Terms & Conditions 

ACCEPTANCE OF TERMS AND CONDITIONS 

1. By completing the intake form, you agree to be bound by the following terms and conditions. 
2. By completing the intake form you acknowledge that you have read and understood Cybera’s Privacy Policy, and are subject to its provisions. 
3. By completing the intake form you acknowledge that you have read and understood the project’s Code of Conduct detailed below, and are subject to its provisions. 
4. These terms and conditions relate to Cybera’s broadband assessment project, and do not relate to any other project, initiative or undertaking to which Cybera is a participant.
5. These terms and conditions do not relate to any individual who has not become a project participant through the completion of the broadband assessment project intake form or any entity to whom Cybera has not entered a contractual agreement in relation to the broadband assessment project. 

SPEED TESTING PARTICIPATION 

1. By completing the intake form, you consent to Cybera’s collection, retention and processing of your personal information in a manner consistent with the Privacy Policy.
2. Cybera reserves the right to make a determination as to your eligibility for further participation in this broadband assessment project, and may terminate the project or your participation in it at its discretion.
3. Where you consent to the connection of a Cheetah Networks PE241 Speed Testing Device (“Device”) to your home WiFi network, Cybera reserves the right to collect, retain, process or transfer all resulting data, subject to the provisions outlined in the Privacy Policy.
4. Cybera reserves the right to draw conclusions, inferences and determinations from all data collected through the course of this project, subject to provisions outlined in the Privacy Policy.
5. Cybera cannot be held responsible for any discrepancy in home internet speed or performance revealed by this project. 
6. Cybera reserves the right to contact any participant, throughout the course of the broadband assessment project using any contact information provided by the participant, to clarify or solicit further information for the purposes of the project, or to solicit your cooperation in installing, adjusting or returning the device. 
7. Cybera will endeavor to abide by participants’ requests for the form and regularity of Cybera’s contact with the participant, if that request is submitted in writing through the contact email provided.
8. Upon completion of the speed testing project, Cybera has no obligation to collect the device from a project participant, or to reimburse any cost or inconvenience incurred by a participant for the disposal of the device. 
9. Cybera has no obligation to reimburse a project participant for any perceived or real inconvenience or financial loss incurred through participation in the project.

PRIVACY AND CONFIDENTIALITY 

1. All collected data related to the broadband assessment project, including personal, identifiable information, will be collected and retained in accordance with the Privacy Policy.
2. Participants’ rights with respect to their personal, identifiable information are outlined in the “Your rights with respect to personal information collection, use and retention” section of the Privacy Policy.
3. Cybera’s policies with respect to security breaches are outlined in Cybera’s Privacy Breach Policy.
4. Cybera agrees to use any data collected through the course of the broadband assessment project only for the purpose of the broadband assessment project, and will not share any collected personal, identifiable information with third-parties solely for the purpose of profit. 
5. Cybera will not use data collected through the course of the broadband assessment project for any purpose other than that stated or inferred by project materials provided by Cybera. 
6. Cybera is not responsible for any information, opinions, or expectations about the broadband assessment project deriving from sources or materials not explicitly authored by Cybera. 
7. Cybera cannot be held responsible for the actions of any entity that is a partner in the broadband assessment project if those actions do not comport with an existing contractual agreement or if they do not comport with what is stated or can be inferred about the broadband assessment project’s objectives from Cybera authored materials. 
8. Cybera cannot be held responsible for violations of the broadband assessment project’s Privacy Policy if those violations result from the actions of a project partner, including, but not limited to vendors, consultants or funders.

FINANCIAL INCENTIVE

1. Only participants who are subscribed to a 50/10 mbps home internet package or higher will be eligible to receive the financial incentive.
2. A participant will be eligible to receive the financial incentive upon the successful connection of the speed testing device to their home WiFi network such that data is being generated. Cybera will not consider the speed testing device to be successfully connected if it is not generating data. 
3. Participants are responsible for providing, in a timely manner, any information required to receive and utilize any financial incentives offered by Cybera to participate in the project.
4. The delivery of a financial incentive to a project participant may be terminated by Cybera at its discretion. This may include, but is not limited to, reasons stemming from the participant’s failure to provide information sufficient to deliver the incentive in a timely manner, or the participant’s failure to abide by the terms and conditions, code of conduct, or privacy policy. 
5. Cybera cannot be held accountable for any delay or inaccessibility related to the financial incentive once it has been delivered to a participant. This includes, but is not limited to, delays or inaccessibility resulting from incorrect information provided by the participant or the inability of a vendor to honor its terms with respect to the financial incentive, if it is a gift card. 

CODE OF CONDUCT

By participating in this project, you agree to the following Code of Conduct:

1. Participants must provide accurate information about themselves and their home internet service. 
2. Participants must not take any actions which influence the results of the project, including by knowingly providing false information or by manipulating their home internet services to generate inaccurate or misleading data. 
3. Participants must not tamper with, damage or destroy the speed testing device, or take any actions which impede the collection of accurate data through the speed testing device. 
4. Participants must ensure that the speed testing device can be returned to Cybera in working condition at the completion of the project. 
5. Participants must cooperate with Cybera’s technical support outreach, including any technical support outreach from any authorized third-parties to connect, maintain, or adjust the device in order to ensure the continued functioning of the device for the course of the project. 
6. Participants in possession of a device must agree to connect the device to their home internet modem no later than 24 hours upon the delivery of the device. Cybera will not consider the device connected if it is not generating home internet performance data.
7. Participants must not unduly damage Cybera’s ability to promote or administer the broadband speed testing project, including through the public dissemination of false, misleading or libelous information about Cybera or the broadband assessment project, including the project’s objectives, motivations and outcomes.

LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, CYBERA SHALL NOT BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, OR ANY LOSS OF PROFITS OR REVENUES, WHETHER INCURRED DIRECTLY OR INDIRECTLY, OR ANY LOSS OF DATA, USE, GOOD-WILL, OR OTHER INTANGIBLE LOSSES, RESULTING FROM YOUR PARTICIPATION IN THIS PROJECT. 

Contacting Cybera for Clarification, Rectification or Modification 

If you have any questions about this project, the terms and conditions, or privacy policies either prior to or during the course of your participation, or if you wish to clarify, modify or rectify your participation in the project, you can submit a request to Cybera at: info@testmynetwork.ca.

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