Imprint

Website Terms and Conditions of Use

Last Updated April, 2021

1. General

(a) Please read these terms and conditions carefully. The terms and conditions set out herein govern User’s use of and access to the online sites www.festo.ca/en and www.festo.ca/fr (the “WEB SITES”) operated and administered by Festo Inc. (“FESTO”) and the messages, information, data, text, graphics, images, photographs, illustrations, software or other content available through the Web Sites (collectively the “CONTENT”). These Web Sites are provided by Festo solely for the limited purposes identified in the terms and conditions and its use is conditional on User’s acceptance thereof (collectively the “TERMS AND CONDITIONS”).

(b) Festo is a corporation incorporated under the laws of Ontario, with its national office located at 5300 Explorer Drive, Mississauga, Ontario, L4W 5G4 that supplies automation components for industrial purposes.

(c) The Web Sites and Content are for your benefit as a viewer of the Web Sites and/or as a registered user of a Festo Web Site (hereinafter a “USER”) and contain information of interest to the general public and the automation industry.

(d) By visiting, accessing or using any or all Web Sites, including, as applicable and without limitation, to use or access any of the Content, User agrees on its own behalf, and on behalf of any entity on whose behalf the User may act, to accept and abide by the Terms and Conditions for each use of and each visit to these Web Sites. If User does not agree to abide by these Terms and Conditions, the User shall not use these Web Sites or access the Content.

2. Changes to the Web Site

(a) Festo has the right, in its sole discretion, to add to, remove, modify or otherwise change any part of the Terms and Conditions, in whole or in part, at any time. Changes will be effective when notice of such change is posted at the applicable Web Site. It is User’s responsibility to check the Terms and Conditions regularly to determine whether any changes have been made; please check the Terms and Conditions frequently for updates by checking the date of the “Last Update” at the top of this document. If any term, condition or any change to the Terms and Conditions is not acceptable to User, User must discontinue its use of the Web Sites immediately. User’s continued use of the Web Sites after any such changes are posted will constitute acceptance of those changes. The Terms and Conditions apply exclusively to User’s use of the Web Sites and do not alter the terms or conditions of any other agreement User may have with Festo.

(b) Festo may, at any time without notice or liability, and for any reason whatsoever, terminate, change, suspend or discontinue any aspect of the Web Sites, including (i) removing, adding, modifying, or changing the availability of, restricting access to, or imposing limits on any or all features on, or links to, the Web Sites, or (ii) adding, removing or changing any fees or charges for use of the Web Sites or any feature of the Web Sites. Festo reserves the right, in its sole discretion, to correct any errors or omissions in any portion of the Web Sites at any time without notice, but confirms that it has no duty to do so. Festo and its service providers will also have the right to terminate User’s use of the Web Sites as set out below under the heading “Termination of Use”.

(c) User agrees to have the Terms and Conditions and any related information made available to him/her, and to otherwise have communications between User and Festo occur, electronically.

3. Permitted Use

(a) User is granted a non-exclusive, non-transferable, non-sub-licensable, revocable, limited license to copy, download, display on his/her computer, print, and use the Content only for informational purposes and solely for: (a) User’s own personal use; or (b) User’s organization or company internal use. Except as provided herein, no other use is permitted.

(b) User shall not modify the Content from the form as presented on the Web Sites without acknowledging the source of the Content so modified (the “USER MODIFICATIONS”). Any User Modifications shall be made solely to the extent necessary to adapt the Content to User’s own personal use. Any User Modification shall not modify, edit or delete any copyright, trademark, trade name, service mark, or any other proprietary notice or legend appearing on any of the Content.

(c) All rights not expressly granted by the Terms and Conditions are reserved to Festo.

