.

a. NOTE: If you designate an Expense Management Agency, you are no longer able to add, edit, delete, or submit expenses using your account.  These functions are now managed by the Expense Management Agency. You are not required to select an Expense Management Agency. To remove an Expense Management Agency, you must contact the Expense Management Agency directly, or contact us using the contact information provided below.

d) View a financial summary that describes your total allocated funding, the funding used, and the balance remaining,

e) View a spending chart that allows you to visualize your expenditures by category,

f) Create and view a budget forecast, as well as set budget alert emails,

g) Enter, review and submit your expenses to your Funding Agency, such as housing, utilities, transportation, personal needs, and the rate paid to your support/respite workers (if any), among other things. You may upload a file of the receipt associated with the expense (e.g. PDF, Word, JPG)

Reviewing and Submitting Expenses and Transaction Information

The Platform allows you to submit information regarding your transactions to your Funding Agency. To submit an expense, after you have saved it as a transaction and have reviewed it to ensure it is accurate, click “Submit”, to submit it to your designated Funding Agency. By clicking “Submit” you authorize us to submit the transaction information you designate to your Funding Agency.

By clicking the “Manage Expenses” within your account, you may view the following classes of transactions:

· Saved Transactions, which are transaction information you have entered, but have not submitted to your Funding Agency,
· Submitted Transactions, which are transaction information you have submitted to your Funding Agency
· Pending Transactions, which are Support or Respite Worker expenses that you have entered but that have not been confirmed by a Support or Respite Worker.

Note:  As set out in section 4 of these Terms of Use, existing Users may request to have their Mydirectplan account and personal data deleted at any time in accordance with the Association’s Privacy Policy.

8. Expense Management Agency Functionality

To access the Platform as an Expense Management Agency, you must create your Expense Management Agency profile, by providing all information requested by the Platform, including your Expense Management Agency’s contact information. The contact information you provide will be available to those Recipients who have designated you as their Expense Management Agency.  

When using the Platform as a Expense Management Agency, you have access to the functionality described under Account Functionality for Recipients, however, you may manage and enter expenses for each of those recipients that have designated you as their Expense Management Agency.  The Expense Management Agency section of the Platform also permits you to:

a) Designate and delete sub-administrators who may manage and enter expenses for the Recipient accounts associated with you as an Expense Management Agency, as such accounts are assigned to the sub-administrator by the Expense Management Agency. After designating a sub-administrator, the sub-administrator will receive an email inviting them to set up their sub-administrator account. Only after registering and supplying the required information will the invited sub-administrator have access to the Platform.

a. While sub-administrators may manage and enter expenses for their assigned Recipient accounts, they may not submit expenses to a Funding Agency.  Only the Expense Management Agency admin account may submit expenses to an Agency for a Recipient.

b) Assign Recipients to sub-administrators, or remove them.

c) Manage Support or Respite Workers on behalf of Recipients, including by adding expenses and hours worked information for such Support or Respite Workers, adding Support or Respite Workers to the Platform, and by inviting Support or Respite Workers that have independently registered for the Platform. If you invite a Support or Respite Worker, the worker will receive an email inviting them to approve your invitation, and if they have not independently registered for the Platform, to register. Only when the invited Support or Respite Worker has accepted your invitation (and registered) will they appear in your list.

a. Note: As an Expense Management Agency, if you remove a Support or Respite Worker from your list, if that Support or Respite Worker was one you added to the Platform, their Support or Respite Worker profile will be deleted completely; however, any expenses associated with them will remain. If the Support or Respite Workers was independently registered and you had invited them, their worker profile will remain, but they will no longer appear in your list.

b. Where a Support or Respite Worker has accepted an invitation from an Expense Management Agency, the expenses entered by the Expense Management Agency in respect of the worker will not require independent confirmation from the Educational, Support or Respite  Worker to be submitted. Expenses submitted by an individual Recipient however, must still be confirmed by the Support or Respite Worker as described in section 5.

d) Invite and remove Recipients managed by the Expense Management Agency, and manage the addition, editing, deletion, reconciling, and submission of expenses, and receipts for such Recipients. If you invite a Recipient, the Recipient will receive an email inviting them to approve your invitation, and if they have not independently registered for the Platform, to register. Only when the Recipient has accepted your invitation (and registered) will they appear in your list of Recipients.

a. Note: Recipients who have un-submitted expenses cannot be invited by an Expense Management Agency.  The Recipient must submit or delete any saved but un-submitted expenses before they can be invited by the Expense Management Agency.

