TERMS AND CONDITIONS AGREEMENT
Last Updated: September 15, 2022
PLEASE READ THIS DOCUMENT CAREFULLY! IT CONTAINS VERY IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND OBLIGATIONS, AS WELL AS LIMITATIONS AND EXCLUSIONS THAT MAY APPLY TO YOU. THIS DOCUMENT CONTAINS DISCLAIMERS, LIMITATIONS OF LIABILITY AND INDEMNIFICATION CLAUSES.
- Acceptance of Terms and Conditions
Welcome to www.thewin.ca owned and operated by the WIN Workplace Investigator Network Inc. (“WIN”). This Terms and Conditions Agreement (“Terms”) states the terms and conditions under which you (“you” – an individual, and/or any entity you represent) may use the WIN website, and any services it provides (collectively, the “Website”).
These Terms apply to all users and viewers of the Website and you must read them carefully.
If you are under the age of 18, you agree that your parent or legal guardian has agreed to your using the Website and have reviewed these Terms. AS A PARENT OR LEGAL GUARDIAN, YOU AGREE TO BE RESPONSIBLE AND LIABLE FOR ANY ACT OR OMISSION OF ANY USER UNDER 18 THAT YOU PERMIT TO ACCESS AND USE THE WEBSITE.
- Modification to Terms
WIN reserves the right, at its sole discretion, to modify these Terms at any time and without prior notice. WIN may revise these Terms at any time, so please revisit this page periodically to review the Terms. By continuing to use the Website, you agree to be bound by any such revisions, whenever they may occur.
If we modify these Terms, we will post the modification on the Website. We will also update the “Last Updated” date at the top of these Terms. By continuing to access or use the Website after we have posted a modification, you are indicating that you agree to be bound by the modified Terms. If the modified Terms are not acceptable to you, your only recourse is to cease using the Website.
- Use of the Website
You may use the Website for your own personal and non-commercial use.
If you choose to use the Website, you do so at your sole risk. It is provided “as is” without any representations or warranties, express or implied.
Your use and/or visiting of the Website restricts you from doing the following:
- Assigning or otherwise granting your rights under this license to another party;
- Modifying, creating derivative works of, reverse engineering, decompiling, disassembling or hacking the Website software in any manner; and/or
- Using the Website (including its software) in such a way as to adversely interfere with the functionality of the Website or services or other products provided by WIN including the scraping, data mining, extraction or collection of the content of the Website in any form.
WIN reserves the right, in its sole discretion, to terminate any user’s account without notice and for any reason.
You acknowledge and agree that WIN does not have an obligation to conduct background checks on any third party and that WIN is not liable to you or any third-party for direct or indirect damages resulting from the use or non-use of services provided on the Website.
- Dealings with Third Parties
Any business dealings with third parties, including merchants, sellers, professionals, and/or consultants found on, or through, the Website is solely between you and the third party.
WIN is not responsible for any loss or damages that you may suffer from entering into business dealings including, the payment for services and delivery of goods, and any terms, conditions, warranties, or representations associated with such dealings. You and the third party, not WIN, are responsible for complying with the terms set out in such dealings.
NOTHING ON THIS WEBSITE CONSTITUTES OR IS MEANT TO CONSTITUTE LEGAL ADVICE OF ANY KIND. IF YOU REQUIRE ADVICE YOU SHOULD CONSULT AN APPROPRIATE PROFESSIONAL.
Submissions represent the views and opinions of the person(s) making the Submission and do not represent the views or opinions of WIN. By using the Website, you may be exposed to content that may be indecent, harmful to minors or objectionable, and you use it at your own risk.
WIN provides an online platform or marketplace with related technology that may contain links to third-party websites or resources to facilitate connections between service providers. You acknowledge and agree that WIN is not responsible or liable for:
- the availability or accuracy of such websites or resources; or
- the content, products, or services on or available from such websites or resources.
Links to such websites or resources do not imply any endorsement by WIN of such websites or resources or the content, products, or services available from such websites or resources.
You acknowledge sole responsibility for and assume all risk arising from your use of any such third party websites or resources or the content, products or services on or available from such websites or resources.
THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
- Ownership of Intellectual Property and Content of Website
All content and materials associated with the Website including trademarks, text, names, logos, service marks, and software are owned by WIN and are protected under Canadian and foreign intellectual property and other laws. While WIN assumes no obligation to update the content of the Website, it may change the content without notice to you.
