Terms and Conditions of Use - Algonquin Students' Association

Terms and Conditions of Use

Terms and Conditions of Use

Acceptance of the Website Terms and Conditions of Use

These website terms and conditions of use for algonquinsa.com, constitute a legal agreement and are entered into by and between you and The Students’ Association of the Algonquin College of Arts and Technology Corporation (“SA,” “we,” “us,” “our”). The following terms and conditions, together with any documents and/or additional terms they expressly incorporate by reference (collectively, these “Terms and Conditions”), govern your access to and use, including any content, functionality, and services offered on or through this website algonquinsa.com or from any webpages within it (the “Website”).

By using the website, you accept and agree to be bound and comply with these terms and conditions and our privacy policy (available under the “privacy statement” link on the website) which is incorporated by reference as part of these terms and conditions. If you do not agree to these terms and conditions or the privacy policy, you must not access or use the website.

Modifications to the Terms and Conditions and to the Website

We reserve the right in our sole discretion to revise and update these terms and conditions from time to time without notice to you. Any and all such modifications are effective immediately upon posting and apply to all access to and continued use of the Website. You agree to periodically review the terms and conditions in order to be aware of any such modifications and your continued use access to or use of the Website shall constitute your acceptance of any such amended terms or conditions.

The information and material on this Website, and the Website, may be changed, withdrawn, or terminated at any time in our sole discretion without notice. We will not be liable if, for any reason, all or any part of the Website is restricted to users or unavailable at any time or for any period.

Your Use of the Website and Account Set-Up and Security

The security of your personal information is very important to us. We use physical, electronic, and administrative measures designed to secure your personal information from accidental loss and from unauthorized access, use, alteration, and disclosure.

The safety and security of your information also depends on you. You are responsible for obtaining your own access to the Website. You are required to ensure that all persons who access the Website through an internet connection you may make available to them are aware of these Terms and Conditions and comply with them. The Website, including content or areas of the Website, may require user registration. It is a condition of your use of the Website that all the information you provide on the Website is correct, current, and complete.

Transmission of information via the Internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our Website. Any transmission of personal information is at your own risk. We are not responsible for circumvention of any privacy settings or security measures contained on the Website.

Your provision of registration information and any submissions you make to the Website through any functionality such as applications, chat rooms, email, message boards, personal, or interest group web pages, profiles, forums, bulletin boards, and forms of other interactive functions from time to time available on the Website (collectively, “Interactive Functions”) constitutes your consent to all actions we take with respect to such information consistent with our Privacy Policy.

Any username, password, or any other piece of information chosen by you, or provided to you as part of our security procedures, as applicable, must be treated as confidential, and you must not disclose it to any other person or entity. You must exercise caution when accessing your account from a public or shared computer so that others are not able to view or record your password or other personal information. You understand and agree that should you be provided an account, your account is personal to you and you agree not to provide any other person with access to this Website or portions of it using your username, password, or other security information. You agree to notify us immediately of any unauthorized access to or use of your username or password or any other breach of security. You also agree to ensure that you logout from your account at the end of each session. You are responsible for any password misuse or any unauthorized access.

We reserve the right at any time and from time to time, to disable or terminate your account, any username, password, or other identifier, whether chosen by you or provided by us, in our sole discretion at any time for any or no reason, including any violation of any provision of these Terms and Conditions.

You are prohibited from attempting to circumvent and from violating the security of this Website, including, without limitation: (a) accessing content and data that is not intended for you; (b) attempting to breach or breaching the security and/or authentication measures which are not authorized; (c) restricting, disrupting or disabling service to users, hosts, servers, or networks; (d) illicitly reproducing TCP/IP packet header; (e) disrupting network services or otherwise disrupting the SA’s ability to monitor the Website; (f) using any robot, spider, or other automatic device, process, or means to access the Website for any purpose, including monitoring or copying any of the material on the Website; (g) introducing any viruses, trojan horses, worms, logic bombs, or other material that is malicious or technologically harmful; (h) attacking the Website via a denial-of-service attack, distributed denial-of-service attack, flooding, mailbombing, or crashing; or (i) otherwise attempting to interfere with the functioning or functionality of the Website.

