Getting Started

     How to Register
        How to Register Quick Start Guide
        How to Register Video Tutorial

    CADAC Overview
        CADAC Webinar
        Financial Form Template & Line Definitions
        Statistical Form Template & Line Definitions
        Statistical Form Structure
        Accounting Template
        How to use the Accounting Template
    COVID-19
        Instructions on Reporting COVID-19 Impact in CADAC

Terms and Conditions

CADAC Terms of Use

This agreement (“Agreement” or the “Terms of Use”) is between the organization you represent (the “Organization”) and the Canada Council for the Arts (the “CADAC Host”) in its capacity as the information technology host of CADAC and provider of administrative and technical services in relation to CADAC. Please read this Agreement carefully before using CADAC.

By using CADAC, the Organization agrees to be bound by the terms and conditions of this Agreement. If the Organization does not agree to the terms of this Agreement and is in the process of registering, click “decline” and exit the system.

Definitions

“CADAC” is the Canadian Arts Data / Données sur les arts au Canada, a public arts funding database and website. Information is submitted and uploaded by the Organization as part of the grant application process when applying to Participating Agencies. CADAC data is used by the Participating Agencies in their funding decisions and for research and reporting purposes as more fully set out in this Agreement.

“CADAC Host” is the Canada Council for the Arts, in its capacity as the information technology host of CADAC and provider of administrative and technical services in relation to CADAC.

“User” means one or more users of CADAC designated by the Organization. The “Organization Contact” or the “Organization Supervisor” control a user's ability to access or manipulate data through the assignment of “permissions” (e.g. submit data, edit data, view data, manage the organization profile, etc.).

“Participating Agency (ies)” means the CADAC participating arts funding agencies listed at the following link: Participants.

Consent to Use of Data

The financial and statistical data entered in this database is available to Participating Agencies for granting purposes when the Organization provides the Participating Agency with its CADAC organization ID number. Once a Participating Agency has received the Organization’s ID number, it has access to the Organization’s information as long as it continues to be a Participating Agency. The Organization cannot limit a Participating Agency’s access to its information once it has given its ID number. An Organization’s data may be viewed online, printed or downloaded by Participating Agencies that have the Organization’s ID number, but the data may not be edited by anyone other than a User designated by the Organization itself.

The Organization’s data will be available in aggregate form for research purposes to any Participating Agency, organization or individual accorded research privileges by Participating Agencies. For purposes of this Agreement, “aggregate form” means the data will be grouped with that of other organizations and will not be associated with any organization name.

Grant Applications

The Organization acknowledges that entering financial and statistical data into CADAC does not constitute submitting an application to any Participating Agency. The Organization is responsible for complying with a Participating Agency’s submission requirements as indicated on the applicable grant application form(s). Each Participating Agency has discrete eligibility criteria and application deadlines. It is the responsibility of the Organization to contact a Participating Agency directly to confirm eligibility and application procedures and to submit all requisite application materials directly to the Participating Agency. The Organization should independently confirm receipt of any application with all applicable Participating Agencies. The Organization can print its financial and statistical forms from CADAC, once it has entered the data.

Responsibility for Accuracy of Data

The Organization is responsible for ensuring the data it enters is accurate. The Organization may be contacted by CADAC Host staff or a Participating Agency to which it has applied to confirm the accuracy or discuss discrepancies in its data.

Account Security

The Organization is responsible for maintaining the security of its passwords and identification, maintaining and updating the registration data, and any other information, to keep it accurate, current and complete.

Responsibility for User Accounts

The Organization agrees not to assign, transfer or sublicense its rights as a registered user of CADAC. The Organization has the ability to add new Users or change existing user records. The Organization is responsible for all User accounts created under the organization’s ID number and for all persons accessing CADAC through these User accounts.

Loss or Damage of Data

Neither the CADAC Host nor the Participating Agencies is liable for the loss, damage or unauthorized access of data, whether it is being entered online or uploaded from another system.

