Terms and Conditions

1. INTRODUCTION

1.1. Purpose and Acceptance of Terms

This website, dedicated to Spiritual Healing Therapy Using Muslims’ Methods and operating within the jurisdiction of Canada, (hereinafter referred to as “the Website”) provides consultation services and various products related to spiritual healing methods derived from Islamic traditions. The Terms and Conditions outlined herein are designed to ensure a clear understanding of the rights, responsibilities, and expectations of both the operators of the Website and its users or clients. By accessing, using, or purchasing any services or products offered through the Website, the user or client (hereinafter referred to as “User” or “Client”) agrees to be bound by these Terms and Conditions in their entirety. Any User who does not agree to these Terms and Conditions should refrain from using the Website or availing its services.

1.2. Changes to the Terms and Conditions

The operators of the Website reserve the right to modify, amend, or update these Terms and Conditions at any time and for any reason. Such changes will be effective immediately upon posting the updated terms on the Website. It is the User’s responsibility to review these Terms and Conditions periodically to be apprised of any changes. Continued use of the Website or its services, post any such changes, will constitute the User’s acceptance of the revised terms. If any changes are not acceptable to the User, the User’s sole remedy shall be to cease using the Website and its associated services. The date of the last modification will always be stated at the beginning of this document for the User’s reference.

Under Canadian law, any significant change that materially affects the User’s rights or obligations will be communicated through appropriate channels, which may include, but are not limited to, posting on the Website, direct email notifications, or other means deemed appropriate by the Website’s operators. However, it is the User’s responsibility to ensure they are aware of and understand any changes made to these Terms and Conditions.

It is important for Users to understand that these Terms and Conditions serve as a binding legal agreement between the User and the operators of the Website, and any breach of these terms may result in legal consequences. By continuing to use the Website and its services, the User acknowledges their acceptance of any and all terms outlined in this agreement.

2. DEFINITIONS

2.1. Website

For the purposes of these Terms and Conditions, the term “Website” refers to the digital platform, its associated pages, content, graphics, and any other material or elements, accessible via the internet and operated by or on behalf of the entity offering Spiritual Healing Therapy Using Muslims’ Methods within the jurisdiction of Canada. The Website’s primary function is to provide information, facilitate consultation bookings, sell related products, and offer other services as may be detailed within the platform.

2.2. Services

“Services” shall mean and include, but not be limited to, consultation sessions related to Spiritual Healing Therapy Using Muslims’ Methods, guidance or advice sessions provided through various means including but not limited to Zoom, phone, chat, and the sale or recommendation of products. The Services may be provided directly by the operators of the Website or through designated representatives, agents, or third-party affiliates duly authorized by the Website’s operators.

2.3. User or Client

The terms “User” or “Client” shall be used interchangeably and refer to any individual, group, organization, or entity that accesses, browses, or utilizes the Website or its Services in any capacity. This includes individuals seeking information, booking consultation sessions, purchasing products, or engaging in any other interaction facilitated by the Website. The User or Client shall be deemed to have accepted these Terms and Conditions upon accessing or using the Website, irrespective of the completion of any transaction.

2.4. Products

“Products” as referred to in these Terms and Conditions, denote any physical or digital items, tools, accessories, or any other goods that are available for purchase, recommendation, or display on the Website. These products may relate directly or indirectly to the Spiritual Healing Therapy Using Muslims’ Methods. The products may be sold directly by the Website’s operators or may be provided through partnerships, affiliations, or third-party collaborations. It should be understood that any reference to the purchase, sale, recommendation, or use of products within these Terms and Conditions pertains to those transactions or interactions that occur through or in connection with the Website.

It is imperative for Users and Clients to be fully acquainted with these definitions as they establish the foundational understanding of the various elements encompassed within these Terms and Conditions. The specific rights, obligations, and responsibilities of both the operators of the Website and its Users or Clients will be laid out in subsequent sections, each referencing and relying upon these foundational definitions.

3. ELIGIBILITY AND REGISTRATION

3.1. Age Requirement

To access, use, or engage in transactions on the Website, Users must be of the age of majority as established by the laws of the province or territory of Canada in which the User resides. The age of majority varies across Canada, but typically it is either 18 or 19 years of age. It is the User’s responsibility to ensure they meet this age requirement before accessing or using the Website. Any access, use, or transaction made by someone under the age of majority shall be considered unauthorized and may result in immediate termination of such User’s account or access rights, without prejudice to any other remedies available to the Website under these Terms and Conditions or applicable Canadian law.

3.2. Account Creation

For certain functionalities or transactions on the Website, Users may be required to create an account. When creating an account, Users will be prompted to provide certain personal information, which may include, but is not limited to, their full name, email address, physical address, phone number, and payment details. The account will also require the creation of a secure password. It is the User’s responsibility to maintain the confidentiality of their account credentials and they are fully responsible for all activities that occur under their account.

Users are prohibited from using another person’s account without explicit permission. The Website operators reserve the right to refuse service, terminate accounts, or remove or edit content at their sole discretion, especially if there are valid reasons to believe that account activities are deceptive, fraudulent, or violate these Terms and Conditions.

