Effective Date: August 24, 2026
PLEASE READ THESE TERMS OF USE CAREFULLY BEFORE USING THIS SERVICE AS THEY CONTAIN IMPORTANT INFORMATION ABOUT YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS.
These Terms of Use (“Terms of Use”) govern access to and use of the website located at https://www.ngen.ca and any related pages, content, features, materials, or services made available through the website (collectively, the “Website”). The Website is owned and operated by Next Generation Manufacturing Canada (“NGen”, “we”, “us”, or “our” or other similar pronouns).
BY ACCESSING OR USING THE WEBSITE OR SERVICES (AS DEFINED HEREIN), YOU AGREE TO BE BOUND BY THESE TERMS OF USE. IF YOU DO NOT AGREE WITH THESE TERMS OF USE, YOU MUST NOT ACCESS OR USE THE WEBSITE OR SERVICES.
1. Introduction to NGen
NGen is a Canadian not-for-profit corporation that seeks to make Canada a global leader in advanced manufacturing.
2. Terms of Use
2.1 These Terms of Use constitute a legally binding agreement between you and NGen. The Terms of Use apply to your use of our Website and Services, including any content, functionality and services offered on or through our Website, and to any mobile, tablet and other smart device applications, and application program interfaces that we may develop from time to time (collectively, the “Services”). Please take a moment to familiarize yourself with our Terms of Use and let us know if you have any questions.
2.2 Your access to and use of the Website and Services is conditioned upon your acceptance of and compliance with these Terms of Use. These Terms of Use apply to all visitors, users, and others who wish to access or use the Website or Services. If you are accessing and/or using the Website or Services on behalf of another individual, or as a consultant or agent of a third party, you represent and warrant that you have the authority to act on behalf of and bind such individual or third-party principal to these Terms of Use.
2.3 These Terms of Use should be read together with NGen's Privacy Policy and, where applicable, any other NGen Terms and Conditions that are referenced and made available on the Website, including without limitation, the NGen Membership Terms and Conditions (collectively the “Other Terms and Conditions”). In the event of a conflict, the Privacy Policy shall govern privacy and the handling of all Personal Information, and the Other Terms and Conditions shall govern the subject matter to which they apply.
2.4 By using or accessing our Website and/or Service, you agree to these Terms of Use, as well as to our Privacy Policy, and any Other Terms and Conditions located on our Website, all of which are incorporated herein by reference.
2.5 We may update or modify these Terms of Use at any time by posting the revised version on the Website. The revised Terms of Use will be effective as of the date posted, unless otherwise stated. Your continued access to or use of the Website or Services after any changes are posted constitutes your acceptance of the revised Terms of Use.
3. Use of Website and Services
You may use the Website and Services for lawful purposes only and in accordance with these Terms of Use. You are responsible for ensuring that your access to and use of the Website and Services complies with all applicable federal, provincial, territorial, municipal, and any other applicable laws and regulations.
4. Limited License Granted
Subject to your compliance with these Terms of Use, we grant you a limited, revocable, non-exclusive, non-transferable license to access and use the Website and Services for your personal or internal business purposes. This limited license does not include any other license or right, without limitation, to resell, commercially exploit, scrape, data mine, mirror, frame, or otherwise systematically collect Website content.
5. Intellectual Property
Except as otherwise expressly stated, NGen, or its affiliates, or third parties under specific third-party license agreements with NGen (collectively the “Licensors”), exclusively own all intellectual property rights to the proprietary material on our Website and Services, and reserve all intellectual property rights thereto. NGen or its Licensors, as applicable, are the sole and exclusive owners of all rights, title and interest in and to the Website and Services, and any and all software, content, text, methodologies, technology, images, designs, graphics, illustrations, logos, icons and marks and any other elements available on or through the Website or Services (the “Intellectual Property”). The Intellectual Property is protected by Canadian and international intellectual property laws and except as expressly permitted by these Terms of Use, you must not rent, lease, copy, reproduce, modify, distribute, redistribute, transmit, display, publish, sell, license, sublicense or otherwise exploit any Website or Services content without our prior written consent.
6. No Legal, Professional or Other Advice
All content and Services on the Website are provided for general informational purposes only and does not constitute legal, financial, professional, or other advice. You should not rely on any Services or Website content as a substitute for obtaining advice from a qualified professional in relation to your particular circumstances.