Privacy Laws

The Organization agrees to comply with all applicable laws in its use of CADAC.

Publication of Data

Neither the CADAC Host nor the Participating Agencies will publish at any time individual Organization data derived from CADAC without specific written permission acquired in advance from the Organization. The Organization grants to the CADAC Host and the Participating Agencies the right to use and publish all data submitted by the Organization in aggregated and unidentifiable form for research and advocacy purposes.

Suspension or Removal of Access

The CADAC Host reserves the right to suspend, remove or disable User access to CADAC at any time, and without notice. If the Organization breaches any provision of these Terms of Use it may no longer use CADAC. The CADAC Host may change, suspend or terminate, temporarily or permanently, CADAC or any part thereof or any of its features at any time, for any reason, without any notice or liability to the Organization. If these Terms of Use or the Organization’s permission to use CADAC is terminated for any reason, the Agreement formed by the Organization’s acceptance of these Terms of Use will nevertheless continue to apply and be binding upon the Organization in respect of prior use of CADAC and anything relating to or arising from such use. If the Organization is dissatisfied with CADAC or with these Terms of Use, then the Organization’s sole and exclusive remedy is to discontinue using CADAC. The Limitation of Liability and Indemnity provisions in this Agreement shall survive any termination of this Agreement.

Inactive Users

In the event that the Organization is no longer an applicant with a participating agency, the organization’s user’s login will become inactive. It will be necessary to reactivate the account for a new grant application. Account reactivation is a similar process to opening an account for the first time as the participating agency’s approval is required.

Service Breakdown

CADAC may be temporarily unavailable from time to time for maintenance or other reasons, or service provided to the Organization through an internet service provider may limit access to the site. To avoid missing application deadlines, the Organization is advised to not wait until the last minute to enter and submit data. Neither the CADAC Host nor any of the Participating Agencies assume any responsibility or liability for any error, omission, interruption, deletion, defect, delay in operation or transmission, communications line failure, theft or destruction or unauthorized access to, or alteration of, User communications. The office hours are from Monday to Friday 8:45 a.m. to 5:00 p.m. EST (September 1st to June 30th) and Monday to Friday 8:45 a.m. to 4:30 p.m. EST (July 1st to August 31st). We are closed on Saturday and Sunday and also on Statutory Holiday, Good Friday/Easter Monday, Civic Holiday and Remembrance Day.

Neither the CADAC Host nor any of the Participating Agencies is responsible for any technical malfunction or other problems of any telephone network or service, computer systems, servers or providers, computer or mobile phone equipment, software, failure of email on account of technical problems or traffic congestion on the Internet or at any site or combination thereof, including injury or damage to User’s or to any other person's computer, mobile phone, or other hardware or software, related to or resulting from using or downloading materials in connection with CADAC. Under no circumstances will the CADAC Host nor any of the Participating Agencies be responsible for any loss or damage, including any loss or damage to any User content, or personal injury or death, resulting from anyone's use of CADAC.

Viruses

The CADAC Host assumes no responsibility or liability for any damages (including without limitation any damages caused by viruses) to an Organization’s computer software, equipment or other property in connection with access to or use of CADAC or the downloading of any data, text, images, files or other materials from CADAC.

Governing Law, Venue and Jurisdiction

This Agreement and all related matters shall be governed by the laws of the Province of Ontario, Canada and the applicable federal laws of Canada, without regard to the conflicts of law provisions of any jurisdiction. The parties hereby irrevocably attorn to the exclusive jurisdiction of the courts of the Province of Ontario for any legal proceedings arising out of this agreement or the performance of the obligations hereunder. Notwithstanding the foregoing, nothing in the Agreement shall affect the right of the CADAC Host to bring any action or proceeding in the courts of other jurisdictions.

