VOLUNTEER SUCCESS
Terms of Use
Last modified: 2024 03 25
Effective date: 2024 03 25
IF YOU ARE UNDER THE AGE OF
18 (OR THE AGE MAJORITY IN YOUR JURISDICTION) (“MINOR”) YOU MUST SEEK
PARENTAL/GUARDIAN CONSENT TO ACCESS AND USE THIS WEBSITE AND PRODUCT. YOUR PARENT OR GUARDIAN MAY BE RESPONSIBLE
AND LIABLE FOR YOUR USE OF THE WEBSITE AND PRODUCT AND SHALL BE
REQUIRED TO PROVIDE THEIR CONTACT INFORMATION TO BE INCLUDED IN YOUR USER
PROFILE. IT IS IMPORTANT TO INFORM YOUR
PARENT AND/OR GUARDIAN THAT YOU ARE USING THIS WEBSITE. AS THE PARENT OR
GUARDIAN, BY USE OF THE PRODUCT, YOU HEREBY ARE PROVIDING YOUR EXPRESS AND MEANINGFUL
CONSENT FOR THE USE AND DISCLOSURE OF THE MINOR'S PERSONAL INFORMATION IN
ACCORDANCE WITH THIS PRIVACY POLICY.
1. BACKGROUND
Terms" or "Terms of Use") govern your access of
the Volunteer Success website, whether accessed: (a) on a computer connected to
the internet at www.volunteersuccess.com (the "Website"); (b) on
Volunteer Success social media properties; or (c) by mobile device
(individually and collectively, (a), (b), and (c) are the "Product"), as owned and operated by Volunteer Success ("Volunteer
Success") a company located at 80 Centre Street, Thornhill, Ontario, Canada L4J
1E9 (also referred to in these Terms as "we",
"us" or the "Company"). These Terms govern the use of all persons using the
Product, including without limitation, the account manager or organization or
other entity who registers an account on the Product (the "Account Manager"), all additional managers, individuals and
volunteers (collectively, along with the Account Manager, "You" or the "User"), who
have registered for the use of the Product, and are binding on any use of the
Product, and apply to You from the time that You access the Product. For
clarification, "You" includes terms such as "you" "your" and "yourself".
2. APPROVAL OF THE TERMS
It is important that You
read these Terms carefully. If You do not agree to these Terms, please do not
use the Product or browse the Website. By accessing or
using the Product, You represent, warrant and signify that (a) If You are under
the age of 18 (the "Minor"), You represent, warrant and signify that Your parent/guardian
(also referred to as "You") has approved and consented to Your use of the
Product and agrees to be bound by these Terms on your behalf as they may be
amended from time to time; (b) If You are the parent/guardian of a person under
the age of 18, you represent, warrant and signify that you will be fully
responsible for the Minor's compliance with these Terms. Terms, use of the Product and
all involvement with any volunteer opportunity; (c) You have read, understood
and agree to be bound by these Terms as they may be amended from time to time;
and (d) You have read and
understand our Privacy Policy, which can be accessed at https://www.volunteersuccess.com/privacy-policy
(the "Privacy Policy"),
the terms of which are incorporated herein by reference, and agree to abide by
the Privacy Policy.
If You are under the age
of 18, You must seek the permission of Your parents/guardians before posting or
creating a volunteer profile including permission for any video or photos you
choose to attach to Your story or profile.
By creating an
organizational profile, You represent and warrant that
You are an authorized representative of the organization and that the
organization is a corporation, or is a registered non-profit or charitable
organization or association with a license to operate within the organization's
jurisdiction of domicile. If You are not an authorized representative, You may not create an organizational profile on the Product.
If the organization is not a corporation, or a registered non-profit or
charity, You may not create an organizational profile
on the Product.
You may not use the
Product nor accept these Terms if you are not of a legal age to form a binding
contract with us. If You accept these Terms, You
represent that You have the capacity to be bound by them, or if You are acting
on behalf of a company, organization or other entity, that You have the
authority to bind such company or entity (and in which case "You" will refer to the company or
entity).
3. AMENDMENT
We may add, discontinue or revise these Terms or any aspect, mode,
design, or service provided under the Product, which include but are not
limited to the:
(a)
scope of the features;
(b)
timing of the features;
(c)
software/hardware required for access to the Product; and
(d)
geographic locations or jurisdictions in which certain features may be
available.