3.3. Accuracy of Registration Information

Users affirm that all the information provided during the account creation process and thereafter is accurate, true, current, and complete. Any intentional provision of false or misleading information may result in the immediate termination of the User’s account and access rights. Further, Users are required to update their registration information promptly to maintain its truth and accuracy. Failing to provide accurate and up-to-date information might hinder the Website’s ability to offer its Services and may result in inadvertent breaches of Canadian regulations or statutes, for which the User shall bear full responsibility.

It is of utmost importance that Users respect and comply with the eligibility and registration criteria set out in this section. These criteria are designed not only to facilitate smooth transactions and interactions on the Website but also to ensure the Website operates in full compliance with applicable Canadian laws, ensuring the safety and integrity of both the Users and the Website’s operators.

4. PRIVACY AND DATA PROTECTION

4.1. Collection of Personal Data

In the course of operating the Website and providing Services, the Website may collect, store, and process certain personal data of its Users. Personal data may include, but is not limited to, names, email addresses, residential addresses, phone numbers, payment information, and any other identifiable data that Users may provide during account registration, service booking, product purchase, or any other interaction with the Website.

The collection of personal data is necessitated by the very nature of the Services offered, aiming to ensure seamless service delivery, efficient communication, and transactional integrity. However, the collection of personal data is governed by strict standards of necessity and proportionality. The Website will only collect data that is pertinent and requisite for its stated purposes, and will not engage in excessive or unrelated data collection practices.

4.2. Use of Personal Data

The primary purposes of data collection are to facilitate the delivery of Services, process transactions, provide customer support, and improve the overall user experience. The Website may also utilize the collected data for purposes such as:

  • Communicating with Users regarding service updates, promotions, and other relevant announcements.
  • Analyzing user behavior and preferences to refine and enhance the Services.
  • Complying with legal obligations, resolving disputes, and enforcing the Website’s Terms and Conditions and other agreements.

The Website pledges not to sell, lease, or trade the personal data of its Users to third parties without explicit consent, except in circumstances as may be delineated in a specific Privacy Policy or where such disclosure is mandated by Canadian law.

4.3. Security Measures

Recognizing the sensitive nature of personal data and the risks associated with data breaches, the Website has implemented robust and state-of-the-art security measures designed to safeguard User data. These measures include, but are not limited to, encrypted data transmission, secured storage infrastructures, periodic security audits, and the deployment of advanced firewall and anti-malware systems.

Users are also urged to play their part in ensuring their data’s safety by adopting practices like creating strong, unique passwords for their accounts and refraining from sharing such credentials with others.

Notwithstanding the above, it should be understood that no digital platform or transmission method over the internet is entirely invulnerable. While the Website is committed to doing its utmost to protect User data, absolute security cannot be guaranteed. In the unlikely event of a data breach, affected Users will be notified as per the stipulations of Canadian data protection regulations.

Maintaining the privacy and security of User data is of paramount importance to the Website’s operators. This commitment is not merely a legal obligation but also a cornerstone of the trust and credibility that the Website aims to establish with its Users. As such, Users can engage with the Website with the assurance that their personal data will be treated with the utmost respect and protection.

5. SERVICES OFFERED

5.1. Consultation Sessions

The Website offers consultation sessions related to Spiritual Healing Therapy Using Muslims’ Methods. These sessions provide guidance, advice, and therapeutic techniques derived from Islamic traditions and practices, and are facilitated by qualified practitioners or representatives associated with the Website. Consultation sessions may be tailored to address individual needs, concerns, or queries presented by Users, and they are designed to provide spiritual and therapeutic benefits.

All consultations are scheduled based on the availability of the practitioners and the preference of the User. Details regarding the content, duration, and the specific practitioner assigned for a session will be conveyed to the User upon successful booking.

5.2. Methods and Techniques

The methods and techniques employed during consultation sessions derive from longstanding Islamic traditions, teachings, and practices. These methods may encompass recitations, prayers, advice on personal conduct, lifestyle guidance, and other spiritual interventions. It’s imperative for Users to understand that these methods and techniques are spiritual in nature and are not intended to replace or conflict with other medical or psychological treatments. Users are encouraged to approach these sessions with an open mind and respect for the cultural and religious nuances they entail.

5.3. Products for Use

In addition to consultation sessions, the Website offers a selection of products for purchase. These products may include, but are not limited to, literature, accessories, tools, or other items that complement the spiritual healing journey. Each product listed on the Website will have a detailed description, usage instructions, and any relevant disclaimers. Products are intended to enhance and support the spiritual healing process and are curated with care and consideration for the needs and well-being of Users.

It is the User’s responsibility to carefully read product descriptions, understand their intended use, and adhere to any guidelines or instructions provided. The Website, while ensuring the quality and relevance of the products, cannot be held liable for misuse or misinterpretation by the User.

6. SERVICE DELIVERY

6.1. Zoom Sessions

Zoom sessions are one of the primary methods of service delivery on the Website. Users who opt for Zoom sessions will receive a unique link via email or through their registered account on the Website. This link will provide access to a secure virtual meeting space at the scheduled time.

For an optimal experience, Users are encouraged to ensure they have a stable internet connection, a functioning camera and microphone, and the latest version of the Zoom application installed on their device. The Website is not responsible for technical issues on the User’s end, including but not limited to, connectivity problems, software malfunctions, or hardware failures.

