TERMS OF USE


Effective Date: October 21, 2021

ABOUT THE TERMS OF USE

The St. John’s Status of Women Council (the “Council”) (also referred as "us", "we", or "our" in this Policy) operates the webpage located at https://sjwomenscentre.ca/ (the “Website”) to offer services in the areas of domestic violence, feminism, prevention of abuse and related activism, including certain courses hosted on https://sjwomenscentre.thinkific.com/ (together, the "Services").

PLEASE READ THESE TERMS OF USE (the “Terms of Use”) CAREFULLY BEFORE USING THIS WEBSITE. Please refer to the Website to find the most up-to-date version of these Terms of Use and our Privacy Policy. If you have any questions or comments about the Terms of Use, please contact us at [email protected].

The content of our website is intended for an audience of individuals aged 14 and up. By using this website, you agree that the nature of the content may be sensitive. If you require support, please reach out to the resources listed on our website. 

PLEASE NOTE THAT THE INFORMATION PROVIDED ON OUR WEBSITE AND VIA OUR SERVICES IS INTENDED FOR INFORMATIONAL PURPOSES ONLY AND SHOULD NOT BE CONSIDERED AS COUNSELLING OR AS ANY OTHER FORM OF PROFESSIONAL ADVICE, INCLUDING LEGAL ADVICE. YOUR USE OF THE WEBSITE IS AT YOUR OWN RISK. 

  1. YOUR ACCEPTANCE OF TERMS OF USE
  1. By using the Website, you agree to these Terms of Use, which may be changed from time to time, at our sole discretion. The Terms of Use are in addition to our Privacy Policy and any other policies that may govern the Website from time to time. IF YOU DO NOT AGREE TO THESE TERMS OF USE, PLEASE EXIT THIS WEBSITE. IF YOU CONTINUE TO USE THE WEBSITE, WE WILL ASSUME THAT YOU AGREE TO THE TERMS OF USE. 
  2. In these Terms of Use, “you”, “your”, “User” or “Client” means any person using the Website or Services including current or potential customers or any other person reviewing the Website content. If the person is under the age of majority in his/her jurisdiction (a “Minor”) it also includes such person’s parent or legal guardian.
  3. In addition to these Terms of Use, we may ask you to agree to other policies such as our Client Waiver before using some of our Services. 
  4. If any of these Terms of Use are found to be invalid or unenforceable for any reason, that Term shall be deemed to be deleted and shall not affect the validity and enforceability of the rest of the Terms of Use. 
  1. ONLINE COMMUNICATIONS & PROHIBITED CONDUCT
  1. We provide you our Services through the Website as well as other partnering online platforms (such as thinkific.com) and electronic communications such as email. By using our Website and providing your email information, you may also receive promotional offers and materials. You may disable such notifications by clicking on the “unsubscribe” link in our emails.
  2. You agree that you will provide current and accurate information in connection with our Services. You agree to update any account information, including your email address and payment information (if applicable), so that Services can be provided and we may contact you as needed.
  3. We reserve the right to refuse any request for the Services. We also reserve the right to to limit or cancel the Services, if we believe it is appropriate to do so. For example, we may cancel or refuse Services where there is any action that:
  1. appears to be illegal, fraudulent, abusive, harassing or in any way inappropriate;
  2. is being made by a minor without parental/guardian’s consent;
  3. contains multiple requests that are placed by the same person, credit card, or correspond to the same billing and/or shipping address;
  4. appears to be related to “bots” or other mass-related online requests; or
  5. includes any inaccurate, misleading or incomplete information.

If we terminate or cancel the Services for any of these reasons, we will attempt to notify you but you will not be entitled to a refund for past Services.  We may notify you via a posting on our website, social media or any other means deemed appropriate in the context. 