We may amend the Terms
without notice for non-material amendments. In the event of a material change,
we will provide the Account Manager with thirty (30) days' notice
of a material change in the Terms and conditions (including changes in pricing,
if any) via e-mail to the e-mail address supplied to us by the Account Manager,
setting out:
(a)
the new or amended agreement terms;
(b)
how such terms read formerly;
(c)
the date of the coming into force of the amendment;
(d)
the means in which You can respond and the effects of not responding;
(e)
the option to either terminate the agreement or retain the existing
agreement unchanged; and
(f)
the language of this provision with reference to the applicable
consumer protection legislation rules for amending these terms and making any
additional requirements for amendments as prescribed by law (if any).
It is the Account
Manager's responsibility to send such notices of material changes to all Users
associated with the Account Manager's account. We highly recommend that Users
read any amendments carefully. Unless explicit consent is required by the law,
we have the right to assume that You have accepted the change to the terms and
conditions, unless You notify us to the contrary, no later than thirty (30)
days after the amendment comes into force, that You desire to cancel the
contract or deregister or unsubscribe from access to the Product.
We will post the most
current Terms on the Website and your use of the Product will be subject to the
most current Terms as posted on the Website at such time. It is your
responsibility to visit this page to find any updates that may have been made
to the Terms. You hereby agree that Volunteer Success shall not be liable to You, your employee, or any other third
party for any amendments to the Terms of Use.
4. TERMINATION
These Terms are effective
on the date that You access the Product and will continue to apply until our
relationship with You is terminated.
We may terminate our relationship
with You immediately at any time and for any reason including, but not limited
to, a breach of these Terms under the following circumstances:
(a)
if You have not adhered to any or all the provisions of the Terms
(such as a failure to pay fees when due) or if it appears that You do not
intend to or are unable to comply with the Terms, such determination to be made
solely at our discretion;
(b)
if we have changed our Terms or Privacy Policy and have not received
your required consent, subject to the amendment provision in this Agreement;
(c)
if we are required to terminate the relationship by law;
(d)
if we determine in our discretion that false information has been
posted to the Product;
(e)
if we receive any notice of your misuse of the Product;
(f)
if the provision of the Product is no longer commercially viable for us;
(g)
if You are not of the age of majority within Your jurisdiction and/or
Your parent has not consented to the access and use of this Product.
Upon termination of our
relationship, we will immediately revoke Your license to use the Product and
block all access to your account and may delete all data and information
associated with Your account within one (1) day after such termination. If You
do not log into your account for twelve (12) or more months, we may
deactivate your account. You may request by email to have your account reactivated.
5. USE OF THE PRODUCT
In
order to use https://www.volunteersuccess.com, You understand and agree that an employee or representative of Your
organization may register You for a manager account. Upon registration, the Account
Manager may set up additional accounts on the registered account for managers,
representatives, and volunteers.
Registration Information: You agree and understand that You are
responsible for maintaining the confidentiality of your password, which,
together with your name and e-mail address
("User ID"), allows You to
access the Product. The User ID and password, together with any other contact
information You provide us at the time of signing up for the Product form Your
"Registration Information." You agree that all Registration Information
provided to us will be accurate and up-to-date. You
agree to keep Your password secure. We will not be liable if we are unable to
retrieve or reset a lost password. If
You become aware of any unauthorized use of your password or account, You agree to notify us via e-mail at termsofuse@volunteersuccess.com as soon as possible.
Accounts: You may
create or use additional accounts for the purpose of logging into the secured
account as a manager, representative or volunteer, as applicable to Your role
in the managed account.
Permitted Uses: You agree to use the Product
only for purposes that are permitted, both by the Terms and by any applicable
law, regulation, or generally accepted practices or guidelines, in relevant
local, national, and international jurisdictions. You agree to adhere to any
applicable privacy of personal information laws and regulations, including as
outlined in the Personal Information
Protection and Electronic Documents Act, SC 2000, c 5.
Unauthorized Access: You agree to only access (or try to access)
and use the Product through interfaces provided by us. You shall not access (or
try to access) and use the Product through any automated means, including, but
not limited to, scrapers, scripts, robots, or web crawlers. You agree not to
use or attempt to use another User's account. You agree not to impersonate any
person or entity, or falsely state or otherwise misrepresent yourself, your
personal information, or your affiliations with any person or entity.