4. Restricted Uses

(a) User may not:

(i) include any Content in or with any product or service that User creates or distributes;

(ii) copy any Content onto User’s own or any other web site;

(iii) use the Web Sites in any manner that could damage, disable, overburden, impair, interfere with the security of, negatively affect the functioning of, or otherwise abuse, the Web Sites, system resources, accounts, servers, networks, affiliated or linked sites, connected to or accessible through the Web Sites (including without limitation uploading, posting or otherwise transmitting on the Web Sites computer viruses, Trojan horses, worms or other files or computer programs which are potentially harmful, disruptive or destructive or that may impose an unreasonable or disproportionately large load on the Web Sites’ infrastructure; or using any robot, spider or other automatic program or device, or manual process to monitor, copy, summarize, or otherwise extract information from the Web Sites or the Content in whole or in part);

(iv) use the Web Sites, the Content or User Modifications in any manner that infringes upon the legal rights of any other person (including privacy and personality rights, copyright, moral rights, and other intellectual property rights), that is unlawful, that violates any right of Festo, its partners, licensors, content providers, service providers or contractors, that is prohibited in the Terms and Conditions (including by accessing the Web Sites from any location where such access may be illegal or prohibited), that is unethical, indecent, offensive, defamatory, derogatory, fraudulent, deceptive, harmful, abusive, threatening, vulgar, profane, pornographic, obscene, sexually explicit, sexist, racist, hateful, offensive, harassing, invasive of the privacy rights of others (this includes the posting of any materials that depict, encourage, indicate, advocate or tend to incite any such conduct), that is otherwise objectionable or which does not respect the legal rights and interests of others;

(v) use the Web Sites, the Content or User Modifications in any data matching or data mining, including without limitation the collection or use of information about other users (including their email addresses) without their consent;

(vi) post or submit any materials to the Web Sites which would violate any of the restrictions set out in the Terms and Conditions;

(vii) use the Web Sites for commercial purposes or activities, except for entering into commercial transactions with Festo, including, without limitation: (A) selling or offering to sell any goods or services; (B) soliciting for advertisers or sponsors; (C) conducting contests, gaming or gambling or offering prizes, awards or any other incentives to any person; (D) displaying advertising or sponsorship banners, including those generated by banner or link exchange services; (E) soliciting for donations; or (F) use of unauthorized or unsolicited junk mail, spam, chain letters, pyramid schemes or any other form of solicitation; or

(viii) use the Web Sites in any manner that may: (A) harm, threaten, harass, abuse or intimidate any other person in any way or involve materials that depict, promote, encourage, indicate, advocate or tend to incite the commission of a crime or other unlawful activities, violence, hatred, cruelty or discrimination against any individuals or groups, for any reason, or any act of cruelty to animals; (B) dilute or depreciate the name and reputation of Festo, any Marks (as defined herein), partners, licensors, content providers, service providers or contractors thereof, as applicable; (C) interfere with any other persons’ use and enjoyment of the Web Sites or of the Internet generally; (D) result in the circumvention or breach of any user authentication, password, security or control measures regarding the Web Sites or any other Internet resource or computer system; (E) conceal or misrepresent the author or origin of any messages or communication, or that impersonate any person, or that falsely state or otherwise misrepresent an affiliation with any other person, including without limitation any Festo Representative (as defined below); or (F) disclose images of any person or private information about any person (such as names, telephone numbers, email addresses, postal addresses, social insurance or other security number) without that person’s permission.

(b) Except as provided herein, none of the Content may be copied, resold, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including electronic, mechanical, photocopying, recording or otherwise, without the prior written permission of Festo or the intellectual property right owner. If User has questions about the Terms and Conditions, please send a request for clarification to Festo using the provided Contact Us forms (available at www.festo.ca).

(c) User may not, without the written permission of Festo, “mirror” any Content on any other server.

5. Proprietary Information

(a) User agrees that all Content is protected by copyright (either registered or arising at common law or under the applicable civil law) and owned or controlled by Festo. User shall acknowledge the source of any Content used by him/her in accordance with the Terms and Conditions.