You may not use, reproduce, modify, adapt, publish, transmit, distribute, or exploit in any other way the Website or any of its content, whether in whole or in part, other than expressly set out herein, without the written permission of WIN.
All content and materials available on the Website, including but not limited to courses, text, graphics, website name, code, images and logos are the intellectual property of WIN, and are protected by applicable copyright and trademark law. Any inappropriate use, including but not limited to the reproduction, distribution, display, or transmission of any content on this site is strictly prohibited unless specifically authorized.
Any third-party trademarks, service marks, logos, trade names and any other proprietary designations on the Website are the trademarks or registered trademarks of their respective parties and are used by WIN under license.
The Website provides features that allow you to post or upload content including upload images, write dialog, post blogs, post comments, post links and interact in other ways with the Website and its users (collectively, “Submissions” or “Submission”). For clarity Submissions includes, but is not limited to, text, graphics, audio files, or computer software.
When making any Submission, it is a condition of your use of the Website that you do not:
- attempt to interfere with the proper workings of the Website or do anything which in the sole discretion of WIN imposes an unreasonable or disproportionately large load on the Website infrastructure;
- include in any Submission information that is unlawful, libelous, defamatory, indecent or pornographic;
- include in any Submission information that promotes bigotry, hatred, or harm against any group or individual, or provides instructions about or incites illegal activities; or
- include in any Submission information that is confidential, or which violates or infringes upon the rights of others, without first obtaining permission from the rights’ holder(s).
- Representation and Warranty regarding Submissions
When making any Submission, you represent and warrant that:
- you are authorized to post or make available the Submission;
- the downloading, copying and use of the Submission by others will not infringe the proprietary rights, including but not limited to the copyright, patent, trademark or trade secret rights, of any third party;
- you have fully complied with any third-party licenses relating to the Submission and have done all things necessary to successfully pass through to end-users any required terms;
- the Submissions does not contain or install any viruses, worms, malware, spyware, Trojan horses, or other harmful or destructive content;
- the Submission is not spam, is not machine or randomly generated, and does not contain unethical or unwanted commercial content designed to drive traffic to third party sites or boost the search engine rankings of third party sites, or to further unlawful acts (such as phishing) or mislead recipients as to the source of the Submission (such as spoofing);
- the Submission is not pornographic, does not contain threats or incite violence or hatred towards any group or individual, and does not violate the privacy or publicity rights of any third party;
- the Submission is not the subject of advertising via unwanted electronic messages such as spam links on newsgroups, e-mail lists, other blogs and web sites, and similar unsolicited promotional methods; and
- the Submission is not presented in a manner that misleads end-users into thinking that you are another person or company.
Without limiting any of the representations or warranties provided in this section, WIN has the right (though not the obligation), at its’ sole discretion, to:
- terminate or deny access to and use of the Website to any individual or entity for any reason, at WIN’s sole discretion; and
- where WIN refuses or removes Submissions, or terminates or denies access to you, WIN will have no obligation to provide a refund of any amounts previously paid.
- Intellectual Property regarding Submissions
By making Submissions to the Website, you hereby assign and transfer to WIN all your respective rights, titles and interests worldwide in, to and associated with your Submissions, including copyrights, and all other intellectual property rights, free and clear of all liens, encumbrances and interests of third parties. WIN may use or alter the Submissions as it sees fit in its absolute discretion, including licensing or assigning them to third parties.
WIN hereby grants you a limited license to use your Submissions for non-commercial purposes. In the event you wish to use your Submission for any commercial purposes, you must first contact WIN and seek its express written agreement to do so.
By making Submissions to the Website, comprising trademarks, service marks, logos, trade names and any other proprietary designations (the “Trademarks”), you hereby grant WIN a free, non-exclusive, non-revocable, worldwide, perpetual, assignable, sub-licensable right to use and reproduce the Trademarks.
By making Submissions to the Website, you also agree to:
- waive all “moral rights” (as defined in the Canadian Copyright Act) in any Submission in favour of WIN;
- consent to your username appearing in association with any of your Submissions; and
- acknowledge and agree that WIN is not responsible for any loss, damage, or corruption that may occur to your Submissions.
- Warranties of Website
WIN does not warrant that:
- this website will be constantly available, or available at all; or
- the information on this website is complete, true, accurate or non-misleading.