7. Compliance and Prohibited Conduct
7.1 To the extent you choose to access and use our Website or Services, you do so at your own risk. You may use the Website and Services for lawful purposes only and only in accordance with these Terms of Use. You are solely responsible for complying with any and all applicable laws, rules, regulations and other obligations, including any and all applicable data protection and privacy laws. Without limiting the generality of the foregoing, you agree not to use the Website or Services as follows:
7.2 You further agree not to misuse the Website or Services in any manner that is unauthorized or that could damage, disable, overburden, or impair the Website or interfere with any other person’s use of the Website or Services, including without limitation, you will not:
7.3 Any attempt at carrying out any of the foregoing prohibited conduct is a violation of these Terms of Use and applicable laws and regulations. If we determine, in our sole discretion, that you have violated these Terms of Use, including any restrictions on prohibited conduct, we may take any action we consider appropriate, with or without notice to you. Such action may include, without limitation, suspending or terminating your access to the Website and Services, removing or disabling access to any content you submitted, blocking your IP address, reporting conduct to law enforcement or regulatory authorities, and pursuing any other rights or remedies available at law or in equity.
7.4 You acknowledge and agree that any violation of the prohibited conduct provisions or these Terms of Use may cause harm to us, our users, our systems, or third parties, and that we may seek injunctive or equitable relief, in addition to any other remedies available, where monetary damages would be insufficient.
7.5 You are responsible for all losses, damages, liabilities, costs, and expenses, including reasonable legal fees, arising from or relating to your violation of these Terms of Use, your misuse of the Website or Services, or your infringement or alleged infringement of any rights of another person or entity.
7.6 You acknowledge and agree that NGen has no obligation to monitor the access to or use of the Website or Services, but has the right to do so at any time, in its sole discretion, to secure and improve the Website or Services, for fraud prevention, risk assessment, investigation, customer support and to ensure compliance with these Terms of Use, or as it otherwise sees fit. NGen reserves the right to revoke the license granted hereunder and otherwise terminate your right to use the Website and Services at any time in its sole discretion, for any or no reason, including, if in NGen’s opinion you have failed to comply with any provision of these Terms of Use or for any suspected or threatened breach of these Terms of Use.
7.7 Where the Website or Services require account credentials, you are responsible for maintaining the confidentiality of your username, password, and other authentication information. You are solely responsible for all activities occurring under your account and must promptly notify NGen of any actual or suspected unauthorized access, use or security incident affecting your account.
8. Privacy and Use of Data
8.1 These Terms of Use should be read together with NGen's Privacy Policy and, where applicable, NGen’s Other Terms and Conditions available on the Website. In the event of a conflict between these Terms of Use or any Other Terms and Conditions and the Privacy Policy, the Privacy Policy shall govern the use and handling of Personal Information (as defined below).
8.2 For the purposes of these Terms of Use, “Personal Information” means recorded information about an identifiable individual. It may include an individual’s name, address, sex, age, education, and medical or employment history. It can also include identifying numbers such as an individual’s Social Insurance Number.
8.3 Our collection, use, disclosure, and protection of Personal Information in connection with the Website and Services are described in our Privacy Policy, which forms part of these Terms of Use by reference. By using the Website or Services, you consent to the collection, use, and disclosure of your Personal Information in accordance with our Privacy Policy and applicable Canadian privacy laws.
8.4 You agree that you are responsible for any and all information you provide, submit, input or post via the Website and Services and you acknowledge and agree that if you provide Personal Information about yourself or any third party you are authorized to do so and accept full responsibility in relation thereto, including without limitation with respect to the accuracy of such information.
8.5 Users who collect, process, use, or disclose Personal Information through the Website or Services are responsible for complying with all applicable privacy and data protection laws, including without limitation, PIPEDA, provincial privacy legislation, and comparable international laws and requirements, including (the EU General Data Protection Regulation (“GDPR”), UK-GDPR (United Kingdom General Data Protection Regulation), and Mexico’s Federal Law for Protection of Personal Data in Possession of Private Individuals (Ley Federal de Protección de Datos Personales en Posesión de Particulares) (the “Data Protection Law”)) and its Regulations, including any consent and notice requirements. This includes without limitation the collection and processing by you of any Personal Information, when you use the Website or Services or services provided by third parties in conjunction with your use of the Website or Services, send marketing and other electronic communications to individuals and when using cookies and similar technologies in conjunction with the Website or Services.
