Term of use

WEBSITE TERMS OF USE

 

Welcome to the website of www.wooko.ca or the related mobile application, owned and operated by Wooko Inc. (the “Company”). All users of the services, whether accessed through a website or a mobile device (the “Service”), are subject to the following terms and conditions of use (these “Terms of Use”).

 

Please read the following Terms of Use carefully because they will apply to your access to and use of the Service, and constitute a legally binding agreement between you and the Company. If you do not accept these Terms of Use, you will not be able to use the Service. If you download the mobile application, your use of the application will also be subject to the Mobile Device End User License Agreement. Please note that you may not use the Service and may not accept these Terms of Use if you are a person barred from using the Service under the laws of Canada or of your jurisdiction. 

 

The Company may revise and update these Terms of Use at any time without notice by posting the amended terms to the websites and mobile application.  Your continued use of the Service means that you accept and agree to the revised Terms of Use.  If you disagree with the Terms of Use (as amended from time to time) or are dissatisfied with the Service, your sole and exclusive remedy is to discontinue using the Service. THE MOST CURRENT VERSION OF THIS AGREEMENT, WHICH SUPERSEDES ALL PREVIOUS VERSIONS, CAN BE REVIEWED BY ACCESSING THE TERMS OF USE THROUGH THE WEBSITE OR MOBILE APPLICATION.

 

1. PURPOSE AND LICENSE OF THE SERVICES

 

The purpose of the Service is to enable students to connect and chat with, to upload and share course materials and resources with, and to access course materials and resources uploaded by other students at an educational institution (the “Purpose”).

 

Subject to the terms and conditions of these Terms of Use, you are hereby granted a limited, non-exclusive, revocable, personal, non-transferrable and non-sublicensable license to use the Service solely for the Purpose.

 

2. YOUR USE OF THE SERVICE

 

 The following terms and conditions shall apply to the use of the Service:

 

          a. You may access and use the Service only for legal, authorized, and acceptable purposes. You will not use or assist others in using the Service in ways that: (a) violate, misappropriate, or infringe the rights of the Company, its users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as bulk messaging, auto-messaging, auto-dialing, or other similar communications; or (f) involve any non-personal use of the Service.

 

          b. The Company does not claim ownership of the information that you upload or submit to Company or through the Service. You must have the necessary rights to such information and the right to grant the rights and license in Section 2(c) of these Terms of Use.

 

          c. For the purpose of operating and providing the Service, you grant the Company a worldwide, non-exclusive, royalty-free, sublicensable, and transferable license to use, reproduce, distribute, create derivative works of, display, and perform the information (including the content) that you upload, submit, store, send, or receive on or through the Service. The rights you grant in this license are for the limited purpose of operating and providing the Service.

 

          d. You authorize Company to contact you from time to time with respect to the Service and other commercial activities of the Company, provided that you may contact Company at hello@wooko.ca in the event you do not wish to be contacted regarding matters other than the provision of the Service. Notifying the Company that you do not wish to be contacted will not affect your use of the Service, and you acknowledge and agree that Company may continue to contact you only with respect to the provision of the Service by Company if such notice has been received.

 

          e. You agree that you will not make use of any addresses or other contact information received through the Service for the purpose of contacting any third parties except in compliance with applicable anti-spam legislation, including An Act to promote the efficiency and adaptability of the Canadian economy by regulating certain activities that discourage reliance on electronic means of carrying out commercial activities, and to amend the Canadian Radio-television and Telecommunications Commission Act, the Competition Act, the Personal Information Protection and Electronic Documents Act and the Telecommunications Act (Canada), which is commonly referred to as Canada’s Anti-Spam Legislation or “CASL”.

 

3. TERMINATION OR RESTRICTION OF ACCESS

 

The Company reserves the right, in its sole discretion, to remove any of the information uploaded or submitted by you to the Company or through the Service and/or to terminate your access to any or all of the Service or any portion thereof at any time, without notice. Upon termination, you shall cease to use the Service in its entirety.  The Company may terminate your right to access the Service without any refund obligation or other liability if you fail to comply with these Terms of Use.