(b) Copyright and permission details are available on demand or as indicated on the Web Sites. Any unauthorized copying, redistribution, reproduction or modification of these Web Sites or the Content by any person may be a violation of trade-mark and/or copyright laws and could subject such person to legal action. User agrees to comply with all copyright laws worldwide in his/her use of the Web Sites and the Content and to prevent any unauthorized copying of the Content.

(c) Certain names, words, titles, phrases, logos, icons, graphics or designs in the Web Sites of Festo constitute trade-marks, trade-names, trade dress and/or associated products and services of Festo, its partners, any licensor, content provider, service provider or contractor of Festo or any other third party (collectively the “MARKS”) and may be protected in Canada and their display on the Web Sites does not convey or create any licence or other rights in the Marks. Any use of any of the Marks, in whole or in part, that are accessible via the Web Sites without prior written authorization of Festo or such third party is strictly prohibited.

(d) Festo respects the intellectual property rights of others. If you believe that your work has been copied and appears on the Web Sites in a way that constitutes infringement of your intellectual property rights, please notify us by using the provided Contact Us form (available at www.festo.ca). Festo reserves the right to remove content that infringes upon the intellectual property rights of others and to terminate use of the Web Sites as set out below under the heading “Termination of Use”.

6. Disclaimers

(a) The Web Sites and the Content are provided “AS IS” and as available basis; and that any access to, use of, modification to or reliance on the Web Sites and the Content shall be at User’s sole risk. Festo and its partners, licensors, agents, content providers, service providers, employees, officers, directors or representatives (“FESTO REPRESENTATIVES”), cannot and do not guarantee and do not make any, and expressly disclaim, all representations, warranties, covenants and conditions, express or implied, by operation of law or otherwise, with respect to the Web Sites or Content, including without limitation: (i) any implied warranties and conditions of merchantability, merchantable quality, or fitness for any particular purpose, or non-infringement, or any implied representations or warranties arising out of course of performance, course of dealing or usage of trade; (ii) that the Web Sites or Content will meet User’s requirements or will be compatible with User’s computer or related equipment, photograph equipment or software; (iii) that the Web Sites or Content is accurate, valid, reliable, authentic, current, or complete; or (iv) that the Web Sites will continue to operate, operate without interruptions or be error-free.

(b) In addition, Festo Representatives make no representation or warranty that the Web Sites or Content is appropriate or available for use at any location. Accessing the Web Sites or Content from locations where its contents are illegal is prohibited. Those who choose to access the Web Sites or Content from locations other than Canada do so on their own initiative and are responsible for compliance with local laws.

(c) User understands and agrees that Festo Representatives cannot and do not guarantee or warrant that files available for downloading from the Web Sites will be free from infection or viruses, worms, Trojan horses or other code that manifest contaminating or destructive properties. User is responsible for implementing sufficient procedures and checkpoints to satisfy User’s particular requirements for the prevention of such contaminating or destructive code, and for the accuracy of data input and output, and for maintaining a means external to the Web Sites for the reconstruction of any lost data. Festo Representatives do not assume any responsibility or risk for User’s use of the Internet.

(d) User is solely liable and responsible for any and all claims and demands made by any other person arising out of, in connection with, or relating to User’s use of the Web Sites or Content, User Modifications or Content, User’s breach of the Terms and Conditions, User’s violation or infringement of the rights of others, or User’s violation of any applicable civil or criminal law. Festo Representatives disclaim any and all responsibility and liability regarding all such matters.

(e) User agrees that he/she is solely responsible for actions and communications undertaken or transmitted in the course of his/her usage of the Web Sites, User Modifications and Content, and that User will comply with all laws that apply or may apply to his/her use of or activities on the Web Sites or in respect of the Content or the User Modifications. Festo may investigate occurrences which may involve violations of such laws, and may involve, and co-operate with, law enforcement authorities in prosecuting users who are involved in such violations. Festo reserves the right at all times to disclose any information (including User’s personal information) regarding his/her usage of the Web Sites or Content (including any perceived violations of applicable law), in each case as may be permitted or required by applicable law, including as necessary to satisfy any request authorized by applicable law.