All Zoom sessions are conducted with the utmost regard for privacy and confidentiality. The Website ensures that these sessions are secured with end-to-end encryption, and no unauthorized party can access them. Moreover, unless expressly agreed upon, sessions will not be recorded, and no data from the session will be stored beyond what is necessary for service provision and regulatory compliance.

6.2. Phone Sessions

For Users who prefer voice-only sessions or may not have access to stable internet, phone sessions are available. Upon scheduling a phone session, Users will be provided with a direct contact number or will be contacted by the assigned practitioner at the agreed-upon time.

Users are reminded to ensure that they are in a quiet, private environment for the duration of the call. The Website and its representatives take every precaution to ensure that phone sessions are as confidential as in-person or Zoom sessions.

6.3. Chat Sessions

Chat sessions provide an avenue for Users who may prefer text-based communication. These sessions are conducted through a secure messaging platform integrated into the Website. Just as with Zoom and phone sessions, chat sessions are private, and all conversations are encrypted.

Users can communicate in real-time with their assigned practitioner and will receive responses within the session’s duration. It’s vital for Users to remember that the efficacy of chat sessions, like all other sessions, often depends on the clarity and comprehensiveness of the information they provide.

6.4. Scheduling and Rescheduling Policy

Upon selecting a service, Users will be directed to an online calendar to choose a convenient date and time. Once a session is scheduled, a confirmation will be sent to the User’s registered email address.

If a User wishes to reschedule, they must do so at least 48 hours in advance of the original appointment time. Rescheduling within the 48-hour window may result in additional fees or the forfeiture of the session, depending on the practitioner’s discretion and availability.

In the case of unforeseen circumstances leading to the cancellation or rescheduling by the practitioner or the Website, Users will be notified at the earliest possible opportunity and will be given priority for a new appointment.

It’s crucial for Users to respect the time of the practitioners and adhere to scheduled times. Lateness or consistent rescheduling may impact the ability to book future sessions.

The modalities of service delivery are designed to cater to a range of user preferences and to ensure that the spiritual healing sessions are accessible, private, and effective. By leveraging technology and adhering to strict operational standards, the Website aims to provide a seamless and enriching experience for all its Users.

7. PAYMENT AND PRICING

7.1. Pricing Structure

The pricing structure for all services and products offered on the Website is detailed and transparent. All prices are quoted in Canadian Dollars (CAD) and are inclusive of any applicable taxes, unless otherwise stated. The Website provides an itemized breakdown for each service or product, ensuring that Users are fully aware of all costs involved before making a purchase or booking a session.

The pricing for consultation sessions may vary based on the duration, method of delivery (e.g., Zoom, phone, or chat), and the specific practitioner. Additionally, prices for products will depend on their nature, quality, and any associated benefits.

The Website reserves the right to offer promotions, discounts, or special packages from time to time. Such offers will be clearly marked, and the terms and conditions attached to these promotions will be explicitly stated.

7.2. Accepted Payment Methods

To facilitate a smooth transaction process, the Website accepts a range of payment methods. These methods include, but are not limited to, major credit cards (Visa, MasterCard, American Express), bank transfers, electronic wallets, and PayPal. Detailed instructions for each payment method will be provided at the checkout stage.

All transactions conducted on the Website are secured with advanced encryption technologies to ensure the safety and privacy of User data. The Website does not store any credit card information beyond what is required for transaction verification and regulatory compliance.

7.3. Refund Policy

The Website stands behind the quality of its services and products. However, in the event that a User is unsatisfied or encounters an issue, the following refund policy applies:

Consultation Sessions: If a User wishes to cancel a booked session, a full refund will be issued if the cancellation is made at least 48 hours in advance of the scheduled time. Cancellations within the 48-hour window will result in a 50% refund. No refunds will be provided for cancellations made less than 24 hours before the session or for no-shows.

Products: If a User is not satisfied with a purchased product, they may request a refund within 14 days of receiving the item, provided that the product is returned in its original condition and packaging. The User will be responsible for any return shipping costs. Once the returned item is received and inspected, a refund will be processed.

In exceptional circumstances, such as a technical glitch or an issue on the part of the practitioner, the Website may consider issuing a full refund or offering a complimentary rescheduling, even if the conditions above are not met. Such decisions will be made at the sole discretion of the Website’s management.

In all cases, Users are encouraged to reach out to the Website’s customer service for assistance with any concerns related to payments, pricing, or refunds. Open communication is valued, and every effort will be made to ensure that any monetary matters are handled with fairness and understanding.

8. INTELLECTUAL PROPERTY

8.1. Ownership of Content

All content present on the Website, including but not limited to texts, graphics, logos, icons, images, audio clips, digital downloads, data compilations, videos, and software, is the property of the Website or its content suppliers and is protected by Canadian and international copyright, trademark, and other intellectual property laws. Unauthorized use, reproduction, or redistribution of any of this content is strictly prohibited and may lead to civil and/or criminal penalties.

