Terms & Conditions
Welcome to Peel HIV/AIDS Network [PHAN] website. IT IS IMPORTANT THAT YOU READ ALL THE TERMS AND CONDITIONS CAREFULLY.
Disclaimer of Warranties
The Website and all content are provided As Is. By accessing and using the Website you acknowledge and agree that use of the Website and its content is entirely at your own risk. PHAN makes no representations or warranties regarding the Website and the content, including, without limitation, no representation or warranty (i) that the Website and/or content will be accurate, complete, reliable, suitable or timely; (ii) that any content, including, without limitation, any information, data, software, product or service contained in or made available through the Website will be of merchantable quality or fit for a particular purpose; (iii) that the operation of the Website will be uninterrupted or error-free; (iv) that defects or errors in the Website will be corrected; (v) that the Website will be free from viruses or harmful components; and (vi) that communications to or from the Website will be secure or not intercepted.
The Website may contain links to third-party websites. These links are provided solely as a convenience to you and not as an endorsement by PHAN of the contents of such third-party websites. PHAN is not responsible for the content of any third-party website, nor does it make any representation or warranty of any kind regarding any third-party website including, without limitation (i) any representation or warranty regarding the legality, accuracy, reliability, completeness, timeliness, suitability of any content on any third-party website; (ii) any representation or warranty regarding the merchantability or fitness for a particular purpose of any material, content, software, goods or services located at or made available through such third-party websites; or (iii) any representation or warranty that the operation of the third-party websites will be uninterrupted or error-free, that defects or errors in such third-party websites will be corrected or that such third-party websites will be free from viruses or other harmful components.
While PHAN encourages links to the Website, it does not wish to be linked to or from any third-party website that contains, posts, transmits any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any content constituting or encouraging conduct that would constitute a criminal offence, give rise to civil liability or otherwise violate any local, state, provincial, national or international law, regulation which may be damaging or detrimental to the activities, operations, credibility or integrity of PHAN or which contains, posts or transmits any material or information of any kind which promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons, or contains posts or transmits any information, software or other material that violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights, or that is protected by copyright, trademark or other proprietary rights. PHAN reserves the right to prohibit or refuse to accept any link to a website, including, without limitation, any link which contains or makes available any content or information of the foregoing nature, at any time. You agree to remove any link you may have to the Website upon the request of PHAN.
Please note that information sent or received over the internet is generally unsecure. PHAN cannot and does not make any representation or warranty concerning security of any communication to or from the Website or any representation or warranty regarding the interception by third parties of personal or other information.
Any consent by PHAN to, or waiver of, a breach of this Agreement which you have committed, whether express or implied, shall not constitute a consent to, or waiver of, any other, different or subsequent breach. You may not assign or transfer this Agreement or any right or obligation hereunder. If any term or provision of this Agreement is held by a court of competent jurisdiction to be invalid, it shall be severed and the remaining provisions shall remain in full force without being invalidated in any way. This Agreement is not intended to create a partnership, joint venture, or agency relationship between the parties. Except for any agreements with PHAN that expressly reference this Agreement, this is the entire agreement between you and PHAN relating to the matters contained herein.
All materials displayed or otherwise accessible through the Website, including, without limitation, articles, text, photographs, images, illustrations, audio clips, and video clips, (collectively, the Content) are protected under Canadian and foreign copyright or other laws, and are owned by Ontario AIDS Network, its licensors or the party accredited as the provider of the Content. In addition, the Website is protected under copyright law as a collective work and/or compilation pursuant to Canadian and foreign laws. You shall abide by all additional copyright notices, information and restrictions on or contained in any of the Content accessed through the Website. Any use, reproduction, alteration, modification, public performance or display, uploading or posting onto the internet, transmission, redistribution or other exploitation of the Website or of any content, whether in whole or in part, other than expressly set out herein, is prohibited without the express written permission of PHAN.
Limitation of Liability
Subject to applicable law, in no event shall PHAN, its directors, employees, agents, licensors or their respective successors and assigns, be liable for any special, indirect, incidental or consequential damages of any kind, including, without limitation, any loss or damages in the nature of or relating to lost business, lost savings, lost data and/or lost profits, regardless of the cause and whether arising in contract (including fundamental breach), tort (including negligence) or otherwise. The foregoing limitation shall apply even if PHAN knew of, or ought to have known of, the possibility of such damages.
In no event shall PHAN, its directors, employees, agents, licensors or their respective successors and assigns, be liable for damages under this Agreement, whether arising in contract (including fundamental breach), tort (including negligence) or otherwise, exceeding one hundred Canadian dollars (C$100) even if PHAN has been advised or ought to have known of the possibility of such damages.
In no event shall PHAN, its directors, employees, agents, licensors or their respective successors and assigns, be liable for any loss or damage arising from the failure of PHAN or your failure to protect your password or account information.
PHAN expressly disclaims any and all liability for the acts, omissions or conduct of any third-party user of the Website or any advertiser or sponsor of the Website (collectively, third-party user). Under no circumstances shall PHAN and its directors, employees, agents licensors, be liable for any injury, loss, damage (including special, indirect, incidental or consequential damages) or expense arising in any manner whatsoever from (i) the acts, omissions or conduct of any third-party user; and (ii) any use or inability to use any softwares, materials, content, goods or services located at or made available at any website linked to or from the Website.
If you decide to access or use any linked website or content, materials, software, goods or services from a website linked to the Website, you do so entirely at your own risk.
You hereby release PHAN and its directors, employees, agents and their respective successors and assigns, from any damages that you incur, and agree not to assert any claims against them, arising from your purchase or use of any products or services made available through the Website or by third parties through the Website.
