Toba Centre for Children & Youth Inc. General Terms of Use
PLEASE READ THESE TERMS OF USE CAREFULLY AS THEY CONTAIN IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND OBLIGATIONS. THESE INCLUDE VARIOUS LIABILITY LIMITATIONS AND EXCLUSIONS, AND A DISPUTE RESOLUTION CLAUSE THAT GOVERNS HOW DISPUTES WILL BE RESOLVED.
Access and use of this website (the “Site”) and its related services (the “Services”) are provided by Toba Centre for Children & Youth Inc. (“TOBA CENTRE FOR CHILDREN & YOUTH”, “we” and “us”) to you on condition that you accept these Terms of Use, and by pressing “accept” or “agree” below or accessing or using this Site or the Services, you agree to these Terms of Use. If you do not agree to accept and abide by these Terms of Use you may not access or use this Site or the Services.
These Terms of Use govern the relationship between you, the Site visitor and/or member (“you”), and TOBA CENTRE FOR CHILDREN & YOUTH with respect to your use of this Site and its related Services. You agree that the agreement formed by these Terms of Use is like any written negotiated agreement signed by you, and you agree to be bound by, and fully comply with, its terms. You represent and warrant that you have all necessary right, power and authority to enter into this agreement and to perform and otherwise discharge all of your obligations hereunder.
TOBA CENTRE FOR CHILDREN & YOUTH IS NOT RESPONSIBLE FOR: (I) THE ACCURACY OR RELIABILITY OF ANY OPINION, ADVICE, TESTIMONIAL OR STATEMENT MADE ON THE SITE; (II) ANY INFORMATION POSTED ON THE SITE; OR (III) ANY MENTAL OR BODILY INJURY, INCLUDING LOSS OF LIFE OR LOSS OF BODILY FUNCTIONS, SUSTAINED BY YOU IN CONNECTION WITH YOUR USE OF THE SITE OR THE SERVICES. THE FOREGOING DISCLAIMER AND LIMITATIONS OF LIABILITY SHALL NOT LIMIT THE DISCLAIMERS AND LIMITATIONS OF LIABILITY SET OUT IN SECTIONS 13 AND 14.
ALL INFORMATION CONTAINED ON THE SITE IS FOR INFORMATIONAL PURPOSES ONLY.
IF YOU ARE A PARENT OR GUARDIAN AND YOU CONSENT TO YOUR CHILD’S USE OF THIS SITE OR THE SERVICES, BY PROVIDING SUCH CONSENT YOU ARE AGREEING TO BE BOUND BY THESE TERMS OF USE IN RESPECT OF YOUR CHILD’S USE OF THIS SITE AND THE SERVICES. YOUR CHILD CANNOT USE THIS SITE OR THE SERVICES WITHOUT YOUR CONSENT, SUPERVISION, INVOLVEMENT AND PERMISSION. IF YOU DO NOT AGREE TO CONSENT TO AND SUPERVISE YOUR CHILD’S USE OF THIS SITE OR THE SERVICES, YOU AND YOUR CHILD MAY NOT ACCESS OR USE THIS SITE OR THE SERVICES.
1. JURISDICTION & CHILDREN
You understand that aspects of this Site and the Services may not be available in all jurisdictions and that you are responsible for ensuring that it is lawful for you to use this Site and receive the Services where these activities occur.
If you reside in a jurisdiction which restricts the use of Internet-based applications according to age, or which restricts the ability to enter into agreements such as set out in these Terms of Use according to age and you are under such a jurisdiction and under such age limit, you may not enter into this agreement or use this Site or the Services. By using this Site or the Services, you are expressly representing to TOBA CENTRE FOR CHILDREN & YOUTH that you have verified in your own jurisdiction that your use of this Site and the Services is allowed based on your age.
Furthermore, if you reside in a jurisdiction where it is forbidden by law to participate in the activities offered by this Site or the Services, you may not enter into this agreement or use this Site or the Services. By using this Site you are explicitly representing that you have verified that your use of this Site and the Services is allowed in your own jurisdiction.
You may, where authorized or permitted by law, permit your children to use this Site and the Services, provided that you supervise such use. You are responsible for ensuring that you and your child are aware of, understand and comply with these Terms of Use. You shall at all times be responsible and liable for all activities conducted on or through the Site, including, without limitation, all activities conducted through your Account and all activities which may be conducted by your child.
Your Account may be deleted and these Terms of Use may be suspended or terminated without warning, if we believe that you are under age or your use of this Site or the Services is not allowed (among other reasons set out below).