9. Code of Conduct

 Certain features and/or portions of this Platform may permit you to upload, post or otherwise transmit content that you have created (the “User Content”).

a. You hereby agree that you shall not use the Platform to upload, post, communicate or otherwise submit or transmit through, or to, the Platform any User Content that:

i. may, in the sole and absolute discretion of the Association, degrade, tarnish or deprecate the Association and/or the public image or standing in the community of the Association or any of its affiliates (including, without limitation, sponsors or endorsers of the Platform and/or the Association.
ii. is deemed, in the sole and absolute discretion of the Association, to be defamatory, trade libelous, pornographic or obscene;
iii. is deemed, in the sole and absolute discretion of the Association, to contain, depict, include, discuss or involve, without limitation, any of the following: nudity; alcohol/drug consumption or smoking; explicit or graphic sexual activity, or sexual innuendo; crude, vulgar or offensive language and/or symbols; derogatory characterizations of any ethnic, racial, sexual, religious or other groups; content that endorses, condones and/or discusses any illegal, inappropriate or risky behaviour or conduct; personal information of individuals, without the consent of those individuals, including, without limitation, names, telephone numbers and addresses (physical or electronic); commercial messages, comparisons or solicitations for products or services other than those of the Association; any identifiable third party products, trade-marks, brands and/or logos, other than those of the Association; conduct or other activities in violation of these Terms of Use or any applicable law or regulation; and/or any other content that is or could be considered inappropriate, unsuitable or offensive, all as determined by the Association in its sole and absolute discretion;
iv. contains any reference to or likeness of any identifiable third parties, unless consent has been obtained from each such individual and his/her parent/legal guardian if he/she is under the legal age of majority in his/her jurisdiction of residence;
v. is in any way disparaging, or might be seen to be disparaging, to the Association or any of its affiliates (including, without limitation, sponsors or endorsers of the Platform and/or the Association);
vi. 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 whatsoever;
vii. 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;
viii. contains (in any format or media) any music, logos, trade-marks or other copyrighted materials (including, but not limited to, photographs, pictures, texts and lyrics) unless you have first obtained all necessary consents and permissions from the owner or owners of such materials.

b. You hereby agree that you shall not use the Platform to:
  i. disrupt, place unreasonable burdens or excessive loads on, interfere with or attempt to gain unauthorized access to any portion of the Platform;
 ii. collect information about others without their consent;
iii. upload, post, email, transmit or otherwise make available any content that you do not have the right to disclose or make available.

c. Further, you hereby agree that you shall not engage in prohibited or unauthorized use of the Platform or of the Association’s systems, including, but not limited to, unauthorized entry into the systems, misuse of passwords, or misuse of any information on the Platform.

10. Intellectual Property Rights (Re: Platform Content)

The Platform consists of various graphics, texts, icons and buttons that have been provided by the Association and/or other entities under our direction (e.g. designers). All such content is owned by the Association and/or the applicable third-party entity. For greater certainty and the avoidance of doubt, the Association and applicable third party entities hold all right, title, and interest in and to any and all content provided by such parties for the Platform, including, without limitation, all such information in text, graphical, video and audio formats, images, icons, designs, trade-marks, brand names and software (collectively, the “Platform Content”). For greater certainty, Platform Content does not include User Content, and this provision does not restrict the ability of a user to download a previously submitted report, or to resubmit a report to their Funding Agency. You hereby acknowledge that the Platform Content is protected by all copyright, trade-mark, and other applicable intellectual property laws. Your use of the Platform does not grant or transfer to you or any other part any ownership or other rights in the Platform Content, and except as expressly provided, nothing herein or within the Platform shall be construed as conferring on you or any other party any license under any of the Association 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 Platform Content in any manner whatsoever. Any rights not expressly granted to you in these Terms of Use are expressly reserved by the Association. For greater certainty and the avoidance of doubt, you agree that you will not take any action that is inconsistent with the Association’s ownership of the Platform and/or the Association’s ownership of, or any third party’s ownership of, any Platform Content. Without limiting the generality of the foregoing, Users of this Platform shall be entitled to copy Platform Content contained within this Platform only for their own personal and non-commercial use, as well as such uses explicitly contemplated by these Terms, but may not republish or reproduce any such Platform Content in any manner, including, without limitation, via electronic reproduction by “uploading” or “downloading”, without the prior express written consent of the Association.