Intellectual Property Rights and Ownership

You understand and agree that the Website and its entire contents, features, and functionality, including, but not limited to, all information, software, code, data text, displays, graphics, photographs, images, video, audio, music, broadcast, design, presentation, website layout, selection, and arrangement, are owned by the SA, its licensors, or other providers of such material and are protected in all forms by intellectual property laws including without limitation, copyright, trademark, patent, trade secret, and any other proprietary rights.

The SA name and logo, and trademarks (including without limitation, the Algonquin Wolves name and logos, and all related names, logos, product and service names, designs, images, and slogans are trademarks of the SA or its affiliates or licensors. You must not use such marks without the prior written permission of the SA. Other names, logos, product and service names, designs, images, and slogans mentioned, or which appear on this Website are the trademarks of their respective owners. Use of any such property, except as expressly authorized, shall constitute an infringement or violation of the rights of the property owner and may be a violation of federal or other laws and could subject the infringer to legal action.

You may only use the Website for your personal and non-commercial use, and shall not access or use for any commercial purposes any part of the Website or any services or materials available through the Website. You shall not directly or indirectly reproduce, compile for an internal database, distribute, modify, create derivative works of, publicly display, publicly perform, republish, download, store, or transmit any of the material on our Website, in any form or medium whatsoever except:

  1. your computer and browser may temporarily store or cache copies of materials being accessed and viewed;
  2. a reasonable number of copies for personal use only may be printed keeping any proprietary notices thereon, which may only be used for non-commercial and lawful personal use and not for further reproduction, publication, or distribution of any kind on any medium whatsoever; and
  3. in the event social media platforms (such as, but not limited to, Facebook, Twitter, Instagram and LinkedIn) are linked to certain content on our Website, you may take such actions on our Website with respect to such third-party social media platforms as the terms of service for such third-party social media platforms may expressly permit.

You are otherwise not permitted to modify copies of any materials from this Website. You will not delete or alter any copyright, trademark, or other proprietary rights notices from any copies of materials from the Website to the extent you are permitted to make such copies pursuant to these Terms and Conditions.

If you print, copy, or download any part of our Website in breach of these Terms and Conditions, your right to use the Website will cease immediately and you must, at our option, return or destroy any copies of the materials you have made. You have no right, title, or interest in or to the Website or to any content on the Website, and all rights not expressly granted are reserved by the SA. Any use of the Website not expressly permitted by these Terms and Conditions is a breach of these Terms and Conditions and may infringe or violate copyright, trademark, and other intellectual property or other proprietary laws.

Conditions of Use and User Submissions and Site Content Standards

As a condition of your access and use, you agree that you may use the Website only for lawful purposes and only in accordance with these Terms and Conditions.

The following content standards apply to any and all content, material, and information a user submits, posts, publishes, displays, or transmits (collectively, “submit”) to the website, to other users or other persons other then your own personal information (collectively, “User Submissions”) and any and all Interactive Functions. Any and all User Submissions must comply with all these Terms and Conditions and applicable federal, provincial, local, and international laws, regulations, and terms of service.

Without limiting the foregoing, you warrant and agree that your use of the Website and any User Submissions will not:

  1. In any manner violate any applicable federal, provincial, local, or international law or regulation including, without limitation, any laws regarding the export of data or software, patent, trademark, trade secret, copyright, or other intellectual property, legal rights (including the rights of publicity and privacy of others) or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations or that otherwise may be in conflict with these Terms and Conditions and our Privacy Policy.
  2. In any manner violate the terms of use of any third-party website that is linked to the Website, including but not limited to, any third-party social media website.
  3. Include or contain any material that is exploitive, obscene, harmful, threatening, abusive, harassing, hateful, defamatory, sexually explicit or pornographic, violent, inflammatory, or discriminatory based on race, sex, religion, nationality, disability, sexual orientation, or age or other such legally prohibited ground or be otherwise objectionable, such determination to be made in SA’s sole discretion.
  4. Involve stalking, attempting to exploit or harm any individual (including minors) in any way by exposing them to inappropriate content or otherwise or request, use or supply or disseminate personal information to the extent prohibited under applicable laws, regulations, or code.
  5. Involve, provide, or contribute any false, inaccurate, or misleading information.
  6. Include sending, knowingly receiving, uploading, downloading, using, or reusing any material that does not comply with any User Submissions and Site Content Standards to the extent any such standards additional to these Terms and Conditions are from time to time published by the SA as applicable to the Website.
  7. Impersonate or attempt to impersonate the SA, an SA employee, another user, or any other person or entity (including, without limitation, by using email addresses, or screen names associated with any of the foregoing).
  8. Without our prior express written consent, transmit, or procure the sending of, any advertisements or promotions, sales, or encourage any other commercial activities, including, without limitation, any “spam”, “junk mail”, “chain letter”, contests, sweepstakes and other sales promotions, barter, or advertising or any other similar solicitation.
  9. Encourage any other conduct that restricts or inhibits anyone’s use or enjoyment of the Website, or which, as determined by us, may harm the SA or users of the Website or expose them to liability.
  10. Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, or alarm any person.
  11. Promote any illegal activity, or advocate, promote, or assist any unlawful act.
  12. Give the impression that they originate from or are endorsed by us or any other person or entity, if not actually the case.