The Website is provided “as is” and without warranties of any kind, either express or implied, or statutory. Every effort is made to update the information contained on this Website; however, neither WIN nor any third party, data provider or content provider make any representations or warranties, whether express, implied in law or residual, as to the sequence, accuracy, completeness or reliability of information, opinions, research information, data and/or content contained on the Website (including but not limited to any information which may be provided by any third party or data or content providers) and shall not be bound in any manner by any information contained on the Website.
WIN reserves the right at any time to change or discontinue, without notice, any aspect or feature of the Website. No information shall be construed as advice, and information is offered for information purposes only and is not intended for trading purposes. You and any person you represent rely on the information contained on this Website at your own risk.
THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
- Limitations on Liability
IN ADDITION TO ANY OTHER LIMITATIONS ON WIN’S RESPONSIBILITY UNDER THESE TERMS, YOU FURTHER AGREE THAT WIN (AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES) SHALL NOT BE LIABLE FOR THE FOLLOWING, AND IRREVOCABLY WAIVE ANY CLAIMS IN CONNECTION WITH:
2) ANY INDIRECT, ECONOMIC OR CONSEQUENTIAL DAMAGES, HOWEVER CAUSED, FOR LOST PROFITS OR LOST SAVINGS;
3) THE TRANSMISSION OF VIRUSES (OR OTHER HARMFUL MECHANISMS), DATA CORRUPTION, FAILED MESSAGES, AND ANY TRANSMISSION ERRORS OR PROBLEMS, INCLUDING IN RESPECT OF SUBMISSIONS;
4) ANY INACCURACIES OR PERIODS WHEN THE WEBSITE IS NOT OPERATIONAL; AND
5) ANY OTHER DAMAGES ARISING FROM THE USE OF, OR INABILITY TO USE, THE WEBSITE.
THIS CLAUSE SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
By using the Website you agree that any legal remedy or liability that you seek to obtain for actions or omissions of third parties will be limited to a claim against the other third parties who caused you harm. You agree that WIN is not responsible for any damage or harm resulting from your interactions with other third parties and that you will not attempt to impose liability on or seek any legal remedy from WIN with respect to such actions or omissions.
By using the Website, you agree that the limitations of liability set out in this disclaimer are reasonable. If you do not think they are reasonable, you must not use the Website.
YOU HEREBY AGREE TO INDEMNIFY, DEFEND, AND HOLD WIN AND ITS AFFILIATES AND ITS OFFICERS, DIRECTORS, EMPLOYEES, OWNERS, AGENTS, INFORMATION PROVIDERS, LICENSORS, AND LICENSEES (COLLECTIVELY, THE “INDEMNIFIED PARTIES”) HARMLESS FROM AND AGAINST ANY AND ALL LIABILITIES AND COSTS (INCLUDING LEGAL FEES AND DISBURSEMENTS) INCURRED BY THE INDEMNIFIED PARTIES IN CONNECTION WITH ANY CLAIM ARISING OUT OF YOUR SUBMISSION(S), YOUR USE OF THE SITE, YOUR CONNECTION TO THE SITE, YOUR BREACH OF ANY OF THESE TERMS, OR YOUR VIOLATION OF THE RIGHTS OF ANY OTHER PERSON OR ENTITY. YOU SHALL USE YOUR BEST EFFORTS TO COOPERATE WITH US IN THE DEFENSE OF ANY CLAIM. WE RESERVE THE RIGHT, AT OUR OWN EXPENSE, TO ASSUME THE EXCLUSIVE DEFENSE AND CONTROL OF ANY MATTER OTHERWISE SUBJECT TO INDEMNIFICATION BY YOU.
THIS SECTION SHALL SURVIVE TERMINATION OF THIS AGREEMENT.
You represent and warrant that you are authorized to enter into this agreement, that you will comply with the terms of this agreement, and that you will meet your obligations under this agreement, under all applicable laws of your jurisdiction, and under all applicable WIN policies, which may be updated from time to time.
Nothing in these Terms will exclude or limit any warranty implied by law that it would be unlawful to exclude or limit.
- Term and Termination
This Agreement is effective until terminated by WIN, with or without cause, in its sole and unfettered discretion. You may also terminate the agreement by simply closing your account and/or discontinuing your use of the Website. If you close your account voluntarily, there will be no refund of any monies paid.