7. Linked Web Sites and Framing

(a) Certain links on the Web Sites may take User to other web sites. Festo provides these links only as a convenience. Festo is not responsible for the content of any such linked pages. Festo makes no representation or warranty regarding, and does not endorse or approve, any linked web sites, the information appearing thereon or any of the products or services described. Should User leave the Web Sites via a link contained herein, and view content that is not provided by or on behalf of Festo, User does so at User’s own risk and it is User’s responsibility to take all protective measures to guard against viruses and other destructive elements.

(b) User is granted a limited, nonexclusive right to create a hyperlink to the Web Sites, other than to those portions of the Web Sites where registration is required. User agrees that if User links his/her web sites to the Web Sites, User or User’s web sites shall not (a) create frames around any part of the Web Sites or use other techniques that alter the visual presentation of these Web Sites; (b) imply that Festo is endorsing User or any other person, or User’s or such other person’s products or services; (c) without the prior written consent of Festo, imply an affiliation between User or any other person, or User’s or such other person’s products or services and Festo; (d) misrepresent the relationship of User or any other person with Festo or present false, misleading, derogatory, defamatory or otherwise damaging information or impressions about Festo or any of its products or services; or (e) contain materials that may be interpreted as distasteful, harmful, offensive, or inaccurate, or are otherwise in breach of the Terms and Conditions (including without limitation Section 4 (Restricted Uses)).

8.Limitation on Liability

(a) User agrees that Festo or Festo Representatives shall not have any responsibility or liability in connection with the Web Sites, the Content or the User Modifications to User or any other person or entity for any loss or damage whatsoever, incidental, indirect, punitive, exemplary, consequential or special damages (including, without limitation, damages for pain and suffering, emotional distress or similar damages, harm to business or reputation, loss of information or programs or data, loss of profit, loss of revenue or income, loss of salary or other compensation from employment), arising from or in connection with the use of or access to, or any inconvenience, delay or loss of use of or access to, the Web Site, the Content, the User Modifications, any content of any linked site, or failure of such sites, (including without limitation any damages suffered as a result of omissions or inaccuracies in such sites or content, or the transmission of confidential or sensitive information to or from such sites) even if Festo or any Festo Representatives have been advised of the possibility of such damages or loss or if such damage or loss was foreseeable.

9.Indemnity

(a) User will indemnify and hold Festo or Festo Representatives (the “INDEMNIFIED PARTIES”) harmless from and against any claims brought by third parties arising out of User’s use of the information accessed from the Web Sites, and any breach of the Terms and Conditions by User, including any use of the Content or User Modifications other than as expressly authorized in the Terms and Conditions. User agrees that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use or modification, and agrees to indemnify any and all resulting loss, damages, judgments, awards, costs, expenses, and lawyers’ fees of the Indemnified Parties in connection therewith.

10. Registered Account and Password

(a) User is responsible for maintaining the confidentiality of User’s registered account information, including, without limitation, User’s password. User is responsible for all uses of User’s registered account, whether or not actually or expressly authorized by User.

(b) User is responsible for verifying and maintaining the protection, security, and distribution of User’s registered account information, including without limitation, account numbers, user names, and passwords associated with purchasing via the Web Sites[, including, without limitation, the Festo Online Shop (at www.festo.ca).

(c) All purchases made via a User’s registered account on behalf of an organization are deemed to be authorized purchases by that organization, and User acknowledges and agrees that User is duly authorized to make such purchases on behalf of that organization.

(d) All liability relating to password management resides with User and User’s organization and under no circumstances, including negligence or misconduct, shall Festo be liable for any damages that result from the use of a User’s registered account.