  1. When you use the Services on our Website, or contact us from any computer or device, you are communicating with us electronically. We may also communicate with you in a variety of ways, such as by e-mail, text, or by posting notices and messages on the Website. You consent to receive these communications electronically. You agree that all communications that we provide to you electronically satisfy any legal requirement that such communications be in writing.
  2. You may not use our Services for any illegal, criminal, fraudulent, or unauthorized purpose.  You may not use our Services to violate any laws including but not limited to laws related to privacy and intellectual property rights. You may not use this Website to transmit any encrypted files, malware, viruses, or bots. If you do any of these prohibited things, you will be deemed violate these Terms of Use and your Services and access to the Website will be terminated immediately.
  1. DISCLAIMER - SENSITIVE NATURE OF CONTENT
  1. The Website and our Services may provide you with general information related to the areas of prevention of domestic violence, feminism and related activism. All such information is intended for your personal use and for informational purposes only. Nothing contained on the Website should be considered as counselling, legal or any other form of professional or medical advice. Your use of the Website and Services is at your own risk.
  2. You agree that the information on the Website or its Services is of a sensitive nature and is likely to trigger negative emotions, reactions or responses. We URGE you to consider seeking immediate assistance from your family, friends, counsellors, or the Newfoundland and Labrador Domestic Violence help line at 1-888-709-7090, or the Newfoundland and Labrador Mental Health Crisis Line at 1-888-737-4668. If you choose not to do so, WE ARE NOT RESPONSIBLE FOR ANY RESULTS ARISING FROM YOUR FAILURE TO DO SO. 
  3. As may be necessary, we may also ask you to review and sign other documents before using some of our Services, such as our Client Waiver.  If so, you agree to comply with the terms of our Client Waiver. 
  1. OUR INTELLECTUAL PROPERTY RIGHTS 
  1. The Website, and all the content available or made available through the Website, including but not limited to the training programs made available by us on thinkific.com, constitutes our intellectual property or the property of our content suppliers. This content is proprietary and is protected by applicable copyright, trademark, and other intellectual property laws. This protected content includes, but is not limited to, text content, photographs, images, designs, logos, videos, video clips, audio, audio clips, mixed media, digital downloads, data compilations, and any selection, arrangement, or enhancement of such content.  The compilation, selection, and choice of all content which we provide on our Website, or make available through our Website and Services, is also exclusively our intellectual property.
  2. If you use any of our training courses offered on the Website, you are prohibited from copying, distributing, displaying, or posting those publications contrary to intellectual property laws.
  3. Graphics, logos, designs, service names, trade names, trademarks, webpage layouts, webpage arrangements, and the overall look and feel of our Website are trademarks and trade dress owned by us. These trademarks and trade dress may not be used in association with any product or service that is not offered by us and may not be used in any manner that is likely to cause confusion among clients, or in any manner that disparages or discredits our brand, reputation and goodwill. Other trademarks not owned by us may appear on the Website and if so, they are the property of their respective owners, who may or may not be affiliated with or sponsored by us.
  1. THIRD PARTY TOOLS, LINKS & SITES
  1. We may suggest on our Website that you use certain external or online tools in connection with our Services. One of these tools is the Thinkific.com website platform used by us to render courses and training. Our suggestion to use tools that do not belong to us is completely optional and at your choice.  You also agree that your use of those third-party tools will be subject to the policies, terms and conditions of those third parties. However, if you choose not to use these third-party tools, you may not be able to access or avail some of our associated Services.
  2. Our Website may also contain links to external websites, payment platforms, social media platforms, or other online sites that do not belong to us. You agree that your use of such third-party sites is governed exclusively by the policies, terms and conditions of those third-party sites such as PayPal and Shopify. 
  3. You agree that we are not liable for any harm, injury, damage, or loss caused by your access and use of such third-party tools and sites. It is your responsibility to carefully review the policies, terms and conditions of third-party sites prior to any interaction with them. Any issues, questions or concerns arising out of your use of third-party sites should be directed to the third party.
  1. DISCLAIMER OF WARRANTIES & LIMITATION OF LIABILITY
  1. The Website and Services are provided to you "as is" and "as available", and on no other basis.  
  2. We make no representations or warranties of any kind, express or implied, as to the operation and effectiveness of the Website and/or Services. You expressly agree that your use of the Website and Services is completely voluntary and at your sole risk.
