Terms of Use

INFORMED DINING PROGRAM:  RECIPE STANDARDIZATION MODULE

The Recipe Standardization Module (the “Module”) is part of the government of British Columbia’s Informed Dining Program (the “Program”).  It is designed to assist you in conducting a nutrient analysis of your menu in order to standardize one of your original recipes (“Your Original Recipe”).  The Module will guide you through a series of steps to help you standardize Your Original Recipe.  Once you complete the Module, you will be invited to take a quiz.  You must score at least 80% on the quiz in order to pass the Module.  You may take the quiz as many times as you need to in order to pass.  Once you pass the Module, you may submit the standardized recipe (the “Standardized Recipe”) using the template provided as part of the Module (the “Recipe Template”), along with a picture of the meal prepared using the Standardized Recipe (the “Recipe Photo”), to the Program at: informeddining@gov.bc.ca.  If you have complied with these Terms of Use, you will then receive a certificate of completion (the “Certificate”) and have the opportunity to work with representatives from the Program to standardize your remaining menu items. 

1.      Acceptance of Terms  

1.1     These Terms of Use are a legal agreement between you and Her Majesty the Queen in Right of the Province of British Columbia, represented by the Minister of Health (the “Province”) and govern your use of the Module.  By clicking “I Accept” (or any similar button or mechanism) and/or by using the Module, you are deemed to have read and to have agreed unconditionally to these Terms of Use.  If you do not agree with any provision of these Terms of Use, you must not use the Module.

1.2    To accept these Terms of Use and/or use the Module, you must be, and you represent and warrant that you are, at least nineteen (19) years of age.  If you are acting on behalf of your employer, you represent and warrant that you have the authority to accept these Terms of Use on your own behalf and on behalf of your employer.

2.      User Name and Password

2.1    A user name and password will be issued to you when you register for the Module.  You must:  (a) keep your user name and password confidential at all times; and (b) not allow any other person to use your user name and/or password.

2.2    The Province reserves the right, at any time, to cancel or suspend your user name and/or password if you fail to abide by these Terms of Use.

3.       Ownership and Licensing

3.1    You are the owner of Your Original Recipe, the Standardized Recipe and the Recipe Photo (together, “Your Material”).  You hereby grant to the Province, in consideration of the opportunity to use the Module, a non-exclusive, perpetual, irrevocable, royalty-free, worldwide and unrestricted license to exercise, in respect of Your Material, the rights set out in the Copyright Act (Canada), including the right to use, reproduce, modify and display Your Material, in any and all formats, for any and all purposes associated with your participation in the Module and the Program, and you agree to waive in favour of the Province any moral rights that you may have in Your Material.  You also agree that the Province may engage independent contractors and service providers to assist the Province in exercising the rights set out above.

3.2    You represent and warrant that:  (a) you are the sole owner of Your Material or, if you are not the sole owner, that Your Material has been provided to you or obtained by you from the rightful owner(s) with all necessary permissions, rights and licenses, including the permissions, rights and licenses necessary to grant to the Province the license described in section 3.1 of these Terms of Use; and (b) Your Material does not and will not infringe upon the copyrights, trademarks, rights of privacy, publicity or other intellectual property rights of any person or entity.

3.3    You acknowledge and agree that it is your sole responsibility to ensure that the Recipe Photo does not contain images of any identifiable individuals.

3.4    With the exception of Your Material, the Module, the Certificate and all other Program materials (together, the “Province Material”), are owned by the Province or its licensors and are protected by copyright, trademark and other laws.  You are only permitted to use the Province Material as expressly allowed under these Terms of Use.  Permission for any other use of the Province Material, or of any other material owned by the Province, must be sought in accordance with the Province’s copyright policies.

3.5    The Province hereby grants to you a non-exclusive, revocable, non-transferable, limited license to:  (a) use the Module (including the Recipe Template) for the purpose of creating the Standardized Recipe; and (b) make a single paper or electronic copy of the Recipe Template for the purpose of sending the Standardized Recipe, along with the Recipe Photo, to the Program (together, “Your License”).

4.    Termination

4.1    Your License will terminate automatically if you fail to comply with any provision of these Terms of Use.  The Province also reserves the right to terminate Your License for any reason, in its sole discretion, on written notice to you.  Upon termination of Your License for any reason, you must immediately cease using the Module.

5.     Changes to Module and Terms of Use

5.1    The Province reserves the right, at any time, in its sole discretion and without prior notice to you, to stop providing the Module and/or to make changes to the Module and/or these Terms of Use.  It is your sole responsibility to review any changes to the Terms of Use.  By continuing to use the Module, you will be conclusively deemed to have accepted any changes to these Terms of Use.