11. Purchases

(a) Purchases made via the Web Sites are subject to the Festo Terms and Conditions of Sale (as such Terms and Conditions may be amended from time to time), which are incorporated by reference into the Terms and Conditions and can be viewed at www.festo.ca

12. Communications

(a) All information that User provides through the Web Sites or in connection with any material submitted, must be true, accurate, current and complete, and where applicable, must be updated by User promptly upon the occurrence of any change in such information.

(b) Festo and its service providers will rely on the information User provides. User will be responsible for any and all loss, damage, or additional costs that User, Festo or its service providers or others may incur as a result of User’s submission of any false, incorrect or incomplete information or User’s failure to update his/her registration or other information that he/she submits via the Web Sites.

(c) Subject to any applicable law (and, in the case of personal information, the requirements of the Festo Privacy Statement (available at www.festo.ca any communications sent by or to User via this Web Sites or Festo, whether solicited by Festo or otherwise, are on a non-confidential basis, and Festo shall be free to use and disclose the content of any such communication, including without limitation any ideas, inventions, concepts or know-how disclosed therein, for any purpose including without limitation developing, manufacturing and/or marketing goods and services. User agrees to not assert any ownership right of any kind in such communications (including without limitation copyright, trade-mark, patent, unfair competition, moral rights, or implied contract) and User hereby waives such moral rights in favour of Festo as well as the right to receive any financial or other consideration in connection with such communication.

(d) If User sends any unsolicited idea, suggestion or other material in any format (“SUBMISSIONS”) to Festo or the Web Sites, User automatically grants to Festo and its successors and assigns a perpetual, royalty-free, irrevocable, unrestricted, non-exclusive, world-wide, right and license to use, copy, reproduce, modify, adapt, publish, translate, create derivative works from, distribute, perform, display and otherwise exploit the Submissions or any ideas, concepts, know-how or techniques associated with the Submissions for any purpose whatsoever, commercial or otherwise, using any form, media or technology now known or later developed, without providing compensation to User or anyone else, without any liability whatsoever, and free from any obligation of confidence or other duties on the part of Festo or its successors or assigns, and User agrees, represent and warrant that User shall waive all moral rights (including the right to be associated with the Submission) in the Submissions upon their submission to the Web Sites.

13.Privacy

(a) Festo respects Users’ right to privacy. All information that Festo may collect via the Web Sites about User during User’s visit to the Web Sites, is subject to Festo’s Privacy Statement, which is incorporated by reference into the Terms and Conditions and can be viewed at www.festo.ca.

14. Jurisdiction

(a) The Web Sites are hosted on servers residing in Esslingen, Germany, and the Web Sites are controlled by Festo from the Province of Ontario, Canada. By accessing the Web Sites, User agrees that this agreement is formed in the Province of Ontario, Canada, and that all matters relating hereto shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflicts of laws principals thereof.

(b) Any dispute between Festo and User or any other person arising from, in connection with or relating to the Web Sites, Content, Terms and Conditions, any transaction through the Web Sites or any related matter must be resolved before the Courts of the Province of Ontario, Canada sitting in the City of Toronto, and User hereby irrevocably submit and attorn to the exclusive jurisdiction of those Courts in respect of any such dispute.

15. Termination of Use

(a) If User breaches any provision of the Terms and Conditions, then User may no longer use the Web Site or the applicable Contents that are made available through the Web Sites and may have its registered account with Festo revoked. Festo, in its discretion, shall determine whether the Terms and Conditions have been violated.

(b) Festo or its service providers may at any time and for any reason, with or without cause, and in their sole discretion, immediately: (i) suspend or terminate (in whole or in part) User’s authorization to use the Web Sites; (ii) suspend, terminate, remove or permanently delete and destroy, as applicable, any of User’s: (A) registered account with Festo; (B) ID, password, URL, IP address or domain name; or (C) any material that User or others may have posted or submitted to any or all Web Sites; (iii) restrict access to the materials posted or submitted to the Web Sites; and (iv) bar User from any future use of the Web Sites; all without any prior notice or any liability to User or any other person, and User agrees to comply with all such measures.