Prohibited Uses: You may use our Website, services, and
products only for lawful purposes. You may not use our Website,
services, or products in any manner that:
(a)
breaches any applicable local, national or international law or regulation;
(b)
may in any way be considered harassment to another person or entity;
(c)
may in any way, is unlawful or fraudulent, or has any unlawful or
fraudulent purpose
or effect;
(d) may in any way damage, disable, overburden, and/or impair the Product server, or any network connected to the Product server, and/or interfere with any other party's use or enjoyment of the Product;
(e) is in any way abusive, defamatory, misleading, fraudulent, pornographic or otherwise explicit in nature or written in bad faith;
(f) uses the Product or its content for commercial or philanthropic prospection purposes (including to post or send commercial electronic messages or SPAM); interferes with the security of, or otherwise abuses, the Product or any services, system resources, accounts, servers or networks connected to or accessible through the Product or affiliated or linked websites;
(g) harms or attempts to harm minors in any way;
(h) attempts to obtain the personal information of others;
(i) will reproduce, duplicate, copy, sell, resell or exploit any portion of the Product; or
(j) will abuse either verbally, physically, written or other abuse (including threats of abuse or retribution) of any Product customers, employees, volunteers, members, or officers;
and any of the foregoing
will result in immediate account termination.
You represent and warrant
that You will not use the Product to upload, post, link to, email, transmit, or
otherwise make available any material that contains software viruses
or any other computer code, files or programs designed to interrupt, destroy,
or limit the functionality of any computer software or hardware or any
telecommunications equipment. Nor will You post or distribute any computer
program that damages, detrimentally interferes with, surreptitiously
intercepts, or expropriates any system, data, or personal information. You
further represent and warrant that You will not disrupt the functioning of the
Website, in any manner.
Moderation: You
understand and agree that although Volunteer Success is not required to moderate your use of the Product, it may in its
sole judgment review and delete any content in whole or in part, for any reason
whatsoever, which without limitation, violate these Terms or which might be
offensive, illegal, or that might violate the rights, harm, or threaten the
safety of others.
User Responsibility: You agree that You are solely responsible for
any breach of your obligations under the Terms and for the consequences of any
such breach. We have no responsibility to you or to any third party for such
breaches or the consequences of such breaches (including losses or damage that
we may incur).
You understand that when
using the Product, You may come across material that
You find objectionable, offensive or indecent and agree that You are using the
Product at your own risk.
You understand that You
are solely responsible for any decision to volunteer with an organization or
other person associated with the Product, and You are solely responsible for
determining whether to volunteer with such organization or another person.
Volunteer Success is not responsible for the safety or suitability of a
volunteer opportunity or program associated with the Product. Listing of an
organization or other person or creation of an organization profile (or a
profile for another person) on the Product does not constitute an endorsement,
warranty, or guarantee of that organization or other person by Volunteer
Success.
The creation of a
volunteer profile on the Product does not guarantee Your acceptance as a
volunteer with any organization or other person associated with the Product.
Organizations and other
persons are responsible to conduct background and security checks on any
prospective volunteers. The creation of a volunteer profile on the Product does
not constitute an endorsement, warranty, or guarantee of that prospective
volunteer by Volunteer Success.
Linking:
If you would like to link to the Product, we
request that you:
(a)
Inform us that you are creating a link by sending a message to report@volunteersuccess.com. Please indicate the URL of the page where the
link will be placed.
(b)
Link to the Product home page instead of specific pages within the
Product.
While Volunteer Success encourages links to the Product, it does not
wish to be linked to or from any third-party website which contains, posts or
transmits any unlawful information of any kind, including, without limitation,
any content i) that constitutes or encourages conduct
that would constitute a criminal offence, give rise to civil liability or
otherwise violate any local, state, provincial, national or international law
or regulation; ii) that may be damaging or detrimental to the activities,
operations, credibility or integrity of Volunteer Success; or iii) that
contains, posts or transmits any information, software or other material which
violates or infringes upon the rights of others, including material which is an
invasion of privacy or publicity rights, or which is protected by copyright,
trademark or other proprietary rights.
Volunteer Success reserves the right to
prohibit or refuse to accept any link to the Product, including, without
limitation, any link which contains or makes available any content or
information of the foregoing nature, at any time. You agree to remove any link
you may have to the Product upon the request of Volunteer Success.