Software Licenses and Ownership
All software embedded in or located on or at the Website, including, without limitation, all computer code of all types, including all files and/or images contained in or generated by such software (Software) is protected by copyright and may be protected by other rights. All such Software is owned by PHAN, its licensors or the party accredited with ownership of such Software. You are hereby granted the right to access and use the Software embedded and integrated into the Website, subject to (i) the terms and conditions of this Agreement, and (ii) any additional conditions which may be imposed on your access and use of such Software.
If the Website provides Software for download, unless otherwise provided, you are hereby granted, subject (i) to the terms of this Agreement and (ii) to any other terms and conditions that may apply to your downloading and use of such Software, a personal, non-transferable, non-exclusive license to (i) install and run one copy of the Software in object-code format on a non-networked computer for your personal, non-commercial use; and (ii) to reproduce the Software only as reasonably required to install, run and make reasonable backup copies as allowed by law.
Except to the extent expressly permitted in this Agreement, you may not: (i) use, reproduce, modify, adapt, translate, upload, download or transmit the Software in whole or in part; (ii) sell, rent, lease, license, transfer or otherwise provide access to the Software; (iii) alter, remove or cover any trademarks or proprietary notices included in the Software; and/or (iv) decompile, disassemble, decrypt, extract or reverse engineer the Software or assist others in doing so.
Nothing contained in the Website shall be construed as granting you any right, title, interest or other license in or to any Software embedded or integrated into the Website or made available for download from the Website, including, but not limited, to any intellectual property rights in the Software.
All Software embedded or integrated into the Website is provided As Is, without warranties of any kind, either expressed or implied, including, without limitation, any warranty (i) that the Software is of merchantable quality or is fit for any particular purpose; (ii) that the Software will conform with any specification(s) relating to the Software; (iii) that the Software will be free from material defects; (iv) that the Software contains no computer viruses or other contaminants; or (v) that the Software shall process date-related and time-related data without causing any processing interruptions, abnormal termination or process or manipulate any time-related data.
To use certain features of the Website, you may be asked to register with the Website. In most cases, agencies will be responsible for Membership Application. Each registered member agency may release user names as per the Application Agreement.
PHAN may at any time, without notice, in its sole discretion and without cause, terminate your right to access or use the Website, (or any portion thereof). PHAN may also terminate your right to access and use the Website, or any part of the Website, if you breach any term or condition of this Agreement.
The information contained on the Website is for informational purposes only. It is not intended to provide legal, accounting, tax, investment, financial, medical or other advice to you, and you should not rely upon the information to provide any such advice.
The Website may provide features that allow you to post messages and content, to interact with other users and to upload files, documents or other materials (collectively, Submissions). When using any of the features of the Website which allow you to post, upload or make Submissions, it is a condition of your use of the Website that you observe the rules of netiquette and that you do not: (i) restrict or inhibit any other user from using and enjoying the Website, interfere or attempt to interfere with the proper workings of the Website or do anything which in the sole discretion of PHAN imposes an unreasonable or disproportionately large load on PHAN Website infrastructure; (ii) post or transmit any unlawful, threatening, abusive, libelous, defamatory, obscene, vulgar, pornographic, profane or indecent information of any kind, including, without limitation, any Submission constituting or encouraging conduct that would constitute a criminal offense, give rise to civil liability or otherwise violate any local, state, provincial, national or international law or regulation; (iii) post or transmit any Submission, including, without limitation, articles, images, stories, software or other material, which violates or infringes upon the rights of others, including material that is an invasion of privacy or publicity rights or which is protected by any intellectual property rights, including, without limitation, copyright, patent, trade secret, trademark or other proprietary rights herein, or derivative works with respect thereto, without first obtaining permission from the owner or rights holder; (iv) post or transmit any Submission that promotes racism, bigotry, hatred or physical harm of any kind against any group or individual, could be harmful to minors, harasses or advocates harassment of another person, provides material that exploits people under the age of 18 in a sexual or violent manner, provides instructional information about illegal activities, including, without limitation, the making or buying of illegal weapons; (v) post or submit any Submission which solicits passwords or personal identifying information for commercial or unlawful purposes from other users; (vi) post or transmit any Submission which contains a virus or other harmful component, or provides or creates computer viruses; (vii) post or transmit junk mail, chain letters, unsolicited mass mailing or spam; or (viii) use the Website for commercial purposes, including, without limitation, posting, uploading or transmitting any Submissions which contain advertising or which engage in commercial activities and/or sales, or which involve contests, sweepstakes, barter, advertising, and/or pyramid schemes.
While PHAN is under no obligation to investigate any complaint regarding any Submission, it may, in its sole discretion, investigate complaints and take any actions it deems appropriate in the circumstances, including, without limitation, removing the offending communication from the Website and terminating the submitting party’s right to access and use the Website (or any portion thereof).
To use certain features of the Website, you may also need a username and password, which you will receive through the Website registration process. You are responsible for maintaining the confidentiality of the password and account, and are responsible for all activities that occur under your password or account. You agree to notify PHAN immediately of any unauthorized use of your password or account or any other breach of security, and to ensure that you exit from your account at the end of each session. PHAN cannot and will not be liable for any loss or damage arising from PHAN’s failure or your failure to protect your password or account information.
Governing Law and Jurisdiction
The Website (excluding linked websites) is controlled by PHAN from its offices within the Province of Ontario, Canada. By accessing or using the Website, you agree that all matters relating to your access to, or use of, the Website and/or the Content shall be governed by the laws of the Province of Ontario and the laws of Canada, without regard to the conflict of laws principles thereof. You agree and hereby submit to the non-exclusive jurisdiction of the Federal Court of Canada and/or the courts of the Province of Ontario with respect to such matters. You agree that the provisions of the United Nations Convention on Contracts for the International Sale of Goods shall not apply.