8.6 You represent and warrant to NGen: (i) that in respect of your use of the Website or Services, you acknowledge and agree that you are solely responsible for any and all compliance with the GDPR and all applicable privacy laws; (ii) that in respect of your use of the Website or Services, you, and not NGen, are a Controller (as such term is defined in the GDPR) for the information you collect and use for the purposes of your business and/or related to your use of the Website or Services; and (iii) that you have conducted, and will at all times conduct, your business and your use of the Website or Services, in compliance with all applicable privacy laws, including but not limited to the GDPR.
8.7 You hereby defend, indemnify and hold harmless NGen and its affiliates, and their respective officers, employees, contractors, representatives, agents, successors and assigns (collectively the “Indemnitees”), from and against any and all fines, suits, actions, proceedings, claims, demands, debts, obligations, settlements, losses, damages, liabilities, costs and expenses (including reasonable legal and professional fees and costs) arising from or in any way connected to: (i) any breach of this Section 8 or NGen’s Privacy Policy, including but not limited to any failure to comply with any and all applicable privacy laws; and (ii) any claim against an Indemnitee by any third party to the extent caused by, relating to or arising in connection with any act or omission by you, or a party related to you, in the performance of this Section 8, and/or compliance with applicable privacy laws.
9. Third-Party Websites and Artificial Intelligence
9.1 The Website and Services may contain links to third-party websites or resources. These links are provided for convenience only. We do not control, endorse, or assume responsibility for any third-party websites, content, products, services, policies, or practices. Your access to and use of any third-party websites is at your own risk and is subject to the terms and policies applicable to those websites.
9.2 Certain Services may incorporate artificial intelligence (AI), machine learning, automated decision-support tools, generative AI technologies, or similar technologies. Information, recommendations, analyses, or other outputs generated through such technologies may be inaccurate, incomplete, biased, or outdated and should not be relied upon without independent review. NGen makes no representation or warranty regarding the accuracy, reliability, completeness, or suitability of AI-generated outputs and disclaims liability arising from reliance upon any such outputs.
10. Chat Room and Third-Party Communications
The Website may include chat rooms, forums, message boards, comment sections, or other interactive features that allow users to post, submit, publish, display, transmit, or exchange content, messages, information, materials, or communications with other users or third parties (“User Communications”).
You acknowledge and agree that any User Communications are provided solely by the individual or entity that submits them and do not necessarily reflect the views, opinions, policies, or positions of NGen. NGen does not endorse, verify, approve, control, or assume responsibility for any User Communications or any information, advice, opinions, statements, offers, representations, or other content made available through such interactive features.
You are solely responsible for your own User Communications and for any consequences arising from posting, sharing, relying on, or responding to User Communications. NGen is not responsible or liable for any loss, damage, claim, dispute, or harm arising from or related to any User Communications, including any reliance on their accuracy, completeness, usefulness, legality, appropriateness, or availability.
NGen reserves the right, but has no obligation, to monitor, review, edit, remove, restrict, or disable access to any User Communications at any time and for any reason, including where NGen determines, in its sole discretion, that such content violates these Terms of Use, applicable law, or the rights or safety of any person.
Users must not post, transmit, or share any User Communications that are unlawful, defamatory, abusive, harassing, threatening, discriminatory, hateful, obscene, misleading, infringing, confidential, privacy-invasive, harmful, or otherwise objectionable, or that contain viruses, malware, spam, advertising, solicitation, or unauthorized commercial content.
Any interaction, communication, transaction, or dispute between you and another user or third party through the Website is solely between you and that user or third party. NGen will not be responsible or liable for any such interaction, communication, transaction, dispute, or resulting loss or damage.
By submitting User Communications, you grant NGen a non-exclusive, worldwide, royalty-free, transferable, sublicensable licence to use, host, store, reproduce, modify, display, publish, distribute, and otherwise make available such User Communications as necessary to operate, provide, improve, promote, and protect the Website and related services.
You represent and warrant that you own or have all necessary rights, licences, consents, and permissions to submit any User Communications and to grant the rights described in these Terms of Use, and that your User Communications do not violate applicable law or infringe or misappropriate the rights of any third party.
NGen may cooperate with law enforcement authorities, regulators, or third parties where required or permitted by law, including by disclosing User Communications or related information where necessary to comply with legal obligations, enforce these Terms of Use, protect rights or property, or address security, fraud, safety, or technical concerns.
