Terms and Conditions for a Website - Template Form Pro · EN-CA-law
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TERMS AND CONDITIONS OF USE OF
________
Last revised: ________
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY BEFORE ACCESSING OR USING THIS WEBSITE. BY ACCESSING OR USING THIS WEBSITE YOU AGREE TO BE LEGALLY BOUND BY THESE TERMS AND CONDITIONS. IF YOU DO NOT AGREE, YOU MUST NOT ACCESS OR USE THIS WEBSITE.
These Terms and Conditions (the "Terms") govern and apply to your access to and use of, or reliance upon, the website located at ________ (the "Website"), which is owned and operated by ________, a corporation incorporated under the laws of ________ and having its registered office at ________ (the "Company", "we", "us" or "our").
Your access to or use of the Website confirms that you have read, understood and agree to be bound by these Terms and by all applicable laws, statutes and regulations. We may amend these Terms at any time in accordance with §17. Your continued use of the Website after any amendment constitutes your acceptance of the amended Terms.
§1. DEFINITIONS AND INTERPRETATION
In these Terms, capitalized terms have the meanings given to them where first defined. References to a statute include all regulations made under it and all amendments to or replacements of it from time to time. The headings are for convenience only and do not affect interpretation. Words importing the singular include the plural and vice versa.
§2. AGE RESTRICTION
You must be at least ________ years of age, or the age of majority in your province or territory of residence (whichever is greater), to access or use this Website or any services contained herein. Your access to or use of this Website constitutes your representation and warranty that you meet this age requirement and, where you are using the Website on behalf of a person who has not reached the age of majority, that you are their parent or legal guardian and consent on their behalf. We assume no responsibility or liability for any misrepresentation of your age.
§3. INTELLECTUAL PROPERTY
All intellectual property on the Website (except for User Generated Content, as defined in §5) is owned by us or our licensors, including materials protected by the Copyright Act (Canada), the Trademarks Act (Canada), the Patent Act (Canada), the Industrial Design Act (Canada) and other applicable laws. All trademarks, service marks, trade names and logos are owned, registered and/or licensed by us. All content on the Website (except for User Generated Content), including without limitation text, software, code, designs, graphics, photographs, sounds, music, videos, applications, interactive features and all other content, is a collective work under Canadian and other copyright laws and is the proprietary property of the Company. All rights reserved.
§4. USE OF COMPANY MATERIALS
We may provide you with certain information as a result of your use of the Website, including without limitation documentation, data or information developed by us, and other materials which may assist in the use of the Website or services ("Company Materials"). The Company Materials may not be used for any purpose other than your use of this Website and the services offered on the Website. Nothing in these Terms may be interpreted as granting any licence of intellectual property rights to you, whether by implication, estoppel or otherwise.
§5. USER GENERATED CONTENT
"User Generated Content" means communications, materials, information, data, opinions, photographs, profiles, messages, notes, website links, text, music, videos, designs, graphics, sounds and any other content that you and/or other Website users post or otherwise make available on or through the Website, except to the extent the content is owned by us.
By submitting User Generated Content, you grant us a non-exclusive, royalty-free, worldwide, perpetual, irrevocable, transferable and sub-licensable licence to use, reproduce, modify, adapt, publish, translate, distribute and display such content in connection with the operation and promotion of the Website. You represent and warrant that you own or have all necessary rights to the User Generated Content you submit and that it does not infringe the rights of any third party or violate any applicable law.
§6. ACCOUNT AND ACCOUNT USE
If your use of the Website requires an account identifying you as a user of the Website (an "Account"):
a) you are solely responsible for your Account and the maintenance, confidentiality and security of your Account and all passwords related to your Account, and any and all activities that occur under your Account, including all activities of any persons who gain access to your Account with or without your permission;
b) you agree to immediately notify us of any unauthorized use of your Account, any service provided through your Account or any password related to your Account, or any other breach of security with respect to your Account or any service provided through it, and you agree to provide assistance to us, as requested, to stop or remedy any breach of security related to your Account; and
c) you agree to provide true, current, accurate and complete information as requested by us from time to time and you agree to promptly notify us of any changes to this information as required to keep such information held by us current, complete and accurate.
§7. PAYMENT
When you make a purchase on the Website, you agree to provide a valid payment instrument. Please review the details of each transaction carefully, as your total price may include taxes (including applicable GST/HST and provincial sales taxes), fees, and shipping costs, all of which you are responsible for paying. All prices are stated in ________ unless otherwise indicated.
When you provide a payment instrument to us, you confirm that you are permitted to use that payment instrument. When you make a payment, you authorize us (and our designated payment processor) to charge the full amount of the payment instrument you designate for the transaction. You also authorize us to collect and store that payment instrument, along with other related transaction information, subject to §11.
If you pay by credit or debit card, we may obtain a pre-authorization from the issuer of the card for an amount as high as the full price. If you cancel a transaction before completion, this pre-authorization may result in those funds not otherwise being immediately available to you.