The framing, mirroring of the Product or any
of its content in any form and by any method is strictly prohibited and deep
linking is discouraged. You may not cause any advertisement including any
pop-up or banner advertisement to appear at, or on, or after exiting, the
Product. You may not post links to other websites on the Product.
Technical Requirements: The
use of the Product requires Internet access through your computer. You may be
required to have access to a computer, tablet or phone equipped with a web
browser and that is connected to an internet network to use the Product, and
some features of the Product may not be accessible with such technologies
disabled. You agree that any and all costs or expenses
associated with Your internet service provider shall solely be Your
responsibility.
PRIVACY
Your privacy is very
important to us. Please review our Privacy Policy https://www.volunteersuccess.com/privacy-policy. Our Privacy Policy applies to the collection, use, disclosure,
retention, protection and accuracy of Your personal information and business
financial information collected for the purposes of the features offered
through the Product.
THIRD PARTY LINKS
The Product may link to
third-party websites or resources. Such links are provided as a convenience to
You only and do not imply an endorsement, warranty or guarantee by us of any
such linked Website or the company it purports to
represent. We do not assume any responsibility or liability for their
availability, accuracy, the related content, products
or services. You are solely responsible for use of any such websites or
resources and compliance with their policies. Should You elect to enter into a
binding contract with any such website, You agree to hold us harmless and
hereby release us from any liability whatsoever, whether arising out of
contract, tort or otherwise, for any liability, claim, injury, loss or damage
suffered as a result of your actions or the actions of any user associated with
your account, offering to accept or having accepted any products or services
that are available from those sites.
6. RIGHT TO REFUSE SERVICE
Volunteer Success is a registered charity in Canada with the purpose to promote and strengthen volunteerism for the benefit of the community-at-large. We do this by:
(1) providing a means and method for organizations to recruit volunteers;
(2) increasing the public’s participation in and support for volunteerism and the voluntary sector; and
(3) providing resources on volunteering and educational programs to the public, with an aim to foster good citizenship and encourage healthy communities.
Our focus is to promote volunteering opportunities that are for the good of all and are non-political in an environment of peace and harmony for all. As such, we reserve the right to refuse any user from joining and/or using our platform and services if their purpose, their actions, or anything they imply, is in any way at the detriment or at the exclusion of others. This includes, but is not limited to, if a user exhibits in any way discrimination on the basis of race, colour, religion, nationality and national origin, disability, gender and sex, and sexual orientation. All volunteering opportunities on the Volunteer Success platform must be for the betterment of society as a whole and may not be at the expense of others. As such, any and all content that incites hate or violence in any way, as determined by Volunteer Success, will be removed from the platform.
Volunteer Success reserves the right to remove any user from our platform, including any content related to that user, if that user has exhibited written or oral communication perceived to disparage a person or group of people based on their social or ethnic group, and/or exhibits any public incitement of hatred that is perceived as a danger of inciting violence or prejudicial action against such groups. This includes, but is not limited to:
(1) Every one who, by communicating statements in any public place, incites hatred against any identifiable group where such incitement is likely to lead to a breach of the peace.
(2) Every one who, by communicating statements, other than in private conversation, wilfully promotes hatred against any identifiable group.
(3) Every one who advocates or promotes genocide.
Definitions for the purpose of clarification: “Statements” includes words spoken or written or recorded electronically or electro-magnetically or otherwise, and gestures, signs or other visible representations.
“Genocide” means any of the following acts committed with intent to destroy in whole or in part any identifiable group, namely,
(a) killing members of the group; or
(b) deliberately inflicting on the group conditions of life calculated to bring about its physical destruction.
“Identifiable group” is defined as any section of the public distinguished by colour, race, religion, ethnic origin or sexual orientation.
INTELLECTUAL PROPERTY AND RIGHTS
Rights to content provided by us: You acknowledge and understand that we own all rights, title and
interest in: (a) the Product and any associated data files; and (b) all
computer software; advertisements; sponsored content; and intellectual property
associated with the Product (all such information, individually and
collectively, being the "Product Content"),
which You may have access to when using the Product.