  3. To the full extent permitted by law, we disclaim all warranties and conditions in relation to the Website and Services, whether express or implied, including, but not limited to, implied warranties of title, merchantable quality, and fitness for a particular purpose. We will not be liable for any damages or losses of any kind arising from the use of the Website or our Services, including, for example, any direct, indirect, incidental, punitive or consequential damages.  
  4. We do not warrant that the information, content, materials or products made available through the Website, its servers, or our communications are free of viruses or other harmful components. 
  5. The laws of some jurisdictions may not allow for limitations or exclusions on certain types of damages or warranties. If the laws of those places apply to you, some of the above limitations or exclusions might not apply to you, and you might have additional rights.  In any event, we will rely on the maximum limitation or exclusion available in those places.
  1. INDEMNIFICATION AND RELEASE
  1. You agree to defend, indemnify, and hold us harmless from and against any claims, demands, losses, liabilities, or costs arising from:
  1. your access to and use of the Website;
  2. your breach of the Terms of Use or any of our policies; and
  3. your violation of any third-party rights including any intellectual property, privacy, or security right.
  1. Your obligation of indemnification survives any termination of the Terms or Use.
  1. Disputes, CLAIMS AND APPLICABLE LAW
  1. The laws of the Province of Newfoundland & Labrador, Canada apply to these Terms of Use. You agree that these Terms of Use shall be construed under the laws of the Province of Nova Scotia and the Federal laws of Canada applicable therein, without regard for conflicts of laws principles. You agree that your use of the Website and all of the communications and transactions associated with the Website shall be deemed to occur in the Province of Newfoundland & Labrador, Canada.
  2. You agree to irrevocably submit to the exclusive jurisdiction of the Courts of the Province of Newfoundland & Labrador. Any proceeding arising from your use of the Website may only be commenced in St. John’s, NL.  You agree to the location of this venue and that any proceeding may only be commenced individually and not as a part of any group or class.
  3. Any and all claims, judgments, or awards shall be limited to the actual fees paid by you for the Services. You hereby waive the right to claim any punitive, consequential, or indirect damages of any kind. Notice of any proceeding in the Province of Newfoundland & Labrador, Canada shall be sent to you by email or your last-used mailing address. 
  1. CHANGES TO WEBSITE & SERVICES
  1. We reserve the right to change the contents of this Website at any time and at our own discretion. We reserve the right to add to, amend, or discontinue any of the Services. We also reserve the right to alter or increase the pricing of our Services, as well as making limited offers or promotions in relation to the Services. 
  2. We shall not be liable to you or to any third party for any consequences arising out of the pricing or promotion of our Services or any changes, suspension, or discontinuance of the Services.
  3. We will take all reasonable measures to protect the security of the information you provide to us while using the Website or Services, and in compliance with our Privacy Policy. If any specific change to our Website causes a loss of such information, we shall not be liable, except if the loss is due to an intentional and avoidable security error on our part. 
  4. You agree that it is your responsibility to monitor the Website for any changes to any of our terms or policies. 
  1. TERM AND TERMINATION
  1. The Terms of Use shall remain in full force as long as they are posted on the Website. You may stop visiting the Website at any time.  You may choose not to sign up for future Services.
  2. We reserve the right to terminate the Services or your use of the Website immediately, with or without notice to you and without any liability to you if we believe that you have breached the Terms of Use, have interfered with someone else’s use of the Website or Services, or have breached our other policies such as the Privacy Policy.
  1. GENERAL PROVISIONS
  1. Entire Agreement. These Terms of Use contain the entire agreement between you and us and supersede all prior agreements, whether written or oral, relating to the same subject matter.
  2. Assignment. You may not assign or transfer any rights granted to you under the Terms of Use.  We may assign or transfer any of our rights and obligations under the Terms of Use without restriction or limitation. 
  3. Amendments. We reserve the right to make changes to these Terms of Use from time to time and to publish a replacement version on the Website. 
  4. Waiver. Any failure on the Council’s part to enforce the Terms of Use shall not be construed as a waiver of our right to enforce the Terms of Use in future. 
  5. Force Majeure. We will not be liable for any failure to operate the Website or to perform any of the Services if such failure is due to circumstances beyond our reasonable control, including without limitation strikes, labour disputes, fire, explosion, flood, power outage, industrial disturbance, acts of God, war, terrorism, pandemic, health outbreak, state of emergency, government orders, acts of an authority, or other any other similar cause.
  6. Independent Parties. Your use of the Website or the Services is not intended and shall not be deemed to create any agency, representation, joint venture, partnership, or similar legal relationship between us.