6.    Acceptable Use

6.1    Your use of the Module and the website on which the Module is located (the “Website”) must be lawful and responsible.  Without limiting the general nature of the foregoing, you must not:  (a) take any action that interferes with the proper functioning of the Module or the Website; (b) modify any Province Material or distribute it to third parties; (c) use or reproduce any Province Material except as expressly allowed under Your License; or (d) remove or alter any proprietary symbol or notice, including any copyright notice, trademark or logo displayed in connection any Province Material.

7.    Privacy

7.1    When you sign up to use the Module, the Province collects personal information (including your name, user name, email address, profession and geographical location) from you for the purposes of facilitating your use of the Module and your participation in the Program, including responding to any questions you may have regarding the Module or the Program and issuing you a Certificate upon your successfully completion of the Module (together, the “Purpose”).  Any personal information collected from you will be collected, used and disclosed in accordance with the Province’s legislation and general privacy policy. By accepting these Terms of Use and/or using the Module, you consent, effective as of the date of such acceptance and/or use and continuing until revoked by you in writing, for the Purpose, to:  (a) the disclosure of your personal information to the Province’s contractors and independent service providers (“Service Providers”); and (b) the use of your personal information by the Province and its Service Providers.

7.2    Your personal information is collected pursuant to s. 26(c) of the Freedom of Information and Protection of Privacy Act (British Columbia).  All questions regarding the collection, use and disclosure of your personal information may be directed to:  

Christin Petelski
Sr. Manager, Health Engagement Unit
Population and Public Health Division, Ministry of Health
Floor 4-2, 1515 Blanshard St.
Victoria, British Columbia, Canada
V8W 3C8
Telephone: (250) 952-1516
Email: Christin.Petelski@gov.bc.ca

8.    Disclaimer and Limitation of Liability

8.1    Your use of the Module is solely at your own risk.  The Module is not intended to be, and does not provide, professional or expert advice or recommendations, and you agree that you are not entitled to rely on it as such.  All information, including without limitation nutritional information, is provided for educational purposes only.

8.2    The Module is provided to you “as is”.  In addition to the Province’s general Warranty Disclaimer, the Province makes no representations or warranties, express or implied, that:   
(a)     your use of the Module will be timely, uninterrupted or error free;
(b)     the information contained in the Module is accurate, current or complete; or
(a)    the Module will meet your expectations or requirements.

8.3    In addition to the Province’s general Limitation of Liabilities, you agree that, to the maximum extent permitted by applicable law, under no circumstances will the Province or any of its servants, employees or agents be liable to any person or entity for any direct, indirect, special, incidental, consequential or other loss, claim, injury or damage, whether foreseeable or unforeseeable (including without limitation claims for damages for loss of profits or business opportunities, use of or inability to use the Module, interruptions, deletion or corruption of files, loss of programs or information, errors, defects or delays or hardware, software or other technical malfunctions) arising out of or in any way connected with your use of the Module and/or participation in the Program and whether based on contract, tort, strict liability or any other legal theory.

9.    Third Party Websites

9.1    Any link to a third party website does not imply any association with, or endorsement of, such website by the Province.  The Province does not control, and is not responsible for the content of, any third party website.

10.    Indemnity

10.1    You agree to indemnify, defend and hold harmless the Province and its servants, employees and agents from and against all claims, demands, obligations, losses, liabilities, costs or debt and expenses (including reasonable legal fees) arising, directly or indirectly, from:  (a) your use of the Module and/or participation in the Program; (b) your violation of any provision of these Terms of Use; (c) your violation of any third party right, including without limitation any claims or actions based on infringement or violation of third party copyrights, trademarks, rights of privacy, publicity or other intellectual property rights of any person or entity; and (d) any claim that Your Material caused damage to a third party 

11.    General

11.1    These Terms of Use, including the information for which links are provided within these Terms of Use, constitute the entire agreement between you and the Province with respect to the subject matter of these Terms of Use, and supersede and replace any prior oral and/or written agreements.

11.2    The headings in these Terms of Use are inserted for convenience only, and will not be used in interpreting or construing any provision of these Terms of Use.

11.3    If any provision of these Terms of Use is invalid, illegal or unenforceable, that provision will be severed from these Terms of Use and all other provisions will remain in full force and effect.

11.4    These Terms of Use will be governed by and construed in accordance with the laws of the province of British Columbia and the laws of Canada applicable therein.  By using the Module, you consent to the exclusive jurisdiction and venue of the courts of the province of British Columbia for the hearing of any dispute arising from or related to these Terms of Use, including without limitation your use of the Module and/or participation in the Program.

Last Update: December 10, 2014