All trademarks, service marks, and trade names (collectively referred to as the “Trademarks”) used herein, whether registered or unregistered, are the property of the Website or respective third-party owners. These Trademarks may not be used in any manner that is likely to cause confusion or in any manner that disparages or discredits their respective owners.

The collective and overall look and feel of the Website, including but not limited to its color combinations, button shapes, layout, design, and all other graphical elements, are also protected by the Website’s trademarks, copyrights, and other intellectual property rights.

8.2. Restrictions on Use

Users are granted a limited license to access and make personal use of the Website, but not to download (other than page caching) or modify it, or any portion of it, without express written consent from the Website’s management. This license does not include any resale or commercial use of the Website or its contents; any collection and use of any product listings, descriptions, or prices; any derivative use of the Website or its contents; any downloading or copying of account information for the benefit of another merchant; or any use of data mining, robots, or similar data gathering and extraction tools.

Any unauthorized use or breach of these intellectual property provisions will terminate the permission or license granted by the Website and may attract legal consequences.

Content accessed, downloaded, or otherwise obtained from or through the use of the Website is done at the User’s discretion and risk. Users are solely responsible for any damage to their computer systems or loss of data that may result from the download of any such content. No advice or information, whether oral or written, obtained by Users from the Website or through or from the service shall create any warranty not expressly stated herein.

Furthermore, unless explicitly indicated as permissible, Users may not post, modify, distribute, or reproduce in any way copyrighted or other proprietary materials without obtaining the prior written consent of the copyright owner. Users may be denied access to the Website if they make unauthorized use of the content or breach any of the Website’s intellectual property rights.

The Website is committed to protecting and enforcing its intellectual property rights to the fullest extent of the law. All rights not expressly granted herein are reserved by the Website and its licensors.

9. DISCLAIMERS

9.1. No Guarantee of Results

While the Website and its practitioners strive to provide high-quality spiritual healing therapy using Muslims’ methods, no representation, warranty, or guarantee is made regarding the effectiveness or outcome of any session, technique, method, or product offered. The success of spiritual healing is subjective and varies from individual to individual. Users of the Website’s services and products understand and accept that outcomes are not guaranteed and may differ based on personal circumstances, receptivity, beliefs, and other factors that are beyond the control of the Website and its practitioners.

9.2. Not a Substitute for Medical Treatment

The services and products offered on the Website are spiritual and holistic in nature and are not intended to replace or be a substitute for professional medical advice, diagnosis, or treatment. Users are strongly advised to consult with their healthcare provider about any medical condition or treatment. The Website and its practitioners do not claim to diagnose, treat, cure, or prevent any disease or medical condition. Any action taken based on the information or services provided by the Website is at the User’s own risk, discretion, and responsibility.

9.3. User’s Responsibility

It is the User’s responsibility to discern the information and services provided on the Website and to make informed decisions. While practitioners endeavor to maintain their proficiency and ensure that the methods and techniques employed are based on reputable sources, it remains the User’s duty to evaluate the applicability and credibility of any information, advice, or guidance received. The User acknowledges that any reliance upon the Website’s services or information will be at their sole risk.

Additionally, the User is responsible for ensuring that any product they purchase from the Website is suitable for their personal use. The Website disclaims any responsibility for allergic reactions, injuries, or any adverse effects arising from the use or misuse of the products.

In using the Website, the User acknowledges that they do not rely solely on the information provided therein for their health and well-being. Instead, they will use their judgment, supplemented by the advice of medical professionals where appropriate.

Furthermore, the Website may occasionally provide translations of content or access to translated content. Such translations are provided for convenience only, and the accuracy, reliability, or correctness of any translated information is not guaranteed. The original English version of the content is the official version, and any discrepancies or differences created in the translation are not binding.

The Website, its management, practitioners, and representatives shall not be liable for any loss, injury, claim, liability, or damage of any kind resulting in any way from the services, products, or information provided.

10. LIMITATION OF LIABILITY

10.1. Limitation on Direct Damages

To the maximum extent permitted by applicable Canadian law, in no event shall the Website, its management, affiliates, employees, agents, or third-party service providers be liable for any direct damages exceeding the amount paid by the User to the Website for the specific service or product from which the claim arose. This limitation applies regardless of the nature or basis of the claim, whether based on contract, tort (including negligence), strict liability, or any other legal theory and whether or not the Website was advised of the possibility of such damages.

For clarity, direct damages refer to those that directly result from a wrongful act or omission, such as the cost to replace a product or service that was not provided as agreed. It does not include consequential or indirect damages.

10.2. No Liability for Indirect Damages

Under no circumstances shall the Website, its management, affiliates, employees, agents, or third-party service providers be held liable for any indirect, incidental, special, consequential, or exemplary damages arising out of or related to the use of the Website, its services, or products, even if such damages are foreseeable and regardless of whether the Website has been informed of the possibility thereof. This includes, but is not limited to, damages for loss of profits, goodwill, use, data, or other intangible losses, damages resulting from unauthorized access to or alteration of User’s transmissions or data, and damages resulting from any other matter relating to the Website’s services or products.

Consequential or indirect damages are those that are a secondary result of a wrongful act or omission, such as lost profits or the cost of obtaining a replacement product or service from a third party.