The Association hereby grants each Recipient, Person Managing Funds and Inheritor, a limited, non-exclusive and revocable license to make personal and non-commercial use of the Platform and its Platform Content as contemplated herein. For greater certainty and the avoidance of doubt, this limited license only allows you to view, download or print materials from this Platform 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 enumerated herein, and, for greater certainty, does not include permission to redistribute, reproduce or republish, in any form, any Platform Content contained within this Platform.

The Association hereby grants each Expense Management Agency, Educational works, Support workers or Respite Worker, Transfer Payment Recipients, SSAH Regional Offices and Passport Agency a limited, non-exclusive and revocable license to make limited commercial use of the Platform and its Platform Content as contemplated herein and in accordance with its legal and regulatory obligations. For greater certainty and the avoidance of doubt, this limited license only allows you to view, download or print materials from this Platform for your own limited 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 enumerated herein, and, for greater certainty, does not include permission to redistribute, reproduce or republish, in any form, any Platform Content contained within this Platform.

From time to time, the Association may make available as part of the Platform and Platform Content particular software including files, images and data relating to the software (the “Software“). You do not own the Software, and the Association does not transfer ownership of the Software to you. The Association retains full ownership of and title to the Software and all intellectual property rights related to the Software. You may not redistribute, sell, decompile, reverse engineer, disassemble, or otherwise reduce the Software to a human-perceivable form. If you download Software from the Platform, you represent and warrant to the Association that you are not acting in violation of those or other applicable laws.  

11. Use of Mobile Devices

If permitted or available through the Platform, to (a) to access or upload content to the Platform via your mobile device and/or tablet, (b) to access certain features through a mobile application you have downloaded and installed on your mobile device (collectively the “Mobile Services”), you must have a mobile communications subscription (or have the consent of the applicable subscriber) with a participating carrier or otherwise have access to a mobile communications network for which the Association makes the Platform available, and pay any fees associated with any such access. In addition, you must provide all equipment and software necessary to connect to the Platform, including, but not limited to, if the Platform contains a mobile element, a mobile handset or other mobile access device that is in working order and suitable for use in connection with the Platform.

You are responsible for ensuring that your equipment and/or software does not disturb or interfere with operations or the Platform. Any equipment or software causing interference will be immediately disconnected from the Platform and the Association will have the right to immediately terminate this Agreement. If any upgrade in or to the Platform requires changes in your equipment or software (including the operating system for your device), you must effect these changes at your own expense. Unless explicitly stated otherwise, any new or additional features that augment or enhance the current Platform, including the release of new services, products and platforms and/or sites, will be subject to the terms and conditions of this Agreement.

12. License Granted by Platform Users to the Association (Re: User Content)

Certain features and/or portions of this Platform permit you to upload, post or otherwise transmit User Content.  By using any such features and/or portions and providing User Content, you are giving the Association and/or the applicable third party entity permission to use any User Content you submit on or through the Platform for the purpose of operating the Platform in accordance with these Terms of Use. You may decide to discontinue use of the Platform and can request that your account be deactivated. However, some copies of your Content may be retained for the purpose of operating the Platform in accordance with these Terms of Use.

By using the Platform and providing User Content, you: (i) grant to the Association and/or the applicable third party entity 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, and distribute, any and all User Content (in any format or media) that you post on, upload or otherwise submit to or through, the Platform for the purpose of operating the Platform in accordance with these Terms of Use.

If you choose to provide the Association with any ideas or suggestions regarding our Platform, operations, marketing, or other activities, (“Ideas”), you grant and you represent and warrant that you have the right to so grant us: (i) 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 Ideas (in any format or media) that you post on, upload or otherwise submit to or through, the Platform or otherwise provide us; and (ii) waive all moral rights in and to all Ideas that you submit. This means that, among other things, the Association has the right to use any and all Ideas you submit (including ideas about our products, services, publications or advertising campaigns) in any manner that we choose, without any notice or obligation to you whatsoever. For greater certainty, Ideas do not include your account information, including without limitation, your financial information, expenses, transactions, and budget.