2. PRIVACY
TOBA CENTRE FOR CHILDREN & YOUTH is committed to respecting the privacy of the personal information of the individuals with whom we interact. We have developed a Privacy Policy to describe our privacy policies and practices and how we collect, use and disclose the personal information of those individuals who visit this Site or use the Services. Please see our Privacy Policy for further details and contact information for our Privacy Officer.
You acknowledge and agree that access to and use of this Site and the Services is provided via the Internet and that your information, including personal information, may be transferred across national borders and stored or processed in any country in the world.
3. ACCOUNTS
In order to access and use certain of the Services available on this Site, you may need to sign up for, open and maintain an account (“Account”). Prior to completing the signup process for your Account, you will be required to indicate your acceptance of all of the terms and conditions of these Terms of Use. If you do not agree to these Terms of Use, you may not sign up for an Account.
During the registration process we may collect your name, address, email address, phone number, credit card information, username, and password. Your information may be used by us in connection with the Services or your use of the Site:
- to verify your eligibility to create and to maintain your Account;
- to ensure that your Account, including your username, is unique;
- to enable us to provide certain security and privacy safeguards;
- to deal with security, debugging and technical support issues;
- for payment-related issues; and
- to comply with law.
All of the information you provide to us or that we collect from you in connection with your use of the Site or the Services will be governed by these Terms of Use. You agree at all times to: (i) provide accurate, current and complete information about yourself as prompted by our registration form or otherwise; and (ii) maintain and update your information (including your email address) to keep it accurate, current and complete. You acknowledge that, if any information provided by you is untrue, inaccurate, not current or incomplete, we may suspend or terminate your Account and your ability to use this Site or the Services and, in our sole discretion, to report you to appropriate authorities.
If applicable, we will charge the payment method you specify at the time of payment. You authorize TOBA CENTRE FOR CHILDREN & YOUTH to charge all sums as described in these Terms of Use, to that payment method and you agree to keep your payment information valid and up to date. If you pay any fees with a credit card, TOBA CENTRE FOR CHILDREN & YOUTH may seek pre-authorization of your credit card account prior to your payment to verify that the credit card is valid and has the necessary funds or credit available to cover your payment.
We hereby disclaim any and all responsibility or liability for any unauthorized use of your Account.
You must not choose a username that infringes the rights of any third party, impersonates any TOBA CENTRE FOR CHILDREN & YOUTH employee, other user, celebrity or any famous person or entity, which is deliberately confusing or which is offensive, racist, obscene, hurtful, unlawful or otherwise inappropriate. You agree that you will not use misspellings or alternative spellings or take any other actions for the purpose of circumventing the foregoing restrictions. You understand and agree that, in addition to the foregoing restrictions, we reserve the right to change, remove, alter or delete any username at any time and for any reason in our sole discretion.
YOU ARE ENTIRELY RESPONSIBLE FOR MAINTAINING THE CONFIDENTIALITY OF YOUR USERNAME AND PASSWORD AND FOR ANY AND ALL ACTIVITIES (INCLUDING PURCHASES AND CHARGES, AS APPLICABLE) THAT ARE CONDUCTED THROUGH YOUR ACCOUNT.
You cannot transfer your Account to any other person, or permit anyone else to use it.
You agree to notify us immediately of any unauthorized use, theft or misappropriation of your account, username, or password. We shall not be liable for any loss that you incur as a result of someone else using your username or password, either with or without your knowledge.
By using the Site, the Services or providing personal information to us, you agree that we may communicate with you electronically regarding security, privacy, and administrative issues relating to your use of the Site, and the Services. If we learn of a security system’s breach, we may attempt to notify you electronically by posting a notice on the Service or sending an email to you, if we have your email address.
4. PERSONAL USE ONLY
This Site and the Services are only for personal use. You may not use this Site or the Services for commercial purposes or in any way that is unlawful, or harms us or any other person or entity, as determined in our sole discretion.
5. CODE OF CONDUCT
You may not interfere with the security of, or otherwise abuse this Site, the Services or any system resources, services or networks connected to or accessible through this Site or the Services. You may only use this Site and the Services for lawful purposes. You agree that you will not attempt to, nor permit any third party to, enter restricted areas of TOBA CENTRE FOR CHILDREN & YOUTH’s computer systems or perform functions that you are not authorized to perform.
TOBA CENTRE FOR CHILDREN & YOUTH may, without notice, temporarily suspend your, or any other parties, access to this Site or the Services and/or deactivate your Account if we reasonably suspect that you, or any other parties, are obtaining unauthorized access to our other systems or information. These suspensions will be for such periods of time as TOBA CENTRE FOR CHILDREN & YOUTH may reasonably determine is necessary to permit the thorough investigation and mitigation of such suspended activity.