16. Other

(a) If for any reason a court of competent jurisdiction finds any provision of the Terms and Conditions or portion thereof to be unlawful, void, or for any reason unenforceable, then that provision shall be enforced to the maximum extent permissible so as to effect the intent of the Terms and Conditions, and the remainder of the Terms and Conditions shall continue in full force and effect. Festo’s failure to insist upon or enforce strict performance of any provision of the Terms and Conditions or any right shall not be construed as a waiver of any such provision or right. User and Festo are independent contractors, and no agency, partnership, joint venture, employment or franchise relationship is intended or created by the Terms and Conditions or use of the Web Sites, any Service or Content by User.

(b) The Terms and Conditions (including the Festo Privacy Statement at www.festo.ca and the Terms and Conditions of Sale at www.festo.ca) constitute the entire agreement between Festo and User with respect to the subject matter hereof, and supersede all communications, representations or agreements, either oral or written, between Festo or its partners and User with respect to this subject matter. In the case of any conflict between (i) the Terms and Conditions of Sale, or the Festo Privacy Statement, and (ii) the Terms and Conditions, the Terms and Conditions of Sale, or the Festo Privacy Statement, as applicable, shall govern.

(c) The provisions of the Terms and Conditions will enure to the benefit of and be binding upon Festo and any service providers, as applicable, and their respective successors and assigns, and User and User’s heirs, executors, administrators, successors and personal representatives. User may not assign the Terms and Conditions or User’s rights and obligations under the Terms and Conditions without the express written consent of Festo, which may be withheld in Festo’s sole discretion. Festo and its service providers may assign these terms and conditions and their respective rights and obligations under these terms and conditions without User’s consent.

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Accessibility Policy (Employment, Customer Service, and Built Environment)

Intent

Festo Inc. (“Festo”) is committed to providing a barrier-free environment for all stakeholders, including clients, employees, job applicants, suppliers, and any visitors who enter the premises, work for the company, access information provided by the company, or use the company’s goods and services.

Festo works to identify and remove barriers and prevent new barriers for persons with disabilities as they relate to employment, receipt of goods and services, the built environment, and information and communications. The company acts so that dignity and inclusion can be experienced by all. This policy outlines the company’s strategy for identifying, removing, and preventing these barriers.

Definitions

Accessible formats: Include but are not limited to large print, recorded audio and electronic formats, braille, and other formats usable by persons with disabilities.

Assistive device: Any medical device, mobility aid, communication aid, or other aid that is specially designed to assist a person with a disability with a need related to their disability.

Communication supports: Captioning, alternative and augmentative communication supports, plain language, sign language, and other supports that facilitate effective communications.

Constructive discrimination: Also referred to as adverse effect, is discrimination that unintentionally singles out a particular group, resulting in unequal treatment.

Conversion-ready: An electronic or digital format that facilitates conversion into an acceptable format.

Disability: Any impairment, including a physical, mental, intellectual, cognitive, learning, communication, and sensory impairment, or functional limitation that is either permanent, temporary, or episodic in nature. It can be evident or not in interaction with a barrier to hinder a person’s full and equal participation in society.

Mobility aid: Any manual or electric wheelchair, scooter, boarding chair, walker, cane, crutch, prosthesis, or other aid that is specially designed to assist a person with a disability with a need related to mobility.

Service animal: An animal that can be recognized by visual indicators such as a vest or harness that is being used by an individual with a disability for reasons relating to the person’s disability.

Support person: Another person who accompanies an individual with a disability in order to help with communication, mobility, personal care, medical needs, or access to goods and services.