User Submissions: Grant of Licence

The Website may contain Interactive Functions allowing User Submissions on or through the Website.

None of the User Submissions you submit to the Website will be required to be kept confidential by the SA. By providing any User Submission to the Website, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to a world-wide, royalty free, perpetual, irrevocable, non-exclusive licence to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose and according to your account settings and/or incorporate such material into any form, medium or technology throughout the world without compensation to you. You further waive any moral rights or other rights of authorship as a condition of submitting any User Submission.

By submitting the User Submissions, you declare and warrant that you own or have the necessary rights to submit the User Submissions and have the right to grant the licence hereof to us and our service providers, and each of their and our respective licensees, successors, and assigns to the User Submissions and comply with these Terms and Conditions. You represent and warrant that all User Submissions comply with applicable laws and regulations and the User Submissions and Site Content Standards set out in these Terms and Conditions.

You understand and agree that you are fully responsible for any User Submissions you submit or contribute, and you are fully responsible and legally liable, including to any third party, for such content and its accuracy. The SA or the SA’s affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, or successors, are not responsible or legally liable to any third party for the content or accuracy of any User Submissions submitted by you or any other user of the Website.

Site Monitoring and Enforcement, Suspension, and Termination

SA has the right, without provision of notice to:

  • Remove or refuse to post on the Website any User Submissions for any or no reason in our sole discretion.
  • At all times, take such actions with respect to any User Submission deemed necessary or appropriate in our sole discretion, including, without limitation, for violating the Website and User Submissions and Site Content Standards or Terms and Conditions.
  • Take appropriate legal action, including, without limitation, referral to law enforcement or regulatory authority, or notifying the harmed party of any illegal or unauthorized use of the Website. Without limiting the foregoing, we have the right to fully cooperate with any law enforcement authorities or court order requesting or directing us to disclose the identity or other information of anyone posting any materials on or through the Website.
  • Terminate or suspend your access to all or part of the Website for any or no reason, including, without limitation, any violation of these Terms and Conditions.

You waive and hold harmless the SA and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, and successors, from any and all claims resulting from any action taken by the SA and any of the foregoing parties relating to any, investigations by either the SA or any such parties or by law enforcement authorities.

We have no obligation, nor any responsibility to any party to monitor the Website or its use, and do not and cannot undertake to review material that you or other users submit to the Website. We cannot ensure prompt removal of objectionable material after it has been posted and we have no liability for any action or inaction regarding transmissions, communications, or content provided by any user or third party, subject to applicable laws.

No Reliance

The content on the Website is provided for general information purposes only. It is not intended to amount to advice on which you should rely. You must obtain more specific or professional advice before taking, or refraining from, any action or inaction on the basis of the content on the Website.

Although we make reasonable efforts to update the information on our Website, we make no representations, warranties, or guarantees, whether express or implied, that the content on our Website is accurate, complete, or up to date. Your use of the Website is at your own risk and neither the SA nor its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, has any responsibility or liability whatsoever for your use of the Website.