While using this Site or the Services you agree to comply with all applicable laws, rules and regulations, including without limitation any laws governing the transmission of commercial electronic messages or similar. In particular, you agree to only use the Site or the Services to send commercial electronic messages to individuals:
- to whom you are related through a marriage, common-law partnership or any legal parent-child relationship, and with whom you have had direct, voluntary, two-way communication; or
- with whom you have had direct, voluntary, two-way communications, and it would be reasonable to conclude that you have a personal relationship, taking into consideration any relevant factors such as the sharing of interests, experiences, opinions and information evidenced in the communications, the frequency of communication, the length of time since you last communicated or whether you have met in person.
We reserve the right, in our sole discretion, to take any actions we deem necessary and appropriate to preserve the integrity of this Site and the Services.
6. AVAILABILITY
While we endeavour to keep downtime to a minimum, we can’t promise that this Site or the Services will be uninterrupted, secure or error-free. We reserve the right to interrupt or suspend this Site or the Services, or any part thereof, with or without prior notice for any reason.
7. ACCESS TO THE INTERNET
You are solely responsible for obtaining and maintaining all Internet, computer hardware and other equipment needed to access and use this Site and the Services and that you shall be solely responsible for all charges and fee related thereto.
8. CHANGES TO SITE AND CONTENT
TOBA CENTRE FOR CHILDREN & YOUTH may revise, supplement or delete information, services and/or the resources contained in this Site and the Services and reserves the right to make such changes without prior notification to past, current or prospective visitors. For the avoidance of doubt, we reserve the right at any time to change: (i) the terms and conditions of these Terms of Use; (ii) this Site or the Services, including terminating, eliminating, supplementing, modifying, adding or discontinuing any content or feature or data or service on or available through this Site or the Services or the hours that they are available; (iii) any fees or charges, if any, related to the use of this Site or the Services; and (iv) the equipment, hardware or software required to use and access this Site or the Services.
Any changes we make to these Terms of Use will be effective immediately upon notice, which we may provide by any means including, without limitation, posting on this website. Your continued use of this Site or the Services after such notice will be deemed acceptance of such changes. Be sure to return to this Site periodically to ensure you are familiar with the most current version of these Terms of Use.
9. LINKED WEBSITES
This Site or the Services may provide links to third party websites for your convenience only. The inclusion of these links does not imply that TOBA CENTRE FOR CHILDREN & YOUTH monitors or endorses these websites. TOBA CENTRE FOR CHILDREN & YOUTH does not accept any responsibility for such websites. TOBA CENTRE FOR CHILDREN & YOUTH shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with the use of or the reliance upon any information, content, goods or services available on or through any third party websites or linked resources.
10. INTERNET SOFTWARE OR COMPUTER VIRUSES
TOBA CENTRE FOR CHILDREN & YOUTH shall not be responsible or liable for any software, computer viruses or other destructive, harmful or disruptive files or programs that may infect or otherwise impact your use of your computer equipment or other property on account of your access to, use of, or browsing on this Site or the Services or other content from this Site. TOBA CENTRE FOR CHILDREN & YOUTH suggests that you take prudent action to protect yourself, such as installing appropriate anti-virus or other protective software.
11. INTELLECTUAL PROPERTY
This Site and the Services are owned and operated by TOBA CENTRE FOR CHILDREN & YOUTH and may be protected by intellectual property laws including laws relating to copyrights, trade-marks, trade-names, Internet domain names, notice and notice rights, and other similar rights under the laws of Manitoba, Canada.
To the extent that you use the Site or the Services to post, display or otherwise make available text, images, video recordings, audio recordings, or any other information capable of protection by intellectual property laws or other exclusive rights, you agree to grant, and hereby grant, TOBA CENTRE FOR CHILDREN & YOUTH a perpetual, non-exclusive, royalty-free, worldwide license to reproduce, display, alter, or otherwise make available such works. Further, you agree to waive, and hereby waive, any moral rights, personality rights, publicity rights and similar that you may have in same.