 

4. COPYRIGHT RESTRICTIONS/USE OF CONTENT

 

The Service, including all information, materials, software, text, displays, images, video and audio on the websites and mobile application (collectively, the “Content”), are proprietary to the Company or its affiliates or licensors and are protected by Canadian and international laws regarding copyrights, trademarks, trade secrets and other proprietary rights.  You are authorized to use the Content only through the means provided by the Company and only for use related to your role as a customer of the Company. You may not copy, modify, create derivative works of, publicly display or perform, republish, store, transmit or distribute any of the Content without the prior written consent of the Company, except to: (a) store copies of the Content temporarily in RAM, (b) store files that are automatically cached by your web browser for display enhancement purposes, and (c) print a reasonable number of pages from the Service; provided in each case that you do not alter or remove any copyright or other proprietary notices included in such materials. Neither title nor any intellectual property rights to any Content or related information are transferred to you, but remain with the Company or the applicable owner of such content.  Except as expressly authorized by the Company in writing, you may not reproduce, sell or exploit for any commercial purposes (1) any part of the Service; (2) access to the Service; or (3) use of the Service.

 

You may not (and may not authorize any party to): (i) co-brand the Service, or (ii) frame the Service or any web page related thereto without the express prior written permission of an authorized representative of the Company.  For purposes of these Terms of Use, “co-branding” means to display a name, logo, trademark or other means of attribution or identification of any party in such a manner as is reasonably likely to give a user the impression that such other party has the right to display, publish or distribute the Service or content accessible within the Service.  You agree to cooperate with the Company in causing any unauthorized co-branding, framing or hyperlinking immediately to cease.

 

5. TRADEMARKS AND PROPRIETARY INFORMATION

 

The Company name, the Company logo, all of the Company’s trademarks, including, without limitation, the mark WOOKO and all related names, all logos, product and service names, designs and slogans are trademarks of the Company and/or its affiliates.  You may not use such marks without the prior written permission of the Company.  All other names, brands and marks are used for identification purposes only and may be the trademarks or registered trademarks of their respective owners. The Company and any party that provides trademarks, service marks, logos, and copyrighted works to the Company retain all rights with respect to any of their respective trademarks, service marks, logos, and copyrighted works appearing on the Service.  All rights are reserved.

 

6. OBJECTIONABLE CONTENT AND ABUSIVE USERS

 

You shall not submit, send or otherwise transfer to the Applicatoin or to the Company or permit or enableanyone else to do the same, to the extent such content includes, is in conjunction with, or alongside, any Objectionable Content. Objectionable Content means any content that is offensive, insensitive, upsetting, intended to disgust, or in exceptionally poor taste, which includes, but is not limited to: (i) defamatory, discriminatory, or mean-spirited content, including references or commentary about religion, race, sexual orientation, gender, national/ethnic origin, or other targeted groups; (ii) realistic portrayals of people or animals being killed, maimed, tortured, or abused, or content that encourages violence; (iii) depictions that encourage illegal or reckless use of weapons and dangerous objects, or facilitate the purchase of firearms; (iv) Overtly sexual or pornographic material, defined by Webster’s Dictionary as "explicit descriptions or displays of sexual organs or activities intended to stimulate erotic rather than aesthetic or emotional feelings"; (v) inflammatory religious commentary or inaccurate or misleading quotations of religious texts; (vi) false information and features; and (vii) content that would cause a violation of the Terms of Use, including, but not limited to, Section 2(a) of the Terms of Use.

 

You shall not engage in any abusive conduct, which includes, but is not limited to, conduct that would violate the Terms of Use, including, but not limited to Section 2(a) of the Terms of Use.

 

If you violate this Section, in addition to any other rights it may have under this or any other agreement, the Company may prevent you from using the Application and may redact, remove or filter any Objectionable Content. You may report any Objectionable Content posted by a user of the Application to hello@wooko.ca.

 

 

7. DISCLAIMER

 

YOUR USE OF THE SERVICE IS AT YOUR OWN RISK. THE SERVICE AND ALL CONTENT HEREIN ARE PROVIDED “AS IS” AND WITHOUT WARRANTIES OR CONDITIONS OF ANY KIND, EITHER EXPRESSED OR IMPLIED. THE COMPANY DISCLAIMS ALL WARRANTIES AND CONDITIONS, INCLUDING ANY IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE OR NON-INFRINGEMENT. THE COMPANY DOES NOT WARRANT THAT: (I) YOUR USE OF THE SERVICE WILL MEET YOUR REQUIREMENTS; (II) YOUR USE OF THE SERVICE WILL BE UNINTERRUPTED, TIMELY, SECURE OR FREE FROM ERROR; (III) ANY INFORMATION OBTAINED BY YOU AS A RESULT OF YOUR USE OF THE SERVICE WILL BE ACCURATE OR RELIABLE; OR (IV) DEFECTS IN THE OPERATION OR FUNCTIONALITY OF ANY SOFTWARE PROVIDED TO YOU AS PART OF THE SERVICE WILL BE CORRECTED. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL. 