13. User Waivers and Representations

Without limiting any other provision in these Terms of Use, you also hereby acknowledge, agree, warrant and represent to the Association that:

a. you shall use the Platform in compliance with all applicable laws and regulations, and Code of Conduct

b. you shall be responsible for all acts or transactions that occur under your account, including, without limitation, for ensuring the accuracy, reliability or completeness of any and all User Content you upload, post or otherwise transmit to or through the Platform. In the event that your account is used without your consent or that you discover any other breach of security, you agree to promptly notify us using the contact information provided below and we will follow the Association’s data breach process as needed;

c. we cannot (nor are we required to) guarantee the accuracy, reliability or completeness of any User Content; and

d. we do not generally screen or edit User Content, but that we reserve the right, in our sole and absolute discretion, although we are under no legal obligation to do so, to monitor, edit or otherwise remove, without any notice and without obligation or incurring any liability, any User Content (or any portion of any User Content including personal information) on the Platform.

14. Indemnification by User

By using the Platform, each User  hereby AGREES to indemnify, defend and hold harmless the Association and each of its respective agents, employees, officers, directors, successors and assigns (collectively, the “Released Parties”) from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your actions on the Platform, 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 whatsoever.

15. Notice of Infringing Content

The Association reserves the right, in our sole and absolute discretion at any time and for any reason, to modify, edit or remove any Content (or any portion thereof) for any purpose in our sole discretion. To complain about any content, the Platform, and/or to provide notice of allegedly infringing materials on the Platform, please contact Community Living Toronto at: privacy@mydirectplan.com

16. Disclaimer of Warranties

 THE PLATFORM AND ALL INFORMATION CONTAINED ON OR ACCESSED FROM THE PLATFORM 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. FOR GREATER CERTAINTY, THE PLATFORM ALLOWS USERS TO TRANSFER INFORMATION REGARDING BUDGETS, FUNDS AND EXPENSES; HOWEVER, IT DOES NOT ALLOW YOU TO TRANSFER OR PROCESS ANY FUNDS OR PAYMENTS, OR TO CONDUCT ANY TRANSACTIONS, NOR ARE THE RELEASED PARTIES RESPONSIBLE OR LIABLE FOR ANY OF THE FOREGOING.

WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THE RELEASED PARTIES MAKE NO REPRESENTATION OR WARRANTY THAT: (I) THE PLATFORM WILL BE COMPATIBLE WITH YOUR COMPUTER, SOFTWARE OR OTHER DEVICE; (II) THE PLATFORM WILL BE AVAILABLE OR WILL FUNCTION WITHOUT INTERRUPTION OR ERROR; (III) THE USE OF THE PLATFORM, 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 PLATFORM WILL BE SECURE; (V) THE USE OF THE PLATFORM WILL NOT INFRINGE THE RIGHTS (INCLUDING, WITHOUT LIMITATION, INTELLECTUAL PROPERTY RIGHTS) OF ANY PERSON; OR (VI) THE USE OF THE PLATFORM WILL NOT CAUSE ANY DAMAGE TO YOUR COMPUTER SYSTEMS, DEVICE, SOFTWARE OR ELECTRONIC FILES.  

ANY INFORMATION MADE AVAILABLE ON THE PLATFORM IN ANY FORM IS FOR INFORMATIONAL PURPOSES ONLY. IT IS NOT, AND SHOULD NOT BE TAKEN AS FINANCIAL, LEGAL, MEDICAL OR OTHER PROFESSIONAL ADVICE. YOU SHOULD NOT RELY ON, OR TAKE OR FAIL TO TAKE ANY ACTION, BASED UPON THIS INFORMATION. NEVER DISREGARD PROFESSIONAL ADVICE OR DELAY IN SEEKING ADVICE BECAUSE OF SOMETHING YOU HAVE READ ON THE PLATFORM.

COMMENTS OR OPINIONS EXPRESSED ON THE PLATFORM ARE THOSE OF THEIR RESPECTIVE USERS ONLY. THE VIEWS EXPRESSED ON THE PLATFORM AND IN USER CONTENT DO NOT NECESSARILY REPRESENT OR REFLECT THE VIEWS OF THE ASSOCIATION.THE RELEASED PARTIES ARE NOT RESPONSIBLE FOR, AND DISCLAIM ALL LIABILITY IN RELATION TO, THE USER CONTENT POSTED, UPLOADED OR OTHERWISE SUBMITTED TO OR THROUGH THE PLATFORM.