12. SITE AND SERVICES PROVIDED “AS IS”
THIS SITE (INCLUDING, WITHOUT LIMITATION, THE INFORMATION PUBLISHED THEREON) AND THE SERVICES ARE PROVIDED “AS IS” WITHOUT REPRESENTATION, WARRANTY OR CONDITION OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED REPRESENTATIONS, WARRANTIES OR CONDITIONS OF MERCHANTABILITY, OR FITNESS FOR A PARTICULAR PURPOSE. TOBA CENTRE FOR CHILDREN & YOUTH DOES NOT REPRESENT OR WARRANT THAT THIS SITE OR THE SERVICES WILL MEET YOUR REQUIREMENTS OR THAT THEIR USE WILL BE UNINTERRUPTED OR ERROR-FREE.
13. LIMITATION OF LIABILITY
TOBA CENTRE FOR CHILDREN & YOUTH DOES NOT TAKE RESPONSIBILITY FOR ANY INFORMATION OR CLAIM MADE BY A USER OF THE SITE OR THE SERVICES. WE DO NOT GUARANTEE THAT MEMBERS WILL BE LOCATED IN ANY PARTICULAR COUNTRY, DESTINATION OR PLACE.
YOU ASSUME ALL RESPONSIBILITY AND RISK FOR USE OF THIS SITE AND THE SERVICES, INCLUDING WITHOUT LIMITATION ANY OF THE INFORMATION CONTAINED THEREIN. IN PARTICULAR, YOU ASSUME ALL LIABILITY AND RISK FOR ANY MENTAL OR BODILY INJURY WHATSOEVER, INCLUDING LOSS OF LIFE OR LOSS OF BODILY FUNCTION, SUSTAINED BY YOU IN CONNECTION WITH THE USAGE OF THE SITE AND THE SERVICES, INCLUDING ANY ACTIVITIES PLANNED THROUGH THE SITE OR SERVICES, WHETHER BY WAY OF ACCIDENT, INTENTIONAL ASSAULT OR OTHERWISE. FURTHER, YOU ASSUME ALL RESPONSIBILITY AND RISK FOR THE OUTCOME OF ANY MEETING OR RENDEZVOUS WITH ANY MEMBER OR USER OF THE SITE OR SERVICES.
IN NO EVENT SHALL TOBA CENTRE FOR CHILDREN & YOUTH OR ANY OF ITS DIRECTORS, OFFICERS, EMPLOYEES, PARTNERS, AGENTS OR REPRESENTATIVES BE LIABLE FOR ANY INCIDENTAL, INDIRECT, PUNITIVE, EXEMPLARY, CONSEQUENTIAL OR OTHER SIMILAR DAMAGES WHATSOEVER (OR FOR ANY DAMAGES FOR LOSS OF PROFITS, INTERRUPTION, LOSS OF BUSINESS INFORMATION, OR ANY OTHER PECUNIARY LOSS IN CONNECTION WITH ANY CLAIM, LOSS, DAMAGE, ACTION, SUIT OR OTHER PROCEEDING ARISING UNDER OR OUT OF THESE TERMS OF USE, INCLUDING WITHOUT LIMITATION YOUR USE OF, RELIANCE UPON, ACCESS TO, OR EXPLOITATION OF THIS SITE, THE SERVICES, OR ANY PART THEREOF, OR ANY RIGHTS GRANTED TO YOU HEREUNDER, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, WHETHER THE ACTION IS BASED ON CONTRACT, TORT (INCLUDING NEGLIGENCE), INFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS OR OTHERWISE.
THE INTERNET IS NOT A SECURE MEDIUM. THE AUTHENTICITY AND PRIVACY OF COMMUNICATIONS OVER THE INTERNET CANNOT BE ASSURED. YOU SHOULD NOT SEND ANY PERSONAL OR CONFIDENTIAL INFORMATION TO ANYONE OVER THE INTERNET, AND TOBA CENTRE FOR CHILDREN & YOUTH CANNOT ASSUME ANY RESPONSIBILITY FOR ANY HARM OR DAMAGE YOU MAY EXPERIENCE OR INCUR BY DOING SO.
IN EVERY EVENT, TOBA CENTRE FOR CHILDREN & YOUTH’S TOTAL MAXIMUM AGGREGATE LIABILITY UNDER THESE TERMS OF USE OR THE USE OR EXPLOITATION OF ANY OR ALL PART OF THIS SITE AND/OR THE SERVICES IN ANY MANNER WHATSOEVER SHALL BE LIMITED TO FIVE ($5.00) DOLLARS.
14. INDEMNIFICATION
YOU AGREE TO, UPON REQUEST, INDEMNIFY AND HOLD US HARMLESS FROM ANY AND ALL LIABILITIES, CLAIMS, LOSSES AND EXPENSES, INCLUDING ATTORNEYS’ AND OTHER FEES AND COSTS, WHICH ARISE DIRECTLY OR INDIRECTLY FROM ANY BREACH OF THESE TERMS OF USE FOR WHICH YOU ARE RESPONSIBLE.
