By accessing or using the website operated at www.welfareville.ca
and such other locations as made available from time to time
(collectively, the "Website") and the services offered therefrom, you
("you" and, together with all persons accessing or using the Website,
collectively, the "Users") signify that you have read, understand and
agree to be bound by these Terms and Conditions (the "Terms and
Conditions") with the operator(s) ("us", "we" or "our"), in all
respects with respect to the Website.
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY AS IT CONTAINS
IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, REMEDIES AND
OBLIGATIONS. THESE INCLUDE, BUT ARE NOT LIMITED TO, VARIOUS
LIMITATIONS AND EXCLUSIONS, AND INDEMNITIES.
Your use of the Website is subject to these Terms and Conditions.
If you are not willing to be bound by each and every term or
condition, or if any representation made herein by you is not true,
you may not use, and must cease using, the Website.
License. We grant to you a non-exclusive,
non-transferable, limited license only to use the Website, in
accordance with the provisions set out in these Terms and
Conditions. All rights not expressly granted to you in these Terms
and Conditions are reserved by us and, if applicable, our
Notice. No part of the Website may be reproduced,
modified, distributed, sold, published, broadcast, retransmitted in
any form without our prior written consent.
Severability. If any provision of these Terms and
Conditions is determined to be invalid or unenforceable in whole or
in part, such invalidity or unenforceability will attach only to
such provision or part thereof and the remaining part of such
provision and all other provisions hereof will continue in full
force and effect.
DISCLAIMERS, LIMITS OF LIABILITY AND INDEMNITIES.
USER ACKNOWLEDGEMENT - YOU ACKNOWLEDGE AND AGREE THAT:
(i) ALL USE OF THE WEBSITE PROVIDED BY US IS AT YOUR OWN RISK;
(ii) THE WEBSITE MAY CONTAIN LINKS TO OTHER WEBSITES, WHICH ARE
PROVIDED SOLELY AS A CONVENIENCE TO YOU AND THE INCLUSION OF
ANY SUCH LINK DOES NOT IMPLY ENDORSEMENT, INVESTIGATION OR
VERIFICATION BY US OF SUCH WEBSITES OR THE INFORMATION
CONTAINED THEREIN; AND (iii) THE WEBSITE PROVIDED UNDER THESE
TERMS AND CONDITIONS IS PROVIDED ON AN "AS IS" AND "AS
DISCLAIMER OF WARRANTIES - WE MAKE NO CONDITIONS,
WARRANTIES OR REPRESENTATIONS ABOUT THE SUITABILITY,
RELIABILITY, USABILITY, SECURITY, QUALITY, CAPACITY,
PERFORMANCE, AVAILABILITY, TIMELINESS OR ACCURACY OF THE
WEBSITE OR ANY OTHER PRODUCTS SUPPLIED UNDER THESE TERMS AND
CONDITIONS. WE EXPRESSLY DISCLAIM ALL CONDITIONS, WARRANTIES
AND REPRESENTATIONS, EXPRESS, IMPLIED OR STATUTORY, INCLUDING
IMPLIED CONDITIONS OR WARRANTIES OF MERCHANTABILITY, FITNESS
FOR A PARTICULAR PURPOSE, DURABILITY, TITLE AND
NON-INFRINGEMENT, WHETHER ARISING BY USAGE OF TRADE, BY COURSE
OF DEALING, BY COURSE OF PERFORMANCE, AT LAW, IN EQUITY, BY
STATUTE OR OTHERWISE HOWSOEVER.