We may cancel any transaction if we believe the transaction violates these Terms, or if we believe in doing so we may prevent financial loss. In order to prevent financial loss to you or to us, we may contact your payment instrument issuer, law enforcement or affected third parties (including other users) and share details of any payments you are associated with, if we believe doing so may prevent financial loss or a violation of law.
§8. SALE OF GOODS AND SERVICES; CONSUMER PROTECTION
We may sell goods or services, or allow third parties to sell goods or services, on the Website. We undertake to be as accurate as possible with all information regarding the goods and services, including product descriptions and images. However, we do not guarantee the accuracy or reliability of any product information and you acknowledge and agree that you purchase such products at your own risk.
Nothing in these Terms limits or excludes any rights, warranties, guarantees or remedies that you may have under applicable consumer protection legislation, including the consumer protection statutes of your province or territory of residence, the Sale of Goods Act of the applicable province, and the Competition Act (Canada), where such rights cannot lawfully be excluded or limited.
§9. SHIPPING, DELIVERY AND RETURN POLICY
Our return, refund and cancellation policy is as follows: ________.
For any questions, concerns or disputes, you agree to contact us in a timely manner at:
________
§10. AFFILIATE MARKETING & ADVERTISING
We, through the Website and its services, may engage in affiliate marketing whereby we receive a commission on or percentage of the sale of goods or services on or through the Website. We may also accept advertising and sponsorships from commercial businesses or receive other forms of advertising compensation. We will disclose such relationships where required by applicable law, including the Competition Act (Canada).
§11. PRIVACY AND PROTECTION OF PERSONAL INFORMATION
We collect, use and disclose personal information in accordance with the Personal Information Protection and Electronic Documents Act (Canada) and any applicable provincial privacy legislation. Through your use of the Website, you may provide us with certain personal information. By using the Website, you consent to our collection, use and disclosure of your personal information as described in our Privacy Policy and these Terms, including the transfer and storage of such information in Canada and any other country where we or our service providers may operate.
When you register for an account, you provide us with a valid email address and may provide additional information, such as your name and/or billing information. Depending on how you use our Website, we may also receive information from external applications you use to access our Website, or through various web technologies such as cookies, log files, clear gifs and web beacons.
We use the information gathered from you to provide and improve your experience on our Website, including through email communication, and for marketing and analytics, for which we may work with third-party providers. You may withdraw your consent to certain uses, subject to legal or contractual restrictions and reasonable notice, by contacting us at the address in §9. You may disable cookies in your web browser; however, we will still receive information you have provided, such as your email address.
If you choose to terminate your account, we will retain information about you only for as long as reasonably necessary or as required by applicable federal and provincial laws, after which it will be securely deleted or anonymized. Our complete privacy practices are set out in our Privacy Policy, available on the Website.
§12. ANTI-SPAM (CASL)
We send commercial electronic messages only in compliance with Canada's Anti-Spam Legislation (S.C. 2010, c. 23) ("CASL"). By providing your electronic address and using the Website, you consent to receive commercial electronic messages from us, and you may unsubscribe at any time using the unsubscribe mechanism provided in each message. You are prohibited from using our Website or any of its services for illegal spam activities, including gathering email addresses and personal information from others or sending any mass commercial emails. We reserve the right to terminate your access to the Website, in whole or in part, if we suspect you have engaged in any such activity, with or without notice to you.
§13. ACCEPTABLE USE
You agree not to use the Website for any unlawful purpose, or any purpose prohibited under this clause. You agree not to use the Website in any way that could damage the Website, the services or the general business of ________. You further agree not to use and/or access the Website:
a) to harass, abuse or threaten others or otherwise violate any person's legal rights;
b) to violate any intellectual property rights of us or any third party;
c) to upload or otherwise disseminate any computer viruses or other software that may damage the property of another;
d) to perpetrate any fraud;
e) to engage in or create any unlawful gambling, sweepstakes or pyramid scheme;
f) to publish or distribute any obscene or defamatory material;
g) to publish or distribute any material that incites violence, hatred or discrimination towards any group; or
h) to unlawfully gather information about others.
§14. REVERSE ENGINEERING & SECURITY
You may not undertake any of the following actions:
a) reverse engineer, or attempt to reverse engineer or disassemble, any code or software from or on the Website; or
b) violate the security of the Website through any unauthorized access, circumvention of encryption or other security tools, data mining or interference to any host, user or network.
You acknowledge that unauthorized access to the Website may constitute an offence under the Criminal Code (Canada).
§15. THIRD-PARTY LINKS & CONTENT
We may occasionally post links to third-party websites or other services. You agree that we are not responsible or liable for any loss or damage caused as a result of your use of any third-party services linked to from our Website. Your use of any such third-party websites or services is governed by the terms and conditions and privacy policies of those third parties, and we make no representations or warranties with respect to such third-party content.