15. TERM & TERMINATION
You acknowledge and agree that access to this Site and the Services may not be available from time to time, may be amended, revised, replaced, suspended or terminated in whole or in part at any time and without notice, and that TOBA CENTRE FOR CHILDREN & YOUTH shall not, in any event, be responsible to you in any way should you be unable to access this Site and the Service at any time or from time to time.
TOBA CENTRE FOR CHILDREN & YOUTH may, at its sole discretion, at any time and from time to time, without notice, suspend your right to use this Site and the Services and/or terminate these Terms of Use (including any of the licenses granted hereunder). Without limiting the foregoing, these Terms of Use and the licenses granted herein shall automatically terminate, without notice, if you materially fail to perform or comply with these Terms of Use or any provision hereof. Upon termination of these Terms of Use, you shall immediately cease and desist from all use of this Site and the Services.
Sections 10 – 18 will survive any termination or expiry of these Terms of Use.
17. NOTICE
If you need to contact us regarding this Site, the Services or these Terms of Use, please email us [email protected] You can also contact us via mail addressed to:
Toba Centre for Children and Youth Inc.
225 Portage Avenue
Winnipeg, MB R3B 2A6
18. YOUR COMMENTS
Feel free to email your comments, suggestions and feedback (“Comments”) to TOBA CENTRE FOR CHILDREN & YOUTH at the email addresses provided in this Site or the Services. However, the Internet is not a fully secure medium and any communication may be lost, intercepted or altered. TOBA CENTRE FOR CHILDREN & YOUTH is not liable for any damages related to communications to or from this Site or the Services. You agree with respect to any Comments provided by you to us, via email or otherwise, that: (i) TOBA CENTRE FOR CHILDREN & YOUTH has no obligation concerning such Comments; (ii) such Comments are non-confidential; (iii) TOBA CENTRE FOR CHILDREN & YOUTH may use, disclose, distribute or copy such Comments and use any ideas, concepts or know-how contained in such Comments for any purpose and without restriction or obligation to you (or any third party); and (iv) such Comments are truthful, do not violate the legal rights of others, and are not the property of others.
19. EVENTS, DRAWS, CONTESTS AND GAMES
Any events, draws, contests or games that are accessible through this Site or the Services are governed by specific rules. By entering such sweepstakes or contests or participating in such games, you will become subject to those rules. We urge you to read the applicable rules as they apply from time to time, which will be linked from the particular activity.
20. MISCELLANEOUS
These Terms of Use is governed by and construed in accordance with the laws of the Province of Manitoba, Canada, without regards to its principles of conflicts of law. Subject to the obligation to arbitrate below, you agree to the exclusive personal jurisdiction of the courts located in Winnipeg, Manitoba, Canada, and waive any jurisdictional, venue, or inconvenient forum objections to such courts.
Except where prohibited by applicable law, any controversy, claim or dispute arising out of or relating to these Terms of Use, the Site or the Services or the relationship which results from these Terms of Use, including without limitation, the performance, breach, enforcement, existence or validity of the matters provided for in these Terms of Use or your receipt and use of the Site or Services, which cannot be amicably resolved, (collectively, a “Claim”), will be referred to and finally settled (to the exclusion of the courts) by private and confidential binding arbitration before a single arbitrator held in Winnipeg, Manitoba in English. Except where prohibited by applicable law, you agree to: (i) waive any right you may have to commence or participate in any class action against TOBA CENTRE FOR CHILDREN & YOUTH relating to any Claim; (ii) opt out of any class proceedings against TOBA CENTRE FOR CHILDREN & YOUTH; and (iii) waive, to the fullest extent permitted by law, any right of appeal. Notwithstanding the foregoing, TOBA CENTRE FOR CHILDREN & YOUTH reserves the right to pursue the protection of intellectual property rights and confidential information through injunctive or other equitable relief through the courts.
If any provision of these Terms of Use is found to be unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from these Terms of Use and shall not affect the validity and enforceability of any remaining provisions. These Terms of Use (which incorporate by reference our Privacy Policy) set out the entire agreement between us relating to the subject matter herein and supersede and any all prior or contemporaneous written or oral agreements between us. These Terms of Use are not assignable, transferable or sub-licensable by you except with TOBA CENTRE FOR CHILDREN & YOUTH’s prior written consent. No waiver by either party of any breach or default hereunder shall be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained in these Terms of Use is inserted only as a matter of convenience and in no way defines or explains any section or provision h