 

8. LIABILITY OF THE COMPANY AND ITS LICENSORS

 

IN NO EVENT WILL THE COMPANY OR ITS LICENSORS OR CONTRACTORS OR THIRD PARTY VENDORS BE LIABLE FOR ANY DAMAGES OF ANY KIND, UNDER ANY LEGAL THEORY, ARISING OUT OF OR IN CONNECTION WITH YOUR USE OF, OR INABILITY TO USE, THE SERVICE, THE CONTENT, ANY OTHER SERVICES PROVIDED, WHETHER BY THE COMPANY OR A THIRD PARTY, INCLUDING ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES, INCLUDING, BUT NOT LIMITED TO, PERSONAL INJURY, PAIN AND SUFFERING, EMOTIONAL DISTRESS, DEATH, LOST PROFITS, ANY LOSS OF GOODWILL OR BUSINESS REPUTATION, ANY LOSS OF DATA SUFFERED, COST OF PROCUREMENT OF SUBSTITUTE OF GOODS OR SERVICES, OR OTHER INTANGIBLE LOSS; OR DAMAGES RESULTING FROM DELAY, INTERRUPTION IN SERVICE, VIRUSES, DELETION OF FILES OR ELECTRONIC COMMUNICATIONS, OR ERRORS, OMISSIONS OR OTHER INACCURACIES IN THE SERVICE OR THE CONTENT SUSTAINED BY ANY PERSON OR ENTITY, WHETHER OR NOT THERE IS NEGLIGENCE BY THE COMPANY AND WHETHER OR NOT THE COMPANY HAS BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH DAMAGES.

 

IN NO EVENT WILL THE COLLECTIVE LIABILITY OF THE COMPANY AND ITS SUBSIDIARIES, AFFILIATES, LICENSORS, SERVICE PROVIDERS, EMPLOYEES, AGENTS, OFFICERS, AND DIRECTORS TO ANY PARTY (REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT OR OTHERWISE) EXCEED THE GREATER OF $100 OR THE AMOUNT YOU HAVE PAID TO THE COMPANY FOR THE SERVICE GIVING RISE TO THE CLAIM IN THE TWELVE (12) MONTH PERIOD IMMEDIATELY PRECEDING THE OCCURRENCE OF THE CLAIM OR CAUSE OR ACTION.

 

THE COMPANY HOLDS THE PROVISIONS OF SECTIONS 7 AND 8 THAT ARE FOR THE BENEFIT OF THIRD PARTIES IN TRUST FOR EACH OF THOSE PARTIES AS THIRD PARTY BENEFICIARIES UNDER THIS AGREEMENT.

 

9. INDEMNIFICATION

 

You agree to indemnify and hold harmless the Company and its officers, directors, employees, agents, affiliates, third party providers, licensors, contractors and others involved in the Service (collectively, the “Indemnified Parties”), from any breach of these Terms of Use by you. You agree that the Indemnified Parties will have no liability in connection with any such breach or unauthorized use, and you agree to indemnify any and all resulting losses, damages, judgments, awards, costs, expenses, and attorneys' fees or other legal expenses (on a solicitor and client basis) of the Indemnified Parties in connection therewith. You will also indemnify and hold the Indemnified Parties harmless from and against any claims brought by third parties arising out of your use of the information accessed from or through the Service.

 

10. PRIVACY; PROTECTION OF PERSONAL INFORMATION AND SECURITY

 

The Company’s use of your personal information and your responsibilities in connection with protecting your privacy are described in the Company Privacy Policy, which is incorporated by reference into these Terms of Use.

 

Any passwords used for the Service are for individual use only. You will be responsible for the security of your password.

 

You are prohibited from using any services or facilities provided in connection with the Service to compromise security or tamper with system resources and/or accounts. The use or distribution of tools designed for compromising security (e.g., password guessing programs, cracking tools or network probing tools) is strictly prohibited. If you become involved in any violation of system security, the Company reserves the right to release your details to system administrators at other websites in order to assist them in resolving security incidents.