Except as set forth in
the Agreement, all rights not expressly granted to You are reserved. You agree
not to decipher, decompile, disassemble, reconstruct, translate, reverse
engineer, or discover any of the intellectual property or ideas, algorithms,
file formats, programming, or interoperability interfaces underlying the
Product. You may not modify, rent, lease, loan, sell, distribute
or create any derivative products or services (or parts of services products or
services) based on the Product Content that You do not own or to which You have
rights, or to create derivative works based on the Product. You may not infringe
upon our intellectual property or adapt, reproduce, publish
or distribute copies of any information or material found on the Product in any
form (including by e-mail or other electronic means), without our prior written
consent.
You are not required to
provide Volunteer Success with any comments, suggestions, recommendations, requests or any other feedback ("Feedback"). In the event that you do
provide Volunteer Success with Feedback, Volunteer Success may use such
feedback to improve the Product or for any other purpose. Furthermore,
Volunteer Success shall own such Feedback and Volunteer Success and its
affiliates, licensees, clients, partners, third-party providers and other
authorized entitled may use, license, distribute, reproduce
and commercialize the Feedback, and You hereby assign, irrevocably, exclusively
and on a royalty-free basis, all such Feedback to Volunteer Success.
Limited license: We grant You a non-exclusive,
non-transferable, revocable, limited license to use the Product in accordance
with these Terms.
The Company may, now or
in the future, own rights to trade-marks, trade names,
services marks, logos, domain names and other distinctive brand features which
we use in connection with the operation of the Product (each such feature being
a "Brand Right" and collectively
being the "Brand Rights"). We do not
grant you any right or license to use any Brand Right other than as expressly
set out in these Terms and in other licenses between You and us.
Rights to content provided by you: Volunteer Success does not
retain any right, title and interest to the information provided, inputted or uploaded to the Product ("User Data"). You understand and agree that the ownership of User
Data shall be decided amongst Yourself and Your employer, or the organization
with which You are associated, if applicable, and that Your User Data may be
available to Your employer/the organization even after the termination of Your
account with the Product. You agree that You will defend, indemnify and hold harmless us and our officers, directors,
shareholders, employees, agents and representatives, from and against any and
all claims, damages, judgments, liability, costs and expenses (including
without limitation any reasonable legal fees), in whole or in part arising out
of or attributable to the ownership of User Data.
You also understand that in order for us to operate the Product, User Data may be
transmitted by You or us over various public networks and in various media in
compliance with our security protocols and we may make changes to User Data to
meet the technological requirements of such networks and media. You are
responsible for ensuring that User Data is protected and Your rights in User
Data are enforced; we have no responsibility to protect or enforce your rights
on Your behalf with respect to User Data.
You grant us the rights to use Your User Data as set forth below. By submitting or authorizing us to display Your User Data, you hereby grant to us a worldwide, unrestricted, irrevocable, perpetual, non-exclusive, fully-paid, and royalty-free license (with the right to sublicense through unlimited levels of sublicenses) to use, reproduce, copy, process, modify, publish, translate, transmit, perform, display, create derivative works of, adapt, and distribute Your User Data in any and all media (now known or later developed) throughout the world and display your name, images, likeness, voice, video, company/organization name, company/organization contact information, logo, and any such other User Data that you submit, link, or otherwise make available through the services, throughout the world in any manner or media, on or off the services including for purposes of promoting our services.
(a)
To the greatest extent permitted by applicable law, you hereby expressly waive any and all of your moral rights applicable to Volunteer Success’ exercise of this license.
(b)
You agree that this license includes the right for us to provide, promote, and improve the services and to make the User Data submitted to or through the services available to other companies, organizations, or individuals for the syndication, broadcast, distribution, promotion, or publication of such User Data on other media and services, subject to our terms and conditions for such User Data use.
(c)
No compensation will be paid with respect to User Data that you submit through the services.
(d)
You should only submit User Data to the services that you are comfortable sharing with others under these Terms.
Please refer to our Privacy Policy for more information on how we share and protect Your User Data.
By submitting ideas, suggestions, documents, feedback, and/or proposals, (collectively, “Submissions”) to Volunteer Success or its employees or agents, you acknowledge and agree that Volunteer Success is entitled to use, disclose, reproduce, license and otherwise distribute, and exploit these Submissions as we see fit, entirely without obligation or restriction of any kind on account of intellectual property rights or otherwise.
