Scope of these Terms

These Terms govern your use of the Website only. They do not, in themselves, create or govern any professional-services relationship between you (or your organization) and Senior Maple Marketing Ltd. Any professional services we may provide to your organization are governed by separately executed agreements, as described in Section 11.

The Website is a marketing and information channel. It does not allow visitors to purchase services, create user accounts, post comments, upload files, or transact in any other way. Inquiry forms and newsletter sign-ups are the only interactive features.

Eligibility and intended audience

The Website is intended for business and professional users in Canada and the United States. By accessing or using the Website, you represent and warrant that:

• You are at least 18 years of age.
• You are accessing or using the Website in a business or professional capacity, on your own behalf or on behalf of an organization that you are authorized to represent.
• Your use of the Website complies with all laws and regulations applicable to you and your organization.

If you do not meet these requirements, you must not use the Website.

Permitted use

Subject to these Terms, we grant you a limited, non-exclusive, non-transferable, non-sublicensable, revocable licence to access and use the Website for lawful business and informational purposes. This includes:

• Browsing the Website to learn about our services, industries, and approach.
• Submitting inquiries through the contact form.
• Subscribing to our newsletter and similar communications.
• Booking discovery calls, consultations, or meetings if and when such functionality is offered.
• Downloading or printing reasonable portions of the Website for your internal business reference, provided you preserve all copyright and proprietary notices.

All other rights are expressly reserved.

Prohibited conduct

You agree not to:

• Use the Website in any manner that violates any applicable federal, provincial, state, local, or international law or regulation.
• Use any robot, spider, scraper, or other automated means to access the Website, or attempt to extract or harvest data from the Website without our prior written consent, except for the limited purposes of legitimate search-engine indexing.
• Reproduce, duplicate, copy, sell, resell, or otherwise commercially exploit any portion of the Website or its content, except as expressly permitted in Section 3.
• Reverse-engineer, decompile, or disassemble any portion of the Website, or attempt to derive its source code or underlying ideas or algorithms.
• Probe, scan, test the vulnerability of, or breach the security or authentication measures of the Website, or interfere with or disrupt the Website's operation.
• Introduce viruses, worms, trojans, or other malicious code, or upload or transmit material that is harmful, infringing, defamatory, harassing, deceptive, or otherwise objectionable.
• Use the Website to send unsolicited commercial messages, to violate Canada's Anti-Spam Legislation (CASL), or to scrape personal information about other visitors.
• Misrepresent your identity or affiliation, or impersonate any person or entity, in any communication with us through the Website.
• Use the Website in any way that could damage, disable, overburden, or impair the Website or interfere with any other party's use of it.

We reserve the right to investigate and take appropriate action against anyone who violates these Terms, including blocking access to the Website, removing content, and reporting violations to law-enforcement or regulatory authorities.

Intellectual property

All content on the Website – including text, graphics, logos, icons, images, audio, video, software, and the selection, arrangement, and “look and feel” of the Website – is owned by Senior Maple Marketing Ltd., its licensors, or other content providers, and is protected by Canadian, U.S., and international copyright, trademark, and other intellectual-property laws.

“Business Analysis Canada,” the Business Analysis Canada logo, and any related names, marks, and designs are trademarks of Senior Maple Marketing Ltd. You may not use these trademarks without our prior written consent. Other names, marks, and logos appearing on the Website are the property of their respective owners.

Nothing on the Website should be construed as granting, by implication, estoppel, or otherwise, any licence or right to use any trademark, logo, or copyrighted material displayed on the Website without our prior written consent or that of the relevant rights holder.

Third-party links, content, and platforms

The Website may contain links to third-party websites, services, or resources – for example, our profiles on professional networks, partner websites, embedded videos, or external articles. We provide these links for convenience only. We do not control and are not responsible for the content, privacy practices, or terms of any third-party website or service.

Your use of any third-party website or service is at your own risk and is subject to that third party's terms and privacy practices. We encourage you to review them before providing personal information or relying on third-party content.

User submissions and feedback

If you submit comments, suggestions, ideas, feedback, or other materials to us through the Website (other than personal information governed by our Privacy Policy), you grant Senior Maple Marketing Ltd. a perpetual, irrevocable, royalty-free, worldwide, sublicensable licence to use, reproduce, modify, adapt, publish, and incorporate that material into our services, marketing, and operations, without obligation of attribution or compensation, to the maximum extent permitted by applicable law.