Furthermore, the Website shall have no liability for any failure or delay resulting from conditions beyond its reasonable control, including but not limited to acts of God, acts of civil or military authorities, fire, floods, earthquakes, riots, wars, labor disturbances, material shortages, insurrections, governmental acts, embargoes, telecommunications, network or computer equipment failures, or software malfunctions.

It is explicitly acknowledged and agreed upon by the User that the limitations set forth herein are fundamental elements of this agreement and the Website would not have provided its services and products to the User absent such limitations. As some jurisdictions do not allow the exclusion or limitation of certain categories of damages, in such jurisdictions, the Website’s liability shall be limited to the fullest extent permitted by such jurisdiction’s law.

11. INDEMNIFICATION

11.1. User’s Obligation to Indemnify

By accessing and using the Website, the User agrees to indemnify, defend, and hold harmless the Website, its management, affiliates, employees, agents, and third-party service providers from and against any and all claims, losses, liabilities, damages, costs, and expenses, including but not limited to, reasonable legal and accounting fees, resulting from, or alleged to result from:

  1. The User’s breach of any portion of these Terms and Conditions; b. The User’s unauthorized or illegal use of the Website, its services, or products; c. Any content or information the User submits, posts, or transmits through the Website; d. The User’s violation of any third-party right, including any copyright, trademark, trade secret, or other intellectual property or proprietary rights; e. The User’s violation of any applicable laws, rules, or regulations in Canada or any other country; f. Any personal injury, property damage, or other claims arising from or related to the use or application of services or products obtained from the Website; and g. Any other act or omission by the User that results in damage or liability to the Website or its associated entities.

The obligation to indemnify and hold harmless extends to scenarios where such claims, losses, liabilities, damages, costs, or expenses arise out of negligence, willful misconduct, or any other act or omission by the User.

11.2. Procedure and Conduct of Claims

In the event that any claim is brought against the Website or its associated entities, for which indemnification by the User is required:

  1. The Website shall provide prompt written notice of any such claim to the User. Failure to promptly notify the User does not relieve the User of their indemnification obligations unless and to the extent that the User is materially prejudiced by such failure.
  2. The User shall have the right to assume the exclusive defense and control of any matter subject to indemnification by the User, using legal representation of their choice. However, the User shall not, without the prior written approval of the Website, settle or compromise any claim, or consent to the entry of any judgment which imposes any obligation or liability on the Website.
  3. The Website retains the right, at its own expense, to participate in the defense of any claim and to employ separate counsel to advise it regarding such claim and to participate in the defense. The User’s obligation to indemnify will not be affected by the Website’s choice to participate in the defense.

This indemnification provision shall survive the termination or expiration of any relationship between the User and the Website or the use of the Website’s services or products.

12. TERMINATION AND SUSPENSION

12.1. Grounds for Termination or Suspension

The Website reserves the right, in its sole and absolute discretion, to suspend or terminate any User’s account and/or access to its services, products, or any portion thereof, for reasons including but not limited to:

  1. A breach or suspected breach of any provision of these Terms and Conditions by the User.
  2. Engaging in conduct that the Website deems, in its sole discretion, to be harmful to other users, the operation of the Website, or third parties, or to have the potential to bring the Website or its affiliates into disrepute.
  3. The User’s provision of false, misleading, or incomplete registration information.
  4. If the Website determines or suspects that the User’s actions could subject it, its affiliates, or third parties to criminal or civil liability under applicable laws of Canada.
  5. The User’s violation of any applicable laws, regulations, or rights of any third party.
  6. Non-payment or fraudulent payment for products and services.
  7. Technical or security concerns, such as unauthorized access attempts or potential malware activities originating from the User’s account.
  8. Any other reason that the Website finds justifiable to protect its interests, the interests of its users, or the interests of third parties.

12.2. Consequences of Termination

Upon termination of the User’s account:

  1. The User will immediately lose access to all services, products, and areas of the Website that require account-based access.
  2. Any pending transactions, appointments, or scheduled services will be canceled, and any fees or charges associated with those transactions or services may be forfeited.
  3. The Website reserves the right to remove and permanently delete any content, data, or information associated with the User’s account, without notice to the User and without any liability.
  4. Any credits, rewards, or other benefits associated with the User’s account will be immediately forfeited upon termination.
  5. The User remains obligated to pay all outstanding fees, charges, or any other obligations incurred prior to termination.
  6. The provisions of these Terms and Conditions that by their nature should survive the termination, including but not limited to, intellectual property provisions, disclaimers, indemnification obligations, and limitations of liability, shall continue in full force and effect.

It is the User’s responsibility to maintain backup copies of any data or content submitted or stored on the Website. The Website is under no obligation to provide any User with a copy of their data after termination.

Termination of the User’s account does not release the User from any obligations incurred or arising before termination or that thereafter may accrue in respect of any act or omission before termination.