12.1 We may suspend or terminate your access to, and use of, the Website and Services and any licence granted to you under these Terms of Use at any time, with or without notice, if we believe that you have breached these Terms of Use, violated applicable law, misused the Website or Services, infringed our rights or the rights of any third party, or otherwise engaged in conduct that we consider harmful, inappropriate, or inconsistent with the intended use of the Website or Services.
12.2 Upon termination, the limited licence granted to you to access and use the Website and Services will immediately cease, and you must stop all use of the Website and Services and any content obtained from same. Any provisions of these Terms of Use that by their nature are intended to survive termination, including ownership, intellectual property, disclaimers, limitations of liability, indemnification, and governing law, will survive and remain in full force and effect.
13. Disclaimer of Warranties
13.1 The Website and all content, materials, information, and Services made available through the Website are provided on an “AS IS” and “AS AVAILABLE” basis, without warranties or conditions of any kind, whether express, implied, statutory, or otherwise. Without limiting the foregoing, to the fullest extent permitted by applicable law, NGen explicitly disclaims any warranties and conditions of merchantability, satisfactory quality, fitness for a particular purpose, quiet enjoyment, non-infringement, accuracy, reliability, availability, security and any warranties arising out of course of dealing or usage or trade.
13.2 NGen does not warrant that: a) the Website or Services will function uninterrupted, secure, or available at any particular time or location; b) any errors or defects will be corrected; c) the Website and Services are free of viruses or other harmful components; d) the information and descriptions contained on the Website are accurate; or (e) the results of using the Website or Services will meet your requirements.
13.3 NGen is committed to improving the AWS and usability of its Services and will make reasonable efforts to support accessibility needs in accordance with applicable laws and recognized accessibility practices.
14. Limitations of Liability
14.1 The Website is provided free-of-charge, and you hereby acknowledge and agree that it would be unreasonable to hold us liable with respect to the Website or Services and the information contained within. You acknowledge and agree that the entire risk and responsibility arising out of your access to and use of the Website and Services remains with you.
14.2 TO THE MAXIMUM EXTENT PERMITTED BY LAW, NEITHER NGEN NOR ITS DIRECTORS, OFFICERS, EMPLOYEES, CONTRACTORS PARTNERS, AGENTS, REPRESENTATIVES, SUPPLIERS, AFFILIATES OR THIRD PARTY LICENSORS, NOR ANY OTHER PARTY INVOLVED, SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, CONSEQUENTIAL, PUNITIVE OR OTHER DAMAGES, INCLUDING WITHOUT LIMITATION, DATA, USE, GOODWILL, SERVICE INTERRUPTION, MOBILE DEVICE DAMAGE, SYSTEM FAILURE OR OTHER INTANGIBLE LOSSES, OR FOR THE COST OF SUBSTITUTE PRODUCTS OR SERVICES, LOSS OF PROFITS, LOSSS OF REVENUE, LOSS OF DATA, BUSINESS INTERUPTION OR FOR DAMAGES FOR PERSONAL OR BODILY INJURY OR EMOTIONAL DISTRESS ARISING OUT OF OR IN CONNECTION WITH OR RESULTING FROM (I) THESE TERMS OF USE; (II) YOUR ACCESS TO OR USE OF, OR INABILITY TO ACCESS OR USE THE WEBSITE OR SERVICES; (III) ANY CONDUCT OR CONTENT OF ANY THIRD-PARTY ON THE WEBSITE OR SERVICES; OR (IV) ANY CONTENT OBTAINED FROM THE WEBSITE OR SERVICES, IN ALL CASES WHETHER BASED ON WARRANTY, CONTRACT, TORT (INCLUDING NEGLIGENCE), OR ANY OTHER LEGAL THEORY, WHETHER OR NOT WE HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGE, AND EVEN IF A REMEDY SET FORTH HEREIN IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE.
14.3 NOTWITHSTANDING ANYTHING ELSE TO THE CONTRARY IN THESE TERMS OF USE, THE LIABILITY OF NGEN, ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, CONTRACTORS, AGENTS, REPRESENTATIVES, SUPPLIERS, AFFILIATES, LICENSORS AND ANY OTHER PARTY INVOLVED, RELATING TO THESE TERMS OF USE, THE WEBSITE, THE CONTENT, OR ANY SERVICES MADE AVAILABLE THROUGH THE WEBSITE SHALL NOT EXCEED, IN THE AGGREGATE, FOR ANY AND ALL CLAIMS IN CONNECTION WITH THESE TERMS, ONE HUNDRED CANADIAN DOLLARS (CAD$100.00).