 

The Company reserves the right to cooperate fully with any law enforcement authorities with respect to any investigations involving any attempt to compromise security or tamper with system resources or with court orders requesting or directing the Company to disclose the identity of anyone posting any messages, or publishing or otherwise making available any materials that are believed to violate these Terms of Use. BY ACCEPTING THESE TERMS OF USE YOU WAIVE AND HOLD HARMLESS THE COMPANY FROM ANY CLAIMS RESULTING FROM ANY ACTION TAKEN BY THE COMPANY DURING OR AS A RESULT OF ITS INVESTIGATIONS AND/OR FROM ANY ACTIONS TAKEN AS A CONSEQUENCE OF INVESTIGATIONS BY EITHER THE COMPANY OR LAW ENFORCEMENT AUTHORITIES.

 

11. COMMENTS AND SUBMISSIONS

 

The Company welcomes your comments.  All comments, suggestions or other information sent by you to the Company or its advertisers or partners will become the Company’s property and you agree that all intellectual property rights therein are transferred to the Company and to the extent any of the foregoing is prevented by applicable law, you hereby grant a perpetual royalty-free, sublicenseable license to use or otherwise exploit such intellectual property rights in any way. The Company has the right to use any such ideas in its products or services without any compensation to you. You understand that all information you submit as a comment or submission is non‑confidential for all purposes.

 

12. THIRD PARTY LINKS

 

The Service may link to other websites which are not maintained by or related to the Company. Hyperlinks to such sites are provided as a service to users and are not sponsored by or affiliated with the Company, and the Company has not reviewed any or all of such websites and is not responsible for the content of those websites. The Company is not responsible for and does not endorse the content, products, services or practices of any third party websites, including, without limitation, websites framed within the Service or third party advertisements, and does not make any representations regarding their quality, content or accuracy. The Company makes no representations or warranties as to the security of any third party website and your use of third party websites is at your own risk and subject to the terms and conditions of use for such websites.

 

You acknowledge and agree that the Company has no responsibility or liability for the availability of such external services or websites.

 

13. COMPLIANCE

 

The owner of the Service is based in the province of Ontario, Canada.  The Company makes no representation that materials available on or through the Service are appropriate or available for use in other locations.  If you access the Service from other locations, you are responsible for complying with local laws.

 

14. MISCELLANEOUS

 

These Terms of Use shall be governed in all respects by and construed in accordance with the laws of the province of Ontario, Canada and the laws of Canada applicable therein, without regard to its conflicts of law principles, and exclusive jurisdiction over any cause of action arising out of these Terms of Use or your use of the Service shall be in the courts located in Ottawa, Ontario.  You agree to submit to the jurisdiction of such courts.

 

These Terms of Use, as they may be amended from time to time, completely and exclusively state the agreement between you and the Company with respect to the Service. To the maximum extent permitted by law, any cause of action you may have with respect to the Service must be commenced within one (1) year after the claim or cause of action arises or else such claim or cause of action is barred. 

 

If any part of these Terms of Use is unenforceable, the unenforceable part shall be construed to reflect, as nearly as possible, the original intentions of the parties.  The other provisions of these Terms of Use shall remain in full force and effect.

 

The Company’s failure to insist upon or enforce strict performance of any provision of these Terms of Use shall not constitute a waiver of the provision.  Neither a course of dealing or conduct between you and the Company nor any trade practices shall be deemed to modify these Terms of Use.

 

You agree that no joint venture, partnership, employment, or agency relationship exists between you and the Company as a result of these Terms of Use or use of the Service.

 

You acknowledge and agree that you are not affiliated with the Company except as a client. In the event you seek to encourage other potential clients to make use of the Service, you acknowledge that you will not receive a commission or any other form of payment.

 

A printed version of these Terms of Use and of any notice given in electronic form shall be admissible in judicial or administrative proceedings based upon or relating to these Terms of Use to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form.

 

Notwithstanding the foregoing, any additional terms and conditions on the Service will govern the items to which they pertain.

 

The Company may revise these Terms of Use at any time by updating this posting.  Such revised Term of Use will apply to the use of the Service after they are posted. These Terms of Use were last updated on 2018.5.5.

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