ANY PRODUCTS AND/OR SERVICES DESCRIBED ON THE PLATFORM ARE OFFERED IN JURISDICTIONS WHERE THEY MAY BE LEGALLY OFFERED. THE INFORMATION ON THE PLATFORM IS NOT AN OFFER OR SOLICITATION BY ANYONE  IN ANY JURISDICTION IN WHICH AN OFFER OR SOLICITATION CANNOT LEGALLY BE MADE, OR TO ANY PERSON TO WHOM IT IS UNLAWFUL TO MAKE A SOLICITATION.

17. Limitations of Liability

TO THE GREATEST EXTENT PERMITTED BY LAW, THE RELEASED PARTIES WILL NOT UNDER ANY CIRCUMSTANCES BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DAMAGES OR INJURY, INCLUDING ANY DIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES WHATSOEVER ARISING FROM, CONNECTED WITH, OR RELATING TO THE PLATFORM. YOU EXPRESSLY ACKNOWLEDGE THAT THE ASSOCIATION HAS ENTERED INTO THIS AGREEMENT WITH YOU AND MAKES THE PLATFORM 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 ASSOCIATION. 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.

18. 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 Released Parties 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 Platform, such as transmissions involving the exchange of electronic messages of any kind (including those which may contain your personal information).  While commercially reasonable efforts are made to help ensure that the Platform is suitable for use on a wide variety of systems, you should take reasonable and appropriate precautions to scan for computer viruses, and ensure compatibility of the Platform with your specific system. You should always ensure that you have a complete and current backup of the information contained on your computer system.

19.   Accuracy and Changes

Facts and information provided by the Association on the Platform are believed to be accurate when placed on the Platform. Changes may be made at any time to the information at this Platform without prior notice. Please consult the Association for complete and up-to-date information.

20. Trade-Marks and Copyright 

Certain names, graphics, logos, icons, designs, words, titles or phrases contained within the Platform may constitute trade names, registered or unregistered trade-marks or service marks (collectively, “Trade-marks”) of the Association or other entities.  Trade-marks may be registered in Canada and in other countries as applicable. All Trade-marks not owned by the Association are the property of their respective owners, and, where used by the Association 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 Platform may be construed as granting, by implication, estoppel, or otherwise, any license to use any Trade-mark(s).  You (and your parent or legal guardian on your behalf, if you are under the age of majority in your jurisdiction of residence) agree that you will not take any actions inconsistent with the Association’s ownership of, or any third party’s ownership of, the Trade-marks.

21. Governing Law and Jurisdiction

These Terms of Use, your use of the Platform, and all related matters shall be governed solely by the laws of Ontario, without regard to the conflicts of law provisions of any jurisdiction. You hereby irrevocably submit to the exclusive jurisdiction of the courts of Ontario in relation to all disputes arising from or related to this Agreement, your use of the Platform and any related matters.

22. Links and Other Platforms

This Platform may contain links to websites that are 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 subsidiaries, affiliates or 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 Platform to other websites, or references to products, services or publications other than those of the Association, do not imply the endorsement or approval of such websites, products, services or publications by the Association.

In the event of any discrepancy or inconsistency between these Terms of Use and disclosures or other statements contained in any websites featured on the Platform or linked to the Platform; the terms and conditions of these Terms of Use shall prevail, govern and control to the fullest extent permitted by law.

23. Termination

If you breach any provision of these Terms of Use you may no longer use the Platform. We may change, suspend or terminate, temporarily or permanently, the Platform 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 Platform (or any feature or portion thereof) 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 Platform and anything relating to or arising from such use. If you are dissatisfied with the Platform or with these Terms of Use or Privacy Policy, then your sole and exclusive remedy is to discontinue using the Platform. The Disclaimer and Limitation of Liability, Intellectual Property and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

24.   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.

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

The section titles in these Terms of Use are for convenience only and have no legal or contractual effect.

25. Contact Us

If you have any questions, or would like contact us, you may send an email to privacy@mydirectplan.com 

You may also write us at:

Community Living Toronto
20 Spadina Rd
Toronto, ON M5R 2S7