You represent and warrant that any material you submit is your original work or that you have all necessary rights to grant the licence above, and that the material does not violate any third-party rights or applicable law. We are not obligated to keep submissions confidential unless we have agreed to do so in a written confidentiality agreement signed by an authorized representative of Senior Maple Marketing Ltd.

Privacy and cookies

Our collection, use, and disclosure of personal information through the Website is governed by our Privacy Policy and our Cookies Policy. Both documents are incorporated into these Terms by reference and explain how we comply with PIPEDA, Quebec Law 25, CASL, and applicable U.S. state privacy laws. Please read them before using the Website.

Electronic communications and newsletters

If you submit your email address through the Website (for example, through the contact form or newsletter subscription), you consent to receive electronic communications from us in connection with your inquiry or subscription. We send commercial electronic messages, including our newsletter, only on the basis of valid express or implied consent under CASL, and every commercial message includes a clear unsubscribe mechanism. Please refer to Section 12 of our Privacy Policy for full details on how we manage consent for marketing communications.

Professional services and separately executed agreements

These Terms do not, by themselves, create any obligation on our part to provide professional services to you or your organization, and they do not govern any such services.

Any professional services that Senior Maple Marketing Ltd. (operating as Business Analysis Canada) may provide to your organization are governed by a separately executed Master Services Agreement (“MSA”), Statement of Work (“SOW”), proposal, engagement letter, or equivalent written agreement (collectively, the “Services Agreement”).

• A Services Agreement may be executed electronically (for example, by means of a recognized e-signature platform) or in physical form, and either method is binding to the extent permitted by applicable law (including the Personal Information Protection and Electronic Documents Act, Part 2).
• In the event of any conflict or inconsistency between these Terms and a Services Agreement signed by both parties, the Services Agreement prevails for the engagement to which it relates.
• No statement, description, illustration, case study, testimonial, fee indication, timeline, or other content on the Website constitutes a binding offer to provide services, a representation of price or scope, or the formation of a service relationship. A service relationship arises only upon execution of a Services Agreement.
• Submission of an inquiry through the Website does not create a service, advisory, or fiduciary relationship of any kind, and no such relationship will exist until a Services Agreement is signed by both parties.

Disclaimers

The Website and all content on it are provided on an “as is” and “as available” basis, without representations, warranties, or conditions of any kind, whether express, implied, or statutory, to the maximum extent permitted by applicable law. Without limiting the generality of the foregoing, we do not warrant that:

• The Website or any content on it is accurate, complete, current, reliable, error-free, or uninterrupted.
• The Website will be available at any particular time or location, secure, or free of viruses or other harmful components.
• Any content on the Website will achieve any particular result if relied on by you or your organization.

Content on the Website – including articles, glossary entries, frequently-asked-questions, case studies, and other materials – is provided for general informational and marketing purposes only. It is not intended as, and must not be relied upon as, legal, financial, accounting, tax, regulatory, or professional advice for your specific circumstances. You should consult appropriately qualified professionals before making any decision based on the Website's content. Any reliance you place on the Website is strictly at your own risk.

To the extent applicable law does not permit the exclusion of certain warranties or conditions, those warranties and conditions are limited in duration and scope to the minimum required by applicable law.

Limitation of liability

To the maximum extent permitted by applicable law, in no event will Senior Maple Marketing Ltd., its affiliates, directors, officers, employees, agents, contractors, or licensors be liable to you or any third party for:

• Any indirect, incidental, special, consequential, exemplary, or punitive damages, including loss of profits, loss of revenue, loss of business opportunity, loss of data, loss of goodwill, or business interruption, even if we have been advised of the possibility of such damages.
• Any damages arising from your reliance on, or inability to access or use, the Website or its content.
• Any damages arising from third-party content, third-party websites, or the conduct of any third party in connection with the Website.

Our aggregate liability arising out of or in connection with your use of the Website, regardless of the form of action (whether in contract, tort, statute, or otherwise), is limited to the greater of (a) one hundred Canadian dollars (CAD $100), or (b) the total amount you have paid to us, if any, in the twelve (12) months preceding the event giving rise to the claim.

Nothing in these Terms limits or excludes any liability that cannot be limited or excluded under applicable law, including liability for fraud, fraudulent misrepresentation, or wilful misconduct. Where a Services Agreement is in place, the limitation of liability set out in that Services Agreement applies to matters within its scope.

Indemnification

You agree to indemnify, defend, and hold harmless Senior Maple Marketing Ltd. and its affiliates, directors, officers, employees, agents, contractors, and licensors from and against any claims, demands, actions, losses, liabilities, damages, costs, and expenses (including reasonable legal fees) arising out of or related to:

• Your access to or use of the Website.
• Your breach of these Terms.
• Your violation of any applicable law or regulation.
• Your violation of the rights of any third party in connection with your use of the Website.

