Introduction

This page contains important information regarding your rights and obligations, as well as conditions, limitations, and exclusions that may apply to you. Please read it carefully.

The Ottawa Question Bank (referred to as, OQB, us, we, or our) offers a subscription-based service that provides access to a comprehensive database of medical questions and answers designed to help you assess your knowledge and prepare for exams. A subscription to the OQB also includes access to a community of users and data about performance on questions.

By placing an order for a subscription from the OQB website, www.theottawaquestionbank.ca (the Website), you accept and are bound by these Terms and Conditions (Terms), including those additional terms and conditions and policies referenced herein and/or available by hyperlink.

You may not order or obtain a service from this Website if you fail to agree to these Terms, are not at least 18 years of age, or are prohibited from accessing or using this Website or any of its contents or services by applicable law.

Our store is hosted on Stripe. They provide us with the online e-commerce platform that allows us to sell our service to you.

Overview

These Terms apply to the purchase and sale of OQB services, such as the purchase of a subscription to the OCB through the Website. These Terms are subject to change by OQB without prior written notice at any time, at our sole discretion. Your continued use of the Website or our services after a posted change in these Terms will constitute your acceptance of and agreement to such changes and will apply to all orders made on or after the effective date of the new Terms. It is your responsibility to check this page periodically for changes.

These Terms are an integral part of the Website Terms of Use that apply generally to the use of our Website. You should also carefully review our Privacy Policy before placing an order for our services through this Website.

Orders

You agree that your order placed on the Website for our services is an offer to purchase, under these Terms, the subscription as listed in your order. We will not be obligated to sell our services to you until your order is accepted by us in accordance with these Terms. We reserve the right to refuse any order you place with us. We may, in our sole discretion, limit or cancel quantities purchased per person, per household or per order. These restrictions may include orders placed by or under the same customer account, the same credit card, and/or orders that use the same billing and/or shipping address. We reserve the right to limit or prohibit orders that, in our sole judgment, appear to be placed by dealers, resellers or distributors. After having received your order, we will send you a confirmation with your order number and details of the items you have ordered. Acceptance of your order and the formation of the contract of sale between OCB and you will not take place unless and until you have received your order confirmation. You have the option to cancel your order at any time before we have sent your order confirmation by contacting theottawaquestionbank@gmail.com.

You will need certain technical requirements in order to purchase and use the OQB services, including an internet connection, device with internet connectivity, web browser, an updated operating system, and any other technical requirements that are required to navigate the internet. It is your sole responsibility, and not the responsibility of OCB in any manner whatsoever, to ensure that you have the technical requirements in order to view, access, and use the Website.

Prices and Payment Terms

All prices posted on this Website are subject to change without notice. The price charged for a service will be the price in effect at the time the order is placed and will be set out in your order confirmation. Price increases will only apply to orders placed after such changes. Posted prices do not include taxes. All federal and provincial taxes will be added to your total and in your order confirmation. We are not responsible for pricing, typographical, or other errors in any offer by us and we reserve the right to cancel any orders arising from such errors.

Terms of payment are within our sole discretion and payment must be received by us before our acceptance of an order. We accept VISA, Master Card, American Express, and Discovery credit cards as well as Link for all purchases. You represent and warrant that (i) the credit card information you supply to us is true, correct, and complete, (ii) you are duly authorized to use such credit card for the purchase, (iii) charges incurred by you will be honored by your credit card company, and (iv) you will pay charges incurred by you at the posted prices, including all applicable taxes, if any.

Returns and Refunds

All purchases are non-refundable. Subscriptions are non-refundable and can be cancelled at anytime.

Disclaimer and Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, OQB EXPRESSLY DISCLAIMS, ALL WARRANTIES IN RELATION TO THE SERVICES, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, ANY IMPLIED WARRANTY OR CONDITION OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, NON-INFRINGEMENT, SATISFACTORY QUALITY, OR ARISING FROM A COURSE OF DEALING, LAW, USAGE, OR TRADE PRACTICE TO THE EXTENT PERMITTED IN LAW. TO THE EXTENT AN IMPLIED WARRANTY CANNOT BE EXCLUDED, SUCH WARRANTY IS LIMITED IN DURATION TO THE WARRANTY PERIOD.

TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, EXCEPT WHERE SUCH EXCLUSIONS ARE PROHIBITED BY APPLICABLE LAW, UNDER NO CIRCUMSTANCE WILL OQB OR ITS PARENT, SUBSIDIARIES, AFFILIATES OR THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, SERVICE PROVIDERS, CONTRACTORS, LICENSORS, LICENSEES, SUPPLIERS, OR SUCCESSORSBE LIABLE FOR NEGLIGENCE, GROSS NEGLIGENCE, NEGLIGENT MISREPRESENTATION, FUNDAMENTAL BREACH, LOSSES OR DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, INCLUDING ANY PUNITIVE, INCIDENTAL, CONSEQUENTIAL, SPECIAL OR INDIRECT DAMAGES, INCLUDING, BUT NOT LIMITED TO, LOSS OF REVENUE, LOSS OF PROFITS, LOSS OF BUSINESS OR ANTICIPATED SAVINGS, LOSS OF USE, LOSS OF GOODWILL, LOSS OF DATA, AND WHETHER CAUSED BY TORT (INCLUDING NEGLIGENCE), BREACH OF CONTRACT, BREACH OF PRIVACY, OR OTHERWISE, REGARDLESS OF WHETHER SUCH DAMAGES WERE FORESEEABLE AND WHETHER OR NOT OQB WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, ARISING OUT OF OR IN CONNECTION WITH THESE TERMS, THE WEBSITE, OR THE USER'S USE OF, OR INABILITY TO USE, OR RELIANCE ON, THE WEBSITE, OR ANY CONTENT, MATERIALS, POSTING, OR INFORMATION CONTAINED THEREIN (COLLECTIVELY, THE RELEASED MATTERS).