NO LIABILITY - NOTWITHSTANDING ANY OTHER PROVISION OF
THESE TERMS AND CONDITIONS, IN NO EVENT WILL WE, OUR
AFFILIATES, OR OUR CONTROLLING PARTIES, AGENTS, EMPLOYEES,
SUPPLIERS, RESELLERS AND DISTRIBUTORS (COLLECTIVELY, IN THESE
CAPITALIZED SECTIONS, "WE" OR "US") BE LIABLE FOR ANY DIRECT,
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE
DAMAGES, OR ANY OTHER DAMAGES OR LOSSES WHATSOEVER, INCLUDING
DAMAGES FOR LOSS OF PROFITS, GOODWILL, OPPORTUNITY, EARNINGS,
USE OR DATA, ARISING DIRECTLY OR INDIRECTLY FROM OR RELATED TO
THESE TERMS AND CONDITIONS OR THE USE, OR NON-USE OF THE
WEBSITE OR ANY SOFTWARE, REGARDLESS OF THE CAUSE OF ACTION AND
EVEN IF ONE OR MORE OF US HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES OR LOSSES, INCLUDING DAMAGES OR LOSSES ARISING
FROM OR IN ANY WAY RELATED TO THE FOLLOWING: (i) ANY LOSS OR
DAMAGE TO DATA ARISING DIRECTLY OR INDIRECTLY OUT OF USE OR
NON-USE OF THE WEBSITE OR RELATED COMPONENT; (ii) DELAYS,
ERRORS, INTERRUPTIONS, MISTAKES, OMISSIONS, NON-DELIVERY,
INCORRECT DELIVERY, OR DEFECTS ON OR RELATED TO THE WEBSITE.
WITHOUT RESTRICTING THE FOREGOING, IF CIRCUMSTANCES ARISE IN
WHICH YOU OR ANOTHER PARTY IS ENTITLED TO RECOVER DAMAGES FROM
ONE OR MORE OF US, THE AGGREGATE LIABILITY OF US FOR DAMAGES IS
LIMITED TO THE AMOUNT PAID TO US BY YOU THROUGH THE WEBSITE
DURING THE SIX-MONTH PERIOD PRECEDING THE CIRCUMSTANCES IN
WHICH SUCH LIABILITY ARISES.
APPLICABILITY - SOME JURISDICTIONS PROHIBIT THE
DISCLAIMER OF CERTAIN WARRANTIES OR CONDITIONS OR THE
LIMITATION OF CERTAIN TYPES OF LIABILITY. IN SUCH
CIRCUMSTANCES, TO THE EXTENT THAT SUCH PROHIBITIONS PROHIBIT
ANY EXCLUSIONS AND LIMITATIONS IN THESE TERMS AND CONDITIONS,
SUCH EXCLUSIONS AND LIMITATIONS WILL NOT APPLY TO YOU STRICTLY
TO THE EXTENT NECESSARY TO MAKE THESE TERMS AND CONDITIONS
CONSISTENT WITH SUCH PROHIBITIONS.
Enforceability. Your use of the Website and the content and
features accessed through the Website constitute your electronic
signature to the agreement set out in these Terms and Conditions
and your consent to enter into agreements with us electronically.
This Agreement will be deemed to satisfy any writings requirements
of any applicable law, notwithstanding that the agreement set out
in these Terms and Conditions is written and accepted
electronically. All contracts between you and us completed
electronically will be deemed for all legal purposes to be in
writing and legally enforceable as a signed written agreement.
Interpretation. In these Terms and Conditions, (i) the
captions and headings are for convenience only and do not
constitute substantive matter and are not to be construed as
interpreting the contents of these Terms and Conditions, (ii) the
word "including", the word "includes" and the phrase "such as",
when following a general statement or term (whether or not
non-limiting language such as "without limitation" or "but not
limited to" or other words of similar import are used with
reference thereto), is not to be construed as limiting, and the
word "or" between two or more listed matters does not imply an
exclusive relationship between the matters being connected, and
(iii) all references to website addresses or URLs will also include
any successor or replacement websites containing substantially
similar information as the referenced website(s).
Relationship. You agree that no joint venture,
partnership, fiduciary, employment or agency relationship exists
between us and you as a result of these Terms and Conditions or use
of the Website.
Governing Law. Users can access the Website from all
Canadian provinces and territories, as well as from other
countries. The Terms and Conditions are governed by the laws of the
Province of Ontario and the federal laws of Canada applicable
therein, and these laws apply to the use of the Website,
notwithstanding your domicile, residency or physical location. You
hereby attorn to the exclusive jurisdiction of the courts of the
Province of Ontario and all courts competent to hear appeals
English Language. The parties have requested and agree
that these Terms and Conditions and all documents relating thereto
be drawn up in English. Les parties ont demandé que cette
convention ainsi que tous les documents qui s'y rattachent
soient rédigés en anglais.