We reserve the right, at our own expense, to assume the exclusive defence and control of any matter otherwise subject to indemnification by you. In that event, you agree to cooperate with our defence of the matter.

Termination and suspension of access

We may, in our sole discretion and without notice or liability, suspend or terminate your access to the Website (in whole or in part) at any time, for any reason, including if we believe that you have violated these Terms or any applicable law.

Sections 5 (Intellectual property), 7 (User submissions and feedback), 10 (Professional services and separately executed agreements), 11 (Disclaimers), 12 (Limitation of liability), 13 (Indemnification), 17 (Governing law and dispute resolution), and 18 (General) survive termination of these Terms or your access to the Website.

Changes to these Terms

We may update these Terms from time to time to reflect changes in our practices, our services, or applicable law. The “Last updated” date and version number at the top of these Terms indicate when they were most recently revised.

For non-material updates, the revised Terms take effect on posting, and your continued use of the Website constitutes acceptance of those updates to the extent permitted by applicable law. For material changes – for example, changes that materially expand your obligations, materially limit our liability, or materially change the basis on which we collect or use personal information – we will provide additional notice (for example, by posting a prominent notice on the Website or, where appropriate, by email) and will seek fresh consent where required by applicable law. We retain a record of each version of these Terms so that we can identify which version applied at any given time.

Force majeure

We are not liable for any failure or delay in performance under these Terms (other than payment obligations, if any) caused by events beyond our reasonable control, including acts of God, natural disasters, war, terrorism, civil unrest, governmental action, labour disputes, internet or telecommunications failures, cyber-attacks, pandemics, or interruptions in third-party services on which the Website depends.

Governing law and dispute resolution

These Terms, and any dispute arising out of or in connection with them or with your use of the Website, are governed by and construed in accordance with the laws of the Province of New Brunswick and the federal laws of Canada applicable in that province, without regard to conflict-of-laws principles.

You and Senior Maple Marketing Ltd. agree to submit to the exclusive jurisdiction of the courts of the Province of New Brunswick, sitting in the Judicial District of Saint John, for the resolution of any such dispute, and waive any objection to venue in those courts.

Nothing in this Section limits any right that you may have, as a resident of Quebec or another jurisdiction, to bring or defend proceedings under mandatory consumer-protection or privacy legislation that cannot be waived by contract. The Website and our services are directed to business users; if you nonetheless qualify for protection under any such legislation, those rights are preserved.

To the maximum extent permitted by applicable law, any cause of action or claim you may have arising out of or relating to these Terms or the Website must be commenced within one (1) year after the cause of action accrues.

General provisions

Entire agreement

These Terms, together with our Privacy Policy and Cookies Policy and (where applicable) any Services Agreement, constitute the entire agreement between you and Senior Maple Marketing Ltd. regarding the Website, and supersede all prior or contemporaneous communications and proposals (whether oral, written, or electronic) between you and us regarding the Website.

Severability

If any provision of these Terms is held to be invalid, illegal, or unenforceable, that provision will be severed or limited to the minimum extent necessary, and the remaining provisions will continue in full force and effect.

No waiver

Our failure to enforce any right or provision of these Terms is not a waiver of that right or provision. A waiver of any provision is effective only if made in writing and signed by an authorized representative of Senior Maple Marketing Ltd.

Assignment

You may not assign or transfer these Terms, by operation of law or otherwise, without our prior written consent. Any attempted assignment without consent is void. We may assign these Terms freely, including in connection with a merger, acquisition, financing, reorganization, or sale of all or part of our business.

No third-party beneficiaries

These Terms do not, and are not intended to, confer any rights or remedies on any person other than you and Senior Maple Marketing Ltd.

Notices

Notices to us under these Terms must be sent in writing to the address set out in Section 19. We may give notice to you by email (using the address you have provided), by posting a notice on the Website, or by other reasonable means.

Language

The parties have expressly requested that these Terms and all related documents (including notices) be drawn up in the English language. Les parties ont expressément exigé que les présentes conditions et tous les documents s'y rapportant (y compris les avis) soient rédigés en langue anglaise.

Headings

Section headings in these Terms are for convenience only and do not affect interpretation.

How to contact us

Questions about these Terms should be directed to:

Senior Maple Marketing Ltd.

operating as Business Analysis Canada

133 Prince William Street, Suite 801

Saint John, NB E2L 2B5, Canada

Email: office@business-analysis.ca