13. USER CONDUCT AND RESPONSIBILITIES

13.1. Acceptable Use

Every User of the Website and its associated services is expected to interact and use the platform in a responsible, respectful, and legal manner. The acceptable use includes but is not limited to:

  1. Adhering to all provisions of these Terms and Conditions and any additional guidelines or policies stipulated by the Website.
  2. Ensuring that all information provided during registration or during the use of the Website is accurate, current, and complete.
  3. Maintaining the confidentiality and security of account information, including usernames, passwords, and any other authentication methods.
  4. Using the Website and its services for personal, non-commercial purposes, unless explicitly authorized by the Website.
  5. Respecting the rights and privacy of other users and refraining from any conduct that may harass, threaten, or harm them.
  6. Complying with all applicable laws, regulations, and standards of the province of residence and Canada as a whole when using the Website and its services.
  7. Obtaining all necessary permissions or consents if sharing third-party content or information on the Website.

13.2. Prohibited Actions

Users are strictly prohibited from engaging in any activity that:

  1. Infringes upon the intellectual property rights, privacy rights, or any other rights of the Website, its affiliates, other users, or third parties.
  2. Promotes hate speech, discrimination, or violence against individuals or groups based on attributes such as race, religion, ethnic origin, sexual orientation, disability, or gender.
  3. Is fraudulent, deceitful, or misleading in any manner.
  4. Constitutes spam, pyramid schemes, chain letters, or any form of unsolicited commercial communication.
  5. Introduces malware, viruses, worms, Trojan horses, or any malicious software that can damage, alter, or interfere with the operation of the Website or any user’s device.
  6. Attempts to reverse engineer, decompile, or disassemble any part of the Website or its services.
  7. Attempts to gain unauthorized access to other users’ accounts, data, or any part of the Website not publicly accessible.
  8. Uses automated means, such as bots or scripts, to access, gather data, or interact with the Website without the express consent of the Website.
  9. Promotes illegal activities or conducts activities that could expose the Website, its affiliates, users, or third parties to harm or legal liability.
  10. Interferes with, disrupts, or overburdens servers, networks, or services connected to or provided by the Website.

The Website reserves the right to monitor user activity for compliance with these standards. Any violations may lead to immediate termination of access to the Website and its services, legal actions, or both. The Website may also cooperate with legal authorities and third parties in the investigation of any suspected or alleged crime or civil wrong.

14. EXTERNAL LINKS AND THIRD-PARTY CONTENT

14.1. Third-Party Websites

The Website may contain links to third-party websites, platforms, services, or resources that are not owned or controlled by the Website. These links are provided for the convenience of the Users and do not indicate any endorsement, partnership, or association between the Website and the respective third parties. The inclusion of such links does not imply that the Website monitors, verifies, or approves the content, policies, or practices of these third-party websites.

Users acknowledge and agree that:

  1. The Website is not responsible or liable for the content, accuracy, policies, practices, products, or services available on or through these third-party websites.
  2. When accessing these third-party websites, Users are subject to the terms, conditions, and policies of those websites and not those of the Website.
  3. It is the responsibility of the User to review the terms, conditions, and policies of these third-party websites and ensure they understand and agree with them before using or making any transactions.
  4. Any damages, losses, or issues arising from the use of third-party websites are solely between the User and the third-party, and the Website disclaims all liability in such instances.

14.2. No Endorsement

While the Website may provide links or references to third-party content or resources, it does not necessarily endorse, sponsor, or approve any third-party or their content, products, or services. Users should not interpret any such linking or referencing as an endorsement or approval by the Website.

Furthermore:

  1. The Website does not verify, monitor, or review the content of third-party websites and, therefore, does not guarantee the accuracy, completeness, or authenticity of information found on those sites.
  2. Any views, opinions, statements, offers, or other information on third-party websites belong solely to the respective authors or distributors and do not necessarily reflect the views of the Website.
  3. Users should exercise discretion and take appropriate precautions when accessing third-party content or entering into transactions with third parties.
  4. Users are advised to consult professionals or experts before making any decisions based on information obtained from third-party websites.

The Website’s provision of links or references to third-party content or resources is for informational purposes only and does not signify its endorsement or affiliation with such third-party entities. Users are urged to conduct their due diligence before relying on or interacting with third-party content, products, or services.

15. DISPUTE RESOLUTION

15.1. Governing Law

This Agreement, including any claim, dispute, or controversy arising out of or in relation to the use of the Website, its Services, or the interpretation, application, enforcement, or breach thereof, shall be governed by and construed in accordance with the laws of Canada, without giving effect to any choice or conflict of law provision or rule that would cause the application of the laws of any other jurisdiction.

15.2. Arbitration Agreement

  1. Any dispute, claim, or controversy arising out of or relating to this Agreement, including the determination of the scope or applicability of this Agreement to arbitrate, shall be determined by arbitration in Canada, before a single arbitrator. The arbitration shall be administered according to the Canadian Arbitration Association’s rules.
  2. The arbitrator shall be empowered to grant whatever relief would be available in a court under law or in equity. The award of the arbitrator shall be binding and may be entered as a judgment in any court of competent jurisdiction.
  3. The prevailing party in the arbitration shall be entitled to receive reimbursement of its reasonable expenses (including reasonable attorneys’ fees, expert witness fees, and all other expenses) incurred in connection therewith. Judgment upon the award so rendered may be entered in a court having jurisdiction or application may be made to such court for a judicial acceptance of the award and an order of enforcement, as the case may be.
  4. Both parties agree that any disputes arising out of or related to this Agreement (including its formation, performance, or alleged breach) or the Website and its Services will be conducted only on an individual basis and not in a class, consolidated, or representative action. If for any reason a claim proceeds in court rather than in arbitration, both parties waive any right to a jury trial.