Limitation of Liability and Indemnification

None of the CADAC Host, the Participating Agencies, licensors and suppliers, nor any other party involved in creating, producing or delivering the information on CADAC is liable to the Organization for any direct, indirect, incidental, special, consequential, punitive or other damages or loss whatsoever, arising out of or in connection with access to or use of CADAC. This includes business interruption and loss of use, data, information and profits. Without limiting the foregoing, CADAC is provided “as is” and on an “as available” basis without any representation, warranty or condition of any kind, express, implied or statutory.

Without limiting the foregoing, in no event shall the CADAC Host or any of its employees, officers, directors, Participating Agencies, contractors, agents, software providers, or agents be liable for any direct, indirect, special, incidental, consequential, punitive or exemplary damages, loss of revenue or loss of funding regardless of the form of action, whether in contract or in tort including negligence, even if advised of the possibility of such damages.

By using CADAC, the Organization agrees to indemnify, defend and hold harmless the CADAC Host and each of its agents, employees, directors, successors, and assigns from any loss, liability, claim, demand, damage or expense asserted by any entity relating in any way to your use of CADAC and/or any breach of these Terms of Use.

Links to Other Sites

Throughout the CADAC website, there may be links to other sites provided for convenience. These sites are independent from CADAC and neither the CADAC Host nor the Participating Agencies endorse, control or make any representations, warranties or conditions concerning their contents or links. It is a User’s responsibility to verify any information contained within linked sites before relying on it. Also, the information contained in the links may be changed or updated at any time without notice. Linked sites may have their own terms and conditions which the Organization and Users should locate and review.

Third-Party Information

Any third-party content, data or publications made available through CADAC are furnished on an as-is basis for your convenience and information. Any opinions, advice, statements, services, offers, or other information made available by third parties, including program hosts, information providers, or any user of CADAC, are those of the respective author(s) or publisher(s) and not of the CADAC Host or any of the Participating Agencies.

Trademarks

The trademarks, logos and other names and icons on this site are registered and unregistered trademarks of the CADAC Host, the Participating Agencies and others. Nothing in this Agreement gives you a right to use any of the trademarks or content contained on CADAC. The Organization may not assign or transfer any of the CADAC content and the Organization may not grant a license to use or access CADAC to any third party.

Privacy

CADAC collects financial and statistical information that is provided by the Organization and other organizations as an important component of the grant application process as well as being used for research and reporting purposes. This data does not contain any personal information and the Organization agrees that it will not contribute any personal information to CADAC.

Right of Assignment

The CADAC Host may assign all of its rights and obligations under this Agreement without the Organization’s consent and upon any such assignment, the CADAC Host shall be fully released from its obligations hereunder and the assignee shall assume the rights and obligations of the CADAC Host as if the assignee were an original party to this Agreement.

Other

This Agreement constitutes the entire agreement between the Organization and the CADAC Host regarding the use of CADAC. The CADAC Host reserves the right to modify all or a portion of the Terms of Use at any time without further notice and without incurring any liability or obligation. Changes to these Terms of Use will be posted on CADAC and will indicate at the top of that page the date these Terms of Use were last revised. The Organization’s continued access to and/or use of CADAC after any such changes constitutes acceptance of, and agreement to be legally bound by, these Terms of Use, as revised. You hereby acknowledge and agree that the CADAC Host reserves the right at any time to modify or discontinue the whole, or any part of, CADAC, without notice, and that the CADAC Host will not be responsible or liable, directly or indirectly, to the Organization or any other person or entity for any loss or damage of any kind incurred as a result of any such modifications or discontinuance. The failure of the CADAC Host to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance. If any provision of this Agreement is held invalid, the remainder of this Agreement shall continue in full force and effect. If any provision of this Agreement shall be deemed unlawful, void or for any reason unenforceable, then that provision shall be deemed severable from this Agreement and shall not affect the validity and enforceability of any remaining provisions.

I have read and agree to this Agreement.

OTT_LAW\ 5117399\2