DISCLAIMERS
The Product provided as-is: The Product is provided "as-is" without
warranties of any kind, either expressed or implied, including no warranty for
fitness for purpose or merchantability. You acknowledge, agree
and understand that You use the Product at your own risk. We will have no
responsibility for any harm to your computer system, loss or corruption of
data, or other harm that results from your access to or use of the Product.
Downtime: The Product may be temporarily unavailable from time to time for
maintenance or other reasons. We assume no responsibility for any error,
inaccuracy, omission, interruption, deletion, defect, delay in operation or
transmission, communications line failure, theft or destruction or unauthorized
access to, or alteration of, any communications between You and the Product.
No endorsement as to accuracy: We accept no responsibility for the accuracy
of any User Data provided by or created using the Product except as otherwise
set out in these Terms. The provision or storage of User Data through the
Product does not constitute our endorsement or warranty as to the compliance of
such User Data with applicable privacy legislation, nor to the accuracy,
timeliness, materiality, completeness, or reliability of such User Data. You
are responsible for ensuring that the information you have entered
into our system is accurate, reliable and complete.
Ratings and reviews: We
accept no responsibility or liability for any ratings or reviews of an
organization posted to the Product, or any consequences as a
result of the ratings or reviews of an organization, volunteer program,
or individual volunteer, including but not limited to termination of volunteer,
organization or program. Ratings and reviews posted to the Product DO NOT
reflect our views.
Monitoring: We do not
accept any liability for monitoring the Website or for unauthorized or unlawful
content on the Website or use of the Website by users.
No warranty as to non-infringement: Except in the manner provided for in these
Terms, we disclaim, and expressly do not provide any direct or indirect, express or implied representation or warranty as to title
and non-infringement of intellectual property in relation to the Product.
Damage to hardware: Any
material downloaded or otherwise obtained through the use of
our services and products is done at your own discretion and risk, and You will
be solely responsible for any damage to your computer system or other device or
loss of data that results from the download of any such material.
Content provided to companies: If You are an individual providing User Data
that is to be directed to an organization's account, You
agree and acknowledge that we accept no responsibility and are not liable for
any damages that may arise by the organization's use of that User Data. You
further agree and acknowledge that we are not liable for any damages that may
arise if the User Data is misdirected to the wrong organization due to any
reason, including error on your part or a flaw in the Product.
LIMITATION OF LIABILITY
You hereby agree to
release, remise and forever discharge us and our directors, employees,
officers, and our affiliates, partners, service providers, vendors, and
contractors and each of their respective agents, directors, officers,
employees, and all other related persons or entities from any and all manner of
rights, losses, costs, claims, complaints, demands, debts, damages, causes of
action, proceedings, liabilities, obligations, legal fees, costs and
disbursements of any nature whatsoever, and for any special, indirect or
consequential, incidental or exemplary damages (collectively, a "Claim"), whether in contract or tort,
whether known or unknown, which now or hereafter arise from, to the maximum
extent allowed by law, that relate to, or are connected with:
(a)
any indirect, incidental, special, consequential, or exemplary
damages, including but not limited to damages for loss of profits, goodwill,
use data, or other intangible losses;
(b)
Your provision of any personal information provided to us subject to
our legal requirements relating to the protection of personal information;
(c)
communications received to You through Your access to the Product;
(d)
communications sent by You through your access to the Product;
(e)
personal injury or loss, emotional trauma, damage to reputation
related to or incurred in connection with or as a result of You volunteering
with any organization or other person associated with the Product;
(f)
personal injury or loss, emotional trauma, damage to reputation,
related to or incurred in connection with or as a result of acceptance of a
volunteer associated with the Product by any organization or other person
associated with the Product;
(g)
the posting of information on the Product, Website, blog, account or
any affiliated social media, including but not limited to, User
data, Cards, written reviews, pictures, or personal information;
(h)
the use of the Product and any related applications including third
party services;
(i)
the use of any software related to the Product;
(j)
viruses, spyware, service provider failures or internet access interruptions;
(k)
loss of use, loss of data, inaccuracy of data, payment failure,
payment defect, inaccurate calculations, downtime, identity theft, fraud or unauthorized access; or
(l)
any content relating to the use of the Product,
even if You have been advised of the possibility of such Claim, or
such Claim was reasonably foreseeable and notwithstanding the sufficiency or
insufficiency of any remedy provided for herein or in any license.