Guidelines

Employment

Festo makes every effort to identify, remove, and prevent barriers to employment by developing inclusive procedures that support and accommodate persons with disabilities throughout their recruitment and employment. Whenever a candidate requires accommodation to enable them to fully participate in the recruitment and selection process, or a current employee requires accommodation in the workplace, the company works with the individual to provide such accommodation up to the point of undue hardship.

Job Design

Festo proactively conducts thorough job analyses to ensure new and existing job requirements are bona fide occupational requirements: that is, reasonable and made in good faith. To determine whether a requirement is bona fide, the company ensures the following:

1. The requirement achieves a goal that is rationally connected to performing the job;
2. The requirement is adopted in good faith and fulfills a legitimate work-related purpose; and
3. The requirement is reasonably necessary to accomplish a work-related process or task.

Where a requirement is not bona fide, the company evaluates and determines whether reasonable accommodations can be provided to individuals to achieve equal opportunity in the workplace. The company always works to ensure job design is non-discriminatory, including assessing jobs and working requirements for the potential of constructive discrimination.

Recruitment and Hiring

Festo completes recruitment and selection activities in a way that ensures dignity and inclusion for all who participate. Upon request, the company provides candidates with reasonable accommodations during the interview and selection process. The company consults with the candidate to arrange suitable, personalized accommodations, such as providing the application in an alternate or accessible format.

Festo is committed to hiring decisions that are unbiased and based on qualifications and experience. The company interview process focusses on experience and skills and will not discriminate against candidates who have a disability or require an accommodation, whether it is required during the interview process or would be required if the candidate were hired. Successful candidates are made aware of policies and supports for accommodations upon completion of the recruitment process.

Training and Development

Festo recognizes that skills development and career planning can enrich the employment experience, increase engagement, and reduce turnover for all employees. To this end, all employees are treated equally regarding training opportunities, and the company does not discriminate against employees who require accommodation when considering eligibility for training and development.

The company aligns training and development programs to meet the needs of employees with disabilities and provides training as soon as reasonably practicable upon the person being assigned to applicable duties. Training programs are designed with flexibility to allow customization for the individual requirements of the employee, such as providing training materials in accessible or conversion-ready formats that take into account the need of the employee. The company considers employee barriers when implementing performance management processes, or when offering career development, employment support, or advancement opportunities.

Emergency Response

If necessary or upon request, Festo creates individualized workplace emergency response plans for employees with disabilities. The emergency response plan considers the unique challenges created by the individual’s disability and the physical nature of the workplace and is created in consultation with the employee. If an employee with a disability requires assistance from a support person during an emergency, the company designates a fellow mutually agreed upon employee to act as such. Where necessary, this employee will have the required first aid training and certification necessary to provide emergency support.

Customized emergency response plans are reviewed when:

• The employee moves to a different physical location in the organization;
• The employee’s overall accommodation needs or plans are reviewed; and
• The company reviews general emergency response policies.

Return to Work

Festo provides a supportive return-to-work program and develops and implements return-to-work processes for employees who are absent from work due to a disability and require accommodations to return to work. The company works with the employee to develop an individualized return-to-work plan and support the employee in the transition period by identifying and eliminating or reducing any barriers. The return-to-work process outlines the steps the company will take to facilitate the employee’s return to work and any individualized accommodation needs.
(Please refer to Festo’s Return to Work Policy (WSIB) – Ontario Policy for more information.)

Redeployment

If an employee cannot be accommodated in their current position, even with accommodations to either the job processes or hours, Festo will consider redeployment by placing the employee in an alternative position in the company. Depending on the employee’s needs, redeployment to an alternative position may be temporary or permanent. The company will work with the HR Team and the employee to determine whether there is another available and suitable position to accommodate the employee’s needs. If the accommodation requires a substantial change in the position, involving duties or hours, the position may be redesigned.

Inability to Accommodate

Festo provides workplace accommodation up to the point of undue hardship. Undue hardship may occur where it is established that no forms of reasonable accommodation exist, or where the creation of accommodation would create a health and safety hazard or cause unreasonable costs for the organization.

