Purchase terms and conditions & intellectual property

(Last Updated on September 20, 2024)

THIS AGREEMENT GOVERNS PURCHASE OF PRODUCTS AND SERVICES FROM FIRST REFERENCE INC., A CANADIAN PUBLISHING COMPANY AND ITS AFFILIATED COMPANIES (“First Reference”), USING THIS WEBSITE. READ IT CAREFULLY. IF YOU DO NOT ACCEPT THESE TERMS, DO NOT PLACE YOUR ORDER.

1 Definitions

“Product” and “Service” will mean any software, platform, electronic, and online product and/or service including but not limited to related documentation, sold or licensed by First Reference.

“Order” will mean any trial or purchased order or licence purchased order for Product(s) and Service (s) placed by email, phone, and fax, or through a landing page or form on the www.firstreference.com website for delivery to an address or download or online access from the website.

“Customer(s)” will mean any person or persons placing an Order.

“Purchase licence” is when you are buying the right, or getting a license, to use First Reference software or platform or content in accordance with the End-User-Licence Agreement (EULA). The EULA explains exactly how you can use the software, platform or content you purchase and identifies specific restrictions on your use of the software, platform or content. The EULA generally governs the continuous use of the software, platform or content by an individual or group of individuals.

2 Products and Services

The products and services of First Reference Inc. are designed to provide current, authoritative compliance-based information, samples, documents and forms. The company is not, however, engaged in rendering any form of legal or other professional advice, which should be sought from a competent professional in the relevant field.

First Reference continually updates, upgrades and revises its Products and Services. First Reference may revise and/or discontinue Products and Services at any time. First Reference will display current products and services on its website and will post an End-of-Life Policy regarding a specific product and services that has been discontinued or upgraded to a newer version.

3 Online Products

The use of any First Reference online product is subject to the Terms and Conditions of Use applicable to that product. Customer agrees that it will be bound by such agreement after receiving access and use of the Product. These terms and conditions will be deemed to constitute a “writing”, whether or not you choose to print them out in hard copy. For purposes of evidence in any legal proceeding, a hard copy printout of these Terms and Conditions will constitute an authentic original of the agreement between us.

5 Software and Electronic Products, Services and Platforms

The use of any First Reference software or electronic Product, Services and Platforms is subject to the terms of the End-User License Agreement (EULA) applicable to that product. Customer agrees that it will be bound by such agreement upon registering, downloading, installing or accessing online the Product, Services and Platforms after completing the order. These terms and conditions will be deemed to constitute a “writing”, whether or not you choose to print them out in hard copy. For purposes of evidence in any legal proceeding, a hard copy printout of these Terms and Conditions will constitute an authentic original of the agreement between us.

6 Prices

Prices for products, services and licences may be posted on the First Reference website. First Reference reserves the right to not post prices for products, services and licences, change advertised prices and any associated charges without advance notice.

Prices when posted do not include any applicable federal or provincial sales, value-added or similar taxes. All such taxes will be paid by Customer.

First Reference is unable to process tax exempt sales on this site. Any customer entitled to a tax exemption must contact 1-800-750-8175 or 905-761-7305 for personalized customer service.

While First Reference makes every effort to ensure the accuracy of its invoicing, it is understood that the failure to invoice a relevant tax does not remove the purchaser’s liability for same. All prices are quoted in Canadian dollars (CAD).

7 Order acceptance by First Reference/Cancellation of order due to errors

All orders placed by Customers will be subject to acceptance by First Reference. Placement of an order by a Customer does not constitute acceptance by First Reference. Acceptance of an order by First Reference occurs when First Reference issues a confirmation and/or invoice of an order by email, fax or other means to the Customer.

If a product is not available at the time of your order, customer service will contact you to let you know when it will be available, or if it is no longer published.

First Reference is not responsible for typographical or other errors, including pricing errors, and reserves the right to cancel any orders resulting from such errors.

8 Subscription Period

All products and services are sold on a subscription basis. Our products and services have a 12-month subscription period, after which time you will receive an automatic renewal invoice. Your invoice will be sent to you prior to the renewal date. If you do not wish to renew at that time, you must return the invoice by fax or mail requesting a cancellation.

9 Payment Terms

Invoices for products and services are rendered on an annual basis with a payment due date corresponding to the first day of the subscription period.

10 Payment Method

First Reference accepts payment by cheque, MasterCard, Visa and American Express credit cards, issued by a Canadian financial institution.

The cardholder must be the one who places the order. An order cannot be placed on behalf of anyone else. If a customer uses a company card, the customer’s name must also be listed as a cardholder on the account.

11 Cancellations and Returns

For purchased products and services and purchased licence, specific cancellation and return policies apply based on product type found in the End-User Licence Agreement or Terms and Conditions of Use.

12 Overdue Accounts

First Reference reserves the right to charge overdue accounts a 1.5% interest charge per month (18% per annum).

13 Privacy and Security

Our Privacy Policy sets out our obligations with respect to the safeguarding, collection and use of your personal information, and is subject to modification from time to time by us. You agree to review the Privacy Policy posted on the First Reference website at www.firstreference.com/privacy periodically to become aware of any such modifications. Continued access or use of First Reference will be deemed to be conclusive acceptance by you of the modified Privacy Policy.

Personal Information will be protected by security safeguards that are appropriate to the sensitivity level of the information.

First Reference uses Secure Socket Layer security for all online transactions. An order confirmation will be sent to the email address, or fax number provided by the customer.

While First Reference cannot guarantee that unauthorized access will never occur, rest assured that First Reference takes great care in maintaining the security of your personal information and in preventing unauthorized access to it through the use of appropriate technology and internal procedures.