In the
event that we become liable for any
damages whatsoever, you agree that such damages shall be limited in the
aggregate to the amount of fees or charges which You have paid for the Product
in the previous invoice.
INDEMNIFICATION
To the extent permitted
by applicable laws, You agree that You will defend, indemnify and hold harmless
us and our officers, directors, shareholders, employees, agents and
representatives, from and against any and all damages, judgments, liability,
costs and expenses (including without limitation any reasonable legal fees), in
whole or in part arising out of or attributable to: (a) generally, your breach
of these Terms; Your access to and/or use of the Product; and any loss of, or
damage to, any property, or injury to, or death of, any person (including you)
caused by Your access to and/or use of the Product; and (b) specifically, Your
breach of the intellectual property rights of any third party to these Terms.
You agree that You will
be solely responsible for all activities that occur under your account, whether
You are aware of them or not. You agree to hold us harmless and release us from
any loss or liability whatsoever that You may incur as a result of someone
other than You using your password or account, either
with or without your knowledge. You agree to indemnify us for any damages,
third party claims or liabilities whatsoever that we may incur as a result of activities that occur on or through your
account, whether or not You were directly or personally responsible.
GOVERNING LAW AND FORUM OF DISPUTES
By visiting the Website
or using the Product, You agree that the laws of the
province of Ontario, without regard to the principles of conflict of laws, will
govern these Terms and any dispute of any sort that may arise between You and
us. With respect to any disputes or claims, You agree
not to commence or prosecute any action in connection therewith other than in
the province of Ontario, and You hereby consent to, and waive all defences of lack of personal jurisdiction and forum non-conveniens
with respect to venue and jurisdiction in the provincial courts of Ontario. You
agree to pay reasonable attorneys' fees and court costs incurred by us to
collect any unpaid amounts owed by You.
Expenses: Each party shall be responsible for its own legal fees and other expenses
incurred in connection with the performance of any of its obligations
hereunder.
FORCE MAJEURE
You agree that we are not
liable for a delay or failure in performance of the Product or the provisions
of these Terms caused by reason of any occurrence of unforeseen events beyond
our reasonable control, including but not limited to, acts of God, natural
disasters, power failures, server failures, third party service provider
failures or service interruptions, embargo, labour
disputes, lockouts and strikes, riots, war, floods, insurrections, legislative
changes, and governmental actions.
SEVERABILITY
If any portion of these
Terms is deemed unlawful, void or unenforceable by any
arbitrator or court of competent jurisdiction, these Terms as a whole shall not
be deemed unlawful, void or unenforceable, but only that portion of these Terms
that is unlawful, void or unenforceable shall be stricken from these Terms.
HEADINGS
The insertions of
headings are for convenient reference only and are not to affect the
interpretation of these Terms.
ASSIGNMENT OF AGREEMENT
You may not, without our
prior written consent, assign the Agreement, in whole or in part, either
voluntarily or by operation of law, and any attempt to do so will be a material
default of the Agreement and will be void. We may assign this Agreement to a
third party at any time at our sole discretion. The Agreement will be binding
upon and will insure to the benefit of the respective parties hereto, their
respective successors in interest, legal representatives, heirs
and assigns.
WAIVER
You agree that if we do
not exercise or enforce any legal right or remedy which is contained in these
Terms or which we have the benefit of under any applicable law, this will not
be taken to be a formal waiver of our rights and that those rights or remedies
will still be available to us. Waivers must be in written form and signed by an
authorized representative of the Company.
SURVIVAL OF AGREEMENT
All covenants,
agreements, representations and warranties made in
these Terms shall survive your acceptance of these Terms and the termination of
our relationship.
ENTIRE AGREEMENT
The Agreement will
constitute the entire agreement between us and You with respect to the subject
matter hereof and all prior oral or written agreements, representations
or statements with respect to such subject matter are superseded hereby. In the
event of a conflict between these Terms and the Privacy Policy, the terms and
conditions found herein shall prevail.
CONTACT
By providing us with your
e-mail address, You agree to receive all required
notices electronically, to that e-mail address or by mobile notifications via
the Product. It is your responsibility to update or change that address, as
appropriate.
If You have any questions
or comments regarding these Terms please contact our
head office by email at termsofuse@volunteersuccess.com.
VIOLATIONS
Please report any violations to termsofuse@volunteersuccess.com.