15.3. Exceptions to Arbitration

Notwithstanding the above, both parties agree that nothing herein shall be deemed to waive, preclude, or otherwise limit either party’s right to (i) pursue enforcement actions through applicable Canadian federal, provincial, or local agencies where such actions are available, (ii) seek injunctive relief in a court of law in cases of urgency to preserve the status quo until the arbitration can be held, or (iii) to file suit in a court of law to address intellectual property infringement claims.

In the event of litigation or to compel arbitration or to enforce an arbitration award under this Section, or to obtain an injunction under this Section, the parties hereby irrevocably consent and submit to the personal jurisdiction and venue of the federal and provincial courts located in Canada.

16. FEEDBACK AND COMPLAINTS

16.1. Submission of Feedback

  1. Users are encouraged to provide feedback, comments, and suggestions for improvements to the Website and its Services (“Feedback”). Feedback can be submitted through designated channels made available on the Website or by contacting the Website Operator directly.
  2. Any Feedback provided by the User shall be considered non-confidential and non-proprietary to the User. By submitting Feedback, the User grants to the Website Operator a non-exclusive, worldwide, royalty-free, irrevocable, sub-licensable, perpetual license to use and publish those ideas and materials for any purpose, without compensation to the User.
  3. Users acknowledge and agree that the incorporation by the Website Operator of Feedback into any of its products or services does not grant the User any proprietary rights therein. Users further recognize that the Website Operator’s use or non-use of Feedback does not constitute any endorsement, approval, or commissioning of such Feedback, and the Website Operator retains the right to use or disregard Feedback at its sole discretion.

16.2. Handling and Response to Complaints

  1. The Website Operator is committed to addressing and resolving any concerns or complaints promptly and fairly. If a User has a complaint regarding the Website or any of its Services, it should be submitted through the designated “Complaints” section of the Website or by directly contacting the Website Operator’s customer service.
  2. Upon receipt of a complaint, the Website Operator will acknowledge its receipt promptly and undertake a review of the issue. The User will be informed of the outcome of the review within a reasonable time frame, typically within thirty (30) calendar days. If the review requires an extended period, the User will be notified accordingly.
  3. Where complaints highlight a systemic or recurring issue, the Website Operator will take appropriate measures to address the root cause and prevent future recurrences.
  4. In instances where the User is dissatisfied with the resolution provided by the Website Operator, the User may escalate the matter to the relevant regulatory authority in Canada for further investigation, in accordance with the Dispute Resolution provisions set forth in this Agreement.
  5. The Website Operator continually strives to improve its services and operations. Thus, feedback, both positive and negative, is essential to its continuous improvement efforts. Users are encouraged to be candid in their feedback and provide constructive criticism where necessary.

17. WAIVER AND SEVERABILITY

17.1. Failure to Exercise Rights

  1. Any failure or delay by the Website Operator in exercising any right, power, or privilege under this Agreement will not operate as a waiver thereof, nor will any single or partial exercise of any right, power, or privilege preclude any other or further exercise thereof or the exercise of any other right, power, or privilege.
  2. The rights expressly set out in this Agreement are cumulative and not exclusive of any rights or remedies provided by law. Any waivers granted hereunder are effective only if recorded in writing and signed by the party granting such waiver.
  3. The User acknowledges and agrees that no reliance is placed upon any representation made but not embodied in this Agreement, and any such representation is expressly excluded.

17.2. Unenforceable Provisions

  1. If any provision (or part of a provision) of this Agreement is found by any court or administrative body of competent jurisdiction to be invalid, unenforceable, or illegal, the other provisions shall remain in force.
  2. If any invalid, unenforceable, or illegal provision would be valid, enforceable, or legal if some part of it were deleted, the provision shall apply with whatever modification is necessary to give effect to the commercial intention of the parties.
  3. The User and the Website Operator agree, in the circumstances referred to in clause 17.2.a and if clause 17.2.b does not apply, to attempt to substitute for any invalid, unenforceable, or illegal provision a valid, enforceable, and legal provision that achieves to the greatest extent possible the same effect as would have been achieved by the invalid or unenforceable provision.
  4. In the event that any provision is determined to be unenforceable by reason of its extent, duration, scope, or otherwise, then the parties contemplate that the court making such determination shall reduce such extent, duration, scope, or other characteristic so as to render such provision enforceable to the fullest extent permitted by applicable Canadian law.

18. FORCE MAJEURE

18.1. Exemption from Liability

  1. Neither the User nor the Website Operator shall be considered in breach of this Agreement or liable in any manner for any failure to perform, or delay in the performance of, any obligation under this Agreement as a result of a Force Majeure event.
  2. “Force Majeure” shall be understood to encompass events beyond the reasonable control of the party affected, which prevent or hinder that party from performing its contractual obligations. Such events include, but are not limited to, natural disasters, acts of God, wars, riots, civil unrest, acts of terrorism, strikes, labor disturbances, changes in laws or regulations, embargoes, severe weather conditions, power outages, prolonged shortages of energy supplies, unexpected technical issues, or any actions taken by governmental authorities which affect the obligations set forth herein.
  3. Upon the occurrence of a Force Majeure event, the affected party shall notify the other party as soon as reasonably practicable, describing the nature, anticipated duration, and any anticipated effects on its obligations. Both parties will then undertake reasonable efforts to mitigate the effects of the Force Majeure event and resume the performance of their contractual obligations as soon as possible.
  4. If a Force Majeure event continues for more than sixty (60) days, either party may terminate this Agreement without liability, by giving written notice to the other party.