15. Indemnification
You hereby agree to release, defend, indemnify and hold harmless NGen, its affiliates and its licensees and licensors, and their respective officers, directors, employees, contractors, representatives, agents, and suppliers, to the greatest extent allowed by law, from and against any and all claims, damages, obligations, losses, liabilities, judgements, awards, costs and expenses (including but not limited to reasonable legal fees), resulting from or arising out of: (a) the use, misuse, and access to the Website and Services, by you or any person you have authorized; (b) a breach of these Terms of Use; (c) any claim or allegation that your use of the Website or Services infringes the intellectual property or other proprietary rights of NGen or any third party; or (d) your breach of any laws, regulations or infringement of third party rights.
16. User Content and Submissions
With respect to any content, materials, information, or submissions that you provide through the Website or Services, you retain ownership of your content. You grant NGen a non-exclusive, worldwide, royalty-free license to use, host, store, reproduce, process, and display such content solely for the purpose of operating, administering, improving, promoting, and supporting the Services, NGen programs, and NGen activities. This license ends when the content is deleted or no longer required for these purposes, except to the extent retention is required by law, contractual obligations, archival purposes, or legitimate organizational records management practices.
17. Electronic Communications
By communicating with us electronically, you consent to receive communications from us electronically, subject to applicable law. If you subscribe to receive commercial electronic messages from us, you may unsubscribe at any time by following the instructions included in those messages or by contacting us. We will comply with applicable Canadian anti-spam legislation and other laws governing electronic communications.
18. Governing Law and Jurisdiction
18.1 These Terms of Use and any dispute arising out of or relating to the Website or Services shall be governed and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable therein, without regard to its conflict of law provisions.
18.2 You agree that the courts located in Hamilton, Ontario shall have exclusive jurisdiction over any dispute arising out of or relating to these Terms of Use or the Website or Services.
18.3 NGen makes no representation that information, content and/or documentation on the Website or Services are appropriate or available for viewing or downloading at locations outside of Canada. If users access the Website or Services from outside of Canada, they are exclusively responsible for compliance with all applicable local laws.
19. Relationship of the Parties
You and NGen are independent contracting parties. Nothing in these Terms of Use, nor your access to or use of the Website or Services, will be deemed or construed to create a partnership, joint venture, agency, employment, fiduciary, representative, or other similar relationship between you and NGen. Neither party has, nor will represent that it has, any authority to act for or bind the other party in any manner.
20. No Assignment
You may not assign, transfer or delegate these Terms of Use and your rights and obligations hereunder without NGen’s prior written consent. NGen may without restriction assign, transfer or delegate these Terms of Use and any rights and obligations hereunder at its sole discretion by providing you with notice of such assignment.
2.1 Force Majeure
NGen will not be liable for any delay, interruption, or failure to perform its obligations under these Terms of Use where such delay, interruption, or failure results from circumstances beyond its reasonable control, including natural disasters, labour disputes, acts of government, telecommunications outages, security incidents, public health emergencies, utility failures, or any other events beyond NGen's reasonable control.
22. Notices
22.1 Unless specified otherwise, any notices or communications to registered users required under these Terms of Use will be in writing and sent via e-mail, the Website, or other reasonable communication channels. Continued use of the Website and Services following the effective date of such notices or communications constitutes acceptance of same.
22.2 Information regarding privacy rights, access requests, correction requests, deletion requests, consent withdrawal, privacy complaints, retention practices, and service provider accountability can be found in NGen's Privacy Policy.
23. Severability
If any provision of these Terms of Use is found to be invalid, unlawful, or unenforceable, that provision shall be severed to the minimum extent necessary, and the remaining provisions shall remain in full force and effect.
24. Entire Agreement
These Terms of Use, together with any documents or policies incorporated by reference, constitute the entire agreement between you and NGen with respect to your access to and use of the Website and Services.
25. How to Contact Us
Next Generation Manufacturing Canada has its registered office address at 175 Longwood Road South, Unit 105-3, Hamilton, Ontario L8P 0A1.
If you have any questions or concerns about these Terms of Use, please email us at info@ngen.ca.