YOU HEREBY EXPRESSLY WAIVE AND RELEASE, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ANY AND ALL CLAIMS, CAUSES OF ACTION, DEMANDS, RECOVERIES, LOSSES, LIABILITIES, DAMAGES (ACTUAL AND CONSEQUENTIAL), FINES, PENALTIES AND OTHER COSTS OR EXPENSES, OF ANY KIND OR NATURE, INCLUDING BUT NOT LIMITED TO REASONABLE LEGAL AND ACCOUNTING FEES (COLLECTIVELY, THE CLAIMS), WHICH YOU HAVE OR MAY IN THE FUTURE HAVE AGAINST OQB, ITS AFFILIATES, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, SHAREHOLDERS, EMPLOYEES, AGENTS, REPRESENTATIVES, SUCCESSORS, AND ASSIGNS (COLLECTIVELY, RELEASED PARTIES), ARISING OUT OF, IN CONNECTION WITH, OR ATTRIBUTABLE TO THE RELEASED MATTERS. YOU COVENANT NOT TO MAKE OR BRING ANY SUCH CLAIM AGAINST THE RELEASED PARTIES OR ANY ONE OF THEM AND FOREVER RELEASE AND DISCHARGE THE RELEASED PARTIES FROM LIABILITY UNDER SUCH CLAIMS.

Notwithstanding the foregoing, if any Released Party is held liable for Claims arising out of, resulting from, or in any way connected with the Released Matters, the aggregate liability of the Released Parties shall not be more than the amount of the OQB's then current fee for a three-month subscription.

IN THE EVENT OF ANY DISPUTE BETWEEN YOU AND A THIRD PARTY ARISING OUT OF, RESULTING FROM, OR IN ANYWAY CONNECTED WITH THESE TERMS OR THE WEBSITE, USER HEREBY AGREES TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY AND ALL CLAIMS, KNOWN AND UNKNOWN, ARISING OUT OF OR IN ANY WAY CONNECTED WITH SUCH DISPUTE(S). FURTHER, EACH YOU HEREBY AGREE TO INDEMNIFY, RELEASE, DEFEND AND HOLD HARMLESS THE RELEASED PARTIES FROM ANY CLAIMS BROUGHT AS A RESULT OF SUCH USER'S BREACH OF THE TERMS OF THIS CONTRACT, VIOLATION OF ANY LAW OR THE RIGHTS OF A THIRD PARTY, AND USE OF THE WEBSITE.

Privacy

We respect your privacy and are committed to protecting it. Our Privacy Policy governs the processing of all personal data collected from you in connection with your purchase of our services through the Website.

Force-Majeure

We will not be liable or responsible to you, nor be deemed to have defaulted or breached these Terms, for any failure or delay in our performance under these Terms when and to the extent such failure or delay is caused by or results from acts or circumstances beyond our reasonable control, including, without limitation, acts of God, flood, fire, earthquake, explosion, governmental actions, war, invasion or hostilities (whether war is declared or not), terrorist threats or acts, riot or other civil unrest, national emergency, revolution, insurrection, epidemic, lockouts, strikes or other labor disputes (whether or not relating to our workforce), or restraints or delays affecting carriers or inability or delay in obtaining supplies of adequate or suitable materials, materials or telecommunication breakdown or power outage.

Governing Law and Jurisdiction

All matters arising out of or relating to these Terms are governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein without giving effect to any choice or conflict of law provision or rule of the Province of Ontario that would cause the application of the laws of any jurisdiction other than those of the Province of Ontario.

Assignment

You will not assign any of your rights or delegate any of your obligations under these Terms without our prior written consent. Any purported assignment or delegation in violation of this Section 11 is null and void. No assignment or delegation relieves you of any of your obligations under these Terms.

No Waivers

The failure by us to enforce any right or provision of these Terms will not constitute a waiver of future enforcement of that right or provision. The waiver of any right or provision will be effective only if in writing and signed by a duly authorized representative of OQB.

No Third Party Beneficiaries

These Terms do not and are not intended to confer any rights or remedies upon any person other than you.

Notices

To You. We may provide any notice to you under these Terms by: (i) sending a message to the email address you provide or (ii) by posting to the Website. Notices sent by email will be effective when we send the email and notices we provide by posting will be effective upon posting. It is your responsibility to keep your email address current.

To Us. To give us notice under these Terms, you must contact us by email at theottawaquestionbank@gmail.com. We may update the email address for notices to us by posting a notice on the Website.

Severability

In the event that any one or more of the provisions contained in these Terms shall, for any reason, be held to be unenforceable in any respect, such unenforceability shall not affect any other provision in this Agreement, and this Agreement shall then be construed as if such unenforceable provision or provisions had never been contained herein.

Entire Agreement

Our order confirmation, these Terms, our Terms of Use and our Privacy Policy constitutes the sole and entire agreement between us with respect to the subject matter of these Terms and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral with respect to the subject matter.

Contact Informatiion

• The Ottawa Question Bank
• theottawaquestionbank@gmail.com