18.2. Definition and Inclusion of Events

  1. The definition of Force Majeure provided in this Agreement is intended to be expansive and not restrictive. Therefore, other events or circumstances, not explicitly mentioned but having the same characteristics of unpredictability and insurmountability, may also be considered as Force Majeure, subject to the agreement of both parties.
  2. Both parties understand and agree that the determination of what constitutes a Force Majeure event under this Agreement shall be at the sole discretion of the parties, acting reasonably and in good faith. In situations of doubt or dispute, both parties commit to acting in the best interests of all involved, and to seek an equitable and mutually agreeable resolution.
  3. Notwithstanding the provisions outlined above, a party’s financial inability or failure to make a payment due under this Agreement shall not be deemed a Force Majeure event, and the provisions of this section shall not apply in such circumstances.

 

 

 

19. ENTIRE AGREEMENT

19.1. Precedence and Supersession

  1. This Agreement embodies the complete understanding and accord between the User and the Website Operator and supersedes all prior or contemporaneous negotiations, understandings, and agreements between the two parties, whether oral or written, concerning the subject matter herein.
  2. In the event of any inconsistency between the statements or provisions of this Agreement and any previously executed agreement, marketing materials, advertisement, or representation made by either party, the provisions of this Agreement shall prevail unless the prior agreement specifically states otherwise in writing and is signed by both parties.
  3. No provision of this Agreement or any part thereof, or the fact of its entering into, shall be relied upon to interpret the provisions of any prior or subsequent agreement.
  4. Both parties acknowledge that they have not relied upon any representation, undertaking, or promise given by the other or be implied from anything said or written in negotiations between the two parties prior to this Agreement, except as expressly stated in this Agreement.

19.2. Additional Agreements and Modifications

  1. Any amendments, addendums, or modifications to this Agreement shall only be valid and effective if they are in writing and signed by both parties. This includes any change, addition, modification, or rescission of any provision of this Agreement.
  2. Notwithstanding the foregoing, the Website Operator reserves the right to modify this Agreement at its sole discretion in order to reflect changes to applicable law, to its business practices, or for other pertinent reasons. Any such modifications will be communicated to the User in a timely manner and will come into effect at the next use of the Website or Services, or within thirty (30) days of the notification, whichever comes first. If the User does not agree to the changes, they are advised to refrain from using the Website and its associated Services.
  3. If any changes are made to this Agreement, the latest date of revision will be reflected at the top or bottom of this document. It is the responsibility of the User to periodically review the terms of this Agreement to ensure they are aware of and compliant with any changes or updates. Continued use of the Website and its Services indicates acceptance of any modified terms.

20. TERMINATION AND CONSEQUENCES

20.1. Right to Terminate

  1. The Website Operator retains the full right to terminate or suspend the User’s access to the Website and associated Services at any time, for any reason, and at its sole discretion, without prior notice. Common reasons for termination may include, but are not limited to, breach of any of the terms stipulated in this Agreement, engaging in illegal activities, or misuse of the Website or Services.
  2. The User may also decide to terminate their relationship with the Website Operator and cease the use of the Website and its Services. It is advisable, though not obligatory, for the User to notify the Website Operator in writing regarding such a decision.

20.2. Effects of Termination

  1. Upon termination of this Agreement, regardless of the reasons behind such termination:
  2. All rights granted to the User under this Agreement will immediately cease.
  3. The User must immediately cease all activities associated with the Website and its Services and desist from using any of the proprietary content, logos, or trademarks associated with the Website.

iii. Any obligations or liabilities incurred by the User prior to termination will remain in effect post-termination.

  1. The Website Operator reserves the right to retain any data, records, or information associated with the User for a duration consistent with applicable Canadian laws and regulations, especially for legal, administrative, and compliance purposes.

 

20.3. Survival of Provisions

  1. The termination of this Agreement, for any reason, shall not affect the survival or enforceability of any provisions of this Agreement which are expressly or implicitly intended to continue in effect post-termination. This includes, but is not limited to, provisions related to intellectual property rights, disclaimers, indemnifications, and limitations of liability.
  2. Any rights or obligations which by their nature should survive the termination or expiration of this Agreement, will remain in effect after termination or expiration.

20.4. No Waiver on Termination

  1. Termination of this Agreement by the Website Operator does not constitute a waiver of any rights. The Website Operator may seek any remedies available to it, whether under this Agreement, in equity, or under the law, against the User for violations or breaches of the Agreement.
  2. The User’s obligations, including but not limited to payment obligations or any liability incurred prior to termination, shall continue notwithstanding the termination of this Agreement.

Contact and ask about more details