WIN may terminate this agreement without notice to you if you fail to comply with any of its Terms. Any such termination by WIN shall be in addition to and without prejudice to such rights and remedies as may be available to WIN, including injunction and other equitable remedies. WIN reserves the right to discontinue the Website at any time and you agree in such event that WIN is not liable for any damages arising from such discontinuance.
The disclaimers, limitations on liability, ownership, termination, interpretation, your license to WIN, your warranty and the indemnity provisions of this Agreement shall survive the termination or expiry of this Agreement.
- Entire Agreement
If any provision of this agreement is found by a court or administrative body of competent jurisdiction to be illegal, invalid or unenforceable, such provision will be severable from and not affect the validity and enforceability of the remainder of the agreement.
If any provision of this website disclaimer is, or is found to be, unenforceable under applicable law, that will not affect the enforceability of the other provisions of this website disclaimer.
- No Waiver
WIN’s failure to exercise, or delay in exercising, a right, power or remedy provided by the agreement or by law shall not constitute a waiver of that right, power or remedy. If WIN waives a breach of any term of this agreement, such waiver shall not operate as a waiver of a subsequent breach of that provision, or as a waiver of a breach of any other provision.
- Applicable Legal Regime and Forum
WIN operates from British Columbia, Canada and makes no representation that the Website is appropriate or available for use in any location. This agreement shall be governed by and interpreted in accordance with the laws of the province of British Columbia and Canada, without application of conflicts of laws and international treaties. You and WIN agree to submit any disputes or otherwise concerning your use of the Website to the exclusive jurisdiction of the courts within the Province of British Columbia, Canada.
This agreement shall enure to the benefit of and be binding upon each party and their respective successors and permitted assigns. You acknowledge having read this agreement before accepting it, having the authority to accept this agreement.
Any provisions of this agreement that are expressed to survive or operate in the event of termination of this agreement shall so survive the termination of this agreement.
YOU EXPRESSLY ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND UNDERSTAND THE RIGHTS, OBLIGATIONS, TERMS AND CONDITIONS SET FORTH HEREIN. BY CLICKING ON THE “I AGREE” BUTTON OR SIMILAR BUTTON OR LINK AND/OR USING OR ACCESSING THE WEBSITE, YOU EXPRESSLY CONSENT TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
MEMBERSHIP TERMS AND CONDITIONS
These Membership Terms and Conditions outline the terms and conditions regarding a distance sale contract between you (the “Client” – an individual, and/or any entity you represent) and WIN.
- Services Provided
WIN sells to the Client, who purchases an opportunity to participate in training courses, webinars, a resource library and access to mentoring at thewin.ca.
Full payment is required in advance. WIN shall charge the Client’s credit card for products purchased and for the amount agreed upon between WIN and the Client for the product.
All currency is in Canadian Dollars and is subject to GST.
- Live Training/Webinar Cancellation & Refund Policy
Cancellations must be made in writing and emailed to [email protected]thewin.ca
and will be honored as follows:
We can provide refunds if an attendee cancels at least three (7) days in advance:
· Training/webinar registrations fees are refundable if submitted no later than 7 days before the scheduled training/webinar date/start time;
· Cancellations received less than 7 days before the scheduled training/webinar date/start time will not be refunded;
· In the rare event that we need to cancel a training/webinar due to circumstances beyond our control, we will make every effort to notify attendees with as much advance notice as possible. Attendees will be given the opportunity to either transfer to another training/webinar or obtain a full refund.
We don’t provide refunds due to:
· Attendee technology problems
It is the responsibility of the training/webinar attendee to test their computer setup prior to the start of the training/webinar. If a technical failure at your home or workplace prevents access to the live training/webinar, you are not eligible for a refund. If the technical problem is due to our error, we will consider issuing a refund.
· Attendee email issues
Refunds will not be issued in cases where an attendee did not receive the training/webinar login instruction email due to issues like restricted emails, bounced emails, or any other system issues. It is the attendee’s responsibility to contact us if they don’t receive the required login information at least 24 hours prior to the start time of the training/webinar.
· No shows
Attendees who do not participate in the live training/webinar will not be entitled to a refund.
These Membership Terms and Conditions shall be governed by and interpreted in accordance with the laws of the Province of British Columbia and Canada, without application of conflicts of laws and international treaties.
The Client and WIN agree to submit any disputes related to these Membership Terms or otherwise concerning the Client’s use of the Website to the exclusive jurisdiction of the courts within the Province of British Columbia, Canada.