This Website may include content provided by third parties, including from other users and third-party licensors. All statements and/or opinions expressed in any such third-party content, other than the content provided by the SA, are solely the opinions and the responsibility of the person or entity providing those materials. Such materials do not necessarily reflect the opinion of the SA. The SA or its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors, do not have any responsibility or liability whatsoever to you, or any third party, for the content or accuracy of any third-party materials.

Privacy

By submitting your personal information and using our Website, you consent to the collection, use, reproduction, hosting, transmission, and disclosure of any such user content submissions in compliance with our Privacy Policy referred to and incorporated by reference in these Terms and Conditions, as we deem necessary for use of the Website and provision of services.

Third-Party Websites

For your convenience, this Website may provide links or pointers to third-party sites. We make no representations about any other websites that may be accessed from this Website. If you choose to access any such sites, you do so at your own risk. We have no control over the contents of any such third-party sites and accept no responsibility for such sites or for any loss or damage that may arise from your use of them. You are subject to any terms and conditions of such third-party sites.

Such links to third-party sites from the Website may include links to certain social media features that enable you to link or transmit on your own or using certain third-party websites, certain content from this Website. You may only use these features when they are provided by us and solely with respect to the content identified.

The Website must not be framed on any other site, nor may you create a link to any part of the Website, except as expressly allowed under these Terms and Conditions or otherwise expressly authorized in writing by the SA. You may link to the homepage of the Website, provided you do so in a way that is fair and legal and does not damage our reputation or take advantage of it; provided, however, you must not establish a link in such a way as to suggest any form of association, approval, or endorsement on our part where none exists. Any website to which the Website may be linked must also otherwise comply in all respects with the Conditions of Use and User Submissions and Site Content Standards. We reserve the right to withdraw without notice any permission the SA may from time to time give to allow linking of the Website. You agree to cooperate with us in causing any unauthorized framing or linking to immediately stop.

Online Purchases

All orders, purchases or transactions for the sale of goods, services, information made using this Website are subject to the terms and conditions of sale of which you are at the time notified, and are also thereby incorporated into these Terms and Conditions.
Additional terms and conditions may be applicable to parts or features of this Website of which you are provided notice from time to time, and are also hereby incorporated by reference into these Terms and Conditions.

Geographic Restrictions

The SA as owner of the Website is based in the Province of Ontario, Canada. We provide this Website for use only by persons located in Canada. This Website is not intended for use in any jurisdiction where its use is not permitted. If you access the Website from outside Canada, you do so at your own risk and you are responsible for compliance with local laws of your jurisdiction.

Disclaimer of Warranties

You understand and agree that your use of the website, its content, and any services or items found or attained through the website is at your own risk. The website, its content, and any services or items found or attained through the website are provided on an “as is” and “as available” basis, without any warranties or conditions of any kind, either express or implied including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose, or non-infringement. The foregoing does not affect any warranties that cannot be excluded or limited under applicable law.

Neither the SA nor its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors make any warranty, representation, or endorsement with respect to the completeness, security, reliability, suitability, accuracy, currency, or availability of the website or its contents. Without limiting the foregoing, neither the SA nor its affiliates or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors represent or warrant that the website, its content, or any services or items found or attained through the website will be accurate, reliable, error-free, or uninterrupted, that defects will be corrected, that our website or the server that makes it available are free of viruses or other harmful components.

We cannot and do not guarantee or warrant that files or data available for downloading from the internet or the website will be free of viruses or other destructive code. You are solely and entirely responsible for your use of the website and your computer, internet, and data security. To the fullest extent provided by law, we will not be liable for any loss or damage caused by denial-of-service attack, distributed denial-of-service attack, overloading, flooding, mailbombing, or crashing, viruses, trojan horses, worms, logic bombs, or other technologically harmful material that may infect your computer equipment, computer programs, data, or other proprietary material due to your use of the website or any services or items found or attained through the website or to your downloading of any material posted on it, or on any website linked to it.