Where a necessary accommodation is found to cause undue hardship on the organization, the company will work to find a fair and equitable compromise that meets the needs of the employee and the organization to the greatest extent possible.

Customer Service

Access to Goods and Services

Festo seeks to provide barrier-free access to the company’s goods and services for all customers. Where barriers cannot be removed, alternate means for accessing goods or services are provided to the best of the company’s ability.

Support Persons and Service Animals

If a customer with a disability is accompanied by a support person, Festo ensures that both persons may enter the premises together and that the customer is not prevented from having access to the support person. A customer with a disability accompanied by a service animal may access premises that are open to the public unless otherwise excluded by law.

The company waives admission fees to support persons, or when not possible, ensures the customer is notified of admission costs in advance. The company attempts to accommodate the customer and support person to sit with one another. In situations where confidential information might be discussed, consent is obtained from the customer before any potentially confidential information is mentioned in front of the support person.

Communication

Festo understands the importance of accessible digital and non-digital forms of communication and does its best to provide accessible types of communication and information to all individuals with disabilities. Such accessible formats and communication supports are provided upon request, in a timely manner and at no additional cost. When applicable, Festo will use the 2 official language of Canada – English and French, to accommodate such communication requests.

Service Disruptions

Service disruptions may occur for reasons that may or may not be within the control or knowledge of Festo. In the event of any temporary disruptions to facilities or services that customers with disabilities rely on to access or use goods or services, reasonable efforts will be made to provide advance notice.

When disruptions occur, the company will:

• Post notices in the nearest accessible entrance to the service disruption.
• Update the company website with information about the disruption; and
• Contact customers with reservations or appointments by any method that may be reasonable under the circumstances.
• Inform employees about the disruption as communicated by the designated disaster recovery officer of the company

The company makes every reasonable effort to indicate when services will resume and suggest alternatives that can be used during the disruption. In some circumstances, such as in the situation of unplanned temporary disruptions or emergencies, notice may not be possible.

Emergency Notifications

Festo provides emergency and public safety information, plans, procedures, maps and warning signs at evacuation points, and any other emergency alert information in accessible formats or with appropriate communication supports, upon request. Alarm systems are both auditory and visual.

The company will:

• Work with any individuals requesting information to best meet their needs;
• Ensure emergency information can be seen, read, and heard by anyone, including people with disabilities; and
• If a person with a disability requires assistance in an emergency, make sure an employee is available to assist.

Feedback

Festo acknowledges that customer and employee feedback can lead to improved service, increased clientele, a reduction in complaints, improved working conditions, and an improved workplace culture, especially as it applies to accessibility. The company ensures that feedback can be provided by persons with disabilities through various methods. Feedback forms, along with alternate accessible methods of providing feedback, are available upon request.

Individuals who provide formal feedback receive acknowledgement of their feedback, along with information regarding any resulting actions based on their submitted concerns or complaints.

Feedback can be submitted to:

Maria Vicuna
5300 Explorer Drive
Mississauga, Ontario L4W 5G4
maria.vicuna@festo.com
+1(905)614-2790


In addition, Customers can submit feedback via our Customer Service
1-800-96-FESTO (800-963-3786) or customer.service.ca@festo.com

Feedback can be provided anonymously if desired, and feedback remains confidential unless the person consents to the disclosure of their personal information. Feedback is received in whatever format the individual providing the feedback is most comfortable with. The personal information of anyone who provides feedback remains confidential in accordance with all applicable privacy laws.

Building Accessibility

Festo works to ensure that the built environment, including building interiors and exteriors, is designed to facilitate barrier-free access to goods, services, and employment for customers and employees. If areas of the built environment are not accessible for certain individuals with disabilities, the company will work with the individual to provide an alternate means of access up to the point of undue hardship.

Last Revised: December 15, 2023

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