§16. DATA LOSS
To the fullest extent permitted by law, we are not responsible for the security of your Account or content. Your use of the Website is at your own risk, and you are responsible for maintaining your own backups of any content you submit.
§17. MODIFICATION & VARIATION
We may, from time to time and at any time, modify these Terms, either in whole or in part. Such modifications will become effective immediately upon being posted to the Website. Your continued use of the Website after any such modifications constitutes your acceptance of the revised Terms. We may also, in our sole discretion, modify, suspend or discontinue the Website or any of its services at any time, without notice or liability to you, subject to any non-waivable rights you may have under applicable law.
§18. SERVICE INTERRUPTIONS
We may need to interrupt your access to the Website to perform maintenance or emergency services on a scheduled or unscheduled basis. You agree that your access to the Website may be affected by unanticipated or unscheduled downtime, for any reason, but that we will have no liability for any damage or loss caused as a result of such downtime, to the fullest extent permitted by law.
§19. TERMINATION OF ACCOUNT
We may, in our sole discretion, suspend, restrict or terminate your Account and your use of the Website, effective at any time, without notice to you, for any reason, including because the operation or efficiency of the Website or our or any third party's equipment or network is impaired by your use of the Website, any amount is past due from you to us, we have received a third-party complaint relating to your use or misuse of the Website, or you have been or are in breach of any term of these Terms. We will have no responsibility to notify any third party, including any third-party providers of services, merchandise or information, of any suspension, restriction or termination of your access to the Website.
§20. INDEMNIFICATION
You agree to defend, indemnify and hold harmless ________ and its affiliates, directors, officers, employees and agents against any and all legal claims and demands, including reasonable legal fees, which may arise from or relate to your use or misuse of the Website, your breach of these Terms, or your conduct or actions. We reserve the right to select our own legal counsel and to participate in our own defence, if we wish to do so.
§21. NO WARRANTIES
§22. PRIVACY OF ELECTRONIC COMMUNICATIONS
Internet communications are subject to interception, loss or alteration and, as a consequence, you acknowledge that information or data you provide by electronic means by accessing or using this Website are not confidential or exclusive, except to the extent required by applicable laws, and that communications by email may be intercepted, altered or lost. For more information, please refer to our Privacy Policy, available on the Website.
§23. LIMITATION OF LIABILITY
To the fullest extent permitted by law, we are not liable for any damages that may occur to you as a result of your use of the Website. The maximum aggregate liability of ________ arising from or relating to your use of the Website is limited to the greater of one hundred Canadian Dollars (CAD $100) or the amount you paid to ________ in the six (6) months preceding the event giving rise to the claim. This applies to any and all claims by you, including without limitation lost profits or revenues, indirect, incidental, consequential, special, exemplary or punitive damages, and claims based in contract, negligence, strict liability, fraud or tort of any kind. Nothing in these Terms excludes or limits liability that cannot lawfully be excluded or limited, including liability for fraud or for death or personal injury caused by negligence.
§24. DISPUTE RESOLUTION
The parties will attempt in good faith to resolve any dispute arising out of or relating to these Terms through negotiation. Any dispute not so resolved may, at the election of either party and subject to any non-waivable rights you may have under applicable consumer protection legislation, be referred to and finally resolved by arbitration administered by a single arbitrator in ________, in accordance with the arbitration legislation of the Governing Province, failing which the courts referred to in §25 shall have jurisdiction.
§25. GOVERNING LAW AND JURISDICTION
These Terms and any dispute or claim arising out of or in connection with them or their subject matter are governed by and construed in accordance with the laws of the Province of ________ and the federal laws of Canada applicable therein (the "Governing Province"). Subject to §24, you irrevocably attorn to the exclusive jurisdiction of the courts of the Province of ________ located at ________.
§26. LANGUAGE
The parties have requested that these Terms and all related documents be drawn up in the English language. Les parties ont exigé que la présente entente et tous les documents connexes soient rédigés en langue anglaise.
§27. GENERAL PROVISIONS
a) Entire Agreement. These Terms, together with our Privacy Policy and any other policies referenced herein, constitute the entire agreement between you and us with respect to the Website and supersede all prior agreements and understandings.
b) Severability. If any provision of these Terms is held to be invalid, illegal or unenforceable, the remaining provisions will continue in full force and effect, and the invalid provision will be modified to the minimum extent necessary to make it valid and enforceable.
c) No Waiver. Our failure to enforce any provision of these Terms will not constitute a waiver of that or any other provision.
d) Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms at any time without notice.
e) Survival. The provisions which by their nature should survive termination, including §3, §11, §16, §20, §21, §23, §24 and §25, will survive termination of these Terms.
f) Notices. Notices to us must be sent to ________. Notices to you may be sent to the email or address associated with your Account.
§28. CONTACT INFORMATION
If you have any questions regarding these Terms, please contact us at:
________
________
________
________
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