Limitation on Liability

Except where such exclusions are prohibited by law, under no circumstance will the SA or its affiliates, or their respective directors, officers, employees, agents, service providers, contractors, licensors, licensees, suppliers, or successors be liable for negligence, gross negligence, negligent misrepresentation, fundamental breach, damages of any kind, under any legal theory, including any direct, indirect, special, incidental, consequential, or punitive damages, including, but not limited to, personal injury, pain and suffering, emotional distress, loss of revenue, loss of profits, loss of business or anticipated savings, loss of use, loss of goodwill, loss of data, and whether caused by tort (including negligence), breach of contract, breach of privacy, or otherwise, even if the party was allegedly advised or had reason to know, arising out of or in connection with your use, or inability to use, or reliance on, the website, any linked websites or such other third-party websites, nor any website content, materials, posting, or information thereon even if the party was allegedly advised or had reason to know.

Indemnification

To the maximum extent permitted by applicable law, you agree to defend, indemnify, and hold harmless the SA and its affiliates, and their respective directors, officers, employees, agents, service providers, contractors, licensors, suppliers, successors, and assigns from and against any claims, liabilities, damages, judgments, awards, losses, costs, expenses, or fees (including reasonable attorneys’ fees) arising out of or relating to your breach of these Terms and Conditions or your use of the Website, including, but not limited to, your User Submissions, third-party sites, any use of the Website’s content, services, and products other than as expressly authorized in these Terms and Conditions.

Governing Law and Choice of Forum

The Website and the interpretation, validity, effect and enforcement of these Terms and Conditions will be governed by and construed in accordance with the laws of the Province of Ontario and the federal laws of Canada applicable therein, without giving effect to any choice or conflict of law provision, principle, or rule (whether of the laws of the Province of Ontario or any other jurisdiction) and notwithstanding your domicile, residence, or physical location or the location of the SA office or any SA Personnel with whom you may communicate or deal.

Subject to the provisions below under the heading “Disputes”, any action or proceeding arising out of or relating to this Website and under these Terms and Conditions will be instituted in the courts of the Province of Ontario and/or the Federal Court of Canada, and you irrevocably submit to the exclusive jurisdiction of such courts in any such action or proceeding and waive any and all objections to the exercise of jurisdiction over you by such courts and to the venue of such courts.

Disputes

All disputes arising out of or in connection with this agreement, or in respect of any legal relationship associated with or derived from this agreement, shall be arbitrated and finally resolved, pursuant to the National Arbitration Rules of the ADR Institute of Canada, Inc. The place of arbitration shall be Ottawa, Ontario, Canada. The language of the arbitration shall be English. However, in the event that the SA determines that any breach or other violation of the Terms and Conditions, or any violation of the intellectual property, privacy or other rights of the SA or any SA personnel, does or will result in immediate or irreparable harm to the SA or the applicable SA Personnel, the SA and the applicable SA Personnel may seek relief in the way of interim, temporary and permanent injunctions and such other and further relief as a court may deem just and proper. You agree not to commence any action or proceeding except in the City of Ottawa, in the Province of Ontario.

Waiver

Except as otherwise expressly set forth in these Terms and Conditions, failure to exercise, or delay in exercising, any right, remedy, power, or privilege arising from these Terms and Conditions shall not operate, or be construed, as a waiver thereof; and no single or partial exercise of any right, remedy, power, or privilege hereunder precludes any other or further exercise thereof or the exercise of any other right, remedy, power, or privilege.

Severability

If any term or provision of these Terms and Conditions is invalid, illegal, or unenforceable in any jurisdiction, such invalidity, illegality, or unenforceability shall not affect any other term or provision of these Terms and Conditions or invalidate or render unenforceable such term or provision in any other jurisdiction.

Entire Agreement

The Terms and Conditions (including without limitation our Privacy Policy and any other documents incorporated by reference herein constitute the sole and entire agreement between you and the SA regarding the Website, and supersedes all prior and contemporaneous understandings, agreements, representations and warranties, both written and oral, regarding such subject matter.

Reporting and Contact

This website is operated by the Students’ Association of the Algonquin College of Applied Arts and Technology Corporation, 1385 Woodroffe Avenue, Room E114, Ottawa, ON, K2G 1V8.

All feedback, comments, requests for technical support, and other communications relating to the Website, and all notices of any kind relating copyright infringement claims or relating to any misuse of the Website (including without limitation, libelous or defamatory conduct) should be sent to the SA by email: studentsassociation@algonquincollege.com.

Inquiries and notices relating to privacy and/or personal information should be sent to the SA by email at SAprivacy@algonquincollege.com.

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