14 Special Offers

Limited time and special offers, promotions and discounts are subject to change without notice. Only one special offer is applicable per order and may not be combined with any others.

15 Customer and Technical Support

First Reference customer and technical support people will attempt to handle over the telephone any problems involving First Reference Products and Services. Customer and technical support contact numbers will be included with your invoice, which will arrive within 3–5 days of receipt of your order or after your download of an order or online access. These numbers are also available on www.firstreference.com under Contact.

16 Territory

First Reference’s website originates in Canada.

17 Governing Law

Orders and sales will be governed by and construed in accordance with the laws of the province of Ontario, including the applicable federal laws of Canada, but excluding that body of law applicable to choice of law and excluding the United Nations Convention on Contracts for the International Sale of Goods and any legislation implementing such Convention, if otherwise applicable. Customer consents to the jurisdiction of the courts of such province or territory. If any provision of these Terms and Conditions of Use will be unlawful, void or for any reason unenforceable, then that provision will be deemed severable from this agreement and will not affect the validity and enforceability of any remaining provisions.

19 Headings

The section headings used herein are for convenience or reference only and do not form a part of these terms and conditions, and no construction or inference will be derived therefrom.

19 Intellectual Property

You should assume that all materials on this Website and in our products and services are protected by copyright unless otherwise noted and may not be used except as permitted in these terms and conditions or with the express written consent of First Reference.

This website and agreement may contain proprietary notices and copyright information, the terms of which must be observed and followed.

First Reference products, services and website contains, or links to, copyrighted material, trademarks and other proprietary information, including, but not limited to, text, software, photos, video, graphics, music and sound; and the entire contents of First Reference products, services and websites are copyrighted as a collective work under the copyright laws. We own a copyright in the selection, coordination, arrangement and enhancement of such content, and own or licence a copyright in the content original to it or contained in it. You may not modify, publish, transmit, participate in the transfer or sale of, create derivative works of, or in any way exploit, such material or content, in whole or in part.

Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial exploitation of material or content will be permitted without our express permission and that of the copyright owner. In the event of any permitted copying, redistribution or publication of copyrighted material, no changes in or deletion of author attribution, trademark legend or copyright notice will be made. You acknowledge that you do not acquire any ownership rights by accessing, using or downloading copyrighted material.

Nothing contained on this site should be considered as granting, by implication, estoppel, or otherwise, any license or right to use any trademarks, logos or other names, including, but not limited to, those identifying us and related companies or their respective products and services displayed on the site, without our express written consent or the express written consent of such third parties that may own such trademarks, logos and other names displayed on this site.

The products, services and brand names, images and photos mentioned on this site are protected by copyright and trademark. Republication or redistribution of First Reference Inc. content, including by framing or similar means, is prohibited without the prior written consent of First Reference Inc.

  • “First Reference” and the First Reference logo are registered trademarks of First Reference and its affiliated companies.
  • “La Référence” and the La Référence logo are trademarks of First Reference and its affiliated companies.
  • “HRinfodesk” is a registered trademark of First Reference and its affiliated companies. The HRinfodesk logo is trademark of First Reference and its affiliated companies.
  • “Compliance made easy” is a registered trademark of First Reference and its affiliated companies.
  • “Employment Law at Work” is a registered trademark of First Reference and its affiliated companies.
  • “Quick Reference to Employment Law” is a registered trademark of First Reference and its affiliated companies.
  • “PolicyPro” and the Human Resources PolicyPro logo are registered trademarks of First Reference and its affiliated companies.
  • Human Resources Advisor logo is a registered trademark of First Reference and its affiliated companies.
  • “HR eSource”, “eSource RH”, are registered trademarks of First Reference and its affiliated companies.
  • “HRtrack” and HRtrack logo are trademarks of First Reference and its affiliated companies.
  • Men & women seated at a table in the form of a CD-ROM Design logo is a registered trademark of First Reference and its affiliated companies.
  • Silhouette of a man & a woman design logo is a registered trademark of First Reference and its affiliated companies.
  • The Human Resources Advisor and Human Resources PolicyPro are trademarks of First Reference and its affiliated companies.
  • PaySource is a registered trademark of First Reference and its affiliated companies.
  • Inside HRA, Inside PaySource and Inside Policies are trademarks of First Reference and its affiliated companies.
  • From Policy to Sign Off is a trademark of First Reference and its affiliated companies.

20 Miscellaneous Legal Information

INFORMATION ON THE FIRST REFERENCE WEBSITE IS PROVIDED “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABLE QUALITY, FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU.

Information on this website may contain technical inaccuracies or typographical errors. Information may be changed or updated without notice. First Reference may also make improvements and/or changes in the products and/or the programs and/or the services described in this information at any time without prior notice. The materials that you read on the website are provided solely for marketing, promotional and commercial purposes.

Prices, features and specifications are subject to change without notice. Images displayed on this website are simulated. All non-metric weights and measurements are approximate.

First Reference checks the accuracy of product/service description and prices, but occasionally an error slips through or a change is made after publishing. We reserve the right to make corrections.

You declare all information provided by you, or those designated to represent you including members of your organization, is factual and accurate.

The parties have required that this Agreement and all documents relating thereto be drawn up in English. Les parties ont exigées que la présente convention ainsi que tous documents s’y rattachant soient rédigées dans la langue anglaise.

These terms and conditions will be deemed to constitute a “writing”, whether or not you choose to print them out in hard copy. For purposes of evidence in any legal proceeding, a hard copy printout of these Terms and Conditions will constitute an authentic original of the agreement between us.

Use of this Website constitutes acceptance of these terms.

For more information, inquiries or to confirm availability of First Reference products, call First Reference customer service at 1-800-750-8175 or 905-761-7305. You can also send an email to info@firstreference.com.